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HomeMy WebLinkAboutC-3061 - Transportation Modeling Work in Conjunction with an Update to the Circulation Element of the General Plan• n i� Cqo C 3 O (D April 22, 1996 CITY COUNCIL AGENDA ITEM NO. 8 TO: Mayor and Members of the City Council FROM: Public Works Department APR 2_ SUBJECT: PROFESSIONAL SERVICES CONTRACT FOR TRANSPORTATION MODELING RECOMMENDATIONS: 1. Authorize staff to retain the consulting firm of Austin -Foust Associates, Inc. to perform transportation modeling work in conjunction with an update to the Circulation Element of the General Plan. 2. Approve a budget amendment to transfer $29,000 from Account No. 7181 - 05100070 to Account No. 7014- C5200143. DISCUSSION: Amendments to the General Plan may be initiated three times per year. Initiation of an amendment to the Circulation Element was approved by the City Council several cycles ago but not actively pursued due to staff workload. The purpose for the amendment is to update the Circulation Element to reflect changes in the highway network in areas surrounding the City and to review the element from the perspective of its impact to future developments in Newport Beach. Work on this amendment was recently begun and a proposal for modeling services was requested from the firm of Austin -Foust Associates, Inc. The attached proposal in the amount of $45,000 was received and has been reviewed. It is recommended that this proposal be accepted and the consultant authorized to proceed with the work. Funding for this work exists within the current budget, but requires a Budget Amendment to transfer $29,000 from Account 7181 C5100070 "EIR/Preliminary Plans" to Account No. 7014- C5200143 "Transportation Model Maintenance ". 0 0 SUBJECT: PROFESSIONAL SERVICES CONTRACT FOR TRANSPORTATION MODELING April 22, 1996 • Page 2 It shodid be noted that the proposed schedule for this modeling work is highly accelerated. Considerable staff time will be required from the Planning and Public Works Departments for this project and the schedule will result in some delay to lower priority work. Both departments have been working on preliminary data collection and analysis in.order to accomplish this Circulation Element update as quickly as possible. Respectfully submitted, ; t Public Works Department Don Webb, Director By: &a.aa.. A" Richard M. Edmonston Transportation & Development Services Manager Attachment: Austin -Foust Associates, Inc., proposal • City of Newport Beach NO. BA- 039 OUDGET AMENDMENT Q 1995 -96 AMOUNT: 529,000.00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase Budget Appropriations AND X Transfer Budget Appropriations SOURCE: I &Y6-Flu"' X from existing budget appropriation from additional estimated revenue APR 2 2 from unappropriated fund balance EXPLANATION: PRA This budget amendment is requested to provide for the following: Increase in Budgetary Fund Balance Decrease in Budgetary Fund Balanc X No effect on Budgetary Fund Balanc PL1C-ATE CO KY Transfer $29,000 from one capital project account into the Transportation Model Maintenance account. The funds will be used to retain the Austin -Foust Associates, Inc. consulting firm to perform modeling work as part of the General Plan. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account General Fun 010 3605 Description Fund Balance Control •REVENUE APPROPRIATIONS (3601) Fund/Div Account Description EXPENDITUREAPPROPRIATIONS (3603) Description Divisio Number 7181 Gas Tax Accoun Number C5100070 EIR/Preliminary Plans Divisio Number 7014 Accoun Number C5200143 Divisio Number Accoun Number Divisio Number Accoun Number Project Number Miscellaneous & Studies Transportation Model Maintenance Signed: /z�1/Xi -11 Fi ncial proval: Finance Director •Signed: I AZ Admi ii rative 9 ppr al: City Manager Signed: City Council Approval: City Clerk Amount Debit Credit $29,000.00 $29,000.00 bate om/ �L Date Date FEB -15 -1996 12 15 FROM IN -FOUST TO 6443250 P.03 DRAFT, February 15, 1996 • CM OF NEWPORT BFACII GENERAL PLAN CIRCUTA11ON ANALYSIS The following outlines a scope of services to carry out a traffic analysis for the City of Newport Beach Circulation System. The purpose will be to provide suitable technical documentation to support a General Plan Amendment (GPA) for the Circulation Element. The scope of work outlined here involves traffic model preparation and circulation system analyses to support a General Plan Amendment for the City of Newport Beach Circulation Element. One of the primary objectives is to evaluate the circulation system needs over a five year, ten year and long -range time frame so that short-range and long -range improvements can be identified in relation to projected land use development. The intersection level of analysis will first involve examining long -range needs hazed on build- • out of the General Plan land uses, using an updated version of the Newport Beads Traffic Analysis Model QWAM)_ F-roe and ten year versions of the traffic model will also be prepared, using land use developed by the City that is based on foreseeable absorption trends. The analysis will indicate potential locations that may be deficient in the future and/or deficient in the intermediate tithe periods. As such, these locations could be candidates for short-term or long -tern level of service exemptions. Additional information to be utilized in this part of the analysis will be to the degree to which non - Newport Beach traffic contributes to the need for future capacity and potential deficiencies The overall product will be a list of all foreseeable circulation system improvements at an intersection level, and the time periods when such improvements are anticipated to be needed. It will essentially comprise a master list of anticipated improvements to build out the CSty's Circulation Element. In additiun to the basic analysis supporting the oPA, some special issues will be addressed which are of concern to the Ws circulation system. These will include the Santa Ana River • Propaad to City of t evppn Beach 1 AuSbA -Foort Ana dvtM Inc Geaaal Phe r ftldit ion Ameaammt'RaMe Sn* Febrne[y 15. 19% FEB -15 -1996 12:16 FROM �STIN —FOUST TO • 6443250 P.04 • crossin� which have been the subject of recent studies, the � 5 ramp construction for Jamboree to the�tifh SR -73, and a potential for updating the current level of service standards to be used for evaluating intersection and link volumes in the city. WORK TASKS The following lists the work tasks proposed to carry out this traffic analysis: 1. Ddsting Model Validation - The current work to update the traffic model to provide a 1995 version will be completed. Fidsting traffic count data will be assembled and refinements to the traffic model such as trip generation rate changes will be made. The model will Then be validated against ground counts and an updated model description and validation report prepared 2. Future Year Model Preparation - Three future year versions of the model will be prepared: Year 2000, 2005 and long- range. The long -range version will be based on 2020 data for Orange County and the region, but will have buildout land uses in the City. Land use data for each year will . be prepared by City Staff for input to the model. Note that this data will also need to be supplied for portions of NBTAM that is within other jurisdictions (Irvine, Costa Mesa and Irvine Coast). • In each case, updated data from the regional model will be ertratxed to provide. the travel patterns for the windowed version of NBTAM. External cordons will be refined according to regional traffic data and the models prepared accordingly. The year 2005 will be a new model since previously NBTAM has been available in year 2000 and long -range versions. Regional data for this model will be extracted from the year MM version of the OCTAM recently prepared by Austin -Foust Associates. For each version of the model, ADT link volumes and peak hour intersection volumes will be prepared, reviewed and then refined as necessary to produce accceptable traffic volume data 3. TraMc Analysis - This task will involve evaluating the traffic forecast data for each of the three forecast years. Initially, the focus will be on the long -range volumes with verification being made as to the adequacy of the currently anticipated intersection improvements throughout the City. Where necessary, certain locations may be identified as candidates for level of service exemptions. Propwal to Qty of Newport Beacb 2 Audn -FoW AnoaatM ine General Pin Coodmion Am®daim Traffic Study February t5. 1996 FEB -15 -1996 12 =16 FROM 06TI14-FOUST TO • 6443250 P.05 An evaluation will then be made of the five and ten year needs, cr-"ning potential • improvements in relation to the land use increases in these time flames. The results will then be compiled into an overall transportation improvement summary. This will &how each roadway link and intersection improvement. and the anticipated time for implementing such improvements. It will essentially comprise a master list of roadway improvements throughout the city. 4. Level of Service Standards - An assessment will be made of the current level of service standards used as performance criteria by the City. Recommendations will then be made for potential changes Fsemples would be having a lower level of service in certain areas such as the airport office/commercial area The (Styr TPO will also be addressed in this evaluation, with potential changm being rawm mcudctl. L Special Issues - This task will involve addressing several special issues with respect to the City's circulation system. The purpose is largely to provide information on such issues and to note their relevancy to the findings of the circulation analysis. These issues are as follows: a. The Santa Ana Riser Crossing - Reference will be trade to the studies that bava been made of the Santa Ana Rives Crossma and the potential effect on the City's long -range circulation system. It is essentially a long-range issue since no new crossings will be amynwA in the ypnr 21x111 and 9MS oaffir models. l b. 91 -5 Ramp Dcfa scat - C:onstrvaioa of this direct ramp between northbound Jamboree and westbound SR -73 is currently being indefinitely deferred by the Transportation Corridor idor Agencies in their initial construction of the San Joaquin Hills Transportation Corridor. While not assumed in the 2000 and 2005 versions of the model, a special run will be made for the long -range analysis to assess the potential effects of that deferment. a Unlversity Drive North - Reference will be made to the UCI I ADP Amendment which welts to delete University Drive North and the related California Drive extension. d. Non - Newport Beath Traffic - A special run of the traffic model will be made to identify those trips on the circulation system that have neither origin nor destination within the (Sty- • Pi qMd to CjW of Newport Heaeb 3 AU8eM Feuer Amoosie+, lee, General Plan CBmhtion A ltaM SwAy Februny IS. 1996 • • • FEB -15 -1996 12 17 FROM WTIN —FUUST TO 0 6443250 P.06 6. IWTic Report - This task will involve compiling the results of the analysis into a comprehensive traffic report. It will describe the technical analysis and the General Plan Amendment findings. A special summary report will be prepared outlining the key conclusions and recommendations. 7. Meetings and Presentations - Work sessions will be held with City Staff throughout the work effort and up to four workshopslprecentaticmc will he held with Planning Commission and or City Council. COST ESTIMATE Table 1 summarizes the estimate cost for this work. It is proposed that work items 1 through 6 be carried out over a two month time period during March and April, with the final report completed by May 1, 1996. The attached time schedule shows how the individual tasks would fit into this time frame. Proposal to QW of Ncwpott Beach 4 o=cral Plan C rculadca Ammdmcat Traffic Study Austin -Font Ataoaates, laa t-.ebruary 15. 1996 FEB- 15 -19% 12:17 FROM WTIN —FOUST L C-M SCIMD= Clal�utioa Pdoclpd Tra mottatim P4onec Tr—V oftbd— Ana" TwilOimMictied Dtted Ckats TOTAL IL COST 13RE6MO M BY TASK TASK I. Deng Mood VaWatim TASK 2 Fotttte Year Model Prepu tion TASK3. TW&Anatyt9r TASK 4. Lace of Scryke Stmdaada TASK S. Spinal heats TASK 6. TnMe Report TASK 7. MwtkgtttadPrtscoadoo TOTAL Took 1 COST ESTOdATE TO 0 6443250 P.07 Rate Haan Cat S12S 80 510,000 $70 200 14AM Yh 140 100100 $45 200 9,000 $4000 15,000 8.000 2.06 4,000 7,000 UM MW Propose to City of Newport Beata 5 Amtlo -Faro Asocwta, 1x Genial Plan Mcobtion Ameadmeat Ttaf& Stody Fearomy 15, 19% • `J • • • • FEB -15 -1996 12:17 FROM &STiN -FOUST TO 0 6443250 P.08 r--� W W a A W x U C!1 W E-+ v d d 4 U 0 0. d a � a F i ca H 0 w m x m c� c 0 G � R ro m � � W m � _ o W� m _ G 00. F 14 N CJ d' �O m TO 0 6443250 P.08 r--� W W a A W x U C!1 W E-+ v d d 4 U 0 0. d a � a F i ca H 0 w m x m c� c 0 G � R ro m � � W m � _ o W� m _ G 00. F 14 CONSULTANT AGREEMENT TRANSPORTATION MODELING THIS AGREEMENT, entered into this ia�-day of ':VJn�p_ , 1996, by and between CITY OF NEWPORT BEACH , a Municipal Corporation (hereinafter referred to as "City"), and Austin -Foust Associates, Inc. whose address is 2020 North Tustin Avenue, Santa Ana, CA 92705 (hereinafter referred to as "Consultant"), is made with reference to the following: l� � 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. E. Foust. B. The principal members of Consultant are Terence W. Austin and Joe C. City desires to engage Consultant to perform transportation modeling in conjunction with an amendment to the Circulation Element of the General Plan upon the terms and conditions contained in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 0 1. TERM 0 The Term of this Agreement shall commence on the 6th day of May, 1996, and shall terminate on the 31st day of December, 1996, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall perform the tasks set forth in Exhibit "A ", attached hereto and incorporated herein by this reference. 3. COMPENSATION TO CONSULTANT Consultant shall be compensated for services performed pursuant to this Agreement in the amount and manner set forth in Exhibit "A ", attached hereto and incorporated herein by this reference. The maximum fee shall not exceed $45,000.00. 4. STANDARD OF CARE All of the work 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 the 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. The Consultant shall be responsible to City for any errors or omissions in the execution of this Agreement. Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. Consultant further represents and 2 3196 E E warrants that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an employee of the 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 express terms of this Agreement. No civil service status or other right of employment with City 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, worker's compensation plans, vacation and sick leave, are available from City to Consultant, its employees or agent. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments or other purposes normally associated with an employer - employee relationship from any fees due Consultant. Payments of the above items, if required, are the responsibility of Consultant. 6. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator, and any other agencies which may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the project. 7. PROJECT MANAGER 3 3/96 0 0 The Consultant shall assign the project to a Project Manager, who shall coordinate all phases of the project. This Project Manager shall be available to the City at all times. The Consultant has designated Terence Austin to be its Project Manager. 8. TIME OF PERFORMANCE Consultant shall receive no additional compensation if completion of its obligation under this Agreement requires a time greater than as set forth herein, unless such extension is caused solely by the conduct of the City. Each party hereby agrees to provide timely notice to the other of any violation occurring under this Section and the cause thereof. 9. CITY POLICY Consultant will discuss and review all matters relating to policy and project direction with the Project Administrator in advance of all critical decision points in order to ensure that the project proceeds in a manner consistent with City goals and policies. 10. CONFORMANCE TO APPLICABLE REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal requirements and be subject to approval of the Project Administrator and City Council. 11. PROGRESS Consultant is responsible to keep the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the 4 3/96 0 0 work, activities performed and planned, and any meetings that have been scheduled or are desired. 12. HOLD HARMLESS Consultant agrees to indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, suites, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, attorneys fees and court costs arising from any and all negligent actions of Consultant, its employees, agents or subcontracts in the 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. 13. INSURANCE Without limiting consultant's indemnification of City, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to s 3/96 U 0 the City. Such policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with the City prior to exercising any right or performing any work pursuant to this Agreement. All insurance policies shall add as insured the City, its elected officials, officers and employees for all liability arising from Consultant's services as described herein. Prior to the commencement of any services hereunder, Consultant shall provide to city certificates of insurance from an insurance company certified to do business in the State of California, with original endorsements, and copies of policies, if requested by City, of the following insurance, with Best's Class A7 or better carriers; unless otherwise approved by the City Risk Manager: A. Worker's compensation insurance covering all employees and principals of the Consultant, per the laws of the State of California; B. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this project, or the general aggregate limit shall be twice the occurrence limit; C. Commercial auto liability and property insurance covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. 6 3/96 0 • D. 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 ($1,000,000.00). Said policy or policies shall be endorsed to state that coverage shall not be suspended, voided nor canceled by either party, or reduced in coverage or in limits except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give to City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. 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. Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive 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 automotive 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. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any interest in this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be 3196 0 0 null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of an 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, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint venture. 15. REPORTS Each and every report, draft, work product, map, record and other document reproduces, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. 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 forms as City may require, furnish reports concerning the status of services required under this Agreement. 16. CONFIDENTIALITY The information which results from the services in this Agreement is to be kept confidential unless the release of information is authorized by the City. s 3196 0 0 17. CITY'S RESPONSIBILITIES City shall furnish to Consultant base, maps, existing studies, ordinances, data and other existing information as shall be requested by Consultant and materials in City's possession necessary for Consultant to complete the work contemplated by this Agreement. City further agrees to provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. is �u •► This Agreement will be administered by the Public Works Department. The Transportation and Development Services Manager or his /her designees shall be considered the Project Administrator and shall have the authority act for the City under this Agreement. The Project Administrator or his /her authorized representative shall represent the City in all matters pertaining to the services to be rendered pursuant to this Agreement. 19. EXTRA WORK Consultant shall receive compensation for extra work authorized by City in accordance with the schedule of billing rates set forth in Exhibit "A." All extra work must be authorized in writing by the Project Administrator and Consultant shall not be entitled to extra compensation without authorization. 20. RECORDS Consultant shall keep records and invoices in connection with its work to be performed under this Agreement. Consultant shall maintain complete and accurate 9 3/86 0 0 records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit and make transcripts or copies of such records. 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 under this Agreement. 21. REIMBURSEMENT FOR EXPENSES Consultant shall not be reimbursed for any expenses unless authorized in writing by City. 22. MONTHLY INVOICES Consultant shall submit invoices to the City on a monthly basis in accordance with Consultant's schedule of fees contained in Exhibit "A" hereof. Each invoice will be itemized. Each invoice shall show the number of hours worked per person /consultant and the nature of the work performed. 23. PAYMENT OF COMPENSATION City shall make payments to Consultant within thirty (30) days of receiving a monthly invoice unless City disputes the amount Consultant claims is owned under this Agreement. 24. WITHHOLDINGS City may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a io 3196 0 0 failure to pay according to the terms of this Agreement. Consultant shall not discontinue its work for a period of thirty (30) days from the date of withholding as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. The determination of the City Manager with respect to such matter shall be final. Consultant shall be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. 25. ERRORS AND OMISSIONS In the event that the Project Administrator determines that the Consultant's negligence, errors or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors or omissions in the plans or contract specifications, Consultant shall reimburse City for the additional expenses incurred by the City including engineering, construction and /or restoration expense. Nothing herein is intended to limit City's rights under Sections of this Agreement. 26. TEN PERCENT (10 %) WITHHOLDING City may withhold an amount equivalent to ten percent (10 %) of the total compensation provided herein, to be released to Consultant upon final adoption of the study by the Mayor and City Council. The City reserves the right to refuse to pay all billings requesting amounts in excess of ninety percent (90 %) of the total compensation provided herein until the project is completed and adopted as specified above. 11 3196 0 0 27. NONDISCRIMINATION BY CONSULTANT Consultant represents and agrees that Consultant, its affiliates, subsidiaries or holding companies do not and will not discriminate against any subcontractor, consultant, employee or applicable for employment because of race, religion, color, sex, handicap or national origin. Such nondiscrimination shall include, but not be limited to, the following: employment, upgrading, demotion, transfers, recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. 28. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with this project. 29. CONFLICTS OF INTEREST A. 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 financial interest that may foreseeable be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeable financially affect such interest. B. 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 termination of this Agreement by the City. The Consultant shall indemnify and hold 12 3/96 0 0 harmless the City for any claims for damages resulting from the Consultant's violation of this Section. 30. SUBCONTRACTING A. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior approval of City. B. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 31. 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: Richard Edmonston All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Austin -Foust Associates, Inc. 3300 North Tustin Avenue Santa Ana, CA 92705 -7827 Attention: Terence W. Austin 13 3/96 32. 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, or if more than two (2) days are reasonably required to cure the default and Consultant fails to give adequate assurance of due performance within 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 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 without cause 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. 33. 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. 14 3/96 34. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 35. 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 condition contained herein whether of the same or a different character. 36. 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 hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 15 3/96 0 0 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. ATTEST: TY C R APP R VE S TO FORM: Cl ATTORNEY CITY OF NEWPORT BEACH A Municipal Corporation By:_�L 2 CONSULTANT By: 16 3/96 0 0 February 15, 1996 CITY OF NEWPORT BEACH GENERAL PLAN CIRCULATION AMENDMENT TRAFFIC ANALYSIS The following outlines a scope of services to carry out a traffic analysis for the City of Newport Beach Circulation System. The purpose will be to provide suitable technical documentation to support a General Plan Amendment (GPA) for the Circulation Element. OVERVIEW The scope of work outlined here involves traffic model preparation and circulation system analyses to support a General Plan Amendment for the City of Newport Beach Circulation Element. One of the primary objectives is to evaluate the circulation system needs over a five year, ten year and long -range time frame so that short -range and long -range improvements can be identified in relation to projected land use development. The intersection level of analysis will first involve examining long -range needs based on build- out of the General Plan land uses, using an updated version of the Newport Beach Traffic Analysis Model (NBTAM). Five and ten year versions of the traffic model will also be prepared, using land use developed by the City that is based on foreseeable absorption trends. The analysis will indicate potential locations that may be deficient in the future and /or deficient in the intermediate time periods. As such, these locations could be candidates for short -term or long -term level of service exemptions. Additional information to be utilized in this part of the analysis will be to the degree to which non - Newport Beach traffic contributes to the need for future capacity and potential deficiencies. The overall product will be a list of all foreseeable circulation system improvements at an intersection level, and the time periods when such improvements are anticipated to be needed. It will essentially comprise a master list of anticipated improvements to build out the City's Circulation Element. In addition to the basic analysis supporting the GPA, some special issues will be addressed which are of concern to the City's circulation system. These will include the Santa Ana River Proposal to City of Newport Beach I Austin -Foust Associates, Inc. General Plan Circulation Amendment Traffic Study February 15, 1996 0 0 crossings which have been the subject of recent studies, the GI -5 ramp construction for Jamboree to the south SR -73, and a potential for updating the current level of service standards to be used for evaluating intersection and link volumes in the city. WORK TASKS The following lists the work tasks proposed to carry out this traffic analysis: 1. Existing Model Validation - The current work to update the traffic model to provide a 1995 version will be completed. Existing traffic count data will be assembled and refinements to the traffic model such as trip generation rate changes will be made. The model will then be validated against ground counts and an updated model description and validation report prepared. 2. Future Year Model Preparation - Three future year versions of the model will be prepared: Year 2000, 2005 and long - range. The long -range version will be based on 2020 data for Orange County and the region, but will have buildout land uses in the City. Land use data for each year will be prepared by City Staff for input to the model. Note that this data will also need to be supplied for portions of NBTAM that is within other jurisdictions (Irvine, Costa Mesa and Irvine Coast). In each case, updated data from the regional model will be extracted to provide the travel patterns for the windowed version of NBTAM. External cordons will be refined according to regional traffic data and the models prepared accordingly. The year 2005 will be a new model since previously NBTAM has been available in year 2000 and long -range versions. Regional data for this model will be extracted from the year 2005 version of the OCTAM recently prepared by Austin -Foust Associates. For each version of the model, ADT link volumes and peak hour intersection volumes will be prepared, reviewed and then refined as necessary to produce accceptable traffic volume data. 3. Traffic Analysis - This task will involve evaluating the traffic forecast data for each of the three forecast years. Initially, the focus will be on the long -range volumes with verification being made as to the adequacy of the currently anticipated intersection improvements throughout the City. Where necessary, certain locations may be identified as candidates for level of service exemptions. Proposal to City of Newport Beach 2 Austin -Foust Associates. Inc. General Plan Circulation Amendment Traffic Study February 15, 1996 0 0 An evaluation will then be made of the five and ten year needs, examining potential improvements in relation to the land use increases in these time frames. The results will then be compiled into an overall transportation improvement summary. This will show each roadway link and intersection improvement, and the anticipated time for implementing such improvements. It will essentially comprise a master list of roadway improvements throughout the city. 4. Level of Service Standards - An assessment will be made of the current level of service standards used as performance criteria by the City. Recommendations will then be made for potential changes. Examples would be having a lower level of service in certain areas such as the airport office /commercial area. The City's TPO will also be addressed in this evaluation, with potential changes being recommended. 5. Special Issues - This task will involve addressing several special issues with respect to the City's circulation system. The purpose is largely to provide information on such issues and to note their relevancy to the findings of the circulation analysis. These issues are as follows: a. The Santa Ana River Crossing - Reference will be made to the studies that have been made of the Santa Ana River Crossing and the potential effect on the City's long -range circulation system. It is essentially a long -range issue since no new crossings will be assumed in the year 2000 and 2005 traffic models. b. GI -5 Ramp Deferment - Construction of this direct ramp between northbound Jamboree and westbound SR -73 is currently being indefinitely deferred by the Transportation Corridor Agencies in their initial construction of the San Joaquin Hills Transportation Corridor. While not assumed in the 2000 and 2005 versions of the model, a special run will be made for the long -range analysis to assess the potential effects of that deferment. c. University Drive North - Reference will be made to the UCI LRDP Amendment which seeks to delete University Drive North and the related California Drive extension. d. Non - Newport Beach Traffic - A special run of the traffic model will be made to identify those trips on the circulation system that have neither origin nor destination within the City. Proposal to City of Newport Beach 3 Austin -Foust Associates, Inc. General Plan Circulation Amendment Traffic Study February 15, 1996 0 6. Traffic Report - This task will involve compiling the results of the analysis into a comprehensive traffic report. It will describe the technical analysis and the General Plan Amendment findings. A special summary report will be prepared outlining the key conclusions and recommendations. 7. Meetings and Presentations - Work sessions will be held with City Staff throughout the work effort and up to four workshops /presentations will be held with Planning Commission and or City Council. COST ESTIMATE Table 1 summarizes the estimate cost for this work. It is proposed that work items 1 through 6 be carried out over a two month time period during March and April, with the final report completed by May 1, 1996. The attached time schedule shows how the individual tasks would fit into this time frame. Proposal to City of Newport Beach S Austin -Foust Associates. Inc. General Plan Circulation Amendment Traffic Study February 15. 1996 Proposal to City of Newport Beach 5 Austin -Foust Associates. Inc. General Plan Circulation Amendment Traffic Study February 15, 1996 Table 1 COST ESTIMATE 1. COSTSCHEDULE Classification Rate Hours Cost Principal $125 80 $10,000 Transportation Planner $70 200 14,000 Transportation Analyst $72 140 10,800 Technical/Clerical $45 200 9,000 Direct Costs y TOTAL $4 II. COST BREAKDOWN BY TASK TASK 1. Existing Model Validation $6,000 TASK 2. Future Year Model Preparation 15,000 TASK 3. Traffic Analysis 8,000 TASK 4. Level of Service Standards 2,000 TASK 5. Special Issues 4.000 TASK 6. Traffic Report 7,000 TASK 7. Meetings and Presentations 3,000 TOTAL $4 60 0 Proposal to City of Newport Beach 5 Austin -Foust Associates. Inc. General Plan Circulation Amendment Traffic Study February 15, 1996 0 Valencia Company 23823 Valencia Boulevard, Valencia, Callomia 91355-2194 • (805) 255-4000 vw RSDIRCC w NUMBER (805) 255 -4014 June 3, 1996 Gentlemen: 0 Enclosed are two (2) copies of the your Purchase Order Contract. Please have an officer or principal of your Company sign both the white and blue copies and return to the above address, to my attention, within one (1) week of receipt for processing. As soon as I receive this Purchase Order Contract with your signature, I will return the BLUE copy to you for your records. The signed white and blue copies must be returned to our office for my signature before any payments can be made. If you have any questions please call me at (805) 255 -4014. Debbie Hansen Planning Secretary Enclosures A avisw oP ENEWTW.Lu Do DP 1w woman (A awr NU unineo Pnm Ee HIM THE NEWHALL LAND & FARVG COMPANY PtAILCHASE ORDER '2-M3 VALENCIA BLVD. VALENCIA, CA. 91355 NO" 581621 DATE: May 30, 1996 ADVANCE PLANNING (805) 255 -4014 TO: SH I P TO: Austin Foust Associates, Inc. 2020 North Tustin Avenue Santa Ana, CA 92705 Valencia Area Town Center ; ATTN: TEL: DEL'Y. REQUIRED: SHIPMENT PROMISED: SHIPVIA: F.O.B.: TERMS: REO'N NO.: VENDOR NO.: DIVISION: OPERATION: COST CENTER: ACCOUNT: 58 99 ITEM NO. QTY. UNITOF MEAS. DESCRIPTION OR SPECIFICATIONS UNIT PRICE TOTAL PRICE Work to be completed per the attached Exhibit "A" $10,000.00 58 99 2000 8601 0799 2000 0109 $10,000.00 This Purchase Order Contract is subject to all terns and conditions as specified in open Contract #__9MZQand ail sub equent. ch nge orders. The Company shall make payments of the Pu chase Order Contract price to the Subcontractor Within 45 days after receil t of omple a invoice, all required lien releases and 100% completio and a cepta ce of work by Valencia company and /or any nece nary gove nmen- al ag ncies f Work. No retention to be Withheld unless noted ther- c Order contract. Seller has read and fully understands each and all of the terms and le conditions set forth above and on the back of thistorm which terms and \a ?\ l Conditions are incorporated herein as a material part of this agreement '� and agrees to be bound thereby. � Ao `� o BY: BY: Rich Knowland, Project Manager P"" i4 "'7 f TITLE: TITLE: (BUYER) (SELLER) i VENDOR