HomeMy WebLinkAboutR-2003-102 Huibregtse Louman & Associates Agreement ( related to Washington Avenue reconstruction project )RESOLUTION NO. R 2003 -102
A RESOLUTION authorizing and directing the City Manager to ratify an
agreement for professional services between the City of Yakima
and Huibregtse, Louman & Associates (HLA) for professional
property survey and Deed Preparation services related to the
Washington Avenue reconstruction project.
WHEREAS, the City of Yakima desires to engage Huibregtse, Louman &
Associates (HLA), to perform survey and deed preparation work on an independent
contractor basis for the Washington Avenue Reconstruction Project (hereinafter the
"Project"); and
WHEREAS, Huibregtse, Louman & Associates (HLA) has the experience and
expertise necessary to provide said independent contractor services and is willing to
provide such services in accordance with the terms and conditions required by the
City of Yakima;
NOW THEREFORE, The City Manager is hereby authorized and directed to
execute a contract for appraisal surveying services with Huibregtse, Louman &
Associates (HLA), subject to review and approval of the contract by the City
Attorney.
ADOPTED BY THE CITY COUNCIL this 15th day of July, 2003.
ATTEST:
City Clerk
(1k)res/engineering resolution HLA Washington.doc
ry 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 Huibregtse, Louman Associates, Inc.
(hereinafter "HLA").
WHEREAS, the City requires surveying services associated with the Washington
Avenue Project.
WHEREAS, HLA represents that it has the expertise necessary and is willing to
perform the surveying services required by the City 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 HLA as follows:
1. Scope of Services. HLA shall provide the City with professional surveying
services associated with the Washington Avenue Project. Specifically, HLA shall
provide the following surveying services with regard to Yakima County Parcels 181333-
11001, -12001, and -23001:
• Field survey the boundaries of the existing and proposed right of
way of Washington Avenue adjacent to said parcels.
• Set property corners at the proposed right of way line, prepare
legal descriptions of the proposed right of way, and prepare and
file a record of survey map of the proposed right of way.
2. Time Period for Performance of Services. The term of this Agreement shall
commence upon execution hereof and shall terminate at the time of completion of all
services/ tasks required hereunder unless the Agreement is earlier terminated by either
party under Section 20 of this Agreement. HLA shall proceed with such services in a
timely and diligent manner following receipt of a written authorization to proceed from
the City. HLA shall not be responsible for delays in performance caused by factors
beyond HLA's control or which could not have been reasonably foreseen by the parties
at the time this Agreement was executed.
3. Compensation.
a. Fees for Services. The surveying services described in Section 1 of this
Agreement shall be performed and provided for a fixed fee of Three Thousand Nine
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Hundred and Eighty Five Dollars ($3,985.00). The hourly rates for additional surveying
services requested by the City Engineer for the Washington Avenue Project shall be in
accordance with the schedule of rates attached hereto as Exhibit "A," and incorporated
herein by this reference.
b. Payment of Compensation. Upon completion of the surveying services,
HLA shall submit an invoice to the City. Said invoice shall itemize and describe all
surveying services. The City shall make payment to HLA within thirty (30) calendar
days of receipt of the invoice. All payments are expressly conditioned upon HLA
providing services hereunder that are satisfactory to the City.
c. Payment in the Event of Termination. In the event that either party
terminates this Agreement under Section 22, HLA shall be compensated on a pro -rata
basis in accordance with the above terms for all satisfactory services provided to the
City up to the effective termination date.
d. Maintenance of Financial Records/Documents. HLA shall make the
expense 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 HLA
by the City. In the event that any audit or inspection identifies any discrepancy in such
financial records, HLA shall provide the City with appropriate clarification and/or
financial adjustments within thirty (30) calendar days of notification of the discrepancy.
4. Standard of Performance. HLA shall perform all work and services required
under this Agreement in accordance with generally accepted engineering and
surveying standards, and shall be responsible for the technical soundness and accuracy
of all work and services furnished pursuant to this Agreement.
5. Ownership of Documents. All reports, surveys, designs, drawings, and
specifications prepared by HLA pursuant to this Agreement shall be the property of the
City upon payment being made by the City to HLA in accordance with Sections 3 of
this Agreement. HLA shall provide the City with originals and/or reproducible copies
of such documents when requested by City representatives. HLA does not intend or
represent that such documents are suitable for reuse by the City or others on extensions
of this project or with regard to any other project. Any such reuse without the written
permission of HLA shall be at the City's risk.
6. Information to be provided by the City. The City shall provide HLA with
access to all information at its disposal that HLA requests and that is pertinent to the
site of project area, including but not limited to previous reports, drawings, plats,
surveys, utility records, and other similar data. Absent specific written direction to the
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contrary, HLA shall be entitled to rely upon the completion and accuracy of such
documentation.
7. Status of HLA. HLA and the City understand and expressly agree that HLA is
an independent contractor in the performance of each and every part of this Agreement.
HLA shall have the sole judgment of the means, mode or manner of the actual
performance of work/services required under this Agreement. HLA, as an
independent contractor, assumes the entire responsibility for carrying out and
accomplishing the work/services required under this Agreement. Additionally, and as
an independent contractor, HLA 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. Nothing contained herein shall be interpreted as
creating a relationship of servant, employee, partnership or agency between HLA and
the City.
8. Taxes and Assessments. HLA shall be solely responsible for compensating its
employees 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, HLA shall
pay the same before it becomes due.
9. Nondiscrimination Provision. During the performance of this Agreement, HLA
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.
10. Compliance With Law. HLA agrees to perform all work/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 Insurance. It is understood the City does not maintain liability insurance for
HLA, its officers, employees, agents and/or subcontractors.
12. Indemnification and Hold Harmless.
a. HLA agrees to protect, defend, indemnify, and hold harmless the City, its
elected officials, officers, employees and agents from any and all claims, demands,
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losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all
judgments, awards, costs and expenses (including reasonable attorney fees and
disbursements) caused by or occurring by reason of any negligent act and/ or omission
of HLA, its officers, employees, agents, and/ or subcontractors, arising out of or in
connection with the performance of this Agreement.
b. In the event that both HLA and the City are negligent, HLA's liability for
indemnification of the City shall be limited to the contributory negligence for any
resulting suits, actions, claims, liability, damages, judgments, costs and expenses
(including reasonable attorney fees) that can be apportioned to HLA, its officers,
employees, agents, and/ or subcontractors.
c. Nothing contained in this Section or this Agreement shall be construed to
create a liability or a right of indemnification in any third party.
d. This Section of the Agreement shall survive the term or expiration of this
Agreement and shall be binding on the parties to this Agreement.
13. Insurance provided by HLA.
a. Commercial Liability Insurance. On or before date the this Agreement is
fully executed by the parties, HLA 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) combined single 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 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. 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.
b. Professional Liability Insurance. On or before the date this Agreement is
fully executed by the parties, HLA shall provide the City with a certificate of insurance
as evidence of Professional Errors and Omissions Liability Insurance with coverage of
at least One Million Dollars ($1,000,000.00) per occurrence and an annual aggregate
limit of at least One Million Dollars ($1,000,000.00). 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 Agreement
is executed, or shall provide full prior acts. 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.
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c. Insurance provided by Subcontractors. HLA shall ensure that all
subcontractors it utilizes for work/services required under this Agreement shall
comply with all of the above insurance requirements.
14. Delegation of Professional Services. The services provided for herein shall be
performed by HLA, and no person other than regular associates or employees of HLA
shall be engaged upon such work or services except upon written approval of the City.
15. Assignment. This Agreement, or any interest herein, or claim hereunder, shall
not be assigned or transferred in whole or in part by HLA 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 HLA stated herein.
16. No Conflict of Interest. HLA represents that it or its employees do not 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. HLA further
covenants that it will not hire anyone or any entity having such a conflict of interest
during the performance of this Agreement.
17. Severability.
a. If a court of competent jurisdiction holds any part, term or provision of
this Agreement to be illegal, or invalid in whole or in part, the validity of the remaining
provisions shall not be affected, and the parties' rights and obligations shall be
construed and enforced as if the Agreement did not contain the particular provision
held to be invalid.
b. If any provision of this Agreement is in direct conflict with any statutory
provision of the State of Washington, that provision which may conflict shall be deemed
inoperative and null and void insofar as it may conflict, and shall be deemed modified
to conform to such statutory provision.
c. Should the City determine that the severed portions substantially alter
this Agreement so that the original intent and purpose of the Agreement no longer
exists, the City may, in its sole discretion, terminate this Agreement.
18. Waiver of Breach. A waiver by either party hereto of a breach of 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
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instances, shall not be construed as a waiver or relinquishment of any such agreement,
covenant, condition or right.
19. Drafting of Agreement. Both the City and HLA 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.
20. Termination. The City or HLA may terminate this Agreement, with or without
cause, by giving the other party ten (10) calendar days written notice of termination.
21. 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 HLA:
Kay Adams
City Engineer
Engineer Division
129 North Second Street
Yakima, WA 98901
Jeffrey T. Louman, P.E.,
Vice -President
Huibregtse, Louman Associates, Inc.
801 North 39th Avenue
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.
22. Integration. This written document constitutes the entire agreement between the
City and HLA. 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.
23. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington.
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24. 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:
R. A. Zais, Jr.,
City Manager
DATE:
7 3
ATTEST:
HUIBREGTSE, LOUMAN
ASSOCIATES, INC.
By:
r� U
effrey T. Louman, P.E.,
Vice -President
DATE: 7/21/03
City Clerk
City Contract No. 2003-71
Resolution No. R-2003-102
Page 7 of 7
SEAL
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SCHEDULE OF RATES
FOR
HUIBREGTSE, LOUMAN ASSOCIATES, INC.
(January 1, 2003, Through December 31, 2003)
Principal Engineer $119.00 per hour
Licensed Professional Engineer $98.00 per hour
Licensed Professional Land Surveyor $91.00 per hour
Project Engineer $82.00 per hour
CAD Technician $71.00 per hour
Resident Engineer/Inspector $68.00 per hour
Surveyor $68.00 per hour
Senior Engineering Technician $54.00 per hour
Engineering Technician $47.00 per hour
Word Processing Technician $47.00 per hour
Two Man Survey Party $130.00 per hour
Three Man Survey Party $170.00 per hour
Vehicle Mileage $0.32 per mile
Global Positioning Survey System Fee $72.00 per hour
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Huibregtse, Louman Associates, Inc.
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. -*/3
For Meeting of July 15, 2003
ITEM TITLE: Ratify Consultant Contract for Washington Avenue Right -of -Way
Deed Preparation and Property Survey with Huibregtse, Louman, &
Associates (HLA).
SUBMITTED BY; Department. of Community and Economic Development -
gineering Division
1 �m R. Cook, CED Department Director, 575-6227
CONTACT PERSON/TELEPHONE. K. Wendell Adams, City Engineer, 575-6111
SUMMARY EXPLANATION:
The City has initiated work to survey and prepare deeds for Congdon owned property
along Washington Avenue needed to complete improvement to the road from 48th Avenue
to 64th Avenue. HLA is a professional engineering consultant and this work is needed to
acquire the needed road right-of-way. The cost for this work is $4,000, which includes all
costs associated with the work. The time to complete this work will be approximately
thirty days.
Resolution X Ordinance Contract X Other (Specify)
Funding Source Arterial Street - Fund 142
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION:
Approve Resolution and Agreement.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: