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HomeMy WebLinkAboutPTV America Inc AG-S-017~~~ ~ ~ CITY OF AUBURN AGREEMENT FOR SERVICES AG-S-017 THIS AGREEMENT made and entered into on this ~ day of ;r~~:E'~=~`'`~, 20~, by and between the City of Auburn, a municipal corporation of the 5t e of Washi gton, hereinafter referred to as "City" and PTV America Inc PO Box 1850 Va on, WA 98070- 1850, hereinafter referred to as the "Provider." WITNESSETH: WHEREAS, the City is in need of the services of individuals, employees or firms for traffic modeling; 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: 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-017 January 5, 2007 Page 1 of 8 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. 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 AG-S-017 January 5, 2007 Page 2 of 8 Agreement number must appear on all invoices submitted. The not-to-exceed amount for this agreement is $46,265.00. 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, 2007. 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. 1 I . 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 Robert M. Shull, 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 Joe Welsh Transportation Planner 25 W Main St Auburn, WA 98001-4998 Phone: 253.804.5050 Fax: 253.931.3053 E-mail: jwelsh@auburnwa.gov PTV America, Inc. Robert M. Shull Vice President PO BOX 1850 Vashon, WA 98070 Phone: 206.463.3768 Fax: 206.463.5055 E-mail: rshull@ptvamerica.com AG-S-017 January 5, 2007 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 O1 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 O1 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 O1 and Additional Insured-Completed Operations endorsement CG 20 37 10 O1 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-017 January 5, 2007 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 RAW, 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. Assi ng ment. 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-017 January 5, 2007 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 PrevailingPart~ 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 AG-S-017 January 5, 2007 Page 6 of 8 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. AG-S-017 January 5, 2007 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 ~--,~ J '. ~~ Peter B. Lewis, Mayor Attest: Danielle Daskam City Clerk PTV AMERICA, INC. ~ // Signature Name: ,~~~~~ /'~, S~/E~r%~ Title: V !C L ~ ~~,~ c.~ P' ~~ Signature Name: y~~e~/2 ~. ~p(,(/ZT~tJL~I Title: __s~ ~2~v~ z AG-S-017 January 5, 2007 Page 8 of 8 EXHIBIT A SCOPE OF WORK The tasks proposed for this project are described in detail in approximate order of completion. The documentation task is described at the end of this section. However, this task is intended to be ongoing throughout the project. It is anticipated that we will work closely with City of Auburn staff to maximize the technology transfer and to insure that staff provides input on and is aware of all model assumptions. Training is not explicit in the tasks, but it is assumed that City Staff will be involved in constructing the model and thus this includes informal training. Develop Model Parameters Document Model Goals -The goals of the revised model will be discussed with City of Auburn staff and documented so there is a clear understanding of the future and desired uses of the model. These are currently understood to model the City of Auburn, Washington and the surrounding area to include major route choice points. The goals include adding trucks, intersection detail for HCM analysis, and update of the calibration. The primary focus is on PM peak hour operation. Establish Model Parameters -The model parameters used in the TMODEL model of Auburn will be replicated in VISUM for initial efforts. Depending upon future model goals as discussed with City Staff, these parameters may be revised. Elements of the PSRC, Kent, and Pierce County models will be reviewed for data sharing and compatibility. The network for the current model will be reviewed and additional facilities to be included will be specified. Expected long range growth areas will be examined for adding additional detail to the model area. A working document will be developed that outlines the data to be collected by City of Auburn and the schedule for the collection. This document will also document the preliminary model variables and parameters. Variables and parameters will be defined for the network and land use/socioeconomic variables. Field review will be conducted as needed in conjunction with coordination meetings. Develop New Model A new updated model will be developed. This includes both importing and enhancing the existing model. This effort will use the current Auburn model data and update it to a 2006 calibration year as well as incorporate intersection capacity analysis. The 2005 City of Auburn TModel will be imported into VISUM as a basis for development of the new model. This will include importing and registering TAZ (Traffic Analysis Zone) boundary files from the City and PSRC. Other available ESRI format Exhibit A Agreement No. AG-S-017 Page 1 of 5 Shapefiles for background information such as City boundaries, roads with names, etc. will be imported. The network will be registered with the current GIS projection for the City of Auburn. A sample of this converted model is shown below: ',k,~I N9B~518.39tt '1219t6:k345 Create Network Model Files -The Navteq data files will be used as the basis for this model. This network data source is what is used for on-board and off-board navigation by users such as Google maps, Mapquest, etc. These include the road names, road geometries, number of lanes, turn restrictions, etc. and have formed the basis of most newer models in North America and Europe. Also included are Points of Interest (POI's) for airports, canals, golf courses, parks, etc. for use in modeling as well as communicating to the public. Additional GIS Layers from the City of Auburn, PSRC, and other agencies can also be imported and registered with the coordinate system. Update/Enhance Network -Plots of existing network attributes and attributes to be collected will be made for data collection by City of Auburn using the imported model. . After review and correction by City of Auburn, PTV staff will enter the network modifications into VISUM. This may optionally be done by City of Auburn staff with direction and assistance of PTV staff as a training exercise. Code Intersections -Intersection geometry and timing detail will be added for use in intersection Level of Service analysis. For budget purposes, it is estimated that these enhancements will be made at up to 60 intersections. These enhancements will also be useful for future micro-simulation using the current model and forecasts. Exhibit A Agreement No. AG-S-017 Page 2 of 5 _.,a,. Code Transit Routes -Coding of transit routes is not included in this scope of work. Update TAZ Structure -The current City of Auburn model Traffic Analysis Zone (TAZ) structure will be used as the basis for the update of the TAZ structure for the updated City of Auburn model. All TAZ's will aggregate to PSRC TAZ's. The TAZ structure will be developed using natural boundaries, access restrictions, census block groups, and the model network as a basis. PTV staff will develop and digitize the TAZ structure and centroid connectors. These will be submitted to City of Auburn for review. Revisions will be made as necessary. The TAZ file in shapefile (.shp) file format will be submitted to City of Auburn for land use data disaggregation from the PSRC TAZ structure and to make refinements as necessary. Enter Traffic Count Information -Traffic count data supplied by City of Auburn will be entered into the model. Any other updated volume counts on adjacent City, County, and State facilities should be collected by City of Auburn and supplied to PTV. Compile and Enter Land Use/Socioeconomic Data -Formats for land use disaggregation to the TAZ structure and data collection will be supplied to City of Auburn. The land use/-socioeconomic variables will be defined in an earlier task and will be consistent with PSRC and adjacent city models. This data should be for the same year as the traffic count and network conditions data. Data should be supplied to PTV electronically, either in shapefile (.shp) files or excel files for entry into the model. These same formats should be used for the forecast years. Develop Revised MPA Equivalencies -PTV staff will develop and plot the MPA (Multi- PointAssignment) equivalencies and load points. These will be reviewed and revised on the plot by City of Auburn staff. These will be used in the model to insure the access points for each zone are properly represented and modeled. These are especially important for the turning movement outputs and subsequent intersection analysis. Recommend/Revise Trip Generation Rates -PTV America will use the 2000 PUMS data set to disaggregate the TAZ household data for use in trip generation. The trip generation strategy will be consistent with the PSRC cross-classification trip generation methodology. Trip generation rates may be revised during the actual calibration according to the results of the calibration runs. Evaluate External Trip Characteristics -The external traffic counts, PSRC model, and previous Auburn model will be used as the starting place for the evaluation and updating of external traffic. The existing external-external (X-X) traffic volumes will be evaluated and reviewed with City of Auburn staff. The consultant team will develop appropriate internal-external origins and destinations by trip types and develop a through trip table using data developed from the previous modeling efforts and update this during calibration. Exhibit A Agreement No. AG-S-017 Page 3 of 5 Mode Split -Mode split is not in the scope of this model. However, Park and Ride lots will be included as land use zones so the vehicle traffic volumes originating and terminating at these locations will be included in the model. CalibrationNalidation -PTV personnel will work in conjunction with City of Auburn staff to recalibrate the model. It is expected that the calibration process will be conducted iteratively so that City of Auburn staff are familiar with the process and the adjustments that are made during the process. Vehicle assignment volumes on all screenlines and links will match base-date adjusted ground counts within limits imposed by graphs on allowable screenline calibration errors and allowable link calibration errors in NCHRP 255 (pp 41, 49). • All data and assumptions will be quantified and coded for modeling. • A distribution and assignment will be run. • Resulting volume assignments will be compared against screenline and link volume ground data. Passenger counts will be compared with ridership data. • Volumes and ridership which are not sufficiently well modeled will be analyzed for possible data or assumption errors. • Solutions will be recoded into the network, land-use, and/or traveler behavioral function coefficients. • Justifications for alterations will be documented. • The process will be repeated until calibration accuracies are achieved. The budget presented in the cost section assumes calibration for one selected peak hour. Traffic Forecasts -This proposal includes tasks to provide traffic forecasts for three future scenarios for each of two forecast horizon years. The efforts for the forecasts include the following tasks: • Disaggregate PSRC forecast land use data for the City of Auburn TAZ's. • Provide compiled forecast land use to City of Auburn for checking and adjustment. • Generate future trips. • Collect growth rates from City of Auburn and PSRC model for external zones. Adjust the external zones. for the proper forecast year, including through, external-internal and internal-external trips. Submit to City of Auburn for review. • Code the assumed network modifications for each scenario. • Run the model for each scenario. • Provide plots showing volumes, link v/c ratios, and average model intersection delay. Exhibit A Agreement No. AG-S-017 Page 4 of 5 • Make NCHRP 255 adjustments to forecast turning volumes at up to 60 intersections and provide HCM Level of Service (LOS) forecasts for these intersections. • Provide summary statistics including Total Trips, VMT (Vehicle Miles of Travel), VHT (Vehicle Hours of Travel), Average Speed, Lane Miles, Capacity Miles Available, and average Volume/Capacity ratio. • Document the improvements made and the assumptions for the forecast year adjustments. In addition, preliminary forecast runs may be performed during the calibration process to insure that the model is working right for the right reasons, not simply due to compensating base year errors. Documentation -The model and the modeling process will be documented and all quantification of assumptions will be summarized. Documentation provided will allow a knowledgeable VISUM modeler to repeat all the processes undertaken and to run alternative scenarios based on the information it contains along with the set of computer files. A draft report summarizing the model will be prepared and delivered to City of Auburn. After review, revisions will be incorporated for the final report. Meetings and Administration - A kickoff meeting will be held for the development of the model parameters and structure. The field review will be conducted during this trip. Another meeting will be held when the model calibration is to be reviewed. A final meeting will be conducted to present the model and forecasts. Travel time is included in this budget item. Exhibit A Agreement No. AG-S-017 Page5of5 EXHIBIT B BUDGET The proposed budget for this project is presented in the following spreadsheet titled "City of Auburn Model Estimated Level of Effort -October 79, 2006". Work will be billed monthly based upon time and materials with a budget not to exceed of $46,265 including software and consulting services. This budget includes one license for PTV Vision VISUM Base which includes all functions for travel demand forecasting and intersection capacity analysis. This includes one year of maintenance including all updates and technical support. After the first year, the maintenance cost for the software is 15% of list price (currently $5000), or $750 per year. Some minor readjustment between the table categories may occur during the project. The maximum budget will only be revised upon mutual agreement of both PTV America, Inc. and the City of Auburn based upon changes in scope. Exhibit B Agreement No. AG-S-017 Page 1 of 2 City of Auburn Model Estimated Level of Effort -October 19, 2006 Project Est. Task Principal Manager Associate Total Hrs. Cost Update Model Parameters Document Model Goals 2 4 0 6 $ 914 Field Review (as needed) 4 8 0 12 $ 1,828 Develop Model Create Network Model Files 1 2 4 7 $ 757 Update/Enhance Network 4 4 24 32 $ 3,156 Code Intersections 1 4 16 21 $ 1,893 Code Transit Routes 0 0 0 0 $ -- Develop TAZ Structure 1 2 12 15 $ 1,357 Enter Traffic Counts 1 2 12 15 $ 1,357 Enter Socioeconomic Data 4 4 4 12 $ 1,656 Develop MPA Equivalencies 1 2 12 15 $ 1,357 Trip Generation 2 6 2 10 $ 1,300 Externals Trips 2 4 2 8 $ 1,064 Mode Split 0 0 0 0 $ -- Calibration/Validation 4 24 8 36 $ 4,316 Forecasts (3 Networks - 2 Years) Compile Land Use 2 4 4 10 $ 1,214 Code/Review Networks 4 6 18 28 $ 2,942 Provide Runs/Summaries/Plots 6 10 12 28 $ 3,406 Provide Intersection LOS 4 6 12 22 $ 2,492 Documentation/Admin Documentation 4 8 12 24 $ 2,728 Administration 4 4 $ 884 Meetings/Presentations 16 16 4 36 $ 5,724 Total Labor 67 116 158 341 $40,345 Estimated Direct Expenses $ 500 Total $40,845 Software - VISUM Base $ 5,000 Tax $ 420 Total Software $ 5,420 Total Estimate $ 46,265 Exhibit B Agreement No. AG-S-017 Page 2 of 2 AMENDMENT #1 TO SERVICE AGREEMENT NO. AG-S-017-08 BETWEEN THE CITY OF AUBURN AND PTV AMERICA, INC. RELATING TO DEVELOPMENT OF NEW TRANSPORTATION MODELING SOFTWARE THIS AMENDMENT is made and entered into this J-O day of , 2008, by and between the CITY OF AUBURN, a municipal corporation of the State of Washington (hereinafter referred to as the "CITY"), and PN America, Inc. (hereinafter referred to as the "PROVIDER"), as an Amendment to the Service Agreement between the parties for AG-S-017- 08 executed on the 30th day of May, 2008. 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: Additional modeling work for the Comprehensive Transportation Plan update as well as future public projects, including but not limited to, the M Street Grade Separation, potential Lea Hill roundabout, and Auburn Avenue Corridor traffic flow analysis. 3. COMPENSATION: The amount of this amendment is $15,000.00, increasing the agreement amount to a total of $39,000.00. REMAINING TERMS UNCHANGED: That all other provisions of the Agreement between the parties for AG-S-017-08 executed on the 30th day of May, 2008, 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. PTV AMERIC INC. CI F ~ By: Robe Shull VP, PTV America, Inc. Authorized signature Peter B. Lewis, Mayor ATTEST (Optional): ATTEST: By: Its: Da ' Ile E. Daskam, Auburn City Clerk Approved as to form (Optional): Approved as to form: Amendment No. 1 for Agreement No. AG-S-017-08 PTV America, Inc. Page 1 of 2 Attorney for (Other Party) Amendment No. 1 for Agreement No. AG-S-017-08 PTV America, Inc. Page 2 of 2 D nie B. Heid, burn Ci rney