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Home My WebLink About25A - AGMT - TRAFFIC COUNTING SRVSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING [SATE: MARCH 1, 2016 TITLE: AGREEMENT WITH TRANSPORTATION STUDIES, INC., FOR TRAFFIC COUNTING SERVICES (PROJECT NO. 16 -6875) (STRATEGIC PLAN NO. 1, 31911 CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: :+ . s ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Confirm denial of the bid protest from Quality Traffic Data, LLC, dated January 14, 2016. 2. Authorize the City Manager and Clerk of the Council to execute an agreement with Transportation Studies, Inc., to provide traffic counting services for a one -year term, beginning March 1, 2016, through February 28, 2017, with provision for two one -year term extensions exercisable by the City Manager and the City Attorney, in an amount not to exceed $50,000 over the life of the agreement, subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION The City received a bid protest on January 14, 2016, from Quality Traffic Data, LLC. The Public Works Agency, in consultation with the City Attorney's Office, reviewed and analyzed the basis of the protest. Attached are the findings and recommendation for denial. The City outsources annual traffic counting services to conduct counts for neighborhood studies, the biannual citywide traffic volume study, pedestrian /bicycle counts, and the annual traffic signal and left -turn signal priority studies. The scope of services for this agreement also includes data collection and speed surveys in support of the speed hump program. A Request for Proposals (RFP) for annual traffic counting services was posted on the City website on Tuesday, November 24, 2015. Two consultants submitted proposals which were reviewed by a three - member committee comprised of Public Works Agency staff. The ratings were based on experience, qualifications, project understanding, scheduling, past performance, and the overall proposal. Once rated, the sealed bids of the two firms were opened. 25A -1 Agreement for Traffic Counting Services March 1, 2016 Page 2 The RFP required each firm to submit proposed fees for a given work scenario. The scenario costs were for comparison purposes only and not related to the actual work to be done. The proposal scores and scenario costs are as follows: Rank Firm Average Score Total Scenario Cost 1 Transportation Studies, Inc. 96 $18,437.50 2 Quality Traffic Data, LLC 71 $17,850.00 Based on rating and cost, it is recommended that Transportation Studies, Inc., be retained for an amount not to exceed $50,000 for traffic data collection services. The consultant will be paid only for the services performed as requested by staff and in accordance with the rates submitted in its proposal. The contract will include an option to extend the agreement for two one -year terms, without an increase in compensation, for a total maximum of three years. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #1 — Community Safety, Objective #3 (promote fiscal accountability to ensure financial responsibility at all levels of the organization), Strategy B (promote ongoing efforts to obtain grant funding for activities that will assist in preventing, enforcing and reducing criminal activity and traffic collisions). FISCAL IMPACT The total amount of the agreement is not to exceed $50,000. Funds have been budgeted and are available for expenditure in the FY 2015/16 Capital Improvement Program in the Measure M2 Local Fairshare account (No. 03217662 - 66220, Project 16 -6875) and will be budgeted in FY 2016/17 from the same account according to the spending plan below. Any unspent encumbered balance will be carried forward into subsequent fiscal years as needed to fulfill the agreement term. 25A -2 Agreement for Traffic Counting Services March 1, 2016 Page 3 Contract Period Fiscal Year Amount 2015/16 (March — June) $20,000 2016/17 (July — March) $30,000 Public Works Agency FM:ZK TOTAL: $50,000 APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency Exhibits: 1. Protest Findings and Recommendation 2. Agreement 25A -3 25A -4 MAYOR Miguel A. Pulido MAYOR PRO TEM Vincent F. Sarmiento COUNCILMEMBERS Angelica Amezcua P. David Benavldes Michele Martinez Roman Reyna Sal Tinajero January 22, 2016 CITY OF SANTA ANA 20 Civic Center Plaza . P.O. Box 1988 Santa Ana, California 92702 (714) 647.5662 www.santa- ana.org Quality Traffic Data Attn: Dantry Gouhari 9701 W. Pico Blvd., Suite 205 Los Angeles, CA 90035 SUBJECT: TRAFFIC COUNTING SERVICES PROTEST Dear Mr. Gouhari: Exhibit 1 CITY MANAGER David Cavazos CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Maria D. Hulzar This letter responds to Quality Traffic Data, LLC's ( "QTD ") bid protest, dated 'January 14, 2016, protesting the bid submitted by Transportation Studies, Inc. ( "TSI "), the bidder, for the field traffic counting services, See Attached Email. Following review and analysis of your protest and consultation with legal counsel, I have determined that your protest lacks merit for the reasons stated below. Therefore, I will recommend that the City Council reject QTD's bid protest and award the contract for the traffic counting service to TSI as the winning bidder. I. LEGALSTANDARDS In Section I11 (I) of the City's Request for Proposals, the City expressly reserves its rights to evaluate bid compliance and to waive minor bidding errors: "The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any minor inconsistency, informality or technical defect in the proposal." The City's discretion to waive inconsequential informalities or irregularities is well- established under California law: "flJt is further well - established that a bid which substantially conforn2s to a call,fbr bids znay, though it is not strictly responsive, be accepted if the variance cannot have affected the amount of the bid or given the bidder an advantage or benefit not allowed other bidders or, in other words, if the variance is inconsequential" (Bay Cities Paving & Grading, Inc. v. City of San Leandro (2014) 223 Cal.App,4th 1181, 1188 ( "Bay Cities'). SANTA ANA CITY COUNCIL Mlgool A. PuOdu vlo=t F. So, d ianto Michele Marlrnex Angelica Arnemua R 03vPo awn das Romeo rxey" Sal Tldalero Mayan Mayor Pro Tem, Ward l Ward ward Word Word Word ,mnuLdolsanta ena orq 4yo mlentaBlamis- on..olq mmod,de?' @,.dt. aaa.0IU aF l i l"d =q f dbC, avitl rramoftp2 is iadrg 51�s1ti3 a ! , rs Mr. Gouhari Page 2 fanuary 22, 2016 In general, issues of responsiveness are determined by looking exclusively at the face of the bid, (Great West Contractors, Inc. v. Irvine Unif, Sch. Dist. (2010) 187 Ca1.App.4th 1425, 1453.) Therefore, allegations that go beyond the face of the bid are generally not relevant for determining responsiveness. In addition, allegations of nonresponsiveness must be evaluated from a practical, rather than speculative or hyperteclmical perspective, and based on the public interest: "They must also be viewed in light of the public interest, rather than the private interest of a disappointed bidder. It certainly would amount to a disservice to the public if a losing bidder were to be permitted to comb through the bid proposal... of the low bidder after the fact, (and] cancel the low bid on minor technicalities, with the hope ofsecuring acceptance of his, a higher bid. Such construction would be adverse to the best interests of the public and contrary to public policy. " (Bay Cities, supra, at I189; internal quotation marks omitted.) From this legal framework, we consider the two basis for QTD's bid protest. IL ANALYSIS A. Citv Did Not Receive Three (3) Proposals Quality Traffic Data, LLC's bid protest alleges that the awarding of the contract should be halted because the City did not receive three (3) proposals in response to the RFP. QDT cites no authority for such a proposition and the City is not aware of any such legal impediment to the award of the contract on this basis. In fact, the RFP on its face states as section III (I) that the "City reserves the right to reject any and all proposals submitted and no representation is made hereby that any agreement will be awarded pursuant to this RFP or otherwise." Furthermore, there is no requirement in the RFP itself that the receipt of three proposals is a condition precedent for award of the contract. B, TSI Provided Additional Fee Schedule The other basis for QTD's protest is based on the alleged "confusion to the public" caused by TSI's submission of another fee schedule. QTD does not provide any indication as to how or what mariner the fee schedule causes confusion. Nonetheless, this is rejected inasmuch as the fee schedule was submitted after the selection was made and does not impact the decision of the selection committee, The fee schedule merely clarified the original fee schedule submitted in TSI's winning bid 25A -6 Mr. Gouhari Page 3 January 22, 2016 There is no confusion or finding of any unfair advantage based on the submittal of the additional fee schedule. TSI's selection and winning bid stands based on its original submittal. III. CONCLUSION Based on the foregoing, Quality Traffic Data, LLC.'s bid protest dated January 14, 2016 is DENIED. This matter will be considered by the City Council at its regular meeting of March 1, 2016 at 5:45pm or soon thereafter. The location of the meeting is City Council Chamber; 22 Civic Center Plaza, Santa Ana, California. Sincer Fred Mousavinour. Executive Director c: TSI Enclosure: 1 25A -7 I(ekula, Zdenek From: danny.g @ qua Iitytrafficdata,com Sent: Thursday, January 14, 2D16 5:15 PM To: Kekula, Zdenek; Public _Records Cc: Danny,G @Qua lityTrafficData.com Subject: RE: PUblic Records Request for RFP 15 -090 Attachments: TSI Fee Proposal.pdf Mr, Kekula, City of Santa Ana, City of Santa Ana public records Item No. 1. Accept this e -mail as our formal and official protest to halt all award for RFP 15 -090. We reject the departments decision because the city did not receive three (3) proposals and TSI provided additional "fee schedule" which is confusing to the public. See attached. No contract shall be awarded until our protest is heard in front of your board and department in person, Your department selections was prejudice, racism, discrimination, unethical business practice and unprofessional. Again, no contract shall be awarded till our protest is heard In front of your board /department in person. Provide us with three (3) different dates and times so we can confirm a specific date and time to discuss our protest in person with your board and department. Item No, 2. Who is the chief procurement officer who oversees RFP # 15 -090. Provide first name, last name, e -mail address, phone number and physical address, Item No. 3, Explain to us in detail as to how your department created the score sheet? Item No, 4. Explain in detail why the Evaluator's first name, last name, phone number, contact info is missing? This Is unethical business practice and unprofessional Item No. 5, Provide us with the first name, last name, e -mail address and employment application for each Evaluator. Provide us the employment application for zdenelc "zed "Kekula,P.E'. Item No, 6, Explain to us in detail as to how your department selects a vendor for RFP # 15 -0907 Item No, 7, Who is the Vendor Ombudsman Advocate for vendors. Provide first name, last name, e-mail address, phone number and physical address. -- - - - - -- Original Message -- - - - - -- Subject: RE: PUblic Records Request for RFP 15 -090 From: "Kelcula, Zdenek" <ZKekula@santa-ana ora> Date: Thu, January 14, 2016 4:50 pm To; "'danny anciLialitytrafficclata.com "' < danny .at7qualitytrafficdata,com> Dear Mr. Gouhari, Enclosure 1 t 25A -8 This Is a follow up to our conversation earl iertoday to discuss the debriefing of your proposal. The Information requested via your public records request dated January 4 was provided to you on January 11, 2016, Your additional orsecond request was received on January 11, 2016 so we are still well within the allotted time to respond to your additional or second public records request. With the above information attached to this e- mail, this response Is completely responsive to your additional or second public records request dated January 11, 2016. Any further public records request need to he addressed to the City of Santa Ana Clerk of the Council. Sincerely, Zdenek "Zed" Kekula, AE. Senior Civil Engineer City of Santa Ana (714) 647 -5606 (714) 647.5616 fax From: dann , ualitytrafficdata com [maULgAannv nCilnuaht ytrafficdata com] Sent: Thursday, January 14, 2016 1,25 PM To: Kekula, Zdenek Subject: RE: Public Records Request for RFP 15 -090 ZND AT ",rFMPi' Provide us the requested documents by today before close of business. If we do not receive the requested documents by today we will file our formal and official protest, -- - - - - -- Original Message -- - - - - -- Subject: RE: Public Records Request for RFP 15 -090 From: <dannyyC nualitytrafficdata.com> Date: Mon, January 11, 2016 12:10 pm To: "Kekula, Zdenek" <ZKekula@santa -ana ora> Please advise the reason why Quality Traffic Data, LLC was not awarded the contract. Also, provide us with the score sheet for all consultants /vendors and the name of each Individual who evaluate the proposal. -- - - - - -- Original Message -- - - - - -- Subject: PUbllc Records Request for RFP 15 -090 From: "Kekula, Zdenek" <ZKeku1aL65anta- ana.crg> Date: Mon, January 11, 2016 11:49 am To: "danny.aCaqualitytrafficdata com" <danny,gCaaualitytrafficdata com> Dear Mr. Gouhari, In response to your public records request via e -mail dated January 4, 2015 attached please find files that include copies of the fee proposals and proposals for RFP No 15 -090 Traffic Counting Services. The selected consultant is Transportation Studies, Inc. With the above information attached to this e -mail, z 25A -9 this response is completely responsive to your public records request. For future public records request, please go to the City of Santa Ana Clerk's webpage to fill out the public records request. By the way, the City has 10 days to respond to public records requests. Sincerely, Zdenek "Zed" Kekula, P.E. Senior Civil Engineer City of Santa Ana (714) 647 -5606 (714) 647 -5616 fax 3 25A -10 1 Transportation Studies, Inc, A Traffic Data Collection Company CITY OFtSANTA ANA Pee Schedule 24Hbau•Machine Counts (MDirecttonal or directional) I to 300 Locations $ 29.50 per location 24 Hour Maclaine Counts (Approocfa) 4 Log Intersection $ 95.00 per location 3 Leg Intersection $ 82.50 per location [Plan anal Tarning Alovement Counts 1 person per location $ 31.25 per hour 2 people per location $ 62.50 per hoar 24 Flour Speed acid Axle Classf%icatioia Counts 2 Lanes $ 80.00 per location 3 -4 Lanes $ 160.00 per location 'Radar Surveys 1 -100 Locations $ 35,00 per location 100 -over $ 30.00 per location Video Cotmt & Video $ 45.00 per Flour Video Only $ 1. 0.00 per IIotu s 2640 WilnutAvanue, Suite H m Tustin, CA 92780 , (7.14) 608 - 6V?_ n Fax (714) a08,90i02 25A -11 APPENDIX ATTACHMENT 4: PROPOSERS CERTIFICATION and PROPOSAL ITEM PRICING Certification - I certify that I have read, widerstand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Attachment A) and am familiar with the scope of work Locations. I am familiar with all the existing conditions and limitation that may impact work requests, I understand and agree that I am responsible for reporting any errors, emissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposal Itern Price - Pricing shall be based on for services described in Attachment A. Fee must be inclusive of all costs, including but not limited to, direct and indirect costs for Tabor, overhead, incidental supplies, travel, mileage, and fuel. Any special materials will be purchased by the contractor only after discussed and authorized by the City projects manager or designee in writing. The purpose of this forth is to provide the City with a basis of comparison of the Consultant's fees. This form will be used for fee comparison purposes only. The table below is a possible annual cost scenario for traffic counting services. Fill in the appropriate unit prices from the Consultant's fee schedule and calculate the Consultant's annual total cost for the scenario. Type OF Count T Unit Cost No. of Locations -- No, cr Year Annual `total Cost 14 dour Sinele =Cnlie Count $ 5 x'I x50 • One intersection, a approaches a 50 separately requested counts per year L44t„,Ltu• DLaljube Count $ 215^' 0 x25 _ x5 A55llme; `- • 25 locations, Slfll0.itanC011$1y, In one neighborhood A 5 times per year IY[nnual`I`tu•nir Movement Counts $ 1 2?� Assume; • 4 -11our manual count (2 hours am & 2 hours pm) at 15 locations, simultaneously, in throughout the City one neighborhood or in various locations • One person counting at each location S times per year City of Santa Ana RFP '15.090 Pa e 24 25 -12 x 11110: * 4-hour count (2 hours am & 2 hours pill) at one location * One Pei-soil Counting 4 5 separately requested counts per year LEGAL 71V 361�. Pk Toy 36oz- 4-A� G. -1 M LICENSE NUMBER -(1F AF�pI_7cARI -r:) THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE FEE PROPOSAL PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED —NONRE5ONSIVE. City Of Santa Ana RFP 15-090 P&C 25 2 A-13 ,I 25A -14 Exhibit 2 CONSULTANT AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is trade and entered into this I" day of March, 2016 by and between Transportation Studies, Inc., a California Corporation, (hereinafter "Consultant'), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City„). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of traffic counting services. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform those services as set forth in Exhibit A to this Agreement. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit B. The total sure to be expended under this Agreement shall not exceed $50,000 during the term of this Agreement. 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 rnade 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 continence on the date first written above and terminate on February 28, 2017, unless terminated earlier in accordance with Section 15, below. The term of this Agreement may be extended upon a writing executed by the City Manager 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 25A -15 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 OR 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 tinder 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. Cornmereial 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 $1,000,000 per accident. d. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: 25A216 (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. e. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not 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 terns 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. 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. RECORDS 25A -17 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 shalt 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: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.Q. Sox 1988 Santa Ana, CA 92702 -1988 Fax 714- 647 -6956 With courtesy copies to: 25A418 To Consultant: Fred Mousavipour, Exec. Director Public Works City Attorney Agency City Attorney's Office City of Santa Ana City of Santa Ana 20 Civic Center Plaza (M -43) 20 Civic Center Plaza (M -29) P.O. Box 1988 P.O. Box 1988 Santa Ana, California 92702 Santa Ana, California 92702 Fax 714- 647 -5635 Fax 714- 647 -6515 Transportation Studies, Inc Patti A. Tolten 2640 Walnut Avenue, Suite H Tustin, CA 92780 Fax No. 714- 508 -3602 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 terns 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 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. TERMINATIiON 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 25A -19 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 Curless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. K 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 maybe 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. 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 25A6 20 written. ATTEST: Maria D. Huizar Clerk of the Council SONIA R. CARVALHO City Atto e By Jose a doval Chi ssistant City Attorney RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOUR Executive Director — Public Works Agency CITY OF SANTA ANA David Cavazos City Manager CONSULTANT: Patti Tolten President Tax IDA 033 - 0773179 25A -21 EXHIBIT A SCOPE OF SERVICES 25A -22 Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR TRAFFIC COUNTING SERVICES RFP NO.: 15 -090 DESCRIPTION AND SCOPE OF WORK The City of Santa Ana is issuing this Request for Proposals (RFP) for Traffic Counting Services. Neighborhood requests for City assistance in solving intrusive traffic problems often require a series of traffic counts to be taken at specific locations over several days to confirm and then to monitor the intrusive traffic. In such a situation, it is important that the same firm be used throughout the study for consistency and reliability. In addition to typical counts for stop sign warrants, the annual contract for traffic counting services may also include the bi- annual city -wide Average Daily Traffic study, City -wide Turning Movement study, and traffic counts for our signal priority list studies. Pedestrian counts, speed surveys, vehicle classifications (using machines) and /or other services may also be requested as part of this contract. For services not specifically listed, a price for such services will be agreed to, if requested. From the proposals received, one or two firm(s) will be selected. The City will enter into an agreement with the firm(s). As traffic counting needs are identified, they will be requested on as needed basis. The City reserves the right to assign the work in any manner which will best serve the City's interests. A. IMPLEMENTATION I. City staff shall have the right to modify, reduce, or delete the services as needed by City. II. The term of the contract shall be for 1 year which shall commence on the date that City Council approves the award or the date that all required bonds and insurance have been approved by the City Attorney, whichever occurs last. III. City shall retain an option to renew on the same terms and conditions as set forth herein for 1 additional one -year terms, for a total maximum total of 3 years. B.SCOPE OF WORK The Consultant shall provide necessary services for collecting traffic count data for various studies on an as- needed basis. This may include, but not be limited to 24 -hour ADT counts, 24 -hour entering traffic volume counts, intersection turning movement counts for 2, 4, or 6 -hour, etc. periods, hourly pedestrian counts, speed surveys, and machine vehicle classifier data. For the assigned tasks, the Consultant shall compile the traffic data and provide the following to the City: For each ADT volume count, a two - directional 15- minute count sheet with hourly totals, similar in format to the sample in Attachment 5. Note: Consultant must be able to provide up to 25 simultaneous count locations for neighborhood traffic counts. For each entering traffic volume count, a 15- minute count sheet with hourly totals, containing all legs of the intersection (sample in Attachment 5). Page 10 25A -23 For each manual turning movement count, a 15- minute count sheet for each count period, with the actual peak hour(s) identified (sample in Attachment 5). Note: Consultant must be able to provide up to 15 simultaneous count locations for neighborhood traffic counts or for various intersection locations throughout the City. For each intersection pedestrian count, a 15- minute count sheet for each count period, plus a count sheet of manual (vehicle) turning movements, if requested. Note: Counts categorized by age group may be requested for certain locations. For the Citywide Average Daily Traffic (ADT) study: a. Count sheets as described above. Note: Consultant should be prepared to conduct counts at 280 locations within a 2 -month period. b. "Traffic Census" booklet (summary of ADTs), 25 bound copies and the associated electronic files. c. Traffic Flow Maps, sample in Exhibit 1, will be included in the 'Traffic Census" booklet. City will furnish the street map on computer diskette, compatible with AutoCAD or Microstation. Depending on the cost provided by the Consultant, the City may choose to complete this map in- house. d. If, due to the cost limit of the contract, more than one Consultant is needed to complete the study, the City will furnish the count data collected by the "secondary" Consultant to the "prime" Consultant who is compiling the 'Traffic Census" booklet. The "prime" Consultant will include this data in the count summary and on the flow maps of the "Traffic Census" booklet. e. Before the Consultant(s) begin the study, a schedule will be developed in cooperation with the Consultant(s) regarding when the counts will be conducted, and when the count data and 'Traffic Census" booklet will be delivered. Computer fike(s) for all counts conducted by the consultant, including manual or machine counts, in Excel spreadsheet format every three (3) months. Computerized files shall also be provided upon city' staff request. City of Santa Ana RFP 15 -090 Page 11 25A -24 EXHIBIT B Fee Schedule 25A -25 TSITransportation Studies, Inc. A traffic Data Collection Company CITY OFSANTA ANA Tee Schedule 24 Hour Machine Counts (Bi- Directional or directional) 1 to 300 Locations $ 29.50 per location 24 Hour Machine Counts (Approach) 4 Leg Intersection $ 95.00 per location 3 Leg Intersection $ 82.50 per location Manual Turning Movement Counts I person per location $ 31.35 per hour 2 people per location $ 62.50 per hour 24 Hour Speed andAxle Classification Counts 2 Lanes $ 80.00 per location 3 -4 Lanes $ 160.00 per location Radar Surveys I -100 Locations $ 35.00 per location 100 -aver $ 30.00 per location Video Count & Video $ 45.00 per Hour Video Only $ 10.00 per Hour 2640 Walnut Avenue, ,Suite H • tustin, CA 92780 • (714) 508 -3692 , Fax (714) 508 -3502 25A -26 APPENDIX ATTACHMENT 4: PROPOSERS CERTIFICATION anti PROPOSAL ITEM PRICING Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Attachment A) and am familiar with the scope of work locations. I am familiar with all the existing conditions and limitation that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposal Item Price - Pricing shall be based on for services described in Attachment A. Fee must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, incidental supplies, travel, mileage, and fuel. Any special materials will be purchased by the contractor only after discussed and authorized by the City projects manager or designee in writing. The purpose of this form is to provide the City with a basis of comparison of the Consultant's fees, This form will be used for fee comparison purposes only. The table below is a possible annual cost_ scenario for traffic counting services. Fill in the appropriate unit prices from the Consultant's fee schedule and calculate the Consultant's annual total cost for the scenario. Type of Covert Unit Cost No. of Locations — No. per Year Annual Total Cost 24- HourSinRie- TabeCount $ �_ x1 x50 =$ tfis Assume: * One intersection, d approaches 450 seoaratcly requested counts per year 24 -Hour Dual -'Cube Count $ 2 q, 5"o x25 x5 Assume: • 25 locations, simultaneously, in one neighborhood Q 5 times per year Manual Turnin Movement Counts $ n, S X 15 x5 = $ Assume: . h -hour inanual count (2 hours am & 2 hours pin) at 15 locations, simultaneously, in one neighborhood or in various locations throughout the City + One person counting at each location . 5 times per year City of Santa Ana RFP 15 -090 v�i� =2 2 7 Pedestrian Counts Tulle , 4-hour count (2 hours am & 2 hours pm) at one location * One person counting * 5 separately requested counts per year so OF COMPANY ADDRESS PHONE 3 FEDERAL b NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMDLR(|[-8PPL\UAULE) THIS FORM MUST BE COMPLETED AND INCLUDED WITH,.THE FEE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 15-090 Page 25 as - EXHIBIT C 25A -29 APPENDIX ATTACHMENT 3 -1: NON - COLLUSION AFFIDAVIT CERTIFICATIONS CITY OF SANTA ANA RE, QUEST FOR PROPOSALS FOR TRAFFIC COUNTING SERVICES RFP NO.: 15 -090 NON - COLLUSION AFFIDAVPf (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 oragent 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 may subject the certifier to cyiminaorosecution. Sighed State of California County of _9 -� Subscribed and sworn to (or affirmed) before me on this 14 day of aef-- , 201 ,5 by AtC t, Sk , proved to me on the basis of satisfactory evidence to be the persotiA who appeared before me. t3 m COMIYI,,,i987801 Inn U � t ��ytFOAPAA �t m JAy term �p.Aupusl 13, 2016 Note y u rc Signature Notary Public Seal City of Santa Ana RFF 15 -090 Page 20 25A -30 APPENDIX F ATTACHMENT 3 -2: NON - LOBBYING CERTIFICATION CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR TRAFFIC COUNTING SERVICES RFP NO.: 15 -090 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 be 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 such sub recipients shall certify and disclose accordingly. Firrn iJ�� Signed and Printed Name:�Xlf %R7Il�CL/ _ Title PCes. Date I'L— )`-I— City of Santa Ana RFP 15 -090 Page 21 25A -31 APPENDIX —� ATTACHMENT 3 -3: NON - DISCRIMINATION CERTIFICATION CERTIFICATIONS CITY OF SANTA ANA RFQIIEST FOR PROPOSALS FOR TRAFFIC COUNTING SERVICES RFP NO., 15 -094 The undersigned consultant or corporate officer; during the performance of this' contract, certifies as follows 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. T'he 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, I965, 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. 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 - .. City of Santa Ana RFP 15 -090 Page 22 25A -32 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 Stars. 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 penalties imposed for a violations of the Chapter. Signed: Q`� , � ql�l Title: Firm: S:7l u-D,e 5, ,Jg6 Date: ), — City of Santa Ana RFP 15 -090 Page 23 25A -33 25A -34