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HomeMy WebLinkAboutContractAGREEMENT FOR 2022-2023 TRAFFIC CALMING LOCATIONS THIS AGREEMENT, dated for reference purposes only as April 25, 2022, is by and between the City of Renton (the “City”), a Washington municipal corporation, and Perteet Inc. (“Consultant”), a Washington 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 planning, outreach, and design services 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 Workconsisting 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 inExhibitCor 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 April 30, 2027. 4. Compensation: A. Amount. Total compensation to Consultant for Work provided pursuant to this Agreement shall not exceed $80,961.00, including 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 C. 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 Exhibit C. 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 in which Workisperformed, the Consultant shall submit a voucher or invoice in aform 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-22-121 PAGE 2 OF 10 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 Cityafter 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. 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. Compliance with professional standards includes, as applicable, performing the        PAGE 3 OF 10 Work in compliance with applicable City standards or guidelines (e.g. design criteria and Standard Plans for Road, Bridgeand Municipal Construction). Professional engineers 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 created for and delivered to the City pursuant to this Agreement shall be the original work 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 long as may be 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 expenditures and chargesand/or to comply with the Washington State Public Records Act (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 with the Washington State Public Records Act, Consultant shall make a due diligent search 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 City for 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. The Consultant is retained by the City only for the purposes and to the extent set forth in this Agreement. The nature of the relationship between the Consultant and the City during the period of the Work shall be that of an independent contractor, not        PAGE 4 OF 10 employee. The Consultant, not the City, shall have the power to control and direct the 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, or otherwise assuming the duties of an employer with respect to Consultant or any employee of the Consultant. C. If the Consultant is a sole proprietorship or if this Agreement is with an individual, the Consultant agrees to notify the City and complete any required form if the Consultant 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 or entities, 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. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence relative to construction, alteration, improvement, etc., of structure or improvement attached to real 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 the City’s Code of Ethics and state law, the Consultant shall not give a gift of any kind to City employees or officials. Consultant also confirms that Consultant does not have a business interest or a close family relationship with any City officer or employee who was, 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, t 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’ compensation coverage, as required by the 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 shall provide the City with written notice of any policy 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 City agrees the Consultant is not responsible for damages, 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 to time by such party), and given personally, by registered or certified mail, return receipt requested, by facsimile or by nationally recognized overnight courier service. Time period 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, but should not be used to give any formal notice required by the Agreement. CITY OF RENTON Blake Costa 1055 South Grady Way Renton, WA 98057 Phone: (425) 430-7242 bcosta@rentonwa.gov Fax: n/a CONSULTANT Brent Powell 801 Second Avenue, Suite 302 Seattle, WA 91084 Phone: (206) 436-0517 brent.powell@perteet.com Fax: n/a        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. The Consultant will take affirmative action to insure that applicants are employed and 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 VI of the Federal Civil Rights Act of 1964, and will comply with City of 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 Consultant employs, sub-contracts, or otherwise assigns the responsibility to perform        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 as there is no 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. Consultant is responsible for his/her own Worker’s Compensation coverage as well as that for any persons employed by the 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 Blake Costa. 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 its replacement 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, and all duties and responsibilities undertaken pursuant to this Agreement will 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:____________________________ Armando Pavone Mayor Peter De Boldt Vice President _____________________________ Date _____________________________ Date Attest _____________________________ Jason A. Seth City Clerk Approved as to Legal Form By: __________________________ Cheryl Beyer Senior Assistant City Attorney Contract Template Updated 5/21/2021 4/25/2022 Peter De Boldt Digitally signed by Peter De Boldt DN: C=US, E=peter.deboldt@perteet.com, O="Perteet, Inc.", CN=Peter De Boldt Date: 2022.04.25 10:13:46-07'00'        5/13/2022 Approved by Cheryl Beyer via 4/29/2022 email CITY OF RENTON Agreement with Perteet Inc. April 21, 2022 11 EXH IB IT A SCOPE OF S E R VICES C it y of Re n to n 2 0 2 2–2 0 23 T r a f f ic C a lmi n g L ocat io ns IN T R O DUCTI O N G eneral The overall objective of this project is to address existing speeding behaviors using traffic calming techniques on seven roadways within the City of Renton. The seven project sites are listed below. 1. Lake Washi ngton Boul evard N from Burnett Avenue N to Houser Way N 2. 160th A venue S E from SE 2nd Street to SE 137th Terrace 3. S W 5th P l ac e from SE 5th Court to Hardie Avenue SW 4. NE 12th S treet from Aberdeen Avenue NE to Edmonds Avenue NE 5. Duv al l Av enue NE from NE 2nd Street to SE 2nd Place 6. S mithers A venue S from S 37th Street to S 38th Court 7. Renton Av enue S from Mill Avenue S to S 7th Street The City has previously identified that speed cushions may be the desired treatment at some or all project sites. As part of this project, the Consultant will evaluate each site and develop recommended treatment types, locations, and details with the City, and then facilitate a public outreach process that will culminate with feedback from the public on if each proposed treatment should be implemented. Final design and, pending availability of funding, construction phases will follow if the public is supportive. P hase 1 In the first phase of this project, the Consultant will complete the preliminary analysis of the proposed traffic calming locations and develop recommended speed-control strategies for each of the seven sites listed above. Then, the Consultant and City will engage with residents near the traffic calming sites to present information and solicit feedback on the proposed improvements. Consultant’s services will be limited to those expressly set forth herein. If the service is not specifically identified herein, it is expressly excluded. Consultant will have no other obligations, duties, or responsibilities associated with the project except as expressly provided in this Agreement. Transferring Budget within Contract Maximum: The level of effort is specified in the scope of services. The budget may be transferred between discipline tasks at the discretion of the Consultant, provided that the total contracted amount is not exceeded. The Consultant will have the flexibility to manage budget within a given discipline on a subtask level. Services provided by the Consultant will consist of: G E NERA L S C O P E OF SERVICES This Scope of Services describes the work elements to be accomplished by the Consultant as summarized under each Task. This scope consists of the following elements:        CITY OF RENTON Agreement with Perteet Inc. April 21, 2022 22 Task 1 – Project Management Task 2 – Field Work and Basemapping Task 3 – Traffic Calming Analysis Task 4 – Public Outreach O pti onal S erv i c es With prior written approval by the City and written notice-to-proceed, work elements described in this scope of services as optional services (as directed) may be produced by the Consultant. This Scope of Services is defined in the tasks below. Unless otherwise noted, all deliverables will be PDF filetypes. S C O P E OF SERV ICES D EF INED T a s k 1 – P r oj ect M a n a g ement Conti nuous Project Manage ment The Consultant will provide continuous project management administration (billing invoices, monthly progress reports, Consultant coordination) throughout the project’s duration (assume four [4] months for Phase 1). Budget and Schedule Oversight The Consultant will monitor project budget and schedule. Schedule will be developed using Microsoft Project. The Consultant will prepare a baseline project schedule and will update that schedule with actual completion dates in comparison to the project baseline. Schedule will be updated on a monthly basis. The schedule will include all anticipated phases of the project. P roj ec t Coordination Meeti ngs The Consultant will attend every-other-week project coordination meetings with key City staff to discuss the project and report on progress. Attendance will consist of up to two (2) Consultant task leads, Consultant project manager, City project manager, and other City staff as determined by the City’s project manager to review project status and coordinate activities for current work tasks. Meetings will be held virtually using Microsoft Teams. The Consultant will prepare and distribute meeting agendas and minutes. Assume eight (8) meetings for Phase 1. Deliv erables x Invoice and progress reports submitted each month. Four (4) prepared invoices will be submitted. x Microsoft Project baseline Gantt chart schedule submitted within one week of NTP. x Microsoft Project Gantt chart updates submitted each month with project invoices. Four (4) schedule updates will be submitted. x Meeting agendas outlining likely discussion topics for each project coordination meeting, submitted at least one (1) working day before each meeting. x Meeting minutes documenting each project coordination meeting, submitted within three (3) working days of each meeting. T a s k 2 – F iel d W ork a n d Base m a p p ing 2 .1 Site Vis its        CITY OF RENTON Agreement with Perteet Inc. April 21, 2022 33 Up to two (2) members of the Consultant team will visit each project site to collect measurements of existing conditions and record observations related to traffic calming placement and feasibility. The Consultant data collection will use tape measures, wheels, and a 4-foot-long smart level. The Consultant will collect data to satisfy the basemapping needs (see Task 2.2) and identify regions of each project area with roadway grade above 8%. The Consultant shall note locations of existing catch basins and inlets at each project site and confirm with slope measurements the direction(s) of flow to each catch basin. Deliv erables x None for Task 2.1. 2 .2 Basemaps The Consultant will develop a basemap for each project site using a combination of GIS data (provided by the City) and measurements from the site visits in Task 2.1. These basemaps will serve as the basis for the analysis work and exhibits in Task 3 and in the final-design phase of the project. The Consultant anticipates using the following GIS elements, if available: aerial imagery, edge-of-pavement lines, right-of-way lines, utility lines, and utility castings. The Consultant will confirm and modify as needed the edge-of- pavement limits and utility casting types and locations based on site visit measurements. The Consultant also anticipates incorporating the following information from the Task 2.1 site visits in the basemaps: existing sign types and locations, curb ramp and crosswalk locations, roadside object (e.g. trees, mailboxes) that may obscure signing, and pavement markings or channelization devices not visible on the GIS aerial images. The Consultant will prepare all basemaps using AutoCAD Civil 3D 2020. Deliv erables x None for Task 2.2 (basemaps will be visible within Task 3 deliverables). T a s k 3 – Traffi c C al m ing A n a lysi s 3 .1 Traf f ic C alm ing Techniques For each project site, the Consultant will evaluate the feasibility of speed cushions as the traffic calming technique. This evaluation will be based on the speed and volume data collected by the City and the Consultant’s site evaluations, including notes and observations from the Task 2.1 basemapping work. This analysis will include the Consultant’s qualitative review of storm drainage impacts (specifically on flow paths) if speed cushions are constructed. If the Consultant recommends using speed cushions for a given site, no further analysis work within Task 3.1 will be completed for that site. If the Consultant does not recommend speed cushions, recommends speed cushions in combination with another traffic calming method, or believes there is a potentially superior traffic calming method available for a project site, the Consultant will evaluate alternative traffic calming methods using the Federal Highway Administration’s Traffic Calming ePrimer online resource, Puget Sound local agency traffic calming toolboxes, and the Consultant’s past project experience. This review will include analysis of the following for each alternative: complexity, order-of- magnitude cost, environmental impacts, right-of-way needs, geometric feasibility, and anticipated order-of- magnitude traffic calming benefits. The Consultant will share this analysis and the Consultant’s recommendations with the City via email communications or at one of the project coordination meetings (see Task 1). The City and        CITY OF RENTON Agreement with Perteet Inc. April 21, 2022 44 Consultant shall agree on the recommended traffic calming method for each project site before the Consultant completes Task 3.2. Deliv erables x None for Task 3.1. 3 .2 Planning -Lev el E n gin e ering For reach recommended method agreed to in Task 3.1, the Consultant will develop a planning-level concept exhibit and opinion of cost. The Consultant will complete one set of revisions to the concept exhibits and/or opinions of cost based on City feedback. Conc ept Exhibits The concept exhibits will illustrate the proposed design above the basemaps produced in Task 2.2. Each exhibit will be printed on an 11-inch by 17-inch page, with a site-specific scale to show the full project extents. Each project site will have a separate exhibit. The exhibits will show the location of proposed traffic calming devices, including associated signing, channelization, and paving elements. In developing the exhibits, the Consultant will assess device spacing and recommended configuration elements, such as number and size of cushions to be placed within a set. Figure 1 is an example graphic illustrating the level of detail each exhibit will include. Fi gure 1. Example Concept Exhibit. P l anni ng-Level Costs The Consultant will prepare a planning-level opinion of cost to reflect the elements shown in each concept exhibit. Each project site will have a separate opinion of cost. The opinions of cost will estimate costs for only the construction        CITY OF RENTON Agreement with Perteet Inc. April 21, 2022 55 right-of-way (if needed) and construction phases of the projects. The Consultant will base the opinions of cost off of estimated 2022 unit costs and then separately apply inflation/escalation factors to these phases to forecast future costs for the City. The City will provide the Consultant will the inflation/escalation years for each phase for each project site. Deliv erables x Planning-level concept exhibits, one per project site. x Planning-level construction opinion of cost summaries, one per project site. 3 .3 Technica l Memorandum The Consultant will document the work from Tasks 3.1 and 3.2 in a Traffic Calming Analysis Memorandum. The memorandum will include the planning-level exhibits and construction opinion of cost summaries from Task 3.2 as appendices. The memorandum will include discussions on site feasibility for speed cushions, Consultant’s recommended traffic calming treatment for each site, traffic calming details (e.g. number of devices, configuration of devices), cost-saving strategies (if applicable), and anticipated qualitative benefits of implementation. The Consultant will also document estimated costs for final design engineering and construction management services for three scenarios: 1) separate construction packages for each site with construction by City crews, 2) combined package for all sites with construction by City crews, and 3) combined package for all sites with construction by a contractor. The Consultant will prepare a draft version of the Traffic Calming Analysis Memorandum for City review and comments. The Consultant anticipates the City will provide written comments in email, Bluebeam markup, or tabular format. The Consultant will provide a written response to each comment and revise Task 3.2 and Task 3.3 accordingly. The Consultant will prepare and submit a final version of the Traffic Calming Analysis Memorandum that addresses the City’s comments. This task also includes up to one (1) comment resolution meeting to resolve comments. Attendance will consist of up to two (2) Consultant task leads, Consultant project manager, City project manager, and other City staff as determined by the City’s project manager. The meeting will be held virtually using Microsoft Teams. The Consultant will prepare and distribute the meeting agenda and minutes. Deliv erables x Draft Traffic Calming Analysis Memorandum. x Comment responses. (Filetype to match City’s comment format.) x Comment resolution meeting agenda, submitted at least one (1) working day before each meeting. (If required.) x Comment resolution meeting minutes, submitted within three (3) working days of each meeting. (If required.) x Final Traffic Calming Analysis Memorandum. T a s k 4 – Publ ic O u treach The Consultant will lead a public outreach program that will involve City staff and communicate project elements to each affected neighborhood. The written materials in Task 4.2 (StoryMaps, surveys) and Task 4.4 (mailers) will        CITY OF RENTON Agreement with Perteet Inc. April 21, 2022 66 include seven total languages: English, Spanish, Vietnamese, Chinese simplified, Chinese traditional, Filipino (Tagalog), and Korean. To produce materials in these languages, the Consultant will generate the English version of the materials and then translate to the six other languages using online translation services. The City will develop, populate, and maintain a project website to host links to the StoryMaps and other resources as desired by the City. This will include City-provided translations of all website language. 4 .1 P u b l i c O u t r e a c h P l a n The Consultant will work with the City to develop a public outreach strategy that outlines the public involvement goals, outreach process for the project, and how public input will be used to inform the development of the design. The plan will also identify a simple public outreach schedule. The Consultant will prepare a draft version of the Public Outreach Plan Memorandum for City review and comments. The Consultant anticipates the City will provide written comments in email, Bluebeam markup, or tabular format. The Consultant will provide a written response to each comment. The Consultant will prepare and submit a final version of the Public Outreach Plan Memorandum that addresses the City’s comments. Task 4.1 also includes up to four (4), two-hour-long (maxim um) meetings with City staff to refine and plan the outreach efforts across Task 4. These meetings may include (but are not limited to) run-throughs of proposed presentations, comments on prepared materials, or demonstrations of the StoryMap. Attendance will consist of up to two (2) Consultant task leads, Consultant project manager, City project manager, and other City staff as determined by the City’s project manager. The meetings will be held virtually using Microsoft Teams. The Consultant will prepare and distribute the meeting agendas and minutes. Deliv erables x Draft Public Outreach Plan Memorandum. x Final Public Outreach Plan Memorandum. x Public outreach meeting agendas, submitted at least one (1) working day before each meeting. x Public outreach meeting minutes, submitted within three (3) working days of each meeting. 4 .2 S tory Maps and S u rvey s S toryMaps The Consultant will develop online ESRI StoryMaps for the 2022–2023 Traffic Calming Locations project sites. The City will provide access to the Consultant to build the StoryMap using the City’s ESRI account. The Consultant will prepare one StoryMap for each project site. Each StoryMap will have a similar format so that elements can be duplicated across all seven StoryMaps. Each StoryMap will provide information on the purpose of the project and the potential traffic calming changes to the neighborhood and will illustrate the segment limits for each project site, the type and location of proposed traffic calming measures, brief background data on what the type of traffic calming device, and qualitative goal statements. The StoryMap will not include comment forms or other opportunities for user feedback nor will it be written in such a way that persuades the reader. Information on goals and descriptions of the traffic calming techniques will be included in an effort to educate on potentially unfamiliar topics.        CITY OF RENTON Agreement with Perteet Inc. April 21, 2022 77 The Consultant will develop the StoryMap materials in the seven languages (including English) identified in this task. Each neighborhood StoryMap URL will provide access to all seven languages using tabs or jumps within the webpage. The City will review the proposed English text for the StoryMaps in a Microsoft Word document before the Consultant builds each website. The City will also review the online StoryMaps (including translated text) before they are published for public access. The Consultant anticipates the City will provide written comments in email or tabular format or verbally in one of the Task 4.1 meetings. The Consultant will provide a written response to each comment and revise the StoryMap for final City review and approval before launch. O nl i ne Survey s The Consultant will produce separate online surveys—one per project site—for residents to access via the QR codes on the mailers (see Task 4.4). The Consultant will build each project-site survey to include all seven required languages with an initial option within each survey for the respondent to select their language. The surveys will provide brief information on the intent of the survey and then provide a ballot for respondents to declare if they support or oppose the project for their neighborhood. To limit responses to the desired audience (residents within the project area, one response per household), the survey will be restricted to one response per IP address and require the respondent to enter in the location code provided in the mailer they received (see Task 4.4). The City will review each online survey before it is published for public access. The Consultant anticipates the City will provide written comments in email or tabular format or verbally in one of the Task 4.1 meetings. The Consultant will provide a written response to each comment and revise the survey for final City review and approval before launch. Deliv erables x StoryMaps, one (1) per project site, hosted by the City. (Online format.) x Survey Monkey surveys, one (1) per site. (Online format.) x Survey results, in PDF and Excel format. 4 .3 Neighbo rhood Me et ings The Consultant will prepare materials for, attend, and present at neighborhood meetings as requested by the City. This Scope of Services includes up to seven (7) neighborhood meetings. The City will arrange all meetings, including reserving venues and inviting neighborhood groups. The Consultant will create slideshow presentations as directed by the City to communicate proposed project elements, similar to the materials included in the StoryMap (see Task 4.2). Consultant development of other outreach tools for these meetings, such as display boards, will require an amendment to this Agreement. Preparation and run-through meetings for these neighborhood meetings will be completed under the Task 4.1 coordination meetings. Consultant attendance at the neighborhood meetings will consist of up to two members of the Consultant team, including the Consultant project manager. The Consultant assumes the neighborhood meetings will be in person and last no more than 1.5 hours each. This Task 4.3 does not include preparation of materials in languages other than English nor does it include Consultant-provided translation staff in attendance at the neighborhood meetings. The City may provide translation services for materials or attendance if desired. Deliv erables x Slideshow presentations, one (1) per meeting. (Microsoft PowerPoint filetype.)        CITY OF RENTON Agreement with Perteet Inc. April 21, 2022 88 4 .4 Mailers The Consultant will develop a mailer campaign to reach residents and provide platforms to submit votes on approval or disapproval of the proposed traffic calming project in each neighborhood. The Consultant will develop mailers for each project site. All mailers will provide a short summary of the project, the date and time of the neighborhood meeting, City-furnished email address to submit questions or comments to the City, and a QR code and URL link to the StoryMap/online survey for respondents to cast votes. The mailer itself will also serve as a physical version of the voting ballot that respondents can complete in lieu of the online survey response. The mailer will instruct respondents choosing the physical option to complete the support/oppose check box on the mailer and return to Renton City Hall to be counted. The mailers will also include a project-site-specific location code that respondents will be required to enter in to the online survey. This code will limit responses for each project site to only the nearby residents and prevent ballots being cast from other residents in the City. The Consultant will coordinate with the City on the size of the mailer. This Scope of Services assumes the mailer may be as small as a 4.25-inch by 6-inch postcard or as large as an 8.5-inch by 11-inch paper, double sided. The Consultant will also coordinate with the City on how much information should be provided in language other than English on each mailer. At a minimum, each mailer will provide a link to the City’s project website with access instructions in each language. The Consultant will prepare a draft version of the mailer in electronic and printed format for the City to review. The Consultant anticipates the City will provide written comments in email or tabular format or verbally in one of the Task 4.1 meetings. The Consultant will provide a written response to each comment and revise the mailers for final City review and approval before distribution. The City will be responsible for printing, postage, and mailing all mailers. Deliv erables x Draft mailers, one (1) per site. x Final mailers for distribution by City, one (1) per site. (PDF and/or Adobe InDesign filetypes.) 4 .5 Vot ing An aly s is an d P u bl i c Out reac h Summary After the voting deadline has passed, the Consultant will collect all received votes that residents submitted to Renton City Hall. The Consultant will also download the online voting results. The Consultant will prepare a database of voting results in a tabulation spreadsheet. The Consultant will total the votes in favor and in opposition of the traffic calming projects for each site. The Consultant will calculate the percent supporting out of the total number of votes received per site. 65% of higher supportive votes are required to advance a project to final design. The Consultant will prepare a public outreach summary memorandum to conclude Task 4 that will document the results of the voting for all seven sites, which projects were approved or rejected by the residents, response rates, and other general observations about the public involvement process. This memorandum will document the approved projects for the next phase of the 2022–2023 Traffic Calming Locations project.        CITY OF RENTON Agreement with Perteet Inc. April 21, 2022 99 Deliv erables x Tabulation spreadsheet. (Microsoft Excel filetype.) x Voting Results and Public Outreach Summary Memorandum. Additiona l (Optiona l) Ser v ic es The Consultant may provide additional services as directed by the City which are not identified in this Scope of Services. Additional services shall not commence without written authorization and approval from the City and a supplement to the contract. S erv ic es No t Includ ed in t h is S co pe of S erv i ces 1. Coordination with other agency departments, including Fire and Maintenance. 2. Final design (PS&E) services. 3. Bid support services. 4. Construction management services. 5. Data collection and analysis services. Items to be f u rn ished by t h e C ity The City shall furnish, at the City’s expense, all information, requirements, reports, data, surveys and instructions required by this Agreement. The Consultant may use such information, requirements, reports, data, surveys, and instructions in performing its services and is entitled to rely upon the accuracy and completeness thereof. Further, the City agrees that the Consultant shall have no responsibility for any portion of the Project designed by other Consultants engaged by the City. The City shal l furnish the fol lowing: 1. GIS datasets Design Criteria As of the date this Agreement is signed, design file, reports, documents, and plans prepared as part of this Scope of Services, to the extent feasible, will be developed in accordance with the latest edition and amendments to the following documents: 1. Standard Specifications for Road, Bridge, and Municipal Construction, 2022 English Edition, published by WSDOT and the Washington State Chapter APWA 2. Standard Plans for Road, Bridge, and Municipal Construction, (M 21-10), published by WSDOT 3. “Local Agency Guidelines” published by WSDOT 4. AASHTO: A Policy on Geometric Design of Highways and Streets (2018 Edition) 5. 2009 Manual on Uniform Traffic Control Devices (MUTCD) 6. The Revised Draft Guidelines for Accessible Public Rights-of-Way (PROWAG), July 26, 2011 (2011 PROWAG) 7. City of Renton Standard Plans and Policies 8. City of Renton “Proposed Tier 2 Traffic Calming Program” memorandum, July 7, 2021 Changes in any design standards or requirements after services have begun may result in extra work and require a supplement to the Agreement.        Exhibit B - Consultant Fee Determination Summary 2707 Colby Avenue, Suite 900, Everett, WA 98201 | P 425.252.7700 Project: Renton 2022–2023 Traffic Calming Client: City of Renton HHourly Costs CClassific ation HH our s RR ate AAmount Principal 10 $326.84 $3,268 Sr. Engineer / Mgr 109 $179.56 $19,572 Sr. Engineer / Mgr 85 $181.20 $15,402 Engineer II 130 $121.71 $15,823 Technician III 48 $111.00 $5,328 Lead Planner/Manager 82 $149.66 $12,272 Planner II 16 $144.60 $2,314 Accountant 4 $149.14 $597 Clerical 42 $102.84 $4,319 Mkt Proposal Mgr 12 $123.41 $1,481 TTotal Hourly Costs 5538 $$80,376.00 RRei mbursables EExpenses AAmount $ TTotal Expense s 00 IIn--HHouse Costs QQty RR ate AAmount Mileage - $.585 1,000 $0.585 $585 TTotal In--HHouse Costs $$585.00 SS ubc onsul tants SSubconsultants CCost MMarkup AAmount $ $ TTotal Subc onsultant Costs 00 00 OO ther Management Reserve $0 TTotal O ther Costs $$ 00.00 CContrac t Total $880,9661..00 Prepared By: Brent M Powell Date: April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