HomeMy WebLinkAboutR-2008-056 Coolidge Avenue Survey ServicesRESOLUTION NO. R-2008-56
A RESOLUTION authorizing and directing the City Manager and City Clerk of
the City of Yakima to execute a professional services
agreement in an amount not to exceed $9,100.00 for
surveying services for Coolidge Avenue — From 80th
Avenue to 88th Avenue.
WHEREAS, the design and construction of the public improvements
requires the collection of existing topographic data and construction surveying;
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 in amount not exceed
$9,100.00 for surveying services on Coolidge Avenue — From 80th Avenue to
88th Avenue, a copy of which agreement is attached hereto and by reference
made a part hereof.
ADOPTED BY THE CITY COUNCIL this 1St day of April, 2008.
ATTEST:
David Edler, Mayor
City Clerk
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 & 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 collection of Topographic Data on the Coolidge Road Improvement
Project - City Project number 2217 (hereinafter the "Project").
WHEREAS, ithe 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 this city project. 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 upon completion of the Construction phase of the project, 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. The initial survey work shall be
completed within one hundred twenty (60) working days following execution of this Agreement.
Subsequent work, including preparation of the Easement Legal Descriptions, and Construction
staking shall be scheduled upon written notification from the City Engineer.
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 seventeen thousand
($9,1000) dollars. 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.
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Surveyor Agreement
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.
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Surveyor 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.
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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.
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Surveyor Agreement
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:
Brett Sheffield, P.E.
Chief Engineer
City Hall
129 North Second Street
Yakima, WA 98901
TO SURVEYOR: Louie W. Wishert, P.L.S.
PLSA Engineering & Surveying
1120 West Lincoln Avenue
Yakima, WA 98902
Phone: (509) 575-6990
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.
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Surveyor Agreement
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 He 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:
A. Zais, it
Date: 4/3/08'
ATTEST:
City Clerk
Manager
y
City Contract No. 0VW-56.
City Resolution No. /Q-aDD� :510
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Surveyor Agreement
PLSA ENGINEERING & SURVEYING
By: c
F-tdiFi42D 1.,. c--' -i �2, Pa /DEALT
Date: 4 - 7- o S
ATTEST:
-1 &/-6L'
Mary lark, Secretary
Date: `T-'
EXHIBIT "A"
SURVEY SCOPE OF SERVICES
The Project is to design and construct roadway improvements including new asphalt surfacing and the
addition of curb, gutter and sidewalk if the necessary funds are available, from 80th Avenue to 88th
Avenue. The Surveyor shall perform the following tasks as a minimum:
FOR DESIGN:
Task 1 Contact the Underground Location Center and have all existing underground utilities located and
marked.
Task 2 Provide Horizontal and Vertical control to include location of road centerlines and rights of way;
location of certain property lines where the pipelines (including long side -sewers to be bored
through) will be located within easements; and existing easements.
Task 3 Provide Topographic survey field data and notes, to include the main and basement floor
elevations of all dwellings; locations of septic systems where possible; location of all foundations,
fencing, driveways, trees and shrubs etc.; existing Nob Hill Water Association water mains
(include size and approximate depth), valves and meter service locations; cross-sections and/or
contours; all existing utilities both overhead and buried including location of YTID and user
irrigation pipelines; and any unusual or significant features of importance that will or may be
encountered, or may interfere with the proposed alignment. The City will prepare all drawings and
maps.
Task 4 Provide the City with an ASCII file which includes each point located in the field and each
calculated point. The file shall contain the Northing and Easting, Elevation and point description
for each point.
Task 5 Provide the City with all calculation sheets pertaining to and showing monumentation, including
Land Corner Records if used.
Task 6 Provide the City with copies of all Records of Surveys, Short Plats and/or Plats used in
calculations.
Task 7 Provide the City with copies of all field notes and sketches detailing all topographic features of
special note as located.
Task 8 Provide Assistance in accurately establishing new easements where necessary for the new
pipelines to cross private properties including easements required for the long side -sewers.
Task 9 Prepare easement descriptions. City will prepare the Easement Deeds and communicate with the
affected landowners.
NOTE: Survey data should be in adjusted form to, (preferred) if possible, State Plane Project
Datum with Scale and Combined Factors etc. shown. A list of both sea level and
project coordinates shall be provided if this method of survey is used. The City of
Yakima is using NAD 83 Horizontal Datum and NGVD 29 Vertical Datum. The
available City Aerial photography and our database of existing monuments are at
Mean Sea Level Datum.
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Surveyor Agreement
If that is not practical, Assumed datum may be used only for horizontal control. The
vertical control may use the record invert of the beginning manholes if an acceptable
bench mark of record is not available.
All monuments used including the Bench Marks shall be shown in the adjusted
Horizontal and Vertical control data. The data points for the design shall be AutoCad
ready for import to the City drawings, see Task 4. City will prepare all
design/construction drawings and specifications using the above information.
The City will provide all available record monument and other miscellaneous data
upon request from the Surveyor.
The City will provide notification to all affected property owners or residences that the
"Surveyor" will be conducting survey tasks on their behalf, and will be entering upon
their properties. The City shall make every reasonable effort to secure, from each
landowner, permission for the "Surveyor" to enter upon individual properties within the
project limits as necessary to accomplish the required tasks. The City will be the
arbitrator for any conflicts or other problems that may arise during the surveying
phase of the project.
FOR CONSTRUCTION:
Task 1 Provide all construction Horizontal and Vertical staking for alignment and cuts and fills one time.
Any "restaking" shall be "Additional Services" in accordance with -the Compensation Rates shown in the
attached and incorporated Exhibit "B".
Task 2 Provide all Record information following construction. City will prepare the record drawings.
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 accordance with all laws governing Professional Surveying in the State of
Washington, and shall be presented in a professional format.
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Surveyor Agreement
EXHIBIT "B"
Compensation Rates:
Description Rate:
2 Person Field Crew $145.00/ hour
3 Person Field Crew $205.00 / hour
Senior Professional Land Surveyor $105.00 / hour
Project Professional Land Surveyor $95.00 / hour
Computer -Aided Drafter $60.00 / hour
Office Support $55.00 / hour
Survey Technician I $60.00 / hour
Survey Technician II $80.00 / hour
Survey Technician III $85.00 / hour
RTK GPS survey Equipment $75.00 / hour
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Surveyor Agreement
March 24, 2008
Mr. Dan Ford, E.I. T.
Engineering Department
City of Yakima
129 North 2"d Street
Yakima, WA 98901
ENGINEERING & SURVEYING
BRADLEY J. CARD, P.E.
DOUG KUHN, P.E.
LOUIE W. WISHERT, JR., PLS •
RICHARD L. WEHR, PLS
Re: Coolidge Avenue, 80th Avenue to 88th Avenue
Dear Dan:
In response to your request for our proposal to provide surveying services for the referenced
project, we offer the following work task descriptions and estimated costs.
PLSA will establish project control and perform field topographic surveys of the project limits as
delineated by you, for the City to design the anticipated improvements.
SCOPE OF SERVICES
• Establish horizontal and vertical control:
• Determine road centerline alignment.
• Complete topographic survey up to 40 feet on each side of centerline.
• Locate existing utility surface features, such as power poles, irrigation structures, etc.
• Provide the City with an ASCII file which includes each point located in the field. Each
point shall include horizontal coordinates with elevation and description for the points.
• Provide City with copies of any field notes or sketches detailing topographic features of
special note.
• Prepare base map showing parcel and right of way lines.
• The City will prepare all topographic drawings and design maps.
1120 West Lincoln Avenue • Yakima, Washington 98902 • (509) 575-6990 • FAX (509) 575-6993
Mr. Dan Ford, E.I. T.
Engineering Department
City of Yakima
March 24, 2008
Page 2
Our estimated "not to exceed" fee for the described services is $9,100.
We are prepared to provide these services upon your authorization and complete them within a
mutually agreeable time frame.
We look forward to the opportunity to provide professional surveying services to the City
Yakima.
If you have any questions, please do not hesitate to contact either me or Rick.
Sincerely,
LOUIE W. WISHERT, P.L.S.
Special Project Manager
LWW:jc
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•
•
ITEM TITLE:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. G A
For Meeting of April 1, 2008
A Resolution authorizing the City Manager to execute a Professional
Services Agreement with PLSA Engineering & Surveying, in an
amount not to exceed $ 9,100.00 to perform surveying services for
Coolidge Avenue — From 80th Avenue to 88th Avenue. City Project No.
221
SUBMITTED BY: i Cook, Director of Community & Economic Development
CONTACT PERSON/TELEPHONE: Brett H. Sheffield, P.E., Chief Engineer 576-6797
SUMMARY EXPLANATION:
With the Occidental Annexation, the City inherited an unpaved portion of Coolidge Road from 80th Avenue to
88th Avenue. The County has previously collected some funding for this roadway in the amount of $363,388
($200,000 — Apple Tree Development, $150,000 from a Congestion Mitigation and Air Quality (CMAQ)
Grant, and $14,300 from the Coolidge Heights Development) which the City also inherited. Another
$389,000 of CMAQ grant funding is available this year for which the City will compete. It is the City's
intention to at least pave the roadway this year, and include as many frontage amenities that we have
funding for. Preliminary design has begun on this project, but survey information is needed to complete the
design.
The attached resolution authorizes the City Manager to execute the attached Professional Surveying
Services Agreement with PLSA Engineering & Surveying to perform the surveying activities. The attached
agreement identifies the tasks and estimated costs for performing the surveying and related services, not to
exceed $9,100.00. The surveyors' duties will include collection of existing field data for the Engineering
Division to develop plans and specifications. The surveyor may also be used as necessary to acquire
easements as needed during the course of the project.
Resolution XX Ordinance Contract XX Other (Specify)
Funding Source:
APPROVED FOR SUBMITTAL:
y Manager
STAFF RECOMMENDATION:
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
Adopt the resolution