HomeMy WebLinkAboutAG-S-067 - Traffic Count Consultants Inc CITY OF AUBURN
AGREEMENT FOR SERVICES
AG-S-067
THIS AGREEMENT made and entered into on this day
2013, by and between the City of Auburn, a municipal corporation of the State of
Washington, hereinafter referred to as "City' and Traffic Count Consultants, Inc.,
2431 Boulevard Heights Loop SE, Olympia, WA 98501, hereinafter referred to as the
"Provider"
WITNESSETH
WHEREAS, the City is in need of the services of individuals, employees or firms
for performing traffic counts, and,
WHEREAS, the City desires to retain the Provider to provide said services in
connection with the City's work; and,
WHEREAS, the Provider is qualified and able to provide services in connection
with the City's needs for the above-described work, and is willing and agreeable to
provide such services upon the terms and conditions herein contained.
NOW, THEREFORE, the parties hereto agree as follows.
1 Scope of Services
The Provider agrees to perform in a good and professional manner the tasks
described on Exhibit "A" which is attached hereto and by this reference made a
part of this Agreement. (The tasks described on Exhibit "A" shall be individually
referred to as a "task," and collectively referred to as the "services.") The Provider
shall perform the services as an independent contractor and shall not be deemed,
by virtue of this Agreement and the performance thereof, to have entered into any
partnership, joint venture, employment or other relationship with the City
2. Additional Services
In the event additional services with respect to related work are required beyond
those specified in the Scope of Work, and not included in the compensation listed
in this Agreement, a contract amendment shall be set forth in writing and shall be
executed by the respective parties prior to the Provider's performance of the
services there under, except as may be provided to the contrary in Section 3 of this
Agreement. Upon proper completion and execution of an Amendment (agreement
for additional services), such Amendment shall be incorporated into this
Agreement and shall have the same force and effect as if the terms of such
Amendment were a part of this Agreement as originally executed. The
performance of services pursuant to an Amendment shall be subject to the terms
and conditions of this Agreement except where the Amendment provides to the
contrary, in which case the teems and conditions of any such Amendment shall
control. In all other respects, any Amendment shall supplement and be construed
in accordance with the terms and conditions of this Agreement.
3. Performance of Additional Services Prior to Execution of an Amendment
The parties hereby agree that situations may arise in which services other than
those described on Exhibit "A" are desired by the City and the time period for the
completion of such services makes the execution of Amendment impractical prior
to the commencement of the Provider's performance of the requested services.
The Provider hereby agrees that it shall perform such services upon the written
request of an authorized representative of the City pending execution of an
Amendment, at a rate of compensation to be agreed to in connection therewith.
The invoice procedure for any such additional services shall be as described in
Section 7 of this Agreement.
4 Provider's Representations
The Provider hereby represents and warrants that the Provider has all necessary
licenses and certifications to perform the services provided for herein, and is
qualified to perform such services.
5. City's Responsibilities
The City shall do the following in a timely manner so as not to delay the services of
the Provider-
a. Designate in writing a person to act as the City's representative with respect to
the services. The City's designee shall have complete authority to transmit
instructions, receive information, interpret and define the City's policies and
decisions with respect to the services.
b Furnish the Provider with all information, criteria, objectives, schedules and
standards for the project and the services provided for herein.
c. Arrange for access to the property or facilities as required for the Provider to
perform the services provided for herein.
d. Examine and evaluate all studies, reports, memoranda, plans, sketches, and
other documents prepared by the Provider and render decisions regarding such
documents in a timely manner to prevent delay of the services.
6 Acceptable Standards
The Provider shall be responsible to provide, in connection with the services
contemplated in this Agreement, work products and services of a quality and
professional standard acceptable to the City
7 Compensation
As compensation for the Provider's performance of the services provided for
herein, the City shall pay the Provider the fees and costs specified on Exhibit "B"
which is attached hereto and by this reference made a part of this Agreement (or
as specified in an Amendment). The Provider shall submit to the City an invoice or
statement of time spent on tasks included in the scope of work provided herein,
and the City shall process the invoice or statement in the next billing/claim cycle
following receipt of the invoice or statement, and shall remit payment to the
Provider thereafter in the normal course, subject to any conditions or provisions in
this Agreement or Amendment. The Agreement number must appear on all
invoices submitted. Compensation for this agreement shall not exceed
$20,000.00.
8 Time for Performance and Term of Agreement
The Provider shall not begin any work under this Agreement until authorized in
writing by the City The Provider shall perform the services provided for herein in
accordance with the direction and scheduling provided on Exhibit "A" attached
hereto and incorporated herein by this reference, unless otherwise agreed to in
writing by the parties. The Term of this Agreement shall terminate on December
31, 2013.
9 Ownership and Use of Documents
All documents, reports, memoranda, diagrams, sketches, plans, surveys, design
calculations, working drawings and any other materials created or otherwise
prepared by the Provider as part of his performance of this Agreement (the "Work
Products") shall be owned by and become the property of the City, and may be
used by the City for any purpose beneficial to the City
10 Records Inspection and Audit
All compensation payments shall be subject to the adjustments for any amounts
found upon audit or otherwise to have been improperly invoiced, and all records
and books of accounts pertaining to any work performed under this Agreement
shall be subject to inspection and audit by the City for a period of up to three (3)
years from the final payment for work performed under this Agreement.
11 Continuation of Performance
In the event that any dispute or conflict arises between the parties while this
Contract is in effect, the Provider agrees that, notwithstanding such dispute or
conflict, the Provider shall continue to make a good faith effort to cooperate and
continue work toward successful completion of assigned duties and
responsibilities.
12. Administration of Agreement.
This Agreement shall be administered by Jennifer Hodge, on behalf of the
Provider, and by the Mayor of the City, or designee, on behalf of the City Any
written notices required by the terms of this Agreement shall be served on or
mailed to the following addresses:
City of Auburn Traffic Count Consultants, Inc.
Pablo Para Jennifer Hodge
Transportation Manager Owner
25 W Main St 2431 Boulevard Heights Loop SE
Auburn, WA 98001-4998 Olympia, WA 98501
Phone: 253.288 7447 Phone. 253.926.6009
Fax: 253.931.3053 Fax: 253 922.7211
E-mail: ppara(a-)auburnwa.gov E-mail: team(a)TC2inc.com
13. Notices
All notices or communications permitted or required to be given under this
Agreement shall be in writing and shall be deemed to have been duly given if
delivered in person or deposited in the United States mail, postage prepaid, for
mailing by certified mail, return receipt requested, and addressed, if to a party of
this Agreement, to the address for the party set forth above.
Either party may change his, her or its address by giving notice in writing, stating
his, her or its new address, to the other party, pursuant to the procedure set forth
above.
14 Insurance
The Provider shall procure and maintain for the duration of this Agreement,
insurance against claims for injuries to persons or damage to property which may
arise from or in connection with the performance of the work hereunder by the
Provider, or the Provider's agents, representatives, employees, or subcontractors.
Provider's maintenance of insurance as required by the Agreement shall not be
construed to limit the liability of the Provider to the coverage provided by such
insurance, or otherwise limit the City's recourse to any remedy available at law or
in equity
The Service Provider shall obtain insurance of the types described below-
a. Automobile Liability insurance, covering all non-owned, hired and leased
vehicles. Coverage shall be written on Insurance Services Office (ISO) form
CA 00 01 or a substitute form providing equivalent liability coverage. If
necessary, the policy shall be endorsed to provide contractual liability
coverage. Provider shall maintain automobile insurance with minimum
combined single limit for bodily injury and property damage of$1,000,000 per
accident.
b. Commercial General Liability insurance shall be written on ISO occurrence form
CG 00 01 and shall cover liability arising from premises, operations,
independent contractors, stop gap liability, personal injury and advertising
injury, and liability assumed under an insured contract. There shall be no
endorsement or modification of the Commercial General Liability insurance for
liability arising from explosion, collapse or underground property damage. The
City shall be named as an insured under the Contractor's Commercial General
Liability insurance policy with respect to the work performed for the City using
ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured-
Completed Operations endorsement CG 20 37 10 01 or substitute
endorsements providing equivalent coverage. Commercial General Liability
insurance shall be written with limits no less than $1,000,000 each occurrence,
$2,000,000 general aggregate, and a $2,000,000 products-completed
operations aggregate limit.
c. Worker's Compensation coverage as required by the Industrial Insurance laws
of the State of Washington
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability insurance.
a. The Provider's insurance coverage shall be primary insurance as respects the
City Any insurance, self-insurance, or insurance pool coverage maintained by
the City shall be excess of the Provider's insurance and shall not contribute
with it.
b. The Provider's insurance shall be endorsed to state that coverage shall not be
cancelled by either party, except after 30 days prior written notice by certified
mail, return receipt requested, has been given to the City
Insurance is to be placed with an authorized insurer in Washington State. The
insurer must have a current A.M. Best rating of not less than A. VII.
Provider shall furnish the City with certificates of insurance and a copy of the
amendatory endorsements, including but not necessarily limited to the additional
insured endorsement, evidencing the insurance requirements of the Provider
before commencement of the work.
15. Indemnification/Hold Harmless
The Provider shall defend, indemnify and hold the City and its officers, officials,
employees, and volunteers harmless from any and all claims, injuries, damages,
losses, or suits including attorney fees, arising out of or in connection with the
performance of this Agreement, except for injuries and damages caused by the
sole negligence of the City
Should a court of competent jurisdiction determine that this Agreement is subject to
RCW 4.24 115, then, in the event of liability for damages arising out of bodily injury
to persons or damages to property caused by or resulting from the concurrent
negligence of the Provider and the City, its officers, officials, employees, and
volunteers, the Provider's liability hereunder shall be only to the extent of the
Provider's negligence. It is further specifically and expressly understood that the
indemnification provided herein constitutes the Provider's waiver of immunity under
Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification
This waiver has been mutually negotiated by the parties. The provisions of this
section shall survive the expiration or termination of this Agreement.
16. Assignment
Neither party to this Agreement shall assign any right or obligation hereunder in
whole or in part, without the prior written consent of the other party hereto. No
assignment or transfer of any interest under this Agreement shall be deemed to
release the assignor from any liability or obligation under this Agreement, or to
cause any such liability or obligation to be reduced to a secondary liability or
obligation.
17 Nondiscrimination
The Provider may not discriminate regarding any services or activities to which this
Agreement may apply directly or through contractual, hiring, or other arrangements
on the grounds of race, color, creed, religion, national origin, sex, age, or where
there is the presence of any sensory, mental or physical handicap.
18 Amendment, Modification or Waiver
No amendment, modification or waiver of any condition, provision or term of this
Agreement shall be valid or of any effect unless made in writing, signed by the
party or parties to be bound, or such party's or parties' duly authorized
representative(s) and specifying with particularity the nature and extent of such
amendment, modification or waiver Any waiver by any party of any default of the
other party shall not affect or impair any right arising from any subsequent default.
Nothing herein shall limit the remedies or rights of the parties hereto under and
pursuant to this Agreement.
19 Termination and Suspension
Either party may terminate this Agreement upon written notice to the other party if
the other party fails substantially to perform in accordance with the terms of this
Agreement through no fault of the party terminating the Agreement.
The City may terminate this Agreement upon not less than seven (7) days written
notice to the Provider if the services provided for herein are no longer needed from
the Provider
If this Agreement is terminated through no fault of the Provider, the Provider shall
be compensated for services performed prior to termination in accordance with the
rate of compensation provided in Exhibit "B" hereof
20 Parties in Interest
This Agreement shall be binding upon, and the benefits and obligations provided
for herein shall inure to and bind, the parties hereto and their respective
successors and assigns, provided that this section shall not be deemed to permit
any transfer or assignment otherwise prohibited by this Agreement. This
Agreement is for the exclusive benefit of the parties hereto and it does not create a
contractual relationship with or exist for the benefit of any third party, including
contractors, sub-contractors and their sureties.
21 Costs to Prevailing Party
In the event of such litigation or other legal action, to enforce any rights,
responsibilities or obligations under this Agreement, the prevailing parties shall be
entitled to receive its reasonable costs and attorney's fees.
22. Applicable Law
This Agreement and the rights of the parties hereunder shall be governed by and
interpreted in accordance with the laws of the State of Washington and venue for
any action hereunder shall be in of the county in Washington State in which the
property or project is located, and if not site specific, then in King County,
Washington; provided, however, that it is agreed and understood that any
applicable statute of limitation shall commence no later than the substantial
completion by the Provider of the services.
23. Captions, Headings and Titles
All captions, headings or titles in the paragraphs or sections of this Agreement are
inserted for convenience of reference only and shall not constitute a part of this
Agreement or act as a limitation of the scope of the particular paragraph or
sections to which they apply As used herein, where appropriate, the singular shall
include the plural and vice versa and masculine, feminine and neuter expressions
shall be interchangeable. Interpretation or construction of this Agreement shall not
be affected by any determination as to who is the drafter of this Agreement, this
Agreement having been drafted by mutual agreement of the parties.
24 Severable Provisions
Each provision of this Agreement is intended to be severable. If any provision
hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity
shall not affect the validity of the remainder of this Agreement.
25 Entire Agreement
This Agreement contains the entire understanding of the parties hereto in respect
to the transactions contemplated hereby and supersedes all prior agreements and
understandings between the parties with respect to such subject matter
26. Counterparts
This Agreement may be executed in multiple counterparts, each of which shall be
one and the same Agreement and shall become effective when one or more
counterparts have been signed by each of the parties and delivered to the other
party
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed effective the day and year first set forth above.
CITY TRAFFIC COUNT CONSULTANTS, INC.
Peter B. Lewis, Mayor gnature
Name. P.r1r1 f L .
Att st: Title Owner J QreS�deY1
Danielle Daskam City Clerk Signature
Name.
App• ved o Title. n
ki�e iel B. Heid, City o ey Federal Tax ID No —1 1— 15j(p4 oqq
Exhibit A
Task#1 Provide Average Daily Counts (7 day) for locations listed in Table A, Column B
and noted in Column C using tube volume counters within the date parameters listed below
Total number of locations is 59
Task#2: Provide Average Daily Counts (7 day) including vehicle classification summary of
the traffic volume for locations listed in Table A, Column B and noted in Column D using
tube volume counters within the date parameters listed below Total number of locations is
69
Task#3: Provide two hour AM and PM Peak Manual Turn Movement Count at the location
of Lake Tapps Parkway and Sumner Tapps Highway to be completed immediately
Counts 1-18 for Lea Hill are to be completed between April 14, 2013 through May 25, 2013.
Counts 19-128 for West Hill, North Auburn, North/Mid Auburn, South Auburn and Lakeland Hills are
to be completed between September 8, 2013 through November 2, 2013.
TABLE A
A. B: C: D:
7 7 Day ADT&
Location Location Between Specific Location Day Classification
# ADT Data
1 104th Ave SE Green River Rd 31012 104th Ave v
and 8th St NE SE
LHRD
2 Green River Road at North City Limits at North City Limits v
3 Lea Hill Road/SE 105th PI SE and 31808 Lea Hill Rd v
312th 112th Ave SE SE
4 112th Ave SE SE 320th St and 31606 112th Ave v
Lea Hill Rd SE
5 SE 320th 116th Ave SE and 11901 SE 320th St v
124th Ave SE
6 124th Ave SE SE 312th St and 350' south of SE v
SE 320th St 316th St
7 Lea Hill Road/SE 112th Ave SE and 11805 Lea Hill Rd c
312th 124th Ave SE
8 124th Ave SE SE 304th St and 30726 124th Ave v
SE 312th St SE
9 132nd Ave SE SE 304th St and 30522 132nd Ave v
SE 312th ST SE
10 SE 304th St 132nd Ave 750'west of SR18 c
SE/Signal and WB Ramps
SR18
11 SE 304th St 124th Ave SE and 12922 SE 304th St v
132nd Ave SE
12 SE 304th St 116th Ave SE and 350'east of 116th v
124th Ave SE Ave SE
A. B: C: D:
7 7 Day ADT S
Location Location Between Address Day Classification
# ADT Data
13 SE 304th Green River Rd 1112 304th Way v
Way/304th and 112th Ave SE
Ave/304th St
14 112th Ave SE SE 304th St and 350'south of 301st v
SE 281 st St Way
15 124th Ave SE SE 284th St and 350'south of 300th v
SE 304th St Way
16 132nd Ave SE SE 282nd St and 200' south of SE v
SE 304th St 299th St
17 SE 281 st Ave 112th Ave SE and 10930 SE 281st St v
108th Ave SE
18 W Valley HWY 37th St NW and 28203 W Valley c
North City Limits I Hwy
19 37th St NW West Valley Hwy 300'west of c
and Emerald SRI 67 overpass
Downs Drive
20 W Valley Hwy 37th St NW and 2601 West Valley c
15th St NW Hwy
21 15th St NW West Valley Hwy c
and SR 167
22 W Valley Hwy West Main St and 500' south of c
15th St NW Knickerbocker Dr
NW
23 W Main St West Valley Hwy c
and Access
Roads
24 W Valley Hwy Peasley Canyon 500' south of c
Rd and West Main Main Street
St
25 Peasley Canyon 51st Ave S and 1,300'west of c
Road West Valley Hwy West Valley Hwy
26 15th St NW/Terrace W St NW and West 400' north of V St v
Dr Valley Hwy NW
27 S 316 St 51 st Ave S and W 5428 S 316th St v
St NW
28 51 st Ave S S 296th St and S 400' north of S v
316th St 300th PI
29 51 st Ave S S 288th St and S North of 29506 v
296th St 51 st Ave S
30 Frontage Rd South of S 277th St 4510 Frontage Rd v
31 S 277th St Frontage Rd and 350'west of D St c
D St NW NW
32 S 277th St Auburn Way 350'west of D St c
North and D St NE NE
33 S 277th St D St NW and 500'west of c
Auburn Way Auburn Way
North North
34 D St NW 44th St NW and S v
277th St
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A. B: C: D:
7 7 Day ADT &
Location Location Between Address Day Classification
# ADT Data
104 R St SE 21st St SE and 2507 R St SE v
29th St SE
105 Riverwalk Dr SE Auburn Way South 50' south of 28th St v
and 29th St SE SE
106 29th St SE A St SE and M St 1037 29th St SE v
SE
107 R St SE 29th St SE and 100' south of 34th v
37th St SE St SE
108 A St SE 29th St SE and 3737 A St SE c
41st St SE
109 Ellingson Rd W of C West of C St SW 219 Ellingson Rd v
St SW
110 41st St SE A St SE and C St at railroad c
SW overpass
111 41st St SE A St SE and D St 500'west of D St c
SE NE
112 Oravetz Rd Mill Pond Dr and 750' South of v
Kersey Way Kersey Way
113 R St SE/Kersey Oravetz Rd SE c
Way and Stuck River
Dr SE
114 Kersey Way SE Oravetz Rd and 4700 Kersey Way v
53rd St SE
115 A St SE 41st St SE and 4502 A St SE c
Lakeland Hills
Way
116 Lakeland Hills Way East Valley Hwy 325 Lakeland Hills v
and Oravetz Rd Way
117 Oravetz Rd Lakeland Hills Way 400' South of v
and Mill Pond Dr southern HS
Driveway
118 Lakeland Hills Way Oravetz Rd and 500 Lakeland Hills v
Evergreen Way
119 E Valley Hwy Lakeland Hills 6000 E Valley c
Way and Lake Hwy
Tapps Parkway
120 Lake Tapps East Valley Hwy at City Limits c
Parkway and West City
Limits
121 E Valley Hwy at the At South City at City Limits c
City Limits Limits
122 Lakeland Hills Evergreen and 6400 Lakeland v
Lake Tapps Hills Way
Parkway
123 Lake Tapps East Valley Hwy 1400 Lake Tapps c
Parkway and Lakeland Pkwy
Hills Way
A. B: C: D:
7 7 Day ADT&
Location Location Between Address Day Classification
# ADT Data
124 Lake Tapps Lakeland Hills 1502 Lake Tapps c
Parkway Way and Sumner Pkwy
Tapps Parkway
125 Sumner Tapps Lake Tapps 1,000' north of c
Hwy E Parkway and 16th 16th St E
St E
126 Lake Tapps Pkwy Sumner Tapps 2800 Lake Tapps c
SE Hwy and 182nd Pkwy
Ave SE
127 Evergreen Way SE Bennett Ave SE v
Kersey Way SE
128 Kersey Way SE 53rd St SE and 200' north of 2nd v
City Limits St E
DELIVERABLES for entire project:
For all data collected the Provider shall provide, to the City, electronic files provided in
Excel and PDF format. Data will be due to the City within 2 weeks from conclusion of
data collection.
Exhibit B
FEE SCHEDULE
Average Daily Counts, 7-day $ 10500 per location
Average Daily Counts, 7-day and Classification $ 185.00 per location
2 Hour AM and PM Peak Turning Movement $ 200 00 per location
Authorized budget: $20,000.00
Task # 1 $ 6,195 00
Task # 2: $12,76500
Task # 3. $ 200.00
$19,160.00