HomeMy WebLinkAboutR-2009-076 64th Avenue & Tieton Drive Intersection Improvements Project Agreement with PLSA Engineering & SurveyingRESOLUTION NO. R-2009-76
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 $ 13,700 for surveying services for the 64"' Avenue and
Tieton Drive Intersection Improvements project.
WHEREAS, the City of Yakima desires to provide safe and efficient
intersections for the travelling public; and
WHEREAS, Wal-Mart has provided a letter of credit in the amount of $200,000
for improvements to the 64th Avenue and Tieton Drive Intersection; 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 $13,700 for surveying services
on the 64th Avenue and Tieton Drive Intersection Improvements, a copy of which
agreement is attached hereto and by reference made a part hereof.
ADOPTED BY THE CITY COUNCIL this 19th day of May, 2009.
ATTEST:
City Clerk
David Edier, Mayor
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 S. 64th Avenue & Tieton Drive
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 S.
64th Avenue & Tieton Drive 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 $13,700 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 1 of 9
Surveyor Agreement
S 64th Ave & Tieton 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, demotion,
Page 2 of 9
Surveyor Agreement
S 64th Ave & Tieton Intersection Project
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
S 64th Ave & Tieton 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
S 64th Ave & Tieton 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
Page 5 of 9
Surveyor Agreement
S 64th Ave & Tieton 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.
R. A. Zais, Jr., City Manager
Date:
ATTEST:
City Clerk
City Contract No. o20O9- 6 y
City Resolution No.
Page 6 of 9
Surveyor Agreement
S 64h Ave & Tieton Intersection Project
PLSA ENGINEERING & SURVEYING
By: !l r Lx,'
Rick Wehr, P.L.S., President
Date: 5-2C,„ -o?
ATTEST:
Mary ark, Secretary
Date: 5:2?4)f
EXHIBIT "A"
SURVEY SCOPE OF SERVICES
The Project is to reconstruct the intersection at S. 64th Ave and Tieton Dr. to include widening S 64th
Ave by constructing a new left turn lane and curb and gutter and sidewalk, and installing a new Traffic
Signal system for the intersection A Preliminary layout of the intersection showing the limits of the work
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 for utilities, drains, sanitary sewer, water mains, irrigation
systems etc.
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 improvements 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 85th Ave & Kaii Dr Sanitary Sewer 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. 85th Ave & Kail Dr Sanitary Sewer 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 85th Ave & Kail Dr Sanitary Sewer Project
•
ITEM TITLE:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.* 11
For Meeting of: May 19, 2009
A Resolution authorizing the City Manager to execute a Professional Services
Agreement with PLSA Engineering & Surveying, in an amount not to exceed $13,700
to perform surveying services for the 64th Avenue & Tieton Drive 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:
With the construction of the new Wal-Mart in the West Valley area, it is anticipated that this intersection
will receive a significant increase in traffic. The Development Agreement with Wal-Mart required them
to study (or pay for a study) of this intersection for three years or until signal warrants requiring an
intersection upgrade are met, and to also provide a letter of credit in the amount of $200,000 as their
portion of the projected intersection upgrade project. The Engineering Division believes that it is
important to begin designing this project soon, so that once warrants are met, the project would be
ready to construct.
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 $13,700. 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: Arterial Streets 142
APPROVED FOR SUBMITTAL: City Manager
STAFF RECOMMENDATION: Staff respectfully requests that the Council adopt this resolution
authorizing the City Manager to execute a consultant agreement with PLSA Engineering and
Surveying.
BOARD/COUNCIL/COMMISSION RECOMMENDATION:
COUNCIL ACTION: