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HomeMy WebLinkAboutR-2007-043 Don Wilton Surveying Professional Services AgreementRESOLUTION NO. R - 2007 — 43 A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute a professional services agreement in an amount not to exceed $7,000 for surveying services on the Public Works Complex Project. WHEREAS, the City of Yakima has identified that the Public Works site, 2301 Fruitvale Blvd. has excessive wear and damage to the asphalt and other areas on the proposed project site; and WHEREAS, it is in the best interest of the City to locate and to review the condition and need for replacement of the pavement for the Public Works Complex; and WHEREAS, the design and construction of the public improvements requires the collection of existing topographic data; and WHEREAS, the city maintains a roster of consultants whose statements of qualifications represent that they have the expertise necessary to perform the services required by the City; and, WHEREAS, the City Council has determined that it is in the best interest of the City to enter into a professional services agreement with a consultant selected from the roster for such expertise; 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 authorized and directed to execute a professional services agreement in amount not exceed $7,000 for surveying services on the Public Works Complex Project, a copy of which agreement is attached hereto and by reference made a part hereof. ADOPTED BY THE CITY COUNCIL this 3rd day of April, 2007. David Edler, Mayor ATTEST: OUt,� City Clerk PROFESSIONAL SURVEYING SERVICES AGREEMENT THIS PROFESSIONAL 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 Surveying, a company licensed to do business in Washington (hereinafter the "Surveyor"). WHEREAS, the City of Yakima desires to engage the Surveyor to perform professional surveying services for the design of the Public Works Complex Project (hereinafter the "Project"). WHEREAS, the Surveyor has the experience and expertise necessary to provide said independent surveying services and is willing to provide such services 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 the Surveyor as follows: 1. Scope of Services. The Surveyor shall establish project control and perform field topographic survey of the project limits for the City's Project to replace and restore the pavement at the Public Works Complex. The scope of services is described in more detail in attached and incorporated Exhibit "A." 2. Term. The term of this Agreement shall commence upon execution hereof and shall terminate at midnight of December 31, 2007, unless terminated sooner by either party in accordance with Section 18. The Surveyor shall proceed in a timely and diligent manner to provide all services required hereunder. 3. Consideration. The City shall pay the Surveyor for services rendered hereunder in accordance with the payment schedule set forth in attached and incorporated Exhibit "B." Unless this Agreement is otherwise modified by the parties, the total compensation paid to the Surveyor for all services provided under this Agreement shall not exceed $7,000. The Surveyor shall submit to the City monthly invoices itemizing tasks accomplished and percent completed to date. Upon receipt of said monthly invoice, the City shall make payment to the Surveyor within thirty (30) calendar days; provided, however, that all payments are expressly conditioned upon the Surveyor's providing services that are satisfactory to the City. The Surveyor shall maintain adequate files and records to substantiate all amounts itemized on the monthly invoices. In the event that either party exercises its right to terminate this Agreement in accordance with Section 18, the Surveyor shall be compensated in accordance with the above terms for all satisfactory services provided to the City up to the effective Agreement termination date. 4. Information Provided by the City. The Surveyor shall provide guidance to the City in determining the data required for purposes of the contemplated services. The City agrees to use reasonable efforts to provide data and information specifically requested by the Surveyor. 5. Status of Surveyor. The Surveyor and the City understand and expressly agree that the Surveyor is an independent contractor in the performance of each and every part of this Agreement. No officer, employee, volunteer, and/or agent of Surveyor shall act on behalf of or represent him or herself as an agent or representative of the City. The Surveyor, as an independent contractor, assumes the entire responsibility for carrying out and accomplishing the services required under this Agreement. The Surveyor expressly represents, warrants and agrees that its status as an independent contractor in the performance of the work and services required under this Agreement is consistent with and meets the six -part independent contractor test set forth in RCW 51.08.195. The Surveyor and its officers, employees, volunteers, agents and/or subcontractors shall make no claim of City employment nor shall claim against the City any related employment benefits, social security, and/or retirement benefits. Nothing contained herein shall be interpreted as creating a relationship of servant, employee, partnership or agency between the Surveyor and the City. 6. Inspection and Audit. The Surveyor shall maintain books, accounts, records, documents and other evidence pertaining to the costs and expenses allowable and consideration paid under this Agreement in accordance with generally accepted accounting practices. All such books of account and records required to be maintained by this Agreement shall be subject to inspection and audit by representatives of the City and/or the Washington State Auditor at all reasonable times, and the Surveyor shall afford the proper facilities for such inspection and audit. Such books of account and records may be copied by representatives of the City and/or the Washington State Auditor where necessary to conduct or document an audit. The Surveyor shall preserve and make available all such books of account and records for a period of three (3) years after final payment under this Agreement. 7. Taxes and Assessments. The Surveyor shall be solely responsible for compensating its employees, agents, and/or subcontractors and for paying all related taxes, deductions, and 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, the Surveyor shall pay the same before it becomes due. 8. Nondiscrimination Provision. During the performance of this Agreement, the Surveyor 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 under this Agreement. 9. The Americans with Disabilities Act. The Surveyor shall comply with the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA) and its implementing regulations and Washington State's anti -discrimination law as contained in RCW Chapter 49.60 and its implementing regulations with regard to the activities and services provided pursuant to this Agreement. The ADA provides comprehensive civil rights to individuals with disabilities in the area of employment, public accommodations, public transportation, state and local government services, and telecommunications. 10. Compliance with Law. The Surveyor 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. 11. No Conflict of Interest. Surveyor 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. The Surveyor further covenants that it will not hire anyone or any entity having such a conflict of interest during the performance of this Agreement. 12. No Insurance. It is understood the City does not maintain liability insurance for the Surveyor and its officers, directors, employees and agents. 13. Indemnification. a. The Surveyor agrees to hold harmless, indemnify, and defend the City, its elected officials, officers, employees, and agents from and against any and all suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees) which result from or arise out of the negligence of the Surveyor, its officers, agents, employees or subcontractors in connection with or incidental to the performance or non-performance of this Agreement. b. In the event that both the Surveyor and the City are negligent, each party shall be liable for its contributory share of negligence for any resulting suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees). c. The foregoing indemnity is specifically and expressly intended to constitute a waiver of the Surveyor's immunity under Washington's Industrial Insurance Act, RCW Title 51, as respects the other party only, and only to the extent necessary to provide the indemnified party with a full and complete indemnity of claims made by the Surveyor's employees. The parties acknowledge that these provisions were specifically negotiated and agreed upon by them. d. Nothing contained in this Section or this Agreement shall be construed to create a liability or a right of indemnification in any third party. e. This Section of the Agreement shall survive the term or expiration of this Agreement and shall be binding on the parties to this Agreement. 14. Insurance Provided by Surveyor. a. Professional Liability Insurance. On or before the date this Agreement is fully executed by the parties, the Surveyor shall provide the City with a certificate of insurance as evidence of professional liability coverage with a limit of at least One Hundred Thousand Dollars ($100,000.00) for each wrongful act and an annual aggregate limit of at least One Hundred Thousand Dollars ($100,000.00). 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 Liability Insurance. On or before the date this Agreement is fully executed by the parties, the Surveyor shall provide the City with a certificate of insurance as proof of commercial liability insurance with a minimum liability limit of One Million Dollars ($1,000,000.00) per occurrence/aggregate limit bodily injury and property damage. 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. 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 insureds and shall contain a clause that the insurer will not cancel or reduce in limits the insurance without first giving the City thirty (30) calendar days' prior written notice. 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. c. Commercial Automobile Liability Insurance. On or before the date this Agreement is fully executed by the parties, the Surveyor 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) per occurrence/aggregate limit bodily injury and property damage. 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. 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 insureds and shall contain a clause that the insurer will not cancel or reduce in limits the insurance without first giving the City thirty (30) calendar days' prior written notice. 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. The Surveyor shall ensure that all subcontractors it utilizes for work/services required under this Agreement shall comply with all of the above insurance requirements. 15. Delegation of Professional Services. The services provided for herein shall be performed by the Surveyor, and no person other than regular associates or employees of the Surveyor shall be engaged upon such work or services except upon written approval of the City. 16. Assignment. This Agreement, or any interest herein or claim hereunder, shall not be assigned or transferred in whole or in part by the Surveyor 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 the Surveyor stated herein. 17. Waiver of Breach. A waiver by either party hereto of a breach by the other party hereto of any covenant or condition of this Agreement shall not impair the right of the party not in default to avail itself of any subsequent breach thereof. Leniency, delay or failure of either party to insist upon strict performance of any agreement, covenant or condition of this Agreement, or to exercise any right herein given in any one or more instances, shall not be construed as a waiver or relinquishment of any such agreement, covenant, condition or right. 18. Termination. Either party may terminate this Agreement at any time, with or without cause, by providing the other party with written notice of termination ten (10) calendar days prior to the termination date. 19. 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. 20. 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: TO SURVEYOR: Brett Sheffield, P.E. Acting City Engineer City Hall 129 North Second Street Yakima, WA 98901 Donald H. Wilton, PLS Don Wilton Surveying PO Box 2275 Yakima, WA 98907 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. 21. Third Parties. The City and the Surveyor are the only parties to this Agreement and are the only parties entitled to enforce its terms. Nothing in this Agreement gives, 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. 22. Drafting of Agreement. Both the City and the Surveyor 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. 23. Integration. This written document constitutes the entire Agreement between the City and the Surveyor. 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. 24. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 25. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. 26. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same Agreement. CITY OF YAKIMA By: �J R. A. Zais, Jr., City Manager Date: — - d7 ATTEST: By: DON WILTON SURVEYING Donald H. Wilton, PLS, Owner Date: City Clerk City Contract No. oee3%d3 City Resolution No. /q -off 4-('3 EXHIBIT "A" Scope of Services. Project limits are as follows: Survey Horizontally and Vertically all surface and other identified feature on the entire 17.75 acre Public Works Complex. The following tasks are to be performed at this location: Task 1 Topography of surface features of the entire site. (Excluding Boundary Survey). Task 2 Locate existing buildings. Task 3 Provide spot elevations on a maximum of a 50 foot grid and all grade breaks. Task 4 Provide Topographic Survey map w/existing physical features and 0.5 foot contours. Task 5 Set and label horizontal and vertical control points for future use. Each task shall be completed by the Surveyor as soon as possible and shall begin following written authorization to proceed. Established completion time shall not be extended because of any delays attributable to the Surveyor, 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 Surveyor. All work performed by the Surveyor shall be completed in a professional workmanlike manner. EXHIBIT "B" Compensation Rates: Description Rate: Professional Land Surveyor $90.00 / hour Field Survey Crew - 2 man $130.00 / hour - 3 man $155.00 / hour Survey Technician $70.00 / hour Draftsman $70.00 / hour Clerical $40.00 / hour Mileage 0.35 / mile Rates effective through December 31, 2007 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 71` 1 Li For Meeting of April 3, 2007 ITEM TITLE: A Resolution authorizing the City Manager to execute a Professional Services Agreement with Don Wilton Surveying in an amount not to exceed $7,000 to perform topographic surveying services for the Public Works Complex Project. SUBMITTED BY: Chris Waarvick, Public Works Director William Cook, Director of Community & Economic Development CONTACT PERSON/TELEPHONE: Brett H. Sheffield, P.E., Acting City Engineer 576-6797 SUMMARY EXPLANATION: This is the beginning of a 3 year project to identify and coordinate the replacement of poor asphalt surfacing and asphalt base on the Public Works Complex. This project has been approved in the 2007 budget this last fall. The Engineering Division is using the testing and professional study completed by Baer Testing and Consulting in 2005 as a base study to proceed with a 3 -year plan to do the anticipated work. This initial work by Don Wilton Surveying will not exceed $7,000 and will provide a consolidated layout of the entire 17.75 acre Public Works Complex tying all surface and utility features to facilitate the plan. The Engineering Division will perform the design and construction engineering for the project. Construction projects will proceed over a period of years as discussed in the budget last fall with a total project estimate of $1 million.. Sources and amount of funds for the project work in 2007 are as follows: Fund 364 - Transit Capital Reserve $167,000 Fund 477 - Water Capital 50,000 Fund 141 - Streets Operations 33,400 Fund 471 - Refuse Operations 33,400 Fund 555 - Environmental Fund 33,400 Fund 479 Irrigation Capital 16,800 Total 2007 Funding $334,000 The attached resolution authorizes the City Manager to execute the attached Professional Surveying Services Agreement with Don Wilton Surveying to perform the surveying. The attached draft agreement identifies the tasks and estimated costs for performing these calculations and related services, not to exceed $7,000. Resolution X Ordinance Contract X Other (Specify) Funding Source: TrCapital Reserve, Fund 364 APPROVED FOR SUBMITTAL: a �/ ity ager STAFF RECOMMENDATION: Adopt the resolution BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2007-43