HomeMy WebLinkAboutR-2007-124 HDR Engineering, Inc. Agreement (re: Nob Hill Overcrossing Bridge / train overpass)RESOLUTION NO. R — 2007-124
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 $13,500 to perform a bridge inspection and prepare a
report of the repairs needed for the Nob Hill Overcrossing Bridge with
a detailed construction cost estimate.
WHEREAS, the City of Yakima desires to have a bridge inspection performed on
the Nob Hill Overcrossing Bridge; and,
WHEREAS, the bridge inspection and report must be performed by a professional
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 $13,500 for
professionals to inspect the Nob Hill Overcrossing Bridge, and make recommendations of
the required repairs and estimated costs to perform the repairs, a copy of which
agreement is attached hereto and by reference made a part hereof.
ADOPTED BY THE CITY COUNCIL this 4th day of September, 2007
David Edler, ayor
R ZX7— 124'
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 perform professional
engineering services for the inspection of the Nob Hill Overcrossing Bridge.
WHEREAS, the Engineer has the experience and professional knowledge 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 perform an inspection of the Nob Hill Overcrossing
Bridge and prepare a report detailing the necessary repairs, with an associated opinion of probable
cost to perforin the repairs. 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 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 $13,500. 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, and agrees that its status as an independent
contractor in the perfoinrance 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 compliance with any 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
negligent act, error or omission 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 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 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 constnied as a waiver or
relinquishment of any such agreement, covenant, condition or right.
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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
City Hall
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.
27, Opinions of Probable Cost. Any opinions of probable project cost or probable construction cost
provided by Consultant are made on the basis of information available to Consultant and on the basis of
Consultant's experience and qualifications, and represents its judgment as an experienced and qualified
professional engineer. However, since Consultant has no control over the cost of labor, materials,
equipment or services furnished by others, or over the contractor(s) methods of determining prices, or over
competitive bidding or market conditions, Consultant does not guarantee that proposals, bids or actual
project or construction cost will not vary from opinions of probable cost Consultant prepares.
CITY OF YAKIMA HDR ENGINEERING, INC.
a Washington Corporation
By: ��� A
R. A. Zais, JIY, City Manager
Date:
- S 07
ATTEST:
By:
Date:
City Contract No. /�
City Resolution No. /(-o7DD%/a
Roy Cross, PE, Vice President
APPENDIX A
Scope of Services
HDR will perform a routine condition inspection for the City Yakima — Nob Hill Railroad
Overpass over the UP and the BNSF railroad tracks.
The condition inspection will be performed by 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 and an opinion of probable costs
to rehabilitate the structure.
The total amount invoiced will not exceed $13,500.00 without approval of the City of Yakima.
The City agrees to provide copies of previous inspection reports done on the bridge.
APPENDIX B
BILLING RATES FOR 2007
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Principal Engineer
$175
Senior Professional Engineer
$120
Bridge Inspector
$80
CAD Technician
$70
Administrative
$55
FIDR will invoice for necessary expenses including travel costs, mileage, computer cost, copying costs, and
telephone charges.
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 12_
For Meeting of September 4, 2007
ITEM TITLE: 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 $13,500 to perform a bridge
inspection and prepare a report of the repairs needed for the Nob Hill
BI . Overcrossing Bridge with a detailed construction cost estimate.
SUBMITTED BY:
m Cook, Director of Community & Economic Development
CONTACT PERSON/TELEPHONE: Brett H. Sheffield, P.E., Chief Engineer 576-6797
SUMMARY EXPLANATION:
Following a bridge inspection performed in the fall of 2004 by WSDOT, the City hired HDR to
more closely evaluate and detail the status of the Nob Hill Blvd. Overcrossing Bridge. Their report
at that time stated that the bridge was in pretty good shape, but that the City should consider some
maintenance repairs in the future. In light of the recent bridge failure in Minneapolis, City Staff feel
that the bridge should be inspected again, followed by a contract to perform any necessary repairs.
The attached resolution authorizes the City Manager to execute the attached Professional Services
Agreement with HDR Engineering, Inc. to perform the bridge inspection and prepare a report
detailing the required repairs and the estimated costs. The attached draft agreement identifies the
tasks and estimated costs for performing these calculations and related services, not to exceed
$13,500.
Resolution XX Ordinance Contract XX Other (Specify)
Funding Source: Arterial Streets Capital Improvement Fund 142
APPROVED FOR SUBMITTAL:
,411
14City Manager
STAFF RECOMMENDATION:
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
Adopt the resolution