HomeMy WebLinkAboutC2020-060 - Field Data Services of AZ Contract No.2020-060
COOPERATIVE PURCHASING AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
FIELD DATA SERVICES OF ARIZONA,INC.
THIS COOPERATIVE PURCHASING AGREEMENT(this"Agreement")is entered into
as of January 6,2020,between the Town of Fountain Hills,an Arizona municipal corporation(the
"Town"), and Field Data Services of Arizona, Inc. an Arizona corporation (the"Contractor").
RECITALS
A. After a competitive procurement process,the City of Mesa(the"City")entered into
Contract No. 2016183 (the "City Contract"), for the Contractor to provide traffic count services.
A copy of the City Contract is on file with the Town and is incorporated herein by reference as
Exhibit A.
B. The Town is permitted, pursuant to Section 3-3-27 of the Town Code, to make
purchases under the City Contract, at its discretion and with the agreement of the awarded
Contractor,and the City Contract permits its cooperative use by other public entities,including the
Town.
C. The Town and the Contractor desire to enter into this Agreement for the purpose of
(i) acknowledging their cooperative contractual relationship under the City Contract and this
Agreement, (ii) establishing the terms and conditions by which the Contractor may provide
necessary staff, services and associated resources to provide the Town with traffic counting
services (the "Materials and Services"), and (iii) setting the maximum aggregate amount to be
expended pursuant to this Agreement related to the Materials and Services.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which
are incorporated herein by reference, the following mutual covenants and conditions, and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the Town and the Contractor hereby agree as follows:
1. Term of Agreement. This Agreement shall be effective as of the date first set forth
above and shall remain in full force and effect until June 30, 2020 (the "Initial Term"), unless
terminated as otherwise provided in this Agreement or the City Contract. After the expiration of
the Initial Term, this Agreement may be renewed for up to one (1) successive one-year term
("Renewal Term") if: (i) it is deemed in the best interests of the Town, subject to availability and
appropriation of funds for renewal in the subsequent year, (ii) the term of the City Contract has
not expired or has been extended, (iii)at least 30 days prior to the end of the then-current term of
this Agreement, the Contractor requests, in writing, to extend this Agreement for an additional
one-year term and (iv) the Town approves the additional one-year term in writing (including any
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price adjustments approved as part of the City Contract), as evidenced by the Town Manager's
signature thereon,which approval may be withheld by the Town for any reason. The Contractor's
failure to seek a renewal of this Agreement shall cause this Agreement to terminate at the end of
the then-current term of this Agreement; provided, however, that the Town may, at its discretion
and with the agreement of the Contractor, elect to waive this requirement and renew this
Agreement. The Initial Term and any Renewal Term(s) are collectively referred to herein as the
"Term."Upon renewal,the terms and conditions of this Agreement shall remain in full force and
effect.
2. Scope of Work. This is an indefinite quantity and indefinite delivery Agreement
for Materials and Services under the terms and conditions of the City Contract. The Town does
not guarantee any minimum or maximum number of purchases will be made pursuant to this
Agreement.Purchases will be made only when the Town identifies a need and proper authorization
and documentation have been approved.For purchase(s)determined by the Town to be appropriate
for this Agreement, the Contractor shall provide the specific Materials and Services to the Town
in such quantities and configurations agreed upon between the parties, in a written invoice,quote,
materials order or other form of written agreement describing the materials to be delivered (each,
a"Materials Order").Each Materials Order shall (i)contain a reference to this Agreement and the
City Contract and (ii) be attached hereto as Exhibit B and incorporated herein by reference. A
Materials Order submitted without referencing this Agreement and the City Contract will be
subject to rejection. Contractor acknowledges and agrees that a Materials Order containing
unauthorized exceptions, conditions, limitations, or provisions in conflict with the terms of this
Agreement, other than Town's project-specific requirements, is hereby expressly declared void
and shall be of no force and effect.
2.1 Inspection; Acceptance. All Materials and Services are subject to final
inspection and acceptance by the Town. Materials failing to conform to the requirements of this
Agreement and/or the City Contract will be held at Contractor's risk and may be returned to the
Contractor. If so returned,all costs are the responsibility of the Contractor. Upon discovery of non-
conforming Materials or Services,the Town may elect to do any or all of the following by written
notice to the Contractor: (i) waive the non-conformance; (ii) stop the work immediately; or (iii)
bring Materials or Services into compliance and withhold the cost of same from any payments due
to the Contractor.
2.2 Cancellation. The Town reserves the right to cancel any work order within
a reasonable time after issuance. Should a work order be canceled, the Town agrees to reimburse
the Contractor, but only for actual and documentable costs incurred by the Contractor due to and
after issuance of the work order.The Town will not reimburse the Contractor for any costs incurred
after receipt of the Town notice of cancellation, or for lost profits, shipment of product prior to
issuance of a work order or for anything not expressly permitted pursuant to this Agreement.
3. Compensation. The Town shall pay the Contractor an amount not to exceed
$40,000.00 during the Initial Term of the Agreement for the Materials and Services at the rates set
forth in the City Contract. The aggregate not-to-exceed amount, inclusive of all Renewal Terms,
shall not exceed $40,000.00.
4. Payments.The Town shall pay the Contractor monthly,based upon acceptance and
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delivery of Materials and/or Services performed and completed to date, and upon submission and
approval of invoices. Each invoice shall (i) contain a reference to this Agreement and the City
Contract and (ii) document and itemize all work completed to date. The invoice statement shall
include a record of materials delivered,time expended, and work performed in sufficient detail to
justify payment.Additionally,invoices submitted without referencing this Agreement and the City
Contract will be subject to rejection and may be returned.
5. Records and Audit Rights.To ensure that the Contractor and its subcontractors are
complying with the warranty under Section 6 below, Contractor's and its subcontractors' books,
records, correspondence, accounting procedures and practices, and any other supporting evidence
relating to this Agreement, including the papers of any Contractor and its subcontractors'
employees who perform any work or services pursuant to this Agreement (all of the foregoing
hereinafter referred to as "Records"), shall be open to inspection and subject to audit and/or
reproduction during normal working hours by the Town, to the extent necessary to adequately
permit evaluation of the Contractor's and its subcontractors' compliance with the Arizona
employer sanctions laws referenced in Section 6 below. To the extent necessary for the Town to
audit Records as set forth in this Section,Contractor and its subcontractors hereby waive any rights
to keep such Records confidential. For the purpose of evaluating or verifying such actual or
claimed costs or units expended,the Town shall have access to said Records, even if located at its
subcontractors' facilities, from the effective date of this Agreement for the duration of the work
and until three years after the date of final payment by the Town to Contractor pursuant to this
Agreement. Contractor and its subcontractors shall provide the Town with adequate and
appropriate workspace so that the Town can conduct audits in compliance with the provisions of
this Section. The Town shall give Contractor or its subcontractors reasonable advance notice of
intended audits. Contractor shall require its subcontractors to comply with the provisions of this
Section by insertion of the requirements hereof in any subcontract pursuant to this Agreement.
6. E-verify Requirements. To the extent applicable under ARIZ. REV. STAT. § 41-
4401,the Contractor and its subcontractors warrant compliance with all federal immigration laws
and regulations that relate to their employees and their compliance with the E-verify requirements
under ARIz. REV. STAT. § 23-214(A). Contractor's or its subcontractors' failure to comply with
such warranty shall be deemed a material breach of this Agreement and may result in the
termination of this Agreement by the Town.
7. Israel. Contractor certifies that it is not currently engaged in and agrees for the
duration of this Agreement that it will not engage in a"boycott," as that term is defined in ARiz.
REV. STAT. § 35-393, of Israel.
8. Conflict of Interest. This Agreement may be canceled by the Town pursuant to
ARIZ.REV.STAT. § 38-511.
9. Applicable Law;Venue.This Agreement shall be governed by the laws of the State
of Arizona and a suit pertaining to this Agreement may be brought only in courts in Maricopa
County,Arizona.
10. Agreement Subject to Appropriation. The Town is obligated only to pay its
obligations set forth in this Agreement as may lawfully be made from funds appropriated and
budgeted for that purpose during the Town's then current fiscal year. The Town's obligations
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under this Agreement are current expenses subject to the "budget law" and the unfettered
legislative discretion of the Town concerning budgeted purposes and appropriation of funds.
Should the Town elect not to appropriate and budget funds to pay its Agreement obligations,this
Agreement shall be deemed terminated at the end of the then-current fiscal year term for which
such funds were appropriated and budgeted for such purpose and the Town shall be relieved of
any subsequent obligation under this Agreement.The parties agree that the Town has no obligation
or duty of good faith to budget or appropriate the payment of the Town's obligations set forth in
this Agreement in any budget in any fiscal year other than the fiscal year in which this Agreement
is executed and delivered. The Town shall be the sole judge and authority in determining the
availability of funds for its obligations under this Agreement. The Town shall keep Contractor
informed as to the availability of funds for this Agreement. The obligation of the Town to make
any payment pursuant to this Agreement is not a general obligation or indebtedness of the Town.
Contractor hereby waives any and all rights to bring any claim against the Town from or relating
in any way to the Town's termination of this Agreement pursuant to this section.
11. Conflicting Terms. In the event of any inconsistency, conflict or ambiguity among
the terms of this Agreement, the City Contract, and invoices, the documents shall govern in the
order listed herein. Notwithstanding the foregoing, and in conformity with Section 2 above,
unauthorized exceptions, conditions, limitations or provisions in conflict with the terms of this
Agreement or the City Contract (collectively, the "Unauthorized Conditions"), other than the
Town's project-specific requirements, are expressly declared void and shall be of no force and
effect. Acceptance by the Town of any work order or invoice containing any such Unauthorized
Conditions or failure to demand full compliance with the terms and conditions set forth in this
Agreement or under the City Contract shall not alter such terms and conditions or relieve
Contractor from, nor be construed or deemed a waiver of, its requirements and obligations in the
performance of this Agreement.
12. Rights and Privileges. To the extent provided under the City Contract, the Town
shall be afforded all of the rights and privileges afforded to the City and shall be the "City" (as
defined in the City Contract) for the purposes of the portions of the City Contract that are
incorporated herein by reference.
13. Indemnification; Insurance.In addition to and in no way limiting the provisions set
forth in Section 12 above, the Town shall be afforded all of the insurance coverage and
indemnifications afforded to the City to the extent provided under the City Contract, and such
insurance coverage and indemnifications shall inure and apply with equal effect to the Town under
this Agreement including, but not limited to, the Contractor's obligation to provide the
indemnification and insurance. In any event, the Contractor shall indemnify, defend and hold
harmless the Town and each council member, officer, employee or agent thereof(the Town and
any such person being herein called an "Indemnified Party"), for, from and against any and all
losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable
attorneys' fees,court costs and the costs of appellate proceedings)to which any such Indemnified
Party may become subject, under any theory of liability whatsoever ("Claims"), insofar as such
Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the
negligent acts, intentional misconduct, errors,mistakes or omissions, in connection with the work
or services of the Contractor, its officers, employees, agents, or any tier of subcontractor in the
performance of this Agreement.
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14. Notices and Requests.Any notice or other communication required or permitted to
be given under this Agreement shall be in writing and shall be deemed to have been duly given if
(i) delivered to the party at the address set forth below, (ii) deposited in the U.S. Mail,registered
or certified, return receipt requested, to the address set forth below or (iii) given to a recognized
and reputable overnight delivery service,to the address set forth below:
If to the Town: Town of Fountain Hills
16705 E. Avenue of the Fountains
Fountain Hills,Arizona 85268
Attn: Grady E. Miller, Town Manager
With copy to: Pierce Coleman PLLC
4711 E. Falcon Dr., Ste. 111
Mesa, Arizona 85215
Attn: Aaron D. Arnson, Town Attorney
If to Contractor: Field Data Services of Arizona, Inc.
21636 N. Dietz Dr.
Maricopa, Arizona 85138
Attn: Sharon Morris, President
or at such other address, and to the attention of such other person or officer, as any party may
designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed
received: (i) when delivered to the party, (ii) three business days after being placed in the U.S.
Mail, properly addressed, with sufficient postage or (iii) the following business day after being
given to a recognized overnight delivery service, with the person giving the notice paying all
required charges and instructing the delivery service to deliver on the following business day. If
a copy of a notice is also given to a party's counsel or other recipient, the provisions above
governing the date on which a notice is deemed to have been received by a party shall mean and
refer to the date on which the party, and not its counsel or other recipient to which a copy of the
notice may be sent, is deemed to have received the notice.
[SIGNATURES APPEAR ON FOLLOWING PAGES]
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IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the date
and year first set forth above.
"Town"
TOWN OF FOUNTAIN HILLS,
an Arizona Municipal Corporation
0
1••4.: Ot.) 14, . \ZAlt, ..
Grady E. Mille , o Manager
ATTEST:
ilizabeth urke, Town Cler
APPROVED AS TO FORM:
Aaron D. rnson, Town Attorney
(ACKNOWLEDGEMENT)
STATE OF ARIZONA )
) ss.
COUNTY OF MARICOPA )
On re'ukcvLc /0 ,2020,before me personally appeared Grady E.Miller,the Town
Manager of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, whose identity
was proven to me on the basis of satisfactory evidence to be the person who he claims to be, and
acknowledged that he signed the above document, on behalf of the Town of Fountain Hills.
f�
"`,/ JAMIE SALENTINE ` --4 I Vi -
Notary Public-State of Arizona
��� MARICOPACOUNTY N ary Public
Commission#550103
Expires July 11 2022
(Affix notary seal here)
[SIGNATURES CONTINUE ON FOLLOWING PAGE]
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"Contractor"
Field Data Services of Arizona, Inc.,
an.Arizo a corporation
By:
Name: ,j hO., 1W i Orr
) SQ( (-n 0-1-
(ACKNOWLEDGEMENT) Public or other officer completing this
certificate verifies only the identity of the
STATE OF Ca 1}fir hla ) individual who signed the document to which this
ss. certificate is ,and not the truthfulness,
COUNTY OF ) accuracy,or t.
validity of that document
On J ah u a l'y Z I —, 2020, befor- me personally appeared , the
_of Field Data Services of 1.izona, Inc., an Arizona corporation, whose identity was
proven to me on the basis of satisfact• evidence to be the person who he or she claims to be, and
acknowledged that he or she sign• e above document,on behalf of the corporation.
-�-� a-k rlite d .
Notary Public
(Affix not.. seal here)
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. .w�.A.._._ ... �. ��.ee►e . a�� t_� rK . _ ,. .._, t
CALIFORNIA ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity
of the individual who signed the document to which this certificate is attached,
and not the truthfulness, accuracy, or validity of that document.
State of California )
County of Riverside /�
Onia\u DIY Z i i ZO 7� before me, VIVI I t, M" M Lf I'll ~ —Notary Public ,
(Here Inert name and tme at the oft er)
personally appeared SO'O Vn N CV 1r 1 S
who proved to me on the basis of satisfactory evidence to be the person( whose
name z' rare subscribed to the within instrument and acknowledged to me that
NV they executed-the same in his �e /their authorized capacity(i$ , and that by
/heir signature(s') on the instru ent the person(, or the entity upon behalf of
which the person(0 acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
ANNIENM MUNIZ}
WITNESS my hand and official seal.
�� COMM.a zz�a7��
RiVC�R,71f7E CQ(JNTY
NOTARY P.BLIC CA.LIFORNIAZ
�y� I, '`. MY COMMISSION EXPIRES —
`I �l " iv\ .1 LL APRIL'28,2022
Notary Public Signature (Notary Public Seal)
INSTRUCTIONS FOR COMPLETING THIS FORM
ADDITIONAL OPTIONAL INFORMATION This form complies with current California statutes regarding notary wording and,
DESCRIPTION OF THE ATTACHED DOCUMENT if needed,should be completed and attached to the document.Acknowledgments
from other states may be completed for documents being sent to that state so long
j�/� as the wording does not require the California notary to violate California notary
fie/0a Seyvv/.e�> O 1 nY)ei
(Title or description of attached document) • State and County information must be the State and County where the document
signer(s)personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s)personally appeared which
(Title or description of attached document continued) must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
Number of PagesN�A Document Date 1�21 Ina commission followed by a comma and then your title(notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e.
he/she/they;is/are)or circling the correct forms.Failure to correctly indicate this
D Individual(s) information may lead to rejection of document recording.
❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges,re-seal if a
(Title) sufficient area permits,otherwise complete a different acknowledgment form.
D Partner(s) • Signature of the notary public must match the signature on file with the office of
the county clerk.
❑ Attorney-in-Fact s:- Additional information is not required but could help to ensure this
I ❑ Trustee(s) acknowledgment is not misused or attached to a different document.
Other ❖ Indicate title or type of attached document,number of pages and date.
D 1� Indicate the capacity claimed by the signer.If the claimed capacity is a
corporate officer,indicate the title(i.e.CEO,CFO,Secretary).
��;.. f,�01,•i; L,� r�.;i t �8� • Securely attach this document to the signed document with a staple.
-.
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EXHIBIT A
TO
COOPERATIVE PURCHASING AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
FIELD DATA SERVICES OF ARIZONA,INC.
[City Contract]
See following pages.
EXHIBIT B
TO
COOPERATIVE PURCHASING AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
FIELD DATA SERVICES OF ARIZONA, INC.
[Materials Order]
See following pages (to be attached subsequent to execution).
�����*���.����
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AGREEW1ENTPUR@UANTTOSOLC|TAT|DN
CITY OF MESA CONTRACT NUMBER 2016183
TRAFFIC COUNT SERVICES
CITY 8F MESA,Arizona t^Ciky~)
Department Name Cib/ofYNeoa—Punohouing Division
Mailing Address PO 8ox14GO
Mesa,AZ 85211-1486
Delivery Address 20 East Main St. Suite 4UO
Mesa,AZ 85201
Attention Brandy Andersen, Procurement Officer
E'Nlai| brandy.anderoon@mamaazgov
Telephone (480)844~6426
Facsimile (480)E44-2655
AND
FIELD DATA SERVICES 0FARIZONA. ('^Controctor")
Mailing Address 21638N Dietz Dr
K8ancopm.AZ85138
Delivery Address 21636 N, Dietz Dr
K8mncnpo. AZ85138
Attention Sharon N1onis, President
E-Mail ynnoma@fdemz.con
Telephone 520-316-6745
Facsimile 868-686'7612
CITY OF MESA AGREEMENT PURSUANT TO SOLICITATION
This agreement pursuant to solicitation ("Agreement") is entered into this 8`h day of June, 2016, by and
between the City of Mesa, Arizona, an Arizona municipal corporation ("City"), and Traffic Count Services,
a(n)Arizona Corporation ("Contractor"). The City and Contractor are each a "Party" to the Agreement or
together are"Parties"to the Agreement.
RECITALS
A. The City issued solicitation number 2016183("Solicitation")for TRAFFIC COUNT SERVICES,to which
Field Data Services of Arizona, Inc. provided a response("Response"), and
B. The City selected Field Data Services of Arizona, Inc.'s Response as being in the best interest of the
City and wishes to engage Field Data Services of Arizona, Inc. in providing the services/materials
described in the Solicitation and Response.
In consideration of the reciprocal promises contained in the Agreement, and for other valuable and good
consideration, which the Parties acknowledge the receipt and sufficiency of, the Parties agree to the
following Terms& Conditions.
TERMS&CONDITIONS
1. Term. This Agreement is fora term beginning on July 1, 2016 and ending on June 30, 2019. The use
of the word "Term" in the Agreement includes the aforementioned period as well as any applicable
extensions or renewals in accordance with this Section 1.
1.1 Renewals.On the mutual written agreement of the Parties,the Term may be renewed up to a
maximum of two (2) one (1) year periods. Any renewal(s) will be a continuation of the same
terms and conditions as in effect immediately prior to the expiration of the then-current term.
1.2 Extension for Procurement Processes. Upon the expiration of the Term of this Agreement,
including any renewals permitted herein, at the City's sole discretion this Agreement may be
extended on a month-to-month basis for a maximum of six (6) months to allow for the City's
procurement processes in the selection of a vendor to provide the services/materials provided
under this Agreement. The City will notify the Contractor in writing of its intent to extend the
Agreement at least thirty (30)calendar days prior to the expiration of the Term. Any extension
under this Subsection 1.2 will be a continuation of the same terms and conditions as in effect
immediately prior to the expiration of the then-current term.
2. Scope of Work. The Contractor will provide the necessary staff, services and associated resources
to provide the City with the services, materials, and obligations attached to this Agreement as Exhibit
A ("Scope of Work") Contractor will be responsible for all costs and expenses incurred by Contractor
that are incident to the performance of the Scope of Work unless otherwise stated in Exhibit A.
Contractor will supply all equipment and instrumentalities necessary to perform the Scope of Work. If
set forth in Exhibit A, the City will provide Contractor's personnel with adequate workspace and such
other related facilities as may be required by Contractor to carry out the Scope of Work.
3. Orders. Orders be placed with the Contractor by either a: (i) Purchase Order when for a one-time
purchase; (ii) Notice to Proceed, or (iii) Delivery Order off of a Master Agreement for Requirement
Contract where multiple as-needed orders will be placed with the Contractor. The City may use the
Internet to communicate with Contractor and to place orders as permitted under this Agreement
4. Document Order of Precedence. In the event of any inconsistency between the terms of the body of
the Agreement,the Exhibits,the Solicitation,and Response,the language of the documents will control
in the following order.
a. Agreement
b. Exhibits
1. Mesa Standard Terms& Conditions
2. Scope of Work
3. Service Level Agreement/Business Associate Agreement(if applicable)
4. Other Exhibits not listed above
c. Solicitation including any addenda
d. Contractor Response
5. Payment.
5.1 General. Subject to the provisions of the Agreement, the City will pay Contractor the sum(s)
described in Exhibit B("Pricing")in consideration of Contractor's performance of the Scope of
Work during the Term.
5.2 Prices. All pricing shall be firm for the Term and all extensions or renewals of the Term except
where otherwise provided in this Agreement, and include all costs of the Contractor providing
the materials/service including transportation, insurance and warranty costs. No fuel
surcharges will be accepted unless allowed in this Agreement. The City shall not be invoiced
at prices higher than those stated in the Agreement.
The Contractor further agrees that any reductions in the price of the materials or services
covered by this Agreement will apply to the undelivered balance. The Contractor shall promptly
notify the City of such price reductions.
No price modifications will be accepted without proper request by the Contractor and response
by the City's Purchasing Division.
5.3 Price Adjustment. Any requests for reasonable price adjustments must be submitted in
accordance with this Section 5.3. Requests for adjustment in cost of labor and/or materials
must be supported by appropriate documentation. There is no guarantee the City will accept
a price adjustment therefore Contractor should be prepared for the Pricing to be firm over the
Term of the Agreement. The City is only willing to entertain price adjustments based on an
increase to Contractor's actual expenses or other reasonable adjustment in providing the
services/materials under the Agreement. If the City agrees to the adjusted price terms,the City
shall issue written approval of the change.
During the 60-day period prior to Contract expiration date of the Agreement, the Contractor
may submit a written request to the City to allow an increase to the prices in an amount not to
exceed the twelve month change in the Consumer Price Index for All Urban Consumers
(CPI-U), US City Average, All Items, Not Seasonally Adjusted as published by the U.S.
Department of Labor, Bureau of Labor Statistics (http://www.bls.gov/cpi/home.htm). The City
shall review the request for adjustment and respond in writing; such response and approval
shall not be unreasonably withheld.
Renewal and Extension Pricing. Any extension of the Agreement will be at the same pricing
as the initial Term. If the Agreement is renewed in accordance with Section 1, pricing may be
adjusted for amounts other than inflation that represent actual costs to the Contractor based
on the mutual agreement of the parties. The Contractor may submit a request for a price
adjustment along with appropriate supporting documentation demonstrating the cost to the
Contractor. Renewal prices shall be firm for the term of the renewal period and may be adjusted
thereafter as outlined in the previous section. There is no guarantee the City will accept a price
adjustment.
5.4 Invoices. Payment will be made to Contractor following the City's receipt of a properly
completed invoice. Any issues regarding billing or invoicing must be directed to the City
Department/Division requesting the service or material from the Contractor. A properly
completed invoice should contain, at a minimum, all of the following:
a. Contractor name, address, and contact information;
b. City billing information;
c. City contract number as listed on the first page of the Agreement;
d. Invoice number and date;
e. Payment terms;
f. Date of service or delivery;
g. Description of materials or services provided;
h. Applicable Taxes
i. Total amount due.
5.5 Payment of Funds. Contractor acknowledges the City may, at its option and where available
use a Procurement Card/e-Payables to make payment for orders under the Agreement.
Otherwise; payment will be through a traditional method of a check or Electronic Funds
Transfer(EFT) as available.
5.6 Disallowed Costs, Overpayment. If at any time the City determines that a cost for which
payment was made to Contractor is a disallowed cost,such as an overpayment or a charge for
materials/service not in accordance with the Agreement,the City will notify Contractor in writing
of the disallowance; such notice will state the means of correction which may be, but is not
limited to, adjustment of any future claim/invoice submitted by Contractor in the amount of the
disallowance, or to require repayment of the disallowed amount by Contractor. Contractor will
be provided with the opportunity to respond to the notice.
6. Insurance.
6.1 Contractor must obtain and maintain at its expense throughout the term of Contractor's
agreement, at a minimum,the types and amounts of insurance set forth in this Section 6 from
insurance companies authorized to do business in the State of Arizona; the insurance must
cover the materials/service to be provided by Contractor under the Agreement. For any
insurance required under the Agreement, Contractor will name the City of Mesa, its agents,
representatives, officials, volunteers, officers, elected officials, and employees as additional
insured, as evidenced by providing either an additional insured endorsement or proper
insurance policy excerpts.
6.2 Nothing in this Section 6 limits Contractor's responsibility to the City. The insurance
requirements herein are minimum requirements for the Agreement and in no way limit any
indemnity promise(s)contained in the Agreement.
6.3 The City does not warrant the minimum limits contained herein are sufficient to protect
Contractor and subcontractor(s) from liabilities that might arise out of performance under the
Agreement by Contractor, its agents, representatives, employees, or subcontractor(s).
Contractor is encouraged to purchase additional insurance as Contractor determines may be
necessary.
6.4 Each insurance policy required under the Agreement must be in effect at or prior to the
execution of the Agreement and remain in effect for the term of the Agreement.
6.5 Prior to the execution of the Agreement, Contractor will provide the City with a Certificate of
Insurance (using an appropriate "ACORD" or equivalent certificate) signed by the issuer with
applicable endorsements. The City reserves the right to request additional copies of any or all
of the policies, endorsements, or notices relating thereto required under the Agreement.
6.6 When the City requires a Certificate of Insurance to be furnished, Contractor's insurance is
primary of all other sources available. When the City is a certificate holder and/or an additional
insured,Contractor agrees no policy will expire, be canceled, or be materially changed to affect
the coverage available without advance written notice to the City.
6.7 The policies required by the Agreement must contain a waiver of transfer rights of recovery
(waiver of subrogation) against the City, its agents, representatives, officials, volunteers,
officers, elected officials, and employees for any claims arising out of the work of Contractor.
6.8 All insurance certificates and applicable endorsements are subject to review and approval by
the City's Risk Management Division.
6.9 Types and Amounts of Insurance. Contractor must obtain and retain throughout the term of
the Agreement, at a minimum, the following:
6.9.1 Worker's compensation insurance in accordance with the provisions of Arizona
law. If Contractor operates with no employees, Contractor must provide the City
with written proof Contractor has no employees. If employees are hired during the
course of this Agreement, Contractor must procure worker's compensations in
accordance with Arizona law.
6.9.2 The Contractor shall maintain at all times during the term of this contract, a
minimum amount of $1 million per occurrence/$3 million aggregate Commercial
General Liability insurance, including Contractual Liability. For General Liability
insurance, the City of Mesa, their agents, officials, volunteers, officers, elected
officials or employees shall be named as additional insured, as evidenced by
providing an additional insured endorsement.
6.9.3 Automobile liability, bodily injury and property damage with a limit of$1 million per
occurrence including owned, hired and non-owned autos.
7. Requirements Contract. Contractor acknowledges and agrees the Agreement is a requirements
contract; the Agreement does not guarantee any purchases will be made(minimum or maximum).
Orders will only be placed when the City identifies a need and issues a purchase order or a written
notice to proceed. The City reserves the right to cancel purchase orders or a notice to proceed
within a reasonable period of time of issuance; any such cancellation will be in writing. Should a
purchase order or notice to proceed be canceled, the City agrees to reimburse Contractor for any
actual and documented costs incurred by Contractor. The City will not reimburse Contractor for
any avoidable costs incurred after receipt of cancellation including, but not limited to, lost profits,
shipment of product, or performance of services.
8. Notices. All notices to be given pursuant to the Agreement will be delivered to the Contractor as
listed on Page 1 of this Agreement. Notice will be delivered pursuant to the requirements set forth
the Mesa Standard Terms and Conditions that is attached to the Agreement as Exhibit C.
9. Representations of Contractor. To the best of Contractor's knowledge, Contractor agrees that:
a. Contractor has no obligations, legal or otherwise, inconsistent with the terms of the Agreement
or with Contractor's undertaking of the relationship with the City:
b. Performance of the services called for by the Agreement do not and will not violate any
applicable law, rule, regulation, or any proprietary or other right of any third party;
c. Contractor will not use in the performance of Contractor's responsibilities under the Agreement
any proprietary information or trade secret of a former employer of its employees (other than
City, if applicable); and
d. Contractor has not entered into and will not enter into any agreement, whether oral or written,
in conflict with the Agreement.
10. Mesa Standard Terms and Conditions. Exhibit C to the Agreement is the Mesa Standard Terms
and Conditions as modified by the Parties,which are incorporated by reference into the Agreement
as though fully set forth herein. In the event of any inconsistency between the terms of the
Agreement and the Mesa Standard Terms and Conditions, the language of the Agreement will
control. The Parties or a Party are referred to as a "party" or"parties" in the Mesa Standard Terms
and Conditions. The Term is referred to as the"term"in the Mesa Standard Terms and Conditions.
11. Counterparts and Facsimile or Electronic Signatures. This Agreement may be executed in two
(2)or more counterparts, each of which will be deemed an original and all of which,taken together,
will constitute one agreement. A facsimile or other electronically delivered signature to the
Agreement will be deemed an original and binding upon the Party against whom enforcement is
sought.
12. Incorporation of Recitals and Exhibits. All Recitals and Exhibits to the Agreement are hereby
incorporated by reference into the Agreement as if written out and included herein. In the event of
any inconsistency between the terms of the body of the Agreement and the Exhibits, the language
of the Agreement will control.
Exhibits to this Agreement are the following:
• (A)Scope of Work
• (B)Pricing
• (C) Mesa Standard Terms and Conditions
13. Attorneys' Fees. The prevailing Party in any litigation arising out of the Agreement will be entitled
to the recovery of its reasonable attorney's fees, court costs, and other litigation related costs and
fees from the other Party.
14. Additional Acts. The Parties agree to execute promptly such other documents and to perform
such other acts as may be reasonably necessary to carry out the purpose and intent of the
Agreement.
15. Headings. The headings of the Agreement are for reference only and will not limit or define the
meaning of any provision of the Agreement.
By executing below, each Party acknowledges that it understands, approves, and accepts at of the terms
of the Agreement and the attached exhibits
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.
CITY OF MESA, ARIZONA FIELD;DATA SERVICES OF ARIZONA, INC.
Digitally signed by Edward
Quedens
By: DN:cn=Edward Quedens,o=City By: q_art
or Mesa711titzona,ou—Bustness
-- Services Department,
email=ed.guedens@mesaaz.gov, SfictrtA Morn S
c=U5
Printed Name Date:2016.06.13 09:39:56-07'00 red Name ,
(ricievo—
Title Title
RECOMMENDED BY.
By:
EXHIBIT A
SCOPE OF WORK
1. SCOPE OF WORK: Field Data Services of Arizona, Inc. will provide comprehensive traffic
counting services to the City of Mesa (City) as defined in the "Tasks to be performed by the
Contractor" and the"Detailed Specifications" of this agreement. Figures are an estimate only and
the actual number of counts may vary.
Tasks to be performed by Field Data Services of Arizona, Inc.:
• Two hundred (200) counts of varying types (i.e. volume, speed, classification, turning
movement, etc.) at various locations on an as-needed basis as part of an evaluation
process of traffic engineering studies such as the need for traffic signals, volume studies,
speed studies, left-turn phasing, and the City's speed hump program.
The time frame for one (1)count site could range from one (1)to seven (7)calendar days
of data collection, may be taken on weekdays and/or weekends, and the number of counts
locations will vary per request.
• Two hundred and fifty (250) bi-directional traffic volume counts are part of the annual
spring traffic counts.
These counts will have a duration of twenty-four (24) hours, be taken on a Tuesday,
Wednesday, and/or Thursday, be recorded in fifteen (15) minute intervals, midnight to
midnight,at locations provided by the City. Counts will be completed within a four(4)week
time frame between mid-March and mid-April of 2017, 2018, and 2019 unless otherwise
directed by the City.
• Forty (40) semi-annual bicycle and pedestrian traffic volume counts and forty (40)
turning movement counts at various locations to evaluate the use of existing and future
bicycle and pedestrian facilities as part of the Mesa Bicycle Program.
Counts will have a duration of two (2) hours and be conducted manually during AM and
PM peak times on one (1) weekday (Tuesday, Wednesday or Thursday) and a Saturday
as directed by the City. All of these counts shall include the following aspects: Type of
user (bicyclist, pedestrian, wheelchair user); gender of user; helmet usage; compliance
with proper use of facilities; and direction each user is traveling.
• Collection of GIS location data at various count locations.
1.1 Field Data Services of Arizona, Inc. will conduct all studies in accordance with all safety
guidelines set forth in M.U.T.C.D., Phoenix Barricade Manual and local policy. Field Data
Services of Arizona, Inc.will operate with clearly visible safety spinners,with Class 3 Safety
Vest and a minimum of 2,28" Double Striped Delineated Cones at all times,no exceptions.
1.2 Field Data Services of Arizona, Inc. will start data collection with new tube and fresh
hardware that will keep the hose pulls and loose tubes to a minimum. All data will be
downloaded once out of the roadway and in a safe place, not in the right of way. Once
downloaded, the data will be sent in for processing and verification. Once accepted and
verified, the data will be processed and ready for delivery. Field Data Services of Arizona,
Inc. will coordinate with the City on placement locations and dates.
1.3 Field Data Services of Arizona, Inc. will gather most "manual" type studies by video and
process in the office rather than the field. If a video process can't be used,then traditional
methods using the MUTSM standards in conjunction with the Jamar Ultra count boards for
boards for accuracy and reliability.
2.0 SPECIFICATIONS FOR TRAFFIC COUNT SERVICES:
2.1 GENERAL: This contract will provide comprehensive traffic counting services to the City.
All traffic counts will be taken within City limits and will be made using industry standard
pneumatic counting equipment with the exception of the bicycle and pedestrian counts,
which shall be taken manually in the field. Field Data Services of Arizona, Inc. may add
other traffic counting related services which are available and not included on the bid item
list.
2.1.1 Field Data Services of Arizona, Inc. is required to operate from a local office in
the Phoenix metro area with onsite management.
2.1.2 Field Data Services of Arizona, Inc. price will include all labor and equipment
necessary(portable loops,tube blockers, etc.)to obtain the specified counts.
2.1.3 Field Data Services of Arizona, Inc. price will also include quality control checks
of all collected data. These checks will search for unusually large variations
between time intervals, inconsistencies between the same time periods on
different days,and check the consistency and reasonableness of volumes along
a given road. After the checks are made, any data identified as being
inconsistent with overall travel patterns or otherwise "suspicious" should be
flagged.
2.1.4 Field Data Services of Arizona, Inc. will use the City's interactive traffic
restrictions map: http://gis.mesaaz.gov/mTrac/mTrac.html when scheduling the
counts.
2.1.5 When setting up the counters, Field Data Services of Arizona, Inc. will examine
the surrounding road conditions to make sure the traffic is not being affected by
road construction, severe accidents,detours,or other special events. Field Data
Services of Arizona, Inc. will report such information to Rus Gordon at 480-644-
4649 or Russell.gordon(a�mesaaz.gov (City Representative) so an alternative
date or location can be selected.
2.1.6 All traffic hoses crossing sidewalks,walkways, bike lanes and/or travel lanes will
be taped down or anchored to prevent potential tripping hazards for pedestrians
and bicyclists as well as road hazards for vehicles. In addition, they will be
marked with orange cones, PVC pipe or other means to ensure visibility,
especially during night times.
2.1.7 Within reason, all anchor equipment, tape, or other materials that are used to
secure count equipment and increase visibility,will be removed at the completion
of the counts.
2.1.8 Field Data Services of Arizona, Inc. will check the counters and equipment
routinely and, if needed, re-set the hoses to ensure that they continue to be
operational and safe for all traffic participants during data collection and is done
at no additional cost to the City.
2.1.9 Time reference used for each traffic counter shall be set for complete calendar
days(midnight to midnight)for the days specified by the City.
2.1.10 Recounts needed due to improper counter placement, mechanical failure, hose
failure, vandalism, etc. are to be done at no additional cost to the City. The City,
however, will pay for recounts due to hose damage by city street sweepers or
street sweepers operating under contract with the City. The City may request a
recount at specific locations for other reasons. These counts will be paid at unit
cost per count site as quoted in the proposal.
2.1.11 Field Data Services of Arizona, Inc. will provide a schedule of traffic count
locations and dates with at least two(2)working days advance notice to the City
Representative.
2.1.12 Traffic count information will be limited to one (1) counter per sheet and will be
submitted to the City within five (5)working days of the completion of the count.
2.1.13 If requested by the City, Field Data Services of Arizona, Inc.will provide locations
of traffic counts in a GIS format. The preferred format is ESRI ArcGIS shapefile
format in NAD83 State Plane HARN/AZ (Arizona Central, International Foot,
EPSG code 2868. An alternate acceptable coordinate system is NAD83 State
Plane (Arizona Central). This service will be considered optional and will be
reflected as a separate cost quote per count.
2.1.14 A copy of all traffic counts will be provided in an electronic format that is
compatible with Excel. The individual count location details will show date,
roadway, block location, direction, station, fifteen (15) minute breakdown totals,
AM and PM peak hour, AM and PM peak hour volume, twenty-four (24) hour
count for each direction and total count for that location. In addition, at the City's
request, directional traffic count data will also be provided in a format that can
be imported directly into PC Warrants (*.prn, `.mdb, *.xls, etc.) via the Volume
Data Wizard function.
2.1.15 Invoices will be submitted to the City on a monthly basis, unless no traffic counts
have been conducted within a specific month's period. Invoices will include the
Master Agreement (MA) number and an itemized list that details the count
location, the date of the count, the type of the count, and the cost.
2.1.16 Field Data Services of Arizona, Inc. will provide qualified supervision of each
crew at all times while working under this contract. Each supervisor will be able
to converse in the English language and will be authorized by Field Data
Services of Arizona, Inc.to accept and act upon all directives issued by the City.
Failure for the supervisor to act on said directives will be sufficient cause to give
notice that Field Data Services of Arizona, Inc. is in default of the contract unless
such directives would create potential personal injury or safety hazards, or are
contrary to the intent of these specifications.
2.1.17 Safety vests or high visibility clothing will be worn by Field Data Services of
Arizona, Inc. at all times during this project. Field Data Services of Arizona, Inc.
will adhere to all regulations, rules, ordinances, and standards set forth by
Federal, State, County and City governments when providing these services.
Field Data Services of Arizona, Inc. will be responsible for the training and
instruction of all workers, employees and subcontractors on all required job
safety standards and traffic safety. Upon request, Field Data Services of
Arizona, Inc.will demonstrate to the City's satisfaction any programs,procedures
and other activities used to ensure compliance.
2.1.18 Field Data Services of Arizona will be responsible for providing and for the
placement of barricades, traffic safety cones, tarps, plastic, flag tape and any
other safety/traffic control equipment, within their work sites, required to protect
its employees, the public, surrounding areas, equipment and vehicles. The flow
of vehicular traffic shall not be impeded at any time during this project without
the prior approval of the City. Field Data Services of Arizona, Inc.will notify the
City, in writing, whenever any violation, citation or warning is received for non-
compliance in any safety or health related issue while providing these services.
2.1.19 The City's Representative or other authorized representative will decide all
questions arising as to the quality and acceptability of any work performed under
the contract. If, in the opinion of the City's Representative or authorized
representative, performance becomes unsatisfactory, the City shall notify the
Field Data Services of Arizona, Inc. In the event the unsatisfactory performance
is not corrected within the time specified by the City Representative, the City will
have the immediate right to complete the work to its satisfaction and shall deduct
the cost to cover from any balances due or to become due to Field Data Services
of Arizona, Inc. Repeated incidences of unsatisfactory performance may result
in cancellation of the agreement for default. For example, if Field Data Services
of Arizona, Inc. fails to submit a traffic count in the required format, the City will
notify Field Data Services of Arizona, Inc. of the violation by email. Additional
violations of the same requirement may result in a formal notice to cure the
unsatisfactory performance. Continued violations of the same or similar contract
requirement may result in additional formal actions up to and including contract
termination.
2.1.20 Field Data Services of Arizona, Inc. will comply with the specifications and
provisions contained herein. Failure to comply with said specifications and
provisions may result in cancellation of this contract. The City also reserves the
right to acquire traffic counting services from other vendors if Field Data Services
of Arizona, Inc. cannot provide services as agreed upon and as outlined in the
contract. These incurred costs shall be the responsibility of Field Data Services
of Arizona, Inc.
3. SPECIFICATIONS FOR VARIOUS TRAFFIC COUNT REQUESTS
3.1 The City requires traffic volume and/or speed counts as part of an evaluation process of
traffic engineering studies such as the need for traffic signals, speed studies, volume
studies, left-turn phasing, and the City's speed hump program.
3.2 The City averages two hundred (200) traffic counts of varying types (i.e, volume, speed,
classification, turning movement, etc.) for the referenced studies. Time frame for one (1)
count site could range from one (1) to seven (7) calendar days of data collection and the
number of count locations would vary per request.
4. SPECIFICATIONS FOR ANNUAL SPRING TRAFFIC VOLUME COUNTS
4.1 All counts will be taken in the time period of mid-March to mid-April of each year unless
otherwise directed by the City. Specific start and end dates of traffic count periods and
traffic count locations will vary from year to year. Field Data Services of Arizona, Inc. will
be notified of the specific dates and locations via correspondence from the City before the
start date. Completion time, however, may extend two (2) weeks (calendar days) from
original end date. These extra two (2)weeks shall be used to cover any original locations
that the City may request to be recounted. Field Data Services of Arizona, Inc.will not use
this two(2)week period to make the initial counts.
4.2 Approximately two hundred-fifty (250) locations (including re-counts) are counted in the
yearly spring traffic volume counts, although this number can vary significantly. These
counts will be taken bi-directionally at each of these locations.
4.3 Conducting the traffic volume counts within the required time frame is critical in order to
provide consistency and correlation between annual traffic counts.
4.4 Time reference used for each traffic counter will be set for one (1)complete calendar day
(midnight to midnight)for a Tuesday, Wednesday, or Thursday.
4.5 Every two (2) weeks, results of traffic counts recorded during the previous two (2)weeks
will be submitted to confirm progress on the count program.
4.6 A partial payment may be made at four (4) weeks into the traffic count period for counts
recorded and submitted up to that point. Final payment will be made upon completion of
the remaining required counts.
5. SPECIFICATIONS FOR SEMI-ANNUAL BICYCLE AND PEDESTRIAN COUNTS
5.1 All counts will be taken manually by field data collectors during a two (2) hour time frame
at AM and PM peak times on one (1)weekday(Tuesday, Wednesday or Thursday) and a
Saturday as directed by a City Representative. Dates, times, and count locations will vary
from year to year. Field Data Services of Arizona, Inc.will be notified of the specific dates,
times, and locations via email from the City before the start date.
5.2 Approximately five (5) intersection locations and five (5) screen line locations will be
counted semi-annually throughout the City, which amounts to a total of forty (40) turning
movement and forty (40)volume counts per year.
5.3 All collected data shall include the following aspects:
• Counted total number of each type of user (bicyclist, pedestrian, wheelchair
user)
• Identified direction each user was traveling
• Observed gender of user
• Noted helmet usage
• Noted compliance with proper use of the facility (e.g., if a bicyclist riding down
a street with a bicycle lane was in the bicycle lane, in the travel lane,or on the
sidewalk; if a pedestrian was using the bicycle lane; if a bicyclist was riding in
the wrong direction)
5.4 The data will be analyzed to show:
• Type of user by hour
• Direction of users'travel by hour
• Helmet usage(percent of total users)
• Gender(percent male/female at location)
• Use of facility
5.5 The City may require traffic data collection using video technology with the capability of
recording twenty-four(24)continuous hours of video in both daylight and nighttime
conditions in any type of weather on an as needed basis.
EXHIBIT B
PRICING
Item No. Description Price
Traffic Volume Count
1 24 Hours $28.00
2 48 Hours $52.00
3 72 Hours $58.00
4 96 Hours $68.00
5 120 Hours $78.00
6 144 Hours $88.00
7 168 Hours $99.00
Bi-Directional Traffic Volume Count
8 24 Hours $35.00
9 48 Hours $47.00
10 72 Hours $53.00
11 96 Hours $63.00
12 120 Hours $83.00
13 144 Hours $93.00
14 168 Hours $103.00
Classification Count
15 24 Hours $43.00
16 48 Hours $60.00
17 72 Hours $63.00
18 96 Hours $78.00
19 120 Hours $88.00
20 144 Hours $98.00
21 168 Hours $108.00
Bi-Directional Classification Count
22 24 Hours $48.00
23 48 Hours $70.00
24 72 Hours $73.00
25 96 Hours $83.00
26 120 Hours $93.00
27 144 Hours $103.00
28 168 Hours $113.00
Speed Count
29 24 Hours $43.00
30 48 Hours $60.00
31 72 Hours $63.00
32 96 Hours $78.00
33 120 Hours $88.00
34 144 Hours $98.00
35 168 Hours $108.00
Bi-Directional Speed Count
36 24 Hours $48.00
37 48 Hours $70.00
38 72 Hours $73.00
39 96 Hours $83.00
40 120 Hours $93.00
41 144 Hours $103.00
42 168 Hours $113.00
Turning Movement Counts(TMC)
43 Prices per Person $45.00
44 AM/PM-4 Hours $118.00
45 AM/PM -6 Hours $179.00
46 AM/Mid/PM-6 Hours $179.00
47 AM/Mid/PM-9 Hours $269.00
48 12 Hours $359.00
49 1 Hour $45.00
Annual Spring Traffic Volume Counts
50 Traffic Count(per location) $55.00
Semi-Annual Manual Bicycle Volume Counts
51 Prices per Person (per hour) $45.00
52 AM,Weekday-2 Hours $73.00
53 PM,Weekday,2 Hours $73.00
54 AM,Weekend-2 Hours $123.00
55 PM,Weekend-2 Hours $123.00
56 Video Surveys(24 Hour DVD) $1,078.00
Semi-Annual Manual Bicycle Turning Movement Counts
57 Prices per Person(per hoar) $45.00
58 AM,Weekday-2 Hours $73.00
59 PM,Weekday, 2 Hours $73.00
60 AM,Weekend-2 Hours $123.00
61 PM,Weekend-2 Hours $123.00
62 Video Surveys(24 Hour DVD) 1,078.00
Other Services
63 Video Surveys(24 Hour DVD) $1,078.00
64 Radar:Speed $63.00
65 GPS Travel Time $63.00
66 0&D Studies(Manual Classification) $65.00
67 GIS Location Data(Per Loc:ation) $7.00
EXHIBIT C
MESA STANDARD TERMS AND CONDITIONS
1. INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to
the City will be that of an independent contractor. Contractor and all persons employed by
Contractor, either directly or indirectly, are Contractor's employees, not City employees.
Accordingly, Contractor and Contractor's employees are not entitled to any benefits provided to
City employees including,but not limited to, health benefits,enrollment in a retirement system, paid
time off or other rights afforded City employees. Contractor employees will not be regarded as City
employees or agents for any purpose, including the payment of unemployment or workers'
compensation. If any Contractor employees or subcontractors assert a claim for wages or other
employment benefits against the City, Contractor will defend, indemnify and hold harmless the City
from all such claims.
2. SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the
express written permission of the City. If Contractor has received authorization to subcontract work,
it is agreed that all subcontractors performing work under the Agreement must comply with its
provisions. Further, all agreements between Contractor and its subcontractors must provide that
the terms and conditions of this Agreement be incorporated therein.
3. ASSIGNMENT. This Agreement may not be assigned either in whole or in part without first
receiving the City's written consent. Any attempted assignment, either in whole or in part, without
such consent will be null and void and in such event the City will have the right at its option to
terminate the Agreement. No granting of consent to any assignment will relieve Contractor from
any of its obligations and liabilities under the Agreement.
4. SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and
inure to the benefit of the parties and their respective permitted successors and assigns.
5. NO THIRD PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the
parties. Nothing set forth in this Agreement is intended to create,or will create,any benefits, rights,
or responsibilities in any third parties.
6. NON-EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials or
services set forth herein from other sources when deemed necessary and appropriate. No
exclusive rights are encompassed through this Agreement.
7. AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be
modified in a writing signed by both parties. No charge for extra work or material will be allowed
unless approved in writing, in advance, by the City and Contractor.
8. TIME OF THE ESSENCE. Time is of the essence to l he performance of the parties' obligations
under this Agreement.
9. COMPLIANCE WITH APPLICABLE LAWS.
a. General. Contractor must procure all permits and licenses, and pay all charges and fees
necessary and incidental to the lawful conduct of business. Contractor must stay fully informed
of existing and future federal, state, and local laws, ordinances, and regulations that in any
manner affect the fulfillment of this Agreement and must comply with the same at its own
expense. Contractor bears full responsibility for training, safety, and providing necessary
equipment for all Contractor personnel to achieve throughout the term of the Agreement. Upon
request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and
other activities used to ensure compliance.
b. Drug-Free Workplace. Contractor is hereby advised that the City has adopted a policy
establishing a drug-free workplace for itself and those doing business with the City to ensure
the safety and health of all persons working on City contracts and projects. Contractor will
require a drug-free workplace for all Contractor personnel working under this Agreement.
Specifically, all Contractor personnel who are working under this Agreement must be notified
in writing by Contractor that they are prohibited from the manufacture, distribution,
dispensation, possession, or unlawful use of a controlled substance in the workplace.
Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel,
and will ensure that Contractor personnel do not use or possess illegal drugs while in the course
of performing their duties.
c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration
Reform and Control Act of 1986(IRCA)in performance under this Agreement and to permit the
City and its agents to inspect applicable personnel records to verify such compliance as
permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all
Contractor personnel have a legal right to live and work in the United States.
i. As applicable to Contractor, under the provisions of A.R.S. §41-4401, Contractor hereby
warrants to the City that Contractor and each of its subcontractors will comply with, and
are contractually obligated to comply with, all federal immigration laws and regulations that
relate to their employees and A.R.S. § 23-214(A) (hereinafter "Contractor Immigration
Warranty").
ii. A breach of the Contractor Immigration Warranty will constitute as a material breach of this
Agreement and will subject Contractor to penalties up to and including termination of this
Agreement at the sole discretion of the City.
iii. The City retains the legal right to inspect the papers of all Contractor personnel who provide
services under this Agreement to ensure that Contractor or its subcontractors are
complying with the Contractor Immigration Warranty. Contractor agrees to assist the City
in regard to any such inspections.
iv. The City may,at its sole discretion,conduct random verification of the employment records
of Contractor and any subcontractor to ensure compliance with the Contractor Immigration
Warranty. Contractor agrees to assist the City in regard to any random verification
performed.
v. Neither Contractor nor any subcontractor will be deemed to have materially breached the
Contractor Immigration Warranty if Contractor or subcontractor establishes that it has
complied with the employment verification provisions prescribed by Sections 274A and
274B of the Federal Immigration and Nationality Act and the E-Verify requirements
prescribed by A.R.S. §23-214 (A).
d. Nondiscrimination. Contractor represents and warrants that it does not discriminate against
any employee or applicant for employment or person to whom it provides services because of
race, color, religion, sex, national origin, or disability, and represents and warrants that it
complies with all applicable federal, state, and local laws and executive orders regarding
employment. Contractor and Contractor's personnel will comply with applicable provisions of
Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal
Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and
applicable rules in performance under this Agreement.
e. State Sponsors of Terrorism Prohibition. Per A.R.S. § 35-392, Contractor must not be in
violation of section 6(j) of the Federal Export Administration Act and subsequently prohibited
by the State of Arizona from selling goods of services to the City.
10. SALES/USE TAX,OTHER TAXES.
a. Contractor is responsible for the payment of all taxes including federal, state, and local taxes
related to or arising out of Contractor's services under this Agreement, including by way of
illustration but not limitation, federal and state income tax, Social Security tax, unemployment
insurance taxes, and any other taxes or business license fees as required. If any taxing
authority should deem Contractor or Contractor employees an employee of the City, or should
otherwise claim the City is liable for the payment of taxes that are Contractor's responsibility
under this Agreement, Contractor will indemnify the City for any tax liability, interest, and
penalties imposed upon the City.
b. The City is exempt from paying certain federal excise taxes and will furnish an exemption
certificate upon request. The City is not exempt from state and local sales/use taxes.
11. AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due
to the City during the performance of services under the Agreement. Payments to Contractor may
be offset by any delinquent amounts due the City or fees and charges owed to the City.
12. PUBLIC RECORDS. Contractor acknowledges that the City is a public entity, subject to Arizona's
public records laws (A.R.S. § 39-121 et. seq.) and that any documents related to this Agreement
may be subject to disclosure pursuant to state law in response to a public records request or to
subpoena or other judicial process.
12.1. If Contractor believes document related to the Agreement contains trade secrets or other
proprietary data, Contractor must notify the City and include with the notification a statement
that explains and supports Contractor's claim. Contractor also must specifically identify the
trade secrets or other proprietary data that Contractor believes should remain confidential.
12.2. In the event the City determines it is legally required to disclose pursuant to law any
documents or information Contractor deems confidential trade secrets or proprietary data,
the City, to the extent possible, will provide Contractor with prompt written notice by certified
mail, fax, email or other method that tracks delivery status of the requirement to disclose the
information so Contractor may seek a protective order from a court having jurisdiction over
the matter or obtain other appropriate remedies. The notice will include a time period for
Contractor to seek court ordered protection or other legal remedies as deemed appropriate
by Contractor. If Contractor does not obtain such court ordered protection by the expiration
of said time period, the City may release the information without further notice to Contractor.
13. AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for six
(6)years after completion of the Agreement. The City or its authorized agent reserves the right to
inspect any records related to the performance of work specified herein. In addition, the City may
inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the
Agreement. Contractor will permit such inspections and audits during normal business hours and
upon reasonable notice by the City. The audit of records may occur at Contractor's place of
business or at City offices, as determined by the City.
14. BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested
background checks of Contractor personnel who would perform services under the Agreement or
who will have access to the City's information,data,or facilities in accordance with the City's current
background check policies. Any officer, employee, or agent that fails the background check must
be replaced immediately for any reasonable cause not prohibited by law.
15. SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will
have final authority, based on security reasons: (i) to determine when security clearance of
Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and
including fingerprinting Contractor personnel; and (iii)to determine whether or not any individual or
entity may provide services under this Agreement. If the City objects to any Contractor personnel
for any reasonable cause not prohibited by law, then Contractor will, upon notice from the City,
remove any such individual from performance of services under this Agreement.
16. DEFAULT.
a. A party will be in default if that party:
i. Is or becomes insolvent or is a party to any voluntary bankruptcy or receivership
proceeding, makes an assignment for a creditor, or there is any similar action that affects
Contractor's capability to perform under the Agreement;
ii. Is the subject of a petition for involuntary bankruptcy not removed within sixty(60)calendar
days;
iii. Conducts business in an unethical manner as set forth in the City Procurement Rules
Article 7 or in an illegal manner; or
iv. Fails to carry out any term, promise, or condition of the Agreement.
b. Contractor will be in default of this Agreement if Contractor is debarred from participating in
City procurements and solicitations in accordance with Article 6 of the City's Procurement
Rules.
c. Notice and Opportunity to Cure. In the event a party is in default then the other party may,
at its option and at any time, provide written notice to the defaulting party of the default. The
defaulting party will have thirty(30)days from receipt of the notice to cure the default;the thirty
(30)day cure period may be extended by mutual agreement of the parties, but no cure period
may exceed ninety (90)days.A default notice will be deemed to be sufficient if it is reasonably
calculated to provide notice of the nature and extent of such default. Failure of the non-
defaulting party to provide notice of the default does not waive any rights under the Agreement.
d. Anticipatory Repudiation. Whenever the City in good faith has reason to question
Contractor's intent or ability to perform, the City may demand that Contractor give a written
assurance of its intent and ability to perform. In the event that the demand is made and no
written assurance is given within five (5) calendar days, the City may treat this failure as an
anticipatory repudiation of the Agreement.
17. REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy
will not preclude the use of other remedies. In the event of default:
a. The non-defaulting party may terminate the Agreement, and the termination will be effective
immediately or at such other date as specified by the terminating party.
b. The City may purchase the services required under the Agreement from the open market,
complete required work itself, or have it completed at the expense of Contractor. If the cost of
obtaining substitute services exceeds the contract price, the City may recover the excess cost
by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance
due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv)
collection against liquidated damages (if applicable); or (v) a combination of the
aforementioned remedies or other remedies as provided by law. Costs includes any and all,
fees, and expenses incurred in obtaining substitute services and expended in obtaining
reimbursement, including, but not limited to, administrative expenses, attorneys' fees, and
costs.
c. The non-defaulting party will have all other rights granted under this Agreement and all rights
at law or in equity that may be available to it.
d. Neither party will be liable for incidental, special, or consequential damages.
18. CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the
parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to
cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or
obligated to cease performance by other provisions in this Agreement.
19. TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement in
part or in whole upon thirty (30) calendar days'written notice.
20. TERMINATION FOR CONFLICT OF INTEREST(A.R.S.§38-511). Pursuant to A.R.S. §38-511,
the City may cancel this Agreement within three (3) years after its execution, without penalty or
further obligation, if any person significantly involved in initiating, securing, drafting, or creating the
Agreement for the City becomes an employee or agent of Contractor.
21. TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY
CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds
by its governing body to satisfy its obligations. If the City reasonably determines that it does not
have funds to meet its obligations under this Agreement, the City will have the right to terminate
the Agreement without penalty on the last day of the fiscal period for which funds were legally
available. In the event of such termination, the City agrees to provide written notice of its intent to
terminate thirty(30)calendar days prior to the stated termination date.
22. PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement,
Contractor will be entitled only to payment for those services performed up to the date of
termination, and any authorized expenses already incurred up to such date of termination. The
City will make final payment within thirty (30) calendar days after the City has both completed its
appraisal of the materials and services provided and received Contractor's properly prepared final
invoice.
23. NON-WAIVER OF RIGHTS. There will be no waiver of any provision of this agreement unless
approved in writing and signed by the waiving party. Failure or delay to exercise any rights or
remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services
hereunder, will not release the other party of any of the warranties or other obligations of the
Agreement and will not be deemed a waiver of any such rights or remedies.
24. INDEMNIFICATION/LIABILITY.
a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the
City, its officers, agents, and employees, harmless from and against any and all liabilities,
demands,claims, suits, losses, damages,causes of action,fines or judgments, including costs,
attorneys', witnesses', and expert witnesses' fees, and expenses incident thereto, relating to,
arising out of, or resulting from: (i) the services provided by Contractor personnel under this
Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor
personnel; and (iii) Contractor or Contractor personnel's failure to comply with or fulfill the
obligations established by this Agreement.
b. Contractor will update the City during the course of the litigation to timely notify the City of any
issues that may involve the independent negligence of the City that is not covered by this
indemnification.
c. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor
or any third party harmless for claims based on this Agreement or use of Contractor-provided
supplies or services.
25. WARRANTY. Contractor warrants that the services and materials will conform to the requirements
of the Agreement. Additionally, Contractor warrants that all services will be performed in a good,
workman-like and professional manner. The City's acceptance of service or materials provided by
Contractor will not relieve Contractor from its obligations under this warranty. If any materials or
services are of a substandard or unsatisfactory manner as determined by the City, Contractor, at
no additional charge to the City, will provide materials or redo such services until in accordance
with this Agreement and to the City's reasonable satisfaction.
Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current
manufacture and not discontinued, will be free of defects in materials and workmanship, will be
provided in accordance with manufacturer's standard warranty for at least one (1) year unless
otherwise specified, and will perform in accordance with manufacturer's published specifications.
26. THE CITY'S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to
prejudice the City's right to recover against third parties for any loss, destruction, or damage to City
property, and will at the City's request and expense, furnish to the City reasonable assistance and
cooperation, including assistance in the prosecution or defense of suit and the execution of
instruments of assignment in favor of the City in obtaining recovery.
27. NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to deliver
any specific amount of materials or services or any materials or services at all under this Agreement
and acknowledges and agrees that the materials or services will be requested by the City on an as
needed basis at the sole discretion of the City. Any document referencing quantities or
performance frequencies represent the City's best estimate of current requirements, but will not
bind the City to purchase, accept, or pay for materials or services which exceed its actual needs.
28. OWNERSHIP. All deliverables, services, and information provided by Contractor or the City
pursuant to this Agreement (whether electronically or manually generated) including without
limitation, reports,test plans,and survey results, graphics, and technical tables, originally prepared
in the performance of this Agreement, are the property of the City and will not be used or released
by Contractor or any other person except with prior written permission by the City.
29. USE OF NAME. Contractor will not use the name of the City of Mesa in any advertising or publicity
without obtaining the prior written consent of the City.
30. PROHIBITED ACTS. Pursuant to A.R.S. § 38-504, a current or former public officer or employee
within the last twelve(12) months shall not represent another organization before the City on any
matter for which the officer or employee was directly concerned and personally participated in
during their service or employment or over which they had a substantial or material administrative
discretion. Further, while employed by the City and for two (2) years thereafter, public officers or
employees are prohibited from disclosing or using, without appropriate authorization, any
confidential information acquired by such personnel in the course of his or her official duties at the
City.
31. FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination
freight prepaid and allowed unless otherwise agreed.
32. RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or
equipment incidental to providing these services and such loss,injury,or destruction will not release
Contractor from any obligation hereunder.
33. SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real
property or damage or loss of City personal property when such property is the responsibility of or
in the custody of Contractor or its employees.
34. WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use,
the materials and services being provided and that the City may use same without suit, trouble or
hindrance from Contractor or third parties.
35. PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will
without limitation, at its expense defend the City against all claims asserted by any person that
anything provided by Contractor infringes a patent, copyright, trade secret or other intellectual
property right and must, without limitation, pay the costs, damages and attorneys' fees awarded
against the City in any such action,or pay any settlement of such action or claim. Each party agrees
to notify the other promptly of any matters to which this provision may apply and to cooperate with
each other in connection with such defense or settlement. If a preliminary or final judgment is
obtained against the City's use or operation of the items provided by Contractor hereunder or any
part thereof by reason of any alleged infringement, Contractor will, at its expense and without
limitation, either: (a) modify the item so that it becomes non-infringing; (b) procure for the City the
right to continue to use the item; (c) substitute for the infringing item other item(s) having at least
equivalent capability; or(d) refund to the City an amount equal to the price paid, less reasonable
usage, from the time of installation acceptance through cessation of use, which amount will be
calculated on a useful life not less than five (5)years, plus any additional costs the City may incur
to acquire substitute supplies or services.
36. CONTRACT ADMINISTRATION. The contract will be administered by the Purchasing
Administrator and/or an authorized representative from the using department. All questions
regarding the contract will be referred to the administrator for resolution. Supplements may be
written to the contract for the addition or deletion of services. Payment will be negotiated and
determined by the contract administrator(s).
37. FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by
unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the
public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose
performance is so affected will within five (5) calendar days of the unforeseeable circumstance
notify the other party of all pertinent facts and identify the force majeure event. The party whose
performance is so affected must also take all reasonable steps, promptly and diligently, to prevent
such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or
performance date will be extended for a period equal to the time lost by reason of delay, plus such
additional time as may be reasonably necessary to overcome the effect of the delay, provided
however, under no circumstances will delays caused by a force majeure extend beyond one
hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task
unless agreed upon by the parties.
38. COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative purchasing
agreements with other Arizona government agencies, including the Strategic Alliance for Volume
Expenditures (SAVE) cooperative. Under the SAVE Cooperative Purchasing Agreement, any
contract may be extended for use by other municipalities, school districts and government agencies
in the State of Arizona with the approval of Contractor. Any such usage by other entities must be
in accordance with the statutes, codes, ordinances, charter and/or procurement rules and
regulations of the respective government agency.
The City currently holds or may enter into Intergovernmental Governmental Agreements(IGA)with
numerous governmental entities. These agreements allow the entities, with the approval of
Contractor, to purchase their requirements under the terms and conditions of this Agreement.
A contractor, subcontractor or vendor or any employee of a contractor, subcontractor or vendor
who is contracted to provide services on a regular basis at an individual school shall obtain a valid
fingerprint clearance card pursuant to title 41, chapter 12, article 3.1. A school district governing
board shall adopt policies to exempt a person from the requirements of this subsection if the
person's normal job duties are not likely to result in independent access to or unsupervised contact
with pupils. A school district, its governing board members, its school council members and its
employees are exempt from civil liability for the consequences of adoption and implementation of
policies and procedures pursuant to this subsection unless the school district, its governing board
members, its school council members or its employees are guilty of gross negligence or intentional
misconduct.
Additionally,Contractor will comply with the governing body's fingerprinting policy of each individual
school district and public entity. Contractor, subcontractors, vendors and their employees will not
provide services on school district properties until authorized by the school district.
Orders placed by other agencies and payment thereof will be the sole responsibility of that agency.
The City is not responsible for any disputes arising out of transactions made by others.
39. FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price
increases will be accepted without proper request by Contractor and response by the City's
Purchasing Division.
40. NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at
their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or
registered mail, postage prepaid;(iii)sent via overnight courier;or(iv)sent via facsimile. If provided
by personal delivery, receipt will be deemed effective upon delivery. If sent via certified or
registered mail, receipt will be deemed effective three (3) calendar days after being deposited in
the United States mail. If sent via overnight courier or facsimile, receipt will be deemed effective
two (2)calendar days after the sending thereof.
41. GOVERNING LAW, FORUM. This Agreement is governed by the laws of the State of Arizona.
The exclusive forum selected for any proceeding or suit in law or equity arising from or incident to
this Agreement will be Maricopa County, Arizona.
42. INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto,
supersede all prior oral or written agreements, if any, between the parties and constitutes the entire
agreement between the parties with respect to the work to be performed.
43. PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a
part of this Agreement as if fully stated in it.
44. SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such
provision will be severed from this Agreement, which will otherwise remain in full force and effect.
The parties will negotiate diligently in good faith for such amendment(s)of this Agreement as may
be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or
unenforceability.
45. SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of
this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth
rights and obligations that extend beyond completion, termination, or other expiration of this
Agreement, will survive and remain in full force and effect. Except as specifically provided in this
Agreement, completion,termination, or other expiration of this Agreement will not release any party
from any liability or obligation arising prior to the date of termination.
46. A.R.S.SECTIONS 1-501 and 1-502. Pursuant to Arizona Revised Statutes Sections 1-501 and 1-
502, any person who applies to the City for a local public benefit(the definition of which includes a
grant, contract or loan) must demonstrate his or her lawful presence in the United States. As the
Agreement is deemed a local public benefit, if Contractor is an individual (natural) person or sole
proprietorship, Contractor agrees to sign and submit the necessary documentation to prove
compliance with the statutes as applicable.
mesa az CONTRACT AMENDMENT
Contract Title: Traffic Count Services
Contract Number: 2016183 MA/PO Number: 16*418Y3
Amendment Number: 1
Description of Change: Renew contract for one (1) year under the same terms, conditions, and
pricing. Contract will expire June 30, 2020.
Current contract amount: $40,000.00
Change Amount: E Increase J Decrease ® No Change
Effective Date of Change: July 1, 2019
Acceptance: On behalf of the undersigned Contractor, I have given careful consideration to this Contract Amendment
and hereby agree to the change(s)and except that as amended herein, all provisions of the Contract remain in full force
and effect.
Field Data Services of Arizona: City of Mesa:
Digitally signed by Edward Quedens
DN:cn=Edward Quedens,o=Ctiy of
Mesa,Arizona,ou=Business Services,
�- email=ed.quedens@mesaaz.gov,
cUS
Signature Signature ' Date:2019.05.07 13:37:08-07'00'
Adobe Acrobat version:
Jerry orris 2019.010.20099
Printed Name City Manager Designee
April 2, 2019
Date Date
Reviewed by: h,_,w,.--
l tN v'
�/ 4/2/19
Brandy Andersen, CPPB, MPA
Procurement Officer
Rev.July 2017