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HomeMy WebLinkAbout1133 ResolutionRESOLUTION NO. Z3 A RESOLUTION RELATING TO TRAFFIC SIGNALS AND AUTHORIZING THE EXECUTION OF A CONSULTANT AGREEMENT WITH URS FOR DESIGN SERVICES ASSOCIATED WITH THE CONTRUCTION OF TRAFFIC SIGNALS. WHEREAS, the City desires to construct new traffic signals in the City of Pasco, and WHEREAS, it is necessary for the City to retain the consulting services of an engineer in connection with the preparation of plans, specifications, bid documents, and cost estimates for construction of said traffic signals, and WHEREAS, URS Company, a corporation of the State of Washington, has warranted that it is qualified to render such consulting services to the City of Pasco and the staff of the City of Pasco recommends execution of a contract with URS Company; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF PASCO: That the appropriate officials of the City of Pasco be and are hereby authorized to enter into an agreement with URS Company for the purpose of preparing plans, specifications, bid documents and cost estimates for the construction of traffic signals in the City of Pasco, said agreement to be substantially in the form of the agreement attached hereto and by this reference incorporated herein, with the exception that the City shall expend no more than Sixteen Thousand Five Hundred & 00/100 ($16,500.00) Dollars for the contract and said Sixteen Thousand Five Hundred & 00/100 ($16,500.00) shall be full compensation for a guaranteed finished product acceptable to the City of Pasco and the State of Washington Department of Transportation, totally complete, ready and approved to call for bids thereon. PASSED by the Council of the City of Pasco this 21st day of November 1977. JM Tidrick, Mayor ATTEST: Evely ls, D uty City Clerk By: Peggy Mewes; Clerk's Representative APPROVED AS TO ORM: Michael E. Coop , City Attorney E10 /6ritl� 70 ClTy CGE•�.0 �GEA�SE �li�.�E 11=0 --le owe December 27, 1977 Copy U RS TAd-.,`, / AN IWORNATIONAL PROFESSIONAL SERVICES ORGANIZATION URS COMPANY E SPOKANE N. 1522 WASHINGTON STREET LAS VEGAS SUITE 209, SPOKANE, WASHINGTON 99201 LASKA PORTLAND TEL: (509) 326-6650 SAN FRANCISCO DENVER DALLAS KANSAS CITY NEW ORLEANS NEW YORK WASHINGTON, D.C. SAN MATEO HONOLULU HONG KONG City of Pasco Department of Community Development P.O. Box 293 Pasco, Washington 99301 Attn: Mr. Jim Ajax, Director Re: City of Pasco Traffic Signals Improvements and Additions Dear Jim: We are herewith returning the signed original contract document to you. Sincerely, DENNIS M. SCOTT, P.E. Vice President jj Enclosure - DEC 121977 POST OFFICE BOX 293 1 PASCO, WASHINGTON 99301 December 8, 1977 Mr. Dennis M. Scott vice President URS Company N. 1522 Washington Street Suite 209 Spokane, Washington 99201 Re: City of Pasco Traffic Signals Improvements and Additions FAM (5) and FASP (3) Dear Dennis, FCP 'JeD - --1 - 7977 (j. � CCWANY Transmitted herewith are three contract documents executed by the city together with Resolution No. 1133 which provided the authorization for such execution. Please note that the resolution does specifically call for a guaranteed finished product acceptable to the city and state with $16,500 being the full compensation for such. Upon your execution of the contract documents please return one original to the city. Within the constaints of the resolution upon your execution of the contract you are hereby.authorized to proceed. Yours sincerely, aAjax, ctor rtment f Community Development JA:ocw enclosures (3) November 10, 1977 MEMORANDUM TO: GEORGE D. SMITH, City Manager 1 FROM: JIM AJAX, Director 1q, (OC -0) Department of Community Development SUBJECT: Proposed Consultant Contract for Design Services associated with 8 Traffic Signal Installations Attached is a proposed contract with URS for design services associated with construction of eight traffic signals. Staff has reviewed the contract and finds it acceptable. The fee for this service although not shown would be $16,500 - LUMP SUM. The only modification in acception the contract staff is recommending would be a catch all statement indicating the $16,500 is full compensation for a guaranteed finished product acceptable to the City and Washington State Department of Transportation totally complete and ready and approved to call for bids on. attachment: contract CONTRACT FOR ENGINEERING SERVICES- FOR CITY OF PASCO, WASHINGTON THIS CONTRACT, made and entered into this �� s� day of 19.77 , by and between PASCO, WAS a municipal corporation hereinafter referred to as the CITY, and URS COMPANY, a corporation of the State of Washington, hereinafter referred to as the ENGINEERS, recites that WHEREAS, the CITY desires to construct new traffic signals at the following locations t funded with Federal Aid Urban (FAM) funds; 1) West Lewis Street and 3rd Avenue 2) West Lewis Street and 4th Avenue 3) West Lewis Street and 5th Avenue 4) West Clarko Street and 4th Avenue 5) Sylvester Street and 4th Avenue and, - WHEREAS, the CITY desires to construct new traffic signals at the following locations to be funded with Federal Aid Salty Project (FASP) funds: 1) West Clark Street and 3rd Avenue 2) Sylvester Street and 5th Avenue 3) Court Street and 5th Avenue and, WHEREAS, the CITY desires to retain the ENGINEERS for engi- neering services in connection with the preparation of plans, specifications, bid documents, and cost estimates for the con- struction of said traffic signals.. NOW, THEREFORE, IT IS MUTUALLY AGREED between the CITY and the ENGINEERS that the terms and conditions under which this contract will be effective are as follows: The CITY hereby employs the ENGINEERS to perform the engineering work required and ordered by the CITY, for the design of said traf- fic signal systems. II. The ENGINEERS accept such employment and agree to perform, according to the best of their ability and skill, the requested engineering services for the design of the work described in the authorizations of the CITY, to advise the CITY in engineering matters pertaining to the project, and to perform such other services that the CITY may authorize. All work will be done under the supervision of the City Engineer. The engineering services to be performed by the ENGINEERS in the design of traffic signal systems will be the following: 1. Project Administration and coordination with the City Engineer and coordination with the Public Utilities. Attend four (4) meetings with the CITY for project re- views and three (3) meetings with the CITY and the State for project reviews. 2. Obtain from the CITY and review data on traffic counts and project sites. Conduct manual peak -hour turning,.. movement counts at two (2) locations. .3.. Prepare preliminary designs, including phasing and controller requirements utilizing previously prepared, designs for intersections of West Lewis Street and 3rd Avenue, West Lewis Street and 4th Avenue, West Lewis Street and 5th Avenue, and West Clarke Street and 4th Avenue. 4. Prepare final plans including wiring diagrams for eight (8) traffic signals. Submit forty (40) reduced copies to the CITY. 5. Prepare specifications including Federal Aid require- ments and contract documents. Submit forty (40) copies to the CITY. 6. . Prepare cost estimate for the work to be performed. Submit four (4) copies to the CITY. 7. Prepare time -space diagrams for morning, afternoon, and off-peak traffic conditions and develop and tabulate con- troller inputs for initial settings. Visit site once ` to observe operation. IV. Payment to the ENGINEERS for services specified in paragraph III shall be a lump sum amount of $ ✓�®®� A� which shall be paid to the ENGINEERS.in accordance with the following schedule: 1.. An amount equal to 15% of the fee on Notice to Proceed. 2. An amount equal to 50% of the fee, less previous payments, upon completion of 60% of the design work. 3. An amount equal to 90% of.the fee, less previous payments, upon completion of the plans, specifications, and cost estimates. 4. An amount equal to 100% of the fees, less previous payments, upon award of contract. It is estimated that the work can be completed in 150 calendar days from the date the CITY. If the by conditions beyo; cause of the delay a revised estimate project and submit of ENGINEERS' receipt of Notice to Proceed from ENGINEER is delayed in performance of his.services ad his control, he shall notify the: CITY of the` - anticipated. The ENGINEERS shall then prepare of time and compensation needed to complete the'' the revision in writing to the CITY for approval. V. Special engineering services which are outside the scope of basic engineering services described above and which are indeterminate at this time as to scope,, complexity, and timing, shall be performed upon the specific direction of the CITY, and shall be paid for in accordance with paragraph VI. Such services shall include but not be specifically limited to the following: 1. Additional meetings with the CITY and/or the State beyond those specified in paragraph III above including attendance at bid opening. 2. Pr ration of contract drawings and specifications for str licihtinct improvements. 3. Land surveys, establishment of property easements, boundaries and monuments, and related office compu tations and drafting. 4. Additional copies of documents above the specified number furnished in the basic services. 5. Assistance in the preparation of applications for the CITY for the proposed project. 6. ENGINEERS' services required in connection with the funding agency's financial audits of ENGINEERS' records. 7. On-site observation during construction. VI. Payment to the ENGINEERS for services set forth in para- graph V above shall be an amount egual to the ENGINEERS' salary costs as defined in t latest issue of American Society of Civil Engineers Manual No. 45, times a factor of 2.25 plus out-of- pocket expenses of the ENGINEERS incurred in the direct interest of the project at actual invoice charge times a factor of 1.10. Out-of-pocket expenses are defined as all costs, other than payroll costs, which are directly attributable to the work. They shall include items such as travel and related expenses, directly applicable technical expenses, telephone, electronic computer and power typing equipment charges, blueprinting, postage, and such other items of expense incurred in the direct interest of the project. Payment shall be made monthly upon receipt and approval of the ENGINEERS' invoice. VII. .Since the CITY, as well as other governmental agencies, can or may later be able to adversely affect the ENGINEERS' cost through application of new additional taxes or charges (for instance, a sales tax on professional services, an income tax, - additional business and occupation taxes, additional FICA taxes, etc.), amounts due the ENGINEERS will be increased equitably to compensate for any additional taxation charges over'those currently in effect. VIII. In the event an invoice remains unpaid for more than sixty• (60) days beyond the invoice date, the CITY shall within thirty (30) days thereafter cause to be issued warrants payable to the ENGINEERS for the amount of such billings, said warrants to bear interest at 9% per annum from date of first invoice, and by their terms to be payable from any funds available to the CITY.. If said warrants are not paid within one (1) year of their issue date, the CITY agrees to issue bonds in an amount equal to the said warrants plus accrued interest thereon. These bonds.will be delivered to the ENGINEERS in payment of the services described in this contract. Said bonds shall bear interest at the rate of 9% per annum, be payable from any funds available to the CITY, and'mature and be redeemed by the CITY not later than three (3) years of their delivery date, or at such time that the CITY issues additional bonds, whichever sooner occurs. IX. Since the ENGINEER has no control over the cost of labor, materials, or equipment, or over. the Contractor's methods of determining prices, or over competitive bidding or market conditions, his estimates of cost for the project provided for herein are to be made on the basis of his experience and qualifications and represent his best judgment as a design professional familiar with the construction industry; but the ENGINEER cannot and does not .:. guarantee that proposals, bids or the project construction cost will not.vary from cost estimates prepared by him. X. During the Design Phase, the ENGINEER will exercise his best judgment in making design decisions, including those related to State and Federal safety requirements. Because, however, the material and information concerning such safety requirements is not, for design purposes, will indexed and documented, is in a constant state of flux, is being and will be in the future subject to interpre- tation by agency representatives., the ENGINEER does not guarantee that the facilities, as designed or subsequently constructed, will comply with such requirements. During the construction phase, through.on-site observations of the work in progress and field checks of materials and.equip- ment by the resident project representative (if furnished) and assistants, the ENGINEER will endeavor to provide protection for., the CITY against defects and deficiencies in the work; but the furnishing of such resident project representation shall not make. the ENGINEER responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions or programs, or for the contractor's failure to perform the construction work.:. in accordance with the contract documents. XI. It is agreed that the ENGINEERS have no duties relating to the safety of persons and property on and about the construction site. In order that the CITY and the ENGINEERS may be fully protected against claims in this regard, the CITY agrees to require that all contractors and subcontractors working directly or indirectly in the project provide prior to commencement of work of any kind, a separate policy of insurance covering public liability, death and property damage naming the CITY and the ENGINEERS, and their officers, employees and agents as insured, and that said contractor and subcontractors.shall maintain such insurance in effect and bear all costs for the same until completion and acceptance of the work. Certificates of said insurance shall be. delivered to the CITY and to the ENGINEERS as evidence of compliance with this provision. XII. This contract may be terminated by either party upon thirty (30) days written notice, by registered mail, mailed to the other party at his usual place of business. In the event this contract is terminated by the ENGINEERS, the CITY will be entitled to reimburse- ment of reasonable costs occasioned by such termination. In the event the CITY terminates this contract, the CITY will pay the ENGINEERS for work performed an amount equal to the ENGINEERS salary costs times a factor of 2.25 plus out-of-pocket expenses incurred in the direct interest of the work times a factor of 1.10. If any work covered by this agreement shall be suspended or abandonded by the CITY before the ENGINEERS have completed the plans and specifications, the ENGINEERS shall be paid for services performed, down to the time of such termination or suspension, an - amount equal to the ENGINEERS' salary costs times a factor of 2.25 plus direct out-of-pocket expenses incurred in the direct interests of the work times a factor of 1.10. XIII. The CITY, to the extent permitted by law to such municipal corporations, and the ENGINEERS, each bind themselves, their partners, successors, executors, administrators, and assigns to the.other party to this agreement and to the partners, successors, executors, administors, and assigns of such other party in respect to all covenants to this agreement. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. APPROVED: CITY OF PASCO 900 1--.. ��� ATTESTED City Clerk APPROVED AS TO FORM: City Attorney APPROVED: URS COMPANY W"r