Loading...
HomeMy WebLinkAboutHLA Engineering and Land Surveying, Inc. - Right-of-Way Surveys N 62nd Ave & N 65th Ave f f A t i Engineering and Land Surveying, Inc. March 31, 2016 City of Yakima 2301 Fruitvale Blvd Yakima, WA 98902 Attn: Dan Big by Re: City of Yakima Right -of -Way Surveys for North 62nd Avenue and North 65 Avenue Yakima, Washington Proposal and Agreement for Professional Services Dear Dan: HLA Engineering and Land Surveying, Inc. (HLA), is pleased to respond to your request to provide professional land surveying services for the above referenced project. HLA proposes to provide the land surveying services as set forth on Exhibit A and shall and be performed on a time spent basis in accordance with the attached Exhibit B — Schedule of Hourly Rates, plus reimbursement for direct non -salary expenses. We estimate our fees to be $12,000.00. To accept this proposal, please sign below, initial the attached General Conditions, and return one (1) executed copy to our office. This letter and all attachments will serve as the Agreement for this project, and HLA agrees to perform the services described in Exhibit A following your authorization. We will diligently pursue the project and make every effort to finish all items in a timely manner following receipt of the accepted agreement. Thank you for the opportunity to provide professional land surveying services for this project. We e d a re prepar t be wo rk upon authori t pro Very truly yours, Eric T. Herzog, PLS ETH /sms Enclosure ACCEPTED BY CLIENT: clTYCONTw►cT ,161/' RESOLUTION N0: Ls- � ) City of 'a. ia Date G: \PROPOSALS\2016\2016 -03 -31 Yakima Survey .docx 2803 River Road • Yakima, WA 98902 • 509.966.7000 ❖ FAX 509.965.3800 • www.hlacivil.com EXHIBIT A Scope of Work During the term of this Agreement, HLA Engineering and Land Surveying, Inc. (HLA), shall perform professional services in connection with the following project: City of Yakima Right -of -Way Surveys for North 62 Avenue and North 65 Avenue Yakima, Washington This scope of work shall include the furnishing of all services, labor, materials, equipment, supplies, and incidentals necessary to conduct and complete the work for the above referenced project as described hereafter, except as noted below. 1. HLA will field survey the right -of -ways for North 62nd Avenue from West Tieton Drive to West Walnut Street, and the right -of -ways of North 65 Avenue from West Chestnut Street to Summitvew Avenue. HLA will stake the right -of -ways locations, set permanent markers for future reference, and locate any encroachments. 2. HLA will prepare a record of survey map of the areas showing the field located encroachments, right -of -ways, and points set in the field. HLA will then file the survey with the Yakima County Auditor's Office. 3. The right -of -way locations will be based on adjacent plats, surveys, and deeds of record. 4. HLA will provide six (6) paper copies of the surveys and an AutoCAD file. End of Exhibit A 0 Initial: CLIENT: 9C HLA: G: \PROPOSALS\2016\2016 -03 -31 Yakima Survey .docx EXHIBIT B Schedule of Hourly Billing Rates Effective January 1, 2016, through December 31, 2016 Senior Principal Engineer $190.00 per hour Licensed Principal Land Surveyor $185.00 per hour Licensed Principal Engineer $170.00 per hour Licensed Professional Engineer $155.00 per hour Licensed Professional Land Surveyor $141.00 per hour Project Engineer $127.00 per hour Contract Administrator $117.00 per hour CAD Technician $112.00 per hour Resident Engineer /Inspector $106.00 per hour Surveyor $106.00 per hour Senior Engineering Technician $106.00 per hour Engineering Technician $75.00 per hour Word Processing Technician $75.00 per hour Surveyor on Two Man Crew $101.00 per hour Surveyor on Three Man Crew $89.00 per hour Vehicle Mileage (Current Federal Rate) $0.54 per mile Global Positioning Survey System Fee $96.00 per hour Initial: CLIENT: 9C HLA: �' G: \PROPOSALS\2016\2016 -03 -31 Yakima Survey .docx Page 1 of 3 HLA ENGINEERING AND LAND SURVEYING, INC. (HLA) General Conditions of Agreement PLEASE READ CAREFULLY Time Period for Performance of Services HLA will perform its services in a diligent manner to completion. HLA will not be responsible for delays caused by factors beyond HLA's control or which could not readily have been foreseen at the time of execution of this Agreement. In the event of delinquency in any payment due HLA under the terms of this Agreement, HLA may suspend all services until all payment delinquencies have been remedied. Additional Services Client and HLA agree that not all work to be performed by HLA can be defined in detail at the time of execution of this Agreement. Additional work related to the project or modifications to the scope of work may be required or appropriate during the term of engagement. Client may, at any time, by written order, direct HLA to revise or modify portions of the project work or request that HLA perform additional work beyond the scope of work covered in the Basic Services, Exhibit A. Such changes shall be referred to as Additional Services. Additional engineering or surveying services as described above, and including, but not limited to, consultation during construction, construction staking, construction observation, and record drawing preparation, will be billed at our normal hourly billing rates in effect at the time of service. Billings Monthly billings will be made as work progresses, and a final billing made at the completion of work. Payment will be due within 30 days of the date of billing. A service charge of 1.50% per month will be applied to the unpaid balance commencing 30 days from the date of billing. Opinions of Cost Any opinions or estimates of cost (including probable construction cost) are made on the basis of experience and in the exercise of HLA's best judgment as a professional generally familiar with the industry. However, since HLA has no control over the cost of labor, materials, equipment or services furnished by others, or over the Contractor's methods of determining prices, or over competitive bidding or market conditions, HLA cannot and does not guarantee or warrant that proposals, bids, or actual construction costs will not vary from opinions or estimates of cost prepared by HLA. Standard of Performance The standard of care for all professional engineering and surveying and related services provided by HLA under this Agreement will be the care and skill ordinarily used by members of HLA's profession practicing under similar circumstances at the same time and in the same locality. HLA makes no other warranties, express or implied, under this Agreement or otherwise, in connection with the provision of such professional services. Construction and Safety During the Construction Phase, HLA shall not supervise, direct, or have control over Contractor's or construction work, nor shall HLA have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected by Owners or Contractors, for safety precautions and programs incident to construction work, nor for any failure of Owner or Contractors to comply with any laws and regulations applicable to the project or provision of work and/or materials for the project. HLA neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform the work in accordance with the contract documents. HLA shall not be responsible for the acts or omissions of any Contractor(s), subcontractor or supplier, or of their agents or employees, or any other persons (except HLA's employees) at the site or otherwise furnishing or performing any services on or for the benefit of the project; or for any decision, interpretation, or clarifications of the contract documents except as provided by HLA following consultation and full disclosure of facts and circumstances. The General Conditions for any construction contract documents prepared hereunder are to be the latest edition of the Standard Specifications for Road, Bridge, and Municipal Construction, as published by the Washington State Department of Transportation and the American Public Works Association, unless both parties mutually agree to use other General Conditions. Initial: CLIENT: 9.e.-- HLA: G: \PROPOSALS\2016\2016 -03 -31 Yakima Survey .docx Page 2 of 3 Limit of Professional Liability To the fullest extent permitted by law, Client and HLA agree that (1) Client waives any claim, cause of action or right against HLA and its employees, officers, directors, agents, insurers, partners, and consultants for special, incidental, indirect, or consequential damages arising out of, resulting from, or in any way related to the project or services provided by HLA, and (2) agree that HLA's total liability to Client for any claim, cause of action or right (including, but not limited to, negligence, errors, omissions, strict liability, breach of contract, or breach of warranty) shall not exceed the total compensation received by HLA under this Agreement. Insurance HLA maintains insurance as described below. A certificate of insurance will be provided to Client upon request in writing. Comprehensive general liability insurance, including personal injury liability, blanket contractual liability, and broad -form property damage liability coverage. Automobile bodily injury and property damage liability insurance covering owned, non - owned, rented, and hired cars. Statutory worker's compensation and employer's liability insurance as required by State law. Professional liability insurance. Use of Documents All reports, field data, field notes, calculations, opinions of probable construction costs, design documents, specifications, and other documents prepared by HLA under this Agreement are instruments of service and HLA shall retain an ownership and property interest (including the copyright and the right of reuse) in such documents whether or not the project is completed. Files in electronic format that are furnished by HLA to Client, or to others as directed by Client, are only for convenience of Client. Any conclusion or information obtained or derived from such electronic files will be at the user's risk. When transferring documents in electronic media format, HLA makes no representations as to long -term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware. Copies of documents that may be relied upon by Client are limited to those printed copies (also known as hard copies) that are sealed and signed by HLA. If there is a discrepancy between the electronic files and printed copies, the printed copies with seal and signature govern. Design without Construction Phase Services Should Client provide Construction Phase services with either Client's representatives or a third party, HLA's services under this Agreement will be considered completed upon completion of the Final Design Phase or Bidding Phase as outlined in Exhibit A Scope of Services. It is understood and agreed that if HLA's services under this Agreement do not include construction staking, project observation, or review of the Contractor's performance, or any other Construction Phase services, and that such services will be provided by Client, the Client assumes all responsibility for interpretation of the contract documents and for construction observation or review and waives any claims against HLA that may be in any way connected thereto. Client's Responsibilities Client will provide HLA with all criteria and full information as to Client's requirements for the project including design objectives and constraints, space, capacity, performance requirements, budgetary limitations; copies of all design and construction standards which Client will require to be included in subsequent contract documents prepared by HLA; and any other information pertinent to the project including property descriptions, title reports, covenants, zoning, land use restrictions, boundary, easement, rights of way, and other special surveys or data. Client shall further advise HLA of any known or suspected site conditions, title defects or limitations, or other facts or conditions material to services provided by HLA and otherwise discoverable by Client in the exercise of due diligence. Clients shall provide for safe access to and make all provisions for HLA to enter upon public and private property as required to perform services under this Agreement. Examine all alternate solutions, studies, reports, sketches, drawings, plans, specifications, and other documents presented by HLA and render in writing timely decisions pertaining thereto. Furnish approvals and permits from all governmental authorities and entities having jurisdiction over the project and such approvals and consents from others as may be necessary for completion of the project. HLA may use and rely upon all information furnished by Client. Termination By Engineer: Upon seven days written notice if (1) HLA believes that HLA is being requested by Client to furnish or perform services contrary to HLA's responsibilities as a licensed professional; or (2) if HLA's services for the project are delayed or suspended for more than 90 days for reasons beyond HLA's control. HLA shall have no liability to Client on account of such termination. Initial: CLIENT: HLA: G: \PROPOSALS\2016\2016 -03 -31 Yakima Survey .docx Page 3 of 3 For Convenience: Client may terminate this Agreement for its own convenience as follows: Client shall give written notice that it has chosen to terminate for convenience, which notice shall direct that HLA cease its performance as of a date specified in the notice. In the event of a termination for convenience, the client shall pay HLA, within ten days of receipt of an invoice therefor, for all proper charges up to the date of termination and any and all reasonable expenses or costs incurred as a result of the termination and any close -out costs. Close -out Costs: In the event the Agreement is terminated for the Client's convenience or due to no fault on the part of the Client, HLA reserves the right to complete such analysis and records as may be necessary to place its files in order and, where considered professionally advisable, to complete a report on work performed to date. A termination charge to defray the cost thereof, in an amount not to exceed ten (10) percent of all charges incurred up to the date of the termination of the services, may be made at the discretion of HLA. Dispute Resolution Mandatory Mediation: In the event of a dispute arising out of or related to this Agreement, or the breach or alleged breach thereof, which dispute cannot be resolved through negotiations between the parties, the parties agree that the dispute shall be submitted to non - binding mediation. Either party may make the initial submission. Each party shall pay its own costs (including, if applicable, its attorney and expert witness costs) and one -half of the charge levied by the mediation service and /or mediator. Litigation: If any dispute is not resolved through non - binding mediation, venue for litigation arising under or related to this Agreement, or the breach or alleged breach hereof, shall be in Yakima County, Washington, Superior Court. Arbitration: Nothing stated herein shall preclude the parties from later agreeing, by way of a document signed by both parties, to submit any such dispute to arbitration. Governing Law and Venue: The Agreement shall be governed by the internal laws of the State of Washington. All matters of dispute resolution shall have venue in Yakima County, Washington. In the event that HLA retains an attorney or other agent for purposes of enforcing the terms of this Agreement (including payment of bills and expenses), Client agrees to pay all such reasonable attorney's fees and costs associated therewith including, but not limited to, filing fees, expert and witness fees, deposition and discovery costs, and all other costs and expenses reasonably incurred in the enforcement and /or prosecution of rights under this Agreement. Hazardous Environmental Conditions The parties acknowledge that HLA's scope of services does not include any services related to a Hazardous Environment Condition (the presence of asbestos, PCBs, petroleum, hazardous substances or waste, and radioactive materials). If HLA or any other party encounters a Hazardous Environmental Condition, HLA may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the project affected thereby until Client: (1) retains appropriate specialist consultants or contractor to identify and, as appropriate, abate, remediate, or remove the Hazardous Environment Condition; and (2) warrants that the site is in full compliance with applicable laws and regulations. Entire Agreement The Agreement, including these General Conditions, represents the entire and integrated Agreement between the parties with respect to its subject matter and supersedes all prior and contemporaneous negotiations, representations and agreements, whether written or oral. Except as may be specifically provided herein, the Agreement shall not be modified or amended except by way of a written document signed by both HLA and the Client. Severability Any provision or part of this Agreement held to be void or unenforceable under any laws or regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Client and HLA, vfho agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. Initial: CLIENT: HLA: /`1 G: \PROPOSALS\2016\2016 -03 -31 Yakima Survey .docx