HomeMy WebLinkAboutTraffic Count Consultants Inc AG-S-049
CITY OF AUBURN
AGREEMENT FOR SERVICES
AG-S-049
THIS AGREEMENT made and entered into on this //*_-day of ,
2011, by and between the City of Auburn, a municipal corporation of the Stat o
Washington, hereinafter referred to as "City" and Traff ic Count Consultants, c.,
13623 180 Ave NE, Woodinville, WA 98072, hereinafter referred tows the "Provider."
WI_TNESSETH:
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:
1. 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 "K' 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 thereunder, except as maybe 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 sameforce and effect'as if the terms of such
Amendment were a partof 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.
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
$21,600.00.
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, 2011.
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 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 Traffic Count Consultants, Inc.
Pablo Para Lynne PH
Traffic Engineer Owner
25 W Main St 13623 184th Ave NE
Auburn, WA 98001-4998 Woodinville, WA 90972
Phone: 253.288.7447 Phone: 425.861.8866
Fax: 253.931.3053 Fax: 425.861.8877
E-mail: ppara@auburnwa.gov E-mail: team@TC2inc.com
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 products-completed
operations aggregate limit.
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. Assignment
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.
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 Prevailing 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.
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. Headings 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 Agreement
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.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed effective the day and year first set forth above.
CIT OF A BURN TRAFFIC COUNT CONSULTANTS, INC.
04AJ
ignatur
Peter B. Lewis, Mayor
Name:-2m1 • A A'0
WMAOVA
est: Title:
Danielle Daskam City Clerk Signature
Name:
App r v s o m: Title:
bar iel B. Hei , ity Attorney Federal Tax ID No:
Exhibit A
Task: Provide two hour AM and PM Peak Manual Turn Movement Counts or four hour
count as noted for the intersections listed in Table A. The number of intersections is 118
plus 17 driveways, with 2 of those driveways being counted with intersections. $150.00 per
location for one technician, $250.00 per location for two technicians and $300.00 per
location for a four hour count with one technician, for a total estimated cost of $21,600.
Counts are to be completed by June 17, 2011 or October 28, 2011 (counts without notes could be
done in the fall if not able to complete bt June 17, 2011) and shall not include the following dates:
May 9th and May 30t" June 8t", June 13t , and June 18t" through September 11 or as noted next to
each count location.
TABLE A
AM &
N/S E/W PM Notes
North Aubum
8th Street
NE/Lea Hill
104th Ave SE/104th Place Rd/SE 320th
1 SE Street $150.00
104th Avenue SE/SE Green River
2 304th Wa Road $150.00
Need 4 hour
expanded counts.
4 hours in AM
and 4 hours in
SE 320th PM Complete
3 110th Avenue SE Street $300.00 rior to June 9th
SE 284th
4 112th Avenue SE Street $150.00
SE 304th
5 112th Avenue SE Street $150.00
SE 312th
6 112th Avenue SE Street $150.00
SE 320th
7 112th Avenue SE Street $150.00
SE 304th
8 116th Avenue SE Street $150.00
SE 312th
9 116th Avenue SE Street $150.00
SE 320th
10 116th Avenue SE Street $150.00
SE 284th
11 124th Avenue SE Street $150.00
SE 304th
12 124th Avenue SE Street $150.00
SE 312th
13 124th Avenue SE Street $150.00
SE 316th
14 124th Avenue SE Street $150.00
SE 320th
15 124th Avenue SE Street $150.00
132nd Avenue SE (at SE 304th
16 signal) Street $150.00
17 51 st Avenue S S 288th Street $150.00
18 51 st Avenue S S 296th Street $150.00
19 51 st Avenue S S 316th Street $150.00
20 56th Avenue S S 331st Street $150.00
65th Ave
21 64th Avenue S South $150.00
15th Street
22 A Street NE NW/NE $250.00 2 person count
23 A Street SE 12th Street SE $150.00
24 A Street SE 6th Street SE $150.00
25 Auburn Way North 10th Street NE $150.00
15th Street
NE/Harvey Rd
26 Auburn Way North NE $250.00 2 person count
27 Auburn Way North 1st Street NE $150.00
28 Auburn Way North 22nd St NE $150.00
29 Auburn Way North 30th Street NE $150.00
30 Auburn Way North 37th Street NE $150.00
31 Auburn Way North 4th Street NE $150.00
8th/9th Street
32 Auburn Way North NE $250.00 2 person count
33 Auburn Way North S 277th Street $250.00 2 person count
East Main
34 Auburn Way North/South Street $150.00
35 Auburn Way South 12th Street SE $250.00 2 person count
36 Auburn Way South 2nd Street SE $250.00 2 person count
4th Street SE/
37 Auburn Way South Cross St SE $250.00 2 person count
6th Street
38 Auburn Way South SE/SR 18 EB $250.00 2 person count
39 Auburn Way South D Street SE $150.00
40 Auburn Way South F Street SE $250.00 2 person count
41 Auburn Way South SR 18 WB $250.00 2 person count
37th Street
42 B Street NW NW $150.00
43 B Street NW S 277th Street $150.00
C Street NW/Emerald 15th Street
44 Downs Drive NW $250.00 2 person count
45 C Street SW 8th Street SW $150.00
46 D Street NE 15th Street NE $250.00 2 person count
9th/10th Street
47 D Street NE NE $150.00
48 D Street NW S 277th Street $250.00 2 person count
37th Street
49 Emerald Downs Dr NW NW $150.00
50 F Street SE 4th Street SE $150.00
51 Frontage Road. S S 277th Street $150.00
52 H Street NE 4th Street NE' $1.50:00`
53 H Street NE 8th Street NE $150.00
Harvey Rd NE/M Street
54 NE 8th Street NE $250.00 2 erson count
Harvey Road,
55 1 Street NE NE $150.00
56 L Street NE S 277th Street $150:00
Lea Hill Rd/SE 320th .105th Place
57 Street SE $150.00
22nd" Street
58 M Street NE NE $150.00
59 M-Street NE 4th Street NE $150.00
East.Main
60 M Street NE/SE Street $1'50.00
61 ' M Street SE . 12th Street SE $150.00
Pike"Street NE/Henry Rd
62 NE . 8th Street NE $150.00.
63 R.Street NE 8th Street NE. $150.00
East Main
64 R Street NE/SE Street $150:00
15th Street
65 SR 167 NB NW $250.00 2 person count
.15th Street
66 SR 167 SB "NW. $250.00 2 person count
15th Street
67 West Valle H NW $250.00 2 person count
S 292nd
Street/37th
68 - West Valle H Street NW $250.00 2 person count
69 -West Valle H SR 18 EB $150.00
70 West Valle H SR 18 WB' $150.00
71 - A Street SE 17th Street SE $150.00-
.72 A" Street SE 21 st Street SE $150.00
73 A Street SE 29th Street SE $150.00
74 A Street SE 37th. Street SE $150.00
2 person count -
Including
75 A-Street-SE 41 st Street SE $250.00 Driveway
Including
76 'A Street SE' 44th Street SE $150.00 Driveway
Lakeland Hills
77 A Street SE Way SE $150.00
2 person count,
Complete prior to
78 Auburn Way South 47th Street SE $250.00 June 9, 2011
Academy
79 'Auburn Way South Drive $150.00
2 person count,
Complete prior to
80 Auburn Way South M Street SE $250.00.. June 9,,2011
Muckleshoot
81 Auburn Way South Plaza/Bin o $150.00
Hall
Riverwalk
82 Auburn Way South Road $150.00
15th Street
83 C Street SW SW $150.00
84 C Street SW GSA Entrance $150.00
Safeway
85 C Street SW Entrance $150.00
Auburn Way
86 Dogwood Street SE South $150.00
East Valley
87 East Valle H Access Road $150.00
Terrace View
88 East Valle H Drive SE $150.00
89 F Street SE 17th Street SE $150.00
90 F Street SE 21 st Street SE $150.00
91 F Street SE 29th Street SE $150.00
15th Street
92 Indust Drive SW SW $250.00 2 person count
Evergreen
Way SE/53rd
93 Kersey Way SE St SE $150.00
62nd Street
94 Lakeland Hills Way SE SE $150.00
95 Lakeland Hills Way SE 69th Street SE $150.00
Evergreen
96 Lakeland Hills Way SE Way SE $150.00
Lake Tapps
97 Lakeland Hills Way SE Parkway $250.00 2 person count
Mill Pond
98 Lakeland Hills Way SE Drive SE $150.00
Complete prior to
99 M Street SE 17th Street SE $150.00 June 9, 2011
100 M Street SE 21st Street SE $150.00
101 M Street SE 25th Street SE $150.00
102 M Street SE 29th Street SE $150.00
15th Street
103 Market Street SW SW $250.00 2 person count
15th Street
104 O Street SW SW $250.00 2 person count
Lakeland Hills
105 Oravetz Road SE Way SE $150.00
Mill Pond
106 Oravetz Road SE Drive SE $150.00
15th Street
107 Perimeter Rd SW SW $250.00 2 person count
21 st Street
SE/Howard Rd
108 R Street SE SE $150.00
109 R Street SE 29th Street SE $150.00
37th Way
SE/41 st Street
110 R Street SE SE/ICON $150.00
Drivewa
Howard Road
111 R Street SE SE $150.00
R Street SE/Kersey Way Oravetz Road
112 SE SE $150.00
15th Street
113 SR 167 NB SW $250.00 2 person count
15th Street
114 SR 167 SB SW $250.00 2 person count
115 Sumner Ta s H 16th Street E $150.00
Lake Tapps
116 Sumner Ta s H Parkway $150.00
15th Street
117 West Valle H SW $250.00 2 person count
Peasley
118 West Valle H Canyon Rd $250.00 2 erson count
Additional Drivewa Locations for Turning Movement Counts
Some Driveway locations are listed with intersection above.
South Auburn
Driveways on A Street SE -17 locations
All driveways between 7 total; will collect
37th Street SE and 41st one of the
Street SE on both sides of locations with No.
road $300.00 75
All driveways between
41 st Street SE and 44th 5 total; one
Street SE on both sides of collected as the
road $150.00 4th le of No. 76
All driveways between
44th Street SE and the
White River Bridge on both
sides of road $300.00 5 total
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 B
FEE SCHEDULE
Turning. Movement Counts
2-hours, T technician $150.00 per location
2 hours, 2-technicians $250.00 per location
4 hours, 1-technician $300:00 per location
Driveway Locations $750:00 ` for 15 driveways
Authorized budget:
Task: $21,600
$21,600
i
CITY OF
T TR-( T~ Peter B. Lewis, Mayor 1
" ~►,-J 1JWAAS,JH l N GTON 25 West Main Street * Auburn WA 98001-4998 * www.auburnwa.gov * 2531-931-3000
I
May 16, 2011
Lynne Pihl
Traffic Count Consultants, Inc.
13623184 th Avenue Northeast
Woodinville, WA 98072
RE: Agreement No. AG-S-049
2011 Traffic Counts
Dear Ms. Pihl:
Enclosed is an executed copy of the above-referenced Agreement. This letter serves as
your Notice to Proceed. The not-to-exceed amount for this agreement is $21,600.00.
The agreement expires on December 31, 2011.
For the City's tracking and record keeping purposes, please reference AG-S-049 on all
invoices, correspondence, and related materials.
Should you have any questions, please contact me at 253-804-3120.
Sincerely,
i
Amber Mund
Engineering Aide
Department of Public Works
AM/ad
I
Enclosure
cc: Dani Daskam, City Clerk
Amber Mund, Project Manager
AG-C-049
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AUBURN* MORE THAN YOU IMAGINED