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HomeMy WebLinkAboutProfessional Service Agreement with Land Solutions Land Surveying for Survey Creamery Property and update ALTA.` . , AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made this day of May, 2006, by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Idaho Avenue, Meridian, Idaho 83642, and Land Solutions Land Surveying and Consulting, an Idaho Professional Services Corporation, hereinafter referred to as "CONSULTANT", whose business address is 231 E. Fifth Street, Suite A, Meridian Idaho, 83642 . Scope of Services: CONSULTANT shall perform all services, and comply in all respects, as specified in the document titled "Proposal for Creamery Property ALTA Update" dated Apri124, 2006, (referred to herein as the "Scope of Services") a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 2. Time of Performance: This agreement shall become effective upon execution by both parties, and shall expire upon completion of the Scope of Services, but no later than September 30, 2006, unless earlier terminated or extended. 3. Indemnification and Insurance: CONSULTANT shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by CONSULTANT, its servants, agents, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CONSULTANT shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONSULTANT covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or liability to persons or property. Additionally, CONSULTANT shall maintain Workers Compensation Insurance, in the statutory limits as required by law. CONSULTANT shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONSULTANT'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY. In the event the insurance minimums are changed, CONSULTANT shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Clerk with a copy to Meridian City Accounting, 33 East Idaho Avenue, Meridian, Idaho 83642. 4. Independent Contractor: In all matters pertaining to this agreement, CONSULTANT shall be acting as an independent contractor, and neither CONSULTANT nor any officer, employee or agent of CONSULTANT will be deemed an employee of CITY. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. PROFESSIONAL SERVICES AGREEMENT -page 1 of 4 Compensation: CONSULTANT shall be compensated for professional services pursuant to and specified in attached Exhibit "A" not to exceed $1,020.00. 6. Method of Payment: CONSULTANT will invoice the City of Meridian Accounting Department at 33 East Idaho Avenue, Meridian, Idaho 83642 directly for all current amounts earned under this Agreement at the end of each month or upon completion of the scope of services. The CITY will pay all invoices within thirty (30) days after receipt. 7. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, at the addresses set forth in the first paragraph of this agreement. Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 9. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition. and provision. hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 10. Assignment: It is expressly agreed and understood by the parties hereto, that CONSULTANT shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 11. Discrimination Prohibited: In performing the Services required herein, CONSULTANT shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 12. Reports and Information: At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 13. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONSULTANT'S records with respect to all matters covered by this Agreement. CONSULTANT shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 14. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other PROFESSIONAL SERVICES AGREEMENT -page 2 of 4 country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 15. Compliance with Laws: In performing the scope of services required hereunder, CONSULTANT shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 16. Changes: The CITY may, from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of CONSULTANT'S compensation, which are mutually agreed upon. by and between the CITY and CONSULTANT, shall be incorporated in written amendments to this Agreement. 17. Termination: If, through any cause, CONSULTANT, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONSULTANT of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONSULTANT may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONSULTANT under this Agreement shall, at the option of the CITY, become its property, and CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, CONSULTANT shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONSULTANT, and the CITY may withhold any payments to CONSULTANT for the purposes of set-off until such time as the exact amount of damages due the CITY from CONSULTANT is determined. This provision shall survive the termination of this agreement and shall not relieve CONSULTANT of its liability to the CITY for damages. 18. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 19. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 20. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and. the ordinances of the City of 1Vleridian. PROFESSIONAL SERVICES AGREEMENT -page 3 of 4 21. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CONSULTANT LAND SOLUTIONS BY: CLINT HANSEN, PRESIDENT CITY OF MERIDIAN BY: ~~ `\`\~~~~<<~~'~' 1~YIlY~};~de RD, MAYOR .~ ~~ ~ ,, .~ Attest: `~ '~. T~ ~~*!+~ O WILLIAM G. BERG, JR., ERA ~' ~ ~ ~ ~ ~1 l~~rrrrrrirt ~a+~ti~~~~~ PROFESSIONAL SERVICES AGREEMENT -page 4 of 4 F• L.an olutions Land Surveying and Consulting April 24, 2006 revised) Mr. Ted Baird, Deputy City Attorney City of Meridian 703 N Main St Meridian ID 83642 Subject: Proposal for Creamery Property ALTA Update Dear Ted: As requested, I have prepared the following proposal to provide an updated ALTA survey on the Creamery property located at 27 E. Broadway Ave. in Section 7 of Township 3 North, Range 1 East, BM, Ada County, Idaho. I have reviewed the site and propose the following- Task 1 ALTA Survey,- Update existing ALTA survey performed for RSCI of the property to include the following: • Update current ALTA to meet the 2005 Minimum Standard Detail Requirements for ALTA/ACSM Land Title Surveys and the conditions required by First American Title Company. • Conduct additional surveying as necessary to update topographical information shown on survey. • Set monuments at property corners where necessary. • Prepare Record of Survey drawing in accordance with the 2005 Minimum Standard Detail Requirements for ALTA/ACSM Land Title Surveys. • Additional requirements as shown in Table A of the Minimum Standard Detail Requirements will be shown, namely: • Item 1 -Monuments to be set at corners • Item 4 -Gross land area. • Item 8 -Substantial visible improvements in addition to buildings. • Item 1 1 a -Location of utilities existing on or serving the surveyed property determined by visible evidence. • Prepare legal description (metes and bounds) of the property boundary to include the alley to be vacated by ACHD and Lot 22. De/ive~ab/es • Z original legal descriptions of properly boundary with seal and signature. • 2 copies of ALTA Record of Survey drawing with recording information. Assumab/es • A title report for the property with all underlying documents shall be furnished to Land Solutions prior to commencement of any surveying on the property. • The items as described in this proposal are for general descriptive purposes only, and Land Solutions will be responsible for the ALTA requirements as set forth in the 2005 Minimum Standard Detail Requirements for ALTA/ACSM Land Title Surveys. The cost to provide these services is a not to exceed cost of $1,020.00. This cost includes the possibility that we may have to have a survey crew on the site to update any information. I anticipate that the actual cost for the work performed will be around $ 720.00. I have included a copy of the 2005 Minimum Standard Detail 231 E. 5th St., Ste. A 208.288.2040 (tel) Meridian, Idaho 83642 208.288.2557 (fax)