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HomeMy WebLinkAboutHDR Lewis Street Overpass -13007 - PSAORIGINAL PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into between the City of Pasco, hereinafter referred to as the "City", and HDR Engineering, Inc. hereinafter referred to as the "Consultant". WHEREAS, the City desires to engage the professional services and assistance of a consulting firm to provide land acquisition and relocation services with respect to the Lewis Street Overpass project. NOW, THEREFORE, in consideration of mutual benefits accruing, it is agreed by and between the parties hereto as follows: 1. Scope of work. The scope of work shall include all services and material necessary to accomplish the above mentioned objectives in accordance with Exhibit A. 2. Ownership and use of documents. All research, tests, surveys, preliminary data and any and all other work product prepared or gathered by the Consultant in preparation for the services rendered by the Consultant shall not be considered public records, provided, however, that: A. All final reports, presentations and testimony prepared by the Consultant shall become the property of the City upon their presentation to and acceptance by the City and shall at that date become public records. B. The City shall have the right, upon reasonable request, to inspect, review and, subject to the approval of the Consultant, copy any work product. C. In the event that the Consultant shall default on this Agreement, or in the event that this contract shall be terminated prior to its completion as herein provided, the work product of the Consultant, along with a summary of work done 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 contract. The summary of work done shall be prepared at no additional cost, if the contract is terminated through default by the contractor. If the contract is terminated through convenience by the City, the City agrees to pay contractor for the preparation of the summary of work done. I Pavments. The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter. 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 work. A. Payment for work accomplished under the terms of this Agreement shall be on a time and material basis as set forth on the fee schedule found in Exhibit A, provided, in no event shall the payment for all work performed pursuant to this Agreement exceed the sum of $442,000 without approval from the City. B. All vouchers shall be submitted by the Consultant to the City for payment pursuant to the terms of this Agreement. The City shall pay the appropriate amount for each voucher to the Consultant. The Consultant may submit vouchers to the City monthly during the progress of the work for payment of completed phases of the project. Billings shall be reviewed in conjunction with the City's warrant process. C. The costs records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City for a period of three (3) years after final payment. Copies shall be made available upon request. 4. Time of performance. The Consultant shall perform the work authorized by this Agreement promptly and strive to have all work completed within 16 months. 5. Hold harmless agreement. hi performing the work under this contract, the Consultant agrees to defend the City, their officers, agents, servants and employees (hereinafter individually and collectively referred to as "Indemnitees"), from all suits, claims, demands, actions or proceedings, and to the extent permissible by law, indemnify and hold harmless the Indemnitees from: A. All damages or liability of any character including in part costs, expenses and attorney fees, based upon, any negligent act, error, or omission of Consultant or any person or organization for whom the Consultant may be responsible, and arising out of the performance of professional services under this Agreement, and B. All liability, loss, damage, claims, demands, costs and expenses of whatsoever nature, including in part, court costs and attorney fees, based upon, or alleged to be based upon, any act, omission, or occurrence of the Consultant or any person or organization for whom the Consultant may be responsible, arising out of, in connection with, resulting from or caused by the performance or failure of performance of any work or services under this Agreement, or from conditions created by the Consultant performance or non-performance of said work or service. 6. General and professional liabilitv insurance. The Consultant shall secure and maintain in full force and effect during performance of all work pursuant to this contract a policy of comprehensive general liability insurance providing coverage of at least $500,000 per occurrence and $1,000,000 aggregate for personal injury; $500,000 per occurrence and aggregate for property damage; and professional liability insurance in the amount of $1,000,000. Such general liability policies shall name the City as an additional insured and shall include a provision prohibiting cancellation of said policy, except upon thirty (30) days written notice to the City. The City shall be named as the certificate holder on the general liability insurance. Certificates of coverage shall be delivered to the City within fifteen (15) days of execution of this Agreement. 7. Discrimination prohibited. Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, national origin or physical handicap. 8. Consultant is an independent contractor. The parties intend that an independent contractor relationship will be created by this Agreement. No agent, employee or representative of the Consultant shall be deemed to be an agent, employee or representative of the City for any purpose. Consultant shall be solely responsible for all acts of its agents, employees. representatives and subcontractor during the performance of this contract. 9. Citv approval. Notwithstanding the Consultant's status as an independent contractor. results of the work performed pursuant to this contract must meet the approval of the Citv. 10. Termination. This being an Agreement for professional services, either party may terminate this Agreement for any reason upon giving the other party written notice of such termination no fewer than ten (10) days in advance of the effective date of said termination. 11. Integration. The Agreement between the parties shall consist of this document and the Consultant's proposal attached hereto. These writings constitute the entire Agreement of the parties and shall not be amended except by a writing executed by both parties. In the event of any conflict between this written Agreement and any provision of Exhibit A, this Agreement shall control. 12. Non -waiver. 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 provision. 13. Non -assignable. The services to be provided by the contractor shall not be assigned or subcontracted without the express written consent of the City. 14. Covenant against contingent fees. The Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award of making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 15. General Provisions. For the purpose of this Agreement, time is of the essence. Should any dispute arise concerning the enforcement, breach or interpretation of this Agreement, venue shall be placed in Franklin County, Washington, the laws of the State of Washington shall apply, and the prevailing parties shall be entitled to its reasonable attorney fees and costs. 16. Notices. Notices to the City of Pasco shall be sent to the following address: City of Pasco P. O. Box 293 Pasco, WA 99301 Notices to the Consultant shall be sent to the following address: HDR Engineering, Inc. 2805 St. Andrews Loop, Suite A Pasco, WA 99301 Receipt of any notice shall be deemed effective three (3) days after deposit of written notice in the U. S. mails, with proper postage and properly addressed. DATED THIS _� DAY OF 2010. CITY OF PASCO CONSULTANT: /fJd' Z-,ICl itis By:dov'CA B •.",/ Jov Ol n, Mayor ignature Printed Name and Title JD -t> /77/ W Z' /",I ATTEST: � 006 Debra L. Clark, City C er Z �gR-VtcE /OALi£si6f-A%T APPROVED AS TO FORM: Leland B. Kerr, City Attorney PROPOSAL CITY OF PASCO LEWIS STREET OVERCROSSING WORK PLAN APPROACH We look forward to tailoring specific processes to comply with the City's policy, procedure, and preferences. The success of a project often hinges on the planning effort at the front end. Our managers believe in comprehensive planning before negotiations commence. Our project managers will plan and manage the right-of-way services for this project. Our managers have years of experience coordinating with governmental agencies, and will strategize and coordinate the project thoroughly from the beginning, including all scheduled steps to make certain all Federal and State guidelines are followed. The project team will work closely with the City to develop or refine acquisition, relocation and survey plans, including a detailed schedule with specific tasks and assignments based upon a detailed Scope of Work. During the planning period, systems will be set up in accordance with the City preferences, and all team members will learn their roles and responsibilities in the context of the project, as well as the City's expectations. All team members will also become familiar with the City's internal processes, as well as the City's right-of-way policy and procedures manual. A system of communications will be established. A meeting schedule will be set-up at the beginning of the planning stages, and meetings will occur regularly to keep the project on track. We are confident that we can achieve all project goals through up -front planning to streamline the acquisition and relocation processes. The HDR project managers, in coordination and conjunction with the City Project Manager, will develop acquisition and relocation plans with defined process, reporting, and formatting structures that provide guidance to the right of way team. HDR will provide an experienced team of talented professionals who will work together to find targeted solutions and achieve City goals. HDR agents have experience working on acquisition and relocation projects requiring compliance with the Uniform Act, and in particular with FHWA regulations. HDR requires agents to maintain detailed time records and diaries, and adopts internal procedures, policies, and standards to match specific client requirements and demands. Strong priorities are professionalism, client confidentiality, and highest quality service which exceeds expectations. As your Right of Way Consultant, we perceive that our main functions will be: (1) To ensure that all work is performed according to City direction and preferences (2) To manage the contract, budget and schedule (3) To manage data according to City preferences (4) To ensure follow-through on our team's commitments. HDR manages its own subconsultants and provides all necessary acquisition and relocation services, document tracking and management services. HDR's managers will work closely with the City's Project Managers to discover ways to provide assistance, offer recommendations whenever challenges are presented, and to check in on progress and satisfaction with HDR performance. Specific tasks performed by our HDR project managers include: • Meet with City Project Managers, project design teams, right of way team members and sub consultants to ensure compliance with City policies and procedures and State and federal requirements for funding, to ensure project is on schedule and within budget, to manage QA/QC issues and to report on project progress and resolve specific issues and problems. We anticipate three in-person meetings. • Attend up to six project meetings • Monitor and update the project schedule as it relates to right-of-way acquisition and relocation • Attend up to two public meetings • Prepare a Right-of-way Appraisal Acquisition Plan, if necessary • Prepare and maintain tracking and status documents in a form satisfactory to the City • Prepare agendas and meeting minutes for all meetings involving Right of Way personnel The following section describes our proposed work plan for completing tasks that we anticipate would be identified in a detailed Scope of Work. ACTIVITIES TO BE UNDERTAKEN IN COMPLETING THE PROJECT Following are the activities that HDR would undertake sequentially and/or concurrently to complete a Scope of Work for the City of Pasco Lewis Street Overcrossing Project. Our present understanding is that a Scope of Work for right-of-way services for the Lewis Street Overcrossing Project for the City of Pasco would include acquisition and negotiation, relocation assistance, right-of-way certification. All acquisitions and relocations would be performed in accordance with Federal Laws, State Laws, and local requirements and procedures. Task 1 -Title • Review title reports obtained by the City of Pasco and prepare a report for each parcel recommending which exceptions should be retained and which cleared • Prepare draft legal documents to convey the necessary interests for review and approval by City legal counsel. Task 2- Appraisals for up to 25 parcels with 15 owners, not including City owned properties • Contract an acceptable and qualified appraisal firm and manage the appraisal process • Prepare a Project Funding Estimate conforming to WSDOT LAG standards using available public information and records and comparable sales data gathered in the appraisal process • Prepare Administrative Offer Summaries for uncomplicated, low cost acquisitions in compliance with approved WSDOT standards for the City of Pasco • Coordinate the format, appraisal problem, and timeline for the necessary appraisals with the appraisal subcontractor from the outset to maintain project schedule • Provide title information and exhibit maps identifying each acquisition to appraisal subcontractor for their use in appraising each parcel • Ensure that all appraisals meet state and federal requirements • Ensure that all appraisals meet requirements to be acceptable for use in eminent domain proceedings Task 3- Appraisal Review for up to 25 parcels with 15 owners, not including City owned properties • Contract an acceptable and qualified appraisal reviewer and manage the appraisal review process for 15 appraisals • Forward completed appraisals to review appraiser in coordination with the project schedule • Prepare Determination of Value for the City's review and signature Task 4- Acquisition & Negotiation for up to 25 parcels with 15 owners, not including City owned properties • Prepare offer letters and all other acquisition documents in compliance with State and Federal Laws, utilizing forms approved by the City, for up to 15 separate owners on 25 parcels • Coordinate the appraisal inspection with the appraiser, property owner and tenants to identify what is real property and personal property and establish ownership of each for appraisal acquisition and relocation purposes • Present all offers in person, when feasible • Make a maximum of 4 significant personal contacts with each owner with the intent of reaching settlement for the conveyance of the property rights needed • Manage the closing process for each acquired parcel including title clearance assistance, processing of signed documents and facilitating payments • Prepare condemnation packages as required for transmittal to the City legal counsel when negotiations have reached an impasse • Maintain current and detailed negotiator's logs for each parcel • Provide a Negotiator's Disclaimer for each parcel upon transmittal • Prepare organized closing packages containing all pertinent documents and forms for transmittal Task 5 -Relocation Plan for up to 15 displaced businesses, NPOs and landlords • Interview each identified displaced person, business, public agency or owner of personal property to ascertain their needs, issues, operational circumstances and concerns • Prepare appropriate documentation of all interviews using City approved forms and formats • Prepare a Relocation Plan including, but not limited to, identifying all displaced parties and their needs, discussing present living or operational situations, identifying potential relocation problems and suggesting solutions, researching appropriate real estate markets and associated information for available replacement housing or commercial sites, discussing the availability of adequate replacement housing or sites, and estimating relocation costs • Submit a completed Relocation Plan, together with photos and completed relocation interview forms, to the City for review and approval • Assure Relocation Plan is submitted to WSDOT for review and approval Task 6- Relocation Assistance for up to 15 displaced businesses, NPOs and landlords • Prepare and deliver all required relocation notices including at least General Notices, Eligibility Notices and 90 Day Assurances • Provide ongoing and appropriate relocation advisory services to all displaced parties to industry standards • Provide relocation assistance services to displaced parties including, but not limited to, calculations of relocation payments, assistance with filing claims and move monitoring • Provide complete file and documentation upon completion of each relocation case Task 7- Certification • Provide certification memo, quality control review of all acquisition and relocation files and attend WSDOT certification review, if needed In addition, HDR could provide additional services to the City of Pasco as described below. Any such additional services would have to be considered as additions to the proposed general scope of work described above and are not included in the attached cost estimate. Other Right -of -Way Support Services • Manage the process to provide surveys and prepare right-of-way plats and legal descriptions as required • Manage the process to provide environmental services for Phase I and possible Phase II Environmental Assessments to assist in the valuation of properties • Assist in securing and managing construction subcontractor to perform curative work as required • Provide services for the relocation of utilities needing to be moved for the project • Provide security and property management assistance, including patrolling, fencing and boarding -up of various City properties • Provide Spanish translation services • Provide a secured, online project tracking database with customized information for the client • Provide additional assistance for acquisition and/or relocation cases for owners and displacements that have extraordinary situations due to unfavorable credit, criminal histories and disability challenges that will require more than industry standard efforts • Estimate and scope assumes standard commercial appraisals. Additional appraisal work and expert witness fees are billed separately as additional support services Cost Estimate for Services An estimate for HDR Engineering to provide complete right of way acquisition and relocation services for the City of Pasco Lewis Street Overcrossing Project is attached hereto as Exhibit "A". This estimate provides a full service of right of way tasks and costs for delivery of your proposed project. § a!§7529§§ gl0a0 2@aWMN° , K � 2p22q NWM x# w| mr2 ; § k |�2 � ! 7 { `k || |W M \ k$$§)k(§k ®®/ k 2| | \! - E # ! | `` 4®i kB§d"Mm !I §§ � §�k G !,� !!/ ;■~ 16 k-2 )\ )(§:\, }�| 7 /! � !e§! !2}!$��:2 ■_£� �\\! ,,! \ )(/ ;;k\ 7 Re 0 ))) •` :! -cr °! &!!!!k!2}a !q a February 24, 2010 Julie Valdez City of Pasco 525 N. 3`d Ave. Pasco, WA 99301 RE: Professional Services Agreement— Lewis Street Overpass Project Dear Ms. Valdez: Enclosed is one executed original of the Professional Services Agreement between the City of Pasco and HDR Engineering, Inc. forlandacquisition and relocation services. I have also enclosed a copy of our insurance certificate for your files. If you have any questions or concerns, please feel free to contact me at 425-921-1014 or cadence.kerr@hdrinc.com. Sincerely, HDR ENGINEERING, INC. Cadence Clybome Kerr Business Manager HDR.IPHAROS - - 123 Second Avenue South Phone: J4251744.74A9- HOREngineering, inc. PO Box 1569 - Fax: 14251744-1400 Edmonds, WA 98020-9457 - - nww.hdrinc.com - l ® �`� v CERTIFICATE OF LIABILITY INSURANCFm DATE (MMIDD/YYYY) 2010 2/3/2010 PRODUCER Lockton Companies, LLC -1 Kansas City THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 444 W. 47th Street, Suite 900 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Kansas City MO 64112-1906 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. s16)960-9000 INSURERS AFFORDING COVERAGE NAIC # INSURED HDR ENGINEERING, INC. INSURER A: Hartford Fire Insurance Company 19682 1013472 8404 INDIAN HILLS DRIVE INSURERS: Allied World National Assurance Company 10690 OMAHA NE 681144049 INSURER C: New Hampshire Insurance Com 23841 NSUNEN D: Insurance Company of the State of PA 19429 INSURER E: Zurich American Insurance Company 16535 COVERAGES HDRINOI SA THISCNSURERB),AAUTHDRI D REFROIaWRTVE ORNOTC0MOD CERA D THE LERTFIGATE HOLDER. THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRm POLICY EFFECTIVE POLICY EXPIRATION LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MMIn DATE MMIDD LIMITS GENERAL LIABILITY EACH OCCURRENCE 1,000,000 DAMAGE TO RENTED PREMISES aoccurrence) $ 1,000,000 A X COMMERCIALGENER UABILITy 37CSE UO950 Q 6/1/2009 6/12010 CLAIMS MADE O OCCUR MED EXP (My oneperson) $ 10,000 PERSONAL a ADV IWURY $ 1,000,000 X Contractual Liab. GENERAL AGGREGATE $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY X PRO- X LOC JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 21000,000 A XANy AUTO 37CSE000951 (AOS) 6/1/2009 6/1/2010 (Ea accident) A ALL OWNED AUTOS 37CSE000952 (HI) 6/1/2009 6/1/2010 BODILY IWURY $ (Per XXXXXXX SCHEDULED AUTOS Person) X HIRED AUTOS BODILY INJURY X NON -OWNED AUTOS (Per accident) $ XXXXXXX PROPERTY DAMAGE (Per accident) $ XXXXXXX GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ XXXXXXX ANY AUTO NOT APPLICABLE OTHERTHAN EA ACC $ XXXXXXX AUTO ONLY: AGG $ XXXXXXX EXCESS/ UMBRELLA LIABILITY EACH OCCURRENCE $ 1000000 B X OCCUR CLAIMS MADE 0012177/001 6/1/2009 6/1/2010 AGGREGATE $ 1,000,000 $ XXXXXXX PROF. LIAB) UMBRELLA(EXCLUDES $ XXXXXXX DEDUCTIBLEX FORM - 1$ XXXXXXX X RETENTION $ 0 1 WORKERS COMPENSATIONWC STATU- OTH- C AND EMPLOYERS' LIABILITY YIN 3621195 (ADS) 6/1/2009 7/1/2010 'X TORY LIMITS E.L. EACH ACCIDENT $ 1,000,000 D ANY PROPRIETORIPARTNEWEXECUTIVE 3621196 (CA) 6/1/2009 7/12010 OFFICER/MEMBER EXCLUDED: N E.L. DISEASE - EA EMPLOYE $ 1,000,000 (Mandatory In NH) If yes, desorE under E.L. DISEASE -POLICY LIMIT $ 1,000,000 SPECIAL PROVISIONS Lel. E OTHER EOC9260026-02 6/1/2009 6/1/2010 PER CLAIM: S1,000,000. AGG: ARCHS & ENGS $1,000,000. PROFESSIONAL LIABILITY DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS RE: LEWIS STREET LAND ACQUISITION/RELOCATION SERVICES. THE CITY OF PASCO IS NAMED AS ADDITIONAL INSURED ON GENERAL LIABILITY AS PER WRITTEN CONTRACT, ON A PRIMARY, NON-CONTRIBUTORY BASIS. WAIVER OF SUBROGATION APPLIES WHERE, APPLICABLE BY LAW. 10787289 SHOULDANYOFTHEABOVE CITY OF PASCO DATE THEREOF, THE ISSUING INSURER WILLXNXVa"* MAIL 30 DAYS WRITTEN ATTN: ROBERT 1. ALBERTS NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, X00,"F]$OU7[aEXO(EGCS6®BALC PO BOX 293](INIXHBOMJQRaC0191i8SX77dMiBfp[YOaf PASCO WA 99301 71amejmelmoiw L AU RESENTA ACORD 25 (2009/01) 0 1988-20W A0ORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Fer y,recaam rpFMlrg ISb cerlXbN, ceMacl lM nunMr IINM In IM'ReEu[nY FMIm aOOFF mE FgcXy rM tlNM maa'HNIIN01'.