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Home My WebLink AboutR-2004-133 HDR Engineering, Inc. AgreementA RESOLUTION RESOLUTION NO. R-2004- 133 authorizing the City Manager of the City of Yakima to execute an agreement with HDR Engineering, Inc., to perform bridge inspections at Nob Hill Boulevard Overpass (BNSF) and Yakima Valley Transit Bridge over the Naches River. WHEREAS, the City requires the inspection and a report of the structural condition of load critical structures located at Nob Hill Boulevard over the BNSF tracks and the Yakima Valley Transit Bridge over the Naches River; and WHEREAS, HDR Engineering, Inc., represents that they have 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 Consultant Agreement; and WHEREAS, the City Council deems it to be in the best interest of the City to authorize execution of the attached Agreement, 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 Agreement with HDR, to inspect and generate a structural report on these bridges, subject to review and approval of the Agreement by the City Attorney. ADOPTED BY THE CITY COUNCIL this 17th day of August, 2004. ATTEST: City Clerk (� l Paul P. George, Mayor PROFESSIONAL ENGINEERING SERVICES AGREEMENT THIS AGREEMENT is made and entered into by and between the City of Yakima, a Washington municipal corporation (hereafter the "City"), and HDR Engineering, Inc., a consulting firm (hereafter "Engineer"). WHEREAS, the City of Yakima desires to engage Engineer to perform professional engineering services for the City of Yakima Bridge Inspections (hereinafter the "Project"). WHEREAS, Engineer 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 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 Engineer as follows: 1. Scope of Services. a. The Engineer shall perform, to the best of his ability, services for the City relating to the customary duties for the Project. The Engineer understands that such duties are diverse and are not fully set forth in this Agreement, but include such work as: i. Perform a detailed routine condition inspection for the Yakima Valley Bridge over the Naches River using and FHWA Certified Bridge Inspector and a Structural Engineer. ii. Perform a detailed visual inspection of all fracture critical elements. If visual inspection reveals any cracked, delaminated, distressed or suspicious looking areas on fracture critical pins, tension eye -bars, floor beams, or stringers the Engineer will recommend further ultrasonic testing of these areas. iii. Provide written inspection reports including coded WSBIS Inventory forms, and photo logs. iv. Duties as outlined in attached Scope of Services for Nob Hill Railroad Overpass and Yakima Valley Transit Bridge over Naches River. v. Additional testing as directed by the City Engineer or City Manager. b. The City shall: i. Provide the Engineer with all requested information necessary for the Engineer to carry out his services under this Agreement. Page 1 of 5 (Ik)agr/engineering/ Jansen 2/pm 2. Term. The term of this Agreement shall commence upon execution hereof and shall terminate July 31, 2005; unless terminated sooner by either party in accordance with Section 13; provided, however, that the City Manager shall have the option, at his discretion, to extend this Agreement for an additional six (6) month period under the same terms and conditions contained herein. 3. Consideration. The City shall pay the Engineer for services rendered hereunder at the lump sum of $14,584.63, as outlined in the attached Task Cost Summary shown for both structures. The Engineer shall submit to the City monthly invoices itemizing all hours worked by date. Upon receipt of said monthly invoice, the City shall make payment to the Engineer within thirty (30) calendar days. The Engineer shall maintain adequate time records/logs to substantiate all amounts itemized on the monthly invoices. Unless the term of this Agreement is extended pursuant to Section 2, the total amount of compensation paid to the Engineer by the City under this Agreement shall not exceed the lump sum amount. 4. Status of Engineer. Engineer and the City understand and expressly agree that Engineer is an independent contractor in the performance of each and every part of this Agreement. Engineer and his employees, 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. 5. Taxes and Assessments. Engineer shall be solely responsible for compensating his 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, Engineer shall pay the same before it becomes due. 6. Nondiscrimination Provision. During the performance of this Agreement, Engineer 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, and selection for training. 7. Compliance With Law. Engineer 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. 8. No Insurance. It is understood the City does not maintain liability insurance for Engineer and/or its employees. 9. Indemnification. a. Engineer 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, Page 2 of 5 (Ik)agr/engineering/ fansen 2/pm liability, damages, judgments, costs and expenses (including reasonable attorney's fees) which result from or arise out of the sole negligence of Engineer in connection with or incidental to the performance or non-performance of this Agreement. b. The City agrees to hold harmless, indemnify, and defend Engineer 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 sole negligence of the City, its elected officials, officers, employees, and agents in connection with or incidental to the performance or non-performance of this Agreement. c. In the event that both Engineer 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). 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. 10. Delegation of Professional Services. The services provided for herein shall be performed by Engineer, and no person other than regular associates or employees of Engineer shall be engaged upon such work or services except upon written approval of the City. 11. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by Engineer 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 Engineer stated herein. 12. 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 instances, shall not be construed as a waiver or relinquishment of any such agreement, covenant, condition or right. 13. Termination. This Agreement may be terminated by either party at any time after first having given ten (10) days written notice to the other party in the event of the other party's substantial failure to perform in accordance with the terms and conditions of this Agreement. Additionally, the City may terminate this Agreement without cause by providing the Engineer with thirty (30) days written notice of termination. 14. Confidentiality. The Engineer agrees to maintain total confidentiality as regards to information discerned from access to City records. Such information shall be held in strict confidence in accordance with the standards of Conduct of the Engineering Profession. 15. 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. Page 3 of 5 (tk)agr/engineering/ Jansen 2/pm 16. Integration. This written document constitutes the entire agreement between the City and Engineer. 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. 17. 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 ENGINEER: City Manager City Hall 129 North 2nd Street Yakima, WA 98901 Roy Cross, PE - Vice President HDR Engineering, Inc. 2805 St. Andrews Loop, Suite A Pasco, WA 98301 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. 18. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 19. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. Page 4 of 5 (Ik)agr/engineering/ Jansen 2/pm CITY OF YAKIMA Bridge Inspection Projects By: By: 1 R. A. Zais, Jr., City Manager HDR Engineering, Inc., DATE: -/f DATE: 431/ City Contract No. Resolution No. /aDD4/—/33 Page 5 of 5 (Ik).gr/engineering/ Jansen 2/pm Yakima Valley Transit Bridge Over Naches River Scope of Services July 14, 2004 HDR will perform a detailed routine condition inspection for the Yakima Valley Bridge over the Naches River using an FHWA certified bridge inspector and a structural engineer. Common railroad practice for railroad truss bridges is to perform a detailed inspection that does not include ultrasonic testing of fracture critical elements including pins. Ultrasonic testing is performed only in the event that visual inspection discovers a need for further testing. This is different from highway bridge inspection where ultrasonic testing of the pins is required for a fracture critical inspection. It appears that this bridge was converted from railroad use to light rail transit. If this is the case, the design loading has decreased somewhat from the original design. HDR assumes that a detailed load rating analysis of this bridge is not required. If a detailed load rating analysis is required, this will need to be negotiated separately. The inspection will include a detailed visual inspection of all fracture critical elements. Access to upper members will be by ladders or other means. If the visual inspection reveals any cracked, delaminated, distressed or suspicious looking areas on fracture critical pins, tension eye -bars, floor beams, or stringers we will recommend further ultrasonic testing of these areas. HDR will provide a written inspection report including a coded WSBIS Inventory form, and photo log. The City must provide a track closure time and have the overhead trolley wires de - electrified during the time of inspection. The total lump sum cost for our inspection is $6,842. See the attached cost breakdown for details. If ultrasonic testing of one or more pins is required, we recommend ultrasonic testing of all the pins. This would require a certified ultrasonic testing technician with special equipment and the use of a rubber -tired four-wheel-drive snorkel inspection vehicle with a 40 -foot boom and bucket. The vehicle would have a center to center wheel gage of 7.5 feet and would straddle the rails. The cost for these along with an HDR observer would be approximately $12,500 in addition to the $6,842 estimate above, for a total of $18,982. HDR Engineering, Inc. Pasco, WA and Missoula, MT City of Yakima - Nob Hill Railroad Overpass #2 Scope of Services July 12, 2004 HDR will perform a routine condition inspection for the City Yakima — Nob Hill Railroad Overpass over the UP and the BNSF railroad tracks. HDR will perform the inspection using an FHWA certified Bridge Inspector and a Structural Engineer. HDR will provide a written inspection report including coded WSBIS Inventory form, and photo log. The inspection will include a visual inspection of all elements and members. Close attention will be given to problem areas described in previous inspection reports. HDR will provide a short report with general recommendations as to the extent of repairs required. The total lump sum cost is $7,743. See the attached cost breakdown for details. The City must provide previous inspection reports. HDR Engineering, Inc. Pasco, WA and Missoula, MT Yakima Valley Transport Over Naches River Fracture Critical Inspection July 14, 2004 Prepared By: Brad Miller HDR Engineering Inc. Sheet 1 of 3 TASK COST SUMMARY HDR DIRECT AND INDIRECT LABOR COSTS : Man-hour Resources 1. Sr. Engineer - P.E. - QA/QC 2. Sr. Engineer - P.E./Project Manager 3. Jr. Br. Engineer Inspector 4. Technician 5. Admin/Accounting Man-hours 2 Hrs. @ 34 Hrs. @ 30 Hrs. @ 0 Hrs. @ 0 Hrs. @ Base Rate With Fringes and Overhead (+ 165%)* Labor Cost $41.50 $109.98 $37.50 $22.00 $16.50 $17.00 $99.38 $58.30 $43.73 $45.05 $219.95 = $3,378.75 = $1,749.00 = $0.00 = $0.00 66 Hrs. DIRECT AND INDIRECT LABOR COSTS SUBTOTAL = $5,347.70 * Fringe Benefits - Vacation and Sick Leave, Retirement, Social Security, Fixed Payroll Charges, General and Adminsitrative Overhead DIRECT NON -LABOR COSTS : 165% Reproduction Computer Subconsultants (UT Testing) Travel Phone/Mail = $62.00 = $270.60 = $0.00 = $470.00 = $50.00 DIRECT NON- LABOR COSTS SUBTOTAL = $852.60 ESTIMATED COSTS = $6,200.30 PROFIT ( Typically, 12% of Labor ) = $641.72 HDR FEE = $6,842.02 H Engineering, Inc. Nob Hill RR Overpass #2 Over UP and BNSF RR's Routine Condition Inspection and Repair Recommendations July 12, 2004 Prepared By: Brad Miller HDR Engineering Inc. Sheet 1 of 3 TASK COST SUMMARY HDR DIRECT AND INDIRECT LABOR COSTS : With Fringes Base Rate and Overhead Man-hour Resources Man-hours (+ 165%)* Labor Cost 1. Sr. Engineer - P.E. - QA/QC 2. Sr. Engineer - P.E./Project Manager 3. Jr. Br. Engineer Inspector 4. Technician 5. Admin/Accounting 2 Hrs. @ 40 Hrs. @ 33 Hrs. @ 0 Hrs. @ 0 Hrs. @ $41.50 $37.50 $22.00 $16.50 $17.00 $109.98 = $219.95 $99.38 = $3,975.00 $58.30 = $1,923.90 $43.73 = $0.00 $45.05 = $0.00 75 Hrs. DIRECT AND INDIRECT LABOR COSTS SUBTOTAL = $6,118.85 * Fringe Benefits - Vacation and Sick Leave, Retirement, Social Security, Fixed Payroll Charges, General and Adminsitrative Overhead 165% DIRECT NON -LABOR COSTS : Reproduction Computer Travel Telephone/Mail = $62.00 = $307.50 = $470.00 = $50.00 DIRECT NON- LABOR COSTS SUBTOTAL = $889.50 ESTIMATED COSTS = $7,008.35 PROFIT ( Typically, 12% of Labor ) = $734.26 HDR FEE = $7,742.61 H Engineering, Inc. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. * ) For Meeting of August 17, 2004 ITEM TITLE: Approve Consultant Contract for Bridge Inspections at Nob Hill and Yakima Transit over the Naches River with HDR Engineering, Inc. (HDR). SUBMITTED BY: Department. of Community and Economic Development - Engineering Division William R. Cook, CED Department Director, 575-6227 tOb CONTACT PERSON/TELEPHONE: K. Wendell Adams, City Engineer, 575-6111 SUMMARY EXPLANATION: The City is required to inspect our load critical bridges every 2 to 5 years, depending on the previous condition inspection. Both these bridges are in need of this inspection. HDR is a professional engineering consultant that has bridge inspection staff available to do this work. The cost for this work is $14,584.63, which includes all costs associated with the work. The time to complete this work will be approximately ninety 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 subject to the City Attorney's review. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2004-133