HomeMy WebLinkAbout25H - AGMT - TRAFFIC COUNTING SRVSREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JANUARY 20, 2015
CLERK OF COUNCIL USE ONLY:
TITLE: APPROVED
AGREEMENT FOR TRAFFIC COUNTING
❑ As Recommended
SERVICES WITH TRANSPORTATION
❑ As Amended
El Ordinance onIstReading
STUDIES, INC.
❑ Ordinance on 2"' Reading
(STRATEGIC PLAN NO. 1, 3, B)
❑ implementing Resolution
2
❑ Set Public Hearing For
CITY MANAGER
RECOMMENDED ACTION
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute an agreement with Transportation
Studies, Inc., subject to nonsubstantive changes approved by the City Manager and City Attorney,
to provide traffic counting services for the one -year term expiring February 28, 2016, with a
provision for two one -year extensions exercisable by the City Manager and the City Attorney, in an
amount not to exceed $30,000 annually.
DISCUSSION
The City outsources annual traffic counting services to conduct counts for neighborhood studies,
the bi- annual citywide traffic volume study, and the annual traffic signal and left -turn signal priority
studies. The scope of services for this agreement also includes data collection and speed surveys
in support of the speed hump program.
A Request for Proposals (RFP) for annual traffic counting services was posted on the City website
on Wednesday, November 19, 2014. Five consultants submitted proposals. The proposals were
reviewed by a four- member committee comprised of Public Works Agency staff. The ratings were
based on experience, qualifications, project understanding, scheduling, past performance, and the
overall proposal. Once rated, the sealed bids of the top three firms were opened.
The RFP required each firm to submit their proposed fees for a given work scenario so that a
comparison could be made. The scenario costs were for comparison purposes only and not
related to the actual work to be done. The proposal
scores and scenario costs are:
Rank
Firm
Average
Score
Total Scenario Cost
1
Transportation Studies, Inc.
91
$19,815
2
Quality Counts
87
$55,800
3
Quality Traffic Data, LLC
85
$19,850
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Agreement for Traffic Counting Services
January 20, 2015
Page 2
Based on rating and cost, it is recommended that Transportation Studies, Inc., be retained for an
amount not to exceed $30,000 annually for traffic data collection services. The consultant will be
paid only for the services performed as requested by staff and in accordance with the rates
submitted in its proposal. The contract will include an option to extend the agreement for two
additional one -year terms for a total maximum of three years.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #1 Community Safety, Objective #3
(promote fiscal accountability to ensure financial responsibility at all levels of the organization),
Strategy B (promote ongoing efforts to obtain grant funding for activities that will assist in
preventing, enforcing and reducing criminal activity and traffic collisions).
FISCAL IMPACT
The total amount of the agreement is not to exceed $30,000 per year. $30,000 in Measure M2
Fairshare funds has been budgeted in the FY 14/15 Capital Improvement Program (Project No. 15-
6837).
Fre Mousavipour
Executive Director
Public Works Agency
FM/WG /ZK
Exhibit 1: Agreement
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
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AGREEMENT FOR PROVISION OF
TRAFFIC COUNTING SERVICES
T141S AGREEMENT made and entered into this 20th day of January 20, 2015 by and between
Transportation Studies, Inc„ a California corporation (hereinafter "Consultant "), and the City of Santa
Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of
the State of California (hereinafter "City ").
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of traffic
counting and data collection services.
B, Consultant represents that it is able and willing to provide such services to the City.
C. A Request for Proposals for annual traffic counting services was posted on the City website
on November 19, 2014. The City received five proposals.
D. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this Agreement
will be performed in compliance with such standards as may reasonably be expected from a
professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms
and conditions hereinafter set forth, the parties agree as follows;
1. SCOPE OF SERVICES
Consultant shall perform traffic counting services on an on -call basis, including traffic counts for
neighborhood surveys, bi- annual city -wide Average Daily Traffic study, city -wide Turning Movement
study, and counts for signal priority list studies, in addition to pedestrian counts, speed surveys, and
vehicle classifications. Said services will be provided as set forth in the Traffic Counting Services Scope
of Services, attached hereto as Exhibit A and incorporated by this reference.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates
and charges identified in Consultant's Fee Schedule, attached hereto as Fxhibit B and incorporated by
reference. The total sum to be expended under this Agreement shall not exceed $30,000.00 per year,
during the term of this Agreement.
b. Payment by City shall be made within thirty (30) days following receipt of proper invoice
evidencing work performed, subject to City accounting procedures. Payment need not be made for work
which fails to meet the standards of performance set forth in the Recitals which may reasonably be
expected by City,
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3. TERM
This Agreement shall commence on the date first written above and terminate on February 28,
2016, unless terminated earlier in accordance with Section 13, below. This Agreement may be renewed
for up to two additional one -year terms upon the same terms and conditions set forth herein. The term of
this Agreement may be extended upon a writing executed by the City Manager and the City Attorney.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an independent
contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to
create an employer- employee relationship, a joint venture relationship, or to allow the City to exercise
discretion or control over the professional manner in which Consultant performs the services which are
the subject matter of this Agreement; however, the services to be provided by Consultant shall be
provided in a manner consistent with all applicable standards and regulations governing such services.
Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and
similar taxes relating to employees and shall be responsible for all applicable withholding taxes.
5. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain and
shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial general
liability insurance which shall include, but not be limited to protection against claims arising from bodily
and personal injury, including death resulting therefrom and damage to property, resulting from any act or
occurrence arising out of Consultant's operations in the performance of this Agreement, including,
without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following:
single limit coverage applying to bodily and personal injury, including death.resulting therefrom, and
property damage, in the total amount of $1,000,000 per occurrence. Such insurance shall (a) mane the
City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be
primary and not contributory with respect to insurance or self - insurance programs maintained by the City;
and (c) contain standard separation of insureds provisions.
b. Business automobile liability insurance, or equivalent form, with a combined single limit of
not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and
non -owned automobiles.
c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the
Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for
worker's compensation or to undertake self- insurance. Prior to commencing the performance of the work
under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with
limits not toss than $1,000,000 per accident.
d, The following requirements apply to the insurance to be provided by Consultant pursuant to
this section:
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(i) Consultant shall maintain all insurance required above in fall force and effect for
the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of this
Agreement and shall be approved in form by the City Attorney.
(iii) Certificates and policies shall state that the policies shall not be canceled or
reduced in coverage or changed in any other material aspect without thirty (30)
days prior written notice to the City.
e. If Consultant fails or refuses to produce or maintain the insurance required by this section or
fails or refuses to furnish the City with required proof that insurance has been procured and is in force and
paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such
termination shall not effect Consultant's right to be paid for its time and materials expended prior to
notification of termination. Consultant waives the right to receive compensation and agrees to indenufy
the City for any work performed prior to approval of insurance by the City.
6. INDEMNIFICATION
Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability: (1) for personal injury,
damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal
injury, including death, and claims for property damage, which may arise from the direct or indirect
operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting
on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any
claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by
reason of effects arising from this Agreement. This indemnity and hold harmless agreement applies to all
claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have
been suffered, by reason of the events referred to in this Section or by reason of the effects arising from
this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the
defense of the City, including fees and costs for special counsel to be selected by the City, regarding any
action by a third party challenging the validity of this Agreement, or asserting that personal injury,
damages, just compensation, restitution, judicial or equitable relief due to personal or property rights
arises by reason of the effects arising from this Agreement. City may make all reasonable decisions with
respect to its representation in any legal proceeding.
71 CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such information is
reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or
disclose such information except in the performance of this Agreement, and further agrees to exercise the
same degree of care it uses to protect its own information of like importance, but in no event less than
reasonable care. "Confidential Information" shall include all nonpublic information. Confidential
information includes not only written information, but also information transferred orally, visually,
electronically, or by other means. Confidential information disclosed to either party by any subsidiary
and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and
nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources;
(b) is, through no fault of the Consultant disclosed in a publicly available source; (e) is in rightful
possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by
operation of law; or (e) is independently developed by the Consultant without reference to information
disclosed by the City,
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8. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct or
indirect, which would conflict in any manner with performance of services specified, under this
Agreement.
NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall
be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or
certified mail, postage prepaid, or sent by telefacsimilc or other telegraphic communication in the manner
provided in this Section, to the following persons:
To City: Cleric of the City Council
City of Santa Ana
20 Civic Canter Plaza (M -30)
P.O. Box 1988
Santa Ana, CA 92702 -1988
Fax No. 714- 647 -6956
With courtesy copies to:
Executive Director of the Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M -21)
P.O. Box 1988
Santa Ana, California 92702
Fax No. 714 -647 -5622
and City Attorney
City of Santa Ana
20 Civic Center Plaza (M -29)
P.Q. Box 1988
Santa Ana, California 92702
Fax No. 714- 647 -6515
To Consultant: Transportation Studies, Inc.
Patti A. Totten
2640 Walnut Avenue, Suite H
Tuatin, California 92780
Fax No. 714 -508 -3602
A party may change its address by giving notice in writing to the other party. Thereafter,
communication shall be addressed and transmitted to the new address. If sent by mail, communication
shall be effective or deemed to have been given three (3) days after it has been deposited in the United
States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by
telefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours
after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed
as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City
holidays shall be excluded.
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10. DELIVERY OF WORK PRODUCT
Consultant shall deliver to City all work product which results fi•om the services provided. Said
work product shall be submitted in a hard copy and produced in a form compatible with City's computer
system, as agreed between the Project Manager and Consultant.
In regard to copyrightable material produced as a deliverable under this Agreement, including but
not limited to books, reports, plans, photographs, drawings, films, recordings, videotapes, and computer
programs, Consultant agrees, for itself and its affected officers, employees, agents, contractors, and
volunteer workers, that (a) other such material may not be copyrighted without prior review from the
City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its
officers, agents and employees acting within the scope of their official duties, as a condition of payment
to the Consultant, a royalty -free, nonexclusive, irrevocable license throughout the world for governmental
purposes to disclose, publish, translate, reproduce, and use such materials.
11. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event
of conflict between the terms of this Agreement and any attachments hereto, the terms of this
Agreement shall prevail. This Agreement may not be modified except by written instrument signed by
the City and by an authorized representative of Consultant. The parties agree that any terms or conditions
of waxy purchase order or other instrument that are inconsistent with, or in addition to, the teams and
conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement
acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have
been made by any party, or anyone acting on behalf of any party, which are not embodied herein.
12. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written
consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior
written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit
the City's ability to have any of the services which are the subject to this Agreement performed by City
personnel or by other consultants retained by City.
13. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of termination, subject
to the following conditions:
a, As a condition of such payment, the Executive Director may require Consultant to deliver to the
City all work product completed as of such date, and in such case such work product shall be the property of
the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the
City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance specified in
the Recitals of this Agreement.
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14. DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual
orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the
recruitment, selection, training, utilization, promotion, termination or other employment related activities,
Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal,
state and local laws and regulations.
15. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined
and governed by the laws of the State of California. Both parties further agree that Orange County,
California, shall be the venue for any action or proceeding that may be brought or arise out of, in
connection with or by reason of this Agreement.
16. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits,
approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by
the laws and regulations of the United States, the State of California, the City of Santa Ana and all other
governmental agencies. Consultant shall notify the City immediately and in writing of its inability to
obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be
cause for termination of this Agreement,
17. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority
and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City
filly, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such
authority or power is not, in fact, held by the signatory or is withdr-awn.
b. All Exhibits .referenced herein and attached hereto shall be incorporated as if fully set forth in the
body of this Agreement.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above
written,
ATTEST:
MARIA D. FTWZAR
Clerk of the Council
Ryan
AS TO FORM:
FOR APPROVAL:
CITY OF SANTA ANA
DAVID CAVAZOS
City Manager
TRANSPORTATION STUDIES, INC.
PATTY TOLTEN
FRED MOIJSAVIPOUR President
Executive Director - PWA
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EXHEBIT A
CITY OF SANTA ANA
TRAFFIC COUNTING SERVICES
SCOPE OF SERVICES
I. DESCRIPTION AND SCOPE OF WORK
The City of Santa Ana is issuing this Request for Proposals (RFP) for Traffic Counting Services.
Neighborhood requests for City assistance in solving intrusive traffic problems often require a
series of traffic counts to be taken at specific locations over several days to confirm and then to
monitor the intrusive traffic. In such a situation, it is important that the same firm be used
throughout the study for consistency and reliability.
In addition to typical counts for stop sign warrants, the annual contract for traffic counting
services may also include the bi- annual city -wide Average Daily Traffic study, City -wide Turning
Movement study, and traffic counts for our signal priority list studies. Pedestrian counts, speed
surveys, vehicle classifications (using machines) and /or other services may also be requested
as part of this contract. For services not specifically listed, a price for such services will be
agreed to, if requested.
From the proposals received, up to two firms will be selected. The City will enter into an
agreement with each firm. As traffic counting needs are identified, they will be distributed among
the selected firm based upon each firm's ability to meet the needs of the particular study. The
City reserves the right to assign the work in any manner which will best serve the City's
interests.
A. IMPLEMENTATION
1. City staff shall have the right to modify, reduce, or delete the services as needed by
City.
2. The term of the contract shall be for 1 year which shall commence on the date that
City Council approves the award or the date that all required bonds and insurance
have been approved by the City Attorney, whichever occurs last.
3. City shall retain an option to renew on the same terms and conditions as set forth
herein for 2 additional one -year terms, for a total maximum total of 3 years.
B. SCOPE OF WORK
The Consultant shall provide necessary services for collecting traffic count data for
various studies on an as needed basis. This may include, but not be limited to 24 -hour ADT
counts, 24 -hour entering traffic volume counts, intersection turning movement counts for 2, 4, or
6 -hour, etc. periods, hourly pedestrian counts, speed surveys, and machine vehicle classifier
data.
For the assigned tasks, the Consultant shall compile the traffic data and provide the
following to the City:
• For each ADT volume count, a two- directional 15- minute count sheet with hourly totals,
similar in format to the sample set forth in Attachment 1. Note: Consultant must be able
to provide up to 25 simultaneous count locations for neighborhood traffic counts.
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• For each entering traffic volume count, a 15- minute count sheet with hourly totals,
containing all legs of the intersection (sample in Attachment I).
• For each manual turning movement count, a 15- minute count sheet for each count
period, with the actual peak hour(s) identified (sample in Attachment 1). Note: Consultant
must be able to provide up to 15 simultaneous count locations for neighborhood traffic
counts or for various intersection locations throughout the City.
• For each Intersection pedestrian count, a 15- minute count sheet for each count period,
plus a count sheet of manual (vehicle) turning movements, if requested. Note: Counts
categorized by age group may be requested for certain locations.
• For the Citywide Average Daily Traffic (ADT) study:
a. Count sheets as described above. Note: Consultant should be prepared to conduct
counts at 280 locations within a 2 -month period.
b. "Traffic Census" booklet (summary of ADTs), 25 bound copies and the associated
electronic files.
c. Traffic Flow Maps, sample in Attchment I, will be included in the "Traffic Census"
booklet. City will furnish the street map on computer diskette, compatible with
AutoCAD or Microstation. Depending on the cost provided by the Consultant, the
City may choose to complete this map in- house.
d. If, due to the cost limit of the contract, more than one Consultant is needed to
complete the study, the City will furnish the count data collected by the "secondary"
Consultant to the "prime" Consultant who is compiling the "Traffic Census" booklet.
The "prime" Consultant will include this data in the count summary and on the flow
maps of the "Traffic Census" booklet.
e, Before the Consultant(s) begin the study, a schedule will be developed in
cooperation with the Consultant(s) regarding when the counts will be conducted, and
when the count data and "Traffic Census" booklet will be delivered.
• Computer file(s) for all counts conducted by the consultant, including manual or machine
counts, in Excel spreadsheet format every three (3) months. Computerized files shall
also be provided upon city' staff request.
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EXHIBIT B
a/
of S1 iYansportafion Studies, hie. A Traffic Data Collection Company
CITY OF XANTA ANA
Fee Schedule
24 Hour Machine Counts (Bi- Directional oi, directional)
1 to 300 Locations $ 30.00 per location
2411ow•Machine Counts (flpproach)
4 Leg Intersection $ 110,00 per location
3 Leg Intersection $ 82.50 per location
.Manual Turning Movement Counts
1 person per location $ 33.00 per hour
2 people per location $ 66.00 per hour
24,Tour Speed and Axle Classification Counts
2 Lanes $ 80.00 per location
3 -4 Lanes $ 160.00 per location
1 -100 Locations
100 -over
Count & Video
Video Only
Radar Surveys
Mica
10
25H -12
$ 35.00 per location
$ 30.00 per location
$ 45.00 per Hour
$ , 10.00 per Hour
ATTACHMENT D: PROPOSERS CERTIFICATION and PROPOSAL ITEM
PRICING
Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for
Proposals, I have examined the Scope of Services (Attachment A) and am familiar with the scope of work
locations. I am familiar with all the existing conditions and limitation that may Impact work requests. I
understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for
clarification prior to the submission of my proposal.
Proposal Item Price • Pricing shall be based on for services described In Attachment A. Fee must be
inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, incidental
supplies, travel, mileage, and fuel, Any special materials will be purchased by the contractor only after
discussed and authorized by the City projects manager or designee in writing,
The purpose of this form Is to provide the City with a basis of comparison of the Consultant's fees. This form
will be used for fee comparison purposes only.
The table below is a possible annual cost scenario for traffic counting services, Fill in the appropriate unit
prices from the Consultant's fee schedule and calculate the Consultant's annual total cost for the scenario,
Type of Count
Unit Cost
No. of
No. per
Annual Total Cost
Locations
Year
24 -Hour Single _ -Tube Count
$ j/(j
x1
Assume:
.One intersection, 4 approaches
• 50 separately requested counts per year
24- IiourDual- Tube Count
$
x25
X5
Assume:
• 25 locations, simultaneously, In one neighborhood
5 times per year
Manual Turning Movement Counts $ 32
_ X15
x5
=$ a
Assume:
+4 -hour manual count (2 hours am & 2 hours pm) at 15 locations, simultaneously,
in one neighborhood or in various
locations throughout the City
• One person munting at each location
M 6 times per year
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Pedestrian Counts
Assume:
* 4 -hour count (2 hours am & 2 hours pm) at one location
* Ono person counting
* 5 separately requested counts per year
Ph -7 /y 50$ 36 1?-
-7 ) Lt SQ 8 3 6 0 2-
BUSINESS ADDRESS
0U n1
12 P S 1
/ 2.. /0 -)
S3 - D-773 1-7 IT
DERAL ID NUMBER (IF APPLICAI
(IF
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE FEE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
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