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Home My WebLink About12-009 - Traffic Data Gathering - City-Wide Traffic Counting12-009(a) Council Approval N/A SUPPLEMENTAL AGREEMENT NUMBER 1 TO CONSULTANT AGREEMENT NUMBER 12 -009 (a) THIS SUPPLEMENTAL AGREEMENT is entered into between the City of Tukwila, Washington, herein -after referred to as "the City ", and Traffic Data Gathering, hereinafter referred to as "the Consultant ", in consideration of the mutual benefits, terms, and conditions hereinafter specified. The City desires to supplement the agreement entered into with the Consultant and executed on, January 25, 2012 and identified as Agreement No. 12 -009. All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: 1. Scope of Services, is hereby changed to include one additional 24 hour machine traffic count. 2. Payment, shall be amended as follows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $180.00 without express written modification of the Agreement signed by the City. The maximum amount payable under this agreement as supplemented inclusive of all fees and other costs is now $7,110.00. DATED this _21st day of December , 2012 CITY OF TUKWILA CONSULTANT Printed Name: Carla F Nasr Title: Owner Sid 04 Attachment "B" City of Tukwila 2012 City -Wide Traffic Counts Program 17- Jan -12 Fee Schedule Item # Description Quantity Unit Unit Cost Total Cost A Control Counts at 12 locations, 24 -hr dual direction 12 Month $ 540 $ 6,480 B Cordon Counts at 9 locations, 7 -day Counts 1 LS $ 500 $ 500 C Intersection Counts, 24 -hr dual direction counts* Varies Per Counter $ 130 D 24 -Hr Machine Counts, dual direction* 1 Per Counter $ 130 $ 130 E Manual Counts, 2 -hr peak period counts ** Varies Per Counter $ 70 F 24 -hr Speed Studies (dual direction) * ** Varies Person /hour $ 525 G 24 -hr Classification Studies (dual direction) * ** Varies Per Location $ 525 Total for Items A, B & D $ 7,110 *: For counts longer than 24 hours, each additional day w II be charged at $70 /counter. *: Manual Counts conducted on weekends and legal holidays will be charged at an overtime hourly rate of $105 /person * * *: For surveys longer than 24 hours, each additional day will be charged at $260 Per location (dual direction). Traffic Data Gathering Confidential 12/21/2012 12-009 Council Approval NIA CONSULTANT AGREEMENT FOR CITY -WIDE TRAFFIC COUNTING SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, herein -after referred to as "the City and Traffic Data Gathering hereinafter referred to as "the Consultant in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the City to perform Traffic Counting and Data Collection services in connection with the project titled 2012 Citv -Wide Traffic Counts. 2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. 3. Time for Performance. Work under this contract shall commence upon the giving of written notice by the City to the Consultant to proceed. The Consultant shall perform all services and provide all work product required pursuant to this Agreement by December 31, 2012, unless an extension of such time is granted in writing by the City. 4. Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $6.980.00 without express written modification of the Agreement signed by the City. B. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for that portion of the project completed to date. Such vouchers will be checked by the City and, upon approval thereof, payment shall be made to the Consultant in the amount approved. C. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. D. Payment is provided in this section shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. E. The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and state for a period of three (3) years after final payments. Copies shall be made available upon request. .2 e �lglG 11V —e--S 5. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with the Consultant's endeavors. The Consultant shall not be responsible for any use of the said documents, drawings, specifications or other materials by the City on any project other than the project specified in this Agreement. 6. Compliance with Laws. The Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services to be rendered under this Agreement. 7. Indemnification. The Consultant shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any negligent act, omission or failure of the Consultant, its officers, agents and employees, in performing the work required by this Agreement. With respect to the perform- ance of this Agreement and as to claims against the City, its officers, agents and employees, the Consultant expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Consultant. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Consultant, its officers, agents and employees. 8. Insurance. The Consultant shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance, with a minimum coverage of $500,000 per occurrence and $1,000,000 aggregate for personal injury; and $500,000 per occurrence/ aggregate for property damage, and professional liability insurance in the amount of $1,000,000 per occurrence and annual aggregrate. Said general liability policy shall name the City of Tukwila as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this Agreement. 9. Independent Contractor. The Consultant and the City agree that the Consultant is an inde- pendent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither the Consultant nor any employee of the Consultant shall 0 be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. 10. Covenant Against Contingent Fees. The Consultant warrants that they have not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that they have not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the City shall have the right to annul this contract without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 12. Assignment. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 13. Non Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 14. Termination. A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Consultant. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses: 15. Attorneys Fees and Costs. In the event either party shall bring suit against the other to enforce any provision of this Agreement, the prevailing party in such suit shall be entitled to recover its costs, including reasonable attorney's fees, incurred in such suit from the losing party. 3 16. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: Traffic Data Gatheriniz 1141013 1h Street SE Lake Stevens. WA 98258 17. Integrated Agreement. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. This Agreement may be amended only by written instrument signed by both the City and the Consultant. DATED this day of CITY OF TUKWILA Jim&rton, M cimeoset 20 12- 0 a CONSULTANT By: Q Printed Name: (2a r (Q F Title: nwrLex Attest/Authenticated: Christy O'Flaherty, CMC, City Clerk Approved as to Form: Office of the City Attorney 0 ATTACHMENT "A" 2012 TUKWILA TRAFFIC COUNT TABULATION CORDON ANALYSIS (10 locations one time only 7 day count Thanksgiving week, Nov. 18 —Nov. 24, 2012) S -Line Bridge (61 st Avenue Bridge) I -405 NB On -Ramp from Tukwila Parkway T -Line Bridge (Christensen Road Bridge) Strander Boulevard w/o West Valley Highway (SR 18 1) S 180th St w/o West Valley Highway (SR 18 1) Andover Park West s/o S 180th St Southcenter Parkway /57th s/o S 180th St S 178th St w/o Southcenter Parkway I -5 Off -Ramp to Southcenter Parkway Klickitat Drive I -5 overpass CONTROL COUNTS (Monthly 24 -hour weekday 12 locations Typical Thursday of 2nd week fall back of Thursday in 3rd week) Klickitat Drive w/o 53rd Avenue S 17000 Southcenter Parkway near Bon Warehouse Southcenter Boulevard between Denny's and S -Line Bridge Andover Park West s/o Strander Boulevard S 180th St e/o Sperry Drive Interurban Avenue n/o Fort Dent Way Interurban Avenue s/o 42nd Avenue S East Marginal Way s/o S 126th St East Marginal Way s/o S 96th PI Pacific Highway South n/o S 139th St West Valley Highway n/o Strander Boulevard Boeing Access Road w/o I -5 SB Off -Ramp Note: Recounts due to counter failure, hose failure, or vandalism are provided to the City at no cost. 5 Attachment "B" City of Tukwila 2012 City -Wide Traffic Counts Program 17- Jan -12 Fee Schedule Item Description (Quantity Unit jUnit Cost Total Cost A Control Counts at 12 locations, 24 -hr dual direction 12 Month 540 6,480 B Cordon Counts at 9 locations, 7 -day Counts 1 LS 500 500 C Intersection Counts, 24 -hr dual direction counts* Varies Per Counter 130 D 24 -Hr Machine Counts, dual direction* Varies Per Counter 130 E Manual Counts, 2 -hr peak period counts Varies Person /hour 70 F 24 -hr Speed Studies (dual direction) Varies Per Location 525 G 24 -hr Classification Studies (dual direction) Varies Per Location 525 Total for Items A B 6,980 For counts longer than 24 hours, each additional day will be charged at $70 /counter. Manual Counts conducted on weekends and legal holidays will be charged at an overtime hourly rate of $105 /person For surveys longer than 24 hours, each additional day will be charged at $260 Per location (dual direction). Traffic Data Gathering Confidential 1/18/2012