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HomeMy WebLinkAboutKittelson & Associates - PSA Amendment No. 1 Traffic Signal Mini Master PlanAMENDMENT NUMBER I to PROFESSIONAL SERVICES AGREEMENT WHEREAS, the City and Kittelson and Associates, Inc. entered into a Professional Services Agreement on September 12, 2012, to provide engineering and consulting services with respect to Traffic Signal Controller Replacement Plan (Mini Master Plan). NOW, THEREFORE, this agreement is amended to allow Kittelson and Associates, Inc. to provide additional engineering services as described on Exhibit A. Scone of Work: Scope of work includes additional professional services required for to provide communication plans and specifications for new controllers; design implementation allowing staff to have remote access for single diagnosis and updates; and to allow Police access to turn signals to emergency flashing mode. 2. Fee: The compensation for the work is based on a time and material basis not to exceed the amount of $30,000. 3. Time of performance: The services shall be complete for the project on or before December 31, 2013. DATED THIS Z5 DAY OF MaL .2013. ATTEST: I Deb4CIk, Cle ity r Kittelson and Associates, fne. Amendment No. I Professional Services Agreement — Mini Master Plan CONSULTANT — Kittelson and Associates, Inc. Chris Breluner, P.E. Principle Engineer APPROVED tS TO FORM: Leland B. Kerr, City Attorney AMENDMENT NUMBER 1 to PROFESSIONAL SERVICES AGREEMENT WHEREAS, the City and Kittelson and Associates, Inc. entered into a Professional Services Agreement on September 12, 2012, to provide engineering and consulting services with respect to Traffic Signal Controller Replacement Plan (Mini Master Plan). NOW, THEREFORE, this agreement is amended to allow Kittelson and Associates, Inc. to provide additional engineering services as described on Exhibit A. Scone of Work: Scope of work includes additional professional services required for to provide communication plans and specifications for new controllers; design implementation allowing staff to have remote access for single diagnosis and updates; and to allow Police access to turn signals to emergency flashing mode. 2. Fee: The compensation for the work is based on a time and material basis not to exceed the amount of $30,000. 3. Time of performance: The services shall be complete for the project on or before December 31, 2013. DATED THIS DAY OF , 2013. ATTEST: '�') e (ieCC la City Clerk Kittelson and Associates, Inc. Amendment No. 1 Professional Services Agreement — Mini Master Plan CONSULTANT — Kittelson and Associates, Inc. Chris Brehmer, P.E. Principle Engineer APPROVED AS TO FORM: i Leland B. Ken•, City Attorney PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into between the City of Pasco, hereinafter referred to as the "City", and Kittelson & Associates, Inc. hereinafter referred to as the "Consultant". WHEREAS, the City desires to engage the professional services and assistance of a consulting firm to provide engineering and consulting services with respect to the Mini - Master Pian. NOW, THEREFORE, in consideration of mutual benefits accruing, it is agreed by and between the parties hereto as follows: 1. Scone 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. 3. Payments. 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 $19,972.97 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 by February 28, 2013. 5. Hold harmless agreement. In 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 liability 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. City .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 City. 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. Notifies, Notices to the City of Paseo 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: Kittclson & Associates, Inc, 610 SW Alder Street, Suite 700 Portland, OR 97205 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. /� j DATED THIS DAY OF sqz " 2012 CITY OF PASCO '.i�'/ LiLy✓..�� Matt Watkins, Mayor ATTEST Debbie Clark, City Clerk CONSULTANT al . - Chris 13rehmer, Principal Engineer AP VED AS TO FORM Leland B. Kerr, City Attorney Exhibit A Scope for City of Pasco Signal & Communication Concept Plan ("Mini -Master Plan") Prolect Tasks: • Review and comment on the existing conditions inventory/summary completed by City of Pasco Staff. • Identify signal systems (hardware, software, communications) in use by neighboring agencies to evaluate their experiences and potential for cross-Jurlsdictlon communication or resource sharing. o WSDOT South Central Region o Cities of Kennewick & Richland • Identify up to two options for signal hardware/software, assess pros and cons of each option and provide a summary in tabular format to the City. • Participate in a conference call with City staff to discuss the signal hardware/software options. A recommendation will be identified based on the outcome of the conference call. • Summarize communication options, including benefits and planning level costs, for communications between traffic signals and to the traffic management center (TMC). This task will focus on connections and mediums, not on specifics of sizing and exact equipment locations. Refer to the contingency task for preliminary, design -level communications plan, if desired. The following options will be reviewed: o Peer -to -Peer corridor communications: identify up to two options for peer-to-peer interconnect between signal controllers on each key corridor. The options are assumed to include wireless and wired (copper or fiber). o Local to TMC: Identify up to three options for communication systems from the corridors/signals back to the TMC. It is assumed the options will be (1) fiber backhaul, copper local communications with Ethernet switches to local, vs. (2) wireless central to hub to local, or (3) a hybrid of the wireless, copper, and fiber. • Develop a concept -level implementation plan for upgrades and locations; along with planning - level cost estimates & features summary for preferred signal hardware/software and communications. • Summarize typical anticipated City staffing needs depending on the signal and communication system selected. • Meet with City of Pasco staff in Portland to review the draft implementation plan elements (assumes one meeting in Portland). • Provide guidance and mark ups to City to support City -led mapping/graphics illustrating concept level communications options (up to 6 hours of support assumed). • Prepare a PowerPoint presentation summarizing the signal & communication concept plan suitable for City Council use, outlining costs/benefits and options, as well as staff recommendation, and next steps. • Prepare for and attend a meeting in Pasco with City staff and support or lead a technical summary presentation to the City Council. On the same day, complete a site visit to review recommendations and implementation plan on the ground. Contln¢ency Tasks (Cost to be determined as needed): • Summarize and provide recommendation between up to 3 candidate signal software/hardware traffic signal systems. This option should only be necessary if particular features desired by the City are not available in their current traffic signal system or If the controller options being evaluated do not include a central system that fully meets the potential needs of the City. • Develop a formal communication Infrastructure concept. This would Include an architecture plan, concept communication design/routing plan to each major corridor; as well as communication elements necessary to connect to the central signal office station and other locations (such as the police) that may need a TMC terminal. This will require interactions with City Information Technology and potentially other service providers in Pasco. Development of a long-range Intelligent Transportation Systems (ITS) plan. This would include a planning level review of potential locations for ITS devices such as variable message signs, pan - tilt -zoom (PTZ) surveillance cameras, speed and travel time monitoring, etc. Deliverable options (* indicates recommended deliverables assumed in above scope): *One Meeting in Portland—$1,200 *One Meeting in Pasco (2 KAi staff) — $4,000 Maps/Graphics— City to lead, KAI will provide guidance and red -line markups *PowerPoint summary with maps/graphics (suitable for council)—$2,000 Summary technical memorandum (draft and final) - $4,000 Project Budget Form Prclaat Number. 121130►ml.n Nam: Pam,SignalMahar Pict ... 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