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HomeMy WebLinkAboutR-2008-066 Nob Hill Bridge OverpassRESOLUTION NO. R-2008-66 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 $124,000 to develop the Plans, Specifications and Estimate for the repairs needed on the Nob Hill Boulevard Overpass. WHEREAS, the City of Yakima desires to have plans, specifications and an estimate (PS&E) package developed to repair the Nob Hill Overpass; and, WHEREAS, the PS&E package should be developed by professionals with expertise in structures; 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 to exceed $124,000 for structural engineering professionals to create the PS&E package for the Nob Hill Overpass. repairs, , a copy of which agreement is attached hereto and by reference made a part hereof. ADOPTED BY THE CITY COUNCIL this 15th day of April, 2008 ATTEST: AAGA.Q.K.SWOI1'v�. City Clerk or �- zoo8--6%b PROFESSIONAL SERVICES AGREEMENT THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter "Agreement") is made and entered into by and between the City of Yakima, a Washington municipal corporation (hereinafter the "City"), and HDR Engineering, Inc. a Washington Corporation licensed to do business in Washington (hereinafter the "Engineer"). WHEREAS, the City of Yakima desires to engage the Engineer to develop the plans, specifications, and estimate (PS&E) for the required repairs to the Nob Hill Overpass. WHEREAS, the Engineer has the experience and expertise necessary to provide said independent engineering 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 Engineer as follows: 1. Scope of Services. The Engineer shall develop a PS&E package for the Nob Hill Overpass repairs, as detailed in the bridge inspection report of October 2007. 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, 2008, unless terminated sooner by either party in accordance with Section 18. The Engineer shall proceed in a timely and diligent manner to provide all services required hereunder. 3. Consideration. The City shall pay the Engineer 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 Engineer for all services provided under this Agreement shall not exceed $124,000. The Engineer 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 Engineer within thirty (30) calendar days; provided, however, that all payments are expressly conditioned upon the Engineer's providing services that are satisfactory to the City. The Engineer 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 Engineer 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 Engineer 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 Engineer. 5. Status of Engineer. The Engineer and the City understand and expressly agree that the Engineer is an independent contractor in the performance of each and every part of this Agreement. No officer, employee, volunteer, and/or agent of Engineer shall act on behalf of or represent him or herself as an agent or representative of the City. The Engineer, as an independent contractor, assumes the entire responsibility for carrying out and accomplishing the services required under this Agreement. The Engineer 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 Engineer 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 Engineer and the City. 6. Inspection and Audit. The Engineer 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 Engineer 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 Engineer 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 Engineer 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 Engineer shall pay the same before it becomes due. 8. Nondiscrimination Provision. During the performance of this Agreement, the 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, selection for training, and the provision of services under this Agreement. 9. The Americans with Disabilities Act. The Engineer 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 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. 11. No Conflict of Interest. Engineer 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 Engineer 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 Engineer and its officers, directors, employees and agents. 13. Indemnification. a. The Engineer agrees to hold harmless and indemnify the City, its elected officials, officers, employees, and agents from and against any and all suits, actions, claims, liability, damages, judgments, costs of defense and expenses (including reasonable attorney's fees) which result from or arise out of the negligence of the Engineer, its officers, agents, employees or subcontractors in connection with or incidental to the performance or non-performance of this Agreement. b. The City agrees to hold harmless and indemnify the Engineer, its officers, employees, and agents, from and against any and all suits, actions, claims, liability, damages, judgments, costs of defense and expenses (including reasonable attorney's fees) which result from or arise out of the negligence of the City, its officers, agents, employees or subcontractors, in connection with or incidental to the performance or non-performance of this Agreement. c. In the event that both the 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. The foregoing indemnity is specifically and expressly intended to constitute a waiver of the Engineer'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 Engineer's employees. The parties acknowledge that these provisions were specifically negotiated and agreed upon by them. e. Nothing contained in this Section or this Agreement shall be 'construed to create a liability or a right of indemnification in any third party. f. 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 Engineer. a. Professional Liability Insurance. On or before the date this Agreement is fully executed by the parties, the Engineer 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 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 contract is executed by both parties hereto, or shall provide full prior acts coverage. The insurance coverage or substantially identical coverage sufficient to fully satisfy these requirements 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 Engineer 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 as to this project only 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 Engineer 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 as to this project only 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 insurancecompany or companies rated' A -VII or higher in Best's Guide and admitted in the State of Washington. d. Insurance Provided by Subcontractors. The Engineer 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 Engineer, and no person other than regular associates or employees of the Engineer 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 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 the Engineer 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 ENGINEER: Brett H. Sheffield, P.E. Chief Engineer 129 North Second Street Yakima, WA 98901 Roy Cross, P.E. Vice President HDR Engineering, Inc. 2805 St. Andrews Loop, Suite A Pasco, WA 99301 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 Engineer 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 Engineer 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 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. 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 HDR ENGINEERING, INC., a Washington Corporation By: � v By: I < R. A. Zais, Jr.,ity Manager Roy Cross, PE, Vice President Date: 4//g/d/ ATTEST: City Clerk rte_ City Contract No. AODI lv� City Resolution No. Date: C EXHIBIT A Scope of Services The Nob Hill bridge over the UP and BNSF Railroads was constructed in 1964. It is a 12 span pre -stressed concrete I -girder bridge with a cast -in-place deck. The bridge is in need of major rehabilitation in order to ensure public safety and maintain this valuable link in the City's transportation system. The City of Yakima has chosen to rehabilitate the bridge without replacing the deck at this time. The deck may be replaced at some future time as this becomes necessary and funding becomes available. HDR's scope of work for the City of Yakima's Nob Hill Overpass includes bridge rehabilitation design, drawings, specifications and cost estimate. Project management, coordination, QA/QC, administration and invoicing is also included. A detailed scope of work follows: 1. Project Management, Coordination, Data Collection, QA/QC, and Administration - As part of the initial project effort, HDR will produce a Project Schedule of Work and a Project Guide (sometimes called a work plan). HDR will collect data including AS -Built Drawings, set up project files and maintain these as the project progresses. The project manager will co-ordinate resources during the project in order to ensure an efficient flow of work and will provide the City of Yakima with Monthly Progress Reports. HDR assumes that As -Built Drawings are available for this bridge. A 0% QA/QC Review will be performed at the beginning of the project to ensure that all of the project elements are in place including budget, scope, safety plan, schedule etc. An additional QA/QC review will be performed at approximately 95% of completion, before the Final Rehabilitation Design, Drawings and Specifications have been finalized. 2. Meetings and Correspondence — We will present our concepts for rehabilitating this bridge and maintaining traffic at a 30% Completion Meeting with the City of Yakima in Yakima to be attended by HDR's Project Manager and Senior Design Engineer. Additional communications will be through conference calls, e-mails, and correspondence. 3. Complete Bridge Rehabilitation Design / Maintenance of Traffic Plan — HDR will complete the bridge rehabilitation design including design for new bridge bearings and rehabilitated bridge seats, superstructure support plan for construction operations, small crack repair, large crack repair, erosion repair, deck joint repair and minor deck repair. HDR will also complete a plan for maintaining one -lane of traffic each way (excluding truck traffic) during construction. 4. Complete Rehabilitation Drawings - HDR. will complete rehabilitation construction drawings for the items listed in `3.' above in MicroStation using WSDOT standards and conventions. We anticipate approximately 20 drawings including: • Cover. Sheet • General Layout • List of Drawings and Cost Estimate • Staged Construction Drawing • Traffic Control Plan • Deck Joint Repairs • Deck Joint Repair Details • East and West Abutment Girder Bearing Repairs • East and West Abutment Girder Bearings Repair Details • Bent 4 Girder Bearing Repairs • Bent 5 Girder Bearing Repairs • Bent 10 Girder Bearing Repairs • Bent 11 Girder Bearing Repairs 1 • Bent 4 Girder Bearing Repairs • Bent 12 Girder Bearing Repairs • Girder Bearing Repair Details for Bents • Small Concrete Crack Repair • Large Concrete Crack Repair • Erosion Repair Details • Deck Pothole Patch Details • Miscellaneous Repairs (Deck Drain, Junction Boxes Etc.) 5. Complete Rehabilitation Specifications and Cost Estimate — HDR will complete Rehabilitation Specifications and a Cost Estimate using WSDOT format. 6. Follow -Up / Answer Questions during Bidding — HDR will be available to answer questions and provide assistance during the bidding phase of the project. • • • ITEM TITLE: SUBMITTED BY: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of April 15, 2008 A Resolution authorizing the City Manager to execute a Professional Services Agreement with HDR Engineering, Inc., a Washington Corporation, in an amount not to exceed $124,000 to develop the Plans, Specifications and Estimate (PS&E) for the repairs needed on the Nob Hill Boulevard Overpass as detailed in the bridge inspection report completed last October. m Cook, Director of Community & Economic Development CONTACT PERSON/TELEPHONE: Brett H. Sheffield, P.E., Chief Engineer 576-6797 SUMMARY EXPLANATION: A bridge inspection performed last October revealed that repairs are needed on the Nob Hill Overpass. Substructure repairs that are required include: repairing concrete wall and column caps; removing and replacing delaminated concrete; replacing expansion and pinned bearings; filling cracks with epoxy; cleaning and repairing deck drains; and, removing and replacing deck expansion joints. The bridge inspection report included two options to repair the overpass. Option A would repair the substructure as detailed above with an estimated cost of $950,000. Option B would repair the substructure as detailed above and replace the full deck at an estimated cost of $4,600,000. The recommendation made by the bridge inspection report is for the City to proceed with the repairs identified in Option A with a full deck replacement recommended in the future. The 2008 Capital Improvements Budget includes $1,000,000 for repairs to the Nob Hill Overpass ($500,000 from REET 2, $500,000 from a grant yet to be secured). If the City is unsuccessful in securing a grant, the remaining $500,000 would come from the cash reserves of REET 2. The attached resolution authorizes the City Manager to execute the attached Professional Services Agreement with HDR Engineering, Inc. to develop the PS&E for the Nob Hill Overpass. The attached draft agreement identifies the tasks and estimated costs for performing these calculations and related services, not to exceed $124,000. Resolution XX Ordinance Contract XX Other (Specify) Funding Source: Arterial Streets Capital Improvement Fund 142 (REET 2) APPROVED FOR SUBMITTAL: ity Manager STAFF RECOMMENDATION: Adopt the resolution BOARD/COMMISSION/COMMITTEE RECOMMENDATION: COUNCIL ACTION: