HomeMy WebLinkAboutTraffic Count Consultants Inc AG-S-029A 5.16 .9
CITY OF AUBURN
AGREEMENT FOR SERVICES
AG-S-029
THIS AGREEMENT made and entered into on this ~ day of ,
2009, by and between the City of Auburn, a municipal corporation of the State of
Washington, hereinafter referred to as "City" and Traffic Count Consultants, Inc.,
13623 184t" Ave NE, Woodinville, WA 98072, 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 willing and agreeable to
provide such services upon the terms and conditions herein contained.
NOW, THEREFORE, the parties hereto agree as follows:
Scoae 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-029
Page 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. City'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. Compensation
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
$16,600.00.
AG-S-029
Page 2 of 8
8. Time for Performance and Term of Aqreement
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 Docume
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 Agreement.
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
Traffic Count Consultants, Inc.
Lynne Pihl
Owner
13623 184th Ave NE
Woodinville, WA 98072
Phone: 425.861.8866
Fax: 425.861.8877
E-mail: TC2@aol.com
AG-S-029
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 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, stop gap liability, personal injury and advertising
injury, and liability assumed under an insured contract. 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 prod ucts-com pleted
operations aggregate limit.
AG-S-029
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-029
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-029
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 Aqreement
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-029
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.
CITY OF
Peter B. L6Ais, Mayor
Attest:
Da i Ile Daskam City Clerk
iel B. He
Attorney
TRAFFIC COUNT CONSULTANTS, INC.
~
ignature
Name: I-rAWE lA/NL
Title: P12&r51,bE0t17• 7-GZ1Nc-
Signature
Name:
Title:
AG-S-029
Page 8 of 8
Exhibit A
Task: Provide two hour AM and PM Peak Manual Turn Movement Counts for the
intersections listed in Table A-2. The number of intersections is 109.
$151.37 per location (for one technician) for a total estimated cost of $16,600.
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.
TABLE A
No.
NB/SB
EB/WB
1
104th Ave SE
Lea Hill Road SE
2
112th Ave SE
Se 304th St
3
124th Ave SE
SE 284th St
4
124th Ave SE
SE 320'h St
5
124th Ave SE
SE 312t" St
6
124th Ave SE
SE 304th St
7
132nd Ave SE No Si nal
SE 304th St
8
132"d Ave SE at Si nal
SE 304th St
9
182nd Ave E/ Kerse Wa SE
Lake Ta s Parkwa
10
51 st Ave S
S 296th St
11
64th Ave S
65th Ave S/ S 292nd St
12
AStNE
15'hStNE
13
A St SE
17'h St SE
14
A St SE
29th St SE
15
AStSE
2"dStSE
16
AStSE
21stStSE
17
A St SE
37th St SE
18
AStSE
3rdStSE
19
AStSE
415tStSE
20
A St SE
6t" St SE
21
A St SW
2nd St SW
22
Auburn Avenue
1S' St NE
23
Auburn Avenue
3' St NE
24
Auburn Avenue
4t" St NE
25
Auburn Avenue
East Main
26
Auburn Wa North
15th St NE
27
Auburn Wa North
1' St NE
28
Auburn Wa North
22"d St NE
29
Auburn Wa North
30th St NE
30
Auburn Wa North
37ih St NE
31
Auburn Wa North
4th St NE
32
Auburn Wa North
8t" St NE / 9th St NE Si nalized Int.)
Exhibit A
AG-S-029
Page 1 of 3
33
Auburn Wa North
East Main
34
Auburn Wa North
S 277th St
35
Auburn Wa South
12t" St SE
36
Auburn Wa South
2"d St SE
37
Auburn Wa South
4'h St SE
38
Auburn Wa South
6th St SE
39
Auburn Wa South
Academ Dr.
40
Auburn Wa South
F St SE
41
Auburn Wa South
Do wood St SE
42
Auburn Wa South
M St SE
43
Auburn Wa South
Riverwalk Dr.
44
Auburn Wa South
Muckleshoot Plaza
45
Auburn Black-Diamond Rd
SR 18 WB Ram s
46
Auburn Black-Diamond Rd
SR 18 EB Ram s
47
Auburn Wa South
SR 18 WB Ram s
48
B St NW
37'h St NW
49
B St NW
S 277'h St
50
C St NW
15t'' St NW
51
C St NW
3rd St NW
52
C St NW
West Main
53
C St SW
151' St SW
54
C St SW
8'h St SW
55
C St SW
Ellin son Rd
56
C St SW
SR 18 EB Ram s
57
C St SW
SR 18 WB Ram s
58
D St N E
15th St N E
59
DStNE
9t''StNE
60
D St NW
S 277th St
61
Division St
Main St
62
East Valle Hw /A St SE
Lakeland Hills Wa
63
East Valle Hi hwa
Terrace View Dr SE
64
East Valle Hi hwa
East Valle Hi hwa Access Road
65
Emerald Downs Dr
37th St NW
66
F St SE
4th St SE
67
Fronta e Road
S 277th St
68
Harve Road
8th St NE
69
Howard Road SE/Auburn Way
South
17th St SE
70
I St N E
22"d St N E
71
I St N E
28th St N E
72
I St NE
Harve Road
73
industr Dr.
15th St SW
74
Kerse Wa
Oravetz Rd
75
Lakeland Hills Wa
Lake Ta ps Parkwa '
76
Lakeland Hills Wa
Ever reen Wa SE
Exhibit A
AG-S-029
Page 2 of 3
77
Lea Hill Road SE
105th Place SE
78
M St
East Main St
79
M St NE
4th St NE
80
M St SE
17th St SE
81
M St NE
22nd St NE
82
M St SE
29th St SE
83
M St SE
4th St SE
84
Market St
15th St SW
85
O St SW
15th St SW
86
Perimeter Road
15th St SW
87
R St NE/SE
East Main St
88
R St N E
8th St N E
89
R St SE
29th St SE
90
SR 167 NB Ram s
15th St NW
91
SR 167 NB Ram s
15th St SW
92
SR 167 SB Ram s
15th St NW
93
SR 167 SB Ram s
15th St SW
94
West Valle Hi hwa
15th St NW
95
West Valle Hi hwa
15th St SW
96
West Valle Hi hwa
37th St NW
97
West Valle Hi hwa
W Main
98
West Valle Hi hwa
Peasle Can on
99
West Valle Hi hwa
SR 18 EB Ram s
100
West Valle Hi hwa
SR 18 WB Ram s
101
A St NW
West Main
102
C St SW
GSA
103
C St SW
Safewa
104
L St NE
S 277th St
105
62nd Dr SE/Old Man Thomas
Rd/Sumner Ta s Hw
Lake Ta s Pkw
106
Meredith Hill
S 300th PI
107
Sumner Ta s Hw
16th St E
108
S Division Street
3rd Street SW
109
F St SE
21st St SE
Exhibit A
AG-S-029
Page 3 of 3
DELIVERABLES for entire project:
For all data collected the Provider shall provide, to the City, electronic files provided in
Excel and PDF format. Data will be due to the City within 2 weeks from conclusion of
data collection.
Exhibit A
AG-S-029
Page 4 of 3
Exhibit B
FEE SCHEDULE
Turning Movement Counts, 2 hours $152.29 per location
Authorized budget:
Task:
16 600
$16,600
Exhibit B
AGS-029
Page 1 of 1
7~
AMENDIYIENT TO SERYICE AGREEMBIT NM AG-S4M BETWEEN
THE CITY OF AUBt)RN AND T'RAFflC C4UNT CONSULTANTS, [NC
THIS ANlENDAENT is made and entered intct this ~dy ~_..200 by and bei~en the CiTY OF AUBURN, a municat tte State of
Washington (hereinafter refiemed to as the `C[TY°), and Traffc Coucrt Consuttaar►ts, tnc
(hereinafter referred to as the "PR4VIDER'), as an Amendment to the Service
Agreement betveen the parbes fbr AG-S-029 execxuled on ttte 41th day of lllarch 2009.
The changes to the agreement are descn'bed as foilows:
1. There is no charge to the date o# terminatiort.
2. SCOPE OF WORK: The scope of vaork is amended to k►dude the fotfowirig tasks:
Perform tuming rnovement courrts from 6:30 am to 9:30 am at the iblfpwing
intersections on Wednesday, September 9, 2009, arxi #[m again on
Wednesday, October 7,2009:
1. 120 Avertue SE & SE 312"' Street
2. 124t' Avenue SE & SE 320t' Street
3. COMPENSATION: The amount of this amendmerrt is $4456.84. The totai
agreement amount is inareased to a tofiat of $17,056.84.
REMAINING TERMS UNCHANGEQ: That at o1fw provesiorts o# ttie Agreement
beiween the parties inr AG-S-029 executed on the 11th day of March 2009 sha[i remain
unchanged, and in fuN foroe and effecE.
IN W[TNESS WHEREOF the parties hereto have executed this Agreerrient as of the
day and year first above written.
TRAFFtC COUNT CONSULTANTS, iNC
By:
AUthonzed ' nature .c YNKE /
~CtTY flF AUBU~N
! ~ ~ -
Pkw
B. Lewis, Mayor
AmendFnent Na. 1for Agreemet'tt No. AG-C-029
Traffic Cottrrt Cor~s. inc
Page 1 of 2
ATTEST (Optional):
BY:
its:
Approved as to form (Optional):
Attomey for (Other Party)
Amendment No. 1 for Agreement No. AG-C-029
Traffic Count Consuftants. inc
Page2of2
ATTEST:
, Z ej
Daniel[e E. Daskam, Aubum City Cierk
Approved as to fbrm:
~aaniel B. Heid, Aubum City Attorney
*
A3. t G _I
XfJ OF *BURN Peter B. Lewis, Mayo
TON 25 West Main Street * Aubum WA 98001-4998 * www.aubumwa.gov * 253-931-300
* WASHING
February 3, 2010
Lynne Pihl
Traffic Count Consultants, Inc
13623 184th Avenue Northeast
Woodinville, WA 99872
RE: Agreement for Professional Services, AG-S-029
Traffic Counts
Dear Ms. Pihl:
GIIY pFqUBURIV
CITy r► ~RKS ~FF
sC~
FEB 4
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 #2009-T060 in the amount of $913.68.
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-029
AUBURN* MORE THAN YOU IMAGINF