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August 5, 2009 File No. 252009.913.001 Mr. Kevin Lilly, P.E. City of Moscow 221 E. 2nd Street Moscow, ID Subject: Dear Mr. Lilly: Agreement for Professional Services Roundabout Feasibility Review for Intersections: 6th Street/Mountain View Baker/ A Street Thank you for considering Reid Middleton to provide professional engineering services for the subject intersections. We look forward to working with you on this project. A. PROJECT UNDERSTANDING The City of Moscow (City) is considering the use of roundabouts for traffic control at two intersections, specifically at 6th Street and Mountain View and at the intersection of Baker and A Street. The City desires support with analyzing the feasibility and conceptual layout for roundabouts at the locations. B. SCOPE OF SERVICES Refer to attached scope of work, Exhibit C. C. PERIOD OF PERFORMANCE Reid Middleton will begin services upon receipt of a signed agreement and will make every reasonable effort to complete the services in a timely matmer considering the needs of the project. We anticipate the initial analysis will be completed in 3 weeks, for the draft submittal. D. CLIENT'S RESPONSIBILITIES The City shall provide available pertinent data, documents, and other information to Reid Middleton as necessary to complete the services outlined in the Scope of Services. J:n.őIIJU'n I' Reid Middlelon, Inc. 728 1341h Slreef SW Suife 200 Eve.elf. WA 98204 Ph: [PHONE REDACTED] fox. 425 7Ő 1-3900 ---PAGE BREAK--- Mr. Kevin Lilly, PE City of Moscow August 5, 2009 File No. 252009913 Page 2 E. COMPENSATION For services described in Section B, Reid Middleton shall be paid on a "time plus-expenses" basis using the rates indicated on Exhibit A. The total for the services to be $8,592 as shown on the attached fee estimate. F. REID MIDDLETON STAFF Kelli Owen, P.E., will be the project manager primarily responsible for this job. However, other individuals at Reid Middleton will work on aspects of your project as required. G. CONDITIONS OF AGREEMENT The terms and conditions of the attached Exhibit Conditions of Agreement, are included as part of this agreement. We appreciate the opportunity to submit this proposed agreement. The terms of this agreement will become effective when confirmed by authorized signature within 30 days. If you wish to pursue this project after that time, this agreement may then be renegotiated. If the terms are acceptable, please sign your acceptance below and return one executed copy to Reid Middleton. If you have any questions or comments please call Kelli Owen at [PHONE REDACTED] or me. Sincerely, Reid Middleton, Inc. Michael Wallace, PE Director Attachments ACCEPTED: s MacDonald, P.E. Title Public Works Director Date 8 q clw\H :\DOC\25St\09\913\Moscow ID Roundabouts\Ltr-Agr 2007.doc\mjw ---PAGE BREAK--- Reid Middleton, Inc. Exhibit tt A" Schedule of Cha rgcs Effective July 1, 2009 through June 30, 2010 Compensation shall be based on time and expenses directly attributable to the project and shall follow the schedule below unless another method of compensation has been expressed in the written agreement. I. II. Personnel Hourly Rate Principal $ 180.00-$ 225.00 Principal Engineer/Principal Plmmer/Principal Surveyor $ 170.00-$ 190.00 Senior Engineer/Senior Planner/Senior Surveyor . . . . . . . . . . . . . . . . . . $ 145.00-$ 165.00 Project Engineer/Project Surveyor/Project Planner $ 115.00-$ 135.00 Design Engineer/Senior Designer/Surveyor/Senior Technical Writer $ 95.00-$ 105.00 Engineer!PlaŦer/Senior TecJinician $ 85.00-$ 95.00 ProJect $ 80.00-$ 85.00 Technician $ 60.00-$ 70.00 Survey Crew (2 Person/RTK/Robotic) $ 165.00 Survey Crew (3 Person/GPS) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 250.00 Expert Witness/Forensic Engineering 1.5 times usual hourly rate ( 4 hour minimum) Individuals not in the regular employ of Reid Middleton may occasionally be engaged to meet specific project requirements. Charges for such personnel will be comparable to charges for regular Reid Middleton personnel. A premium may be charged if project requirements make overtime work necessary. Equipment Rate Design Software/Computer Aided Drafting . . . $ 12.00/hour Ill. Reimbursable Expenses Local Mileage -Automobile $ 0.65/mile Local Mileage -Survey Truck $ 0.65/mile Expenses that are directly attributable to the project are invoiced at cost plus 15%. These expenses include, but are not limited to, subconsultant or subcontractor services, travel and subsistence, commtmications, couriers, postage, fees and petmits, document reproduction, special instrumentation and field equipment rental, premiums for additional insurance where required, spectal supplies, and other costs directly applicable to the project. A new schedule of charges is issued and becomes effective July I each year. Charges for all work, including continuing projects initiated in prior years, will be based on the latest schedule of charges. IV. Client Advances Unless the parties agree otherwise in writing1 charges for the following items shall be paid by the client directly, shall not be the responsibility of Re1d Middleton, and shall be in addition to any fee stipulated in the agreement: government fees, incTuding permit and review fees; soils testing fees and costs; charges for aerial photography; and charges for monuments. lf Reid Middleton determines, in its discretion, to advance any ofthese costs in the interest of the project, the amount of the advance,_plus a fifteen percent administrative fee, shall be paid by the client upon presentation of an invoice therefore. II :\DOC\FORMS\EXHIB ITS\2009-A.doc 1/15/08 (mal) ---PAGE BREAK--- Reid Middleton, Inc. Exhibit Conditions of Agreement I. Payments A. Due Date: Fees and all other chm'Res are billed as services progress. The full amount of each invotce is due and payable thirty (50) days after the date of such invoice. B. Default: Any amount not paid within thirty (30) days of the billing date shall be considered delinquent and shall bear a delinquency charge of one percent (1 per month (or, if lower, the maximum rate allowed by law) from the date of the invotce. Failure to make a payment by the due date is a substantial breach of a material term of the parties' agreement, and Reid Middleton may, at its option\ suspend services or terminate this agreement in that event. The delinquency charge or payment thereof shal not extend the due date or aiTect the right to suspend services or terminate. Payments received on delinquent accounts will be applied first to accrued delinquency charges and then to the unpaid principal amount. II. Additional Services A. Authorization: Reid Middleton shall notify the client if it believes that any direction given by the client or any circumstance presented by the project requires the performance of services beyond the scope of the agreement. lf the client disagrees that the services are beyond the scope of the agreement, or if the client prefers that the identified services not be performed, it shall notify Re1d Middleton within one week of its receipt of Reid Middleton's original notice. If no such notice is received, Reid Middleton shall be authorized to ]Jerform the identified services as Additional Services. B. Definition: Additional Services shall include, without limitation, the following: I. Replacing stakes unless destroyed by Reid Middleton; 2. Making revisions to drawiJJgs, specifications, or other documents which are inconsistent with approvals or previously given by the client, required due to changes in the law, or required due to changes in the overall project; 3. Providing services due to default or defective performance on the part of the construction contractor; 4. Providing services to address unanticipated site conditions; or 5. Providing other services beyond the scope of services described in the agreement. Ill. Construction Phase A. Submittal Review: If Reid Middleton's services include review of construction contractor's submittals, review is conducted only for the limited purpose of checking for confonnance of information given with the design concept expressed in Reid Middleton's drawings and specifications. Review of such submittals is not conducted for the pufJ?ose of detenninin_g the accurac¥ and completeness of details such as dimensions and quantities. When professional certification of a by otners is required by the drawings or specifications, Retd Middleton is entitled to rely upon such certification. B. Means and Methods: Reid Middleton shall not have control overd or charge of, and shall not be responsible for construction means, methods, techniques, sequences or proce ures, or for safety precautions and programs in connection with the construction. Reid Middleton shall not be responsible for the construction contractor's acts, errors1 or omissions or for its failure to perform the construction in accordance with the drawings and specificatiOns. IV. Ownership of Documents All drawings, specifications, electronic media, and other documents prepared by Reid Middleton for this project are instruments of Reid Middleton's service for use solely with respect to this project. Unless otherwise provided in writing, Reid Middleton shall be deemed to be the author of these documents and shall retain all common law, statutory and other reserved rights, including the copyright. The client shall be entitled to retain copies of the instruments of service for reference in connection with Its use and occupancy of the project. Reid Middleton's drawings, specifications, electronic media, or other documents shall not be used by the client or by others on other projects or for additions to this project except by agreement in writing signed by Reid Middleton and with protection from liability for Reid Middleton. In addition, Reid Middleton's drawings, specifications, electronic media, or other documents shall not be used for completion of this project by others unless Reid Middleton is adjudged to be in default under the agreement. Submission or distnbution of documents to meet regulatory requirements or for similar purposes m connection with this project is not to be as publication in derogation of Reid Middleton's reserved rights. \forms\cxhibils\99-U doc WA 713199 (mal) Page 1 of 2 ---PAGE BREAK--- V. Allocation ofRisk Reid Middleton, Inc. Exhibit Conditions of Agreement The client agrees that, to the fullest extent permitted by law, the aggregate liability of Reid Middleton, its officers, directors, employees, and consultants to the client for any and all injuries, claims, losses, expenses, damages and claim expenses arising out of or related to the agreement, from any cause or causes, including but not limited to negligence! errors, omissions, strict liability, breach of contract or breach of implied or expressed warranty shall not $I 00,000 or the total compensation received by Reid Middleton unaer the agreement, whichever is greater. The parties acknowledge that this limitation has been negotiated and reflects, among other things, the potential rewards and benefits of the project and the amount of compensation to be received. VI. Dispute Resolution A. Mediation: In the event of a dispute arising out of or related to the agreement, or the breach or alleged breach hereof, which dispute cannot be resolved through negotiations between the parties, the parties agree that the dispute shall be submitted to nonbinding mediation. Unless the parties subsequently agree upon a different mediation service or mediator, the dispute shall be submitted to the American Association, Seattle Tribunal, acting under its construction industry mediation rules and procedures. Either party may make the initial submission. Each party shall pay its own costs (including, if applicable, its attorney and expe11 witness costs) and one-half of the charge levied by the mediation service and mediator. 13. Litigation: If any dispute is not resolved through nonbinding mediation, venue for litigation arising under or related to this agreement, or the breach or alleged breach hereof, shall be in the District Court of the Second Judicial District to the State ofldaho, in and for the County of Latah. The substantially prevailing party in litigation shall be awarded its costs, attomey fees and expert witness fees incurred for trial preparatiOn, trial and, if applicable, any and all appeals. C. Arbitration: Nothing stated herein shall preclude the parties from later agreeing, by way of a document signed by both parties, to submit any such dispute to arbitration. D. Governina Law: It is agreed that thts Agreement shall be construed under and governed by the laws of the State of I aho. VII. Miscellaneous A. Standard of Care: Reid Middleton intends to render its services in accordance with standards of professional practice currently prevailing in the locale of the project and for the intended use of this project. Without limiting the generality of the foregoing, Reid Miadleton makes no warranties and offers no opinions as to matters affecting title which do not appear in the public records. B. Govemment Entities: Reid Middleton shall not be liable for damages resulting from the actions or inactions of governmental agencies. Reid Middleton does not guarantee that requisite permits or authorizations will be issued. C. Pollution and Hazardous Materials: Unless specifically stated to the contrary in the agreement, Reid Middleton shall have no responsibility for the discovery, presence, handling, removal or disposal of pollutants or hazardous materials (including but not limited to asbestos asocstos products, PCB, lead, or other toxic substances) in any form at the project site. In no event shalf Reid Middleton (or its officers, directors, employees or consultants) be liable for costs, losses or damages-- including but not limited to delay costs or damages due to personal injwy, sickness or death, or damage to propet1y resulting from or related to the presence of pollutants or hazardous materials at the project site. D. Independent Contractor: Reid Middleton is an independent contractor. Reid Middleton is not an employee or agent of the client. E. Subconsultants: Reid Middleton shall have the right to retain subconsultants to perform po11ions of the services under the agreement. If the client reasonably objects in writing to a particular subconsultant, Reid Middleton shall replace the subconsultant if it is mutually agreed to be m the best interests of the prOJect. F. Assignment: Subject to the right to retain subconsultants, neither party shall assign the agreement or any rights under or related to the agreement without the written consent of the other, whicfi consent may be for any reason. G. Accrual: Causes of action between the parties related to or arising out of the aoreement shall be deemed to have accrued, and the aj)plicable statute of limitations shall commence to run, no Tater than the date on which Reid Middleton last performs substantial services under the agreement. H. Entire Agreement: The agreement, including these Conditions of Agreement, represents the entire and integrated agreement between the parties with respect to its subject matter and supersedes all prior and contemporaneous negotiations, representations and agreements, whether written or oral. \forms\cxhibits\99-R doc WA 7/3/99 (mal) Page 2 or 2 ---PAGE BREAK--- Exhibit C SCOPE OF SERVICES For 6th Street/Mountain View Baker/ A Street Intersection Improvements City of Moscow August 5, 2009 A. PROJECT UNDERSTANDING The City of Moscow (CITY) desires support in the feasibility analysis and conceptual layout of a roundabout at the intersections of 6th Street/Mountain View and Baker/ A Street The CITY shall provide support services to Reid Middleton, Inc. (Consultant) as described in the following text. The Consultant will cooperate and coordinate with the CITY to facilitate the Project . B. SCOPE OF SERVICES 1 . Project Management a. Progress Updates, Invoices, Budget Review, and Administration invoices will be prepared according to a CITY approved fonnat. b. Project File Initiation and Management The Consultant will set up and manage the electronic and hardcopy files for the project. 2. Data Collection The Consultant will require the following infom1ation at the intersection, including but not limited to: a. PM peak hour traffic counts (to include turning movements). b. Aerial photographs. c. Topographic base map to include right-of-way data. 6th St/Mountain View & Baker/ A Street 1 of3 ---PAGE BREAK--- d. Existing lane widths. c. Design criteria such as areas that are not to be impacted, design vehicles, sidewalk width, landscape planter width, and other cross section requirements as required by the CITY. f. Locations of existing and proposed driveways. g. Existing and forecasted AM and PM peak hour traffic volumes to include turning movements. h. Project limits. 3. Geometric Roundabout Design a. Conceptual Geometric Roundabout Design The conceptual geometric layout will determine whether a roundabout can physically fit at the desired location within the restrictions provided. If a roundabout does fit in this location, the conceptual design completes enough design effort to show that the anticipated impacts to assist in the selection of intersection control. Refinement of the design to a level required for PS&E occurs in the schematic phase, which is not included in this scope. The Consultant will design a conceptual layout based on operational assumptions. The Consultant will review the traffic analysis prepared by others for use in the conceptual roundabout design. The conceptual design will include the following: AM and PM peak hour operational analysis for existing and forecasted traffic volumes. Speed curves for the roundabout layout. Approach sight-distance triangles (visibility of vehicles and pedestrians). ( 4) Auto tum analysis for design vehicle tuming movements for all movements. 6th St/Mountain View & Baker/A Street 2 of 3 ---PAGE BREAK--- 4. Summary of Findings The Consultant will provide a summary of findings (5-6 pages) showing the and limitations of a roundabout at the intersection. clw\H:\DOC\25St\09\913\Moscow ID Roundabouts\SCOPE OF WORK..doc\MJW 6th St/Mountain View & Baker/A Street 3 of3 ---PAGE BREAK--- 001-01 00201 002.01 002.01 1li tl IHl1 m m r;n.J. • Estimate of Professional Services PROJECT: CUENT: PROJ. NO: Moscow Roundabouts (Two Single lane) City of Moscow 252009.913.024 BY: DATE: Chkd BY: MW 7/15/2009 CLW CHKD BY: CLW 08/05/09 728 1341h Street sw Evareu. WA 98204 (425)741-3800 (425)741-3900 FAX FILE: H:IDOC\25Sti091913\Moscow ID Roundaboutsi[Moscow Roundabouts.xls]Shect1 Task No a b Principal HoUrly Rate Description MW Project Management Sr Engineer $158 KO Project Eng $128 PM ProjHI_File MaÿgĀmenā- _ _ _ _ ō - _ Project Eng $115 RP Sr Tech PA SrTech SB5 $80 $85 PG cw VF 4.00 I oiS LJ TotallaboriTolat labo .E hours Earnings o 15% I I s I s lnvþices and Administration . 4.oo_::c== _ l= o.oo 1 oJ>o-! -o.oo --t-4:oo 1 ft M I .ft M - • I I 9.00 1.142 I i - ŏ.vv -i O - 0 - - - 0 1 : -·subtot3ftas-k 1.oo T 2 Data Collection Labor& Reimb 1.142 474 1,616 a IAehĂtt()_ă!!!_d_i!lg§ . _ - ==!su:totaf!iskQ0 4- ··o.oo- 2.oo 4Fo 2.oo o.oo- 2Ŏoo 16.00 1.884 0 o I 0 Assumptions TOTAL HOURS I . 1.00 SubTotal Cost 190 Percent of Total Hours 1% 11.50 25.00 20.00 7.00 4.00 ;!.00 70.50 8,592 0 0 1.817 3,200 2,300 595 320 170 8.592 16% 35% 28% 10% 6% 3% Hours and rates shown are for estimating purposes only. The actual number of hours charged to the project and personnel used may vary. Hours worked will be billed using the rates, personnel categories, and terms identified in Exhibit A. 0 ol 1,884 - 8,592 TOTAL 8,592