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HomeMy WebLinkAboutC-3589 - PSA; Traffic Flow Optimization ProjectPROFESSIONAL SERVICES AGREEMENT FOR TRAFFIC FLOW OPTIMIZATION PROJECT THIS AGREEMENT, entered into this m day of I& v , 2002, by and between the City of Newport Beach , a Municipal Corporation (hereinafter referred to as "City "), and Meyer, Mohaddes Associates, Inc., whose address is 1515 South Manchester Avenue, Anaheim, California, 92802 -2907, (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 City. B. City is planning to implement a Traffic Flow Optimization Project ( "Project'). C. City desires to engage Consultant to provide professional engineering services upon the terms and conditions contained in this Agreement. D. The principal member of Consultant firm for purpose of Project is Hamid Bahadod. E. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to contract with Consultant under the terms and conditions provided in this Agreement. -1- 0 0 NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the 13th day of January, 2002, and shall terminate on the 30th day of September, 2003, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the duties set forth in the scope of services, attached hereto as Exhibit "A" and incorporated herein by reference. 3. COMPENSATION TO CONSULTANT City shall pay Consultant for the services in accordance with the provisions of this Section and the scheduled billing rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. No rate changes shall be made during the term of this Agreement without prior written approval of City. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed the total contract price of two hundred thirty-five thousand, seven hundred sixty and 00/100 Dollars ($235,760.00). 3.1 Consultant shall maintain accounting records of its billings which includes the name of the employee, type of work performed, times and dates of all work which is billed on an hourly basis and all approved incidental expenses including reproductions, computer printing, postage and mileage. 3.2 Consultant shall submit monthly progress invoices to City payable by City -2- 0 0 within thirty (30) days of receipt of invoice. 3.3 Consultant shall not receive any compensation for extra work without prior written authorization of City. Any authorized compensation shall be paid in accordance with the schedule of the billing rates as set forth in Exhibit "B ". 3.4 City shall reimburse Consultant only for those costs or expenses, which have been specifically approved in this Agreement, or specifically approved in advance by City. Such cost shall be limited and shall include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services which Consultant agrees to render pursuant to this Agreement which have been approved in advance by City and awarded in accordance with the terms and conditions of this Agreement. B. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 3.5 Notwithstanding any other paragraph or provision of this Agreement, beginning on the effective date of this Agreement, City may withhold payment of ten percent (10 %) of each approved payment as approved retention until all services under this Agreement have been substantially completed. 4. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical -3- 0 P 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. Consultant represents to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. Consultant further represents that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. 4.2 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, failure of City to furnish timely information or to promptly approve or disapprove Consultant's work, delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control. 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an employee of 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 expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute Consultant or any of Consultant's employees or agents to be the agents or employees of City. Consultant shall have the responsibility for and control over the details and means of performing the work provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City 0 0 the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean that Consultant shall follow the desires of City only in the results of the services. 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 Consultant on Project. 7. PROJECT MANAGER Consultant shall assign Project to a Project Manager, who shall coordinate all phases of Project. This Project Manager shall be available to City at all reasonable times during term of Project. Consultant has designated Hamid Bahadori, P.E., to be its Project Manager. Consultant shall not bill any personnel to Project other than those personnel identified in Exhibit 'B," whether or not considered to be key personnel, without City's prior written approval by name and specific hourly billing rate. Consultant shall not remove or reassign any personnel designated in this Section or assign any new or replacement person to Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants it will continuously furnish the necessary personnel to complete Project on a timely basis as contemplated by this Agreement. &I 0 0 8. TIME OF PERFORMANCE Time is of the essence in the performance of the services under this Agreement and Consultant shall perform the services in accordance with the schedule specified below. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City and assessment of damages against Consultant for delay. Notwithstanding the foregoing, Consultant shall not be responsible for delays, which are due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 8.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition, which purportedly causes a delay, but not later than the date upon which performance is due. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays, which are beyond Consultant's control. 8.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances by telephone, fax, hand delivery or mail. 9. CITY POLICY Consultant shall 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 Project proceeds in a manner consistent with City goals and policies. 0 0 10. CONFORMANCE TO APPLICABLE REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal law, regulations and permit 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. 12. HOLD HARMLESS Consultant shall 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, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all negligent acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement, excepting only the sole negligence or willful misconduct of City, its officers or employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. Nothing in this indemnity shall be construed as authorizing, any award of attorneys' fees in any action on or to enforce the terms of this Agreement. IFa i • 13. INSURANCE Without limiting consultant's indemnification of City, and prior to commencement of work, 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 City. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with City prior to exercising any right or performing any work pursuant to this Agreement. Except workers compensation and errors and omissions, all insurance policies shall add City, its elected officials, officers, agents, representatives and employees as additional insured for all liability arising from Consultant's services as described herein. Insurance policies with original certificates and endorsements indemnifying Project for the following coverages shall be issued by companies admitted to do business in the State of California and assigned Best's A- VII or better rating: A. Worker's compensation insurance, including 'Wavier of Subrogation" clause, covering all employees and principals of Consultant, per the laws of the State of California. B. Commercial general liability insurance original certificate and endorsement (which includes additional insured and primary and non- contributory wording), 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 0 0 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, including additional insured (and primary and non - contributory wording for waste haulers only), 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 ($1,000,000.00). Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give 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, which Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing workers compensation, comprehensive general, &2 0 0 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 of the services to be performed under 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. 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 venturer or syndicate member or co- tenant if Consultant is a partnership or joint- venture or syndicate or co- tenancy, 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. OWNERSHIP OF DOCUMENTS 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. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by -10- 0 E City or others on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived as against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 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 City authorizes the release of information. 17. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide the following: A. City will provide access to and upon request of Consultant, provide one copy of all existing record information on file at City. Consultant shall be entitled to rely upon the accuracy of data information provided by City or others without independent review or evaluation. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. City will provide traffic count data as agreed upon with Consultant as to -11- 0 0 days, time, and locations. Both City and Consultant shall review said date for accuracy and reasonableness. C. Provide blueprinting, CADD plotting, copying and other services through City's reproduction company for each of the required submittals. Consultant will be required to coordinate the required submittals with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. D. City staff will provide usable life of facilities criteria and provide information with regards to deficient facilities. E. City will prepare and provide to Consultant street base digital file in AutoCAD (DWG) compatible format. 18. ADMINISTRATION The Public Works Department will administer this Agreement. Richard Edmonston, P.E., shall be considered the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 19. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business OVA 0 0 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. 20. 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 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. 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. 21. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or a restoration expense shall be bome by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with Project. -13- • r 23. CONFLICTS OF INTEREST A. 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 foreseeably 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 City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 24. SUBCONSULTANT AND ASSIGNMENT Except as specifically authorized under this Agreement, the services included in this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. 25. 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 personally or on the third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided. -14- City at: 0 0 All notices, demands, requests or approvals from Consultant to City shall be addressed to City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92658 -8915 (949) 644 -3311 Fax (949) 644 -3318 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attention: Hamid Bahadori Meyer, Mohaddes Associates, Inc. 1515 S. Manchester Avenue Anaheim, CA 92802 -7223 714 - 780 -7243 714 -780- 7287(Fax) 26. TERMINATION In the event either part hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, that party 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 the defaulting party fails to give adequate assurance of due performance within two (2) days after receipt by defaulting party from the other party of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the nondefaulting party may terminate the Agreement forthwith by giving to the defaulting parry written notice thereof. 26.1 City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as -15- E r provided herein. Upon termination of this Agreement, City shall pay to Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 27. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 28. WAIVER A waiver by either party 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. 29. 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 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. 30. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his /her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as -16- 0 0 compared to contractor bids or actual cost to City. 31. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in responsible charge of the work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All drawings shall be transmitted to the City in the City's latest adopted version of AutoCAD in ".dwg" file format. All written documents shall be transmitted to the City in the City's latest adopted version of Microsoft Word and Excel. 32. PATENT INDEMNITY Consultant shall indemnify City, its agents, officers, representatives and employees against liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. -17- 0 0 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: By: L' - City Attorney ATTEST: M City Clerk CITY OF NEWPORT BEACH AI LIM Meyer, Mohaddes Associates, Inc. By: Print Name: f: \users \pbMshared\agreements \fy 02- 03 \meyer,mohaddes1-traffic flow.doc OW11 Exhibit A i Traffic Flow Optimization Project Exhibit A Scope of Work Task 1. Project Management MMA will function as an integrated team member, partnered with the City of Newport Beach staff. The MMA Project Manager will make sure that each member of the MMA staff has a clear understanding of his /her role and responsibilities. MMA utilizes frequent project team meetings, documented with meeting notes and action item responsibility, as a means of ensuring that all members are informed of project assignments. After receiving Notice to Proceed, MMA will prepare a final breakdown of the estimated hours, staffing levels, costs and a final schedule for each task item described in this scope of services. The time schedule will include adequate time for review and comment by the City and Caltrans (if needed). MMA's Project Manager will also utilize our established procedures for cost and schedule reporting and control. We will provide monthly written reports on the time, staffing, cost and schedule status and progress of each task, as well as anticipated problems and potential solutions. The contract staffing levels, budget and schedule shall be regarded as the baseline against which status and progress are measured and reported. For a consultant, to consistently complete projects on time, within budget, and with high quality requires a proven project management and quality control system. MMA routinely uses detailed project scheduling procedures, project work orders, project team meetings, project cost review and projections, review of technical /administrative status, and progress reports for project management control purposes. The controls are summarized in the following paragraphs. Project Scheduling Procedures - The Project Manager will prepare a detailed project schedule based upon contract requirements. This schedule will delineate the major tasks and personnel assignments and the time schedule for their performance. The schedule will outline the work tasks, assignments, and milestones, and will delineate the communication, coordination and review process, which will be followed throughout the project. The Project Manager will update the project schedule every month for internal planning purposes. The updated schedule will show any revisions necessitated by the actual occurrence of events as the study proceeds. Project Rork Orders - A key management tool is the use of project work orders. Each task identified on the project schedule will be detailed in a project work order. The work order includes the following items: Input required Work to be completed Output (deliverables) Time schedule Budget Project Team Meetings - Project Team meetings with the City staff will be held as often as required to exchange information, to review progress, to identify issues, and to determine adjustments in the work plan. They will be designed to be an integral part of the work required to accomplish the project tasks and to meet scheduled MMeyer, Mohaddes Associates, Inc. AM IfOli3 Comvany �f.�r pu5. � • Traffic Flow Optimization Project milestones. Meeting notes will be prepared by MMA within one week of the meeting; with action items assigned for appropriate team members. Project Cost Control - MMA uses a computerized system for processing time and expense charges to each contract weekly. Each major project task is assigned a project number so that all time and expenses spent on each task can be maintained separately. Progress Reports - A progress report will be transmitted to the City with each invoice. The items covered will include: Activities completed over the past period Scheduled activities for next period Meetings attended Problems and suggested remedies Financial status Quality Control Program The production of top quality products for clients is the number one goal of Meyer, Mohaddes Associates. It does not just apply to quality control for design plans, something that has been standard procedure at engineering design firms for many years, but rather relates to all aspects of our jobs and professional careers. As a firm and as individuals, we always strive for excellence. Some of the elements of our quality control program are: Out -going Documents - All documents produced by MMA staff, whether for transmittal to a client, prospective client, another consulting firm or public distribution, will be reviewed by someone other than the author to ensure that they are understandable and well written. It is difficult for the author of a product to always catch obvious mistakes or to realize when something may be confusing to the reader, particularly when writing technical reports geared toward a lay audience. A second opinion is also invaluable in identifying alternative approaches to the analysis. Also, a fresh 'outsider's" review often catches obvious errors, which go, undetected through multiple reviews by the same person. It is MMA company policy that all documents must be reviewed by senior staff before being sent out. Plans - All plans produced by MMA are carefully reviewed and approved prior to their distribution to other firms (prime or subs) or to the client. The MMA title block, which is placed on all plans, includes signature blocks for initials to be placed by the personnel who designed the plan, reviewed the plan, and approved the plan. This ensures that three people review the plans during their preparation. It is important that at each level of plan check, that the engineer carefully reviews his /her work and that they not assume that someone else will be reviewing it to catch any mistakes. MMA staff are always conscious of the fact that design plans produced by the firm could result in physical changes to the transportation network, and that if not properly designed, these changes could negatively impact the public. The quality and accuracy of design plans is of the utmost importance to MMA. It is the responsibility of our staff to assume this same sense of responsibility when involved in design projects. 2 M Meyer, Mohaddes Associates, Inc. An Ran$ Company 2 Traffic Flow Optimization Project All plans are accurately labeled in terms of the date and revision numbers, and that the filing codes indicate where the electronic copy of the file is located. Originals of the plans are stored in flat files according to Project Number. The electronic CAD or other graphics files are stored in centralized CAD files. Task 2. Signal Timing and Optimization This task consists, in general, of the following primary activities: Intersection turning movement counts and existing conditions data collection Field observations Signal timing subsystem identification Signal timing analysis and software selection Development of micro - simulation models (if needed) Implementation and fine- tuning of new traffic signal timing plans Training of City staff The following is detailed description of our proposed approach to each of these activities and the resultant deliverables. 2.1 Intersection turning movement counts and existing conditions data collection This project includes review of the signal timing plans for 125 traffic signals. Of these 125, one hundred signals will be maintained by the City and 25 are controlled by Caltrans District 12. In order to better define potential subsystems and develop practical coordination programs along certain major corridors, we believe that the 25 traffic signals that are operated by Caltrans need to be evaluated as part of this citywide comprehensive effort to optimize traffic flow on the City arterials. The City currently maintains an inventory of traffic volume data for about 55 of its intersections. These data, in general, consist of intersection turning movements for A.M. and P.M. peak periods (2 hours each). Upon commencement of the project and discussions with the city, MMA will present our recommendations for the level of data collection at all the project intersections. For many of the project intersections, the collection of data for the 2 -hour peak periods (A.M. and P.M.) will be adequate. However, in certain locations, the mid -day and weekend traffic volume data will also be needed to develop the appropriate timing patterns for those times. This information will be collected by the City directly through another contract at the City's discretion. As part of this activity, we will also field verify the geometric information and operational scheme of all the project intersections. Deliverables: Complete set of intersection turning movement counts 2.2 Field observations For any signal timing project, there is simply no substitute for seasoned and experienced traffic engineering judgement. Although the field data and the appropriate timing software are essential tools in developing the most optimum signal timing plan, MMA's senior traffic engineers will observe the most impacted intersections (and corridors) to better assess the operational challenges and improvement potentials. MMeyer, Mohaddes Associates, Inc. An pans Company v 4, Traffic Flow Optimization Project Photographs and /or videotapes will be prepared, as needed, and field notes will be collected documenting constraints or operational issues attributing to the traffic congestion at intersections and/or along major corridors. 2.3 Signal timing subsystem identification A coordination subsystem or subarea contains a different group of signals within a traffic signal system that have similar characteristics and are located adjacent to each other. An important consideration in subsystem control is the definition of the control area boundaries and the groupings of the signals that will operate within those boundaries. The major objective in selecting a group of signals and designing a coordination subsystem is to allow for the effective coordination of as many traffic signals as possible within each subsystem. With the successful implementation of proper geographical subsystems and timing plans, spread -out vehicles can be joined together to form vehicle platoons which will aid in smoother traffic flow while maintaining rather uniform speeds. Once the decision to form subsystems has been completed, the next step is to decide which type of subsystem to form. There are two main subsystems that are proven to work effectively in their respective environments. They are arterial and grid networks. We will conduct a thorough review of all the traffic signals in the City and develop potential subsystems for review and approval by the City's Project Manager. 2.4 Signal timing analysis and software selection As part of this task, we will discuss with the City's staff all the nationally recognized and acceptable signal timing and coordination programs. The following software packages are being used most prominently for similar applications: • PASSER II -90 • PASSER IV — 94 • SYNCHRO 4.0 • TRANSYT -7F In selecting the optimum signal timing tool, the following major factors need to be examined: Ease of use (user interface) Signal timing methodology in determining: - Optimum phasing sequence - Cycle length - Splits Ability to import/export data into /out of the timing analysis software to other software packages (e.g., micro - simulation, controller timing databases, etc.). Based on our experience with previous similar projects, we believe that Synchr6rm is the package that will provide the best capabilities. Upon the City's approval of the MMA's recommendation for the type(s) of software to be used for this project, MMA will assist the City to acquire an original copy of that software(s) package, registered under the City of Newport Beach, if the City currently does not own the most recent version of the required software(s). The development of traffic signal timing to most effectively move traffic along an arterial or in a network is an ongoing task. In general, the timing analysis consists of the following activities. MMeyer, Mohaddes Associates, Inc. An lwis Company � F M ' Traffic Flow Optimization Project Using the existing and new mining movement counts and the subsystem analysis results, optimal operating conditions will then be evaluated using one of the aforementioned software in a three -step process: 1. Existing cycle and existing phase sequence: The operating conditions under the existing signal timing and the new turning movement volumes will be observed. 2. Optimized cycle and existing phase sequence: For each corridor and/or subsystem various cycle lengths will be evaluated. In choosing the most optimum cycle length, the following factors will be taken into consideration: • System wide coordination • Proximity of study corridors to other major corridors in the system • Intersection mining movement volumes • Individual intersection delay and level of service • Approach delay per movement for each intersection In order to provide an efficient flow of traffic, it is important to provide a cycle length that would provide sufficient green time to serve all movements. However, high cycle lengths generally cause high delays for minor approaches. The optimum cycle length will be the merging of all the above factors into one value. System wide coordination would be accomplished by using a similar cycle length throughout the system or the corridor. In the analysis, if the chosen optimal cycle lengths are within a few seconds of the existing cycles, and the optimization does not make a significant improvement to the timings, the existing cycle length will be retained. Comparisons will be made between existing and proposed signal timing plans using various measures of effectiveness (MOEs). Examples of MOEs include bandwidth lengths in both directions, flow diagrams, and approach delays. 3. Optimized cycle and optimized phase sequence and offsets: The final step in the analysis process will be to calculate the optimum signal timing splits to provide sufficient green time so that all the vehicles would be served. In addition, offsets will be optimized to provide the most efficient coordination with the widest bandwidth. In the development of signal timing splits, it will also be important to keep in mind the special needs of each individual intersection on the corridor it is in. The green time that will be developed will also be dependent on transit and pedestrian activities. From the above mentioned three step process, traffic signal timing plans for various days of the week and times of the day will be developed. The new timing plans will be discussed with the city staff for their review and approval. Obviously, a key component of any successful signal timing plan is the community buyoff and its acceptance by the motoring public that it serves. MMA has extensive experience with such public outreach and community involvement programs, and will assist City staff in this effort. Deliverables: Complete set ofpreliminary timing plans for all trafft signals in the City 2.5 Development of micro-simulation models (if needed) This task will only be performed at the discretion of the City based on MMA's findings and recommendations following the completion of the previous tasks. For certain corridors or subsystems a micro - simulation model may be of additional benefit to better assess the traffic operation and flow along certain corridors or within a grid network. MMeyer, Mohaddes Associates, Inc. An haris Company Traffic Flow Optimization Project Deliverables: Output of micro-simulation model 2.6 Implementation and fine- tuning of new traffic signal timing plans In implementing the signal timing plans, we propose one or both of the following alternatives: I. MMA, cooperating with the City staff, will backup the existing timing information. The new signal timing plans will then be inputted by MMA staff at a City provided computer station. After the fine tuning task is complete, City staff has the option of accepting the proposed signal timing changes or uploading the previous plans from the backup. 2. At the discretion of the City, MMA staff can input the proposed signal timing plans as another plan number. By inputting the data under different plan numbers, the existing timing plans will not be overwritten. The uploading of the new signal timing plans can be accomplished directly using the existing VMS 330. For those signals not connected to the VMS 330, MMA staff will prepare detailed timing sheets and accompany City staff to those intersections to complete the timing plan upload through the local controller. Once the proposed signal timing plans have been reviewed and approved by the City, MMA staff, in cooperation with the City staff, will conduct field reviews to observe the efficiency of the new signal timing plans. Special attention will be given in regard to the interaction of cross - corridors and minor streets. When developing optimum signal timing plans, in addition to providing the widest green bandwidth along the coordinated corridors, it is important to observe the vehicle delays on the minor movement during the field fine tuning exercise. As part of this subtask, MMA staff will drive along each study corridor during various days of the week and times of the day, and will suggest improvements to the new timing plans as needed. Upon completion of fine- tuning, MMA will revise the signal timing plans and deliver final timing plan sheets to the City for their records and use. Deliverables: Complete set offinal fine -tuned tinning plans for all selected signals in the City 2.7 Training of City staff It is always a routine duty of the traffic engineering staff to monitor and adjust the signal timing plans throughout the jurisdiction they serve. As part of this project, MMA will train the City staff in the use and understanding of traffic signal concepts, the data collection effort required, and the application of the City's selected software(s). This subtask will be ongoing throughout the project (as needed) and at the end a training manual will be prepared by MMA for staff's future use. Deliverables: Training manual Task 3. Recommendations for intersection improvements As part of this task, intersections with operational deficiencies will be identified and analyzed to determine the potential for low to moderate cost improvements to improve their operational efficiency. These analyses will include considerations for signal modifications, restriping, and /or minor geometric improvements in sufficient detail to enable a reasonable engineering cost Meyer, Mohaddes Associates, Inc. An 1Wu Company ..t �� rub, • Traffic Flow Optimization Project estimate for each location. Significant constraints in implementing any of these recommendations, such as major utility conflicts or right -of -way acquisition needs, will also be identified. In performing the activities of this task, the following process will be used. 3.1 Identification of the more impacted intersections Based on the results of the data collected in subtasks 2.1 and 2.2, MMA will prepare a list of the more impacted intersections that may require improvements. This list will be discussed with the City staff for their review and approval. 3.2 Developing a list ofpotential improvements MMA will prepare a list of potential low to medium cost improvements that are acceptable to the City based on their practicality and community acceptance. 3.3 Preparing conceptual layout of the intersections MMA will prepare conceptual layout plans for all the selected intersections. The conceptual plans will show in sufficient detail, for each intersection, the right -of -way information, the lane configuration, traffic control devices, major utilities, and any other information that may impact the implementation of any proposed improvement alternative. 3.4 Recommendationsfor intersection improvements MMA will prepare a list of potential intersection improvements for the selected intersections, based on the criteria developed by MMA and approved by the City, such as better traffic flow, improving safety, facilitating pedestrian activity, reduced delays, reduced driver confusion, etc. The final recommendations, approved by the City, for each intersection will then be graphically shown on the conceptual layout plans. A preliminary engineering cost estimate for each intersection will also be prepared. Deliverables: Technical Report describing the recommendations for intersection improvements Task 4. Technology enhancement recommendations and preliminary design of a Traffic Operations Center (TOC) MMA will conduct a comprehensive review of the City's existing traffic signal and communication systems, and will provide information on the state of the art and emerging technologies to improve the efficiency of these systems. We will also identify the potential future needs that the City may have in the area of Intelligent Transportation Systems (ITS) such as Closed Circuit Television (CCTV) cameras, Dynamic Message Signs (DMS), trail blazers, etc. The focus of this effort will be to evaluate the adequacy of the existing VMS 330 system and the communication system (hardwire, phone drops, etc) that the City is currently utilizing as the means of command and control for the monitoring and operation of its traffic signals. The findings and recommendations of this task will be presented to the City in a technical report outlining short term and long -range improvements with appropriate phasing for their implementation. The advantages and constraints of new and emerging technologies will be MMeyer, Mohaddes Associates, Inc. An /leris Company w Traffic Flow Optimization Project discussed in sufficient detail for the City staff to be able to make a value judgment and decide on the use and application of each recommendation. Furthermore, as part of this task, and based on the City's decision on the technological upgrade of the existing systems, MMA will prepare a preliminary design for an economical and cost effective Traffic Operation Center (TOC). This design will have sufficient details such as space requirement, a proposed room layout, and mechanical/electrical needs for such a facility. Deliverables: Technical report describing technology enhancement measures and the preliminary design of the TOC Task 5. Preparation of information brochure As part of its ongoing public relations effort, the City desires to improve its communication with the constituents it serves by preparing an information brochure describing the concepts of the traffic signal timing /coordination, and the results and benefits that the motoring public will receive from the Traffic flow Optimization Project. MMA will prepare a multi -page high quality brochure to help the public better understand the benefits and tradeoffs of traffic signal coordination as well as an explanation of the challenges in developing, implementing and monitoring such programs. This brochure will also discuss the results and benefits of the Traffic Flow Optimization Project and its effects on improving traffic circulation within the City of Newport Beach. The information brochure will be in 8.5" X 11.5" or other suitable format and will be between 8 and 12 pages in length. In preparing this brochure, MMA will work closely with the City staff, and other entities such as City's Commissions, HOAs, or members of the public (at the City's Project Manager's discretion and under his direction) to ensure that the public's main concerns and questions are adequately addressed in the final product. Deliverables: Electronic file of the Information Brochure MMeyer, Mohaddes Associates, Inc. An Irons Company 0 Task 1.0 Project management 2.0 Signal timing & optimization 2.1 Intersection turning movement counts and existing conditions data collection 2.2 Field observations 2.3 Signal timing subsystem identification 2.4 Signal timing analysis and software selection 2.5 Development of micro - simulation models (if needed) 2.6 Implementation and fine- tuning of new traffic signal timing plans 2.7 Training of City staff 3.0 Recommendations for intersection improvements 4.0 Technology enhancement recommendations and preliminary design of Traffic Operations Center (TOC) 5.0 Preparation of information brochure /, ale "Nb Vmgess [omu�ett iet of Comy¢ @5ttM mmmp (� �eian1arc LEGEND Wreyort �/ rzHk mun6 V /fimin946"5 �/m uv r/1 provemle 0 1 2 3 Month 4 City of Newport Beach M Meyei MOhaddesASSOCWiates� /ncry Traffic Flow Optimization Project a.YOnnaWnll�ttl�ure 5 6 7 FIGURE 1 Project Schedule Meyer, MohaddesAssociates, Inc. Exhibit B An Iteris Company Exhibit B STANDARD FEE SCHEDULE STAFF LEVEL Principal /Vice President Associate Principal /Associate Vice President Senior Systems Engineer /Senior Program Manager Senior Software Engineer Senior Transportation Engineer /Planner Software Engineer Transportation /Systems Engineer Transportation Engineer /Planner Electronics Engineer Field Technician Associate Transportation Engineer /Planner Assistant Transportation Engineer /Planner Accounting /Financial s Technical Support/Editing Graphics Support Computer Aided Drafting Support Administrative Support Standard Terms and Conditions HOURLY RATE $150-210 $130-180 $115 -190 $110-185 $110 -135 $ 65-130 $100 -120 $ 80 -105 $ 70-130 $ 70- 90 $ 60- 85 $ 50- 85 S 55 - 95 S 40- 65 $ 40- 60 S 35 - 60 S 35 - 65 • Invoices are due and payable within 30 days of date of invoice. Invoices outstanding over 30 days will be assessed a 1 114 percent service charge not to exceed the maximum allowable by law, for each 30 days outstanding beyond the initial payment period. • Project expenses will be billed at cost plus 10 percent for service and handling. Expenses include project - related costs, such as computer charges, subcontractor services, postage /delivery service, reproduction, transportation, and subsistence. Effective through January 1, 2003. I �• � .g�lrny • �~ 1T Professional Joineering Services for Traffic Flow Optimization Project J C1�aFOYy�_ SECTION 5: PROJECT STAFFING PLAN The Project Organization Chart, Figure 2, shows the proposed staffing plan for this project. We have structured the project organization to match our proposed scope of services and task designation. Mr. Hamid Bahadori, P.E., an experienced project manager and an Associate Principal with MMA, will be the key point of contact with the City of Newport Beach staff. Mr. Bahadori will be the designated Project Manager responsible for the day -to -day conduct of the technical work program, monitoring of schedules and budgets, and the delivery of services in accordance with the scope of services. Mr. Abbas Mohaddes and Mr. Marc Porter will serve as Quality Control /Technical Advisors providing review of all work products for quality control. None of these key staff will be removed from the project without prior written approval from the City's Project Manager. A short summary of each of the MMA Team key personnel is provided in this section. Full resumes of the key staff are provided in the Appendix section of this proposal. Ramin Massoumi Task Leader Jim Poston Doug Park Jyothi Tallapragada Figure 2 Organization Chart rq ac, revc Scott Carlson, PE W Bader Raymond Lee, PE; Glenn Grayson, PE Doug Park Hamid Bahadori, PE Taklnder Raymond Lee, PE Abl Mogharabi, PE Roland Hizon Jane Keel U Tech#JC #L3# Fsaf'. Abbas Mohaddes Marc Porter Hamid Bahadori, PE Tsd LLatla Teri Argabright Jane Keel 31 w . Meyer, Mohaddes Associates, Inc. `\ An tted Comp ny MARSH CERTIFICATE OF DURANCE CERTIFICATE NUMBER /. PRODUCER LOS - 000326759 -02 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS Marsh Risk & Insurance Services % NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE 4695 MacArthur Court, Suite 700 POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE (949) 399 -5800 AFFORDED BY THE POLICIES DESCRIBED HEREIN. License #0437153 - Newport Beach. CA 92660 COMPANIES �� �� COMPANIES AFFORDING COVERAGE I 40980- 00 -00- A Hartford fire Insurance Company INSURED p I19,''y 1! �'0:+,� COMPANY Inc. &Meyer Mohaddes B St. Paul Fire & Marine Insurance Company Associates Associates Inc. COMPANY 1515 S. Manchester Avenue Anaheim, CA 92802 C American Protection Insurance Company COMPANY D CNA Casualty Company of CA COVERAGES This certificate supersedes and replaces any previously issued certificate for the policy period noted below. 5 THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWTHSTANOING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. CONDITIONS AND EXCLUSIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE IMMIDDIYY) POLICY EXPIRATION DATE(MMIDD /YY) i LIMITS 1 GENERAL LIABILITY GENERAL AGGREGATE $ 2,000,000 X PRODUCTS - COMPIOPAGG $ 500,000 A COMMERCIALGENERALLIABILITY 72CESOA1989 04101102 04101193 CLAIMS MADE aOCCUR PERSONAL B ADV INJURY $ 1,000,000 EACH OCCURRENCE $ 1,000,000 OWNER'S& CONTRAC70R S PROT FIRE DAMAGE (Any one lire) S 300,DOO MED EXP (An one erson) I$ 10,0DO AU i0M0 _ BILE LIABILITY COMBINED SINGLE LIMIT $ 1,DDD,DDD B X ANY AUTO :TE06101251 04/01/02 04101/03 BODILY INJURY $ ALL OWNED AUTOS SCHEDULED AUTOS (Per person) X BODILY INJURY (Per acc,denu $ HIRED AUTOS NON -OWNED AUTOS X X PROPERTY DAMAGE $ 1,000 Comp /Coll Ded GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY, ANY AUTO EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY UMBRELLA FORM EACH OCCURRENCE $ AGGREGATE $ $ OTHER THAN UMBRELLA FORM C WORKERS COMP ENSATION AND EMPLOYERS' LIABILITY 368010864 -01 08!01/02 04/01103 X TORYLIMITS T ER EL EACH ACCIDENT IS 1,000,000 EL DISEASE�POLICY LIMIT $ 1,000,000 THE PROPRIETOR/ X INCL PARTNERSIEXECUTIVE OFFICERS ARE EXCL EL DISEASE -EACH EMPLOYEE $ 1,000,000 H p Professional Liability AEA113844112 04/01/02 04/01/03 Limit per Occurence 1,000,000 'Claims -Made Form I Aggregate 2,000,000 1 Deductible 50,000 DESCRIPTION OF OPERATION SILOCATION SIVEH ICLESISPECIAL ITEMS Re: Professional Services Agreement for Traffic Flow Optimization - City, its elected officials, officers, agents, representatives and employees are named as additional insured for all liability arising from consultant's services as described herein. A waiver of of subrogation applies with regards to workers compensation. This coverage is primary and non - contributory. 'Endorsement to Follow CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE INSURER AFFORDING COVERAGE WRL ENDEAVOR TO MAIL In DAYS WRITTEN NOTICE TO THE Newport Beach, City of Public Works Department 3300 Newport Blvd. CERTIFICATE HOLDER NAMED HEREIN, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILII V OF ANY KIND UPON THE INSURER AFFORDING COVERAGE, ITS AGENTS OR REPRESENTATIVES. OR THE P.O, Box 1768 Newport Beach, CA 92658 -8915 ISSUER OF THIS CERTffWATE. MARSH USA INC. eY: Stephen Flynn MMt(3102) VALID AS OF: 01/07/03 MARSH • CERTIFICATE OF WURANCE LOS-000326759-03 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS Marsh Risk & Insurance Services NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE 4695 MacArthur Court, Suite 700 POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE (949) 399 -5800 AFFORDED By THE POLICIES DESCRIBED HEREIN. License #0437153 COMPANIES AFFORDING COVERAGE Newport Beach, CA 92660 COMPANY 40980- 00 -00- A Hartford Fire Insurance Company INSURED COMPANY Iteris, Inc. & Meyer Mchaddes B St. Paul Fire & Marine Insurance Company Associates Inc. COMPANY 1515 S. Manchester Avenue Anaheim, CA 92802 C American Protection Insurance Company COMPANY D CNA Casually Company of CA COVERAGES This certificate supersedes and replaces any previously issued certificate for the policy period noted below. 8 THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS CONDITIONS AND EXCLUSIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED By PAID CLAIMS. co TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LTR . DATE (MMIDDIYY) DATE IMMIDDIYY) i LIMITS GEN ERAL LIABILITY ! 1 GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGO {$ 2000,000 A X COMMERCIAL GENERAL LIABILITY 72CESOA1989 04/01/02 04/01/03 —! CLAIMS MADE OCCUR PERSONAL & ACV INJURY $ 1,000,000 EACH OCCURRENCE $ 11000,000 OWNER'S & CONTRACTOR'S PROT FIRE DAMAGE (Anyonefire) $ 300,000 MED EXP (An one person) $ 10,000 i B �XAU TOMOBILE LIABILITY ANY AUTO �TE06101251 ,4/01/02 04101103 COMBINED SINGLE LIMIT $ 1,000,000 BODILY INJURY i $ ALL OwNEO AUTOS i SCHEDULED AUTOS j 1Per person) X (HIRED AUTOS X NON -OWNED AUTOS BODILY INJURY (Peraaitlenp I $ 'PROPERTY DAMAGE j X 1,000 Comp /Coll Ded I GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: ANY AUTO EACH ACCIDENT $ j AGGREGATE $ EX CESS LIABILITY EACH OCCURRENCE $ AGGREGATE $ UMBRELLAFORM 1— I _ _ • $ OTHER THAN UMBRELLA FORM I WRXERSC MPENSATION AND O EMPLOYERS ' LIABILITY C 3BRO10864 -01 08/01/02 04/01/03 :X TORYLI ID EN EL EACH ACCIDENT Is 1,000,000 ITHE PROPRIETOR; X INCL PARTNERSIEXECUTIVE I -- OFFICERS ARE'. EXCL • EL DISEASE - POLICY LIMIT $ 1,000,000 EL DISEASE -EACH EMPLOYEE $ 1,000,000 HE D Professional Liability AEA113844112 :04/01102 04/01/03 Limit per Occufence 1000,000 Claims -Made Form I Aggregate 2,000,000 j I Deductible 50,000 DESCRIPTION OF OPERATION 5ILOCATIO NSNEHICLE SISPECIAL ITEMS Re: Professional Services Agreement for Traffic Flow Optimization - City, its elected officials, officers, agents, representatives and employees are named as additional insured for all liability arising from consultant's services as described herein. A waiver of of subrogation applies with regards to workers compensation. This coverage is primary and non - contributory. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE INSURER AFFORDING COVERAGE Wu EAW'WiI6 L _3D DAYS WRITTEN NOTICE TO THE Newport Beach, City Department of Public Works 3300 Newport Blvd. CERTIFICATE HOLDER NAMED HEREIN. BAN %�1{iXNeXXKyIXLY}ll(ili$S4:�k1 LAIC+X1r8xwsxkx;����wu��R' sin. �lcactlRwlua 'a'dt'Atxfr'YBBC�urwE P.O. Box 1768 Newport Beach, CA 92658 -8915 "al 6K* UAYI"x y4xuwxxxxxxxxxxxxXXXXXXXXXxxxXXXXYXXXXXXXXXXXXxxxx MARSH USA INC. BY: Stephen Flynn MM1(3102) VALID AS OF: 01/13/03 0 Policy Number: 72 CES OA1989 Named Insured and Address: Endt. No. 32 0 Effective Date: 01/07/2003 Iteris, Inc. 1515 S. Manchester Ave. Anaheim, CA 92803 -2907 4 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF OTHER INSURANCE CONDITION SCHEDULED ADDITIONAL INSUREDS SCHEDULE The City of Newport Beach, Public Works Dept., P.O. Box 1768; Newport Beach, CA 92658 -8915. Includes: City, Its Elected Officials, Officers, Agents, Representatives and Employees as Additional Insureds. It is agreed that, solely with respect to any additional insured's under this policy which appear in the Schedule of this endorsement, that the Other Insurance Condition (Section IV) is deleted in its entirety and replaced by the following, but only with respect to your operations, operations on your behalf or "your work:" Otherinsurance If other valid and collectible insurance is available to the insured for a loss we cover under this policy, our obligations are limited as follows: a. Primary Insurance This insurance is primary and we will not seek contribution from other insurance available to the person or organization shown in the Schedule of this Endorsement except when b. below applies: b. Excess Insurance This insurance is excess over any of the following other insurance, whether primary, excess, contingent or any other basis: (1) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work;" (2) That is Fire insurance for premises rented to you; or Form GN 20 16 14 (ED. 01/95) Printed in U.S.A. (NS) ©1995, The Hartford (Includes copyrighted material of Insurance Services Office with its permission. Copyright Insurance Services Office, 1992) Page 1 of 2 0 0 (3) If the loss arises out of the maintenance or use of "aircraft," "autos" or watercraft to the extent not subject to Exclusion g. (SECTION 1). w When this insurance is excess, we will have no duty under this policy to defend any "claim" or "suit" that any other insurer has a duty to defend. If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self- insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess insurance provision and was not bought specifically to apply in excess of the limits of insurance shown in the Declarations of this policy. c. Method of Sharing If all the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limits of insurance to the total applicable limits of insurance of all insureds. Forth GN 20 16 14 (ED. 01/95) Page 2 of 2 FEB -04 -2003 13:28 MARSH RISK AND INSURANCE 949 399 2712 P.02 • • POLICY CHANGE ENDORSEMENT S This endorsement summarizes the changes to your policy. All other terms of your policy not affected by these changes remain the same. How Your Policy Is Changed AUTOMOBILE Amending form 40502 0180- Additional Insured endorsement for: The City of Newport Beach its elected officials, officers, agents, representatives and employees. Premium Change Which Is Due Now Additional Premium $0.00 Returned Premium $0.00 If issued after the date your policy begins, Policy issued to these spaces must be completed and our ODE-RCS, INC. representative must sign below. Authorized representative Endorsement takes effect Policy Number 01/07/03 TE06101251 40704 Ed, 5 -84 Endorsement 017 ©St. Paul Fire and Marine Insurance Co. 1984 Page 1 of 1 FEB -04 -2003 13:28 MARSH RISK AND INSURANCE 949 399 2712 • • 5 Additional Insured Endorsement It is understood and agreed that the following is added as an additional insured as respects Automobile Liability The City of Newport Beach its elected officials, officers, agents, representatives and employees P.O. Box 1768 Newport Beach, CA 92658 -8915 Other Terms All other terms of your policy remain the same. Name of Insured Policy Number TE06101251 ODETICS, INC. Effective Date 01/07/03 Processing Date 02/03/03 40502 Ed. 1 -80 Customized Form @St. Paul Fire and Marine Insurance Co. 1964 Page 1 of 1 P.03 TOTAL P.03 J POLICY CHANGE ENDORSEMENT • • ftSTF9ul This endorsement summarizes the changes to your policy. All other terms of your policy not affected by these changes remain the same. How Your Policy Is Changed AUTOMOBILE Adding form 40502 0180- Additional Insured endorsement for the City of Newport Beach Premium Change Which Is Due Now Additional premium 1. . -0- Returned Premium -0- If issued after the date your policy begins, these spaces must be completed and our representative must sign below. Authorized representative Policy issued to ODETICS, INC. Endorsement takes effect 01/07/03 Processing Date: 01/07/03 Policy Number TE06101251 18:26 016 40704 Ed.5 -84 Printed in U.S.A. Endorsement oSt.Paul Fire and Marine Insurance Co. 1984 All Rights Reserved Page 1 Ln 0 COPY • TMSt1Aul Additional Insured Endorsement -City of Newport Beach w It is understood and agreed that the following is added as as additional insured as respects Automobile Liability: The City of Newport Beach PO Box 1768 Newport Beach, CA 92658 -8915 Other Terms All other terms of your policy remain the same. Name of Insured Policy Number TE06101251 Effective Date 01/07/03 ODETICS, INC. Processing Date 01 /07/03 18:26 016 40502 Ed. 1-80 Printed in U.S.A. Customized Form ®St.Paul Fire and Marine Insurance Co.1980 All Rights Reserved , Page 1 JAN -30 -2003 THU 09;16 AM CAL SURANCE FAX N0. 7149391654 P. 01 Q / Fax #- (- to CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. / Date Received: /'a�-o3 Dept. /Contact Received From: ,J- Ih6LUna_ 0 Date Completed: /" 60 -D 3 Sent to: Company /Person required to have certificate: 2:+e4-1,6 Mr-) L_ I. GENERAL LIABILITY A. INSURANCE COMPANY: r'C- 1:n S. co . B. AM BEST RATING (A: VII or greater): 7q + C. ADMITTED Company (Must be California Admitted): Is Company admitted in Calfomia? ZYes ❑ No D. LIMITS (Must be $1M or greater): What is limit provided? -,in E. PRODUCTS AND COMPLETED OPERATIONS (Must include); Is it included? Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it i cluded? - --- YYl) SSi n� Yes ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? WYes ❑ No H. CAUTIONI (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes ZNo I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. II. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: E4. s\f- ty)&, =tttisL B, AM BEST RATING (A: VII or greater): Pr K U —_ C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? R-Yes ❑ No D. LIMITS (Must be $1M min. BI & PD and $500,000 UM): What is limits provided? 1 m r p E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is 't included? [Vies ❑ No �I�Misa 't4 F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only);) Is it included? ()IC(- ❑ Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. in. WORKERS' COMPENSATION A. INSURANCE COMPANY: -rl B. AM BEST RATING (A: VII or greater); C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? VYes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? ❑ Yes gNo CARRIER NAME: AMERICAN PROTECTION INSURANCE COMPANY NCCI CARRIER NO. 19186 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY CHANGE ENDORSEMENT Issue Date 01/15/2003 Policy No. 3BR 010864 -01 Policy Change Endorsement No. 003 NAMED INSURED Federal Employer I.D. No. 953190674 ODETICS, INC. POLICY PERIOD: FROM 08/01/2002 TO 04/01/2003 Effective Date of Change 08/01/2002 12:01 A.M. Standard Time at the Address of the Insured stated on the Policy. TOTAL SCHEDULE OF OPERATIONS PREMIUM $143,415 TOTAL SURCHARGES AND TAXES $2,850 EXPENSE CONSTANT $167 TOTAL ESTIMATED COST $146,432 MINIMUM PREMIUM $333 (CA) DEPOSITAMOUNT $146,432 THIS CHANGE RESULTS IN NO ADDITIONAL OR RETURN PREMIUM THE FOLLOWING SCHEDULES REFLECT THE CHANGES TO YOUR POLICY: SUMMARY OF CHANGES: NOT APPLICABLE PRODUCER INFORMATION 051 -02320 MARSH USA INC COUNTERSIGNATURE: 4695 MACARTHUR CT STE 700 NEWPORT BEACH CA 92660 Telephone: 949- 399 -5800 Date: SERVICING OFFICE: EEMPER INSURANCE COMPANIES /ATTN : TEAM MANAGER ANAHEIM CORPORATE PLAZA, 4TH FLOOR ANAHEIM, CA 92806 WC 99 06 61 (Ed. 01 94) Page 1 of 2 Printed in U.S.A. INSURED (Cemp�- • • LIABILITY POLICY LE -- Policy No. 3BR 010864 -01 Policy Change Endorsement No. 003 The information contained below reflects only those items which have been added, amended, and/or deleted. Refer to your original policy for items which have not been affected by this Change Endorsement. ENDORSEMENTS Added/ Number Edition Description /State Amended/ Date Deleted ADDED WC040306 0484 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -- CALIFORNIA CA Any amended forms noted with an "' are not attached. Such forms were amended due to the addition and /or deletion of a state(s). WC 99 06 61 Page 2 of 2 Printed in U.SA WORKERS COMPENSATIOr&D EMPLOYERS LIABILITY INSURANCWLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -- CALIFORNIA (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 08/01/2002 Policy No. 3BR 010864 -01 Endorsement No. 003 Insured Premium ODETICS, INC. Insurance Company AMERICAN PROTECTION INSURANCE COMPANY Person or Organization CITY OF NEWPORT BEACH MINIMUM PREMIUM: $100 Countersigned by SCHEDULE Job Description PROFESSIONAL SERVICES AGREEMENT FOR TRAFFIC FLOW OPTIMIZATION THE PREMIUM FOR THIS COVERAGE WILL BE DETERMINED AND BILLED AT AUDIT. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 10.00% of the California workers compensation premium otherwise due on such remuneration. THIS ENDORSEMENT CHANGES THE POLICY TO WHICH IT IS ATTACHED AND IS EFFECTIVE ON THE DATE ISSUED UNLESS OTHERWISE STATED. WC 04 03 06 (Ed. 04 84) Printed in U.S.A. CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 9 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY FROM: Public Works Department Richard M. Edmonston, Transportation & Development 949 - 644 -3311 red monston @city. newport- beach.ca. us SUBJECT: TRAFFIC FLOW OPTIMIZATION PROJECT - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH MEYER, MOHADDES ASSOCIATES, INC. RECOMMENDATION: Approve a Professional Services Agreement with Meyer, Mohaddes Associates, Inc., of Anaheim, California, for the Traffic Flow Optimization Project at a contract price of $235,760 and authorize the Mayor and City Clerk to execute the Agreement. DISCUSSION: Eight firms were invited to submit proposals to provide traffic signal timing services, recommendations for intersection improvements, and an informational brochure. Six firms responded to the City's request for proposals: 1. Meyer, Mohaddes Associates, Inc. 2. Albert Grover & Associates 3. Kimley -Horn and Associates, Inc. 4. Katz, Okitsu & Associates 5. Austin -Foust Associates, Inc. 6. Willdan The proposals were independently reviewed to evaluate each firm's qualifications, past experience on similar projects, and availability before inviting the first three firms listed above for an interview. The interview panel consisted of two representatives from the Public Works Department and a third panelist from the City of Mission Viejo. Upon selection, Staff negotiated with Meyer, Mohaddes Associates, Inc., (MMA) to provide the necessary scope of services for a fee of $235,760. MMA has completed the same services competently and professionally on similar projects for other local agencies in Northern and Southern California. SUBJECT: TRAFFIC FLOW OPTI TION PROJECT - APPROVAL OF PROFESSI06 SERVICES AGREEMENT WITH MEYER,MOHADDES A CIATES, INC. December 17, 2002 Page 2 The Scope of Work for professional services will include: • Provide and implement timing recommendations for all City - controlled traffic signals and recommendations only for all Caltrans- controlled intersections. Services include implementing and fine- tuning coordinated timing along arterials when determined to be appropriate. • Train staff in all phases of the project to provide in -house capability for future updates to traffic signal timing. • Evaluate existing signalized intersection operation to identify low to moderate cost improvements - such as restriping or changes to the signal operation that will improve traffic flow at key locations. • Make recommendations on new technology for traffic signal control along with a cost efficient Traffic Operations Center for the City. • Prepare an informational brochure to explain the process and issues associated with signal coordination and to document the results of the overall project. Funding Availability: Funds for this project are available in Account No. 7261- C5200699. Environmental Review: Not applicable Prepared by: Richard M. dmonston, P.E. C� Transportation & Development Services Manager Attachment: Professional Services Agreement Submitted by: m G. Badum Works Director 0 DRAFT PROFESSIONAL SERVICES AGREEMENT FOR TRAFFIC FLOW OPTIMIZATION PROJECT THIS AGREEMENT, entered into this day of 2002, by and between the City of Newport Beach , a Municipal Corporation (hereinafter referred to as "City "), and Meyer, Mohaddes Associates, Inc., whose address is 1515 South Manchester Avenue, Anaheim, California, 92802 -2907, (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 City. B. City is planning to implement a Traffic Flow Optimization Project ( "Project'). C. City desires to engage Consultant to provide professional engineering services upon the terms and conditions contained in this Agreement. D. The principal member of Consultant firm for purpose of Project is Hamid Bahadori. E. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to contract with Consultant under the terms and conditions provided in this Agreement. -1- • • NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the 13th day of January, 2002, and shall terminate on the 30th day of September, 2003, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the duties set forth in the scope of services, attached hereto as Exhibit "A" and incorporated herein by reference. 3. COMPENSATION TO CONSULTANT City shall pay Consultant for the services in accordance with the provisions of this Section and the scheduled billing rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. No rate changes shall be made during the term of this Agreement without prior written approval of City. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed the total contract price of two hundred thirty-five thousand, seven hundred sixty and 00/100 Dollars ($235,760.00). 3.1 Consultant shall maintain accounting records of its billings which includes the name of the employee, type of work performed, times and dates of all work which is billed on an hourly basis and all approved incidental expenses including reproductions, computer printing, postage and mileage. 3.2 Consultant shall submit monthly progress invoices to City payable by City -2- within thirty (30) days of receipt of invoice. 3.3 Consultant shall not receive any compensation for extra work without prior written authorization of City. Any authorized compensation shall be paid in accordance with the schedule of the billing rates as set forth in Exhibit "B ". 3.4 City shall reimburse Consultant only for those costs or expenses, which have been specifically approved in this Agreement, or specifically approved in advance by City. Such cost shall be limited and shall include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services which Consultant agrees to render pursuant to this Agreement which have been approved in advance by City and awarded in accordance with the terms and conditions of this Agreement. B. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 3.5 Notwithstanding any other paragraph or provision of this Agreement, beginning on the effective date of this Agreement, City may withhold payment of ten percent (10 %) of each approved payment as approved retention until all services under this Agreement have been substantially completed. 4. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical -3- i • 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. Consultant represents to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. Consultant further represents that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. 4.2 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, failure of City to furnish timely information or to promptly approve or disapprove Consultant's work, delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control. 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an employee of 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 expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute Consultant or any of Consultant's employees or agents to be the agents or employees of City. Consultant shall have the responsibility for and control over the details and means of performing the work provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City le the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean that Consultant shall follow the desires of City only in the results of the services. 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 Consultant on Project. 7. PROJECT MANAGER Consultant shall assign Project to a Project Manager, who shall coordinate all phases of Project. This Project Manager shall be available to City at all reasonable times during term of Project. Consultant has designated Hamid Bahadori, P.E., to be its Project Manager. Consultant shall not bill any personnel to Project other than those personnel identified in Exhibit "B," whether or not considered to be key personnel, without City's prior written approval by name and specific hourly billing rate. Consultant shall not remove or reassign any personnel designated in this Section or assign any new or replacement person to Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants it will continuously furnish the necessary personnel to complete Project on a timely basis as contemplated by this Agreement. -5- B. TIME OF PERFORMANCE Time is of the essence in the performance of the services under this Agreement and Consultant shall perform the services in accordance with the schedule specified below. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City and assessment of damages against Consultant for delay. Notwithstanding the foregoing, Consultant shall not be responsible for delays, which are due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 8.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition, which purportedly causes a delay, but not later than the date upon which performance is due. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays, which are beyond Consultant's control. 8.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances by telephone, fax, hand delivery or mail. 9. CITY POLICY Consultant shall 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 Project proceeds in a manner consistent with City goals and policies. go n L 0 10. CONFORMANCE TO APPLICABLE REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal law, regulations and permit 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. 12. HOLD HARMLESS Consultant shall 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, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all negligent acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement, excepting only the sole negligence or willful misconduct of City, its officers or employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. Nothing in this indemnity shall be construed as authorizing, any award of attorneys' fees in any action on or to enforce the terms of this Agreement. -7- q 0 9 13. INSURANCE Without limiting consultant's indemnification of City, and prior to commencement of work, 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 City. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with City prior to exercising any right or performing any work pursuant to this Agreement. Except workers compensation and errors and omissions, all insurance policies shall add City, its elected officials, officers, agents, representatives and employees as additional insured for all liability arising from Consultant's services as described herein. Insurance policies with original certificates and endorsements indemnifying Project for the following coverages shall be issued by companies admitted to do business in the State of California and assigned Best's A- VII or better rating: A. Workers compensation insurance, including "Wavier of Subrogation" clause, covering all employees and principals of Consultant, per the laws of the State of California. B. Commercial general liability insurance original certificate and endorsement (which includes additional insured and primary and non- contributory wording), 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 0 �c 0 0 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, including additional insured (and primary and non - contributory wording for waste haulers only), 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 ($1,000,000.00). Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give 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, which Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing workers compensation, comprehensive general, M 0 9 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 of the services to be performed under 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. 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 venturer or syndicate member or co- tenant if Consultant is a partnership or joint- venture or syndicate or co- tenancy, 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. OWNERSHIP OF DOCUMENTS 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. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by -10- f2 • • City or others on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived as against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 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 City authorizes the release of information. 17. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide the following: A. City will provide access to and upon request of Consultant, provide one copy of all existing record information on file at City. Consultant shall be entitled to rely upon the accuracy of data information provided by City or others without independent review or evaluation. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. City will provide traffic count data as agreed upon with Consultant as to -11- I days, time, and locations. Both City and Consultant shall review said date for accuracy and reasonableness. C. Provide blueprinting, CADD plotting, copying and other services through City's reproduction company for each of the required submittals. Consultant will be required to coordinate the required submittals with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. D. City staff will provide usable life of facilities criteria and provide information with regards to deficient facilities. E. City will prepare and provide to Consultant street base digital file in AutoCAD (DWG) compatible format. 18. ADMINISTRATION The Public Works Department will administer this Agreement. Richard Edmonston, P.E., shall be considered the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 19. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business -12- 19 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. 20. 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 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. 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. 21. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and/or a restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with Project. 51102 23. CONFLICTS OF INTEREST A. 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 foreseeably 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 City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 24. SUBCONSULTANT AND ASSIGNMENT Except as specifically authorized under this Agreement, the services included in this Agreement shall not be assigned, transferred, contracted or subcontracted without priorwritten approval of City. 25. 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 personally or on the third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided. -14- I City at: 0 All notices, demands, requests or approvals from Consultant to City shall be addressed to City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92658 -8915 (949) 644 -3311 Fax (949) 644 -3318 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attention: Hamid Bahadori Meyer, Mohaddes Associates, Inc. 1515 S. Manchester Avenue Anaheim, CA 92802 -7223 714- 780 -7423 714 - 780- 7287(Fax) 26. TERMINATION In the event either part hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, that party 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 the defaulting party fails to give adequate assurance of due performance within two (2) days after receipt by defaulting party from the other party of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the nondefaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 26.1 City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as -15- provided herein. Upon termination of this Agreement, City shall pay to Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 27. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 28. WAIVER A waiver by either party 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. 29. 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 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. 30. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his /her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as -16- compared to contractor bids or actual cost to City. 31. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in responsible charge of the work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All drawings shall be transmitted to the City in the City's latest adopted version of AutoCAD in ".dwg" file format. All written documents shall be transmitted to the City in the City's latest adopted version of Microsoft Word and Excel. 32. PATENT INDEMNITY Consultant shall indemnify City, its agents, officers, representatives and employees against liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. -17- IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first Written above. APPROVED AS TO FORM: CITY OF NEWPORT BEACH A Municipal Corporation By: City Attorney ATTEST: By: City Clerk 27 Meyer, Mohaddes Associates, Inc. IN Print Name: f . \usem\pbw\shared\agreements \fy 02 -03\meyer,mohaddeskraffc flow.doc ff" ar.H'ru6T • • ` Exhibit A Traffic Flow Optimization Project Exhibit A Scone of Work Task 1. Project Management MMA will function as an integrated team member, partnered with the City of Newport Beach staff. The MMA Project Manager will make sure that each member of the MMA staff has a clear understanding of his/her role and responsibilities. MMA utilizes frequent project team meetings, documented with meeting notes and action item responsibility, as a means of ensuring that all members are informed of project assignments. After receiving Notice to Proceed, MMA will prepare a final breakdown of the estimated hours, staffing levels, costs and a final schedule for each task item described in this scope of services. The time schedule wilt include adequate time for review and comment by the City and Caltrans (if needed). MMA's Project Manager will also utilize our established procedures for cost and schedule reporting and control. We will provide monthly written reports on the time, staffing, cost and schedule status and progress of each task, as well as anticipated problems and potential solutions. The contract staffing levels, budget and schedule shall be regarded as the baseline against which status and progress are measured and reported. For a consultant, to consistently complete projects on time, within budget, and with high quality requires a proven project management and quality control system. MMA routinely uses detailed project scheduling procedures, project work orders, project team meetings, project cost review and projections, review of technical/administrative status, and progress reports for project management control purposes. The controls are summarized in the following paragraphs. Project Scheduling Procedures - The Project Manager will prepare a detailed project schedule based upon contract requirements. This schedule will delineate the major tasks and personnel assignments and the time schedule for their performance. The schedule will outline the work tasks, assignments, and milestones, and will delineate the communication, coordination and review process, which will be followed throughout the project. The Project Manager will update the project schedule every month for internal planning purposes. The updated schedule will show any revisions necessitated by the actual occurrence of events as the study proceeds. Project Work Orders - A key management tool is the use of project work orders. Each task identified on the project schedule will be detailed in a project work order. The work order includes the following items: Input required Work to be completed Output (deliverables) Time schedule Budget Project Team Meetings - Project Team meetings with the City staff will be held as often as required to exchange information, to review progress, to identify issues, and to determine adjustments in the work plan. They will be designed to be an integral part of the work required to accomplish the project tasks and to meet scheduled O ♦ E Meyer, Mohaddes Associates, Inc. A. 1w;, Cpmpe�y i t T N ,y Traffic Flow Optimization Project milestones. Meeting notes will be prepared by MMA within one week of the meeting; with action items assigned for appropriate team members. Project Cost Control - MMA uses a computerized system for processing time and expense charges to each contract weekly. Each major project task is assigned a project number so that all time and expenses spent on each task can be maintained separately. Progress Reports - A progress report will be transmitted to the City with each invoice. The items covered will include: Activities completed over the past period Scheduled activities for next period Meetings attended Problems and suggested remedies Financial status Quality Control Program The production of top quality products for clients is the number one goal of Meyer, Mohaddes Associates. It does not just apply to quality control for design plans, something that has been standard procedure at engineering design firms for many years, but rather relates to all aspects of our jobs and professional careers. As a firm and as individuals, we always strive for excellence. Some of the elements of our quality control program are: Out -going Documents - All documents produced by MMA staff, whether for transmittal to a client, prospective client, another consulting firm or public distribution, will be reviewed by someone other than the author to ensure that they are understandable and well written. It is difficult for the author of a product to always catch obvious mistakes or to realize when something may be confusing to the reader, particularly when writing technical reports geared toward a lay audience. A second opinion is also invaluable in identifying alternative approaches to the analysis. Also, a fresh "outsider's" review often catches obvious errors, which go, undetected through multiple reviews by the same person. It is MMA company policy that all documents must be reviewed by senior staff before being sent out. Plans - All plans produced by MMA are carefully reviewed and approved prior to their distribution to other firms (prime or subs) or to the client. The MMA title block, which is placed on all plans, includes signature blocks for initials to be placed by the personnel who designed the plan, reviewed the plan, and approved the plan. This ensures that three people review the plans during their preparation. It is important that at each level of plan check, that the engineer carefully reviews his/her work and that they not assume that someone else will be reviewing it to catch any mistakes. MMA staff are always conscious of the fact that design plans produced by the firm could result in physical changes to the transportation network, and that if not properly designed, these changes could negatively impact the public. The quality and accuracy of design plans is of the utmost importance to MMA. It is the responsibility of our staff to assume this same sense of responsibility when involved in design projects. 2 Meyer, Mohaddes Associates, Inc. An lieris Company V ��J Traffic Flow Optimization Project x All plans are accurately labeled in terms of the date and revision numbers, and that the filing codes indicate where the electronic copy of the file is located. Originals of the plans are stored in flat files according to Project Number. The electronic CAD or other graphics files are stored in centralized CAD files. 9 0 Task 2. Signal Timing and Optimization This task consists, in general, of the following primary activities: - Intersection turning movement counts and existing conditions data collection - Field observations - Signal timing subsystem identification Signal timing analysis and software selection - Development of micro - simulation models (if needed) - Implementation and fine -tuning of new traffic signal timing plans - Training of City staff The following is detailed description of our proposed approach to each of these activities and the resultant deliverables. 1.1 Intersection turning movement counts and existing conditions data collection This project includes review of the signal timing plans for 125 traffic signals. Of these 125, one hundred signals will be maintained by the City and 25 are controlled by Caltrans District 12. In order to better define potential subsystems and develop practical coordination programs along certain major corridors, we believe that the 25 traffic signals that are operated by Caltrans need to be evaluated as part of this citywide comprehensive effort to optimize traffic flow on the City arterials. The City currently maintains an inventory of traffic volume data for about 55 of its intersections. These data, in general, consist of intersection turning movements for A.M. and P.M. peak periods (2 hours each). Upon commencement of the project and discussions with the city, MMA will present our recommendations for the level of data collection at all the project intersections. For many of the project intersections, the collection of data for the 2 -hour peak periods (A.M. and P.M.) will be adequate. However, in certain locations, the mid -day and weekend traffic volume data will also be needed to develop the appropriate timing patterns for those times. This information will be collected by the City directly through another contract at the City's discretion. As part of this activity, we will also field verify the geometric information and operational scheme of all the project intersections. Deliverables: Complete set of intersection turning movement counts 1.1 Field observations For any signal timing project, there is simply no substitute for seasoned and experienced traffic engineering judgement. Although the field data and the appropriate timing software are essential tools in developing the most optimum signal timing plan, MMA's senior traffic engineers will observe the most impacted intersections (and corridors) to better assess the operational challenges and improvement potentials. AVNMeyer, Mohaddes Associates, Inc. A. 11,6s Com,.n, " Traffic Flow Optimization Project M1 Photographs and/or videotapes will be prepared, as needed, and field notes will be collected documenting constraints or operational issues attributing to the traffic congestion at intersections and /or along major corridors. 7.3 Signal timing subsystem identification A coordination subsystem or subarea contains a different group of signals within a traffic signal system that have similar characteristics and are located adjacent to each other. An important consideration in subsystem control is the definition of the control area boundaries and the groupings of the signals that will operate within those boundaries. The major objective in selecting a group of signals and designing a coordination subsystem is to allow for the effective coordination of as many traffic signals as possible within each subsystem. With the successful implementation of proper geographical subsystems and timing plans, spread -out vehicles can be joined together to form vehicle platoons which will aid in smoother traffic flow while maintaining rather uniform speeds. Once the decision to form subsystems has been completed, the next step is to decide which type of subsystem to form. There are two main subsystems that are proven to work effectively in their respective environments. They are arterial and grid networks. We will conduct a thorough review of all the traffic signals in the City and develop potential subsystems for review and approval by the City's Project Manager. 2.4 Signal timing analysis and software selection As part of this task, we will discuss with the City's staff all the nationally recognized and acceptable signal timing and coordination programs. The following software packages are being used most prominently for similar applications: • PASSER II -90 • PASSER IV — 94 • SYNCHRO 4.0 • TRANSYT -7F In selecting the optimum signal timing too], the following major factors need to be examined: Ease of use (user interface) Signal timing methodology in determining: - Optimum phasing sequence - Cycle length - Splits Ability to import/export data into /out of the timing analysis software to other software packages (e.g., micro - simulation, controller timing databases, etc.). Based on our experience with previous similar projects, we believe that SynchroT"c is the package that will provide the best capabilities. Upon the City's approval of the MMA's recommendation for the type(s) of software to be used for this project, MMA will assist the City to acquire an original copy of that software(s) package, registered under the City of Newport Beach, if the City currently does not own the most recent version of the required software(s). The development of traffic signal timing to most effectively move traffic along an arterial or in a network is an ongoing task. In general, the timing analysis consists of the following activities. Meyer, Mohaddes Associates, Inc. An Rana Company .aw�t'to�.. � • r Traffic Flow Optimization Project " Using the existing and new taming movement counts and the subsystem analysis results, optimal operating conditions will then be evaluated using one of the aforementioned software in a three -step process: 1. Existing cycle and existing phase sequence: The operating conditions under the existing signal timing and the new turning movement volumes will be observed. 2. Optimized cycle and existing phase sequence: For each corridor and/or subsystem various cycle lengths will be evaluated. In choosing the most optimum cycle length, the following factors will be taken into consideration: • System wide coordination • Proximity of study corridors to other major corridors in the system • Intersection turning movement volumes • Individual intersection delay and level of service • Approach delay per movement for each intersection In order to provide an efficient flow of traffic, it is important to provide a cycle length that would provide sufficient green time to serve all movements. However, high cycle lengths generally cause high delays for minor approaches. The optimum cycle length will be the merging of all the above factors into one value. System wide coordination would be accomplished by using a similar cycle length throughout the system or the corridor. In the analysis, if the chosen optimal cycle lengths are within a few seconds of the existing cycles, and the optimization does not make a significant improvement to the timings, the existing cycle length will be retained. Comparisons will be made between existing and proposed signal timing plans using various measures of effectiveness (MOEs). Examples of MOEs include bandwidth lengths in both directions, flow diagrams, and approach delays. 3. Optimized cycle and optimized phase sequence and offsets: The final step in the analysis process will be to calculate the optimum signal timing splits to provide sufficient green time so that all the vehicles would be served. In addition, offsets will be optimized to provide the most efficient coordination with the widest bandwidth. In the development of signal timing splits, it will also be important to keep in mind the special needs of each individual intersection on the corridor it is in. The green time that will be developed will also be dependent on transit and pedestrian activities. From the above mentioned three step process, traffic signal timing plans for various days of the week and times of the day will be developed. The new timing plans will be discussed with the city staff for their review and approval. Obviously, a key component of any successful signal timing plan is the community buyoff and its acceptance by the motoring public that it serves. MMA has extensive experience with such public outreach and community involvement programs, and will assist City staff in this effort. Deliverables: Complete set ofpreliminmy timing plans for all traffic signals in the City Z.5 Development of micro - simulation models (if needed) This task will only be performed at the discretion of the City based on MMA's findings and recommendations following the completion of the previous tasks. For certain corridors or subsystems a micro - simulation model may be of additional benefit to better assess the traffic operation and flow along certain corridors or within a grid network. Meyer, Mohaddes Associates, Inc. An aeris Company Traffic Flow Optimization Project Deliverables: Output of micro-simulation model 2.6 Implementation and fine- tuning of new traffic signal timing plans In implementing the signal timing plans, we propose one or both of the following alternatives: 1. MMA, cooperating with the City staff, will backup the existing timing information. The new signal timing plans will then be inputted by MMA staff at a City provided computer station. After the fine tuning task is complete, City staff has the option of accepting the proposed signal timing changes or uploading the previous plans from the backup. 2. At the discretion of the City, MMA staff can input the proposed signal timing plans as another plan number. By inputting the data under different plan numbers, the existing timing plans will not be overwritten. The uploading of the new signal timing plans can be accomplished directly using the existing VMS 330. For those signals not connected to the VMS 330, MMA staff will prepare detailed timing sheets and accompany City staff to those intersections to complete the timing plan upload through the local controller. Once the proposed signal timing plans have been reviewed and approved by the City, MMA staff, in cooperation with the City staff, will conduct field reviews to observe the efficiency of the new signal timing plans. Special attention will be given in regard to the interaction of cross - corridors and minor streets. When developing optimum signal timing plans, in addition to providing the widest green bandwidth along the coordinated corridors, it is important to observe the vehicle delays on the minor movement during the field fine tuning exercise. As part of this subtask, MMA staff will drive along each study corridor during various days of the week and times of the day, and will suggest improvements to the new timing plans as needed. Upon completion of fine- tuning, MMA will revise the signal timing plans and deliver final timing plan sheets to the City for their records and use. Deliverables: Complete set offinal fine -tuned timing plans for all selected signals in the City 17 Training of City staff It is always a routine duty of the traffic engineering staff to monitor and adjust the signal timing plans throughout the jurisdiction they serve. As part of this project, MMA will train the City staff in the use and understanding of traffic signal concepts, the data collection effort required, and the application of the City's selected software(s). This subtask will be ongoing throughout the project (as needed) and at the end a training manual will be prepared by MMA for staff's future use. Deliverables: Training manual Task 3. Recommendations for intersection improvements As part of this task, intersections with operational deficiencies will be identified and analyzed to determine the potential for low to moderate cost improvements to improve their operational efficiency. These analyses will include considerations for signal modifications, restriping, and/or minor geometric improvements in sufficient detail to enable a reasonable engineering cost Meyer, Mohaddes Associates, Inc. An fwis Company Traffic Flow Optimization Project estimate for each location. Significant constraints in implementing any of these recommendations, such as major utility conflicts or right -of -way acquisition needs, will also be identified. In performing the activities of this task, the following process will be used. 3.1 Identification of the more impacted intersections Based on the results of the data collected in subtasks 2.1 and 2.2, MMA will prepare a list of the more impacted intersections that may require improvements. This list will be discussed with the City staff for their review and approval. 3.2 Developing a list ofpotential improvements MMA will prepare a list of potential low to medium cost improvements that are acceptable to the City based on their practicality and community acceptance. 3.3 Preparing conceptual layout of the intersections MMA will prepare conceptual layout plans for all the selected intersections. The conceptual plans will show in sufficient detail, for each intersection, the right -of -way information, the lane configuration, traffic control devices, major utilities, and any other information that may impact the implementation of any proposed improvement alternative. 3.4 Recommendations for intersection improvements MMA will prepare a list of potential intersection improvements for the selected intersections, based on the criteria developed by MMA and approved by the City, such as better traffic flow, improving safety, facilitating pedestrian activity, reduced delays, reduced driver confusion, etc. The final recommendations, approved by the City, for each intersection will then be graphically shown on the conceptual layout plans. A preliminary engineering cost estimate for each intersection will also be prepared. Deliverables: Technical Report describing the recommendations for intersection improvements Task 4. Technology enhancement recommendations and preliminary design of a Traffic Operations Center (TOC) MMA will conduct a comprehensive review of the City's existing traffic signal and communication systems, and will provide information on the state of the art and emerging technologies to improve the efficiency of these systems. We will also identify the potential future needs that the City may have in the area of Intelligent Transportation Systems (ITS) such as Closed Circuit Television (CCTV) cameras, Dynamic Message Signs (DMS), trail blazers, etc. The focus of this effort will be to evaluate the adequacy of the existing VMS 330 system and the communication system (hardwire, phone drops, etc) that the City is currently utilizing as the means of command and control for the monitoring and operation of its traffic signals. The findings and recommendations of this task will be presented to the City in a technical report outlining short term and long -range improvements with appropriate phasing for their implementation. The advantages and constraints of new and emerging technologies will be Meyer, Mahaddes Associates, Inc. An 11111 Co.I.Ay r Traffic Flow Optimization Project discussed in sufficient detail for the City staff to be able to make a value judgment and decide on the use and application of each recommendation. Furthermore, as part of this task, and based on the City's decision on the technological upgrade of the existing systems, MMA will prepare a preliminary design for an economical and cost effective Traffic Operation Center (TOC). This design will have sufficient details such as space requirement, a proposed room layout, and mechanical /electrical needs for such a facility. Deliverables: Technical report describing technology enhancement measures and the preliminary design of the TOC Task 5. Preparation of information brochure As part of its ongoing public relations effort, the City desires to improve its communication with the constituents it serves by preparing an information brochure describing the concepts of the traffic signal timing /coordination, and the results and benefits that the motoring public will receive from the Traffic flow Optimization Project. MMA will prepare a multi -page high quality brochure to help the public better understand the benefits and tradeoffs of traffic signal coordination as well as an explanation of the challenges in developing, implementing and monitoring such programs. This brochure will also discuss the results and benefits of the Traffic Flow Optimization Project and its effects on improving traffic circulation within the City of Newport Beach. The information brochure will be in 8.5" X 11.5" or other suitable format and will be between 8 and 12 pages in length. In preparing this brochure, MMA will work closely with the City staff, and other entities such as City's Commissions, HOAs, or members of the public (at the City's Project Manager's discretion and under his direction) to ensure that the public's main concerns and questions are adequately addressed in the final product. Deliverables: Elechronicfileofthe Information Brochure Meyer, Mohaddes Associates, Inc. an ueris Company Task 1.0 Project management 0 2.0 Signal timing & optimization 2.1 Intersection turning movement counts and existing conditions data collection 2.2 Field observations 2.3 Signal timing subsystem identification r� Month 1 2 3 4 2.4 Signal timing analysis and software selection 2.5 Development of micro - simulation models (if needed) 2.6 Implementation and fine - tuning of new traffic signal timing plans 2.7 Training of City staff 3.0 Recommendations for intersection improvements 4.0 Technology enhancement recommendations and preliminary design of Traffic Operations Center (TOC) 5.0 Preparation of information brochure wmmry womas �nrm+rae urm FcweWerese<cs /; ive,y (( rearcwreswrt s�marmce ieavwoor muwreoart LEGEND �rteort � nK arW�u rti vm�y eam {L w+ V�°wm�MU awe �wm d�mvn roccevw �unam>,uonurone2 5 6 7 City of Newport Beach FIGURE 1 /!/� ":y "°ue ° °S °n� °` `° ' Traffic Flow Optimization Project Project Schedule 0 i Meyer, MohaddesAssociates, Inc. Exhibit B An Exhibit B STANDARD FEE SCHEDULE STAFF LEVEL Principal/Vice President Associate Principal /Associate Vice President Senior Systems Engineer /Senior Program Manager Senior Software Engineer Senior Transportation Engineer/Planner Software Engineer Transportation/Systems Engineer Transportation Engineer/Planner Electronics Engineer Field Technician Associate Transportation Engineer/Planner Assistant Transportation Engineer/Planner Accounting/Financials Technical Support/Editing Graphics Support Computer Aided Drafting Support Administrative Support Standard Terms and Conditions HOURLY RATE $150-210 $130-180 $115-190 $110-185 $110-135 $ 65-130 $100-120 $ 80-105 $ 70 -130 $ 70- 90 $ 60- 85 $ 50- 85 $ 55 - 95 $ 40- 65 $ 40- 60 $ 35 - 60 $ 35- 65 • Invoices are due and payable within 30 days of date of invoice. Invoices outstanding over 30 days will be assessed a 1 1/4 percent service charge not to exceed the maximum allowable by law, for each 30 days outstanding beyond the initial payment period. • Project expenses will be billed at cost plus 10 percent for service and handling. Expenses include project - related costs, such as computer charges, subcontractor services, postage /delivery service, reproduction, transportation, and subsistence. Effective through Janua7y 1, 2003.