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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 Page 1 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 Page 2 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 Page 3 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: ... ` NOlO 1111 ti I Attest ,:�I 3 City Cler � r Page 4 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