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2018 Agreement for Traffic Data Collection ServicesAGREEMENT FOR SERVICES City of Gilroy On -Call Traffic Engineering Data Collection Services No. 18- RFP -PW -412 This AGREEMENT made this 25 day of June, 2018, between: CITY: City of Gilroy, having a principal place of business at 7351 Rosanna Street, Gilroy, California and CONTRACTOR: IDAX Data Solutions, having a principal place of business at 2224 Old Middlefield Way Ste. D, Mountain View, CA 94043. ARTICLE 1. TERM OF AGREEMENT This Agreement will become effective on 6/25/2018 and will continue in effect through 6/30/2021 unless terminated in accordance with the provisions of Article 7 of this Agreement. Any lapse in insurance coverage as required by Article 5, Section D of this Agreement shall terminate this Agreement regardless of any other provision stated herein. JC Initial ARTICLE 2. INDEPENDENT CONTRACTOR STATUS It is the express intention of the parties that CONTRACTOR is an independent contractor and not an employee, agent, joint venturer or partner of CITY. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between CITY and CONTRACTOR or any employee or agent of CONTRACTOR. Both parties acknowledge that CONTRACTOR is not an employee for state or federal tax purposes. CONTRACTOR shall not be entitled to any of the rights or benefits afforded to CITY'S employees, including, without limitation, disability or unemployment insurance, workers' compensation, medical insurance, sick leave, retirement benefits or any other employment benefits. CONTRACTOR shall retain the right to perform services for others during the term of this Agreement. ARTICLE 3. SERVICES TO BE PERFORMED BY CONTRACTOR A. Specific Services CONTRACTOR agrees to: Perform the services as outlined in Exhibit "A" ( "Specific Provisions ") and Exhibit `B" ( "Scope of Services "), within the time periods described in Exhibit "C" ( "Milestone Schedule "). B. Method of Performing Services CONTRACTOR shall determine the method, details and means of performing the above - described services. CITY shall have no right to, and shall not, control the manner or determine the method of accomplishing CONTRACTOR'S services. 4835 - 2267 -03610 LAC104706083 C. Employment of Assistants CONTRACTOR may, at the CONTRACTOR'S own expense, employ such assistants as CONTRACTOR deems necessary to perform the services required of CONTRACTOR by this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 below. CITY may not control, direct, or supervise CONTRACTOR'S assistants in the performance of those services. CONTRACTOR assumes full and sole responsibility for the payment of all compensation and expenses of these assistants and for all state and federal income tax, unemployment insurance, Social Security, disability insurance and other applicable withholding. D. Place of Work CONTRACTOR shall perform the services required by this Agreement at any place or location and at such times as CONTRACTOR shall determine is necessary to properly and timely perform CONTRACTOR'S services. ARTICLE 4. COMPENSATION A. Consideration In consideration for the services to be performed by CONTRACTOR, CITY agrees to pay CONTRACTOR the amounts set forth in Exhibit "D ( "'Payment Schedule "). In no event however shall the total compensation paid to CONTRACTOR exceed $25,000. B. Invoices CONTRACTOR shall submit invoices for all services rendered within 10 business days from the last working day of that month. C. Payment Payment shall be due according to the payment schedule set forth in Exhibit "D ". No payment will be made unless CONTRACTOR has first provided City with a written receipt of invoice describing the work performed and any approved direct expenses (as provided for in Exhibit "A ", Section IV) incurred during the preceding period. If CITY objects to all or any portion of any invoice, CITY shall notify CONTRACTOR of the objection within thirty (30) days from receipt of the invoice, give reasons for the objection, and pay that portion of the invoice not in dispute. It shall not constitute a default or breach of this Agreement for CITY not to pay any invoiced amounts to which it has objected until the objection has been resolved by mutual agreement of the parties. D. Expenses CONTRACTOR shall be responsible for all costs and expenses incident to the performance of services for CITY, including but not limited to, all costs of equipment used or provided by CONTRACTOR, all fees, fines, licenses, bonds or taxes required of or imposed against CONTRACTOR and all other of CONTRACTOR'S costs of doing business. CITY shall not be 4835- 2267 -0361 v1 _2_ LAC104706083 responsible for any expenses incurred by CONTRACTOR in performing services for CITY, except for those expenses constituting "direct expenses" referenced on Exhibit "A." ARTICLE 5. OBLIGATIONS OF CONTRACTOR A. Tools and Instrumentalities CONTRACTOR shall supply all tools and instrumentalities required to perform the services under this Agreement at its sole cost and expense. CONTRACTOR is not required to purchase or rent any tools, equipment or services from CITY. B. Workers' Compensation CONTRACTOR agrees to provide workers' compensation insurance for CONTRACTOR'S employees and agents and agrees to hold harmless, defend with counsel acceptable to CITY and indemnify CITY, its officers, representatives, agents and employees from and against any and all claims, suits, damages, costs, fees, demands, causes of action, losses, liabilities and expenses, including without limitation reasonable attorneys' fees, arising out of any injury, disability, or death of any of CONTRACTOR'S employees. C. Indemnification of Liability, Duty to Defend As to all liability, to the fullest extent permitted by law, CONTRACTOR shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys' fees, arising or resulting directly or indirectly from any act or omission of CONTRACTOR or CONTRACTOR'S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property. D. Insurance In addition to any other obligations under this Agreement, CONTRACTOR shall, at no cost to CITY? obtain and maintain throughout the term of this Agreement: (a) Commercial Liability Insurance on a per occurrence basis, including coverage for owned and non -owned automobiles, with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, including the loss of use thereof. As a condition precedent to CITY'S obligations under this Agreement, CONTRACTOR shall furnish written evidence of such coverage (naming CITY, its officers and employees as additional insureds on the Comprehensive Liability insurance policy referred to in (a) immediately above via a specific endorsement) and requiring thirty (30) days written notice of policy lapse or cancellation, or of a material change in policy terms. 4835 - 2267 -0361 v1 _3 _ LAC104706083 E. Assignment Notwithstanding any other provision of this Agreement, neither this Agreement nor any duties or obligations of CONTRACTOR under this Agreement may be assigned or subcontracted by CONTRACTOR without the prior written consent of CITY, which CITY may withhold in its sole and absolute discretion. F. State and Federal Taxes As CONTRACTOR is not CITY'S employee, CONTRACTOR shall be responsible for paying all required state and federal taxes. Without limiting the foregoing, CONTRACTOR acknowledges and agrees that: • CITY will not withhold FICA (Social Security) from CONTRACTOR'S payments; • CITY will not make state or federal unemployment insurance contributions on CONTRACTOR'S behalf; • CITY will not withhold state or federal income tax from payment to CONTRACTOR; • CITY will not make disability insurance contributions on behalf of CONTRACTOR; • CITY will not .obtain workers' compensation insurance on behalf of CONTRACTOR. ARTICLE 6. OBLIGATIONS OF CITY A. Cooperation of City CITY agrees to respond to all reasonable requests of CONTRACTOR and provide access, at reasonable times following receipt by CITY of reasonable notice, to all documents reasonably necessary to the performance of CONTRACTOR'S duties under this Agreement. B. Assignment CITY may assign this Agreement or any duties or obligations thereunder to a successor governmental entity without the consent of CONTRACTOR. Such assignment shall not release CONTRACTOR from any of CONTRACTOR'S duties or obligations under this Agreement. ARTICLE 7. TERMINATION OF AGREEMENT A. Sale of CONTRACTOR's Business/ Death of CONTRACTOR. CONTRACTOR shall notify CITY of the proposed sale of CONTRACTOR's business no later than thirty (30) days prior to any such sale. CITY shall have the option of terminating this Agreement within thirty (30) days after receiving such notice of sale. Any such CITY termination pursuant to this Article 7.A shall be in writing and sent to the address for notices to CONTRACTOR set forth in Exhibit A, Subsection V.H., no later than thirty (30) days after CITY' receipt of such notice of sale. 4835 - 2267 -03610 _4_ LAC104706083 If CONTRACTOR is an individual, this Agreement shall be deemed automatically terminated upon death of CONTRACTOR. B. Termination by City for Default of CONTRACTOR Should CONTRACTOR default in the performance of this Agreement or materially breach any of its provisions, CITY, at CITY'S option, may terminate this Agreement by giving written notification to CONTRACTOR. For the purposes of this section, material breach of this Agreement shall include, but not be limited to the following: 1. CONTRACTOR'S failure to professionally and /or timely perform any of the services contemplated by this Agreement. 2. CONTRACTOR'S breach of any of its representations, warranties or covenants contained in this Agreement. CONTRACTOR shall be entitled to payment only for work completed in accordance with the terms of this Agreement through the date of the termination notice, as reasonably determined by CITY, provided that such payment shall not exceed the amounts set forth in this Agreement for the tasks described on Exhibit C" which have been fully, competently and timely rendered by CONTRACTOR. Notwithstanding the foregoing, if CITY terminates this Agreement due to CONTRACTOR'S default in the performance of this Agreement or material breach by CONTRACTOR of any of its provisions, then in addition to any other rights and remedies CITY may have, CONTRACTOR shall reimburse CITY, within ten (10) days after demand, for any and all costs and expenses incurred by CITY in order to complete the tasks constituting the scope of work as described in this Agreement, to the extent such costs and expenses exceed the amounts CITY would have been obligated to pay CONTRACTOR for the performance of that task pursuant to this Agreement. C. Termination for Failure to Make Agreed -Upon Payments Should CITY fail to pay CONTRACTOR all or any part of the compensation set forth in Article 4 of this Agreement on the date due, then if and only if such nonpayment constitutes a default under this Agreement, CONTRACTOR, at the CONTRACTOR'S option, may terminate this Agreement if such default is not remedied by CITY within thirty (30) days after demand for such payment is given by CONTRACTOR to CITY. D. Transition after Termination Upon termination, CONTRACTOR shall immediately stop work, unless cessation could potentially cause any damage or harm to person or property, in which case CONTRACTOR shall cease such work as soon as it is safe to do so. CONTRACTOR shall incur no further expenses in connection with this Agreement. CONTRACTOR shall promptly deliver to CITY all work done toward completion of the services required hereunder, and shall act in such a manner as to facilitate any the assumption of CONTRACTOR's duties by any new CONTRACTOR hired by the CITY to complete such services. 4835- 2267- 0361v1 LAC104706083 -5- ARTICLE 8. GENERAL PROVISIONS A. Amendment & Modification No amendments, modifications, alterations or changes to the terms of this Agreement shall be effective unless and until made in a writing signed by both parties hereto. B. Americans with Disabilities Act of 1990 Throughout the term of this Agreement, the CONTRACTOR shall comply fully with all applicable provisions of the Americans with Disabilities Act of 1990 ( "the Act ") in its current form and as it may be amended from time to time. CONTRACTOR shall also require such compliance of all subcontractors performing work under this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 above. The CONTRACTOR shall defend with counsel acceptable to CITY, indemnify and hold harmless the CITY OF GILROY, its officers, employees, agents and representatives from and against all suits, claims, demands, damages, costs, causes of action, losses, liabilities, expenses and fees, including without limitation reasonable attorneys' fees, that may arise out of any violations of the Act by the CONTRACTOR, its subcontractors, or the officers, employees, agents or representatives of either. C. Attorneys' Fees If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys' fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled. D. Captions The captions and headings of the various sections, paragraphs and subparagraphs of the Agreement are for convenience only and shall not be considered nor referred to for resolving questions of interpretation. E. Compliance with Laws The CONTRACTOR shall keep itself informed of all State and National laws and all municipal ordinances and regulations of the CITY which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Without limiting the foregoing, CONTRACTOR agrees to observe the provisions of the Municipal Code of the CITY OF GILROY, obligating every contractor or subcontractor under a contract or subcontract to the CITY OF GILROY for public works or for goods or services to refrain from discriminatory employment or subcontracting practices on the basis of the race, color, sex, religious creed, national origin, ancestry of any employee, applicant for employment, or any potential subcontractor. 4835 - 2267 -03610 _6_ LAC104706083 F. Conflict of Interest CONTRACTOR certifies that to the best of its knowledge, no CITY employee or office of any public agency interested in this Agreement has any pecuniary interest in the business of CONTRACTOR and that no person associated with CONTRACTOR has any interest that would constitute a conflict of interest in any manner or degree as to the execution or performance of this Agreement. G. Entire Agreement This Agreement supersedes any and all prior agreements, whether oral or written, between the parties hereto with respect to the rendering of services by CONTRACTOR for CITY and contains all the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. 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, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. No other agreements or conversation with any officer, agent or employee of CITY prior to execution of this Agreement shall affect or modify any of the terms or obligations contained in any documents comprising this Agreement. Such other agreements or conversations shall be considered as unofficial information and in no way binding upon CITY. H. Governing Law and Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions of any jurisdiction. The exclusive jurisdiction and venue with respect to any and all disputes arising hereunder shall be in state and federal courts located in Santa Clara County, California. I. Notices Any notice to be given hereunder by either party to the other may be effected either by personal delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested. Mailed notices shall be addressed to the parties at the addresses appearing in Exhibit "A ", Section V.H. but each party may change the address by written notice in accordance with this paragraph. Notices delivered personally will be deemed delivered as of actual receipt; mailed notices will be deemed delivered as of three (3) days after mailing. J. Partial Invalidity If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. K. Time of the Essence All dates and times referred to in this Agreement are of the essence. 4835 - 2267 -0361 v1 _7_ LAC104706083 L. Waiver CONTRACTOR agrees that waiver by CITY of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement. Executed at Gilroy, California, on the date and year first above written. CONTRACTOR: IDAX Data Solutions By: _ Name: i ary Ti tl Social Security or Taxpayer Identification Number '/Ii� -30003 75- Approve as to Form City Attorney 4835 - 2267- 0361v1 _g_ LAC \04706083 CITY: CITY OF GILROY By: _ Name: Title: 6irum-S -A -wake ATTEST: City Clerk L. Waiver CONTRACTOR agrees that waiver by CITY of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement. Executed at Gilroy, California, on the date and year first above written. CONTRACTOR: IDAX Data Solutions By: Name. .i r M Social Security or Taxpayer Identification Number W,,-3000375- ,, -30003 ?5- Approve as to Form City Attorney 4835- 2267 -0361v1 _8_ LAC104706083 CITY: CITY OF GILROY By: C Name: Girum S. Awoke- 06VI70 Title: Public- Wor-k-s- Director cff�Biminio ATTE T : : cq n C?ilh Cwt it EXHIBIT "A" SPECIFIC PROVISIONS I. PROJECT MANAGER CONTRACTOR shall provide the services indicated on the attached Exhibit "B ", Scope of Services ( "Services "). (All exhibits referenced are incorporated herein by reference.) To accomplish that end, CONTRACTOR agrees to assign Parker Russell , who will act in the capacity of Project Manager, and who will personally direct such Services. Except as may be specified elsewhere in this Agreement, CONTRACTOR shall furnish all technical and professional services including labor, material, equipment, transportation, supervision and expertise to perform all operations necessary and required to complete the Services in accordance with the terms of this Agreement. II. NOTICE TO PROCEED /COMPLETION OF SERVICE A. NOTICE TO PROCEED CONTRACTOR shall commence the Services upon delivery to CONTRACTOR of a written "Notice to Proceed ", which Notice to Proceed shall be in the form of a written communication from designated City contact person(s). Notice to Proceed may be in the form of e -mail, fax or letter authorizing commencement of the Services. For purposes of this Agreement, Nirorn Than shall be the designated City contact person(s). Notice to Proceed shall be deemed to have been delivered upon actual receipt by CONTRACTOR or if otherwise delivered as provided in the Section V.H. ( "Notices ") of this Exhibit "A". B. COMPLETION OF SERVICES When CITY determines that CONTRACTOR has completed all of the Services in accordance with the terms of this Agreement, CITY shall give CONTRACTOR written Notice of Final Acceptance, and CONTRACTOR shall not incur any further costs hereunder. CONTRACTOR may request this determination of completion when, in its opinion, it has completed all of the Services as required by the terms of this Agreement and, if so requested, CITY shall make this determination within two (2) weeks of such request, or if CITY determines that CONTRACTOR has not completed all of such Services as required by this Agreement, CITY shall so inform CONTRACTOR within this two (2) week period. III. PROGRESS SCHEDULE The schedule for performance and completion of the Services will be as set forth in the attached Exhibit "C ". IV. PAYMENT OF FEES AND DIRECT EXPENSES Payments shall be made to CONTRACTOR as provided for in Article 4 of this Agreement. 4835 - 2267 -0361 v1 _ 1 LAC104706083 Direct expenses are charges and fees not included in Exhibit "B ". CITY shall be obligated to pay only for those direct expenses which have been previously approved in writing by CITY. CONTRACTOR shall obtain written approval from CITY prior to incurring or billing of direct expenses. Copies of pertinent financial records, including invoices, will be included with the submission of billing(s) for all direct expenses. V. OTHER PROVISIONS A. STANDARD OF WORKMANSHIP CONTRACTOR represents and warrants that it has the qualifications, skills and licenses necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and CITY expressly relies upon CONTRACTOR'S representations and warranties regarding its skills, qualifications and licenses. CONTRACTOR shall perform such Services and duties in conformance to and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Any plans, designs, specifications, estimates, calculations, reports and other documents fi mished under this Agreement shall be of a quality acceptable to CITY. The minimum criteria for acceptance shall be a product of neat appearance, well- organized, technically and grammatically correct, checked and having the maker and checker identified. The minimum standard of appearance, organization and content of the drawings shall be that used by CITY for similar purposes. B. RESPONSIBILITY OF CONTRACTOR CONTRACTOR shall be responsible for the professional quality, technical accuracy, and the coordination of the Services furnished by it under this Agreement. CONTRACTOR shall not be responsible for the accuracy of any project or technical information provided by the CITY. The CITY'S review, acceptance or payment for any of the Services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and CONTRACTOR shall be and remain liable to CITY in accordance with applicable law for all damages to CITY caused by CONTRACTOR'S negligent performance of any of the services furnished under this Agreement. C. RIGHT OF CITY TO INSPECT RECORDS OF CONTRACTOR CITY, through its authorized employees, representatives or agents, shall have the right, at any and all reasonable times, to audit the books and records (including, but not limited to, invoices, vouchers, canceled checks, time cards, etc.) of CONTRACTOR for the purpose of verifying any and all charges made by CONTRACTOR in connection with this Agreement. CONTRACTOR shall maintain for a minimum period of three (3) years (from the date of final payment to CONTRACTOR), or for any longer period required by law, sufficient books and records in accordance with standard California accounting practices to establish the correctness of all charges submitted to CITY by CONTRACTOR, all of which shall be made available to CITY at the CITY's offices within five (5) business days after CITY's request. 4835 - 2267- 0361v1 _2_ LAC104706083 D. CONFIDENTIALITY OF MATERIAL All ideas, memoranda, specifications, plans, manufacturing procedures, data (including, but not limited to, computer data and source code), drawings, descriptions, documents, discussions or other information developed or received by or for CONTRACTOR and all other written and oral information developed or received by or for CONTRACTOR and all other written and oral information submitted to CONTRACTOR in connection with the performance of this Agreement shall be held confidential by CONTRACTOR and shall not, without the prior written consent of CITY, be used for any purposes other than the performance of the Services, nor be disclosed to an entity not connected with the performance of the such Services. Nothing furnished to CONTRACTOR which is otherwise known to CONTRACTOR or is or becomes generally known to the related industry (other than that which becomes generally known as the result of CONTRACTOR'S disclosure thereof) shall be deemed confidential. CONTRACTOR shall not use CITY'S name or insignia, or distribute publicity pertaining to the services rendered under this Agreement in any magazine, trade paper, newspaper or other medium without the express written consent of CITY. E. NO PLEDGING OF CITY'S CREDIT. Under no circumstances shall CONTRACTOR have the authority or power to pledge the credit of CITY or incur any obligation in the name of CITY. F. OWNERSHIP OF MATERIAL. All material including, but not limited to, computer information, data and source code, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports and other material developed, collected, prepared (or caused to be prepared) under this Agreement shall be the property of CITY, but CONTRACTOR may retain and use copies thereof subject to Section V.D of this Exhibit "A ". CITY shall not be limited in any way in its use of said material at any time for any work, whether or not associated with the City project for which the Services are performed. However, CONTRACTOR shall not be responsible for, and City shall indemnify CONTRACTOR from, damages resulting from the use of said material for work other than PROJECT, including, but not limited to, the release of this material to third parties for work other than on PROJECT. G. NO THIRD PARTY BENEFICIARY. This Agreement shall not be construed or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have any claim or right of action hereunder for any cause whatsoever. 4835 - 2267- 0361v1 LAC104706083 -3- H. NOTICES. Notices are to be sent as follows: CITY: Nirorn Than City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 CONTRACTOR: Joseph Ciccarelli IDAX Data Solutions 2224 Old Middelfield Way, Suite D Mountain Vie, CA 94043 I. FEDERAL FUNDING REQUIREMENTS. ❑ If the box to the left of this sentence is checked, this Agreement involves federal funding and the requirements of this Section V.I. apply. ® If the box to the left of this sentence is checked, this Agreement does not involve federal funding and the requirements of this Section V.I. do not apply. 1. DBE Program CONTRACTOR shall comply with the requirements of Title 49, Part 26, Code of Federal Regulations (49 CFR 26) and the City- adopted Disadvantaged Business Enterprise programs. 2. Cost Principles Federal Acquisition Regulations in Title 48, CFR 31, shall be used to determine the allowable cost for individual items. 3. Covenant against Contingent Fees The CONTRACTOR warrants that he /she has not employed or retained any company or person, other than a bona fide employee working for the CONTRACTOR, to solicit or secure this Agreement, and that he /she has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or formation of this Agreement. For breach or violation of this warranty, the Local Agency shall have the right to annul this Agreement without liability or, at its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 4835 - 2267- 0361v1 _4_ LAC104706083 EXHIBIT "B" SCOPE OF SERVICES 1. RADAR SPEED SURVEY — Shall be measured and paid for by each radar speed survey completed per segment. A minimum of 100 speed samples shall be taken using radar at each location for each direction, with a 2 -hour maximum duration of data collection. This information shall be compiled into a graphic computer -based format, indicating statistical analyses of the average speed, pace speed, percent in pace speed, and 85th percentile speed. Deliverables: Summarized traffic volume and speed data in tabular and graphical form, for each segment and direction. 2. 3 -DAY SPEED SURVEY WITH PNEUMATIC TUBES — Shall be measured and paid for by each 3 -day period of data collection requested per segment. Data shall be collected using pneumatic tubes from midnight to midnight on a Tuesday, Wednesday and Thursday unless noted otherwise. This information will be compiled into a graphical computer -based format, indicating statistical analyses of the average speed, pace speed, percent over posted speed, and 85th percentile speed. Deliverables: Summarized traffic volume and speed data in tabular and graphical form, for each segment and direction. 3. 5 -DAY SPEED SURVEY WITH PNEUMATIC TUBES — Shall be measured and paid for by each 5 -day period of data collection requested per segment. Data shall be collected using pneumatic tubes from midnight to midnight on a Monday, Tuesday, Wednesday, Thursday, and Friday. This information will be compiled into a graphical computer -based format, indicating statistical analyses of the average speed, pace speed, percent over posted speed, and 85th percentile speed. Deliverables: Summarized traffic volume and speed data in tabular and graphical form, for each segment and direction. 4. 7 -DAY SPEED SURVEY WITH PNEUMATIC TUBES — Shall be measured and paid for by each 7 -day period of data collection requested per segment. Data shall be collected using pneumatic tubes from midnight to midnight on seven consecutive days. This information will be compiled into a graphical computer -based format, indicating statistical analyses of the average speed, pace speed, percent over posted speed, and 85th percentile speed. Deliverables: Summarized traffic volume and speed data in tabular and graphical form, for each segment and direction. 5. 3 -DAY AVERAGE DAILY TRAFFIC COUNT - Shall be measured and paid for by each 3 -day period of data collection requested per segment. Data collection shall be from midnight to midnight on a Tuesday, Wednesday and Thursday unless noted otherwise. The count shall include hourly vehicle volumes and vehicle classification in each direction per segment. Deliverables: Summarized traffic volume data in tabular form, for each segment and direction. 6. 5 -DAY AVERAGE DAILY TRAFFIC COUNT - Shall be measured and paid for by each 5 -day period of data collection requested per segment. Data collection shall be from midnight to midnight on a Monday, Tuesday, Wednesday, Thursday, and Friday unless noted otherwise. The count shall include hourly vehicle volumes and vehicle classification in each 4835- 2267 -0361 v1 _ 1 LAC104706083 direction per segment. Deliverables: Summarized traffic volume data in tabular form, for each segment and direction. 7. 7 -DAY AVERAGE DAILY TRAFFIC COUNT - Shall be measured and paid for by each 7 -day period of data collection requested per segment. Data collection shall be from midnight to midnight on seven consecutive days. The count shall include hourly vehicle volumes and vehicle classification in each direction per segment. Deliverables: Summarized traffic volume data in tabular form, for each segment and direction. 8. 3 -DAY ENTERING VOLUME INTERSECTION COUNT — Shall be measured and paid for by each 3 -day period of data collection requested per intersection. Data collection shall be from midnight to midnight on a Tuesday, Wednesday and Thursday unless noted otherwise. The count shall include hourly volumes of vehicles entering the intersection from each approach. Deliverables: Summarized traffic volume data in tabular form, for each intersection. 9. 5 -DAY ENTERING VOLUME INTERSECTION COUNT — Shall be measured and paid for by each 5 -day period of data collection requested per intersection. Data collection shall be from midnight to midnight on a Monday, Tuesday, Wednesday, Thursday, and Friday unless noted otherwise. The count shall include hourly volumes of vehicles entering the intersection from each approach. Deliverables: Summarized traffic volume data in tabular form, for each intersection. 10. 7 -DAY ENTERING VOLUME INTERSECTION COUNT — Shall be measured and paid for by each 7 -day period of data collection requested per intersection. Data collection shall be from midnight to midnight on seven consecutive days. The count shall include hourly volumes of vehicles entering the intersection from each approach. Deliverables: Summarized traffic volume data in tabular form, for each intersection. 11. 2 -HOUR TURNING MOVEMENT COUNT — Shall be measured and paid for by each 2- hour period of data collection requested per intersection (typical requests will be 4 hours per intersection). The count shall include vehicular, pedestrian, and bicycle volumes for each traffic movement from each approach, during each 15- minute period of the 2 hours. The peak hour during each 2 -hour period shall be identified. Deliverables: Summarized traffic volume data in tabular form, for each intersection. 12. 2 -HOUR PEDESTRIAN COUNT — Shall be measured and paid for by each 2 -hour period of data collection requested per intersection (typical requests will be 4 hours per intersection). The count shall include pedestrian volume counts on each crosswalk leg, during each 15- minute period of the 2 hours. The peak hour during each 2 -hour period shall be identified. Deliverables: Summarized pedestrian volume data in tabular form, for each intersection. 13. 2 -HOUR BICYCLE COUNT — Shall be measured and paid for by each 2 -hour period of data collection requested per intersection (typical requests will be 4 hours per intersection). The count shall include bicycle volumes for each traffic movement from each approach, during each 15- minute period of the 2 hours. The peak hour during each 2 -hour period shall be identified. Deliverables: Summarized bicycle volume data in tabular form, for each intersection. 4835 - 2267- 0361v1 -2- LAM04706083 14. SCHOOL PEDESTRIAN CLASSIFICATION COUNTS - Shall be measured and paid for by each intersection. For each intersection subject to the School Pedestrian Classification Count, the Consultant shall collect the vehicle turning movement counts, the number of pedestrians crossing each leg of the intersection classified by age group (school -age or adult), and the number of times adult crossing guards enter the intersection to guide pedestrians if appropriate. The Contractor shall collect data for 2 -hour in the morning commute and 2 -hour in the afternoon commute during each 15- minute period of the 2 hour. Commute time shall be determined by City staff. Deliverables: Summarized pedestrian volume data in tabular form, for each intersection. 15. 3 -DAY MECHANICAL TUBE COUNT - Shall be measured and paid for by each 3 -day period of data collection requested per segment. Data collection shall be from midnight to midnight on a Tuesday, Wednesday and Thursday unless noted otherwise. The count shall include hourly vehicle volumes traveling in each direction per segment, the peak 2 -hours for each AM -PM- Midday, vehicle classification, the average speed, pace speed, percent over posted speed, and 85th percentile speed. Deliverables: Summarized traffic volume and speed data in tabular and graphical form, for each segment and direction. 16. 5 -DAY MECHANICAL TUBE COUNT - Shall be measured and paid for by each 5 -day period of data collection requested per segment. Data shall be collected using pneumatic tubes from midnight to midnight on a Monday, Tuesday, Wednesday, Thursday, and Friday. The count shall include hourly vehicle volumes traveling in each direction per segment, the peak 2 -hours for each AM -PM- Midday, vehicle classification, the average speed, pace speed, percent over posted speed, and 85th percentile speed. Deliverables: Summarized traffic volume and speed data in tabular and graphical form, for each segment and direction. 17. 7 -DAY MECHANICAL TUBE COUNT - Shall be measured and paid for by each 7 -day period of data collection requested per segment. Data collection shall be from midnight to midnight on seven consecutive days. The count shall include hourly vehicle volumes traveling in each direction per segment, the peak 2 -hours for each AM -PM- Midday, vehicle classification, the average speed, pace speed, percent over posted speed, and 85th percentile speed. Deliverables: Summarized traffic volume and speed data in tabular and graphical form, for each segment and direction. 18. Additional Services The need for additional types of traffic data collection services may be required during the term of the contract. The interested consultant shall submit a fee schedule for key staff and equipment which may be directly involved in the works outside of the scope of services above. This fee schedule shall be on an hourly basis. Consultant shall not be entitled to compensation for any Extra Work unless the City authorizes, in writing, the performance of such Extra Work prior to the performance of the work. The City shall not authorize payment for work completed until all field equipment has been removed and the deliverable has been submitted. 4835 - 2267- 0361v1 -3- LAC104706083 All data collection shall be in accordance with the most recent edition of the California Manual on Traffic Control Devices (CA MUTCD), California State Standard, and the California Vehicle Code (CVC). All equipment used for data collection shall be calibrated and certified per the respective requirements mentioned above. The contractor shall submit certification for field technecian who will be collecting the data. The City will contact the firm's designated representative to request work. Deliverables associated with each of the bid items shall be submitted to the City electronically (Excel and PDF format) within fifteen (15) business days of the request date. Raw Data shall also be submitted electronically in Excel format. Any time extension and/or schedule conflict shall be approved by the City Engineer prior All submittal shall follow the sample reports in Exhibit "E ". The City reserves the right to request additional information regarding the data collected. The Contractor is reponsible to provide notes for each site including, the date of the count, weather conditions, street naives, directions, and any observed traffic conditions that may impact the count. The Contractor shall provide a copy of the video for any camera works upon request. 4835 - 2267 -0361 v1 LACk04706083 -4- EXHIBIT "C" MILESTONE SCHEDULE The City will contact the firm's designated representative to request work. Deliverables associated with each of the bid items shall be submitted to the City electronically (Excel and PDF format) within fifteen (15) business days of the request date. Raw Data shall also be submitted electronically in Excel format. Any time extension and/or schedule conflict shall be approved by the City Engineer prior to the beginning of work. 4835 - 2267 -0361 v1 _ 1 LACk04706083 EXHIBIT "D" PAYMENT SCHEDULE Payment shall be due according to the below payment schedule: Item No Type of Count Unit Price Cost 1 2to4 5+ 1 Radar Speed Survey (2 -Hour) $300 $250 $175 2 3 -Dav Speed Survev with Pneumatic Tubes $300 $90 $75 3 5 -Day Speed Survey with Pneumatic Tubes $350 $150 $115 4 7 -Day Speed Survey with Pneumatic Tubes $400 $225 $175 5 3 -Day Average Daily Traffic Count $300 $90 $75 6 5 -Day Average Daily Traffic Count $350 $150 $115 7 7 -Day Average Daily Traffic Count $400 $225 $160 8 3 -Day Entering Volume Intersection Count $360 $300 $275 9 5 -Day Entering Volume Intersection Count $600 $500 $475 10 7 -Day Entering Volume Intersection Count $900 $800 $750 11 2 -Hour Turning Movement Count* $300 $150 $110 12 2 -Hour Pedestrian Count $300 $70 $60 13 2 -Hour Bicycle Count $300 $70 $60 14 School Pedestrian Classification Counts $320 $170 $140 15 3 -Day Mechanical Tube Counts $300 $100 $90 16 5- Day Mechanical Tube Counts $350 $175 $130 17 7- Day Mechanical Tube Counts $400 $275 $225 *All Turning Movement Counts will automatically include both pedestrian and bicycle counts at no additional cost Per Article 4 Section D, CONTRACTOR shall be responsible for all costs and expenses incident to the performance of services for CITY, including but not limited to, all costs of equipment used or provided by CONTRACTOR, all fees, fines, licenses, traffic control, bonds or taxes required of or imposed against CONTRACTOR and all other of CONTRACTOR's costs of doing business. The CONTRACTOR shall submit a progress payment on a monthly basis within 10 business days of the last working day of that month. The invoice shall include the following information at the minimum; the quantity, the bid item description, the unit cost, cost extension, billed to -date cost for each bid items. 4835 - 2267- 0361v1 LAM04706083 EXHIBIT "E" SAMPLE REPORT 4835 - 2267- 0361v1 LACk04706083 www.idaxdata.com Project Manager: (415) 310 -6469 project.manager.ca @idaxdata.com 10TH ST S STS ■ Cate: 10/03/2017 N Peak Hour Count Period: 4:00 PM to 6:00 PM Peak Hour: 4:30 PM to 5:30 PM ol. � I ` U) QQ x J 1 SST :� :�►' 0 53 1 4-- 144 21 0 'J o L 0 18 230 212 X197 TEV: 835 PHF: 0.99 p -� • • O O 7 "'•. °o `" c-4 oo �"' 0 Ss T O LJ! F HV %: 1 �! 17 vI PHr I w M N ES F 0.4% 0.88 O �- r WB NB F 0.0% 1.7% 0.91 • 0.90 I �oo SB - - 010 I o TOTAL 1.0% 0.99 Two -Hour Count Summaries Interval S ST S ST 10TH ST 10TH ST 1 Rolling Start Eastbound Westbound Northbound Southbound Total Totai One Hour LIT LT TH RT LIT LT TH RT LIT LT TH RT LIT LT TH RT 4:00 PM 0 4 33 0 0 0 35 11 0 1 53 3 0 0 0 0 140 0 4:15 PM 0 3 41 0 0 1 34 14 0 3 71 5 0 0 0 0 172 0 : UK - -0 4 106,: T 3 Y3 0 ' - 0 °0 0: 205 0 728 I 4:45 PIVI_ 0 4 44 0 _ 0 0. 33 -11 5:00 Fm 0 °6 54 0 0 0: 38 11 0 9 87 4 0 0 0 0_ 209 797 5:15 PM 0 5 60 0 0 0 38 16 0 5 77 9 0 0 0 0 210 835 5:30 PM 0 4 50 0 0 0 33 13 0 3 80 6 0 0 0 0 189 813 5:45 PM 1 0 2 36 0 0 0 31 9 0 2 108 9 0 0 0 0 197 805 Count Total 1 0 31 372 0 0 1 277 100 0 29 675 48 0 0 o o 1,533 0 All 0 18 '212 0 0 0 144 53 0 20 363 .25. 0 0 0 0 835 0 HourHV 0 0 1 0 0 0 0 0 0 0 6 1 0 0 0 0 8 0 Hour HV% 0% 0% 0% 0% 0 %, 2% 4% - - 1% 0 Note: Two -hour count summary volumes include heavy vehicles but exclude bicycles in overall count. Interval Heavy Vehicle Totals Bicycles Pedestrians (Crossing Leg) EB WB NB SB Total EB WB NB SB Total East West North South Total Start 4:00 PM 0 1 0 0 1 0 0 1 0 1 6 5 8 7 26 4:15 PM 0 0 2 0 2 1_2 I 0 4 2 5 2 5 14 '� -2 PM 0 0 2 0 3 1 0 0 4J 9 7 5 3 24 I4:45 5:00 PM 0 0 2 0 2 0 3 0 0 3 4 9 8 8 29 5:15 PM 0 0 0 0 0 2 0 0 0 2 7 9 6 0 22 5:30 PM 0 0 1 0 1 6 0 4 0 10 6 2 1 5 14 5:45 PM 1 0 0 0 1 0 1 1 0 2 5 7 2 1 15 Count Total 2 1 10 0 13 15 7 9 1 32 45 50 34 35 164 Peak Hour 1 0 7 0 8 8 4 2 1 15 26 31 21 17 95 Project Manager: (415) 310 -6469 project.manager.ca @idaxdata.com IDAX RADAR SAMPLE SPEED SURVEY ROADWAY SURVEYED: Alamo Drive FILE NAME: ? SURVEY LIMITS: Vanden - Nut Tree Rd DIRECTION OF TRAVEL: Westbuond OBSERVER: Brendan Clarke SURVEY DATE: 10/15/07 SURVEY TIME: 11:30 -12:00 SURVEY DAY: Monday ROADWAY TYPE: Arterial CENTER DIVIDER: Dashed Yellow Line ROADWAY WIDTH: 32' LANES: Two vehicle lane in each direction I ROADSIDE DEVELOPMENT: Residential on north and south side CRITICAL SPEED PACE SPEED I (85TH PERCENTILE) 50TH PERCENTILE SPEED 27 MPH TO 36 MPH I Below Pace In Pace Above P ace 41 MPH 34 MPH . 1.8% 60.6% 37.6% PRIMA FACIE SPEED LIMIT EXISTING SPEED LIMIT PROPOSED SPEED LIMIT I 25 MPH 40 MPH 50 MPH I 0.0% COMPLYING 84.4% COMPLYING PROJECTED COMPLIANCE 100.0% COLLISION SPEED COLLISION RATES DAILY LEND I H HISTORY RELATED THIS STREET COMPARABLE STREET I TRAFFIC (IN FEET) (2 YEAR) COLLISIONS I 7,120 5,000 12 2 2.44 (APMVM) vs. 0.00 (APMVM) 11-1N i Si 1AL CONDITIONS: None iRECOMMENDED SPEED LIMIT: ? MPH I SPEED ZONE LIMITS: ? (APPROVED BY: LICENSED CIVIL ENGINEER DATE: I PERCENT OF TOTAL OBSERVATIONS 0 10 20 FREQUENCY CUMULATIVE # % # % < 16 0 0.0% 0 0.0% IX 16 - 17 0 0.0% 0 0.0% 18 - 19 0 0.0% 0 0.0% O 20 - 21 0 0.0% 0 0.0% = 22 - 23 0 0.0% 0 0.0% IX 24 - 25 0 0.0% 0 0.0% d 26 27 XXXX) XX 8 7.3% 8 7.3% U) 28 29 XXXX> XXXX) X 12 11.0% 20 18.3% W 30 31 XXXX> XXXX> XXXX 15 13.8% 35 32.1% 32 33 XXXX> XXXX) XXXX) 16 14.7% 51 46.8% 34 35 XXXX) XXX 9 Z 8.3% 60 55.0% 36 37 XXXX> XXXX) X 12 11.0% 72 66.1% 38 39 XXXX> XXXX) X 12 W 11.0% 84 77.1% W 40 - 41 XXXX> XXXX 10 9.2% 94 86.2% i- 42 - 43 XXX)) XXX 9 N 8.3% 103 94.5% 44 - 45 XXX 3 2.8% 106 97.2% > 45 XXX 3 2.8% 109 100.0% I HEREBY ATTEST THAT THE FOREGOING IS A TRUE AND CORRECT COPY OF THE ORIGINAL DOCUMENT ON FILE IN THE PUBLIC WORKS DEPARTMENT OF THE CITY OF VACAVILLE, DATED: BY: TITLE: CITY TRAFFIC ENGINEER www.idaxdata.com Two-Hour Count Summaries - Heavy Vehicles S ST S ST 10TH ST 10TH ST Interval Start 15-min Total Rolling One Hour Eastbound Westbound Northbound Southbound UT LT TH RT UT LT TH RT UT LT TH RT UT LT TH RT 4:00 PM 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 1 4:15 PM 0 0 0 0 0 0 0 0 0 0 2 0 0 0 0 0 2 0 7 Wiffip—. M - _ -� ==, 2 Wpg�.g4 RENOWN -1 - _0 M NEZ =11 a OWNSIAW-1-Mr.0—AINA 2i2F;; 'L-ME-11!t--ce�� REW-V 0 0 0 0 0 4:46 PM 0 0 0 0 0___0 2 0 0 0 0 2 9 5:00 PM 0 0 0 0 0 0 0 0 0 0 2 0 0 0 0 0 2 10 6:15 PM 0 0 0 0 0 0 0 0 0 0 0 a 0 0 0 0 0 8 5:30 PM 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 1 5 5:45 PM 0 0 1 0 0 0 0 —1 0 0 0 0 0 1 0 0 0 0 1 1 1 4 Count Total 0 0 2 0 0 0 0 0 0 9 1 0 0 0 0 13 0 Peak Hour 0 0 1 0 0 0 .0 0 0 0 6 1 0 0 0 0 8 0 Two-Hour Count Summaries - Bikes -5 ST S ST 10TH ST 10TH ST Interval 16-min Rolling Start Eastbound Westbound Northbound Southbound Total One Hour I LT TH RT LT TH RT LT TH RT LT TH RT 4-.00 PM 0 0 0 0 0 0 0 1 0 0 0 0 1 0 4:15 PM 0 1 0 0 2. 0 0 1 0 0 0 0 4 0 01:10 N 0 4:45 PM 0 3 0 0' 1 0 0 0 0 0 0 0 4 15 6:00 PM .0 0 0 0 3 0 0 0 0 0 0 3 17 6:15 PM 0 2 0 0 0 0 0 0 0 0 0 0 2 16 5:30 PM 1 5 0 0 0 0 0 4 0 0 0 0 10 19 5:45 PM 0 0 0 0 1 0 0 1 0 0 0 0 2 17 Count Total 1 13 1 0 7 0 0 a I :T 0 0 E:J 32 0 Peak Hour:. .0 7 1 A 4 0 0 1 1. 0 0 1 is 0 Note: U-Tum volumes for bikes are included in Left-Turn, if any. 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