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034-09 - Resolution - Contract with Shea, Carr and Jewell for the Bethel Roundabout Pre-Design StudyIntroduced by: Requested by: Drafted by: Introduced: Adopted: RESOLUTION NO. 034-09 Public Works Director Public Works Director Public Works Director April14, 2009 Apri114, 2009 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE CONTRACT WITH SHEA, CARR, AND JEWELL, INC. FOR BETHEL ROUNDABOUT PRE- DESIGN STUDY WHEREAS, on March 4, 2009, City Staff interviewed three (3) firms selected from the 2009 Public Works Professional Services Roster by phone and unanimously selected Shea, Carr & Jewell, Inc. for the Bethel Roundabout Pre-Design Study; and WHEREAS, on March 27, 2009, the City of Port Orchard Public Works Department met with Shea, Carr & Jewell, Inc. to define the scope of services; and WHEREAS, Shea, Carr & Jewell, Inc. submitted a Proposal in an amount not to exceed $5,782; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBYRESOLVESAS FOLLOWS: THAT: The City Council authorizes the Mayor to execute a contract, incorporated herein by reference as Exhibit A, with Shea, Carr & Jewell, Inc. for the Bethel Roundabout Pre-Design Study in an amount not to exceed $5,782. PASS ED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such passage this 14th day of April 2009. CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT COPO Contract No. C023-09 THIS Agreement is made effective as of the 14th day of April2009, by and between CITY OF PORT ORCHARD, WASHINGTON ("CITY") 216 Prospect Street Port Orchard, Washington 98366 Contact: Mayor Lary Coppola Phone: 360.876.4407 Fax: 360.895.9029 and Shea, Carr & Jewell, Inc. ("CONSULT ANT") 2102 Carriage Drive SW, Bldg. H Olympia, W A 98502 Contact: Perry Shea, P .E. Phone: 360.352.1465 Fax: 360.352.1509 Tax Id No. 20 -4834444 for professional services in connection with the following Project: Bethel Roundabout Pre-Design Study (in conjunction with Hi-Joy parking lot) TERMS AND CONDITIONS I. Services by Consultant A. Consultant shall perform the services described in the Scope of Work attached to this Agreement as Attachments "A." The services performed by the Consultant shall not exceed the Scope of Work without prior written authorization from the City. B. The City may from time to time require changes or modifications in the Scope of Work. Such changes, including any decrease or increase in the amount of compensation, shall be agreed to by the parties and incorporated in written amendments to the Agreement. 2. Schedule of Work A. Consultant shall perform the services described in the scope of work in accordance with the Schedule attached to this coutract as Attachments "A." If delays beyond Consultant's reasonable control occur, the parties will negotiate in good faith to determine whether an extension is appropriate. B. Consultant is authorized to proceed with services upon receipt of a written Notice to Proceed. 3. Terms. This Agreement shall commence on April 15, 2009 ("Commencement Date") and shall terminate August 31, 2009 unless extended or terminated in writing as provided herein. I of6 4. Compensation TIME AND MATERIALS NOT TO EXCEED. Compensation for these semces shall not exceed $5,782.00 without written authorization. 5. Payment A. Consultant shall maintain time and expense records and provide them to the City monthly, along with monthly invoices in a format acceptable to the City for work performed to the date of the invoice. B. All invoices shall be paid by City warrant within sixty (60) days of receipt of a proper InVOICe. C. Consultant shall keep cost records and accounts pertaining to this Agreement available for inspection by City representatives for three (3) years after final payment unless a longer period is required by a third-party agreement. Copies shall be made available on request. D. If the services rendered do not meet the requirements of the Agreement, Consultant will correct or modifY the work to comply with the Agreement. City may withhold payment for such work until the work meets the requirements of the Agreement. · 6. Discrimination and Compliance with Laws A. Consultant agrees not to discriminate against any employee or applicant for employment or any other person in the performance of this Agreement because ofrace, creed, color, national origin, marital status, sex, age, disability, or other circumstance prohibited by federal, state, or local law or ordinance, except for a bona fide occupational qualification. B. Consultant shall comply with all federal, state, and local laws and ordinances applicable to the work to be done under this Agreement. C. Consultant shall obtain a City of Port Orchard business license prior to receipt of written Notice to Proceed. D. Violation of this Paragraph 5 shall be a material breach of this Agreement and grounds for cancellation, termination, or suspension of the Agreement by City, in whole or in part, and may result in ineligibility for further work for City. 7. Suspension and Termination of Agreement A. This Agreement may be terminated by the City at any time upon the default of the Consultant or upon public convenience, in which event all finished or unfinished documents, reports, or other material or work of Consultant pursuant to this Agreement shall be submitted to City, and Consultant shall be entitled to just and equitable compensation for any satisfactory work completed prior to the date of termination, not to exceed the total compensation set forth herein. Consultant shall not be entitled to any reallocation of cost, profit or overhead. Consultant shall not in any event be entitled to anticipated profit on work not performed because of such termination. Consultant shall use its best efforts to minimize the compensation payable under this Agreement in the event of such termination. If the Agreement is terminated for default, the Consultant shall not be entitled to receive any fm1her 2 of6 payments under the Agreement until all work called for has been fully performed. Any extra cost or damage to the City resulting from such default(s) shall be deducted from any money dne or coming due to the Consultant. The Consultant shall bear any extra expenses incurred by the City in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by the City by reason of such default. B. The City may suspend this Agreement, at its sole discretion, upon one week's advance notice to Consultant. Such notice shall indicate the anticipated period of suspension. Any reimbursement for expenses incurred due to the suspension shall be limited to the Consultant's reasonable expenses, and shall be subject to verification. The Consultant shall resume performance of services under this Agreement without delay when the suspension period ends 8. Standard of Care Consultant represents and warrants that it has the reqUisite training, skill and experience necessary to provide the services under this agreement and is appropriately accredited and licensed by all applicable agencies and governmental entities. Services provided by Consultant under this agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing in similar circumstances. 9. Ownership of Work Product All data materials, reports, memoranda, and other documents developed under this Agreement whether finished or not shall become the property of City, shall be forwarded to City at its request and may be used by City as it sees fit. Upon termination of this agreement pursuant to paragraph 6 above, all finished or unfinished documents, reports, or other material or work of Consultant pursuant to this Agreement shall be submitted to City. City agrees that if it uses products prepared by Consultant for purposes other than those intended in this Agreement, it does so at its sole risk and it agrees to hold Consultant harmless therefore. 10. Indemnification/Hold Harmless Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Consultant, its agents, employees, or sub consultants in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. This indemnification and hold harmless shall apply regardless of whether the claim is brought pursuant to the Worker's Compensation Act, RCW Title 51, or otherwise, and the Consultant waives any immunity whatsoever with respect to such indemnification. 11. 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, its agents, representatives, or employees. 3 of6 A. Minimum Scope oflnsurance Consultant shall obtain insurance of the types described below: l. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 0 l or a substitute fonn providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 0 l or a substitute form providing equivalent liability coverage and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts oflnsurance Consultant shall maintain the following insurance limits: l. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability and Commercial General Liability insurance: l. The Consultant's insurance coverage shall be primary insurance as respect 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. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. D. Acceptability oflnsurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:Vll. E. Verification of Coverage 4 of6 Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. 12. Assigning or Subcontracting Consultant shall not assign, transfer, subcontract or encumber any rights, duties, or interests accruing from this Agreement without the express prior written consent of the City, which consent may be withheld in the sole discretion of the City. 13. Independent Contractor Consultant is and shall be at all times during the term of this Agreement an independent contractor. 14. Notice Any notices required to be given by the City to Consultant or by Consultant to the City shall be in writing and delivered to the parties at the following addresses: Lary Coppola Mayor 216 Prospect Street Port Orchard, W A 98366 Phone: 360.876.4407 Fax: 360.895.9029 15. Disputes Perry Shea, P .E., Principal Shea, Carr & Jewell, Inc. 2102 Carriage Drive SW, Bldg. H Olympia, W A 98502 Phone: 360.352.1465 Fax: 360.352.9205 Any action for claims arising out of or relating to this Agreement shall be governed by the laws of the State of Washington. Venue shall be in Kitsap County Superior Court. 16. Attorneys Fees In any suit or action instituted to enforce any right granted in this Agreement, the substantially prevailing party shall be entitled to recover its costs, disbursements, and reasonable attorney's fees from the other party. 17. Extent of Agreement/Modification This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the parties hereto and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended, modified or added to only by written instrument properly signed by both parties. 5 of6 CITY OF PORT ORCHARD, WASHINGTON By: CONSULTANT By: Name: 'f:~ Title: /-:JIZ/IvOt ML Date: or/z?/!7 7 ' 6 of6 -<;HE~\' CARRJEWELL .. EXHIBIT A SCOPE OF WORK Shea, Carr & Jewell, Inc. Scope of Work Bethel Avenue/Mile Hill Drive Roundabout Pre-Design Study Port Orchard, WA Engineering and Planning Services Prepared for: Mark Dorsey, P.E., Public Works Director Prepared By: Perry Shea, P.E., Principal Date prepared: April 2, 2009 Project Scope The City of Port Orchard has retained Shea, Carr & Jewell, Inc (SCJ) to evaluate the current design geometry and operations of the Bethel Ave/Mile Hill Drive roundabout Intersection. The roundabout was constructed in 1998 and designed to allow for the future conversion to a multi-lane roundabout operation. Since the year of opening of the roundabout, design guidelines and operational elements have advanced that may affect the future two-lane conversion. In addition, the adjacent business owner (bowling alley) to the south has requested that a portion of the unused public right-of-way be vacated for private use. Currently, this ROW area is being used by the bowling alley for parking and site circulation. Given these factors, SCJ will assess the current design and operational elements of the roundabout and will confirm the required geometry to allow for a two-lane conversion in the future. This evaluation will also include recommendations to enhance and/or modify the adjacent driveway access points located in close proximity to the roundabout. The analysis will be summarized in a letter report with a graphic depicting the future two-lane configuration and the ROW area required to accommodate the conversion. This graphic will depict the available ROW that could be vacated to the bowling alley owner as well. The scope of work for this amendment is provided below and lists the primary tasks to accomplish the goals and objectives noted above. Project Tasks Phase 1 -Roundati.out Pre-design Study 1) Obtain available survey and intersection mapping from the City showing current configuration and ROW limits of the project area. Bethel Ave/Mile Hill Rd Pre-design Study City of Port Orchard April 2, 2009 Page 1 d HEA Shea, Carr & Jewell, Inc. A R R Scope of Work ~EWELL .. 2) Conduct evening peak hour turning movement count and prepare traffic flow diagram of the roundabout. Estimate future traffic levels by applying regional growth rate to each approach traffic volume; confirm growth rate with Kitsap County Planning Department. 3) Conduct operational analysis and confirm geometry and lane utilization improvements to accommodate the future traffic levels. 4) Prepare conceptual drawing showing the lane configurations and enhancements to the roundabout geometry. 5) Identify access modifications to the bowling alley and cemetery driveways to accommodate the two-lane operation. 6) Based on the conceptual plan, determine the available excess ROW that could be vacated without jeopardizing the future expansion of the intersection. 7) Prepare letter report (3-4 pages) summarizing the results and findings of the analysis. 8) Submit report to the City for review and comment and incorporate review comments into final report. 9) Meet with City to review final report and documentation. Assumptions/Clarifications: The following assumptions are listed for this phase: • The conceptual plan will be prepared on survey mapping and/or aerial photo supplied by the City. • The existing ROW limits will be provided by the City. • One City meeting is included to present the study, and no formal Council meetings and public meetings are included. Deliverab/es: Shea, Carr & Jewell, Inc. will provide the following deliverables under this phase: • Four copies of the final pre-design study including conceptual plan END OF PROPOSAL N:\marketing\proposals\public\city\port orchard\proposals\Bethel Ave RAB\040209 scopeofwork.doc Cc Marketing folder Bethel Ave/Mile Hill Rd Pre-design Study City of Port Orchard April 2, 2009 Page 2 EXHIBITB Labor Hour Estimate Shea, Carr & Jewell, Inc. Client: City of Port Orchard Project: Bethel Ave/Mile Hill Rd Roundabout Pre-Design Study Job #: proposal File#: N:\Marketing\Proposals\public\city\port orchard\proposai\Bethel Ave RAB\040209 fee estimate.xls Task No. Task Description Phase 1 -Roundabout Pre~Design Study 1 2 3 ; Obtain available survey and intersection mapping Conduct evening peak hour count, prepare graphic and estiamte future trafifc levels Pnnclpal Engineer 0.5 Senior Project Manager Project Engineer 1.5 I I Engineen·ng Tech II Traffic Analyst 4.0 • 0 Project Coord II Total Hours 2.0 4.0 6.0 : Condcut oper.;~tional analysis, confirm lane geometry ! I ---~--0 j 1 requirements 1 1 I · .... i ---------------------------------------------------------+-------------, ------------ji-----J---1 I Prepare conceptual drawing , 1.0 II i 10.0 I 2.0 13.0 ' ' I I . I 4 5 , Identify access modifications to adjacent properties 1.0 ! 2.0 I 1.0 4.0 6 :Determine availble excess ROW I . 2.0 I 1.0 3.0 3.0 · 1' ~--: I I Prepare letter repo~ --------------------------1~~ ' J~--~ 2.0 1.0 ~ I I 2.0 ! 1.0 I I 7 8 Submit report and incorporate city reivew comments -------------------------I i . I I 1.5 i 9 :Meet with city to reivew final report 1.5 3.0 Phase 2 Total Hours:,: 5.0 I I 25.0 i 6.0 10.0 46.0 Total Hours All Phases: 5.0 25.0 6.0 10.0 46.0 Shea, Garr Jewell, Inc. 1 of 2 4/3/2009 ······--·--------------· ·•·•· -----·----. -----·-·····--------------------------~- Consultant Fee Estimate Shea, Carr & Jewell, Inc. Client: City of Port Orchard Project: Bethel Ave/Mile Hill Rd Roundabout Pre-Design Study Job#: proposal File#: N:\Mar1<eting\Proposals\public\city\port orchard\proposai\Bethel Ave RAB\040209 fee estimate.xls Consultant Fee Detennination DIRECT LABOR REVENUE Discioline Hours ~ Amount Principal Engineer 5.0 $195 $975 Senior Project Manager 0.0 $143 $0 Project Engineer 25.0 $123 $3,075 Engineering Tech II 6.0 $85 $510 Traffic Analyst 10.0 $80 $800 Project Coordinator II 0.0 $90 $0 (* Rate includes direct salary, overhead and fee) Subtotal SC&J: 46 $5,360 INDIRECT COSTS Expenses: Copies, Reproductions, etc (2.5% of fee) $134 Data collection (TraffiCount) $200 Mileage-150 $88 Total Expenses; $422 __ I9_tal E~Jmated _fee: ---------$5 782 Shea, Carr & Jewell 2 4/3/2009