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HomeMy WebLinkAboutR-1992-D6183 Professional Services / Trafficount, Inc.RESOLUTION NO. D 6183 A RESOLUTION: authorizing the execution of an Agreement with Yakima Valley Conference of Governments and Trafficount, Inc. WHEREAS, in order to expedite development of a transportion model for the Yakima Metropolitan Area and to assist in development of the Yakima Metropolitan Area Comprehensive Plan, traffic counts need to be gathered; and WHEREAS, it is in the best interest of the City of Yakima to enter into the attached agreement for traffic counting services, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk are hereby authorized and directed to execute the attached "AGREEMENT FOR TRAFFIC COUNTING SERVICES" with Yakima Valley Conference of Governments and Trafficount, Inc. ADOPTED BY THE CITY COUNCIL this Zno day ofS 1992 ATTEST: Karen - Karen Roberts, City Clerk Patricia A. Berndt, Mayor AGREEMENT FOR TRAFFIC COUNTING SERVICES THIS AGREEMENT is entered into this /572 day of PJB .fieri , 1992, between the City of Yakima, whose address is 129 N.rth Second Street, Yakima, Washington (hereinafter "Yakima") and Yakima Valley Conference of Governments, whose address is 6 South Second Street, Yakima, Washington (hereinafter "COG") and Trafficount, Inc., a Washington Corporation, (hereinafter "Trafficount") . WHEREAS, in order to expedite development of a transportation model for the Yakima Metropolitan Area and to assist in development of the Yakima Metropolitan Area Comprehensive Plan, Yakima and COG need to gather P.M. Peak Hour traffic counts at various locations in and around Yakima; and WHEREAS, the parties hereto agree that Trafficount shall be responsible for gathering data at 104 locations for a total consideration not to exceed $15,000.00; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: 1. Contract Administration. Yakima agrees to administer and oversee implementation of the traffic counting services contemplated by this agreement. 2. Responsibilities of Trafficount. Trafficount shall, in accordance with all applicable standards of professional competence and care, conduct accurate traffic counts at all of the locations listed in Attachments A and D and in accordance with the specific standards set forth therein. All traffic counting information and data shall be delivered to the Yakima City Engineer in a written document that satisfies the format requirements established by the City Engineer. 3. Completion Date. Trafficount shall complete all of the services contemplated by this Agreement on or before November 25, 1992, unless all parties hereto agree in writing to extend the term of this Agreement. 4. Compensation. In consideration of the traffic counting services to be provided as set forth in Section 2 above and Trafficount's performance of all other terms and conditions of the Agreement, Yakima and COG agree to pay Trafficount for time expended and expenses incurred in a total fixed fee amount not to exceed $15,000.00 for all services and expenses. Yakima and COG shall have no obligation to pay for any services, costs, expenses, or amounts in excess of $15,000.00, except as provided in paragraph 6 below. -1- COG shall pay Trafficount $4,000.00 of the total consideration, and Yakima's obligation hereunder shall be limited to paying the remaining $11,000.00 to Trafficount. 5. Billing Procedures. Trafficount, Inc. shall submit written invoices for reimbursement of contracted activities to both Yakima and COG. The invoices shall itemize services rendered based on time expended, together with all expenses incurred. Payment will be made within 30 days after receipt of invoice in accordance with Section 4 of this Agreement. 6. Change Orders. If changes are made to the trafficount locations listed in Attachments A and D by written agreement of all parties hereto, then Trafficount shall be entitled to receive additional payment (beyond that provided for in paragraph 4) for any additional services rendered or expenses incurred in a total amount not to exceed $4,000.00. 7. Independent Contractor. It is agreed and understood that Trafficount is an independent contractor, and none of Trafficount's employees shall be considered an employee of the City. Trafficount and its employees shall make no claim of City employment or claim any related employment benefits from Yakima, including, but not limited, to medical benefits, social security, and retirement. Trafficount's employees shall not be subject to the control or direction of Yakima or COG officials/employees. 8. Integration. This written document constitutes the entire and exclusive Agreement between the parties hereto. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind any of the parties hereto. No changes or additions to this Agreement shall be valid or binding upon any party unless such change or addition be in writing and executed by all parties. 9. Indemnity. All contracted activities to be rendered or performed under this Agreement shall be performed or rendered entirely at Trafficount's own risk. Trafficount shall protect, defend, indemnify, and hold harmless Yakima and COG and all of their officers, agents, and employees, from any and all claims, lawsuits, liabilities, losses, damages (including reasonable attorneys fees and costs) arising out of, in connection with, or relating to this Agreement for the activities contemplated and to be performed under this Agreement. 10. Notices. All notices and demands shall be in writing .and sent to the parties hereto at their addresses as follows: -2- To Yakima: To COG: To Trafficount: City of Yakima ATTN: City Engineer 129 North 2nd Street Yakima, WA 98901 COG 6 South Second Street, Suite 605 Yakima, WA 98901 Trafficount, Inc. 9003 25th Avenue South Tacoma, WA 98409 or to such addresses as the parties may hereafter designate in writing. Notices and demands shall be sent by registered or certified mail, postage prepaid. Such notices shall be deemed effective when mailed or hand - delivered at the addresses specified above. 11. Litigation. In the event that any suit or action is instituted by either party to enforce compliance with or interpret any of the terms, covenants, or conditions of this Agreement, the prevailing party shall be entitled to collect, in addition to necessary court costs, such sums as the court may adjudge as reasonable attorney fees. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. IN WITNESS WHEREOF, said parties have caused this Agreement to be signed by the duly authorized officials on the day and year first above written. CITY OF YAKIMA, WASHINGTON YAKIMA VALLEY CONFERENCE OF GOVERNMENTS Richard A. Zais, Jr. City Manager ATTER T: Re -Y: C-._ Title: CITY CLERK 0TY CONTRACT RACT Eio. Q 2_- g 3 J I C,183 -3- TRAFFICOUNT, INC. By: __,Ze,'',-' Z,C7C--._ Its:/ i -4- ATTACHMENT A PAGE 1 Revised 8/5/92 CITY OF YAKIMA COUNT LOCATIONS to be completed by contracted services 1. Washington east of 40th Avenue 2. Nob Hill east of 40th Avenue 3. Tieton east of 40th Avenue 4. Chestnut east of 40th Avenue 5. Lincoln east of 40th Avenue 6. Powerhouse east of 40th Avenue 7. Fruitvale Blvd. east of 40th Avenue 8. Washington east of 16th Avenue 9. Mead east of 16th Avenue 10. Nob Hill east of 16th Avenue 11. Tieton Dr east of 16th Avenue 12. Yakima east of 16th Avenue 13. Summitview east of 16th Avenue 14. Lincoln east of 16th Avenue 15. Fruitvale east of 16th Avenue 16. 6th Avenue and Gordon 17. I Street west of Front (RXR) 18. Lincoln west of Front (RXR) 19. B Street west of Front (RXR) 20. Yakima west of Front (RXR) 21. Walnut west of Front (RXR) 22. Nob Hill west of RXR 23. Mead west of RXR 24. Washington west of RXR 25. Lincoln east of 6th Avenue 26. B Street east of 6th Avenue 27. Yakima east of 6th Avenue 28 Chestnut east of 6th Avenue 29. Walnut east of 6th Avenue 30. Tieton east of 6th Avenue 31. B Street east of 3rd Street 32. Lincoln east of 3rd Street 33. Yakima east of 3rd Street 34. Yakima Avenue west of I-82 35. Beech west of I-82 # of legs directions #lanes 3 2 2 2 5 2 4 2 2 2 4 2 2 2 4 2 4 2 2 2 5 2 4 2 4 2 4 2 4 2 5 6 2 2 2 1 3 1 3 2 5 2 5 2 4 2 4 2 4 1 3 1 3 2 4 2 2 2 4 2 4 1 3 1 3 2 4 2 4 2 2 36. Nob Hill west of I-82 37. 1st Street south of Washington 38. 48th Avenue north of Nob Hill 39. 40th Avenue north of Nob Hill 40. 16th Avenue north of Nob Hill 41. 3rd Avenue north of Nob Hill 42. 1st Street North of Nob Hill 43. 10th Street north of Nob Hill 44. 18th Street north of Nob Hill 45. 3rd Avenue south of Division 46. 1st Street north of Race 47. 3rd Street north of Race 48. 6th Street north of Race 49. 10th Street north of Race 50. 16th Avenue north of Summitview 51. Pierce north of Summitview 52. 5th Avenue north of Yakima 53. 3rd Avenue north of Yakima 54. 1st Street north of Yakima 55. 3rd Street north of Yakima 56. 6th Street north of Yakima 57. 8th Street north of Yakima 58. Birchfield and SR24 59. Postma Rd and SR24 60. Roza Hill Dr east of 41st Avenue 61. S 1st St south of Southern Ave. (selah) 62. Gore Rd. North of McGonagle 63. Englewood east of 74th Ave 64. Tieton Dr west of Pear 65. Ahtanum east of Wiley 66. Ahtanum west of RXR 67. Main St south of Washington St (union gap) scrnln2 4 4 PAGE 2 2 4 2 5 2 2 2 4 2 4 2 4 2 5 2 2 2 2 2 2 2 5 2 2 2 2 2 2 2 4 2 2 2 4 2 4 2 5 2 4 2 2 2 4 8 2 8 2 2 4 2 4 2 2 2 2 2 2 2 2 2 4 2 4 ATTACHMENT D Revised 8-5-92 YVCOG Count locations to be completed by contracted services # of legs directions 1. Hwy 24 east of Moxee (external) 4 8 2. Keys Rd. and Hwy 24 3 6 3. 18th Street south of Terrace Hts Dr. 2 4. Konnowac Pass Rd. north of Moxee Dump Rd 2 5. Thorp Rd. at Century Landing 2 6. I-82/97 north of Selah (external) unk 7. 821 (external) 2 8. East Selah Rd south of Traning Cntr (lines up w/ Fremont) 2 9. I-82/97 between E. Selah Exit & Training Cntr Exit 2 10. Wenas Rd north of Fremont 2 11. N. 1st Street north of Fremont 2 12. N. 1st Street and Fremont 4 2 13. Naches and N 1st Street 4 2 14. Speyers Rd north of Fremont 2 15. Old Naches and SR 12 4 8 16. SR 12 and McCormick Rd 4 8 17. Rosenkranz Rd and Naches-Tieton Rd 4 8 18. Jct of Summitview Rd, Forney/Hiland and Danner/Old Cowiche unk unk 19. SR 12 and S Naches Rd 4 8 20. Summitview east of Summitview Ext 2 21. Summitview east of 72nd Ave 2 22. Nob Hill east of 72nd Ave 2 23. SR 12 east of 40th Ave 2 24. Valley Mall Blvd west of I-82 2 25. 72nd Ave south of Washington 2 26. 64th Ave south of Washington 2 27. 80th Ave north of Nob Hill 2 28. 72nd Ave north of Nob Hill 2 29. 64th Ave north of Nob Hill 2 30. SR 12/40th Ave/Fruitvale all ramps and legs 31. SR 12 and 16th Ave all ramps 32. SR 12/ 1st St. /I-82/97 all ramps 33. I-82/Yakima Ave all ramps 34. I-82/Nob Hill Blvd/SR 24 all ramps 35. I-82/Valley Mall Blvd all ramps 36. I-82/SR 12 2 37. 97 South of Union Gap 2