HomeMy WebLinkAboutBLA Agreement for Services with Parametrix CITY OF
AUBURN
WASHINGTON
Agreement for Services
This Agreement is made effective as of OC , �.- , 2013, by and between PARAMETRIX.
("CONSULTANT")and the CITY OF AUBURN ("CITY"). The parties agree as follows:
1. DESCRIPTION OF SERVICES. CONSULTANT agrees to provide the consulting services set forth in the
Scope of Work attached hereto at Exhibit A, by this reference made a part hereof, for the purpose of conducting
survey work and preparation of a boundary line adjustment application. The legal descriptions and BLA will be
completed by October 15, 2013.
2. PAYMENT. For services delivered under the Scope of Work (Exhibit A), the CITY agrees to pay
CONSULTANT a fee of$8,500. Notwithstanding its rate and payment provisions contained in its proposal for
services, CONSULTANT understands and agrees that payments must go through City Council authorization at a
regularly scheduled Council meeting and as such, payment shall only occur after this authorization has been
received. Under no circumstances shall the total fee paid by the CITY to CONSULTANT under either payment
option herein, inclusive of any and all authorized reimbursable expenses, exceed$8,500.
3. EXPENSE REIMBURSEMENT. CONSULTANT shall pay all "out-of-pocket" expenses, and shall not be
entitled to reimbursement from the CITY except for specific services, items or activities listed in the Scope of
Services as reimbursable goods or services.
4. TERM/TERMINATION.
A. This Agreement is effective upon both parties' signatures, and expires at 11:59 p.m. on November 30,
2013 or upon completion of CONSULTANT'S services, whichever is earlier, unless extended by mutual
agreement prior to the completion of all services.
B. Either party may terminate the Agreement by notifying the other party in writing within seven (7)
days of the intent to terminate. If this Agreement is terminated, CITY shall pay CONSULTANT for all work
performed as of the date of termination.
5. RELATIONSHIP OF PARTIES. CONSULTANT is an independent contractor with respect to the City of
Auburn, and not an employee of the CITY. The CITY will not provide fringe benefits, including health insurance
benefits, paid vacation, or any other employee benefit, for the benefit of CONSULTANT.
6. EMPLOYEES. The provisions of this Agreement shall also bind CONSULTANT employees who perform
services for the CITY under this Agreement.
7. INDEMNIFICATION/HOLD HARMLESS. CONSULTANT 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 negligent acts, errors or omissions of
CONSULTANT in performance of this Agreement, except for injuries and damages caused by the sole
negligence of the City. The CITY shall defend, indemnify and hold CONSULTANT, 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 negligent acts, errors or omissions of the CITY in performance of this
Agreement, except for injuries and damages caused by the sole negligence of CONSULTANT. In the event of
liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from
the concurrent negligence of AMEC and the City, its officers, officials, employees, and volunteers, (collectively
the "Parties") the Parties' liability hereunder shall be only to the extent of each Party's negligence. It is further
specifically and expressly understood that the indemnification provided herein constitutes the Parties waiver of
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AUBURN * MORE THAN YOU IMAGINED
immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This
waiver has been mutually negotiated by the Parties. The provisions of this section shall survive the
expiration or termination of this Agreement.
8. INSURANCE. CONSULTANT 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 CONSULTANT, its agents, representatives, or employees.
A. Minimum Scope of Insurance: CONSULTANT 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 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 additional insured
under CONSULTANT'S Commercial General Liability insurance policy with respect to the
work performed for the CITY under this Agreement.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of
Washington.
4. Professional Liability insurance appropriate to CONSULTANT'S profession.
B. Minimum Amounts of Insurance: CONSULTANT shall maintain the following insurance limits:
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 and Commercial General Liability insurance:
1. CONSULTANT'S insurance coverage shall be primary insurance as respect to the CITY.
Any insurance, self-insurance, or insurance pool coverage maintained by the CITY shall be
excess of CONSULTANT'S insurance and shall not contribute with it.
2. CONSULTANT'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, return
receipt requested, has been given to the CITY.
D. Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best rating of
not less than A: VII.
E. Verification of Coverage: CONSULTANT shall furnish 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 CONSULTANT before commencement of
the work.
9. ASSIGNMENT. CONSULTANT'S obligations under this Agreement may not be assigned or transferred to
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any other person, firm, or corporation without the prior written consent of the CITY.
10. NOTICES. All notices required or permitted under this Agreement shall be in writing and shall be deemed
delivered when delivered in person or deposited in the United States mail, postage prepaid, addressed as follows:
IF to CONSULTANT: IF to the CITY:
David A. Ironmonger, PLS Elizabeth Chamberlain, AICP
Survey Supervisor Planning Services Manager
Parametrix City of Auburn
1019 39th Avenue SE, Suite 100 25 W. Main Street
Puyallup, WA 98374 Auburn,WA 98001
Such address may be changed from time to time by either party by providing written notice to the other in the
manner set forth above.
11. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties and there are no
other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any
prior written or oral agreements between the parties.
12. AMENDMENT. This Agreement may be modified or amended if the amendment is made in writing and is
signed by both parties.
13. SEVERABILITY. If any provision of this Agreement shall be held to be invalid or unenforceable for any
reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of
this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and
enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
14. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this
Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and
compel strict compliance with every provision of this Agreement.
15. APPLICABLE LAW. This Agreement shall be governed by the laws of the State of Washington. Venue for
any court action shall be in King County, Washington.
The unders gned haN ead • . - • statements,understand them and agree to abide by their terms.
Signed: — __----_-._ Signed:
(1
Date: j l 7 8(13
Date:
Address: 25 West Main Street Address: 1019 39th Avenue SE, Suite 100
Auburn,WA 98001 Puyallup, WA 98374
Phone: 253-931-3041 Phone: 253-604-6624
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Exhibit A
Scope of Work
Parametrix is pleased to provide you with our scope of services and cost estimate for preparing a
Boundary Line Adjustment(BLA) between City of Auburn's tax parcels 733140-0135 and 733140-
0235 and Chase Bank's tax parcels 733140-0240 and 733140-0239. The survey will adjust the east
boundary line of the Bank's parcel to include tax parcel 0235. This adjustment will make the east
line of the Bank's parcel common with the west line of the Safeway parcel. The north portion of the
Bank's parcel will adjusted northerly to include 11 parking spaces, landscape island, pole sign, and
retaining wall currently on City's parcel number 0135. The northerly boundary line will be
established 2 tenths of a foot north of the existing retaining wall.
In addition to the BLA, Parametrix will prepare a legal description to accompany a reciprocal parking easement of
15 parking stalls lying northerly of the northwesterly corner of the Safeway building. Surveyors will map the
parking stall limits and incorporate those limits into a legal description.
Task 1
The approach to this project will be to first establish horizontal control by locating and measuring
controlling monuments along Main Street E, `A' Street SE, Second Street SE,and Auburn Way S.
Parametrix will map the above-referenced retaining wall,parking stalls, and landscape island.
Surveyors will also map the west and portions of the north face of the Safeway building and the
southerly boundary line of the Bank's parcel to identify encroachments,if any. Additional mapping
will be performed to comply with the City's Municipal code to locate structures within 10 feet of the
proposed parcel lines.
Parametrix will prepare a BLA in accordance with the requirements as defined by the City of
Auburn's municipal code chapter 17.06. Also included under this task will be the preparation of legal
descriptions for the adjusted portions of the subject properties to be conveyed between parcel owners.
Parametrix will prepare a legal description for use in establishing a reciprocal parking easement. Parametrix will
prepare a rough draft in AutoCAD format, allowing stakeholders to review a graphical representation of existing
conditions and confirmation of proposed boundary lines.
Once the adjusted lines are accepted, and the City has reviewed the BLA, Parametrix surveyors will set 5/8
inch rebar with plastic caps at the northwest and northeast corners of the Bank's newly adjusted parcel, as well
as an angle point on the east line(AKA northwest corner of tax parcel 0235).
DELIVERABLES
• Required copies of the Application for Boundary Line Adjustment.
• Required copies of the Boundary Line Adjustment Authorization.
• Ten(10) copies of BLA drawing for submittal review.
• Readable compact discs containing digital version of all submittals.
• Legal descriptions for those portions of property to be conveyed as defined in the BLA.
• Legal description for reciprocal parking easement.
SCHEDULE
Parametrix will commence field work 5 days from notice to proceed and deliver a rough draft of the BLA
drawing for review within 10 working days after completion of field work but meeting the City's schedule of
October 15,2013. All subject to receipt of title reports and direction from the City of Auburn.
ASSUMPTIONS
• Updated title reports will be ordered and paid for by the City of Auburn.
• All fees associated with the BLA will be the responsibility of the City of Auburn.
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• Minimum detailed features will be gathered on the Bank's building structure, the intent of this survey
is for use in a boundary line adjustment, not to support architectural design.
• Horizontal Datum: NAD 83/2011 per Washington State Reference Network (WSRN) or as published
by the City of Auburn.
Map of Subject Property
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