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05-007.00 David Evans & Associates: Comp Plan Level of Service Analysisi AGREEMENT FOR PROFESSIONAL SERVICES )avid Evans & Associates, Inc. 114iS AGREEMENT is made by and between the City of Spokane Valley, a code City of the State of Washington, hereinafter "City" and David Evans & Associates, inc. hereinafter "Consultant," jointly referred to as "parties." IN CONSIDEKATION of the terms and conditions contained herein the parties agree as follows: 1. 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 failure 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 the 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 ornissions appearing therein when required to do so by the City without additional compensation. 2. Term 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. In 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 $35,000. The City shall reimburse the Consultant for photocopying, postage, graphic reproduction at actual cost and will pay for authorised travel (excluding travel to the City to attend meetings, presentations or otherwise perform the services herein) at a rate of 5.405 per mile. Agreement for Professional Services — i)avid F vans & Associates, inc. Page 1 of 4 4. Payment. 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. 5. Notice. Notice shall be given in writing as follows: TO THE CITY: TO THE QNSULTANT: Name: Christine Bainbridge, City Clerk Name: Stephen J. Shrope, PE, VP Phone Number: (509)921 -1000 Phone Number: (509) 327 -8697 Address: 11707 East Sprague Ave, Suite 106 Address: 110 West Cataldo Spokane Valley, WA 99206 Spokane, WA 99201 6. Applicable Laws and Standards. The parties, in the performance of this ag- cement, 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. The Consultant shall be solely responsible for the conduct and actions of all employees under this agreement and any liability that may attach thereto. 8. Ownership of Documents. All drawings, plans, specifications, and other related documents prepared by the Consultant under 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 fill) 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 make audits of all contracts, invoices, materials, payrolls and record of matters covered by this contract for a period of three years from 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 Liability or Stop Gap insurance in the amount of $1,000,000.00; B. General Liability Insurance on an occurrence basis with a combined single limit of not less than $1,000,000.00 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 the contract; Agreement for Professional Services — David Evans & A.zsociatcs, Inc. Page 2 of 4 i 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 property damage, including coverage for owned, hired or non -owned vehicles; and D. Professional Liability Insurance with a combined single limit of not less than $1,000,000.00 each claim, incident or occurrence. This 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 coverage(s) without thirty (30) days written notice from the Consultant or its insurers) 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. The Consultant: shall be financially responsible for all pertinent deductibles, self insured retentions, and /or self- insurance. IL indemnification and Hold Harmless. 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 put of said party or its agents, employees or volunteers in the performance 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. 13. Assip_nrnent 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 work contemplated under this agreement without obtaining written approval of the city. 15. Confidentiality. Consultant may from time to time receive information which is deemed 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. "phis Contract is entered into in Spokane County, Washington. Venue shall be in Spokane County, State of Washington. Agrocmcnt for Professional Services — David Evans & Associates, Inc. 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 IN WITNESS WHEREOF, the parties have executed this Agreement this 1,9 day of e-Z,t 2005. CITY OF SPOKANE VALLEY: City Manager ATTEST: City Clerk Consultant Stephen J. Shrope XE., Vice President Tax ID No REDACTED APPROVED AS TO FORM: r�," T- 211—a Deputy CiPy Attorney 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 — David Evans & Associates, Inc. Page 4 of 4 WODAVID EVANS °NID ASSOCIATES'NC. Scope of Services: Intersection LOS Analysis for City of Spokane Valley Comprehensive Plan 1. Data Collection a) Obtain HCS files from County. b) Obtain Synchro files for select intersections if available from other sources (for example Indiana/Pines). c) Make a field visit to all intersections to check phasing, lane configuration, and ensure that all recent improvement projects are accounted for. d) Compile traffic counts from County, WSDOT, City, recent Traffic impact Analyses, and other relevant planning studies. Collect up to 10 new PM peak hour counts. e) Check County signal timing database to check phasing, timing constraints on select intersections. 2. 2005 Analysis a) Update turning movement counts to represent PM peak hour 2005 conditions, using ADT counts, or a fixed growth rate of 1% -2% if nothing is available. All counts will be coded into an excel file for use in calculating future growth. b) Update Synchro or FIGS files for all intersections. New Synchro files may be built for closely spaced intersections where an HCS analysis would not capture system impacts. 3. 2015 Analysis a) Develop traffic volume forecasts for PM peak hour 2015 using any of the following techniques: comparison between 2005 and 2025 V1SUM forecast models, extrapolation of volumes, the TURNS software, and/or a fixed growth rate. b) Discuss programmed improvement projects with City, and include relevant improvements in the 2015 analysis files. c) Update Synchro or HCS files for all intersections. 4. 2025 Analysis a) Develop traffic volume forecasts for PM peak hour 2025 using the methods described above. b) Determine which programmed improvements should be included in analysis. c) Update Synchro or HCS files for all intersections. d) Develop mitigation recommendations for intersections expected to operate below acceptable levels of service. These may include roadway widening, changes to lane configuration, or signal installation. DEA will work closely with City staff to refine the mitigation recommendations. 5.0 Table and Summary a) Prepare a table of intersection LOS in either Word or Excel format for inclusion for Comp Plan in the Comprehensive Plan. b) Summarize the mitigation recommendations. Prioritize improvements into r Short -Term (deficient in'2005). Medium -Term (needed within 10 years), or Long -Term (needed within 20 years). City of Spokane Valley Intersection LOS Analysis WEDAVID EVANS A"ASSOCIATES INC. Assumptions • Spokane County will provide all available traffic counts and HCS files used in their 2001 analysis. • Up to 10 new traffic counts will be collected. • The analysis includes PM peak hour intersections only. • Intersections with the 1 -90 ramp terminals and along Havana Street will not be analyzed. • 125 intersections will be analyzed. Deliverables • Excel file with traffic counts, forecast volumes, and a brief summary of the forecast methodology. • HCS /Synchro files for all intersections and scenarios. • Mitigation recommendations for intersections, prioritized into Short-Term, Medium -Term, or Long -Term. • A table in Word or Excel format with intersection names and LOS for inclusion in the Capital Facilities section of the Comprehensive Plan. Cost Services will be performed on a time and materials basis using DEA's current billing rates and are not to exceed $35,000. This work is estimated at $33,020. Schedule The analysis could be started immediately, and would be finished near the end of March 2005. This timeline is based on the expectation that SRTC would complete their revised 2005 and 2025 forecast models by the end of February. City of Spokane Valley Intersection LOS Analysis DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE The page entitled "Intersection LOS Analysis for Comp Plan" 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.