HomeMy WebLinkAboutR-2003-021 Don Wilton Surveying AgreementRESOLUTION NO. R — 2003 - 21
A RESOLUTION authorizing and directing the City Manager and
City Clerk of the City of Yakima to execute an agreement with Don Wilton
Surveying, a Surveying firm.
WHEREAS, the City requires the collection of existing topographic
data to design and construct a roundabout at the intersection of 5th Avenue
and Fruitvale Boulevard in the City of Yakima; and
WHEREAS, the Consultant represents that it has the expertise
necessary to perform the services required by the City, now therefore.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF YAKIMA:
The City Manager and City Clerk of the City of Yakima are hereby
authorized and directed to execute an agreement with Don Wilton Surveying
for the purpose mentioned above, a copy of which agreement is attached
hereto and by reference made a part hereof.
ADOPTED BY THE CITY COUNCIL this 4th day of February, 2003
ATTEST:
City Clerk
<c'
Mary Place, Mayor
SURVEYING SERVICES AGREEMENT
THIS SURVEYING SERVICES AGREEMENT (hereinafter "Agreement") is made
and entered into by and between the City of Yakima, a Washington municipal
corporation (hereinafter the "City"), and Don Wilton (hereinafter "Consultant").
WHEREAS, the City requires the collection of existing topographic data to
design and construct roadway improvements at the intersection of Fifth Avenue and
Fruitvale Boulevard with project limits extending north to "I" Street, south to Willow
Street and west along Fruitvale Boulevard approximately 800 feet in the City of Yakima.
WHEREAS, the Consultant represents that it has the expertise necessary to
perform said services and is willing to do so in accordance with the terms and
conditions of this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
agreements set forth herein, it is agreed by and between the City and Consultant as
follows:
1. Scope of Services. The Consultant shall perform the following tasks upon
receipt of written authorization from the City:
Task 1 Locate all structures, above -ground improvements, and unusual areas
within the existing Fruitvale Boulevard street right-of-way and within
15 feet of the right-of-way lines on both sides of Fruitvale Boulevard
from its intersection with Fifth Avenue and proceeding 800 feet west
along Fruitvale Boulevard in the City of Yakima. This shall include all
existing manhole, catch basin and valve invert elevations. Contact the
Utilities Underground Location Center and have all existing
underground utilities located by painting and those locations shot and
included with the existing topography.
Locate all structures, above -ground improvements, and unusual areas
within the existing Fifth Avenue street right-of-way and within 15 feet
of the right-of-way lines on both sides of Fifth Avenue from its
intersection with "I" Street and proceeding south to its intersection
with Willow Street in the City of Yakima. This shall include all
existing manhole, catch basin and valve invert elevations. Contact the
Utilities Underground Location Center and have all existing
underground utilities located by painting and those locations shot and
included with the existing topography.
Task 2 Provide the City with an ASCII file for each point located in the field or
calculated, having a Northing, Easting, Elevation and associated
Description.
Task 3 Provide the City with a II calculation sheets pertaining to and showing
monumentation used and existing street rights-of-way for Jerome
Avenue.
Task 4 Provide the City with copies of recorded surveys and/or plats used in
calculations.
Task 5 Provide the City with copies of field sketches detailing all topography
located.
Task 6 Provide horizontal survey data on assumed datum.
Each task shall be completed by Consultant as soon as possible and shall begin
following written authorization to proceed. Consultant shall complete all required
services and tasks on or by midnight, March 1, 2003. Established completion time shall
not be extended because of any delays attributable to the Consultant, but may be
extended by the City in the event of a delay attributable to the City or because of a delay
caused by conditions beyond the control of the Consultant. All work performed by
Consultant shall be completed in a professional, workmanlike manner.
2. Term. The term of this Agreement shall commence upon execution hereof and
shall terminate upon completion of all services/tasks required hereunder, unless sooner
terminated by either party in accordance with Section 17 of this Agreement.
3. Consideration.
a. Compensation for Services. Consultant shall be paid a fixed fee of Six
Thousand Two Hundred and Eighty -Five Dollars ($6,285.00) for successful completion
of the services and tasks described in Section 1 of this Agreement. Said fee shall include
any and all of Consultant's expenses and costs.
b. Renegotiation of Fee. Consultant reserves the right to renegotiate this fee if
the scope of services as specified is modified or changed by the City, whereupon
additional expenses will be incurred by Consultant. The City and Consultant shall
agree to such change in fee and services in writing prior to Consultant's provision of
such modified or changed services.
c. Payment of Compensation. Upon completion of the tasks required
hereunder, Consultant shall submit an invoice to the City. The City shall make
payment to Consultant within thirty (30) calendar days of receipt of the invoice. All
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payments are expressly conditioned upon Consultant's providing services hereunder
that are satisfactory to the City
d Payment in the Event of Termination. In the event that either party
exercises its right to terminate this Agreement, Consultant shall be compensated in
accordance with the above terms for all satisfactory services provided to the City up to
the effective termination date.
e. Maintenance of Financial Records/Documents. Consultant shall make the
cost records, accounts and related financial documents pertaining to this Agreement
available for inspection by representatives of the City during the term of this
Agreement and for a period of three (3) years following the final payment to Consultant
by the City. In the event that any audit or inspection identifies any discrepancy in such
financial records, Consultant shall provide the City with appropriate clarification
and/ or financial adjustments within thirty (30) calendar days of notification of the
discrepancy.
4. Additional Services and Changes. During the term of this Agreement, the City
may require additional services and/ or changes to the scope of the services provided by
Consultant under this Agreement. The City shall provide Consultant with written
notice of such additional services and/ or changes. If such changes affect the cost or
time required for performance of this Agreement, an appropriate adjustment shall be
made if requested by Consultant at the time such notice is given; otherwise Consultant
shall be deemed to have waived any request for additional compensation or extra time
within which to perform this Agreement.
5. Confidentiality. All information developed by Consultant and all conclusions
reached by him shall be confidential as between Consultant and the City and shall not
be revealed by Consultant to any other person or organization without the express
written consent of the City or a court order so requiring.
6. Status of Consultant. Consultant and the City understand and expressly agree
that Consultant is an independent contractor in the performance of each and every part
of this Agreement. Consultant, as an independent contractor, assumes the entire
responsibility for carrying out and completing the work/services required under this
Agreement. Consultant shall be responsible for ensuring that all employees, agents and
subcontractors are licensed and authorized to operate the equipment necessary to
perform this Agreement, with all required fees and permits paid and in good standing,
in accordance with law. Consultant and its employees shall make no claim of City
employment nor shall claim against the City any related employment benefits, social
security, and/ or retirement benefits.
7. Taxes and Assessments. Consultant shall be solely responsible for
compensating its employees and for paying all related taxes, deductions, and
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assessments, including but not Limited to federal income tax, FICA, social security tax,
assessments for unemployment and industrial injury, and other deductions from
income which may be required by law or assessed against either party as a result of this
Agreement. In the event the City is assessed a tax or assessment as a result of this
Agreement, Consultant shall pay the same before it becomes due.
8. Non -Discrimination Provision. During the performance of this Agreement,
Consultant shall not discriminate on the basis of race, age, color, sex, religion, national
origin, creed, marital status, political affiliation, or the presence of any sensory, mental
or physical handicap. 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 required under this Agreement.
9. Compliance with Law. Consultant agrees to perform those services under and
pursuant to this Agreement in full compliance with any and all applicable laws, rules,
and regulations adopted or promulgated by any governmental agency or regulatory
body, whether federal, state, local, or otherwise, including but not limited to providing
and maintaining traffic safety barriers, devices and flag persons as required by Manual
on Uniform Traffic Control Devices (MUTCD).
10. No Insurance. It is understood the City does not maintain liability insurance for
Consultant and/or its officers, agents and employees.
11. Insurance Provided by Consultant.
a. Professional Liability Insurance. On or before the date this Agreement is
fully executed by the parties, Consultant shall provide the City with a certificate of
insurance as evidence of professional liability coverage with a limit of at least One
Million Dollars ($1,000,000.00) for each wrongful act and an annual aggregate limit of at
least Two Million Dollars ($2,000,000.00). The certificate shall clearly state who the
provider is, the amount of coverage, the policy number, and when the policy and
provisions provided are in effect. The insurance shall be with an insurance company
rated A -VII or higher in Best's Guide. If the policy is on a claims made basis, the
retroactive date of the insurance policy shall be on or before the date this contract is
executed by both parties hereto, or shall provide full prior acts coverage. The insurance
coverage shall remain in effect during the term of this Agreement and for a minimum of
three (3) years following the termination of this Agreement.
b. Commercial Automobile Liability Insurance. On or before the date this
Agreement is fully executed by the parties, Consultant shall provide the City with a
certificate of insurance as proof of commercial automobile liability insurance with a
minimum liability limit of One Million Dollars ($1,000,000.00) combined single limit
bodily injury and property damage. The certificate shall clearly state who the provider
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is, the amount of coverage, the policy number, and when the policy and provisions
provided are in effect (any statement in the certificate to the effect of "this certificate is
issued as a matter of information only and confers no right upon the certificate holder"
shall be deleted). Said policy shall be in effect for the duration of this Agreement The
policy shall name the City, its elected officials, officers, agents, and employees as
additional insured, and shall contain a clause that the insurer will not cancel or change
the insurance without first giving the City thirty (30) calendar days' prior written notice
(any language in the clause to the effect of "but failure to mail such notice shall impose
no obligation or liability of any kind upon the company" shall be crossed out and
initialed by the insurance agent). The insurance shall be with an insurance company or
companies rated A -VII or higher in Best's Guide and shall be admitted in the State of
Washington.
c. Commercial Liability Insurance. Before this Agreement is fully executed by
the parties, Consultant shall provide the City with a certificate of insurance as proof of
commercial liability insurance with a minimum liability limit of One Million Dollars
(S1,000,000.00) combined single limit bodily injury and property damage. The
certificate shall clearly state who the provider is, the coverage amount, the policy
number, and when the policy and provisions provided are in effect (any statement in
the certificate to the effect of "this certificate is issued as a matter of information only
and confers no right upon the certificate holder" shall be deleted). Said policy shall be
in effect for the duration of this Agreement. The policy shall name the City, its elected
officials, officers, agents, and employees as additional insured and shall contain a clause
that the insurer will not cancel or change the insurance without first giving the City
thirty (30) calendar days' prior written notice (any language in the clause to the effect of
"but failure to mail such notice shall impose no obligation or liability of any kind upon
the company" shall be crossed out and initialed by the insurance agent). The insurance
shall be with an insurance company or companies rated A -VII or higher in Best's Guide
and admitted in the State of Washington.
d. Insurance Provided by Subcontractors. Consultant shall ensure that any
subcontractors it utilizes for work/ services required under this Agreement shall
comply with all the insurance requirements set forth in Section 11 of this Agreement.
12. Indemnification and Hold Harmless. Consultant agrees to protect, defend,
indemnify, and hold harmless the City, its elected officials, agents, officers, and
employees from any and all claims, demands, losses, liens, liabilities, penalties, fines,
lawsuits, and other proceedings and all judgments, awards, costs and expenses
(including reasonable attorneys' fees and disbursements) resulting from Consultant's
performance and/ or nonperformance of its duties, obligations, and services required
under this Agreement.
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13. Delegation of Professional Services. The services provided for herein shall be
performed by Consultant, and no person other than regular associates or employees of
Consultant shall be engaged upon such work or services except upon written approval
of the City.
14. Assignment. This Agreement, or any interest herein or claim hereunder, shall
not be assigned or transferred in whole or in part by Consultant to any other person or
entity without the prior written consent of the City In the event that such prior written
consent to an assignment is granted, then the assignee shall assume all duties,
obligations, and liabilities of Consultant stated herein.
15. No Conflict of Interest. Consultant covenants that neither it nor its employees
have any interest and shall not hereafter acquire any interest, direct or indirect, which
would conflict in any manner or degree with the performance of this Agreement.
Consultant further covenants that it will not hire anyone or any entity having such a
conflict of interest during the performance of this Agreement.
16. Severability. If any portion of this Agreement is changed per mutual agreement
or any portion is held invalid, the remainder of the Agreement shall remain in full force
and effect.
17. Termination. The City or Consultant may terminate this Agreement, with or
without cause, by giving the other party ten (10) days' written notice of termination.
18. Notices. Unless stated otherwise herein, all notices and demands shall be in
writing and sent or hand delivered to the parties to their addresses as follows:
TO CITY:
City Engineer
City Hall
129 North Second Street
Yakima, WA 98901
TO CONSULTANT: Don Wilton, P.L.S.
Don Wilton Surveying
2002 Englewood, Suite 'D`
Yakima, WA 98902
or to such other addresses as the parties may hereafter designate in writing. Notices
and/ or demands shall be sent by registered or certified mail, postage prepaid, or hand
delivered. Such notices shall be deemed effective when mailed or hand delivered at the
addresses specified above.
19. Third Parties. The City and Consultant are the only parties to this Agreement
and are the only parties entitled to enforce its terms. Nothing in this Agreement gives,
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is intended to give, or shall be construed to give or provide any right or benefit,
whether directly or indirectly or otherwise, to third persons.
20. Drafting of Agreement. Both the City and Consultant have participated in the
drafting of this Agreement. As such, it is agreed by the parties that the general contract
rule of law that ambiguities within a contract shall be construed against the drafter of a
contract shall have no application to any legal proceeding, arbitration and/or action in
which this Agreement and its terms and conditions are being interpreted and/ or
enforced.
21. Integration. This written document, together with the exhibit attached hereto
and incorporated herein by this reference, constitutes the entire agreement between the
City and Consultant. There are no other oral or written Agreements between the
parties as to the subjects covered herein. No changes or additions to this Agreement
shall be valid or binding upon either party unless such change or addition be in writing
and executed by both parties.
22. Governing Law. This Agreement shall be governed by and in accordance with
the laws of the State of Washington.
23. Venue. The venue for any action to enforce or interpret this Agreement shall lie
in the Superior Court of Washington for Yakima County, Washington.
CITY OF YAKIMA
By:
Richard A. Zais,
City Manager
DATE: abolo3
ATTEST:
City Clerk
City Contract No. 'G.03-
DON WILTON SURVEYING
By: g. ud
Don Wilton, P.L.S.
DATE:
/eso%riaz /1/a : % aco3-2(
Don Wilton Surveying
TEL 5094548/95
FAX 5094548195
January 21, 2003
Attn: Mr. Dan Ford
City Of Yakima, Engineering
129 N 2nd Street
Yakima, WA 98901
PO BOX 2275
Yakima, WA 98907
2002 Englewood, Suite D
Yakima, WA 98902
EXHIBIT A
Page 1 of 2
Reference: Roundabout Topography — Fruitvale Ave. & 5th Ave.
Dear Dan,
Don Wilton Surveying offers the following professional surveying services for your consideration, within 15
feet of the red right of way areas on the attached Exhibit A :
Assumed horizontal datum, and City of Yakima vertical datum
1) Research existing survey data in the area.
2) Provide existing surveys, short plats, plats, and right of way plans
3) Provide monumentation used & existing platted right of ways
4) Provide field topography points with Northing, Easting, Elevation, and Description.
Three types of data files will be provided to assist in terrain modeling.
a) Points to be used for break lines and TIN
b) Other points (no TIN) eg. top of water valve, invert of pipe, etc.
c) DWG file with break lines
5) Hard copies of the following:
a) Hand drawn field sketches of all topography located
b) Plots with line work & point #
The above professional surveying services will be performed, one time only, for a fixed fee
of $ 6,285.00, provided that the city of Yakima accepts our current Professional Liability
limits. ($ 1 million \ $ 1 million annual aggregate)
The above professional surveying services will be completed within 14 calendar days,
weather permitting.
Final billing will be made following the completion of work.
Payment will be due within 30 days of the date of billing.
Thank you for the opportunity to propose these services.
Please call me if you have any questions, or would like to revise the scope of services
proposed hereon
Sincerely,
Donald H. Wilton, PLS
Page 1 oft
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Parcel Map
EXHIBIT A
Page 2 of 2
03-006
City Limits
Parcels
Rivers
All attempts are made to ensure
the accuracy of this map, based on
available information at the date
this map wns created.
City of Yakima, Washington
Department of Community Development
Ph(509)575-6113 Fax(509)575-6105
Yakima GIS
0 150 300 Feet
Date: Tue Jan 14 15:33:31 2003
ITEM TITLE.
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No
For Meeting, of February 4, 2003
ti4
5`h Avenue Roundabout Project
Consultant Agreement for surveying services
SUBMITTED BY: j /artment of Community and Economic Development,
William Cook, Director
CONTACT PERSON/TELEPHONE: K. Wendell Adams, P.E., City Engineer
575-6111
SUMMARY EXPLANATION:
Don Wilton Surveying has been selected to perform topographic surveying for the 5`h Avenue
Roundabout. Estimated cost for this work is $6.285.00.
The project includes collection of existing field data, research and calculations for property and
right-of-way limits, and supplying that information in a format that can be used by City
Engineenng personnel to complete the design and construct the roundabout.
Resolution XX Ordinance Contract XX Other (Specify)
Funding Source: Arterial Street Fund 142 — Hazar; limen -tion System (HES) Federal Funds
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Adopt the attached resolution authonzing the City
Manager and City Clerk to sign the consultant
agreement for Don Wilton Surveying to provide the
necessary topographic data for the design and
construction of the 5th Avenue Roundabout Project.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2003-21