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HomeMy WebLinkAboutAlta Planning & Design, Inc. - Professional Services AgreementATTACHMENT A PROFESSIONAL SERVICES AGREEMENT FOR Pedestrian Master Plan Consultant THIS PROFESSIONAL SERVICES AGREEMENT, entered into this `4 day of , 2020, between the City of Yakima, a Washington municipal corporation ("City"), and Alta Planning + Design, Inc. ("Contractor"). WITNESSETH: The parties, in consideration of the terms and conditions herein, do hereby covenant and agree as follows: 1. Statement of Work The minimum services that the Contractor will provide include services (hereinafter referred to as "Services") described in "Deliverables and fee Schedule", which are attached as Exhibit A hereto and incorporated herein by this reference. 2. Compensation The City agrees to pay the Contractor according to Exhibit A, attached hereto and incorporated herein, which Exhibit includes the deliverables and fee schedule of itemized prices in the manner and upon the conditions provided for the Contract. In no event shall compensation exceed $50,000. 3. Contract Term The period of this Contract shall be from June 15, 2020 until June 15, 2021. The City may, at its option, extend the Contract on a year to year basis for up to four additional years provided, however, that either party may at any time during the life of this Contract, or any extension thereof, terminate this Contract by giving notice required in Section 18, in writing, to the other party of its intention to cancel. Contract extensions shall be automatic, and shall go into effect without written confirmation, unless the City provides advance notice of the intention to not renew. Prices shall remain firm for the first twenty-four month period of the Contract. 4. Changes Any proposed change in this Contract shall be submitted to the other party for its prior written approval. If approved, change will be made by a contract modification that will become effective upon execution by the parties hereto. Any oral statement or representation changing any of these terms or conditions is specifically unauthorized and is not valid. 5. Agency Relationship between City and Contractor Contractor shall, at all times, be an independent Contractor and not an agent or representative of City with regard to performance of the Services. Contractor shall not represent that it is, or hold itself out as, an agent or representative of City. In no event shall Contractor be authorized to enter into any agreement or undertaking for, or on, behalf of City. 6. Successors and Assigns a. Neither the City, nor the Contractor, shall assign, transfer, or encumber any rights, duties, or interests accruing from this Contract without the prior written consent of the other. 12010Q Pedestrian Master Plan Consultant Page 8 of 24 b. The Contractor for himself, and for his heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all the covenants herein contained upon the part of the Contractor. 7. Property Rights All records or papers of any sort relating to the City and to the project will at all times be the property of the City and shall be surrendered to the City upon demand. All information concerning the City and said project which is not otherwise a matter of public record or required by law to be made public, is confidential, and the Contractor will not, in whole or part, now or at any time disclose that information without the express written consent of the City. 8. Inspection and Production of Records a. The records relating to the Services shall, at all times, be subject to inspection by and with the approval of the City, but the making of (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Services in accordance with this Contract, notwithstanding the City's knowledge of defective or non- complying performance, its substantiality or the ease of its discovery. Contractor shall provide the City sufficient, safe, and proper facilities, and/or send copies of the requested documents to the City. Contractor's records relating to the Services will be provided to the City upon the City's request. b. Contractor shall promptly furnish the City with such information and records which are related to the Services of this Contract as may be requested by the City. Until the expiration of six (6) years after final payment of the compensation payable under this Contract, or for a longer period if required by law or by the Washington Secretary of State's record retention schedule, Contractor shall retain and provide the City access to (and the City shall have the right to examine, audit and copy) all of Contractor's books, documents, papers and records which are related to the Services performed by Contractor under this Contract. c. All records relating to Contractor's services under this Contract must be made available to the City, and the records relating to the Services are City of Yakima records. They must be produced to third parties, if required pursuant to the Washington State Public Records Act, Chapter 42.56 RCW, or by law. All records relating to Contractor's services under this Contract must be retained by Contractor for the minimum period of time required pursuant to the Washington Secretary of State's records retention schedule. d. The terms of this section shall survive any expiration or termination of this Contract. 9. Work Made for Hire All work the Contractor performs under this Contract shall be considered work made for hire, and shall become the property of the City upon full payment to Contractor. The City shall own any and all data, documents, plans, copyrights, specifications, working papers, and any other materials the Contractor produces in connection with this Contract. On completion or termination of the Contract, the Contractor shall deliver these materials to the City. 10. RESERVED. 12010Q Pedestrian Master Plan Consultant Page 9 of 24 11. Compliance with Law Contractor agrees to use the Standard of Care to perform all Services under and pursuant to this Contract in full compliance with any and all applicable laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local, or otherwise. Contractor shall procure and have all applicable and necessary permits, licenses and approvals of any federal, state, and local government or governmental authority or this project, pay all charges and fees, and give all notices necessary and incidental to the due and lawful execution of the work. a. Procurement of a City Business License. Contractor must procure a City of Yakima Business License and pay all charges, fees, and taxes associated with said license. b. Contractor must provide proof of a valid Washington department of Revenue state excise tax registration number, as required in Title 85 RCW. c. Contractor must provide proof of a valid Washington Unified Business Identification (UBI) number. Contractor must have a current UBI number and not be disqualified from bidding on any public works contract under RCW 39.06.101 or 36.12.065(3). d. Contractor must provide proof of a valid Washington Employment Security Department number as required by Title 50 RCW. e. Foreign (Non -Washington) Corporations: Although the City does not require foreign corporate proposers to qualify in the City, County or State prior to submitting a proposal, it is specifically understood and agreed that any such corporation will promptly take all necessary measures to become authorized to conduct business in the City of Yakima, at their own expense, without regard to whether such corporation is actually awarded the contract, and in the event that the award is made, prior to conducting any business in the City. 12. Nondiscrimination Provision During the performance of this Contract, the Contractor agrees as follows: The Contractor shall not discriminate against any person on the grounds of race, creed, color, religion, national origin, sex, age, marital status, sexual orientation, pregnancy, veteran's status, political affiliation or belief, or the presence of any sensory, mental or physical handicap in violation of the Washington State Law Against Discrimination (RCW chapter 49.60) or the Americans with Disabilities Act (42 USC 12101 et seq.). This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision of Services under this Agreement. In the event of the Contractor's noncompliance with the non-discrimination clause of this contract or with any such rules, regulations, or orders, this Contract may be cancelled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for any future City contracts. 13. Pay Transparency Nondiscrimination Provision: The Contractor will not discharge or in any other manner discriminate against employees or applicants because they have inquired about, discussed, or disclosed their own pay or the pay of another employee or applicant. However, employees who have access to the compensation information of other employees or applicants as a part of their essential job functions cannot disclose the pay of other employees or applicants to individuals who do not otherwise have access to compensation information, unless the disclosure is (a) in response to a formal complaint or charge, (b) in furtherance of an 12010Q Pedestrian Master Plan Consultant Page 10 of 24 investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or (c) consistent with the contractor's legal duty to furnish information. ,. Indemnification and Hold Harmless a. Contractor shall take all necessary precautions in performing the Services to prevent injury to persons or property. Contractor agrees to indemnify and hold harmless the City, its elected and appointed officials, officers, employees, attorneys, agents, and volunteers from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and expenses (including reasonable costs and attorney fees) which are caused by the sole negligent acts or omissions of Contractor, its officials, officers, employees or agents. b. If any suit, judgment, action, claim or demand is caused by, or occurs in conjunction with, the negligent acts and/or omissions of both the Contractor and the City, or their elected or appointed officials, officers, employees, agents, attorneys or volunteers, pursuant to this Contract, each party shall be liable for its proportionate share of negligence for any resulting suit, judgment, action, claim, demand, damages or costs and expenses, including reasonable attorneys' fees. c. Contractor's Waiver of Employer's Immunity under Title 51 RCW. If any design or engineering work is done pursuant to this Contract, Contractor intends that its indemnification, defense, and hold harmless obligations set forth above in Section A shall operate with full effect regardless of any provision to the contrary in Title 51 RCW, Washington's Industrial Insurance Act. Accordingly, to the extent necessary to fully satisfy the Contractor's indemnification, defense, and hold harmless obligations set forth above in section A, Contractor specifically waives any immunity granted under Title 51 RCW, and specifically assumes all potential liability for actions brought by employees of the Contractor against the City and its elected and appointed officials, officers, employees, attorneys, agents, and volunteers. The parties have mutually negotiated this waiver. Contractor shall similarly require that its subcontractors, and anyone directly or indirectly employed or hired by Contractor, and anyone for whose acts Contractor may be liable in connection with its performance of this Agreement, shall comply with the terms of this paragraph, waive any immunity granted under Title 51 RCW, and assume all potential liability for actions brought by their respective employees. The provisions of this section shall survive the expiration or termination of this Agreement. d. Nothing contained in this Section or this Contract shall be construed to create a liability or a right of indemnification in any third party. e. The terms of this section shall survive any expiration or termination of this Contract. Contractor's Liability Insurance At all times during performance of the Services and this Contract, Contractor shall secure and maintain in effect insurance to protect the City and Contractor from and against any and all claims, damages, losses, and expenses caused by or resulting from the negligent performance of this Contract. Contractor shall provide and maintain in force insurance in limits no less than that stated below, as applicable. The City reserves the right to require higher limits should it deem it necessary in the best interest of the public. Contractor will provide a Certificate of Insurance to the City as evidence of coverage for each of the policies and outlined herein. A copy of the additional insured endorsement attached to the policy will 12010Q Pedestrian Master Plan Consultant Page 11 of 24 be included with the certificate. This Certificate of insurance shall be provided to the City, prior to commencement of work. Failure of City to demand such verification of coverage with these insurance requirements or failure of City to identify a deficiency from the insurance documentation provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance" The following insurance is required: a. Commercial Liability Insurance Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of insurance as proof of commercial liability insurance with a minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence, combined single limit bodily injury and property damage, and Two Million Dollars ($2,000,000.00) general aggregate. If Contractor carries higher coverage limits, such limits shall be shown on the Certificate of Insurance and Endorsements and the City, its elected and appointed officials, employees, agents, attorneys and volunteers shall be named as additional insureds for such higher limits. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract. The policy shall name the City of Yakima, its elected and appointed officials, employees, agents, attorneys and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City prior written notice. The insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide and admitted in the State of Washington. The requirements contained herein, as well as City of Yakima's review or acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this contract. b. Automobile Liability Insurance Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of insurance as proof of automobile liability insurance with a minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence. If Contractor carries higher coverage limits, such limits shall be shown on the Certificate of Insurance and Endorsements and the City, its elected and appointed officials, employees, agents, attorneys and volunteers shall be named as additional insureds for such higher limits. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract. The policy shall name the City of Yakima, its elected and appointed officials, employees, agents, attorneys and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City prior written notice. The insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide and admitted in the State of Washington. The requirements contained herein, as well as City of Yakima's review or acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this contract. The business auto liability shall include Hired and Non -Owned coverage if necessary. c. Employer's Liability (Stop Gap) Contractor and all subcontractor(s) shall at all times comply with all applicable workers' compensation, occupational disease, and occupational health and safety laws, statutes, and 12010Q Pedestrian Master Plan Consultant Page 12 of 24 regulations to the full extent applicable, and shall maintain Employer's Liability insurance with a limit of no less than $1,000,000.00. The City shall not be held responsible in any way for claims filed by Contractor or its employees for services performed under the terms of this Contract. Contractor agrees to assume full liability for all claims arising from this Contract including claims resulting from negligent acts of all subcontractor(s). Contractor is responsible to ensure subcontractor(s) have insurance as needed. Failure of subcontractors(s) to comply with insurance requirements does not limit Contractor's liability or responsibility. d. Professional Liability The Contractor shall provide evidence of Professional Liability insurance covering professional errors and omissions. Contractor shall provide the City with a certificate of insurance as proof of professional liability insurance with a minimum liability limit of Two Million Dollars ($2,000,000.00) per claim, and Two Million Dollars ($2,000,000.00) aggregate. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. The insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide. If the policy is written on a claims made basis the coverage will continue in force for an additional two years after the completion of this contract. If insurance is on a claims made form, its retroactive date, and that of all subsequent renewals, shall be no later than the effective date of this Contract. Contractor's insurance coverage shall be primary insurance with respect to those who are Additional Insureds under this Contract. Any insurance, self-insurance or insurance pool coverage maintained by the City shall be in excess of the Contractor's insurance and shall not contribute to it. If at any time during the life of the Contract, or any extension, Contractor fails to maintain the required insurance in full force and effect, all work under the contract shall be discontinued immediately. Any failure to maintain the required insurance may be sufficient cause for the City to terminate the Contract. Should a court of competent jurisdiction determine that this Contract is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of Contractor and the City, its officers, elected and appointed officials, employees, agents, attorneys and volunteers, Contractor's liability hereunder shall be limited to the extent of the Contractor's negligence. 16. Severability If any term or condition of this Contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this Contract are declared severable. 17. Contract Documents This Contract, the Request for Qualifications & Proposals No. 12001 QP Scope of Work, conditions, addenda, and modifications and Contractor's proposal (to the extent consistent with Yakima City documents) constitute the Contract Documents and are complementary. Specific Federal and State laws and the terms of this Contract, in that order respectively, supersede other inconsistent provisions. These Contract Documents are on file in the Office of the Purchasing Manager, 129 No. 2nd St., Yakima, WA, 98901, and are hereby incorporated by reference into this Contract. 12010Q Pedestrian Master Plan Consultant Page 13 of 24 18. Termination Termination for Cause: The City may terminate the Contract after providing the Contractor with thirty (30) calendar days written notice of the Contractor's right to cure a failure of the Contractor to perform under the terms of this Contract. The Contractor may terminate the Contract after providing the City sixty (60) calendar days' notice of the City's right to cure a failure of the City to perform under the terms of the Contract. Upon the termination of the Contract for any reason, or upon Contract expiration, each party shall be released from all obligations to the other party arising after the date of termination or expiration, except for those that by their terms survive such termination or expiration Termination for Convenience: Either party may terminate the Contract at any time, without cause, by providing a written notice; the City by providing at least thirty (30) calendar days' notice to the Contractor, and the Contractor providing at least sixty (60) calendar days' notice to the City in advance of the intended date of termination. In the event of termination for convenience, the Contractor shall be entitled to receive compensation for any fees owed under the Contract. The Contractor shall also be compensated for partially completed services. In this event, compensation for such partially completed services shall be no more than the percentage of completion of the services requested, at the sole discretion of the City, multiplied by the corresponding payment for completion of such services as set forth in the Contract. Alternatively, at the sole discretion of the City, the Contractor may be compensated for the actual service hours provided. The City shall be entitled to a refund for goods or services paid for but not received or implemented, such refund to be paid within thirty (30) days of written notice to the Contractor requesting the refund. Contract Cancellation: The City reserves the right to cancel the Contract in whole or in part without penalty if the Contractor: a. Breaches or defaults an obligation under the Contract; b. Fails to perform any material obligation required under the Contract; c. Files a petition in bankruptcy, becomes insolvent, or otherwise takes action to dissolve as a legal entity; d. Allows any final judgment not to be satisfied or a lien not to be disputed after a legally -imposed, 30-day notice; e. Makes an assignment for the benefit of creditors; f. Fails to follow the sales and use tax certification requirements of the State of Washington g. Incurs a delinquent Washington tax liability; h. Becomes a State or Federally debarred Contractor; i. Is excluded from federal procurement and non -procurement Contracts; j. Fails to maintain and keep in force all required insurance, permits and licenses as provided in the Contract; 12010Q Pedestrian Master Plan Consultant Page 14 of 24 k. Fails to maintain the confidentiality of the City information that is considered to be Confidential Information, proprietary, or containing Personally Identifiable Information, or I. Contractor performance threatens the health or safety of a City, County or municipal employee m. Change in Funding: If the funds upon which the City relied to establish this Contract are withdrawn, reduced, or limited, or if additional or modified conditions are placed on such funding, the City may terminate this Contract by providing at least five business days written notice to the Contractor. The termination shall be effective on the date specified in the notice of termination. 19. Dispute Resolution In the event that any dispute shall arise as to the interpretation of this agreement, or in the event of a notice of default as to whether such default does constitute a breach of the contract, and if the parties hereto cannot mutually settle such differences, then the parties shall first pursue mediation as a means to resolve the dispute. If the afore mentioned methods are either not successful then any dispute relating to this Agreement shall be decided in the courts of Yakima County, in accordance with the laws of Washington. If both parties consent in writing, other available means of dispute resolution may be implemented. 20. Re -Award When the contract is terminated by the Contractor upon providing the written notice as herein required, the City, pursuant to City ordinance, may re -award the contract to the next most responsible Proposer. When a Contractor is unable to supply goods and/or services to the City and is in breach of the contract, or when the contract is terminated by the City for cause as herein provided, the City reserves the right to re -award the contract to the next most responsible Proposer 21. Substitution The Contractor shall not substitute or deviate from said specifications of this Contract without a written amendment, signed by the City Manager, or pursuant to Section 58 below entitled "Change or Notice". Any violation of this procedure by the Contractor will be considered cause for immediate cancellation of the Contract for cause by the City. 22. Contractor Shall Furnish Except as otherwise specifically provided in this Contract, Contractor shall furnish the following, all as the same may be required to perform the services described in accordance with this Contract: personnel, labor and supervision; and technical, professional and other services. All such services, property and other items furnished or required to be furnished, together with all other obligations performed or required to be performed, by Contractor under this Contract are sometime collectively referred to in this Contract as the "(Services)." 23. Complementary Provisions All provisions of this Contract are intended to be complementary, and any services required by one and not mentioned in another shall be performed to the same extent as though required by all. Details of the services that are not necessary to carry out the intent of this Contract, but that are not expressly required, shall be performed or furnished by Contractor as part of the services, without any increase in the compensation otherwise payable under this Contract. 12010Q Pedestrian Master Plan Consultant Page 15 of 24 24. Invoices The City will use its best efforts to pay each of Contractor's invoices within thirty (30) days after the City's receipt and verification thereof; provided, however, that all such payments are expressly conditioned upon Contractor providing services hereunder that are satisfactory to the City. The City will notify the Contractor promptly if any problems are noted with the invoice. To insure prompt payment, each invoice should cite purchase order number, RFQP number, detailed description of work, unit and total price, discount term and include the Contractor's name and return remittance address. Contractor will mail invoices to the City at the following address: City of Yakima Engineering Attn: Bob Desgrosellier, Interim City Engineer 129 N 2nd St. Yakima, WA 98901 25. Credit Card Acceptance The City, in its sole discretion, will determine the method of payment for goods and/or services as part of this agreement. The City's preferred method of payment is by procurement (credit) card. Proposers may be required to have the capability of accepting the City's authorized procurement card as a method of payment. No price changes or additional fee(s) may be assessed when accepting the procurement card as a form of payment. 12010Q Pedestrian Master Plan Consultant Page 16 of 24 26. Prime Contractor Contractor is the Prime Contractor hereunder. The Prime Contractor shall be the sole point of contact with regard to all contractual matters arising hereunder, including the performance of services and the payment of any and all charges resulting from its contractual obligations. 27. Delegation of Professional Services The services provided for herein shall be performed by Contractor, and no person other than regular associates or employees of Contractor shall be engaged on such work or services. Contractor shall not (by contract, operation of law or otherwise) delegate or subcontract performance of any services to any other person or entity without the prior written consent of the City. Any such delegation or subcontracting without the City's prior written consent shall be voidable at the City's option. No delegation of subcontracting of performance of any of the services, with or without the City's prior written consent, shall relieve Contractor of its responsibility to perform the services in accordance with this Contract. Contractor shall be fully responsible for the performance, acts and omissions of Contractor's employees, Contractor's subcontractors, and any other person who performs or furnishes any services (collectively, the "Support"). Contractor shall at all times be an independent contractor and not an agent or representative of the City with regard to performance of the services. Contractor shall not represent that it is, nor hold itself out as, an agent or representative of the City. In no event shall Contractor be authorized to enter into any agreement or undertaking for or on behalf of the City. Neither the Contractor nor any employee of the Contractor is entitled to any benefits that the City provides its employees. The Contractor is solely responsible for payment of any statutory workers compensation or employer's liability insurance as required by state law. The Contractor will have an active account with the Department of Revenue, other state agencies as needed, and a separate set of books or records that reflect all items of income and expenses of the business that the Contractor is conducting. Contractor shall perform the services in a timely manner and in accordance with the Standard of Care of the profession. At the time of performance, Contractor shall be properly licensed, equipped, organized, and financed to perform the services in accordance with this Contract. Subject to compliance with the requirements of this Contract, Contractor shall perform the services in accordance with its own methods. 28. Licenses If applicable, Contractor shall have a valid and current business license per Chapter 5.02 Section 5.02.010 of the Yakima Municipal Code covering this type of business and shall satisfy all applicable City Code provisions. Said license shall be obtained prior to the award of any contract. Inquiries as to fees, etc., should be made to the Office of Code Administration, telephone (509) 575-6121. In addition, Contractors are required to be registered by the State per Chapter 18.27 of the Revised Code of Washington and their registration number must be listed on the bid/RFP/quote. Contractor shall take all reasonable precautions to protect against any bodily injury (including death) or property damage that may occur in connection with the services. 29. Removal of Subcontractor If dissatisfied with the background, performance, and/or general methodologies of any subcontractor, the City may request in writing that the subcontractor be removed. The Contractor shall comply with this request at once and shall not employ the subcontractor for any further work/services under this Contract. 12010Q Pedestrian Master Plan Consultant Page 17 of 24 30. Taxes and Assessments Contractor shall be solely responsible for and shall pay all taxes, deductions, and assessments, including but not limited to federal income tax, FICA, social security tax, assessments for unemployment and industrial injury insurance, and other deductions from income which may be required by law or assessed against either party as a result of this Contract. In the event the City is assessed a tax or assessment as a result of this Contract, Contractor shall pay the same before it becomes due. The City and its agencies are exempt from payment of all federal excise taxes but not sales tax (currently at 8.2%). Tax will not be considered in determining which proposal is the lowest or best, however RCW 39.30.040 allows the City to take any sales tax and B&O tax that is will receive from purchasing supplies, materials and equipment within its boundaries into consideration when determining the lowest responsible Proposer. 31. Contractor Tax Delinquency Contractors who have a delinquent Washington tax liability may have their payments offset by the State of Washington. 32. Inspection: Examination of Records The Contractor agrees to furnish the City with reasonable periodic reports and documents as it may request and in such form as the City requires pertaining to the work or services undertaken pursuant to this Agreement. The costs and obligations incurred or to be incurred in connection therewith, and any other matter are to be covered by this Agreement. The records relating to the services shall, at all times, be subject to inspection by and with the approval of the City, but the making of (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the services in accordance with this Contract, notwithstanding the City's knowledge of defective or non -complying performance, its substantiality or the ease of its discovery. Contractor shall provide the City sufficient, safe, and proper facilities and equipment for such inspection and free access to such facilities. 33. Recordkeeping and Record Retention The Contractor shall establish and maintain adequate records of all expenditures incurred under the contract. All records must be kept in accordance with generally accepted accounting procedures. All procedures must be in accordance with federal, state and local ordinances. The City shall have the right to audit, review, examine, copy, and transcribe any pertinent records or documents relating to any contract resulting from this proposal held by the Contractor. The Contractor will retain all documents applicable to the contract for a period of not less than three (3) years after final payment is made. 12010Q Pedestrian Master Plan Consultant Page 18 of 24 34. Confidential, Proprietary and Personally Identifiable Information Contractor shall not use Confidential, Proprietary or Personally Identifiable Information of City for any purpose other than the limited purposes set forth in this Contract, and all related and necessary actions taken in fulfillment of the obligations there under. Contractor shall hold all Confidential Information in confidence, and shall not disclose such Confidential Information to any persons other than those directors, officers, employees, and agents ("Representatives") who have a business -related need to have access to such Confidential Information in furtherance of the limited purposes of this Contract and who have been apprised of, and agree to maintain, the confidential nature of such information in accordance with the terms of this Contract. Contractor shall institute and maintain such security procedures as are commercially reasonable to maintain the confidentiality of the Confidential Information while in its possession or control including transportation, whether physically or electronically. Contractor shall ensure that all indications of confidentiality contained on or included in any item of Confidential Information shall be reproduced by Contractor on any reproduction, modification, or translation of such Confidential Information. If requested by the City in writing, Contractor shall make a reasonable effort to add a proprietary notice or indication of confidentiality to any tangible materials within its possession that contain Confidential Information of the City, as directed. Contractor shall maintain all Confidential Information as confidential for a period of three (3) years from the date of termination of this Contract, and shall return or destroy said Confidential Information as directed by the City in writing. Contractor may disclose Confidential Information in connection with a judicial or administrative proceeding to the extent such disclosure is required under law or a court order, provided that the City shall be given prompt written notice of such proceeding if giving such notice is legally permissible. 35. Price Increases If requested by the Contractor in writing thirty (30) days before the anniversary date of each year of the contract, the City will consider increasing the Contractor's rates per the Seattle -Tacoma -Bremerton Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) for the previous twelve months. The City, in its sole discretion, will decide whether to approve or deny the rate increase request or any part thereof within 30 days of receipt of the request. If approved, increase shall take effect 30 days after approval. Price increases for any other justifiable reason will be considered on a case -by -case basis. Price increase requests will not be considered or granted until any outstanding required financial reports have been submitted to the City. The rates and discounts shown on proposal shall be consistently applied and remain firm throughout the first twelve months of the contract. If requested by the Contractor, thirty (30) days before the anniversary date of the contract, labor rates may be adjusted per the West C, Urban Wage Earners and Clerical Workers Consumer Price Index -- 50,000 to 330,000 populations for the next year's contract term, if the City agrees to the request. No discount adjustments will be allowed. 12010Q Pedestrian Master Plan Consultant Page 19 of 24 36. Suspension of Work The City may suspend, in writing by certified mail, all or a portion of the Service under this Agreement if unforeseen circumstances beyond the City's control are interfering with normal progress of the Service. The Contractor may suspend, in writing by certified mail, all or a portion of the Service under this Agreement if unforeseen circumstances beyond Contractor's control are interfering with normal progress of the Service. The Contractor may suspend Service on the Project in the event the City does not pay invoices when due, except where otherwise provided by this Agreement. The time for completion of the Service shall be extended by the number of days the Service is suspended. If the period of suspension exceeds ninety (90) days, the terms of this Agreement are subject to renegotiation, and both parties are granted the option to terminate the Service on the suspended portion of Project in accordance with Section 18. 37. Provision of Services The Contractor shall provide the services set forth herein consistent with the skill and care provided by professionals in the same discipline practicing in the same or similar locality under the same or similar circumstances during the same period of time (Standard of Care), and to the City's satisfaction; the City decision in that regard shall be final and conclusive. The City may inspect, observe and examine the performance of the services performed on the City premises at any time. The City may inspect, observe and examine the performance of Contractor's services at reasonable times, without notice, at any other premises. a. If the City notifies the Contractor that any part of the services rendered are inadequate or in any way differ from the Contract requirements for any reason, other than as a result of the City's default or negligence, the Contractor shall, at its own expense, reschedule and perform the services correctly within such reasonable time as the City specifies. This remedy shall be in addition to any other remedies available to the City by law or in equity. b. The Contractor shall be solely responsible for controlling the manner and means by which it and its Contracted Personnel or its subcontractors perform the services, and the Contractor shall observe, abide by, and perform all of its obligations in accordance with all legal requirements and City work rules. 38. Assignment This Contract, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by Contractor to any other person or entity without the prior written consent of the City. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of Contractor stated herein. 39. No Conflict of Interest Contractor represents that it or its employees do not have any interest and shall not hereafter acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of this Contract. Contractor further covenants that it will not hire anyone or any entity having such a conflict of interest during the performance of this Contract. 40. Material Safety Data Sheet If any item(s) on an order(s) resulting from this award(s) is a hazardous chemical, as defined under 29CFR 1910.1200, provide one (1) copy of a Material Safety Data Sheet for each item with the shipped container(s) and one (1) copy with the invoice(s). 12010Q Pedestrian Master Plan Consultant Page 20 of 24 41. Contract Preservation If any provision of the Agreement, or the application of such provision, shall be rendered or declared invalid by a court of competent jurisdiction, or by reason of its requiring any steps, actions or results, the remaining parts or portions of this Agreement shall remain in full force and effect. 42. Promotional Advertising / News Releases Reference to or use of the City, any of its departments, agencies or other subunits, or any official or employee for commercial promotion is prohibited. News releases pertaining to this procurement shall not be made without prior approval of the City. Release of broadcast e-mails pertaining to this procurement shall not be made without prior written authorization of the contracting agency. 43. Time is of the Essence Timely provision of the services required under this Contract shall be of the essence of the Contract, including the provision of the services within the time agreed or on a date specified herein. 44. Expansion clause Any resultant contract may be further expanded by the Purchasing Manager in writing to include any other item normally offered by the Contractor, as long as the price of such additional products is based on the same cost/profit formula as the listed item/service. At any time during the term of this contract, other City departments may be added to this contract, if both parties agree. 45. Patent Infringement The contractor selling to the City the articles described herein guarantees the articles were manufactured or produced in accordance with applicable federal labor laws. Further, that the sale or use of the articles described herein will not infringe any United States patent. The contractor covenants that it will at its own expense defend every suit which shall be brought against the City (provided that such contractor is promptly notified of such suit, and all papers therein are delivered to it) for any alleged infringement of any patent by reason of the sale or use of such articles, and agrees that it will pay all costs, damages, and profits recoverable in any such suit. 46. Ownership All material produced as a result of this Contract shall be the exclusive property of the City. Additionally, the City shall have unrestricted authority to reproduce, distribute, and use any submitted report, template, data, or material, and any associated documentation that is designed or developed and delivered to the Agency as part of the performance of the Contract. 47. Safety Requirements All materials, equipment, and supplies provided to the City must comply fully with all safety requirements, federal, state and local laws, ordinances, rules, regulations as set forth by the State of Washington RCW's, WAC's and all applicable OSHA Standards. All Contractors providing on -site, or in -person services will be required to adhere to CDC strategies for employees exhibiting symptoms of Coronavirus COVID-19. 12010Q Pedestrian Master Plan Consultant Page 21 of 24 48. Warranty Unless otherwise specifically stated by the Proposer, Contractor warrants that all goods and services furnished under this contract shall be provided using the Standard of Care in its profession. Contractor further warrants that no violation of any federal, state or local law, statute, rule, regulation, ordinance or order will result from the manufacturer, production, sale, shipment, installation or use of any other goods. Contractor's warranties (and any more favorable warranties, service policies, or similar undertaking of Contractor) shall survive delivery, inspection, and acceptance of the goods or services. 49. Access and Review of Contractor's Facilities The City may visit and view any of the offices, premises, facilities and vehicles of the Contractor and/or Contractor's Subcontractor upon request and reasonable notice during the term of the Contract and Contract renewals/extensions. 50. Notice of Change in Financial Condition If, during the Contract Term, the Contractor experiences a change in its financial condition that may affect its ability to perform under the Contract, or experiences a change of ownership or control, the Contractor shall immediately notify the City in writing. Failure to notify the City of such a change in financial condition or change of ownership or control shall be sufficient grounds for Contract termination. 51. Facility Security The City may prohibit entry to any secure facility, or remove from the facility, a Contract employee who does not perform his/her duties in a professional manner, or who violates the secure facility's security rules and procedures. The City reserves the right to search any person, property, or article entering its facilities. 52. Waiver of Breach A waiver by either party hereto of a breach of the other party hereto of any covenant or condition of this Contract shall not impair the right of the party not in default to avail itself of any subsequent breach thereof. Leniency, delay or failure of either party to insist upon strict performance of any agreement, covenant or condition of this Contract, or to exercise any right herein given in any one or more instances, shall not be construed as a waiver or relinquishment of any such agreement, covenant, condition or right. 53. Integration This Contract, along with the City of Yakima's RFQ 11829Q and the Contractor's response to the Request for Qualifications ("RFQ"), represents the entire understanding of the City and Contractor as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered herein. This Contract may not be modified or altered except in writing signed by both parties. 54. Force Majeure Contractor will not be responsible for delays in delivery due to acts of God, fire, strikes, epidemics, pandemics, war, riot, delay in transportation or railcar transport shortages, provided Contractor notifies the City immediately in writing of such pending or actual delay. Normally, in the event or any such delays (acts or God, etc.) the date of delivery will be extended for a period equal to the time lost due to the reason for delay. 12010Q Pedestrian Master Plan Consultant Page 22 of 24 55. Governing Law This Contract shall be governed by and construed in accordance with the laws of the State of Washington. 56. Venue The venue for any judicial action to enforce or interpret this Contract shall lie in a court of competent jurisdiction in Yakima County, Washington. 57. Authority The person executing this Contract, on behalf of Contractor, represents and warrants that he/she has been fully authorized by Contractor to execute this Contract on its behalf and to legally bind Contractor to all the terms, performances and provisions of this Contract. 58. Change or Notice Any alterations made to the Contract shall be rendered in writing and signed by both responsible parties; no changes without such signed documentation shall be valid. No alterations outside of the general scope and intent of the original Request for Proposals or in excess of allowable and accepted price changes shall be made. In no event shall the Contractor be paid or be entitled to payment for services that are not authorized herein or any properly executed amendment. Notice of Business Changes: Contractor shall notify the City in writing within three (3) business days of any change in ownership of the facilities of the Contractor or of the facilities of any subcontractor. The Contractor shall notify the City in writing as soon as possible, and in no event later than three (3) business days, after any decision by the Contractor to change or discontinue service that will affect services provided to the City under this Contract. The City shall have the right to renegotiate the terms and conditions of this Contract to the extent required to accommodate a change in governing law or policy that, in the sole discretion of the City, either substantially and unreasonably enlarges the Contractor's duties hereunder, or renders performance, enforcement or compliance with the totality of the Contract impossible, patently unreasonable, or unnecessary. Notices and demands under and related to this Contract shall be in writing and sent to the parties at their addresses as follows: TO CITY: AND ALSO TO: Bob Desgrosellier Interim City Engineer City of Yakima 129 N. 2nd St Yakima WA, 98901 TO CONTRACTOR:? Maria Mayhue Alta Planning + Design, Inc. Acting Purchasing Manager Attn: Contract Administrator City of Yakima 711 SE Grand Avenue 129 North 2nd St. Portland, OR 97214 Yakima, WA 98901 59. Survival The foregoing sections of this Contract, 2-58 inclusive, shall survive the expiration or termination of this Contract in accordance with their terms. 12010Q Pedestrian Master Plan Consultant Page 23 of 24 c< ns z 0 RESOLUTION NO: IN WITNESS WHEREOF, the parties hereto execute this Contract as of the day and year first above written. CITY OF YAKIMA Robert Harrison, City Manager Date Attest: City Clerk ALTA PLANNING + DESIGN, INC. BY: /atie' Rgififie Kat,e Mangle (Sep 1_ 201,144 PDT) Date: Sep 1, 2020 Kate Mangle, Vice President, as duly authorized (Print name) EXHIBIT A Com pensation 12010Q Pedestrian Master Plan Consultant Page 24 of 24 EXHIBIT A Alta Planning + Design Yakima Pedestrian Master Plan Task 1: Project Coordination and Administration Alta will facilitate a project kick off meeting with City staff to establish a common understanding of communications, schedule, and work plan for the project. Monthly check in calls by phone will keep the project team connected and coordinated throughout the life of the project, providing an opportunity to identify any challenges, discuss key decisions, and establish next steps. In addition to regular check in calls, Alta will prepare a monthly invoice and brief status report on task progress. Task 1 Deliverables: • Kick Off Meeting by phone with up to 2 Alta staff, including agenda and notes • Final Work Plan and Schedule Monthly check in calls, including agenda and notes Monthly invoice with brief project status update memo Task 2: Review Existing Conditions; Establish Base Map and Study Network Task 2.1 Existing Plan Review Alta will review up to 6 existing plans and previous studies related to Yakima's pedestrian network, as provided by Yakima staff. Plans reviewed should consider local and regional studies. Alta will also review existing city policy as it relates to the pedestrian environment, including existing design standards and development requirements; Yakima staff will provide direction as to which policies, design guidance, and development requirements are applicable for review. A brief 3-page memo will summarize findings at a bullet -point level, with specific focus on types of issues and locations that should be considered in developing a study network. Task 2.2 GIS Base Map + Database Following delivery of the datasets listed in the RFPQ, Alta will meet with city GIS staff to clarify any outstanding questions regarding data, including field definitions, currency of data, or other background information that will be necessary for database development. This meeting will also establish the preferred database format for data storage, metadata and naming conventions, as well as map extents and formatting requirements. This plan will utilize the City's existing base map, with minor updates to be completed by Alta as needed. By using the City's existing base 11Page Alta Planning + Design Yakima Pedestrian Master Plan map, this will allow for consistency among recent planning efforts and future City -produced materials. The database will bedelivered atthe end ofthe project andinc|udmonenmundmf Task 2.3 Study Network The Study Network will begin with the pedestrian priority network identified in the Transportation Master Plan; roadway segments will be added or removed based on city staff input, results mfthe online input map inTask 3'orkey findings from Task 2.1.The map will be built on the base map produced in Task 2.2 and identify roadway centerline segments and intersections that may beadvanced toproject deve|opnnent. This task will include one round of review and one final map based on the comments received in review. Task DeUivemmbles: • Task 2.1:Existing Plan and Policy Review Memo; one draft and one final • Task 2.2:G|SBase Map and Database, one draft and one final • Task 23:Study Network Map, one draft and one final inPDFformat '�����^ ����~A^� ��������������� ^~~~^~ ^~^ Public ^—'^%�~~��~^^^^~~^^~ Task 3.1 Webinar (Public Meeting #1)'Webmap,0&Survey All public engagement tasks include presentation of materials developed through the other tasks ofthis plan. Alta owns and operates oweb-based mapping tool that is customizable, interactive, and can be used by the public to provide feedback on existing conditions, unsafe areas for walking, sidewalk needs, and routes that they walk. The webmap allows the public to place comments, ^|ike^comments from others, and draw in routes mnthe map. Alta will create one project vvebnnopandonep jectsurveytopnovidevirtua|angagennento9portunitiesatthe beginning ofthe project. Thesunxeyvvi||gathmrinfornnationabmutnesident'scurnenttrave| patterns and other information that complements the spatial data collected through the webmap. The webmap will be based on the base map (Task 2.2) and include the city boundary, roadways, and parks. If available from the City, existing pedestrian routes can also be included. Participants can identify point orline locations that represent current ordesired walking routes' barriers or challenges to walking today, and destinations. The brief survey (up to 15 questions) will be hosted through SurveyMonkey and ask participants about current and desired travel habits. This task includes one round of review prior to public launch of the webmap and the 2|Page Alta Planning + Design Yakima Pedestrian Master Plan sunnsy. The City will be responsible for promoting vvebnnap and survey participation through existing communication channels and local partnerships. Due to the ongoing COVID health crisis, Alta will host a one -hour "live" public webinar to provide abackground onthe project, discussthep jectschedu|e'kick-offtheengagennent vvebnnopand survey, and answer questions about the project. This vvebina,can berecorded and shared by the City. Following the closure of the webmap and survey, Alta will produce a brief memo that summarizes the results of these two input mechanisms. The nnenno will include exports from SurveyMonkey, up to 2 maps summarizing point and line map inputs, and a bullet -point level descripbonofihekeyDndingsandtakeawaysfnonnthesuneyandmap.Thistaskindudesnne round ofreview, with final comments onthe memo incorporated intothe final report. Task 3'2 Bicycle & Pedestrian Advisory Committee Meetings The Bicycle & Pedestrian Advisory Committee will serve as the steering committee for this project. Alta will conduct up to two two-hour meetings with the advisory committee through the course ofthe project, vvithmeetingsorientedaroundintnoductimnsondbackonound;draft network; recommendations and priorities; and draft plan review. Due tothe [OV|Dhealth crisis, Alta recommends that the two advisory committee meetings be conducted virtually through Zoom and using [onceptboard' a highly interactive, collaborative, and easily operable platform that Alta iswell versed in. Alta may conduct one ofthe two meetings in'perxon'ifrestrictions allow, to discuss recommendations and priorities with the advisory committee. If restrictions allow, the advisory committee meeting, public open house (Task 3.3), and field work (Task 4.1) would beconducted concurrently. In addition to the Advisory Committee meetings, one Alta staff will conduct up to 2' 45-rninute stakeholder meetings with individuals or small groups (up to 5 people) identified by the city. The City of Yakima will be responsible for scheduling these meetings and will be completed via phone or video conference (Zoom). These meetings should occur at the start of the plan. Task 3'3 Open House (Public Meeting #2) A|towiUconductonein-9ersonpub|icopenhouse'ifaUovvedbvCOV(O-19resthctimns. The open house is strategically timed to provide input on recommendations and priorities, a period where in -person discussions and feedback isthe most opportunistic. The open house would include a presentation, boards, and draft recommendations for public input. Should onopen house not befeasible given state orlocal restrictions, vvewill pursue avirtual open house alternative for interactive project information and feedback. The associated budget for this task 3|Page Alta Planning + Design Yakima Pedestrian Master Plan reflects anin-person open house, including travel for 2Alta staff. |fonin-person event isnot feasible, Alta will work with the client team to define a virtual open house option that is consistent with the budget proposed for this task. Task 3/4PmbUic Officials Presentation Alta will provide one presentation to public officials during the course of the projecttoprovda project information and address questions from elected and appointed officials. The public officials group may include City Council, the Planning Commission, a joint session, or another board identified bycity staff. City staff will beresponsible for scheduling this meeting and arranging all necessary agenda items. The meeting will be held digitally using Zoom; Alta will provide the Zoom meeting link. Task 3'5 Translations Alta believes strongly inthe need for inclusive engagement. Due tothe large Spanish-speaking population in Yakima, translations will be necessary. Alta will coordinate relevant material timelines with the client team to allow adequate timing for translation facilitated by City staff or partners; Alta will not complete translations ofmaterials. Alta will work with the City atthe start of the project to identify anticipated documents requiring translation to inform deliverable Task 3 Deliverables: • Task ].1:One hour`|ong' public -facing xvebinarintroducing the project and providing an overview ofthe vvebnnap\project survey project schedule, and ways to stay involved • Task 3.1:One web -based project survey (up to 15 questions) • Task 3.1: One city-wide, interactive webmap with up to four imbedded engagement tools • Task 3.2: Two two-hour Bicycle & Pedestrian Advisory Committee Meetings attended by u9 to two Alta staff (Steering Committee); one of which to be conducted via Zoom and one conducted in -person if public health restrictions permit • Task 3.4:Attendance byone Alta staff atone public officials meeting ���� �` K����U���� ����°������^�� �������� �U��� ..~~.~ .. ~—~~~~..~~�� Pedestrian .~..~~,~~^. Plan Task 4.1 Field Review and Network Refinement This task will refine the Study Network to reflect a connected network of pedestrian routes that provide for comfort of travel and an improved sense of safety. Alta will conduct three analyses to guide field analysis of segments and selection of the proposed network and associated prioritization criteria: 4|Page Alta Planning + Design Yakima Pedestrian Master Plan Demand Analysis: A complete and connected pedestrian network provides access to destinations, employment and education, transportation options, and other services. Understanding where people may be travelling to and from will guide understanding of network gaps and ways that the proposed network may better serve Yakima residents. Key factors include where people live and work, school and recreation locations, and connection to transit. The analysis will map these common locations and other points of interest in Yakima. We will use the results of the demand analysis to develop project prioritization criteria to help us understand where investments may have the greatest impact. Assumption: All destination points will be based on data provided by the City of Yakima. Any required data updates to the destination points will be completed by the City of Yakima following review of the draft Demand Analysis. Safety Analysis: As pedestrian -involved collisions are on the rise --both locally and across the nation --it is important to understand where collisions are occurring and what types of improvements can support network safety. This analysis will assess hot spots for pedestrian -involved collisions, identifying locations with both greater frequency of collisions as well as severity of collisions, as data permits. Pedestrian Level of Traffic Stress: This network assessment will consider roadway characteristics that negatively affect the relative comfort level and perceived safety for pedestrians along the draft Study Network. Posted roadway speed, traffic volumes, presence of sidewalk, and number of travel lanes provide the basis for this analysis. The results of this analysis will be used to assess where the least comfortable streets for pedestrian travel coincide with areas of high demand and identified network deficiencies. We will use the results of these analyses, in combination with the draft Study Network, to select segments to be assessed during the field review. Alta will conduct field work during one coordinated visit to Yakima, with 2 Alta staff attending. When doing field work in Yakima, we will focus on segments selected in coordination with city staff to reflect those areas most in need of additional consideration or data gathering. If possible, we will coordinate the timing of field work with Engagement Activities occurring in Yakima. Based on the approach outlined in Task 3, we recommend conducting field review in conjunction with the Open House (Public Meeting #2). Field review will focus on verifying Wage Alta Planning + Design Yakima Pedestrian Master Plan existing data at selected locations and collecting additional information needed to validate the draft facility selection for these locations. If adjustments to in -person events are needed due to ongoing COVID-19 restrictions, we will adjust field work timing and content accordingly. Specifically, this will include review of the Study Network data and verification of data by City staff and/or the advisory committee. Task 4.2 Pedestrian Network Map and Base Alta will then develop a final Pedestrian Network map based on analysis findings and data review that is representative of the linear and spot improvements that will be prioritized in subsequent steps of the plan. This will include project segmentation, which identifies the start and end points of each. This task includes one round of review to confirm the Pedestrian Network. Task 4.3 Facility Selection Based on the types of roadways included in the Study Network, Alta will define up to 6 facility typologies that will broadly cover the steps needed to implement the design and roadway cross- section requirements. These typologies will provide the framework for better understanding the range of approaches that can improve the pedestrian environment based on factors such as roadway class, pedestrian demand, or location relative to schools. For each project in the Pedestrian Network, Alta will assign a preferred facility type or preferred treatment (for spot locations) based on these typologies. It is anticipated that projects are multi - block segments that will be implemented concurrently. In this phase, Alta will also consider if there are opportunities for more immediate intervention in advance of more complex improvements. For example, our team will consider if there are opportunities to implement an interim pedestrian lane to quickly define space for pedestrian travel on a vital neighborhood pedestrian corridor. Task 4.4 Network Prioritization An effective prioritization process should both reflect the needs and values of the community and also be replicable over time to guide network implementation. Alta proposes coordinating with the Bicycle and Pedestrian Advisory Committee to develop a data -driven prioritization strategy that aligns with the goals of the plan. This strategy can include factors such as: gap closure; safety; connectivity to schools, employment centers, and other destinations; community support; or relative project feasibility. Alta will score projects identified in the steps above to identify a ranked project list. 6IPage Alto Planning + Design Yakima Pedestrian Master Plan The results of the prioritization will inform the Implementation Plan, which will group projects based on immediate, short-term, and long-term opportunities. For immediate and short-term projects (up to 20). Alta will prepare planning level cost estimates. Relative costs for facility types specifying the per unit orper mile cost (use to inform the planning level cost estimates) will also beincluded toinform long-term opportunities. Task 4.5Draft & Final Plan Development Following approval of the implementation plan and Study Network, Alta will develop the Pedestrian Master Plan. This document will be a concise, public -facing document that synthesizes all plan activities, including: Existing Plan Review, Existing Conditions, Public Engagement, and Implementation. Task 5 deliverables will be included as Appendices. This document will be completed inDesign utilizing an Alta -developed template. T he City will provide photos asneeded for the final document. This includes one draft plan, with one round of review, and one final plan with one round of review to identify minor edits. TASK 4Dellivenbles: • Task 4.1:One draft memo summarizing analysis findings; final memo content will be incorporated in draft plan as applicable • Task 4.2 and Task 43: Final Pedestrian Network Map and Database, including one round of review • Task4.4: Prioritized Project List with Planning Level Cost Estimates for up to 20 immediate and short-term recommendations • Implementation Strategy, including Relative Costs • Task4.S: Draft Plan and one round of revisions in PDF format • Task 4.5: Final Plan and one round of revisions in PDF format and one printed copy �����^����U���������U�������� n��.��� .�. ��x—��|���m r�u��� MAINTENANCE �—n���n��~u— Tamk 5.1 Design Guidance Alta will prepare a set of facility design best practices to support implementation of the recommended pedestrian network. This task will rely on existing design guidance documentation, asdefined in sources such as NACTC)Guide for Urban Bikeways, MUTCD'the Highway Capacity Manual, FHVVASnnoU Town and Rural Guide' and VV5OOTstandand designs. The best practices document may incorporate the following: «, Intersection and Roadway Crossing Treatments • Transitions between Facility Types 7|Page Alta Planning +Design Yakima Pedestrian Master Plan • Standard widths and separation from motor vehicles w Upto]other topics asagreed upon with the client team, assuming up to 2 pages per topic area. TaskG.2 Maintenance Plan In addition to design guidelines, Alta will prepare a maintenance plan that guides annual and major maintenance needs and schedules to help preserve what is already in place while protecting investment in new infrastructure. Task 5 Deliverables: w. Task S.1:One Draft and One Final Design Guidelines Document • Task 52:One Draft and One Final Maintenance Plan 8|Page ar 2020, and will be adjusted if work is } 00-2020-196 Yakima Pedestrian Master Plan Agmt Revised Final Audit Report 2020-09-01 Created: 2020-09-01 By: Alta Planning + Design, Inc. Contracts Department (contracts@altaplanning.com) Status: Signed Transaction ID: CBJCHBCAABAAAoHWb_j5QLN_KZjgqfBYSwNTopjtYHmB "00-2020-196 Yakima Pedestrian Master Plan Agmt Revised" Hi story Document created by Alta Planning + Design, Inc. Contracts Department (contracts@altaplanning.com) 2020-09-01 - 9:42:06 PM GMT- IP address: 75.164.9.64 El4 Document emailed to Katie Mangle (katiemangle@altaplanning.com) for signature 2020-09-01 - 9:43:05 PM GMT Email viewed by Katie Mangle (katiemangle@altaplanning.com) 2020-09-01 - 9:43:59 PM GMT- IP address: 74.125.209.44 656 Document e-signed by Katie Mangle (katiemangle©altaplanning.com) Signature Date: 2020-09-01 - 9:44:13 PM GMT - Time Source: server- IP address: 75.164.214.184 et Signed document emailed to Alta Planning + Design, Inc. Contracts Department (contracts@altaplanning.com) and Katie Mangle (katiemangle@altaplanning.com) 2020-09-01 - 9:44:13 PM GMT El Adobe Sign AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR PEDESTRIAN MASTER PLAN CONSULTANT BETWEEN CITY OF YAKIMA AND ALTA PLANNING & DESIGN, INC. THIS AMENDMENT is entered into this Krday of ZSV va_ , 2021, between the City of Yakima, State of Washington ("City") and Alta Planning + Design, Inc. ("Contractor") and amends the Agreement Between the City of Yakima and Alta Planning + Design, Inc., dated September 4, 2020. RECITALS: WHEREAS, the City entered into City Contract Number 2020-148 with Contractor for the purpose of creating the City of Yakima Pedestrian Master Plan; and WHEREAS, the Contractor has requested an extension to the Agreement due to the COVID-19 pandemic which created some logistical issues in finalizing the plan; and WHEREAS, the City does not object to such extension; NOW, THEREFORE, it is agreed between the parties hereto as follows: Section 1: Amendment to the Agreement. Section 3: Contract Term, shall be amended to read as follows: 3. Contract Term The period of this Contract shall be from June 15, 2020 until October 31, 2021. If additional extensions are necessary, they must be agreed to, in writing, by both parties, Prices shall remain firm during the course of this Contract. Section 2: All other contractual terms remain. Aside from the specific amendments listed in Section 1, all other terms, conditions, requirements, and obligations outlined and agreed to in the Agreement Between the City of Yakima and Alta Planning + Design, Inc., dated September 4, 2020, remain in full force and effect and are not altered or amended unless specifically set forth herein. DATED this Ile —day of June, ?021 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. CITY OF YAKIMA y: Robert Harrison, City Manager CITY CONTRACT NO' RESOLUTION Na f I T ATTEST: Alta Planning + Design, Inc. ea tie Katie hl,inPle(..io il, 0)116ldl'6li BY: Katie Mangle Title: Vice President, as duly authorized Final Audit Report 2021-06-11 Created: 2021-0611 By: Alta Planning + Design, Inc. Contracts Department (contraots@$Kapianningzom) Status: Signed Transaction ID: C8JCHBC4ABAAmb250aA0LV8CGfgi8wXAzw|kygXzdm vv���_������_��� �� �������^��� �����������+ �vvK�^�*��� `�.� °_^�°-^^ . ~,~� " ^�- " , ^_-�_^~^~°. .=.~" �_" w . .,~. .��. . .,~^ .� " History � Document created by Alta Planning + Design, Inc. Contracts Department (contracts@altaplanning.com) [-1 Document emailed to Katie Mangle (katiemangle@altaplanning.com) for signature ��.Email viewed byKatie Mangle (kaUnmangle@altap|unning.omm) ^ ~ 1'os'11'11:1xw4PmGMT- |Paddress: r4.12n.2Un3a ;�� Document e'aignedbyKatie Mangle (kmUomang|e@oKop|anning.com) � - Signature Date: u0c1-0a-11 11:18xmPwGMT ' Time Source: server- |Paddress: TI104.1mIcu3 Agreement completed,