HomeMy WebLinkAbout25J - CITYWIDE SPEED LIMIT STUDY
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REQUEST FOR
COUNCIL ACTION s
CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
NOVEMBER 15, 2010
TITLE APPROVED
AGREEMENT WITH ALBERT ? As Recommended
GROVER & ASSOCIATES FOR El Amended
El Or dinance on 15t Reading
CITYWIDE SPEED LIMIT STUDY ? Ordinance on 2nd Reading
(PROJECT 116738) ? Implementing Resolution
? Set Public Hearing For
y CONTINUED TO
FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Authorize the City Manager and the Clerk of the Council to execute the attached agreement
with Albert Grover & Associates to conduct an engineering and traffic survey for speed limit
updates, in an amount not to exceed $44,682 subject to nonsubstantive changes approved by
the City Manager and the City Attorney.
DISCUSSION
An engineering and traffic survey is required every five years in order for the City's posted
speed limits to comply with the California Vehicle Code requirements for enforcing speed limits.
Since the prior study was conducted in 2006, it is time for the City to update its study.
Requests for Proposals were sent to nine qualified consultant firms. Five firms submitted
proposals. The proposals were evaluated by a four-member committee comprised of Police
and Public Works Agency staff. The proposals were rated on the basis of qualifications,
experience with similar projects, work plans, and overall proposals. Following the evaluation,
sealed fee proposals submitted by the three top firms were opened. The scores and costs for
the top three firms are as follows:
AVERAGE
FIRM SCORE COSTS
1. Albert Grover & Associates 94 $ 40,620
2. Willdan 94 $ 69,500
3. KOA 89 $ 75,360
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Agreement for Citywide Speed Limit Study
November 15, 2010
Page 2
Staff recommends the selection of Albert Grover & Associates, the number one ranked firm, to
provide the requested consulting services. Their proposal demonstrates that the firm has
adequate experience with similar projects, a good understanding of the project objectives, and
a strong project team. Albert Grover & Associates' proposed costs are significantly lower than
the number two and three ranked consultants. In addition Albert Grover & Associates
successfully completed the City's prior study for a similar dollar amount and are very familiar
with the City's needs on this project.
The consultant's cost for the study of 200 zones is $37,920. The City anticipates requesting
the preparation of 90 sketches for sign replacement or relocation. The anticipated additional
cost of the study is estimated at $2,700. Therefore, the contract is estimated at a cost of
$40,620 plus a ten percent contingency for a contract amount not-to-exceed $44,682.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funds for this contract are available in the Measure M - Street Construction Fund (accounting
unit no. 03217660-66220, project no. 11-6738).
APPROVED AS TO FUNDS AND ACCOUNTS:
3~ I I ~Zh I , 1~,\ . 1-~,, &
Raul Go nez II Francisco Gutierrez 06
Executive Director Executive Director
Public Works Agency Finance & Management Services Agency
RG:
Exhibit 1: Agreement
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AGREEMENT FOR
PROFESSIONAL CONSULTING SERVICES
CITYWIDE TRAFFIC SURVEY
THIS AGREEMENT, made and entered into this 15`" day of November, 2010 by
and between Albert Grover & Associates, a California corporation (hereinafter "AGA"),
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 engineering services.
B. AGA represents that it is able and willing to provide such services for the City.
C. In undertaking the performance of this Agreement, AGA represents that it is
knowledgeable in its field and that any services performed by AGA 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
AGA shall provide engineering and traffic survey services to complete a Citywide
Speed Limit Study, as set forth in AGA's Proposal dated September 15, 2010, attached
hereto as Exhibit A, and incorporated by reference.
2. DELIVERY OF WORK PRODUCT - OWNERSHIP
AGA warrants and represents that it has the absolute right to enter into and
perform this Agreement and will perform its obligations hereunder in accordance with
standards and practices prevailing in the industry. AGA's contribution to the Project,
including works to be produced by AGA hereunder, will not infringe or misappropriate
the proprietary or personal rights of any third person or party. AGA shall deliver to City
any work product which results from the services provided. Said work product shall be
submitted in hard copy and produced in a form compatible with City's information
systems, as agreed between the Project Manager and AGA.
In regard to all material produced as a deliverable under this Agreement,
including but not limited to records, papers, drawings, specifications, programs, systems
and other materials prepared by AGA, AGA agrees, for itself and its affected officers,
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employees, agents, contractors, and volunteer workers, that (a) other such material shall
be the property of the City, and 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 AGA, a royalty-free, nonexclusive, irrevocable
license throughout the world for governmental purposes to disclose, publish, translate,
reproduce, and use such materials.
3. COMPENSATION
a. City agrees to pay, and AGA agrees to accept as total payment for its services,
the rates and charges identified in AGA's Fee Proposal, attached hereto as Exhibit B and
incorporated by reference. The total sum to be expended under this Agreement shall not
exceed $44,682.00, 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.
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.
4. TERM
This Agreement shall commence on the date first written above and terminate on
June 30, 2011, unless terminated earlier in accordance with Section 13, below. The term
of this Agreement may be extended upon a writing executed by the Executive Director of
Public Works and the City Attorney.
5. 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.
6. 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:
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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 $2,000,000 combined single limit. 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 claim, and $2,000,000 in the aggregate.
e. The following requirements apply to the insurance to be provided by
Consultant pursuant to this section:
(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.
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7. 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, recklessness 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 1 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, recklessness 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.
8. 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.
9. 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.
10. 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 facsimile or
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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
facsimile (714) 647-6956
With courtesy copies to:
Public Works - Traffic and Transportation Engineering
City of Santa Ana
20 Civic Center Plaza (M-43)
P.O. Box 1988
Santa Ana, California 92702
facsimile (714) 647-5616
and
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
facsimile (714) 647-6515
To Consultant: Mark Miller
Albert Grover & Associates
211 E Imperial Highway, Suite 208
Fullerton, California 92835
facsimile (714) 992-2883
A party may change its address by giving notice in writing to the other party.
Thereafter, any 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 facsimile,
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.
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
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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. However, any use
of unfinished work product shall be at City's sole risk.
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. 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
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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 her 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. Captions and headings in this Agreement, including the title of this Agreement,
are for convenience only and are not to be considered in construing this Agreement.
c. 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.
CITY OF SANTA ANA
ATTEST:
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MARIA D. HUIZAR DAVID N. REAM
Clerk of the Council City Manager
APPROVED AS TO FORM: ALBERT GROVER &
ASSOCIATES
JOSEPH W.FLETCHER
City Attorney
By:
Laura Sheedy MARK H. MILLER
Assistant City Attorney Executive Vice President
Tax ID#
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FEE PROPOSAL
TO PROVIDE
k
PROFESSIONAL CONSULTING SERVICES
FOR A
CITYWIDE ENGINEERING AND TRAFFIC SURVEY
~ /N THE
CITY OF SANTA ANA s
Pmpared For
PUBLIC WORKS AGENCY
CITY OF SANTA ANA
SEPTEMBER 15, 2010
w
H
1 Submitted By
4
1
ALBERt
ROVER ~Z
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ALBERT
ROVER &
%-J SOCIATES
J_ JL
September 15, 2010
Mr. Raul Godinez, II
Executive Director
Public Works Agency
City of Santa Ana
20 Civic Center Plaza, M-21, Fourth Floor
Santa Ana, California 92701
RE: Fee Proposal to Provide Professional Consulting Services for a Citywide
Engineering and Traffic Survey in Santa Ana
Dear Mr. Godinez:
Albert Grover & Associates (AGA) is pleased to respond to the City of Santa Ana
Request for Proposal (RFP) dated August 26, 2010, to provide professional consulting
services to conduct engineering and traffic surveys of various city streets. Enclosed
please find our Fee Proposal to provide the requested services. As requested in the
RFP, our Fee Proposal includes breakdown of costs by task, and an estimate of hours
for all personnel. Also included is a copy of AGA's Current Schedule of Hourly Rates.
Should you have any questions regarding our Fee Proposal, please contact me. We look
forward to working with the City of Santa Ana on this project.
Respectfully submitted,
ALBERT GROVERR&& ASSOCIATES
IrCo~Y
Rob Kuehn
Director of Project Development
Proposels\Senu AnASpeed Survey 2010/2010 Speed Survey Fa Lena doe
TRANSPORTATION CONSULTING ENGINEERS
211 e. Imperial Hwy., Suite 208, Fullerton, CA 92835
(714) 992-2990 FAX (714) 992-2883 E-Mail: aga@albertgrover.com
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SANTA ANA
CITYWIDE ENGINEERING
AND
TRAFFIC SURVEY
PROJECT FEE
Task Cost
1. Radar Speed Surveys (200 zones) $ 7,500
2. Field Review and Other Data Collection $ 7,950
3. Analysis $ 13,550
4. Report Preparation $ 8,920
TOTAL $37,920
Note:
Additional locations (over and above the initial 200 locations) will be billed at a cost
of $190 each.
Optional Task:
Sketches for Sign Locations (90 locations at $30 per location) $2,700
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ALBERT
DROVER &
A SOCIATES
SCHEDULE OF HOURLY RATES
EFFECTIVE JUNE 19 2008
Principal/President $ 250
Vice President $ 220
Director of Project Development $ 220
Senior Transportation Engineer $ 190
Senior Design Engineer $ 175
Transportation Engineer $ 165
Senior Associate $ 150
Design Engineer $ 140
Associate Transportation Engineer $ 140
Signal Systems Specialist $ 125
Transportation Engineering Associate/Civil Engineering Technician $ 125
Designer/Construction Inspector/Signal Systems Technician $ 120
Assistant Transportation Engineer/Assistant Engineer $ 120
Senior CADD Operator $ 120
Project Coordinator, Engineering Assistant $ 110
CADD Operator $ 110
Traffic Enumerator, Engineering Aide $ 75
Engineering Aide II $ 50
Council/Commission Meetings, Hearings, etc. (Billing Rate + $50 Surcharge) $ 1,000
Minimum
Expert Witness (Billing Rate + $50 Surcharge) $ 1,000
Minimum
Expert Witness - Deposition/Court (Billing Rate+ $100 Surcharge) $ 1,000
Minimum
Subconsultants will be billed at cost plus 20%
Conditions of Wave: The above rates are typically effective for a 12-month period, but AGA maintains the right
to change the billing rates at anytime for convenience of record keeping. Therefore, all billings will always beat
the then current billing rates. This will not affect any agreed upon total or not-to-exceed fees.
INVOICES WILL BE SUBMITTED MONTHLY AND SHALL BE DUE AND PAYABLE WITHIN 30 DAYS.
FINANCE CHARGES MAY BE ACCRUED DAILY ON UNPAID BALANCES BASED ON A 10% ANNUAL
PERCENTAGE RATE.
i
TRANSPORTATION CONSULTING ENG[NFERS
211 E. Imperial Hwy., Suite 208, Fullerton, CA 92835
(714) 992-2990 FAX (714) 992-2883 E-Mail: aga(a albertgrover.com
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