HomeMy WebLinkAbout08 - GIS Based Traffic Collision Database•
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 8
January 27, 2004
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Richard Edmonston, Transportation and Development Services Manager
949 - 644 -3311
red monston @city.newport- beach.ca. us
SUBJECT: GIS BASED TRAFFIC COLLISION DATABASE — APPROVAL OF
PROFESSIONAL SERVICES AGREEMENT WITH CROSSROADS
SOFTWARE, INC.
RECOMMENDATIONS:
1. Approve a Professional Services Agreement with Crossroads Software, Inc. of
Brea, California for development and implementation of a GIS Based Traffic
• Collision Database at a contract price of $50,000 and authorize the Mayor and
City Clerk to execute the Agreement.
2. Approve a Budget Amendment increasing revenue estimates by $50,000 in Fund
250 -4862, appropriate $50,000 in the Contributions Fund 250, and establish
expenditure Account No. 7251- C5200743 with a $50,000 balance.
DISCUSSION:
In 1995 the City solicited proposals for a computerized Traffic Records System (TRS)
and received only two responses. One of the goals was to have the TRS interface with
the City's GIS system, which at that time was a proprietary system. Only one of the
firms was interested in writing the specialized software that was required. The resultant
TRS never fully performed to our expectations. A couple of years ago our GIS platform
was changed to the family of software offered by ESRI which is much more widely used
for GIS applications of many types.
Crossroads Software, Inc. is the leading company in the field of GIS Based Traffic
Collision databases. Other local cities using this software include Costa Mesa,
Huntington Beach, Santa Ana, Dana Point, and Anaheim. Staff has spoken with
representatives of most of these cities and they are uniformly satisfied with the finished
product.
The scope of Crossroads Software, Inc.'s professional services will include the
development and implementation of a GIS based automated collision database system
SUBJECT: GIs Based Tratf c Collision Database - Approval of Professional Services Agreement with Crossroads Software, Inc.
January 27, 2004
Page 2
that will be accessible by both the Public Works and Police Departments. Training of
multiple staff members on the new system is also included. The new database system
will allow timely assessment of accident trends and identification of locations where
additional enforcement or engineering evaluations are needed. This will provide for
efficient deployment of staff resources with the goal of reducing accidents.
Funding Availability:
The City has received a grant from the California Office of Traffic Safety in the amount of
$50,000 for this project. All project expenditures up to this amount will be reimbursed by
the State. A Budget Amendment is required to establish the account and to pay the
consultant prior to the reimbursement from the State.
Upon approval of the recommended Budget Amendment, sufficient funds are available
in the following account for the project:
Account Description
GIS Collision Database
Environmental Review:
Not applicable for this project.
Prepared by:
Richard Edmonston, P.E.
Transportation and Development
Services Manager
Attachment: Professional Services Agreement
Account Number Amount
7251- C5200743 $50,000.00
Submitted by:
repne'n''/u - tfaaum
ublic yvorks Director
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PROFESSIONAL SERVICES AGREEMENT WITH
• CROSSROADS SOFTWARE, INC.
FOR GIS BASED TRAFFIC COLLISION DATABASE
THIS AGREEMENT is made and entered into as of this _ day of
2004, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation
( "City "), and CROSSROADS SOFTWARE, INC. a corporation whose address is 210
West Birch Street, Brea, California, 92821 ( "Consultant'), and 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 Geographic Information System (GIS) based
traffic collision database.
C. City desires to engage Consultant to develop, install, and test the GIS based
traffic collision database for use by the Public Works and Police Departments.
Additionally, Consultant shall provide training to both departments.
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member[s] of Consultant for purposes of Project shall be Jeff
Cullen.
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
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 list day of February, 2004, and
shall terminate on the 30th day of April, 2004, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
• Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference. The
3.
4.
City. may elect to delete certain tasks of the Scope of Services at its sole
discretion.
TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
Consultant shall perform the services in accordance with the schedule included
in Exhibit B. The failure by Consultant to strictly adhere to the schedule may
result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays due
to causes beyond Consultant's reasonable control. However, in the case of any
such delay in the services to be provided for the Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.1 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 that purportedly causes a delay. The
Project Administrator shall review all such requests and may grant
reasonable time extensions for unforeseeable delays that are beyond
Consultant's control.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by either telephone, fax, hand - delivery or mail.
COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to- exceed
basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
In no event shall Consultant's compensation exceed Forty -Six Thousand Five
Hundred Dollars and no /100 ($46,500.00) without additional authorization from
City. No billing rate changes shall be made during the term of this Agreement
without the prior written approval of City.
4.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant's bills shall include the name
of the person who performed the work, a brief description of the services
performed and /or the specific task in the Scope of Services to which it
relates, the date the services were performed, the number of hours spent
on all work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty
(30) days after approval of the monthly invoice by City staff.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in
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advance by City. Unless otherwise approved, such costs shall be limited
and include nothing more than the following costs incurred by Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. 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.
4.3 Consultant shall not receive any compensation for Extra Work without the
prior written authorization of City. As used herein, "Extra Work" means
any work that is determined by City to be necessary for the proper
completion of the Project, but which is not included within the Scope of
Services and which the parties did not reasonably anticipate would be
necessary at the execution of this Agreement. Compensation for any
authorized Extra Work shall be paid in accordance with the Schedule of
Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable times
during the Agreement term. Consultant has designated Jeff Cullen to be its
Project Manager. Consultant shall not remove or reassign the Project Manager or
any personnel listed in Exhibit A or assign any new or replacement personnel to the
Project without the prior written consent of City. City's approval shall not be
unreasonably withheld with respect to the removal or assignment of non -key
personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously fumish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department.
Richard Edmonston shall be 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.
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7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's
work schedule.
B. Provide blueprinting and other services through City's reproduction
company for bid documents. Consultant will be required to coordinate the
required bid documents with City's reproduction company. All other
reproduction will be the responsibility of Consultant and as defined above.
C. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the services required by this
Agreement, and that it will perform all services in a manner commensurate
with 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.
8.2 Consultant represents and warrants to City that it has or shall obtain all
licenses, permits, qualifications, insurance and approvals of whatsoever
nature that are legally required of Consultant to practice its profession.
Consultant further represents and warrants to City that Consultant shall, at
its sole cost and expense, keep in effect or obtain at all times during the
term of this Agreement, any and all licenses, permits, insurance and other
approvals that are legally required of Consultant to practice its profession.
Consultant shall maintain a City of Newport Beach business license during
the term of this Agreement.
8.3 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, or acts of God, or the failure of City
to furnish timely information or to approve or disapprove Consultant's work
promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents
and employees (collectively, the "Indemnified Parties) from and against any and
all claims (including, without limitation, claims for bodily injury, death or damage
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to property), demands, obligations, damages, actions, causes of action, suits,
• losses, judgments, fines, penalties, liabilities, costs and expenses (including,
without limitation, attorney's fees, disbursements and court costs) of every kind
and nature whatsoever (individually, a Claim; collectively, "Claims "), which may
arise from or in any manner relate (directly or indirectly) to any work negligently
performed or services provided under this Agreement (including, without
limitation, defects in workmanship or materials and /or design defects [if the
design originated with Consultant]) or Consultant's presence or activities
conducted on the Project (including the negligent and /or willful acts, errors and /or
omissions of Consultant, its principals, officers, agents, employees, vendors,
suppliers, consultants, subcontractors, anyone employed directly or indirectly by
any of them or for whose acts they may be liable or any or all of them).
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
active negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any
action on or to enforce the terms of this Agreement. This indemnity shall apply to
all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by the Consultant.
10. INDEPENDENT CONTRACTOR
. It is understood that City retains Consultant on an independent contractor basis and
Consultant is not an agent or 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 approval for 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 means of
performing the work, provided that Consultant is in compliance with the terms of
this Agreement. Anything in this Agreement that may appear to give City the right
to direct Consultant as to the details of the performance or to exercise a measure of
control over Consultant shall mean only that Consultant shall follow the desires of
City with respect to the results of the services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated Project
Administrator and any other agencies that may have jurisdiction or interest in the
work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points
. in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
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13. PROGRESS
Consultant is responsible for keeping the Project Administrator and /or his /her
duly authorized designee informed on a regular basis regarding the status and
progress of the Project, activities performed and planned, and any meetings that
have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of work. Consultant shall obtain, provide and maintain at its own expense during
the term of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an •
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
D. Coverage Requirements.
i. Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Consultant shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days prior to such change. The insurer shall
agree to waive all rights of subrogation against City, its officers,
agents, employees and volunteers for losses arising from work
performed by Consultant for City. .
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ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each occurrence.
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with
respect to liability arising out of work performed by or on behalf of
the Consultant.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self- insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
• vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either party
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except after thirty (30) calendar days written notice has been
received by City. 0
F. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
G. Additional Insurance. 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.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: 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
cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy,
which shall result in changing the control of Consultant. 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. •
16. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of
Consultant. Assignments of any or all rights, duties or obligations of the
Consultant under this Agreement will be permitted only with the express written
consent of City. Consultant shall not subcontract any portion of the work to be
performed under this Agreement without the prior written authorization of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents'), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for
reuse by City or others on any other project. Any use of completed Documents •
for other projects and any use of incomplete Documents without specific written
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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 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.
18. COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer or
architect in charge of or responsible for 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 original drawings shall be submitted to City in the version of AutoCAD used by
City in ".dwg" file format on a CD, and should comply with the City's digital
submission requirements for Improvement Plans. The City will provide AutoCAD
file of City Title Sheets. All written documents shall be transmitted to City in the
City's latest adopted version of Microsoft Word and Excel.
• 19. CONFIDENTIALITY
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All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes in writing the release of information.
20. 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 compared to contractor bids or actual cost to City.
21. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all 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
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22. 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 and any services,
expenditures and disbursements charged to City, for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to
Consultant under this Agreement All such records and invoices shall be clearly
identifiable. Consultant shall allow a representative of City to examine, audit and
make transcripts or copies of such records and invoices during regular business
hours. 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 to Consultant under this Agreement.
23. WITHHOLDINGS
City may withhold payment to Consultant 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 as a result of such withholding. Consultant
shall have an immediate right to appeal to the City Manager or his /her designee
with respect to such disputed sums. Consultant shall be entitled to receive
interest on any withheld sums at the rate of return that City earned on its
investments during the time period, from the date of withholding of any amounts
found to have been improperly withheld.
24. 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 what
would have resulted if there were not errors or omissions in the work
accomplished by Consultant, the additional design, construction and /or
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.
25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
26. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose any 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.
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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 immediate
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.
27. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, to City by Consultant 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. All notices, demands, requests or approvals
from Consultant to City shall be addressed to City at:
Attn: Richard Edmonston
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Phone: 949 - 644 -3345
Fax: 949 - 644 -3318
Email: rdmonston@city.newport-beach.ca.us
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Attn: Jeff Cullen
Crossroads Software, Inc.
210 West Birch Street
Brea, CA 92821
Phone: 714- 990 -6433
Fax: 714 - 990 -5628
28. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of this
Agreement at the time and in the manner required, 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) calendar days, or if more than two (2) calendar days are
reasonably required to cure the default and the defaulting party fails to give
adequate assurance of due performance within two (2) calendar days after receipt
of written notice of default, specifying the nature of such default and the steps
necessary to cure such default, the non - defaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
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seven (7) calendar days prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for services satisfactorily
performed and costs incurred up to the effective date of termination for which
Consultant has not been previously paid. On the effective date of termination,
Consultant shall deliver to City all reports, Documents and other information
developed or accumulated in the performance of this Agreement, whether in draft
or final form.
29. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
30. 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.
31. 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 herein.
32. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement and
the Scope of Services or any other attachments attached hereto, the terms of this
Agreement shall govern.
33. AMENDMENTS
This Agreement may be modified or amended only by a written document executed
by both Consultant and City and approved as to form by the City Attorney.
34. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
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35. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to A and any action brought relating to this Agreement shall be adjudicated
in a court of competent jurisdiction in the County of Orange.
36. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
Robin Clauson,
Assistant City Attorney
for the City of Newport Beach
ATTEST:
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
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Tod W. Ridgeway, Mayor
for the City of Newport Beach
CROSSROADS SOFTWARE, INC.:
By:
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
f: \users\pbw\shared\agreements \fy 03- 04\crossroad"is traffic collision.doc
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City of Newport Beach 0
GIS -Based Collision Database and Analysis System
SCOPE OF SERVICES
I. Traffic Collision Database Software
Crossroads Software will work directly with the City of Newport Beach's Traffic Engineering
and Police Departments to determine the optimal sources of traffic collision records and the best
methods for inputting and maintaining those records in our proposed Traffic Collision Database
System. Options will likely include a combination of State -Wide Integrated Traffic Reporting
System ( SWITRS) data, existing police department records, and/or direct data input. The
Crossroads Software team will work closely with the City of Newport Beach's staff to define a
streamlined approach to maintain an automated collision records system. For example, the City
might want to use a combination of limited data inputted directly from the collision reports with
more detailed information available quarterly from SWITRS. This approach provides access to
updated information when necessary but minimizes the resources that are needed to maintain the
database system.
Crossroads Software will provide the Traffic Collision Database System to fulfill the City of
Newport Beach's traffic collision, citation, and GIS analysis and records management
requirements. The Collision Database has an intuitive design and is user - friendly, making it easy
to learn and intuitive to use. Users don't need to be computer systems analysts to get fast,
accurate information from the Database. The complete software package is a full- featured
relational database management system running under Microsoft Windows that offers inputting,
editing, storing, retrieving, and analyzing of collision record and citation data.
With its records management, querying, and reporting capabilities, the Traffic Collision
Database can provide the type of accurate, analytical information necessary in helping traffic
engineering and police departments to understand collisions and collision patterns in their city.
Data Input
Data input into the Collision Database System can be accomplished by any of several methods.
SWITRS records can be automatically read in at the touch of a button. Because SWITRS
records are only available quarterly, the System provides other methods for data input. Collision
records can be inputted using on- screen forms that utilize drop -down lists, enabling the user to
pick entries from configured lists. This helps to expedite entry and to reduce errors. The
Collision Database System also provides a "short form" input in which the user enters only the
most relevant data, including date, time, location, cause, extent of injury, party types, directions
of travel, and movements preceding collision. This information can be entered quickly without
sacrificing the requisite amount of data to do the most effective queries and collision diagrams.
The Crossroads Software team will make recommendations on the preferred data sources to use
for this project.
E MBIT A
This system will easily hold three years of collision data for the City of Newport Beach. The
system can also archive and delete collision records as additional years of data are added.
Data Verification
The biggest single challenge in producing an accurate traffic collision records system is the
ability to verify the street name information for each collision record. This is essential because
database management programs are very exacting in the execution of queries, hence the street
names used to store the location information must be perfectly accurate. Officers reporting a
collision will, however, use a variety of spellings or abbreviations for street names and will often
use the incorrect "family name" (i.e. Street, Road, Avenue, etc.) or no family name at all, which
causes the results of queries to be inaccurate. One of the strongest features of the Crossroads
Software Collision Database System is its ability to resolve conflicts in the reporting of street
names. The system keeps a table of all actual street names in the city along with a street layout
table that defines the relationship of streets in the system by storing the distance and direction
between adjacent intersections. One additional table, the Street Alias Table, is used to store
common misspellings and abbreviations used by reporting officers.
The Collision Database System uses these tables to verify and correct all collision location
information for each collision record. The first time the data is loaded for the City of Newport
Beach, it should take the user of this system approximately one hour to verify location
. information for an entire year's worth of data. As the Street Alias Table is expanded, the time
required to verify street names become substantially reduced. Once the street names have been
verified, queries can be run on both intersection and mid -block queries with near perfect
accuracy.
Collision Diagrams
The Crossroads Software Collision Database features a presentation - quality color collision
diagram generator. Users can manually specify the data parameters for the collision diagram,
including or excluding various types of collision data. These easy -to -read diagrams, which
display individual collisions along with specific collision information, can be printed on any
Windows - compatible printer.
Reports and Queries
The Crossroads Software Collision Database provides a variety of substantive, informative
queries and collision reports that offer maximum flexibility for selecting just the collision
information the user needs.
Standard reports include:
• High Incidence Location Report. This query lets the user select any number of top
locations to report on. This query will rank the top twenty locations (or any number the user
2
chooses) by collision frequency or collision rate. Users may rank mid -block segments just as •
they would intersections.
• Intersection Historical Report. This query outputs a report of the collision history and
collision rate information at any selected intersection for a specified period of time.
Collision diagrams are also produced with the same query now.
• Mid -block Historical Report. The report generated from this query yields the collision
history and collision rate information for any selected mid -block segment. Segments are
selected on the query screen by choosing the arterial and then picking two limiting cross
streets. This allows the users to select any segment length they want. In addition to selecting
varying segment lengths, users may also define mid -block collisions. The user simply
specifies a distance from an intersection that qualifies a collision as mid - block. Different
distances may be specified for both rear -end and non rear -end collisions. Another unique
feature is the option to use the direction of travel and movement - preceding - collision of each
vehicle to ascertain that at least one vehicle was traveling on or turning onto the arterial. This
allows users to weed out data such as rear -end collisions on cross streets that have no direct
relationship to the selected arterial. Users are then assured of identifying only the collisions
on the roadway being analyzed.
• General Query. This powerful, general - purpose query allows the user to query all collision
data in the system by selecting a wide variety of search parameters to limit or expand the •
reported information. Not only can users run the query by collision, party, victim, and
conditions information, but they can also set very specific search values, including distance,
direction, collision type, degree of injury, vehicle information, movement preceding
collision, weather conditions, road conditions, and much more.
All reports and queries allow users to specify the resulting information by selecting date and time
periods, distances, primary collision factors, degree of injury, hit and run status, collision type,
party involved with, pedestrian action, lighting, and other relevant fields. These queries can also
be limited by other factors including road type or traffic volume characteristics. Users also have
the flexibility to define what constitutes an intersection collision by specifying limiting distances
for both rear -end and non rear -end collisions. One could, for example, define an intersection
collision as all collisions within 50 feet of an intersection and within 150 feet of an intersection
for any collision with a collision type of "rear- end." This allows users to secure the most relevant
data for their traffic engineering needs. Color -coded bar graphs and pie charts are available to
graphically represent the results of these summary reports.
Summary Reports
Reports showing a breakdown of collision factors, collision types, vehicles involved with,
movements preceding collision, among other collision record parameters are available at the
click of a button for any date range requested. Bar graphs and pie charts are available to
graphically represent the results of these summary reports.
•
3
E
Custom Reports
The Crossroads Software Collision Database System has a modular design, allowing custom
designed reports and queries to be easily added to the system.
Traffic Counts Management Program
A separate database for storing and managing traffic count information will be provided with the
Collision Database Package. The Counts Management system allows input of 24 -hour and
turning movement counts by manual input using on- screen forms. A query module produces
reports for locations whose counts are older than a specified date, locations with specified
average daily traffic volumes, or certain count characteristics. This system also provides the
traffic count information needed by the collision database to calculate collisions rates.
Traffic Citation Statistics
The Collision Database System includes a module to maintain a database of Traffic Citation
Information. Reports that are output by this system include a Citation Log, a breakdown of
monthly collision factors vs. citations, enforcement index calculation, Bicycle Collision
• Summary Report, Pedestrian Collision Summary Report, a Traffic Collision Log and a DUI Log.
The system stores officer information, which allows the user to do queries based on officer duty
type (i.e. Traffic Bureau vs. Patrol).
Laptop Input Module
The Crossroads Software package includes a laptop computer input module that allows inputting
and editing of collision records and the generating of reports locally on a laptop computer or a
stand -alone desktop computer (not connected to a network). The records and reports in the input
module can be electronically transferred to the main Collision Database System. The output
from the module replicates the State of California Traffic Collision Report (CHP 555) form.
II. Computer Hardware Specifications
Generally, the Collision Database System should be run on a computer that meets these minimal
requirements:
Pentium 600Mhz or faster
60 MB free hard drive space
32MB of RAM
CD -ROM drive
• Windows, any version
Windows- compatible printer
III. Geographic Information System (GIS) Mapping Software
The Crossroads Software Collision Database System produces electronic, printable GIS maps
displaying graphical summaries of collision information and patterns. These GIS maps not only
tell traffic engineering and police departments where collisions are occurring; they also help
department personnel understand collision patterns so that they can take measures to prevent
collisions.
Users can select specific collisions from the electronic GIS map and view collision report
information directly. They can also highlight high -rate or high- frequency collision intersections
and mid -block segments along with citation data to determine if relationships exist between the
collisions and enforcement activities. Using existing GIS maps available from the City of
Newport Beach, Crossroads Software will edit the map so that the most accurate updated
roadway information is available to the Collision Database System. These map enhancements
are necessary for accurately tracking and displaying collisions.
V. Implement the Traffic Collision and GIS Mapping Software System
The Crossroads Software Traffic Collision Database System allows users to import SWITRS
files and input all the data needed to verify street names and calculate collision rates. In order to
deliver a fully operational GIS -Based Traffic Collision Database System to the City of Newport
Beach, the following items will be completed:
• A master table of all street names in the City.
• A street layout table consisting of all roadway segments with distances between cross - streets
and compass orientation for use with the Collision Database System.
• The most current twenty-four hour traffic count information available from the City of
Newport Beach entered into the Counts Management Program module.
• Three years of SWITRS collision records or existing police department records electronically
imported into the Collision Database System and corrected for location and street name
discrepancies using the master list of street names.
• Edit the GIS map of Newport Beach to ensure the accuracy of the information mapped by the
System.
• Licensed version of the Collision Database and GIS module setup, fully integrated and •
installed in the Traffic Engineering Department offices and the Police Department.
0 VI. Training and Support
u
J
Crossroads Software will provide two days of training emphasizing "hands -on" use of the
Collision Database System. Each day's training session will be approximately six hours. In
addition to training, Crossroads Software will also provide a detailed user manual (three copies).
The City of Newport Beach will receive continuous telephone and online support to answer
technical questions and to upgrade the software as the need arises.
0
City Of Newport Beach Collision
Database Project
Project Schedule
Key milestones for deliverables are noted below.
Weeks from Notice to Proceed
Project Kickoff :............
................. ............................... 0 Weeks
Initial Windows based Collision Database System * .... ............................... 6 Weeks
Final Windows based Collision Database System* ..... ............................... 8 Weeks
Installation of the GIS based Collision and Mapping System * ................ 6 Weeks
First training session ................................................... ............................... 6 Weeks
Follow -up training session .......................................... ............................... 8 Weeks
Total Project Duration : 8 Weeks
13
is
•
Cost Proposal
For:
City of Newport Beach
Item No Item Description
1 Collision Database System (Master License)
2 GIS Collision Mapping Module (Master License)
3 Collision Database System (Second Site License
for Police Department)
4 GIS Collision Mapping Module (Second Site
License for Police Department)
5 Review and edit a GIS centerline map of the City
6 Electronic Input and Verification of SWITRS traffic
collision data for three years
7 Input current traffic volume information
8 Street Layout Table (Labor)
9 ArcView License
10 Laptop (555 Collision Form) input module
11 Training and Installation (two training sessions -
six hours each)
Item No Item Description
0
Crossroads Software
210 W Birch Street, Suite 207
Brea, CA 92821
Number: CP 04 -5
Quantity Price Taxable Amount
1 $8,900.00 Yes $8,900.00
1 $4,900.00
Yes
$4,900.00
1 $5,340.00
Yes
$5,340.00
1 $2,940.00
Yes
$2,940.00
1 $4,200.00
No
$4,200.00
1 $3,800.00
No
$3,800.00
1 $2,950.00
No
$2,950.00
1 $4,600.00
No
$4,600.00
2 $1,995.00
Yes
$3,990.00
1 $950.00
Yes
$950.00
1 $1,800.00
No
$1,800.00
Quantity Price Taxable . Amount
Sub Total 544.370.00
Sales Tax 7.75% on 5'17,010.00 52.094.05
Total 5'46,464.05
ffiIBIT B
City of Newport Beach
BUDGETAMENDMENT
2003 -04
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
X Increase Expenditure Appropriations
Transfer Budget Appropriations
SOURCE:
from existing budget appropriations
X from additional estimated revenues
from unappropriated fund balance
EXPLANATION:
NO. BA- 027
AMOUNT:1 $50,000.00 0
Increase in Budgetary Fund Balance
AND Decrease in Budgetary Fund Balance
PX No effect on Budgetary Fund Balance
This budget amendment is requested to provide for the following:
To increase revenue estimates and expenditure appropriations related to receipt of an OTS Grant for a GIS based
Traffic Collision Database.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Amount
Fund Account Description
Debit Credit
i
• REVENUE ESTIMATES (3601)
Fund /Division Account Description
250 4862 Contributions - OTS
$50,000.00
EXPENDITURE APPROPRIATIONS (3603)
Description
Division Number 7251 Contributions
Account Number C5200743 GIS Collision Database
$50,000.00
Division Number
Account Number
Division Number
Account Number
Division Number
Account Number
Automatic System Entry.
Signed:
Financial Approval: Admimstrati Services Director
Date
Signed: ��
V D
Administrative App val: City Manager
Date
Signed:
City Council Approval: City Clerk
Date
City of Newport Seas ' b
BUDGET AMENDMENT
2003 -04
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
X Increase Expenditure Appropriations
Transfer Budget Appropriations
SOURCE:
from existing budget appropriations
X from additional estimated revenues
from unappropriated fund balance
EXPLANATION:
AMOUNT: X50,000,00
Increase in Budgetary Fund Balance
AND Decrease in Budgetary Fund Balance
X No effect on Budgetary Fund Balance
This budget amendment is requested to provide for the following:
To increase revenue estimates and expenditure appropriations related to receipt of an OTS Grant for a GIB based
Traffic Collision Database.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account Description
REVENUE ESTIMATES (3601)
Fund /Division Account
Description
250 4862
Contributions - OTS
EXPENDITURE APPROPRIATIONS (3603)
Description
Division
Number 7251
Contributions
Account
Number C5200743
GIB Collision Database
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Signed:
/✓ C �
R ,
Financial Approval: Administrate e Services Director
Signed:
Q) r'w�c�/ /.
Signed
City Council Approval: City Clerk
Amount
Debit Credit
$50,000.00
Automatic
$50,000.00
Date
Da
{{ / te
//
Date