Professional Services Contract – PROFESSI ONAL TRAFFIC COUNTS COLLECTION SERVICES – PROJECT NO. SEB-23-005
(Updated 10/18/23)
PROFESSI
ONAL SERVICES CONTRACT
THIS CONTRACT is entered into this day of 2024, between the CITY OF STOCKTON, a munici pal corporation (“City”), and QUALITY COUNTS, LLC whose address is 2455 BATES AVENUE, SUITE C, CONCORD, CA 94520 (“Consultant”) for the PROFESSIONAL TRAFFIC COUNTS COLLECTION SERVICES (PROJECT NO. SEB-23-004), hereinafter referred to as "Project".
RECITALS
A. Consultant represents that it is licensed in the State of California and is qualified to provide the services proposed in the SCOPE OF WORK section of this Contract.
B. City finds it necessary and advisable to use the services of the Consultant for the purposes provided in this Contract.
NOW THEREFORE , in consideration of the mu tual promises, covenants, and conditions in this Contract, City and Consultant agree as follows:
1. SCOPE OF SERVICES. Subject to the terms and conditions set forth in this Contract, Consultant shall undertake and complete the services described in Exhibit A. Consultant shall provide said services at the time, place, and in the manner specified in Exhibit A and compatible with the standards of the profession. Consultant agrees that it shall produce a fully complete project that is acceptable to the City.
2. COMPENSATION. City shall pay Consultant for services outlined in Exhibit A according to the fee not to exceed the schedule detailed in Exhibit B, which is attached to this Contract and incorporated by this refer ence. Consultant agrees this fee is for full remuneration for performing all services and furnishing all staffing and materials called for in the scope of services. The payments shall be made on a monthly basis upon receipt and approval of Consultant’s invoice. Total compensation for services and reimbursement for costs shall not exceed $191,980.00 or as otherwise mutually agreed to in a Contract Amendment.
3. INSURANCE. During the term of this Contract, Consultant shall maintain in full force and effect at its own cost and expens e the insurance coverage as set forth in the attached Exhibit C and shall otherwise comply with the other provisions of Exhibit C.
4. INDEMNITY AND HOLD HARMLESS. Pursuant to the full language of California Civil Code §2782, design Professiona l agrees to indemnify, including the cost
ATTACHMENT A
Professional Services Contract – PROFESSI ONAL TRAFFIC COUNTS COLLECTION SERVICES – PROJECT NO. SEB-23-005
(Updated 10/18/23)
to defend, City of Stockton and its officers, officials, employees, and volunteers from and against any and all claims, demands, costs, or liabi lity that arise out of, or pertain to, or relate to the negligence, recklessness, or willful misconduct of Design Professional and its employees or agents in the performance of services under this contract, but this indemnity does not apply to liability for damages arising from the sole negligence, active negligence, or willful acts of the City of Stockton; and does not apply to any passive negligence of the City of St ockton unless caused at least in part by the Design Professional. The City of Stockton agrees that in no event shall the cost to defend charged to the Design Professional exceed that prof essional’s proportionate percentage of fault.
This duty to indemnify shall not be waived or modified by contractual agreement or acts of the parties.
5. SCHEDULE AND TERM. Consultant shall perform the scope of work as described in Exhibit A according to the schedule detailed in Exhibit A, which is attached to this Contract and incorporated by this reference. This Contract shall commence on the date written above and shall expire on April 30, 2027 , unless extended by mutual agreement through the issuance of a Contract Amendment. a. Invoices submitted by Consultant to City must contain a brief description of work performed, time used, and include the City project number. Payment shall be made within thirty (30) days of approval of invoice by City. b. Upon completion of work and acceptance by City, Consultant shall have sixty (60) days in which to submit final invoicing for payment. An extension may be granted by City upon receiving a written request thirty (30) days in advance of said time limitat ion. City shall have no obligation or liability to pay any invoice for work performed whic h Consultant fails or neglects to submit within sixty (60) days, or any extension thereof granted by the City, after work is accepted by City.
6. CONFORMANCE TO APPLICABLE LAWS. Consultant shall comply with all applicable federal, State, and Municipal laws, rules, and ordinances. Consultant shall not discriminate in the employme nt of persons or in the prov ision of services under this Contract on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.
a. TITLE VI
Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the ben
efits o f, or be subjected to
discrimination under any pr ogram or activity receiving federal financial assistance.” (42 USC Section 2000d).
http://www.dol.gov/oasam/regs/statutes/titlevi.htm .
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Professional Services Contract – PROFESSI ONAL TRAFFIC COUNTS COLLECTION SERVICES – PROJECT NO. SEB-23-005
(Updated 10/18/23)
The City of Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source. b. DISCRIMINATION AND HA
RASSMENT POLICY
The City of Stockton has a Discrimination and Harass
ment Policy (Exhibit
D). The purpose of this policy is to reaffirm the City’s commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace, to define the types of behavior and conduct prohibited by this policy, and to set forth a procedure for reporting, investigat ing, and resolving complaints of discrimination and harassment in the workplace.
c. LABOR STANDARDS PROVISIO NS/CALIFORNIA LABOR CODE
The bidder shall understand that conditions set forth i n Chapter 1, Part 7,
Division 2 of the California Labor C ode shall be considered part of the contract
agreement. https://leginfo.legislature.ca.gov/faces/codes_displayText.xht ml?lawCode=LAB&division=2.&title=&part=7.&chapter=1.&article=2. d. PREVAILING WAGE RATES
Consultant and any subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relatio
ns of the State of California has
determined the general prevailing rate s of wages and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar pur poses applicable to the work to be done. Consultant performing the work under this contract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor. As the wage determi nation for each craft reflects an expiration date, it shall be the prime Consultant and each subcontractor's responsibility to ensure that the prevailing wage rates of concern is current and paid to the employee.
i. The Consultant performing the work shall be responsible for obtaining a copy of the State wage rate det ermination. State wage rates may be obtained at
http://www.dir.ca.gov/OPRL/pwd/Determinations/Northern/Northern.p df. The Consultant shall be responsible for posting said wage rates at
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Professional Services Contract – PROFESSI ONAL TRAFFIC COUNTS COLLECTION SERVICES – PROJECT NO. SEB-23-005
(Updated 10/18/23)
a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work.
ii. Should the Consultant choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the Consultant shall reimburse the City the actual co st of engineering, inspection, superintendence, and or other overhead expenses which are directly chargeable to the contract. Should such work be undertaken at the request of the City, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the State of Califo rnia. To forfeit as a penalty to City the sum of TWENTY-FIVE A ND NO/100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by CONTRACTOR, or by any subcontractor under Consultant, in the execution of this contract, for each calendar day during which any laborer, worker, or mechanic is required or permitted to work mo re than eight (8) hours and who is not paid the general prevailing rate of per diem wages for holiday and overtime work in violation of the pr ovisions of Sections 1770 to 1781 of the Labor Code of the St ate of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract. iii. PAYROLL RECORDS - The Consultant to whom the contract is awarded shall ensure that the prim e and each subcontractor will, in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Public Works Department, Attention: Contract Compliance Officer. It shall be the Consultant’s responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.
iv. APPRENTICESHIP STANDARDS - The Consultant shall comply with the provisions established in Section 1777.5 of the Labor Code concerning the 1) ce rtified approval by local joint apprenticeship committees for the employment and training of apprentices, and 2) contribution of funds to admin ister and conduct apprenticeship programs, if applicable to the job.
e. SANCTIONS
Deliverables must conform with all applicable federal, state, and loc al laws.
Such conformity includes compliance with federal sanctions, and Contractor
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Professional Services Contract – PROFESSI ONAL TRAFFIC COUNTS COLLECTION SERVICES – PROJECT NO. SEB-23-005
(Updated 10/18/23)
certifies that it has not and will not engage in prohi bited transactions with sanctioned persons or entities.
7. RIGHTS AND DUTIES OF CITY. City shall make available to Consultant all data and information in the possession of City which both parties deem necessary to complete the work, and City shall actively ai d and assist Consultant in obtaining such information as may be deemed necessary from other agencies and individuals.
8. OBLIGATIONS OF CONSULTANT. Throughout the term of this Contract, Consultant represents and warrant s that it has or will have at the time this Contract is executed, all licenses, permits , qualifications, insurance, and approvals of whatsoever nature which are legally requir ed for the Consultant to pr actice its professions, and Consultant shall, at its own cost and expense, keep in effect during the life of this Contract all such licenses, permits, qualifications, insurance, and approvals. Consultant shall meet with the Public Works Director or other personnel of City or third parties as necessary on all matters connected with the carrying out of Consultant’s services. Such meetings shall be held at the request of either party hereto. Consultant further warrants that it will follow the best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations , and provide professional advice and recommendations regarding this project.
9. OWNERSHIP OF WORK. All reports, drawings, designs, plan review comments, work product, and all other document s completed or partially completed by Consultant in the performance of this Contract shall become and remain the property of the City. Any and all copyrightable subject ma tter in all materials is hereby assigned to the City and the Consultant agrees to exec ute any additional do cuments that may be necessary to evidence such assignment. All materials shall be delivered to the City upon completion or termination of the work under this Contract. If any materials are lost, damaged, or destroyed before final delivery to the City, the Consultant shall replace them at its own expense. Consultant shall keep materials confidential. Materials shall not be used for purposes other than performance of services under this Contract and shall not be disclosed to anyone not connected with these services unless the City expressly provides prior written consent.
10. CONTRACT AMENDMENTS. City reserves the right to make such alterations as may be deemed necessary or advisable and to require such extra work as may be required for the proper completion of the work contemplated by Consultant. Any such changes will be set forth in a Contract Amendment which will specify, in addition to the work done in connection with the change made, adjustment of contract time, if any, and the basis of compensation for such work. A Contract Amendment will not become effective until approved by the authorized City official.
11. T
ERMINATION. The City may terminate this Contract at any time by mailing a notice in writing to Consultant. The Contract shall then be deemed terminated and no
ATTACHMENT A
Professional Services Contract – PROFESSI ONAL TRAFFIC COUNTS COLLECTION SERVICES – PROJECT NO. SEB-23-005
(Updated 10/18/23)
further work shall be performed by Consultan t. If the Contract is so terminated, the Consultant shall be paid for that percentage of work actually completed at the time the notice of termination is received.
12. CONSULTANT STATUS. In performing the obligat ions set forth in this Contract, Consultant shall have the status of an independent contractor and Consultant shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of Cons ultant are its agents and employees, and are not agents of the City. Subcontractors shall not be recognized as having any direct or contractual relationship with the City. The persons engaged in the work, including employees of subcontractors and suppliers, will be considered employees of Consultant.
The Consultant shall be responsible for the work of subcontractors, which shall be subject to the provisions of this Contract. The Cons ultant is responsible to the City for the acts and omissions of its subcontractors and persons directly or indirectly employed by them. a. If in the performance of this Contra ct any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and control of C onsultant. All terms of employment including hours, wages, working c onditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by Consultant.
i. It is further understood and agreed t hat Consultant must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Consultant’s personnel.
ii. As an independent cont ractor, Consultant he reby indemnifies and holds City harmless from any and all claims that may be made against the City based upon any content ion by any third party that employer-employee relationship exists by reason of this Contract.
13. ASSIGNMENT. Consultant shall not assign, sublet, or transfer this Contract or any interest or obligation in the Contract without the prior writt en consent of the City, and then only upon such terms and conditions as City may set forth in writing. Consultant shall be solely responsible for reimbursing subcontractors.
14. HEADINGS NOT CONTROLLING. Headings used in the Contract are for reference purposes only and shall not be considered in construing this Contract. //
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ATTACHMENT A
Professional Services Contract – PROFESSI ONAL TRAFFIC COUNTS COLLECTION SERVICES – PROJECT NO. SEB-23-005
(Updated 10/18/23)
15. NOTICES. Any and all notices herein require d shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed as follows:
To Consultant: Quality Counts, LLC To City: Public Works Director City of Stockton
22 E. Weber Ave., Rm. 301
2455 Bates Avenue
Suite C
Concord, CA 94520
Stockton, CA 95202
16. LICENSES, CERTIFICATIONS, AND PERMITS. Prior to the City’s execution of this Contract and prior to t he Consultant’s engaging in any operation or activity set forth in this Contract, Consulta nt shall obtain a City of Stockton business license, which must be kept in effect duri ng the term of this Co ntract. Consultant covenants that it has obtained al l certificates, licenses, permits and the like required to perform the services under this Contract.
17. RECORDS AND AUDITS. City reserves the right to periodically audit all charges made by Consultant to City for serv ices under this Contract. Upon request, Consultant agrees to furnish City, or a designated representat ive, with necessary information and assistance.
Consultant agrees that City or its delegate shall have the right to review, obtain, and copy all records pertaining to performance of the Contract. Consultant agrees to provide City or its delegate with any relevant informati on requested, and shall permit City or its delegate access to its prem ises, upon reasonable notice, dur ing normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purposes of determining compliance wit h this Contract. Consultant agrees to maintain such records for a period of three years from the date that final payment is made.
18. CONFIDENTIALITY. Consultant shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City reports, information or conclusions.
19. CONFLICTS OF INTEREST. Consultant covenants that other than this Contract, Consultant has no financial interest with any official, employee, or other representative of the City. Consultant and its principals do not have any financial interest in real property, sources of income or in vestment that would be affected in any manner or degree by the performance of Consultant’s services under this Contract. If such an interest arises, Consultant will immediately notify City.
20. WAIVER. In the event either City or C onsultant at any time waive any breach of this Contract by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Contract, whether of the same or of any other covenant, condition, or obligation.
ATTACHMENT A
Professional Services Contract – PROFESSI ONAL TRAFFIC COUNTS COLLECTION SERVICES – PROJECT NO. SEB-23-005
(Updated 10/18/23)
21. GOVERNING LAW. California law shall govern any legal action pursuant to this Agreement with venue for all claims in the Superior Court of the County of San Joaquin, Stockton Branch or, where applicable, in the federal District Court of California, Eastern District, Sacramento Division.
22. NO PERSONAL LIABILITY. No official or employee of City shall be personally liable to Consultant in the event of any default or breach by City or for any amount due Consultant.
23. INTEGRATION AND MODIFICATION. The response by Consultant to the Request for Proposals and the Request for Proposals on file with the City Clerk are hereby incorporated herein by reference to the extent that such documents do not differ from the provisions and terms of this Contract that shall supersede such response to Request for Proposals. This Contract represents the entire integrated agreement between Consultant and City, supersedes all prior negotiations, representations, or agreements, either written or oral, between the parties, and may be am ended only by written instrument signed by Consultant and City. All exhibits and this contract are intended to be construed as a single document. Should any inconsistency o ccur between the specific terms of this Contract and the attached exhibits, the terms of this Contract will prevail.
24. SEVERABILITY. The provisions of this Contract are severable to the extent that should any of its provisions or terms be declared void in whole or in part by operation of law or agreement of the parties, the remainder of the provisions or terms not expressly declared void shall remain enforceable and in full effect.
25. THIRD PARTY RIGHTS. Nothing in this Contract shall be construed to give any rights or benefits to anyone other than City and Consultant. //
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ATTACHMENT A
ATTACHMENT A
CITY OF STOCKTON | PROFESSIONAL TRAFFIC COUNT SERVICES
2 Tube Counts
Volume, speed, and classification data is generally
collected to determine the number of vehicles traveling at a given location, their classification breakout based on the 13-class FHWA scheme, and their speeds based on a
prescribed set of speed bins (typically in five or ten MPH increments). This service is applicable to Bid Items 1-4 in Attachment A.
Field Work Practices
Using predetermined set-up locations, Field Technicians will install tube counter equipment according to
manufacturer specifications and QC policies for each
collection device. Such parameters include but are not
limited to synchronizing device clocks, ensuring proper tube spacing, setting classification bins, entering station information, performing test calibration counts, and
properly securing all devices. After the tubes and counter have been installed and programmed, the Field Technician performs a manual test count as an initial QA/QC step. By comparing hits registered to the actual number of cars
passing over a set of tubes, Field Technicians can
determine whether the device is collecting accurate data.
At every location, Field Technicians are tasked with
completing field data sheets with any requested site data.
These data sheets include:
• A detailed diagram of the count location
• Tube labeling by port number on the traffic
counter
• Tube layout diagram and spacing measurements
• Directionality of traffic flow over the tubes, per
each lane of traffic collected
• Weather and environmental notes
• GPS coordinates of the collection device
• Land use observations and nearby addresses
• The presence of traffic control devices
Data Processing
Before processing pneumatic tube data, all counters are collected from the field and downloaded using computers equipped with counter data processing software called
TraxPro. The software converts the data from traffic
counting devices into a variety of file formats. During the download process, the software analyzes the quality of
data collected by displaying the exact timestamps of air pulses detected by each sensor. If the data shows no
apparent anomalies such as missing air pulses or record gaps, the count files are sent to our Data Processing Team.
The Data Processing Team digs deeper into each file to
look for data issues such as high unclassified percentages, unusual class distributions, and vehicle dips or spikes.
QA/QC Procedures
QC’s Data Processing Technicians are trained to compare count data to expected conditions and identify potential malfunctions, such as consecutive periods with zero
volumes, high percentages of unclassed vehicles, and
sudden shifts in class distributions during specific
intervals. This team has processed tens of thousands of tube counts, and their specialization provides an
unmatched level of expertise in identifying problematic or inaccurate data. In addition to thorough manual checks, all counts are screened by QC’s proprietary Tube Flags
system, which searches for 20 common data issues. These flags have been adopted to meet standards developed
from years of experience with agencies across the
country. Any data not successfully captured is not billed.
We will provide notification of any errors and will
immediately reattempt collection.
Data Compilation and Submittal
Data will be delivered in Excel spreadsheet, PDF, TF2, or any other common file type. Reports may be in five, 15, or 60-minute intervals. All data will be collected and
delivered directionally per facility. Per vehicle data reports may also be provided as needed. Data will also be
uploaded to your instance of DataPoint.
EXHIBIT A
ATTACHMENT A
CITY OF STOCKTON | PROFESSIONAL TRAFFIC COUNT SERVICES
3 Video Counts
Video-based counts may be taken at intersections, mid-
blocks, driveways, or other pathway locations and will be by movement and direction. Data collection will
encompass all possible movements regardless of any
traffic control devices that are present. This service is applicable to Bid Items 6-11 in Attachment A.
Field Work Practices
When conducting field work for TMCs, QC Field
Technicians mount cameras to traffic signal poles or street signs in opposing corners of count locations as necessary.
Cameras are set up to record an unobstructed view of all vehicles, pedestrians, and cyclists. As an initial step in the QA/QC process, Field Technicians observe vehicles, cyclists, and pedestrians making all possible movements to verify that the site is fully within the camera’s field of observation.
Approaches are also captured to allow for upstream traffic reporting; this includes queues, unusual traffic behavior, and accidents.
At every location, Field Technicians are tasked with
completing field data sheets with any requested site data.
These data sheets include:
• A detailed map of the count location, including per
lane movement diagrams
• Weather and environmental notes
• GPS coordinates of the collection device
• Land use observations and nearby addresses
• The presence of traffic control devices
• Posted speed limits
• The presence of nearby construction or incidents
Data Processing
The equipment is collected from the field after the survey period has ended. All video is transferred through the
cloud to our Video Processing Center in Tampa, FL. The
quality of the video footage is reviewed by Video
Processing Technicians who provide detailed feedback on camera angles and field conditions, and then verify the exact movements and approaches to process. They then
manually, or with the use of DataLens, process vehicle
volumes, classifications, pedestrians, cyclists, and other data with at least 98% accuracy. To ensure this level of accuracy is met, multiple Technicians are used for high- volume locations or for counts requiring complex vehicle classification schemes. Technicians can also slow down
and speed up playback based on traffic throughput of
each count interval.
DataLens
QC’s DataLens AI was developed to tabulate traffic
volumes and classification data for intersections and
segments. This application will allow us to provide high quality data in a fraction of the time that it takes to manually process a count. DataLens utilizes machine
learning algorithms to accurately classify vehicles, cyclists, and pedestrians. The application was designed to allow for future feature development based on the needs of our
agency partners.
QA/QC Procedures
After the data is reduced from the video, QC’s proprietary MERLIN QA/QC software runs comparative checks on
every interval of data for every movement among a set of locations. Data anomalies are flagged and recounted for validation. A QA/QC report is generated and sent to the data requestor that details every flag and our findings from any recounts. These notes may include details of
volume variances among intersections with possible
causes of volume inconsistencies, time-stamped illegal
movements, special events such as train crossings,
confirmation of severe dips or spikes in volumes, notes of accidents or weather events, and any other details
deemed relevant to data interpretation and analysis.
If historical data is available, Video Processing Technicians will compare it to newly collected data to ensure that it falls within a reasonable growth range. Processed data is further subject to strict internal quality control tests conducted by senior Video Processing Center staff. This includes a test count of three randomly selected,
consecutive five-minute intervals per peak period.
Data Compilation and Submittal
Final data and diagrams will be provided as Excels, PDFs, shapefiles, CSVs, PPDs, or any other common format. Data will also be uploaded to your instance of DataPoint.
EXHIBIT A
ATTACHMENT A
CITY OF STOCKTON | PROFESSIONAL TRAFFIC COUNT SERVICES
4 Spot Speed Data
Spot speed data is collected to determine the free flow speed of vehicles, typically a single vehicle or platoon- leading vehicles. This service is applicable to Bid Item 5 in Attachment A.
Equipment & Accuracy
LiDAR units deliver high performance and unmatched
accuracy compared to everyday radar detection units. Our ProLaser devices collect per vehicle spot speed data with an accuracy level of +/- 1 MPH and an acquisition time of only .3 seconds. The devices are designed specifically for easy roadside use in any weather conditions without
sacrificing accuracy.
Field Work Practices
Our team will use LiDAR speed detection units to collect spot speed data on freely flowing roadways. Field
Technicians deployed to the survey site will select a
collection location so that their equipment and vehicles are as inconspicuous as possible. The LiDAR detection unit will be aimed at vehicles that are either isolated or leading (pacesetting) a platoon of vehicles.
LiDAR will be used to collect speed for the required
number of hours or until an agency-prescribed minimum
number of vehicles has been detected per direction of
travel. Data will be collected directionally. However, per lane data may also be captured if requested. Vehicle
speeds may also be broken out for a particular vehicle
classification bin (e.g. FHWA classes 8-13).
QA/QC Procedures
LiDAR units will be calibrated using a Differential Distance Test (DIF-Test) mode built into the unit. This is
accomplished by setting up two flat, white targets at
known intervals, such as 50 and 75 feet, away from the
person performing the test. The LiDAR unit is pointed
directly at the face of one of the targets while in DIF-Test mode, then adjusted to aim at the other target. The device will use the difference in distance between the two
targets as a way of calculating a simulated MPH. The
device will have achieved a satisfactory calibration check if the reported speed is within +/- 1 of twice the actual
measured target range difference. This process is
repeated before each data collection survey.
Data Processing, Compilation, and Submittal
Our Data Processing Team will enter all recorded per
vehicle data into a table. This table will automatically calculate relevant summary statistics such as median,
mean, pace, highest speed, lowest speed, 50
th percentile
speed, 85th percentile speed, and the percentage of
vehicles above the speed limit. All data will be compiled and delivered per direction or per lane. Additional
tabulations for specific classification bins may also be provided.
Raw speed data will also be shown as individual points in the electronic copy. The final data will be delivered as an Excel spreadsheet, PDF, or any other common file format.
Engineering & Traffic Surveys
Kittelson will perform Engineering and Traffic Surveys
(E&TS) for the locations specified by the City of Stockton.
QC will be responsible for collecting speed data for 100 vehicles in each direction of travel or up to two hours on site. The speed data will be collected during off-peak
(uncongested) hours of weekdays using a calibrated radar gun focused on vehicles that are at free flow conditions with speeds not controlled by other vehicles. The speed data will be processed into two performance measures
that will be used in making recommendations on speed
limits. These performance measures include the 85th
percentile speed and 10 mph pace. The 85th percentile
speed is defined as the speed at or below which 85
percent of the observed “free-flowing” vehicles (not
impeded by traffic congestion) are traveling and the 10- mph pace is defined as the 10-mph range containing the
highest number of vehicles in the study sample data.
In addition to the speed data, Kittelson will be responsible for understanding collision history for the study locations.
The collision history at the study roadways will be
The ProLaser LiDAR device is used to detect vehicle
speeds with an accuracy level of +/- 1 MPH.
EXHIBIT A
ATTACHMENT A
CITY OF STOCKTON | PROFESSIONAL TRAFFIC COUNT SERVICES
5 obtained from the Statewide Integrated Traffic Records System (SWTRS) for the most recent two full years of data.
The number of collisions and crash types will be used in determining the speed limit recommendations.
Speed limit recommendations will be provided for each
location analyzed based on the 85th percentile speed, the 10-mph pace speed, review of land use and special
pedestrian generators in the vicinity, collision history and the requirements of the CVC and the California Manual for Uniform Traffic Control Devices (MUTCD). This service is applicable to Bid Item 5 in Attachment A.
Traffic Index Calculations
Traffic Index (TI) calculations will begin with data
collection using tube counts to collect vehicle classification data for the roadways selected for analysis by the City of Stockton. The collected data will be reviewed by Kittelson to look for any abnormalities as part of a QA/QC process.
If errors are discovered, Kittelson will work with QC to recollect the data.
Once the vehicle classification data has been finalized, Kittelson will perform the traffic TI calculations based on the equations in the Caltrans Highway Design Manual.
Kittelson will work with the City to determine the required design life of the pavement and to determine whether a
growth factor will be applied and how much at each
location. This service is applicable to Bid Item 12 in
Attachment A.
Delivery
All data collected as part of this contract will be delivered in a tabulated form, (Excel and PDF), as well as through our traffic count management system, DataPoint.
DataPoint is a tool for traffic engineering and planning departments that connects all of your traffic data
automatically and then performs analysis on that data.
The cloud-based platform provides data visualizations in a GIS map that is easy to search, easy to view, and easy to understand. This Traffic Data Management System allows
for one-click downloads of individual counts, a batch of counts, or all of the data within your department’s
DataPoint ecosystem. This includes intersection data,
turning movement counts, volume/class/speed data, and
bicycle/pedestrian counts.
Additionally, QC will provide the City with raw electronic data files in Excel format. Each ATR count will include the two days separately, plus the average of the two days. The certified radar speed surveys will be conducted following the CVC and current CA MUTCD. Aaron Elias, PE, will sign and stamp the Engineering and Traffic Surveys for
submittal. The TI calculations for each location will also be provided and calculated by Aaron in a bounded report
that will be signed and stamped before submittal.
Schedule
As counts are requested by City staff, QC will provide a schedule consisting of location names, duration of counts, date of counts, estimated cost based on contract
agreement, and completion dates for each order of
counts. QC will submit the schedule one week prior to the week the counts will be collected.
Task Order Schedule
Weeks
1 2 3 4 5 6 7 8
NTP & Kickoff
Project Planning
Tube Count Collection
Data Upload & Review
Data Processing
QA/QC & Compilation
Final Review & Delivery
EXHIBIT A
ATTACHMENT A
Bid Item Description Unit
Estimated
Quantity Unit Cost Total Cost
1 Bi-directional Volume Count (24 hr-
ADT) per ATR, includes two-days
counts and their average
Per ATR 290 $160 $46,400
2 ATR Bi-directional Speed Count per
day Per ATR 10 $120 $1,200
3 ATR Bi-directional Classification
count per day Per ATR 130 $120 $15,600
4 Extra ATR Per Location 1 $50
5 Radar Speed Count, per CVC and
CA MUTCD requirements, including
certification by a registered
professional engineer in California
Per
Survey/Location 55 $830 $45,650
6 Manual Multi-modal Turning
Movement Count (2hr) Peak Per Person 20 $140 $2,800
7 Manual Multi-modal Turning
Movement Count (4hr) Am/Pm Peak Per Person 20 $280 $5,600 8 Manual Multi-modal Turning
Movement Count (6hr) AM/Mid/PM Per Person 20 $380 $7,600 9 Manual Multi-modal Turning
Movement Count (6hr) AM/PM Peak Per Person 20 $380 $7,600 10 Manual Multi-modal Turning
Movement Count (8hrs) AM, Mid &
PM Peak
Per Person 20 $480 $9,600
11 Extra Person Per Person 1 $480
12 Traffic Index per Count Per Location 130 $380 $49,400 Note:
1. Referenced quantities are estimated and not guaranteed.
2. Estimated Quantities subject to
increase if the agreement is
EXHIBIT B
ATTACHMENT A
Grand Total: $191,980
$480
$50
REV 2022‐05‐17
Insurance Requirements
(Traffic Counts SEB-23-004)
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City of Stockton requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Stockton.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance
EXHIBIT C
ATTACHMENT A
REV 2022‐05‐17
(at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.
Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City of Stockton, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.
Umbrella or Excess Policy
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Stockton.
Waiver of Subrogation
Contractor hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
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ATTACHMENT A
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Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City of Stockton.
Verification of Coverage
Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Special Risks or Circumstances
City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Certificate Holder Address
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ATTACHMENT A
REV 2022‐05‐17
The address for mailing certificates, endorsements and notices shall be:
City of Stockton
Its Officers, Officials, Employees, and Volunteers
400 E Main St, 3
rd Floor – HR
Stockton, CA 95202
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