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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: