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04-057.00 David Evans & Associates: Traffic Engineering SvcsCITY OF SPOKANE VALLEY CONTRACT AUTHORIZATION Submitting Dept: Public Works Date: December 17, 2004 Budget Account No: 101.042.000.542.10.41.05 CONTRACT TOPIC: Procurement of professional engineering services related to traffic engineering. CONTRACT BACKGROUND: In October 2004, Don Ramsey, Public Works Traffic Engineer resigned his position with the City. Shortly thereafter, we advertised the position and received two applications. Unfortunately, neither candidate had appropriate experience. We reviewed our options and decided to seek professional engineering services from a qualified consultant. We reviewed the consultant roster list and determined that David Evans and Associates was the most qualified to provide the needed services until we find a permanent solution to our staffing needs. The scope of services will be on a time and material basis. The cost for this effort is $40,000 which falls under the $50,000 limit for utilizing our Consultant Roster. Funds for these services are available in the Public Works budget under the Street Fund category. Submitting partment City Manager DISTRIBUTION: Submitting Department Accounting Vendor - 1/1 7/-� egal /'7 i% „ /-, / City Clerk Oi4vw�- Finance � d - AGREEMENT FOR PROFESSIONAL SERVICES David Evans and Associates, Inc. THIS AGRi71E~Mi-. \rT is made by and between the City of Spokane Valley, a code City of the State of Washington, hereinafter "City" and David Evans and Associates, inc. hereinafter "Consultant," joint) } referred to as "parties." IN CONSiDERATION of the terms and conditions contained herein the parties agree as follows: I. Work to Be Performed. The Consultant will provide all labor, services and material to satisfactorily complete the attached Scope of Services, A. Administration. The City Manager or designee shall administer and be the primary contact for Consultant. Prior to commencement of work, Consultant shall contact the City Manager or designee to review the Scope of Work, schedule and date of completion. Upon notice from the City Manager or designee Consultant shall commence work, perform the requested tasks in the Scope of Work, stop work and promptly cure any firilure in performance under this agreement. B. Representations. The City has relied upon the qualifications of the Consultant in entering into this agreement. By execution of this agreement, Consultant represents it possesses the ability, skill and resources necessary to perform die work and is familiar with all current laws, rules and regulations which reasonably relate to the Scope of Work. No substitutions of personnel shall be made without the written consent of the City. Consultant shall be responsible for the technical accuracy of its services and documents resulting therefrom, and City shall not be responsible for discovering deficiencies therein. Consultant shall correct such deficiencies without additional compensation except to the extent such action is directly attributable to deficiencies in City furnished information. C. Modifications. The City may modify this agreement and order changes in the work whenever necessary or advisable. The Consultant will accept modifications when ordered in writing by the City Manager or designee. Compensation for such modifications or changes shall be as mutually .agreed between the parties. The Consultant shall make such revisions in the work as are necessary to correct errors or omissions appearing therein when required to do so by the City without additional compensation. 2. Terra of Contract. This Agreement shall be in full force and effect upon execution and shall remain in effect until completion of all contractual requirements. Either party may terminate this Agreement by ten (10) days written notice to the other party. [n the event of such termination, the City shall pay the Consultant for all work previously authorized and satisfactorily performed prior to the termination date. 3. Compensation. The City agrees to pay the Consultant on a time and materials basis in accordance with the attached fee schedule as full compensation for everything done under this agreement, not to exceed $40,000. The City shall reimburse the Consultant for photocopying, postage, graphic reproduction at actual cost and will pay for authorized travel (excluding travel to the City to attend meetings, presentations or otherwise perform the services herein) at a rate of $375 per mile. Agreeview for Professional Services Pagc i of 4 4. Pavment. The Consultant shall be paid monthly upon presentation of an invoice to the City. Applications for payment shall be sent to the City Clerk at the below stated address. The City reserves the right to withhold payment under this agreement which is determined in the reasonable judgment of the City Manager or designee to be noncompliant with the Scope of Work, City Standards, City ordinances and federal or state standards. Notice. Notice shall be given in writing as follows: TO TFii E CITY: TO THE CONSULTANT: Name: Christine Bainbridge, City Clerk Name: Stephen J. Shmpe, PE, VP Phone Number: (509)92 1 -1000 Phone Number: (509)327 -$697 Address: 11707 East Sprague Ave; Suite 106 Address: l 10 Nest Cataldo Spokane Valley, WA 99206 Spokane, WA 99201 6. Applicable Laws and Standards. The parties, in the performance of this agreement, agree to comply with all applicable Federal, State, local laws, ordinances, and regulations. 7. Relationship of the Parties. It is understood, agreed and declared that the Consultant shall be an independent Consultant and not the agent or employee of the City, that the City is interested in only the results to be achieved and that the right to control the particular manner, method and means in which the services are performed is solely within the discretion of the Consultant. Any and all employees who provide services to the City under this agreement shall be deemed employees solely of the Consultant. "fhe Consultant shall be solely responsible for the conduct and actions of all employees under this agreement and any liability that may attach thereto. 3. Ownership of i)ocuments. All drawings, plans, specifications, and other related documents prepared by the Consultant "rider this agreement are and shall be the property of the City. 9. Records. The City or State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours all of the Consultant's records with respect to all matters covered in this contract. Such representatives shall be permitted to audit, examine and make excerpts or transcripts from such records and to rnake audits of all contracts, invoices, materials, pavrolls and record of matters covered by this contract for a period of three years frorn the date final payment is made hereunder. 10. insurance. During the term of the contract, the Consultant shall maintain in force at its own expense, the following insurance: A. Workers' Compensation insurance in compliance with RCW 51.12.020, which requires subject employers to provide workers' compensation coverage for all their subject workers and Employer's Liabilityor Stop Gap Insurance in the amount of $1,000,000.00; B. General Liability Insurance oil an occurrence basis with a combined single limit of not less than 51,000,000.00 each occurrence for bodily injury and property damage. It shall include contractual liability coverage for the indemnity provided under this contract. It shall provide that the City, its officers, employees and agents are additional insureds but only with respect to the Consultant's services to be provided under (lie contract; Agreement for Professional Smices Page. 2 of 4 C. Automobile Liability Insurance with a combined single limit, or the equivalent, or not less than $1,000,000,00 each accident for bodily injury and propertydamage, including coverage for owned, hired or non -owned vehicles; and D. Professional Liability Insurance with a combined single limit of not less than S 1,000,000.00 each claim, incident or occurrence. 17his is to cover damages caused by the error, omission, or negligent acts related to the professional services to be provided under this contract. The coverage must remain in effect for at least two (2) years after the contract is completed. There shall be no cancellation, material change; reduction of limits or intent not to renew the insurance coveragc(s) without thirty (30) days written notice from the Consultant or its insurer(s) to the City. As evidence of the insurance coverages required by this contract, the Consultant shall furnish acceptable insurance certificates to the City at the time the Consultant returns the signed contract. The certificate shall specify all of the parties who are additional insureds, and will include applicable policy endorsements; the thirty (30) day cancellation clause, and the deduction or retention level. Insuring companies or entities are subject to City acceptance. If requested, complete copies of insurance policies shall be provided to the City. 'fhe CollSUltanl shall be financi ally responsible for all pertinent deductibles, self- insured retentions, and /or self-insurance. 11. Indemnification and [Told hlarrnless. Each party shall indemnify and hold the other, its officers, employees, agents and volunteers harmless from and against any and all claims, demands, orders, decrees or judgments for injuries, death or damage to any person or property arising or resulting from any negligent act or omission on the part of said party or its agents, employees or volunteers in the perfonmance Of this Agreement. 12. Waiver. No officer, employee, agent or other individual acting on behalf of either party has the power, right or authority to waive any of the conditions or provisions of this agreement. No waiver in one instance shall be held to be waiver of any other subsequent breach or nonperformance. All remedies afforded in this agreement or by law, shall be taken and construed as cumulative, and in addition to every other remedy provided herein or by law. Failure of either party to enforce at any time any of the provisions of this agreement or to require at any time performance by the other party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this agreement or any part thereof. l 3. Assignment and Delegation. Neither party shall assign, transfer or delegate any or all of the responsibilities of this agreement or the benefits received hereunder without first obtaining the written consent of the other party. 14. Subcontracts. Except as otherwise provided herein, the Consultant shall not enter into subcontracts for any of the wort: contemplated under this agreement without obtaining written approval of the City. 15. Confidentialitv. Consultant may from time to time receive information which is deerned by the City to be confidential. Consultant shall not disclose such information without the express consent of the City or upon order of a Court of competent jurisdiction. 16. Jurisdiction and Venue. This Contract is entered into in Spokane County, Washington. Venue shall be in Spokane County, State of \Vashington. Agreement for Professional Services Page 3 of 4 17. Cost and Attorney's Fees. In the event a lawsuit is brought with respect to this Agreement, the prevailing party shall be awarded its costs and attorney's fees in the amount to be determined by the Court as reasonable. Unless provided otherwise by statute, Consultant's attorney fees payable by the City shall not exceed the total sum amount paid under this agreement. 18. Entire Agreement. This written agreement constitutes the entire and complete agreement between the parties and supercedes any prior oral or written agreements. This Agreement may not be changed, modified or altered except in writing signed by the parties hereto. 19. Anti - kickback. No officer or employee of the City, having the power or duty to perform an official act or action related to this Agreement shall have or acquire any interest in this Agreement, or have solicited, accepted or granted a present or future gift, favor, service or other thing of value from any person with an interest in this Agreement. 20. Business Registration. Prior to commencement of work under this Agreement, Consultant shall register with the City as a business. 21. Exhibits. Exhibits attached and incorporated into this agreement are: [scope of services, insurance certificates] t�� IN WITNESS WHEREOF, the parties have executed this Agreement this a day of/) �CPM b F¢ 20(L3. CITY OF SPOKANE VALLEY: DAVID EVANS AND ASSOCIATES, INC: GD City Manager S-5� e� Vice President Tax ID No. REDACTED ATTEST: APPROVED AS TO FORM: City Clerk ' Crty Attorgey This document contains confidential tax information and has been redacted pursuant to RCW 82.32.330. You may petition for a review of our findings pertaining to any redacted or withheld documents pursuant to Spokane Valley Municipal Code (SVMC) 2.75.080; and obtain judicial review pursuant to RCW 42.56.550. Agreement for Professional Services Page 4 of 4 WOCODAVID EVAi S "`nASSOCGA` FS It ' Proposa I for Interim Traffic Engineering Services for the City of Spokane Valley Background and Purpose As with any municipality of its size, the City of Spokane Valley will have considerable traffic engineering issues. It is understood that Spokane County has provided assistance in the past and will continue to provide certain services such as traffic signal design, operation and maintenance. In its continuing effort to manage growth traffic issues and provide for other transportation needs of the community, the City can opt to use in -house staff or utilize qualified consultant support services for all or part of the work. Consultant Option for Traffic Engineering There are several approaches to obtaining consultant traffic engineering services depending upon the particular tasks. For the most part, day to day support, and smaller defined tasks can be accomplished by an on -call agreement, using T &M either by task or for an agreed upon time commitment. For larger tasks where a specific scope can be defined, an agreed upon level of efigrt/cost can be separately developed. The Spokane office of David Evans and Associates, Inc. (DEA) has readily available expertise to assist the City of Spokane Valley with most of their traffic engineering needs. If necessary on larger or more complex tasks, the Spokane office can also utilize the resources of our larger firm (approximately 40 traffic engineers). We would propose inga Note, P.E. as the key person to manage and perform most traffic engineering services for the City. inga is a licensed Civil Engineer, and also a Certified Professional Traffic Operations Engineer. (PTOE registration is obtained per examination by Institute of Traffic Engineers. She is one of two in Eastern Washington.) Inga is intimately familiar with the area traffic models, local traffic issues and various local agency personnel involved with traffic issues. Potential areas of Traffic Engineering Services DEA is prepared to provide part. or ;all of the services listed on the attached sheets. The first list summarizes the scope of general traffic engineering support that may be required by the City on a continuing basis. The second list is an expanded scope pertaining to the work proposed for Traffic Impact Analyses (TiA) as these may be addressed as separate tasks. With regard to TIAs, the expanded scope assumes review /comments only for developer - prepared -TIAs; however, DEA is fully capable of doing more complex or City originated studies should the City so direct. Should the City decide on the need for a City-wide transportation plan, (to avoid conflict of interest) DEA would assist the City in procuring and interfacing with a separate, transportation planning consultant. City of Spokane Valley Traffic Engineering Services ? WROAVID EVANS "' A ASSOCIATES 'N Proposal for Interim Traffic Engineering Services Areas of Potential Support TIA Review See attached detail "Statement of Scope, TIA Review ". In addition, services could include the following: • Update the TIA and concurrency guidelines currently in use. • Assist with the establishment of transportation impact fees for development projects. Grant Applications Assist City staff with the preparation of grant applications. • Provide traffic volume forecasts. • Write narratives of traffic issues related to the application. Travel Demand Provide expertise in using and interpreting SRTC's VISMI model of the Spokane Forecast Modeling metropolitan area. • Continue attending the Regional Modeler's Meeting at SRTC and keep up to date on changes to the model. • Review the model for accuracy as changes are made, and assist SRTC in identifying needed land use updates within the Spokane Valley city limits. • Develop traffic volume projections as needed for City staff using the output of the model. Accident Database Develop and maintain an accident database for the City: • Work with City staff to determine what output is desired from data. • Select. an appropriate software to manage accident data • Compile WSDOT data as it is delivered to the City each month. Traffic Count Database Develop and maintain a traffic count database for the City: • Research and compile recent count data from Spokane County, WSDOT, and traffic studies completed within the City. • Collect new counts to aid in the review and calibration of SRTC's travel demand forecast model, and to build a database for the City. • Maintain a count database in both hardcopy and electronic (PDF) formats. • Create a traffic flow map for the City showing Average Daily Traffic on major roadways that could be updated annually. T.I.P. Updates Provide input to the City for updates to the Transportation Improvement Program as needed. Plan Review Review traffic engineering elements of roadway improvements, land development projects, and planning level studies as needed. • Signal and illumination plans. • Signing and striping plans. • Access and roadway improvements for development projects. • General compliance with codes, regulations, and standards. • 'Transportation elements of planning studies (i.e. Valley Couplet Analysis). City of Spokane Valley Traffic Engineering Services D EVANS c4LASS000ATES ^: Citizen Requests After their initial contact through City staff, respond to questions and requests from citizens as directed. • Investigate signal timing concerns/problems and report to County when necessary. • Investigate safety and operational issues (i.e. speed studies, crosswalk requests, additional signing). • Assist in the resolution of neighborhood traffic issues. Traffic Information on Work with the City's webmaster to periodically update the website with the City Website following information. • Traffic Impact Analysis guidelines. • Sight distance regulations. • Traffic calming information. • Guidelines for establishment of speed limits within the City. Transportation Plan Work with City staff" to strategize planning needs. Preparation • Help develop RI:P for project. ■ Assist City with plan review and recommendations. Services best provided by City Staff • Provide first response to citizen requests and questions. • Interact with STA on light rail and bus transit issues. • Take the lead on impact fee development (if desired). • Review and approve utility permits, street use permits, etc. • Issue concurrency certificates to developers. • Provide primary interface with developers. • Coordination of routine roadway maintenance activities. Weekly Meetings IDEA staff will attend weekly meetings at the Spokane Valley City Hall to discuss the status of work items. Additional meetings, such as those needed for TIA scoping purposes, will be scheduled on an as- needed basis. Cost Services will be performed on a time and materials basis using DEA's current billing rates (attached) and are not to exceed S40,000. City of Spokane Valley Traffic Engineering Services 3 TIA Scoping Review TIA Reports Prepare Letter Response (see attached example) WO AVID O VANS '"LASSACOATES iNr. Proposal for Traffic Impact Analysis Reviews Scope of Work The following list identifies scope items required for review of developer prepared TIM and associated concurrency issues. Work with City staff to define the study area; time periods, etc. for any development project requiring a traffic impact analysis. A site visit and review of proposed development plans and County Transportation Plan will be conducted at the onset of each project. DEA staff will attend a scoping meeting if needed. The review of Traffic Impact Analyses would ensure the following elements have been adequately addressed: • Trip generation calculation, pass -by traffic reductions. • Trip distribution paths. • Traffic volume forecasts and background growth rates. • Sight distance at site access points. • Safety concerns. • Parking concerns. • Pedestrian / bicycle issues. • Intersection LOS and queuing analysis techniques. • Mitigation recommendations. • Concurrency certification. Prepare a response letter to City staff discussing any concerns with the study, need for additional analysis, adequacy of proposed mitigation, and recommendations for Conditions of Approval and issuance of a Concurrency Certificate. City of Spokane Valley Traffic Engineering Services DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE The page entitled "Standard Fee Schedule" contains confidential cost and rate data and is withheld from public disclosure pursuant to 23 USC 112(2)(F). Prenotification; confidentiality of data. A recipient of funds requesting or using the cost and rate data shall notify any affected firm before such request or use. Such data shall be confidential and shall not be accessible or provided, in whole or in part, to another firm or to any government agency which is not part of the group of agencies sharing cost data under this paragraph, except by written permission of the audited firm. If prohibited by law, such cost and rate data shall not be disclosed under any circumstances. You may petition for a review of our findings pertaining to any redacted or withheld documents pursuant to Spokane Valley Municipal Code (SVMC) 2.75.080; and obtain judicial review pursuant to RCW 42.56.550.