HomeMy WebLinkAboutR-2006-148 PLSA Surveying & Engineering AgreementRESOLUTION NO. R - 2006 -148
A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of
Yakima to execute a professional services agreement with PLSA, in an
amount not exceed $10,000.00, for surveying services on the Nob Hill
Boulevard -Fair Avenue Intersection Improvement Project.
WHEREAS, the City has received funding from the Department of Transportation to
design improvements to the intersection of Nob Hill Boulevard and Fair Avenue; and
WHEREAS, the City has received funding from the Yakima County SIED program to
construct a portion of these improvements on the southwest comer of the intersection to
accommodate the Fiesta Foods grocery store; and
WHEREAS, Fiesta Foods will begin construction of the new grocery store in November
of 2006; and
WHEREAS, the design and construction of the public improvements requires the
collection of existing topographic data; and
WHEREAS, the city maintains a roster of consultants whose statements of
qualifications represent that they have the expertise necessary to perform the services required
by the City; and,
WHEREAS, the City Council has determined that it is in the best interest of the City to
enter into a professional services agreement with a consultant selected from the roster for such
expertise; 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 authorized and directed to
execute a professional services agreement with PLSA, in an amount not exceed $10,000.00,
for surveying services on the Nob Hill Boulevard -Fair Avenue Intersection Improvement Project,
a copy of which agreement is attached hereto and by reference made a part hereof.
ADOPTED BY THE CITY COUNCIL this 3rd day of October, 2006.
PROFESSIONAL SURVEYING
SERVICES AGREEMENT
THIS PROFESSIONAL SURVEYING SERVICES AGREEMENT (hereinafter "Agreement") is
made and entered into by and between the City of Yakima, a Washington municipal corporation
(hereinafter the "City"), and PLSA Engineering and Surveying, a company licensed to do business
in Washington (hereinafter the "Surveyor").
WHEREAS, the City of Yakima desires to engage the Surveyor to perform professional
surveying services for the design of the Nob Hill Blvd & Fair Avenue Intersection Improvement
Project (hereinafter the "Project").
WHEREAS, the Surveyor has the experience and expertise necessary to provide said
independent surveying services and is willing to provide such services in accordance with the
terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements
set forth herein, it is agreed by and between the City and the Surveyor as follows:
1. Scope of Services. The Surveyor shall establish project control and perform field
topographic survey of the project limits for the City's Project to improve the said Nob Hill
Boulevard / Fair Ave Intersection. The scope of services is described in more detail in attached
and incorporated Exhibit "A."
2. Term. The term of this Agreement shall commence upon execution hereof and shall
terminate at midnight of December 31, 2006, unless terminated sooner by either party in
accordance with Section 18. The Surveyor shall proceed in a timely and diligent manner to
provide all services required hereunder.
3. Consideration. The City shall pay the Surveyor for services rendered hereunder in
accordance with the payment schedule set forth in attached and incorporated Exhibit "B."
Unless this Agreement is otherwise modified by the parties, the total compensation paid to the
Surveyor for all services provided under this Agreement shall not exceed $6,000. The Surveyor
shall submit to the City monthly invoices itemizing tasks accomplished and percent completed to
date. Upon receipt of said monthly invoice, the City shall make payment to the Surveyor within
thirty (30) calendar days; provided, however, that all payments are expressly conditioned upon
the Surveyor's providing services that are satisfactory to the City. The Surveyor shall maintain
adequate files and records to substantiate all amounts itemized on the monthly invoices. In the
event that either party exercises its right to terminate this Agreement in accordance with Section
18, the Surveyor shall be compensated in accordance with the above terms for all satisfactory
services provided to the City up to the effective Agreement termination date.
4. Information Provided by the City. The Surveyor shall provide guidance to the City in
determining the data required for purposes of the contemplated services. The City agrees to use
reasonable efforts to provide data and information specifically requested by the Surveyor.
5. Status of Surveyor. The Surveyor and the City understand and expressly agree that the
Surveyor is an independent contractor in the performance of each and every part of this
Agreement. No officer, employee, volunteer, and/or agent of Surveyor shall act on behalf of or
represent him or herself as an agent or representative of the City. The Surveyor, as an
independent contractor, assumes the entire responsibility for carrying out and accomplishing
the services required under this Agreement. The Surveyor expressly represents, warrants and
agrees that its status as an independent contractor in the performance of the work and services
required under this Agreement is consistent with and meets the six -part independent contractor
test set forth in RCW 51.08.195. The Surveyor and its officers, employees, volunteers, agents
and/or subcontractors shall make no claim of City employment nor shall claim against the City
any related employment benefits, social security, and/or retirement benefits. Nothing contained
herein shall be interpreted as creating a relationship of servant, employee, partnership or
agency between the Surveyor and the City.
6. Inspection and Audit. The Surveyor shall maintain books, accounts, records, documents
and other evidence pertaining to the costs and expenses allowable and consideration paid
under this Agreement in accordance with generally accepted accounting practices. All such
books of account and records required to be maintained by this Agreement shall be subject to
inspection and audit by representatives of the City and/or the Washington State Auditor at all
reasonable times, and the Surveyor shall afford the proper facilities for such inspection and
audit. Such books of account and records may be copied by representatives of the City and/or
the Washington State Auditor where necessary to conduct or document an audit. The Surveyor
shall preserve and make available all such books of account and records for a period of three
(3) years after final payment under this Agreement.
7. Taxes and Assessments. The Surveyor shall be solely responsible for compensating its
employees, agents, and/or subcontractors 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, the Surveyor shall
pay the same before it becomes due.
8. Nondiscrimination Provision. During the performance of this Agreement, the Surveyor
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 under this Agreement.
9. The Americans with Disabilities Act. The Surveyor shall comply with the Americans with
Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA) and its implementing regulations and
Washington State's anti -discrimination law as contained in RCW Chapter 49.60 and its
implementing regulations with regard to the activities and services provided pursuant to this
Agreement. The ADA provides comprehensive civil rights to individuals with disabilities in the
area of employment, public accommodations, public transportation, state and local government
services, and telecommunications.
10. Compliance with Law. The Surveyor 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.
11. No Conflict of Interest. Surveyor covenants that neither it nor 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. The Surveyor further covenants
that it will not hire anyone or any entity having such a conflict of interest during the performance
of this Agreement.
12. No Insurance. It is understood the City does not maintain liability insurance for the
Surveyor and its officers, directors, employees and agents.
13. Indemnification.
a. The Surveyor agrees to hold harmless, indemnify, and defend the City, its elected
officials, officers, employees, and agents from and against any and all suits, actions, claims,
liability, damages, judgments, costs and expenses (including reasonable attorney's fees) which
result from or arise out of the negligence of the Surveyor, its officers, agents, employees or
subcontractors in connection with or incidental to the performance or non-performance of this
Agreement.
b. In the event that both the Surveyor and the City are negligent, each party shall be
liable for its contributory share of negligence for any resulting suits, actions, claims, liability,
damages, judgments, costs and expenses (including reasonable attorney's fees).
c. The foregoing indemnity is specifically and expressly intended to constitute a waiver
of the Surveyor's immunity under Washington's Industrial Insurance Act, RCW Title 51, as
respects the other party only, and only to the extent necessary to provide the indemnified party
with a full and complete indemnity of claims made by the Surveyor's employees. The parties
acknowledge that these provisions were specifically negotiated and agreed upon by them.
d. Nothing contained in this Section or this Agreement shall be construed to create a
liability or a right of indemnification in any third party.
e. This Section of the Agreement shall survive the term or expiration of this Agreement
and shall be binding on the parties to this Agreement.
14. Insurance Provided by Surveyor.
a. Professional Liability Insurance. On or before the date this Agreement is fully
executed by the parties, the Surveyor shall provide the City with a certificate of insurance as
evidence of professional liability coverage with a limit of at least One Million Dollars
($1,000,000.00) for each wrongful act and an annual aggregate limit of at least Two Million
Dollars ($2,000,000.00). 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 or higher in Best's Guide. if the policy
is on a claims made basis, the retroactive date of the insurance policy 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.
b. Commercial Liability Insurance. On or before the date this Agreement is fully
executed by the parties, the Surveyor 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) per occurrence/aggregate 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. 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 reduce in limits the insurance without first giving the City thirty (30) calendar days' prior
written notice. 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.
c. Commercial Automobile Liability Insurance. On or before the date this Agreement is
fully executed by the parties, the Surveyor 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) per occurrence/aggregate 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. 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 reduce in limits the insurance without first giving the City thirty (30) calendar days' prior
written notice. 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.
d. Insurance Provided by Subcontractors. The Surveyor shall ensure that all
subcontractors it utilizes for work/services required under this Agreement shall comply with all
of the above insurance requirements.
15. Delegation of Professional Services. The services provided for herein shall be performed
by the Surveyor, and no person other than regular associates or employees of the Surveyor shall
be engaged upon such work or services except upon written approval of the City.
16. Assignment. This Agreement, or any interest herein or claim hereunder, shall not be
assigned or transferred in whole or in part by the Surveyor 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
the Surveyor stated herein.
17. Waiver of Breach. A waiver by either party hereto of a breach by the other party hereto of
any covenant or condition of this Agreement shall not impair the right of the party not in default
to avail itself of any subsequent breach thereof. Leniency, delay or failure of either party to
insist upon strict performance of any agreement, covenant or condition of this Agreement, or to
exercise any right herein given in any one or more instances, shall not be construed as a waiver
or relinquishment of any such agreement, covenant, condition or right.
18. Termination. Either party may terminate this Agreement at any time, with or without
cause, by providing the other party with written notice of termination ten (10) calendar days prior
to the termination date.
19. Severability. If any portion of this Agreement is changed per mutual agreement or any
portion is held invalid, the remainder of the Agreement shall remain in full force and effect.
20. 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 SURVEYOR:
Brett Sheffield, P.E.
Acting City Engineer
City Hall
129 North Second Street
Yakima, WA 98901
Richard L. Wehr, PLS
Survey Manager
1120 W. Lincoln Ave.
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.
21. Third Parties. The City and the Surveyor are the only parties to this Agreement and are
the only parties entitled to enforce its terms. Nothing in this Agreement gives, is intended to
give, or shall be construed to give or provide any right or benefit, whether directly or indirectly or
otherwise, to third persons.
22. Drafting of Agreement. Both the City and the Surveyor have participated in the drafting
of this Agreement. As such, it is agreed by the parties that the general contract rule of law that
ambiguities within a contract shall be construed against the drafter of a contract shall have no
application to any legal proceeding, arbitration and/or action in which this Agreement and its
terms and conditions are being interpreted and/or enforced.
23. Integration. This written document constitutes the entire Agreement between the City
and the Surveyor. 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.
24. Governing Law. This Agreement shall be governed by and construed in accordance with
the laws of the State of Washington.
25. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the
Superior Court of Washington for Yakima County, Washington.
26. Counterparts. This Agreement may be executed in one or more counterparts, each of
which shall be deemed an original, but all of which shall constitute one and the same
Agreement.
CITY OF YAKIMA
By:
R. A. Zais Jr.
, yManager
Date: /D -510 4,
City Contract No.
City Resolution No. /1 ,R,M6 —/$7,/
By: 0,.�1.4
1/Nd e ., Owner
Date: /0' q`OV
EXHIBIT "A"
Scope of Services.
Project limits are as follows: Starting at the Fair Avenue & Nob Hill Blvd. Intersection,
north to Central Ave, south to Wilson Lane, and 1000' east and west of the intersection
along Nob Hill Blvd. The following tasks are to be performed at this location:
Task 1 Locate all structures, above ground improvements, and unusual areas within
50 feet of the existing street center line on both sides. This shall include all
existing manhole 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 rights of way for all areas.
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 based upon monumentation
datum provided by the City.
Each task shall be completed by the Surveyor 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 Surveyor, 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 Surveyor. All work performed by the Surveyor shall
be completed in a professional workmanlike manner.
EXHIBIT "B"
Compensation Rates:
Description Rate:
2 Person Field Crew $140.00/ hour
3 Person Field Crew $185.00 / hour
Professional Land Surveyor $90.00 - $100.00 / hour
Computer -Aided Designer $50.00 - $80.00 / hour
Office Administrator $55.00 / hour
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. * I 1
For Meeting of October 3, 2006
ITEM TITLE: A Resolution authorizing the City Manager to execute a Professional
Services Agreement with PLSA Surveying and Engineering in an
amount not to exceed $6,000 to perform a topographic survey on the
Nob Hill Boulevard and Fair Avenue Intersection Improvement
Project, and to provide surveying services.
SUBMITTED BY:liam Cook, Director of CED
CONTACT PERSON/TELEPHONE: Brett H. Sheffield, P.E., Acting City Engineer
576-6797
SUMMARY EXPLANATION:
Earlier this year, the city received $80,000 from the Department of Transportation to design
improvements to the intersection of Nob Hill Boulevard and Fair Avenue. Last month, the city received
another loanlgrant of $100,000 from the Yakima County SLED program to construct right of way
improvements for the Fiesta Foods grocery store on the intersection's southeast corner. In order to meet
the expedited schedule of the Fiesta Foods project, a topographic survey must be completed for the
project area in order for the improvements to be constructed in November and coincide with the store's
construction schedule.
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 improvements for the entire intersection.
(Continued on next page)
Resolution XX Ordinance Contract XX Other (Specify)
Funding Source:
Federal Funds
APPROVED FOR SUBMITTAL:
Manager
STAFF RECOMMENDATION: Adopt the resolution
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2006-148
The attached resolution authorizes the City Manager to execute the attached Professional Surveying
Services Agreement with P7 Sq Engineering and Surveying to perform the topographic surveying. The
attached draft agreement identifies the tasks and estimated costs for performing these calculations and
related services, not to exceed $6,000.