Consultant - 2021 - Timberline Surveying PLLC Property Boundary Survey For 97 W Aikens Rd - 12/14/2021PROFESSIONAL SERVICES AGREEMENT
(Surveying)
, This Professional Services Agreement ("Agreement") is entered into this I day of a�eber 2021, by and between the City of Eagle, an Idaho municipal corporation ("City") and
Timberline Surveying PLLC ("Contractor"), an Idaho professional limited liability company. The
City and Contractor are sometimes collectively referred to herein as the "Parties."
RECITALS
WHEREAS, the City desires to contract for surveying services for a specific property to
locate the property boundary at 97 W. Aikens Rd, in Eagle, Idaho; and
WHEREAS, Contractor possess qualifications, skills, licenses and the experience
necessary to provide the surveying services for the City.
AGREEMENT
NOW THEREFORE, and in consideration of the mutual promises contained herein, the
Parties agree to the following:
1. Incorporation of Recitals: The above Recitals are a material part of this
Agreement and are incorporated into the Services of this Agreement by reference as though they
were fully set forth herein.
2. Services: The Contractor shall provide the following surveying services set forth
in Exhibit A attached hereto and incorporated as if set forth fully herein.
3. Ownership and Intellectual Propertv: All materials produced for the City by
Contractor under this Agreement shall become the property of the City except Contractor shall
retain sole ownership of any know-how, software, source code, tools and methodologies developed
by Contractor (hereinafter "Work Product"). Contractor hereby grants to City a royalty -free, non-
exclusive, worldwide, perpetual, fully transferable license to use, reproduce or create derivative
works of the Work Product.
4. Compensation: The Contractor shall be paid for services tinder this Agreement in
an amount not to exceed $2,200.
5. Term and Completion: The Parties estimate that deliverables under this
Agreement will be provided within three to five weeks of commencing work. The above estimate
is based on the availability of controlling monuments that relate to record data. No monuments
will be set during this survey
6. Additional Services: Time for service outside of the scope of service described in
Exhibit A and which is requested by the owner, will be provided on a time and material (T&M)
basis per the rate sheet marked as Exhibit B attached hereto and incorporated as if set forth fully
herein. Any meetings or design review with the City will be provided on T&M.
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7. Equipment, Materials, Supplies: Contractor shall supply, at Contractor's sole
expense, all equipment, tools, materials, and/or supplies to accomplish the services to be provided
under this Agreement.
8. Payment: The Contractor shall submit an invoice for payment to Eagle City Hall,
P.O Box 1520, Eagle, Idaho 83616. The invoice shall provide a detailed statement of the services
provided, and hours spent on the task. Payment shall be made within thirty (30) days of receipt
invoice. Should the 30th day fall on a weekend, the payment shall be due the following Monday.
9. Taxes: The Contractor assumes full and sole responsibility for payment of state
and federal income tax, withholdings, social security, and other payroll taxes on any income
attributable to the Contractor arising from compensation provided under this Agreement. As such
the contractor shall be required to submit a completed W-9 at time of contract execution.
10. Independent Contractor: At all times during the term of this Agreement,
Contractor shall be an independent contractor and shall not be an employee of the City. City shall
have the right to control Contractor only insofar as the results of Contractor's services rendered
pursuant to this Agreement. City shall not have the right to control the means and methods by
which Contractor accomplishes services rendered hereunder. Contractor shall indemnify the City
against any liability arising out of an allegation or finding that Contractor is not an independent
contractor. Contractor is not entitled to employee benefit programs or any protection afforded
employees of the City of Eagle. Contractor is not prohibited from providing the same services for
other businesses at any time except times which would present a conflict in providing City services
under this Agreement. As a self-employed person, the Contractor will be solely responsible for
payment of all federal and state taxes, will not be an employee of the City for worker's
compensation or any other purposes, and will not have unemployment insurance benefits.
11. Contractor Not Agent: Except as City may specify in writing, Contractor shall
have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Contractor shall have no authority, express or implied, pursuant to this Agreement, to bind
City to any obligation whatsoever.
12. Nondiscrimination: Contractor agrees not to discriminate against any person
because of race, color, religion, sex, national origin, age, disability or marital status in any activity
for which Contractor is providing services under this Agreement.
13. Indemnification: Contractor agrees to indemnify and save and hold harmless City
from and for any and all losses, claims, actions, judgment for damages, or injury to persons or
property and losses and expenses and other costs including litigation costs and attorney's fees,
arising out of, resulting from, or in connection with the performance of this Agreement
14. Notice: Communication between the Parties regarding day-to-day matters shall
occur via e-mail or telephone. For Clarification on or direction regarding day-to-day matters, the
point of contact for the City shall be Zoning Administrator, William Vaughan. All other notices
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required to be given by either of the Parties shall be in writing and be deemed communicated when
personally served, or mailed in the United States mail, addressed as follows:
CITY OF EAGLE:
Attn: Eagle Planning and Zoning Dept.
660 East Civic Lane
P.O. Box 1520
Eagle, ID 83616
Contact phone: 208-939-0227
Contact entail: bx'auul1,,ittie��citvofeagle.org
CONTRACTOR:
Timberline Surveying
847 Parkcentre Way Ste. 3
Nampa, ID 83651
Contact number: 208-465-5687
Contact Email:
15. Compliance with Laws: Each parry shall comply with all applicable Federal, State
and local laws and regulations.
16. Assignment: This Agreement may not be assigned or delegated by either parry
without prior written consent of the other party.
17. Attorney's Fees: The prevailing party in any claims or disputes arising out of this
Agreement shall be entitled to recover reasonable attorney's fees in addition to other relief which
a court of competent jurisdiction may award.
18. Entire Agreement: This Agreement constitutes the entire agreement between
the Parties relative to the subject matter hereof Statements or representations of any kind not
embodied herein shall be of no force or effect. This Agreement may only be modified in writing.
19. Governing Law: This Agreement will be construed in accordance with the laws
of the State of Idaho.
20. Heirs and Assigns: This Agreement and the terms and conditions hereof shall
apply to and are binding upon the heirs, executors, administrators and assigns of the parties hereto.
21. 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.
22. Approval: The City and Contractor each acknowledge that this Agreement, even
though agreed upon by the City's representatives, is not binding upon the City until such time as
the Eagle City Council approves this Agreement and authorizes the Mayor to execute this
Agreement on behalf of the City.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
first above written.
CITY OF EAGLE: CON"I'RACTOR:
Jason !Pierce, Mayor gevin N. Sorensen PLS
ATTEST. t
T'ra c y Norn. Cit, Ck.
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Exhibit A
(Scope of Work)
l . Research boundary records and defined boundary from record documents deeds and
surveys on parent parcel and adjoined properties in title report if provided.
2. Field work necessary to authenticate the fence(s) in question using record data,
existing monumentation and other existing boundary features.
3. Resolve boundary.
4. Prepare a stamped exhibit drawing disclosing the results of the survey defining
computed or previously monumented boundary in comparison to existing fence(s).
Exclusions:
The following services are not included in this Agreement:
1. Any item not listed above.
2. Review or application fees.
3. Fees for sub consultants.
4. Re -staking of missing/destroyed/or previously set stakes.
5. Professional/legal witness fees.
6. Construction observation.
7. The transfer of use of electronic data.
8. Record of Survey.
9. Legal descriptions.
10. Monuments.
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Description
Project Manager
PLS
Party Chief (Equipped)
Two Person Crew
Field Tech (Equipped)
Office Tech
Office Clerical
Mileage
Per Diem
Expense Cost + 10%
Expert testimony 2 * billing rate
Exhibit B
FEE SCHEDULE
2021
Amount per Hour
$130.00
$120.00
$110.00
$150.00
$70.00
$110.00
$40.00
$0.50 mile
$125.00/person
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