HomeMy WebLinkAbout25I - TRAFFIC DATA SERVICES
REQUEST FOR a»;..
COUNCIL ACTION
CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
NOVEMBER 15, 2010
TITLE APPROVED
AGREEMENT WITH PACIFIC ? As Recommended
TRAFFIC DATA SERVICES FOR ? As Amended
TRAFFIC COUNTING SERVICES E] Ordinance on 1" Reading
? Ordinance on 2"d Reading
PROJECT (PROJECT NO. 116739) ? Implementing Resolution
? Set Public Hearing For
1 CONTINUED TO
FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Authorize the City Manager and the Clerk of the Council to execute the agreement with Pacific
Traffic Data Services to provide traffic counting services, for an amount not to exceed $30,000
with an option to extend the agreement for one additional year, subject to nonsubstantive
changes approved by the City Manager and the City Attorney.
DISCUSSION
The City contracts for annual traffic counting services to conduct counts for neighborhood
studies, the biannual citywide traffic volume study, traffic signal operations, and the annual traffic
signal and left-turn priority studies. These contracts also include data collection and speed
surveys in support of the speed hump program.
A Request for Proposals (RFP) for annual traffic counting services was mailed on September 29,
2010 to 11 qualified consulting firms. One of the firms is based in Santa Ana. Seven of the 11
consultants submitted proposals.
The proposals were reviewed by a three-member committee comprised of Public Works Agency
staff. The ratings were based on experience, qualifications, project understanding, scheduling,
J 9,
past performance, and the overall proposal. Once rated, the sealed cost bids of the top four
firms were opened.
To compare the fees of the firms, the RFP required each firm to submit its proposed costs for a
particular scenario of work specified in the RFP, based on the fee schedules for services. The
costs for the scenario were for comparison purposes only and not related to the contract amount.
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Agreement for Contract for Traffic Counting Services
November 15, 2010
Page 2
The proposal scores and total costs for the scenario are:
AVERAGE SCENARIO
FIRM SCORE COST
1. National Data & Surveying Services 96 $ 21,700.00
2. Pacific Traffic Data Services 92 $ 14,338.75
3. Quality Traffic Data 90 $ 20,885.50
4. Metro 89 $ 31,375.00
It is recommended that Pacific Traffic Data Services be retained for an amount not to exceed
$30,000 for annual traffic data collection services. The consultant will be paid only for the
services performed as required and in accordance with the rates submitted in the proposal. The
contract will include an option to extend the agreements for one additional year.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
The total cost of the agreement is not to exceed $30,000 per year. Funds in the amount of
$30,000 are available in the Measure M - Select Street Construction fund (accounting unit no.
03217660-66220).
APPROVED AS TO FUNDS AND ACCOUNTS:
.~~5k~ . ~,:;~,X
Raul Go Inez II 10/1 Francisco Gutierrez
Executive Director Executive Director ~J
Public Works Agency Finance & Management Services Agency
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Exhibit 1: Agreement
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CONSULTANT AGREEMENT
THIS AGREEMENT made and entered into this 151h day of November, 2010 by and between
Pacific Traffic Data Services, 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
counts services.
B. Consultant represents that Consultant is able and willing to provide such services to the City.
C. 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 provide traffic counting services on an as-needed basis, as set forth in City's
"Request for Proposals - Annual Contract For Traffic Counting Services" and the specifications attached
hereto as Exhibit A and incorporated by this reference. All services will be provided in conformance with
Consultant's Proposal dated September, 13, 2010, on file with the Public Works Agency 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 Exhibit B and incorporated by
reference. The total sum to be expended under this Agreement shall not exceed $30,000.00, 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. The invoice shall provide a
description of the location and purpose of the count and the person requesting the count, in addition to a
detailed breakdown of the services, tasks, hours, and unit costs of the hourly rates. City shall retain ten
percent (10%) of payment for each task until the task is complete. 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.
3. TERM
This Agreement shall commence on the date first written above and terminate on December 31,
2011, unless terminated earlier in accordance with Section 13, below. This Agreement may be renewed
for an additional one-year period upon the same terms and conditions set forth herein. The term of this
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Agreement may be extended upon a writing executed by the Executive Director of Public Works 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) name the
City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be
primary 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 less than $1,000,000 per accident.
d. Professional liability (errors and omissions) insurance, with a combined single
limit of not less than $1,000,000 per occurrence.
e. 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 full 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.
f. 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 indemnify
the City for any work performed prior to approval of insurance by the City.
6. INDEMNIFICATION
Consultant agrees to and shall defend, indemnify and hold harmless the City, its officers, agents,
employees, consultants, special counsel, and representatives from any and all claims, demands, damages,
costs, expenses, judgments or liability of any nature whatsoever which may arise from the negligence or
willful misconduct of the Consultant or its contractors, subcontractors, agents, employees, or other
persons acting on their behalf in the provision of the services described in section I of 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 asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief
due to personal or property rights arises from the negligence or willful misconduct of Consultant in the
provision of services. City may make all reasonable decisions with respect to its representation in any
legal proceeding.
7. 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; (c) 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.
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.
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9. 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 telefacsimile or other telegraphic communication in the manner
provided in this Section, to the following persons:
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
telefacsimile (714) 647-6956
With courtesy copies to:
Santa Ana Public Works Agency
Traffic and Transportation Engineering
20 Civic Center Plaza (M-43)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-5616
and City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6515
To Consultant: Pacific Traffic Data Services
Mr. Douglas Bowen
8502 E. Chapman Avenue, Suite 625
Orange, California 92869
Telefacsimile 714-882-7369
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.
10. DELIVERY OF WORK PRODUCT
Consultant shall deliver to City all work product which results from 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.
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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 a 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 any purchase order or other instrument that are inconsistent with, or in addition to, the terms 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.
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.
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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
fully, 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 withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the
body of this Agreement.
IN WITNESS WHEREOF the parties hereto have executed this Agreement the date and year first above
written.
ATTEST: CITY OF SANTA ANA
Maria D. Huizar DAVID N. REAM
Clerk of the Council City Manager
APPROVED AS TO FORM: PACIFIC TRAFFIC DATA SERVICES
Joseph W. Fletcher, City Attorney
By:
Laura Sheedy DOUGLAS BOWEN
Assistant City Attorney Senior Partner
Tax 1D#
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EXHIBIT A
1. PROJECT DESCRIPTION
The City of Santa Ana is soliciting proposals from traffic count firms to provide traffic counting services
on an as-needed basis for one year. The total annual cost for the contract shall not exceed $30,000. The
contract will have a provision to extend such services for an additional year.
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 mutually agreed to prior to the provision
of services.
From the proposals received, one firm will be selected. The City will enter into an agreement with the
selected firm. As traffic counting needs are identified, they will be assigned to the selected firm. The City
reserves the right to assign the work in any manner which will best serve the City's interests.
II. 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 in Attachment E. Note: Consultant must be able to provide up to 25
simultaneous count locations for neighborhood traffic counts.
• For each entering traffic volume count, a 15-minute count sheet with hourly totals, containing all
legs of the intersection (sample in Attachment E).
• 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 E).
Note: Consultant must be able to provide LIP 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.
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• 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 Attachment E) 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.
3. CITY RESPONSIBILITIES
The City will furnish each selected Consultant with a map showing the street sweeping schedule. The
City will notify the Consultant of any changes to the schedule.
With each request for traffic count data, the City will provide:
• The location(s) of traffic data collection,
• The type of data to be collected, and
• When the data is to be collected.
For the City-wide ADT study, the City will furnish the street map on computer diskette, compatible with
AutoCAD or Microstation.
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EXHIBIT B
CONSULTANT FEE SCHEDULE
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-251-12
ORANGE COUNTY
PACIFIC TRAFFIC & TRANSIT DATA SERVICES
A REGIONAL DATA COLLECTION FIRM SERVING SOUTHERN CALIFORNIA FROM OUR
. OFFICE IN MISSION VIEJO
27722 RUBIDOUX ` MISSION VIEJO' CALIFORNIA 92692
Douglas Bowen has over 23 years of owner and operations experience. It should be noted that
Douglas Bowen has been a successful bidder on the city of Santa Ana contract as an owner of
Southland. Prior to founding Southland, he worked as an employee of TDS, which was under contract
by the city of Santa Ana. Douglas Bowen is very familiar with both the city of Santa Ana and work
required under the contract.
Pacific is well aware that it has submitted prices that are well below recent pricing. We have made the
decision to aggressively price this contract. Pacific will profitably fulfill its obligation and complete the
tasks as included within the terms of the contract. I can assure you that Pacific has priced it at a level
that will still result in a gross profit to Pacific as it relates to each service. As a result of our decision to
aggressively price this contract, the city of Santa Ana has the opportunity to cut its costs, while not .
sacrificing quality and in fact it will see a provable increase in the quality of its data.
We are certainly willing to meet with city representatives to discuss in detail the basis for our cost and
related pricing. Pacific used high estimates in its calculation to provide the city with estimated cost, so
as to not underestimate the cost of completing each task. In addition and due to how Pacific operates,
costs decline as a percentage of revenue as the size of the project increases in size.
The cost estimates are based on each scenario provided by the city of Santa Ana...
The cost to complete 4 approach volumes will not exceed $51.50($12.88 per set-up) for the
intersection. The cost estimate is inclusive of all related field expense, office expense, payroll tax and
insurance. The profit margin will exceed 25.36%.
The cost to complete 25 bi-directional tube counts will not exceed $388.75($15.55 per location). The
cost estimate is inclusive of all related field expense, office expense, payroll tax and insurance. The
profit margin will exceed 21.13%.
The cost to complete 15 - 4 hour TMC will not exceed $1,149.60($19.16 per hour). The cost estimate
is inclusive of all related field expense, office expense, payroll tax and insurance. The profit margin will
exceed 28.37%.
The cost to complete 1 - 4 hour pedestrian & bike study will not exceed $57.24($14.31 per hour). The
cost estimate is inclusive of all related field expense, office expense, payroll tax and insurance. The
profit margin will exceed 27.54%.
Pacific only employs full time experienced personnel to complete the field work. An experienced field
staff is far more efficient and far more likely to work safely while in the field.
Currently there are not any fringe benefits, but based on profitability Pacific may add certain benefits to
be provided to our field employees only. At the high end, the benefits will be limited to a cost of no
more than 2.5°1o of gross sales, therefore If the city wants to factor in the potential for a fringe benefit, it
should add no more than 4% to the cost indicated above.
Pacific does not anticipate the need to purchase additional equipment specifically for this contract, but
the city may factor in a cost equal to 1.5% for miscellaneous supplies that may not be factored into the
cost above.
Rate for the following examples as Indicated by the city of Santa Ana...
1 - 4 approach volumes = $89.00 1$17.26 per one tube set-up]
26 bi-directional tube counts =$493.76 [$19.76 per two tube set-up]
15-4 hour TMC locations = $1,605.00 [$107.00 per Intersection - $26.75 per hour]
1 - 4 hour pedestrian & bike study only = $79.00 [$19.75 per hour]
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