HomeMy WebLinkAbout02/21/2012 04K Bridge Rehabilitation/Replacement Report Agreement with Sargent Engineers; 18th Street Underpass (r a FAN i� �. 1
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. A K
For Meeting of: February 21, 2012
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ITEM TITLE: Resolution authorizing an Agreement with Sargent
Engineers, Inc., in an amount not to exceed $6,021,
for engineering services required to develop a bridge
replacement /rehabilitation report for the 18th Street
Underpass
SUBMITTED BY: Joan Davenport, Acting Director of Community &
Economic Development
CONTACT Doug Mayo, PE, City Engineer - 576 -6678
PERSON/TELEPHONE:
SUMMARY EXPLANATION:
The Federal Highway Bridge Program has made its 2012 call for projects, with
applications due May 4, 2012. Selected projects will be funded at 80% of the total
project cost. The City's Engineering Division would like to submit a
replacement /rehabilitation application for the 18th Street Underpass (where Terrace
Heights Boulevard passes over 18th Street) due to its low structural sufficiency
rating. The low sufficiency rating is due to the limited vertical clearance provided for
18th Street (14' 9 ") and a low inventory rating. Although posted, the weight limit
postings on the bridge basically limit trucks to the legal load limits. In order to apply
for this funding, options detailing recommended methods for replacement or
rehabilitation, along with cost estimates need to be developed. Since the
Engineering Division does not employ a Structural Engineer, it is necessary to hire a
structural engineering consulting firm.
Sargent Engineers, Inc. was selected from the Municipal Research and Service
Center's (MRSC) roster of consulting firms.
Resolution X Ordinance Other
(specify)
Contract: X Mail to:
Expiration Date: March 31,
Contract Term: Amount: $6,021 2012
Insurance Required? Yes
Funding Fund 142 Phone:
Source:
APPROVED FOR City Manager
SUBMITTAL:
STAFF RECOMMENDATION:
Staff respectfully requests that Council adopt the resolution authorizing the
execution of the Professional Services Agreement with Sargent Engineers, Inc.
BOARD /COMMISSION RECOMMENDATION:
ATTACHMENTS:
Click to download
❑ Resolution
❑ Professional Services Agreement
RESOLUTION NO. 2012 -
A RESOLUTION authorizing a Professional Services Agreement with Sargent Engineers,
Inc., in an amount not to exceed $6,021, for engineering services required
to develop a bridge rehabilitation /replacement report for the 18 Street
Underpass.
WHEREAS, the Federal Highway Bridge Program has made its 2012 call for projects,
and the City's Engineering Division desires to submit the 18 Street Underpass as a
replacement/rehabilitation project due to its low structural sufficiency rating of 27.14 received
during the latest bridge inspection performed by Yakima County in February of 2011. The low
sufficiency rating is due to the limited vertical clearance provided for 18 Street and low
inventory rating. Although posted, the weight limit postings on this bridge basically limit trucks
to the legal load limits; and,
WHEREAS, a report detailing the recommended replacement/rehabilitation methods is
needed to determine the approximate cost to replace /rehabilitate the bridge; and
WHEREAS, the services of a structural engineering consulting firm are required to
develop the bridge report; and,
WHEREAS, the City utilizes the Municipal Research and Services Center (MRSC) of
Washington 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 deems it to be in the best interests of the City to contract
with Sargent Engineers, Inc. to develop the bridge report; therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute a Professional Services Agreement
with Sargent Engineers, Inc., in an amount not to exceed $6,021, for engineering services
required to develop a bridge rehabilitation /replacement report for the 18 Street Underpass.
The form of said professional services agreement shall be reviewed and approved by the City
Attorney or his designee.
ADOPTED BY THE CITY COUNCIL this 7 day of February, 2012.
Micah D. Cawley, Mayor
ATTEST:
City Clerk
AGREEMENT
BETWEEN
CITY OF YAKIMA, WASHINGTON
AND
SARGENT ENGINEERS, INC.
FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into on this day of , 2012, by and
between the City of Yakima, Washington, with principal offices at 129 North Second Street, Yakima, WA
98901, hereinafter referred to as "CITY," and SARGENT ENGINEERS, INC., 320 Ronlee Lane NW,
Olympia, WA 98502 and which corporation and its principal engineers performing this Agreement are
licensed and registered to do business in the State of Washington, hereinafter referred to as
"ENGINEER," for the 18 STREET BRIDGE REPLACEMENT STUDY, herein called the "PROJECT."
WITNESSETH:
RECITALS
WHEREAS, CITY desires to retain the ENGINEER to provide engineering services for the 18
STREET BRIDGE REPLACEMENT STUDY, as described in this Agreement and subsequent
Amendments thereto; and
WHEREAS, ENGINEER represents that it has available and offers to provide personnel with
expertise and experience necessary to satisfactorily accomplish the work within the required time and that
it has no conflicts of interest prohibited by law from entering into this Agreement;
NOW, THEREFORE, CITY and ENGINEER agree as follows.
SECTION 1 INCORPORATION OF RECITALS
1.1 The above recitals are incorporated into these operative provisions of the Agreement.
SECTION 2 SCOPE OF SERVICES
2.0.1 ENGINEER agrees to perform those services described hereafter. Unless modified in writing by
both parties, duties of ENGINEER shall not be construed to exceed those services specifically set
forth herein.
2.0.2 ENGINEER shall use its best efforts to maintain continuity in personnel throughout the term of
this Agreement.
2.1 Basic Services. ENGINEER agrees to perform those tasks described in Exhibit A, entitled "City
of Yakima — 18 STREET BRIDGE REPLACEMENT STUDY" (WORK) which is part of this
Agreement as if fully set forth herein.
2.2 Additional Services. CITY and ENGINEER agree that not all WORK to be performed by
ENGINEER can be defined in detail at the time this Agreement is executed, and that additional
WORK related to Project and not covered in Exhibit A may be needed during performance of this
Agreement. CITY may, at any time, by written order, direct the ENGINEER to revise portions of
the PROJECT WORK previously completed in a satisfactory manner, delete portions of the
PROJECT, or request that the ENGINEER perform additional WORK beyond the scope of the
PROJECT WORK. Such changes hereinafter shall be referred to as "Additional Services."
2.2.1 If such Additional Services cause an increase or decrease in the ENGINEER'S cost of, or time
required for, performance of any services under this Agreement, a contract price and /or
completion time adjustment pursuant to this Agreement shall be made and this Agreement shall
be modified in writing accordingly.
2.2.2 Compensation for each such request for Additional Services will be negotiated by the CITY and
the ENGINEER according to the provisions set forth in Exhibit B and, if so authorized, shall be
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considered part of the PROJECT WORK. The ENGINEER shall not perform any Additional
Services until so authorized by CITY and agreed to by the ENGINEER in writing.
2 3 The ENGINEER must assert any claim for adjustment in writing within thirty (30) days from the
date of receipt by the ENGINEER of the written notification of change or of providing services
related to an asserted change, whichever is earliest.
SECTION 3 CITY'S RESPONSIBILITIES
3.1 CITY- FURNISHED DATA. The CITY will provide to the ENGINEER all technical data in the
CITY'S possession relating to the ENGINEER'S services on the PROJECT including information
on any pre- existing conditions known to the CITY that constitute hazardous waste contamination
on the PROJECT site as determined by an authorized regulatory agency.
3.2 ACCESS TO FACILITIES AND PROPERTY. The CITY will make its facilities reasonably
accessible to ENGINEER as required for ENGINEER'S performance of its services and will
provide labor and safety equipment as reasonably required by ENGINEER for such access.
3 3 TIMELY REVIEW The CITY will examine the ENGINEER'S studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney, insurance
counselor, accountant, auditor, bond and financial advisors, and other consultants as CITY
deems appropriate, and render in writing decisions required of CITY in a timely manner. Such
examinations and decisions, however, shall not relieve the ENGINEER of any contractual
obligations nor of its duty to render professional services meeting the standards of care for its
profession.
3.4 CITY shall appoint a City's Representative with respect to WORK to be performed under this
Agreement. City's Representative shall have complete authority to transmit instructions and
receive information ENGINEER shall be entitled to reasonably rely on such instructions made by
the CITY'S Representative unless otherwise directed in writing by the CITY, but ENGINEER shall
be responsible for bringing to the attention of the CITY'S Representative any instructions which
the ENGINEER believes are inadequate, incomplete, or inaccurate based upon the ENGINEER'S
knowledge.
3.5 Any documents, services, and reports provided by the CITY to the ENGINEER are available
solely as additional information to the ENGINEER and will not relieve the ENGINEER of its duties
and obligations under this Agreement or at law. The ENGINEER shall be entitled to reasonably
rely upon the accuracy and the completeness of such documents, services and reports, but shall
be responsible for exercising customary professional care in using and reviewing such
documents, services, and reports and drawing conclusions therefrom.
SECTION 4 AUTHORIZATION, PROGRESS, AND COMPLETION
4 1 In signing this Agreement, CITY grants ENGINEER specific authorization to proceed with WORK
described in Exhibit A. The time for completion is defined in Exhibit A, or as amended.
SECTION 5 COMPENSATION
5.1 COMPENSATION ON A TIME SPENT BASIS AT SPECIFIC HOURLY RATES For the services
described in Exhibit A, compensation shall be according to Exhibit B - Schedule of Specific Hourly
Rates on a time spent basis plus reimbursement for direct non - salary expenses.
5.1 1 DIRECT NON - SALARY EXPENSES' Direct Non - Salary Expenses are those costs incurred on or
directly for the PROJECT including, but not limited to, necessary transportation costs, including
current rates for ENGINEER'S vehicles; meals and lodging; laboratory tests and analyses,
printing, binding and reproduction charges; all costs associated with other outside
nonprofessional services and facilities, special CITY - requested and PROJECT - related insurance
and performance warranty costs, and other similar costs. Reimbursement for Direct Non - Salary
Expenses will be on the basis of actual charges when furnished by commercial sources and on
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the basis of current rates when furnished by ENGINEER. Estimated Direct Non - Salary Expenses
are shown in Exhibit B.
5.1.1.2 Travel costs, including transportation, lodging, subsistence, and incidental expenses incurred by
employees of the ENGINEER and each of the Subconsultants in connection with PROJECT
WORK, provided, as follows.
That a maximum of U.S. INTERNAL REVENUE SERVICE allowed cents per mile will be
paid for the operation, maintenance, and depreciation costs of company or individually
owned vehicles for that portion of time they are used for PROJECT WORK. ENGINEER,
whenever possible, will use the least expensive form of ground transportation
That reimbursement for meals inclusive of tips shall not exceed a maximum of $40 per
day per person. This rate may be adjusted on a yearly basis.
That accommodation shall be at a reasonably priced hotel /motel.
That air travel shall be by coach class, and shall be used only when absolutely
necessary.
5.1.2 Telephone charges, computer charges, in -house reproduction charges, first class postage, and
FAX charges are not included in the direct expense costs, but are considered included in the
Schedule of Specific Hourly Billing Rates.
5.1.3 Professional Subconsultants. Professional Subconsultants are those costs for engineering,
architecture, geotechnical services and similar professional services approved by the CITY.
Reimbursement for Professional Subconsultants will be on the basis of 1.10 times the actual
costs billed by the Professional Subconsultant for services provided to the CITY through this
Agreement. Estimated Subconsultant costs are shown in Exhibit B.
5.2 Unless specifically authorized in writing by the CITY, the total budgetary amount for this
PROJECT shall not exceed that amount set forth in Exhibit B. The ENGINEER will make
reasonable efforts to complete the WORK within the budget and will keep CITY informed of
progress toward that end so that the budget or WORK effort can be adjusted if found necessary.
The ENGINEER is not obligated to incur costs beyond the indicated budget, as may be adjusted,
nor is the CITY obligated to pay the ENGINEER beyond these limits. When any budget has been
increased, the ENGINEER'S excess costs expended prior to such increase will be allowable to
the same extent as if such costs had been incurred after the approved increase, and provided
that the City was informed in writing at the time such costs were incurred.
5 3 The ENGINEER will use its best efforts to submit to the City's Representative by the 10th day of
each calendar month an invoice for payment for PROJECT services completed through the
accounting cut -off day of the previous month. Such invoices shall be for PROJECT services and
WORK performed and costs incurred prior to the date of the invoice and not covered by
previously submitted invoices. The ENGINEER shall submit with each invoice a summary of time
expended on the PROJECT for the current billing period, copies of subconsultant invoices, and
any other supporting materials determined by the City necessary to substantiate the costs
incurred. CITY will use its best efforts to pay such invoices within thirty (30) days of receipt and
upon approval of the WORK done and amount billed. CITY will notify the ENGINEER promptly if
any problems are noted with the invoice. CITY may question any item in an invoice, noting to
ENGINEER the questionable item(s) and withholding payment for such item(s). The ENGINEER
may resubmit such item(s) in a subsequent invoice together with additional supporting information
required.
5.4 If payment is not made within sixty (60) days following receipt of approved invoices, interest on
the unpaid balance shall accrue beginning with the sixty -first (61) day at the rate of 1.0% per
month or the maximum interest rate permitted by law, whichever is Tess, provided, however, that
no interest shall accrue pursuant to Chapter 39.76 RCW when before the date of timely payment
a notice of dispute is issued in good faith by the CITY to the ENGINEER pursuant to the terms of
RCW 39.76.020(4).
Page 3
5.5 Final payment of any balance due the ENGINEER for PROJECT services will be made within
forty -five (45) days after satisfactory completion of the services required by this Agreement as
evidenced by written acceptance by CITY and after such audit or verification as CITY may deem
necessary and execution and delivery by the ENGINEER of a release of all known claims against
CITY arising under or by virtue of this Agreement, other than such claims, if any, as may be
specifically exempted by the ENGINEER from the operation of the release in stated amounts to
be set forth therein.
5 6 Payment for any PROJECT services and WORK shall not constitute a waiver or release by CITY
of any claims, right, or remedy it may have against the ENGINEER under this Agreement or by
law, nor shall such payment constitute a waiver, remission, or discharge by CITY of any failure or
fault of the ENGINEER to satisfactorily perform the PROJECT WORK as required under this
Agreement.
SECTION 6 RESPONSIBILITY OF ENGINEER
6.1 The ENGINEER shall be responsible for the professional quality, technical adequacy and
accuracy, timely completion, and the coordination of all plans, design, drawings, specifications,
reports, and other services furnished by the ENGINEER under this Agreement. The ENGINEER
shall, without additional compensation, correct or review any errors, omissions, or other
deficiencies in its plans, designs, drawings, specifications, reports, and other services. The
ENGINEER shall perform its WORK according to generally accepted civil engineering standards
of care and consistent with achieving the PROJECT WORK within budget, on time, and in
compliance with applicable laws, regulations, and permits.
6.2 CITY'S review or approval of, or payment for, any plans, drawings, designs, specifications,
reports, and incidental WORK or services furnished hereunder shall not in any way relieve the
ENGINEER of responsibility for the technical adequacy, completeness, or accuracy of its WORK
and the PROJECT WORK. CITY'S review, approval, or payment for any of the services shall not
be construed to operate as a waiver of any rights under this Agreement or at law or any cause of
action arising out of the performance of this Agreement.
6.3 In performing WORK and services hereunder, the ENGINEER and its subcontractors,
subconsultants, employees, agents, and representatives shall be acting as independent
contractors and shall not be deemed or construed to be employees or agents of CITY in any
manner whatsoever The ENGINEER shall not hold itself out as, nor claim to be, an officer or
employee of CITY by reason hereof and will not make any claim, demand, or application to or for
any right or privilege applicable to an officer or employee of CITY. The ENGINEER shall be
solely responsible for any claims for wages or compensation by ENGINEER employees, agents,
and representatives, including subconsultants and subcontractors, and shall save and hold CITY
harmless therefrom.
6 4 INDEMNIFICATION:
(a) ENGINEER agrees to indemnify, defend, and hold the CITY harmless from loss, cost, or
expense, including legal fees, of any kind claimed by third parties, including without
limitation such loss, cost, or expense resulting from injuries to persons or damages to
property, caused solely by the negligence or willful misconduct of the ENGINEER, its
employees, officers, and subconsultants in connection with the PROJECT. In the event
that any lien is placed upon the property of the CITY or any of the CITY'S officers,
employees, or agents as a result of the negligence or willful misconduct of the
ENGINEER, the ENGINEER shall at once cause the same to be dissolved and
discharged by giving bond or otherwise.
(b) CITY agrees to indemnify, defend, and hold the ENGINEER harmless from loss, cost, or
expense, including legal fees, of any kind claimed by third parties, including without
limitation such loss, cost, or expense resulting from injuries to persons or damages to
property, caused solely by the negligence or willful misconduct of the CITY, its
employees, or agents in connection with the PROJECT
Page 4
(c) If the negligence or willful misconduct of both the ENGINEER and the CITY (or a person
identified above for whom each is liable) is a cause of such third party claim, the loss,
cost, or expense shall be shared between the ENGINEER and the CITY in proportion to
their relative degrees of negligence or willful misconduct and the right of indemnity will
apply for such proportion.
6.5 In any and all claims by an employee of the ENGINEER, any subcontractor, anyone directly or
indirectly employed by any of them or anyone for whose acts any of them may be liable, the
indemnification obligations under this Agreement shall not be limited, in any way by any limitation
on the amount or types of damages, compensation, or benefits payable by or for the ENGINEER
or a subcontractor under workers' or workmens' compensation acts, disability benefit acts, or
other employee benefit acts. The ENGINEER waives its immunity under the Industrial Insurance
Act, Title 51, RCW. Such waiver has been mutually negotiated by the ENGINEER and the CITY
as evidenced by their specific and express initialing of this paragraph.
ENGINEER'S INITIALS CITY'S INITIALS
6.6 , It is understood that any resident engineering or Construction Observation provided by
ENGINEER is for the purpose of determining compliance with the technical provisions of
PROJECT specifications and does not constitute any form of guarantee or insurance with respect
to the performance of a contractor. ENGINEER does not assume responsibility for methods or
appliances used by a contractor, for the safety of construction work, or for compliance by
contractors with laws and regulations. CITY shall use its best efforts to ensure that the
construction contract requires that the contractor(s) indemnify and name CITY, the CITY'S and
the ENGINEER'S officers, principals, employees, agents, representatives, and engineers as
additional insureds on contractor's insurance policies covering PROJECT, exclusive of insurance
for ENGINEER professional liability.
6.7 SUBSURFACE INVESTIGATIONS In soils, foundation, groundwater, and other subsurface
investigations, the actual characteristics may vary significantly between successive test points
and sample intervals and at locations other than where observation, exploration, and
investigations have been made. Because of the inherent uncertainties in subsurface evaluations,
changed or unanticipated underground conditions may occur that could affect total PROJECT
cost and /or execution. These conditions and cost/execution effects are not the responsibility of
the ENGINEER, to the extent that ENGINEER has exercised the applicable standard of
professional care and judgment in such investigations.
SECTION 7 PROJECT SCHEDULE AND BUDGET
7.1 The general PROJECT schedule and the budget for both the entire PROJECT and its component
tasks shall be as set forth in this Agreement and Exhibit A. The project schedule and
performance dates for the individual tasks shall be mutually agreed to by the CITY and the
ENGINEER within fifteen days after execution of this Agreement. The performance dates and
budgets for tasks may be modified only upon written agreement of the parties hereto. The
performance date for tasks and the completion date for the entire PROJECT shall not be
extended nor the budget increased because of any unwarranted delays attributable to the
ENGINEER, but may be extended or increased by the CITY in the event of a delay caused by
special services requested by the CITY, or because of unavoidable delay caused by any
governmental action, or other conditions beyond the control of the ENGINEER which could not be
reasonably anticipated.
7.2 Not later than the tenth day of each calendar month during the performance of the PROJECT, the
ENGINEER shall submit to the CITY'S Representative a copy of the current schedule and a
written narrative description of the WORK accomplished by the ENGINEER and subconsultants
on each task, indicating a good faith estimate of the percentage completion thereof on the last
day of the previous month. Additional oral or written reports shall be prepared at the request of
the CITY for presentation to other governmental agencies and/or to the public.
SECTION 8 REUSE OF DOCUMENTS
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8.1 All internal WORK products of the ENGINEER are instruments or service of this PROJECT.
There shall be no reuse, change, or alteration by the CITY or others acting through or in behalf of
the CITY without written permission of the ENGINEER, which shall not be reasonably withheld
will be at the CITY's sole risk. The CITY agrees to indemnify the ENGINEER and its officers,
employees, subcontractors, and affiliated corporations from all claims, damages, losses, and
costs, including, but not limited to, litigation expenses and attorney's fees, arising out of or related
to such unauthorized reuse, change, or alteration; provided, however, that the ENGINEER will not
be indemnified for such claims, damages, losses, and costs including without limitations litigation
expenses and attorney fees where caused by the ENGINEER's own acts or omissions.
8.2 The ENGINEER agrees that ownership of any plans, drawings, designs, specifications, computer
programs, technical reports, operating manuals, calculations, notes, and other WORK submitted
or which are specified to be delivered under this Agreement or which are developed or produced
and paid for under this Agreement, whether or not complete, shall be vested in the CITY.
SECTION 9 AUDIT AND ACCESS TO RECORDS
91 The ENGINEER, including its subconsultants, shall maintain books, records, documents and
other evidence directly pertinent to performance of the WORK under this Agreement in
accordance with generally accepted accounting principles and practices consistently applied.
The CITY or the CITY'S duly authorized representative, shall have access to such books,
records, documents, and other evidence for inspection, audit, and copying for a period of three
years after completion of the PROJECT. The CITY shall also have access to such books,
records, and documents during the performance of the PROJECT WORK if deemed necessary
by the CITY to verify the ENGINEER'S WORK and invoices.
9.2 Audits conducted pursuant to this section shall be in accordance with generally accepted auditing
standards and established procedures and guidelines of the reviewing or auditing agency
9.3 The ENGINEER agrees to the disclosure of all information and reports resulting from access to
records pursuant to this section provided that the ENGINEER is afforded the opportunity for an
audit exit conference and an opportunity to comment and submit any supporting documentation
on the pertinent portions of the draft audit report and that the final audit report will include written
comments, if any, of the ENGINEER.
9.4 The ENGINEER shall ensure that substantially the foregoing paragraphs are included in each
subcontract for WORK on the Project.
9 5 Any charges of the ENGINEER paid by the CITY found by an audit to be inadequately
substantiated shall be reimbursed to the CITY.
SECTION 10 INSURANCE
10.1 Prior to beginning WORK under this Agreement, the ENGINEER shall provide Certificates of
Insurance satisfactory to the CITY as evidence that policies providing the following coverage and
limits of insurance are in full force and effect. The CITY and the CITY'S directors, officers,
principals, employees, representatives, and agents shall be designated as additional insured on
all such policies except for professional liability and Worker's Compensation. Such insurance
shall be primary to the extent covered as additional insureds and other insurance maintained or
carried by the CITY shall be separate and distinct and shall not be contributing with the insurance
listed hereunder.
10.1.1 Commercial general liability insurance, including personal injury liability, blanket contractual
liability, and broad -form property damage liability coverage. The combined single limit for bodily
injury and property damage shall be not Tess than $1,000,000 per occurrence.
10.1.2. Automobile bodily injury and property damage liability insurance covering owned, non - owned,
rented, and hired cars. The combined single limit for bodily injury and property damage shall be
not Tess than $1,000,000 per occurrence.
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10 1.3. Statutory workers' compensation and employer's liability insurance as required by state law.
10.1.4 Professional liability insurance. The limit of liability shall be not less than $2,000,000. The policy
shall have a retroactive date prior to the date of this contract or provide full prior acts. The
coverage will continue for one year following the completion of the contract.
10.1.5. Umbrella liability limits of $1,000,000 over and above the underlying commercial liability and
automobile liability,
Failure of either or all of the additional insureds to report a claim under such insurance shall not
prejudice the rights of the CITY, its officers, employees, agents, and representatives thereunder
The CITY and the CITY'S directors, officers, principals, employees, representatives, and agents
shall have no obligation for payment of premiums because of being named as additional insureds
under such insurance. None of the policies issued pursuant to the requirements contained herein
shall be canceled, allowed to expire, or changed in any manner so as to affect the rights of the
City thereunder until thirty (30) days after written notice to the CITY of such intended cancellation,
expiration, or change.
SECTION 11 SUBCONTRACTS
11.1 ENGINEER shall be entitled, to the extent determined appropriate by ENGINEER, to subcontract
any portion of the WORK to be performed under this Agreement.
11.2 Any subconsultants or subcontractors to the ENGINEER utilized on this PROJECT, including any
substitutions thereof, will be subject to prior approval by CITY, which approval shall not be
unreasonably withheld. Each subcontract shall be subject to review by the CITY'S
Representative, if requested, prior to the subconsultant or subcontractor proceeding with the
WORK. Such review shall not constitute an approval as to the legal form or content of such
subcontract. The ENGINEER shall be responsible for the architectural and engineering
performance, acts, and omissions of all persons and firms performing subcontract WORK.
11 3 CITY hereby authorizes the ENGINEER to subcontract with the persons and firms listed below
None anticipated.
11 4 The ENGINEER shall submit, along with its monthly invoices, a description of all WORK
completed by subconsultants and subcontractors during the preceding month and copies of all
invoices thereto.
SECTION 12 ASSIGNMENT
12.1 This Agreement is binding on the heirs, successors, and assigns of the parties hereto. This
Agreement may not be assigned by CITY or ENGINEER without prior, written consent of the
other, which consent will not be unreasonably withheld.
SECTION 13 INTEGRATION
13 1 This Agreement represents the entire understanding of CITY and ENGINEER as to those matters
contained herein. No prior oral or written understanding shall be of any force or effect with
respect to those matters covered herein. This Agreement may not be modified or altered except
in writing signed by both parties.
SECTION 14 JURISDICTION AND VENUE
14.1 This Agreement shall be administered and interpreted under the laws of the State of Washington.
Jurisdiction of litigation arising from this Agreement shall be in that state If any part of this
Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and void
insofar as it conflicts with said laws, but the remainder of this Agreement shall be in full force and
effect. Venue of all disputes shall be Yakima County, State of Washington.
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SECTION 15 EQUAL EMPLOYMENT and NONDISCRIMINATION
15.1 In connection with the Services under this Agreement, ENGINEER agrees to comply with the
applicable provisions of State and Federal Equal Employment Opportunity and Nondiscrimination
statutes and regulations.
15.2 During the performance of this Agreement, ENGINEER shall not discriminate in violation of any
applicable federal, state and /or local law or regulation on the basis of age, sex, race, creed,
religion, color, national origin, marital status, disability, honorably discharged veteran or military
status, pregnancy, sexual orientation, and any other classification protected under federal, state,
or local law. 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.
SECTION 16 SUSPENSION OF WORK
16.1 CITY may suspend, in writing by certified mail, all or a portion of the WORK under this Agreement
if unforeseen circumstances beyond CITY'S control are interfering with normal progress of the
WORK. ENGINEER may suspend, in writing by certified mail, all or a portion of the WORK under
this Agreement if unforeseen circumstances beyond ENGINEER's control are interfering with
normal progress of the WORK. ENGINEER may suspend WORK on PROJECT in the event
CITY does not pay invoices when due, except where otherwise provided by this Agreement. The
time for completion of the WORK shall be extended by the number of days WORK is suspended.
If the period of suspension exceeds 90 days, the terms of this Agreement are subject to
renegotiation, and both parties are granted the option to terminate WORK on the suspended
portion of Project in accordance with SECTION 17.
SECTION 17 TERMINATION OF WORK
17.1 Either party may terminate this Agreement, in whole or in part, if the other party materially
breaches its obligations under this Agreement and is in default through no fault of the terminating
party. However, no such termination may be effected unless the other party is given: (1) not less
than fifteen (15) calendar days written notice delivered by certified mail, return receipt requested,
of intent to terminate, and (2) an opportunity for consultation and for cure with the terminating
party before termination. Notice shall be considered issued within seventy -two (72) hours of
mailing by certified mail to the place of business of either party as set forth in this Agreement.
17.2 In addition to termination under subparagraph A of this Section, CITY may terminate this
Agreement for its convenience, in whole or in part, provided the ENGINEER is given (1) not less
than fifteen (15) calendar days written notice delivered by certified mail, return receipt requested,
of intent to terminate, and (2) an opportunity for consultation with CITY before termination.
17.3 If CITY terminates for default on the part of the ENGINEER, an adjustment in the contract price
pursuant to the Agreement shall be made, but (1) no amount shall be allowed for anticipated
profit on unperformed services or other WORK, and (2) any payment due to the ENGINEER at
the time of termination may be adjusted to the extent of any additional costs or damages CITY
has incurred, or is likely to incur, because of the ENGINEER'S breach. In such event, CITY shall
consider the amount of WORK originally required which was satisfactorily completed to date of
termination, whether that WORK is in a form or of a type which is usable and suitable to CITY at
the date of termination and the cost to CITY of completing the WORK itself or of employing
another firm to complete it. Under no circumstances shall payments made under this provision
exceed the contract price. In the event of default, the ENGINEER agrees to pay CITY for any
and all damages, costs, and expenses whether directly, indirectly, or consequentially caused by
said default. This provision shall not preclude CITY from filing claims and /or commencing
litigation to secure compensation for damages incurred beyond that covered by contract
retainage or other withheld payments.
17.4 If the ENGINEER terminates for default on the part of CITY or if CITY terminates for convenience,
the adjustment pursuant to the Agreement shall include payment for services satisfactorily
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performed to the date of termination, in addition to termination settlement costs the ENGINEER
reasonably incurs relating to commitments which had become firm before the termination, unless
CITY determines to assume said commitments.
17.5 Upon receipt of a termination notice under subsections 17.1 or 17.2 above, the ENGINEER shall
(1) promptly discontinue all services affected (unless the notice directs otherwise), and (2) deliver
or otherwise make available to CITY all originals of data, drawings, specifications, calculations,
reports, estimates, summaries, and such other information, documents, and materials as the
ENGINEER or its subconsultants may have accumulated or prepared in performing this
Agreement, whether completed or in progress, with the ENGINEER retaining copies of the same.
17.6 Upon termination under any subparagraph above, CITY reserves the right to prosecute the
WORK to completion utilizing other qualified firms or individuals; provided, the ENGINEER shall
have no responsibility to prosecute further WORK thereon.
17.7 If, after termination for failure of the ENGINEER to fulfill contractual obligations, it is determined
that the ENGINEER has not so failed, the termination shall be deemed to have been effected for
the convenience of CITY. In such event, the adjustment pursuant to the Agreement shall be
determined as set forth in subparagraph 17.4 of this Section. •
17 8 If, because of death, unavailability or any other occurrence, it becomes impossible for any key
personnel employed by the ENGINEER in PROJECT WORK or for any corporate officer of the
ENGINEER to render his services to the PROJECT, the ENGINEER shall not be relieved of its
obligations to complete performance under this Agreement without the concurrence and written
approval of CITY. If CITY agrees to termination of this Agreement under this provision, payment
shall be made as set forth in subparagraph 17.3 of this Section.
SECTION 18 ARBITRATION
18 1 All claims, counterclaims, disputes, and other matters in question arising out of, or relating to, this
AGREEMENT or the breach thereof may be decided by arbitration in accordance with the
Construction Industry Arbitration Rules of the American Arbitration. Association then obtaining.
Either CITY or ENGINEER may initiate a request for such arbitration, but consent of the other
party to such arbitration shall be a necessary precondition to arbitration.
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SECTION 19 NOTICE
19.1 Any notice required to be given under the terms of this Agreement shall be directed to the party at
the address set forth below. Notice shall be considered issued and effective upon receipt thereof
by the addressee -party, or seventy -two hours after mailing by certified mail to the place of
business set forth below, whichever is earlier.
CITY. City of Yakima
129 N. 2 Street
Yakima, WA 98901
Attn: Brett Sheffield, PE, Chief Engineer
ENGINEER: SARGENT ENGINEERS, INC.
320 Ronlee Lane NW
Olympia, WA 98502 -9241
Attn. Monte Smith, PE, Principal
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their
respective authorized officers or representatives as of the day and year first above written.
CITY OF YAKIMA SARGENT ENGINEERS, INC.
Signature Signature
Printed Name Printed Name.
Michael Morales Monte Smith, PE
Title Title
Interim City Manager Principal
Date Date.
Attest
City Clerk
Page 10
STATE OF WASHINGTON
ss.
COUNTY OF YAKIMA )
certify that I know or have satisfactory evidence that Michael Morales is the person who appeared
before me, and said person acknowledged that he signed this instrument, on oath stated that he was
authorized to execute the instrument, and acknowledged it as the City Manager of CITY OF YAKIMA to
be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated:
Seal or Stamp
(Signature)
Title
Printed Name
My commission expires:
STATE OF WASHINGTON
) ss.
COUNTY OF YAKIMA )
certify that I know or have satisfactory evidence that Monte Smith, PE, is the person who appeared
before me, and said person acknowledged that he signed this instrument, on oath stated that he was
authorized to execute the instrument, and acknowledged it as the President of Huibregtse, Louman
Associates, Inc., to be the free and voluntary act of such party for the uses and purposes mentioned in
the instrument.
Dated.
Seal or Stamp
(Signature)
Title
Printed Name
My commission expires.
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EXHIBIT A
CITY OF YAKIMA — 18 STREET BRIDGE REPLACEMENT STUDY
SCOPE OF WORK
During the term of this AGREEMENT, the ENGINEER shall perform professional services in connection
with the following project:
City of Yakima —18 STREET BRIDGE REPLACEMENT STUDY
This scope of work shall include the furnishing of all services, labor, materials, equipment, supplies, and
incidentals necessary to conduct and complete the work as indicated hereinafter. The work to be
performed involves project management, and project formulation, investigation, and preliminary
engineering. This work shall be completed by March 31. 2012.
Preliminary Investigation
1. Visit the bridge site to collect local information about the bridge replacement.
2. Prepare three preliminary layouts for the bridge replacement including anticipated approach
costs. These layouts will include a layout for a bridge that utilizes the existing abutments, a
bridge with new high walls, and a bridge with slopes under the bridge. The concepts will consider
traffic impacts in the cost estimate. Rapid replacement will be a consideration in the preliminary
layouts.
3. Prepare cost estimates for the replacement of the bridge per the preliminary layouts.
4 Prepare a letter report with the cost estimates for each of the layouts.
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EXHIBIT B
40TH AVENUE IMPROVEMENTS STUDY
Professional Fees
Compensation for professional services will be on a time spent basis at the specific hourly rates shown
below, plus reimbursement for direct non -salary expenses.
The table below shows the estimated time and expenses to perform the Scope of Services outlined in
EXHIBIT A for this 18 STREET BRIDGE REPLACEMENT STUDY work. The maximum amount of
compensation to the ENGINEER for this work will be $6,021.00. This maximum amount will not be
exceeded without the written agreement of the CITY and the ENGINEER.
Senior
Senior Project Project Design
Principal Engineer Engineer Engineer Engineer Drafter II Clerical Task Cost
Rate. $154.00 $120.00 $109 00 $106.00 $85.00 $82.00 $61.00
Field Visit 9 $954
Develop 3 Altematives 24 $2,544
Develop Cost Estimates 8 $848
Prepare Letter Report 8 $848
Administration 4
Total Direct Salary Cost 4 0 0 49 0 0 0 $5,810
Direct Costs
Mileage 380 Miles @ $0.555 $211
Total Direct Costs $211
Total $6,021
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