HomeMy WebLinkAboutR-2006-170 Huibregtse, Louman Associates, Inc. AgreementRESOLUTION NO. R - 2006 - 170
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 $ 15,000.00 for surveying services on the William O.
Douglas Trail (6th Avenue & Bridge Deck Crossing), Bridge
Restoration & Trailheads, YVT Trolley Barn & Museum Restoration
Projects.
WHEREAS, the City of Yakima has received grants totaling $1.322 million
federal dollars passed through the Washingotn State Department of Washington to design
and construct improvements for three pathway and trolley related projects; and
WHEREAS, the design and construction of the public improvements requires the
collection of existing topographic data and construction surveying; 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 $ 15,000.00 for surveying
services on the William O. Douglas Trail (6th Avenue & Bridge Deck Crossing), Bridge
Restoration & Trailheads, YVT Trolley Barn & Museum Restoration Projects, a copy of
which agreement is attached hereto and by reference made a part hereof.
ADOPTED BY THE CITY COUNCIL this 21st day of November, 2006
JIL4L
,_
David Edler, 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 Huibregtse, Louman Associates, Inc., 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 William O. Douglas Trail (6th Avenue & Bridge Deck
Crossing), Bridge Restoration & Trailheads, YVT Trolley Barn & Museum Restoration Projects.
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 trails, pathways, bridges
and trailheads as described in the projects' grant awards. 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 $ 15,000.00. 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.
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 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 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
Eric Herzog, PLS
Huibregtse, Louman Associates, Inc.
801 N. 39th Avenue
Yakima, WA 90902
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
B
Date: //- 2 7- 5
ATTEST:
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City Clerk
City Contract No. -
City Resolution No.
-170
HUIBREGTSE, LOUMAN ASSOCIATES, INC.
By:, t4�
Lo ._..-
effrey T. um , PE, President
Date: t Z s-/- �o ,
EXHIBIT "A"
Scope of Services.
Project limits are as follows: Starting at the North 6th Avenue and I Street North along North
6th Avenue and its northerly extension to the north side of the Naches River the following
tasks are to be performed at this location:
Task 1
Locate all structures, above ground improvements, and unusual areas within the 50
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. Please note this
does not include any excavation work to locate utilities.
Task 2 HLA will prepare a topographic survey (base Map) of the project area showing the
above referenced field located features, right of ways, and adjacent property lines
using AutoCAD. HLA will provide the City with an electronic copy of the survey
and a reproducible hard copy. Please note the adjacent property lines will be shown
based on deeds of record. This proposal does not include ordering title reports for
the adjacent property lines.
Task 3 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 4 Provide the City with copies of recorded surveys and/or plats used in calculations.
Task 5 HLA will assist with the preparation of easement descriptions as may be necessary
for the new trail/pathway alignment on the North 6th Avenue site and at the
Cowiche Canyon and Summitview Snow Mountain Ranch sites. HLA may be
required to stake of property lines and easements as may be necessary for the
acquisition of easements or property.
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 (2006):
Description Rate:
2 Person Field Crew $145.00 / hour
3 Person Field Crew $188.00 / hour
Licensed Principal Land Surveyor $122.00 / hour
Cad Technician $79.00 / hour
Office Administrator $53.00 / hour
Compensation Rates (2007):
Description Rate:
2 Person Field Crew $150.00 / hour
3 Person Field Crew $195.00 / hour
Licensed Principal Land Surveyor $126.00 / hour
Cad Technician $82.00 / hour
Office Administrator $55.00 / hour
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. *-02,0
For Meeting of November 21, 2006
ITEM TITLE: A Resolution authorizing the City Manager to execute a Professional
Services Agreement with Huibregtse, Louman Associates, Inc. (HLA), in
an amount not to exceed $ 15,000 to perform surveying services for the
William O. Douglas Trail (6th Avenue & Bridge Deck Crossing), Bridge
Restoration & Trailheads, YVT Trolley Barn & Museum Restoration
Projects.
SUBMITTED BY: William Cook, Director of Community & Economic Development
CONTACT PERSON/TELEPHONE: Brett H. Sheffield, P.E., Acting City Engineer 576-6797
SUMMARY EXPLANATION:
Earlier this year City Council accepted transportation enhancement grants from the Washington State
Depaitiiient of Transportation for the "Heritage Trails, William O. Douglas Bridge Restoration and
Trailheads", "Yakima Valley Transportation Company (YVT) Barn and Museum Restoration" and the
"William O. Douglas Trail, 6th Avenue and Bridge Deck Crossing" Projects.
The projects total $1.322 million in state funds that are 100% reimbursable grants with zero local dollars
required for a match. Preliminary design has begun on this project but survey information is necessary to
proceed in particular for the 6th Avenue pathway project. However, the proposed contract with HLA would
cover all three projects as necessary over the course of the projects.
The attached resolution authorizes the City Manager to execute the attached Professional Surveying Services
Agreement with HLA to perform the surveying activities. The attached agreement identifies the tasks and
estimated costs for performing the surveying and related services, not to exceed $15,000.00. The surveyors'
duties will include collection of existing field data for the Engineering Division to develop plans and
specifications. The surveyor may also be used as necessary to acquire trailhead properties or easements as
needed during the course of the projects.
Resolution XX Ordinance Contract XX Other (Specify)
Funding Source: Budgeted in Fund 142 and 162
City Manager
APPROVED FOR SUBMITTAL:
STAFF RECOMMENDATION:
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2006-170
Adopt the resolution