HomeMy WebLinkAboutPLSA Engineering & Surveying - Professional Services AGREEMENT
For City of Yakima Use Only:
Contract No BETWEEN
Project No. } CITY OF YAKIMA, WASHINGTON
, /'
Resolution No.,
SOQ No. AND
PLSA ENGINEERING & SURVEYING
FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into on this p G day of Zest, 2015, by and between
the City of Yakima, Washington, a municipal corporation with its principal office at 129 North Second
Street, Yakima, Washington 98901, hereinafter referred to as "CITY ", and PLSA Engineering & Surveying
with its principal office at 1120 West Lincoln Avenue, Yakima, Washington 98902, hereinafter referred to
as "SURVEYOR "; said business and its principal SURVEYORs are licensed and registered to do
business in the State of Washington, and will provide surveying and related services under this
Agreement for the Yakima Fire Department on behalf of the City of Yakima, herein referred to as the
"PROJECT."
WITNESSETH:
RECITALS
WHEREAS, CITY desires to retain the SURVEYOR to provide surveying services for the
PROJECT, as described in this Agreement and subsequent Amendments thereto; and
WHEREAS, SURVEYOR represents that it has available and offers to provide personnel with
knowledge and experience necessary to satisfactorily accomplish the work within the required time and
that it has no conflicts of interest prohibited by law from entering into this Agreement;
NOW, THEREFORE, CITY and SURVEYOR agree as follows:
SECTION 1 INCORPORATION OF RECITALS
1.1 The above recitals are incorporated into these operative provisions of the Agreement.
SECTION 2 SCOPE OF SERVICES
2.1 SURVEYOR agrees to perform the following Basic Services. Unless modified in writing
by both parties, duties of SURVEYOR shall not be construed to exceed those services
specifically set forth herein:
Merge and combine the following parcels owned by the City, which properties are
used by City for Yakima Fire Station No. 95, whose address is 807 E. Nob Hill
Boulevard, Yakima, Washington:
Yakima County Assessor's Parcel Numbers 191330 - 14402, - 14403, -
14445 through - 14448, - 14532, - 14533, - 14542, - 14454, - 14456, -14458
and -14547
Prepare legal descriptions of existing parcels.
Prepare legal description of combined parcels.
Prepare short plat exemption application.
Prepare site map.
SECTION 3 CITY'S RESPONSIBILITIES
3.1 CITY - FURNISHED DATA: The CITY will provide to the SURVEYOR all technical data in the
CITY'S possession relating to the SURVEYOR'S services on the PROJECT including information
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on any pre- existing conditions known to the CITY that constitute hazardous waste contamination
on the PROJECT site as determined by an authorized regulatory agency.
3.2 ACCESS TO FACILITIES AND PROPERTY: The CITY will make its facilities reasonably
accessible to SURVEYOR as required for SURVEYOR'S performance of its services.
SECTION 4 AUTHORIZATION, PROGRESS, AND COMPLETION
4.1 In signing this Agreement, CITY grants SURVEYOR specific authorization to proceed with
WORK. The time for completion shall on or before September 30, 2015.
SECTION 5 COMPENSATION
5.1 COMPENSATION ON A TIME SPENT BASIS AT SPECIFIC HOURLY RATES: For the services
described in Section 2, compensation shall be according to Exhibit A - Schedule of Rates,
attached hereto and incorporated herein by this reference.
5.2 The total amount payable to SURVEYOR for this PROJECT shall not exceed Nine Hundred
Dollars ($900.00).
SECTION 6 RESPONSIBILITY OF SURVEYOR
6.1 The SURVEYOR shall be responsible for the professional quality, technical adequacy and
accuracy, timely completion, and the coordination of all surveys, legal descriptions and other
services furnished by the SURVEYOR under this Agreement. The SURVEYOR shall, without
additional compensation, correct or review any errors, omissions, or other deficiencies in its
plans, designs, drawings, specifications, reports, and other services. The SURVEYOR shall
perform its WORK according to generally accepted surveying standards of care and consistent
with achieving the PROJECT WORK within budget, on time, and in compliance with applicable
laws, regulations, and permits.
6.2 CITY'S review or approval of, or payment for, any plans, drawings, designs, specifications,
reports, and incidental WORK or services furnished hereunder shall not in any way relieve the
SURVEYOR of responsibility for the technical adequacy, completeness, or accuracy of its WORK
and the PROJECT WORK. CITY'S review, approval, or payment for any of the services shall not
be construed to operate as a waiver of any rights under this Agreement or at law or any cause of
action arising out of the performance of this Agreement.
6.3 In performing WORK and services hereunder, the SURVEYOR and its subcontractors,
subconsultants, employees, agents, and representatives shall be acting as independent
contractors and shall not be deemed or construed to be employees or agents of CITY in any
manner whatsoever. The SURVEYOR shall not hold itself out as, nor claim to be, an officer or
employee of CITY by reason hereof and will not make any claim, demand, or application to or for
any right or privilege applicable to an officer or employee of CITY. The SURVEYOR shall be
solely responsible for any claims for wages or compensation by SURVEYOR employees, agents,
and representatives, including subconsultants and subcontractors, and shall save and hold CITY
harmless therefrom.
6.4 INDEMNIFICATION:
(a) SURVEYOR agrees to defend, indemnify, and hold harmless the CITY, its elected
officials, agents, officers, employees, agents and volunteers (hereinafter "parties
protected ") from (1) claims, demands, liens, lawsuits, administrative and other
proceedings,(including reasonable costs and attorneys fees) and (2) judgments,
awards, losses, liabilities, damages, penalties, fines, costs and expenses of any kind
claimed by third parties arising out of, or related to any death, injury, damage or
destruction to any person or any property to the extent caused by any negligent act,
action, default, error or omission or willful misconduct arising out of the
SURVEYOR's performance under this Agreement. In the event that any lien is
placed upon the City's property or any of the City's officers, employees or agents as
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a result of the negligence or willful misconduct of the SURVEYOR, the SURVEYOR
shall at once cause the same to be dissolved and discharged by giving bond or
otherwise.
(b) CITY agrees to indemnify and hold the SURVEYOR harmless from loss, cost, or expense
of any kind claimed by third parties, including without limitation such loss, cost, or
expense resulting from injuries to persons or damages to property, caused solely by the
negligence or willful misconduct of the CITY, its employees, or agents in connection with
the PROJECT.
(c) If the negligence or willful misconduct of both the SURVEYOR and the CITY (or a person
identified above for whom each is liable) is a cause of such third party claim, the loss,
cost, or expense shall be shared between the SURVEYOR and the CITY in proportion to
their relative degrees of negligence or willful misconduct and the right of indemnity will
apply for such proportion.
(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.
SECTION 7 ASSIGNMENT
7.1 This Agreement is binding on the heirs, successors and assigns of the parties hereto. This
Agreement may not be assigned by CITY or SURVEYOR without prior written consent of the
other, which consent will not be unreasonably withheld. It is expressly intended and agreed that
no third party beneficiaries are created by this Agreement, and that the rights and remedies
provided herein shall inure only to the benefit of the parties to this Agreement.
SECTION 8 INTEGRATION
8.1 This Agreement represents the entire understanding of CITY and SURVEYOR as to those
matters contained herein. No prior oral or written understanding shall be of any force or effect
with respect to those matters covered herein. This Agreement may not be modified or altered
except in writing signed by both parties.
SECTION 9 JURISDICTION AND VENUE
9.1 This Agreement shall be administered and interpreted under the laws of the State of Washington.
Jurisdiction of litigation arising from this Agreement shall be in Washington State. If any part of
this Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and
void insofar as it conflicts with said laws, but the remainder of this Agreement shall be in full force
and effect. Venue of all disputes arising under this Agreement shall be Yakima County, State of
Washington.
SECTION 10 EQUAL EMPLOYMENT and NONDISCRIMINATION
10.1 During the performance of this Agreement, SURVEYOR and SURVEYOR's subconsultants and
subcontractors shall not discriminate in violation of any applicable federal, state and /or local law
or regulation on the basis of age, sex, race, creed, religion, color, national origin, marital status,
disability, honorably discharged veteran or military status, pregnancy, sexual orientation, and any
other classification protected under federal, state, or local law. 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. SURVEYOR agrees to comply with
the applicable provisions of State and Federal Equal Employment Opportunity and
Nondiscrimination statutes and regulations.
SECTION 11 TERMINATION OF WORK
11.1 Either party may terminate this Agreement, in whole or in part, if the other party materially
breaches its obligations under this Agreement and is in default through no fault of the terminating
party. However, no such termination may be effected unless the other party is given: (1) not less
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than fifteen (15) calendar days written notice delivered by certified mail, return receipt requested,
of intent to terminate; and (2) an opportunity for consultation and for cure with the terminating
party before termination. Notice shall be considered issued within seventy -two (72) hours of
mailing by certified mail to the place of business of either party as set forth in this Agreement.
11.2 In addition to termination under subsection 17.1 of this Section, CITY may terminate this
Agreement for its convenience, in whole or in part, provided the SURVEYOR is given: (1) not
less than five (5) calendar days written notice delivered by certified mail, return receipt requested,
of intent to terminate; and (2) an opportunity for consultation with CITY before termination. If City
terminates this Agreement for its convenience, SURVEYOR shall be entitled to compensation for
services rendered through the effective date of termination; provided, however, that such
compensation shall in no case exceed the budget of $900.00 allocated for this PROJECT.
SECTION 12 DISPUTE RESOLUTION
12.1 In the event that any dispute shall arise as to the interpretation of this agreement, or in the event
of a notice of default as to whether such default does constitute a breach of the contract, and if
the parties hereto cannot mutually settle such differences, then the parties shall first pursue
mediation as a means to resolve the dispute. If either of the afore mentioned methods are not
successful then any dispute relating to this Agreement shall be decided in the courts of Yakima
County, in accordance with the laws of Washington. If both parties consent in writing, other
available means of dispute resolution may be implemented.
SECTION 13 NOTICE
13.1 Any notice required to be given under the terms of this Agreement shall be directed to the party at
the address set forth below. Notice shall be considered issued and effective upon receipt thereof
by the addressee -party, or seventy -two (72) hours after mailing by certified mail to the place of
business set forth below, whichever is earlier.
CITY: City Manager, City of Yakima
129 North 2 nd Street
Yakima, WA 98901
SURVEYOR: PLSA Engineering & Surveying
1120 West Lincoln Avenue
Yakima, Washington 98902 � /
Attn: RiebacdL — 11Vh ?P_ac
.S.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their
respective authorized officers or representatives as of the day and year first above written.
CITY OF AKIMA PLSA REGRfN & SURVEYING
'Jeourk, , City Manager °.i _ . r_ . - • , -. - . Job , kki � L S
Title: t /4eti 7
Date: _� .�� 1 '� 6
Date:
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Attest ,:�I 3
City Cler �
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EXHIBIT A
SCHEDULE OF RATES
Page 5
P L S A ENGINEERING & SURVEYING
BRADLEY J. CARD, P.E. RICHARD L. WEHR, PLS
July 28, 2015 SCOTT GARLAND, P.E. JOSEPH W. BAKER, PLS
Ms. Royale Schneider
City of Yakima Fire Dept.
Re: Combining Tax Parcels at Fire Station 95 Parcel No's. 191330- 14402, 14403,
14445 thru 14448, 14532, 14533, 14542, 14454, 14456, 14458 & 14547
Dear Ms. Schneider:
PLSA is pleased to respond to your request to provide professional land surveying services
on the above referenced project.
PLSA can perform the above referenced project consisting mainly of:
• Prepare legal descriptions of existing parcels.
• Prepare legal description of combined parcels.
• Prepare short plat exemption application.
• Prepare site map.
PLSA can perform the above services for an estimated fee range of $700 to $900.
If you have any questions or need further clarification, please call.
Sincerely,
RICHARD L. WEHR, P.L.S.
1120 West Lincoln Avenue • Yakima, Washington 98902 • (509) 575 -6990 • FAX (509) 575 -6993