HomeMy WebLinkAboutC-3061 - Transportation Modeling Work in Conjunction with an Update to the Circulation Element of the General Plan•
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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 ".
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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
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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%
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FEB -15 -1996 12:17
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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:
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1. TERM
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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
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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
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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
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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
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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.
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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
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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.
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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
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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
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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.
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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
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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
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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.
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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.
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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:
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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