HomeMy WebLinkAbout16 - Newport Hills Harbor View Traffic ManagementCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 16
February 10, 2004
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Antony Brine, P.E.
949 - 6443311
tbdne@city.newport-beach.ca.us
SUBJECT: NEWPORT HILLS /HARBOR VIEW NEIGHBORHOOD TRAFFIC
MANAGEMENT PROGRAM - APPROVAL OF PROFESSIONAL SERVICES
AGREEMENT WITH KIMLEY -HORN AND ASSOCIATES
RECOMMENDATION:
Approve a Professional Services Agreement with Kimley -Horn and Associates, of Orange,
California, for preparing the Newport Hills /Harbor View Neighborhood Traffic Management
Program (NTMP) at a contract price of $87,784.00 and authorize the Mayor and City Clerk
to execute the Agreement.
BACKGROUND
• A Neighborhood Traffic Management Program (NTMP) is being proposed for the Newport
Hills and .Harbor View neighborhoods based on a number of separate requests and
concerns received over the past few months from residents, educators, and Councilman
Heffernan. A Resolution from the Board of Directors of the Community Associations of both
neighborhoods, requesting the City investigate traffic calming measures, was received by
Public Works last December. A separate petition was received requesting speed humps be
installed on Port Weybridge Place and Port Provence Place to increase the safety of
children living in the immediate area. The Principal at Andersen Elementary School
requested a crossing guard study be completed for Port Seaboume Way and has expressed
concerns with other traffic issues at or near the school. Councilman Heffernan has indicated
his concerns for the safety of pedestrians crossing Newport Hills Drive to the Nature Park
and requested funds in the current budget to address those concerns. Residents have also
indicated concerns for pedestrian access to the new Bonita Canyon Sports Park. Other
residents have contacted staff with more general concems of speeding along Newport Hills
Drive East and West and limited sight distance at some intersections. These numerous and
varied issues lead to the proposed NTMP for Newport Hills and Harbor View as a way to
comprehensively consider all of these issues.
DISCUSSION:
Three firms were invited to submit proposals to provide engineering services for the
NTMP. All three firms responded to the City's request for proposals:
• Kimley -Horn and Associates
• Willdan
• Austin -Foust Associates, Inc.
SUBJECT: Newport Hills /Harbor View Neighborhood Traffic Management Program — Approval of Professional Services Agreement
with Kimley -Horn & Associates
February 10, 2004
Page 2
The proposals were independently reviewed to evaluate each firm's qualifications, past •
experience on similar projects, and availability before ranking Kimley -Hom and Associates
the highest. Upon selection, staff negotiated with Kimley -Horn and Associates to provide
the necessary scope of services for a fee of $87,784.00. This firm has completed
engineering services competently and professionally on similar projects for other local
agencies in Southern California.
The scope of engineering professional services will include:
Data Collection — Kimley -Hom will develop and conduct a data collection program.
Selected speed, traffic volume, and pedestrian data are available from the City, and
will become part of the database for the project. The data to be collected may
include, but not be limited to, directional ADT counts, peak hour counts, vehicle
speed classification, peak hour and school hour manual pedestrian and vehicle
counts, and parking counts on residential streets adjacent to park and recreational
uses.
Facilitate Citizen Group Workshops — Kimley -Horn will be responsible for
preparing for, facilitating, and coordinating NTMP Committee meetings and
workshop activities (up to four). It is anticipated that in addition to the
neighborhood -wide meetings, there will be a Committee formed comprising of
representatives from the two homeowner associations and Anderson School.
Traffic Analysis — The consultant will evaluate all of the data collected.
Observations will be conducted on Port Seabourne near the school to evaluate the
effectiveness of the existing traffic calming measures. Sight distance studies will be
conducted along Newport Hills Drive East and West. Parking counts and
observations will be conducted to determine if neighborhood parking intrusion is
occurring as a result of the uses at the Bonita Canyon Sports Park. Observations
will also be conducted on the internal horseshoe streets to determine the extent of
the problem with unsafe speeds on the 90- degree turns.
Pedestrian Movement Analysis — Analysis of pedestrian traffic will focus on the
streets near Andersen Elementary School, in particular on Port Seabourne Way.
Pedestrian access to both the Nature Park and the Bonita Canyon Sports Park will
also be analyzed.
Geometric Analysis — Roadway geometrics including street widths, curb radii,
medians and dividers, road chokers, lane allocations, etc. will be analyzed to
determine if existing geometrics have an impact on traffic movements.
Recommend Mitigation Measures — At a neighborhood workshop, results of the
data collection and analysis will be presented along with a menu of potential
mitigation measures. The measures could include signing, striping, geometric
changes, as well as other methods that have proven to be effective in addressing
neighborhood traffic concerns.
Final Report Preparation — A Final Report will be prepared to present the results .
of the data collection and analysis, and to present the findings and
recommendations based on the technical analysis. The project is scheduled for
completion with a presentation to the City Council in September, 2004.
SUBJECT: Newport Hills /Harbor View Neighborhood Traffic Management Program — Approval of Professional Services Agreement
with Kimley -Horn & Associates
February 10, 2004
Page 3
• Funding Availability:
Funds for this project are available in the following account:
Account Description Account Number Amount
Gas Tax 7181- C5200407 $87,784.00
Environmental Review:
Not Applicable at this time.
Prepared by:
Antony Brine, P.Er�
Principal Engineer
Attachment: Professional Services Agreement
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PROFESSIONAL SERVICES AGREEMENT •
FOR NEWPORT HILLS /HARBOR VIEW NEIGHBORHOOD
TRAFFIC MANAGEMENT PROGRAM
WITH KIMLEY -HORN AND ASSOCIATES
THIS AGREEMENT is made and entered into as of this day of
, 2004, by and between the City of Newport Beach , a Municipal
Corporation (hereinafter referred to as "City"), and Kimley -Horn and Associates, (a
Corporation) whose address is 2100 W. Orangewood Avenue, Suite 140, Orange,
California, 92868, (hereinafter referred to as "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 evaluate traffic problems in the Newport Hills and Harbor
View Neighborhoods.
C. City desires to engage Consultant to conduct an evaluation of traffic
conditions in the areas and propose actions to address those traffic
conditions that are deemed to be incompatible within the residential areas
as outlined in the Scope of Services attached hereto as Exhibit "A" and
upon the terms and conditions contained in this Agreement
D. Consultant possesses the skill, experience, ability, background, certification,
and knowledge to provide the services described in this Agreement.
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E. The principal member of Consultant for purpose of this Project is Herman
Basmaclyan, P.E.
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 16th day of February, 2004, and shall
terminate on the 30th day of September, 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 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. TIME OF PERFORMANCE
Time is of the essence in the performance of the services under this Agreement and
Consultant shall perform the services in accordance with the schedule included in Exhibit
A. 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 Consultants reasonable control. However, in the case of any such delay
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in the services to be provided for Project, each party hereby agrees to provide notice to
the other parry 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.
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 Schedule of Billing Rates attached
hereto as Exhibit "B" and incorporated herein by reference. In no event shall Consultant's
compensation exceed Eighty -seven thousand, seven - hundred and eighty -four
Dollars ($ 87,784.00) 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,
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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 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.
10 C. Actual costs and /or other costs and /or payments specifically
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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 set
forth in Exhibit B.
4.4 Notwithstanding any other provision of this Agreement, when payments
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made by City equal 90% of the maximum fee provided for in this Agreement, no further
payments shall be made until City has accepted the final work under this Agreement.
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 Serine Ciandella 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 furnish 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. Antony Brine,
P.E. 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
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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 Consultants 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 it 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 fumish timely information or to
approve or disapprove Consultant's work promptly, or delay or faulty performance by City,
contractors, or govemmental 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 to property), demands,
obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties,
liabilities, costs and expenses (including, without limitation, attomey'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,
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• its principals, officers, agents, employees, vendors, suppliers, 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 attomey'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
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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.
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11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated Project
Administrator, and any other agencies which may have jurisdiction or interest in the work
to be performed. City agrees to cooperate with Consultant on Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and project direction with
the 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.
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
work, 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 and 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
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• 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 the 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
Bests Key Rating guide, unless otherwise approved by the City Risk Manager.
D. Coverage Reouirements.
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1. Workers' COmoensation Coverage. Consultant shall maintain Workers'
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Compensation Insurance and Employers 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 Employers Liability Insurance in
accordance with the laws of the State of California for all of the
subcontractors employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least thirty (30)
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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2. 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.
3. 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.
4. Professional Errors and Omissions Insurance. Consultant shall maintain
professional errors and omissions insurance, which covers the services to
be performed in connection with this Agreement, in the minimum amount of
One Million Dollars ($1,000,000).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
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
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. Consultant.
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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 the 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, and 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) days' written notice has been received by City.
G. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from Consultants
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performance under this Agreement .
H. 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 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 co-tenant if Consultant is a partnership or joint- venture
or syndicate or co- tenancy, 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
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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 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.
Consultant shall, at such time and in such forms as City may require, fumish
reports conceming the status of services required under this Agreement.
18. COMPUTER DELIVERABLES
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CADD data delivered to City shall include the professional stamp of the engineer or
architect in responsible charge of the work. City agrees that Consultant shall not be liable
for claims, liabilities or losses arising out of, or connected with (a) the modification or
misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy
or readability of CADD data due to inappropriate storage conditions or duration; or (c) any
use by City, or anyone authorized by City, of CADD data for additions to this Project, for
the completion of this Project by others, or for any other project, excepting only such use
as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to
indemnify Consultant for damages and liability resulting from the modification or misuse of
such CADD data.
All original drawings shall be submitted to the City in the version of AutoCAD used
by the 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 the City in the City's latest
adopted version of Microsoft Word and Excel.
19. 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 the release of information.
20. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his /her judgment
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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 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.
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 to this Agreement.
All such records shall be clearly identifiable. Consultant shall allow a representative of
City to examine, audit and make transcripts or copies of such records 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 under this Agreement.
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23. WITHHOLDINGS
City may withhold payment of any disputed sums until satisfaction of the dispute with
respect to such payment. Such withholding shall not be deemed to constitute a failure to
pay according to the terms of this Agreement. Consultant shall not discontinue work as a
result of such withholding. Consultant shall have an immediate right to appeal to the City
Manager or his designee with respect to such disputed sums. Consultant shall be entitled
to receive interest on any withheld sums at the rate of 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 bome 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 Project.
26. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the California
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• 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
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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 termination of this Agreement by City.
Consultant shall indemnify and hold harmless City for any and all claims for damages
resulting from Consultants 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, 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:
Antony Brine, P.E.
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92658 -8915
Phone: (949) 644 -3311
Fax: (949) 644 -3318
All notices, demands, requests or approvals from City to Consultant shall be addressed to
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Consultant at: .
Attention: Serine Ciandella
Kimley -Hom and Associates, Inc.
2100 W. Orangewood Avenue, Suite 140
Orange, CA 92868
Phone: (714) 939 -1030
Fax: (714) 939 - 9488
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
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may terminate the Agreement forthwith by giving
to the defaulting
party written notice
thereof.
Notwithstanding the above provision, City shall have the right, at its sole discretion and
without cause, of terminating this Agreement 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 and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
•
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• 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, 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.
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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.
35. 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. 0
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.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the
day and year first written above.
APPROVED AS TO FORM:
City Attorney
ATTEST:
City Clerk
CITY OF NEWPORT BEACH
A Municipal Corporation
By:
Tod Ridgeway
Mayor
KIMLEY -HORN AND ASSOCIATES
By:
Print Name:
f . \usem\pbvAshared\agreements \fy 03- 04 \Kimley -Hom- Newport Hills Traffic- 012704.doc
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V. Project Approach
The project will involve substantial interaction with the City of Newport Beach
staff, members of the NTMP Committee, residents of the neighborhoods, and
the City Council. The following scope of work has been developed to be fully .
responsive to the Request for Proposal dated December 3, 2003.
Task 1— Data Collection
Kimley -Horn will develop and conduct a data collection program. Selected
speed, traffic volume, and pedestrian data is available from the City; and will
become part of the database for this project. It is proposed that prior to the
data collection effort, a neighborhood meeting be held to allow residents to
share their issues and concerns. The scope and locations of data collection
will depend on the traffic concerns and issues identified at this meeting.
The analysis may include, but not be limited to, directional ADT counts, peak
hour counts, vehicle speed classification, peak hour and school hour manual
pedestrian and vehicle counts, and parking counts on residential streets
adjacent to park and recreational uses. All data compiled will be organized by
data type and date in a tabbed NTMP notebook.
Task 2 — Facilitate Citizen Group Workshops
Kimley -Horn will be responsible for preparing for, facilitating, and coordinating
NTMP Committee meetings and workshop activities (up to four each). For
community workshops, we will prepare all presentation materials, including
hand outs, and PowerPoint presentations.
If meeting notices are to be mailed to residents, it is assumed that Kimley -
Horn will develop and mail out the notice, including purchasing postage, but
70770022.03 V. Project Approach - Page 1
Copynght 02003. rimley -Horn and Associates, Inc.
'� ard=,Yc
EXHIBIT A
Introduction
Kimley -Horn's 1
The City of Newport Beach has solicited proposals to develop a Neighborhood
systematic
Traffic Management Program for the Newport Hills and Harbor View
approach ensures
communities. The purpose of the study is to evaluate existing traffic conditions
in the Newport Hills and Harbor View neighborhoods, to identify traffic issues
that yourproject
and concerns, and to develop recommended mitigation measures to address
will be competed
those issues and concerns. Focus areas include speeding on the perimeter
collector streets, unsafe speeds on the sharp turns of the internal horseshoe
on time and within
streets, sight distance issues at cross streets on Newport Hills Drive East and
budget.
West, pedestrian safety issues around the school and parks, and traffic and
parking intrusion into the neighborhoods around the sports park
The project will involve substantial interaction with the City of Newport Beach
staff, members of the NTMP Committee, residents of the neighborhoods, and
the City Council. The following scope of work has been developed to be fully .
responsive to the Request for Proposal dated December 3, 2003.
Task 1— Data Collection
Kimley -Horn will develop and conduct a data collection program. Selected
speed, traffic volume, and pedestrian data is available from the City; and will
become part of the database for this project. It is proposed that prior to the
data collection effort, a neighborhood meeting be held to allow residents to
share their issues and concerns. The scope and locations of data collection
will depend on the traffic concerns and issues identified at this meeting.
The analysis may include, but not be limited to, directional ADT counts, peak
hour counts, vehicle speed classification, peak hour and school hour manual
pedestrian and vehicle counts, and parking counts on residential streets
adjacent to park and recreational uses. All data compiled will be organized by
data type and date in a tabbed NTMP notebook.
Task 2 — Facilitate Citizen Group Workshops
Kimley -Horn will be responsible for preparing for, facilitating, and coordinating
NTMP Committee meetings and workshop activities (up to four each). For
community workshops, we will prepare all presentation materials, including
hand outs, and PowerPoint presentations.
If meeting notices are to be mailed to residents, it is assumed that Kimley -
Horn will develop and mail out the notice, including purchasing postage, but
70770022.03 V. Project Approach - Page 1
Copynght 02003. rimley -Horn and Associates, Inc.
'� ard=,Yc
EXHIBIT A
0
that the City will provide mailing labels, City letterhead, and envelopes. Up to
four mailings (1,200 each mailing) are assumed.
Task 3— TrofficAna/ysls
Traffic conditions in the neighborhoods will be analyzed for their current
conditions. Vehicle speeds will be measured and quantified through speed
classification counts at the key problem spots in the neighborhood. Speeds
will be reported in terms of average speed, 10 -mile pace, and 85`h percentile
speed. Observations will be conducted on Port Seabourne Way near the
school to evaluate the effectiveness of the traffic calming measures already
implemented at the pedestrian crossing (speed humps and street narrowing).
Sight distance studies will be conducted at trouble spots along Newport Hills
Drive East and West. We will coordinate with City staff to determine what sight
distance criteria are preferred by the City (i.e., County of Orange, Caltrans,
AASHTO, or other). Photos will be taken at the study locations to supplement
the measurements.
. Parking counts and observations will be conducted to determine whether or
not neighborhood parking intrusion is occurring as a result of the recreational
and sports uses at the Bonita Canyon Sports Park. In order to accomplish this
task, we will need to coordinate with the City and the operators of the sports
park to schedule counts on event and non -event days.
Observations will be conducted on the internal horseshoe streets to determine
the extent of the problem with unsafe speeds on the 90- degree turns.
Other issues identified during the citizen workshops will be studied for their
impacts on neighborhood traffic conditions.
Task 4 — Pedestrian Movement Analysts
Analysis of pedestrian traffic will be focused on the streets near Anderson
Elementary School. In particular, pedestrian movements across Port
Seabourne Way will be studied. We will also rely on recent data collected by
the City of Newport Beach on Port Seabourne Way for their crossing guard
evaluation. Pedestrian access to both the Nature Park and the Bonita Canyon
Sports Park will also be analyzed. Existing crosswalks and other measures
designed to facilitate pedestrian movements will be documented.
70770022.03 V. Pmied Approach - Page 2
Copyright 02003, Kim* -Hom and Associates, Inc. C =
- ---• , Tasks - GeometAcsAno /ysls
Our extensive
Roadway geometrics, including street widths, curb radii, medians and
traffic calming
dividers, road chokers, lane allocations, etc. will be analyzed to determine if
existing geometrics have an impact on traffic movements. If appropriate,
experience
recommendations for modifications to existing geometrics to improve traffic
ensures that we
conditions will be presented.
understand the
technical and
Task 6 - Develop Recommended MiNgatlon Measures
public nature of all
attematives.
After collecting traffic data and analyzing existing traffic and pedestrian
conditions, a follow -up neighborhood workshop will be held with the NTMP
Committee. Results of the data collection and analysis will be presented,
along with a menu of potential mitigation measures. Residents will be asked to
provide their input on the acceptability of various mitigation measures. If
mitigation measures are identified, they will be presented to City Council for
consideration and approval.
If traffic calming measures are implemented, then appropriate follow -up
studies will need to be conducted to evaluate the effectiveness of the
measure. For example, if the problem is speeding, and the mitigation measure
selected is speed humps, then follow -up speed studies will need to be
conducted in the vicinity of the humps after they have been in place for three
or four months. A follow -up workshop or resident survey should also be
conducted to get feedback from the residents about the mitigation measures.
The process of implementation and follow -up evaluation would be a separate
authorization, depending on the final recommendations, and is not included in
the scope of this project.
Task 7- Report Preparation
A Final Report will be prepared to present the results of the data collection
and analysis, and to present the findings and recommendations of the NTMP
Committee based on the technical analysis. A prioritization system will be
developed, and recommended mitigation measures will be ranked, based on
relative benefit to the community. Ranking criteria will be developed with input
from City staff and the NTMP Committee, and could include issues such as:
severity of the problem or issue being mitigated, number of people or homes
benefited or affected, safety benefit vs. quality of life benefit, cost to
implement, and others.
If appropriate, detailed conceptual drawings and preliminary cost estimates of
the recommended measures will be prepared.
70770022.03 V. Project Approach - Page 3
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Task B — Project Support
7j�y!a Ja! 4., 7rm i.�.pm
Kimley -Horn will participate in up to four meetings with City staff and the
NTMP Committee. We will prepare for and make presentations at up to four
neighborhood meetings and two City Council meetings. In addition, regular
communication with City staff by phone and e-mail will help make this project
a success.
Task 9 — Presentation to city Council
Kimley -Horn will present the preliminary analysis reports, the detailed
conceptual drawings, and the final NTMP recommendations to City Council.
Project Schedule
The following page contains our proposed project schedule followed by
Kimley- Horn's exceptions to the City's Standard Professional Services
Agreement.
70770022.03
CopyrigM 0 2003, KIMey -Hom and Associates, Inc.
V. Project Approach .Page 4
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70770022.03 V. Pried Approach - Page 5
Copyright 02003, rimley-Hom and Associates, Im C =V == W-
11,
0
�2 A
Project Kick-off with Staff
Meeting with Staff and NTMP Committee
Z
Infarmation/Data Gathering
T T
Community Workshop (including preparation)
Data Collection
17
i I I
i
Traffic Analysis
Pedestrian Analysis
Geometrics Analysis
Develop Mitigation Measures
Report Preparation
i
Presentation to City Council
177
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1 1111111
70770022.03 V. Pried Approach - Page 5
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CITY OF NEWPORT BEACH
NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM
Kimley -Horn & Associates, Inc.
Hourly Billing Rates by Personnel Classification
Personnel
Hourly Rate
Pro'ectMana er
$152.00
Principal-in-Charge
$190.00
SeniorEngincer
$130.00
Transportation Analyst
$100.00
Assistant Engineer
$87.00
Tech / Clerical
$75.00
EXHIBIT B
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0