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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 Page 1 of 7 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 Page 2 of 7 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, Page 3 of 7 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. Page 4 of 7 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 Page 5 of 7 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. Page 6 of 7 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 ��AaErso 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 G:\Janis\Pro3-J K\prjk3-78.wpd 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: