HomeMy WebLinkAboutCH2M Hill - PSA Oregon Ave CP5-ST-3A-12-57PRIGI 4
PROFESSIONAL SERVICES AGREEMENT
OREGON AVENUE CORRIDOR TRUCK TURNING MOVEMENTS
THIS AGREEMENT is made and entered into between the City of Pasco, a Washington
Municipal Corporation, hereinafter referred to as "City", and C112M HILL. Inc., hereinafter
referred to as "Consultant."
RECITALS
WHEREAS, the City desires to have certain services and/or tasks performed as set forth
below requiring specialized skills, training, equipment, and other supportive capabilities; and
WHEREAS, the Consultant represents that it is qualified and possesses sufficient skills,
experience, equipment, and necessary capabilities, including: technical and professional expertise,
when required, to perform the services and/or tasks as set forth in this Agreement upon which the
City is relying.
NOW, THEREFORE, in consideration of the mutual covenants, and performances
contained herein, the parties agree as follows:
1. Scone of Services. The Consultant shall perform such services and accomplish such tasks,
including the furnishing of all labor, materials, facilities and equipment necessary for full
performance thereof, as identified and designated as Consultant's Responsibilities
throughout this Agreement, and as more particularly described in Scope of Work detailed
in Exhibit A, attached hereto and incorporated herein (the "Project").
2. Term. This Project shall begin on August 1. 2014, and promptly be completed by February
28.2015, in accordance with the schedule attached hereto as Exhibit A.
3. Compensation and Payment.
3.1 Payment for services provided hereunder shall be made following the performance
of such services. Such payment shall be full compensation for work performed or
services rendered, and for all labor, materials, supplies, equipment, and incidentals
necessary to complete the Project.
3.2 No payment shall be made for any services rendered by the Consultant except for
services identified and set forth in this Agreement except as may be authorized by
a written supplemental agreement approved by the City.
Professional Services Agreement- "Oregon Avenue Truck Turning Movements CH2MHILL" S 1
Page I
3.3 The City shall pay the Consultant for work performed under this Agreement upon
timely submitted invoices detailing work performed and expenses for which
reimbursement is sought. The City shall approve all invoices before payment is
issued. Payment shall occur within thirty (30) days of receipt of an invoice.
3.4 The City shall pay the Consultant for all work performed and expenses incurred
under this Agreement, as follows.
❑ Hourly (Single Rate): $ per hour plus actual expenses incurred
as provided under this Agreement, but not to exceed a total of
$ without prior written authorization by the City; or
❑ Hourly (Multiple Rate): Such rates as identified on Exhibit _, plus
actual expenses incurred as provided under this Agreement, but not to
exceed a total of $ without the prior written authorization
by the City; or
® Fixed Sum: A total of $13.025; or
❑ Other:
4. Reports and Inspections.
4.1 The Consultant at such times and in such forms as the City may require, shall
furnish to the City such statements, records, studies, surveys, reports, data, and
information as the City may request pertaining to the scope of services covered by
this Agreement.
4.2 The Consultant shall, at any time during normal business hours and as often as the
City or the Washington State Auditor may reasonably deem necessary, make
available for examination all of its records and data with respect to the scope of
services provided under this Agreement and shall permit the City, or its designated
authorized representative to audit and inspect said records and data covered by this
Agreement. The City shall receive a copy of all audit reports made by the agency
or firm as to the Consultant's activities. The City may, at its discretion, conduct an
audit at its expense, using its own or outside auditors, of the Consultant's activities
which relate to the scope of services under this Agreement. Consultant shall be
provided a copy of such reports.
4.3 The Consultant, during the term of this Agreement, shall obtain all permits and
registration documents necessary for the performance of its work and for the
execution of services at its own expense, and shall maintain its validity. Upon
request, the Consultant shall deliver to the City copies of these licenses, registration
documents, and permits or proof of their issuance or renewal.
Professional Services Agreement- "Oregon Avenue Truck Turning Movements CH2MHILL"
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4.4 Consultant shall maintain books, records and documents, which sufficiently and
properly reflect all direct and indirect costs related to the performance of this
Agreement, and shall maintain such accounting procedures and practices as may be
necessary to assure proper accounting of all funds paid pursuant to this Agreement.
These records shall be subject, at all reasonable times, to inspection, review, or
audit as provided above.
4.5 The Consultant shall retain all books, records, documents or other material relevant
to this Agreement for three (3) years after its expiration. Consultant agrees that the
City, or its designee, shall have full access and right to examine any of said
materials at all reasonable times during this period.
5. Ownership and Use of Documents.
5.1 All research, tests, surveys, preliminary data, information, drawings and documents
made, collected, or prepared by the Consultant for performing the services subject
to this Agreement, as well as any final product, collectively referred to as "work
product," shall be deemed as the exclusive property of the City, including copyright
as secured thereon. Consultant may not use them except in connection with the
performance of the services under this Agreement or with the prior written consent
of the City. Any prior copyrighted materials owned by the Consultant and utilized
in the performance of the services under this Agreement, or embedded in with the
materials, products and services provided thereunder, shall remain the property of
the Consultant subject to a license granted to the City for their continued use of the
products and services provided under this Agreement. Reuse by the City or by
others acting through or on the behalf of the City of any such instrument of service,
not occurring as part of this Project, shall be without liability or legal exposure to
the Consultant. Any work product used by the Consultant in the performance of
these services which it deems as "confidential," "proprietary," or a "trade secret"
shall be conspicuously designated as such.
5.2 In the event of Consultant's default, or in the event that this Agreement is
terminated prior to its completion, the work product of the Consultant, along with
a summary of the services performed to date of default or termination, shall become
the property of the City, and tender of the work product and summary shall be a
prerequisite to final payment under this Agreement. The summary of services
provided shall be prepared at no additional cost, if the Agreement is terminated
through default by the Consultant. If the Agreement is terminated through
convenience by the City, the City agrees to pay Consultant for the preparation of
the summary of services provided.
6. Public Records.
6.1 Consultant acknowledges that the City is an agency subject to Chapter 42.56 RCW
"Public Records Act." All preliminary drafts or notes prepared or gathered by the
Professional Services Agreement- "Oregon Avenue Truck Turning Movements CH2MHILL"
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Consultant, and recommendations of the Consultant are exempt prior to the
acceptance by the City or public citation by the City in connection with City action.
6.2 If the Consultant becomes a custodian of public records of the City and request for
such records is received by the City, the Consultant shall respond to the request by
the City for such records within five (5) business days by either providing the
records, or by identifying in writing the additional time necessary to provide the
records with a description of the reasons why additional time is needed. Such
additional time shall not exceed twenty (20) business days unless extraordinary
good cause is shown.
6.3 In the event the City receives a public records request for protected work product
of the Consultant within its possession, the City shall, prior to the release of any
protected work product or as a result of a public records request or subpoena,
provide Consultant at least ten (10) business days prior written notice of the pending
release and to reasonably cooperate with any legal action which may be initiated
by the Consultant to enjoin or otherwise prevent such release.
7. In_d_ependent Contractor Relationship.
7.1 The parties intend that an independent contractor relationship is created by this
Agreement. The City is interested primarily in the results to be achieved; subject
to the scope of services and the specific requirements of this Agreement, the
implementation of services will lie solely with the discretion of the Consultant. No
agent, employee, officer or representative of the Consultant shall be deemed to be
an employee, agent, officer, or representative of the City for any purpose, and the
employees of the Consultant are not entitled to any of the benefits or privileges the
City provides for its employees. The Consultant will be solely and entirely
responsible for its acts and for the acts of its agents, employees, officers,
subcontractors or representatives during the performance of this Agreement.
7.2 In the performance of the services provided in this Agreement, Consultant is an
independent contractor with full authority to control and direct the performance of
the details of the work, however, the results of the work contemplated herein must
meet the approval of the City and shall be subject to the City's general rights of
inspection and review to secure the satisfactory completion thereof.
7.3 The Consultant shall comply with all State and Federal laws including, but not
limited to:
7.3.1 The definition requirements ofRCW 50.04.140 (Employment Security).
7.3.2 RCW 51.08.195 (Industrial Insurance).
7.3.3 Obtain a City of Pasco business license.
Professional Services Agreement- "Oregon Avenue Truck Turning Movements CH2MHILL"
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7.4 The City may, at its sole discretion, require the Consultant to remove any employee,
agent or servant from employment on this Project who, in the City's sole discretion,
may be detrimental to the City's interest.
8. Indemnification.
8.1 The Consultant shall indemnify the City, its officers, officials, and employees from
any third party claims for injuries to persons or damages to property to the
proportionate extent the losses, damages, demands, suits, judgments, including
attorney fees, arises out of the negligent acts or willful misconduct of the Consultant
or its subcontractors in the performance of this Agreement, except for injuries and
damages caused by the negligence of the City, its officers, employees, agents, and
volunteers.
8.2 Should a Court of competent jurisdiction determine that this Agreement is subject
to RCW 4.24.115, then, in the event of liability for damages arising out of bodily
injuries or damages to property caused by or resulting from the concurrent
negligence of the Consultant, and the City, its officers, employees, agents and
volunteers, the Consultant's liability and obligation to defend hereunder shall only
be the proportionate extent of the Consultant's negligence.
8.3 It is further agreed that the indemnification provided herein constitutes the
Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely
for the purposes of this indemnification.
8.4 No liability shall attach to the City by reason of entering into this Agreement except
as expressly provided herein.
8.5 This waiver has been mutually negotiated by the parties, and the provisions of this
section shall survive the expiration or termination of this Agreement.
9. Insurance. The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise
from or in connection with the performance of the work hereunder by the Consultant and
its employees.
9.1 Scope of Insurance. Consultant shall obtain insurance of the types described below:
9.1.1 Automobile Liability insurance covering all owned, non -owned, hired and
leased vehicles. Coverage shall be written on Insurance Services Office
(ISO) form CA 00 01 or a substitute form providing equivalent liability
coverage. If necessary, the policy shall be endorsed to provide contractual
liability coverage.
Professional Services Agreement- "Oregon Avenue Truck Turning Movements CH2MHILL"
Page 5
9.1.2 Commercial General Liability insurance shall be written on ISO occurrence
form CG 00 01 or equivalent and shall cover liability arising from premises,
operations, and personal injury and advertising injury. The City shall be
named as an additional insured under the Consultant's Commercial General
Liability insurance policy with respect to the work performed for the City.
9.1.3 Workers' Compensation coverage as required by the Industrial Insurance
laws of the State of Washington.
9.1.4 Professional Liability insurance appropriate to the Consultant's profession.
9.2 Amounts of Insurance. Consultant shall maintain the following insurance limits:
9.2.1 Automobile Liability insurance with a combined single limit for bodily
injury and property damage of $1,000,000 per accident.
9.2.2 Commercial General Liability insurance shall be written with limits of:
❑ $1,000,000 each occurrence;
❑ $2,000,000 general aggregate; or
® $1,000,000 each occurrence; and $2,000,000 general aggregate
9.2.3 Professional Liability insurance shall be written with limits of
® $1,000,000 per claim and in the aggregate;
❑ $1,000,000 policy aggregate limit; or
❑ $ per claim; and $ per policy aggregate limit
9.3 Other Insurance Provisions. The insurance policies are to contain, or be endorsed
to contain, the following provisions for Automobile Liability and Commercial
General Liability insurance:
9.3.1 The Consultant's insurance coverage shall be primary insurance as respects
the City. Any insurance, self-insurance, or insurance pool coverage
maintained by the City shall be excess of the Consultant's insurance and
shall not contribute with it.
9.3.2 The Consultant's insurance shall be endorsed to state that coverage shall not
be cancelled, except after thirty (30) days prior written notice by certified
mail, return receipt requested, has been given to the City.
9.4 Acceptability of Insurers. Insurance is to placed with insurers with a current A.M.
Best rating of not less than ANII.
9.5 Verification of Coverage. Consultant shall furnish the City with original
certificates and a copy of the amendatory endorsements, including the additional
Professional Services Agreement- "Oregon Avenue Truck Turning Movements CH2MHILL"
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insured endorsement, evidencing the insurance requirements of the Consultant
before commencement of the work.
10. Nondiscrimination. In the performance of this Agreement, the Consultant will not
discriminate against any employee or applicant for employment on the grounds of race,
creed, color, national origin, sex, marital status, age or the presence of any sensory, mental
or physical handicap; provided that the prohibition against discrimination in employment
because of handicap shall not apply if the particular disability prevents the proper
performance of the particular worker involved. The Consultant shall ensure that applicants
are employed, and that employees are treated during employment in the performance of
this Agreement without discrimination because of their race, creed, color, national origin,
sex, marital status, age or the presence of any sensory, mental or physical handicap.
Consultant shall take such action with respect to this Agreement as may be required to
ensure full compliance with local, State and Federal laws prohibiting discrimination in
employment.
11. Covenant Against Contingent Fees. The Consultant warrants that it has not employed
nor retained any company, firm, or person, other than a bona fide employee working
exclusively for the Consultant, to solicit or secure this Agreement; and that it has not paid
or agreed to pay any company, person or firm, other than a bona fide employee working
exclusively for the Consultant, any fee, commission, percentage, brokerage fee, gift, or
other consideration contingent upon or resulting from the award or making of this
Agreement. For breach or violation of this warranty, the City shall have the right to
terminate this Agreement.
12. Assignment and Subcontracting.
12.1 The City has awarded this Agreement to the Consultant due to its unique
qualifications to perform these services. The Consultant shall not assign (or
subcontract other than as specifically identified in Exhibit A) its performance under
this Agreement or any portions of this Agreement without the prior written consent
of the City, which consent must be sought at least thirty (30) days prior to the date
of any proposed assignment.
12.2 Any work or services assigned or subcontracted hereunder shall be subject to each
provision of this Agreement including Section 6, Public Records; Section 10,
Nondiscrimination; proper bidding procedures where applicable; and all local, State
and Federal statutes, ordinances and guidelines.
12.3 Any technical or professional service subcontract not listed in this Agreement, must
have prior written approval by the City.
13. Termination.
13.1 Termination for Convenience. Either party may terminate this Agreement for any
reason upon giving the other party no less than ten (10) business days written notice
Professional Services Agreement- "Oregon Avenue Truck Turning Movements CH2MHILL"
Page 7
14.
in advance of the effective date of such termination. Consultant will be paid for
services and expenses incurred prior to termination.
13.2 Termination for Cause. If the Consultant fails to perform in the manner called for
in this Agreement, or if the Consultant fails to comply with any other provisions of
this Agreement and fails to correct such noncompliance within five (5) business
days of written notice thereof, the City may terminate this Agreement for cause.
Termination shall be effected by serving a notice of termination on the Consultant
setting forth the manner in which the Consultant is in default. The Consultant will
only be paid for services and expenses complying with the terms of this Agreement,
incurred prior to termination.
General Provisions.
14.1 For the purpose of this Agreement, time is of the essence.
14.2 Notice. Notice provided for in this Agreement shall be sent by:
14.2.1 Personal service upon the Project Administrators.
14.2.2 Certified mail to the physical address of the parties, or by electronic
transmission to the e-mail addresses designated for the parties below.
14.3 The Project Administrator for the purpose of this Agreement shall be:
14.3.1 For the City:
14.3.2 For the Consultant:
15. Dispute Resolution.
Ahmad Qayoumi, or his/her designee
525 North 3rd
Pasco, WA 99301
Mark Brower, or his/her designee
999 W. Riverside Ave, Suite 500
Spokane, WA 99201
15.1 This Agreement has been and shall be construed as having been made and entered
into and delivered within the State of Washington, and it is agreed by each party
hereto that this Agreement shall be governed by the laws of the State of
Washington.
15.2 In the event of a dispute regarding the enforcement, breach, default, or
interpretation of this Agreement, the Project Administrators, or their designees,
shall first meet in a good faith effort to resolve such dispute. In the event the dispute
cannot be resolved by agreement of the parties, said dispute shall be resolved by
arbitration pursuant to RC W 7.04A, as amended, with both parties waiving the right
of a jury trial upon trial de novo, with venue placed in Pasco, Franklin County,
Professional Services Agreement- "Oreeon Avenue Truck Turning Movements CH2MHILL"
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15.2 In the event of a dispute regarding the enforcement, breach, default, or
interpretation of this Agreement, the Project Administrators, or their designees,
shall first meet in a good faith effort to resolve such dispute. In the event the
dispute cannot be resolved by agreement of the parties, said dispute shall be
resolved by arbitration pursuant to RCW 7.04A, as amended, with both parties
waiving the right of a jury trial upon trial de novo, with venue placed in Pasco,
Franklin County, Washington. The substantially prevailing party shall be entitled
to its reasonable attorney fees and costs as additional award and judgment against
the other.
16. Nonwaiver. Waiver by the City of any provision of this Agreement or any time
limitation provided for in this Agreement, shall not constitute a waiver of any other
similar event or other provision of this Agreement.
17. Integration. This Agreement between the parties consist in its entirety of this document
and any exhibits, schedules or attachments verified by initials as a part of Exhibit A. Any
modification of this Agreement or change order affecting this Agreement shall be in
writing and signed by both parties.
18. Authorization. By signature below, each party warrants that they are authorized and
empowered to execute this Agreement binding the City and the Consultant respectively.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
CITY OF PASCO, WASHINGTON CONSULTANT
ave Za ell, ager CH2MHILL
A TES \1
i
De bte Clark, City Clerk
APPRO S TO FORM:
Leland B. Kerr, City Attorney
Professional Services Agreement- "Oregon Avenue Truck Turning Movements CH2MHILL'
Page 9
EXHIBIT A: STATEMENT OF WORK
CITY OF PASCO, WASHINGTON
OREGON AVENUE (SR -397) CORRIDOR TRAFFIC STUDY & DESIGN
Oversize Truck Turning Movements at the Oregon Avenue / Ainsworth
Street Intersection
INTRODUCTION
This Supplemental Agreement 02 scope of work expands CH21A HILL, Inc.'s (CONSULTANT)
professional engineering services and compensation to conduct oversize truck turning movement
analyses at the intersection of Oregon Avenue and Ainsworth Street and provide
recommendations for intersection controls and special considerations to the City of Pasco (CITY).
This scope of work and fee estimate (Attachment E-1) are based on a 2 -month delivery schedule,
beginning August 1, 2014. CONSULTANT's ability to meet this schedule is contingent upon
timely receipt of information and comments from the CITY (and others, if applicable) and provided
the scope of work progresses as outlined.
CONSULTANT will provide the following services:
TASK 1. CORRIDOR TRAFFIC STUDY AND PRELIMINARY DESIGN
1.1. Contract Management
The CONSULTANT will provide services to manage the contract supplement, manage project
scope, schedule and budget, and other internal management duties.
TASK 2. CORRIDOR TRAFFIC STUDY AND PRELIMINARY DESIGN
2.5. Oversize Truck Turning Movement Analyses
The work includes reviewing oversize truck turning movements at the intersection of Oregon
Avenue and Ainsworth Street and providing recommendations for intersection controls and
special considerations to the CITY.
The Port of Pasco (Port) has identified oversized trucks that are utilized by Port tenants or
otherwise are utilized to access the Port's Big Pasco facilities via the Oregon Avenue and
Ainsworth Street intersection. These vehicles may have turning constraints that are more
restrictive than the WB -67 design vehicle used to prepare the preliminary design intersection
control concepts for this intersection.
The CONSULTANT will conduct a scoping meeting with the CITY, Port and affected
businesses to review oversize vehicle data provided and identify additional vehicles that may
Supplement#2, Exhibit A-1: Scope of Work CNMHtLL
Revised: October 31, 2014 Page 1 of 3 r
warrant consideration, and review the use of these vehicles on the CITY's transportation
network.
The Port has provided dimensions for the following oversize vehicles to the City of Pasco for
consideration:
• Omega -Morgan: 4- truck 'transformer hauler' configuration (389'-11" Overall Length)
• Lampson Crane: Pearshape with 368 and CWT (128'-0" Overall Length)
• Lampson Crane: Truck with Scheuelre Platform Trailer (132'-4" Overall Length)
The CONSULTANT will provide AutoTurn swept path turning analyses of the Lampson Crane
trucks that "commonly" use the Big Pasco facilities. The CONSULTANT will not perform
AutoTurn analyses on the Omega -Morgan 4 -truck 'transformer hauler' configuration, but will
provide input on special considerations for the intersection designs to accommodate extreme
oversized vehicles. The CONSULTANT will provide AutoTurn swept path turning analyses
for up to two additional vehicles identified by the Port in the scoping meeting.
The CONSULTANT will apply Autoturn analyses to both the roundabout and four -leg
intersection control concepts considered for this intersection. The CONSULTANT will
coordinate with the CITY and Port to communicate advantages and disadvantages of each
intersection control method, and any special considerations that may be advisable to consider
the largest'megaload' truck configurations.
The CONSULTANT will prepare a technical memorandum summarizing the swept path
turning analyses and recommendations.
The CONSULTANT will prepare a presentation summarizing the swept path turning analyses
and recommendations and facilitate one meeting with the CITY, Port, and affected
businesses, to review the draft analyses and recommendations.
Task 2.5 Assumptions:
+ The CITY will coordinate with the Port to make design decisions for the intersection
based on CONSULTANT recommendations and other factors.
+ The CITY will coordinate with the Port to provide all oversize vehicle dimensional
characteristics required.
+ CONSULTANT may reasonably rely upon the accuracy, timeliness, and
completeness of the information / data provided by the Port and / or the CITY.
+ Results of the analyses are limited to the Oregon Avenue / Ainsworth Street
intersection only and do not guarantee that vehicles will be able to negotiate the
intersection as predicted.
+ The standard of care applicable to CONSULTANT's Services will be the degree of
skill and diligence normally employed by professional engineers or consultants
performing the same or similar Services at the time said services are performed.
Supplement #2, Exhibit A-1: Scope of Work
Revised: October 31, 2014 Page 2 of 3 Vh CH21MHILL
.r.
CONSULTANT will re -perform any services not meeting this standard without
additional compensation.
Task Z5 Deliverables:
+ Meeting Notes
+ Draft and final Technical Memorandum (.pdf format)
+ Presentation (Microsoft PowerPoint .pptx format, .pdf format)
Supplement #2, Exhibit A-1: Scope of Work
Revised: October 31, 2014 Page 3 of 3 r% CH2MHILL
r
City of Pasco, Washington
Attachment A
Oregon Avenue (SR -397) Corridor Traffic Study & Design
CH2M HILL
Labor Hours (See Attached Labor Summary) 128 $5,199.32
Direct Salary Cost $5,199.32
Direct Salary Escalation Cost (estimated)
2014 to 2015 0% $0.00
Total Direct Salary Cost $5,199.32
Overhead Cost @ 114 16% of Total Direct Salary Cost
Fixed Fee @ 30 0% of Total Direct Salary Cost
Total Overhead & Fixed Fee Cost
Total Labor Cost
$5,935.54
$1,559.80
$7,495.34
$12,694.66
Direct Expenses
No.
Each
Cost
Reports
0
$0.05
$0.00
Misc. copies
0
$0.05
$0.00
Reprographics
4
$40
$160.00
Mail/Deliveries/etc.
0
$15
$0.00
Mileage 0
Mi. @
$0.560 /Mile
$0.00
Auto Rental/Gasoline 2
days @
$85 /day
$170.00
Lodging 0
days @
$110 /day
$0.00
Aerial Photographs
0
$3,000
$0.00
Travel Total (airfare, train, etc)
0
$500
$0.00
Equipment Rentals, EDM, GPS
0
$50
$0.00
Parking
0
$30
$0.00
Per Diem 0
days @
$75 /day
$0.00
Drilling
0
$4,500.00
$0.00
ExcavatinglTest Pit
0
$2,000.00
$0.00
Materials Lab
0
$600.00
$0.00
Total Expenses
$330
Subcontracts
Bernardo I Wills Architects $0.00
Total Subcontracts $0.00
Total Lump Sum Price (Labor, Expenses, Subcontracts) $13,025
Page 1 of 4
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