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HomeMy WebLinkAboutC-3092 - Automated Traffic Accident Records SystemI- L-1 44 (3�) July 8, 1996 CITY COUNCIL AGENDA ITEM NO. 11 /BA -001 TO: Mayor and Member of the City Council FROM: Public Works Department SUBJECT: AUTHORIZATION TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT TO CREATE AN AUTOMATED TRAFFIC ACCIDENT RECORDS SYSTEM RECOMMENDATIONS: Authorize the Mayor and City Clerk to execute a professional services agreement for the development of an automated traffic accident records system to Hank Mohle and Associates, in the amount of $102,479. 2. Approve a budget amendment to adjust revenues in the amount of $102,479 to • account number 5200 -4862 to recognize grant funds from the State of California Office of Traffic Safety and appropriate the funds to account number 7014- C5200344, Traffic Accident Records System. DISCUSSION: Last year, Staff submitted a grant application to the State of California Office of Traffic Safety to create an automated traffic accident records system. The City received approval for the grant in the amount of $102,550. The objective of the project is to increase the level of traffic safety in Newport Beach, thereby saving lives and reducing the number of traffic - related accidents by creating an automated system of accident analysis and providing information that allows both enforcement and engineering actions to be taken at the proper high- accident locations. The project also includes a non - motorized traffic flow model which will be developed to address the bicycle, pedestrian, rollerskating, etc. safety issues of the City. In order to proceed with the project, staff recently issued a Request for Proposals (RFPs) for Professional Services to create the automated traffic accident records system. RFPs were mailed to nine firms that would have an interest and experience in this type of project. Two responses to the RFP were received on June 24, 1996. • SUBJECT: AUTHORIZATION TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT TO CREATE AN AUTOMATED TRAFFIC ACCIDENT RECORDS SYSTEM July 8, 1996 Page 2 The proposals were evaluated on the basis of: 1) Proposed methodology; 2) Prior experience in completing similar projects; 3) Willingness and demonstrated ability to perform in a timely manner; and 4) Client references. Beyond the evaluation criteria, the respondents proposed fee for service was factored into consideration. The proposed fee is slightly less than the amount of the grant from the Office of Traffic Safety. Based upon evaluation of the proposals, staff recommends the firm of Hank Mohle & Associates (HMA). HMA successfully demonstrated extensive experience with similar projects, and working within an acceptable time schedule based upon calls to several cities listed as references. In addition to authorization to enter into the professional services agreement, staff is recommending approval of a budget amendment to adjust revenues to recognize the grant funds and appropriate the funds to the project. Respectfully submitted, PUBLIC WORKS DEPARTMENT • a Don Webb, Director By Richard M. Edmonston Transportation and Development Services Manager Attachment: Consultant Agreement • • 1. TERM The Term of this Agreement shall commence on the 15th day of July, 1996, and shall terminate on the 15th day of January, 1998, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall perform the tasks set forth in Exhibit "A ", attached hereto and incorporated herein by this reference. 3. COMPENSATION TO CONSULTANT Consultant shall be compensated for services performed pursuant to this Agreement in the amount and manner set forth in Exhibit "B ", attached hereto and incorporated herein by this reference. The maximum fee shall not exceed $102,479.00. • 4. STANDARD OF CARE • All of the work shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement and that it will perform all services in a manner commensurate with the community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City nor have any contractual relationship with City. The Consultant shall be responsible to City for any errors or omissions in the execution of this Agreement. Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. Consultant further represents and 2 warrants that it shall keep in effect all such licenses, permits and other approvals during • the term of this Agreement. 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an employee of the City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment with City will be acquired by virtue of Consultant's services. None of the benefits provided by City to its employees, including, but not limited to, unemployment insurance, worker's compensation plans, vacation and sick leave, are available from City to Consultant, its employees or agent. Deductions shall not be made for any state or federal taxes, FICA payments, PIERS payments or other purposes normally associated is with an employer - employee relationship from any fees due Consultant. Payments of the above items, if required, are the responsibility of Consultant. 6. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator, and any other agencies which may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the project. 7. PROJECT MANAGER The Consultant shall assign the project to a Project Manager, who shall coordinate all phases of the project. This Project Manager shall be available to the City at all times. The Consultant has designated Hank Mohle to be its Project Manager. • 3 . 8. TIME OF PERFORMANCE The task to be performed by Consultant shall be in accordance with the schedule specified in Exhibit "A ". Consultant shall receive no additional compensation if completion of its obligation under this Agreement requires a time greater than as set forth herein, unless such extension is caused solely by the conduct of the City. Each party hereby agrees to provide timely notice to the other of any violation occurring under this Section and the cause thereof. 9. CITY POLICY Consultant will discuss and review all matters relating to policy and project direction with the Project Administrator in advance of all critical decision points in order to ensure that the project proceeds in a manner consistent with City goals and policies. • 10. CONFORMANCE TO APPLICABLE REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal requirements and be subject to approval of the Project Administrator and City Council. 11. PROGRESS Consultant is responsible to keep the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. • 4 0 0 12. HOLD HARMLESS Consultant agrees to indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, attorneys fees and court costs arising from any and ail negligent actions of Consultant, its employees, agents or subcontracts in the performance of services or work conducted or performed pursuant to this Agreement. Consultant shall indemnify and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' • fees, accruing or resulting to any and all persons, firms or corporations furnishing or • supplying work, services, materials, equipment or supplies arising from or in any manner connected to the Consultant's negligent performance of services or work conducted or performed pursuant to this Agreement. 13. INSURANCE Without limiting consultant's indemnification of City, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to the City. Such policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with the City prior to exercising any right or performing any work pursuant to this Agreement. All insurance policies, with the • 5 0 0 • exception of Professional Errors and Omissions, shall add as additional insured the City, its elected officials, officers and employees for all liability arising from Consultant's services as described herein. Prior to the commencement of any services hereunder, Consultant shall provide to city certificates of insurance from an insurance company certified to do business in the State of California, with original endorsements, and copies of policies, if requested by City, of the following insurance, with Best's Class A7 or better carriers; unless otherwise approved by the City Risk Manager: A. Worker's compensation insurance covering all employees and principals of the Consultant, per the laws of the State of California; B. Commercial general liability insurance covering third party liability • risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this project, or the general aggregate limit shall be twice the occurrence limit; C. Commercial auto liability and property insurance covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. D. Professional errors and omissions insurance which covers the services to be performed in connection with this Agreement in the minimum • amount of One Million Dollars ($1,000,000). 6 0 Said policy or policies shall be endorsed to state that coverage shall not be • suspended, voided nor canceled by either party, or reduced in coverage or in limits except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give to City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, that Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a . waiver of any right of subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any interest in this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of an attempted assignment, hypothecation or transfer. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint • 0 0 venturer or syndicate member or cotenant if Consultant is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint venture. 15. REPORTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. No report, information or other data given to or prepared or assembled by Consultant pursuant to this Agreement shall be made available to any individual or . organization by Consultant without prior approval by City. • Consultant shall, at such time and in such forms as City may require, furnish reports concerning the status of services required under this Agreement. 16. CONFIDENTIALITY The information which results from the services in this Agreement is to be kept confidential unless the release of information is authorized by the City. 17. CITY'S RESPONSIBILITIES City shall furnish to Consultant base maps, existing studies, ordinances, data and other existing information as shall be requested by Consultant and materials in City's possession necessary for Consultant to complete the work contemplated by this I-] Agreement. City further agrees to provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. 18. ADMINISTRATION This Agreement will be administered by the Public Works Department. Richard Edmonston or his designees shall be considered the Project Administrator and shall have the authority to act for the City under this Agreement. The Project Administrator or his authorized representative shall represent the City in all matters pertaining to the services to be rendered pursuant to this Agreement. 19. EXTRA WORK Consultant shall receive compensation for extra work authorized by City in accordance with the schedule of billing rates set forth in Exhibit "B." All extra work must be authorized in writing by the Project Administrator and Consultant shall not be entitled . to extra compensation without authorization. 20. RECORDS Consultant shall keep records and invoices in connection with its work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit and make transcripts or copies of such records. Consultant shall allow inspection of all work, data, documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 9 E 0 21. REIMBURSEMENT FOR EXPENSES Consultant shall not be reimbursed for any expenses unless authorized in writing by City. 22. MONTHLY INVOICES Consultant shall submit invoices to the City on a monthly basis in accordance with Consultant's schedule of fees contained in Exhibit "B" hereof. Each invoice will be itemized. Each invoice shall show the number of hours worked per person /consultant and the nature of the work performed. 23. PAYMENT OF COMPENSATION City shall make payments to Consultant within thirty (30) days of receiving a monthly invoice unless City disputes the amount Consultant claims is owned under this • Agreement. 24. WITHHOLDINGS City may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue its work for a period of thirty (30) days from the date of withholding as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. The determination of the City Manager with respect to such matter shall be final. Consultant shall be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from the date of . withholding of any amounts found to have been improperly withheld. 10 U 25. ERRORS AND OMISSIONS 10 In the event that the Project Administrator determines that the Consultant's negligence, errors or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors or omissions in the plans or contract specifications, Consultant shall reimburse City for the additional expenses incurred by the City including engineering, construction and /or restoration expense. Nothing herein is intended to limit City's rights under any other sections of this Agreement. 26. TEN PERCENT (10 %) WITHHOLDING City may withhold an amount equivalent to ten percent (10 %) of the total 0 compensation provided herein, to be released to Consultant upon final adoption of the study by the Mayor and City Council. The City reserves the right to refuse to pay all • billings requesting amounts in excess of ninety percent (90 %) of the total compensation provided herein until the project is completed and adopted as specified above. 27. NONDISCRIMINATION BY CONSULTANT Consultant represents and agrees that Consultant, its affiliates, subsidiaries or holding companies do not and will not discriminate against any subcontractor, consultant, employee or applicable for employment because of race, religion, color, sex, handicap or national origin. Such nondiscrimination shall include, but not be limited to, the following: employment, upgrading, demotion, transfers, recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. 11 • 0 • 0 28. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with this project. 29. CONFLICTS OF INTEREST A. The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose financial interest that may foreseeable be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. B. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by the City. The Consultant shall indemnify and hold harmless the City for any claims for damages resulting from the Consultant's violation of this Section. 30. SUBCONTRACTING A. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior approval of City. B. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 31. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered 12 • a personally or on the second business day after the deposit thereof in the United States . mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: City of Newport Beach 3300 Newport Boulevard P. O. Box 1768 Newport Beach, CA 92658 -8915 Attention: Richard Edmonston All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Hank Mohle and Associates 901 East Imperial Highway, Suite A La Habra, California 90631 32. TERMINATION i In the event Consultant hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Consultant shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days, or if more than two (2) days are reasonably required to cure the default and Consultant fails to give adequate assurance of due performance within two (2) days after receipt by Consultant from City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, City may terminate the Agreement forthwith by giving to the Consultant written notice thereof. 0 13 • City shall have the option, at its sole discretion and without cause, of terminating this Agreement without cause by giving seven (7) days prior written notice to Consultant as provided herein. Upon termination of this Agreement, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 33. COST OF LITIGATION If any legal action is necessary to enforce any provision hereof or for damages by reason for an alleged breach of any provisions of this Agreement, the prevailing party shall be entitled to receive from the losing party all costs and expenses in such amount as the court may adjudge to be reasonable attorneys' fees. 34. COMPLIANCES . Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 35, WAIVER A waiver by City of any breach of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein whether of the same or a different character. 36. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or sV 9 implied covenant shall be held to vary the provisions hereon. Any modification of this . Agreement will be effective only by written execution signed by both City and Consultant. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY 15 CITY OF NEWPORT BEACH A Municipal Corporation 0 CONSULTANT 0 f:\groups\pubworks\agmt\mohle.doc 7/1/96 • 0 0 Work Plan and Schedule • WORK PLAN AND SCHEDULE HMA has developed numerous traffic accident surveillance and analysis programs such as NB -ASAP. We are confident the required tasks can be accomplished and all required deliverables provided in eighteen (18) months, as depicted on the Project Schedule. Project tasks are described below: Task 1 - Meet with Newport Beach Engineering, Police and GIS Staff HMA will meet with City representatives from Traffic, Police, GIS Services, Public Works, Information Services, Planning and other departments (as necessary) to design specific formats for the following reports output from NB -ASAP: • Accident Intersection Location Ratings by: • Severity • Rate • Frequency • Type of Accident • Accident Link (mid- block) Location Ratings by: • Severity • Rate • Frequency • Type of Accident • Multi -fear Analysis • Trend Analysis • Statistical Significance (upper control limits) Analysis • Intersection Accident Rates • Mid -Block Accident Rates • Number of Accidents 1 EXHIBIT A 0 0 Work Plan and Schedule Microcomputer and printer components to be procured and purchased by HMA for • the City will be specified in this task. Connectivity between NB -ASAP and the City's existing Oracle 7.0 database and Genasys GIS coverage will be explored and a task list generated. Strategic questions include, but are not limited to: Who will use the database? How will they use it? What existing resources can we start with? NNUch departments require access? What information from the accident report will get into the system? How will accidents be displayed on the electronic pin map? Can existing City GIS information be used for collision diagrams? When, where and how often will electronic pin maps be produced? Where will collision diagrams be produced? Large scale collision diagrams? Initial accident information will be imported from existing police department information contained in the City's Oracle 7.0 database. SWITRS data diskettes obtained from the California Highway Patrol, may also be used for accident information input if desired. Because this project involves nonmotorized traffic as well as vehicular traffic, all accidents • relating to bicyclists, pedestrians, skateboarders, etc. must be obtained. Possible sources for these accident records may include the fire department and marine department. If the number of nonmotorized accidents is significant, future collection and consolidation of nonmotorized traffic accidents (i.e. getting the information into the City database effectively and quickly) will be examined. • ra • • W TM I ro Q) N O r L 00 Q) r U O co O (D CD 7 'p d Y NCL v E 0ev U e 0, d 0 0 d a 0 imam U R Q z 0 V d c c 0 V m u R N T R C Q C 0 R OI N _C N N C N r N M tD Co 07 N M i o� a� imam 03mm R d Y d � — O 0 R � O 3 N o m R 0 V O LL V V R W u w O R J Y T c F- L• m ci d 0 o L C � C j = O y V O , c N — — a o a m V d c c 0 V m u R N T R C Q C 0 R OI N _C N N C N r N M tD Co 07 N M i o� a� E Task 2 - Purchase Computer and Peripherals 0 Work Plan and Schedule u Microcomputer and capacity enhancement peripherals and components, as specified by the City in Task 1, will be procured and purchased by HMA and delivered to the City. The scope of computer equipment to be purchased for the City includes a microcomputer workstation and color plotting/printing device (for collision diagrams and electronic pin maps) in the Traffic Engineering Department. Other commercial software deemed necessary for the project and specified by the City in Task 1 (e.g. AutoCAD) will also be purchased during this task. Task 3 - Program Design Meeting with Engineering, Police and GIS Staff HMA will present an analysis of accident record storage and submit recommendations for integrating the NB -ASAP data entry and analysis front end, the Oracle 7.0 database and the Genasys GIS coverage. Specific report and map formats will be presented to the City by HMA for approval or redesign. AutoCAD drawings of City intersection locations, if available, will be provided to HMA for use in the view port section of the collision diagrams. Initial database connectivity issues will be discussed to include the client /server strategies available and required by linking NB -ASAP with the existing Oracle 7.0 database and • Genasys GIS information. This will likely be a one -half day seminar type meeting where all aspects of the data collection, consolidation and output are discussed and a strategic plan is developed. Task 4 - Oracle Development and Connectivity Connectivity issues regarding NB -ASAP and the existing Oracle database will be further examined and explored. HMA will work closely with Information Services during this task to design a connectivity and client -server strategy which will maximize benefits from the existing database and new information available from NB -ASAP. We envision a client/server environment where NB -ASAP connects to the Oracle database via ODBC and SQL requests. NB -ASAP will be developed using Microsoft's Visual Basic and will use the data input and display features specified by the City in task 3. User interface design may begin by examining the interface of other ASAP programs. Sample user interfaces may be found in the attached sample ASAP user manual Ell Work Plan and Schedule • Task 5 - GIS Development and Connectivity Issues concerning the hooks between NB -ASAP and the City's existing GIS system will be further explored and examined. Alternative solutions will be provided to the City for a strategy implementation plan. One implementation strategy consists of allowing workstation users (using NB -ASAP) to select a subset of traffic accident information and then pass this information back to the Genasys GIS server for electronic pin map generation. Other issues to be resolved include how users will view the GIS depiction of queried information on their desktop machine. Ideally, a remote workstation session using the City's existing Reflection X terminal emulation software could display the Genasys GIS view requested by the user. This solution will be evaluated during this task for feasibility, speed, flexibility and open architecture (to allow for the development of future traffic accident analysis modules). Another solution involves developing a desktop view using an OCX extension to VB 4.0 called MapObjects. MapObjects is an OCX recently developed by ESRI (as of the date of this proposal, MapObjects is only available in a pre - release version) which uses a particular GIS entity called a shape file. It is possible to create shape files from converted Genasys data. The practical implementation, usability, and system throughput gain of using MapObjects requires further exploration and may be • examined during this task if the City expresses an interest in this module. Once a strategy and methodology are developed, connectivity between the City's Genasys GIS, Oracle 7.0 database and NB -ASAP will be implemented according to City specifications. 10 Task 6 - NB -ASAP Development After specific report and map formats are approved by City staff, NB -ASAP development will begin. NB -ASAP will be engineered to accommodate the City's design specifications discussed in tasks 1, 3, 4 and 5 and will run on the City's network. The program will integrate all GIS system components (Genasys GIS, Oracle 7.0 database and existing (or created from City GIS coverage) AutoCAD drawings of intersection geometrics) to display accurate traffic accident information. The NB -ASAP system will be designed to be compatible with the C *STARS system outputting information in a flat file (spreadsheet) format for use with other traffic and law enforcement applications. A sample ASAP user guide is enclosed at appendix "A." 5 Work Plan and Schedule NB -ASAP will accept • Local accident information from the City's Oracle 7.0 database • SWITRS diskettes from the California Highway Patrol • Intersection and mid -block count data from the City's count programs • C *STARS ( *.555) files Information will be filtered and integrated into the NB -ASAP environment as specified by the City. We envision users selecting an intersection from a GIS representation of the City's traffic network and viewing traffic accident statistics for that intersection. NB -ASAP will not be GIS dependent. A user may choose from a list of City intersections, enter an intersection's number, or name an intersection by cross streets. We estimate forty -five (45) MegaBytes of Hard Disk space will be required for the NB- ASAP program, AutoCAD Version 13 and associated CAD drawings (.dwg) for collision diagram viewports. The NB -ASAP program will be built as a database front -end (client to the Oracle 7.0 database server). Task 7 - Develop Nonmotorized Traffic Flow Model HMA will develop a nonmotorized traffic flow model of bicyclists, skaters, and pedestrians. Local bicycle shops will be surveyed to determine which shops are selling the most replacement parts, helmets, tires, and repair services. These surveys will be quantified and transformed into GIS information. Once the high usage shops are identified, they will be geocoded into the GIS coverage and analyzed using GIS overlays of population, bicycle shop retail business, peak tourist times, and the City's master bikeway plan. The non - motorized traffic flow model will also incorporate information from local skate shops - the local and neighboring shops will be examined to determine which shops are selling skates, skateboards, protective gear, and replacement parts such as wheels and wheel bearings. Emphasis will be placed on the recent explosion of inline skating ranging from aggressive street skating and street hockey to recreational boardwalk skaters which has added a significant element of danger into the City's transportation safety model. GIS layers of bicyclists, skaters, pedestrians, and motor vehicles will be examined and overlaid to determine how these different transportation modes can be safely mixed. The City's pathways, sidewalks, and boardwalks will be included in the nonmotorized traffic flow model wherever possible. In compliance with the City's RFP, we will use the TRAF- NETSIM traffic flow simulation model to simulate the flow of vehicles, as well as the flow of nonmotorized modes is 0 Work Plan and Schedule . (bicycles, pedestrians, skaters, etc.). This procedure will be accomplished for existing and future conditions, based on existing and projected vehicle and nonmotorized flow volume data. The volume data, as well as capacities of the travel ways of vehicular and nonmotorized flow, will be entered into the TRAF- NETSIM model which will be used to determine bottlenecks in the City's circulation system. Locations where both vehicular and non- motorized bottlenecks occur will be examined more closely as potential conflict areas between vehicles and pedestrian and nonmotorized vehicles. Existing count data will be collected from the City's traffic model or the OCTAM II model. Pedestrian and non- motorized vehicle flow projections will be estimated by studying trends in the expanding number of tourists visiting City beaches and projected changes in demographics. Capacity techniques of nonmotorized vehicle and pedestrian flow will be referenced from Institute of Transportation Engineers (ITE) technical papers. The GTRAF software package will be used to display the simulated traffic flow model, while the results of existing and projected volume, capacity and conflict area information will be sent to the City's Genasys GIS for display. Task 8 - Educational Outreach • HMA will develop an educational outreach program focusing on bicycle riders, pedestrians, joggers, skateboarders and rollerskaters. The community will be involved by distributing key components of the nonmotorized flow model to cyclists, skaters, pedestrians, and motor vehicle drivers who coexist on the public streets, pathways, sidewalks, and boardwalks of Newport Beach. Safety pamphlets will be distributed to the local bicycle and skate shops that participated in the development of the nonmotorized traffic flow model. A contact telephone number on the pamphlets will provide a way for the City to garner community feedback. Identified non- motorized traffic congestion and potential accident locations will be discussed with city agencies and community organizations as directed by the City Traffic Engineer. The City's investment in sophisticated GIS coverage, microcomputer workstations, and computer peripherals will be leveraged to facilitate the production and implementation of a continuing educational outreach program involving the non- motorized bicyclist, skater, jogger, and pedestrian. A software program will be produced during this task which will record community feedback from the educational outreach program. We envision this program to be a simple utility program used by the City Traffic Department (or other department) to catalog community responses to the outreach program. 7 Work Plan and Schedule Task 9 - Prioritize High Accident Locations • After inputting accident information for the past three years of NB -ASAP will be used to rank high accident locations. Average Daily Traffic (ADT) data provided by the City will be input for each location. NB -ASAP will be able to produce reports prioritizing high accident locations. Accident rates for any or all intersections can be produced if ADT data is available. Reports can be prioritized by any or all of the following categories: • ADT • Total Accidents • Accident Rate • Fatality Rate • Injury Rate When new accident records are added to the database, updated accident rates and intersection rankings may be produced. By using this feature before and after engineering or enforcement mitigation measures, it is possible to evaluate the effectiveness of implemented traffic accident mitigation measures. Task 10 - Produce Collision Diagrams and High Accident Location Maps Color collision diagrams for the ten (10) high accident locations will be produced and delivered. Electronic pin map format will be based on design specifications discussed in tasks 3 and 5. The maps will be produced using the City's existing Genasys GIS software. I-IMA will work closely with the City's GIS department during this task to provide and format data in a format conducive to output of the final products. For example, we envision helping with the mission critical elements of geocoding City intersections and geocoding accident locations as well as creating a program module which formats NB- ASAP information for Genasys GIS processing. A sample collision diagram is at figure 3. The maps may depict traffic volumes and accident rates for the intersections which have associated traffic volume data. Task 11 - Determine Mitigation Measures for the High Accident Locations The ten (10) high accident locations will be studied by a traffic engineer using statistical upper control limits (accident rates), collision diagrams and the electronic pin map. The locations will be analyzed as follows: CJ l:] 0 0 LOS ANALYSES 0 Work Plan and Schedule A capacity and LOS analysis will be made using the HMA CAPSSI program if the intersection is signalized. If the intersection is an all -way stop intersection, the HCM capacity software will be used to analyze the location for LOS. Bicycle level of service will be determined using a LOS program similar to CAPSSI. This bicycle level of service program will be designed in conjunction with the City Traffic Engineer and will be able to handle the unique bicycling characteristics of Newport Beach. Similar bicycle level of service programs created in Texas, and other states, may be used as a development tool in this endeavor. The LOS and capacity analyses will be conducted for the peak hour conditions as determined from a review of traffic count data and in consultation with the City Traffic Engineer. The LOS analysis will determine how these study locations compare with existing City LOS standards and will indicate which specific intersection approaches have the highest delays and longest queue lengths. • One of CAPSSI's main features is the capability to calculate traffic queue lengths for each signal phase. Long queue lengths often contribute to rear -end accidents. The longest queue lengths derived from the CAPSSI analyses will be part of the information gathered about each problem location prior to field reviews. COLLISION DIAGRANIS Using the proposed traffic accident analysis software, the problem locations will be analyzed using the collision diagrams prepared for each of the ten locations. The collision diagrams will be based on three years of accident data or less if significant improvements were made to the intersection during the past three years. The collision diagrams will provide the proposed problem location analyst, Hank Mohle, a graphic summary of the accident pattern (or lack thereof) at problem locations. The diagrams might, for instance, show a pattern of left turn accidents for a particular left tum movement. ANALYSIS OF ACCIDENT DATABASE INFORMATION Prior to making a field review of each high accident location the database will be analyzed for each suspected problem location. The data analysis program will summarize the three (3) year accident data to determine the number of • Night time vs. day time accidents • Pedestrian and /or bicycle accidents 6 0 • Weather and roadway conditions • Reported primary collision factors 0 Work Plan and Schedule All of these analyses will be completed prior to the field review discussed below. All of the analyses for the accident data set the stage for the view of reality that the actual field review will render during peak and off peak traffic conditions. FIELD REVIEW As mentioned above, Mr. Mohle, with over forty years of traffic engineering experience will visit each of the ten (10) high accident locations and conduct a field survey of each intersection. These field reviews will be focused at relating the previously performed accident and LOS data analyses to actual conditions at each location as they exist in the field, Hank Mohle will be particularly interested in the following: • Adequacy of location geometrics for the observed traffic mix • Adequacy of traffic control measures (most probably traffic signals) as they interface with the drivers using the intersection (e.g. Running the yellows) • Confusing phasing • Driver distractions (advertising signs, etc.) • Unusual geometrics • Night visibility problems . • Signal timing • Pedestrian/bicycle /skater confusion and location of ped/bicycle push buttons • Other physical attributes of the intersection or its approaches (i.e. speed) All aspects of left turning movements will be reviewed for their impact on safe and efficient intersection operations. If engineering countermeasures are identified through the field review, cost estimates (order of magnitude) and a description of the proposed improvements will be documented as part of the final report. Before any proposed intersection improvements are documented in the final report, they will be discussed with the City Traffic Engineer to ensure the proposed recommendation are reasonable in terms of established City policies. If recommended improvements are not considered practical from an overall City policy viewpoint, this fact will be noted in the discussion of mitigation measures considered at each location. Task 12 - Software Installation The various software components of NB -ASAP, the nonmotorized traffic flow model and utilities for the continuation and evaluation (community feedback) of the educational outreach program will be installed on the City's computer network at appropriate stages • of the project as depicted on the project schedule. 10 • Task 13 - Training • • Work Plan and Schedule City staff members will be trained on the new software at convenient stages throughout the project. They will receive training on all custom software developed and delivered. The NB -ASAP user manual will be delivered in this task and used for staff training. Software updates and maintenance and technical support for a three (3) year period following installation will be provided. Task 14 - Final Report and Evaluation A final report will be prepared with major emphasis on the traffic accident mitigation measures, high accident locations and results of the educational outreach program. All facets of the project will be documented and City staff evaluation of the project included. Up to five (5) copies of the final report will be made available. The final report in draft form will be provided to the City prior to the termination date of the project. Interim reports will also be provided to the City as requested. A presentation to the City traffic committee will be performed if requested by the City. 11 3 0 a Y N N m N O U N 0) U Z 0 U a a U Q m z L U O m O d 3 d z EXHIBIT B r � F- -/ J • (� N (•J U) a0 < 00 W OP m N O Ot O 01 N N M C V O V E r w r m o r o Q w t9 w O O O N w O 11"l U) N O O 0 O N N V7 O N U v� 00 00 W 0 0 0 0 0 0 00 O O O O N O 00 0) U) I- w c0 N N N N w U) 0 E 3 `o tn �a m O DJ' p D7 N U) N O O co 4l m m I V 00 6 31 w _ p �[ `O a N UA w �✓ `U 0 o 0 010 14, O N w O N W O N N O p N r f� •- U) ML O N W C � ~ w 0 0 0 O O O V O O co N N O N O N O O N O O U 9 U D • (9 �" N C7 O N tD I� O7 D) O N M O 3 ^�^,, O N 0 m U 0 O m d m ~ E g ~ o C C m 7 y U c O O. L y c N O 6 w N V N Q E .T. > O � LL d v u E N 'w m 3 Q �. � N H j Q W v N « 01 C d E c N C .> V N •U N— L 6 O m f0 (0 W = l0 r+ d °� o O c S o Q C Q) d U g U c o a Q � o o N o c— o d 0 cl 0) Q d 5 O U 76= U 3 c c a m U•y a.2 mUa c chi o 'c o .n —• -�' '� m E o « 6 o D,o0tgzzwaU2U�IL d — o0 o v 'c o '= o c (7 0 U EXHIBIT B r � F- -/ J • INCORPOWcd SINCE 1977 HANk MOIi LE & ASSOCIATES MUNICIPAL ANd TRANSPORTATION ENGINEERS SCHEDULE OF HOURLY RATES EFFECTIVE MAY 1, 1995 Principal $140.00 Senior Civil Engineer (P.E.) $110.00 Senior Transportation Engineer (P.E.) $90.00 Systems Analyst $78.00 Construction Inspector $75.00 Transportation Engineer $60.00 Senior Designer $60.00 . Software Programmer $50.00 Sr. CADD Operator $55.00 CADD Operator $50.00 Jr. CADD Operator $25.00 Clerical $40.00 Expert Witness — Principal (Deposition & Trial) $250.00 Subconsultants will be billed at cost plus 12% Conditions of Usake: The above rates are typically effective for a 12 -month period, but HAM maintains the right to change the billing rates at any time for convenience of record keeping. Therefore, all billings will always be at the then - current billing rates. This will not affect any agreed -upon total or not -to- exceed fees. INVOICES WILL BE SUBMITTED MONTHLY AND SHALL BE DUE AND PAYABLE WITHIN 30 DAYS. A MONTHLY FINANCE CHARGE OF 1.5% SHALL . BE CHARGED ON UNPAID BALANCES. genof resumeslrhmoal 94.doc 901 E. IMPERIAL Hwy, SUITE A m la HABRA, CA 90631 m 714/738 -3471 m FAX: 714/738 -7802 CONSULTANT AGREEMENT TRAFFIC ACCIDENT RECORDS SYSTEM THIS AGREEMENT, entered into this 8th day of July, 1996, by and between CITY OF NEWPORT BEACH , a Municipal Corporation (hereinafter referred to as "City "), and Hank Mohle and Associates whose address is 901 East Imperial Highway, Suite A, La Habra, California 90631 (hereinafter referred to as "Consultant "), is made with reference to the following: RECITALS A. City is a Municipal Corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City. B. The principal member of Consultant is Hank Mohle. C. City desires to engage Consultant to create an automated traffic accident records system upon the terms and conditions contained in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: r 1. TERM The Term of this Agreement shall commence on the 15th day of July, 1996, and shall terminate on the 15th day of January, 1998, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall perform the tasks set forth in Exhibit "A ", attached hereto and incorporated herein by this reference. 3. COMPENSATION TO CONSULTANT Consultant shall be compensated for services performed pursuant to this Agreement in the amount and manner set forth in Exhibit "B ", attached hereto and incorporated herein by this reference. The maximum fee shall not exceed $102,479.00. 4. STANDARD OF CARE All of the work shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement and that it will perform all services in a manner commensurate with the community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City nor have any contractual relationship with City. The Consultant shall be responsible to City for any errors or omissions in the execution of this Agreement. Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. Consultant further represents and 2 t i warrants that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an employee of the City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment with City will be acquired by virtue of Consultant's services. None of the benefits provided by City to its employees, including, but not limited to, unemployment insurance, worker's compensation plans, vacation and sick leave, are available from City to Consultant, its employees or agent. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments or other purposes normally associated with an employer - employee relationship from any fees due Consultant. Payments of the above items, if required, are the responsibility of Consultant. 6. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator, and any other agencies which may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the project. 7. PROJECT MANAGER The Consultant shall assign the project to a Project Manager, who shall coordinate all phases of the project. This Project Manager shall be available to the City at all times. The Consultant has designated Hank Mohle to be its Project Manager. 3 0 0 8. TIME OF PERFORMANCE The task to be performed by Consultant shall be in accordance with the schedule specified in Exhibit "A ". Consultant shall receive no additional compensation if completion of its obligation under this Agreement requires a time greater than as set forth herein, unless such extension is caused solely by the conduct of the City. Each parry hereby agrees to provide timely notice to the other of any violation occurring under this Section and the cause thereof. 9. CITY POLICY Consultant will discuss and review all matters relating to policy and project direction with the Project Administrator in advance of all critical decision points in order to ensure that the project proceeds in a manner consistent with City goals and policies. 10. CONFORMANCE TO APPLICABLE REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal requirements and be subject to approval of the Project Administrator and City Council. 11. PROGRESS Consultant is responsible to keep the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 151 t % 12. HOLD HARMLESS Consultant agrees to indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, attorneys fees and court costs arising from any and all negligent actions of Consultant, its employees, agents or subcontracts in the performance of services or work conducted or performed pursuant to this Agreement. Consultant shall indemnify and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees, accruing or resulting to any and all persons, firms or corporations furnishing or supplying work, services, materials, equipment or supplies arising from or in any manner connected to the Consultant's negligent performance of services or work conducted or performed pursuant to this Agreement. 13. INSURANCE Without limiting consultant's indemnification of City, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to the City. Such policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with the City prior to exercising any right or performing any work pursuant to this Agreement. All insurance policies, with the 4 exception of Professional Errors and Omissions, shall add as additional insured the City, its elected officials, officers and employees for all liability arising from Consultant's services as described herein. Prior to the commencement of any services hereunder, Consultant shall provide to city certificates of insurance from an insurance company certified to do business in the State of California, with original endorsements, and copies of policies, if requested by City, of the following insurance, with Best's Class A7 or better carriers; unless otherwise approved by the City Risk Manager: A. Worker's compensation insurance covering all employees and principals of the Consultant, per the laws of the State of California; B. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this project, or the general aggregate limit shall be twice the occurrence limit; C. Commercial auto liability and property insurance covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. D. Professional errors and omissions insurance which covers the services to be performed in connection with this Agreement in the minimum amount of One Million Dollars ($1,000,000). [1 0 It Said policy or policies shall be endorsed to state that coverage shall not be suspended, voided nor canceled by either party, or reduced in coverage or in limits except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give to City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, that Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any interest in this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of an attempted assignment, hypothecation or transfer. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint 0 a I venturer or syndicate member or cotenant if Consultant is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint venture. 15. REPORTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. No report, information or other data given to or prepared or assembled by Consultant pursuant to this Agreement shall be made available to any individual or organization by Consultant without prior approval by City. Consultant shall, at such time and in such forms as City may require, furnish reports concerning the status of services required under this Agreement. 16. CONFIDENTIALITY The information which results from the services in this Agreement is to be kept confidential unless the release of information is authorized by the City. 17. CITY'S RESPONSIBILITIES City shall furnish to Consultant base maps, existing studies, ordinances, data and other existing information as shall be requested by Consultant and materials in City's possession necessary for Consultant to complete the work contemplated by this [3 • i Agreement. City further agrees to provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. 18. ADMINISTRATION This Agreement will be administered by the Public Works Department. Richard Edmonston or his designees shall be considered the Project Administrator and shall have the authority to act for the City under this Agreement. The Project Administrator or his authorized representative shall represent the City in all matters pertaining to the services to be rendered pursuant to this Agreement. 19. EXTRA WORK Consultant shall receive compensation for extra work authorized by City in accordance with the schedule of billing rates set forth in Exhibit "B." All extra work must be authorized in writing by the Project Administrator and Consultant shall not be entitled to extra compensation without authorization. 20. RECORDS Consultant shall keep records and invoices in connection with its work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit and make transcripts or copies of such records. Consultant shall allow inspection of all work, data, documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 9 • i 21. REIMBURSEMENT FOR EXPENSES Consultant shall not be reimbursed for any expenses unless authorized in writing by City. 22. MONTHLY INVOICES Consultant shall submit invoices to the City on a monthly basis in accordance with Consultant's schedule of fees contained in Exhibit "B" hereof. Each invoice will be itemized. Each invoice shall show the number of hours worked per person /consultant and the nature of the work performed. 23. PAYMENT OF COMPENSATION City shall make payments to Consultant within thirty (30) days of receiving a monthly invoice unless City disputes the amount Consultant claims is owned under this Agreement. 24. WITHHOLDINGS City may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue its work for a period of thirty (30) days from the date of withholding as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. The determination of the City Manager with respect to such matter shall be final. Consultant shall be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. r 25. ERRORS AND OMISSIONS In the event that the Project Administrator determines that the Consultant's negligence, errors or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors or omissions in the plans or contract specifications, Consultant shall reimburse City for the additional expenses incurred by the City including engineering, construction and/or restoration expense. Nothing herein is intended to limit City's rights under any other sections of this Agreement. 26. TEN PERCENT (10 %) WITHHOLDING City may withhold an amount equivalent to ten percent (10 %) of the total compensation provided herein, to be released to Consultant upon final adoption of the study by the Mayor and City Council. The City reserves the right to refuse to pay all billings requesting amounts in excess of ninety percent (90 %) of the total compensation provided herein until the project is completed and adopted as specified above. 27. NONDISCRIMINATION BY CONSULTANT Consultant represents and agrees that Consultant, its affiliates, subsidiaries or holding companies do not and will not discriminate against any subcontractor, consultant, employee or applicable for employment because of race, religion, color, sex, handicap or national origin. Such nondiscrimination shall include, but not be limited to, the following: employment, upgrading, demotion, transfers, recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. 11 i 28. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with this project. 29. CONFLICTS OF INTEREST A. The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose financial interest that may foreseeable be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. B. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by the City. The Consultant shall indemnify and hold harmless the City for any claims for damages resulting from the Consultant's violation of this Section. 30. SUBCONTRACTING A. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior approval of City. B. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 31. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered 12 0 t personally or on the second business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: City of Newport Beach 3300 Newport Boulevard P. O. Box 1768 Newport Beach, CA 92658 -8915 Attention: Richard Edmonston All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Hank Mohle and Associates 901 East Imperial Highway, Suite A La Habra, California 90631 32. TERMINATION In the event Consultant hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Consultant shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days, or if more than two (2) days are reasonably required to cure the default and Consultant fails to give adequate assurance of due performance within two (2) days after receipt by Consultant from City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, City may terminate the Agreement forthwith by giving to the Consultant written notice thereof. 13 City shall have the option, at its sole discretion and without cause, of terminating this Agreement without cause by giving seven (7) days prior written notice to Consultant as provided herein. Upon termination of this Agreement, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 33. COST OF LITIGATION If any legal action is necessary to enforce any provision hereof or for damages by reason for an alleged breach of any provisions of this Agreement, the prevailing party shall be entitled to receive from the losing party all costs and expenses in such amount as the court may adjudge to be reasonable attorneys' fees. 34. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 35. WAIVER A waiver by City of any breach of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein whether of the same or a different character. 36. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or 14 F implied covenant shall be held to vary the provisions hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. CITY CLERK APPROVED AS TO FORM: CI ATTORNEY is CITY OF NEWPORT BEACH A Municipal Corporation By: —� ✓�/ CONSULTANT FZA! WFZ�*-V .�M f: \groups \pubworks\ag mt\mohle.doe 7!1196 0 0 Work Plan and Schedule WORK PLAN AND SCHEDULE HMA has developed numerous traffic accident surveillance and analysis programs such as NB -ASAP. We are confident the required tasks can be accomplished and all required deliverables provided in eighteen (18) months, as depicted on the Project Schedule. Project tasks are described below: Task 1 - Meet with Newport Beach Engineering, Police and GIS Staff 1IMA will meet with City representatives from Traffic, Police, GIS Services, Public Works, Information Services, Planning and other departments (as necessary) to design specific formats for the following reports output from NB -ASAP: • Accident Intersection Location Ratings by: • Severity • Rate • Frequency • Type of Accident • Accident Link (mid- block) Location Ratings by: • Severity • Rate • Frequency • Type of Accident • Multi -Year Analysis • Trend Analysis • Statistical Significance (upper control limits) Analysis • Intersection Accident Rates • Mid -Block Accident Rates • Number of Accidents 1 EXHIBIT A 0 0 Work Plan and Schedule Microcomputer and printer components to be procured and purchased by HAM for the City will be specified in this task. Connectivity between NB -ASAP and the City's existing Oracle 7.0 database and Genasys GIS coverage will be explored and a task list generated. Strategic questions include, but are not limited to: Who will use the database? How will they use it? What existing resources can we start with? Which departments require access? What information from the accident report will get into the system? How will accidents be displayed on the electronic pin map? Can existing City GIS information be used for collision diagrams? When, where and how often will electronic pin maps be produced? Where will collision diagrams be produced? Large scale collision diagrams? Initial accident information will be imported from existing police department information contained in the City's Oracle 7.0 database. SWIMS data diskettes obtained from the California Highway Patrol, may also be used for accident information input if desired. Because this project involves nonmotorized traffic as well as vehicular traffic, all accidents relating to bicyclists, pedestrians, skateboarders, etc. must be obtained. Possible sources for these accident records may include the fire department and marine department. If the number of nonmotorized accidents is significant, future collection and consolidation of nonmotorized traffic accidents (i.e. getting the information into the City database effectively and quickly) will be examined. 0 co r to r I ro (D N U r, 00 v.. Q) r U O Z co E O 4'- co d � V 3 � d N Q E = r V ♦ 0 y O o O � a a M- t; d c c 0 U G7 u m O 0 0 d d 0 a a a m z d L 0 3 O W u w w A F l -: c 0 z 0 L � N Q � m � z M- t; d c c 0 U G7 u m O 0 0 d d 0 a a a m z d L 0 3 O W u w w A F l -: c 0 z 0 L N V N N >. O a C o C 0 R u N C O m O1 '- C W O u O O J u u Q L m s m o©©0©ommoss®®e C Work Plan and Schedule Task 2 - Purchase Computer and Peripherals Microcomputer and capacity enhancement peripherals and components, as specified by the City in Task 1, will be procured and purchased by HMA and delivered to the City. The scope of computer equipment to be purchased for the City includes a microcomputer workstation and color plotting/printing device (for collision diagrams and electronic pin maps) in the Traffic Engineering Department. Other commercial software deemed necessary for the project and specified by the City in Task 1 (e.g. AutoCAD) will also be purchased during this task. Task 3 - Program Design Meeting with Engineering, Police and GIS Staff HMA will present an analysis of accident record storage and submit recommendations for integrating the NB -ASAP data entry and analysis front end, the Oracle 7.0 database and the Genasys GIS coverage. Specific report and map formats will be presented to the City by HMA for approval or redesign. AutoCAD drawings of City intersection locations, if available, will be provided to HMA for use in the view port section of the collision diagrams. Initial database connectivity issues will be discussed to include the client /server strategies available and required by linking NB -ASAP with the existing Oracle 7.0 database and Genasys GIS information. This will likely be a one -half day seminar type meeting where all aspects of the data collection, consolidation and output are discussed and a strategic plan is developed. Task 4 - Oracle Development and Connectivity Connectivity issues regarding NB -ASAP and the existing Oracle database will be further examined and explored. HMA will work closely with Information Services during this task to design a connectivity and client -server strategy which will maximize benefits from the existing database and new information available from NB -ASAP. We envision a client/server environment where NB -ASAP connects to the Oracle database via ODBC and SQL requests. NB -ASAP will be developed using Microsoft's Visual Basic and will use the data input and display features specified by the City in task 3. User interface design may begin by examining the interface of other ASAP programs. Sample user interfaces may be found in the attached sample ASAP user manual 4 0 0 Work Plan and Schedule Task 5 - GIS Development and Connectivity Issues concerning the hooks between NB -ASAP and the City's existing GIS system will be further explored and examined. Alternative solutions will be provided to the City for a strategy implementation plan. One implementation strategy consists of allowing workstation users (using NB -ASAP) to select a subset of traffic accident information and then pass this information back to the Genasys GIS server for electronic pin map generation. Other issues to be resolved include how users will view the GIS depiction of queried information on their desktop machine. Ideally, a remote workstation session using the City's existing Reflection X terminal emulation software could display the Genasys GIS view requested by the user. This solution will be evaluated during this task for feasibility, speed, flexibility and open architecture (to allow for the development of future traffic accident analysis modules). Another solution involves developing a desktop view using an OCX extension to VB 4.0 called MapObjects. MapObjects is an OCX recently developed by ESRI (as of the date of this proposal, MapObjects is only available in a pre - release version) which uses a particular GIS entity called a shape file. It is possible to create shape files from converted Genasys data. The practical implementation, usability, and system throughput gain of using MapObjects requires further exploration and may be examined during this task if the City expresses an interest in this module. Once a strategy and methodology are developed, connectivity between the City's Genasys GIS, Oracle 7.0 database and NB -ASAP will be implemented according to City specifications. Task 6 - NB -ASAP Development After specific report and map formats are approved by City staff, NB -ASAP development will begin. NB -ASAP will be engineered to accommodate the City's design specifications discussed in tasks 1, 3, 4 and 5 and will run on the City's network. The program will integrate all GIS system components (Genasys GIS, Oracle 7.0 database and existing (or created from City GIS coverage) AutoCAD drawings of intersection geometries) to display accurate traffic accident information. The NB -ASAP system will be designed to be compatible with the C *STARS system outputting information in a flat file (spreadsheet) format for use with other traffic and law enforcement applications. A sample ASAP user guide is enclosed at appendix "A." 5 Work Plan and Schedule NB -ASAP will accept • Local accident information from the City's Oracle 7.0 database • SWITRS diskettes from the California Highway Patrol • Intersection and mid -block count data from the City's count programs • C *STARS ( *.555) files Information will be filtered and integrated into the NB -ASAP environment as specified by the City. We envision users selecting an intersection from a GIS representation of the City's traffic network and viewing traffic accident statistics for that intersection. NB -ASAP will not be GIS dependent. A user may choose from a list of City intersections, enter an intersection's number, or name an intersection by cross streets. We estimate forty -five (45) MegaBytes of Hard Disk space will be required for the NB- ASAP program, AutoCAD Version 13 and associated CAD drawings (.dwg) for collision diagram viewports. The NB -ASAP program will be built as a database front -end (client to the Oracle 7.0 database server). Task 7 - Develop Nonmotorized Traffic Flow Model HMA will develop a nonmotorized traffic flow model of bicyclists, skaters, and pedestrians. Local bicycle shops will be surveyed to determine which shops are selling the most replacement parts, helmets, tires, and repair services. These surveys will be quantified and transformed into GIS information. Once the high usage shops are identified, they will be geocoded into the GIS coverage and analyzed using GIS overlays of population, bicycle shop retail business, peak tourist times, and the City's master bikeway plan. The non - motorized traffic flow model will also incorporate information from local skate shops - the local and neighboring shops will be examined to determine which shops are selling skates, skateboards, protective gear, and replacement parts such as wheels and wheel bearings. Emphasis will be placed on the recent explosion of inline skating ranging from aggressive street skating and street hockey to recreational boardwalk skaters which has added a significant element of danger into the City's transportation safety model. GIS layers of bicyclists, skaters, pedestrians, and motor vehicles will be examined and overlaid to determine how these different transportation modes can be safely mixed. The City's pathways, sidewalks, and boardwalks will be included in the nonmotorized traffic flow model wherever possible. In compliance with the City's RFP, we will use the TRAF- NETSIM traffic flow simulation model to simulate the flow of vehicles, as well as the flow of nonmotorized modes L 0 0 Work Plan and Schedule (bicycles, pedestrians, skaters, etc.). This procedure will be accomplished for existing and future conditions, based on existing and projected vehicle and nonmotorized flow volume data. The volume data, as well as capacities of the travel ways of vehicular and nonmotorized flow, will be entered into the TRAF- NETSIM model which will be used to determine bottlenecks in the City's circulation system. Locations where both vehicular and non- motorized bottlenecks occur will be examined more closely as potential conflict areas between vehicles and pedestrian and nonmotorized vehicles. Existing count data will be collected from the City's traffic model or the OCTAM I1 model. Pedestrian and non - motorized vehicle flow projections will be estimated by studying trends in the expanding number of tourists visiting City beaches and projected changes in demographics. Capacity techniques of nonmotorized vehicle and pedestrian flow will be referenced from Institute of Transportation Engineers (ITE) technical papers. The GTRAF software package will be used to display the simulated traffic flow model, while the results of existing and projected volume, capacity and conflict area information will be sent to the City's Genasys GIS for display. Task 8 - Educational Outreach HMA will develop an educational outreach program focusing on bicycle riders, pedestrians, joggers, skateboarders and rollerskaters. The community will be involved by distributing key components of the nonmotorized flow model to cyclists, skaters, pedestrians, and motor vehicle drivers who coexist on the public streets, pathways, sidewalks, and boardwalks of Newport Beach. Safety pamphlets will be distributed to the local bicycle and skate shops that participated in the development of the nonmotorized traffic flow model. A contact telephone number on the pamphlets will provide a way for the City to garner community feedback. Identified non- motorized traffic congestion and potential accident locations will be discussed with city agencies and community organizations as directed by the City Traffic Engineer. The City's investment in sophisticated GIS coverage, microcomputer workstations, and computer peripherals will be leveraged to facilitate the production and implementation of a continuing educational outreach program involving the non - motorized bicyclist, skater, jogger, and pedestrian. A software program will be produced during this task which will record community feedback from the educational outreach program. We envision this program to be a simple utility program used by the City Traffic Department (or other department) to catalog community responses to the outreach program. 7 d 0 Task 9 - Prioritize High Accident Locations 0 Work Plan and Schedule After inputting accident information for the past three years of NB -ASAP will be used to rank high accident locations. Average Daily Traffic (ADT) data provided by the City will be input for each location. NB -ASAP will be able to produce reports prioritizing high accident locations. Accident rates for any or all intersections can be produced if ADT data is available. Reports can be prioritized by any or all of the following categories: • ADT • Total Accidents • Accident Rate • Fatality Rate • Injury Rate When new accident records are added to the database, updated accident rates and intersection rankings may be produced. By using this feature before and after engineering or enforcement mitigation measures, it is possible to evaluate the effectiveness of implemented traffic accident mitigation measures. Task 10 - Produce Collision Diagrams and High Accident Location Maps Color collision diagrams for the ten (10) high accident locations will be produced and delivered. Electronic pin map format will be based on design specifications discussed in tasks 3 and 5. The maps will be produced using the City's existing Genasys GIS software. HAM will work closely with the City's GIS department during this task to provide and format data in a format conducive to output of the final products. For example, we envision helping with the mission critical elements of geocoding City intersections and geocoding accident locations as well as creating a program module which formats NB- ASAP information for Genasys GIS processing. A sample collision diagram is at figure 3. The maps may depict traffic volumes and accident rates for the intersections which have associated traffic volume data. Task 11 - Determine Mitigation Measures for the High Accident Locations The ten (10) high accident locations will be studied by a traffic engineer using statistical upper control limits (accident rates), collision diagrams and the electronic pin map. The locations will be analyzed as follows: K 0 LOS ANALYSES 0 Work Plan and Schedule A capacity and LOS analysis will be made using the HMA CAPSSI program if the intersection is signalized. If the intersection is an all -way stop intersection, the HCM capacity software will be used to analyze the location for LOS. Bicycle level of service will be determined using a LOS program similar to CAPSSI. This bicycle level of service program will be designed in conjunction with the City Traffic Engineer and will be able to handle the unique bicycling characteristics of Newport Beach. Similar bicycle level of service programs created in Texas, and other states, may be used as a development tool in this endeavor. The LOS and capacity analyses will be conducted for the peak hour conditions as determined from a review of traffic count data and in consultation with the City Traffic Engineer. The LOS analysis will determine how these study locations compare with existing City LOS standards and will indicate which specific intersection approaches have the highest delays and longest queue lengths. One of CAPSSI's main features is the capability to calculate traffic queue lengths for each signal phase. Long queue lengths often contribute to rear -end accidents. The longest queue lengths derived from the CAPSSI analyses will be part of the information gathered about each problem location prior to field reviews. COLLISION DIAGRAMS Using the proposed traffic accident analysis software, the problem locations will be analyzed using the collision diagrams prepared for each of the ten locations. The collision diagrams will be based on three years of accident data or less if significant improvements were made to the intersection during the past three years. The collision diagrams will provide the proposed problem location analyst, Hank Mohle, a graphic summary of the accident pattern (or lack thereof) at problem locations. The diagrams might, for instance, show a pattern of left turn accidents for a particular left turn movement. ANALYSIS OF ACCIDENT DATABASE INFORMATION Prior to making a field review of each high accident location the database will be analyzed for each suspected problem location. The data analysis program will summarize the three (3) year accident data to determine the number of • Night time vs. day time accidents • Pedestrian and/or bicycle accidents 0 I Work Plan and Schedule • Weather and roadway conditions • Reported primary collision factors All of these analyses will be completed prior to the field review discussed below. All of the analyses for the accident data set the stage for the view of reality that the actual field review will render during peak and off peak traffic conditions. FIELD REVIEW As mentioned above, Mr. Mohle, with over forty years of traffic engineering experience will visit each of the ten (10) high accident locations and conduct a field survey of each intersection. These field reviews will be focused at relating the previously performed accident and LOS data analyses to actual conditions at each location as they exist in the field. Hank Mohle will be particularly interested in the following: • Adequacy of location geometries for the observed traffic mix • Adequacy of traffic control measures (most probably traffic signals) as they interface with the drivers using the intersection (e.g. Running the yellows) • Confusing phasing • Driver distractions (advertising signs, etc.) • Unusual geometries • Night visibility problems • Signal timing • Pedestrian/bicycle /skater confusion and location of ped/bicycle push buttons • Other physical attributes of the intersection or its approaches (i.e. speed) All aspects of left turning movements will be reviewed for their impact on safe and efficient intersection operations. If engineering countermeasures are identified through the field review, cost estimates (order of magnitude) and a description of the proposed improvements will be documented as part of the final report. Before any proposed intersection improvements are documented in the final report, they will be discussed with the City Traffic Engineer to ensure the proposed recommendation are reasonable in terms of established City policies. If recommended improvements are not considered practical from an overall City policy viewpoint, this fact will be noted in the discussion of mitigation measures considered at each location. Task 12 - Software Installation The various software components of NB -ASAP, the nonmotorized traffic flow model and utilities for the continuation and evaluation (community feedback) of the educational outreach program will be installed on the City's computer network at appropriate stages of the project as depicted on the project schedule. 10 0 Task 13 - Training 0 Work Plan and Schedule City staff members will be trained on the new software at convenient stages throughout the project. They will receive training on all custom software developed and delivered. The NB -ASAP user manual will be delivered in this task and used for staff training. Software updates and maintenance and technical support for a three (3) year period following installation will be provided. Task 14 - Final Report and Evaluation A final report will be prepared with major emphasis on the traffic accident mitigation measures, high accident locations and results of the educational outreach program. All facets of the project will be documented and City staff evaluation of the project included. Up to five (S) copies of the final report will be made available. The final report in draft form will be provided to the City prior to the termination date of the project. Interim reports will also be provided to the City as requested. A presentation to the City traffic committee will be performed if requested by the City. 11 3 0 Y 0) m Vl O U m 0 U Z a V) Q zz L U O1 0) m v O tl 3 z z EXHIBIT B M N n )O co C co V' W O O l,9 N CA O .-- N N Cl) r 7 O r- O r- v o a r N O N Q"g Vk 60s O O O N 00 O )O )O u1 0 0 )0 0 )O N )O Q c- 07 N N a— O )O n Q N N a U � W Go 00 0 0 0 0 0 0 co O o O O N O 0) co r 00 00 W N N ," N V N 0) E 0 3 E v to o U 0) d w co ao U0 C) 0 o co u)o C) 0 07w M sr 00 t,') r r O 0) Cl) UO 7 N, 3 c_ E o Y 0 ° N (� f4 W 03, o O O o 0 o V O N co O N 07 00 W) O L m U 0 O N r N N w C T 'm op H W UaO�00N 0O NN(O N000N OO U N O) Iq 0 O O U 0) )D N U ao Y d N N co -It LO O r m CA O! N V co ~@ 3 O N o_ 0 w m O m F o ~ E E J O r c O C m N U °d c U N Co m O1 U d O r 7 Y a O L y U U w m N ?, O I> O oE.o .' p) c > Q) > H O Q m = m c m h y c iU d O c a y _ 0 = m A o o D O c U C o) Q OO O 0 C O O a) 0) O U . c_rn o — U m 'o cw _ V a ` ao0c9zzw0 °a°�i v) i 0 EXHIBIT B INCORP0mTEd SINCE 1977 HANk MohLE & ASSOCIATES MUNIcipAI ANd TRANSPORTATION ENGINEERS SCHEDULE OF HOURLY RATES EFFECTIVE MAY 1, 1995 Principal $140.00 Senior Civil Engineer (P.E.) $110.00 Senior Transportation Engineer (P.E.) $90.00 Systems Analyst $78.00 Construction Inspector $75.00 Transportation Engineer $60.00 Senior Designer $60.00 Software Programmer $50.00 Sr. CARD Operator $55.00 CADD Operator $50.00 Jr. CADD Operator $25.00 Clerical $40.00 Expert Witness — Principal (Deposition & Trial) $250.00 Subconsultants will be billed at cost plus 12% Conditions of (&a¢e. The above rates are typically effective for a 12 -month period, but HMA maintains the right to change the billing rates at any time for convenience of record keeping. Therefore, all billings will always be at the then- current billing rates. This will not affect any agreed -upon total or not -to- exeeed fees. INVOICES WILL BE SUBMITTED MONTHLY AND SHALL BE DUE AND PAYABLE WITHIN 30 DAYS. A MONTHLY FINANCE CHARGE OF 1.5% SHALL BE CHARGED ON UNPAID BALANCES. genoJJlresumes)rhmool94. do '901 E. IMPERIAL Hwy, SUITE A (D LA HABRA, CA 90631 CD 714/738 -3471 m FAX: 714/738 -7802 00 of Newport Beach,NO. BA- 001 BUDGET AMENDMENT 1996 -97 AMOUNT: 511027479.00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Budget Appropriations MD Transfer Budget Appropriations SOURCE: from existing budget appropriations X from additional estimated revenues from unappropriated fund balance reserves EXPLANATION: This budget amendment is requested to provide for the following: Increase in Budgetary Fund Balance Decrease in Budgetary Fund Balance X No effect on Budgetary Fund Balance JUG - 81996 To increase revenue estimates and expenditure appropriations by $102,479 for professional services to Hank Mohle and Associates for automated traffic accident records system development. Revenues will be provided by a grant from the State of California Office of Traffic Safety. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Accou Description General Fund 010 3605 Fund Balance Control REVENUE APPROPRIATIONS (3601) Fund /Division Account Description 5200 4862 OTS - Office Traffic Safety EXPENDITURE APPROPRIATIONS (3603) Description Division Number 7014 Miscellaneous & Studies Account Number C5200344 Traffic Accident Records System Division Number Account Number Division Number Account Number Project Number Signed: Fina 4a Signed: Admini Signed: City Council Approval: City Clerk Amount Debit Credit $102,479.00 ' Automatic $102,479.00 %1 —7C Date 7 —Z -%ig Date %— ' Date