HomeMy WebLinkAboutALBERT GROVER & ASSOC. 2 -2002
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WORK I- AY PROCEEO
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CLERK OF COUNCil
DATE:
N-2002-072
03
CONSULTANT AGREEMENT
THIS AGREEMENT, made and entered into this ;ZSt'h'day of February, 2002 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 sought a consultant having special skill and knowledge in the field of traffic
engineering for a citywide engineering and traffic survey, through the RFP process
instigated in July, 2000 and awarded a contract to Consultant on December I 1,2000
(hereinafter "Original Agreement''). Work under that contract is continuing and
ongoing.
B. Consultant represents that Consultant is able and willing to provide such services to the
City.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall perform those services set forth in the RFP, including addendum( s), the
Proposal and the Fee Proposal attached collectively hereto as Exhibit A and incorporated herein
by reference.
2. COMPENSATION
a. City agreed to pay in the Original Agreement, and Consultant agreed to accept as total
payment for the study of 180 zones an amount which shall not exceed $21,395.00.
Compensation to Consultant under this Agreement, and the Original Agreement shall not exceed
$23,795.00, plus a ten percent (10%) contingency for a total contract amount not to exceed
$26,175.00 during the term of this Agreement which covers December II, 2000 to December 31,
2002.
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.
3. TERM
This Agreement shall cover activities undertaken starting June 30, 2001 and terminate on
December 31, 2002, unless terminated earlier in accordance with Section 12, below. The term of
this Agreement may be extended upon a writing executed by the Executive Director of the Public
Works Agency 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 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. Consultant shall supply City with a fully executed
additional insured endorsement in substantially the form attached hereto as Exhibit B upon
execution of this Agreement and shall be approved in form by the City Attorney.
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.
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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.
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.
6. INDEMNIFICATION
Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, volunteers, 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 health, 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 the terms of or effects
arising from this Agreement. This indenmity 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 indenmify, 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.
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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
telefacsimile (714) 647-6956
With courtesy copies to:
Executive Director of Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-43)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-5616
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and,
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6515
To Consultant:
Albert Grover & Associates
211 East Imperial Highway, Suite 208
Fullerton, California 92835
telefacsimile (714) 992-2883
Attn: Mark H. Miller, P.E., Vice President
A party may change its address by giving notice in writing to the other party. Thereafter,
any notice, tender, demand, delivery, or other communication shall be addressed and transmitted
to the new address. If sent by mail, any notice, tender, demand, delivery, or other
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, any notice, tender, demand, delivery, or
other 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. 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.
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11. 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.
12. 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.
13. 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.
14. JURISDICTION - VENUE
This Agreement and all questions relating to its validity, interpretation, performance, and
enforcement shall be government and construed in accordance with the laws of the State of
California. 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 ofthe 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.
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15. PROFESSIONAL LICENSES
Consultant shall, throughout the term ofthis 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 ofthe 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.
16. 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 ofthis Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
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PATRICIA E. HEALY
Clerk ofthe Council
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
BY:!it;,<- ~
Lisa Storck
Assistant City Attorney
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CITY OF SANTA ANA:
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City Manager
ark H. Miller, P.E.
Vice President
Albert Grover & Associates
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Employer ill # or Individual SS #
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EXHIBIT A
REQUEST FOR PROPOSALS
ENGINEERING AND TRAFFIC SURVEY
FOR SPEED LIMITS UPDATE
City of Santa Ana
Public Works Agency
20 Civic Center Plaza, M-21
Santa Ana, Ca 92701
July 2000
TC'
T. C. Sutaria
Traffic Engineer
TABLE OF CONTENTS
I.
PROJECT DESCRIPTION
.........................................................................
1
II. SCOPE OF WORK .............................................................................. ..... 1
A. Engineering and Traffic Survey .................................................................1
B. Summary of Products ..... .......... .............. .... ........ ...... ..... ........ .... ...... .......2
III. PROJECT REQUIREMENTS .................................. ...................................3
A. Proposal Submittal.... ... .... ....... ...... ......... ....... ....... ............... ............... ....3
B. Organization, Credentials and Experience .................................................... 3
C. Sub-Consultants . .......... ... .......... ...... ..... ....... ....... .... ............ ........ ...... ..... 3
D. Work Schedule .....................................................................................4
E. References ........ ..... ............... .......... ......... .................. ........ .......... ........4
F. Insurance ............. ......... ................ ........ ........... .... ........ ... ............... .....4
G. Fee Proposal.... ............. .... ...... ......... ................... .... ...... ......... ........ ... ...5
H. Commitment ......... ........ ........ ........................ ..................... ..... .... ..... ....7
I. Prime Consultant Responsibilities ........ ............ ............. ...... .., ...... ...... ... .....7
J. Delays .... ..... ... ...... ......................................... ...... ........ ...... ......... ..... ...7
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IV. CITY RESPONSIBILITIES ........................................................................7
A. Information ..... ....................... ......... ........... .......... .... ........ ... ....... .........7
B. Addenda . ......... .... ........ ............... ......... ... ...... .......... .... ............ ............ 8
C. Project Control. .... .... ...... ................ ... ........ ............. ...... .... ............ ........ 8
V. CRITERIA FOR SELECTION ....................................................................8
A. Oral Interview... ........ ....... .............. ..... ................. ...... ............. .... ......... 8
B. Evaluations Criteria . ....... .............. ........ ............ ............ .............. ..... .,. ... 8
C. Proposal Rejections ........ ......... ...... ........ ........................... ........ ....... ......9
D. Proposed Fee..... ...... ......... ........ ............ ............ ...... ...... ......... ........ .......9
VI. PAYMENT SCHEDULE ............................................................................9
VII. AFFIRMATIVE ACTION PROGRAM .........................................................9
APPENDIX: Certification of Non-Discrimination by Consultants
Sample Certificate of Insurance
Sample U Additional Insured Endorsement" Form
Sarriple Consultant Agreement
Other Samples
List of Consultants
REQUEST FOR PROPOSAL
ENGINEERING & TRAFFIC SURVEY
FOR SPEED LIMITS UPDATE
I. PROJECT DESCRIPTION
The City of Santa Ana is soliciting proposals from professional consulting firms to
provide a five-year update of the current Engineering and Traffic Survey for speed
limits to comply with California Vehicle Code 40802 (B).
The consultant shall do the Engineering and Traffic Survey work in accordance with the
State of California, Department of Transportation, Traffic Manual, Chapter 8-03
(Speed Limits and Zones) and the State of California Vehicle Code 627. The latest law
will be applied, as required, to this project. Each person conducting the vehicle speed
(radar) surveys shall be certified by the manufacturer of the radar gun with which such
person conducts the surveys. Proof of certification must be included in the proposal.
II. SCOPE OF WORK
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A.
Engineering and Traffic Survey
The project shall consist of the following tasks:
1. Conduct vehicle speed (radar) surveys for 180 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).
2. Conduct field reviews of each of the 180 street segments. Tbe 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 also review and consider the
reasons previously given for reducing the speed limit from the 85'" percentile
speed in the 1997 speed limits updates. Deviations from these previous
recommendations must be satisfactorily justified to City staff prior to their
inclusion.
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4. Prepare a Summary of Recommendations in chart form to include the street
name, street segment, existing speed limit, recommended speed limit, 85th
percentile speed, mean speed, 10 mph pace range, percent of vehicles in pace,
date of survey, and reason for speed limit change from the 85th 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.
All procedures and speed limit recommendations shall be per the latest requirements in
Caltrans' Traffic Manual plus the latest law in the most current version of the California
Vehicle Code.
B. 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:
I. The radar speed survey sheets with raw data for each street segment (180
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.
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.
II Including a color map of the recommended speed limits.
. Including a list of recommended speed limit increases and decreases (see
samples).
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.
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III. PROJECT REQUIREMENTS
A. Proposal Submittal
Six (6) copies of the proposal are due in the office of the Executive Director,
Public Works Agency, 20 Civic Center Plaza, M-21, Fourth Floor, Santa Ana,
CA 92701 no later than 5:00 p.m., on Friday, August 11, 2000. NO PROPOSAL
WILL BE ACCEPTED AFTER THE DUE DATE AND TIME.
The fee schedule (one copy) must be separately bound, sealed and submitted
to the City with the proposals. To be considered, all proposals shall be
completely responsive to the RFP. Proposals should be brief and to the point.
The City's tentative schedule for selection of the Consultant is as follows:
. Issue RFP
. Proposals Due
. A ward Consultant Contract
July 14, 2000
August 11, 2000
September 18,2000
B. Organization, Credentials and Experience
...
1. Provide a synopsis of firm's history.
2. Identify the project manager and key personnel assigned to the project.
Describe their qualifications, education and representative experience.
3. Identify each person who will conduct radar speed surveys and provide
certification by the manufacturer of the radar gun used for the survey.
4. Provide a brief description of representative work involving projects
which are similar in scope to the current project.
5. Include samples of the forms, if available, used in previous projects.
6. State whether or not the firm or any subconsultants to be used are a
minority, women or disabled business enterprise.
C. Subconsultants
1. Subconsultants, if needed during the term of this project, shall be
identified with a list of assigned personnel, their qualifications,
education, and representative experience.
2. State whether or not the subconsultant(s) is a minority, women or
disabled business enterprise.
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D. Work Schedule
1. Provide a narrative of the Consultant's understanding of the scope of
work including a work plan showing the relationship of events and a
schedule for completing all the requirements set forth in this Request for
Proposal.
2. The anticipated project schedule is shown below:
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PROPOSED SCHEDULE
School Area Pedestrian Safet' Study - CityWide
JUL AUG SEP OCT NOV DEC JAN FEB
TASK 2000 2000 2000 2000 2000 2000 2001 2001
OA. RFP & Consultant *** ***
Selection (City)
1. Radar Speed Surveys *** ***
2. Field Review & Data *** ***
Collection
3. Analysis *** ***
4A. Draft Reoort ***
OB. City's Review * ***
4B. Final Reoort ***
5. Sketches for Sign ***
Changes
* NOTE: If survey data seems either unusually high or low, the City may require such
locations to be resurveyed at no additional cost to the City .
E. References
Consultant shall provide a list of at least two (2) references of previous, recent
related projects, with the name of the agency, the name of a contact person and
their current address and telephone number.
F. Insurance
With respect to performance of work for this project, the Consultant shall
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maintain and shall I.'!:quire its subcontractors, if any, to maintain insurance as
described below:
I. Workers' Compensation Insurance with statutory limits.
2. Commercial general liability insurance, or equivalent form, with a
combined single limit of not less than $1,000,000 per occurrence. If
such insurance contains a general aggregate limit, such limit shall apply
separately to each project the Consultant performs for the City. Such
insurance shall: a) Name the City of Santa Ana and its officers and
employees as additional insureds; and b) Be primary with respect to
insurance or self-insurance programs maintained by the City, and c)
Contain standard separation of insureds provisions.
3. Professional liability (errors and omissions) insurance, with a combined
single limit of not less than $1,000,000 per claim.
~~.
Consultant shall: a) Furnish properly executed certificates of insurance to the
Executive Director of Public Works (Director) prior to commencement of work
for this project, which certificates shall clearly evidence all coverages required
above and provide that such insurance shall not be materially changed or
terminated except on 30 days' prior written notice to the City (See Sample
in the Appendix), b) Attach a completed and signed copy of the City's
"Additional Insured Endorsement" form to the certificates of insurance
noted above (See Sample in the Appendix), c) Maintain such insurance from
the time work first commences until completion of work for this project, and d)
Replace such certificates and form for policies expiring prior to completion of
work for this project.
The Director may waive or reduce the requirements of this section if and to the
extent the Director determines them to be unreasonably burdensome to the
Consultant and not necessary for the protection of the City.
Samples of the certificate of insurance and "Additional Insured Endorsement>>
form are in the Appendix.
G. Fee Proposal
I. The fee proposal must be bound and sealed, separately from the
proposal, and submitted to the City with the proposal. Consultant
compensation shall be on a fIXed fee basis. The fee proposal must be
segregated by the tasks listed below along with the hours assigned for all
personnel:
Task I. Radar speed surveys (180 zones)
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Task 2. Field review and other data collection
Task 3. Analysis
Task 4. Report preparation
Task 5. Sketches for Sign Changes (35 locations)
The consultant's costs shall be based on 180 zones to be surveyed and
analyzed. In the event this number should change during the course of
the project, an adjustment to the cost will be negotiated based on the total
original cost divided by 180 zones.
.~">
Task No.5 is based on an estimated number of 35 sign-posting locations
that may require changes. Once all recommendations are confirmed by
the City, Task No.5 mayor 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.
Task No.5 needs to be listed in Fee Proposal as a Separate Item with a
price per unit cost listed for 35 locations. The City reserves the right to
issue or not issue this Task or a portion of it.
This information will be used as the basis of payments to the consultant.
2. The fee proposal shall reflect all anticipated fee increases for the contract
duration. The City of Santa Ana reserves the right to negotiate the final
fee prior to award of the contract.
3. A fee schedule for the proposed services must be provided in the fee
proposal.
4. Consultant compensation shall be on a not-to-exceed fee basis. The fee
shall reflect the scope of work and project requirements as outlined in
this Request for Proposals. All incidental costs to this contract shall be
included in the fixed fees provided. Failure to include the total scope of
work in the fee proposal shall disqualify the Consultant.
5. Hourly wage rates charged by principals and employees for extra work
shall be included. Extra work, if any, determined at a later date shall be
clearly beyond the scope of the Request for Proposals and Agreement.
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H. Commitment
1. The proposal must be signed by the individual, or company official with
the power to bind the company in its proposal.
2. The contents of the proposal of the successful Consultant shall become a
contractual obligation if a contract ensues. Failure of a Consultant to
accept this obligation will result in the cancellation of any award. Any
damage accruing to the City as a result of a failure to contract may be
recovered from the Consultant.
3. The signer of the proposals must declare in writing that the only person,
persons. company or parties interested in the proposal as principals, are
named therein; that the proposal is made without collusion with any other
person, persons, company, or parties submitting a proposal; that it is in all
respects fair and in good faith without collusion or fraud, and that the signer
of the proposal has full authority to bind the principal proposer.
I.
Prime Consultant Responsibilities
....~~
The selected Consultant will be required to assume responsibility for all services
offered in his proposal. The selected Consultant will be sole point of contact
with regard to contractual matters, including payment of any and all charges
resulting from the contract.
The selected Consultant will be expected to comply with all applicable federal,
state and local regulations, building codes, and contract provisions.
J. Delays
The City reserves the right to delay scheduled dates if it is to the advantage of
the City. The City will extend the deadline for completion of the project,
should it be necessary, provided a new completion date is agreed upon by both
the City and the selected Consultant.
IV. CITY RESPONSIBILITIES
A. Information
The City will provide the following to the Consultant:
1. A copy of the City's 1997 Engineering & Traffic Surveys for Speed
Limits Study.
2. A map of the City.
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3. The City's aelial photographs, available for review at City offices.
4. The availability of City accident and traffic volume records.
B. Addenda
Any subsequent changes in the RFP from the date of issuance to the date of
submittal will result in an addendum by the issuing office to those parties who
have provided the proper notice of interest in responding to the RFP.
C. Project Control
Control of the project shall remain the total responsibility of the City.
CRITERIA FOR SELECTION
The responses received will be reviewed by selection committee of City staff members.
All proposals received will be fully reviewed and rated by the selection committee. The
committee will then average the scores of each evaluator. Based on average scores, the
top group of Consultants will be selected, and their sealed fee envelopes will be
opened. The City is free to select any of the top group of Consultants, and may
consider price at this point. If the price quoted by the most qualified Consultant is
unacceptable, the City may attempt to negotiate a lower price, or may simply accept the
price submitted by the second or third most qualified Consultant.
A. The final candidates may be invited by the selection committee for an oral
interview. If so, the selection committee will evaluate the materials submitted,
along with the oral interview (if required) and make the final recommendations.
B. Evaluations of proposals and interview include the following criteria:
I. Experience and reputation of the firm as documented by projects similar in
requirements and scope of this project.
2. Experience and credentials of key personnel assigned to the project.
3. Responsiveness to project objectives and work tasks as evidenced in the
proposal and interview.
4. Project scheduling in conformance with the City's projected development
schedule.
5. Consultant's past record or performance in City projects with regard to
controlling costs, quality of work, and adherence to work schedules.
8
6. The completen~s of the proposal and the clarity of responses to interview
questions (as applicable).
7. List of at least two (2) references.
C. Proposal Rejection
The City reserves the right to reject any or all proposals submitted, and is not
liable for any pre-contractual expenses: Pre-contractual expenses are defined as
expenses incurred by the offeror in: a) Preparing the proposal in response to
this RFP; b) Submitting that proposal to the City; c) Negotiating with the City
any matter related to this proposal; d) Any other expenses incurred by offeror
prior to date of award, if any, of the contract. Offeror shall not include any
such expenses as part of the price as proposed in response to this RFP.
D. Proposed Fee
The proposed fee will be opened and evaluated for only the top ranking
Consultants. Task 5 needs to be separated from other tasks as explained earlier
in RFP, Section III. G. "Fee Proposal".
--
VI. PAYMENT SCHEDULE
On the twenty-fifth day of each month, the selected Consultant shall submit an invoice
to the City for the service rendered in that month. The invoice shall include a detailed
breakdown of the services, tasks, hours, and unit costs of the hourly rates.
1. Up to 90% shall be paid to the Consultant by the City of Santa Ana for each
task until the task is completed. A percentage of total contract will be retained
until all tasks have been completed.
2. If additional services are required and agreed to by the City prior to incurring
additional work, the consultant will be paid for these services as noted in
Section III. G. "Fee Proposal" .
VII. AFFIRMATIVE ACTION PROGRAM
The City has an affirmative action program. The purpose of the affirmative action
program is. to encourage certified minority business enterprises and women business
entfrprises. All submitting firms must have established affirmative action programs
which are acceptable to the City.
The Consultant shall complete and sign the attached "Certificate of Non-Discrimination
by Consultants" and include it with the proposal.
K,\Traffic\RFP's\Proj 1621.mms.RFP.7.14-00.doc
9
. .
EXHIDIT B
ADDITIONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance Company
This endorsement modifies such insurance as is afforded by the provisions of Policy
# relating to the following:
1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its
officers, employees, agents, volunteers and representatives are named as additional insureds
("additional insureds") with regard to liability and defense of suits arising from the operations
and uses performed by or on behalf of the named insured.
2. With respect to claims arising out of the operations and uses performed by or on
behalf of the named insured, such insurance as is afforded by this policy is primary and is not
additional to or contributing with any other insurance carried by or for the benefit of the
additional insureds.
3. This insurance applies separately to each insured against whom claim is made or
suit is brought except with respect to the company's limits ofliability. The inclusion of any
person or organization as an insured shall not affect any right which such person or organization
would have as a claimant if not so included.
4. With respect to the additional insureds, this insurance shall not be cancelled, or
materially reduced in coverage or limits except after thirty (30) days written notice has been
given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701.
(Completion of the following, including countersignature, is required to make this endorsement
effective.)
, this endorsement form as a part of
Effective
Policy #
Issued to
Named Insured
Countersigned by
Authorized Representative
8
~,---
j ACORD,. CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDNY)
07/10/2002
PRODUCER (949)263-0606 FAX (949)263-0906 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Complete Insurance, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Cal i fornia oor 10437762 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
1500 Qua i 1 St. , Suite 410
Newport Beach, CA 92660 INSURERS AFFORDING COVERAGE
INSURED Albert Grover & Associates, rne. INSURER A: American Manufacturers Mutual
211 E. Imperial Hwy. , Suite 208 OJ-~ INSURER B: American Motorists Ins. Co. .
Fullerton, CA 92835 A,;,o03t" O'l~ INSURER C (c/o Kemper OSA) I
INSURER O' I
, ~ I ,:JOO?'''' INSURER E
COVERAGES I
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING i
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WlTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TOAll THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH i
POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I
INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE Pg~tpEY,~~bRtmN LIMITS I
lTR DATE MMIOOIYY
~NeRAL LIABILITY RE80853900 07/01/2002 07/01/2003 EACH OCCURRENCE , l,OOO,OOO[
X COMMERCIJlL GENERAL LIABILITY FI"E DAMAGE iAny one fire) , 500,000'
I CLAIMS MADE 0 OCCUR MED EXP (Anyone person) , 10,000
A f- PERSONAl.. & ADV INJURY , 1,000,0001
'- GENERAL AGGREGATE , 2,000,000
n'L AGG:EnE LIMIT APAS PER PRODUCTS. COMP/OP AGG , 2,000,000:
PRO- l
POLICY JECT lOC
~TOMOBILE LIABILITY RE80853900 07/01/2002 07/01/2003 COMBINED SINGLE LIMIT
(Eaacc,denl) ,
'- ANY AUTO 1,000,000
'- ALL OINNED AUTOS BODILY INJURY
(Per person) ,
SCHEDULED AUTOS
A :--
2- HIRED AUTOS BODILY INJURY
(Pereccidenll ,
!...- NON-OWNED AUTOS
PROPERTY DAMAGE ,
IPeraccidenlj
==i~GE LIABILITY AUTO ONLY - EA ACCIDENT ,
ANY AUTO OTHER THAN EAACC ,
AUTO DNl Y AGG ,
EXCESS LIABILITY RE80&S3900 07/01/2002 07/01/2003 EACH OCCURRENCE , 2,000,000
fj:CCUR D CLAIMS MADE AGGREGATE , 2,000,000
A ,
=i ~EDUCTlBlE ,
RETENTION , ,
WORKE.RS COMPENSATION AND BG08850202 07/01/2002 07/01/2003 X I r"~~-L~I~S I IOJ~-
EMPLOYERS' LIABILITY El. EACH ACCIDENT $ 1,000,000
B 1,000,000
1'0 FORM E,l. DISEASE - EA EMPLOYE ,
APPROVED AS , El. DISEASE - POLICY LIMIT , 1,000,000
OTHER ~~ i4' 10 day notice appl i es to
CRIS E LEE SHAW non-payment and/or
~,.. non-reporting of payroll
l-D_ESCRIPTlON OF OPERATlONSILOCATlONSNEHICLESIEXCLUSIONS AD'CEVBY ~NDORSEMENTfSPECIAL PROVISIONS but only if required by written
ertificate holder is additional insured as respects general liability
ontract with the named insured prior to an occurence and a, per coverage form BP7434 . Coverage subject
0 all policy terms and conditions.
CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER lETTER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE i
City of Santa Ana, its officers, employees, & EXPIRATION. D..a!E THEREOF, THE ISSUING COMPANY WILL lrweX~ MAil
representatives .2.L DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
Publ i c Works Dept. .~II(a::~J()liX1(~tlJ.).:jfll!l:OSElllC))II~~~)(.)JXX
Attn: Dowling Tsai, Trfc Eng
Ma i1 Station 43, P.O. Box 198& ~k~~~X~X~OCS~~X~<<~~A~~~XXXXXXX
Santa Ana, CA 92702-1988 AUTHORIZED REPRESENTATIVE ~c;7:~
Al i cia Il1ram, AAI*/MICHMA
ACORD 25.5 (7197)
@ACORD CORPORA TIDN 1988
IMPORTANT
If the certificate holder Is an ADDITIONAL INSURED. the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
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).
DISCLAIMER
The Certificale of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmalively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25-S (7/97)
ACORD,. CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIODIYY)
07/10/2002
PRODUCER (949)263-0606 FAX (949)263-0906 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Complete Insu~ance, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
California 001 #0437762 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
1500 Quail $t. . Suite 410
Newport Beach, o 92660 INSURERS AFFORDING COVERAGE
INSURED Albert Crover & Associates, Inc. INSURER A: Greenwich Insurance Company
211 E Imperial Hwy., Suite 208 INSURER B (c/o ECS Underwriting/XL)
Full erton I 09283> INSURER C
INSURER 0
, INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT \NlTH RESPECT TO WH,ICH 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 AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
INSR TYPE OF INSURANCE POLICY NUMBER P~i+~~~~~gg~lE Pgi!fEY,~~~6'~N LIMITS
LTR
~NERAL LIABILITY EACH OCCURRENCE $
COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Anyone fire) $
I CLAIMS MADE D OCCUR MED EXP (Anyone person) $
e- PERSONAL & ADV INJURY $
>- GENERAL AGGREGATE $
n'L AGG~EnE LIMIT APPLIES PER PRODUCTS - COM PlOP AGG $
PRO. n
POLICY JECT LaC
~TOMOBILE LIABILITY COMBINED SINGLE liMIT $
ANY AUTO (Ea accidenl)
>-
>- ALL OWNED AUTOS BODilY INJURY
(Perpersonl $
f- SCHEDULED AUTOS
- HIRED AUTOS BODilY INJURY
$
NON-OW'NEO AUTOS {Peraccidenq
f-
f- PROPERTY DAMAGE $
(Peraccidenll
==rAGE LIABILITY AUTO ONLY. EA ACC1DENT $
ANY AUTO OTHER THAN EA Ace $
AUTO ONLY AGG $
EXCESS LIABILITY EACH OCCURRENCE ,
~:~~j'oeeUR D CLAIMS MADE AGGREGATE $
$
==i ~EDUCTlBLE $
RETENTION $ $
WORKERS COMPENSATION AND I i6"i.m.J,~S I TIf
EMPLOYERS' LIABILITY E,l EACH ACCIDENT $
EL DISEASE - EA EMPLOYE $
EL DISEASE - POLICY LIMIT $
OTHER ECOO12197 07/09/2002 07/09/2003 S2,000,OOO Per (1 aim
rofessiona1 Liability
A $2,000,000 Aggregate
DESCRIPTION OF OPERATlONSllOCA TlONSNEHIClESIEXClUSIONS ADDEO BY ENDORSEMENT/SPECIAL PROVISIONS "'"~::~ FORM
0 day notice Endt. EN5V5E165 i ncl uded - 10 day notice appl i es to
ISTINE LEE1'HAW
Deputy City Attornev
CERTIFICA TE HOLDER I I ADDITIONAL INSURED; INSURER LETTER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
City of Santa Ana, its officers, employees, & EXPIRATION GA-TE THEREOF, THE ISSUING COMPANY WilL ENDEAVOR TO MAIL
representatives ~ DAYS WRITTEN NOTICE TO THE CERTIFICA TE HOLDER NAMED TO THE LEFT,
Public Works Dept.
Attn: Dowling Tsai, Trfc fng BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
Mail Station 43, P.O. Bo, 19&& OF ANY KINO UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
Santa Ana, 0 92702-198& AUTHORIZED REPRESENTATIVE ~7~
Al; ci a Igram, AAI~' /MICHMA
ACORD 25-S (7/97)
@ACORDCORPORATION 198<
ENDORSEMENT NOTICE
This endorsement, effective 12:01 .a.m., July 9, 2002 forms a part of
Policy No. PEC0012197
Issued to Albert Grover & Associates, Inc.
by Greenwich Insurance Company
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXTENSION OF NOTICE OF CANCELLATION PERIOD
This endorsement modifies insurance provided under the following:
CONSULTANT'S ENVIRONMENTAL LIABILITY POLICY
PROFESSIONAL AND POLLUTION LIABILITY POLICY
In consideration of the indicated adjustment of premium, the NAMED INSURED and the Company agree
to the following Policy change(s):
Premium (increase/reduction): N/A
A 30 day notice of cancellation will be provided to:
City of Santa Ana, its officers,
employees, & representatives
Public Works Dept.
Altn: Dowling Tsai, Trfc Eng
Mail Station 43, P.O. Box 1988
Santa Ana CA 927021988
The Notice of Cancellation period above stated shall not be less than the statutorily required period for
Cancellation as provided for by law in the State in which this policy is issued to the aforementioned
NAMED INSURED.
All other terms and conditions remain the same.
APP
ED AS TO FORM
3
I TINE LEE SHAW
Deputy City Attorney
CZ/U;/J_/ /~. ~~/?7--
(Authorized Represe tative) .
ENSVSE165 (7/99)
ARCHITECTS AND ENGINEERS PROGRAM ENDORSEMENT
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY,
INsunED: Albert Grover & Associales, Inc.
POLICY NUMBER: 7RE80853900
POLICY PEnIOD: 07/01102 to 07/01/03
American Manufacturers
Mulual
ADDITIONAL INSUnED: City of Santa Ana, its officers, employees, &
rcp resell fa tives
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS POLICY
C. Waiver of Subrogation:
A. Additional Insured:
Th~ following is added to the Businessowners
Liability Coverage Form. BP 71 OS;
Paragraph 2., of the TRANSFER OF RIGHTS
OF RECOVERY AGAINST OTHERS TO US
condition, of the Businessowners Common Policy
Conditions, BP 71 10, is deleted and replaced by
the following;
2. Applicable to Businessowners Liability
Coverage:
Item 5. Of Section C. - WHO IS AN INSURED,
is deleted and replaced by the following:
5. Additional Insureds - By Contract,
Agreement Or Permit
Any person or organization to whom or to
which you are obligated by vinure of a written
contract, agreement or perm it to provide such
insurance as affored by this policy is an
insured, but only with respect to liability
arising out of:
a. If the insured has rights to recover all or
part of any payment we have made under
this policy, those rights are transferred to
us. This insurance shall not be
invalidated should the Named Insured
waive in writing, prior to a loss, any or
all rights of recovery against any party
for a toss occurring. However, the
insured must do nothing after a loss to
impair these rights. At our request, the
insured will bring "suit" or transfer those
rights to us and help us enforce them.
This condition does not apply to Medical
Expenses Coverage.
a. "Your work" for that insured by you;
b. Penn its issued by state or political
subdivisions for operations performed by
you; or
c. Premises you own, rent, occupy or use.
Th is provision does not apply unless the
written contract or agreement has been
executed, or the permit has been issued, prior
to the "bodily injury,' "propeny damage,"
"personal injury" or "advertising injury."
b. After a loss you may waive your rights
against another party in writing, only if,
at the time of the loss, that pany is one
of the following:
A business firm:
Il Primary Coverage:
I) Owned or controlled by you; or
With respect to claims anslI1g out of the
operations of the Named Insured, such insurance
as aftorded by this policy is primary and is not
additional to or contributing with any other
insurance carried by or for the benefit of the
above Additional Insureds.
2) That owns or controls you.
0/, ";,,) /~ a.O~
Countersigned by Authorized Representative
~~i;,j .TO FORM
CRISTINE LEE S~
Deputy City Attorney
I3P 7434 (Ed. 0799) Abbreviated
Printed in U.S.A.