HomeMy WebLinkAboutC-3365 - PSA - Traffic Phasing Ordinance Study' • 0
PROFESSIONAL SERVICES AGREEMENT
TRAFFIC PHASING ORDINANCE STUDY
THIS AGREEMENT, entered into this � �d day of , 2000, by
and between CITY OF NEWPORT BEACH, a Municipal Corporation (hereinafter referred
to as "City "), and Linscott, Law & Greenspan Engineers, whose address is 1580
Corporate Drive, Suite 122, Costa Mesa, California 92626, (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 City.
B. City has received a request to request to initiate Phase II of the Master Plan
of Development by Hoag Memorial Hospital Presbyterian.
C. City desires to engage Consultant to prepare a Traffic Phasing
Ordinance Study for this project upon the 'terms and conditions contained
in this Agreement.
D. The principal member of Consultant for purpose of Project is Trissa de
Jesus Allen.
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
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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 .222_0 day ofA2000,
and shall terminate on the P day of ar aO 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" 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 City. Consultant's compensation for all work
performed in accordance with this Agreement shall not exceed the total contract price of
Forty thousand,four hundred dollars and no cents ($40,400.00).
3.1 Consultant shall maintain accounting records of its billings which includes
the name of the employee, type of work performed, times and dates of all work which is
billed on an hourly basis and all approved incidental 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 City and based upon the monthly
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invoices.
3.3 Consultant shall not receive any compensation for extra work without prior
written authorization of City. 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, or specifically approved in advance by
City. Such cost shall be limited and shall include nothing more than the following costs
incurred by Consultant:
A. The actual costs of subconsultants for performance of any of the services
which Consultant agrees to render pursuant to this Agreement which have
been approved in advance by.City and awarded in accordance with the
terms and conditions of this Agreement.
B. Approved computer data processing and reproduction charges.
C. Actual costs and /or other costs and /or payments specifically authorized in
advance in writing and incurred by Consultant in the performance of 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
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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
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
in means of performing the work provided that Consultant is in compliance with the terms
of this Agreement.
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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 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 which may have jurisdiction or interest in
the work to be performed. City agrees to cooperate with Consultant on Project.
7. PROJECT MANAGER
Consultant shall assign Project to a Project Manager, who shall coordinate all
phases of Project. This Project. Manager shall be available to City at all reasonable times
during term of Project. Consultant has designated Trissa de Jesus Allen to be its
Project Manager. Consultant shall not bill any personnel to Project other than those
personnel identified in Exhibit "B ", whether or not considered to be key personnel, without
City's prior written approval by name 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 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 Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants it will continuously furnish the necessary personnel to complete
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 a project schedule
mutually approved by the Consultant and the City. 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 which are due to causes beyond
Consultant's reasonable control. However, in the case of any such delay in the services
to be provided for Project, each party hereby agrees to provide notice to the other party
so that all delays can be addressed.
Consultant shall begin work within 10 calendar days of the execution of this
Agreement. No work shall be performed by Consultant beyond the completion date as
stated in the approved Project Schedule without the authorization of the Project
Administrator.
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
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either telephone, fax, hand delivery or mail.
9. CITY POLICY
Consultant will discuss and review all matters relating to policy and project
direction with the Project Administrator in advance of all critical decision points in order to
ensure that the Project proceeds in a manner consistent with City goals and policies.
10. CONFORMANCE TO APPLICABLE REQUIREMENT
All work prepared by Consultant shall conform to applicable city, county, state and
federal 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, excepting only the
active negligence or willful misconduct of City, its officers or employees, and shall include
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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 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
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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 ($1,000,000.00).
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 City prompt and timely notice of claim made or suit
instituted arising out of Consultant's operation hereunder. Consultant shall also procure
and maintain, at its own cost and expense, any additional kinds of insurance, which in its
own judgment may be necessary for its proper protection and prosecution of the work.
Consultant agrees that in the event of loss due to any of the perils for which it has
agreed to provide comprehensive general and automotive liability insurance, that
Consultant shall look solely to its insurance for recovery. Consultant hereby grants to
City, on behalf of any insurer providing comprehensive general and automotive liability
insurance to either Consultant or City with respect to the services of Consultant herein, a
waiver of any right of subrogation which any such insurer of said Consultant may acquire
against City by virtue of the payment of any loss under such insurance.
14. PROHIBITION AGAINST TRANSFERS
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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 co- tenancy, 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
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
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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
schedule.
B. Provide blueprinting, copying and other services through City's reproduction
company for each of the required submittals. Consultant will be required to
coordinate the required submittals with City's reproduction company. All
other reproduction will be the responsibility of Consultant and as defined
above.
C. City staff will provide usable life of facilities criteria and provide information
with regards to deficient facilities.
18. ADMINISTRATION
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This Agreement will be administered by the Public Works Department. Richard
Edmonston 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
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 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.
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21. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other consultants in connection with Project.
22. CONFLICTS OF INTEREST
A. 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
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.
23. SUBCONSULTANT AND ASSIGNMENT
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.
24. 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,
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postage prepaid, first class mail, addressed as hereinafter provided.
All notices, demands, requests or approvals from Consultant to City shall be
addressed to City at:
City of Newport Beach
3300 Newport Boulevard
P. O. Box 1768
Newport Beach, CA, 92658 -8915
(949) 644 -3344
Fax (949) 644 -3318
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Attention: Trissa de Jesus Allen
Linscott, Law & Greenspan Engineers
1580 Corporate Drive, Suite 122
Costa Mesa, CA 92626
(714) 641 -1587
Fax(714)641 -0139
25. TERMINATION
In the event either part 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 two (2) days, or if more than two (2) days are reasonably required to cure the default
and the defaulting party fails to give adequate assurance of due performance within two
(2) 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
nondefaulting party may terminate the Agreement forthwith by giving to the defaulting
party written notice thereof.
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25.1 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 Consultant that
portion of compensation specified in this Agreement that is earned and unpaid prior to the
effective date of termination.
26. COMPLIANCES
Consultant shall comply with all laws, state or federal and all ordinances, rules and
regulations enacted or issued by City.
27. 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.
28. 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.
29. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his /her
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
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or market conditions, Consultant does not guarantee the accuracy of such opinions as
compared to contractor bids or actual cost to City.
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 Clauson
Assistant City Attorney
AT
as
LaVonne Harkless
City Clerk
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CITY OF NEWPORT BEACH
A Municipal Corporation
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LINSCOTT LAW & GREENSPAN ENGINEERS
By: `�(tiA.�l�:7�1f✓�
Trissa de JesV Allen
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E N G I N E E R S
ENGINEERS & PLANNERS • TRAFFIC, TRANSPORTATION, PARKING
1580 Corporate Drive, Suite 122 • Costa Mesa, California 92626
Phone: 714 641 -1587 • Fax: 714 641 -0139
June 21, 2000
Ms. Janet L. Divan, P.E.
PUBLIC WORKS DEPARTMENT
CITY OF NEWPORT BEACH
3300 Newport Boulevard,
Newport Beach, California 92658 -8915
SUBJECT: REVISED
PROPOSAL TO PREPARE A TRAFFIC IMPACT & PARKING STUDY
FOR THE HOAG HOSPITAL MASTER PLAN: PHASE II
Newport Beach, California
Dear Ms. Divan:
As requested, Linscott, Law & Greenspan, Engineers (LLG) is pleased to submit this proposal to
prepare a Traffic Impact & Parking Study related to the Phase II development of Hoag Hospital's
Master Plan. Based upon our meeting with you and Mr. Rich Edmonston on October 26 and
December 14, 1999, and with you on June 8, 2000, the TPO Analysis that is required for Phase 1I
of the Hospital's Master Plan should focus on a short-term timeframe (i.e., by the Year 2005),
rather than the long -term evaluation that has already been incorporated in the City's General
Plan. As we understand it, this long -term analysis included all three phases of the Master Plan
(Phases I,11, and III).
We are also aware that the preparation of the Traffic Impact & Parking Study for the project
should conform to the procedures outlined in the City's Traffic Phasing Ordinance (TPO) dated
July 13, 1999.
Therefore, the scope for the study will primarily identify any potential project - related traffic
impacts and possible improvements, if any, at the completion of the Master Plan's Phase II (i.e.,
one year after the completion of Phase II, as required by the TPO). The City's General Plan
traffic analysis model, and long -term horizon year, will not be used or "run" in the study, since
future traffic forecasts already developed by the City for cumulative project traffic will be
directly applied, and Phase II project - generated traffic will be estimated through explicit/focused-
area assignment by LLG.
Philip M. linscou, P.E. (ReL)
lack M. Greenspan, P,E.
William A. law, P.E. (ReL)
Paul W, Wilkinson, P.E.
John P. Keating, P.E.
David S. Shender, P.E.
Pasadena - 626 796 -2322 • San Diego - 619 299 -3090 • Las Vegas - 702 451 -1920 • An LC2WB Company Exhibit B
LINSCOTT
LAW &
GREENSPAN
E N G I N E E R 5
• • Ms. Janet Divan, P.E.
CITY OF NEWPORT BEACH
June 21, 2000
Page 2
In addition, the proposed work scope includes the following primary tasks:
• Validation of the traffic generation forecasts and resultant mitigation measures associated
with Phase I. This will require traffic generation surveys of existing conditions at Hoag, so
that empirical trip rates could be developed. The surveys will be conducted at two isolated
facilities (James Irvine Surgery Center and Cancer Center), and for the entire hospital. (the
surveys were already performed by collecting daily traffic counts along 21
driveways /roadways within the campus)
• Provide very detailed and thorough discussion on "Gross Square Footage" versus "Effective
Square Footage" for the purposes of estimating traffic generation for the project
• Evaluation of up to three land use scenarios (to be developed and identified by Hoag
Hospital) as "Project Alternatives"
• Develop approximate cost estimates for mitigation measures (if any), and identify the
project's potential fair -share contribution to each physical improvement (if any)
• Review of site access and internal circulation within the project site
• Review of the parking rates developed for Phase I, and the results of the most recent Parking
Utilization Survey performed at Hoag Hospital, in order to estimate parking requirements for
Phase II
• Comment on TDM compliance for the project
SCOPE OF WORK
The methodology defined in the following sections reflect the City's requirements and our
interpretation of the study's needs.
Task 1: Project Initiation and Coordination
Along with Hoag Hospital representatives, LLG will meet with City staff to obtain a clear
understanding of the project description and objectives, and to review in detail the elements
identified in our scope of services. All issues of concern to the City will be identified and
discussed, with the study /data collection methodology confirmed during this initial meeting. Any
available relevant information such as current traffic count data, study horizon,
background/ambient traffic growth rate, list of cumulative projects, programmed roadway
improvements, and any previous traffic studies conducted in the study area will be obtained.
LINSCOTT
LAW &
GREENSPAN
E N G I N E E R S
• Ms. Janet Divan, P.E.
CITY OF NEWPORT BEACH
June 21, 2000
Page 3
Task 2: Data Collection/Existing Conditions Inventory
We will analyze the existing traffic operating conditions within the study area. Per City staffs
directions, and being consistent with the Hoag Memorial Hospital Presbyterian Master Plan
Traffic Impact and Parking Analysis prepared by LSA Associates, Inc. (dated September 27, 1991),
the following 15 intersections will be analyzed in detail:
1. Orange Street & PCH
2. Prospect Street & PCH
3. Balboa Boulevard/Superior Avenue & PCH
4. Riverside Avenue & PCH
5. Tustin Avenue & PCH
6. Dover DriveBayshore Drive & PCH
7. Bayside Drive & PCH
8. Jamboree Road & PCH
9. Newport Boulevard & Via Lido
10. Newport Boulevard & Hospital Road
11. Superior Avenue & Placentia Avenue
12. Newport Boulevard southbound "off- ramp" & PCH
13. Superior Avenue & Hospital Road
14. Hoag driveway & Hospital Road
15. Hoag driveway & PCH
LLG has obtained all recent (1998 and 1999), available peak hour traffic counts from the City at
the study intersections, and expect to receive 2000 counts soon. In addition to the 21 daily traffic
count locations within the campus, new counts were collected during the morning and afternoon
commute peak hours on a typical weekday (i.e., 7 -9 AM, 4 -6 PM) for the Hoag driveway &
Hospital Road intersection.
An inventory of existing roadway physical characteristics will be conducted for all facilities
within the study area (i.e., intersection lane configurations, widths, posted speed limit, adjacent
land use, on- street parking restrictions, etc.).
Task 3: Project Traffic Forecasts
Trip generation of hospital uses are typically estimated by applying trip generation rates
contained in the Trip Generation Manual (6th Edition, Institute of Transportation Engineers).
However, because Phase II is planned to be developed in conjunction with the restructuring of
other existing hospital facilities and operations, it is important to consider the overall effect of
these proposed changes on future project trip generation. It is equally important to validate the
trip generation rates applied to Phase I, so that their potential application to Phase 11 could be
determined.
• • Ms. Janet Divan, P.E.
CITY OF NEWPORT BEACH
In . June 21, 2000
E N G I N E E R S Page 4
Existing Traffic Generation Surveys
In order to determine the amount of vehicular traffic currently generated at the hospital, we have
collected 24 -hour traffic counts at Hoag's key driveways /internal roadways for two weekdays.
In addition to the collection of daily traffic counts, we will work with Hoag to determine the
"user group" or person counts currently generated at the hospital. These "user group" counts will
include the number of outpatients, employees, visitors (or the number of inpatients, if the number
of visitors are not tracked), and volunteers. We will then translate these person trips to an
approximate vehicle volume using industry standards for Average Vehicle Occupancy (AVO).
The estimated volume will be adjusted to include ambulance traffic and Phase I construction
traffic, then compared to the existing traffic counts collected at each of the hospital's driveways.
This provides an appropriate validation tool for the driveway counts.
Based upon the daily traffic counts, LLG will evaluate the James Irvine Surgery Center and
Cancer Center, in order to develop empirical trip rates that would uniquely represent the
tripmaking characteristics of each medical facility. These empirical rates could then be applied
to the project.
Empiricallv- Derived Trip Rates for the Project
By dividing the hospital's existing traffic generation by Hoag's size (in terms of square footage,
beds, or employees), trip rates could be derived for the project, and "isolated" project
components (i.e., James Irvine Surgery Center and Cancer Center). These empirical trip rates
will be compared to the factors applied to Phase I in the LSA study. We will get approval from
the City as to which set of trip rates would be appropriate for Phase If.
Project Traffic Generation, Distribution, and Assignment
Traffic anticipated to be generated by Phase II will be based upon the application of trip
generation rates that LLG had identified and developed with the City's approval. The project -
related traffic will be distributed and assigned to the street system based on anticipated travel
patterns to /front the site. The project- related traffic forecast and distribution pattern will be
reviewed by City staff prior to incorporating this information in the traffic report.
We will provide very detailed and thorough discussion on "Gross Square Footage" versus
"Effective Square Footage" for the purposes of estimating traffic generation for the project
Task 4: Cumulative Base Projections
The future Cumulative Base in the Year 2005 will be developed by applying an annual
background traffic growth rate to existing traffic counts and adding the trips generated by
cumulative projects. The annual background traffic growth rate and list of related projects will
be obtained from the City.
• 0 Ms. Janet Divan, P.E.
IN CITY OF NEWPORT BEACH
June 21, 2000
Page 5
E N G I N E E R S
The City's General Plan traffic analysis model, and long -term horizon year, will not be used or
"run" as part of the study, since future traffic forecasts already developed by the City through
explicit/focused -area assignment of cumulative project traffic will be obtained, and directly
applied in the study.
Task 5: Traffic Impact Analysis
Using the City's TPO analysis procedure, each of the key intersections will be analyzed to
determine whether a formal analysis using the Intersection Capacity Utilization (ICU) method
will be required. If the ICU analysis is required, then detailed AM and PM peak hour level of
service analysis will be conducted for the following traffic scenarios:
• Existing (2000)
• Year 2005 Cumulative Base (one year after completion of Phase II) — which includes
background/ambient traffic growth, cumulative projects, and system -wide improvements;
without the project
• Year 2005 Cumulative Plus Project Alternative 1 (i.e., Phase II)
• Year 2005 Cumulative Plus Project Alternative I (i.e., Phase II), and any mitigations, if
necessary
• Year 2005 Cumulative Plus Project Alternative 2 (i.e., Phase II)
• Year 2005 Cumulative Plus Project Alternative 2 (i.e., Phase II), and d any mitigations, if
necessary
• Year 2005 Cumulative Plus Project Alternative 3 (i.e., Phase II)
• Year 2005 Cumulative Plus Project Alternative 3 (i.e., Phase II), and any mitigations, if
necessary
Task 6: Project Alternatives
LLG will evaluate of up to three land use scenarios (to be developed and identified by Hoag
Hospital) as "Project Alternatives ".
Task 7: Mitigation Measure Cost Estimates, Project Fair Share Contribution, and
TDM Compliance
LLG will develop approximate cost estimates for mitigation measures (if any), and identify the
project's potential fair -share contribution to each physical improvement (if any). City staff will
be consulted on the appropriate fair -share equations to use for the project. In addition, we will
also comment on TDM compliance for the project.
7J
• • Ms. Janet Divan, P.E.
CITY OF NEWPORT BEACH
June 21, 2000
Page 6
EN G I N E E R$
Task 8: Site Access and Internal Circulation Analysis
LLG will evaluate and comment on the proposed internal circulation scheme of the project,
focusing on:
• Site access adequacy and safety (i.e., number of access points, ingress /egress operations, any
potential conflicts with adjacent driveways)
• On -site circulation design (i.e., lane geometries, traffic volumes, sight clearance, stopping
distance, throat lengths, vehicle stacking at site driveways, storage /queuing requirements)
• Building/structure layout
• Parking layout
• Transit and pedestrian connections /circulation and access
• Emergency /service /delivery truck access
Task 9: Parking Analysis
We will review the parking rates developed for Phase I, and the results of the most recent Parking
Utilization Survey performed at Hoag Hospital, in order to estimate parking requirements for
Phase II.
Per City staff direction, the Parking Utilization Survey conducted by Hoag hospital most recently
can be used to identify existing parking demand and characteristics. Through "practical
estimation ", as opposed to City parking code -based calculations, we will derive parking demand
ratios from the empirical data, and apply it to Phase II to estimate the future parking demand at
Hoag. The estimated demand will then be compared to the proposed parking supply to determine
any "practical" (i.e., not code -based) surplus or shortfall in parking.
We will also perform parking demand calculations for Phase II based upon the application of
parking rates per the City's Parking Code, and the rates developed for Phase I.
Task 10: Report Preparation
Our findings and recommendations developed as part of the above tasks will be presented in a
report, which will include all necessary tables and graphics.
We will submit a Draft Study (two copies) to you for comments, within six weeks of notice -to-
proceed. Upon receipt of comments from you, we will revise the report (if necessary), and
provide you with three bound copies and one unbound copy of the Final Report.
• • Ms. Janet Divan, P.E.
IN CITY OF NEWPORT BEACH
June 21, 2000
E N G I N E E R S Page 7
Task 11: Meetings and Presentations
In addition to Task 1, LLG staff will attend up to 12 meetings (8 internal meetings with City
staff and Hoag Hospital representatives to discuss project - related issues, three Planning
Commission hearings, and one City Council hearing). The cost of additional meetings has not
been included in the proposed fee for this project.
COST ESTIMATE
The services outlined in this proposal will be invoiced monthly on a time and materials basis,
according to the attached Fee Schedule, or the Fee Schedule in effect when our services are
performed.
Our proposed tasks could be accomplished within an initial cost estimate of $40,400, and will not
be exceeded without your prior authorization.
The following provides a breakdown of the total cost to complete the study:
Task l:
Project Initiation and Coordination
$400
Task 2:
Data Collection/Existing Conditions Inventory
$2,400
Task 3:
Project Trip Generation, Distribution, & Assignment
$5,800
Task 4:
Cumulative Base Projections
$2,800
Task 5:
Traffic Impact Analysis and Mitigation
$5,500
Task 6:
Project Alternatives (up to 3 alternatives)
$3,800
Task 7:
Cost Estimates, Fair - Share, TDM Compliance
$5,500
Task 8:
Site Access & Internal Circulation Analysis
$4,500
(Preferred Scenario plus 3 Alternatives)
Task 9:
Parking Analysis
$2,500
(Preferred Scenario plus 3 Alternatives)
Task 10:
Report Preparation
$1,200
Task 11:
Meetings and Presentations (12)
$6,000
TOTAL BUDGET:
$40,400
Expansion of services beyond the initial budget estimate will necessitate an increase to this
budget maximum, with the additional services performed in response to your specific request.
PROFESSIONAL LIABILITY
Should this proposal be accepted, the Client (represented by the signature below) agrees to limit
Linscott, Law & Greenspan's liability to the Client and to all Contractors and Subcontractors on
LINSCOTT
LAW &
GREENSPAN''
E N G I N E E R S
• Ms. Janet Divan, P.E.
CITY OF NEWPORT BEACH
June 21, 2000
Page 8
the project due to Linscott, Law & Greenspan's negligent acts, errors, or omissions, such that the
total aggregate liability of Linscott, Law & Greenspan to all those named shall not exceed
$50,000.00 or Linscott, Law & Greenspan's total fee for the services rendered on this project,
whichever is greater. Please note that for the purposes of preparing contract paperwork, Linscott,
Law & Greenspan, Engineers, is a dba for LG2WB Engineers, Inc., a California corporation.
ACCEPTANCE
You may indicate acceptance of this proposal by signing in the space provided on the next page
and returning the original for our files, or by issuance of an appropriate purchase order or
consultant contract. A copy is enclosed for your files. We are ready to begin work immediately
upon receiving your notice to proceed. To the extent possible, our work will be done in
coordination with your time frame.
We appreciate the opportunity to submit this proposal and look forward to working with you on
this project. Should you need further assistance, or have any questions regarding this proposal,
please call me at (714) 641 -1587.
Very truly yours,
LINSCOTT, LAW & GREENSPAN, ENGINEERS
�A"q-r- ea. ��
Trissa (de JesukyAllen
Transportation Engineer III
cc: Peri Muretta
Leif Thompson, Hoag Hospital
Randy Regier, Taylor & Associates
Attachment
P2990167-a.doc
• • Ms. Janet Divan, P.E.
CITY OF NEWPORT BEACH
IN June 21, 2000
Page 9
E N G I N E E R S
ACCEPTED FOR TASKS 1 THROUGH 11 AS OUTLINED ABOVE, NOT TO EXCEED
$40,400 WITHOUT PRIOR AUTHORIZATION
AUTHORIZING AGENT TITLE
FIRM FEDERAL ID NUMBER
ADDRESS DATE
E N G I N E E R S
0 0
Effective January 1, 2000
FEE SCHED ULE
TITLE PER HOUR
Principal
PrincipalEngineer ........................................................................
............................... $
150.00
Associate Principal Engineer .......................................................
............................... $
140.00
Transportation Engineers
.........................:..... $
70.00
Senior Transportation Engineer ...................................................
............................... $
120.00
Transportation Engineer III ..........................................................
............................... $
100.00
Transportation Engineer II ...........................................................
............................... $
85.00
Transportation Engineer I ............................................................
............................... $
70.00
Transportation Planners
Senior Transportation Planner .....................................................
............................... $
100.00
Transportation Planner III ............................................................
............................... $
85.00
Transportation Planner 11 .............................................................
.........................:..... $
70.00
Transportation Planner I ..............................................................
............................... $
60.00
Technical Support
Engineering Associate II ..................... ...............................
Engineering Associate I ...................... ...............................
CADD Drafter /Senior Technician ...... ...............................
Engineering Computer Analyst II ....... ...............................
CADD Drafter / Technician .................. ...............................
Word Processor / Secretary ................... ...............................
Engineering Computer Analyst I ........ ...............................
Engineering Technician ...................... ...............................
Engineering Aide I .............................. ...............................
........ ............................... $
70.00
........ ............................... $
65.00
........ ............................... $
65.00
........ ............................... $
65.00
........ ............................... $
60.00
........ ............................... $
45.00
........ ............................... $
50.00
........ ............................... $
45.00
........ ............................... $
30.00
Public Hearing support may be charged at 125% of the base rate.
Subcontractors and other project - related expenses will be billed at cost plus 15 %.
Consultation in connection with litigation and Court appearances will be quoted separately.
The above schedule is for straight time. Overtime will be charged at 1.50 times the standard hourly rates.
Interim and /or monthly statements will be presented for completed work. These will be due and payable
upon presentation unless prior arrangements are made. A finance charge of 1.5% may be charged each
month on the unpaid balance.
��M CERTIFICA OF LIABILITY INSU 9/ (0/D0/YY)
CE 9/20/00
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
P. 0. BOX 10550 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Santa Ana, CA 92711 -0550
714 427 -6810 INSURERS AFFORDING COVERAGE
INSURED INSURERA: St. Pahl Fire & Marine
LG2WB Engineers, Inc. INS USE RB:American Motorists Ins. Co.
dba Linscott, Law & Greenspan INSURERC: Design n Professional Insurance Co.
1580 Corporate Drive, 4122
INSUflEfl D.
Costa Mesa, CA 92626
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID
CLAIMS.
LR . .... ....
Tp T YPE OFINSURANCE POLICY NUMBER 7OLIC YEFFECTIVE POLICY EXPIRATION
DATE MWDDNY : DATE MM/OD/YY
LIMITS
• GENERAL LIABILITY RPO6640236 109/01/00 09/01/01
i EACH OCCURRENCE 52,000,000
X COMMERCIAL GENERAL LIABILITY
iFIRE DAMAGE (Any one lire) $INCLUDED
CLAIMS MADE X OCCUR
j MED EXP(Any one parson) $5,000
PERSONAL B ADV INJURY 000,000
GEN'L AGGREGATE LIM ITAPPLIES PER �71�'eiy�r..yyT
:S2,
GENERAL AGGREGATE s4, 000,000
COMP /OPAGG 84, 000,000
PRO... .. _..
�O�J
_PRODUCTS ..
POLICY JECT LOC .
• AUTOMOBILE LIABILITY RP0664 2 6 09/01/00 09/01/01
OMBINED SINGLE LIMIT
ANY AUTO
(Ea accident) 52, 000,000
ALL OWNED AUTOS 1 *For Professional Liability coverage, the I
BODILY INJURY
SCHEDULED AUTOS aggregate limit Is the total insurance available
(Per person) $
_
X HIRED AUTOS for all covered claims presented within the
BODILY INJURY $
X. NON-OWNED AUTOS policy period. The limit will: be reduced by
. (Per accident) .
payments for indemnity and expenses.
PROPERTY DAMAGE $
j
(Peraccident)
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT $
:._ .
ANY AUTO
--
EA ACC $
OTHER THAN _ . ..
y
AUTO ONLY:
AGO S
EXCESS LIABILITY j SEP 2 O
EACH OCCURRENCE $
OCCUR CLAIMS MADE
AGGREGATE $
JSLIC
S
DEDUCTIBLE N drO:IT BS.'r
... _S
RETENTION $
$
B WORKERS COMPENSATION AND 7CW61839800 09/01/00 09/01/01
_X _aQpy TLIMTS OER
.ER...... _..
EMPLOYERS' LIABILITY -
E.L. EACH ACCIDENT $1,000 , 000
EL.DISEASE EA EMPLOYEE $1 000, 000
-
E.L. DISEASE - POLICY LIMIT $1,000,000
C OTHER professional IPL300155 '09/01/00 09/01/01:$1,000,000
Each Claim
Liability*
!$2,000,000 Annual Aggr
DESCRIPTION OF OPERATIONS /LOCATIONSIVEHICLES/E%CLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS
If cancelled for non - payment of premium, 10 days notice
given.
Re: Professional Services Agreement for Traffic Phasing
Ordinance Study.
The City, its officers, agents, officials, employees and
volunteers are
Aditional Insureds as respects General Liability and Auto
Liability per
(See Attached Descriptions)
City of Newport Beach
Public Works Department
Attn: Shauna Oyler
P.O. Box 1768
Newport Beach, CA 92658 -8915
SHOULD ANYOFTHE ABOVEDESCRIBED POUCIESBECANCELLEO BEFORETHEEXPtRAMW
DATE THEREOF, THE ISSUING INSURER WILL 3MXDe3Ii MXXMAIL 3.0 DAYSWRITTEN
NOTICE TOTHE CERTIFICATE HOLDERNAMEO TOTHE LEFT „@p,[F,Q[�$I,$TlJ�9QR3$SiX
AUTHORIZED
ACORD25- S(7i97)1 of 2 #M44763 LSF” 0 AC90 CORPORATION 1988
DESCWPTIONS (Continued from P& 1)
endts attached. Primary & Non - Contributing applies to GL and Auto.
Blanket Waiver of Subrogation Endt for Work Comp is included.
(AI- CK /AI- A0025 /PR /SUBRO /X)
AMS 25.3(07/97) 2 of 2 4M44763
GENERAL ENDORSEMENT •
0
In consideration of an additional premium of N/A it is hereby understood and agreed that
the following applies:
[ X ] ADDITIONAL INSURED
THE CITY, ITS OFFICERS, AGENTS, OFFICIALS, EMPLOYEES AND VOLUNTEERS
is /are Additional Insured/s as respects to work done by Named Insured.
[ X ] PRIMARY COVERAGE
With respect to claims arising out of the operation of the Named Insured, such insurance as afforded by this policy
is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the above
Additional Insureds.
[ X ] NOTICE OF CANCELLATION
It is understood and agreed that in the event of cancellation of the Policy for any reason other than non- payment of
premium, 30 days written notice will be sent to the following by mail.
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
P.O. BOX 1768
NEWPORT BEACH, CA 92658 -8915
In the event the policy is canceled for non- payment of premium, 10 days written notice will be sent to the above.
Policy No.: RP06640236 Effective Date: 8/29/00
Insurance Company: St. Paul Fire & Marine
Issued to: LG2WB Engineers, Inc., dba: Linscott, Law & Greenspan
�? Issue Date: 9/20/00
Autho zed Re septa e
0 •a ,
= NON —OWNED AUTOS ADDITIONAL PROTECTED PERSONS
ENDORSEMENT
U
U
This endorsement changes your Liability
Protection For Autos You Don't Own.
NAMED INSURED: LG2WB ENGINEERS, INC., DBA LINSCOTT, LAND 6 GREENSPAN
POLICY NUMBER: RP06640236
a POLICY PERIOD: 9/01/00 TO 9/01/01
r
0
0
0
0
0
C
e
n
m
0
0
a
N
O
0
U
How Coverage Is Changed
The following is added to the Who Is
Protected Under This Agreement section.
This change broadens coverage by adding
certain protected persons, but limits. that
protection..
Person or organization under contract Any
person or organization who is required by a
work contract to be named as a protected
person under this agreement is a protected
person. But only for covered bodily injury or
property damage that results from the work
done by or for you under that contract.
Other Terms
All other terms of your policy remain the
same
"'°Shaul
A0025 Ed. 10 -95
Printed
in U.S.A.
Endorsement
Page 1 of 1
mSt.Paul Fire and
Marine
Insurance
Co.1995 All Rights Reserved
WORKERS COMPENSATIO' 1191, EMPLOYERS LIABILITY INSURANC WLICY
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS
ENDORSEMENT -- CALIFORNIA
(The information below is required only when this endorsement is issued subsequent to preparation of the
policy.)
Endorsement Effective 09/01/2000 Policy No. 7CW 618398 -00 Endorsement No.
Insured
LG2WB ENGINEERS, INC .
DBA LINSCOTT, LAW & GREENSPAN
Insurance Company AMERICAN MOTORISTS INSURANCE COMPANY
Countersigned by
SCHEDULE
Premium
Person or Organization Job Description
THE CITY, ITS OFFICERS, AGENTS, OFFICIALS, PROFESSIONAL SERVICES AGREEMENT FOR
EMPLOYEES AND VOLUNTEERS TRAFFIC PHASING ORDINANCE STUDY
P.O. BOX 1768
NEWPORT BEACH, CA 92658 -8915
MINIMUM PREMIUM: $100
THE PREMIUM FOR THIS COVERAGE WILL BE DETERMINED AND BILLED AT AUDIT.
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce
our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you
perform work under a written contract that requires you to obtain this agreement from us.)
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the
work described in the Schedule.
The additional premium for this endorsement shall be 2.00% of the California workers compensation premium
otherwise due on such remuneration.
THIS ENDORSEMENT CHANGES THE POLICY TO WHICH IT IS ATTACHED AND IS EFFECTIVE ON THE
DATE ISSUED UNLESS OTHERWISE STATED.
WC 04 03 06 (Ed. 04 24) Printed in U.SA
A
lei
August 22, 2000
CITY COUNCIL AGENDA
APPROVED ITEM NO. 7
TO: Mayor and Members of the City Council
FROM: Public Works Department
SUBJECT: APPROVAL OF PROFESSIONAL SERVICES AGREEMENT FOR TRAFFIC
ENGINEERING SERVICES IN CONJUNCTION WITH THE TRAFFIC PHASING
ORDINANCE (TPO) STUDY FOR PHASE II CONSTRUCTION OF THE HOAG
HOSPITAL MASTER PLAN OF DEVELOPMENT
RECOMMENDATION:
Approve a Professional Services Agreement with Linscott, Law & Greenspan Engineers to
prepare a Traffic Phasing Ordinance (TPO) study for proposed construction of Phase II of the
Master Plan of Development for Hoag Memorial Hospital Presbyterian.
DISCUSSION:
It is recommended that the City retain a consulting firm to provide traffic engineering services
for the next phase of development of the Hoag Hospital campus. On May 11, 1992, an
environmental impact report and traffic study was approved by the City Council for the Master
Plan of Development of Hoag Memorial Hospital Presbyterian.
The Master Plan of Development called for three phases of construction to complete the upper
and lower campus. Hoag Hospital has completed a portion of their Phase I development and is
proposing to begin construction on a large building known as the East Tower. However,
because the proposed project would exceed the threshold on PM Peak hour trips allowed for
Phase I, a TPO Study is required for additional development to occur as Phase II.
The consulting firm of Linscott, Law & Greenspan Engineers has performed traffic studies for
numerous projects within the City in the past and is well qualified to prepare the traffic analyses
needed for this project. The attached Professional Services Agreement has a cost of $40,400
and includes details on the Scope of Work to be completed by this consultant.
Respectfully itted,
LIC WORKS DEPARTMENT
Don Webb, Director
By: d
AJ net L. Divan, P.E.
sociate Civil Engineer
Attachment: Professional Services Agreement
0
0
DRAFT
PROFESSIONAL SERVICES AGREEMENT
TRAFFIC PHASING ORDINANCE STUDY
THIS AGREEMENT, entered into this __ day of , 2000, by
and between CITY OF NEWPORT BEACH, a Municipal Corporation (hereinafter referred
to as "City'), and Linscott, Law & Greenspan Engineers, whose address is 1580
Corporate Drive, Suite 122, Costa Mesa, California 92626, (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 City.
B. City has received a request to request to initiate Phase II of the Master Plan
of Development by Hoag Memorial Hospital Presbyterian.
C. City desires to engage Consultant to prepare a Traffic Phasing
Ordinance Study for this project upon the terms and conditions contained
in this Agreement.
D. The principal member of Consultant for purpose of Project is Trissa de
Jesus Allen.
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
-1-
• •
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 day of 2000,
and shall terminate on the day of 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" 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 City. Consultant's compensation for all work
performed in accordance with this Agreement shall not exceed the total contract price of
Forty thousand,four hundred dollars and no cents ($40,400.00).
3.1 Consultant shall maintain accounting records of its billings which includes
the name of the employee, type of work performed, times and dates of all work which is
billed on an hourly basis and all approved incidental 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 City and based upon the monthly
invoices.
-2-
E
3.3 Consultant shall not receive any compensation for extra work without prior
written authorization of City. 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, or specifically approved in advance by
City. Such cost shall be limited and shall include nothing more than the following costs
incurred by Consultant:
A. The actual costs of subconsultants for performance of any of the services
which Consultant agrees to render pursuant to this Agreement which have
been approved in advance by City and awarded in accordance with the
terms and conditions of this Agreement.
B. Approved computer data processing and reproduction charges.
C. Actual costs and /or other costs and /or payments specifically authorized in
advance in writing and incurred by Consultant in the performance of 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
-3-
v
0 9
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
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
in 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
-4-
0 9
Consultant as to the details of the performance of the services or to 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 which may have jurisdiction or interest in
the work to be performed. City agrees to cooperate with Consultant on Project.
7. PROJECT MANAGER
Consultant shall assign Project to a Project Manager, who shall coordinate all
phases of Project. This Project Manager shall be available to City at all reasonable times
during term of Project. Consultant has designated Trissa de Jesus Allen to be its
Project Manager. Consultant shall not bill any personnel to Project other than those
personnel identified in Exhibit "B ", whether or not considered to be key personnel, without
City's prior written approval by name 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 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 Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants it will continuously furnish the necessary personnel to complete
Project on a timely basis as contemplated by this Agreement.
-5-
v
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 a project schedule
mutually approved by the Consultant and the City. 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 which are due to causes beyond
Consultant's reasonable control. However, in the case of any such delay in the services
to be provided for Project, each party hereby agrees to provide notice to the other party
so that all delays can be addressed.
Consultant shall begin work within 10 calendar days of the execution of this
Agreement. No work shall be performed by Consultant beyond the completion date as
stated in the approved Project Schedule without the authorization of the Project
Administrator.
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.
-6-
9. CITY POLICY
Consultant will discuss and review all matters relating to policy and project
direction with the Project Administrator in advance of all critical decision points in order to
ensure that the Project proceeds in a manner consistent with City goals and policies.
10. CONFORMANCE TO APPLICABLE REQUIREMENT
All work prepared by Consultant shall conform to applicable city, county, state and
federal 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, excepting only the
active negligence or willful misconduct of City, its officers or employees, and shall include
attorneys' fees and all other costs incurred in defending any such claim. Nothing in this
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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 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
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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 ($1,000,000.00).
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 City prompt and timely notice of claim made or suit
instituted arising out of Consultant's operation hereunder. Consultant shall also procure
and maintain, at its own cost and expense, any additional kinds of insurance, which in its
own judgment may be necessary for its proper protection and prosecution of the work.
Consultant agrees that in the event of loss due to any of the perils for which it has
agreed to provide comprehensive general and automotive liability insurance, that
Consultant shall look solely to its insurance for recovery. Consultant hereby grants to
City, on behalf of any insurer providing comprehensive general and automotive liability
insurance to either Consultant or City with respect to the services of Consultant herein, a
waiver of any right of subrogation which any such insurer of said Consultant may acquire
against City by virtue of the payment of any loss under such insurance.
14. PROHIBITION AGAINST TRANSFERS
Consultant shall not assign, sublease, hypothecate or transfer this Agreement or
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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 co- tenancy, 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
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.
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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
schedule.
B. Provide blueprinting, copying and other services through City's reproduction
company for each of the required submittals. Consultant will be required to
coordinate the required submittals with City's reproduction company. All
other reproduction will be the responsibility of Consultant and as defined
above.
C. City staff will provide usable life of facilities criteria and provide information
with regards to deficient facilities.
18. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Richard
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Edmonston 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
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 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.
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21. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other consultants in connection with Project.
22. CONFLICTS OF INTEREST
A. 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
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.
23. SUBCONSULTANT AND ASSIGNMENT
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.
24. 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.
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All notices, demands, requests or approvals from Consultant to City shall be
addressed to City at:
City of Newport Beach
3300 Newport Boulevard
P. O. Box 1768
Newport Beach, CA, 92658 -8915
(949) 644 -3344
Fax (949) 644 -3318
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Attention: Trissa de Jesus Allen
Linscott, Law & Greenspan Engineers
1580 Corporate Drive, Suite 122
Costa Mesa, CA 92626
(714) 641 -1587
Fax(714)641 -0139
25. TERMINATION
In the event either part 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 two (2) days, or if more than two (2) days are reasonably required to cure the default
and the defaulting party fails to give adequate assurance of due performance within two
(2) 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
nondefaulting party may terminate the Agreement forthwith by giving to the defaulting
party written notice thereof.
25.1 City shall have the option, at its sole discretion and without cause, of
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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 Consultant that
portion of compensation specified in this Agreement that is earned and unpaid prior to the
effective date of termination.
26. COMPLIANCES
Consultant shall comply with all laws, state or federal and all ordinances, rules and
regulations enacted or issued by City.
27. 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.
28. 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.
29. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his /her
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
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compared to contractor bids or actual cost to City.
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 Clauson
Assistant City Attorney
ATTEST:
0
LaVonne Harkless
City Clerk
CITY OF NEWPORT BEACH
A Municipal Corporation
By:
Mayor
City of Newport Beach
LINSCOTT LAW & GREENSPAN ENGINEERS
M
F:\ users \pbwAshared\agreements\fy00 -01 \hoag hospital phase II
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Trissa de Jesus Allen
E N G I N E E R S
ENGINEERS & PLANNERS • TRAFFIC, TRANSPORTATION, PARKING
1580 Corporate Drive, Suite 122 • Costa Mesa, California 92626
Phone: 714641 -1587 • Fax: 714641 -0139
June 21, 2000
Ms. Janet L. Divan, P.E.
PUBLIC WORKS DEPARTMENT
CITY OF NEWPORT BEACH
3300 Newport Boulevard,
Newport Beach, California 92658 -8915
•
SUBJECT: REVISED
PROPOSAL TO PREPARE A TRAFFIC IMPACT & PARKING STUDY
FOR THE HOAG HOSPITAL MASTER PLAN: PHASE II
Newport Beach, California
Dear Ms. Divan:
As requested, Linscott, Law & Greenspan, Engineers (LLG) is pleased to submit this proposal to
prepare a Traffic Impact & Parking Study related to the Phase II development of Hoag Hospital's
Master Plan. Based upon our meeting with you and Mr. Rich Edmonston on October 26 and
December 14, 1999, and with you on June 8, 2000, the TPO Analysis that is required for Phase II
of the Hospital's Master Plan should focus on a short-term timeframe (i.e., by the Year 2005),
rather than the long -term evaluation that has already been incorporated in the City's General
Plan. As we understand it, this long -term analysis included all three phases of the Master Plan
(Phases I, II, and III).
We are also aware that the preparation of the Traffic Impact & Parking Study for the project
should conform to the procedures outlined in the City's Traffic Phasing Ordinance (TPO) dated
July 13, 1999.
Therefore, the scope for the study will primarily identify any potential project - related traffic
impacts and possible improvements, if any, at the completion of the Master Plan's Phase 11 (i.e.,
one year after the completion of Phase II, as required by the TPO). The City's General Plan
traffic analysis model, and long -term horizon year, will not be used or "run" in the study, since
future traffic forecasts already developed by the City for cumulative project traffic will be
directly applied, and Phase II project - generated traffic will be estimated through explicit/focused-
area assignment by LLG.
Philip M. Linscott, P.E. (Rel.)
Jack M. Greenspan, P.E.
William A. Law, P.E. (Rel.)
Paul W. Wilkinson, P.E.
John P. Keating, P.E.
Du,id S. Shender, P.E.
Pasadena . 620 796 -2322 • San Diego - 619 299 -3090 • Las Vegas - 702 451 -1920 • An L(-,2W8 Company Exhibit B
• Ms. Janet Divan, P.E.
CITY OF NEWPORT BEACH
on June 21, 2000
Page 2
E N G I N E E R S
In addition, the proposed work scope includes the following primary tasks:
• Validation of the traffic generation forecasts and resultant mitigation measures associated
with Phase I. This will require traffic generation surveys of existing conditions at Hoag, so
that empirical trip rates could be developed. The surveys will be conducted at two isolated
facilities (James Irvine Surgery Center and Cancer Center), and for the entire hospital. (the
surveys were already performed by collecting daily traffic counts along 21
driveways /roadways within the campus)
• Provide very detailed and thorough discussion on "Gross Square Footage" versus "Effective
Square Footage" for the purposes of estimating traffic generation for the project
• Evaluation of up to three land use scenarios (to be developed and identified by Hoag
Hospital) as "Project Alternatives"
• Develop approximate cost estimates for mitigation measures (if any), and identify the
project's potential fair -share contribution to each physical improvement (if any)
• Review of site access and internal circulation within the project site
• Review of the parking rates developed for Phase I, and the results of the most recent Parking
Utilization Survey performed at Hoag Hospital, in order to estimate parking requirements for
Phase II
• Comment on TDM compliance for the project
SCOPE OF WORK
The methodology defined in the following sections reflect the City's requirements and our
interpretation of the study's needs.
Task 1: Project Initiation and Coordination
Along with Hoag Hospital representatives, LLG will meet with City staff to obtain a clear
understanding of the project description and objectives, and to review in detail the elements
identified in our scope of services. All issues of concern to the City will be identified and
discussed, with the study /data collection methodology confirmed during this initial meeting. Any
available relevant information such as current traffic count data, study horizon,
background/ambient traffic growth rate, list of cumulative projects, programmed roadway
improvements, and any previous traffic studies conducted in the study area will be obtained.
• 0 Ms. Janet Divan, P.E.
CITY OF NEWPORT BEACH
IN June 21, 2000
Page 3
E N G I N E E R S
Task 2: Data Collection/Existing Conditions Inventory
We will analyze the existing traffic operating conditions within the study area. Per City staffs
directions, and being consistent with the Hoag Memorial Hospital Presbyterian Master Plan
Traffic Impact and Parking Analysis prepared by LSA Associates, Inc. (dated September 27, 1991),
the following 15 intersections will be analyzed in detail:
1. Orange Street & PCH
2. Prospect Street & PCH
3. Balboa Boulevard/Superior Avenue & PCH
4. Riverside Avenue & PCH
5. Tustin Avenue & PCH
6. Dover DriveBayshore Drive & PCH
7. Bayside Drive & PCH
8. Jamboree Road & PCH
9. Newport Boulevard & Via Lido
10. Newport Boulevard & Hospital Road
11. Superior Avenue & Placentia Avenue
12. Newport Boulevard southbound `off- ramp" & PCH
13. Superior Avenue & Hospital Road
14. Hoag driveway & Hospital Road
15. Hoag driveway & PCH
LLG has obtained all recent (1998 and 1999), available peak hour traffic counts from the City at
the study intersections, and expect to receive 2000 counts soon. In addition to the 21 daily traffic
count locations within the campus, new counts were collected during the morning and afternoon
commute peak hours on a typical weekday (i.e., 7 -9 AM, 4 -6 PM) for the Hoag driveway &
Hospital Road intersection.
An inventory of existing roadway physical characteristics will be conducted for all facilities
within the study area (i.e., intersection lane configurations, widths, posted speed limit, adjacent
land use, on- street parking restrictions, etc.).
Task 3: Project Traffic Forecasts
Trip generation of hospital uses are typically estimated by applying trip generation rates
contained in the Trip Generation Manual (6th Edition, Institute of Transportation Engineers).
However, because Phase II is planned to be developed in conjunction with the restructuring of
other existing hospital facilities and operations, it is important to consider the overall effect of
these proposed changes on future project trip generation. It is equally important to validate the
trip generation rates applied to Phase I, so that their potential application to Phase II could be
determined.
1p
• • Ms. Janet Divan, P.E.
CITY OF NEWPORT BEACH
June 21, 2000
Page 4
E N G I N E E R S
Existing Traffic Generation Surveys
In order to determine the amount of vehicular traffic currently generated at the hospital, we have
collected 24 -hour traffic counts at Hoag's key driveways /intemal roadways for two weekdays.
In addition to the collection of daily traffic counts, we will work with Hoag to determine the
"user group" or person counts currently generated at the hospital. These "user group" counts will
include the number of outpatients, employees, visitors (or the number of inpatients, if the number
of visitors are not tracked), and volunteers. We will then translate these person trips to an
approximate vehicle volume using industry standards for Average Vehicle Occupancy (AVO).
The estimated volume will be adjusted to include ambulance traffic and Phase I construction
traffic, then compared to the existing traffic counts collected at each of the hospital's driveways.
This provides an appropriate validation tool for the driveway counts.
Based upon the daily traffic counts, LLG will evaluate the James Irvine Surgery Center and
Cancer Center, in order to develop empirical trip rates that would uniquely represent the
tripmaking characteristics of each medical facility. These empirical rates could then be applied
to the project.
Empirically- Derived Trip Rates for the Protect
By dividing the hospital's existing traffic generation by Hoag's size (in terms of square footage,
beds, or employees), trip rates could be derived for the project, and "isolated" project
components (i.e., James Irvine Surgery Center and Cancer Center). These empirical trip rates
will be compared to the factors applied to Phase I in the LSA study. We will get approval from
the City as to which set of trip rates would be appropriate for Phase II.
Project Traffic Generation, Distribution, and Assignment
Traffic anticipated to be generated by Phase II will be based upon the application of trip
generation rates that LLG had identified and developed with the City's approval. The project -
related traffic will be distributed and assigned to the street system based on anticipated travel
patterns to /from the site. The project - related traffic forecast and distribution pattern will be
reviewed by City staff prior to incorporating this information in the traffic report.
We will provide very detailed and thorough discussion on "Gross Square Footage" versus
"Effective Square Footage" for the purposes of estimating traffic generation for the project
Task 4: Cumulative Base Projections
The future Cumulative Base in the Year 2005 will be developed by applying an annual
background traffic growth rate to existing traffic counts and adding the trips generated by
cumulative projects. The annual background traffic growth rate and list of related projects will
be obtained from the City.
zi
• • Ms. Janet Divan, P.E.
CITY OF NEWPORT BEACH
June 21, 2000
Page 5
E N G I N E E R S
The City's General Plan traffic analysis model, and long -term horizon year, will not be used or
"run" as part of the study, since future traffic forecasts already developed by the City through
explicit/focused -area assignment of cumulative project traffic will be obtained, and directly
applied in the study.
Task 5: Traffic Impact Analysis
Using the City's TPO analysis procedure, each of the key intersections will be analyzed to
determine whether a formal analysis using the Intersection Capacity Utilization (ICU) method
will be required. If the ICU analysis is required, then detailed AM and PM peak hour level of
service analysis will be conducted for the following traffic scenarios:
• Existing (2000)
• Year 2005 Cumulative Base (one year after completion of Phase II) — which includes
background/ambient traffic growth, cumulative projects, and system -wide improvements;
without the project
• Year 2005 Cumulative Plus Project Alternative 1 (i.e., Phase II)
• Year 2005 Cumulative Plus Project Alternative 1 (i.e., Phase II), and any mitigations, if
necessary
• Year 2005 Cumulative Plus Project Alternative 2 (i.e., Phase II)
• Year 2005.Cumulative Plus Project Alternative 2 (i.e., Phase II), and any mitigations, if
necessary
• Year 2005 Cumulative Plus Project Alternative 3 (i.e., Phase II)
• Year 2005 Cumulative Plus Project Alternative 3 (i.e., Phase II), and any mitigations, if
necessary
Task 6: Project Alternatives
LLG will evaluate of up to three land use scenarios (to be developed and identified by Hoag
Hospital) as "Project Alternatives ".
Task 7: Mitigation Measure Cost Estimates, Project Fair Share Contribution, and
TDM Compliance
LLG will develop approximate cost estimates for mitigation measures (if any), and identify the
project's potential fair -share contribution to each physical improvement (if any). City staff will
be consulted on the appropriate fair -share equations to use for the project. In addition, we will
also comment on TDM compliance for the project.
Z
• • Ms. Janet Divan, P.E.
CITY OF NEWPORT BEACH
im June 21, 2000
E N G I N E E R S Page 6
Task 8: Site Access and Internal Circulation Analysis
LLG will evaluate and comment on the proposed internal circulation scheme of the project,
focusing on:
• Site access adequacy and safety (i.e., number of access points, ingress /egress operations, any
potential conflicts with adjacent driveways)
• On -site circulation design (i.e., lane geometries, traffic volumes, sight clearance, stopping
distance, throat lengths, vehicle stacking at site driveways, storage /queuing requirements)
• Building/structure layout
• Parking layout
• Transit and pedestrian connections /circulation and access
• Emergency /service /delivery truck access
Task 9: Parking Analysis
We will review the parking rates developed for Phase I, and the results of the most recent Parking
Utilization Survey performed at Hoag Hospital, in order to estimate parking requirements for
Phase I1.
Per City staff direction, the Parking Utilization Survey conducted by Hoag Hospital most recently
can be used to identify existing parking demand and characteristics. Through "practical
estimation ", as opposed to City parking code -based calculations, we will derive parking demand
ratios from the empirical data, and apply it to Phase II to estimate the future parking demand at
Hoag. The estimated demand will then be compared to the proposed parking supply to determine
any "practical" (i.e., not code -based) surplus or shortfall in parking.
We will also perform parking demand calculations for Phase II based upon the application of
parking rates per the City's Parking Code, and the rates developed for Phase I.
Task 10: Report Preparation
Our findings and recommendations developed as part of the above tasks wilt be presented in a
report, which will include all necessary tables and graphics.
We will submit a Draft Study (two copies) to you for comments, within six weeks of notice -to-
proceed. Upon receipt of comments from you, we will revise the report (if necessary), and
provide you with three bound copies and one unbound copy of the Final Report.
23
• 0 Ms. Janet Divan, P.E.
CITY OF NEWPORT BEACH
IN June 21, 2000
Page 7
E N G I N E E R S
Task 11: Meetings and Presentations
In addition to Task 1, LLG staff will attend up to 12 meetings (8 internal meetings with City
staff and Hoag Hospital representatives to discuss project - related issues, three Planning
Commission hearings, and one City Council hearing). The cost of additional meetings has not
been included in the proposed fee for this project.
COST ESTIMATE
The services outlined in this proposal will be invoiced monthly on a time and materials basis,
according to the attached Fee Schedule, or the Fee Schedule in effect when our services are
performed.
Our proposed tasks could be accomplished within an initial cost estimate of $40,400, and will not
be exceeded without your prior authorization.
The following provides a breakdown of the total cost to complete the study:
Task 1:
Project Initiation and Coordination
$400
Task 2:
Data Collection/Existing Conditions Inventory
$2,400
Task 3:
Project Trip Generation, Distribution, & Assignment
$5,800
Task 4:
Cumulative Base Projections
$2,800
Task 5:
Traffic Impact Analysis and Mitigation
$5,500
Task 6:
Project Alternatives (up to 3 alternatives)
$3,800
Task 7:
Cost Estimates, Fair - Share, TDM Compliance
$5,500
Task 8:
Site Access & Internal Circulation Analysis
$4,500
(Preferred Scenario plus 3 Alternatives)
Task 9:
Parking Analysis
$2,500
(Preferred Scenario plus 3 Alternatives)
Task 10:
Report Preparation
$1,200
Task 11:
Meetings and Presentations (12)
$6,000
TOTAL BUDGET:
$40,400
Expansion of services beyond the initial budget estimate will necessitate an increase to this
budget maximum, with the additional services performed in response to your specific request.
PROFESSIONAL LIABILITY
Should this proposal be accepted, the Client (represented by the signature below) agrees to limit
Linscott, Law & Greenspan's liability to the Client and to all Contractors and Subcontractors on
LINSCOTT
LAW &
GREENSPAN
• Ms. Janet Divan, P.E.
CITY OF NEWPORT BEACH
June 21, 2000
Page 8
the project due to Linscott, Law & Greenspan's negligent acts, errors, or omissions, such that the
total aggregate liability of Linscott, Law & Greenspan to all those named shall not exceed
$50,000.00 or Linscott, Law & Greenspan's total fee for the services rendered on this project,
whichever is greater. Please note that for the purposes of preparing contract paperwork, Linscott,
Law & Greenspan, Engineers, is a dba for LG2WB Engineers, Inc., a California corporation.
ACCEPTANCE
You may indicate acceptance of this proposal by signing in the space provided on the next page
and returning the original for our files, or by issuance of an appropriate purchase order or
consultant contract. A copy is enclosed for your files. We are ready to begin work immediately
upon receiving your notice to proceed. To the extent possible, our work will be done in
coordination with your time frame.
We appreciate the opportunity to submit this proposal and look forward to working with you on
this project. Should you need further assistance, or have any questions regarding this proposal,
please call me at (714) 641 -1587.
Very truly yours,
LINSCOTT, LAW & GREENSPAN, ENGINEERS
�JAICIz °a. ��
Trissa (de Jesu Allen
Transportation Engineer III
cc: Peri Muretta
Leif Thompson, Hoag Hospital
Randy Regier, Taylor & Associates
Attachment
P2990167 -a.doc
LINSCOTT
LAW &
GREENSPAN
E N G I N E E R S
9 Ms. Janet Divan, P.E.
CITY OF NEWPORT BEACH
June 21, 2000
Page 9
ACCEPTED FOR TASKS 1 THROUGH 11 AS OUTLINED ABOVE, NOT TO EXCEED
$40,400 WITHOUT PRIOR AUTHORIZATION
AUTHORIZING AGENT
FIRM
ADDRESS
t6
TITLE
FEDERAL ID NUMBER
DATE
1-6 TT
LAW &
GREENSPAN
Effective January 1, 2000
TITLE
Principal
Principal Engineer .................
Associate Principal Engineer
Transportation Engineers
FEE SCHEDULE
PER HOUR
............... $ 150.00
............... $ 140.00
Senior Transportation Engineer ...................................................
............................... $
120.00
Transportation Engineer III ..........................................................
............................... $
100.00
Transportation Engineer II ...........................................................
............................... $
85.00
Transportation Engineer I ............................................................
............................... $
70.00
Transportation Planners
Senior Transportation Planner .....................................................
............................... $
100.00
Transportation Planner III ............................................................
............................... $
85.00
Transportation Planner II .............................................................
............................... $
70.00
Transportation Planner I ..............................................................
............................... $
60.00
Technical Support
Engineering Associate II ..............................................................
............................... $
70.00
EngineeringAssociate I ...............................................................
............................... $
65.00
CADD Drafter /Senior Technician ...............................................
............................... $
65.00
Engineering Computer Analyst II ................................................
............................... $
65.00
CADD Drafter/ Technician ...........................................................
............................... $
60.00
Word Processor / Secretary ............................................................
............................... $
45.00
Engineering Computer Analyst I .................................................
............................... $
50.00
Engineering Technician ...............................................................
............................... $
45.00
EngineeringAide I .......................................................................
............................... $
30.00
Public Hearing support may be charged at 125% of the base rate.
Subcontractors and other project - related expenses will be billed at cost plus 15 %.
Consultation in connection with litigation and Court appearances will be quoted separately.
The above schedule is for straight time. Overtime will be charged at 1.50 times the standard hourly rates.
Interim and /or monthly statements will be presented for completed work. These will be due and payable
upon presentation unless prior arrangements are made. A finance charge of 1.5% may be charged each
month on the unpaid balance.
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