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HomeMy WebLinkAboutDKS Associates, Inc - 2022 Local Road Safety Plan (Agreement No. 21-056)PROFESSIONAL SERVICES AGREEMENT 2022 Local Road Safety Plan Agreement No. 21-056 THIS AGREEMENT is made and entered into between the City of Pasco, a Washington Municipal Corporation, hereinafter referred to as "City", and DKS Associates, Inc. hereinafter referred to as "Consultant," on the $+�% day of Dar. I ber 92021. RECITALS WHEREAS, the City desires to have certain services and/or tasks performed as set forth below requiring specialized skills, training, equipment, and other supportive capabilities; and WHEREAS, the Consultant represents that it is qualified and possesses sufficient skills, experience, equipment, and necessary capabilities, including: technical and professional expertise, when required, to perform the services and/or tasks as set forth in this Agreement upon which the City is relying. WHEREAS, the City has, consistent with RCW 39.80, published an announcement related to its need for Architectural and Engineering services, evaluated Consultant's current performance data, and has determined that Consultant is the most highly qualified firm to perform the Architectural and Engineering services related to the 2022 Local Road Safety Plan project; and WHEREAS, the City's Public Works Director finds that the Agreement with Consultant is both fair and reasonable in light of the duties to be performed, the Consultant's performance data, and the nature and complexity of the project. NOW, THEREFORE, in consideration of the mutual covenants, and performances contained herein, the parties agree as follows: 1. Scope of Services. The Consultant shall perform such services and accomplish such tasks, including the furnishing of all labor, materials, facilities and equipment necessary for full performance thereof, as identified and designated as Consultant's Responsibilities throughout this Agreement, and as more particularly described in Scope of Work detailed in Exhibit A, attached hereto and incorporated herein (the "Project"). 2. Term. This Project shall begin on the execution date listed above and promptly be completed by 12/31/2023. 3. Compensation and Payment. 3.1 Payment for services provided hereunder shall be made following the performance of such services. 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 Project. Professional Services Agreement — DKS Associates, Inc. Agreement No. 21-056 2022 Local Road Safety Plan Page 1 of 10 3.2 No payment shall be made for any services rendered by the Consultant except for services identified and set forth in this Agreement except as may be authorized by a written supplemental agreement approved by the City. 3.3 The City shall pay the Consultant for work performed under this Agreement upon timely submitted invoices detailing work performed and expenses for which reimbursement is sought. The City shall approve all invoices before payment is issued. Payment shall occur within thirty (30) days of receipt and approval of an invoice. 3.4 The City shall pay the Consultant for all work performed and expenses incurred under this Agreement, as follows. © Hourly (Multiple Rate): Such rates as identified on Exhibit B, plus actual expenses incurred as provided under this Agreement, but not to exceed a total of $35,155.00 without the prior written authorization by the City. 4. Reports and Inspections. 4.1 The Consultant at such times and in such forms as the City may require, shall furnish to the City such statements, records, studies, surveys, reports, data, and information as the City may request pertaining to matters covered by this Agreement. 4.2 The Consultant shall, at any time during normal business hours and as often as the City or the Washington State Auditor may reasonably deem necessary, make available for examination all of its records and data with respect to all matters covered, directly or indirectly, by this Agreement and shall permit the City, or its designated authorized representative to audit and inspect other data relating to all matters covered by this Agreement. The City shall receive a copy of all audit reports made by the agency or firm as to the Consultant's activities. The City may, at its discretion, conduct an audit at its expense, using its own or outside auditors, of the Consultant's activities which relate, directly or indirectly, to this Agreement. Consultant shall be provided a copy of such reports. 4.3 The Consultant, during the term of this Agreement, shall obtain all permits and registration documents necessary for the performance of its work and for the execution of services at its own expense, and shall maintain its validity. Upon request, the Consultant shall deliver to the City copies of these licenses, registration documents, and permits or proof of their issuance or renewal. 4.4 Consultant shall maintain books, records and documents, which sufficiently and properly reflect all direct and indirect costs related to the performance of this Agreement, and shall maintain such accounting procedures and practices as may be necessary to assure proper accounting of all funds paid pursuant to this Agreement. Professional Services Agreement — DKS Associates, Inc. Agreement No. 21-056 2022 Local Road Safety Plan Page 2 of 10 These records shall be subject, at all reasonable times, to inspection, review, or audit as provided above. 4.5 The Consultant shall retain all books, records, documents or other material relevant to this Agreement for three (3) years after its expiration. Consultant agrees that the City, or its designee, shall have full access and right to examine any of said materials at all reasonable times during this period. 5. Ownership and Use of Documents. 5.1 All research, tests, surveys, preliminary data, information, drawings and documents made, collected, or prepared by the Consultant for performing the services subject to this Agreement, as well as any final product, collectively referred to as "work product," shall be deemed as the exclusive property of the City, including copyright as secured thereon. Consultant may not use them except in connection with the performance of the services under this Agreement or with the prior written consent of the City. Any prior copyrighted materials owned by the Consultant and utilized in the performance of the services under this Agreement, or embedded in with the materials, products and services provided thereunder, shall remain the property of the Consultant subject to a license granted to the City for their continued use of the products and services provided under this Agreement. Any work product used by the Consultant in the performance of these services which it deems as "confidential," "proprietary," or a "trade secret" shall be conspicuously designated as such. 5.2 In the event of Consultant's default, or in the event that this Agreement is terminated prior to its completion, the work product of the Consultant, along with a summary of the services performed 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 Agreement. The summary of services provided shall be prepared at no additional cost, if the Agreement is terminated through default by the Consultant. If the Agreement is terminated through convenience by the City, the City agrees to pay Consultant for the preparation of the summary of services provided. 6. Public Records. 6.1 Consultant acknowledges that the City is an agency subject to Chapter 42.56 RCW "Public Records Act." All preliminary drafts or notes prepared or gathered by the Consultant, and recommendations of the Consultant are exempt prior to the acceptance by the City or public citation by the City in connection with City action. 6.2 If the Consultant becomes a custodian of public records of the City and request for such records is received by the City, the Consultant shall respond to the request by the City for such records within five (5) business days by either providing the records, or by identifying in writing the additional time necessary to provide the Professional Services Agreement — DKS Associates, Inc. Agreement No. 21-056 2022 Local Road Safety Plan Page 3 of 10 records with a description of the reasons why additional time is needed. Such additional time shall not exceed twenty (20) business days unless extraordinary good cause is shown. 6.3 In the event the City receives a public records request for protected work product of the Consultant within its possession, the City shall, prior to the release of any protected work product or as a result of a public records request or subpoena, provide Consultant at least ten (10) business days prior written notice of the pending release and to reasonably cooperate with any legal action which may be initiated by the Consultant to enjoin or otherwise prevent such release. 7. Independent Contractor Relationship. 7.1 The parties intend that an independent contractor relationship is created by this Agreement. The City is interested primarily in the results to be achieved; subject to the scope of services and the specific requirements of this Agreement, the implementation of services will lie solely with the discretion of the Consultant. No agent, employee, officer or representative of the Consultant shall be deemed to be an employee, agent, officer, or representative of the City for any purpose, and the employees of the Consultant are not entitled to any of the benefits or privileges the City provides for its employees. The Consultant will be solely and entirely responsible for its acts and for the acts of its agents, employees, officers, subcontractors or representatives during the performance of this Agreement. 7.2 In the performance of the services provided in this Agreement, Consultant is an independent contractor with full authority to control and direct the performance of the details of the work, however, the results of the work contemplated herein must meet the approval of the City and shall be subject to the City's general rights of inspection and review to secure the satisfactory completion thereof. 7.3 The Consultant shall comply with all State and Federal laws including, but not limited to: 7.3.1 The definition requirements of RCW 50.04.140 (Employment Security). 7.3.2 RCW 51.08.195 (Industrial Insurance). 7.3.3 Obtain a City of Pasco business license. 7.4 The City may, at its sole discretion, require the Consultant to remove any employee, agent or servant from employment on this Project who, in the City's sole discretion, may be detrimental to the City's interest. Professional Services Agreement — DKS Associates, Inc. Agreement No. 21-056 2022 Local Road Safety Plan Page 4 of 10 8. Indemnification. 8.1 The Consultant shall defend, indemnify, and hold harmless 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 in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. 8.2 However, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant, and the City, its officers, officials, employees, and volunteers, the Consultant's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 8.3 No liability shall attach to the City by reason of entering into this Agreement except as expressly provided herein. 8.4 This indemnification shall include damages, penalties and attorney fees sustained as a result of Consultant's delayed or failed performance of Section 6 above. 9. 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, employees, or subcontractors. The Consultant's maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. 9.1 Minimum Scope of Insurance. Consultant shall obtain insurance of the types and coverage described below: 9. 1.1 Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be at least as broad as Insurance Services Office (ISO) form CA 00 01. 9.1.2 Commercial General Liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop -gap independent contractors and personal injury and advertising injury. The City shall be named as an additional insured under the Consultant's Commercial General Liability insurance policy with Professional Services Agreement — DKS Associates, Inc. Agreement No. 21-056 2022 Local Road Safety Plan Page 5 of 10 respect to the work performed for the City using an additional insured endorsement at least as broad as ISO endorsement form CG 20 26. 9.1.3 Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 9.1.4 Professional Liability insurance appropriate to the Consultant's profession. 9.2 Minimum Amounts of Insurance. Consultant shall maintain the following insurance limits: 9.2.1 Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 9.2.2 Commercial General Liability insurance shall be written with limits no less than: ® $2,000,000 each occurrence; and ® $2,000,000 general aggregate; 9.2.3 Professional Liability insurance shall be written with limits no less than: ® $2,000,000 per claim; and ❑X $2,000,000 policy aggregate limit; 9.3 Other Insurance Provision. The Consultant's Automobile Liability, Professional Liability, and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance as respect the City. Any insurance, self-insurance, or self-insured pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 9.3.1 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. 9.4 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. 9.5 Verification of Coverage. 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 Agreement before commencement of the work. 9.6 Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation within two (2) business days of their receipt of such notice. Professional Services Agreement — DKS Associates, Inc. Agreement No. 21-056 2022 Local Road Safety Plan Page 6 of 10 9.7 City Full Availability of Consultant Limits. If the Consultant maintains higher insurance limits than the minimums shown above, the City shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Consultant, irrespective of whether such limits maintained by the Consultant are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by the Consultant. 9.8 Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five (5) business days notice to the Consultant to correct the breach, immediately terminate the Agreement or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. 10. Nondiscrimination. In the performance of this Agreement, the Consultant will not discriminate against any employee or applicant for employment on the grounds of race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap; provided that the prohibition against discrimination in employment because of handicap shall not apply if the particular disability prevents the proper performance of the particular worker involved. The Consultant shall ensure that applicants are employed, and that employees are treated during employment in the performance of this Agreement without discrimination because of their race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap. Consultant shall take such action with respect to this Agreement as may be required to ensure full compliance with local, State and Federal laws prohibiting discrimination in employment. 11. Covenant Against Continent Fees. The Consultant warrants that it has not employed nor retained any company, firm, or person, other than a bona fide employee working exclusively for the Consultant, to solicit or secure this Agreement; and that it has not paid or agreed to pay any company, person or firm, other than a bona fide employee working exclusively for the Consultant, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the City shall have the right to terminate this Agreement. 12. Assignment and Subcontracting. 12.1 The City has awarded this Agreement to the Consultant due to its unique qualifications to perform these services. The Consultant shall not assign (or subcontract other than as specifically identified in Exhibit A) its performance under this Agreement or any portions of this Agreement without the prior written consent Professional Services Agreement — DKS Associates, Inc. Agreement No. 21-056 2022 Local Road Safety Plan Page 7 of 10 of the City, which consent must be sought at least thirty (30) days prior to the date of any proposed assignment. 12.2 Any work or services assigned or subcontracted hereunder shall be subject to each provision of this Agreement including Section 6, Public Records; Section 10, Nondiscrimination; proper bidding procedures where applicable; and all local, State and Federal statutes, ordinances and guidelines. 12.3 Any technical or professional service subcontract not listed in this Agreement, must have prior written approval by the City. 13. Termination. 13.1 Termination for Convenience. Either party may terminate this Agreement for any reason upon giving the other party no less than ten (10) business days written notice in advance of the effective date of such termination. 13.2 Termination for Cause. If the Consultant fails to perform in the manner called for in this Agreement, or if the Consultant fails to comply with any other provisions of this Agreement and fails to correct such noncompliance within five (5) business days of written notice thereof, the City may terminate this Agreement for cause. Termination shall be effected by serving a notice of termination on the Consultant setting forth the manner in which the Consultant is in default. The Consultant will only be paid for services and expenses complying with the terms of this Agreement, incurred prior to termination. 14. General Provisions. 14.1 For the purpose of this Agreement, time is of the essence. 14.2 Notice. Notice provided for in this Agreement shall be sent by: 14.2.1 Personal service upon the Project Administrators; or 14.2.2 Certified mail to the physical address of the parties, or by electronic transmission to the e-mail addresses designated for the parties below. 14.3 The Project Administrator for the purpose of this Agreement shall be: 14.3.1 For the City: Steve M. Worley, P.E., or his/her designee Public Works Director 525 North 3rd PO Box 293 Pasco WA 99301 WorleySkl2asco-wa.gov (e-mail address) Professional Services Agreement — DKS Associates, Inc. Agreement No. 21-056 2022 Local Road Safety Plan Page 8 of 10 14.3.2 For the Consultant: Brian Chandler, P.E., or his/her designee National Director of Transportation Safety 719 Second Ave, Suite 1250 Seattle, WA 98104 brian.chandleE a. dksassociates.com (e-mail address) 15. Dispute Resolution. 15.1 This Agreement has been and shall be construed as having been made and entered into and delivered within the State of Washington and it is agreed by each party hereto that this Agreement shall be governed by the laws of the State of Washington. 15.2 In the event of a dispute regarding the enforcement, breach, default, or interpretation of this Agreement, the Project Administrators, or their designees, shall first meet in a good faith effort to resolve such dispute. In the event the dispute cannot be resolved by agreement of the parties, said dispute shall be resolved by arbitration pursuant to RC W 7.04A, as amended, with both parties waiving the right of a jury trial upon trial de novo, with venue placed in Pasco, Franklin County, Washington. The substantially prevailing party shall be entitled to its reasonable attorney fees and costs as additional award and judgment against the other. 16. Nonwaiver. 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 similar event or other provision of this Agreement. 17. Integration. This Agreement between the parties consists in its entirety of this document and any exhibits, schedules or attachments. Any modification of this Agreement or change order affecting this Agreement shall be in writing and signed by both parties. 18. Authorization. By signature below, each party warrants that they are authorized and empowered to execute this Agreement binding the City and the Consultant respectively. Professional Services Agreement — DKS Associates, Inc. Agreement No. 21-056 2022 Local Road Safety Plan Page 9 of 10 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. CITY OF PASCO, WASHINGTON CONSULTANT , P.E. — Public W ATTEST: �t4�'t (-ff6"4 Debra C. Barham, City Clerk APPROVED AS TO FORM: Kerr Fer o C, City Attorney Richard J Hutchinson, P.E. - Principal Professional Services Agreement — DKS Associates, Inc. Agreement No. 21-056 2022 Local Road Safety Plan Page 10 of 10 EXHIBIT A Paseo 1 Es SCOPE OF WORK City of Pasco — Professional Services Agreement Agreement No. 21-056 — 2022 Local Road Safety Plan The Consultant will update the Pasco Local Road Safety Plan to meet the requirements of the WSDOT 2022 City Safety Program that awards federal safety funding to cities for roadway safety needs. The Consultant will also develop a grant application that includes up to two (2) projects for WSDOT's 2022 City Safety Program. Task 1: Project Management 1.1 Kick-off Meeting. The Consultant will schedule and facilitate a kick-off meeting with the City point of contact (POC), and other attendees as determined by the City. The Consultant will prepare the meeting agenda and presentation materials. Agenda items will include confirmation of the scope of work and schedule, discussion of the project purpose and need, and any questions from meeting participants about project activities. The Consultant will submit one set of meeting summary notes. 1.2 Check-in Meetings. The project manager will provide project updates during monthly check-in meetings with the City POC. Each meeting will last approximately 30 minutes and be focused on deliverables, schedule, and open discussion of the project. 1.3 Invoicing and Project Reports. The Consultant will conduct all project management start- up and close-out activities and will ensure timely and accurate monthly invoices and written progress reports to the City for payment. The Consultant will deliver invoices monthly for the work completed in the prior month. Work Product: • 1 -hour Virtual Kickoff Meeting (Agenda, Scheduling, Facilitation, Notes) Virtual check-in meetings Monthly electronic progress reports and invoices Task 2: Safety Data Collection and Analysis The Consultant will conduct the necessary data collection, evaluation, and analysis to determine safety needs for the City as identified in the following activities: Collision Data Collection and Analysis. The Consultant will use the 2016-2020 dataset of collision history from Washington State DOT. The Consultant will conduct a city-wide analysis of City of Pasco DKS crash types, contributing circumstances, and crash causes to identify the most common contributors to all reported collisions on city -maintained roadways, as well as a separate analysis of the most common contributors to fatal and serious injury crashes. The list will include the following: • Collision Type • Lighting Condition • Fixed Object Hit • Contributing Circumstance • Motor Vehicle Type • Pedestrian, Bicyclist Involvement • Speeding Driver Indicator • Traffic Control Type • Road Surface Conditions Reporting of these data analysis outputs will include tables of crashes by crash type / contributor and comparison to all Washington roadways and all city streets. Collision Location Analysis. The Consultant will produce a map of all collisions in the city to identify location patterns and high -collision intersections and segments. Reporting will include a map of all collisions by location regardless of severity, and all severe crashes (i.e., fatal crashes and suspected serious injury crashes) by location. Work Product: None (outputs to be included in the Local Road Safety Plan) Task 3: Produce Local Road Safety Plan In this task the Consultant will produce the 2022 Local Road Safety Plan. The Consultant assumes the document will be approximately 20-25 pages in length, inclusive of cover and table of contents, but exclusive of appendices. The Plan will include the following content: • Safety Existing Conditions and Needs Identification. The Consultant will identify and document safety needs from analysis of collision data in the previous task. The consultant will match the most common risk factors in fatal and serious injury crashes with the locations in the city that exhibit those same factors. Countermeasure Identification and Project Recommendations. The Consultant will provide safety project recommendations for up to two (2) WSDOT City Safety Program grant applications. This recommendation will include an estimated cost range and estimated benefit based on state -of -the -practice Crash Modification Factors. The Consultant will submit a Draft version of the LRSP to the City for review and comment. Upon receipt of comments on the Draft, the Consultant will respond to comments and prepare a Revised Safety Plan for presentation to the City Council. The project manager and safety engineer will participate (in-person or virtually, to be determined by the City POC) in one City Council meeting to co -present the 2022 LRSP and respond to questions. After the Council presentation, the Consultant will deliver the Final LRSP. City of Pasco DKS Vasm 141111 MH Work Product: Local Road Safety Plan (Draft; Final). Copy of electronic files used to produce the plan. City Council presentation and associated materials (in-person or virtual). Task 4: Develop Grant Application for the 2022 WSDOT City Safety Program The Consultant will work with the City to develop the grant applications for the 2022 WSDOT City Safety Program by completing one Application for Funding that includes all required information for up to two (2) requested safety projects. The City of Pasco will provide documents or data associated with the application related to the following: • Project Schedule • Project Cost, Match Amount, and Requested Funding • City Approvals and Signatures The Consultant will submit a Draft version of the grant application to the City for review and comment. Upon receipt of comments on the Draft, the Consultant will respond to comments and prepare a final grant application. The City will secure any required approvals and submit the official grant application to WSDOT. Work Product: 2022 City Safety Program application. Copy of electronic files used to produce the application. Deliverables Schedule Assuming an anticipated contract start date of December 6t", 2021. Task Deliverable Estimated Due Date 1 Kick-off Meeting 12/10/21 1 Check-in Meetings Monthly 1/25/22 3 Draft LRSP 3 Council Meeting February Th or 21 e, 2022 4 Final LRSP 2/18/22 4 Draft Grant Applications 2/18/22 4 Final Grant Applications 2/28/22 Program Application Deadline March 4, 2021 City of Pasco DKS 8 s a 8, o yo id n Q8 gs 25 3{ g�g jsgj b 23 ,9e5�, 0 Ti gsg d psQ gsg �i iE 2 � b A � c Hsel A8 relPl P. -O . F M w J Nsel AS sasuadx3 rerol Sw888�w8888 y888 w � S 2 AKN �a �sel,te,Pv¢'rrwol 4w o x $ Hsel As ---ii retol sasuads3 GE .P D30tvo A 4aa1 uIPLPtl 5 L aPeiO iauBlsaD Otl0 1. R $ o BL -MID B-3 Pa1ad 6 N Y O EZ aP-Diaa *3 Pa1P/d 8 I iaB¢ueW Pa1P+d 8 LZ aP-0 iaBeueW w1P,d 8 L9 eP.g - -16u3 FWl¢S JDltlD 8 SV aPeiD IedlaulLd z� Z m y O U _ U m N W d _ v' ` E y o O - g a N Y L m NN -O mN muo> o v dl Z m �_ E -- P P aN _� q P LL Q N W O.