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.
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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.
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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,
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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.
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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.
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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
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