HomeMy WebLinkAboutC-3918 - PSA for Traffic Project ManagementNle
AMENDMENT NO. FIVE TO
PROFESSIONAL SERVICES AGREEMENT WITH
RICHARD M. EDMONSTON FOR
TRAFFIC PROJECT MANAGEMENT
THIS AMENDMEN -Lr O. Fly PROFE SIONAL SERVICES AGREEMENT,
is entered into as of this ay c , 2009, by and between the CITY
OF NEWPORT BEACH, a Municipal Corporation ( "CITY"), and RICHARD M.
EDMONSTON, an individual, whose address is 8792 Gallant Drive, Huntington Beach,
California 92646 ("CONSULTANT "), and is made with reference to the following:
RECITALS:
A. On February 27, 2007, CITY and CONSULTANT entered into a Professional
Services Agreement, hereinafter referred to as "AGREEMENT," for traffic
improvement project management services for the City Capital Improvement
Projects, hereinafter referred to as "PROJECT."
B. CITY and CONSULTANT have entered into four separate AMENDMENTS of the
AGREEMENT, the latest dated July 8, 2009.
C. CITY desires to enter into this AMENDMENT NO. FIVE to reflect additional
services not included in the AGREEMENT or prior AMENDMENTS, to extend the
term of the AGREEMENT to March 31, 2010 and to increase the total
compensation.
D. CITY desires to compensate CONSULTANT for additional professional services
needed for PROJECT.
E. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter
referred to as "AMENDMENT NO. FIVE," as provided here below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM
The term of the AGREEMENT shall be extended to March 31, 2010.
2. ADDITIONAL SERVICES TO BE PERFORMED
In addition to the services to be provided pursuant to the AGREEMENT and
AMENDMENT NOS. ONE through FOUR, CONSULTANT shall diligently perform
all the services described in AMENDMENT NO. FIVE, including but not limited to,
all work set forth in the Scope of Services attached hereto as Exhibit A and
incorporated herein by reference. The City may elect to delete certain tasks of
the Scope of Services at its sole discretion.
3. COMPENSATION
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 to the AGREEMENT. Consultant's total amended
compensation for all work performed in accordance with this Agreement,
including all reimbursable items and subconsultant fees, shall not exceed Ninety -
Seven Thousand, Five Hundred Dollars and no/100 ($97,500.00) without
prior written authorization from City,
3.1 The amended compensation reflects Consultant's additional
compensation for additional services to be performed in accordance with
this AMENDMENT NO. FIVE, including all reimbursable items and
subconsultant fees, in an amount not to exceed Six Thousand Dollars and
no/100 ($6,000.00), without prior written authorization from City.
4. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in AGREEMENT shall remain unchanged and shall be in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO.
FIVE on the date first above written.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
n
By:
ynetto a h mp,
Assistant City Att ney
ATTEST:
In
Leilani I. Brown,
City Clerk
Attachment
CITY OF NEWPORT BEACH,
A Municipal Corporoion
Ken G. Badum,
lic Works Director
RICHARD M. EDMONSTON:
mill�
�� PORr Rich rd M. Edmonston,
Owner
p�
<J F00.Nr'' F
Exhibit A — Additional Services to be Performed
Pa
EXHIBIT A
Richard M. Edmonston, PE
8792 Gallant Drive
Huntington Beach, CA 92646
(714) 720-1556
September 8, 2009
Stephen G. Badum
Public Works Director
City of Newport Beach
PO Box 1768
Newport Beach, CA 92658-8915
Subject: Amendment No. 5 to Professional Services Agreement
Dear Mr. Badum:
I am requesting that the Professional .Services Agreement originally approved by the City
Council on February 27, 2007 be amended to extend the completion date to March 31,
2010 and additional funding in the amount of $6000. This would be Amendment No. 5.
Amendment No. 4 was approved on July 8, 2009 and extended the term of the Agreement
to December 31, 2009. At that time no additional funding was anticipated to be required.
Subsequent to the approval of Amendment No. 4, considerable additional work was
determined to be necessary in order to finalize the update to the Fair Share Fee, Task Ion
the Scope of Work. This topic has been and continues to be subject to numerous external
influences which make it difficult to establish both a firm schedule and budget. I
anticipate this will require up to an additional 50 hours to attend various meetings and
prepare staff reports and the final ordinance and resolution to implement the update.
I am requesting an additional 10 hours be included in Task 7, Miscellaneous, to cover
requests for assistance on topics such as the ongoing negotiations with the City of Irvine
and discussions related to the various area parking studies. All the remaining Tasks are
anticipated to be completed within the existing budgeted amounts.
Sincerely,
4p, aalpl- h�—
Richard M. Edmonston, PE
AMENDMENT NO. FOUR TO
PROFESSIONAL SERVICES AGREEMENT WITH
RICHARD M. EDMONSTON
FOR TRAFFIC PROJECT MANAGEMENT
THIS AMENDMENT NO. FOT}� TO PROFE SIONAL SERVICES
AGREEMENT, is entered into as of this rn day of _'2009, by and
between the CITY OF NEWPORT BEACH, a Munit
l Co oration ("CITY"), and
RICHARD M. EDMONSTON, an individual, whose ress is 8792 Gallant Drive,
Huntington Beach, California, 92646 ("CONSULTANT"), and is made with reference to
the following:
RECITALS:
A. On February 27, 2007, CITY and CONSULTANT entered into a Professional
Services Agreement, hereinafter referred to as "AGREEMENT", for Traffic
Improvement Project Management services for the City Capital Improvement
Projects, hereinafter referred to as "PROJECT".
B. CITY and CONSULTANT have entered into three separate AMENDMENTS of
the AGREEMENT, the latest dated March 10, 2009.
C. CITY desires to enter into this AMENDMENT NO. FOUR to reflect additional
services not included in the AGREEMENT or prior AMENDMENTS and to extend
the term of the AGREEMENT to December 31, 2009.
D. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter
referred to as "AMENDMENT NO. FOUR", as provided here below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. In addition to the services to be provided pursuant to the AGREEMENT and
AMENDMENT NOS. ONE, TWO, and THREE, CONSULTANT shall diligently
perform all the services described in AMENDMENT NO. FOUR, including but not
limited to, all work set forth in the Scope of Services attached hereto as Exhibit A
and incorporated herein by reference. The City may elect to delete certain tasks
of the Scope of Services at its sole discretion.
2. The term of the AGREEMENT shall be extended to December 31, 2009.
3. Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the AGREEMENT shall remain unchanged and shall be in full force
and effect.
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO.
FOUR on the date first above written.
APPROVED AS TO FORM:
Wy
n e . champ
Assistant City Attorney
for the City of Newport Beach
ATTEST:
By: -
Leilani Brown,
City Clerk Q'��
for the City of Newport Be �Y�
CITY OF NEWPORT BEACH,
A Municipal C4Wtion
21
eZFadum
Director
Newport Beach
RICHARD M. EDMONSTON:
Attachment: Exhibit A — Scope o
EXHIBIT A
Richard M. Edmonton, PE
8792 Gallant Drive
Huntington Beach, CA 92646
(714) 720-1556
June 14, 2009
Stephen G. Badum
Public Works Director
City of Newport Beach
PO Box 1768
Newport Beach, CA 92658-8915
Subject: Amendment to Professional Services Agreement
Dear Mr. Badum:
I am proposing that the Professional Services Agreement that was approved by the City
Council on February 27, 2007 be extended to the end of this calendar year with
Amendment No. 4. Amendment No. 3 was approved on March 10, 2009 and extended
the length of the Agreement to June 30, 2009. No additional funding is being requested
and none is anticipated unless changes to the scope of services are made.
It is anticipated that all the remaining tasks will be completed in approximately four
months. However, one of the remaining tasks, updating the Fair Share Fee, has proven to
have factors influencing the completion that are beyond my control. For this reason I
believe it would be appropriate to extend the contract until December 31, 2009.
Sincerely,
Richard M. Edmonston, PE
• CIMIG
AMENDMENT NO. 3
TO PROFESSIONAL SERVICES AGREEMENT
WITH RICHARD M. EDMONSTON
FOR TRAFFIC PROJECT MANAGEMENT
THIS AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT, is
entered into as of this 1t7 day of MAY 200 � , by and between the CITY
OF NEWPORT BEACH, a Municipal Corporation ( "CITY "), and RICHARD M.
EDMONSTON an individual, whose address is 8792 Gallant Drive, Huntington Beach,
California 92646 ( "CONSULTANT "), and is made with reference to the following:
RECITALS:
A. On February 27, 2007, CITY and CONSULTANT entered into a Professional
Services Agreement, hereinafter referred to as "AGREEMENT ", for Traffic
Improvement Project Management services for the City's Capital Improvement
Projects, hereinafter referred to as "PROJECT ". This Agreement expired on June
30, 2007.
B. CITY and CONSULTANT have entered into two separate Amendments of the
AGREEMENT, the latest dated August 18, 2008.
C. CITY desires to enter into this AMENDMENT NO. THREE to reflect additional
services not included in the AGREEMENT or prior AMENDMENTS and to extend
the term of the AGREEMENT to June 30, 2009.
D. CITY desires to compensate CONSULTANT for additional professional services
needed for PROJECT.
E. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter
referred to as "AMENDMENT NO. THREE ", as provided here below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. In addition to the services to be provided pursuant to the AGREEMENT and
AMENDMENT NOS. ONE and TWO, CONSULTANT shall diligently perform all
the services described in AMENDMENT NO. THREE including, but not limited to,
all work set forth in the Scope of Services attached hereto as Exhibit A and
incorporated herein by reference. The City may elect to delete certain tasks of
the Scope of Services at its sole discretion.
2. 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 to the AGREEMENT. Consultant's compensation for all
work performed in accordance with this AMENDMENT NO. THREE, including all
reimbursable items and subconsultant fees, shall not exceed Fifteen Thousand
Five Hundred Dollars and no/100 ($15,500.00) without prior written
authorization from City.
3. The term of the AGREEMENT shall be extended to June 30, 2009.
4. Except as expressly modified herein, all other provisions, terms, and covenants
set forth in AGREEMENT shall remain unchanged and shall be in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO.
THREE on the date first above written.
APPRO ED AS TO FOR CITY OF V�IP0RTaBAA Mun.ct I Cor ra
-� JBy:
Aaron C. Harp, Assistant City Attorney Ma or
for the City of Newport Beach for the City of Newport Beach
ATTEST: CONSULTANT:
By: By: 4"
49 c-'��
Leilani Brown, (Corporate Officer)
City Clerk EWPp�
p� Title:
Un Print Name:?/C.'� A-y'a� M. �f-tonS7b h
Cqj, po R tA*.P
By:
(Financial Officer)
Title:
Print Name:
Attachments: Exhibit A — Scope of Services
F:\users\cat\shared\ContractTemplates Pub IishedonIntranet\FORMPSAAmendment.doc
• •
Richard M. Edmonston, PE
8792 Gallant Drive
Huntington Beach, CA 92646
(714) 720-1556
February 10, 2009
Stephen G. Badum
Public Works Director
City of Newport Beach
PO Box 1768
Newport Beach, CA 92658 -8915
Subject: Amendment to Professional Services Agreement
Dear Mr. Badum:
I am proposing that the Professional Services Agreement (PSA) that was approved by the
City Council on February 27, 2007 be amended again to extend the termination date and
provide a small amount of additional funding to complete the projects covered by the
agreement. The first amendment was approved in early 2007 and a second amendment
was approved in 2008 which extended the termination date. At the time of the second
amendment it was agreed we would wait to amend the budget until we had a clearer
picture of certain tasks.
The original Scope did not anticipate time specifically for addressing the City's concerns
related to the residential development in the IBC area of the City of Irvine or to help
analyze proposals for the residential units allowed in the airport area under Newport
Beach's new General Plan. A line item and budget amount was established in
Amendment No. 1 for this, but the work has exceeded the budgeted hours.
Approximately twenty (20) hours beyond the number budgeted have been needed to
complete the work performed to date. The City has asked me to be involved in the
review of Irvine's IBC Vision Plan Transportation Study which includes a significant
portion of Newport Beach within the study area. I anticipate this effort will require
twenty-four (24) hours of additional time.
The Fair Share Fee Update task has taken considerably longer than initially thought and
likely will not be completed for another two to three months. It is anticipated that the
Update will be presented to the General Plan Implementation Committee next month and
will likely go to the City Council in March or April based upon the current schedule. As
of the year end, this task had required eighty -two (82) hours more work than budgeted
and I estimate an additional twenty -three (23) hours will be required to prepare the final
staff reports and attend the various meetings with the BIA, General Plan Implementation
Committee, and City Council.
The rewrite of Chapter 12 of the Municipal Code is nearly complete. It is scheduled to be
reviewed by the Traffic Affairs Committee this month with submittal to City Council in
February. At this time the existing budgeted hours have been fully used and an additional
six (6) hours should cover the remaining tasks including preparation of the Council
memo and accompanying ordinances and resolutions.
All other project tasks will be completed within the existing budgeted number of hours.
In reviewing the remaining work I believe the PSA should be amended to provide a
termination date of June 30, 2009. Additional funding of $15,500 is requested based on
the additional hours needed by the Fair Share Fee Update, Airport Area residential
development, and finalizing the Rewrite of Municipal Code Chapter 12.
Sincerely,
Ri hard M. Edmonston. PE
0
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
tap 1 n 7Pna
C-�ter
Agenda Item No. 6
March 10, 2009
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Stephen G. Badum
949 - 644 -3311 or sbadum @city.newport- beach.ca.us
SUBJECT: APPROVAL OF AMENDMENT NO. 3 TO PROFESSIONAL SERVICES
AGREEMENT WITH RICHARD EDMONSTON FOR PROJECT
MANAGEMENT SERVICES
RECOMMENDATION:
Approve Amendment No. 3 to Professional Services Agreement with Richard Edmonston,
of Huntington Beach, California, for project management at a not to exceed price of
$15,500 and authorize the Mayor and City Clerk to execute the Agreement.
DISCUSSION:
On February 27, 2007 the City Council approved a Professional Services Agreement
with Richard Edmonston for project management services. Mr. Edmonston, the former
Transportation and Development Services Manager, retired from the City on December
31, 2006, and was hired back as a part-time consultant to work on several tasks to aide
in backfilling his former position. The City Council approved an amendment to this
agreement at its January 8, 2008 meeting adding additional services and time to the
agreement. Subsequently, the agreement was amended on August 18, 2008 to extend
the term.
Mr. Edmonston's scope of services included updating the Fair Share Fee program for
compliance with the new General Plan; finalizing the Traffic Signal Master Plan
Replacement Program; preparing a procedures manual for traffic study guidelines;
assisting staff with the ongoing traffic signal timing updates and Traffic Signal
Modernization project; preparing a traffic and development policy and procedures
manual; rewriting and updating Chapter 12 of the City's Municipal Code; and providing
miscellaneous staff assistance with complex ongoing projects such as review of
impacts from City of Irvine development in the Irvine Business Complex (IBC) and
analysis of traffic impacts of development transfers in the Newport Center area.
Several of these tasks required unanticipated levels of complexity from the original
scope of services and has prolonged the required time for completion. In particular, the
development community had many comments on the Fair Share Fee, and Irvine has
Approval of Amendmoo. 3 to Professional Services Agreement with RichOdmonston for Project Management
March 10, 2009
Page 2
recently provided a draft traffic study for the IBC Vision Plan for our review. Mr.
Edmonston is requesting an additional 155 hours to complete the remaining tasks and
to extend the term of the agreement to June 30, 2009. The proposed hourly rate will
remain at $100 per hour for a not to exceed cost of $15,500.
Per City Council Policy F -20, City Council approval is required for all temporary
contracts with former City employees.
Funding Availability:
Upon approval of the recommended Budget Amendment, sufficient funds are available
in the following account for the project:
Account Description
Transportation and Development
Services Professional and Technical
Submitted by:
3aum
Director
Attachment: Amendment No. 3
Account Number
5200 -8080
Total:
Amount
$15,500
$15,500
THIS AMENDMENT
into this _ day of
NEWPORT BEACH,
• • C-'q jl
AMENDMENT NO. 2
TO
PROFESSIONAL SERVICES AGREEMENT
WITH RICHARD M. EDMONSTON
FOR TRAFFIC PROJECT MANAGEMENT
NO. 2 TO PROFESSIONAL SERVICES
2008, by and
a municipal corporation ( "City ") and
AGREEMENT, entered
between the CITY OF
RICHARD M. EDMONSTON,
P.E., an individual, whose address is 8792 Gallant Drive,
92646, ( "Consultant"), is made with reference to the following:
RECITALS
Huntington, Beach, CA
A. On February 27, 2007, City and Consultant entered into a Professional Services
Agreement, hereinafter referred to as the "Agreement," for Traffic Improvement
Project Management services for the City's Capital Improvement Projects,
hereinafter referred to as "Project." This Agreement expired on June 30, 2007.
B. On January 18, 2008, City and Consultant entered into Amendment No. 1 of the
Agreement and the term was extended to April 30, 2008.
C. Consultant was unable to complete the Agreement's scope of services for project
management by April 30, 2008.
D. City desires to have Consultant continue to provide project management
services in connection with the completion of the Fair Share Fee Update task
and the General Plan. City desires to enter into this Amendment No. 2 to reflect
the continuation of such services beyond the term set forth in the Agreement and
prior Amendment, and to extend the term of the Agreement to December 31,
2008.
E. City and Consultant mutually desire to amend Agreement, hereinafter referred to
as "Amendment No. 2 ", as provided here below.
NOW, THEREFORE, the parties hereto agree as follows:
The term of the Agreement shall be extended to December 31, 2008.
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in Agreement and prior Amendment shall remain unchanged and shall
be in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 on
the date first above written.
APPROVED AS TO FORM:
By: ) Q--11— C ff
Aaron C. Harp,
Assistant City Attorney
for the City of Newport Beach
ATTEST:
By: pti Cil
LaV nne arkle
City Clerk
Attachment: Exhibit A — Scope of Services
CITY OF NEWPORT BEACH,
A Municipal Corporation
ph%n G. Badum
ublic Works Director
for the City of Newport Beach
RICHARD M. EDMONSTON, P.E.
Print Name: K«�A V . e-c�yael540,`
f:\users\pbw\shared\agreements\fy 08-09\edmonston-fair share fee update-1.doc
0
July 22, 2008
Richard M. Edmonston, PE
8792 Gallant Drive
Huntington Beach, CA 92646
(714) 720 -1556
Stephen G. Badum
Public Works Director
City of Newport Beach
PO Box 1768
Newport Beach, CA 92658 -8915
Subject: Amendment to Professional Services Agreement
Dear Mr. Badum:
EXHIBIT A
I am proposing that the Professional Services Agreement that was approved by the City
Council on February 27, 2007 with Amendment No. 1 approved on January 8, 2008 be
amended to extend the termination date.
The original Scope did not anticipate time specifically for addressing the City's concerns
related to the residential development in the IBC area of the City of Irvine or to help
analyze proposals for the residential units allowed in the airport area under Newport
Beach's new General Plan. A line item and budget amount was established in
Amendment No. 1 for this, but the work has exceeded the budgeted time and is ongoing.
The Fair Share Fee Update task has taken considerably longer than initially thought. It is
currently scheduled to be presented to the General Plan Implementation Committee next
month and will likely go to the City Council in September or October.
While both of these tasks have taken additional time and have exceeded the budget
amounts set for them, at this time I am requesting only a time extension to the end of this
calendar year. There are funds left within the contract to continue work and a final
budget adjustment for these two items can be more accurately made as they near
completion.
Sincerely,
Richard M. Edmonton, PE
0
AMENDMENT NO. 1
TO
PROFESSIONAL SERVICES AGREEMENT
WITH RICHARD M. EDMONSTON
FOR TRAFFIC PROJECT MANAGEMENT
THIS AMENDMENT NO. 1 TOFPROFESSIONAL SERVICES AGREEMENT, entered
into this _L -)h day of o,CV , 2008, by and between the CITY OF
NEWPORT BEACH, a municipal corpor tion, (hereinafter referred to as "City ") and
RICHARD M. EDMONSTON, an individual, a whose address is 8792 Gallant Drive,
Huntington Beach, California, 92646 ( "Consultant "), and is made with reference to the
following:
RECITALS
A. On February 27, 2007, CITY and CONSULTANT entered into a
Professional Services Agreement, hereinafter referred to as "Agreement ",
for Traffic Improvement Project Management services for the City's Capital
Improvement Projects, hereinafter referred to as "Project ". This
Agreement expired on June 30th, 2007.
B. City desires to enter into this Amendment No. 1 to reflect additional
services not included in the Agreement and to extend the term of the
Agreement to April 30, 2008..
C. City desires to compensate Consultant for additional professional services
needed for Project.
D. City and Consultant mutually desire to amend Agreement, hereinafter
referred to as "Amendment No. 1 ", as provided here below.
NOW, THEREFORE, the parties hereto agree as follows:
1. Consultant shall be compensated for services performed pursuant to this
Amendment No. 1 according to "Exhibit A" dated October 10, 2007,
attached hereto.
2. Total additional compensation to Consultant for services performed
pursuant to this Amendment No. 1 for all work performed in accordance
with this Amendment, including all reimbursable items and subconsultant
fees, shall not exceed Twenty -Six Thousand and 00/100 Dollars
($26,000.00).
3. The term of the Agreement shall be extended to April 30, 2008.
WA
4. Except as expressly modified herein, all other provisions, terms, and
covenants set forth in Agreement shall remain unchanged and shall be in
full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on
the date first above written.
APPROVED AS TO FORM:
"— C
Fo ✓City Attorney
for the City of Newport Beach
ATTEST:
By:
Snne Harkless,
Clerk
G
r.
CITY O EWPORT BEA IH,
A M 'cip I Cor I
on
By �'
Mayor
for the City of Newport Beach
CONSULTANT:
By: a,., X k �'
(Corporate Officer)
Title:
Print Name: E1AkW Vt6+z11-
By:_
Title:
(Financial Officer)
Print Name:
Attachments: Exhibit A — Scope of Services
f:\users\pbw\shared\agreements\master templates\blank-amend.doc
3
j, (too()
Richard M. Edmonston, PE
8792 Gallant Drive
Huntington Beach, CA 92646
(714) 720-1556 Exhibit A
October 10, 2007
Stephen G. Badum
Public Works Director
City of Newport Beach
PO Box 1768
Newport Beach, CA 92658-8915
Subject: Amendment to Professional Services Agreement
Dear Mr. Badum:
I am proposing that the Professional Services Agreement that was approved by the City
Council on February 27, 2007 be amended to extend the termination date and provide for
additional work that has been and will be performed. Also a few items in the Scope of
Work require somewhat more effort to complete than I initially anticipated.
The key areas where unanticipated levels of effort have been provided include the
completed update to the Traffic Phasing Ordinance, support analysis for the review of
impacts from City of Irvine residential development in the Irvine Business Complex, and
participating in the traffic impacts of development transfers in the Newport Center area.
The effort required to update the Fair Share Fee program has proven to be substantially
more complex than originally anticipated and it now appears that I will be providing
support for this project for at least another two to three months. The development of
infrastructure standards for new residential development in the airport area has also been
more involved than I originally estimated.
The status of each of the items of work and details of any additional requested time are
provided on the attached summary. To accomplish the remaining tasks I suggest my
agreement be amended to extend the termination date another four to six months from
now and another 260 hours at the current rate of $100/hour.
Yours truly,
P)� V- 4 44, �; e In & k
Richard M. Edmonston, PE
0 0
Summary of Tasks
Fair Share Fee Update
This task has proven to be considerably more complex than anticipated and I have already
exceeded the estimate of hours to complete the update. I estimate that this project will require
another three months of effort averaging eight hours per week. An addition of 136 hours to the
original budget should adequate to complete this task.
Traffic Signal Master Plan
This task will result in a program detailing the long -term maintenance needs of the traffic signal
system and it is approximately twenty percent complete. Originally only 24 hours were budgeted
for this and additional time will be needed to produce a truly useful product. Working with staff
it has become apparent that considerable additional detail is required. It is requested than another
24 hours be budgeted for this effort.
Traffic Study Guidelines
These are approximately fifty percent complete and no additional hours beyond the initial
proposal are required to finish this document.
Traffic Signal Timing
This project is approximately fifteen percent complete and no additional hours are being
requested.
Policies and Procedures Manual
Preliminary discussions with staff were conducted but with the recent reorganization of the Public
Works Department it is recommended that this task be tabled and the allotted hours be reassigned
to other tasks.
Rewrite of Chanter 12 of the Municipal Code
The rewrite is roughly thirty percent done. Input has been requested from other affected
departments and I have had good response from some. My effort to get input from other cities on
what they find positive about their traffic codes has not produced any response. Based upon the
results to date I anticipate an additional 12 hours be added to the 28 originally budgeted for a total
of 40 hours for this task.
Miscellaneous
This task includes minor assistance to staff plus the time for those unanticipated efforts such as
the update to the Traffic Phasing Ordinance and the transfer of development trips in Newport
Center. Originally 40 hours were budgeted and I broke this down further for billing purposes to
20 hours for Airport Issues (both in Newport Beach and Irvine) and 20 hours for other
Miscellaneous work efforts. I have spent a total to date of 98 hours on this task to date.
It is recommended that the Airport Area Traffic issues be separated out with a budget of 46 hours
including the 26 already expended. The remaining Miscellaneous task should be augmented with
an additional 100 hours which will provide for the extra hours already expended as well as four
hours per week for another twelve weeks.
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 5
January 8, 2008
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Stephen G. Badum
949 - 644 -3311 or sbadum @city.newport- beach.ca.us
SUBJECT: APPROVAL OF AMENDMENT NO. 1 TO PROFESSIONAL SERVICES
AGREEMENT WITH RICHARD EDMONSTON FOR PROJECT
MANAGEMENT SERVICES
RECOMMENDATIONS:
1. Approve Amendment No. 1 to Professional Services Agreement with Richard
Edmonston, of Huntington Beach, California, for project management at a not to
exceed price of $26,000 and authorize the Mayor and City Clerk to execute the
Agreement.
2. Approve a Budget Amendment transferring $26,000 from salary savings in the
Transportation and Development Services Division (5200 -7000) to the
Transportation and Development Services Division Services Professional and
Technical Account 5200 -8080.
DISCUSSION:
On February 27, 2007 the City Council approved a Professional Services Agreement
with Richard Edmonston for project management services. Mr. Edmonston, the former
Transportation and Development Services Manager, retired from the City on December
31, 2006, and was hired back as a part-time consultant to work on several tasks to aide
in backfilling his former position.
Mr. Edmonston's scope of services included updating the Fair Share Fee program for
compliance with the new General Plan; finalizing the Traffic Signal Master Plan
Replacement Program; preparing a procedures manual for traffic study guidelines;
assisting staff with the ongoing traffic signal timing updates and Traffic Signal
Modernization project; preparing a traffic and development policy and procedures
manual; rewriting and updating Chapter 12 of the City's Municipal Code; and providing
miscellaneous staff assistance with complex ongoing projects.
Several of these tasks required unanticipated levels of complexity from the original
scope of services and has prolonged the required time for completion. Due to the
Approval of Amendmoo. 1 to Professional Services Agreement with RiAdmonston for Project Management
January 8, 2008
Page 2
department reorganization, the traffic and development policy and procedures manual
has been deleted from the scope of services and the allotted time was reassigned to
other tasks. Mr. Edmonston is requesting an additional 260 hours to complete the
remaining tasks and to extend the term of the agreement to April 30, 2008. The
proposed hourly rate will remain at $100 per hour for a not to exceed cost of $26,000.
This expense can be covered by a combination of salary savings and unspent funds for
Professional and Technical Services within the Public Works Department budget.
Per City Council Policy F -20, City Council approval is required for all temporary
contracts with former City employees.
Funding Availability:
Upon approval of the recommended Budget Amendment, sufficient funds are available
in the following account for the project:
Account Description
Services Professional and Technical
Submitted b
Ste en G. Badum
blic Works Director
Attachment: Amendment No. 1
Account Number
5200 -8080
Total:
Amount
$26,000
$26,000
AMENDMENT NO. 1
TO
PROFESSIONAL SERVICES AGREEMENT
WITH RICHARD M. EDMONSTON
FOR TRAFFIC PROJECT MANAGEMENT
THIS .AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, entered
into this day of 2008, by and between the CITY OF
NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "City ") and
RICHARD M. EDMONSTON, an individual, a whose address is 8792 Gallant Drive,
Huntington Beach, California, 92646 ( "Consultant "), and is made with reference to the
following:
RECITALS
A. On February 27, 2007, CITY and CONSULTANT entered into a
Professional Services Agreement, hereinafter referred to as "Agreement ",
for Traffic Improvement Project Management services for the City's Capital
Improvement Projects, hereinafter referred to as "Project'. This
Agreement expired on June 30th, 2007.
B. City desires to enter into this Amendment No. 1 to reflect additional
services not included in the Agreement and to extend the term of the
Agreement to April 30, 2008..
C. City desires to compensate Consultant for additional professional services
needed for Project.
D. City and Consultant mutually desire to amend Agreement, hereinafter
referred to as "Amendment No. 1 ", as provided here below.
NOW, THEREFORE, the parties hereto agree as follows:
1. Consultant shall be compensated for services performed pursuant to this
Amendment No. 1 according to "Exhibit A" dated October 10, 2007,
attached hereto.
2. Total additional compensation to Consultant for services performed
pursuant to this Amendment No. 1 for all work performed in accordance
with this Amendment, including all reimbursable items and subconsultant
fees, shall not exceed Twenty -Six Thousand and 001100 Dollars
($26,000.00).
3. The term of the Agreement shall be extended to April 30, 2008.
4. Except as expressly modified herein, all other provisions, terms, and
covenants set forth in Agreement shall remain unchanged and shall be in
full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on
the date first above written.
APPROVED AS TO FORM:
f0f ity Attomey
for the City of Newport Beach
ATTEST:
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
Mayor
for the City of Newport Beach
CONSULTANT:
(Corporate Officer)
Title:
Print Name:
LIM
(Financial Officer)
Print Name:
Attachments: Exhibit A — Scope of Services
f:\users%pbvv shared\agreements \master templateslblank- amend.doc
0
Richard M. Edmonston, PE
8792 Gallant Drive
Huntington Beach, CA 92646
(714) 720 -1556 Exhibit A
October 10, 2007
Stephen G. Badum
Public Works Director
City of Newport Beach
PO Box 1768
Newport Beach, CA 92658 -8915
Subject: Amendment to Professional Services Agreement
Dear Mr. Badum:
I am proposing that the Professional Services Agreement that was approved by the City
Council on February 27, 2007 be amended to extend the termination date and provide for
additional work that has been and will be performed. Also a few items in the Scope of
Work require somewhat more effort to complete than I initially anticipated.
The key areas where unanticipated levels of effort have been provided include the
completed update to the Traffic Phasing Ordinance, support analysis for the review of
impacts from City of Irvine residential development in the Irvine Business Complex, and
participating in the traffic impacts of development transfers in the Newport Center area.
The effort required to update the Fair Share Fee program has proven to be substantially
more complex than originally anticipated and it now appears that I will be providing
support for this project for at least another two to three months. The development of
infrastructure standards for new residential development in the airport area has also been
more involved than I originally estimated.
The status of each of the items of work and details of any additional requested time are
provided on the attached summary. To accomplish the remaining tasks I suggest my
agreement be amended to extend the termination date another four to six months from
now and another 260 hours at the current rate of $100/hour.
Yours truly,
e.-4-
Richard M. Edmonston, PE
•
Summary of Tasks
Fair Share Fee Update
This task has proven to be considerably more complex than anticipated and I have already
exceeded the estimate of hours to complete the update. I estimate that this project will require
another three months of effort averaging eight hours per week. An addition of 136 hours to the
original budget should adequate to complete this task.
Traffic Signal Master Plan
This task will result in a program detailing the long -term maintenance needs of the traffic signal
system and it is approximately twenty percent complete. Originally only 24 hours were budgeted
for this and additional time will be needed to produce a truly useful product. Working with staff
it has become apparent that considerable additional detail is required. It is requested than another
24 hours be budgeted for this effort.
Traffic Study Guidelines
These are approximately fifty percent complete and no additional hours beyond the initial
proposal are required to finish this document.
Traffic Signal Timing
This project is approximately fifteen percent complete and no additional hours are being
requested.
Policies and Procedures Manual
Preliminary discussions with staff were conducted but with the recent reorganization of the Public
Works Department it is recommended that this task be tabled and the allotted hours be reassigned
to other tasks.
Rewrite of Chapter 12 of the Municipal Code
The rewrite is roughly thirty percent done. Input has been requested from other affected
departments and I have had good response from some. My effort to get input from other cities on
what they find positive about their traffic codes has not produced any response. Based upon the
results to date 1 anticipate an additional 12 hours be added to the 28 originally budgeted for a total
of 40 hours for this task.
Miscellaneous
This task includes minor assistance to staff plus the time for those unanticipated efforts such as
the update to the Traffic Phasing Ordinance and the transfer of development trips in Newport
Center. Originally 40 hours were budgeted and I broke this down further for billing purposes to
20 hours for Airport Issues (both in Newport Beach and Irvine) and 20 hours for other
Miscellaneous work efforts. I have spent a total to date of 98 hours on this task to date.
It is recommended that the Airport Area Traffic issues be separated out with a budget of 46 hours
including the 26 already expended. The remaining Miscellaneous task should be augmented with
an additional 100 hours which will provide for the extra hours already expended as well as four
hours per week for another twelve weeks.
CW of Newport Beach. NO. BA- 08BA -033
BUDGET AMENDMENT
2007 -08 AMOUNT: $26,000.00
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates Increase in Budgetary Fund Balance
Increase Expenditure Appropriations AND Decrease in Budgetary Fund Balance
PX Transfer Budget Appropriations PX No effect on Budgetary Fund Balance
SOURCE:
from existing budget appropriations
from additional estimated revenues
from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
To transfer expenditure appropriations for approval of an amendment to the PSA with Richard Edmonston for project
management services.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account
REVENUE ESTIMATES (3609)
Fund /Division Account
EXPENDITURE APPROPRIATIONS {3603)
Description
Description
Amount
Debit Credit
Description
Division Number 5200 Public Works - Transportation Development
Account Number 7099 Salary Savings $26,000.00
Division Number 5200 Public Works - Transportation Development
Account Number 8080 Services - Professional & Technical
Division Number
Account Number
Division Number
Account Number
Division Number
Account Number
Signed:
Signed:
Signed:
Approval: Administrati�69 Services Director
Manager
City Council Approval: City Clerk
$26,000.00
- Automatic System Entry.
1,-2- C?�
Date
at
Date
C 3CIl9
0 •
PROFESSIONAL SERVICES AGREEMENT WITH
RICHARD M. EDMONSTON
FOR TRAFFIC PROJECT MANAGEMENT
THIS AGREEMENT is made and entered into as of this 46 day of e p/�(Gl
2007, by and between the CITY OF NEWPORT BEACH, a Municipal Corporati n
( "City "), and RICHARD M. EDMONSTON, an individual, whose address is 8792 Gallant
Drive, Huntington Beach, California, 92646 ( "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 proceed with the design and management of the City's Capital
Improvement projects.
C. City desires to engage Consultant to manage miscellaneous Traffic Improvement
projects ( "Project ").
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member of Consultant for purposes of Project shall be Richard M.
Edmonston.
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 above written date, and shall
terminate on the 30th day of June, 2007, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform CIP Management Services as assigned by the
City Engineer.
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3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
the services shall be performed to completion in a diligent and timely manner.
The failure by Consultant to perform the services in a diligent and timely manner
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 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.
4. 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 Billing Rate of
$100 /hr. and incorporated herein by reference. Consultant's compensation for all
work performed in accordance with this Agreement, including all reimbursable
items and subconsultant fees, shall not exceed Fifty Thousand Dollars and
no /100 ($50,000) without prior written 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 writing
in advance by City.
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 Richard M.
Edmonston to be its Project Manager. Consultant shall not remove or reassign
the Project Manager.
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6. ADMINISTRATION
This Agreement will be administered by the Public Works Department.
Stephen G. Badum 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.
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, access to 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.
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. By
delivery of completed work, Consultant certifies that the work conforms to
the requirements of this Agreement and all applicable federal, state and
local laws and the professional standard of care.
8.2 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force in effect during the term hereof, at its sole cost and
expense, all licenses, permits, qualifications, insurance and approvals of
whatsoever nature that is 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.
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9. HOLD HARMLESS
0
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties) from and
against any and all claims (including, without limitation, claims for bodily injury,
death or damage 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
the negligence, recklessness, or willful misconduct of the Consultant or 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.
4
12.
13.
14.
C-1
CITY POLICY
Consultant shall discuss and review all
direction with City's Project Administrator
in order to ensure the Project proceeds
and policies.
PROGRESS
•
matters relating to policy and Project
in advance of all critical decision points
in a manner consistent with City goals
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.
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.
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
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employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days (10 calendar days written notice of non-
payment of premium) 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.
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:
L 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.
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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 except after thirty (30) calendar days (10 calendar days
written notice of non - payment of premium) written notice has been
received by City.
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 orjoint- 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
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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
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. CONFIDENTIALITY
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.
19. 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.
20. 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.
21. 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
O
• •
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.
22. 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.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
24. 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.
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.
25. NOTICES
All notices, demands, requests or approvals to be given under the terms of 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. All notices, demands, requests or approvals from
Consultant to City shall be addressed to City at:
2
s •
Attn: Stephen G. Badum
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 - 644 -3311
Fax: 949 - 644 -3318
All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Richard M. Edmonston, P.E.
8792 Gallant Drive
Huntington Beach, CA 92646
Phone: 714- 720 -1556
26. 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, and thereafter diligently take steps to cure
the 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
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.
27. 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.
ill]
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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 herein.
30. 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.
31. INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning
of the language used and shall not be construed for or against either party by
reason of the authorship of the Agreement or any other rule of construction
which might otherwise apply.
32. 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.
33. 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.
34. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be
adjudicated in a court of competent jurisdiction in the County of Orange.
11
35. 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:
-/40,L— t
Assistant City Attorney, Aaron Harp
for the City of Newport Beach
ATTEST:
LaVonne Harkless,
City Clerk
Attachments: Letter of Proposal
12
CITY OF NEWPORT BEACH,
A Municipal Corporation
Y�
ayor
for the City of New16 Beach
RICHARD M. EDMONSTON, PE.
By:
L �, #g �5� �—
Richard M. Edmonston, P.E.
Richard M. Edmonton, PE
8792 Gallant Drive
Huntington Beach, CA 92646
(714) 720 -1556
February 12, 2007
Stephen G. Badum
Public Works Director
City of Newport Beach
PO Box 1768
Newport Beach, CA 92658 -8915
Subject: Consulting Services/Part-time Employment
Dear Mr. Badum:
We recently discussed several projects of the Transportation & Development Services
Division of Public Works where I might function as the Project Manager. They are listed
below with an estimated project schedule and fee.
Fair Share Fee Update
This project is to be completed by August 2007 and you were issuing the RFQ/RFP to
several firms. I will work with you to identify all the improvement projects that are
either assumed in the recent General Plan Update or were identified as necessary to
provide the Level of Service determined by the City Council. We should also discuss the
potential for contributions to regional projects as well as any appropriate traffic signal
upgrade and maintenance costs. This project is anticipated to require 92 hours of my
effort between March and August.
Traffic Signal Master Plan
This project has been started and needs to be finished to document the state of the current
traffic signal field and office equipment. From this the Master Plan will provide
scheduled replacements and provide budgetary information on what will be required to
keep this important component of the transportation system in good working order. This
project is anticipated to require 24 hours of my time and would be completed by June.
Traffic Study Guidelines
The City's traffic studies have evolved considerably from those based solely on either the
General Plan or the Traffic Phasing Ordinance (TPO). The TPO provides a detailed
methodology and significance criteria that is missing for General Plan level analyses and
for the Cumulative studies done to assure compliance with CEQA. The finished Traffic
Study Guidelines will provide a comprehensive procedure for consultants and staff to use
in evaluating the traffic impacts of various projects that will come before the City. This
project is anticipated to require 24 hours of my time and would be completed by June.
0 0
Traffic Signal Timing
This project would more assistance from staff than any other project. This project
provides for the inventory, review, and update of the stand -alone timing for all City
controlled intersections. This information is a basic input that will be used in developing
the coordination timing for the new Econolite Icons system. A key aspect will be
ensuring that tuning parameters comply with current federal and state guidelines. This
project is anticipated to require 72 hours of my time and would be completed by August.
Policies and Procedures Manual
A manual would be prepared for each section documenting the policies and procedures
used by the Transportation and Development Services divisions. This project is
anticipated to require 40 hours of my time and would be completed by August.
Rewrite of Chapter 12 of the Municipal Code
Chapter 12 is the Traffic chapter and portions of it are significantly out of date and do not
address current needs of the City. The Chapter would be rewritten to reflect current
operating processes with and eye to simplification where possible. This project is
anticipated to require 28 hours of my time along with clerical support and would be
completed by July.
Miscellaneous
I will be available to assist you and other staff in any manner where my history and
background with the City of Newport Beach would be valuable.
Fee
My fee for services would be $100 per hour to be paid bi- weekly.
Please contact me if you have any questions or would like revisions to this proposal.
Sincerely,
Richard M. Edmonton, PE
Fax #: • •
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach
Date Received:
3 -19 -07 Dept. /Contact Received From:
Shauna Oyler
Date Completed:
3 -21 -07 Sent to: Shaun By:
April Walker
Company /Person required to have certificate: Richard Edmonston
I. GENERAL LIABILITY
A.
INSURANCE COMPANY: Hartford Casualty Ins. Co.
B.
AM BEST RATING (A: VII or greater): A +XV
C.
ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
N Yes
❑ No
D.
LIMITS (Must be $1M or greater): What is limit provided?
2mil agg/1 mil occ
E.
PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included?
N Yes
❑ No
F.
ADDITIONAL INSURED WORDING TO INCLUDE (The
City its officers, officials, employees and volunteers): Is it
included?
N Yes
❑ No
G.
PRIMARY & NON- CONTRIBUTORY WORDING (Must be
included): Is it included?
❑ Yes
N No
H.
CAUTION! (Confirm that loss or liability of the named
insured is not limited solely by their negligence) Does
endorsement include "solely by negligence" wording?
❑ Yes
❑ No
1.
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: Interinsurance Exchange of the Automobile Club
B. AM BEST RATING (A: VII or greater): A +XV
C. ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California? N Yes ❑ No
D. LIMITS (Must be $1M min. BI & PD and $500,000 UM):
What is limits provided? imil
E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its
- officers, officials, employees and volunteers): Is it included? N Yes ❑ No
F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste
Haulers only):
Is it included? N/A ❑ 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.
•
0
III. WORKERS' COMPENSATION
A. INSURANCE COMPANY: Not Provided
B. AM BEST RATING (A: VII or greater):
C. LIMITS: Statutory
D. WAIVER OF SUBROGATION (To include): Is it included j ❑ Yes ❑ No
HAVE ALL ABOVE REQUIREMENTS BEEN MET? `� v' ❑ Yes ® No
IF NO, WHICH ITEMS NEED TO BE COMPLETED? General Li ty itional insured endorsement is
missing "its officers officials, employees and v n ers ". T P contributory endorsement is missing.
Auto: the additional insured endorsement is m' hit 9 cers, offic&4employees and volunteers ". Workers'