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.
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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.
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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.
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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-
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• • 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
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• • 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.
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• • 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
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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
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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.
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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
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• 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
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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
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• 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.
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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
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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
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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
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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
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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
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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
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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
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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
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• 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
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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
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. 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.
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27. COMPLIANCES
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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.
Product:
• Final Report (ten copies)
Page 6
•
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