HomeMy WebLinkAboutR-2002-049 PLSA Engineering & Surveying AgreementRESOLUTION NO. R — 2002 - 49
A RESOLUTION authorizing and directing the City Manager and
City Clerk of the City of Yakima to execute an agreement with PLSA
Engineering & Surveying, an Engineering & Surveying firm.
WHEREAS, the City requires the collection of existing topographic
data to design and construct a irrigation main within Jerome Avenue
extending from 25th Avenue to 6th Avenue in the City of Yakima; and
WHEREAS, the Consultant represents that it has the expertise
necessary to perform the services required by the City, now therefore.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF YAKIMA:
The City Manager and City Clerk of the City of Yakima are hereby
authorized and directed to execute an agreement with PLSA Engineering &
Surveying for the purpose mentioned above, a copy of which agreement is
attached hereto and by reference made a part hereof.
ADOPTED BY THE CITY COUNCIL this 16th day of April, 2002
Mayor
ATTEST:
City Clerk
ENGINEERING SERVICES AGREEMENT
THIS AGREEMENT is made and entered into by and between the City of Yakima, a
Washington municipal corporation (hereinafter the "City"), and PLSA Engineering & Surveying,
(hereinafter "Consultant").
WHEREAS, the City requires the collection of existing topographic data to design and
construct one irrigation main within Jerome Avenue extending from 25th Avenue to 6th Avenue
in the City of Yakima.
WHEREAS, the Consultant represents that it has the expertise necessary to perform the
services required by the City.
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
agreements set forth herein, it is agreed by and between the City and Consultant as follows:
1. Scope of Services.
a. Consultant. The Consultant shall perform the following tasks upon receipt of written
authorization from the City:
Task 1 Locate all structures, above ground improvements, and unusual areas
within the existing street right of way within 15 feet of the right of way
lines on both sides of the street as possible. This shall include all existing
manhole, catch basin and valve invert elevations. Contact the Utilities
underground Location Center and have all existing underground utilities
located by painting and those locations shot and included with the
existing topography.
Task 2 Provide the City with an ASCII file for each point located in the field or
calculated, having a Northing, Easting, Elevation and associated
Description.
Task 3 Provide the City with all calculation sheets pertaining to and showing
monumentation used and existing street right of ways for Jerome Avenue.
Task 4 Provide the City with copies of recorded surveys and/or plats used in
calculations.
Task 5 Provide the City with copies of field sketches detailing all topography
located.
Task 6 Provide horizontal survey data on assumed datum.
Each task shall be completed by Consultant as soon as possible and shall begin
following written authorization to proceed. Established completion time shall not be
extended because of any delays attributable to the Consultant, but may be extended by
the City in the event of a delay attributable to the City or because of a delay caused by
conditions beyond the control of the Consultant. All work performed by consultant shall
be completed in a professional workmanlike manner.
2. Term. The term of this Agreement shall commence upon execution hereof and shall
terminate upon completion of all services/tasks required hereunder, unless sooner
terminated by either party in accordance with Section 15.
3. Consideration. With reference to the tasks defined in Section 1, Scope of Services, the
Consultant shall be paid for fees and expenses according to attached exhibit 'A',
incorporated herein by this reference. Services provided on an hourly rate basis shall be
compensated for on the basis of the schedule of fees set forth in exhibit 'A'. Documents
recorded, as required under the appropriate filing procedure, will be reimbursed with
submittal of the receipt. No additional Professional Liability Insurance, as stated in
Section 11, shall be required above and beyond that which is currently carried by the
Consultant.
a. Maximum Fee for Services. The maximum fee for services is described in attached
Exhibit 'A'. The maximum fee shall represent the best estimate of the parties of the
maximum cost of Consultant's services specified for the various task orders.
b. Renegotiation of Maximum Fee. For all items of services which specify an estimated
maximum fee or a lump sum fee as the basis of payment, Consultant reserves the
right to renegotiate this fee if the scope of services as specified is modified or
changed by the City, whereupon additional expenses will be incurred by Consultant.
The City and Consultant shall agree to such change in fee and services in writing
prior to Consultant's provision of such modified or changed services.
c. Payment of Compensation. Consultant shall submit monthly invoices to the City.
Said invoices shall itemize all services rendered during the preceding monthly
period. The City shall make payment to Consultant within thirty (30) calendar days of
receipt of the invoice. All payments are expressly conditioned upon Consultant
providing services hereunder that are satisfactory to the City.
d. Payment in the Event of Termination. In the event that either party exercises its right
to terminate this Agreement, Consultant shall be compensated in accordance with
the above terms for all satisfactory services provided to the City up to the effective
termination date.
e. Maintenance of Financial Records/Documents. Consultant shall make the cost
records, accounts and related financial documents pertaining to this Agreement
available for inspection by representatives of the City during the term of this
Agreement and for a period of three (3) years following the final payment to
Consultant by the City. In the event that any audit or inspection identifies any
discrepancy in such financial records, Consultant shall provide the City with
appropriate clarification and/or financial adjustments within thirty (30) calendar days
of notification of the discrepancy.
f. Permit and Advertising Cost. The City shall pay all fees for costs of recording and
filing fees, necessary permits, advertising and similar items normally associated with
public works projects.
4. Additional Services and Changes. During the term of this Agreement, the City may
require additional services and/or changes to the scope of the services provided by the
Consultant under this Agreement. The City shall provide the Consultant with written
notice of such additional services and/or changes. If such changes affect the cost, or
time required for performance of this Agreement, an appropriate adjustment shall be
made if requested by the Consultant at the time such notice is given; otherwise,
Consultant shall be deemed to have waived any request for additional compensation or
extra time within which to perform this Agreement.
5. Confidentiality. All information developed by the Consultant and all conclusions
reached by him shall be confidential as between the Consultant and the City and shall
not be revealed by the Consultant to any other person or organization without the
express written consent of the City or a court order so requiring.
6. Status of Consultant. Consultant and the City understand and expressly agree that
Consultant is an independent contractor in the performance of each and every part of
this Agreement. Consultant, as an independent contractor, assumes the entire
responsibility for carrying out and completing the work/services required under this
Agreement. Consultant shall be responsible for ensuring, that all employees, agents and
subcontractors are licensed and authorized to operate the equipment necessary to
perform this Agreement, with all required fee's and permits paid and in good standing, in
accordance with law. Consultant and its employees shall make no claim of City
employment nor shall claim against the City any related employment benefits, social
security, and/or retirement benefits.
7. Taxes and Assessments. Consultant shall be solely responsible for compensating its
employees and for paying all related taxes, deductions, and assessments, including but
not limited to, federal income tax, FICA, social security tax, assessments for
unemployment and industrial injury, and other deductions from income which may be
required by law or assessed against either party as a result of this Agreement. In the
event the City is assessed a tax or assessment as a result of this Agreement, Consultant
shall pay the same before it becomes due.
8. Non -Discrimination Provision. During the performance of this Agreement, Consultant
shall not discriminate on the basis of race, age, color, sex, religion, national origin,
creed, marital status, political affiliation, or the presence of any sensory, mental or
physical handicap. This provision shall include but not be limited to the following:
employment, upgrading, demotion, transfer, recruitment, advertising, layoff or
termination, rates of pay or other forms of compensation, selection for training, and the
provision of services required under this Agreement.
9. Compliance With Law. Consultant agrees to perform those services under and
pursuant to this Agreement in full compliance with any and all applicable laws, rules, and
regulations adopted or promulgated by any governmental agency or regulatory body,
whether federal, state, local, or otherwise, including but not limited to providing and
maintaining traffic safety barriers, devices and flag persons as required by Manual on
Uniform Traffic Control Devices (MUTCD).
10. No Insurance. It is understood the City does not maintain liability insurance for
Consultant and/or its officers, agents and employees.
11. Professional Liability Insurance. On or before the date this Agreement is fully
executed by the parties, Consultant shall provide the City with a certificate of insurance
as evidence of professional liability coverage with a limit of at least {erre-M+Nfen--Del
($1;000;004:40) for each wrongful act and an annual aggregate limit of at least Two-
Mrtlion mDoiklars ($2;000,000-.0f ): The certificate shall clearly state who the provider is, the
amount of coverage, the policy number, and when the policy and provisions provided are
in effect. The insurance shall be with an insurance company rated A-VII of higher in
Best's Guide. If the policy is on a claims made basis, the retroactive date of the
insurance police shall be on or before the date this contract is executed by both parties
hereto, or shall provide full prior acts coverage. The insurance coverage shall remain in
effect during the term of this Agreement and for a minimum of three (3) years following
the termination of this Agreement.
12. Commecial Automobile Liability Insurance. On or before the date this Agreement is
fully executed by the parties, Consultant shall provide the City with a certificate of
insurance as proof of commercial automobile liability insurance with a minimum liability
limit of One Million Dollars ($1,000,000.00) combined single limit bodily injury and
property damage. The certificate shall clearly state who the provider is, the amount of
coverage, the policy number, and when the policy and provisions provided are in effect
(any statement in the certificate to the effect of "this certificate is issued as a matter of
information only and confers no right upon the certificate holder" shall be deleted). Said
policy shall be in effect for the duration of this Agreement. The policy shall name the
City, its elected officials, officers, agents, and employees as additional insured, and shall
contain a clause that the insurer will not cancel or change the insurance without first
giving the City thirty (30) calendar days prior written notice (any language in the clause
to the effect of "but failure to mail such notice shall impose no obligationor liability of any
kind upon the company" shall be crossed out and initialed by the insurance agent). The
insurance shall be with an insurance company or companies rated A -VII or higher in
Best's Guide and shall be admitted in the State of Washington.
13. Commercial Liability Insurance. Before this Agreement is fully executed by the
parties, Consultant shall provide the City with a certificate of insurance as proof of
commercial liability insurance with a minimum liability limit of One Million Dollars
($1,000,000.00) combined single limit bodily injury and property damage. The certificate
shall clearly state who the provider is, the coverage amount, the policy number, and
when the policy and provisions provided are in effect (any statement in the certificate to
the effect of "this certificate is issued as a matter of information only and confers no right
upon the certificate holder" shall be deleted). Said policy shall be in effect for the
duration of this Agreement. The policy shall name the City, its elected officials, officers,
agents, and employees as additional insureds, and shall contain a clause that the
insurer will not cancel or change the insurance without first giving the City thirty (30)
calendar days prior written notice (any language in the clause to the effect of "but failure
to mail such notice shall impose no obligation or liability of any kind upon the company"
shall be crossed out and initialed by the insurance agent). The insurance shall be with
an insurance company or companies rated A -VII or higher in Best's Guide and admitted
in the State of Washington.
14. Insurance Provided by Subcontractors. Consultant shall ensure that any
subcontractors it utilizes for work/services required under this Agreement shall comply
with all of insurance requirements set forth in Section 11 and Section 12 of this
Agreement.
15. Indemnification and Hold Harmless Consultant agrees to protect, defend, indemnify,
and hold harmless the City, its elected officials, agents, officers, and employees from
any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other
proceedings and all judgments, awards, costs and expenses (including reasonable
attorneys' fees and disbursements) resulting from Consultant's performance and/or non-
performance of its duties, obligations, and services required under this Agreement.
16. Delegation of Professional Services. The services provided for herein shall be
performed by Consultant, and no person other than regular associates or employees of
Consultant shall be engaged upon such work or services except upon written approval of
the City.
17. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be
assigned or transferred in whole or in part by Consultant to any other person or entity
without the prior written consent of the City. In the event that such prior written consent
to an assignment is granted, then the assignee shall assume all duties, obligations, and
liabilities of Consultant stated herein.
18. Termination. The City or Consultant may terminate this Agreement, with or without
cause, by giving the other party ten (10) days written notice of termination.
19. No Conflict of Interest. Consultant covenants that neither it or its employees have any
interest and shall not hereafter acquire any interest, direct or indirect, which would
conflict in any manner or degree with the performance of this Agreement. Consultant
further covenants that it will not hire anyone or any entity having such a conflict of
interest during the performance of this Agreement.
20. Severability. If any portion of this Agreement is changed per mutual agreement or and
portion is held invalid, the remainder of the Agreement shall remain in full force and
effect.
21. Integration. This written document, together with the exhibit attached hereto and
incorporated herein by this reference, constitutes the entire agreement between the City
and Consultant. There are no other oral or written Agreements between the parties as to
the subjects covered herein. No changes or additions to this Agreement shall be valid or
binding upon either party unless such change or addition be in writing and executed by
both parties.
22. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and
sent or hand delivered to the parties to their addresses as follows:
TO CITY:
TO CONSULTANT:
City Engineer
City Hall
129 North 2nd Street
Yakima, WA 98901
Rick Wehr, P.L.S., Survey Manager
PLSA Engineering & Surveying
1120 West Lincoln Avenue
Yakima, WA 98902
or to such other addresses as the parties may hereafter designate in writing. Notices
and/or demands shall be sent by registered or certified mail, postage prepaid or hand
delivered. Such notices shall be deemed effective when mailed or hand delivered at the
addresses specified above.
23. Governing Law. This Agreement shall be governed by and in accordance with the laws
of the State of Washington.
24. Venue. The venue for any action to enforce or interpret this agreement shall lie in
The Superior Court of Washington for Yakima County, Washington.
CITY OF YAKIMA
By:
Richard A Zais, City Manager
PLSA ENGINEERING & SURVEYING
By: % - "
Rick Wehr, P.L.S., Survey Manager
DATE: C9OALQ / 9! a,00c DATE: -I-- i 1 -- 2 v o 7 -
City Contract No. 20 n,-- 33/2- Zov Z - (9
EXHIBIT A
PLSA
ENGINEERING & SURVEYING
BRADLEY J CARD, P.E. LOUIE W WISHERT, JR., PLS
KENNETH G LOCKWOOD, P.E. RICHARD L. WEHR, PLS
March 22, 2002
City of Yakima
Engineering Department
129 North 2nd Street
Yakima, WA 98901
Attn• Dan Ford
Re. Topography Survey of Jerome Avenue Corridor from 6th Avenue
West to 25th Avenue, Approximately 5660 Linear Feet in Length
Dear Dan.
PLSA is pleased to respond to your request to provide professional land surveying services on
the above referenced project.
PLSA can perform a topography survey of the above referenced project with the survey
consisting mainly of:
1. Locate all structures, above ground improvements, and unusual areas within the existing
street right of way and within 15 feet of the right of way line on both sides of the street if
possible
2. Provide City of Yakima an ASCII file with each point located in the field having
Northing, Easting and Elevation.
3. Provide City of Yakima with calculation sheet showing monumentation used and existing
street right of ways in platted areas only.
4. Provide City of Yakima with copies of recorded surveys and/or short plats used in
calculations.
5. Provide City of Yakima with copies of field sketches of topography located.
1120 West Lincoln Avenue • Yakima, Washington 98902 • (509) 575-6990 • FAX (509) 575-6993
Dan Ford
City of Yakima Eng. Dept.
March 22, 2002
Page 2
6 The horizontal survey data will be provided on an assumed datum.
PLSA can perform the above listed services for an estimated fee range of $12,500 to $16,500.
The City of Yakima will provide PLSA with the location of the nearest City of Yakima elevation
bench mark.
If you have any questions or need further clarification, please call.
Sincerely,
.47
RICHARD L. WEHR, P.L.S.
Survey Manager
RLW.jc
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
a6-/4
For Meeting of April 16, 2002
ITEM TITLE: Jerome Avenue Irrigation Project
Consultant Agreement for surveying services
SUBMITTED BY: li ,S. ent of Community and Economic Development,
ngineering Division
CONTACT PERSON/TELEPHONE: K. Wendell Adams, P.E., City Engineer
575-6096
SUMMARY EXPLANATION:
PLSA Engineering and Surveying have been selected to perform topographic surveying for the
Jerome Avenue Irrigation Project. Estimated cost for this work is between $12,500.00 and
$16,500.00.
The project includes collection of existing field data, research and calculations for property and
right-of-way limits, and supplying that information in a format that can be used by City
Engineering personnel to design and construct both irrigation mains.
Resolution XX Ordinance Contract XX Other (Specify)
Funding Source: Capital Improve
APPROVED FOR SUBMITTAL:
Irrigatian Funds
7)C---41
Ci y Manager
ffir
STAFF RECOMMENDATION:
Adopt the attached resolution authorizing the City Manager and City Clerk to sign the consultant
agreement for PLSA Engmeermg & Surveying to provide the necessary topographic data for the
design and construction of Jerome Avenue Irrigation Project.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Resolution adopted. RESOLUTION #R-2002-49
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting of April 16, 2002
ITEM TITLE: Jerome Avenue Irrigation Project
Consultant Agreement for surveying services
SUBMITTED BY:
ent of Community and Economic Development,
ngineering Division
CONTACT PERSON/TELEPHONE: K. Wendell Adams, P.E., City Engineer
575-6096
SUMMARY EXPLANATION:
PLSA Engineering and Surveying have been selected to perform topographic surveying for the
Jerome Avenue Irrigation Project. Estimated cost for this work is between $12,500.00 and
$16,500.00.
The project includes collection of existing field data, research and calculations for property and
right-of-way limits, and supplying that information in a format that can be used by City
Engineering personnel to design and construct both irrigation mains.
Resolution XX Ordinance Contract XX Other (Specify)
Funding Source: Capital Improvem��, - Irriga ' Funds
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION:
Adopt the attached resolution authorizing the City Manager and City Clerk to sign the consultant
agreement for PLSA Engineenng & Surveying to provide the necessary topographic data for the
design and construction of Jerome Avenue Imgation Project.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: