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HomeMy WebLinkAboutTrafficount Inc AG-S-027CITY OF AUBURN AGREEMENT FOR SERVICES AG-S-027 THIS AGREEMENT made and entered into on this ~ day of , 2009, by and between the City of Auburn, a municipal corporation of the tate of Washington, hereinafter referred to as "City" and Trafficount, Inc., PO Box 2508, Olympia, WA 98507, hereinafter referred to as the "Provider." WITNESSETH: WHEREAS, the City is in need of the services of individuals, employees or firms for perForming traffic counts; and, WHEREAS, the City desires to retain the Provider to provide said services in connection with the City's work; and, WHEREAS, the Provider is qualified and able to provide services in connection with the City's needs for the above-described work, and is wilting and agreeable to provide such services upon the terms and conditions herein contained. NOW, THEREFORE, the parties hereto agree as follows: Scope of Services The Provider agrees to perform in a good and professional manner the tasks described on Exhibit "A" which is attached hereto and by this reference made a part of this Agreement. (The tasks described on Exhibit "A" shall be individually referred to as a"task," and collectively referred to as the "services.") The Provider shall perform the services as an independent contractor and shall not be deemed, by virtue of this Agreement and the performance thereof, to have entered into any partnership, joint venture, employment or other relationship with the City. 2. Additional Services In the event additional services with respect to related work are required beyond those specified in the Scope of Work, and not included in the compensation listed in this Agreement, a contract amendment shall be set forth in writing and shall be executed by the respective parties prior to the Provider's perFormance of the services there under, except as may be provided to the contrary in Section 3 of this Agreement. Upon proper completion and execution of an Amendment (agreement for additional services), such Amendment shall be incorporated into this Agreement and shall have the same force and effect as if the terms of such Amendment were a part of this Agreement as originally executed. The performance of services pursuant to an Amendment shall be subject to the terms and conditions of this Agreement except where the Amendment provides to the contrary, in which case the terms and conditions of any such Amendment shall control. In all other respects, any Amendment shall supplement and be construed in accordance with the terms and conditions of this Agreement. AG-S-027 Paae 1 of 8 3. Performance of Additional Services Prior to Execution of an Amendment The parties hereby agree that situations may arise in which services other than those described on Exhibit "A" are desired by the City and the time period for the completion of such services makes the execution of Amendment impractical prior to the commencement of the Provider's performance of the requested services. The Provider hereby agrees that it shall perform such services upon the written request of an authorized representative of the City pending execution of an Amendment, at a rate of compensation to be agreed to in connection therewith. The invoice procedure for any such additional services shall be as described in Section 7 of this Agreement. 4. Provider's Representations The Provider hereby represents and warrants that the Provider has all necessary licenses and certifications to perform the services provided for herein, and is qualified to perform such services. 5. Citv's Responsibilities The City shall do the following in a timely manner so as not to delay the services of the Provider: a. Designate in writing a person to act as the City's representative with respect to the services. The City's designee shall have complete authority to transmit instructions, receive information, interpret and define the City's policies and decisions with respect to the services. b. Furnish the Provider with all information, criteria, objectives, schedules and standards for the project and the services provided for herein. c. Arrange for access to the property or facilities as required for the Provider to perform the services provided for herein. d. Examine and evaluate all studies, reports, memoranda, plans, sketches, and other documents prepared by the Provider and render decisions regarding such documents in a timely manner to prevent delay of the services. 6. Acceptable Standards The Provider shall be responsible to provide, in connection with the services contemplated in this Agreement, work products and services of a quality and professional standard acceptable to the City. 7. Comaensation As compensation for the Provider's performance of the services provided for herein, the City shall pay the Provider the fees and costs specified on Exhibit "B" which is attached hereto and by this reference made a part of this Agreement (or as specified in an Amendment). The Provider shall submit to the City an invoice or statement of time spent on tasks included in the scope of work provided herein, and the City shall process the invoice or statement in the next billing/claim cycle following receipt of the invoice or statement, and shall remit payment to the Provider thereafter in the normal course, subject to any conditions or provisions in this Agreement or Amendment. The Agreement number must appear on all invoices submitted. Compensation for this agreement shall not exceed $25,305.00. AG-S-027 PanP 2 nf £i 8. Time for Performance and Term of Agreement The Provider shall not begin any work under this Agreement until authorized in writing by the City. The Provider shall perform the services provided for herein in accordance with the direction and scheduling provided on Exhibit "A" attached hereto and incorporated herein by this reference, unless otherwise agreed to in writing by the parties. The Term of this Agreement shall terminate on December 31, 2009. 9. Ownership and Use of Documents All documents, reports, memoranda, diagrams, sketches, plans, surveys, design calculations, working drawings and any other materials created or otherwise prepared by the Provider as part of his performance of this Agreement (the "Work Products") shall be owned by and become the property of the City, and may be used by the City for any purpose beneficial to the City. 10. Records Inspection and Audit All compensation payments shall be subject to the adjustments for any amounts found upon audit or otherwise to have been improperly invoiced, and all records and books of accounts pertaining to any work perFormed under this Agreement shall be subject to inspection and audit by the City for a period of up to three (3) years from the final payment for work performed under this Agreement. 11. Continuation of Performance In the event that any dispute or conflict arises between the parties while this Contract is in effect, the Provider agrees that, notwithstanding such dispute or conflict, the Provider shall continue to make a good faith effort to cooperate and continue work toward successful completion of assigned duties and responsibilities. 12. Administration of Aareement. This Agreement shall be administered by Nichol Lindsay, on behalf of the Provider, and by the Mayor of the City, or designee, on behalf of the City. Any written notices required by the terms of this Agreement shall be served on or mailed to the following addresses: City of Auburn Pablo Para Traffic Engineer 25 W Main St Auburn, WA 98001-4998 Phone: 253.288.7447 Fax: 253.931.3053 E-mail: ppara@auburnwa.gov Trafficount, Inc. Nichol Lindsay Owner PO Box 2508 Olympia, WA 98507 Phone: 360.491.8116 Fax: 360.491.1079 E-mail: trafficount@msn.com AG-S-027 Page 3 of 8 13. Notices All notices or communications permitted or required to be given under this Agreement shall be in writing and shall be deemed to have been duly given if delivered in person or deposited in the United States mail, postage prepaid, for mailing by certified mail, return receipt requested, and addressed, if to a party of this Agreement, to the address for the party set forth above. Either party may change his, her or its address by giving notice in writing, stating his, her or its new address, to the other party, pursuant to the procedure set forth above. 14. Insurance The Provider shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the perFormance of the work hereunder by the Provider, or the Provider's agents, representatives, employees, or subcontractors. Provider's maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the Provider to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Service Provider shall obtain insurance of the types described below: a. Automobile Liability insurance, covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Provider shall maintain automobile insurance with minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. b. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured-Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate, and a$2,000,000 products-completed operations aggregate limit. AG-S-027 Page 4 of 8 c. Worker's Compensation coverage as required by the Industrial Insurance laws of the State of Washington. The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: a. The Provider's insurance coverage shall be primary insurance as respects the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Provider's insurance and shall not contribute with it. b. The Provider's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after 30 days prior written notice by certified mail, return receipt requested, has been given to the City. Insurance is to be placed with an authorized insurer in Washington State. The insurer must have a current A.M. Best rating of not less than A:VII. Provider shall furnish the City with certificates of insurance and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Provider before commencement of the work. 15. Indemnification/Hold Harmless The Provider shall defend, indemnify and hold the City and its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses, or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement 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 the Provider and the City, its officers, officials, employees, and volunteers, the Provider's liability hereunder shall be only to the extent of the Provider's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Provider's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 16. Assiqnment Neither party to this Agreement shall assign any right or obligation hereunder in whole or in part, without the prior written consent of the other party hereto. No assignment or transfer of any interest under this Agreement shall be deemed to release the assignor from any liability or obligation under this Agreement, or to cause any such liability or obligation to be reduced to a secondary liability or obligation. AG-S-027 Page 5 of 8 17. Nondiscrimination The Provider may not discriminate regarding any services or activities to which this Agreement may apply directly or through contractual, hiring, or other arrangements on the grounds of race, color, creed, religion, national origin, sex, age, or where there is the presence of any sensory, mental or physical handicap. 18. Amendment. Modification or Waiver No amendment, modification or waiver of any condition, provision or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound, or such party's or parties' duly authorized representative(s) and specifying with particularity the nature and extent of such amendment, modification or waiver. Any waiver by any party of any default of the other party shall not affect or impair any right arising from any subsequent default. Nothing herein shall limit the remedies or rights of the parties hereto under and pursuant to this Agreement. 19. Termination and Suspension Either party may terminate this Agreement upon written notice to the other party if the other party fails substantially to perform in accordance with the terms of this Agreement through no fault of the party terminating the Agreement. The City may terminate this Agreement upon not less than seven (7) days written notice to the Provider if the services provided for herein are no longer needed from the Provider. If this Agreement is terminated through no fault of the Provider, the Provider shall be compensated for services performed prior to termination in accordance with the rate of compensation provided in Exhibit "B" hereof. 20. Parties in Interest This Agreement shall be binding upon, and the benefits and obligations provided for herein shall inure to and bind, the parties hereto and their respective successors and assigns, provided that this section shall not be deemed to permit any transfer or assignment otherwise prohibited by this Agreement. This Agreement is for the exclusive benefit of the parties hereto and it does not create a contractual relationship with or exist for the benefit of any third party, including contractors, sub-contractors and their sureties. 21. Costs to Prevailinq Party In the event of such litigation or other legal action, to enforce any rights, responsibilities or obligations under this Agreement, the prevailing parties shall be entitled to receive its reasonable costs and attorney's fees. AG-S-027 Page 6 of 8 22. Applicable Law This Agreement and the rights of the parties hereunder shall be governed by and interpreted in accordance with the laws of the State of Washington and venue for any action hereunder shall be in of the county in Washington State in which the property or project is located, and if not site specific, then in King County, Washington; provided, however, that it is agreed and understood that any applicable statute of limitation shall commence no later than the substantial completion by the Provider of the services. 23. Captions, Headinqs and Titles All captions, headings or titles in the paragraphs or sections of this Agreement are inserted for convenience of reference only and shall not constitute a part of this Agreement or act as a limitation of the scope of the particular paragraph or sections to which they apply. As used herein, where appropriate, the singular shall include the plural and vice versa and masculine, feminine and neuter expressions shall be interchangeable. Interpretation or construction of this Agreement shall not be affected by any determination as to who is the drafter of this Agreement, this Agreement having been drafted by mutual agreement of the parties. 24. Severable Provisions Each provision of this Agreement is intended to be severable. If any provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this Agreement. 25. Entire Aareement This Agreement contains the entire understanding of the parties hereto in respect to the transactions contemplated hereby and supersedes all prior agreements and understandings between the parties with respect to such subject matter. 26. Counterparts This Agreement may be executed in multiple counterparts, each of which shall be one and the same Agreement and shall become effective when one or more counterparts have been signed by each of the parties and delivered to the other party. AG-S-027 Page 7 of 8 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed effective the day and year first set forth above. CIT O N~ TRAFFICOUNT, INC. Peter B. Lewis, Mayor Signature Attest: Name: Title: Danielle Daskam City Clerk Signature Name: Title: AG-S-027 Page 8 of 8 Exhibit A Task # 1: Provide Average Daily Counts (7 day) for locations listed in Table A Column B and noted in Column C using tube volume counters. Total number of locations is 125. $105.00 per location for a total estimated cost of $13,125.00. Counts are to be completed in the by June 20, 2009 and shall not include the following dates: April 4-11, and May 23-26. Task #2 : Provide Average Daily Counts (7 day) including vehicle classification summary of the traffic volume for locations listed in Table A Column B and noted in Column D using tube volume counters. Total number of locations is 58. Provide speed data at each of these locations as well. $210.00 per location for a total estimated cost of $12,180.00. Counts are to be completed by June 20, 2009 and shall not include the following dates: April 4-11, and May 23-26. TABLE A A B: C: D: 7 Day ADT Plus Classification Location 7 Da ADT Data 104th Ave SE between Green River Road & 8th St NE (Lea Hill 1 Rd * 105'h PI SE between Lea Hill Rd & 2 SE 323`d St * 10th St N E between A St N E& 3 Auburn Wa North * 112th Ave SE between SE 304`h St 4 & SE 281 st St * Riverwalk Dr SE between Auburn 5 Wa South and 29th Street SE * 112th Ave SE between SE 320th 6 St & Lea Hill Rd " 116th Ave SE between SE 304th 7 St & SE 312th St " 116th Ave SE between SE 312th 8 St & SE 320th St * 118th Ave SE between SE 304th 9 St & northern termini 124th Ave SE between SE 284th 10 St & SE 304th St 124th Ave SE between SE 304th 11 St & SE 312th St 124th Ave SE between SE 312th 12 St & SE 320th St * Exhibit A AG-S-027 Page 1 of 10 12th St SE between A St SE & 13 Auburn Wa S * 132nd Ave SE between SE 282nd 14 St & SE 304th St * 132nd Ave SE between SE 304th 15 St & SE 312th St * 14th St N E between B St N W& A 16 St NE * 14th St NE between I St NE & Pike 17 St * 15th St NW/Terrace Dr between W 18 St NW & W Vaile Hw * 15th St NW between SR167 8 A 19 St NE * 15th St NE between A St NE & D 20 St NE * 15th St NE between D St NE & 21 Auburn Wa N * 15th St SW between W Valley 22 Hw & SR167 * 15th St SW between O St SW & 23 Indust Drive SW * 15th St S W between Industry 24 Drive SW & C St S W * 16th St N E between B St N W& A 25 St N E * 17th St SE between A St SE & M 26 St SE " 17th St SE between M St SE & R 27 St SE * 182"d Ave E/16'h St E Between 57'h 28 St SE and Sumner Ta s Hw E * 1st St NW/NE between A St NW & 29 Auburn Ave " 1st St NW/NE between Auburn 30 Ave & Auburn Wa North * 1st St SW/SE between A St SW & 31 AStSE * 21st St SE between A St SE & M 32 St SE * 22nd St NE between Auburn Way 33 North & I St NE * 22nd St NE between I St NE & O 34 St NE ~ 29th St SE between A St SE & M 35 St SE " 2nd St SE between Auburn Way S 36 &FStSE " Exhibit A AG-S-027 Page 2 of 10 2nd St SW/SE between A St SE & 37 Auburn Wa South * 2nd St SW/SE between A St SW & 38 A St SE * 30th St NW/NE between B St NW 39 & Auburn Wa N * 32nd St SE/Academy Drive loop from Auburn Way South to Auburn 40 Wa South * 37th St NE between B St NW & 41 Auburn Wa N * 37th St NW between West Valley 42 Hw & Emerald Downs Drive * 37th St SE between A St SE & M 43 St SE * 3rd St NW between C St NW & 44 Auburn Ave * 3rd St SW between overpass 8 45 Division St * 41st St SE between A St SE & C 46 St SW * 41st St SE between A St SE & D 47 St SE * 44th St NW between Frontage 48 Rd & B St NW * 46th PI S between 3215t St S& 51 S' 49 Ave S * 49th St N E between B St N W& 50 Auburn Wa North * 4th St NE between Auburn Way 51 North&MStNE * 4th St SE between Auburn Way S 52 & M St SE " 51 st Ave S between S 288th St & 53 S 296t'' St * 51 st Ave S between S 296th St & S 54 316th St * 51 st Ave S between S 316th St & S 55 321 St St 53rd St SE between Kersey Way & 56 Randall Ave SE " 53rd Ave S between S 316th St & S , 57 331St St/Mountain View Dr SW * 62nd St SE between Lakeland Hills 58 Wa & Olive Ave SE * 65th Ave S/S 292nd St between 64'n 59 Ave S& West Valle Hw * Exhibit A AG-S-027 Page 3 of 10 69th St SE between Evergreen 60 Wa SE & Lakeland Hills Wa * 6th St NW between H St NW & C 61 St NW * 6th St SE between A St SE & 62 Auburn Wa South * 8th St NE between Auburn Way N 63 & Harve Rd * 8th St NE between Harvey Rd & R 64 St NE * A St NE between 15th St NE & 65 10th St N E * A St NW between 3rd St NW & 66 West Main St " A St SE between 17th St SE & 67 29th St SE * A St SE between 29th St SE & 68 41st St SE * A St SE between 3rd St SE & 6th 69 St SE * A St SE between 41 st St SE & 70 Lakeland Hills Wa * A St SE between 6th St SE & 71 17th St SE * A Street SW between West Main 72 Street & 2nd Street SW * A St SE/Auburn Ave between West 73 Main St & 2nd St SW * Auburn Ave between 3rd St NE & 74 5th St N E * Auburn Black Diamond Road 75 between R St & SR 18 * Auburn Way N between 15th St 76 NE & 22nd St NE " Auburn Way N between 22nd St 77 NE & 30th St NE * Auburn Way N between 37th St 78 NE & 30th St NE * Auburn Way N between 5th St 79 NE & 8th St NE Auburn Way N between 8th St 80 NE & 15th St NE * Auburn Way N between S 277th 81 St & 37th St NE * 82 Auburn Wa N north of S 277th St Auburn Way S between 2nd St 83 SE and 6th St SE * Exhibit A AG-S-027 Page 4 of 10 Auburn Way S between 6th St 84 SE & F St SE * Auburn Way S between 85 Academy Dr & Cit Limits * Auburn Way S between East 86 Main St & 2nd St SE * Auburn Way S between F St SE 87 & 12th St SE * Auburn Way S between Hemlock 88 St SE & Academy Dr. * Auburn Way S between Hemlock 89 St SE 8 Do wood St SE. * Auburn Way S between M St SE 90 & 12th St SE * Auburn Way S between 91 Riverwalk Dr & Do wood St SE * Auburn Way S between 92 Riverwalk Dr & M St SE * B St NW between 37th St NW & 93 15th St NW * B St NW between S 277th St & 94 37th St NW * Boundary Blvd between Algona 95 Blvd & 15th St SW " 96 C St N E 37th St N E& 30th St N E * C St NW between 15th St NW & 97 6th St NW " C St NW between Main St & 3rd St 98 NW * C St SW between 8th St SW 8 99 15th St SW * C St S W between 15th St S W& 100 Ellin son Rd. * C St SW between SR 18 & Main 101 St * D St NE between S 277th St & 102 49th St N E * D St NE/E St NE between 16th St 103 NE & 22nd St NE * Dogwood St SE between Auburn Way S& Casino Parking Garage 104 Entrance " Dogwood St SE between Auburn 105 Wa S& Forest Rid e Drive " Dogwood St SE between Scenic Drive & Casino Parking Garage 106 Entrance ~ Exhibit A AG-S-027 Page 5 of 10 E Main St between Auburn Ave & 107 Auburn Wa " E Main St between Auburn Way & 108 M St E " E Valley Hwy at the City Limits 109 (South of Lake Ta s Parkwa ) * E Valley Hwy between Lakeland 110 Hills Way & Lake Ta s Parkwa * 111 Ellin son Rd W of C St S W * Emerald Downs Drive between 112 37th St NW & 15th St NW * Evergreen Way SE between Lakeland Hills Way & Highland 113 Drive * Evergreen Way SE between 114 Lakeland Hilis Wa & Panorama * Evergreen Way SE between 115 Panorama & 69th St SE * F St SE between 4th St SE & 116 Auburn Wa South * 117 Fronta e Rd South of S. 277th St * Green River Road at the City 118 Limits * H St NW between 6th St NW & 119 West Main St * Harvey Rd between Auburn Way 120 N&IStNE * Harvey Rd between I St NE & 8th 121 St NE * Hemlock St SE between 19th 122 Place SE & Auburn Wa S * I St NE between 14th St NE & 123 22nd St NE " I St NE between 22nd St NE & 124 37th St N E " Kersey Way SE between 53rd St 125 SE & cit limits * Kersey Way SE between Oravetz 126 Rd & 53rd St SE Lake Tapps Parkway between E 127 Valle Hw & west Cit Limits. * Lake Tapps Parkway between E 128 Valle Hw & Lakeland Hills Wa Lake Tapps Parkway between Lakeland Hills Way & Sumner 129 Ta s Parkwa * Exhibit A AG-S-027 Page 6 of 10 Lake Tapps Pkwy SE between Sumner Tapps Hwy East & 182nd 130 Ave SE " • Lakeland Hills between Evergreen 131 & Lake Ta s Parkwa * Lakeland Hills Way between E 132 Valle Hw & Oravetz Rd * Lakeland Hills Way between 133 Oravetz Rd & Ever reen * Lea Hill Road/SE 312th between 134 8th St NE & 104th Ave SE " Lea Hill Road/SE 312th between 135 104th Ave SE & 105th PI SE * Lea Hill Road/SE 312th between 136 105th PI SE & 112th Ave SE Lea Hill Road/SE 312th between 137 112th Ave SE & 124th Ave SE * M St NE between 22nd St NE 8 138 14th St NE * M St NE between 8th St NE 8 4th 139 St NE * M St NE between E Main St 8 4th 140 St NE * M St NE between E Main St & 4th 141 St SE * M St SE between 12th St SE & 4th 142 St SE M St SE between 12th St SE & 143 Auburn Wa S " M St SE between 17th St SE & 144 21st St SE * M St SE between 21st St SE & 145 29th St SE * M St SE between 29th St SE & 146 37th St SE * Mill Pond Dr between Oravetz Rd 147 & Lakeland Hills Wa * Mt View Dr between W Valley Hwy 148 & 56th Ave S * O St SW between 15th St SW & 149 Boundar Blvd * Oravetz Rd between Lakeland Hills 150 Wa & Mill Pond Dr " Oravetz Rd between Mill Pond Dr 151 & Kerse Wa * Panorama Drive SE between Evergreen Way SE & Elizabeth 152 Ave SE * Exhibit A AG-S-027 Page 7 of 10 Peasley Canyon Road between 153 51 st Ave S& West Valle Hi hwa * R St N E between 8th St N E& E 154 Main St * R St SE between 21st St SE & 155 29th St SE " R St SE between 29th St SE & 156 37th St SE * R St SE between E Main St & 157 Auburn Black Diamond Rd " S 277th St between Auburn Way 158 NSDStNE * S 277th St between D St NW & 159 Auburn Wa North * S 277th St between Frontage Rd 160 8 D St NW * S 296th St between 51 St Ave S& 161 64t'' Ave S * SE 284th St between 112th Ave S 162 & 124th Ave S * SE 304th Way/304th Ave/304th St between Green River Road & 163 112th Ave SE * S 316th St between 51St Ave S& W 164 St NW * SE 320th between 116th Ave SE & 165 124th Ave SE " Sumner Tapps Hwy E between 166 Lake Ta s Parkway & 16th St E * W Main St between C St NW & 167 Division * W Main St between H St NW & C 168 St NW * W Main St between W Valley Hwy 169 &HStNW * W Valley Hwy between 15th St 170 SW & Peasle Can on * W Valley Hwy between 37th St 171 NW & 15th St NW " W Valley Hwy between Peasley 172 & W Main St * W Valley Hwy between W Main 173 St & 15th St NW * SE 304th St BTWN 112th Ave SE 174 &116th Ave SE * SE 304th St BTWN 116th Ave SE 175 &124th Ave SE * Exhibit A AG-S-027 Page 8 of 10 SE 304th St BTWN 124th Ave SE 176 & 132nd Ave SE * SE 304th St BTWN 132nd 177 Wa /Ave Si nai and SR 18 * Randall Ave SE BTWN 53rd St SE 178 & Cit Limits * W Valley HWY BTWN 37th St NW 179 and north to Cit Limits * N Division Street between Main St 180 & 3rd St NW * S Division St between Main St & 181 3rd St SW * 10th st NE between Auburn Way 182 North and harve Rd NE * W Valley HWY Btwn 15th St SW & 183 South Cit Limits * Exhibit A AG-S-027 Page 9 of 10 DELIVERABLES for entire project: For all data collected the Provider shall provide, to the City, electronic files provided in Excel and PDF format. Street address of tube location should be included on the excel spreadsheet for future reference. Data will be due to the City within 2 weeks from conclusion of data collection. Exhibit A AG-S-027 Page 10 of 10 Exhibit B FEE SCHEDULE Dual Directional, 7-day Classification/Speed Study, 7-day Authorized budget: Task # 1: Task # 2: Exhibit B AGS-027 Page 1 of 1 $ 105.00 per location $ 210.00 per location $13,125 12 180 $25,305 " L" j- 16 AMENDMENT #1 TO SERVICE AGREEMENT NO. AG-S-027 BETWEEN THE CITY OF AUBURN AND TRAFFICOUNT, INC. RELATING TO TRAFFIC COUNTS THIS AMENDMENT is made and entered into this e---day of , 2009, by and between the CITY OF AUBURN, a municipal corporation of the St e of Washington (hereinafter referred to as the "CITY"), and TRAFFICOUNT, tNC. (hereinafter referred to as the "PROVIDER"), as an Amendment to the Service Agreement between the parties for AG-S-027 executed on the 11th day of March, 2009. The changes to the agreement are described as follows: 1. CONTRACT TERM: There is no change to the date of termination. 2. SCOPE OF WORK: The scope of work is amended to include the following locations: 184. SE 281st Ave BTWN 112th Ave SE & 108th Ave SE (7 Day ADT Count) 185. SE 284th St BTWN 112th Ave SE & 124th Ave SE (7 Day ADT Count) 3. COMPENSATION: The amount of this amendment is $210.00, increasing the total agreement amount to a total of $25,515.00. REMAINING TERMS UNCHANGED: That all other provisions of the Agreement between the parties for AG-S-027 executed on the 11"' day of March, 2009, shall remain unchanged, and in full force and effect. iIV WITNESS WHEREOF the parties hereto have executed this A.greement as of the day and year first above written. TRAFFICOUNT, INC. CI OF BURN ,r ~ . By. Authorized signature Peter B. Lewis, Mayor ATTEST (Optional): ATTEST: I • / By: /012 ~ G Its: Danielle E. Daskam, Auburn City Clerk Approved as to form (Optional): Approved as to f rm: 146 1 Da ' I B. ei , uburn ity ttorney Attorney for (Other Party) Amendment No. 1 for Agreement No. AG-C-027 Trafficount, Inc. Page 1 of 1 ~~t C, c-7 AMENDMENT #2 TO SERVICE AGREEMENT NO. AG-S-027 BETWEEN THE CITY OF AUBURN AND TRAFFICOUNT, INC. RELATING TO TRAFFIC COUNTS THIS AMENDMENT is made and entered into this ~da of '"~'~2009 b Y , , Y and between the CITY OF AUBURN, a municipal corporation of the State of Washington (hereinafter referred to as the "CITY"), and TRAFFICOUNT, INC. (hereinafter referred to as the "PROVIDER"), as an Amendment to the Service Agreement between the parties for AG-S-027 executed on the 11th day of March, 2009, and amended the 13t" day of April, 2009. The changes to the agreement are described as follows: 1. CONTRACT TERM: There is no change to the date of termination. 2. SCO°E OF WORkC: The scope of work is amended to include axel class and speed data in addition to volume counts already scheduled for the following locations: 125. Kersey Way SE between 53rd St SE and City Limits 128. Lake Tapps Parkway between E Valley Hwy and Lakeland Hills Way 129. Lake Tapps Parkway between Lakeland Hills Way and Sumner Tapps Parkway 3. COMPENSATION: The amount of this amendment is $315.00, increasing the total agreement amount to a total of $25,830.00. REMAINING TERMS UNCHANGED: That all other provisions of the Agreement between the parties for AG-S-027 executed on the 11th day of March, 2009, shall remain unchanged, and in full force and effect. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written. TRAFFICOUNT, INC. C N ~ By: ` Authorized signature Peter B. ewis, Illiayor ATTEST (Optional): ATTEST: By: Its: Da ielle E. Daskam, Auburn City Clerk Approved as to form (Optional): App~oled as Attorney for (Other Party) B. Heid, Auburtf City\Attorney Amendment No. 2 for Agreement No. AG-C-027 Trafficount, Inc. Page 1 of 1 ~ CITY OF AliBURN Peter B. Lewis, Mayor ~ WASHINGTON 25 West Main Street * Auburn WA 98001 4998 * www.auburnwa.gov * 253-931-3000 G17y OFqUgURN ~17Y f'j pRICS February 3, 2010 4 ~q1Q Nichol Lindsay Trafficount, Inc PO Box 2508 Olympia, WA 98507 RE: Agreement for Professional Services, AG-S-027 Traffic Counts Dear Ms. Lindsay: This letter is to inform you that the above-referenced Agreement for Professional Services is being closed at this time. Our records indicate that we processed the final payment for this agreement on December 21, 2009 for invoice #J3957 in the amount of $1,575.00. If you feel that this Agreement for Professional Services should not be closed, or if there are any outstanding invoices, please inform me by February 12, 2010. Thank you for your firm's traffic count services. If you should have any questions, feel free to call me directly at 253-804-3120. Sincerely, Amber Mund Engineering Aide Department of Public Works AM/ad/hm cc: Dani Daskam, City Clerk AG-S-027 AUBURN * MORE THAN YOU IMAGIN