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HomeMy WebLinkAboutContractAGREEMENT FOR TRAFFIC STUDY THIS AGREEMENT, dated for reference purposes only as June 30, 2024, is by and between the Cityof Renton (the “City”),aWashington municipal corporation,and CivTech (“Consultant”),The City and the Consultant are referred to collectively in this Agreement as the “Parties.” Once fully executed by the Parties, this Agreement is effective as of the last date signed by both parties. 1. Scope of Work: Consultant agrees to provide data collection, site trip generation, initial traffic study, response to city comments, and revised final traffic study as specified in Exhibit A, which is attached and incorporated herein and may hereinafter be referred to as the “Work.” 2. Changes in Scope of Work: The City, without invalidating this Agreement, may order changestotheWorkconsistingofadditions,deletionsormodifications.Anysuchchanges to the Work shall be ordered by the City in writing and the Compensation shall be equitablyadjustedconsistentwiththeratessetforthinExhibitAorasotherwisemutually agreed by the Parties. 3. Time of Performance: Consultant shall commence performance of the Agreement pursuant to the schedule(s) set forth in Exhibit A.All Work shall be performed by no later than August 30, 2024. 4. Compensation: A. Amount. Total compensation to Consultant for Work provided pursuant to this Agreement shall not exceed $31,400.00, plus any applicable state and local sales taxes. Compensation shall be paid based upon Work actually performed according to the rate(s)or amounts specified in Exhibit A. The Consultant agreesthat any hourly or flat rate charged by it for its Work shall remain locked at the negotiated rate(s) unless otherwise agreed to in writing orprovided in Exhibit A. Except as specifically provided herein, the Consultant shall be solely responsible for payment of any taxes imposed as a result of the performance and payment of this Agreement. B. Method of Payment. On a monthly or no less than quarterly basis during any quarter inwhichWorkisperformed,theConsultantshallsubmitavoucherorinvoiceinaform specified by the City, including a description of what Work has been performed, the name of the personnel performing such Work, and any hourly labor charge rate for such personnel. The Consultant shall also submit a final bill upon completion of all       CAG-24-217 PAGE 2 OF 10 Work. Payment shall be made by the City for Work performed within thirty (30) calendardaysafterreceipt and approvalbythe appropriate Cityrepresentativeofthe voucher or invoice. If the Consultant’s performance does not meet the requirements of this Agreement, the Consultant will correct or modify its performance to comply with the Agreement.TheCity maywithhold paymentforwork that doesnot meetthe requirements of this Agreement. C. Effect of Payment. Payment for any part of the Work shall not constitute a waiver by the City of any remedies it may have against the Consultant for failure of the Consultant to perform the Work or for any breach of this Agreement by the Consultant. D. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City shall not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5. Termination: A. The City reserves the right to terminate this Agreement at any time, with or without causebygivingten(10)calendardays’noticetotheConsultantinwriting.Intheevent ofsuchterminationorsuspension,allfinishedorunfinisheddocuments,data,studies, worksheets, models and reports, or other material prepared by the Consultant pursuant to this Agreement shall be submitted to the City, if any are required as part of the Work. B. In the event thisAgreement isterminated bytheCity, the Consultant shallbe entitled topaymentforallhoursworkedtotheeffectivedateoftermination,lessallpayments previouslymade.IftheAgreementisterminatedbytheCityafterpartialperformance of Work for which the agreed compensation is a fixed fee, the City shall pay the Consultant an equitable share of the fixed fee. This provision shall not prevent the City from seekingany legal remedies it may have for the violation or nonperformance of any of the provisions of this Agreement and such charges due to the City shall be deducted from the final payment due the Consultant. No payment shall be made by the City for any expenses incurred or work done following the effective date of termination unless authorized in advance in writing by the City. 6. Warranties And Right To Use Work Product: Consultant represents and warrants that Consultant will perform all Work identified in this Agreement in a professional and workmanlike manner and in accordance with all reasonable and professional standards and laws.Compliancewithprofessionalstandardsincludes,asapplicable,performingthe        PAGE 3 OF 10 Work in compliance with applicable City standards or guidelines (e.g. design criteria and StandardPlansfor Road,Bridge andMunicipal Construction).Professionalengineers shall certify engineering plans, specifications, plats, and reports, as applicable, pursuant to RCW 18.43.070. Consultant further represents and warrants that all final work product createdforanddeliveredtotheCitypursuanttothisAgreementshallbetheoriginalwork of the Consultant and free from any intellectual property encumbrance which would restrict the City from using the work product. Consultant grants to the City a non- exclusive, perpetual right and license to use, reproduce, distribute, adapt, modify, and display all final work product produced pursuant to this Agreement. The City’s or other’s adaptation, modification or use of the final work products other than for the purposes of this Agreement shall be without liability to the Consultant. The provisions of this section shall survive the expiration or termination of this Agreement. 7. Record Maintenance: The Consultant shall maintain accounts and records, which properly reflect all direct and indirect costs expended and Work provided in the performance of this Agreement and retain such records for as longas maybe required by applicable Washington State records retention laws, but in any event no less than six years after the termination of this Agreement. The Consultant agrees to provide access to and copies of any records related to this Agreement as required by the City to audit expendituresandchargesand/ortocomplywiththeWashingtonStatePublicRecordsAct (Chapter 42.56 RCW). The provisions of this section shall survive the expiration or termination of this Agreement. 8. Public Records Compliance: To the full extent the City determines necessary to comply withtheWashingtonStatePublicRecordsAct,Consultantshallmakeaduediligentsearch of all records in its possession or control relating to this Agreement and the Work, including, but not limited to, e-mail, correspondence, notes, saved telephone messages, recordings, photos, or drawings and provide them to the Cityfor production. In the event Consultant believes said records need to be protected from disclosure, it may, at Consultant’s own expense, seek judicial protection. Consultant shall indemnify, defend, and hold harmless the City for all costs, including attorneys’ fees, attendant to any claim or litigation related to a Public Records Act request for which Consultant has responsive records and for which Consultant has withheld records or information contained therein, or not provided them to the City in a timely manner. Consultant shall produce for distribution any and all records responsive to the Public Records Act request in a timely manner, unless those records are protected by court order. The provisions of this section shall survive the expiration or termination of this Agreement. 9. Independent Contractor Relationship: A. TheConsultantisretainedbytheCityonlyforthepurposesandtotheextentsetforth inthisAgreement.ThenatureoftherelationshipbetweentheConsultantandtheCity during the period of the Work shall be that of an independent contractor, not        PAGE 4 OF 10 employee.TheConsultant,nottheCity,shallhavethepowertocontrolanddirectthe details, manner or means of Work. Specifically, but not by means of limitation, the Consultant shall have no obligation to work any particular hours or particular schedule, unless otherwise indicated in the Scope of Work or where scheduling of attendance or performance is mutually arranged due to the nature of the Work. Consultant shall retain the right to designate the means of performing the Work covered by this agreement, and the Consultant shall be entitled to employ other workers at such compensation and such other conditions as it may deem proper, provided, however, that any contract so made by the Consultant is to be paid by it alone, and that employing such workers, it is acting individually and not as an agent for the City. B. The City shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or contributing to the State Industrial Insurance Program,orotherwiseassumingthedutiesofanemployerwith respecttoConsultant or any employee of the Consultant. C. If the Consultant isa soleproprietorship or ifthisAgreement iswith an individual, the ConsultantagreestonotifytheCityand completeanyrequiredform if theConsultant retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Consultant’s failure to do so. 10. Hold Harmless: The Consultant agrees to release, indemnify, defend, and hold harmless the City, elected officials, employees, officers, representatives, and volunteers from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties, expenses, attorney’s or attorneys’ fees, costs, and/or litigation expenses to or by any and all persons orentities, arising from, resulting from, or related to the negligent acts, errors or omissions of the Consultant in its performance of this Agreement or a breach of this Agreement by Consultant, except for that portion of the claims caused by the City’s sole negligence. Shouldacourtofcompetentjurisdiction determinethatthisagreementissubjecttoRCW 4.24.115, (Validity of agreement to indemnify against liability for negligence relative to construction,alteration,improvement,etc.,ofstructureorimprovementattachedtoreal estate…) 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, Consultant’s liability shall be only to the extent of Consultant’s negligence. It is further specifically and expressly understood that the indemnification provided in this Agreement constitute Consultant’s waiver of immunity under the Industrial        PAGE 5 OF 10 Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties have mutually negotiated and agreed to this waiver. The provisions of this section shall survive the expiration or termination of this Agreement. 11. Gifts and Conflicts: The City’s Code of Ethics and Washington State law prohibit City employees from soliciting, accepting, or receiving any gift, gratuity or favor from any person, firm or corporation involved in a contract or transaction. To ensure compliance with theCity’sCodeof Ethicsand statelaw,the Consultantshallnot giveagiftof anykind to City employees or officials. Consultant also confirms that Consultant does not have a businessinterestoraclosefamilyrelationshipwithanyCityofficeroremployeewhowas, is, or will be involved in selecting the Consultant, negotiating or administering this Agreement, or evaluating the Consultant’s performance of the Work. 12. City of Renton Business License: Unless exempted by the Renton Municipal Code, Consultant shall obtain a City of Renton Business License prior to performing any Work and maintain the business license in good standing throughout the term of this agreement with the City. Information regarding acquiring a city business license can be found at: https://www.rentonwa.gov/Tax Information regarding State business licensing requirements can be found at: https://dor.wa.gov/doing-business/register-my-business 13. Insurance: Consultant shall secure and maintain: A. Commercial general liability insurance in the minimum amounts of $1,000,000 for each occurrence/$2,000,000 aggregate for the Term of this Agreement. B. In the event that Work delivered pursuant to this Agreement either directly or indirectly involve or require Professional Services, Professional Liability, Errors and Omissions coverage shall be provided with minimum limits of $1,000,000 per occurrence. "Professional Services", for the purpose of this section, shall mean any Work provided by a licensed professional or Work that requires a professional standard of care. C. Workers’ compensationcoverage, as required bythe Industrial Insurance laws of the State of Washington, shall also be secured. D. Commercial Automobile Liability for owned, leased, hired or non-owned, leased, hired or non-owned, with minimum limits of $1,000,000 per occurrence combined single limit, if there will be any use of Consultant’s vehicles on the City’s Premises by or on behalf of the City, beyond normal commutes.        PAGE 6 OF 10 E. Consultant shall name the City as an Additional Insured on its commercial general liability policy on a non-contributory primary basis. The City’s insurance policies shall not be a source for payment of any Consultant liability, nor shall the maintenance of any insurance required by this Agreement be construed to limit the liability of Consultant to the coverage provided by such insurance or otherwise limit the City’s recourse to any remedy available at law or in equity. F. Subject to the City’s review and acceptance, a certificate of insurance showing the proper endorsements, shall be delivered to the City before performing the Work. G. Consultant shallprovide the Citywith written notice of anypolicy cancellation, within two (2) business days of their receipt of such notice. 14. Delays: Consultant is not responsible for delays caused by factors beyond the Consultant’s reasonable control. When such delays beyond the Consultant’s reasonable controloccur,the Cityagrees the Consultant isnot responsiblefordamages, nor shall the Consultant be deemed to be in default of the Agreement. 15. Successors and Assigns: Neither the City nor the Consultant shall assign, transfer or encumber any rights, duties or interests accruing from this Agreement without the written consent of the other. 16. Notices: Any notice required under this Agreement will be in writing, addressed to the appropriate party at the address which appears below (as modified in writing from time totimebysuchparty),and givenpersonally,byregisteredor certifiedmail,returnreceipt requested,byfacsimileorbynationally recognized overnight courierservice.Timeperiod for notices shall be deemed to have commenced upon the date of receipt, EXCEPT facsimile delivery will be deemed to have commenced on the first business day following transmission. Email and telephone may be used for purposes of administering the Agreement,butshouldnotbeusedto giveanyformal noticerequiredbythe Agreement. CITY OF RENTON Debbie Boodell 1055 SouthGradyWay Renton, WA 98057 Phone:(206) 556-5026 E-mail Address: dboodell@rentonwa.com CONSULTANT CivTech 14720 East 20th Avenue Spokane Valley,WA99037 Phone: (602) 290-3016 E-mail: smessner@civtech.com        PAGE 7 OF 10 17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational qualification, the Consultant agrees as follows: A. Consultant, and Consultant’s agents, employees, representatives, and volunteers with regard to the Work performed or to be performed under this Agreement, shall not discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation or preference, age (except minimum age and retirement provisions), honorably discharged veteran or military status, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification in relationship to hiring and employment, in employment or application for employment, the administration of the delivery of Work or any other benefits under this Agreement, or procurement of materials or supplies. B. TheConsultantwilltakeaffirmativeactiontoinsurethatapplicantsareemployedand that employees are treated during employment without regard to their race, creed, color, national origin, sex, age, sexual orientation, physical, sensory or mental handicaps, or marital status. Such action shall include, but not be limited to the following employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training. C. If the Consultant fails to comply with any of this Agreement’s non-discrimination provisions, the City shall have the right, at its option, to cancel the Agreement in whole or in part. D. The Consultant is responsible to be aware of and in compliance with all federal, state and local laws and regulations that may affect the satisfactory completion of the project, which includes but is not limited to fair labor laws, worker's compensation, and Title VIofthe Federal Civil RightsAct of 1964,and will complywith Cityof Renton Council Resolution Number 4085. 18. Miscellaneous:The parties hereby acknowledge: A. The City is not responsible to train or provide training for Consultant. B. Consultant will not be reimbursed for job related expenses except to the extent specifically agreed within the attached exhibits. C. Consultant shall furnish all tools and/or materials necessary to perform the Work except to the extent specifically agreed within the attached exhibits. D. In the event special training, licensing, or certification is required for Consultant to provide Work he/she will acquire or maintain such at his/her own expense and, if Consultantemploys,sub-contracts,orotherwiseassignstheresponsibilitytoperform        PAGE 8 OF 10 the Work, said employee/sub-contractor/assignee will acquire and or maintain such training, licensing, or certification. E. This is a non-exclusive agreement and Consultant is free to provide his/her Work to other entities, so long asthere isno interruption or interference with the provision of Work called for in this Agreement. F. Consultant is responsible for his/her own insurance, including, but not limited to health insurance. G. Consultantisresponsibleforhis/herownWorker’sCompensation coverageaswellas that for any persons employed bythe Consultant. 19. Other Provisions: A. Approval Authority. Each individual executing this Agreement on behalf of the City and Consultant represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the City or Consultant. B. General Administration and Management. The City’s project manager is Debbie Boodell. In providing Work, Consultant shall coordinate with the City’s contract manager or his/her designee. C. Amendment and Modification. This Agreement may be amended only by an instrument in writing, duly executed by both Parties. D. Conflicts. In the event of any inconsistencies between Consultant proposals and this Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to this Agreement are incorporated by reference only to the extent of the purpose for which they are referenced within this Agreement. To the extent a Consultant prepared exhibit conflicts with the terms in the body of this Agreement or contains terms that are extraneous to the purpose for which it is referenced, the terms in the body of this Agreement shall prevail and the extraneous terms shall not be incorporated herein. E. Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington and the City of Renton. Consultant and all of the Consultant’s employees shall perform the Work in accordance with all applicable federal, state, county and city laws, codes and ordinances. F. Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared by the joint efforts of the Parties and shall not be construed against one party or the        PAGE 9 OF 10 other as a result of the preparation, substitution, submission or other event of negotiation, drafting or execution. G. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or interpret this Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King County, Washington, or itsreplacement or successor. Consultant hereby expressly consents to the personal and exclusive jurisdiction and venue of such court even if Consultant is a foreign corporation not registered with the State of Washington. H. Severability. A court of competent jurisdiction’s determination that any provision or part of this Agreement is illegal or unenforceable shall not cancel or invalidate the remainder of this Agreement, which shall remain in full force and effect. I. Sole and Entire Agreement. This Agreement contains the entire agreement of the Parties and any representations or understandings, whether oral or written, not incorporated are excluded. J. Time is of the Essence. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Work is essential to the Consultant’s performance of this Agreement. K. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be construed to give any rights or benefits in the Agreement to anyone other than the Parties,andalldutiesand responsibilitiesundertaken pursuanttothisAgreementwill be for the sole and exclusive benefit of the Parties and no one else. L. Binding Effect. The Parties each bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement, and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants of the Agreement. M. Waivers. All waivers shall be in writing and signed by the waiving party. Either party’s failure to enforce any provision of this Agreement shall not be a waiver and shall not prevent either the City or Consultant from enforcing that provision or any other provision of this Agreement in the future. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach unless it is expressly waived in writing.        PAGE 10 OF 10 N. Counterparts. The Parties may execute this Agreement in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date last signed by the Parties below. CITY OF RENTON By: CONSULTANT By: Martin Pastucha Public Works Administrator Dawn C. Catier Principal/President Date Date Approved as to Legal Form By: Shane Moloney City Attorney ContractTemplate Updated5/21/2021 June 24, 2024 Dawn D Cartier Digitally signed by Dawn D Cartier Date: 2024.06.24 06:36:10 -07'00'              Approved by Cheryl Beyer via email 6/25/2024 Exhibit A SCOPE/CONTRACT April 1, 2024 Debbie Boodell PW Facilities – Capital Project Coordinator 1055 South Grady Way Renton, Washington 98057 Phone: Mobile: 206.556.5026 Email: dboodell@rentonwa.gov RE: PROPOSAL TO PROVIDE TRAFFIC ENGINEERING SERVICES FOR THE RENTON PAVILION RENOVATION – RENTON, WASHINGTON Dear Ms. Boodell: CivTech is pleased to present the City of Renton (the “City”) with this proposal to provide traffic engineering services for the City’s Pavilion Renovation project located in the heart of City (the “Project”). The City desires to renovate the Pavilion center to include new vendor stalls to cater for a new market, two (2) large anchor tenants at the east and west side of the Pavilion structure and upgrading the Piazza Park on the south side of the Pavilion. It is believed that the above land use changes may generate an increase of more than 20 vehicles during the typical AM or PM peak hour. The City desires to confirm the new trips generated by the change in uses through documentation of a Traffic Statement or Letter. Should more than 20 new trips be generated by the site, the City desires for the completion of a Traffic Impact Analysis (TIA), per the City of Renton TIA Guidelines, dated February 24, 2023. Should a TIA be required, the study intersections would include the site driveways and adjacent intersections that are likely to experience a 5% increase or more in peak hour traffic resulting from the proposed land use action. The study horizon years would include the existing year and the project horizon year for the build and no-build conditions. Based on the above, CivTech proposes the following scope of work for this project. SCOPE OF WORK – TRAFFIC STATEMENT Data Collection – CivTech will conduct one aerial site visit to document the existing conditions. CivTech will request information from the City for use in completing this study. Information requested could include average annual growth rate assumptions to be used to project horizon year non-site (background) traffic volumes; crash history for study area segments and/or intersections; copies of any traffic impact-, traffic signal warrant-, and related studies that may have recently received or CivTech Inc. • 14720 East 20th Avenue • Spokane Valley, WA 99037 Cell: 602.290.3016        Traffic Engineering Services Proposal Renton Pavilion Renovation – Renton, Washington Page 2 approved in association with either other planned development in the study area or potential future transportation system improvements in the study area. Site Trip Generation – Trip generation information published in the latest (11th) edition of the Institute of Transportation Engineers’ (ITE) Trip Generation Manual will be used to estimate site traffic volumes for this development. Initial TS – CivTech will prepare a draft of the traffic statement to document the analyses conducted and resulting recommendations. This draft TS will conform to the requirements of the reviewing agency. The draft TS will be submitted electronically to the Client for review and comment. Client comments will be addressed, after which copies of the initial report will be submitted to the Client for submittal or, at the direction of the Client, to the reviewing agency. Response to Comments – If comments are received from the reviewing agency, CivTech will review the comments to identify any critical issues to be discussed with the Client. If necessary, CivTech may suggest that a meeting with agency staff be scheduled to resolve these critical issues. This and all meetings will be billed on a time and materials (T&M) basis according to the billing rates listed on Attachment B. After all issues have been resolved in principle, CivTech will revise the initial report to address the agency’s comments and submit a draft of the revised report to the Client for review. Revised TS – A revised TS will be prepared addressing the comments received from the reviewing agency. The preparation of one revised report (a second submittal) to address the first set of agency review comments is considered as part of the original scope of work. Further revisions to address subsequent comments are not included in this scope of work and these services will be billed as on a time and materials (T&M) basis according to the billing rates listed on Attachment B. SCOPE OF WORK – TRAFFIC IMPACT ANALYSIS Should the Traffic Statement document more than 20 peak hour trips be generated by the proposed Project, CivTech will then prepare a TIA per the City guidelines based on the scope herein. Please note that the number of study intersections could change depending on the outcome of the Traffic Statement and could result in minor changes to the Scope and Fee noted herein. The scope and fee for the TIA are considered estimates and may be modified pending the approval of the Traffic Statement. Data Collection – CivTech will lead one (1) Project kick-off meeting with the City to further refine the study area, study intersections, and the anticipated horizon year for analysis, as well as discuss the growth rate to be utilized for the analysis. CivTech will request information from the reviewing agency and, if applicable, other adjacent/nearby jurisdictions for use in completing this study. Information requested could include average annual growth rate assumptions to be used to project horizon year non-site (background) traffic volumes; crash history for study area segments and/or intersections; copies of any traffic impact-, traffic signal warrant-, and/or related studies that may have recently received or approved in association with either other planned development in the study area or potential future transportation system improvements in the study area.        Traffic Engineering Services Proposal Renton Pavilion Renovation – Renton, Washington Page 3 Traffic Counts – CivTech expects that up to the eight (8) intersections listed below will be included in the study area and that new weekday AM (7-9) and PM (4-6) peak period traffic counts will be required at each. For budgeting purposes, an estimate for these turning movement counts has been established as part of this scope of work. 1. City Center Parking Garage Egress & 2nd Street2. City Center Parking Garage Ingress & 2nd Street 3. Logan Avenue & 2nd Street 4. Logan Avenue & Pavilion Driveway 5. Logan Avenue & Driveway north of 3rd Street 6. Logan Avenue & 3rd Street 7. Burnett Avenue & 2nd Street 8. Burnett Avenue & 3rd Street CivTech will first confirm with the City the number of intersections to be evaluated and may refine this list based on the outcome of the Traffic Statement. Crash Analysis – The City requires that the crash history be analyzed at the existing study intersections. For each of the existing study intersections, CivTech will coordinate with the City to obtain the WSDOT (or City owned) crash data for the latest three calendar years (2021 to 2023) and conduct a crash analysis. Various crash summary tables (by type of crash, by severity, etc.) will be provided in the TIA with text to explain the crash history and any patterns of collision identified with appropriate mitigation measures. Site Trip Generation, Distribution, and Assignment – Trip generation information published in the latest (11th) edition of the Institute of Transportation Engineers’ (ITE) Trip Generation Manual will be used to estimate site traffic volumes for this development. CivTech will estimate trip distribution percentages (i.e., to/from north, south, east, or west) using socio-economic data available from accepted sources. The numbers of in- and outbound site trips will be calculated using the directional distribution percentages (i.e., entering vs. exiting) provided in the Trip Generation Manual. The site trips will be assigned through the proposed site driveways to the adjacent roadway network and illustrated in a figure for each horizon year / development phase scenario. Internal Capture/Pass-By Trips – The phenomena of internal capture or interaction (where one vehicular trip results in its occupants visiting more than one use within a development) and pass-by trips (trips drawn from vehicles already passing by the development) have the effect of reducing the actual number of site trips added to the surrounding roadway network. Accounting for either or both eliminates the effects of double-counting trips and has the potential to reduce delays at the external street intersections. Internal capture and pass-by trip rates will be calculated using the methodology and/or data presented in ITE’s Trip Generation Handbook and the latest published information from the Transportation Research Board (TRB). Before applying either rate (and, thereby, risking a negative review comment from the reviewing agency that renders CivTech’s analysis partly or entirely invalid), CivTech will confirm the calculated rates with agency traffic engineers to determine if the staff would prefer CivTech to cap either or both of those rates at predetermined maximums. Background Traffic Growth Projections –CivTech will confirm the 5% annual growth rate to be applied to recorded turning movements to project future non-site or background traffic volumes for the study horizon years. To the extent such information is available, CivTech will add site traffic volumes for other planned development in the study area.        Traffic Engineering Services Proposal Renton Pavilion Renovation – Renton, Washington Page 4 Capacity Analysis – Synchro software and methods described in the latest (6th) edition of the Highway Capacity Manual (HCM 2016) will be used to analyze the operation of the study intersections. Analysis will be performed for AM and PM peak hours of the existing year and the build-out year. Improvement/Mitigation Analysis – Based on the results of the capacity analysis, CivTech will determine off-site transportation improvements—beyond those indicated on the Client-provided site plan as being provided with the Project—that may be warranted to accommodate the proposed development and background traffic through the horizon year. This will include determining lane configurations for the side-street approaches to all site perimeter access point intersections required to achieve acceptable levels of service. Traffic Control Needs – Each driveway and street intersection to which site traffic is to be assigned will be evaluated to determine whether additional and/or alternate forms of traffic control will be needed to maintain acceptable levels of service through buildout of the Project. Turn Lane Warrant Analysis and Queue Storage Calculations – CivTech will conduct a turn lane warrant analysis for each intersection along the perimeter of the proposed development where site access is to be provided to determine if right and/or left turn lanes not already in existence or planned will be warranted at these intersections. For any that are determined to be warranted, CivTech will determine storage length requirements using agency, Synchro, and/or AASHTO methodology. Access and Circulation Analysis – CivTech will analyze the site access(es) and internal circulation system design to assure appropriate accommodations are made for both vehicle turnaround for large vehicles and for access to, from, and/or through individual areas of the development. Sight Distance Analysis – Required sight distances at the site access points will be calculated using AASHTO methodology and/or agency guidelines and will be evaluated to determine if the proper sight distances will be available at proposed site driveways. Initial TIA – CivTech will prepare a draft of the traffic impact analysis to document the analyses conducted and resulting recommendations. This draft TIA will conform to the requirements of the reviewing agency. The draft TIA will be submitted electronically to the Client for review and comment. Client comments will be addressed, after which copies of the initial report will be submitted to the Client for submittal or, at the direction of the Client, to the reviewing agency. Response to Comments – If comments are received from the reviewing agency, CivTech will review the comments to identify any critical issues to be discussed with the Client. If necessary, CivTech may suggest that a meeting with agency staff be scheduled to resolve these critical issues. This and all meetings will be billed on a time and materials (T&M) basis according to the billing rates listed on Attachment B. After all issues have been resolved in principle, CivTech will revise the initial report to address the agency’s comments and submit a draft of the revised report to the Client for review.        Traffic Engineering Services Proposal Renton Pavilion Renovation – Renton, Washington Page 5 Revised TIA – A revised TIA will be prepared addressing the comments received from the reviewing agency. The preparation of one revised report (a second submittal) to address the first set of agency review comments is considered as part of the original scope of work. Further revisions to address subsequent comments are not included in this scope of work and these services will be billed as on a time and materials (T&M) basis according to the billing rates listed on Attachment B. SCOPE OF WORK – MEETINGS CivTech is pleased to attend any meetings associated or required to fulfill the contract, including those with the Client, neighbors, agency staff, development review boards/commissions, councils, etc., and can do so on a time and materials (T&M) basis according to the billing rates listed on Attachment B. Since the round-trip travel time is 10 hours and 600 miles (a total estimated fee of $3,300 for the Project Manager’s attendance at a 1-hour meeting in Renton from Spokane Valley), CivTech will attempt to address all questions and comments via electronic methods (telephone, emails, teleconferencing, videoconferencing, etc.). For the purpose of developing the initial estimate, it is assumed there will be no more than eight (8) 1-hour teleconferences with agency staff. ADDITIONAL ITEMS EXCLUDED FROM ORIGINAL SCOPE OF WORK Although CivTech is qualified to perform these services, they are excluded from this scope of work. Should additional services be required, an addendum to this scope will be prepared and provided to the Client. • Developing and/or analyzing additional phased improvements beyond the horizon years identified herein. • Preparing a Parking Analysis. • Preparing cost estimates for future improvements. • Preparing materials for a neighborhood meeting. • Traffic Calming Evaluation or Design. • Signal Design. • Signing and Striping Plans. • Roadway or Pedestrian illumination. • Enhanced Pedestrian Crossing evaluations or designs. • Revisions required by change of proposed site plan and/or access points. • Detailed traffic management plans. • Addressing comments beyond those required for the second document submittal. • Traffic counts in addition to those identified above. • Meetings in excess of the fee proposed herein. INFORMATION REQUIRED CivTech will require a scalable original, application-generated (not scanned) electronic file of the proposed site plan, preferably in portable document format (pdf), for use as a base for figures in the study. The site plan should include complete project information, such as land uses, building sizes and locations and display all major access points to the arterial street system. CivTech will need the anticipated opening year of the development.        Traffic Engineering Services Proposal Renton Pavilion Renovation – Renton, Washington Page 6 SCHEDULE The initial Traffic Statement is scheduled for completion within ten (10) working days of receiving the notice to proceed or contract from the City of Renton. The initial TIA is scheduled for completion within twenty (20) working days of receiving the traffic counts and all requested data from the City of Renton. It is estimated that traffic counts could take up to ten (10) working days for receipt after being ordered. Site plan changes before submittal dates could delay the schedule presented herein. Site plan changes that result in re-work will be considered a change in scope and will be billed as additional services. FEE Based on our understanding of the scope of work required for this project, CivTech can conduct this scope of work for the itemized fees and estimates shown below. The Client will be responsible for all submittals and fees associated with the review and approval of the herein described traffic impact analysis. Any items of work not included in this scope will be billed on an hourly basis according to the billing rates listed on Attachment B. No work element will be conducted without the prior approval of the Client. Task Fee Traffic Statement (T&M, estimate) $4,900 Traffic Impact Analysis (T&M, estimate) $16,800 Traffic Counts (T&M, estimate) $2,800 Responses to Comments and 3rd or More Submittals (T&M, estimate per each) $4,000 Meetings (T&M, estimate) $2,040 Reimbursable Expenses (T&M, estimate) $600 The Client agrees that, to the fullest extent permitted by law, any claims, losses, or expenses arising out of this agreement will not exceed the total amount of the fee. Such causes include but are not limited to negligence, errors, omissions, strict liability, breach of contract and breach of warranty. Only those items listed as direct expenses in the attached fee estimate are included within the cost proposed. The Client will be responsible for all submittals and fees associated with the review and approval of this study by the City. All other miscellaneous costs occurred as part of this analysis (deliveries, report binding, etc.) will be considered reimbursable expenses. Reimbursable expenses will be billed at cost and will appear as a separate line item on each invoice. The reimbursable expenses include an estimate for one (1) electronic scanned copy of the final TIA in portable document file (pdf) format after final approval by the reviewing agency. CivTech will provide only electronic versions of submittals to the Client and or development team. The Client may request at its own expense bound, printed copies for the agency, if required, and for Client records. INVOICING Invoicing will be sent at the end of each month and with substantial completion of the project. Invoices will be based on a percent complete or hours-to-date basis and must be paid within 30 days of the invoice date (“Net 30”). If the client fails to pay the invoice when due, CivTech will suspend all        Traffic Engineering Services Proposal Renton Pavilion Renovation – Renton,Washington Page 7 services until the invoice is paid in full. Should the client contest an invoice, it must be in writing within 10 days following prompt pay law protocol. Once an uncontested invoice is 30 days past due, the full amount will be charged an interest rate of one-and-one-half percent (1.5%) per month compounded. CivTech may seek payment of the invoice by means of an attorney. The Client agrees to pay all costs, including but not limited to attorney fees. CivTech Inc. retains the rights of ownership of all documents and files until which time the project has been paid in full, including but not limited to lump sum fees, time and material fees and reimbursable fees, by the Client or representative party. CONTRACT COMPLETION Unless otherwise extended by contract modification, this contract will be completed upon approval of CivTech’s work product and the clearance of final payment from the Client. Thank you for allowing CivTech to assist you on this project. Please contact me with any questions you may have on this fee proposal. If this scope of work and fee proposal is acceptable to you, please sign and return one copy of this proposal granting CivTech authorization to proceed on the project. Sincerely, CivTech Sean Messner, PE Senior Project Manager/Senior Traffic Engineer Approved and Accepted: City of Renton (Client) Signature Dawn D. Cartier, PE, PTOE Print Name Principal/President Title Signature Print Name Title April 1, 2024 Date Date CivTech Inc.        Project Area – Included Intersections Renton Pavilion Renovation Traffic Impact Analysis April 1, 2024 ATTACHMENT A City Center Parking Garage Egress & 2nd Street City Center Parking Garage Ingress & 2nd Street Logan Avenue & 2nd Street Logan Avenue & Pavilion Driveway Logan Avenue & Driveway north of 3rd Street Logan Avenue & 3rd Street Burnett Avenue & 2nd Street Burnett Avenue & 3rd Street        CivTech Inc. HOURLY RATES ATTACHMENT B CLASSIFICATION AVERAGE HOURLY RATE PROJECT PRINCIPAL $280.00 SENIOR PROJECT MANAGER $255.00 SENIOR TRANSPORTATION PLANNER $245.00 PROJECT MANAGER/SENIOR ENGINEER $235.00 SENIOR DESIGNER $215.00 PROJECT ENGINEER $200.00 PROJECT DESIGNER/PLANNER/SR TECHNICIAN $180.00 E.I.T. $170.00 TECHNICIAN $150.00 GRAPHIC DESIGNER $130.00 DRAFTER $130.00 PROJECT ASSISTANT $120.00 ENGINEERING/PLANNING INTERN $100.00 ADMINISTRATIVE ASSISTANT $85.00 Rev. 1-2024        Renton Pavilion Renovation 2-Stage TIA Fee April 1, 2024 CIVTECH INC. 1 of 3 ATTACHMENT C DERIVATION OF ESTIMATED FEE ESTIMATED DIRECT LABOR Task 1. Traffic Statement ESTIMATED CLASSIFICATION MANHOURS AVERAGE HOURLY RATE LABOR COST PROJECT PRINCIPAL 1.0 $280.00 $280.00 SENIOR PROJECT MANAGER 6.5 $255.00 $1,657.50 SENIOR TRANSPORTATION PL 0.0 $245.00 $0.00 PROJECT MANAGER/SENIOR E 0.0 $235.00 $0.00 SENIOR DESIGNER 0.0 $215.00 $0.00 PROJECT ENGINEER 14.0 $200.00 $2,800.00 PROJ DSGNR/PLANNER/SR TE 0.0 $180.00 $0.00 E.I.T. 0.0 $170.00 $0.00 TECHNICIAN 0.0 $150.00 $0.00 GRAPHIC DESIGNER 0.0 $130.00 $0.00 DRAFTER 0.0 $130.00 $0.00 PROJECT ASSISTANT 0.0 $120.00 $0.00 ENGINEERING/PLANNING INTE 0.0 $100.00 $0.00 ADMINISTRATIVE ASSISTANT 1.5 23.0 $85.00 $127.50 Estimated Fee (Task 1. Tr affic Statement) 4,900.00 Task 2. Traffic Impact Analysis PROJECT PRINCIPAL 3.0 $280.00 $840.00 SENIOR PROJECT MANAGER 22.5 $255.00 5,737.50 SENIOR TRANSPORTATION PL 0.0 $245.00 $0.00 PROJECT MANAGER/SENIOR E 0.0 $235.00 0.00 SENIOR DESIGNER 0.0 $215.00 0.00 PROJECT ENGINEER 42.5 $200.00 8,500.00 PROJ DSGNR/PLANNER/SR TE 0.0 $180.00 0.00 E.I.T. 0.0 $170.00 0.00 TECHNICIAN 0.0 $150.00 0.00 GRAPHIC DESIGNER $130.00 0.00 DRAFTER 0.0 $130.00 0.00 PROJECT ASSISTANT 0.0 $120.00 0.00 ENGINEERING/PLANNING INTE 0.0 $100.00 0.00 ADMINISTRATIVE ASSISTANT 3.5 $85.00 297.50 71.5 Estimated Fee (Task 2. Traffic Impact Analysis) 15,375.00 TOTAL ESTIMATED DIRECT EXPENSES (See Sheet 3 of 3) 1,350.00 TASK 2 ESTIMATED FEE (LABOR+DIRECT EXPENSES) 16,800.00 TRAFFIC COUNTS 2,800.00 ESTIMATED REIMBURSABLES (See Sheet 3 of 3) 600.00 MEETINGS ALLOWANCE 1-hr Mtg/Teleconference(s) (T&M) 2,040.00 MEETINGS ALLOWANCE (INCLUDING MILEAGE) $2,040.00 TOTAL TRAFFIC COUNTING $2,800.00        Renton Pavilion Renovation 2-Stage TIA Fee April 1, 2024 CIVTECH INC. 2 of 3 ATTACHMENT C DERIVATION OF ESTIMATED FEE Dsnr/ Proj Sr Sr PM Sr Proj Plnnr/ TASK Princ PM Plnnr SrEng Dsgnr Engr Tech EIT Tech Drafte PA Intern Adm Total Task 1. Traffic Statement 1. Project Management, Schedule, Invoicing 1.0 1.0 2.0 2. Data Collection 1.0 1.0 3. Trip Generation 1.0 1.0 2.0 4. Internal Capture 0.5 1.0 1.5 5. Initial Report 2.0 6.0 8.0 6. Comment Responses (1 set) 1.0 2.0 3.0 7. Final Report 1.0 3.0 0.5 4.5 8. QA/QC 1.0 1.0 Task Hours 1.0 6.5 0.0 0.0 0.0 14.0 0.0 0.0 0.0 0.0 0.0 0.0 1.5 23.0 Task 2. Traffic Impact Analysis 1. Project Management, Schedule, Invoicing 2.0 2.0 4.0 2. Trip Distribution and Assignment 0.5 2.0 2.5 3. Crash Analysis 1.0 2.0 3.0 4. Background Growth Rate 0.5 1.0 1.5 5. Future Traffic Volumes Build-Out Year 1.0 2.0 3.0 6. Capacity Analyses Existing 2.0 4.0 6.0 Build-Out Year 3.0 6.0 9.0 7. Improvement/Mitigation Analysis 0.5 1.0 1.5 8. Traffic Control Needs 0.5 1.0 1.5 9. Turn Lane Warrant & Queuing Analyses 0.5 1.0 1.5 10. Sight Distance Analysis 0.5 0.5 11. Initial Report 6.0 12.0 0.5 18.5 12. Comment Responses (1 set) 2.0 4.0 6.0 13. Final Report 3.0 6.0 1.0 10.0 14. QA/QC 3.0 3.0 Task Hours 3.0 22.5 0.0 0.0 0.0 42.5 0.0 0.0 0.0 0.0 0.0 0.0 3.5 71.5 MEETINGS ALLOWANCE 1-hr Mtg(s) with Agency (T&M) 1 Drive time per direction (hrs) 1.00 1-hr Mtg(s) w/ Client/Proj Tm (T&M) 1 Drive time per direction (hrs) 1.00 1-hr Mtg/Teleconference(s) (T&M) 1 8.0 8.0 Total Est'd Mtgs Allowance (Hrs) 0.0 8.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 8.0        Renton Pavilion Renovation 2-Stage TIA Fee April 1, 2024 CIVTECH INC. 3 of 3 ATTACHMENT C ESTIMATED DIRECT EXPENSES Travel (Mileage) Site Visit miles @ $0.670 $0.00 Reproduction Printing 200 pages @ $0.20 $40.00 Photos & Development 0 rolls @ $12.00 $0.00 Report Figures Figures & Drafting 10 hours @ $130.00 $1,300.00 Total Estimated Direct Expenses $1,346.00 TRAFFIC COUNTS Wkday 4 Hrs (7-9,2-4 or 4-6) 8 each @ $340.00 $2,720.00 Total Traffic Counting $2,720.00 REIMBURSABLE COSTS CD-ROM with .pdf 0 each @ $40.00 $0.00 Hotel & Per Diem 0 each @ $80.00 $0.00 Deliveries 3 each @ $40.00 $120.00 8½x11 Copies 1500 pages @ $0.20 $300.00 Binding & Cover 12 each @ $15.00 $180.00 Total Reimburseables $600.00 MEETINGS MILEAGE Meetings Mileage 0 miles @ $0.670 $0.00