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HomeMy WebLinkAboutNATIONAL DATA & SURVEYING SERVICES 2 - 2011N- 2011 -119 INSURANCE ON FILE WORK MAY PROCEED Project: UNTIL INSURANCE EXPIRES Account No.: c% — / % — /.2 Project Manager: Zdenek Kekula CLERK OF COUNCIL $: not to exceed $25.000.00 �� OCT 5 2011 O ; �w/4 ��� AGREEMENT FOR PROVISION OF �2d TRAFFIC COUNTING SERVICES KeK`►1 C�, THIS AGREEMENT made and entered into this 1�` day of September, 2011 by and between National Data and Surveying Services, 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. 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: 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 Consultant's Proposal — Annual Traffic County Services, attached hereto as Exhibit A and incorporated by this reference. 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 $25,000.00, annually, 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. �)Y� Y YI :7►S This Agreement shall commence on the date first written above and terminate on June 30, 2012, 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 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 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 less than $1,000,000 per accident. d. 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. 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 indemnify 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. 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. 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 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.O. Box 1988 Santa Ana, California 92702 Fax No. 714 - 647 -6515 To Consultant: National Data 8z Surveying Services, Inc. Avi Tashman 8370 Wilshire Boulevard, Suite 205 Beverly Hills, California 90211 Fax No. 323 - 375 -1666 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. 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, aroyalty -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. 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. /// /// /// /// EXHIBIT A SCOPE OF SERVICES IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk oft Council APPROVED AS TO F K. ORM: JOSEPH STRAA Interim City Attorney La a Sheedy Assistant City Attorn y O E D D FQ � ROYAL RA ODINEZ, II Executive Director Public Works Agency CITY OF SANTA ANA PRUL M. WALTERS Interim City Manager NATIONAL DATA AND SURVEYING SERVICES, INC. AVI TASHMAN President EXHIBIT A SCOPE OF SERVICES Corporate Office 8370 Wilshire Blvd. Ste 209 Beverly Hills, CA 90211 T- (323) 782 -0090 F- (323) 782 -0130 Email: TnfoQndsdata.com CJ lei D E F� S'T'A lei D I lei C N� S National Data 8c Surveying Services Understanding the Problem General Requirements: Corporate Office 8370 Wilshire Blvd. Ste 209 Beverly Hills, CA 90211 T- (323) 782 -0090 F- (323) 375 -1666 Email: lnfofn ndsdata.com NDS proposes to provide the City of Santa Ana with; "24 -hour single /dual -tube Machine Counts" both on- call and citywide, "Manual Turning Movement and Pedestrian Counts ", "Speed Studies ", "Classification Counts ", a "Traffic Census Booklet ", and a "Traffic Flow Map" as required ih RFP. NDS has ample personnel and equipment to complete your anticipated requirements. We understand the requirements of the proposed effort, value the importance of collecting accurate traffic, and possess the knowledge for evaluating the reasonableness of the data and final reports. 24 -hour Average Daily Traffic IADTI Counts fSinsrle -tube Dual -tube and Citvwidel: The approximate 280 dual -tube citywide locations can be completed within the two -month period required. NDS has the capability to easily complete 25 simultaneous dug! -tube locations. All additional 24 -hour dual /single -tube counts can easily be accomplished at any time. Data collection will be conducted in accordance with the RFP. Reports will be submitted in the specified formats via email as well as on diskette, if requested. Manual Turninsi Movement and Pedestrian Counts: NDS has sufficient personnel to complete the required 15 simultaneous Manual Turning Movement / Pedestrian counts. Data collection will be conducted in accordance with the RFP. Reports will be submitted in the specified formats as well as on diskette, if requested. NDS can use either field personnel of video data collection for the turning movement counts. We will use which ever method the city prefers. Speed Surveys_ NDS has sufficient personnel and equipment to complete 20 simultaneous 24 hour Speed Surveys. Data collection will be conducted in accordance with the RFP SOW. Reports will be submitted in the specified formats as well as on diskette, if requested. Vehicle Classification: NDS has sufficient personnel and equipment to complete 40 simultaneous 24 hour Vehicle Classification Studies. Data collection will be conducted in accordance with the RFP. Reports will be submitted in the specified formats as well as on diskette, if requested. z �r National Data 8c Surveying Services Corporate OfFice 8370 Wilshire Blvd. Ste 209 Beverly Hiils, CA 90211 T- (323) 782 -0090 F- (323) 375 -1666 Email: InfoCa7ndsdata.com SGH�DUL� E� n ! i �� National Data 8z Surveying Services Oata Co /Iection Management Approach Corporate Office 8370 Wilshire Blvd. Ste 209 Beverly Hills, CA 90211 T- (323) 782 -0090 F- (323) 375 -1666 Email: Infoia�ndsdata. com Work Schedu /e Data collection will begin week one following approval of the data collection Plan /Schedule. All 280 citywide ADTs (250 intersections per Attachment A) can be completed within the required 2- months. All. other counts will be completed within 7 -days of receiving work request from city point of contact. ��LT�.77 Project Initiation We understand the need for accurate count data. This information is essential in making decisions relating to traffic studies, street design, signal warrant study and /or travel demand analysis. Our state -of- the -art equipment coupled with the easy to use electronic database, and customer defined printouts /data files of the collected data ensure that the information can be easily understood and used for its intended purpose. Upon contract award the NDS Santa Ana Project Team will initiate project planning with the city point of contact r;POC) to ensure an efficient, timely, accurate, and safe data collection plan is in place before actual work commences. After proper coordination to ensure non - interference from daily activities such as special events, and street sweeping, etc, and customer approval of the data collection plan, work wi{I begin. All data collection activities will be coordinated as to street location and type of count activity. Count Data Co /Iection Methodology Count Data wilt be collected as follows (on Tuesday, Wednesday, &Thursday). No counts will be taken on the eve of a holiday recognized by the City, days with inclement weather, during construction activities or any other incident that disrupts the normal flow of traffic. Appropriate changes in time frame will be done in order to compensate for days lost due to the aforementioned. Data will be available to the City as soon as requested counts are completed. The summary /report will be prepared at our offce using proprietary software. Upon completion of data collection and summarization /breakdown, we will a -mail database files of the counts and /or FAX a hard copy. Originals and diskette or CD copies will follow, in accordance with the delivery schedule established by the City. Samples /examples of our products have been enclosed. These sample reports print -outs have been designed according to the needs of various customers. The City will have the opportunity to select a format that will best serve their needs. N� S l�Tat3onal Data 8c Surveying Services Corporate Office 8370 Wilshire Blvd. Ste 209 Beverly Hills, CA 9021 I T- (323) 782 -0090 F- (323) 375 -1666 Email: Infona..ndsdata.com 24 -hour Sing /e/�ua/ -tube Counts: • Locations are given to the Field Manager for review and collection planning. • A site check is made to access the optimum machine location, flow and geometry of the street. • Data collectors meet with Field Manager minimum one <1) day before count to review requirements, machine locations, and safety issues. • Only experienced staff and state -of- -the -art equipment will be used. • Rubber hoses will be checked and damaged tube will be replaced. • Lo profile rubber hoses will be used to reduce the risk of injury to pedestrians and bicyclists. • Computerized counters will be setup on the day prior to the day of the count and will be picked up the morning after the count to ensure a full 24 -hour count (midnight to midnight). • The tube length for all machine counts shall not exceed 60 foot and should not extend more than three (3) lanes. • Counts will be conducted according to the City of Santa Ana's protocol on Tuesday, Wednesday, and Thursday. Field Manager checks data collection throughout the day to ensure proper procedures are being followed. • Counts will be broken down by 15 minute increments_ • Entering (approach) volume counts will be taken at locations where driveway and other turning _movements will not adversely affect counts. • Counters are downloaded in the field, analyzed for any problems. If problems are discovered the machine counter is reset and the count is redone at no cost to the City. • One two - directional hourly count sheet data fife and one two - directional fifteen minute count sheet/data file for each ADT volume (separated by directions as appropriate), and peak hourly volumes. Each sheet will contain all legs. of the intersection • One hourly and one 15- minute count sheet/data file shall be prepared for each entering (approach) traffic volume count. • if requested, NDS has the capability to compile. all citywide "Street Segment Count" data into a City Traffic Ftow Map • The variation in hourly volumes can also be graphically presented for each location, if requested. • Data elements collected will be as specified in the RFP. • Data is turned into our office for process and formatting for delivery to City. • Project Manager proofs the data for quality control before releasing to City. Data is delivered to City in accordance with the requirements of the RFP. Manua/ Turning Movement and Pedestrian Counts: • Locations are given to the Field Manager for review and collection planning. A site check is made to access the flow and geometry of the intersection. N�� S National Data 8z Surveying Services Corporate Office 8370 Wilshire Blvd. Ste 209 Beverly-Hiils, CA 90211 T- (323) 782 -0090 F- (323) 375 -1666 Email : Info (7a .n d s d ata . c o m • Data collectors meet with Field Manager minimum day before count to review requirements, collection plan, and safety requirements. • Counts wilt be conducted according to the City of Santa Ana's protocol on Tuesday, Wednesday, and Thursday. Counts periods will be the peak hours requested by the City, one, tw_o or three peek periods. • Field Manager checks data collection throughout the day to ensure proper procedures are being followed. • Field Manager collects data after evening peak court #, assembles data, and draws maps of each intersection to ensure accuracy of lanes. • Data elements collected will be as specified in the RFP. • Peak hour turning movement count sheets /data files will show 15- minute counts and hourly totals for each hour counted. In addition the peak hour (the highest four (4) consecutive 15- minute counts) will be determined for each counting period. For intersections, counts from all approaches can be provided separately for each approach, and /or ail approaches together in one print -out. The AM, mid -day, and PM peak hour and corresponding volumes will also be shown for each. approach. • Data is turned into our office for process and formatting for delivery to City. • _Project Manager proofs the data for quality control before releasing to City. • Data is delivered to City in accordance with the RFP requirements. 24 -lour Vehicle Classification &Speed Counts: • Same as Street Segment Counts above. • Tubes are measured to ensure proper length a`nd proper count. • Data elements collected wilt be as specified in the RFP. • Data is reviewed by Field Manager for errors. • Data is turned into our office for process and formatting for delivery to City. • Project Manager proofs the data for quality control before releasing to City. • Data is delivered to City in accordance with the RFP. • Sample data is attached below. Safety • Two people perform machine counts. One for traffic control and one for the setup. • Bright reflective vests are worn. • Vehicles are equipped with orange warning light. • Tubes are pre - measured to ensure safe and speedy setup. Corporate Office 8370 Wilshire Blvd. Ste 209 r Nati onal Data 8z Surveying Services Lo- Profile Tubing The small Beverly Hills, CA 90211 T- (323) 782 -0090 F- (323) 375 -1666 Email: In fo a.nd s data. c om • ler 3/8 inch OD low profile hose has several very significant RISK MITIGATION /SAFETY advantages over the larger 9/16 inch OD hose: • Smaller hose is much less likely to result in a bicyclist fall especially on wet hoses. • Smaller hose is easier to keep out of a pedestrian's way reducing accident potential. • Smaller hose is much quiefer resulting in fewer neighborhood hose noise complaints. Required I nformation from City of Santa Ana The City will be responsible for providing the following information to NDS: All • Notification of any planned roadway construction that may affect traffic patterns near or at key intersections /locations to be counted. • Street sweeping schedules. Special community events that may invalidate data collection by disrupting normal traffic patterns. • Locations where counts are to be taken and type of count required. • Routes of travel time &delay data collection. 0 Special Events Coordination counts will be coordinated with the city project staff both during the initial implementation planning phase and before each count /data collection operation commences. This is a routine feature of our standard operating procedures and will ensure a coordinated safe data collection effort. Insurance NOS currently is in compliance with the stated requirements for each type of required insurance and will provide evidence in the form of the certificates executed by the insurance companies. Insurance Expiration T e of insurance Provider Limits Policy Number Date - $1,000,000/ General Liability Hartford $2,000,000 Aggregate) 82098024255 9/17111 Continental Umbrella Coverage Casualty $5,000,000 82098029382 9117/11 Automobile (Hired and Non -Owned CNA $1,000,000 /Occurance 62098024269 9/17/11 Lloyds of I =rrors &Omissions London $1,000,000 10ccurance 030800104373AA 03101/2012 Worker's Compensation CNA $1 000,000 /Occurance WC2098024272 9/17111 ,> National Data Sc Surveying Services KEY PERSONNEL Corporate Office 8370 Wilshire Bivd. Ste 209 Beverly Hills, CA 90211 T- (323} 782 -0090 F- (323) 375 -1666 Email: InfoCa ndsdata.com Key personnel will be available and dedicated for the duration of the project, to perform all required tasks and meet City program objectives. All NDS personnel have worked together previously and successfully completed large traffic data collection projects for public sector clients. All NDS personnel involved in this project have worked successfully with the Santa Ana staff on previous- projects and look forward to providing you with the highest level of professional consulting services. Abbreviated resumes of key project staff are presented in the paragraphs below. Steve Souter, VP- Project Manager Steve Souter will serve as Project Manager for this project. He has 20+ years of extensive technical and managerial experience in traffic data collection. He has served as project manager for numerous large data collection efforts on past NDS projects. Recent relevant major projects include citywide /county wide traffic data collection for: Santa Ana, Irvine, Orange County, San Diego, Pomana, and La Mesa. Mr. Souter's familiarity with the Santa Ana personnel and procedures, and the study locations make him uniquely suited to work with the City Project Manager to ensure a smooth and successful completion of this project. Kevin Deal —Field Manager Kevin Deal -will serve as the ITM and ADT Field Manager and has over 6 years experience collecting and supervising ADT collection efforts. He has conducted numerous studies to analyze the optimum methodology for data collection. Additionally, Kevin has managed projects in which over 50 personnel were involved daily. . Data Collectors The number of data collectors will be determined based on fins} agreed to data collection requirements. No part timer workers or temporary workers will be used. Full time personnel with 'f — 30 years' experience will be used for this job. Data Collection Personnel (staff available to this project) Employee.;Name Years Ex erience Employee Name Years Ex erience Leonel Fernandez 12 Kevin Deal 6 Yolanda Leon 9 Fabio Leon 6 Dianna Leon 9 Albert Lopez 4 Jorge Mendoza 9 Dennis McDonald 4 Joe Jimenez & Daniel Lopez 4 Fernando Leon 6 Aiondra Mercado 2 i� l�iational Data 8z Surveying Services Corporate Office 8370 Wilshire Blvd. Ste 209 Beverly Hills, CA 90211 T- (323) 782 -0090 F- (323) 375 -1666 Email : Info raj ndsdata. c om NHS PROJECT TEAM City of Santa Ana Project Manager 1 YlixW'3^d'x`3:i ar.�cj3i'z?$'?+'�".`�v`:$�yd �y._.yp.iy� F `PA�i ... 4 Field Manager 8z Billing Support Kevin Deal Project Manager `` _ _ � - Steve S outer • y ., 1, � yam: , . � � .,. . <. �,� Admin Services Field Manager 8z Billing Support Kevin Deal Experienced Counters Michael Blitz n - ,� ., 1, � yam: , . � � .,. . <. �,� Admin Services Field Staff 8z Billing Support ��. Experienced Counters Michael Blitz n - ,� Admin Services 8z Billing Support ��. Michael Blitz -- _ _ s� .. _ _ - -- EXHIBIT B FEE SCHEDULE `� f National Data 8c Surveying Services City of Santa Ana Public Works Agency 20 Civic Center Plaza — M -21 Office of the Executive Director, 4'^ Floor Santa Ana, CA 92702 Corporate Office 8370 Wilshire Blvd. Ste 209 Beverly Hilis, CA 90211 T- (323) 782 -0090 F- (323) 375 -1666 Einaii: In fonn.ndsdata. coin August 1 1, 201 1 Attn: Taig Higgins, P. E. Subject: PRICE PROPOSAL for Proposal for Annual Contract for Traffic Counting Services Dear Taig Higgins, Consultant Rate Comparison Form and Fee Support information is attached as requested. Fee schedule as follows: 24 -hour single tube count (On Call) _ $32.00 each 24 -hour dual tube counts (On Cat{) _ $32.00 each Citywide ADT (24 -hour dual tube} counts = $32.00 each Traffic Census booklet (ADT summaries), 25 bound copies = $100.00 lot Traffic Flow Maps = $650.00 lot Intersection Turning Movement (ITM} &Pedestrian Counts 2 -hours (1 ea 2 -hour count period) _ $80.00 each 4 -hours (tea 2 -hour count periods) _ $135.00 each 6 -hours (3ea 2 -hour count periods) _ $195.00 each Hourly rate for additional hours 1TM &Pedestrian counts = $30.00 per hour Radar Speed studies = 45.00 each 24 -hour machine Speed studies = $80.00 each 24 -hour machine vehicle classifier studies = $80.00 each Si /nce� /re�l�y � /v` ���� Avi Tashman President C O C O d m a� U ai LL r h frnO�� CV N Q� nl se O QO O} y p pp Qp p c d y 4.l Vi 69 w UZI II. U 0 r N In Cp (O U p O p p o °o °o O o°, 8 °o °o O a r ti oo ad R .ri .n .n aC m ee S y c9 � N 1/1 u9 w w w w i9 a`ne E_ E_ E E E c (A c in rfp m °O, =t lsl✓ -W j O VY 69 69 69 E9 fA GA 9 O c Q C O N O ah f C � O E N N CO p D 25 w H E 8 w O Q ctj 3 d ^2 rye Q� U me AD y N d •+ N TL U M y lu as 3 N H U .l6 E n o p° o o 8 = °�3 Q E E N o o N O l.L ii 'yy t t L C/i Y L YS C (� N N 4 (b t � f0 .OS � � N � y W p � c§ '��oR[� CERTIFICATE OF LIABILITY INSURANCE o„E..arDa.Y.h 9/26/2011 TIeS (�it[RCATE B ISSU® AS A WTTQ2 OF S60RYAT/0p CORY Alm G+OMFERB MO re[iM18 UP'CN THE CER1lF1GTE �� •� TI® CERTIFICATE GOES NOir AFPSOMTVELY CR 1��iN71 \IELY Army !][7FJm OR AL7@= 7�� OOVBIAIiE AFFO/1� BY TIE POL[Ct0 �� ewe 7la8 Cei7a7[ATE CP Oi61/RANCE DO® NOT OWBTME A OOMR/Yf.T SETMIEBI T¢ BSIOM[i O'1s<IR8rsS1 AeJTMOR® TA7rvE OR PROd1 ®R Alm iNE CER�6TCA7E MOLDER. wunoe® w�rtw+>rt< RDORTANT: Q � � AsW V 1. an wDDft00MAL OO{1REaL 1[r O.SesM) aw.t bs aneerrd M 8U8i0[iATeOM 1S YI0�NE4 n�.ce es afr tMes aM aa�s War P.SgI. ewWn � Tway �� M AWOdMOt M Otlr Oba6C�r doo• �� mdYr Adm Ta Lr v�ob MtlR b ewr d vch a�qr} pp� ry KA ®I °^mr'� ROSEWOOD R =SA i�� 8 IN3 9QL03`2OW3 179 8 Detroit Street Los Angeles , CA 90036 N -201 1 -119 0838577 Nw� Zehuda 1aa 2 89 — (323) 800 -6745 soan� y)caplanQr�is _ coam ae�sr AFfcroo �� ..�. ors w; =savalars iade®nitp Caopaay of CP 25682 •�+� Natioaal Data aad 8arvayiag Sarvioas 6370 Wilshire Sled_ , 3te 205 Beverly Hills, CA 90211 323 782 -0090 rraull� a, � m ae FJ1ClI o 25674 rev c: Travelers T*+a� ^+ s 300 000 25658 omweae o: PveeaNwLAwwvaAmr s i 000 000 r�.rer e: cs®ewL AOCRFD/�TE r®moe F: aolL wtscrtEwTE Lm*�w.LI»r�x S P4i.Y nao LOC vROalcrs _ ooearePwo4s TiQS 6 TO CERRFY TTMT TiE POLIt'lES OF QAl7AANCE LISTID 9BOw HAVE SEEN tliAlED TO TE � NA \® AS01/E FOR TFE POLICY PBeOD �ft'JlT>�. NOTWIiMSiANDa1f' ANY REOelo7BlOff. TBtY OR COMORION OP ANY CONRTACT OR OT�i OOCIABfT tletiN RESPFI'T TO H1lOOI Ti3 COCTaTCATE WY � rSSI!® OR WY PHifA1N. 7I1E VJ6URAfiCE AFFOfiO® 6Y T¢ POLIClE4 DESCRIBED MBiHN 6 t5 a.rw� TO All T� Ti3tµl. E7(QUSIONS AND COImtTION8 OF SUdI POLICIES- WOTS SHDWV WY rNVE B ®i REDI)C® 9Y PA1D CWI� L1N I +PE GF OBIrRAN(E wunoe® w�rtw+>rt< pp� ry KA ®I Lums A rr�At uwalm $ sa�eowL e�wL law�sn uwesanDe Q ooawe Y Y 680— GA814536 /1�/zo11 /17 /zolz FJ1ClI o s 1 000 000 rr�a (r+em..a.v) s 300 000 t ®mrA,r�T s PveeaNwLAwwvaAmr s i 000 000 cs®ewL AOCRFD/�TE s 2 000 000 aolL wtscrtEwTE Lm*�w.LI»r�x S P4i.Y nao LOC vROalcrs _ ooearePwo4s s 2 000 000 � B """m' LMBLlrY a .,emu ® soaan� wuros � � a erRED Amos z wands Y Y BA- 6A815938 /i7 /zoal /17 /zolz s 1 , 000 , 000 ®�'� �'A"� �°�� s eooaY Vawnr Ivs.�..o s s s C 8 "�"` ""a ocr>asuwe oowA rswou.NwoB CQP- 006A81914A /17 /zoll /1 : /2D1z ewol oocalm�ee s 5 000 , 000 8 ��� s 5,000,000 o® raTa�rror/ s O s g wDarmrs coNV VaA�oon wrm B�LOVas LMBOffY �a�, YO Lr� bMlfl r®oa� �a�'ovetATnns w.a� NIA y QS- 3793T896 /17/2411 /17 /zolz g FyE,�rwQ�, s 1,000,000 Fy ��- EAEePLOYff i 1 , 000 , 000 � ��- Pm,c�r .ter s 1 000 000 msaeneoN of ov®IATerxm � Lorwnors Iva.elES Ne+�� AOOIID /oT. wsamr RenaLSaewears.r..ea� ®r ..os.q Certificate Holder is provided nl�+ tio++sT ; ��+ ++��+ status on a ��TT t_+ � and noncontributory basis as ra�nired by written coatract or agra� eat_ A Wai_var of Subrogation is is favor of the additi�+++sT ;++a+ ++tea. s�Y�'I2UVk;i� AS TO FORM f`FIiTIFK`JTF LtPfr r]FQ � /J! Y / raurc� � aTe�u C9.ty Of 88>dt8 Ana .__.___ _. � _ "�. 20 Civic Canter Plaza sa Jk�iii4ldctiOy; Sii�� Saata Asa, CA 92701 n�ni�tant City rlttc �, SMOLeD ANY OF T•� ABOI/E DE.SCRIB® POLICIES BE CN�If'��4+ �� AIE OtpBtATON OA7E 7l�OF. NQrIGE YILLL E DELrvBtEO tN nz �r>fsr T� pg1yY Paa�o� wunoe® w�rtw+>rt< O 1988 -2010 ACOF�CORPORATiON. All 119hes reserved. ACORD25 8070105) Tire ACOI:D naRro aced bpd are re0letered mks of ACORD OP ID: DW '`�� °�O' CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYVV) 09/2811 1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES 6ELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSU RER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement s PRODUCER 518 -384 -1100 Marshall 8. Sterling Upstate 518 - 384 -0193 113 Saratoga Road Glenville, NY 12302 Jon D. Brodsky CONTACT NAME: a /c °O� Erzt : A/C No EJ,t AIL ADDRESS: PRODUCER NATI001 DLISTOM ER ID i INSU RER(S) AFFORDING COVERAGE NAIC i INSURED National Data i;i Surveying INSURERA:Westr0 pe1LI0yd�S EACH OCCURRENCE $eNICeS In C. 8370 Wilshire Blvd Ste 205 INSURERS: $ - COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR Beverly Hills, CA 90211 INSURERC: MED EXP (Any one person) INSURER D PERSONAL & ADV INJURY INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIRE MENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WrTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE POLICY NUM 6ER MM�D/YYW MM%DDDY/1'EYVV LIMITS GENERAL LIABILITY EACH OCCURRENCE $ PREMISES Ea occurrence $ COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS- COMP /OP AGG $ POLICY PRO LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accitlenp $ ANV AUTO BODILY INJURY (Per person) $ ALLOWNED AUTOS BODILY IN JURY (Per accltlenp $ SCHEDULED AUTOS H IR ED AUTOS PROPERTY DAMAGE (Par eccitlenq $ NON -OWNED AUTOS $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE ___ $ EXCESS LIAB CLAIMS -MADE DEDUCTIBLE $ $ RETENTION $ WORKERS COM PENSAT ON WC STAT U- OTH- ANO EMPLOYERS' LIABILITY �, / N ANY PROPRIETOR /PARTNER /EXECUTIVE OFFICER /MEMBER EXCLUDED? � N / A TORY LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ (ManC akory In NH) If yes, tles cribe untl er DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A Professional Liab 0309001043738 03J07/17 03/01/12 Limit 1,000,00 Retention 10,00 DESCRIPTION OF OPERATIONS /LOCATIONS / VEH CLES (Attach! ADDf� '10'1, AtltllLOnel Remarks Schetlul e, If more ap see la raqulre tl) Proof of Coverage- l.crtllrll.Nlcnu LUCrt - -- - -- ---' - -' - �_ -�� C.ArvI..CLLA 11Vry SANTA -8 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTCE WILL BE DELIVERED IN ��L.aUI'a Siltt SI1c�C.C1 ACCORDANCE WITH THE POLICY PROVISIONS. City of Santa Ana Y 20 Civic Center Plaza Assistant City Attorney Santa Ana, CA 92702 AUTOO ^RIZ_ED REPRESENTAT`ry E ^- 11 - f l Il . U 7988 -2009 ACORD CORPORATION. All rlg hts reserved. ACORD 25 (2009!09) The ACORD name and logo are registered marks of ACORD -���� _ - `�_ -_� CERTIFICATE OF LIABILITY INSUR_ aNCE DATE (MMIDD/WYY) e /i9 /zoiz THIS CERTIFICATE is 7SSUED AS. A MATTER- OF INFORMATIOfV ONLY AND. CONFER$ NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS - - OERTIFICATE OO ES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. -THIS CERTIRCATE OF INSURANCE GOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING [NSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, ANO THE CERTIFIGATE.�. HOLDER IMPORTANT: H the certlflcata holder Is an ADDITONAL INSURED, the pollcy(jes) must be endorsed.. If SUBROGAI"ION IS WAIVED, subject to the farms end condlt[ons of 2ha podcy, cattalo policies may require an endorsement Astafamant on this eerUneate does not confer rjghb to the - carOficate holtler [n Ilau of such andorsemant(s). - PRODUCER ROSEWOOD RTSK MGMT8L INS SOLUTIONS 7162 Beverly Blvd, Ste 180 Los Angeles, CA 90036 OH38S77 NAME- Ye u a Kaplan PH (323)899 -3081 � �; No), 323 800 -6745 A/C Nq EIC. ADDRESS Y ap_an rrmjs.com INSURER{Sj AFFORBING 4�OVERAGE NAICY INSURER A� Travelers Property Casualty. Co. of America 2 674 INSURED National Data and Surveying Services INSURER B: rave ers rope suety o. o menca EACH, OCCURRENCE 8370 Wilshire Blvd_, Ste 205 wsuRER c: raveers roperty sue y o. o menca _ Beverly Hills, CA 90211 INSURER D: -rave ers roperty sue ty o. o merica (323) 782 -0090 INSURER E: PREMISES (Ea occurronre INSURER. F: MED EXP (Arty onapa,sm) E S,DOI� THIS IS TO CERTIFY THAT THE POLICIES OF INSVRANCE LISTED BELOW HAVE BEEN ISSVED TO' THE INSURED NAMED ABOVE FOR 7HE POLICY PERIOD ' INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR- OTHER. DOOUMENT 1MTH RESPECT TO WHICH THIS ' CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUSJEGT TO ALL THE TERMS. EXCLVSIONS AND CONDITIONS. OF SUCH. - POLICIES. LIMITS SHOWN. MAY HAVE BEEN REDUCED BY PAID CLAIMS. ' INSR LTR� TYPE OF INSURANCE g 11VNn POLICY NUMBER. (MM /DD/Y - MN/pDA'YYl7 LIMITS ' GENERAL LIABILITY - _ EACH, OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY CLAIMSMADE OCCUR PREMISES (Ea occurronre E 300y000 MED EXP (Arty onapa,sm) E S,DOI� A Y �, 680- 6A814536- TIL -12 /1? /zolz /17/2013 PERSONALAADVINJURY E 1,000,000 GENERAL AGGREGATE $ Z,�O�i�O GEN'L AC- .C'REGATE LIMIT APPLIES PER:. PRODUCTS - COMPIOP AGG S , X POLICY PRO- LOC $ AUTOMOBILE LIABILITY Ea acddak $ � � B X ANYAUTO ALLOwNED scHEDULEO AUTOS X AUTOS Y Y BA- 6A815938 -12 -CRP /17/2012 /17/2013 BODILY�gNJURY (Per person) $ BODILY INJURY (Pe[acdderA). $ NON - OWNED X HIRED AUTOS X AUTOS (PerOa¢Itl t]DAMA E $ C A UMBRELLA UAB Excess LUe OCCUR CLAIMSJuIADE CUP- 7A337319 -12 -47 /17 /zOY2 /17/z013 EACH OCCURRENCE S / X AGGREGATE $ DED RETENTION E- � E 8 VbORKERS COMPENSATION AND EMPLOYERS DABILITY Y,N ANY PROPRIETOq/PPRTNERIEXEGUTIVE � �. OFFlCERMEMBER F�(CLUDEDi IN rA Y 'T �t x�uB- 3793.1 H9 -H -lL _ /1%/2012 /17/213 VbC STATU- TH- TORY LIMITS ER EL PJ,CH ACCIDENT E E.L. DISEASE- EA EMPLOYEE S (Marta atcry In NHj If Yes, desaihe under - EL DISEASE- POLICY LIMIT E / DESORIPr10N. OF OPERATIONS trelgw � DESCRIPTION OF OPERATIONS ILOCATONS /VEHICLES (Atuarh ACORD tot, Adtlltional RernerNS SrJietlrM,k maraspaca is required) The City of Santa Ana, is provided additional insured status on a prlmaryand APPRQ� noncontributory basis as required by written contract or agreement. A /( Waiver of Subrogation is in favor of the additional insured. 30 Days Notice of (I( Cancellation, 10 Days for Non Payment of Premium. Laura 9fit{ g t.dy Ref: Agreement N- 2011 -119 TrafficCOUnting and Data Collection Services �-- bis{ass{ Ci {$r �4tDrid�y: LACK 1 IrILN I C rYVLUCK GANGtLLA I ION City of Santa Ana - 20 Civic Center PIa �- ..8065 AnneX SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED- BEFORE l� THE EXPIRATION DATE THEREOF, NOTICE 1M1LL BE DELIVERED IN (M) r 1 " � - ACCORDANCE WITH THE POLICY PROVISIONS. Santa Ana, CA 9��`bl' - ` ) _.__� t `I `.- AUTHORIZED REPRESENTATIVE ©'1988 -2011} ACORD CORPORATION. All rights reserved_ ACORD25 (20'10/05) The ACORD name and logo are registered marks of ACORD E3�CHTBT"I' B' ADl?ITIONAL I.N'SLIIZED LNDOl2S!✓iViE1�TT FOR COrvLMEItCIAI, GFNERAi, LIA$IL:I"F`St' NOLICY 1rISUTanCe COtnpany Travelers- Property Casual ty Co -. o*F America This endorsement modifies such inS.uratice,as is af%rded by the provisions of Potty {� 6aq- 6ns2as36- T=c -iz relating tp the i'oliowin�: I. The City ofSa:crta Ana, 20 Givic Center Playa; Santa Ana.. California 9271: its officers; employees, agenfs, volunteers and repre5entat`ives are.nained as additional insureds. ("additional insureds ") wiYh regard tta ixabilty and defuse of suits. arisitYg frpm the operations antic uses performed by or on behalf of the named insured. 2. With: res�ectto claims arising out of the operations. atad uses Per•foni�ced by ar on behalfafthe Harried: insured, such insurance as is xffcxrded by this p{slicy is prirtaaryaztd is not additional to oor contributing tviih any- c�ther'lnsurance carried by_ or for Lire benefit oftl�e additional insureds =, - 3. 'Phis insul-attce applies separaiely tzi e:acia insured ago "tnst'vr�itotrr claim i5'made tir shit is brought except rviih respect to the company's limits of liability. 'Fhe Irlclusiarr o�any person ar organization as -art Insured shall not affect any right. wftiekx suchp�rson it org_ an�zation would have as a claim -ant if riot. so. included. 4. With respect tp the additional insureds, this insurance shall not lie. cancelled= or materiallj' ;eduaced in coverage or limits except after thirty (30} days v�-itten riotica.has beer! givers to tYi� City of Santa Ana,,20 Civic Center Plaza, Santa Ana, Cali. %rnia �1?701. (Completion ofYhe foto�ving; incivding cou. ntei5ignature, is ;required to make this enelorsetnent dfi'eefive.) Effective o9 /�7 /za1� . this endorsement farm as a part oaf` P¢tjCy � 680- 6A81�536- 'fIL -12 lsSlfed t£J National, Data -and -$u rve}!i ng Services Named Insured- - � . Countersigned by �Autliorized Representative so