Engineering Services - Greeley BridgeAGREEMENT BETWEEN THE CITY OF SALINA, KANSAS
and
EARLES ENGINEERING & INSPECTION, INC.
for
ENGINEERING SERVICES
This Agreement is entered into on the latest date of execution shown on the
signature page by and between the City of Salina, Kansas, (the "CITY ") and Earles
Engineering & Inspection, Inc., a Kansas corporation, (the "CONSULTANT ").
Recitals
A. The CITY owns and operates the Greeley Avenue bridge over the old
Smoky Hill River channel and the North Ninth Street bridge over Mulberry Creek.
B. The CITY desires to contract for the bridge inspection services necessary
to assure compliance with the National Bridge Inspection program.
C. The CONSULTANT has the requisite qualifications and experience to
perform the services desired by the CITY and desires to perform those services
pursuant to the terms of this Agreement.
The parties therefore agree and covenant:
1. Scope of Services. The CONSULTANT agrees to perform the services
outlined in the attached and incorporated Exhibit A.
2. Term. The CONSULTANT agrees to perform the services according to
the timeframe described in Exhibit B, subject to prior termination pursuant to the terms
of this Agreement.
3. Compensation. The CITY agrees to compensate the CONSULTANT on
the basis of the actual hourly rates and reimbursable expenses shown on the
CONSULTANT's fee schedule attached and incorporated as Exhibit C, in amounts not
to exceed the budgetary summaries, annual budgets and summary list of tasks attached
and incorporated:
4. Non - appropriation. In the event that this Agreement anticipates work
spanning multiple budget years for the City, it is subject to further appropriation by the
CITY's governing body for future fiscal budget years. If the CITY's governing body does
not appropriate the funds necessary to compensate the CONSULTANT for services to
be provided pursuant to this Agreement in the future fiscal years, the CITY shall so
notify the CONSULTANT and this Agreement shall be null and void for purposes of the
fiscal budget year(s) affected by the decision of the governing body not to appropriate.
5. Invoices. CONSULTANT agrees to submit to the CITY detailed
invoices at least monthly for work performed and reimbursable expenses actually
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incurred. The invoices shall identify the personnel performing the work, the date of the
work, the work performed and the time required to the one -tenth of an hour. Charges
for subcontracted work will be supported with similar documentation. Charges for
reimbursable expenses will specifically identify the type and amount of each expense in
a manner consistent with the classifications of reimbursable expenses set forth in
Exhibit C.
6. Payment. Invoices will be due and payable within 45 days of receipt by
the CITY. If the CITY disputes any items in CONSULTANT's invoice for any reason, the
CITY may temporarily delete the disputed item and pay the remaining amount of the
invoice. The CITY will promptly notify CONSULTANT and request clarification and /or
correction. Following resolution of any dispute, CONSULTANT will include the disputed
item as resolved on a subsequent invoice. The CONSULTANT retains the right to
assess the CITY interest at the rate of up to one percent (1 %) per month on undisputed
invoices which are not paid within 45 days of receipt by the CITY.
7. Nonperformance. If either party fails to comply with any term of this
Agreement within 10 days after written notice to comply has been mailed by the non -
defaulting party to the defaulting party, such failure shall be deemed an immediate
breach of this Agreement. In such case, the non - defaulting party may pursue against
the defaulting party such remedies as provided by law or in equity, including without
limitation, the right to specifically enforce this Agreement. In addition, the non - defaulting
party may recover its costs and reasonable attorneys' fees incurred in any action related
to such breach. In the event of such termination upon the default of the CONSULTANT,
the CONSULTANT shall not be entitled to further compensation from the CITY for work
performed or costs sustained following the date of termination.
8. Termination. Either party may terminate this Agreement, with or without
cause, upon 30 days advance written notice to the other party. In the event of such
termination, the CONSULTANT shall be compensated for such services as have been
performed through the date of termination.
9. Relationship. It is expressly understood that CONSULTANT in
performing services under this Agreement, does so as an independent contractor. The
City shall neither have nor exercise any control or direction over the methods by which
CONSULTANT performs its services hereunder. The sole interest and responsibility of
the City is to see that the services covered by this Agreement are performed and
rendered in a competent, efficient, and satisfactory manner. CONSULTANT shall be
exclusively responsible for all taxes, withholding payments, employment -based benefits,
deferred compensation plans, including but not limited to its workers compensation and
social security obligations, and the filing of all necessary documents, forms, or returns
pertinent to the foregoing.
10. Iniury to Persons or Damage to Property. CONSULTANT acknowledges
responsibility for any injury to person(s) or damage to property caused by its employees
or agents in the performance of its duties under this Agreement and shall immediately
notify the City's Risk Management Department at (785) 309 -5705 in the event of such
injury to person(s) or damage to property.
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11. Indemnification. CONSULTANT agrees to indemnify and save harmless
the City, its officials, agents, servants, officers, directors and employees from and
against all claims, expenses, demands, judgments and causes of action for personal
injury or death or damage to property where, and to the extent that, such claims,
expenses, demands judgment or causes or action arise from CONSULTANT's negligent
acts.
12. Insurance Requirements. CONSULTANT shall maintain the following
insurance coverage without interruption from the date of the commencement of this
agreement until date of final payment and termination of any coverage required to be
maintained after final payment
Professional Liability - Errors and Omissions
The CONSULTANT shall provide Engineers Professional Liability Insurance with
limits not less than $500,000, covering the liability of the CONSULTANT and any
and all consultants, agents or independent contractors which are employed or
retained by the CONSULTANT. The insurer must be acceptable to the City of
Salina. In the event coverage provided is a claims made coverage, the
insurance shall be maintained for a period of not less than three (3) years after
completion of the contract or in lieu thereof purchase of tail coverage (extended
reporting period) under which the City of Salina shall be afforded protection.
In lieu of the above coverage, the CONSULTANT may provide the described
coverage for his own firm in the above amount and submit proof all his
consultants, agents and independent contractors have insurance deemed
adequate by the City of Salina.
Commercial General Liability Insurance
CONSULTANT shall provide public liability insurance coverage in an amount no
less than $500,000 covering the liability of CONSULTANT and any and all
consultants, agents or independent contractors which are employed or retained
by CONSULTANT on an occurrence basis.
In lieu of the above coverage, CONSULTANT may provide coverage for its own
firm in the above amount or an additional amount and submit proof all its
consultants, agents and independent contractors have insurance deemed
adequate by the City of Salina.
Automobile Liability
CONSULTANT shall provide coverage protecting CONSULTANT against claims
for bodily injury and /or property damage arising out of the ownership or use of
any owned, hired and /or non -owned vehicle. Required minimum limits: $500,000
each accident, combined single limits, bodily injury and property damage.
Worker's Compensation
Before beginning any work, CONSULTANT shall furnish to the City satisfactory
proof that he has taken out, for the period covered by the work under this
contract, full workers' compensation coverage as required by state law for all
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persons who he may employ directly, or• through subcontractors, in carrying out
the work contemplated under this contract, and shall hold the City free and
harmless for all personal injuries of all persons who the CONSULTANT may
employ directly or through subcontractors.
Certificate(s) of Insurance
Certificate(s) of Insurance acceptable to the City shall be filed with the City at the
time this Agreement is executed. These certificates shall contain a provision that
coverage afforded under the policies will not be cancelled or substantially
changed until at least thirty (30) days prior written notice has been given to the
City and acknowledged.
Notice of Claim
CONSULTANT, upon receipt of notice of any claim in excess of $1,000 in
connection with this Agreement shall promptly notify the Risk Management
Department, (785) 309 -5705, providing full details thereof, including an estimate
of the amount of loss or liability.
13. Equal Opportunity.
a. In conformity with the Kansas act against discrimination and Chapter 13 of
the Salina Code, the Consultant and its subcontractors, if any, agree that:
(1) The Consultant shall observe the provisions of the Kansas act
against discrimination and shall not discriminate against any person
in the performance of work under this Contract because of race,
sex, religion, age, color, national origin, ancestry or disability;
(2) The Consultant shall observe the provisions of Chapter 13 of the
Salina Code and shall not discriminate against any person in the
performance of work under this Contract because of race, sex,
sexual orientation, gender identity, religion, age, color, national
origin, ancestry or disability;
(3) The Consultant shall include in all solicitations, or advertisements
for employees, the phrase "equal opportunity employer," or a
similar phrase to be approved by the city's human relations director;
(4) If the Consultant fails to comply with the manner in which the
Consultant reports to the Kansas human rights commission in
accordance with the provisions of K.S.A. 44 -1031 and amendments
thereto, the Contactor shall be deemed to have breached this
Contract and it may be canceled, terminated or suspended, in
whole or in part, by the City;
(5) If the Consultant is found guilty of a violation of Chapter 13 of the
Salina Code or the Kansas act against discrimination under a
decision or order of the Salina human relations commission or the
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Kansas human rights commission which has become final, the
Contactor shall be deemed to have breached this Contract and it
may be canceled, terminated or suspended, in whole or in part, by
the City;
(6) The Consultant shall not discriminate against any employee or
applicant for employment in the performance of this Contract
because of race, sex, sexual orientation, gender identity, religion,
age, color, national origin, ancestry or disability; and
(7) The Consultant shall include similar provisions in any subcontract
under this Contract.
b. The provisions of this section shall not apply to this Contract if the
Consultant:
(1) Employs fewer than four employees during the term of this
Contract; or
(2) Contracts with the City for cumulatively $5,000 or less during the
City's calendar fiscal year.
14. Compliance with Applicable Law. CONSULTANT shall comply with all
applicable federal, state, and local law in the performance of its duties under this
Agreement.
15. Non - assignable. Due to the unique qualifications and circumstances of the
parties, neither the rights nor the responsibilities provided for under, this Agreement shall
be assignable by either party, either in whole or in part.
16. Feminine - Masculine, Singular- Plural. Wherever used, singular shall
include the plural, plural the singular, and use of any gender shall include all genders.
17. Kansas Law Applies. This Agreement and its validity, construction and
performance shall be governed by the laws of Kansas. This Agreement shall be
interpreted according to its fair meaning, and not in favor of or against any party.
18. Severability. The unenforceability, invalidity, or illegality of any provision of
this Contract shall not render the other provisions unenforceable, invalid, or illegal.
19. Time. Time is of the essence of this Agreement. No extension will be
granted unless in writing and signed by the parties. Should the end of a time period fall on
a legal holiday, that time period shall extend to 5:00 p.m. of the next full business day.
20. Persons Bound - Copies. This Agreement shall extend to and bind the
successors and assigns of the parties hereto, and may be executed in any number of
counterparts, each of which shall be deemed an original, or in multiple originals, and all
such counterparts or originals shall for all purposes constitute one agreement.
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21. Notices. All notices and demands shall be given in writing either by
personal service or by registered or certified mail, postage prepaid, and return - receipt
requested. Notice shall be considered given when received on date appearing on the
return receipt, but if the receipt is not returned within five (5) days, then forty -eight (48)
hours after deposit in the mail. Notices shall be addressed as appears below for each
party, provided that if any party gives notice of a change of name or address, notices to
the giver of that notice shall thereafter be given as demanded in that notice.
CITY: Daniel R. Stack, P.E., City Engineer
300 W Ash Street, P.O. Box 736
Salina, KS 67402 -0736
CONSULTANT: Peter Earles; P.E.
115 W. Iron Avenue
Salina, KS 67401
22. Typewritten or Handwritten Provisions. Typewritten or handwritten
provisions inserted or attached shall supersede all conflicting printed provisions.
23. Mercier Clause. These terms are intended by the parties as a complete,
conclusive and final expression of all the conditions of their Agreement. No other
promises, statements, warranties, agreements or understandings, oral or written, made
before or at the signing thereof, shall be binding unless in writing and signed by all parties
and attached hereto. Any amendment to this Contract, including an oral modification
supported by new consideration, must be reduced to writing and signed by both parties
before it will be effective.
24. Attachments: The following Exhibits and other documents are attached
to and made a part of this Agreement:
a. Exhibit A: Scope of Services.
b. Exhibit B: Schedule.
C. Exhibit C: Estimate of Costs.
IN WITNESS WHEREOF, the parties hereto have caused is Agreement to be
executed by their respective proper officials.
Executed by the CONSULTANT this (O* day of f J0k &VbZe— 20
Executed by the CITY this I day of N wtro W 20 1.�--
CITY OF SALINA, KANSAS ( "CITY') EARLES ENGINEERING &
INSPECTION, INC., ( "CONSULTANT ")
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Exhibit A: Scope of Services
1. The biennial bridge inspections shall be conducted in accordance with federal
regulations and references listed below.
A. American Association of State Highway and Transportation Officials (AASHTO)
"Manual for Condition Evaluation of Bridges ", 1994, Second Edition as revised by
1995, 1996, 1998, 2000, and 2001 Interim Revisions.
B. KDOT BLIP Bridge Inspection Manual.
C. Report No. FHWA -PD -96 -001, Recording and Coding Guide for the Structure
Inventory and Appraisal of the Nation's Bridges, December 1995.
D. KDOT Design Manual, Volume III, Bridge Section, Bridge Load Rating, January
2005.
E. KDOT "Supplemental Coding Guide for Bridge Inspection and Rating ", 1993.
F. Report No. FHWA- IP -86 -2, Culvert Inspection Manual, July 1986
G. Report No. FHWA- IP- 86 -26, Inspection of Fracture Critical Bridge Members,
September 1986.
H. FHWA Bridge Inspector's Training Manual /90, March 1995.
I. Kansas Department of Transportation, Bureau of Local Projects "Scour
Evaluation Manual for Local Public Authorities ", August 1996.
2. Bridge Inspection Team Leaders must be on the prequalified inspector's list
maintained by KDOT.
3. The standard KDOT Bureau of Local Projects Bridge Inspection Form (BIF) shall be
used to record the field inspection data. Critical Findings shall be recorded on the
standard KDOT Bureau of Local Projects Bridge Inspection Critical Findings form.
4. All NBI Data Items shall be verified during the inspection and updated or corrected.
This may require coordination with the City /County on AADT and similar items not
observable.
5. The work performed under this contract is subject to review by the Owner as well as
KDOT. If errors or discrepancies are found the Consultant (or LPA if the inspection is
performed by the LPA) shall be required to make corrections at no additional cost.
KDOT will perform QC /QA evaluations of bridge inspections including field reviews,
review of ratings, bridge inspection files, and data entry. Substandard work is
grounds for removal of the inspector from the KDOT prequalified list.
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6. The Owner has 2 bridges to be inspected.
7. Bridges not currently in the inventory or bridges that have had major rehabilitation
work require an Inventory Inspection using the Inventory Inspection form in the
KDOT BLP Bridge Inspection manual. The Owner has 0 bridges requiring an
Inventory Inspection.
8. Review scour assessment information in the bridge folder, and report if the
information is inadequate or needs updating.
9. Review load rating information in the bridge folder, and report if the information is
inadequate or needs updating.
10. Review fracture critical information in the bridge folder, and report if the information
is inadequate.
11. Review photographs in the bridge file; add any required photos that are not in the
bridge folder. Provide new photographs of items as necessary to adequately
document significant deficiencies, changed conditions, or repairs needed.
12. The Inspection Data will be entered in the KDOT BLP Bridge Inspection Web Portal
no later than 90 days following the bridge inspection. All NBI Data Items in the
existing database are to be checked while performing data entry, and errors in the
data shall be corrected.
13. During the inspection Critical Findings shall be reported to the bridge owner
immediately by the most expedient method.
14. All work shall be performed and data entered into the KDOT portal within 90 days of
the required inspection date. Required reports and assembly of updates to the
bridge folder shall be completed within 90 days of the completion of the field
inspection.
15. Prepare a bound report summarizing the bridge inspection results. Provide 2
copies of the report summarizing bridge inspection results of the maintenance
recommendation report. If applicable the Critical Findings forms must be submitted
to KDOT BLP within one (1) week of the inspection. The report should include the
following items.
A. An introduction stating the time period of the bridge inspections, the names of the
persons performing the inspections, and items not included in the inspection,
such as approach guardrail, object markers, warning signs, etc.
B. A table listing each bridge and including the following items.
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1) City bridge number
2) NBI number
3) Length
4) Type of structure
5) Features intersected
6) Facilities carried
7) Sufficiency rating
8) Recommended weight limits
9) Existing weight limit signing
10) Date of inspection
11)Inspector name
12)lf a load rating update is needed
13) If scour analysis is needed
C. A table listing all bridges that need an annual inspection, the inspection due date,
the reason for the annual inspection, and the items that need to be inspected.
D. A table listing all bridges that are fracture critical, a general description of the
type of bridge, type of equipment needed to perform the inspection, and any
items of concern.
E. A table listing all bridges with pin and hangers.
F. Bridge index map.
16. Prepare a separate bound report listing bridge maintenance items. Separate
recommendation to critical maintenance needed to extend the life of the bridge and
safety concerns, and a separate listing of routine maintenance items that need
attention but are not urgent or safety related.
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Exhibit B: Schedule
1. On site bridge inspections shall be completed by November 2, 2012.
2. Information shall be entered into the KDOT Bridge Inspection Portal by November
15, 2012
3. Bound reports shall be completed by December 31, 2012.
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Exhibit C: Estimate of Costs
2 bridges, 4 hours per bridge, $55.00 /hour = $440.00
C -1