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HomeMy WebLinkAboutC-2705 - Analysis of Traffic Management Initiative� � f CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 6443005 TO: FINANCE DIRECTOR FROM: CITY CLERK DATE: August 4, 1988 SUBJECT: Contract No. C -2705 Description of Contract Agreement for the Analysis of the Traffic Management Initiative Effective date of Contract August 3, 1988 Authorized by Minute Action, approved on June 27, 1988 Contract with DKS Associates Address 1956 Webster Street, Suite 300 Oakland. CA 94612 Amount of Contract (See Agreement) Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach CONSULTANT AGREEMENT A L%lIGU6T THIS AGREEMENT, entered into this &AIL day of 40W, 1988, by and between CITY OF NEWPORT BEACH, a municipal corporation (hereinafter referred to as "City "), and DKS Associates, a California Corporation whose address is 1956 Webster Street, Suite 300, Oakland, California, 94612 (hereinafter referred to as "Consultant "), 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 the City. B. City and Consultant desire to enter into an agreement for the analysis of the Traffic Management Initiative upon the terms and conditions herein. 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 1st day of July, 1988, and shall terminate on the 1st day of December, 1988, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED: Consultant shall perform each and every service set forth in Exhibit "A" which is attached hereto and incorporated herein by this reference. 1 0 3. COMPENSATION TO CONSULTANT: Consultant shall be compensated for services performed pursuant to this Agreement in the amount and manner set forth in Exhibit "B" which is attached hereto and incorporated herein by this reference. 4. STANDARD OF CARE: Consultant agrees to perform all services hereunder in a manner commensurate with the community professional standards and agrees that all services shall be performed by qualified and experienced personnel who are not employed by City nor have any contractual relationship with City. 5. INDEPENDENT PARTIES: City and Consultant intend that the relation between them created by this Agreement is that of employer- independent contractor. 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 express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Consultant's services. None of the benefits provided by City to its employees, including but not limited to unemployment insurance, workers' compensation plans, vacation and sick leave are available from City to Consultant, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer - employee K relationship from any fees due Consultant. Payments of the above items, if required, are the responsibility of Consultant. 6. HOLD HARMLESS: Consultant shall indemnify and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees, regardless of the merit or outcome of any such claim or suit arising from or in any manner connected to Consultant's negligent performance of services or work conducted or performed pursuant to this Agreement. Consultant shall indemnify and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees, accruing or resulting to any and all persons, firms, or corporations furnishing or supplying work, services, materials, equipment or supplies arising from or in any manner connected to the Consultant's negligent performance of services or work conducted or performed pursuant to this Agreement. 7. INSURANCE: On or before the commencement of the term of this Agreement, Consultant shall furnish City with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with paragraphs 7A, B, C and D. Such certificates, which do not limit 01 9 0 Consultant's indemnification, shall also contain substantially the following statement: "Should any of the above insurance covered by this certificate be cancelled before the expiration date thereof, the insurer afforded coverage shall provide thirty (30) days' advance notice to the City of Newport Beach by certified mail, Attention: Traffic Engineer." It is agreed that Consultant shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company that is acceptable to City and licensed to do insurance business in the State of California. A. COVERAGE: Consultant shall maintain the following insurance coverage: California. (1) Worker's Compensation: Statutory coverage as required by the State of (2) Liability: Comprehensive general coverage in the following minimum limits: Bodily Injury: $500,000 each occurrence $1,000,000 aggregate products /completed operations $1,000,000 aggregate - all other (if applicable) Property Damage: $100,000 each occurrence $250,000 aggregate 4 0 If submitted, combined single limit policy with aggregate limits in the amount of $1,000,000 will be considered equivalent to the required minimum limits shown above. (3) Automotive Comprehensive automotive liability coverage in the following minimum limits: Bodily Injury: $500,000 each occurrence Property Damage: $100,000 each occurrence or Combined Single Limit $500,000 each occurrence (4) Professional Liability Professional liability insurance which includes coverage for the professional acts, errors and omissions of Consultant in the amount of $1,000,000 per occurrence and in aggregate. B. SUBROGATION WAIVER: Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general liability insurance, that Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 5 • C. FAILURE TO SECURE: If Consultant at any time during the term hereof should fail to secure or maintain the foregoing insurance, City shall be permitted to obtain such insurance in the Consultant's name or as an agent of the Consultant and shall be compensated by the Consultant for the costs of the insurance premiums at the maximum rate permitted by law computed from the date written notice is received that the premiums have been paid. D. ADDITIONAL INSURED: City, its City Council, boards and commissions, officers, and employees shall be named as an additional insured under all insurance coverages, except any worker's compensation and professional liability insurance, required by this Agreement. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. 8. PROHIBITION AGAINST TRANSFERS: Consultant shall not assign, sublease, hypothecate, or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without said consent shall ;i 0 0 be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 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, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power of the corporation. 9. PERMITS AND LICENSES: Consultant, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses and certificates that may be required in connection with the performance of services hereunder. 10. REPORTS: Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. The City, its City Council, boards and commissions, officers and employees shall indemnify and hold harmless the Consultant from and against any and all loss, damages, liability, claims, suits and expenses whatsoever, including reasonable attorneys fees, arising from use, by the City, of the products /documents YI 0 0 prepared under this Agreement, for purposes other than those intended by this Agreement. No report, information or other data given to or prepared or assembled by Consultant pursuant to this Agreement shall be made available to any individual or organization by Consultant without prior approval by City. Consultant shall, at such time and in such form as City may require, furnish reports concerning the status of services required under this Agreement. 11. RECORDS: Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at all proper times to such books and records, and gives City the right to examine and audit same, and to make transcripts therefrom as necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents F1 0 and records and shall be maintained for a period of three (3) years after receipt of final payment. 12. NOTICES• All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals from Consultant to City shall be addressed to City at: City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92658 -8915 Attention: Traffic Engineer All notices, demands, requests, or approvals from City to Consultant shall be addressed to Consultant at: DKS Associates 411 West 5th Street, Suite 500 Los Angeles, CA 90013 Attention: Michael P. Meyer 13. TERMINATION: In the event Consultant hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Consultant shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days after receipt by Consultant from City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, City may 01 0 0 terminate the Agreement forthwith by giving to the Consultant written notice thereof. City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 14. COST OF LITIGATION: If any legal action is necessary to enforce any provision hereof or for damages by reason for an alleged breach of any provisions of this Agreement, the prevailing party shall be entitled to receive from the losing party all costs and expenses in such amount as the court may adjudge to be reasonable attorneys' fees. 15. COMPLIANCES: Consultant shall comply with applicable state or federal laws, and applicable ordinances, rules and regulations enacted or issued by City in accordance with the standard of care exercised by professional engineers performing similar services in the same area. 16. WAIVER• A waiver by City 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 0 we, 0 0 condition contained herein whether of the same or a different character. 17. 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 hereof. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 18. SAFETY REOUIREMENT: All work performed under this contract shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL -OSHA. City reserves the right to issue restraint or cease and desist orders to Consultant when unsafe or harmful acts are observed or reported relative to the performance of work under this Agreement. Consultant shall maintain the work sites free of hazards to persons and /or property resulting from his operations. Any hazardous condition noted by Consultant, which is not a result of his operations, shall immediately be reported to City. 19. SUBCONTRACTOR APPROVAL: Unless prior written consent from City is obtained, only those people and subcontractors whose names and resumes in this Agreement and any attachments thereto shall be used in the performance of this Agreement. 11 • • In the event that Consultant employs subcontractors such subcontractors shall be required to furnish proof of worker's compensation insurance and shall in addition be required to carry general and automobile liability insurance in reasonable conformity to the insurance carried by Consultant. 20. UTILITIES• Consultant shall pay all charges for fuel, gas, water, electricity, telephone services and any other utilities necessary to carry on the operations of Consultant. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. CONSULTANT: DKS Ass ciates, a Cal i foiia Corporat BY: ATTEST: CITY CLERK IV, u ATTACHMENT 1 ANALYSIS OF THE TRAFFIC MANAGEMENT INITIATIVE SCOPE OF SERVICES TASK 1. AVERAGE STOP DELAY The Initiative would introduce the use of the 15- minute peak period delay as an indicator of acceptable level of traffic service at signalized inter- sections. To assess the implications of analysis based on delay, and to provide a basis for a standard methods of application. the following will be performed: a. Evaluate the use of average stop delay as a criteria for judging the traffic impact of future development. b. Provide estimated average delay values for the current list of 54 critical intersections based won existing and committed traffic volumes. Delay values shall be determined by analyzing a representative sample of six intersections agreed upon by the Consultant and the City. C, Develop a list of recommended adjustment factors to apply to arterials within the City of Newport Beach. Factors should be provided for the volume adjustment and saturation now parameters. d. Provide a comparison of the absolute maximum delay value of 35 seconds with the absolute maximum ICU value of 0.95. Evaluate which limit is more restrictive if there is aqy difference between the two. TASK 2. INTERSECTION CAPACITY UTILIZATION (ICU) The Initiative sets forth specific values to be used in calculating Iqi ratios which are different from those currently used in reports prepared under the Traffic Phasing Ordinance. It also sets an absolute maximum value for ICU at any intersection impacted tW a protect, Using existing traffic count data and ICU levels of service information provided by the City to satisfy the existing Traffic Phasing Ordinance requirementse the impact of lowering the acceptable.value for an ICU from 0.90 to 0.89 and including a five percent yellow factor will be evaluated. Additional intersections, if any. which Mill require improvement under the revised definition of acceptable level of service. will be identified. -1- EXHIBIT A T II TASK 3. TRAFFIC PHASING ORDINANCE IMPROVEMENTS a. Based on information provided by the City. a list the improvements which have been constructed to mitigate traffic impacts as iden- tified by the Traffic Phasing Ordinance will be compiled. It is understood that the CIty has maintained a list since 1978. Where necessary. DKS will verify that the work has been completed. b. For the improvements identified above, actual cost figures will be obtained. If unable to obtain actual costs from the devel- opers, estimated costs will be developed. TASK 4. REQUIRED INTERSECTION IMPROVEMENTS a. Upon completion of the ICU analysis in Task 2, a list of improve - ments required to bring all intersections Into conformance with the delay and ICU criteria of the Initiative will be developed. b. Preliminary drawings will be prepared for each improvement. The originals and three sets of 40 scale drawings will be provided to the City with reduced copies included is the final report. The City will be expected to provide DKS with as -built drawings illustrating the existing intersection design. c. A map of the City will be prepared depicting the locations and extent of each identified improvement. d. The number and extent of improvements required to satisfy the Traffic Management Initiative will be compared with those neces- sary to meet the requirements for the Traffic Phasing Ordinance. Conditions represented in this analysis assume traffic volumes based on existing counts plus traffic from committed projects plrs five years of regional growth. TASK S. COST OF Prepare order -of- magnitude cost estimates for the identified Improvements. Right- of-way costs shall be stated separately and shall be based upon an assumed cost of f6S per square foot. Costs shall be provided for the improvements identified in both 4.a and 4.b above. -2- 11 0 0 TASK 6. DOCUMENTATION DKS Associates will prepare a report documenting assumptions. methodology, analysis and findings relative to the above tasks. In addition, we will be prepared to present the findings before City staff and the City Council if so desired. 8632.a8086toi.pro -3- I $ b § $ & � /\ /\ |� 2 � \ 2 $ i ± ) / ) ) � k ƒ _ M & � � .. ... ;. ® C13 J 2 } ®2°§ RJR q m e �cz _ ° - � _ . �! ) . . - _ m - ) \ 2 . _ < ( \ L 2 s E a ® \ ) J « \ - \ \ 5 2 2 cn _ \ \ » . . e O . a . , \ > .- g _00 _ a) _ _ 7 \ c - m m m m / -- # f � 12 rs \� § 2 3 /\ / /'/ . _ . cz . r _ ! G Q DKS Associates FEESCHEDULE Engineers and Planners Hourly Rate 1 $35 2 40 3 45 4 50 5 55 6 60 7 65 8 70 9 75 10 80 11 85 12 90 13 95 14 100 15 105 16 110 Technicians and Support Staff A $20 B 25 C 30 D 35 E 40 F 45 G 50 H 55 1 60 J 65 Project expenses will be billed at cost plus 10 percent for service and handling. Project expenses include project- related costs such as transportation, subsistence, reproduction, postage, telephone, computer charges and subcontractor services. All invoices are due and payable within 30 days of date of invoice. Invoices outstanding over 30 days will be assessed a 2 -1/2 percent service charge, not to exceed the maximum allowable by law, for each 30 days outstanding beyond the initital payment period. Service charges are not included in any agreement for maximum charges. These rates are effective June 1, 1988 and are subject to revision June 1, 1989. Expert witness charges are available upon request. BY THE CITY COUNCIL • CITY Of NEWPORT BEACH JUN 2 7 1988 n ►'1'R!►ym) TO: CITY COUNCIL FROM: Public Works Department C -z7�s June 27, 1988 CITY COUNCIL AGENDA ITEM NO. J -2 SUBJECT: ANALYSIS OF THE TRAFFIC MANAGEMENT INITIATIVE RECOMMENDATION 1. Authorize the Mayor and City Clerk to execute an Engineering Services Agreement with the consulting firm of DKS Associates for the analysis of the Traffic Management Initiative. • 2. Adopt a budget amendment in the amount of $50,000 to fund the analysis of the Traffic Management Initiative. DISCUSSION The City Council on May 23, 1988 directed staff to retain an engineering consultant to perform a technical analysis of the Traffic Management Initiative (TMI). Requests for Proposal were sent to three firms and two firms responded by submitting detailed proposals describing the work to be done and the methods to be used in the analysis. The Scope of Services contains five major elements as follows: 1. Average Stop Delay - The TMI would introduce the use of average stop delay during the 15 minute peak traffic periods as a measure of intersection level of service. The consultant will evaluate whether this is an appropriate criterion and will provide estimated values of • delay for existing critical intersections. They will also compare the results of using this method of evaluation with the Intersection Capacity Utilization (ICU) method. 2. Intersection Capacity Utilization - The Initiative would redefine the way ICU's are calculated and would establish new threshold values for defining acceptable level of service. The effect of these changes will be identified by the consultant. FA 3. Traffic Phasing Ordinance (TPO) Improvements - The consultant will compile a listing of the various intersection improvements that have been constructed to • meet the requirements of the TPO since its adoption in 1978. The costs of these improvements will also be documented. 4. Required Intersection Improvements - The consultant will prepare a listing of the improvements required to bring all intersections into compliance with the provisions of the TMI. The improvements will be sufficient to accommodate existing traffic plus traffic from committed projects plus five years of regional traffic growth. The consultant will prepare preliminary drawings of all required improvements as well as comparing them with those improvements necessary to satisfy the requirements of the TPO. 5. Costs - The costs to construct the improvements identified as necessary to satisfy the TMI will be estimated. Right of way costs will be included in the total cost but will be listed separately. The consultant has indicated that it will take twelve weeks to •complete the analysis and produce the final report. At least one and possibly two interim reports will be prepared at the conclusion of significant portions of the analysis. The consultant has further stated that they will make every attempt to expedite the completion of this analysis. A copy of the consultant's work schedule is included as Attachment A. The consulting firm selected by staff, DKS Associates, has offices in Oakland, San Jose and Los Angeles, with the Los Angeles office being their newest. The local office has both public and private sector clients with approximately 75% of their current workload being with the public sector. DKS Associates has performed little work for the private sector in Orange County and has done work for the Cities of Anaheim, Santa Ana and Irvine as well as public agencies in Los Angeles, San Bernardino, and Santa Barbara Counties. Staff has reviewed the consultant's proposal and believes that the schedule of work and the fee are both reasonable and realistic. The consultant is prepared to begin work immediately upon approval by the City Council and staff has scheduled to meet with them •accordingly. Copies of the complete proposal are available for re�the Public Works Department. J44 FOIL Richard M. Edmonston Traffic Engineer RME:bb Attachment A: Schedule C N r-, O ON 00 Y 4/ C1 3 � v • w ch J O = N V N • 2 Y N N H 0 I* S 1) U1 U m +J 4 X X X X X X X X X X X X X X X x x x x x x x X X X X x x X X X X x x X X X X X X x x x x X. X X X X X X X X X x x x x x x x x x X x X x x x X X x x x x x x x x X x x X X X x x X X x x x x X x X x X x X X X X X X X X X X X X X X X X X ' X X X X X X X X X X X H C c d � N C Y O > > C r O 41 L E E 0 N N N E E > .. o L r a� u V E E N > c C i� r O v� r V r Y >o U i y! C N n v E C) N 0 N (v C) V C L > r 0) O C cx C N ♦J L O O O N C G Y r t r E 4- N Y d N U Y d N V 0) C U N r L 0 O d L G a) v Y 10 N c Q V > > C L d O O �--� N C7 I* S 1) U1 U m +J 4