HomeMy WebLinkAbout07 - Parking Management Study & Parking Code AnalysisCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 7
April 8, 2008
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Planning Department
Leigh M. De Santis, Economic Development Administrator, 949 - 644 -3207,
ldesantis@city.newport-beach.ca.us
SUBJECT: Professional Services Agreement with Walker Parking Consultants
for a Parking Management Study and Parking Code Analysis
RECOMMENDATION:
Approve the Professional Services Agreement with Walker Parking Consultants
for a not to exceed cost of one hundred ninety six thousand, three hundred eighty
dollars ($196,380).
2. Authorize the Mayor and City Clerk to sign the Agreement.
DISCUSSION:
Background:
The Strategic Plan for Fiscal and Economic Sustainability sets as its first goal the
revitalization of older commercial areas. .Objective 1.3 Action step 1 directs the hiring
of a "parking management consultant to review and update parking standards and
policies, including the potential implementation and possible impacts of market pricing;
prepare a study of programs that encourage the development of shared use parking
facilities; and identify and prioritize areas where parking facilities are needed or might
be needed in the near future." Following that directive an RFP was developed and sent
to four top -rated parking consultants.
Two firms responded. The responding firms were interviewed by a committee
consisting of two members of the City Council's Economic Development Committee, the
Assistant City Manager, the Transportation Services & Development Principal Engineer,
the Economic Development Administrator and the Economic Development Coordinator.
It was a unanimous decision to select Walker Parking Consultants.
PSA Walker Parking Consultants
April 8, 2008
Page 2
Walker demonstrated the best understanding of the scope of work and offered an
unparalleled breadth and depth of experience. Walker Parking Consultants is the
largest and most comprehensive parking consulting firm in the United States. It has
done numerous downtown and commercial studies and worked for a number of other
beach communities. The project manager assigned to Newport Beach studied with Dr.
Donald Shoup at UCLA as part of his masters program. Walker Parking wrote the
update to the Urban Land Institute's landmark Shared Parking Study. Walkers
expertise includes planning (shared parking, parking codes, financing, in -lieu fees,
market pricing), design (lots, structures, automated garages, circulation), and operations
(equipment, management). After selecting Walker, staff worked with the consultant to
refine the scope of services, including public meetings, and negotiated a not -to- exceed
fee of one hundred eighty six thousand, three hundred eighty dollars ($186,380) plus up
to an additional $10,000 for reimburseables.
Work Program:
The areas to be studied, as established by the Strategic Plan, are:
• Corona del Mar
• Mariners' Mile
• Balboa Peninsula
• Balboa Village
• Lido /Cannery/McFadden Square
• Balboa Island
• West Newport..
Staff is suggesting that the areas be looked at in the order listed for two reasons. First,
so that those areas impacted the most by summer season traffic can be studied during
the summer. Second, Corona del Mar has already been working on parking related
issues and will be able to start the process fastest. After the first two areas are
completed the orderttiming may be revisited if necessary to catch beach goers.
The proposed PSA with Walker Parking Consultants is Attachment A. Incorporated into
the PSA is a nine page scope of work outlining the process to be followed and the
products to be produced by Walker for each area, as well as a two part approach to
parking code revisions.
It had been hoped that the parking management study would be completed ahead of
the zoning code so that its findings could be incorporated. However, the absence of
staff in economic development slowed the parking management study. Since it is now
likely that the zoning code will be completed first, adjustments have been made. Walker
will perform a review of the existing and draft parking code provisions evaluating them
against "best practices" for parking codes, including minimum parking requirements and
policies, which are appropriate to the needs of Newport Beach. Following the
completion of the six area studies and based on what is learned, Walker will then revisit
the City's parking code with an eye to refining specific sections based on special
PSA Walker Parking Consultants
April 8, 2008
Page 3
Newport Beach conditions. Three meetings are included in the scope of work for
parking code issues.
As regards the parking management studies,
• Reviewing previous studies
• Inventorying parking
• Reviewing parking operations data
• Conducting parking counts
• Evaluating conditions and making
resources
the scope of work for each area includes:
recommendations to maximize parking
Determining where and how to create additional parking
•. Developing an implementation plan
The scope includes seven meetings for each study area. Staff and the consultants are
proposing the creation of steering committees for each of the six areas, with 6 to 8
members maximum. Steering Committee members would be selected from area
businesses, area residents, one EDC member and the City Council member for that
area. In areas with a BIDs or HOAs they could be drawn from to fill the business and
resident slots. The steering committees will supplement the public review process by
being available for consultation between public meetings.
1. A public kick -off to obtain community input
2. A steering committee meeting after traffic counts to present initial findings and
obtain feedback
3. A meeting with staff on the first draft report
4. A second steering committee meeting to present the draft and receive feedback
5. A second public meeting to present findings and recommendations and discuss
parking policy
6. A public presentation to the City Council of the final report
T. Participation in a staff meeting with the Coastal Commission to discuss
recommended parking policies from the final reports.
Should the City Council approve this PSA, work will begin before the end of the April.
Environmental Review:
Approval of the PSA is not a project as defined by CEQA.
Funding Availability:
Funding for this project exists in 2720 -8080. It was one of the projects envisioned at the
time of adoption of the Strategic Plan and the budget amendment of $350,000 for its
phase 1 implementation.
Prepared by:
Leigh M. De Santis,
Economic Development Administrator
PSA Walker Parking Consultants
April 8, 2008
Page 4
Submitted by:
Sharon Wood, Assistant City Manager
Attachments: A. Professional Service Agreement
PROFESSIONAL SERVICES AGREEMENT WITH
WALKER PARKING CONSULTANTS
FOR PARKING MANAGEMENT PLAN
THIS AGREEMENT is made and entered into as of this _ day of April, 2008, by and
between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and
Walker Parking Consultants /Engineers, Inc., a Michigan Corporation whose office is
located at 2550 Hollywood Way, Burbank, California, ( "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 more effectively manage its parking resources and in keeping
with the goals and policies of the new General Plan establish the appropriate
parking requirements under the Zoning Code.
C. City desires to engage Consultant to assist with the development of
comprehensive plans for the operation and possible expansion of its on- street
parking spaces and municipal off - street parking lots in each of the commercial
villages, specifically the Balboa Peninsula (Balboa Village, Lido and Cannery
Villages/McFadden Square), Balboa Island, West Newport Highway, Mariners'
Mile and Corona del Mar. Further the City is seeking additional expertise in
evaluating all off - street parking standards as part of a comprehensive rewrite of
its Zoning Code to implement the new General Plan
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal members of Consultant for purposes of Project shall be Carolyn
Krasnow, Ph.D., Steffen Turoff, Richard Raskin, Derek Adamas, Yvette Barbosa,
Mark Linsenmayer and other members of the staff of Walker Parking
Consultants as needed.
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.
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NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 31 t day of March,. 2009, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference. The
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 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 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.
Consultant's compensation for all work performed in accordance with this
Agreement, excluding all reimbursable items and subconsultant fees, shall not
exceed One Hundred Eighty -six Thousand Three Hundred Eighty Dollars
($186,380) without prior written authorization from City. Reimbursable expenses
will be billed at 1.00 times cost and shall not exceed Ten Thousand Dollars. No
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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. Unless otherwise approved, such costs shall be
limited and include nothing more than the following costs incurred by
Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and /or other costs and /or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra
Work" means any work that is reasonably determined by City to be
necessary for the proper completion of the Project, but which is not
included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this
Agreement. Compensation for any authorized Extra Work shall be paid in
accordance with the Schedule of Billing Rates as set forth in Exhibit B.
S. 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 Steffen Turoff to
be its Project Manager. Consultant shall not remove or reassign the Project
Manager or any personnel listed herein or in Exhibit A or assign any new or
replacement personnel to the Project without prior written consent of the City.
City's approval shall not be unreasonably withheld with respect to the removal or
assignment of non -key personnel.
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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 Planning Department. Leigh M. De
Santis 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 provide access to, and upon request of Consultant,
one copy of all existing relevant information on file at City. City will provide all
such materials in a timely manner so as not to cause delays in Consultant's work
schedule.
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
To the fullest extent permitted by law, Consultant shall indemnify and hold
harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees (collectively, the "Indemnified Parties ") from and
against 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, reasonable attorney's fees, disbursements and
court costs) (individually, a Claim; collectively, "Claims "), related to any breach of
the terms and conditions of this Agreement, any work performed or services
provided under this Agreement (including, to the extent caused by, the willful
negligence and/or willful acts, errors and/or omissions of Consultant, its
principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for
whose acts they may be liable or any or all of them).
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
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 perforating 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.
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12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points
in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and/or his/her
duly authorized designee informed on a regular basis regarding the status and
progress of the Project, activities performed and planned, and any meetings that
have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and Drior 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 ail times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide; unless otherwise approved by the City's Risk
Manager.
D. Coverage Requirements.
i. Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Consultant shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non - renewal of all
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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 Liabilitv Coveraqe. Consultant shall maintain commercial
general liability insurance in an amount not less than two million
dollars ($2,000,000) 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.
iv. 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 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.
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iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
party 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 or joint- venture.
16. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of
Consultant. Assignments of any or all rights, duties or obligations of the
Consultant under this Agreement will be permitted only with the express written
consent of City. Consultant shall not subcontract any portion of the work to be
performed under this Agreement without the prior written authorization of City.
17. OWNERSHIP OF DOCUMENTS
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Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents "), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for
reuse by City or others on any other project. Any use of completed Documents
for other projects and any use of incomplete Documents without specific written
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. 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.
20. RECORDS
Consultant shall keep records and invoices in connection with the work to be.
performed under this Agreement. Consultant shall maintain complete and
accurate records with respect to the costs incurred under this Agreement and
any services, expenditures and disbursements charged to City, for a minimum
period of three (3) years, or for any longer period required by law, from the date
of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of
City to examine, audit and make transcripts or copies of such records and
invoices during regular business hours. Consultant shall allow inspection of all
work, data, Documents, proceedings and activities related to the Agreement for a
period of three (3) years from the date of final payment to Consultant under this
Agreement.
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21. 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. Consultant may withhold services if
Consultant is not paid for services rendered in a timely manner.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what
would have resulted if there were not errors or omissions in the work
accomplished by Consultant, the additional design, construction and /or
restoration expense shall be borne by Consultant. Nothing in this paragraph is
intended to limit City's rights under the law or any other sections of this
Agreement.
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
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in the United States mail, postage prepaid, first -class mail, addressed as
hereinafter provided. All notices, demands, requests or approvals from
Consultant to City shall be addressed to City at:
Attn: Leigh M. De Santis
Planning Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 -644 -3207
Fax: 949 -644 -3224
All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Attention: Steffen Turoff
Walker Parking consultants
2550 Hollywood Way, suite 303
Burbank, CA 91505
Phone: 818 - 953 -9130
Fax: 818 - 953 -9331
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
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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.
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.
28. 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.
12 j('Q
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:
City Attorney
for the City of Newport Beach
ATTEST:
0
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
Mayor
for the City of Newport Beach
CONSULTANT:
22
(Corporate Officer)
Title:
Print Name:
By:
(Financial Officer)
Title:
Print Name:
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
F:\users\ cat\ shared\ ContractTemplatesPublishedonlntranet \FORM — Professional Service Agreement.doc
Rev: 05 -02 -07
13 11
PROPOSAL FOR PREPARATION OF PARKING STUDY " WALKER
PREPARED FOR CITY OF NEWPORT BEACH 1W PMM*c0N$ULTWs
PARKING REQUIREMENTS AND MANAGEMENT PLAN JANUARY 31, 2008
MARCH 14, 2008
SCOPE REVISED
TASK ONE: PARKING MANAGEMENT ANALYSIS AND
RECOMMENDATIONS
1. Meet with City staff to finalize project parameters, discuss
background issues related to the project area, and obtain
previous studies, documents and other data regarding the
study areas including the 2006 General Plan. Previous studies
and data may also include the necessary data available from
the City's parking meters and PARCS (parking access and
revenue control) equipment where available within the study
areas. (Meeting 1)
2. The fallowing items in Tasks One through Tasks Three will be
performed separately for each of the fallowing five study
areas. The exact areas will be defined in mare detail during
public meetings, but roughly defined as:
A. Carona del Mar — along Coast Highway from Avocado
Avenue to Poppy Avenue, including the residential areas
one block west of Coast Highway and two blacks east of
Coast Highway.
B. Mariner's Mile — along Coast Highway from Newport
Avenue to Daver Drive, including the residential street
located within one black (north) of and above Coast
Highway in the western part of Mariner's Mile.
C. Balboa Peninsula — the entire area referred to as "the Fish"
including McCadden Square, Cannery Village, Lida
Village as well as potential parking "spillover" areas
within one black of "the fish." Also the McFadden Beach
Lots and Balboa Village and potential parking "spillover"
areas within one black of these locations.
D. Balboa Island
E. West Newport — along Coast Highway from the
Huntington Beach city line to Balboa Blvd, including
ungated residential streets within one black of Coast
Highway.
3. Inventory the parking supply located within the areas of study.
The parking inventory will include:
' In keeping with the format of the RFP, we do not include meetings with
City staff within Tasks 1 — 4, but instead include all public meetings
together in Task 5.
SCOPE OF SERVICES2
13
I
PROPOSAL FOR PREPARATION OF PARKING STUDY WALKER
PREPARED FOR CITY OF NEWPORT BEACH WKING CO 41ATA T$
PARKING REQUIREMENTS AND MANAGEMENT PLAN JANUARY 31, 2008
MARCH 14, 2008
SCOPE REVISED
• On street spaces in commercial and recreational
(primarily beach) areas
• On street spaces in residential areas located adjacent
to commercial and recreational areas
• Public off - street spaces
• Private non-residentiol off - street parking facilities'
• Indication of time restrictions, user restrictions, hours
of operation, and rotes.
4. Review parking operations data provided by the City to
understand utilization patterns including:
A. the peak parking occupancy rotes for the City's public
parking facilities
B. trends in parking facility occupancy including peak months
for parking demand, provided that data is available from
parking access equipment to do so.
C. the length of stay and rote of turnover of cars parked in
selected public parking facilities.
5. Conduct parking occupancy counts of the spaces inventoried in
Item 2 for which operations data cannot be used to determine
the peak parking demand on the design day (such as public
on- street spaces)." These occupancy surveys will be conducted
on one weekday and one weekend day, to be determined in
conjunction with City staff. Counts ore expected to take place
four times throughout the day at 10:00 AM, 12:00 noon, 2:00
PM, and 7:00 pm unless City staff in consultation with local
represents determines that other hours would provide better
snapshots of parking demand peaks and patterns.
3 It should be rated that some private parking facilities and spaces
may not be available to the public and /or inaccessible to Walker
survey staff. Walker staff will make every reasonable effort to
count all private, nonresidentiol spaces in the designated study
areas but will rate parking facilities that ore not accessible when
counting spaces.
" In many cases, we assume a larger number of blocks than is indicated within the
"subarea" maps within the City's General Plan. We do so in order to survey
parking occupancies along the (typically residential) blocks located adjacent to
these commercial districts and the beach areas. Should we be requested to study
a significantly larger or smaller area than assumed for the proposal, we would
adjust our scope and fee accordingly.
14
19
PROPOSAL FOR PREPARATION OF PARKING STUDY WA{"R
PREPARED FOR CITY OF NEWPORT BEACH AW PAWS CC"S LTAN7T
PARKING REQUIREMENTS AND MANAGEMENT PLAN JANUARY 31, 2008
MARCH 14, 2008
SCOPE REVISED
6. If counts are conducted during on off -peak month, make
adjustments for seasonality to project results for peak months of
the year.
7. Using a license plate inventory method (LPI), measure the
length of stay of porkers in public parking spaces in selected
parking spaces in each of the study areas on one day selected
in consultation with City staff. LPI surveys will either be of
entire blacks for on- street parking spaces or of parking facilities
containing significant (i.e. recommended no less than 40
spaces for off- street spaces) in order to maximize the number of
cars that can be counted.
8. Review the parking pricing policies (including hourly fees) for
public parking in effect in Newport Beach and at five
comparable cities in the region.
9. Combine the parking occupancy rates obtained using City
operations data with those obtained through on- street
occupancy counts in order to determine parking occupancy
rates at designated hours throughout the design day.
10. Create a map of each of the study areas that shows peak -hour
parking demand on a black -by -black (and lot-by -lot) basis for
the existing conditions observed.'
11. Determine the extent to which general or localized parking
shortages currently are occurring in commercial and
recreational as well as residential areas.
12. Using the Walker Shared Parking modeling process, project
the amount of additional parking demand that is expected to
occur based on future growth projections and program data
for new development planned for the areas of study. Growth
projections and program data on new development will be
provided by City staff.
13. Combine the projected additional demand for parking resulting
from new development and intensification of existing land uses
to the existing parking demand observed during occupancy
counts in order to determine the demand for parking spaces on
the determined design day, up to seven years in the future.
The modeling process may include breakdowns into subareas
' Such information will be demonstrated for private parking
facilities to the extent possible, but may be limited should less data
be available for private facilities.
15
P6
PROPOSAL FOR PREPARATION OF PARKING STUDY
WALKER
PREPARED FOR CITY OF NEWPORT BEACH MRKIti CONWtTWTS
PARKING REQUIREMENTS AND MANAGEMENT PLAN JANUARY 31, 2008
MARCH 14, 2008
SCOPE REVISED
(to be determined through discussion with City staff), so that
localized surpluses or shortages can be evaluated.
14. Review the City's and Coastal Commission's existing policies
regarding the establishment and operation of residential
parking permit districts.
15. In light of the findings from items 1 — 12, the goals of the
General Plan, and existing parking policies evaluate current
parking conditions and make recommendations for the purpose
of maximizing the efficiency of the non- residential parking
supply while, to the extent legally and practically passible,
minimizing parking impacts an residential streets located in
close proximity to commercial and recreational areas.
Recommendations will be made in the areas of:
A. Parking fees, including market rate pricing for the purpose
of managing parking demand and maximizing the
efficiency of the parking system.
B. Structuring rates based an location and associated level of
demand.
C. Structuring rates based an peak seasons, days and time of
day.
D. Hours in which parking fees and parking regulations should
be in effect.
E. Time limits.
F. Appropriate parking technology for the purpose of
effectively implementing policies.°
G. Residential parking permit policies, districts and programs.
H. Residential and commercial parking benefit districts.
I. Other appropriate parking tools and parking management
strategies.
" Discussions of parking technology and equipment will include general
recommendations only and will not go into details with regard to cost or
installation.
16
o ii
Y.n4
PROPOSAL FOR PREPARATION OF PARKING STUDY WALKER
PREPARED FOR CITY OF NEWPORT BEACH WMWICONSMTn Ts
PARKING REQUIREMENTS AND MANAGEMENT PLAN JANUARY 31, 2008
MARCH 14, 2008
SCOPE REVISED
TASK TWO: PUBLIC PARKING SUPPLY AND NEEDS
1. Based an the findings from items 1 — 12, the projected
efficiencies from policies discussed per item 13, and the goals
of the General Plan, quantify the amount of any parking
surplus or deficit in each of the study areas.
2. If o parking deficit exists or is projected to occur in the future,
determine whether or not the deficits warrant the creation of
additional parking facilities, including parking structures.
3. If it is determined that additional parking facilities ore
warranted, discuss available options for financing new
parking. Options will include parking revenue from parking
system users, in lieu fee programs, public- privote partnerships
and other alternatives.
4. Evaluate the City's current in lieu fee program and discuss
considerations for setting rates.
5. Technical Memorandum: For each of the five study areas,
prepare a separate draft technical memorandum outlining
parking demand and management study findings and
recommendations, covering Tasks 1 and 2 above.
6. Incorporate one consolidated set of comments from City staff
into each draft technical memorandum to create a final
Technical Memorandum, which will be incorporated as the first
section into a final report.
TASK THREE: IMPLEMENTATION PLAN
1. Prioritize the recommendations made in Tasks 1 and 2 above
based an maximizing the efficiency of parking spaces, using a
cast benefit approach and other approach as appropriate.
Discuss the timing of haw recommendations should be
implemented in terms of whether recommendations should be
made piecemeal, sequentially or concurrently.
2. Discuss the advantages and disadvantages of implementing
policies one -by-one in each study area.
3. If a market based parking pricing policy is recommended,
outline policies and procedures necessary to establish an
effective pilot program in two of the study areas.
�a
PROPOSAL FOR PREPARATION OF PARKING STUDY WALKER
PREPARED FOR CITY OF NEWPORT BEACH 1W PARKrN*COrzsUWbw
PARKING REQUIREMENTS AND MANAGEMENT PLAN JANUARY 31, 2008
MARCH 14, 2008
SCOPE REVISED
TASK FOUR: ZONING CODE — PARKING STANDARDS
1. Discuss "best practices" for parking codes, including minimum
parking requirements and policies, which are appropriate to
the needs of Newport Beach. The study will use the following
resources:
A. Parking generation rates for stand alone and shared land
uses, using data contained in Walker Parking Consultants'
Shared Parking Model and adjusted for the specific
conditions in each of the study areas.
B. An examination of five cities selected in consultation with
City staff and deemed reasonably comparable to Newport
Beach.
C. A review of literature, case studies and other discussions
of best practices regarding parking codes.
D. A review of the parking standards contained within
Newport Beach's zoning code and recommendations for
changes.
2. As part of the analysis of best practices discussed in item 1
above, evaluate specific policies with regard to how parking
requirements are determined for private property, particularly
with regard to the sharing of parking for the purpose of
maximizing parking efficiencies and eliminating the
overbuilding of parking as much as possible. This analysis
would include an evaluation of:
A. New land use designations, particularly in mixed use
areas, using shared parking concepts.
B. Whether different policies regarding the City's providing
public parking could allow for a reduction in off - street
requirements.
C. Whether private property owners should be given the
option of paying a fee in lieu of providing off- street
parking spaces.
D. The policy objectives that must be considered when
determining how in -lieu fees are set.
E. Whether a policy of allowing on street spaces to "count"
when determining the number of spaces required for new
uses is reasonable in all, some or no instances.
F. Whether it is reasonable to eliminate all minimum parking
requirements for some land uses or locations.
2
Ev
PROPOSAL FOR PREPARATION OF PARKING STUDY
PREPARED FOR CITY OF NEWPORT BEACH
PARKING REQUIREMENTS AND MANAGEMENT PLAN JANUARY 31, 2008
MARCH 14, 2008
SCOPE REVISED
G. Whether maximum parking requirements ore productive.
H. The advantages and disadvantages to designating some
parking spaces for car shoring programs, alternative fuel
vehicles, or allowing bicycle parking spaces to meet
minimum parking requirements.
3. Prior to the completion of the parking inventory and supply
analysis described in Tasks One and Two, prepare on initial
technical memo which contains on evaluation of the City's
parking codes and policies based on the discussion included
in items 1 and 2 (Task Four) above.
4. Upon the completion of Tasks One and Two, update the initial
evaluation of the parking code using the findings from the
parking inventory and supply analysis, in order to create o
draft of a comprehensive Parking Policy and Management Plan
for the City of Newport Beach.
5. Submit draft report for review by the Coastal Commission and
obtain one set of consolidated comments from the Commission
for the purpose of revisions.
6. Submit revised (per the Coastal Commission) draft report to the
City for review.
7. Incorporate one consolidated set of comments from City staff
into the draft report in item 6 above to create o final
comprehensive Parking Policy and Management Plan for the
City.
WALKER
G�WKN:G CCIVSL4TANTS
3
a�
PROPOSAL FOR PREPARATION OF PARKING STUDY WALKER
PREPARED FOR CITY OF NEWPORT BEACH MKO*CONSLAATWS
PARKING REQUIREMENTS AND MANAGEMENT PLAN JANUARY 31, 2008
MARCH 14, 2008
SCOPE REVISED
TASK 5: PUBLIC MEETINGS AND WORKSHOPS
(Underlined items indicated revised scope in Task 5.)
Items 1 — 7 below include seven meetings for each of the five
sensuate study areas in which we will conduct parking analyses.
These seven meetings per study area include one meeting with the
Coastal Commission for each of the five study areas. The result is a
totoLof 35 meetings, for the Durposes set out below.
One kick off meeting with the public will be held for each
stu_ , area for the Duroose of obtaining the community
input. Some specifics may include parking�oatterns within
the community including:
A. limes and locations of peak and impacted demand
for parking
B. identifying the parking characteristics of the various
parking user groups including customers, residents,
and employees
C. issues of parking "spillover" demand
D. identifying the design day for which the parking
system should accommodate demand
One meetina with the steerina committee selected for each
of the study areas, including representatives of the
Economic Development Committee and General Plan, Land
Uae and Circulation Plan Committees This meeting will be
held following Walker's counts of parking inventories and
occupancies for the study area The meeting will be used to
oresent initial findings from the parking counts, and obtain
feedback on findinas from members of the steerina
committee.
3. One meeting with City staff to discuss findings and
2mmed recommendations contained in a draft report
memorandum. which will be submitted to staff prior to the
meeting,
A. A second meetina with the steerina committee for the
purpose of presenting the recommendations for addressing
Parking issues contained in the draft report memorandum.
The meetina will be used to receive feedback on
recommendations and discuss Darkina Dolicv and Dlannina
issues. as
PROPOSAL FOR PREPARATION OF PARKING STUDY WALKER
PREPARED FOR CITY OF NEWPORT BEACH 1W au coraouAWS
PARKING REQUIREMENTS AND MANAGEMENT PLAN JANUARY 31, 2008
MARCH 14, 2008
SCOPE REVISED
5. A second meeting with the public for the purpose of
Presentinq findings and recommendations. discussing
parkin �v,olicv and Dlanning issues, and finalizing input
before creating a final report
6. One meeting, including a presentation of findings and
recommendations from the finalized report, before the
Newport Beach City Council.
7. One meeting with the California Coastal Commission to
discuss the recommended parking policies contained in the
final report.
8. Up to three meetings with Citv staff. communitv and /or the
Council with regard to recommended zoning code chances
and /or the Cm's narking in lieu fee program. Meetino
w-a to from those included in items 1 - 7 above will be
billed separately (see fee schedule).
5
M.
PROPOSAL FOR PREPARATION OF PARKING STUDY WALKER
PREPARED FOR CITY OF NEWPORT BEACH
PARKING REQUIREMENTS AND MANAGEMENT PLAN JANUARY 31, 2008
We believe that the project schedule outlined in the RFP will be VII. PROJECT SCHEDULE
unattainable due to the need for extensive fieldwork, data analysis,
community feedback and City /Coastal Commission meetings. Our
proposed alternative schedule is shown below.
Meeting with City Staff - Field Work and /or Data Collection
City Council and Committee Meeting - Report Deliverables
= Coastal Commission Meetings ■ - City or Coastal Commission Feedback
0
4/1- 4/165/1- 5/166/1. 6116716
7/168/1 8/169/1. 9/16 10 /1-
10/1611/1 11/1612/1
12/161/1- 1/16
Tasks 1 - 3, and 5
4/15 4/30 5115 5/31 6/15 6/30
7/15 7/31 8/15 8/30 9/15 9/30 10/15
10/30 11115 11/30
12/15 12/30 1115 /130
Corona del Mar
sxr
-.!
Mariners Mile
-€_
' --
Balboa Peninsula
-i?�,;ri{(•,.
,. ;�
Balboa Island
f#
West Newport
Task 4: Zoning Code and
Standards
Parking ®'-;j
Legend: = Community Meetings
Analysis and
Report Preparation
Meeting with City Staff - Field Work and /or Data Collection
City Council and Committee Meeting - Report Deliverables
= Coastal Commission Meetings ■ - City or Coastal Commission Feedback
0
I'
V 1
PROPOSAL FOR PREPARATION OF PARKING STUDY WALKER
PREPARED FOR CITY OF NEWPORT BEACH 4# eAaK04GC0WMTANn
PARKING REQUIREMENTS AND MANAGEMENT PLAN JANUARY 31, 2008
REVISED 3/14/08
We propose to provide the obovedescribed Scope of Services on
a not -to- exceed basis as described in the following table. Our
standard hourly billing rates for each team member who will be
directly involved in this project are included in the table.
VIII. COST DATA
PHASE
PRINCIPAL
SR. DESIGNER
CONSULTANT
ANALYST
5URVEY
ADMi
TOTAL
$ 1,160
CHK
PA
ST /RR
DA
YB
i
$86,415 -00
3
0
S 2901$
225
S 22515
1851$
77
task
Task 1
Task 2
Task 2
Task 3
Task 3
Task 4
Task 4
Task 5
Task5
$ 1,160
$
$ 8,775
$ 17,760
$
$86,415 -00
3
0
7
37
0
77
7
4
0
20
4
0
28
1,160
4, 00
4
r57.2
2
34
6
124
2,320
16,200
6,290
$ 420
25,550.00
0
0
231
0
0
$
$
$ 51,975
$
$
$51,975.00
otai Hours
rr
Total Budget
$ 5,510
$ -
$ 89,7751
$ 31,6351
$ 59,040
$ 420
1 $ 186,380
Walker will submit monthly invoices based on work completed plus
reimbursable expenses. Reimbursable expenses will be billed at
1.00 times the cost of travel and living expenses, purchase or rental
of specialized equipment, photographs and renderings, document
reproduction, postage and delivery costs, long distance telephone
and facsimile charges, additional service consultants, and other
project related expenses. Payment is due upon receipt of invoice.
,a
STANDARD BILLING RATES ~2008 WALKIER
CONSULTING SERVICES
PRINCIPALS
Senior Principal ...-...-....................................'.~`.............$340.00
PROJECT MANAGEMENT
Senior..............^.. .^....................
,. ............................... `,--'. ..... I.........
Assistant -- r*,-` Manager ~~~~~~~~^~~~~~~~~^~~~~~
PARKING CONSULTANTS
Senior Parking, Consultant ...............................................
_ Parking.Qonsultant ..........................................................
.~~,°�g Arta" ,. a°pp...^.^-.`/..^....~....
- .................. '.............. ..^��^....`~-
......................
^°^....-'~~~.`...-^-^.^.^.~",1°_.6~
~~~~.~.~ .................................. -
........................................................... $=.w
....... ......... ........................................ $185.00
DESIGN
Senior Engineer I Senior Architect .............. ",............................................................................ $235.00
$�U����-.-.. ^ �� ,� � `^��-,...... $160) A
- ^^^^^`^^^-^^-`-� ^^^^^��^^.`.� ~�. ``'^� ^^ ^�~�
Technician TECHNICAL
Senior.;,''-'-..... ��o .~^^'^. ....... ` ............... ........................................ --- $ 1
Technician^~^"^^^:^,r.r.^-,"^~-^-^^^^--^^^^^~^^^^^^~-^^^-^^^,'~^^^^$ '^~`~r
SUPPORT
SerliorAdirnin Assistant / Business .. ....................... .......................... '`,........... ;-=``.`...... $90.00
Adreinistrative Assistant ...................................... ........ ............... .... ... ....... '~ ......................... $70.00
Subjea to ammW v4usftw9 onlafwafy I sa(* year