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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. b 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 2 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. 3 1 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. 4 9 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. 5 1 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 6 �� 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. 7 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 8 0 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. 9 13 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 10 (`� 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 11 �5 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