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HomeMy WebLinkAboutC-3214 - Balboa Boulevard/Newport Boulevard Merger StudyPROFESSIONAL SERVICES AGREEMENT FOR BALBOA BOULEVARD /NEWPORT BOULEVARD MERGER STUDY This Agreement, entered into this 8`" day of June, 1998, by and between CITY OF NEWPORT BEACH, a Municipal Corporation (hereinafter referred to as "City "), and De Leuw, Cather and Company doing business as Parsons Transportation Group, Inc., whose address is 2 Venture, Suite 250, Irvine, California, 92618, (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 is planning to complete a Circulation Study of the merge of Balboa Boulevard and Newport Boulevard ( "Project'). C. City desires to engage Consultant to complete the 'Project' including: traffic count collection, public outreach program, preliminary plan preparation, traffic analysis, and preparation of a final report, upon the terms and conditions contained in this Agreement. D. The principal members of Consultant for purpose of this Project are Jim Otterson, P.E., and Kevin Haboian, P.E. -1- E. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant and desires to contract with Consultant under the terms of conditions provided in this Agreement. 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 8'" day of June, 1998, and shall terminate on the 15' day of March, 1999, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the duties set forth in the scope of services, attached hereto as Exhibit "A" attached hereto and incorporated herein by reference. 3. COMPENSATION TO CONSULTANT City shall pay Consultant for the services in accordance with the provisions of this Section, and the scheduled billing rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. No rate changes shall be made during the term of this Agreement without prior written approval of the Transportation and Development Services Manager. Consultant's compensation for all work performed in accordance with this Agreement shall not exceed the lump sum total contract price of $ 117,060. 3.1 Consultant shall maintain accounting records of its billings which includes the tasks performed, billed on a percent completed basis, and all approved incidental -2- • • 0 0 expenses including reproductions, computer printing, postage and mileage. 3.2 Consultant shall submit monthly invoices to City payable by City within thirty (30) days of receipt of invoice subject to the approval of the Transportation and Development Services Manager and based upon the monthly invoices. 3.3 Consultant shall not receive any compensation for extra work without prior written authorization of the Transportation and Development Services Manager. Any authorized compensation shall be paid in accordance with the schedule of the billing rates as set forth in Exhibit "B ". 3.4 City shall reimburse Consultant only for those costs or expenses which have been specifically approved in this Agreement. 3.5 Notwithstanding any other paragraph or provision of this Agreement, beginning on the effective date of this Agreement, City may withhold payment of ten percent (10 %) of each approved payment as approved retention until all services under this Agreement have been substantially completed. 4. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement and that it will perform all services in a manner commensurate with 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. Consultant -3- 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 warrants that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. 4.2 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control or without Consultant's fault. 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the details and means of performing the work provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to CE 0 • exercise a measure of control over Consultant shall mean that Consultant shall follow the desires of City only in the results of the services. 6. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator, and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 7. PROJECT MANAGER Consultant shall assign the Project to a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Project term. Consultant has designated Jim Otterson, P.E. to be its Project Manager. Consultant shall not bill any personnel to the Project other than those personnel identified in Exhibit "B ", whether or not considered to be key personnel, without City's prior written approval by position and specific hourly billing rate. Consultant shall not remove or reassign any personnel designated in this Section or assign any new or replacement person to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of the City Engineer. Consultant warrants it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. Bel • • • B. TIME OF PERFORMANCE Time is of the essence in the performance of the services under this Agreement and the services shall be performed by Consultant in accordance with the schedule included as a part of the Consultant's proposal. The failure by Consultant to strictly adhere to the schedule, may result in termination of this Agreement by City, and the assessment of damages against Consultant for delay. Notwithstanding the foregoing, Consultant shall not be responsible for delays that are due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other parry so that all delays can be addressed. 8.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition, which purportedly causes a delay, and not later than the date upon which performance is due. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays, which are beyond Consultant's control. 8.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand delivery or mail. 9. CITY POLICY Consultant will discuss and review all matters relating to policy and project 9.1 • • 0 • 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 law, regulations and permit 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 work, activities performed and planned, and any meetings that have been scheduled or are desired. 12. HOLD HARMLESS Consultant shall 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, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all negligent acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement. This indemnity shall apply even in the event of negligence (active or passive) of City, or its employees, or other contractors, excepting only the active negligence or willful misconduct of City, its -7- 0 • • • officers or employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. Nothing in this indemnity shall be construed as authorizing, any award of attorneys' fees in any action on or to enforce the terms of this Agreement. 13. INSURANCE Without limiting consultant's indemnification of City, and prior to commencement of work, 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 City. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with City prior to exercising any right or performing any work pursuant to this Agreement. Except workers compensation and errors and omissions, all insurance policies shall add City, its elected officials, officers, agents, representatives and employees as additional insured for all liability arising from Consultant's services as described herein. All insurance policies shall be issued by an insurance company certified to do business in the State of California, with original endorsements, with Best's A VII or better carriers, unless otherwise approved by the City Risk Manager. A. Worker's compensation insurance covering all employees and principals of 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. 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). Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, 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 M • • 0 • 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 of the services to be performed under 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 null and void. 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 co- tenant 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. OWNERSHIP OF DOCUMENTS 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. Documents, including drawings and specifications, prepared by Consultant -10- 0 0 • pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived as against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 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 City. 17. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide the following: A. City will provide access to and upon request of Consultant, provide one copy of all existing record information on file at City. Consultant shall be entitled to rely upon the accuracy of data information provided by City or others without independent review or evaluation. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work -11- . 0 • 00 schedule. B. City will provide, as available, existing mapping and /or plan information sufficient to prepare base mapping. 18. ADMINISTRATION This Agreement will be administered by the Public Works Department. Antony Brine, P.E., shall be considered the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 19. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. 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. 20. 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 -12- 0 0 00 failure to pay according to the terms of this Agreement. Consultant shall not discontinue 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. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. 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. 21. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or a restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with the Project. 23. 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 foreseeably be materially -13- • 0 • affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 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 City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 24. SUBCONSULTANT AND ASSIGNMENT A. Except as specifically authorized under this Agreement, the services included in this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. 25. 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 third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided. Antony Brine, RE City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92658 -8915 (714) 644 -3311 Fax (714) 644 -3318 All notices, demands, requests or approvals from City to Consultant shall be MEN 0 0 • addressed to Consultant at: Attention: Jim Otterson, P.E. Parsons Transportation Group, Inc. 2 Venture Suite 250 Irvine, CA 92618 (714) 453 -1619 Fax: (714) 453 -0321 26. TERMINATION In the event either party hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of seven (7) days, or if more than seven (7) days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within seven (7) days after receipt by defaulting party from the other party of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 26.1 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, City shall pay to the Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. -15- 0 0 *0 27. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 28. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein whether of the same or a different character. 29. 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. 30. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. -16- • a •• 31. CADD DELIVERABLES CADD data delivered to City shall not include the professional stamp or signature of an engineer or architect. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other Project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. 32. PATENT INDEMNITY The Consultant shall indemnify City, its agents, officers, representatives and employees against liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. -17- 0 0 00 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: By: Robin Clawson Assistant City Attorney City of Newport Beach ATTEST: City Clerk CITY OF NEWPORT BEACH A Municipal Corporation o By: Mayor For: Thomas Edwards, Mayor City of Newport Beach CONSULTANT DeLeuw, Cather & Company d.b.a. Parsons Transportation Group By: Thomas E. Barron, Senior Vice President • • Exhibit A • • Scope of Work The proposed scope of work is based on information in the May 13, 1998, Request for Proposal, conversations with City staff, review of the Project 2000 Study and the Balboa Peninsula Planning Study, as well as Parsons Transportation Group experience on similar projects. The purpose, methodology and products of each task are discussed below. PTG refers to De Leuw, Cather & Company d.b.a. Parsons Transportation Group and MIG refers to Moore, lacofano, and Goltsman, Inc. Task 1: PROJECT MANAGEMENT/ COORDINATION /ADMINISTRATION Purpose: Provide overall project and financial management of the project, including client coordination, tracking progress of the work to be performed, and attending meetings. Methodology: Jim Otterson, PTG's project manager, will provide project management, coordination, and supervision of project staff to facilitate the performance of the work in accordance with the scope and requirements of the city. A project kick -off meeting will be held to review project objectives, receive initial information from City staff, establish communication protocols, confirm the project schedule and address other issues as necessary to ensure a successful project initiation. Thereafter, monthly meetings with the City will be conducted as necessary (up to a maximum of seven meetings) to discuss progress, general project issues, obtain direction and to exchange information. Internal design team meetings shall be held as necessary to coordinate design activities, review task assignments and progress and identify issues to be resolved. Products: • Project Team Meetings • Project Schedule • Progress Reports • Meeting Minutes TASK 2: TRAFFIC AND ENGINEERING EVALUATION The primary objectives of this task are to collect pertinent traffic data, prepare preliminary design drawings for the proposed alternatives, and evaluate the alternatives with respect to traffic operations, right -of -way impacts, accessibility for residents and businesses, parking availability, pedestrian and bicycle circulation and other issues as determined by the project team. Subtask 2.1 - Data Collection Purpose: To assemble existing and previously documented information provided by city staff for all features of the proposed project. Methodology: This subtask involves the assembly of available existing information in the vicinity of the project site from the City. This information will include as- builts, accident data, available traffic projections, previous studies, street improvement plans, utility maps, right -of- Page 1 • • Exhibit A • • Scope Of Work way information, aerial maps and appropriate design criteria. PTG will coordinate closely with City staff to insure effective utilization of available data. Product: Listing of relevant reports and documentation to be utilized. Subtask 2.2 -Traffic Counts Purpose: To collect existing traffic counts at key locations throughout the project area. Methodology: To obtain a clear understanding of the circulation patterns and operational issues in the vicinity of the Balboa Boulevard /Newport Boulevard merge area, existing traffic counts will be collected on summer and winter weekends. The traffic counts will be collected on both typical and holiday weekends in the summer season and during a typical winter weekend. Holiday weekends in summer will include Independence Day (July 4, 1998) and Labor Day (September 7, 1998) weekends. The winter weekend for traffic count data collection will be determined with City staff at the project kick -off meeting. For estimation purposes it is assumed that the traffic counts will be collected on two typical summer weekends and two holiday summer weekends, while the winter traffic counts will be collected on one typical weekend. It is further assumed that the traffic counts will be performed for three days on holiday weekends and two days on typical weekends. Field observations will be performed for both the typical and holiday weekends. In addition to traffic count volumes and field observations on summer holiday weekends, video taping of traffic conditions and driver behavior will be recorded for a total of approximately eight (8) hours during the peak traffic periods. This video tape record will serve to document traffic behavior and queuing conditions during the highest peak traffic periods. The City will be responsible for obtaining a suitable elevated location for conducting the video taping of the traffic conditions. Products: • Typical and holiday weekend summer traffic counts • Typical weekend winter traffic counts • Field observations of traffic operations during the traffic counting program • Un- edited video tape(s) of selected periods of Independence Day and Labor Day weekend traffic conditions, up to 8 hours of total recording time Subtask 2.3 - Public Opinion Survey Purpose: To conduct a public opinion survey to determine public opinion on the problems that drivers experience (both inbound and outbound) through the project area. Methodology: A draft survey instrument will be prepared by MIG for review and approval by City staff. The survey will include questions pertaining to seasonal impacts, and will differentiate residents' responses from those of beach and business visitors. Methods of distributing the survey instrument will also be reviewed with City staff. The final survey form will Page 2 • • Exhibit A • • Scope of Work be distributed and collected by City staff. Results of the survey will be coded, analyzed and summarized by MIG in a technical memorandum. Product: • Public Opinion Survey Memorandum Subtask 2.4 - Public Outreach Program Purpose: To facilitate and obtain community, business and property owner input regarding the proposed project. Methodology: The following public outreach efforts will be accomplished by MIG in this subtask as summarized below. Community Open House/Workshop - The workshop will be designed to meet identified goals, with activities including, but not limited to: informational presentations, group discussions and individual feedback exercises. • Pre - Meeting Preparation: PTG /MIG will work with City staff to identify and focus workshop objectives and design workshop processes accordingly. PTG /MIG will prepare an agenda and comment sheet to be copied by City staff for distribution at the workshop. Facilitation and Graphic Recording: MIG will facilitate the workshop using a technique called "facilitation graphics," which combines leadership skills with graphic note taking. Particularly effective in group settings, this technique encourages free thinking and the rapid generation of ideas. Participant comments and questions will be recorded on large wall graphics to help establish the groups' memory of both the flow and content of discussions. In our experience, this method of facilitation evokes enthusiasm, encourages interaction and cooperative participation, and leads to group consensus. Using facilitation graphics participants are able to visualize their ideas and build upon each other's comments. These wall graphics will be photo reduced and summarized. Workshop Summary: -MIG will prepare a written summary of the workshop, highlighting key comments, issues, areas of agreement, next steps, etc., including photo reductions of wall graphics produced during the workshop. Target Group Workshops - MIG will facilitate and graphically record two workshops with target groups. The first workshop will be conducted with business interests, focused on the businesses located on Newport and Balboa Boulevards in the project area, along with the McFadden and Newport Beach Pier area businesses. The second workshop will be conducted with residential area leaders from Central Balboa, West Newport and Peninsula Point. This will involve the following activities: Pre - Workshop Preparation: MIG will work with City staff to identify and focus workshop objectives and design workshop processes accordingly. Facilitation and Graphic Recording: MIG will facilitate and graphically record the workshops. Page 3 • • Exhibit A • • Scope of Work • Workshop Debriefings and Summaries: MIG will provide written summaries of both target group workshops. Property Owner Meetings - MIG will conduct two meetings with property owners who might be impacted by the proposed improvements. This will involve the following activities: • Pre- Meeting Preparation: MIG will work with City staff to identify and focus meeting objectives and design the meetings accordingly. • Facilitation and Graphic Recording: MIG will facilitate and graphically record the meetings. • Meeting Summary: MIG will provide a written summary of both meetings. Community Forum - MIG will conduct a Community Forum to present the results of the draft study and the recommendations. This will involve the following activities: • Pre- Workshop Preparation: MIG will work with City staff to identify and focus workshop objectives and design workshop processes accordingly. MIG will prepare an agenda and comment sheet to be copied by City staff for distribution at the workshop. • Facilitation and Graphic Recording: MIG will facilitate and graphically record the workshop. • Workshop Summary: MIG will prepare a written summary of the workshop. Products: • Public Outreach Meetings (6) • Written summaries of each meeting. Subtask 2.5 - Preliminary Plans Purpose: To develop preliminary design layout plans for up to four alternative improvement scenarios in addition to the No Project Alternative. Methodology: Geometric plans will be developed based on current City design standards. Existing and proposed right -of -way lines will be delineated. It is assumed that aerial mapping of the project area is available from the City and will be suitable for the preliminary design. Lane, median, sidewalk widths and driveway access locations will be labeled. Typical sections will be developed as necessary to illustrated the four build alternatives. A construction staging concept of the preferred alternative will be developed to verify constructability and feasibility of traffic handling. Products: • Layout Plans to be included in the Project Report • Typical Sections to be included in the Project Report • Construction Staging/Traffic Handling Discussion in the Project Report Subtask 2.6- Evaluate and Refine Alternatives Purpose: To evaluate and refine the No Project and four build alternatives based on traffic and design criteria established by the project team. Page 4 • • Exhibit A • • Scope of Work Methodology: Based on information in the Request for Proposal and our review of the project area, PTG has developed an initial list of criteria to be used in evaluating the proposed alternatives. The following criteria will be reviewed and refined during the project based on input from City staff and information obtained from the public opinion survey and public meetings. Traffic Circulation: Using the traffic count data obtained in Subtask 2.2 the effect each proposed alternative would have on relieving congestion, improving traffic circulation and facilitating transit operations will be qualitatively and quantitatively assessed. Level of service calculations will be performed for the signalized intersections in the project area and traffic flow diagrams will be prepared to assess traffic operations, intersection storage requirements and circulation impacts. • Accessibility: Ease of access for residents, businesses and visitors is a key issue affecting the viability of the proposed alternatives. The alternatives will be evaluated based on the accessibility to local residential streets, to local businesses (e.g. McFadden and Newport Pier area businesses) and to Central Balboa and Peninsula Point. • Parking: The effect each alternative has on the availability and supply of parking will be quantified and assessed. Maintaining sufficient parking for businesses, visitors and residents is essential. • Pedestrian & Bicycle Circulation: The combination of recreational, residential and business land uses in this area creates a significant amount of pedestrian and bicycle activity. Ensuring safe and efficient pedestrian /bicycle circulation, while facilitating overall traffic operations within the project area, will be a key issue in this study. • Right -of -Way Impacts: The existing right -of -way for Newport and Balboa Boulevards will be identified using aerial mapping and as -built information. The preliminary design plans will identify proposed right -of -way lines and their affect (if any) on existing properties and buildings. • Utilities: Using the utility maps obtained in the data collection task, each selected design modification will be analyzed for conflicts with surrounding utilities, including drainage facilities. • Constructability: The analysis will include an evaluation of maintaining traffic during construction and identifying traffic diversion and construction impacts. • Landscaping & Aesthetics: PTG will identify any new or replacement landscaping areas. • Cost Estimates: A probable construction cost estimate will be developed for each of the proposed alternatives. The estimate will provide order of magnitude costs for major items of work including roadwork, right -of -way, utilities, etc., to a preliminary engineering level of detail. Page 5 • • Exhibit A • • Scope of Work TASK 3: PROJECT REPORT Subtask 3.1 - Draft Project Report Purpose: To prepare a draft project report presenting the proposed alternatives and evaluation results. Methodology: This subtask involves preparing the draft project report summarizing the alternatives studied and the evaluation results of each alternative. The draft project report will include the preliminary design drawings, traffic count information, and other pertinent information documenting the methodology and results of the evaluation. PTG will meet with City staff to evaluate the results of the alternatives studied prior to the preparation of the report. Product: • Draft Project Report (five copies) Subtask 3.2 - City Review of Draft Project Report Purpose: To obtain City comments on the Draft Project Report. Methodology: Five copies of the draft report will be submitted and distributed to the City for their review and comment. One iteration of review comments is assumed. Product: • A consolidated copy of all the review comments from the City Subtask 3.3 - Final Project Report Purpose: To prepare the final project report incorporating City comments on the draft project report. Methodology: A meeting will be held with the City to discuss the comments and ensure the appropriate actions to be taken. This step reduces the opportunity for misunderstanding and provides a clear direction towards the development of the final report. Once concurrence has been reached on all outstanding issues, the final report will be prepared and submitted to the City. Product: • Final Report (ten copies) Page 6 m x S 6 ❑ 1 • • •• m N m v v T W m ,N,^ z Tc N D z v m m m c 3 X ♦TI ♦I C D 'Z VI C v Tm N m m O W r ❑ D W O C r m D v z v z m O W O C r m �D T Iml F I � 3 VI 9 A A i SI Oi ro: S_ �_ c O p O p" o T m m —_ p m. 3' y £ A Z 21 N m 9 ID�N G)i ➢ O T: 9 T' is ool2i a o o, m I y Person: " - Oderson " iHamilloa " i a - Haboian ID N F 5leattens 2 : y wl !Staff Engineer m _ m ai N " CADORecb y w -- wo m .C1GitallAtlmin ' m w :O 0 m m o w e1 m a � . a a I o wrs Subtotal H a ° ° m w °ww " Subtotal Costs ml= ig lal wl v°IN laeolano o: m O: m, a a o v " w H.A. m" a O a O o umi P- " - Project Assouale D� o • s m o: Pec actnssstant p; n a 0 . Subtotal HOUrs 0o m w Z Subtotal C.ahi ' n oo i _ of yi m y Z D re m D - - Transportation Studies, Inc - m T I c m _ a, Subtotal Crete N of in i oloio m 0 n' v m m N m v v T W m ,N,^ z Tc N D z v m m m c 3 X ♦TI ♦I C D 'Z VI C v Tm N m m O W r ❑ D W O C r m D v z v z m O W O C r m �D T aT o ozm zi 2- rt oa m WAOI. J 14 & o 5 14, 4 n r) ozm zi 2- rt oa m June 8, 1998 CITY COUNCIL AGENDA ITEM NO. S31 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT SUBJECT: BALBOA BOULEVARD /NEWPORT BOULEVARD MERGER —AWARD OF PROFESSIONAL SERVICES AGREEMENT RECOMMENDATION: Authorize Mayor and City Clerk to execute a Professional Services Agreement with Parsons Transportation Group Inc. for the preparation of a Circulation Study for the merge of Balboa Boulevard and Newport Boulevard. DISCUSSION: • Last spring, the City Council identified the highest priority projects for the Balboa Peninsula revitalization project. One of the highest priorities was the consideration of a realignment of the merger of Balboa Boulevard and Newport Boulevard. The existing merger, sometimes referred to as the "Mixmaster ", has been described as confusing, especially for first -time visitors to the Newport Pier area. The goals of realignment would be to improve traffic circulation, reduce driver confusion, increase pedestrian safety, improve access to businesses in the McFadden Square area, and improve the aesthetic appearance of the area, while maintaining smooth traffic flow to the peninsula. A comprehensive scope of work for the Circulation Study was developed by staff and is detailed in the Exhibit A of the Professional Services Agreement (attached). Previous studies will be reviewed including the Project 2000 Study. Summer and holiday traffic counts will be collected, and a postcard survey will be completed. The extensive public outreach program established during the BPPAC process will be continued. At least six (6) public meetings with area business owners and residents will be held. A detailed feasibility evaluation and preliminary design plans will be completed for four (4) roadway realignment alternatives including a modern roundabout, or traffic circle. Requests for Proposals (RFP) were sent to a total of ten (10) firms, and proposals were received from four (4) firms. The four (4) firms were interviewed by a Selection Committee comprised of Councilmember Debay and staff. Resident and business representatives also participated in the interview process. Based on a careful review of • the firms' qualifications, proposals, and the interviews, the Committee has identified the firm of Parsons Transportation Group, Inc. as the preferred firm. The key factors that SUBJECT: BALBOA BOULEVARD /NEWPORT BOULEVARD MERGER —AWARD OF PROFESSIONAL SERVICES AGREEMENT June 8, 1997 Page 2 distinguished Parsons Transportation Group, Inc. included their prior experience with similar projects, good understanding of the project goals, enthusiasm for project, and strong public participation skills. It is recommended that the Council authorize the execution of a Professional Services Agreement with Parsons Transportation Group, Inc. and direct commencement of work on the Circulation Study prior to the July 4`n weekend. The negotiated fee is $ 117,060, which would be drawn from the Balboa Peninsula Improvement Program Funds and is included in the FY 97 -98 approved budget. Respectfully submitted, (:L) PUBLIC WORKS DEPARTMENT Don Webb, Director Antony Brine Transportation Engineer Attachment: Professional Services Agreement 0 \\dp\sys \groups\p u bworks \council \98v une -B\ba Iboa.doc 0 0 0 PROFESSIONAL SERVICES AGREEMENT FOR BALBOA BOULEVARD /NEWPORT BOULEVARD MERGER STUDY This Agreement, entered into this 8" day of June, 1998, by and between CITY OF NEWPORT BEACH, a Municipal Corporation (hereinafter referred to as "City "), and De Leuw, Cather and Company doing business as Parsons Transportation Group, Inc., whose address is 2 Venture, Suite 250, Irvine, California, 92618, (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 is planning to complete a Circulation Study of the merge of Balboa Boulevard and Newport Boulevard ('Project'). C. City desires to engage Consultant to complete the 'Project' including: traffic count collection, public outreach program, preliminary plan preparation, traffic analysis, and preparation of a final report, upon the terms and conditions contained in this Agreement. D. The principal members of Consultant for purpose of this Project are Jim Otterson, P.E., and Kevin Haboian, P.E. I -1- E. City has solicited and received a proposal from Consultant, has reviewed • the previous experience and evaluated the expertise of Consultant and desires to contract with Consultant under the terms of conditions provided in this Agreement. 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 8' day of June, 1998, and shall terminate on the 15` day of March, 1999, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the duties set forth in the scope of services, attached hereto as Exhibit "A" attached hereto and incorporated herein by reference. • 3. COMPENSATION TO CONSULTANT City shall pay Consultant for the services in accordance with the provisions of this Section, and the scheduled billing rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. No rate changes shall be made during the term of this Agreement without prior written approval of the Transportation and Development Services Manager. Consultant's compensation for all work performed in accordance with this Agreement shall not exceed the lump sum total contract price of $ 117,060. 3.1 Consultant shall maintain accounting records of its billings which includes the tasks performed, billed on a percent completed basis, and all approved incidental �J -2- a • • expenses including reproductions, computer printing, postage and mileage. 3.2 Consultant shall submit monthly invoices to City payable by City within thirty (30) days of receipt of invoice subject to the approval of the Transportation and Development Services Manager and based upon the monthly invoices. 3.3 Consultant shall not receive any compensation for extra work without prior written authorization of the Transportation and Development Services Manager. Any authorized compensation shall be paid in accordance with the schedule of the billing rates as set forth in Exhibit "B ". 3.4 City shall reimburse Consultant only for those costs or expenses which have been specifically approved in this Agreement. 3.5 Notwithstanding any other paragraph or provision of this Agreement, • beginning on the effective date of this Agreement, City may withhold payment of • ten percent (10 %) of each approved payment as approved retention until all services under this Agreement have been substantially completed. 4. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement and that it will perform all services in a manner commensurate with 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. Consultant -3- � s 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 warrants that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. 4.2 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control or without Consultant's fault. S. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the details and means of performing the work provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to • ME 9 0 • exercise a measure of control over Consultant shall mean that Consultant shall follow the desires of City only in the results of the services. 6. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator, and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 7. PROJECT MANAGER Consultant shall assign the Project to a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Project term. Consultant has designated Jim Otterson, P.E. to be its Project Manager. Consultant shall not bill any personnel to the Project other than those ipersonnel identified in Exhibit "B ", whether or not considered to be key personnel, without • City's prior written approval by position and specific hourly billing rate. Consultant shall not remove or reassign any personnel designated in this Section or assign any new or replacement person to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of the City Engineer. Consultant warrants it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. -5- 0 0 8. TIME OF PERFORMANCE • Time is of the essence in the performance of the services under this Agreement and the services shall be performed by Consultant in accordance with the schedule included as a part of the Consultant's proposal. The failure by Consultant to strictly adhere to the schedule, may result in termination of this Agreement by City, and the assessment of damages against Consultant for delay. Notwithstanding the foregoing, Consultant shall not be responsible for delays that are due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 8.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition, which purportedly causes a delay, and not later than the date upon which performance is due. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays, which are beyond Consultant's control. 8.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand delivery or mail. 9. CITY POLICY Consultant will discuss and review all matters relating to policy and project F- I LJ 0 • 9 0 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 law, regulations and permit 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 work, activities performed and planned, and any meetings that have been scheduled or are desired. 12. HOLD HARMLESS Consultant shall 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, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all negligent acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement. This indemnity shall apply even in the event of negligence (active or passive) of City, or its employees, or other contractors, excepting only the active negligence or willful misconduct of City, its -7- E officers or employees, and shall include attorneys' fees and all other costs incurred in • defending any such claim. Nothing in this indemnity shall be construed as authorizing, any award of attorneys' fees in any action on or to enforce the terms of this Agreement. 13. INSURANCE Without limiting consultant's indemnification of City, and prior to commencement of work, 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 City. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with City prior to exercising any right or performing any work pursuant to this Agreement. Except workers compensation and errors and omissions, all insurance policies shall add City, its elected officials, officers, agents, representatives and ! employees as additional insured for all liability arising from Consultant's services as described herein. All insurance policies shall be issued by an insurance company certified to do business in the State of California, with original endorsements, with Best's A VII or better carriers, unless otherwise approved by the City Risk Manager. A. Worker's compensation insurance covering all employees and principals of 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 1 J In i 0 0 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. 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). Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, 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 0 0 Ll 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 of the services to be performed under 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 null and void. 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 co- tenant if Consultant is a partnership or joint- venture r 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 orjoint- venture. 15. OWNERSHIP OF DOCUMENTS 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. Documents, including drawings and specifications, prepared by Consultant E -10- 0 0 pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived as against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 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 0 The information, which results from the services in this Agreement, is to be kept confidential unless the release of information is authorized by City. 17. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide the following: A. City will provide access to and upon request of Consultant, provide one copy of all existing record information on file at City. Consultant shall be entitled to rely upon the accuracy of data information provided by City or others without independent review or evaluation. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work -11- 11 schedule. B. City will provide, as available, existing mapping and/or plan information sufficient to prepare base mapping. 18. ADMINISTRATION This Agreement will be administered by the Public Works Department. Antony Brine, P.E., shall be considered the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 19. RECORDS Consultant shall keep records and invoices in connection with the work to be F- 1 L___J performed under this Agreement. Consultant shall maintain complete and accurate 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. 20. 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 • _12_ 0 0 • failure to pay according to the terms of this Agreement. Consultant shall not discontinue • 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. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. 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. 21. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or a restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with the Project. 23. 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 foreseeably be materially -13- • a affected by the work performed under this Agreement, and (2) prohibits • such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 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 City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 24. SUBCONSULTANT AND ASSIGNMENT A. Except as specifically authorized under this Agreement, the services included in this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. • 25. 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 third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided. Antony Brine, RE City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92658 -8915 (714) 644 -3311 Fax (714) 644 -3318 All notices, demands, requests or approvals from City to Consultant shall be CA -14- 0 0 . addressed to Consultant at: Attention: Jim Otterson, P.E. Parsons Transportation Group, Inc. 2 Venture Suite 250 Irvine, CA 92618 (714) 453 -1619 Fax: (714) 453 -0321 26. TERMINATION In the event either party hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of seven (7) days, or if more than seven (7) days are reasonably required to cure the . default and the defaulting party fails to give adequate assurance of due performance within seven (7) days after receipt by defaulting party from the other party of written notice • of default, specifying the nature of such default and the steps necessary to cure such default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 26.1 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, City shall pay to the Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. -15- 0 27. COMPLIANCES 0 Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 28. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein whether of the same or a different character. 29. 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. 30. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 0 -16- 0 0 . 31. CADD DELIVERABLES CADD data delivered to City shall not include the professional stamp or signature • of an engineer or architect. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other Project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. 32. PATENT INDEMNITY The Consultant shall indemnify City, its agents, officers, representatives and employees against liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. -17- 0 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: Robin Clauson Assistant City Attorney City of Newport Beach ATTEST: By: City Clerk CITY OF NEWPORT BEACH A Municipal Corporation 51 Thomas Edwards, Mayor City of Newport Beach CONSULTANT DeLeuw, Cather & Company d.b.a. Parsons Transportation Group By: Thomas E. Barron, Senior Vice President 0 C1 • Exhibit A Scope of Work The proposed scope of work is based on information in the May 13, 1998, Request for Proposal, conversations with City staff, review of the Project 2000 Study and the Balboa Peninsula Planning Study, as well as Parsons Transportation Group experience on similar projects. The purpose, methodology and products of each task are discussed below. PTG refers to De Leuw, Cather & Company d.b.a. Parsons Transportation Group and MIG refers to Moore, lacofano, and Goltsman, Inc. Task 1: PROJECT MANAGEMENT/ COORDINATION /ADMINISTRATION Purpose: Provide overall project and financial management of the project, including client coordination, tracking progress of the work to be performed, and attending meetings. Methodology: Jim Otterson, PTG's project manager, will provide project management, coordination, and supervision of project staff to facilitate the performance of the work in accordance with the scope and requirements of the city. A project kick -off meeting will be held to review project objectives, receive initial information from City staff, establish communication protocols, confirm the project schedule and address other issues as necessary to ensure a successful project initiation. Thereafter, monthly meetings with the City will be conducted as necessary (up to a maximum of seven meetings) to discuss progress, general project issues, obtain direction and to exchange information. Internal design team meetings shall be held as necessary to coordinate design activities, review task assignments and progress and identify issues to be resolved. Products: • Project Team Meetings • Project Schedule • Progress Reports • Meeting Minutes TASK 2: TRAFFIC AND ENGINEERING EVALUATION The primary objectives of this task are to collect pertinent traffic data, prepare preliminary design drawings for the proposed alternatives, and evaluate the alternatives with respect to traffic operations, right -of -way impacts, accessibility for residents and businesses, parking availability, pedestrian and bicycle circulation and other issues as determined by the project team. Subtask 2.1 - Data Collection Purpose: To assemble existing and previously documented information provided by city staff for all features of the proposed project. Methodology: This subtask involves the assembly of available existing information in the • vicinity of the project site from the City. This information will include as- builts, accident data, available traffic projections, previous studies, street improvement plans, utility maps, right -of- Page 1 ! ! Exhibit A Scope of Work way information, aerial maps and appropriate design criteria. PTG will coordinate closely with ! City staff to insure effective utilization of available data. Product: • Listing of relevant reports and documentation to be utilized. Subtask 2.2 - Traffic Counts Purpose: To collect existing traffic counts at key locations throughout the project area. Methodology: To obtain a clear understanding of the circulation patterns and operational issues in the vicinity of the Balboa Boulevard /Newport Boulevard merge area, existing traffic counts will be collected on summer and winter weekends. The traffic counts will be collected on both typical and holiday weekends in the summer season and during a typical winter weekend. Holiday weekends in summer will include Independence Day (July 4, 1998) and Labor Day (September 7, 1998) weekends. The winter weekend for traffic count data collection will be determined with City staff at the project kick -off meeting. For estimation purposes it is assumed that the traffic counts will be collected on two typical summer weekends and two holiday summer weekends, while the winter traffic counts will be collected on one typical weekend. It is further assumed that the traffic counts will be performed for three days on holiday weekends and two days on typical weekends. Field observations will be performed for both the typical and holiday weekends. In addition to traffic count volumes and field observations on summer holiday weekends, video taping of traffic conditions and driver behavior will be recorded for a total of approximately eight (8) hours during the peak traffic periods. This video tape record will serve to document traffic behavior and queuing conditions during the highest peak traffic periods. The City will be responsible for obtaining a suitable elevated location for conducting the video taping of the traffic conditions. Products: • Typical and holiday weekend summer traffic counts • Typical weekend winter traffic counts • Field observations of traffic operations during the traffic counting program • Un- edited video tape(s) of selected periods of Independence Day and Labor Day weekend traffic conditions, up to 8 hours of total recording time Subtask 2.3 - Public Opinion Survey Purpose: To conduct a public opinion survey to determine public opinion on the problems that drivers experience (both inbound and outbound) through the project area. Methodology: A draft survey instrument will be prepared by MIG for review and approval by City staff. The survey will include questions pertaining to seasonal impacts, and will differentiate residents' responses from those of beach and business visitors. Methods of distributing the survey instrument will also be reviewed with City staff. The final survey form will Page 2 Exhibit A Scope of Work • be distributed and collected by City staff. Results of the survey will be coded, analyzed and summarized by MIG in a technical memorandum. Product: • Public Opinion Survey Memorandum Subtask 2.4 - Public Outreach Program Purpose: To facilitate and obtain community, business and property owner input regarding the proposed project. Methodology: The following public outreach efforts will be accomplished by MIG in this subtask as summarized below. Community Open House/Workshop - The workshop will be designed to meet identified goals, with activities including, but not limited to: informational presentations, group discussions and individual feedback exercises. • Pre - Meeting Preparation: PTG /MIG will work with City staff to identify and focus workshop objectives and design workshop processes accordingly. PTG /MIG will prepare an agenda and comment sheet to be copied by City staff for distribution at the workshop. • Facilitation and Graphic Recording: MIG will facilitate the workshop using a technique called "facilitation graphics," which combines leadership skills with graphic note taking. Particularly effective in group settings, this technique encourages free thinking and the rapid generation of ideas. Participant comments and questions will be recorded on large wall graphics to help establish the groups' memory of both the flow and content of discussions. In our experience, this method of facilitation evokes enthusiasm, encourages interaction and cooperative participation, and leads to group consensus. Using facilitation graphics participants are able to visualize their ideas and build upon each other's comments. These wall graphics will be photo reduced and summarized. Workshop Summary: -MIG will prepare a written summary of the workshop, highlighting key comments, issues, areas of agreement, next steps, etc., including photo reductions of wall graphics produced during the workshop. Target Group Workshops - MIG will facilitate and graphically record two workshops with target groups. The first workshop will be conducted with business interests, focused on the businesses located on Newport and Balboa Boulevards in the project area, along with the McFadden and Newport Beach Pier area businesses. The second workshop will be conducted with residential area leaders from Central Balboa, West Newport and Peninsula Point. This will involve the following activities: • Pre - Workshop Preparation: MIG will work with City staff to identify and focus workshop objectives and design workshop processes accordingly. • Facilitation and Graphic Recording: MIG will facilitate and graphically record the workshops. Page 3 • Exhibit A Scope of Work Workshop Debriefings and Summaries: MIG will provide written summaries of both target • group workshops. Property Owner Meetings - MIG will conduct two meetings with property owners who might be impacted by the proposed improvements. This will involve the following activities: • Pre - Meeting Preparation: MIG will work with City staff to identify and focus meeting objectives and design the meetings accordingly. • Facilitation and Graphic Recording: MIG will facilitate and graphically record the meetings. • Meeting Summary: MIG will provide a written summary of both meetings. Community Forum - MIG will conduct a Community Forum to present the results of the draft study and the recommendations. This will involve the following activities: Pre - Workshop Preparation: MIG will work with City staff to identify and focus workshop objectives and design workshop processes accordingly. MIG will prepare an agenda and comment sheet to be copied by City staff for distribution at the workshop. • Facilitation and Graphic Recording: MIG will facilitate and graphically record the workshop. • Workshop Summary: MIG will prepare a written summary of the workshop. Products: • Public Outreach Meetings (6) • Written summaries of each meeting. Subtask 2.5 - Preliminary Plans Purpose: To develop preliminary design layout plans for up to four alternative improvement scenarios in addition to the No Project Alternative. Methodology: Geometric plans will be developed based on current City design standards. Existing and proposed right -of -way lines will be delineated. It is assumed that aerial mapping of the project area is available from the City and will be suitable for the preliminary design. Lane, median, sidewalk widths and driveway access locations will be labeled. Typical sections will be developed as necessary to illustrated the four build alternatives. A construction staging concept of the preferred alternative will be developed to verify constructability and feasibility of traffic handling. Products: • Layout Plans to be included in the Project Report • Typical Sections to be included in the Project Report • Construction Staging/Traffic Handling Discussion in the Project Report 0 Subtask 2.6- Evaluate and Refine Alternatives Purpose: To evaluate and refine the No Project and four build alternatives based on traffic and design criteria established by the project team. 0 Page 4 • Exhibit A Scope of Work Methodology: Based on information in the Request for Proposal and our review of the project area, PTG has developed an initial list of criteria to be used in evaluating the proposed alternatives. The following criteria will be reviewed and refined during the project based on input from City staff and information obtained from the public opinion survey and public meetings. Traffic Circulation: Using the traffic count data obtained in Subtask 2.2 the effect each proposed alternative would have on relieving congestion, improving traffic circulation and facilitating transit operations will be qualitatively and quantitatively assessed. Level of service calculations will be performed for the signalized intersections in the project area and traffic flow diagrams will be prepared to assess traffic operations, intersection storage requirements and circulation impacts. • Accessibility: Ease of access for residents, businesses and visitors is a key issue affecting the viability of the proposed alternatives. The alternatives will be evaluated based on the accessibility to local residential streets, to local businesses (e.g. McFadden and Newport Pier area businesses) and to Central Balboa and Peninsula Point. • Parking: The effect each alternative has on the availability and supply of parking will be quantified and assessed. Maintaining sufficient parking for businesses, visitors and residents is essential. • Pedestrian & Bicycle Circulation: The combination of recreational, residential and business land uses in this area creates a significant amount of pedestrian and bicycle activity. Ensuring safe and efficient pedestrian /bicycle circulation, while facilitating overall traffic operations within the project area, will be a key issue in this study. • Right -of -Way Impacts: The existing right -of -way for Newport and Balboa Boulevards will be identified using aerial mapping and as -built information. The preliminary design plans will identify proposed right -of -way lines and their affect (if any) on existing properties and buildings. • Utilities: Using the utility maps obtained in the data collection task, each selected design modification will be analyzed for conflicts with surrounding utilities, including drainage facilities. • Constructability: The analysis will include an evaluation of maintaining traffic during construction and identifying traffic diversion and construction impacts. • Landscaping & Aesthetics: PTG will identify any new or replacement landscaping areas. • Cost Estimates: A probable construction cost estimate will be developed for each of the proposed alternatives. The estimate will provide order of magnitude costs for major items of work including roadwork, right -of -way, utilities, etc., to a preliminary engineering level of detail. Page 5 • Exhibit A Scope of Work TASK 3: PROJECT REPORT • Subtask 3.1 - Draft Project Report Purpose: To prepare a draft project report presenting the proposed alternatives and evaluation results. Methodology: This subtask involves preparing the draft project report summarizing the alternatives studied and the evaluation results of each alternative. The draft project report will include the preliminary design drawings, traffic count information, and other pertinent information documenting the methodology and results of the evaluation. PTG will meet with City staff to evaluate the results of the alternatives studied prior to the preparation of the report. Product: • Draft Project Report (five copies) Subtask 3.2 - City Review of Draft Project Report Purpose: To obtain City comments on the Draft Project Report. Methodology: Five copies of the draft report will be submitted and distributed to the City for their review and comment. One iteration of review comments is assumed. Product: • A consolidated copy of all the review comments from the City Subtask 3.3 - Final Project Report Purpose: To prepare the final project report incorporating City comments on the draft project report. Methodology: A meeting will be held with the City to discuss the comments and ensure the appropriate actions to be taken. This step reduces the opportunity for misunderstanding and provides a clear direction towards the development of the final report. Once concurrence has been reached on all outstanding issues, the final report will be prepared and submitted to the City. 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