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HomeMy WebLinkAboutR-2009-072 66th Ave & Summitview Ave Intersection Improvements Project Agreement with PLSA ENgineering & SurveyingRESOLUTION NO. R-2009-72 A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a professional services agreement in an amount not to exceed $ 15,800 for surveying services on 66`h Avenue and Summitview Avenue Intersection Improvements project. WHEREAS, the City of Yakima City Council has approved the City of Yakima's 2009 Budget that included $680,000 for the 66th Avenue and Summitview Avenue Intersection improvements; and 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 of the City of Yakima is authorized and directed to execute a professional services agreement in amount not exceed $15,800 for surveying services on the 66`h Avenue and Summitview Avenue Intersection Improvements, a copy of which agreement is attached hereto and by reference made a part hereof. ADOPTED BY THE CITY COUNCIL this 5th day of May, 2009. 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 design and installation of the N. 66th Avenue & Summitview Avenue Intersection 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 design and construct the said N. 66th Avenue & Summitview Avenue Intersection improvements. 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 (120) working days following execution of this Agreement. Subsequent work, including reestablishing Control Points, if necessary, and providing record data following construction, 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 $15.800 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 Page 1of9 Surveyor Agreement N. 66th Ave. & Summitview Intersection Project 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, Page 2 of 9 Surveyor Agreement N. 66th Ave. & Summitview Intersection Project 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. Page 3 of 9 Surveyor Agreement N 66th Ave. & Summitview Intersection Project 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. Page 4 of 9 Surveyor Agreement N. 66th Ave & Summitview Intersection Project 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: Douglas Mayo, P.E. City Engineer City Hall 129 North Second Street Yakima, WA 98901 TO SURVEYOR: Rick Wehr, 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 n Page 5 of 9 Surveyor Agreement N. 66th Ave. & Summitview Intersection Project 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 PLSA ENGINEERING & SURVEYING By: /�eC • (X/� R. A. Zais, Jr., City Manager Rick Wehr, P.L.S., President Date: k.5A / ATTER. T: zetaaten:,(J 427 City Clerk City Contract No. 2DD9— ( Surveyor Agreement N. 66th Ave. & Summitview Intersection Project Date: 5--e-c)7 ATTEST: Date: 01A- I Mary 9C4'ark, Secretary EXHIBIT "A" SURVEY SCOPE OF SERVICES The Project is to reconstruct the intersection at N 66th Ave and Summitview Ave to include widening N. 66th Ave by constructing a new left turn lane and curb and gutter and sidewalk, and widening Summitview Ave by constructing a left turn lane, and constructing a new through lane along the south side of the roadway. A new Traffic Signal system will also be installed at the intersection. A Preliminary layout of the preferred alignments for the roadways is attached. 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 property lines for properties adjacent to the road rights of way within the limits of the project; and existing easements, including easements for D.I.D. #38 Lateral I Task 3 Provide Topographic survey field data and notes, to include the location and elevations at all foundations of buildings affected by the improvements, 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 (if within the area) 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 right of way and/or easements as necessary for the new improvements Task 9 Prepare right of way and/or easement descriptions City will prepare the necessary 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. Page 7 of 9 Surveyor Agreement N 66th Ave. & Summitview Intersection Project If that is not practical, Assumed datum may be used only for horizontal control The vertical control may use the record elevation of an acceptable bench mark of record within the project area 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 adjacent property owners or residences that the "Surveyor" will be conducting survey tasks for the project, and may need to enter upon their properties as part of the work. 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 control points at convenient locations within the project area. The Contractor shall be responsible for retaining a professional surveyor for the project survey layout work for the project and shall be responsible for protecting the established control points Any reestablishment of the control points done under this agreement due to the Contractor 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. Page 8 of 9 Surveyor Agreement N. 66th Ave & Summitview Intersection Project EXHIBIT "B" Compensation Rates: Description Rate: 2 Person Field Crew $150.00 / hour 3 Person Field Crew $210.00 / hour Senior Professional Land Surveyor $110.00 / hour Project Professional Land Surveyor $95.00 / hour Computer -Aided Drafter $65.00 / hour Office Support $55.00 / hour Survey Technician I $60.00 / hour Survey Technician II $85.00 / hour Survey Technician III $90.00 / hour Page 9 of 9 Surveyor Agreement N. 66th Ave & Summitview Intersection Project ENGINEERING & SURVEYING BRADLEY). CARD, P.E. DOUG KUHN, P.E. SCOTT GARLAND, EFF LOUIE W. WISHERT, JR., PLS RICHARD L. WEHR, PLS JOSEPH W BAKER, PLS CITY OF YAKIMA N. 66T11 AVE. & SUMMITVIEW AVE. INTERSECTION PROJECT ESTIMATED FEE BREAKDOWN Designs: Tasks 1 thru 7 Research $1000 Supervision/Coordination & Clerical $1200 Survey Field Crew 40 hours. @ $15.0/hour $6000 Prepare Survey Base Map $ `.600 Tasks 8 and 9 Calculating and Preparing Right of Way and/or $1200 Easement Documents Construction: Tasks 1 Surveying Field Crew 4 hours @ $150 Calculations and Coordination Task 2 Surveying Field Crew 24 hours @ $150 $ 600 $ 400 $3600 Calculations and Coordination $1200 Total $15,800 1120 West Lincoln Avenue Yakima, Washington 98902 3 (509) 575-6990 a FAX (509) 575-6993 ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. /= (O For Meeting of: May 5, 2009 A Resolution authorizing the City Manager to execute a Professional Services Agreement with PLSA Engineering & Surveying, in an amount not to exceed $15,800 to perform surveying services for the 66th Avenue & Summitview Avenue Intersection Improvements Project. SUBMITTED BY: William R. Cook, Director of Community and Economic Development CONTACT PERSON/TELEPHONE: Doug Mayo, City Engineer 576-6678 Brett Sheffield, Chief Engineer 576-6797 SUMMARY EXPLANATION: The City of Yakima's 2009 budget has $680,000 designated for improvements to the 66th Avenue and Summitview Avenue Intersection. These improvements include adding a left -turn lane on Summitview Avenue and 66th Avenue and installing a traffic signal. The attached resolution authorizes the City Manager to execute the attached Professional 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 $15,800. The surveyors' duties will include collecting existing field data needed by the City of Yakima's Engineering Division to complete the construction plans and specifications. The surveyor may also be used as necessary to determine the amount of right of way required for the project. Resolution X Ordinance Other (Specify) Contract X Mail to (name and address): Phone: Funding Source: APPROVED FOR SUBMITTAL:'� -� �s City Manager STAFF RECOMMENDATION: authorizing the City Manager to execute a consultant agreement with PLSA Engineering and Surveying. BOARD/COUNCIL/COMMISSION RECOMMENDATION: Staff respectfully requests that the Council adopt this resolution •COUNCIL ACTION: