HomeMy WebLinkAbout07-14-09 City Hall and Park Master Plan ProjectCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 13
July 14, 2009
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Stephen Badum
sbad u m (a)city. newi)ort- beach. ca. us
949 - 644 -3311
SUBJECT: CITY HALL AND PARK MASTER PLAN PROJECT - APPROVAL OF
PROFESSIONAL SERVICES AGREEMENT WITH RBF CONSULTING FOR
TRAFFIC ENGINEERING SERVICES
RECOMMENDATIONS:
Approve a Professional Services Agreement with RBF Consulting, Inc., of Irvine, California, for traffic
engineering services at a contract price of $99,500 and authorize the Mayor and the City Clerk to
execute the Agreement.
DISCUSSION:
The proposed work includes the preparation of traffic studies, TPO assessments, construction
traffic analysis, and traffic engineering analysis of potential roadway improvements and access
enhancements in conjunction with the City Hall and Park project. This work scope also provides
traffic engineering support for the ongoing preparation of environmental documentation. The
proposed fee for these professional services is $98,000 with a $1,500 allowance for reimbursables
for a total cost not to exceed $99,500 on a time and materials basis per the attached proposal and
hourly rates.
Environmental Review:
Traffic Engineering services are not projects as defined in the California Environmental Quality Act
(CEQA) Implementing Guidelines. Staff has retained an EIR consultant who will prepare
environmental documentation for the project.
Funding Availability:
There are sufficient funds available in the following account:
Account Description Account Number Amount
City Hall and Park Design 7410- C1002009 $ 99,500
Submitted by:
PSA with RBF Consulting
$ 99,500
PROFESSIONAL SERVICES AGREEMENT WITH
RBF CONSULTING FOR
TRAFFIC ENGINEERING SERVICES FOR
THE CITY HALL AND PARK PROJECT
THIS AGREEMENT is made and entered into as of this day of , 2009,
by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "),
and RBF CONSULTING, whose address is 14725 Alton Pkwy, Irvine, CA 92618
( "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 desires to engage Consultant to provide traffic engineering services upon
the terms and conditions contained in this Agreement.
C. Consultant possesses the skill, experience, ability, background, certification
and knowledge to provide the services described in this Agreement.
D. The principal member of Consultant for purposes of the Project shall be Mike
Erickson, P.E.
E. City has solicited and received a proposal from Consultant, reviewed the
previous experience, evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and
conditions set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term .of this Agreement shall commence on the above written date, and
shall terminate on the 30i' day of June 2010, unless terminated earlier as set
forth herein.
2. SERVICES TO BE PERFORMED
Consultant will provide contract traffic engineering services to the City of
Newport Beach in conjunction with the preparation of environmental
documents and traffic engineering design for the City Hall and Park Project
The consultant will review transportation and circulation issues associated with
the project, review and make recommendations on road alignments,
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intersection configurations and street sections, provide conceptual design plans
for EIR purposes, and prepare analyses and reports as required ( "Project ").
3. TIME OF PERFORMANCE.
Time is of the essence in the performance of services under this Agreement
and Consultant shall perform the services in a timely manner as necessary
for the City of Newport Beach to comply with the City Hall and Park project
schedule. The failure by Consultant to provide services in such a .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.
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, incorporated herein
by reference. Consultant's compensation for all work performed in
accordance with this Agreement, including. all: ,reimbursable items and
subconsultant fees, shall not exceed Ninety-Nine Thousand, Five Hundred.
Dollars and no/100.($99,500) 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 for 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
advance by City. Unless otherwise approved, such costs shall be
limited and include nothing more than the following costs incurred by
Consultant:
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A. Approved reproduction charges.
B. Travel expenses at the current mileage rate approved by the
IRS.
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 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 Scope of Work as set forth in Exhibit A.
5. PROJECT MANAGER
Consultant has designated Mike Erickson P.E., as 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 shall not remove or reassign. the Project Manager 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
Public Works Director Stephen Badum shall be the Project Administrator and
shall have the authority to act for City under this Agreement. The Project
Administrator or his authorized representative shall represent City, in all
matters pertaining to the services to be rendered pursuant to this Agreement.
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7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's
work schedule.
B. Provide photocopying, blueprinting and other services through City's
reproduction company. Consultant will provide electronic copies of
documents and the City will coordinate the required documents with
City's reproduction company. All other reproduction will be the
responsibility of Consultant.
8. - STANDARD OF CARE
8.1 All of the services shall be performed by Consultant or under
Consultant's supervision. Consultant represents that it possesses the
professional and technical personnel required to perform the services
required -by this..Agreement, and that it will perform all services in a
manner commensurate with community professional standards. All
.services shall be performed by qualified and experienced personnel
who are not employed by City, nor have any contractual relationship
with City.
8.2 Consultant represents and warrants to City that it has or shall obtain all
licenses, permits, qualifications, insurance and approvals of
whatsoever nature that are legally required of Consultant to practice its
profession. Consultant further represents and warrants to City that
Consultant shall, at its sole cost and expense, keep in effect or obtain
at all times during the term of this Agreement, any and all licenses,
permits, insurance and other approvals that. are legally,. requi red of
Consultant to practice its profession. Consultant shaft maintain a City
of Newport Beach business license during the.term of this Agreement.
8.3 Consultant shaft 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, defend and
hold harmless City, its City Council, boards and commissions, officers,
agents, volunteers and employees (collectively, the "Indemnified Parties)
from and against any and all claims (including, without limitation, claims for
bodily injury, death or damage to property), demands, obligations, damages,
actions, causes of action, suits, losses, judgments, fines, penalties, liabilities,
costs and expenses (including, without limitation, attorney's fees,
disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims "), which may arise from or in any
manner relate (directly or indirectly) to the negligence, recklessness, or willful
misconduct of the Consultant or its principals, officers, agents, employees;
vendors, suppliers, consultants, subcontractors, anyone employed directly or
indirectly by any of them or for whose acts they may be liable or any or all of
them.
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from
the sole negligence, active negligence or willful misconduct of the Indemnified
Parties. Nothing in this indemnity shall be construed as authorizing any
award of attorney's fees in any action on or to enforce the terms of this
Agreement. This indemnity shall apply to all claims and liability regardless of
whether any insurance policies are applicable. The policy limits do riot act as
a. limitation upon the amount of indemnification to be provided by the
Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor
basis and Consultant is not an agent or employee of City. The manner and
means of conducting the work are under the control of Consultant, except to
the extent they are limited by statute, rule or regulation and the expressed
terms of this Agreement. Nothing in this Agreement shall be deemed to
constitute approval for Consultant or any of Consultant's employees or
agents, to be .the agents or employees of City. Consultant shall have the
responsibility for and control over the means of performing the work, provided
that Consultant is in compliance with the terms of this Agreement. Anything
in this Agreement that may appear to give City the right to direct Consultant
as to the details of the performance or to exercise a measure of control over
Consultant shall mean only that Consultant shall follow the desires of City
with respect to the results of the services.
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11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or
interest in the work to be performed. City agrees to cooperate with the
Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision
points in order to ensure the Project proceeds in a manner consistent with
City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and /or histher
duly authorized designee informed on a regular basis regarding the status
and progress of the Project, activities performed and planned, and any
meetings that have been scheduled or are desired.
14. _INSURANCE
Without limiting Consultant's indemnification of City, and prior to
commencement of work. Consultant shall obtain, provide and maintain at its
own expense during the term of this Agreement, a policy or policies of liability
insurance of the type and amounts described below and in a form satisfactory
to City.
A. Certificates of lnsrirance. 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's 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. Ail insurance policies shall be issued by an
insurance company currently authorized by the Insurance
Commissioner to transact business of insurance in the State of
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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. 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 genera[
aggregate limit shall be at least twice the required occurrence
limit.
ii. 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.
iii. 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 Erriployer's Liability Insurance in
accordance with the laws of the State of California for all of the
subcontractor's employees. Any notice of cancellation or non-
renewal of all Workers' Compensation policies must be received
by City at least thirty (30) calendar days (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.
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).
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E. Endorsements. Each general liability and automobile liability
insurance policy shall be endorsed with the following specific
language:
L The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds
with respect to liability arising out of work performed by or on
behalf of the Consultant.
Ii- This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees,
agents and volunteers as respects to all claims, losses, or
liability arising directly or indirectly from the Consultant's
operations or services provided to City. Any insurance
maintained by City, including any self- insured retention City may
have, shall be considered. excess insurance only and not
contributory with the insurance provided hereunder.
N. 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 orjoint- venture.
16. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into
this Agreement is the professional reputation, experience and competence of
Consultant. Assignments of any or all rights, duties or obligations of the
Consultant under this Agreement will. be permitted only with the express
written consent of City. Consultant shall not subcontract any portion of the
work to be performed under this Agreement without the prior written
authorization of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents "), prepared or caused to be prepared by
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.
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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.
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.
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
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greater than what would have resulted if there were not errors or omissions in
the work accomplished by Consultant, the additional design, construction
and /or restoration expense shall be borne by Consultant. Nothing in this
paragraph is intended to limit City's rights under any other sections of this
Agreement.
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 indemnity 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, to City by Consultant and
conclusively shall be deemed served when delivered personally, or on the
third business day after the deposit thereof in the United States mail, postage
prepaid, first -class mail, addressed as hereinafter provided. All notices,'
demands, requests or approvals from Consultant to City shall be addressed
to City at:
Attn: Stephen Badum
Public Works Director
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 -644 -3311
Fax: 949) 644 -3318
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All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Attn: Mike Erickson
RBF Consulting
P.O. Box 57057
Irvine, CA 92619- 7057
Phone: (949) 472 -3505
Fax: (949) 837 -4122
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, the non -
defaulting party may terminate the Agreement forthwith by giving to the
defaulting. party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by
giving seven (7) calendar days prior written notice to Consultant. In the event
of termination.. under this Section, City shall .pay Consultant for services
satisfactorily performed and costs incurred up to the effective date of
termination for which Consultant has not been previously paid. On the
effective date of termination, Consultant shall deliver to City all reports,
Documents and other information developed or accumulated in the
performance of this Agreement, whether in draft or final form.
27. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities,
including federal, state, county or municipal, whether now in force or
hereinafter enacted. In addition, all work prepared by Consultant shall
conform to applicable City, county, state and federal laws, rules, regulations
and permit requirements and be subject to approval of the Project
Administrator and City.
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28. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent
breach of the same or any other term, covenant or condition contained
herein, whether of the same or a different character.
29. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind
or nature whatsoever between the parties hereto, and all preliminary
negotiations and agreements of whatsoever kind or nature are merged
herein. No verbal agreement or implied covenant shall be held to vary the
provisions herein.
30. CONFLICTS OR-INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this
Agreement and the Scope of Services or any other attachments attached
hereto, the terms of this Agreement shall govern.
31. 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.
32. 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.
33. 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.
34. 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:
By:
Myngft6 D. Bea mp,
Assistant City A rney
for the City of Newport Beach
ATTEST:
Leitani Brown,
City Clerk
for the City of Newport Beach
CITY OF NEWPORT BEACH,
A Municipal Corporation
Edward D, Selich,
Mayor
for the City of Newport Beach
RBF CONSULTING, INC.:
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John McCarthy,
Vice President
Douglas J. Frost,
Executive Vice President,
Chief Financial Officer
Attachments: Exhibit "A" - Scope of Work
Exhibit "B" - Schedule of Hourly Rates
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awl-
April 8, 2009 CONSULTING JN: 10- 106738
Mr. Tony Brine
Transportation & Development Services Manager
CITY OF NEWPORT BEACH
3300 Newport Boulevard
Newport Beach, California 92663
Subject: City Hall Transportation Support
Dear Mr. Brine:
This letter is submitted as a proposal to provide transportation support services for the
proposed City Hall and park complex fronting Avocado Avenue within Newport Center.
Per your request, the efforts are intended to provide support in two primary categories of
transportation engineering: 1) the traffic study and Transportation Phasing Ordinance
assessment and 2) the assessment of traffic patterns along the easterly side of Newport
Center and development of conceptual improvements and operational strategies to
enhance access to this area.
Because the specific scope of these efforts, particularly regarding the access
enhancements, is subject to modifications, this proposal is structured to be administered
on a time and materials basis consistent with budgets established for the primary
categories of support identified to date. RBF's efforts would occur at the direction of you
and the City's project team. Billing would occur monthly,on a time and materials basis
based on the attached 2009 Billing Rates and specifically include sub - consultant efforts,
primarily for traffic counts.
Following is the description of the tasks identified to date and the associated
recommended budget for each task:
TASK 1 DATA COLLECTION
Peak hour intersection turning movement counts and a trip generation /parking
count of the current city hall facility are proposed under this task. Based on the
44 study intersections identified to date and the list of those intersections being
counted through the standard city program, it is anticipated that morning and
evening peak hour intersection counts could be required at up to a maximum of
34 locations, with half . of them assumed to require two person crews.
Additionally, it is proposed that a four person crew monitor the trip generation
and parking associated with the current city hall over a period of ten hours of one
day.
(Recommended Budget = $15,000)
PLANNING O DESIGN 0 CONSTRUCTION
14725 Alton Parkway, Irvine, CA 926182027 • P.O. Box 57057, Irvine, CA 925197057 • 949.472.3505 • Fax 949.472.8373
Offices located throughout California, Arizona & Nevada 0 v .RBF.conn
RBF Consultina
TASK 2 TRAFFIC REPORT
A traffic report including a Traffic Phasing Ordinance assessment will be
prepared for a project consisting of a 90,000 SF City Hall, a 20,000 SF expansion
of the Library and 10 acres of Park Use. Minimal efforts are anticipated
addressing project and /or locational alternatives and it is assumed that the
analysis will address approximately 45 intersections within or along the
boundaries of Newport Beach. This proposal does not include use of the City's
traffic model, with any such efforts that might become necessary being provided
outside this scope of work.
(Recommended Budget = $30,000)
TASK 3 CONSTRUCTION TRAFFIC ASSESSMENT
An assessment of the construction - related traffic will be performed for the
purpose of identifying the VMT and VHT related to the exporting of excess dirt
from the project site.
(Recommended Budget = $2,000)
TASK 4 ACCESS ENHANCEMENT STUDY
An assessment of the traffic patterns along the west side of Newport Center
between San Joaquin Hills Road and Coast Highway will be prepared. The
assessment will identify existing and future traffic patterns, building on the
preliminary efforts accomplished mid last year. Specifically, identification of
potential improvements to .San Miguel (MacArthur to Newport Center Drive),
Avocado, MacArthur and nearby intersections will be considered. Conceptual
improvements will be identified including both roadway and /or operational
improvements. Conceptual improvements and /or operational strategies will be
documented as well as related cost estimates for their implementation.
(Recommended Budget = $30,000)
TASK 5 TRAFFIC OPERATION SIMULATIONS
Traffic simulations will be prepared for up to three alternative improvement
programs to the westerly portion of Newport Center for the AM and PM peak
hour conditions.
(Recommended Budget = $6,000)
TASK 6 MEETINGS AND CONSULTATION
This task will cover attendance of RBF personnel at meetings, public hearings
and for phone consultations. For budget purposes, a total of 90 hours has been
assumed.
(Recommended Budget = $15,000)
City Hall Transportation-Support— City of Newport Beach Page 2
Newport Beach, CA April 8, 2009
TASK 7 REIMBURSABLE COSTS
Reimbursable direct costs for items such as reproduction, messenger service
and travel will be billed at cost plus ten percent.
(Recommended Budget = $1,500)
The cumulative budget total is $99,500, and the total would not be.exceeded without first
obtaining your approval. Similarly, the recommended budget for each sub -task would
not be exceeded without firs[ receiving approval in order to maintain budgetary control
throughout the process.
We greatly appreciate the opportunity to work on this project and look forward to the
opportunity to provide positive input to the project as it develops through the process.
Please call me (949/855 -5744) with any questions you may have regarding this proposal
or if you require further information.
Very truly yours,
Senior Assoc6te
Attachment — 2009 Fee Schedule
Cc: Steve Badum.— City of Newport Beach
H:\pdata\10106738\Scope\S_Badum City Hall Transportatioin Support 4.08.09.doc
City Hal! Transportation Support — City of Newport Beach Page 3
Newport Beach, CA April 8, 2009
EXHIBIT B
SCHEDULE OF HOURLY RATES
OFFICE PERSONNEL$ / hr.
.Senior Principal.. .................................................... —.1 .................
'250.00
Principal.............................................................. ...............................
.........................230.00
ProjectDirector ................................................... ..............:................
.........................210.00
Senior Project Manager ...................................... ...............................
.........................198.00
ProjectManager .................................................. ...............................
.........................190.00
Structural Engineer ...:......................................... ...............................
.........................190.00
TechnicalManager ............................................. ..........:....................
.........................177.00
SeniorEngineer .................................................. ...............................
.........................160.00
SeniorPlanner .................................................... ...............................
....:....................160.00
ElectricalEngineer .............................................. .......................:.......
.........................153.00
Landscape Architect ........................................... .:.............................
.........................149.00
SeniorGIS Analyst .............................................. ...............................
.........................146.00
ProjectEngineer ................................................. .....................:.........
.........................144.00
ProjectPlanner ................................................... ...............................
.........................144.00
Environmental Specialist ......................:.............. ...............................
.........................135.00
Design Engineer /Senior Designer/ Mapper .......... ...........................:...
.........................132.00
GISAnalyst .......................................................... ...............................
.........................119.00
Designer /Planner ................................................ ......:........................
.........................114.00
GraphicArtist ....................................................... ...............................
..........................97.00
Environmental AnalysVStaff Planner .................... ...............................
..........................97.00
DesignTechnician ...................:........................... ..............I................
..........................95.00
Assistant Engineer/ Planner .................................. ......................:........
..........................91.00
Engineering Aid/Planning Aid ..........:.................... ...............................
..........................73.00
FIELD PERSONNEL
2- Person Survey Crew.. ........................................................................
....................... 240.00
1- Person Survey Crew.. ........................................................
............... ...................... 165.00
Licensed Surveyor .............................................. ...............................
.........................175.00
FieldSupervisor .................................................. ...............................
.........................170.00
CONSTRUCTION MANAGEMENT PERSONNEL
Construction Manager ......................................... ...............................
.........................180.00
Resident Engineer /Project Manager... ........................ .............
........... ...................... 151.()o
Senior Construction Inspector ............................. ...............................
.........................119.00
Construction Inspector ........................................ ...............................
.........................115.00
Field Office Engineer .:........................................ ...............................
.........................109.00
Construction Technician ..................................... - . ................................
.................. ..... .95.00
OTHER SERVICES AND FEES
Project Coordinator ............................................. ...............................
.........................108.00
PermitProcessor ................................................. ...............................
..........................81.00
Clerical/Word Processing..... ..... _ .................. ...............................
........................... ......6300
Consultation Relative to Legal Act ions ............... ...............................
..........................35000
Vehicle Mileage.... ... .................................... ......................
.............. .............. .... 0.60/Mile