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HomeMy WebLinkAbout25G - AGMT - SPEED LIMIT STUDYREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 20, 2015 TITLE: AGREEMENT WITH ALBERT GROVER & ASSOCIATES FOR CITYWIDE SPEED LIMIT STUDY (PROJECT 16 -6861) (NON- GENERAL FUND) {ST� PLAN -6 ' 1 B} CITY MAN ER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute an agreement with Albert Grover & Associates, subject to nonsubstantive changes approved by the City Manager and City Attorney, to conduct engineering and traffic survey studies in order to update posted speed limits, as well as follow up speed surveys, in a total amount not to exceed $75,812, which includes a 10% contingency, for a three -year period from October 21, 2015 through October 20, 2018. DISCUSSION An engineering and traffic survey is required every five years so that the City's posted speed limits may be enforced per the California Vehicle Code requirements. The last study was conducted in 2011 and therefore it is time for an update. A Request for Proposals (RFP) for an engineering and traffic survey was released and distributed to qualified firms on August 26, 2015, and the City received seven 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 approach. The work involves the study of 200 zones and preparation of an estimated 90 sketches for sign replacement or relocation. The RFP requested a fee schedule reflecting performance of the basic study as well as fees to conduct additional speed surveys as necessary. After receiving the proposals, in light of follow up speed studies that will be necessary in conjunction with the Safe Mobility study and Complete Streets improvements, the cost to evaluate an additional 50 locations should be added to the basic services so that posted speed limits may be adjusted upon completion of street improvements rather than waiting 5 years. After evaluating the proposals, the corresponding sealed fees submitted by the top three firms were opened. The evaluation scores and fees for each proposal are as follows: 25G -1 Agreement with Albert Grover & Associates Citywide Speed Limit Study October 20, 2015 Page 2 Firm Score Base Fee Total Fee 1. Albert Grover & Associates 89 $48,920 _ $75.812 2. Kim Iey Horn 88_ $90,147 $133,997 3. Michael Baker 84 $68,700 $99,500 Based on the quality and value of the services proposed, staff recommends that Albert Grover & Associates be retained to conduct an engineering and traffic survey for speed limit updates and follow -up speed studies, as needed. This firm has demonstrated they have the experience and resources needed to provide the required services. The base and extended services by Albert Grover & Associates are estimated to cost $70,920. Staff also recommends adding a contingency to the base services of $4,892 (approximately 10 %) to cover related unforeseen work for the base traffic speed survey, resulting in a total not -to- exceed contract of $75,812. Breakdown is as follows: $48,920 for engineering and traffic survey work, $4,892 as contingency and $22,000 for follow up services. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. Individual environmental reviews will be conducted for each recommended improvement at the time of implementation. These types of projects typically qualify for Categorical Exemptions. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy B (equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe and aesthetically pleasing for all users). FISCAL IMPACT Funds for the Citywide Speed Survey study have been budgeted in the Measure M2 Local Fairshare Fund (Account No. 03217662 - 66220, Project No. 16 -6861) and are available for expenditure in the FY 2015/16 Capital Improvement Program. r� av Fr d Mousavipour Executive Director Public Works Agency FM /EWG /ZK Exhibits: 1. Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 25G -2 CONSULTANT AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into this 21s` day of October, 2015 by and between Albert Grover & Associates, 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 engineering 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: I. SCOPE OF SERVICES Consultant shall perform those services as set forth in Exhibit A to this Agreement. In addition, provide traffic engineering speed surveys at other locations to be identified by staff. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its speed survey updates, the sum of $48,920 as identified in Exhibit B, subject to a 10% contingency. In addition, Consultant agrees to provide speed surveys at other locations to be identified by staff consistent with the hourly rates identified in Exhibit B. The total sum to be expended under this Agreement shall not to exceed $75,812 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 and Scope of Work, which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on October 20, 2018, unless terminated earlier in accordance with Section 15, below. Ejj�it_1 ate 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. OWNERSHIP OF MATERIALS This Agreement creates a non - exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ( "Documents & Data "). Consultant shall require all subcontractors to agree in writing that City is granted a non - exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 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: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and 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, with $2,000,000 in the aggregate. 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 3700 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 26G -4 $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $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 by the City. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect, by consultant, without thirty (30) days prior written notice to the City. (iv) Consultant shall supply City with a fully executed additional insured endorsement. 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 affect 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. 7. 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 negligent 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 the terms of or 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 terms of, or 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 terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 26G -5 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. 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. 11. 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 in Certifications, Exhibit C, attached hereto and incorporated in this Agreement by reference. 12. 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 fax or other telegraphic communication in the manner provided in this Section, to the following persons: 25G -6 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 714- 647 -6956 With courtesy copies to: To Consultant: Fred Mousavipour, Exec. Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M -) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647 -5635 Mark Miller Albert Grover & Associates 211 E. imperial Highway, Suite 208 Fullerton, California 92835 fascimile (714) 992 -2883 City Attorney City Attorney's Office City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647 -6515 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 fax, 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. 13. 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 or 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. 14. 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 25G-7 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. 15. 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. 16. 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 and as further specified in Certifications, Exhibit C, attached hereto and incorporated in this Agreement by reference. 17. 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. 18. 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. 19. MISCELLANEOUS PROVISIONS a. Additional provisions, if any are identified as Additional Provisions, Exhibit D, attached hereto and incorporated into this Agreement by reference. 25G -8 b. Each undersigned represents and warrants that its signature herein below 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: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney --_. City Attorney RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOUR Executive Director — Public Works Agency CITY OF SANTA ANA David Cavazos City Manager CONSULTANT: Mark Miller Executive Vice President Tax ID# 25G -9 EXHIBIT A SCOPE OF SERVICES 25G -10 Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ENGINEERING & TRAFFIC SURVEY FOR SPEED LIMITS UPDATE RFP NO.: 15 -086 INTRODUCTION The City of Santa Ana (City) has a large network of arterial, secondary and collector streets with posted speed limits. State law mandates that posted speed limits must be established on the basis of an Engineering and Traffic Survey every five, seven, or ten years. The last Engineering and Traffic Survey in Santa Ana was conducted in 2011. The City now needs a new study to update the posted speed limits. DESCRIPTION The City is issuing this Request for Proposals (RFP) for the Engineering and Traffic Survey For Speed Limits Update. The consultant shall do the Engineering and Traffic Survey work in accordance with the State of California, Department of Transportation, California Manual on Uniform Traffic Control Devices, Part 2B.13 (Speed Limit Sign) and the State of California Vehicle Code 627 and 40802, and sections 22348 through 22413. Recent changes to the law will be applied, as required, to this project. Each person conducting the vehicle speed (radar) surveys shall be certified by an authorized entity or instructor acceptable to the City. Additionally, each radar gun used for speed surveys shall be certified that it meets and/or exceeds all of the manufacturer's specifications by an authorized entity, distributor, or repair facility acceptable to the City. Proof of certification must be included in the proposal. Consultant shall consider the results of the Safe Mobility Santa Ana (SMSA) study, as needed, for appropriate posting of speeds. The SMSA study is a citywide collision safety study that will identified high collision corridors and intersections. PROJECT TASKS The Consultant shall provide all necessary services to perform the following tasks: Conduct vehicle speed (radar) surveys for 200 street segments within the City of Santa Ana. The number of segments shall be confirmed according to the City's Master Plan of Streets and Highways and the latest Federal Aid Urban (FAU) Map. Surveys shall not be conducted on weekends or during peak traffic hours. Provide the radar speed survey field sheets (with raw data) and radar speed survey analysis sheets for each surveyed street segment (samples for both attached). Please Note: If speed survey data seems either unusually high or low, the City may require such locations to be resurveyed at no additional cost to the City. 2. Conduct field reviews of each of the 200 street segments. The field reviews for traffic factors shall be conducted while school is in session. Provide a field review summary sheet for traffic factors, roadway factors, and adjacent land uses, etc. (sample attached). 3. Determine the appropriate speed limit for each segment following the State of California's and the California Vehicle Code's latest requirements. When determining the speed limits, the consultant must City of "a also review the latest methodologies and include information summarizing how these new requirements have changed since the prior study. If any reduction from the 85% percentile speed is recommended, these shall be fully documented and follow the procedures required by the State of California in setting speed limits. 4. Prepare a Summary of Recommendations in chart form to include the street name, street segment, existing speed limit, recommended speed limit, 85h percentile speed, mean speed, 10 mph ace range, percent of vehicles in pace, date of survey, and reason for speed limit change from the 85F percentile (sample attached). The Summary of Recommendations shall include all street segments studied, unless otherwise specified by City staff. 5. Prepare a report which includes the following: a) A certification suitable for submittal to the municipal court system, b) Radar speed survey operational procedures, c) A description of the purpose and methodology of speed zone establishment, d) A description of the statistical analysis factors, e) A description of the field data used in analyzing the related roadway characteristics, f) Accident history for the street segments, g) Results and recommendations, and h) The Summary of Recommendations in chart form. 6. Consultant shall prepares sketches for sign changes. This task is based on an estimated number of 90 sign- posting locations that may require changes. Once all recommendations are confirmed by the City, this task may or may not be required by the City. In the fee proposal, please list the unit price to identify each sign location at a specific distance from the nearest curb extension. These changes will indicate if the sign is new, a replacement, and/or removal and if a new sign (only) or a new sign and post will be required. City staff would then use such sketches to write -up each department traffic order (DTO) for sign change. Please note that if Task 6 is authorized, consultant staff will be trained by the City's in -house personnel to use the database and DTO programs and this work shall be completed on the City's premises. DTOs and sketches shall be done in a manner acceptable to the City and using the City's database and formats. Sketches shall be done by attaching electronic aerials photos into Microstation files and showing the sign post changes from the nearest curb return extension. Task No. 6 needs to be listed in Fee Proposal as a Separate Item with a price per unit cost listed for 90 locations. The City reserves the right to issue or not issue this Task or a portion of it. As part of the report preparation the selected consultant will do up to 5 presentations or public meetings to report out the study findings and recommendations. All procedures and speed limit recommendations shall be per the latest requirements in California Manual on Uniform Traffic Control Devices plus the latest law in the most current version of the California Vehicle Code. SUMMARY OF PRODUCTS The required products, which are to be delivered to the Traffic Engineering section of the City of Santa Ana Public Works Agency, shall be as follows: 1. The radar speed survey sheets with raw data for each street segment (200 zones), see sample. 2. The field review summary sheets (see sample) and other data collection information for each street segment. 3. The radar speed survey analysis sheets, for each street segment, see sample. R, y 5 -086 4. The draft report. • Including a color map of the recommended speed limits. • Including a list of recommended speed limit increases and decreases (see samples). 5. The final report. • Including a color map of the recommended speed limits. • Including a list of recommended speed limit increases and decreases (see samples). 6. All written reports, information, data, charts, tables, and maps in electronic format. Prior to commencement of work, the consultant shall submit samples of the radar speed survey field sheet, the radar speed survey analysis sheet, the field review summary sheet and the Summary of Recommendations chart for preapproval. SCHEDULE This project is a priority project for the City of Santa Ana Public Works Agency. The anticipated schedule is shown below. The final report and sketches should be completed within 270 calendar days of notice to proceed issuance. Assume notice to proceed is given on November 1, 2015. PROPOSED SCHEDULE TASK SEP/ OCT 2015 NOV/ DEC 2015 JAN 2016 FEB 2016 MAR 2016 APR 2016 MAY 2016 JUN 2016 JUL 2016 RFP & Consultant Selection (City) * ** 1. Field Review & Data Collection * ** 2, Radar Speed Surveys * ** * ** 3. & 4. Analysis * ** 5A. Draft Report City's Review (City) ** ** 513. Final Report * City's Ordinance (City) ** 6. Sketches for Sign Chan es * ** ** 7 EXHIBIT B Fee Schedule 25G -14 Citywide Engineering and Traffic Survey PROJECT FEE TASK Project Fee COST 1. Radar Speed Surveys (200 segments) $9,020 -- ------------ ------- - 2. Field Review and Other Data Collection $9,650 - --------- - - ----------- --- 3. Analysis $16,050 4. Report Preparation $10,000 TOTAL $45,320 Note: Additional locations (over and above the initial 200 locations) will be billed at a cost of $226 each. Optional Task: Sketches for sign locations (90 locations at $40 per location): $3,600 A.LB 4'i OVER E)% R & IQOAIM Citywide F"gillec, ing and Traffic Survey PROJECT MANPOWER ANALYSIS Project Fee Page L is C a: LU 1- : 0 0 Lu W a: m m m 0 E (0� C 0 0 —. C LU 0 Totals Task Lu w w Hours/Cost 1. Radar Speed Surveys (200 zones) - ------ --- --- ... 82 $9,020 821$9,020 2. Field Review & Other Data Collection 20 $5,000 6 $1,350 -------------- 20 $3,300 46/$9,650 3. Analysis 30 $7.500 24 $5,400 10 $1.650 ------- 20 $1,500 -- 841$16,050 4. Report Preparation 16 $4,000 8 $1,800 20 $3,300 20 $1,500 64/$10,600 Total i 66 $16,500 38 $8,550 50 $8,250 82,-,$9,020 40 $3,0001 Page L Citywide Engineering and Traffic Survey..: SCHEDULE OF HOURLY RATES EFFECTIVE JULY 1, 2014 Principal /President $ 275 Vice President $ 250 Director of Project Development $ 250 Principal Transportation Engineer $ 225 Senior Transportation Engineer $ 200 Senior Design Engineer /Project Development Manager $ 185 Advanced System Integrator $ 180 Senior Associate $ 170 Transportation Engineer /Senior Project Coordinator $ 165 Design Engineer /Senior Signal Systems Specialist/Construction Inspector /System Integrator $ 150 Associate Transportation Engineer /Civil Engineering Associate $ 140 Transportation Engineering Associate $ 135 Signal Systems Specialist $ 135 Signal Systems Technician $ 125 Senior CADD Operator $ 125 Project Coordinator /Associate Engineer $ 110 CADD Operator $ 110 Assistant Transportation Engineer /Assistant Engineer $ 90 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 Usage: The above rates are typically effective fora 12 -month period, but AGA maintains the right to change the billing rates at any time for convenience of record keeping. Therefore, all billings will always be at 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 <.. Page 3 EXHIBIT C 25G -18 APPENDIX F NON - DISCRIMINATION CERTIFICATION CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ENGINEERING & TRAFFIC SURVEY FOR SPEED LIMITS UPDATE RFP NO.: 15 -086 The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he /she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his /her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non - compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of 25G -19 September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Slats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penaltie Wfor a violation of the Chapter. Signed: — Title: President /CEO Finn: Albert Grover & Associates Date: September 16, 2015 25G -20 APPENDIX G NON- LOBBYING CERTIFICATION CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ENGINEERING & TRAFFIC SURVEY FOR SPEED LIMITS UPDATE RFP NO.: 15-086 The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will he paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities ". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Firm Albert Grover Signed and Printed Name: Title Date September 16, 2015 City of Santa Ana RFP 15 -086 26ade '11 Albert L. Grover APPENDIX H NON - COLLUSION AFFIDAVIT CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ENGINEERING & TRAFFIC SURVEY FOR SPEED LIMITS UPDATE RFP NO.: 15 -086 NON - COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non - collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non - collusion Affidavit. BIDDERS are cautioned that making a false certification the certifier to criminal prosecution. w Signed State of Calif rnia County of 0 (Q!� V\ /� Subscribed and sworn to (or affirmed) before me on this IS day of 5 , 2015, by f il- JbK I- G-n 0cr- proved to me on the basis of satisfactory evidenct�inutt�l me. NATALI NO Commiadon 1 2030531 Nottay PuttAe • California T Orange County _ Comm. Expires Jul 20. 2017 — Notary Public Signature Notary Public Seal 25G -22