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Home My WebLink About5.819 Original Contract 5. go J 4 PROFESSIONAL SERVICES AGREEMENT This agreement is entered into between the City of Port Angeles, a non-charter code city of the State of Washington, (hereinafter called the "City"), and Wengler Surveying & Mapping, a sole proprietorship operated by James Wengler, professional land surveyor, (hereinafter called the "Contractor"). WHEREAS, the City requires professional surveying work to include calculations and research, field work, data processing and production of final short plat; and WHEREAS, the Contractor represents that it has the background, experience and ability to perform the required work in accordance with the standards of the profession; NOW, THEREFORE, in consideration of the above representations and the terms, conditions, and agreements set forth below, the parties hereto agree as follows: 1. Scope of work. The Contractor will perform the services outlined in its letter of January 8, 2007, a copy of which is attached hereto and incorporated herein. 2. Term. This agreement shall commence on January 10, 2007 and work shall be completed no later than forty-five (45) days thereafter. 3. Compensation. The Contractor's compensation shall be in accordance with the schedule set forth in the January 8, 2007 letter attached, incorporated not to exceed $5,317. a. The City will review the invoice for services rendered and make payment within thirty (30) days of receipt. 4. Relationship of parties. The parties understand and agree that the Contractor's firm is skilled in matters pertaining to surveying services and will perform independent functions and responsibilities in the area of this particular field of expertise. The Contractor and its personnel shall act as an independent contractor and not employees ofthe City. As such, they have no authority to bind the City or control employees of the City. Within the performance of these duties, the Contractor shall work under the direction of the City Manager. 5. Compliance with legal requirements. The Contractor shall possess any regulatory or other license required to perform the services provided under this agreement and shall comply with all applicable federal, state, and local laws. - I - 6. Indemnification/hold harmless. The Contractor shall defend, indemnify, and hold the City, its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses, or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Contractor in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. 7. Insurance. The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. No Limitation. Contractor's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Scope Coverage Contractor shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability insurance coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, and personal injury and advertising injury. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurances laws of the State of Washington. 4. Professional Liability insurance appropriate to the Contractor's profession. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: - 2 - 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute to it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, receipt requested, has been given to the City. D. Acceptability ofInsurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. 8. Non-discrimination. During the performance of this agreement, the parties shall conduct their business in a manner which assures fair, equal, and nondiscriminatory treatment of all persons, without respect to race, creed, color, sex,Vietnam era veteran status, disabled veteran condition, physical or mental handicap, or national origin, and, in particular: - 3 - a. The parties will maintain open hiring and employment practices and will welcome applications for employment in all positions from qualified individuals who are members of the above stated minorities. b. The parties will comply strictly with all requirements of applicable federal, state, or local laws or regulations issued pursuant thereto, relating to the establishment of nondiscriminatory requirements in hiring and employment practices and assuring the service of all patrons and customers without discrimination with respect to the above-stated minority status. 9. Assignabilitv. The Contractor shall not assign or transfer any interest in or responsibility under this agreement without the prior written consent of the City. 10. Amendments. The parties hereby agree that this agreement shall not be amended or modified without the written concurrence of both parties. 11. Applicable law. This agreement shall be construed and interpreted in accordance with the laws of the State of Washington, and in the event of dispute the venue of any action brought hereunder shall be Clallam County. IN WITNESS WHEREOF, the parties hereto have executed this agreement the date and year indicated below. DATE:~ J~UJ /0 - /-/6 ,2007 ,2007. DATE: CITY OF PORT ANGELES WENGLER SURVEYING & MAPPING By: ~~''"7Y1.~ Cl Manager / J Attest: By: Secretary By AI ~ .1JASW^-- City Cle , APP;Z to fO~ By: ~~ ~ City Attorney G \Legal_Backup\AGREEMENTS&CONTRACTS\2007 Agnnts & Contracts\Wengler Surveymg Mappmg wpd - 4 - ,if 5 Wengler Surveying & Mapping (360) 457-9600 Fax (360) 457-9556 www.wenglersurveving.com James Wengler, Professional Land Surveyor 330 East FiIst Street, Suite 10 Port Angeles, Washmgton 98362 January 8, 2007 Sue Roberds Plannmg Manager, Community & Economic Development Department CIty of Port Angeles 321 East Fifth Street Port Angeles, W A 98362 Re: Short Plat within a portion of Suburban lot 26, Townsite of Port Angeles. Dear Sue, Thank you for requestmg Wengler Surveying & Mapprng submit a proposal for the above mentioned survey work. This proposal includes performing the following professlOnal services. CalculatlOns and Research' We have received from you a copy of the deed to the subject property and have performed some preliminary research that was used to help determine the cost of performing this Short Plat. The boundaries of the subject property were conveyed by patent from the U.S. Government to Clallam County in 1903 and subsequently conveyed to the City of Port Angeles in 1917. The patent is based on the Government Survey of the "POli Angeles 1 0 Acre Tracts" in 1863. The streets surrounding the 10 Acre Tract (Suburban Lot) 26 were Front, Fourth, Laurel and Vine. Lincoln, Chase, Peabody, Second and Third Streets did not exist at the time of the original survey. Lmcoln Street between Second and Fomih Streets appears to have been created in 1913 based on a subdivision of said Lot 26 by the U S. Government in 1913. , . :Front 5t. 2 't. ..J Vin" Sl. ---l :J' . j -,1' \ ...... f 'Laurol St. - i. ~ '2{:, ':~ ,;' ~---,t\. ',' : '.' , .rf) -:; '/~ l . FOUl'th St. ; > 't :"' ) Sue Roberds Page 2 ,-J / ..'3/ "- ~~ I / The orJ..gl.nal w.ldth of Suburban lot 26 Wag 1570 ffolet. Th:l.S Plat used 450 feat plus an additl.onal 70 feet for LJ.ncoln Street, leav.J..ng 150 feet left for Clalli\l.IfL Coun-cy! dO '>0 PL AT 0/ #/C' S/".brkw,:.,/o// 0/ Int' 11{;'.rr -'/00/<<1" CY Svbw",oun Lal" /V~'26. 7Z1)i'.JI'.)';/~.! 0/ r()/,'l' 4Nti?r'./ Lv.. IX11..,.-;:'/'''!7I'UJI''I ..Sv/"v("y(~../ L1J' /fedt.-n/;J.' Ir.' /i...w;. t'/.S <5///""0/"''-; /i:i1r'//<//)" i:6 ~ 27.. /..P/J~ Jy:~/I"/ ~.V*l~// O.l,.\'rn...il(,.!/.(~ /to.#?1li..r I UN"/.\"IC.s..~it"""'.. ~A:lb/N/t;ff/4'" > LI..?ICl'/ Ii:JY(/~/,;)' 4-. /5/':(, .~..J(.'I:tJ.e L~rX) ...~t" ~ #?r:'/.NC'-f' .~. We have copies of the 1863 field notes and need to acquire the 1913 notes that created Lincoln Street. In addItIOn, we will research the adjoming deeds, surveys and plats to determine if any property boundary gaps or overlaps occur. The sketc11 you provided indicates the depths of the lots are 140 feet while preliminary calculations indicate they are 150 feet deep. These dee~ and surveys will be referenced on the final plat in conformance with the Survey Recording Act. The boundaries of said lot will be computed from the record data to aid the field crew with recovering or resetting monuments. Field Work Tie the controlling monuments that defme the boundaries of Suburban Lot 26. We have previously surveyed some of these pomts but need to tie the monument at Fourth & Albert Streets in order to calculate the mtersection of Fourth & Vine Streets along with some other controlling monuments Secondly, we need to map the existing structures on the property in order to compute the boundaries of the new parcel pel your request. After the new boundaries have been approved, we will monument the comers with a 5/8" rebar with SurveyOl's plastIC cap stamped "Wengler PLS 26304" or other appropriate monumentation. The exterior boundaries will be surveyed and any existing lines of occupatIOn will be mapped and shown on the final Short Plat. Data Process1l1g: Reduce field measurements to verify the positions of all monuments, set or found. Produce Final Short Plat: Prepare 18" x 24" mylars showing the location of all monuments, set or found, and all other information required by the Survey Recording Act (RCW 58.09) and PAMC Title 16. Sue Roberds . Page 3 For these plOfessional services, I have prepared an estImate based on the following spreadsheet. This includes all matenals and recording fees. Billing will be based upon the hourly rates noted in the spreadsheet. If field condItions reqmre additIOnal time to complete the survey above the estimated cost, you will be notIfied before any addItional funds are expended. ESTIMATE OF PROFESSIONAL SERVICE CHARGES FOR CITY OF PORT ANGELES SHORT PLAT ESTIMATED HOURS HOURLY RATE COST PRE-FIELD OFFICE WORK RESEARCH JOB SETUP CALCULA TI ONS 4 1 3 $75 00 $90 00 $90 00 $300 00 $90 00 $270 00 FIELD WORK CONTROL TRAVERSE MAPPING OF BUILDINGS AND OTHER REQUIRED FEATURES MONUMENTATION 8 8 8 $12000 $12000 $12000 $960 00 $960 00 $960 00 POST FIELD OFFICE WORK DATA PROCESSING (REDUCE NOTES) DRAFT SHORT PLAT CONTINGENCIES 10% 4 10 $75 00 $90 00 $300 00 $900 00 $47400 COUNTY RECORDING FEES $1 03 00 $103 00 TOTAL $5,31700 We could begin as soon as we have authorization to proceed. We appreciate this opportumty and look forward to working WIth you. Sincerely, p_uyL James Wengler, PLS,