Loading...
HomeMy WebLinkAboutres1987-0371 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 INTRODUCED BY: WARNER PROPOSED BY: Public Works Dept. DATE INTRODUCED: August 6, 1987 RESOLUTION NO. 87-37 A RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BY AND BETWEEN WHATCOM COUNTY AND ARNOLD, ARNOLD &- ASSOCIATES FOR THE PURPOSE OF PROVIDING STRUCTURAL ENGINEERING SERVICES (PHASE II) FOR THE MIDDLE FORK BRIDGE ON THE MOSQUITO LAKE ROAD. WHEREAS, a recently completed structural analysis of the Mosquito Lake Road bridge indicated severe floor support problems; and WHEREAS, the bridge should be analyzed to determine if any practical truss strengthening should be carried out as well as studied to determine if th eye and rod system is still structurally sound; and WHEREAS, Arnold, Arnold & Associates did the design for moving the structure and have all the backup records for the truss; NOW, THEREFORE, BE IT RESOLVED that the County Council of Whatcom County, Washington, hereby authorizes the County Executive to enter into an a contract with Arnold, Arnold & Associates for consulting engineering services for the Middle Fork bridge on the Mosquito Lake Road. PASSED this 6th day of August 1987. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON THOM P,S BURTON Chairperson ATTEST: Carol Ebergson Clerk of the Council APPROVED AS TO FORM: Randall J. Wal(ts` Chief Civil Deputy Prosecu g Attorney RESOLUTION date drafted: 7/30/87 AGREEMENT THIS AGREEMENT, made this day of , 1987 between WHATCOM COUNTY, WASHINGTON, a municipal corporation, hereinafter referred to as the "County ", and ARNOLD, ARNOLD & ASSOCIATES, Consulting Engineers, hereinafter referred to as the "Consultant" for the purpose of pro- viding Structural Engineering Services (Phase II) for the Middle Fork Bridge on the Mosquito Lake Road. A. SERVICES The County hereby employs the consultant to perform the professional ser- vices described herein, and such other services as may be authorized by the County. All work shall be done under the supervision of the County Engineer or his designated representative. The professional services to be performed and the results to be achieved by the Consultant shall be as described below. 1. Determining the best practical means to strengthen the floor system and preparing plans to implement it. 2. Preparing details for the repair of the expansion joint. 3. Accomplishing a complete live load.analysis of the truss and key connec- tions using the three vehicle configurations contained in the AASHTO "Manual for Maintenance Inspection of Bridges ". A letter report will present the results. 4. Preparing designs and details for any truss strengthening needs that are demonstrated by Item 3 and can be practically accomplished. B. CONSIDERATION The Consultant shall be compensated upon a reimbursable basis as shown below provided however that the total amount shall not exceed $25,000 without authorization to do so and /or an appropriately negotiated change order. This amount includes a $2,550 allowance for services during construction including site visits. The reimbursable basis shall be as follows: Principal Associate or Senior Design Engineer Design Engineer Junior Design Engineer Design Draftsman Draftsman /Technician $ 68.50 per hour 52.50 per hour 43.00 per hour 35.00 per hour 40.00 per hour 32.50 per hour L4 The above rates include all overhead and profit. Direct costs will be reim- bursed at Consultant cost plus five percent. GRAND TOTAL_ $25,000.00 Consultant Agreement - continued Arnold Arnold & Associates Paqe 2 C. BIMNG PROCEDURE The Consultant shall submit to the Whatcom County Engineer, written claims for reimbursement for services provided upon a monthly basis. All payments shall be based upon services provided unless otherwise approved in writing by the County. Each request for payment shall be submitted and supported by documentation of the services actually performed. The County agrees to make payment for services provided promptly in accordance with customary procedures. D. SCHEDME The County and the Consultant shall mutually agree on a schedule for the project. All work shall proceed as expeditiously as possible. E. ITEMS TO BE FURNISHED BY THE COUNTY The County shall furnish all necessary survey information requested by the Consultant and any traffic control required. F. EXTENT OF AGREEMENT This agreement contains all of the terms and conditions agreed upon by the parties hereto. The parties agree that there are no other understandings, oral or otherwise, regarding the subject matter of this agreement. G. MODIFICATIONS No change or additions to this agreement shall be valid or binding upon either party unless such change or additions be in writing, executed by both parties. In the event the Consultant is requested and authorized by the County to perform services in addition to those prescribed, the nature, amount, and method of compensation for such services shall be specified by modification of this agreement. H. NON - DISCRIMINATION The parties hereto agree to abide by all Federal, State, and /or County laws prohibiting discrimination with regard to employment and provisionyof services. The Consultant shall not discriminate against any employee in Consultant Agreement - continued Arnold Arnold & Associates Paqe 3 particular or applicant for employment because of race, color, religion, sex or national origin, creed, maritial status, physical or mental or other sen- sory handicap or age, except where such constitutes a bonafide occupational qualification. If assignment and /or subcontract has been authorized, said assignment or subcontract shall include appropriate safeguards against discrimination in employment and services which shall be binding upon each Contractor or Subcontractor. I. ASSIGNMENT AND /OR SUBCONTRACTING The Consultant shall not assign or subcontract any portion of the services provided within the terms of this agreement without obtaining prior written approval of the County Engineer. All terms and conditions of this agreement shall apply to any approved subcontract or assignment relating to this agreement. J. LICENSING The Consultant agrees to comply with all applicable Federal, State, County or municipal standards for licensing, certification and operation of facili- ties and programs, and accreditation and licensing of individuals. K. RELATIONSHIP OF PARTIES The parties intend that an independent Consultant /County relationship will be created by this agreement. The County is interested only in the results to be achieved. The implementation of services will lie solely with the Consultant. No agent, employee, servant or representative of the Consultant shall be deemed to be an employee, agent, servant or representative of the Countv. L. INDEMNIFICATION AND HOLD HARMLESS The Consultant shall protect. defend. save harmless and indemnify the County from and against all claims, suits and actions arising from neqliqent acts or omissions of the Consultant or authorized subcontractors and the agents or employees of either in the performance of all contracts with the County. LL Consultant Aqreement - continued Arnold Arnold & Associates M. SUSPENSION /TERMINATION Paqe 4 If either party fails to comply fully with the terms and conditions of this agreement, or fails to cooperate in the performance of this agreement so as to make completion substantially impracticable, the non - breachinq party may pursue such remedies as are legally available including. but not limited to, the suspension or termination of this agreement in the manner specified herein. 1. Suspension: If either party is unable to substantiate full compliance with the provisions of this agreement,,or full cooaeration in its per- formance, the non - breaching party may suspend the agreement pending corrective acts or investigation, which suspension shall be effective upon seven (7) days written notification to the other party. 2. Termination: For ,just cause. this agreement may be terminated by either party hereto upon thirty (30) days advance written notice to the other party. Said written notice shall include a detailed statement of "just cause ". 3. In the event this contract is terminated, the County will pay the Consultant for work performed an amount eaual to the Consultant's applied staff time at the rates stated in Section B. 4. The Consultant, upon termination of this agreement, shall promptly discontinue all services affected (unless directed otherwise), and deliver or otherwise, make available to the County all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by the Consultant while per- forming this agreement, whether completed or in progress. The Consultant may retain a copy for his files of all information and data provided by the Consultant under this agreement. N. VENUE STIPMTION This agreement has been and shall be construed as havinq been made and deli- vered within the State of Washington. It is mutually understood and agreed by each party hereto that this agreement shall be governed by the laws of the State of Washington, both as to interpretation and performance. Any action in law. suit and equity or judicial proceedinqs for the enforcement of this agreement, or any provisions thereof, shall be institutedb"and main- tained in the courts of competent jurisdiction located in Whatcom County, Washington. Consultant Agreement - continued Arnold Arnold & Associates 0. NON- WAIVER OF BREACH Page 5 The failure of the County to insist upon strict performance of any of the covenants and agreements of this agreement, or to exercise any option herein conferred, in any one or more instances shall not be construed to be a waiver or relinquishment of the same, but the same shall be and remain in full force and effect. P. SEVERABI1_ITY It is understood and agreed by the parties hereto that if any part of this agreement is determined to be illegal, the validity of the remaining por- tions shall not be affected and the rights and obligations of the parties shall be construed as if the agreement did not contain the particular ille- gal part. IN WITNESS WHEREOF, the Consultant has executed this instrument, on the day and year first below written and the County Executive has caused this instrument to be executed by and in the name of the said County, the day and year first above written. Consultant Agreement - continued Arnold Arnold & Associates Paqe 6 EXECUTED by the Consultant this c day of vC ,1987. By Titl (Seal ) Consultant AC17 aa , ZV'0260 STATE OF WASHINGTON ) ss. COUNTY OF WHATCOM ) On this 14th day of Ju1Y , 1987, before me personally appeared C. Adr�anrnold to me personally known to be the person escri e in and who executed the a ove instrument and who acknowledged to me the act of signing thereof, NIUARY PUBS_ I C, in and for the State of Washington, residing at Bremerton, Washington Executed by Whatcom County this day of , 1987. By Shirley Van Zanten Whatcom County Executive Attest: Carol Ebergson Clerk of Whatcom County Council (Seal ) Approved as to form: L� David C. Cottingham Civil Deputy Prosecuting Attorney