HomeMy WebLinkAboutR-2004-174 MBG Surveying AgreementRESOLUTION NO. R-2004-174
A RESOLUTION authorizing the City Manager of the City of Yakima to execute an
agreement with MBG Surveying to collect topographic data in
preparation for the design and reconstruction of a section of Nob
Hill Boulevard from 68th Avenue to 80th Avenue.
WHEREAS, the City requires the collection of existing topographic data in
preparation for the design and reconstruction of a section of Nob Hill Boulevard from
68th Avenue to 80th Avenue; and
WHEREAS, MBG Surveying represents that it has the expertise necessary to
perform the services required by the City and is willing to do so in accordance with the
terms and conditions of the attached Professional Surveying Services Agreement; and
WHEREAS, the City Council deems it to be in the best interest of the City to
authorize execution of the attached Professional Surveying Services Agreement with
MBG Surveying, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager of the City of Yakima is hereby authorized and directed to
execute the attached Professional Surveying Services Agreement with MBG Surveying
to collect topographic data in preparation for the design and reconstruction of a section
of Nob Hill Boulevard from 68th Avenue to 80th Avenue.
ADOPTED BY THE CITY COUNCIL this 16th day of November, 2004.
ATTEST:
Paul P. George, Mayor
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 MBG 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 Nob Hill Widening and Reconstruction Project 68th to
80th Avenue (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 improve the said Nob Hill
Boulevard. 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, 2004, 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 Seven Thousand Eight
Hundred Dollars ($7,800.00). 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.
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Surveyor Agreement—Nob Hill Blvd.
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.
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Surveyor Agreement—Nob Hill Blvd.
9. The Americans with Disabilities Acid. 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 alt 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.
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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 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 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 shalt 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-Vll 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.
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Surveyor Agreement—Nob Hill Blvd.
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: Wendell Adams, P.E.
City Engineer
City Hall
129 North Second Street
Yakima, WA 98901
TO SURVEYOR: Murray Groenig, P.L.S.
MBG Surveying
1051 North Pioneer Way
Yakima, WA 98908
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
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Surveyor Agreement—Nob Hill Blvd.
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 MBG SURVEYING
By: B
R. A. Zais, Jr., City Manager
Date: "l g - b `f
ATTEST:
.�
City Clerk
City Contract No.
City Resolution No.
W00 -$4./,g 7
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Surveyor Agreement—Nob Hill Blvd.
Date: //- /9- ay
EXHIBIT "A"
Scope of Services.
Task 1 Locate all structures, above ground improvements, and unusual areas within
the 150 feet of the existing street center line on both sides as possible. This
shall include all existing manhole 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 all calculation sheets pertaining to and showing
monumentation used and existing street rights of way for all areas.
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 based upon monumentation
datum provided by the City.
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 "A"
Surveyor Agreement—Nob Hill Blvd.
EXHIBIT "B"
Compensation Rates:
Description Rate
1 Person Field Crew $60.00 / hour
2 Person Field Crew $80.00 / hour
3 Person Field Crew $110.00 / hour
Professional Land Surveyor $65.00 / hour
Computer -Aided Designer $50.00 / hour
Office Administrator $45.00 / hour
Exhibit "B"
Surveyor Agreement—Nob Hill Blvd.
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
4 9 A
For Meeting of November 16, 2004
ITEM TITLE: Nob Hill Widening and Reconstruction Project 68th to 80th Avenue
Consultant Agreement for surveying services
SUBMITTED BY: Department of Community and Economic Development
William Cook, Director
CONTACT PERSON/TELEPHONE: K. Wendell Adams, P.E., City Engineer
575-6111
SUMMARY EXPLANATION:
MBG Surveying has been selected to perform topographic surveying for the Nob Hill Widening
and Reconstruction Project 68th to 80th Avenue. Estimated cost for this work is $7,800.00.
The project includes collection of existing field data, research and calculations for property and
nght-of-way limits, and supplying that infoi illation in a format that can be used by City
Engineering personnel to complete the design and construct the project.
Resolution XX Ordinance Contract XX Other (Specify)
Funding Source: Arterial Street Fund 142 & Transportation Improvement Board (TIB) Funds
APPROVED FOR SUBMITTAL:
�`,
City Manager
STAFF RECOMMENDATION: Adopt the attached resolution authorizing the City
Manager and City Clerk to sign the consultant
agreement for MBG Surveying to provide the
necessary topographic data for the design and
construction of the Nob Hill Widening and
Reconstruction Project 68th to 80th Avenue.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2004-174