HomeMy WebLinkAboutContractDocusign Envelope ID: 3861397 A-6BB8-46C6-B63A-2A 1 EDE7D2790
AGREEMENT FOR ITS AND SMART MOBILITY MASTER PLAN
CAG-24-087
THIS AGREEMENT, dated for reference purposes only as December 23, 2024, is by and between
the City of Renton (the "City"), a Washington municipal corporation, and DKS Associates Inc.
("Consultant"), a California $-corporation. 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 professional services for the Intelligent
Transportation System (ITS) and Smart Mobility Master Plan 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
changes to the Work consisting of additions, deletions or modifications. Any such changes
to the Work shall be ordered by the City in writing and the Compensation shall be
equitably adjusted consistent with the rates set forth in Exhibits B, B-1, B-2 or as
otherwise mutually 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 December 31, 2029.
4.Compensation:
A.Amount. Total compensation to Consultant for Work provided pursuant to this
Agreement shall not exceed $99,861, including any applicable state and local sales
taxes. Compensation shall be paid based upon Work actually performed according to
the rate(s) of the Consultant(s) schedule at the time the Work is performed or
amounts specified in Exhibits B, B-1, B-2. The Consultant agrees that 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 or provided in Exhibits B, B-1, B-2. 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.
CAG-24-087
Docusign Envelope ID: 3861397 A-6BB8-46C6-B63A-2A 1 EDE7D2790
B.Method of Payment. On a monthly or no less than quarterly basis during any quarter
in which Work is performed, the Consultant shall submit a voucher or invoice in a form
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
Work. Payment shall be made by the City for Work performed within thirty {30}
calendar days after receipt and approval by the appropriate City representative of the
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. The City may withhold payment for work that does not meet the
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
cause by giving ten (10) calendar days' notice to the Consultant in writing. In the event
of such termination or suspension, all finished or unfinished documents, 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 this Agreement is terminated by the City, the Consultant shall be entitled
to payment for all hours worked to the effective date of termination, less all payments
previously made. If the Agreement is terminated by the City after partial performance
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 seeking any 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.
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12/23/2024
Approved by Cheryl Beyer via email12/5/2024