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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 i i I~ i i I i I AUBURN* MORE THAN YOU IMAGINED