HomeMy WebLinkAbout2010/10/12 Item 5
CITY COUNCIL
AGENDA STATEMENT
~ \ ft.. CITY OF
.~~ (HULA VISTA
10/12/1 0, Item 5
REVIEWED BY:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE
CITY OF CHULA VISTA AND TEAM ECONOLITE TRAFFIC
ENGINEERING AND MAINTENANCE, INe FOR PROVIDING
AND INSTALLING PERMANENT T HIC COUNT STATION
SYSTEMS (TF274)
DIRECTOR OF PUBLIC WORK
ASSISTANT DIRECTOR OF EN
CITY MANAGER~
ASSISTANT CITY~ANAGER Sr
4/5THS VOTE: YES D NO ~
ITEM TITLE:
SUBMITTED BY:
SUMMARY
Due to the expansion of the City's roadway network over recent years, it was determined that
Pemlanent Traffic Count Stations should be installed to aid in the increasing workload demands of
City's Traffic Monitoring Program. Proposals to provide pelmanent traffic count stations were
requested hom qualified equipment vendors and construction companies. A total of two proposals
were received, both from qualified vendors/companies. It was determined that Team Econolite
Traffic Engineering and Maintenance, Ine. is qualified to provide the required services and also
submitted lower initial costs and lower recurring/maintenance costs of the overall system.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed project for compliance with
the California Environmental Quality Act (CEQA) and has determined that the project qualifies
for a Class 3 categorical exemption pursuant to Section 15303, New Construction or Conversion
of Small Structures, of the State CEQA Guidelines. Thus, no further environmental review is
necessary.
RECOMMENDATION
Council approve the resolution.
'..;;.,
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
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DISCUSSION
The City's Traffic Monitoring Program was established to monitor traffic conditions (vehicular
volumes, speeds and delays) along all major collector and arterial roadways throughout the City's
expansive roadway network. The purpose of said monitonng is to detern1ine if any roadways are
approaching or exceeding traffic capacity. Permanent traffic count stations are an integral tool in
the continuous monitoring of traffic conditions, which would provide staff with improvcd data
collection capabilities, and alleviate staff from needing to deploy temporary traffic counting devices
(rubber hose counting equipment) along the busiest roadway segments in eastern Chula Vista.
Currently, staff gathers traffic volume data by means of deploying temporary counting devices,
which Involves installing a rubber hose across all lanes of traffic and securing the data collection
equipment to a fixed object on the side of the road. This means of data collection provides staff
with vehicular volume data only while the equipment is deployed, typically a 48-hour period.
These volume counts are what staff uses to detennine an average daily traffic (ADT) on a roadway
segment for the calendar year. In contrast, Permanent Traffic COllt1t Stations will continually collect
vehicular data throughout the year and are capablc of saving several weeks to months of volllme
data. In addition, other useful data such as vehicular speeds, classifications and headway will also
be gathered. Permanent Traffic Count Stations will significantly decrease the amount of staff time
required to obtain traffic volume data, and will provide staff with a much wider perspective of the
traffic patterns in the City.
Due to the numerous technologies available and manufacturers of equipment designed for
permanent traffic count station systems, staff considered it necessary to request proposals from
qualified equipment vendors and construction companies. Staff received two (2) proposals and has
detern1ined that both respondents were qualified to provide and install permanent traffic count
stations that would meet the City's performance criteria. Team Econolite Traffic Engineering and
Maintenance, Inc. submitted lower initial costs and lower recurring/maintenance costs of the overall
system. Therefore, staff recommends that Team Econolite be awarded the contract to provide and
install permanent traffic count station systems for the City of Chula Vista.
In accordance with City Purchasing Guidelines, an RFP was published and on May 26, 20 I 0, the
following two equipment vendors/construction companies formally responded:
1. Team Econolite Traffic Engineering and Maintenance, Inc.
2. Republic ITS
Following City procurement procedures, a Selection Committee, appointed by the City Manager,
reviewed proposals and determined that the following two respondents had previously completed
projects similar in scope to that required by the City. Staff contacted several references for both
respondents, and found no significant concerns regarding the capabilities or perforn1ance of
either permanent traffic count station system.
On June 22, 2010, the two respondents were Il1vited to participate in the second stage of the
selection process, which were separate interviews that included a presentation by each
respondent and a question/answer session between the Selection Committee and the respondents.
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10/12/10, ltem2
Page 3 of 4
After careful consideration of equipment technologies and experience, the Selection Committee
detel1uined that both respondents are qualitied to proviue and install 'permanent traffic count
station systems as required by the City,
At the conclusion of the proposal review process and interviews, the committee ranked the
respondents as follows:
Ranking RFP Respondent Cost Proposal
I Team Econolite Trat1ic Engineering and $281,750,59
Maintenance, Inc,
7 Republic ITS $547,500,00
The sclection of Team Econolite Traffic Engineering and Mall1tenance, Inc, was based upon: 1)
most organized layout/appearance of thc proposal package; 2) technology that meets the
performance requirements as set-forth in the RFP; 3) positive references for similar scoped
projects; 4) lower initial costs; and 5) lower recurring/maintenance costs, Staff recommends
contracting with Team Econolite Traffic Engineering and Maintenance, Ine. based on the criteria
discussed above,
Team Econolite anticipates a 30 days lead-time for the procurement of all penllanent traffic
count station equipment necessary for the scope of work, Team Econolite also anticipates a
minimum of a six-week lead-time for the procurement of the signal standards (poles) required for
ll1stallation, Upon execution of contract, Team Econolite plans to begin procurement of the
necessary equipment to limit any delays in the construction process, Based on this information,
staff anticipates completion of the project by the end of the calendar year.
By approving this resolution, the City will enter into an agreement with Team Econolite Traffic
Engineering anu Maintenance, lue. to provide and install pemlanent traffic count station systems
as required by the City,
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found a contlict exists, in
that Council Mcmber John McCann has property holdings within 500 feet of the boundaries of
the property which is the subject of this action,
CURRENT FISCAL IMPACT
There is no impact to the general fund as this project will be fully funded by eXlstmg
Transportation Development Impact Fee Funds in existing CIP Project, TF274, Transnet 3l1d
Deposit Accounts, Costs covereu shall include anticipated staff charges, including the
aumil1lstration of the RFP and construction contract. Construction contract cost is anticipated to
not exceed $281,750,59, Total available funds for this project are $392,000.00,
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Page 4 of 4
ONGOING F1SCAL IMPACT
It is expected that the specified permanent traffic count station systems have no recurring
operational costs. Maintenance costs are expected to be approximately $11,000 every five years
for battery replacement.
ATTACHMENTS
Permanent Traffic Count Station Location Map
Agreement
Prepared by' Patril;k Aloneda, Associate Civil Engineer. Department afPublic /-Yorks
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THE A TT ACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
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Dated:
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AGREEMENT BETWEEN CITY OF CHULA VISTA
AND TEAM ECONOLITE TRAFFIC ENGINEERING
AND MAINTENANCE, INC.
TO PROVIDE AND INSTALL PERMANENT TRAFFIC
COUNT STATION SYSTEMS
5-6
PARTIES AND RECITAL PAGE(S)
Agreement between
City of Chula Vista
and
Team Econolite Traffic Engineering and Maintenance, Inc.
to Provide and Install Permanent Traffic Count Station Systems
This agreement ("Agreement"), dated for the purposes of reference
only, and effective as of the date last executed unless another date is otherwise specified in
Exhibit A to this Agreement ("Exhibit A"), Paragraph 1, is between the City-related entity whose
name and business form is indicated on Exhibit A, Paragraph 2, ("City"), and the entity whose
name, business form, place of business and telephone numbers are indicated on Exhibit A,
Paragraphs 4 through 6, ("Consultant"), and is made with reference to the following facts:
Recitals
WHEREAS, the City's Traffic Monitoring Program was established to monitor traffic
conditions (vehicular volumes, speeds and delays) along all major collector and arterial
roadways throughout the City's expansive roadway network; and,
WHEREAS, due to the expansion of the City's roadway network over recent years, it
was determined that Permanent Traffic Count Stations should be installed to aid in the increasing
workload demands of City's Traffic Monitoring Program.
WHEREAS, pemlanent traffic count stations are an integral tool in the continuous
monitoring of traffic conditions, which would provide staff with improved data collection
capabilities, and alleviate staff from needing to deploy temporary traffic counting devices
(rubber hose counting equipment) along these roadway segments; and,
WHEREAS, due to the numerous technologies and manufacturers of equipment
designed for permanent traffic count station systems, staff considered it necessary to request
proposals from qualified equipment vendors and construction companies; and
WHEREAS, an RFP was published and on May 26,2010, the following two equipment
vendors/contractor companies formally responded:
1. Team Econolite Traffic Engineering and Maintenance, Inc.
2. Republic ITS; and
WHEREAS, a Selection Committee, appointed by the City Manager, reviewed proposals
and determined that the two respondents had previously completed projects similar in scope to
that required by the City; and
WHEREAS, The selection of Team Econolite Traffic Engineering and Maintenance, Inc.
was based upon: 1) most organized layout/appearance ofthe proposal package; 2) technology
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that meets the performance requirements as set-forth in the RFP; 3) positive references for
similar scoped projects; 4) lower initial costs; and 5) lower recurring/maintenance costs.
WHEREAS, Consultant warrants and represents that it is experienced and staffed in a
manner such that it can deliver the services required of Consultant to City in accordance with the
time frames and the terms and conditions of this Agreement.
[End of Recitals. Next Page Starts Obligatory Provisions.]
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OBLIGATORY PROVISIONS PAGES
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually
agree as follows:
All ofthe Recitals above are incorporated into this Agreement by this reference.
ARTICLE I. CONSULTANT'S OBLIGATIONS
A. General
I. General Duties. Consultant shall perform all of the services described on Exhibit A,
Paragraph 7 ("General Duties").
2. Scope of Work and Schedule. In performing and delivering the General Duties,
Consultant shall also perform the services, and deliver to City the "Deliverables"
described in Exhibit A, Paragraph 8, entitled "Scope of Work and Schedule," according
to, and within the time frames set forth in Exhibit A, Paragraph 8, time being of the
essence of this agreement. The General Duties and the work and Deliverables required in
the Scope of Work and Schedule shall be referred to as the "Defined Services." Failure to
complete the Detlned Services by the times indicated does not, except at the option of the
City, terminate this Agreement.
a. Reductions in Scope of Work. City may independently, or upon request from
Consultant, from time to time, reduce the Defined Services to be performed by the
Consultant under this Agreement. Upon doing so, City and Consultant agree to meet
in good faith and confer for the purpose of negotiating a corresponding reduction in
the compensation associated with the reduction.
b. Additional Services. In addition to performing the Defined Services, City may
require Cousultant to perform additional consulting services related to the Defined
Services ("Additional Services"), and upon doing so in writing, if they are within the
scope of services offered by Consultant, Consultant shall perform same on a time and
materials basis at the rates set forth in the "Rate Schedule" in Exhibit A,
Paragraph I D(C), unless a separate fixed fee is otherwise agreed upon. All
compensation for Additional Services shall be paid monthly as billed.
3. Standard of Care. The Consultant expressly warrants that the work to be performed
pursuant to this Agreement, whether Defined Services or Additional Services, shall be
performed in accordance with the standard of care ordinarily exercised by members of
the profession currently practicing under similar conditions and in similar locations.
a. No Waiver of Standard of Care. Where approval by City is required, it is understood
to be conceptual approval only and does not relieve the Consultant of responsibility
for complying with all laws, codes, industry standards, and liability for damages
caused by negligent acts, errors, omissions, noncompliance with industry standards,
or the willful misconduct ofthe Consultant or its subcontractors.
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B. Application of Laws. Should a federal or state law pre-empt a local law, or regulation, the
Consultant must comply with the federal or state law and implementing regulations. No
provision of this Agreement requires the Consultant to observe or enforce compliance with
any provision, perfoml any other act, or do any other thing in contravention of federal, state,
territorial, or local law, regulation, or ordinance. If compliance with any provision of this
Agreement violates or would require the Consultant to violate any law, the Consultant agrees
to notify City immediately in writing. Should this occur, the City and the Consultant agree
that they will make appropriate arrangements to proceed with or, if necessary, amend or
temlinate this Agreement, or portions of it, expeditiously.
1. Subcontractors. Consultant agrees to take appropriate measures necessary to ensure that
all participants utilized by the Consultant to complete its obligations under this
Agreement, such as subcontractors, comply with all applicable laws, regulations,
ordinances, and policies, whether federal, state, or local, affecting Project
implementation. In addition, if a subcontractor is expected to fulfill any responsibilities of
the Consultant under this Agreement, the Consultant shall ensure that the subcontractor
carries out the Consultant's responsibilities as set forth in this Agreement.
C. Insurance
I. General. Consultant must procure and maintain, during the period of performance of this
Agreement, and for twelve months after completion, policies of insurance from insurance
companies to protect against claims for injuries to persons or damages to property that
may arise from or in connection with the performance of the work under this Agreement
and the results of that work by the Consultant, his agents, representatives, employees or
subcontractors, and provide documentation of same prior to commencement of work.
2. Minimum Scope ofInsurance. Coverage must be at least as broad as:
a. CGL. Insurance Services Office Commercial General Liability coverage (occurrence
Form CGOOOI).
b. Auto. Insurance Services Office Form Number CA 0001 covenng Automobile
Liability, Code I (any auto).
C. We. Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance.
d. E&O. Professional Liability or Errors & Omissions Liability insurance appropriate to
the Consultant's profession. Architects' and Engineers' coverage is to be endorsed to
include contractual liability.
3. Minimum Limits of Insurance. Consultant must maintain limits no less than those
included in the table below:
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i. General Liability: $1,000,000 per occurrence for bodily injury, personal injury,
(Including (including death), and property damage. If Commercial General
operations, Liability insurance with a general aggregate limit is used, either
products and the general aggregate limit must apply separately to this
completed Project/location or the general aggregate limit must be twice the
operations, as required occurrence limit.
applicable)
ii. Automobile $1,000,000 per accident for bodily injury, including death, and
Liability: property damage.
iii. Workers' Statutory
Compensation $1,000,000 each accident
Employer's $1,000,000 disease-policy limit
Liability: $1,000,000 disease-each employee
iv. Professional $1,000,000 each occurrence
Liability or Errors
& Omissions
Liability:
4. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must
be declared to and approved by the City. At the option of the City, either the insurer will
reduce or eliminate such deductibles or self-insured retentions as they pertain to the City,
its officers, officials, employees and volunteers; or the Consultant will provide a financial
guarantee satisfactory to the City guaranteeing payment of losses and related
investigations, claim administration, and defense expenses.
5. Other Insurance Provisions. The general liability, automobile liability, and where
appropriate, the worker's compensation policies are to contain, or be endorsed to contain,
the following provisions:
a. Additional Insureds. City of Chula Vista, its officers, officials, employees, agents,
and volunteers are to be named as additional insureds with respect to all policies of
insurance, including those with respect to liability arising out of automobiles owned,
leased, hired or borrowed by or on behalf of the Consultant, where applicable, and,
with respect to liability arising out of work or operations performed by or on behalf of
the Consultant, including providing materials, parts or equipment furnished in
connection with such work or operations. The general liability additional insured
coverage must be provided in the form of an endorsement to the Consultant's
insurance using ISO CG 2010 (11/85) or its equivalent. Specifically, the endorsement
must not exclude Products/Completed Operations coverage.
b. Primary Insurance. The Consultant's General Liability insurance coverage must be
primary insurance as it pertains to the City, its officers, officials, employees, agents,
and volunteers. Any insurance or self-insurance maintained by the City, its officers,
officials, employees, or volunteers is wholly separate from the insurance of the
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Consultant and in no way relieves the Consultant from its responsibility to provide
Insurance.
c. Cancellation. The insurance policies required by this Agreement shall not be canceled
by either party, except after thirty days' prior written notice to the City by certified
mail, return receipt requested. The words "will endeavor" and "but failure to mail
such notice shall impose no obligation or liability of any kind upon the company, its
agents, or representatives" shall be deleted from all certificates.
d. ACtive Negligence. Coverage shall not extend to any indemnity coverage for the
active negligence of the additional insureds in any case where an agreement to
indemnify the additional insured would be invalid under Subdivision (b) of Section
2782 of the Civil Code.
e. Waiver of Subrogation. Consultant's insurer will provide a Waiver of Subrogation in
favor of the City for each required policy providing coverage for the term required by
this Agreement.
6. Claims Forms. [fGeneral Liability, Pollution and/or Asbestos Pollution Liability and/or
Errors & Omissions coverage are written on a claims-made form:
a. Retro Date. The "Retro Date" must be shown, and must be before the date of the
Agreement or the beginning of the work required by the Agreement.
b. !'v[aintenance and Evidence. Insurance must be maintained and evidence of insurance
must be provided for at least five years after completion of the work required by the
Agreement.
c. Cancellation. If coverage is canceled or non-renewed, and not replaced with another
claims-made policy form with a "Retro Date" prior to the effective date of the
Agreement, the Consultant must purchase "extended reporting" coverage for a
minimum of five years after completion of the work required by the Agreement.
d. Copies. A copy of the claims reporting requirements must be submitted to the City
for review.
7. Acceptabilitv of Insurers. Insurance is to be placed with licensed insurers admitted to
transact business in the State of California with a current A.M. Best's rating of no less
than A V. If insurance is placed with a surplus lines insurer, insurer must be listed on the
State of California List of Eligible Surplus Lines Insurers ("LESLI") with a current A.M.
Best's rating of no less than A X. Exception may be made for the State Compensation
Fund when not specifically rated.
8. Verification of Coverage. Consultant shall furnish the City with original certificates and
amendatory endorsements effecting coverage required by Section I.C. of this Agreement.
The endorsements should be on insurance industry forms, provided those endorsements
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or policies conform to the requirements of this Agreement. All certificates and
endorsements are to be received and approved by the City before work commences. The
City reserves the right to require, at any time, complete, certified copies of all required
insurance policies, including endorsements evidencing the coverage required by these
specifications.
9. Subcontractors. Consultant must include all sub consultants as insureds under its policies
or furnish separate certificates and endorsements for each subconsultant. All coverage for
sub consultants is subject to all of the requirements included in these specifications.
10. Not a Limitation of Other Obligations. Insurance provisions under this Article shall not
be construed to limit the Consultant's obligations under this Agreement, including
Indemnity.
D. Security for Performance
1. Performance Bond. In the event that Exhibit A, at Paragraph 18, indicates the need for
Consultant to provide a Performance Bond (indicated by a check mark in the
parenthetical space immediately preceding the subparagraph entitled "Perfonnance
Bond"), then Consultant shall provide to the City a performance bond, in the amount
indicated at Exhibit A, Paragraph 18, in the form prescribed by the City and by such
sureties which are authorized to transact such business in the State of California, listed as
approved by the United States Department of Treasury Circular 570,
htto://www.fms.treas.gov/c570, and whose underwriting limitation is sufficient to issue
bonds in the amount required by the Agreement, and which also satisfy the requirements
stated in Section 995.660 of the Code of Civil Procedure, except as provided otherwise
by laws or regulations. All bonds signed by an agent must be accompanied by a certified
copy of such agent's authority to act. Surety companies must be duly licensed or
authorized in the jurisdiction in which the Project is located to issue bonds for the limits
so required. Form must be satisfactory to the Risk Manager or City.
2. Letter of Credit. In the event that Exhibit A, at Paragraph 18, indicates the need for
Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical
space immediately preceding the subparagraph entitled "Letter of Credit"), then
Consultant shall provide to the City an irrevocable letter of credit callable by the City at
its unfettered discretion by submitting to the bank a letter, signed by the City Manager,
stating that the Consultant is in breach of the terms of this Agreement. The letter of
credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk
Manager or City Attorney which amount is indicated in the space adjacent to the term,
"Letter of Credit," in Exhibit A, Paragraph 18.
3. Other Security. In the event that Exhibit A, at Paragraph 18, indicates the need for
Consultant to provide security other than a Perfornlance Bond or a Letter of Credit
(indicated by a check mark in the parenthetical space immediately preceding the
subparagraph entitled "Other Security"), then Consultant shall provide to the City such
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reimburse City for any additional expenses incurred by the City. Nothing in this
paragraph is intended to limit City's rights under other provisions of this
Agreement.
4. Payment Not Final Approval. The Consultant understands and agrees that payment to the
Consultant for any Project cost does not constitute a City final decision about whether
that cost is allowable and eligible for payment under the Project and does not constitute a
waiver of any violation of Consultant of the terms of thc Agreement. The Consultant
acknowledges that City will not make a final determination about the eligibility of any
cost until the final payment has been made on the Project or the results of an audit of the
Project requested by the City has been completed, whichever occurs latest. If City'
determines that the Consultant is not entitled to receive any portion of the compensation
due or paid, City will notify the Consultant in writing, stating its reasons. The Consultant
agrees that Project closeout will not alter the Consultant's responsibility to return any
funds due City as a result of later refunds, corrections, or other similar transactions; nor
will Project closeout alter the right of City to disallow costs and recover funds provided
for the Project on the basis of a later audit or other review.
a. Consultant's Obligation to Pay. Upon notification to the Consultant that specific
amounts are owed to City, whether for excess payments or disallowed costs, the
Consultant agrees to remit to City promptly the amounts owed, including applicable
interest.
ARTICLE Ill. ETHICS
A. Financial Interests of Consultant
I. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A,
Paragraph 14, as an "FPPC filer," Consultant is deemed to be a "Consultant" for the
purposes of the Political Reform Act conflict of interest and disclosure provisions, and
shall report economic interests to the City Clerk on the required Statement of Economic
Interests in such reporting categories as are specified in Paragraph 14 of Exhibit A, or if
none are specified, then as determined by the City Attorney.
2. No Participation in Decision. Regardless of whether Consultant is designated as an FPPC
Filer, Consultant shall not make, or participate in making or in any way attempt to use
Consultant's position to influence a governmental decision in which Consultant knows or
has reason to know Consultant has a financial interest other than the compensation
promised by this Agreement.
3. Search to Determine Economic Interests. Regardless of whether Consultant is designated
as an FPPC Filer, Consultant warrants and represents that Consultant has diligently
conducted a search and inventory of Consultant's economic interests, as the term is used
in the regulations promulgated by the Fair Political Practices Commission, and has
detennined that Consultant does not, to the best of Consultant's knowledge, have an
economic interest which would conflict with Consultant's duties under this Agreement.
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other security therein listed in a foml and amount satisfactory to the Risk Manager or
City Attorney.
E. Business License. Consultant agrees to obtain a business license from the City and to
otherwise comply with Title 5 of the Chula Vista Municipal Code.
ARTICLE II. CITY OBLIGATIONS
A. Consultation aud Cooperation. City shall regularly consult the Consultant for the purpose
of reviewing the progress of the Defined Services and Schedule, and to provide direction and
guidance to achieve the objectives of this Agreement. The City shall allow Consultant access
to its office facilities, files and records, as deemed necessary and appropriate by the City,
throughout the term of this Agreement. In addition, City agrees to provide the materials
identified at Exhibit A, Paragraph 9, with the understanding that delay in the provision of
those materials beyond thirty days after authorization to proceed, shall constitute a basis for
the justifiable delay in the Consultant's perfornlance.
B. Compensation.
1. Following Receipt of Billing. Upon receipt of a properly prepared bill from Consultant,
submitted to the City as indicated in Exhibit A, Paragraph 17, but in no event more
frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 17,
City shall compensate Consultant for all services rendered by Consultant according to the
terms and conditions set forth in Exhibit A, Paragraph 10, adj acent to the governing
compensation relationship indicated by a "checkmark" next to the appropriate
arrangement, subject to the requirements for retention set forth in Paragraph 18 of
Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in
Exhibit A, Paragraph 11.
2. Supporting Information. Any billing submitted by Consultant shall contain sufficient
information as to the propriety of the billing, including properly executed payrolls, time
records, invoices, contracts, or vouchers describing in detail the nature of the charges to
the Project in order to permit the City to evaluate that the amount due and payable is
proper, and such billing shall specifically contain the City's account number indicated on
Exhibit A, Paragraph 17(C) to be charged upon making such payment.
3. Exclusions. In determining the amount of the compensation City will exclude any cost:
1) incurred prior to the effective date of this Agreement; or 2) arising out of or related to
the errors, omissions, negligence or acts of willful misconduct of the Consultant, its
agents, employees, or subcontractors.
a. Errors and Omissions. In the event that the City Administrator determines that
the Consultant's negligence, errors, or omissions in the performance of work
under this Agreement has resulted in expense to City greater than would have
resulted if there were no such negligence, errors, omissions, Consultant shall
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4. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is
designated as an FPPC Filer, Consultant further warrants and represents that Consultant
will not acquire, obtain, or assume an economic interest during the term of this
Agreement which would constitute a conflict of interest as prohibited by the Fair Political
Practices Act.
5. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated
as an FPPC Filer, Consultant further warrants and represents that Consultant will
immediately advise the City Attorney if Consultant learns of an economic interest of
Consultant's that may result in a conflict of interest for the purpose of the Fair Political
Practices Act, and regulations promulgated thereunder.
6. Specific Warranties Against Economic Interests. Consultant warrants, represents and
agrees that:
a. Neither Consultant, nor Consultant's immediate family members, nor Consultant's
employees or agents ("Consultant Associates") presently have any interest, directly or
indirectly, whatsoever in any property which may be the subject matter of the Defined
Services, or in any property within 2 radial miles from the exterior boundaries of any
property which may be the subject matter of the Defined Services, ("Prohibited
Intercst"), other than as listed in Exhibit A, Paragraph 14.
b. No promise of future employment, remuneration, consideration, gratuity or other
reward or gain has been made to Consultant or Consultant Associates in connection
with Consultant's performance of this Agreement. Consultant promises to advise City
of any such promise that may be made during the Term of this Agreement, or for
twelve months thereafter.
c. Consultant Associates shall not acquire any such Prohibited Interest within the Term
of this Agreement, or for twelve months after the expiration of this Agreement,
except with the written permission of City.
d. Consultant may not conduct or solicit any business for any party to this Agreement,
or for any third party that may be in conflict with Consultant's responsibilities under
this Agreement, except with the written permission of City.
IV. LIQUIDATED DAMAGES
A. Application of Section. The provisions ofthis section apply if a Liquidated Damages Rate
is provided in Exhibit A, Paragraph 13.
1. Estimating Damages. It is acknowledged by both parties that time is of the essence in the
completion of this Agreement. It is difficult to estimate the amount of damages resulting
from delay in performance. The parties have used their judgment to arrive at a reasonable
amount to compensate for delay.
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2. Amount of Penalty. Failure to complete the Defined Services within the allotted time
period specified in this Agreement shall result in the following penalty: For eaeh
consecutive calendar day in excess of the time specified for the completion of the
respective work assignment or Deliverable, the Consultant shall pay to the City, or have
withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A,
Paragraph 13 ("Liquidated Damages Rate").
3. Request for Extension of Time. If the performance of any act required of Consultant is
directly prevented or delayed by reason of strikes, lockouts, labor disputes, unusual
govemmental delays, acts of God, fire, floods, epidemics, freight embargoes, or other
causes beyond the reasonable control of the Consultant, as determined by the City,
Consultant shall be excused from performing that act for the period of time equal to thc
period of time of the prevention or delay. In the event Consultant claims the existence of
such a delay, the Consultant shall notify the City's Contract Administrator, or designee, in
writing of that fact within ten calendar days after the begitming of any such claimed
delay. Extensions of time will not be granted for delays to minor portions of work unless
it can be shown that such delays did or will delay the progress ofthe work.
ARTICLE V. INDEMNIFICATION
A. Defense, Indemnity, and Hold Harmless.
I. General Requirement. Except for liability for Design Professional Services covered
under Article V., Section A.2., Consultant shall defend, indemnify, protect and hold
harmless the City, its elected and appointed officers, agents and employees, from and
against any and all claims, demands, causes of action, costs, expenses, liability, loss,
damage or injury, in law or equity, to property or persons, including wrongful death, in
any manner arising out of or incident to any alleged acts, omissions, negligence, or
willful misconduct of Consultant, its officials, officers, employees, agents, and
contractors, arising out of or in connection with the performance of the Defined Services
or this Agreement. This indemnity provision does not include any claims, damages,
liability, costs and expenses (including without limitations, attomeys fees) to the extent
arising from the negligence or willful misconduct of the City, its officers, employees.
2. Design Professional Services. If Consultant provides design professional services, as
defined by Califomia Civil Code section 2782.5, as may be amended from time to time,
Consultant shall defend, indemnify and hold the City, its officials, officers, employees,
volunteers, and agents free and harmless from any and all claims, demands, causes of
action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or
persons, including wrongful death, in any manner arising out of, pertaining to, or relating
to the negligence, recklessness, or willful misconduct of Consultant, its officials, officers,
employees, agents, consultants, and contractors arising out of or in connection with the
performance of Consultant's services. Consultant's duty to defend, indemnify, and hold
harmless shall not include any claims or liabilities to the extent arising from the
negligence or willful misconduct of the City, its agents, officers or employees. This
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section in no way alters, affects or modifies the Consultant's obligations and duties under
this Agreement.
3. Costs of Defense and Award. Included in the obligations in Sections A.I and A.2, above,
is the Consultant's obligation to defend, at Consultant's own cost, expense and risk, any
and all suits, actions or other legal proceedings, that may be brought or instituted against
the City, its directors, officials, officers, employees, agents and/or volunteers, subject to
the limitations in Sections A.!. and A.2. Consultant shall pay and satisfy any judgment,
award or decree that may be rendered against City or its directors, officials, officers,
employees, agents and/or volunteers, for any and all related reasonable legal expenses
and costs incurred by each of them, subject to the limitations in Sections A.1. and A.2.
4. Insurance Proceeds. Consultant's obligation to indemnify shall not be restricted to
insurance proceeds, if any, received by the City, its directors, officials, officers,
employees, agents, and/or volunteers.
5. Declarations. Consultant's obligations under Article V shall not be limited by any prior
or subsequent declaration by the Consultant.
6. Enforcement Costs. Consultant agrees to pay any and all costs City incurs enforcing the
indemnity and defense provisions set forth in Article V.
7. Survival. Consultant's obligations under Article V shall survive the termination of this
Agreement.
ARTICLE VI. TERMINATION OF AGREEMENT
A. Termination for Cause. If, through any cause, Consultant shall fail to fulfill in a timely and
proper manner Consultant's obligations under this Agreement, or if Consultant shall violate
any of the covenants, agreements or stipulations of this Agreement, City shall have the right
to terminate this Agreement by giving written notice to Consultant of such termination and
specifying the effective date thereof at least thirty (30) days before the effective date of such
termination. In that event, all finished or unfinished documents, data, studies, surveys,
drawings, maps, reports and other materials prepared by Consultant shall, at the option of the
City, become the property of the City, and Consultant shall be entitled to receive just and
equitable compensation, in an amount not to exceed that payable under this Agreement and
less any damages caused City by Consultant's breach, for any work satisfactorily completed
on such documents and other materials up to the effective date of Notice of Termination,.
B. Termination of Agreement for Convenience of City. City may terminate this Agreement
at any time and for any reason, by giving specific written notice to Consultant of such
termination and specifying the effective date thereof, at least thirty (30) days before the
effective date of such termination. Tn that event, all finished and unfinished documents and
other materials described hereinabove shall, at the option of the City, become City's sole and
exclusive property. If the Agreement is terminated by City as provided in this paragraph,
Consultant shall be entitled to receive just and equitable compensation, in an amount not to
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exceed that payable under this Agreement, for any satisfactory work completed on such
documents and other materials to the effective date of such termination. Consultant hereby
expressly waives any and all claims for damages or compensation arising under this
Agreement except as set forth in this section.
ARTICLE VII. RECORD RETENTION AND ACCESS
A. Record Retention. During the course of the Project and for three (3) years following
completion, the Consultant agrees and to maintain, intact and readily accessible, all data,
documents, reports, records, contracts, and supporting materials relating to the Project as City
may reqUlre.
B. Access to Records of Consultant and Subcontractors. The Consultant agrees to permit,
and require its subcontractors to permit City or its authorized representatives, upon request,
to inspect all Project work, materials, payrolls, and other data, and to audit the books,
records, and accounts of the Contractor and its subcontractors pertaining to the Project.
C. ProJect Closeout. The Consultant agrees that Project closeout does not alter the reporting
and record retention requirements ofthis Agreement.
ARTICLE VIII. PROJECT COMPLETION, AUDIT, AND CLOSEOUT
A. ProJect Completion. Within ninety (90) calendar days following Project completion or
termination by City, Consultant agrees to submit a final certification of Project expenses and
audit reports, as applicable.
B. Audit of Consultants. Consultant agrees to perform financial and compliance audits the
City may require. The Consultant also agrees to obtain any other audits required by City.
Consultant agrees that Project closeout will not alter Consultant's audit responsibilities. Audit
costs are allowable Project costs.
C. ProJect Closeout. Project closeout occurs when City notifies the Consultant that City has
closed the Project, and either forwards the final payment or ack'11owledges that the Consultant
has remitted the proper refund. The Consultant agrees that Project closeout by City does not
invalidate any continuing requirements imposed by the Agreement or any umnet
requirements set forth in a written notification from City
ARTICLE IX. MISCELLANEOUS PROVISIONS
A. Assignability. The services of Consultant are personal to the City, and Consultant shall not
assign any interest in this Agreement, and shall not transfer any interest in the same (whether
by assignment or notation), without prior written consent of City.
1. Limited Consent. City hereby consents to the assignment of the portions of the Defined
Services identified in Exhibit A, Paragraph 16 to the subconsultants identified as
"Permitted Subconsultants".
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B. Ownership, Publication, Reproduction and Use of Material. All reports, studies,
infomlation, data, statistics, forms, designs, plans, procedures, systems and any other
materials or properties produced under this Agreement shall be the sole and exclusive
property of City. No such materials or properties produced in whole or in part under this
Agreement shall be subject to private use, copyrights or patent rights by Consultant in the
United States or in any other country without the express written consent of City. City shall
have unrestricted authority to publish, disclose (except as may be limited by the provisions of
the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in
part, any such reports, studies, data, statistics, forms or other materials or properties produced
under this Agreement.
C. Independent Contractor. City is interested only in the results obtained and Consultant shall
perform as an independent contractor with sole control of the marmer and means of
performing the services required under this Agreement. City maintains the right only to
reject or accept Consultant's work products. Consultant and any of the Consultant's agents,
employees or representatives are, for all purposes under this Agreement, independent
contractors and shall not be deemed to be employees of City, and none of them shall be
entitled to any benefits to which City employees are entitled including but not limited to,
overtime, retirement benefits, worker's compensation benefits, injury leave or other leave
benefits. Therefore, City will not withhold state or federal income tax, social security tax or
any other payroll tax, and Consultant shall be solely responsible for the payment of same and
shall hold the City harmless with regard to them.
I. Actions on Behalf of City. Except as City may specify in writing, Consultant shall have
no authority, express or implied, to act on behalf of City in any capacity whatsoever, as
an agent or otherwise. Consultant shall have no authority, express or implied, to bind
City or its members, agents, or employees, to any obligation whatsoever, unless expressly
provided in this Agreement.
2. No Obligations to Third Parties. In cormection with the Project, Consultant agrees and
shall require that it's agents, employees, subcontractors agree that City shall not be
responsible for any obligations or liabilities to any third party, including its agents,
employees, subcontractors, or other person or entity that is not a party to this Agreement.
Notwithstanding that City may have concurred in or approved any solicitation,
subagreement, or third party contract at any tier, City shall have no obligation or liability
to any person or entity not a party to this Agreement.
D. Administrative Claims Requirements and Procedures. No suit or arbitration shall be
brought arising out of this Agreement, against City unless a claim has first been presented in
writing and filed with City and acted upon by City in accordance with the procedures set
forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be
amended, the provisions of which are incorporated by this reference as if fully set forth
herein, and such policies and procedures used by City in the implementation of same. Upon
request by City, Consultant shall meet and confer in good faith with City for the purpose of
resolving any dispute over the terms of this Agreement.
.'...
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E. Administration of Contract. Each party designates the individuals ("Contract
Administrators") indicated on Exhibit A, Paragraph 12, as that party's contract administrator
who is authorized by the party to represent it in the routine administration of this Agreement.
F. Term. This Agreement shall terminate when the parties have complied with all executory
provisions hereof.
G. Attorney's Fees. Should a dispute arising out of this Agreement result in litigation, it is
agreed that the prevailing party shall be entitled to a judgment against the other for an
amount equal to reasonable attorneys' fees and court costs incurred. The "prevailing party"
shall be deemed to be the party who is awarded substantially the relief sought.
H. Statement of Costs. In the event that Consultant prepares a report or docwnent, or
participates in the preparation of a report or document in performing the Defined Services,
Consultant shall include, or cause the inclusion of, in the report or document, a statement of
the numbers and cost in dollar amounts of all contracts and subcontracts relating to the
preparation of the report or document.
1. Consultant is Real Estate Broker and/or Salesman. If the box on Exhibit A, Paragraph 15
is marked, the Consultant and/or is principals is/are licensed with the State of California or
some other state as a real estate broker or salesperson. Otherwise, Consultant represents that
neither Consultant, nor its principals are licensed real estate brokers or salespersons.
J. Notices. All notices, demands or requests provided for or permitted to be given pursuant to
this Agreement must be in writing. All notices, demands and requests to be sent to any party
shall be deemed to have been properly given or served if personally served or deposited in
the United States mail, addressed to such party, postage prepaid, registered or certified, with
return receipt requested, at the addresses identified in this Agreement as the places of
business for each of the designated parties.
K. Integration. This Agreement, together with any other written document referred to or
contemplated in it, embody the entire Agreement and understanding between the parties
relating to the subject matter hereof. Neither this Agreement nor any provision of it may be
amended, modified, waived or discharged except by an instrument in writing executed by the
party against which enforcement of such amendment, waiver or discharge is sought.
L. Capacity of Parties. Each signatory and party to this Agreement warrants and represents to
the other party that it has legal authority and capacity and direction from its principal to enter
into this Agreement, and that all necessary resolutions or other actions have been talcen so as
to enable it to enter into this Agreement.
M. Governing Law/Venue. This Agreement shall be governed by and construed in accordance
with the laws of the State of California. Any action arising under or relating to this
Agreement shall be brought only in the federal or state courts located in San Diego County,
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State of California, and if applicable, the City of Chula Vista, or as close thereto as possible.
Venue for this Agreement, and perfonnance nnder it, shall be the City of Chula Vista.
(End of page. Next page is signature page.)
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Signature Page
to
Agreement between
City of Chula Vista and
Team Econolite Traffic Engineering and Maintenance, Inc.
to Provide and Install Permanent Traffic Count Station Systems
IN WITNESS WHEREOF, City and Consultant have executed this Agreement,
indicating that they have read and understood same, and indicate their full and complete consent
to its terms:
Dated:
City ofChula Vista
By:
Cheryl Cox, Mayor
Attest:
Donna Norris, City Clerk
Approved as to form:
Bart Miesfeld, City Attorney
Dated:
Team Econolite Traffic Engineering and
Maintenance, Inc.
By:
Rodney Mathis, President
By:
Rick Duncan, Utility Operations Manager
Exhibit List to Agreement (X) Exhibit A.
Exhibit B - Location Map
Exhibit C - Count Station Equipment, Material and Installation
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Exhibit A
to
Agreement between
City of Chula Vista
and
Team Econolite Traffic Engineering and Maintenance, Inc,
1, Effective Date of Agreement:
2, City-Related Entity:
(X) City ofChula Vista, a municipal chartered corporation of the State of California
) Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of
California
( ) Industrial Development Authority of the City of Chula Vista, a
( ) Other:
, a [insert business form]
3, Place of Business for City:
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
4, Consultant:
Team Econolite Traffic Engineering and Maintenance, Inc,
5, Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
6, Place of Business, Telephone and Fax Number of Consultant:
3360 E. La Palma Avenue
Anaheim, CA 92806
Contact: Mr. Rodney Mathis - President
Phone: (714) 397-7609
Fax: (714) 666-1123
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Contact: Mr. Rick Duncan - Utility Operations Manager
Phone: (714) 397-7603
Fax: (714) 666-1123
7. General Duties:
Consultant shall provide and install permanent traffic count station systems at various
locations within the eastern portion of the City. The consultant shall provide, install and
configure all necessary equipment to have completely operational permanent traffic count
stations, and offer full technical support and personnel training needed to provide city staff
with full knowledge in the operation and maintenance of the permanent traffic count station
systems.
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
General
Team Econolite Traffic Engineering and Maintenance shall provide the City of Chula
Vista with fully functional Permanent Traffic Count Station systems that will be installed
either on existing street lighting poles, or on new Type 15 traffic signal poles. Each
Permanent Traffic Count Station system will be solar powered, capable of bluetooth
connectivity, and shall be self contained and installed in separate enclosures from
existing City infrastructure. Team Econolite Traffic Engineering and Maintenance shall
provide all training and tools necessary so City staff will be fully competent in the set-up,
operation and maintenance of the count stations. Team Econolite Traffic Engineering
and Maintenance will provide all labor, materials, tools, equipment, warranties, manuals,
and incidentals required to have each count station fully installed and operational,
including but not limited to: Construction Traffic Control, Traffic Control Plans,
Underground Service Alert Checks (Dig-Alert), and Protection and Restoration of
Existing Improvements, and no additional compensation will be allowed therefore.
All system equipment installed will be the "Remote Traffic Microwave Sensor _ 4th
Generation", solar panel and a pole mounted battery cabinet. Each installation location
will have one RTMS G4 mounted at a height of -17 feet plus a solar panel mounted at a
height of -20 feet and a 24x24x8 NEMA 3R enclosure at a height of -4 feet above the
base of the pole. There are three (3) types of installations: "Steel Pole Installation",
"Using Existing Concrete Lighting Pole", "Using Existing Center Median Concrete
Lighting Pole".
Equipment included at each site:
1) RTMS G4
2) Mounting bracket for RTMS G4
3) 40 foot cable with connector from RTMS G4 to enclosure
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4) 24x24x8 NEMA 3R enclosure with charge controller, circuit breakers, and cables to
battery
5) one (1) 8A24 sealed 12 volt battery
6) one (1) 75 watt solar panel
7) one (1) side of pole mount for the solar panel
8) cable from solar panel to the NEMA 3R enclosure
Steel Pole Installation:
Install a new concrete foundation with anchor bolts in the agreed upon location for the
new CalTrans approved Type 15 pole, stand new pole with the RTMS 04 equipment
installed, and mount the battery cabinet once the pole is in place, and replace or restore
any concrete sidewalk removed for this installation. Lead time on the new steel poles is 4
to 8 weeks.
This method will be usedfor locations 1-9,12-13,19-22,24-25,27 and 28.
Using Existing Concrete Lighting Pole:
Mounting the RTMS 04 with solar panel and battery cabinet on the existing concrete
lighting pole using band straps and clamps.
This method will be used for locations 10-11,14-15,17-18 and 26.
Using Existing Center Median Concrete Lighting Pole:
Mounting 2 RTMS 04 units with 2 solar panels and 1 battery cabinet to the existing
concrete pole in the median to service both sides of the roadway.
This method will be applied to locations 16 and 23.
Polc Installation Options:
F or Locations 10-11, 15, 17-18 and 26, either a new steel pole can be used or an existing
concrete lighting pole used. Installation of the RTMS 04 units will be as described in the
installation procedure. The option of steel pole or existing concrete pole will be made by
the City.
For Locations 27 and 28, the existing center median concrete lighting pole can be used
instead of a single new steel pole, but 2 RTMS 04 units must be mounted on the existing
pole to cover both sides of the roadway. The option of steel pole or use of the existing
center median concrete pole will be made by the City.
Pricing will be by the type of installation chosen by the City.
Computer Software Products
ISS will provide Traffic Reporter Software with documentation in addition to the
software listed in the computer specifications below. The Traffic Reporter software will
be fully compatible with Windows XP and Windows 7 personal computers that have
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adequate RAM and hard drive space. The supplied computers are also adequate to
support applications like Microsoft Office. Traffic Reporter is not a particularly intensive
user of either RAM or disk.
Personnel Training & Field Support
Three (3) days for user training will be provided. Eleven (II) days to support calibration.
User manuals will be provided by ISS for the RTMS 04 and the Traffic Reporter
Software. These manuals will be provided in an electronic form to facilitate distribution
of copies to all users. ISS will provide documentation with permission to duplicate.
Warrantv Period
The warranty will begin after a final acceptance testing. A two (2) year warranty on all
equipment and products will begin at that time.
Acceptimce Testing
Acceptance testing will be completed as each ISS RTMS 04 radar is calibrated for each
site, the calibration activity includes a test to assure each lane is detected accurately. The
RTMS 04 setup software includes a feature which facilitates this, and the page of the
user manual describing this feature is attached. Completion of testing at each site will be
considered complete and tested.
Computer Details
Team Econolite will provide the following two (2) personal computers to the City:
Vostro 230 Mini Tower
. Microsoft Windows 7 Professional, 32-bit
. Intel Core 2 Duo E7500 wi VT Processor
. 2 OB DDR3 Memory
. Integrated Video, Intel@ OMA X4500
. 2500B 7200RPM SATA Hard Drive
. 16X DVD+I-RW Drive
. 20" Color Monitor
. Network Interfaee
. Mierosoft Otliee Basic 2007
FastTrack Vostro 3400 Laptop
. Intel Core i5-450 Proeessor
. 4 OB DDR3 Memory
. 320 OB 7200RPM SATA Hard Drive
. 8X DVD+I-RW Drive
. Mierosoft Windows 7 Professional, 32-bit
. Microsoft Office Starter 2010
. Dell Wireless 365 Bluetooth 2.1
. Nvidia@ Geforce™ 310M, 512MB Graphics
. Wireless Network Card 802.11 b/g/n
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Count Station Locations
Loc #
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Location
Otay Lakes Rd & Hunte Pw (North)
Otay Lakes Rd & Hunte Pw (South)
Otay Lakes Rd & Hunte Pw (East)
Otay Lakes Rd east of Woods Dr
Wueste Rd
Olympic Pw & Hunte Pw (East)
Olympic Pw & Hunte Pw (North)
Olympic Pw & Hunte Pw (South)
Olympic Pw & Hunte Pw (West)
Olympic Pw & Windwing Walk (South)
Olympic Pw & Exploration Falls (South)
Olympic Pw & Eastlake Pw (North)
Olympic Pw & Eastlake Pw (South)
Birch Rd east of Eastlake Pw
Eastlake Pw & Hunte Pw (East)
Birch Rd west ofSR125 Freeway
Magdalena Av south of Birch Rd
Magdalena Av north of Birch Rd
La Media Rd north of Birch Rd
La Media Rd north of Santa Venetia St
Olympic Pw east of La Media Rd
Olympic Pw & East Palomar St (South)
Eastlake Pw south of Clubhouse Dr
Eastlake Pw south ofOtay Lakes Rd
Otay Lakes Rd east of Eastlake Pw
Lane A v north of Otay Lakes Rd
Otay Lakes Rd east of Lane A v
Proctor Valley Rd east of Duncan Ranch Rd
B. Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
( ) Other:
C. Dates or Time Limits for Delivery of Deliverables:
IJw.
4 Lane Major
4 Lane Major
6 Lane Major
6 Lane Major
2 Lane Road
4 Lane Major
4 Lane Major
6 Lane Major
6 Lane Major
2 Lane Road
2 Lane Road
6 Lane Major
6 Lane Major
Class 1 Collector
6 Lane Major
6 Lane Major
Class 1 Collector
Class 1 Collector
6 Lane Major
6 Lane Major
6 Lane Major
4 Lane Major
4 Lane Major
6 Lane Major
6 Lane Major
Class 1 Collector
6 Lane Major
4 Lane Major
Deliverable No.1: January 28, 2011 - Delivery of Personal Computers to Traffic
Engineering with Traffic Reporter Software.
Deliverable No.2: February 25, 2011 - All twenty-eight (28) Permanent Traffic Count
Stations fully installed and operational. This date may be extended based on delays with
acquiring signal pole equipment.
HEngineer\TRAFFIC\TF274 - Count Statious\TF274 - 2 Party Consultant Agreement. doc
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t
Deliverable No.3: March 30, 2011
complete.
City Personnel Training and Field Support
D. Date for completion of all Consultant services: March 30,2011
9. Materials Required to be Supplied by City to Consultant:
None.
10. Compensation:
A. (X) Single Fixed Fee Arrangement.
For performance of all of the Defined Services by Consultant as herein required, City shall
pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set
forth below:
Single Fixed Fee Amount: $281,750.59
, payable as follows:
Milestone or Event or Deliverable
Delivery of Personal Computers & Traffic
Reporter Software
Amount or Percent of Fixed Fee
$3,660.00
Installation and Operations of (28) Permanent
Traffic Count Stations
$262,690.59
City Personnel Training and Field Support
$15,400.00
(X) l. Interim Monthly Advances. The City shall make interim monthly advances
against the compensation due for each phase on a percentage of completion basis for
each given phase such that, at the end of each phase only the compensation for that
phase has been paid. Any payments made hereunder shall be considered as interest
free loans that must be returned to the City if the Phase is not satisfactorily
completed. lfthe Phase is satisfactorily completed, the City shall receive credit
against the compensation due for that phase. The retention amount or percentage set
forth in Paragraph 19 is to be applied to each interim payment such that, at the end of
the phase, the full retention has been held back from the compensation due for that
phase. Percentage of completion of a phase shall be assessed in the sole and
unfettered discretion by the Contracts Administrator designated herein by the City, or
such other person as the City Manager shall designate, but only upon such proof
demanded by the City that has been provided, but in no event shall such interim
advance payment be made unless the Contractor shall have represented in writing that
said percentage of completion of the phase has been performed by the Contractor.
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.........
The practice of making interim monthly advances shall not convert this agreement to
a time and materials basis of payment.
B. ( ) Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the Defined Services by Consultant as are
separately identilied below, City shall pay the fixed fee associated with each phase of Services,
in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not
commence Services under any Phase, and shall not be entitled to the compensation for a Phase,
unless City shall have issued a notice to proceed to Consultant as to said Phase.
Phase
1.
Fee for Said Phase
3.
$
$
$
2.
( ) 1. Interim Monthly Advances. The City shall make interim monthly advances
against the compensation due for each phase on a percentage of completion basis for
each given phase such that, at the end of each phase only the compensation for that
phase has been paid. Any payments made hereunder shall be considered as interest
free loans that must be returned to the City if the Phase is not satisfactorily
completed. If the Phase is satisfactorily completed, the City shall receive credit
against the compensation due for that phase. The retention amount or percentage set
forth in Paragraph 19 is to be applied to each interim payment such that, at the end of
the phase, the full retention has been held back from the compensation due for that
phase. Percentage of completion of a phase shall be assessed in the sole and
unfettered discretion by the Contracts Administrator designated herein by the City, or
such other person as the City Manager shall designate, but only upon such proof
demanded by the City that has been provided, but in no event shall such interim
advance payment be made unless the Contractor shall have represented in writing that
said percentage of completion of the phase has been performed by the Contractor.
The practice of making interim monthly advances shall not convert this agreement to
a time and materials basis of payment.
C. ( ) Hourly Rate Arrangement
For performance of the Defined Services by Consultant as herein required, City shall pay
Consultant for the productive hours of time spent by Consultant in the performance of said
Services, at the rates or amounts set forth in the Rate Schedule herein below according to the
following terms and conditions:
(I) ( ) Not-to-Exceed Limitation on Time and Materials Arrangement
Page 24
J:IEnginecrITRAFFICITF274 - Count StationslTF274 - 2 Party Consultant Agreement.doc
5-30
Notwithstanding the expenditure by Consultant of time and materials in excess of said
Maximum Compensation amount, Consultant agrees that Consultant will perform all of
the Defined Services herein required of Consultant for $
including all Materials, and other "reimbursables" ("Maximum Compensation").
(2) ( ) Limitation without Further Authorization on Time and Materials Arrangement
At such time as Consultant shall have incurred time and materials equal to
$ ("Authorization Limit"), Consultant shall not be entitled
to any additional compensation without further authorization issued in writing and
approved by the City. Nothing herein shall preclude Consultant from providing additional
Services at Consultant's own cost and expense. See Exhibit B for wage rates.
( )Hourly rates may increase by 6% for services rendered after [month], 20_, if delay
in providing services is caused by City.
11. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Consultant in the performance of services
herein required, City shall pay Consultant at the rates or amounts set forth below:
( ) None, the compensation includes all costs.
Cost or Rate
$
$
$
$
$
$
$
$
$
$
() Reports, not to exceed $
() Copies, not to exceed $
() Travel, not to exceed $
() Printing, not to exceed $
() Postage, not to exceed $
() Delivery, not to exceed $
() Outside Services:
() Other Actual Identifiable Direct Costs:
, not to exceed $
, not to exceed $
12. Contract Administrators:
City: Muna Cuthbert, Senior Civil Engineer
Phone: (619) 409-5804
Fax: (619) 691-5171
E-mail: mcuthbert(al.ci.chula-vista.ca.us
Consultant: Rick Duncan, Utility Operations Manager
Phone: (714) 397-7603
Fax: (714) 666-1123
Page 25
J:IEngineerITRAFFICITF274 - Count StationslTF274 - 2 Party Consultant Agreement.doc
5-31
E-mail:rduncan@teameconolite.com
13. Liquidated Damages Rate:
(X) $500.00 per day.
( ) Other:
14. Statement of Economic Interests, Consultant Reporting Categories, per Conflict ofInterest
Code (Chula Vista Municipal Code chapter 2.02):
(X) Not Applicable. Not an FPPC Filer.
( ) FPPC Filer
( ) Category No. I. Investments, sources of income and business interests.
( ) Category No.2. Interests in real property.
) Category No.3. Investments, business pOSItIOns, interests in real property, and
sources of income subject to the regulatory, permit or licensing authority of the
department administering this Agreement.
( ) Category No.4. Investments and business positions in business entities and sources of
income that engage in land development, construction or the acquisition or sale of
real property.
( ) Category No.5. Investments and business positions in business entities and sources
of income that, within the past two years, have contracted with the City of Chula
Vista or the City's Redevelopment Agency to provide services, supplies, materials,
machinery or equipment.
) Category No.6. Investments and business positions in business entities and sources of
income that, within the past two years, have contracted with the department
administering this Agreement to provide services, supplies, materials, machinery or
equipment.
( ) List "Consultant Associates" interests in real property within 2 radial miles of Project
Property, if any:
Page 26
J:IEngineerITRAFFICITF274 - Count StationslTF274 - 2 Party Consultant Agreement.doc
5-3z
,
,
II
1-
15. ( ) Consultant is Real Estate Broker and/or Salesman
16. Pemlitted Subconsultants:
Page 27
J:\EngineerITRAFFICITF274 - Count StationslTF274 - 2 Party Consultant Agreement.doc
5-33
1. Bill Processing:
A. Consnltant's Billing to be submitted for the following period of time:
(X) Monthly
( ) Quarterly
( ) Other:
B. Day of the Period for submission of Consultant's Billing:
( ) First of the Month
( ) 15th Day of each Month
(X)End of the Month
( ) Other:
C. City's Account Number:
24522740: DE2llO
2. Security for Performance
(X)Performance Bond, $ $281,750.59
( ) Letter of Credit, $
( ) Other Security:
Type:
Amount: $
(X)Retention. If this space is checked, then notwithstanding other provisions to the contrary
requiring the payment of compensation to the Consultant sooner, the City shall be entitled
to retain, at their option, either the following "Retention Percentage" or "Retention
Amount" until the City determines that the Retention Release Event, listed below, has
occurred:
(X) Retention Percentage:
( ) Retention Amount: $
10 %
Retention Release Event:
(X) Completion of All Consultant Services
( ) Other:
Page 28
J:\EngineerITRAFFICITF274 - Count StationslTF274 - 2 Party Consultant Agreement.doc
5-34
Exhibit B
(21:) 2 LANE ROADWAY
(NO BIKE LANES)
:7
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LEGEND
@ 6 LANE MAJOR
~ 4 LANE MAJOR
(1) CLASS 1 COLLECTOR
BIRCH
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5-35
Page 29 Ii
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M CCONOt..rnif Gl1J\.1P Compafly
Exhibit C
Request for Proposal for Providing and Installing Permanent Traffic Count Station Systems (CIP# TF-274)
Count Station Equipment, Material and Installation
C11
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en
Loo#
1
2
3
4
5
8
T
6
9
10
11
12
13
14
15
18
17
16
19
20
21
22
23
24
25
26
27
28
Location
Olav lakes & Hunte (North)
Otav lakes & Hunte (South)
Olav Lakes & Hunl. IEasll
Olav lakes east of Woods
WU6ste
Olvmnie & Hunte lEast}
OlvmDic & Hunte INorth)
Olvmnic & Hunte 150ulh1
OlvmDie & Hunle IWas11
OlvmDlc & Windina Walk 15DUlhl
Olvmnlc & Exnlor.tion FallslSouth)
Olvmoie & Eastaate INarth)
Olvmnlc 1\ Eastaate 150ulh1
Blrch e/or EasUake
EesUake 1\ Hunl. (East)
Birch wlaf 125 Fwv
Maodalena s/of BJrch
Maodalena n10f Birch
La MedIa n/of Birch
La Media nlof Santa VEHleUa
Olvmoie alaf Le Media
Olvmnlc & Palomar IsOulhJ
EasUake olaf Clubhouse
Eastlake s/of Olav lakes
Dtay Lakes elof Eastlake
Lene olaf Otav lakas
Otav Lakes alof Lane
Proctor Valley e/of DUncan Valley
Tvpa
4M
4M
OM
8M
2L
4M
4M
BM
8M
2L
2L
BM
6M
C1
BM
6M
C1
C1
8M
6M
6M
4M
4M
8M
8M
C1
6M
4M
Price Pnce PriCing
(witl1 new pola) (using ex pole) (least cosl option) Pol.s
S 9 SZO,02 \~Uit~Jt~itrrtQ~tJtt~~ $ 9 820.02 New steel pole on East side
$ 9,820,02 $ 9,820.02 New 510el pola on East side
S 9,820,02 l S 9,820.02 New stuel pole on North or Soult1 side
S 9,820,02 .$ 9820.02 New slael oola on North or Soulh side
S 9 820.02 $ 9,820,02 New steel oole on West side
$ 9 820.02 ,:'j $ 9 820.02 New steal pole on North or Soulh side
S 9.820.02 $ 9,820.02 New steel pole on Weststde
$ 9,820.02 $ 9,820.02 Naw steel pole on Wast sida
. 9 820,02 il'Mit $ 9 820,02 Naw stael pole on North side
S 9.fl20,02 S 6919." $ 6.919.11 Sleel or existing concrete Dole West side
. 9820,02 $ 6919,11 $ 8.919.11 Steel orexisllna conerole polo West sid.
S 9620,02 S 13.836,22 $ 9,820,02 New sleal oole on allher west or east side
~ S 13,838.22 $ 982Q.02 New steel pole on ellherwest Of east side
II"~ S 6919,11 $ 8,919.11 Concrelepqleonnorthside
. 9,820.02 S 6,919,11 $ 6 $19.11 Sleel oraxlstlno concrele pol. soulh side
~ S 13 838.22 $ 13 838.22 Median concrolo polo - '2 units needed
~S 6,919.11 $ 6,919.11 Sleelorexistlnoconcrelepolewestslde
$ 9.820:02 S 8.919.11: $ 6,919.11 Steel or existingcoilcreto pole easl sk1e
S 9,620.02 $ $,820,02 Naw Sleel pol. on E.sl.lde
$ 9,820.02 $ 9820.02 New sle.I~la on Eastside
$ 9820.02 . 9820.02 Naw steal oole on soulh side
S 9,820,02 $ 9,820,02 New steel oole on Wasl side
$ 13,838.22 New steet pole on West side or ex median nolo
$ 9820,02 $ 9,820,02 New steel pOla on Westslda
$ 9.B20.02 I $ 9.820,02 Naw sleal pole on North.slda
$ 9,820,02 S 6,919.11 $ 6919,11 Steel orexlsbng concretopole eas1 side
$ 9,820.02 t 13838.22 $ 9,820.02 Steel north side or ex:istinq median COl1crete O(.le
$ 9,820.02:& 13,838.22 $ 9,820.02 Steel south side or existing median coot'.rele pole
Subtotar
1$
262,890,591
J:\EngineerITRAFFICITF274 - Count StationslTF274 - 2 Party Consultant Agreement.doc
Page 30
Exhibit C (cont.)
Non-Slte-related Initial Costs
Item
1
2
3
4
5
Oescri tion at
Traffic R crter Softwate 1
Dell FastTrack Elite Vostro 230 Workstation 1
Dell Voslro La to with B lIetooth 1
Personnel Trainln 3
Field Technical Suppnrt 11
Unit Prlce
$ 1430.00
$ 1100.00
$ 1.130.00
$ 1.100.00
$ 1.100.00
Total Initial Costs Count Station Equipment plus Non-Site-Related Initial Costs
Subtotal
Recurring Costs
(J1
I
w
-..I
Oeserl Uon Qty
fsUmaled Annua ost of 0 s &Maint 1 S
- O&M costs exclusive of manual data collection
~ O&M.costs based on battery replacement for 30 units every 5 years, parts and labor
- O&M costs sub-eet to escalation after first.repiacement cycle
Item
7
Unit Price
2.184.00
Prepared by Econolile TraffIC Engineering a. Maintenance, Inc. (Team Econolile)
June 23. 2010
tt'~l~J;}~
J:IEngineerITRAFFICITF274 - Count StatiouslTF274 - 2 Party Consultant Agreement.doc
1-~~~~--~~~
Extended Price
S 1 430.00
1100.00
$ 1130.00
$ 3 300.00
$ 12.100.00
IS
'19.060.00.1
I $ 281,750.591
Extended Price
$ 2 184.00
Page 31
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Cf1) CLASS I COLLECTOR i; ~-"-----...../--- \ ~"-'-'US-2 '--1,~c- )
ilt ~') ---, 'l'~~~-:.:.'
C~ 2 LANE ROADWAY Ii i '-, '~---at,
(NO BIKE LANES) :-:c ~~. i: J P ! .-
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6 LANE MAJOR
G,i;1) 4 LANE MAJOR
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December 15. 2009 II Prepared By: Patrick Moneda
Page 28
J:\Engineer\TRAFFlC\TF274 - Count Stations\TF274 - 2 Party Consultant AgreerncnLdoc
5-38
Exhibit C
htt"'Team
,,-~ .
3!=,lC'iOnI01Uo(l;;s
lrc'fc(rq-on-g rrdr,utuuu:. h:
N, nCCf\toUTt'! r:'1Il111 C(lIutJallY
Request for Proposal for Providing and Installing Permanent Traffic Count Station Systems (CIP# TF-274)
Count Station Equipment. Material and Installation
CJ1
I
W
<.0
Prlco Price Pricing
toe# locution Typo ~,. ";;:O~:f" - '~"J"" "';:; Poles
1 Olov Lakes & Hunlo (North 4M Now slool nolo on East aido
2 Olav Lakes & Hunto (South) 4M 5 9,020,02 5 9,020.02 New Sleel Dole on East sIde
3 Otav Lakus 8; Hunte (Eas!) OM S 9,820.02 i:~~~ $ 9 820.02 New steel pole on North or SoUtt1 sldo
4 Olav Lakes east of Woods 6M S 9,82D.e2 :;;Yi. '" $ 9,820.02 Now stool pOlo on North or South Sldo
5 Wuesto 2L S 20"--';'r'-;"""i""-"'W~'L"" S 98 2 New ~teel Dole on West sido
6 Olv/noic & Hunte lEas\) 4M S :,:20:~~ ';':k1:.:"~<~'~{i_~.".i.",f;~~: $ 9'B~~:~2 New !31ccl polD on Nor1h or SouJh sldo
7 Olvmoic & Hunte {Norlh 4M $ 9820 02 "''''''.'''''...''.'''''''..'!: $ 9 820 02 Now steel pole on We[J! !Iid~
, . .C.""3~.'.~'.."".."...,_,<,~"...'.;..". ,
8 Olvmoic & Hunlo {South eM $ 9820,Otll $ 9,820.02 New sleel Dole on West side
9 OlymPIc & Hunte (West 8M $ 9,820.02 $ 9820,02 New steel pole an North side
10 Olvmoic & Windina Walk (Soulhl 2L $ 9.820.02 S 6,919,11 $ 8,919,11 Steel or exisllnQ concrete pole Wast sIde
11 Olvmnlc & Exolorotion Fells (South) 2L $ 9,820.02 $ 6919,11 $ 6.919.11 Steel or eXlslfna concreto noln Wost sldo
12 Olympic & EO'lgBI. (North) 8M 5 9.820.02 $ 13 838.22 $ 9,820.02 New sleol Dolo on either wflst or east side
13 Olymolc & Easl..I. (Soulh) 6M $ 9.82~ S 13.038.22 $ 9,820.02 New steal Dole on ellher west or cost sIde
14 Birch elof Eastlake C1 S 6919.11 $ 6919.11 Concrel~ ""olr: on north sIde
15 EasUoke & Hunt!) (EnaU 6M $ D.620.0~ 5 0919,11 $ 6,919.11 Steel or exlsllna cancretp, oole south sids
16 Birch w/ef 125 Fwv eM 5 13 838.22 $ 13838.22 r,lodloll c!.lncfolo Dolo - 2 lInlt!: needed
17 Maodalena slor BirCh Cl S a.82M2 S 6,919.11 S 6,919, " Sleel or oxlnllna concrete Oole west side
18 Maadalona n/of Birch Cl $ 9,B20.02 S 6,919,11 5 6,919,11 Steel or exislinQ conc:mlc pote east side
19 La Media n/of Birch OM $ 9,820.02 ~;:h_ir, ~'~j;'~ '~ii: !;~; !::r~~~'! ?>; $ 9,B20,02 Now Stoel pole on East sIde
20 La MedIa nlof Sanl<l Venetl!1 8M $ 9 820.02 ;'::\;:i:})~,:G;::fS;;f~;,;,:,'~i?l!q; $ 9,820.02 New sleel Dole on East side
21 Olympic etof La Modia 6M $ 9,820.02 i.':';,';;;' $ 9,820.02 New steel Dole on soulh sido
22 Olvmolc & Palomar (south) 4M $ 9,620.02 iii;,",:. $ 9,820,02 New steel Dole on West sldo
23 EasUake stof Clubhouse 4M $ 9 620.02 _~;l $ 13,838,22 New steel pole on Wost sldo or ex mcdi;'ln polo
24 Easlfalm slof Olav lakes 6M $ 9 820.02 $ 9,820.02 Now stool nole on Wesl side
25 Olav Lakes olef Easllake 6M $ 9.620.02 !:.'~';i i:.;,g: $ 9,020.02 New slee! Dole on Nor1h sids
26 Lann o/of Olav LO!<6S C1 $ 9,620,02 S 6,919,11 $ 6919.11 Stoel or exlsllna concroln nole east side
27 Olav Lakes elof Lane 6M $ 9820,02 $ 13 838,22 5 9,820.02 Sloe I north side or exislinCl l11p.dkm concrdll [JOlfl
28 Proctor Valley elnf Duncan Valley dM $ 9.820.02 $ 13.938,22 S 9,820.02 Stenl south sid a or exi9ting mcdinn cancrclc pO~tl
Subtolal
1$
262,690,59 I
Page 29
J:IEngineerITRAFFICITF274 - Count StationsITF274 - 2 Party Consllllanl Agreement.doc
I--~----
c.n
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C)
I~'.
Exhibit C (cont.)
Non-Slto-related Initial Costs
Horn
1
2
3
4
5
Oeserl Bon
Traffic Re orter Software
Dell FaslTfflck Elite Voslro 230 WornslaUon
Doll Vasko Lo 10 with Bluotoolh
Personnel Trainln
Field Tochnlcal Support
at
I
1
1
3
11
Unll Prlce;A');'(i,-,;:,;I~\;\\.\YLW'i'r,:;'i~
S 1.430.00
S 1100.00
S 1,130.00
S 1.100.00
S 1,100.00
E:xtondod Prlctl
$ 1 430.00
$ 1100.00
$ 1,130.00
S 3 300.00
S 12,100.00
Subtotal
I S 19,060.00 I
I $ 281,750.59
Total Inlllal Costs Count Station Equlpmont plus Non-8ite-Relatod Initial Costs
Recurring Costs
Item Description I QIy I Unit Price Iiic Extended Price
7 Estimated Annual Cost of 005 &Mainl 1 S 2, I 84.00 I S 2164.00
. O&M cosls excluslye of manual data collection
~ O&M costs based on baltory repla~emenl for 30 units every 5 years, parts and labor
- O&M casts subjoct to ascalallan after first rcplacemenl cycle
Prepared by Econo1ito Traffic Engineering & Malntel'1ance. Inc. (Team Econollte)
Juno 23, 2010
Page 30
J:IEngineerITRAFFICITF274 - Count StationslTF274 - 2 Party Consultant Agreement.doe
RESOLUTION 201 0-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING Ai'! AGREEMENT BETWEEN
THE CITY OF CHULA VISTA AND TEAM ECONOLITE
TRAFFIC ENGINEERING Al'!D MAINTENANCE, INe. FOR
PROVIDING AND INSTALLING PERMANENT TRAFFIC
COUNT STATION SYSTEMS (TF274)
WHEREAS, the City's Traffic Monitoring Program was established to monitor traffic
conditions (vehicular volumes, speeds and delays) along all major collector and arterial
roadways throughout the City's expansive roadway network; and
WHEREAS, permanent traffic count stations are an integral tool in the continuous
monitoring of traffic conditions, which would provide staff with improved data collection
capabilities, and alleviate staff from needing to deploy temporary traffic counting devices
(rubber hose counting equipment) along these roadway segments; and
WHEREAS, due to the numerous technologies and manufacturers of equipment designed
for permanent traffic count station systems, staff considered it necessary to request proposals
from qualified equipment vendors and construction companies; and
WHEREAS, an RFP was published and on May 26, 2010, the following two equipment
vendors/contractor companies formally responded:
1. Team Econolite Traffic Engineering and Maintenance, Inc.
2. Republic ITS; and
WHEREAS, a Selection Committee, appointed by the City Manager, reviewed proposals
and determined that the two respondents had previously completed projects similar in scope to
that required by the City; and
WHEREAS, The selection of Team Econolite Traffic Engineering and Maintenance, Inc.
was based upon: 1) most organized layout/appearance of the proposal package; 2) technology
that meets the pcrformance requirements as set-forth in the RFP; 3) positive references for
similar scoped projects; 4) lower initial costs; and 5) lower recurring/maintenance costs.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve an agreement between the City ofChula Vista and Team Econolite
Traffic Engineering and Maintenance, Inc. for providing and installing permanent traffic count
station systems (TF274).
Richard A. Hopkins
Director of Public Works
I
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Presented by
5-41