HomeMy WebLinkAboutC-3532 - Newport Heights/Cliff Haven Neighborhood Traffic Management Program (NTMP) - PSAPROFESSIONAL SERVICES AGREEMENT
FOR NEWPORT HEIGHTS /CLIFF HAVEN NEIGHBORHOOD
TRAFFIC MANAGEMENT PROGRAM
WITH KATZ, OKITSU & ASSOCIATES
THIS AGREEMENT, entered into this 1 141 day of 6t' � � , 2003, by and
between the City of Newport Beach , a Municipal Corporation (hereinafter referred to as
"City "), and Katz, Okitsu & Associates, whose address is 17852 E. 17"' Street, Suite
102, Tustin, California, 92780 -2142, (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 is planning to evaluate traffic problems in the Newport Heights and Cliff
Haven Neighborhoods.
C. City desires to engage Consultant to conduct an evaluation of traffic
conditions in the areas and propose actions to address those traffic
conditions that are deemed to be incompatible with the residential areas as
outlined in the Scope of Services attached hereto as Exhibit "A" and upon
the terms and conditions contained in this Agreement.
D. The principal member of Consultant is for purpose of this Project is Rock
Miller. P.E.
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E. City has solicited and received a proposal from Consultant, has reviewed
the previous experience and evaluated the expertise of Consultant, and
desires to contract with Consultant under the terms and conditions provided
in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
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The term of this Agreement shall commence on the 1" day of September, 2003,
and shall terminate on the 31st day of January, 2004, 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, including all reimbursable items and
subconsultant fees, shall not exceed the total contract price of Eighty-Four Thousand
Nine Hundred Ninety Dollars ($84,990.).
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
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billed on an hourly basis and all approved incidental expenses including reproductions,
computer printing, postage and mileage.
3.2 Consultant shall submit monthly progress invoices to City payable by City
within thirty (30) days of receipt of invoice, subject to the approval of City.
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. 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.
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4. STANDARD OF CARE
4.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the services required by this Agreement and that it will
perform all services in a manner commensurate with 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
to City that it has or shall obtain all licenses, permits, qualifications and approvals required
of its profession. Consultant further represents 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, acts of God, failure of City to fumish timely information or to promptly
approve or disapprove Consultant's work, delay or faulty performance by City,
contractors, or governmental agencies, or any other delays beyond Consultant's control.
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 approval for Consultant or any of Consultant's employees or agents to be the
agents or employees of City. Consultant shall have the responsibility for and control over
the details and means of performing the work provided that Consultant is in compliance
me
with the terms of this Agreement. Anything in this Agreement which may appear to give
City the right to direct Consultant as to the details of the performance of the services or to
exercise a measure of control over Consultant shall mean only that Consultant shall
follow the desires of City with respect to 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 George Dore 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 Consultant shall perform the services in accordance with the schedule specified
below. The failure by Consultant to strictly adhere to the schedule may result in
termination of this Agreement by City and 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.
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, but 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
telephone, fax, hand delivery or mail.
9. CITY POLICY
Consultant shall 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 Project proceeds in a manner consistent with City goals and policies.
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10. CONFORMANCE TO APPLICABLE LAW 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
sole 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
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
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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 for workers compensation and errors and omissions insurance, all
insurance policies shall add City, its elected officials, officers, agents, representatives and
employees as additional insureds for all liability arising from Consultant's services as
described herein.
All insurance policies shall be issued by an insurance company currently
authorized by the Insurance commissioner to transact the business of insurance in the
State of California, with an assigned policyholders' Rating of A (or higher) and Financial
size Category Class VII (or larger) in accordance with the latest edition of Bests Key
Rating guide: unless otherwise approved by the City Risk Manager. The following
policies are required:
A. Worker's compensation insurance, including a 'Waiver of Subrogation"
clause, covering all employees and principals of Consultant, per the laws of
the State of California.
B. Commercial general liability insurance original certificate and
endorsement (which includes additional insured and primary and non-
contributory wording), 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
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damage. If commercial general liability insurance or other form with a
general aggregate is used, either the general aggregate shall apply
separately to this Project, or the general aggregate limit shall be twice the
occurrence limit.
C. Commercial auto liability and property insurance, including_ additional
insured wording, 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
Fifty Thousand Dollars ($50,000).
Said policy or policies shall be endorsed to state that coverage shall not be
canceled by either party, except after thirty (30) days' prior notice has been given in
writing to City. Consultant shall give 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, Consultant
shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf
of any insurer providing workers compensation, 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
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may acquire against City by virtue of the payment of any loss under such insurance.
14. PROHIBITION AGAINST TRANSFERS
Consultant shall not assign, sublease, hypothecate or transfer this Agreement or
any of the services to be performed under this Agreement, directly or indirectly, by
operation of law or otherwise without prior written consent of City. Any attempt to do so
without consent of City shall be null and void.
The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Consultant, or of the interest of any general partner or joint
venturer or syndicate member or co- tenant if Consultant is a partnership or joint- venture
or syndicate or 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
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Consultant is waived as against Consultant and City assumes full responsibility for such
changes unless City has given Consultant prior notice and has received from Consultant
written consent for such changes.
Consultant shall, at such time and in such forms as City may require, furnish
reports concerning the status of services required under this Agreement.
16. CONFIDENTIALITY
The information, which results from the services in this Agreement, is to be kept
confidential unless City authorizes the release of information.
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, CADD plotting, 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
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with regards to deficient facilities.
D. City will prepare and provide to Consultant street base digital file in
AutoCAD (DWG) compatible format.
18. ADMINISTRATION
The Public Works Department will administer this Agreement. Tony Brine, P.E.
shall be considered the Project Administrator and shall have the authority to act for City
under this Agreement. The Project Administrator or his /her authorized representative
shall represent City in all matters pertaining to the services to be rendered pursuant to
this Agreement.
19. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement. All such records shall be
clearly identifiable. Consultant shall allow a representative of City during normal business
hours to examine, audit and make transcripts or copies of such records. Consultant shall
allow inspection of all work, data, documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment under this
Agreement.
20. WITHHOLDINGS
City may withhold payment of any disputed sums until satisfaction of the dispute
with respect to such payment. Such withholding shall not be deemed to constitute a
failure to pay according to the terms of this Agreement. Consultant shall not discontinue
work as a result of such withholding. Consultant shall have an immediate right to appeal
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to.the City Manager or his designee with respect to such disputed sums. Consultant shall
be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per
annum from the date of withholding of any amounts found to have been improperly
withheld.
21. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would have
resulted if there were not errors or omissions in the work accomplished by Consultant, the
additional design, construction and /or a restoration expense shall be bome by Consultant.
Nothing in this paragraph is intended to limit City's rights under any other sections of this
Agreement.
22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other consultants in connection with Project.
23. 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
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City for any and all claims for damages resulting from Consultant's violation
of this Section.
24. SUBCONSULTANT AND ASSIGNMENT
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred, contracted or
subcontracted without prior written approval of City.
25. NOTICES
All notices, demands, requests or approvals to be given under this Agreement
shall be given in writing and conclusively shall be deemed served when delivered
personally or on the third business day after the deposit thereof in the United States mail,
postage prepaid, first class mail, addressed as hereinafter provided.
All notices, demands, requests or approvals from Consultant to City shall be
addressed to City at:
Tony Brine, P.E.
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92658 -8915
Phone: (949) 644 -3311
Fax: (949) 644 -3318
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Attention: Rock Miller, P.E..
Katz, Okitsu & Associates
17852 E. 1 r Street, Suite 102
Tustin, CA 92780 -2142
Phone: (714) 573 -0137
Fax: (714) 573 -9534
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26. 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 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.
26.1 City shall have the option, at its sole discretion and without cause, of
terminating this Agreement by giving seven (7) days' prior written notice to Consultant as
provided herein. Upon termination of this Agreement, City shall pay to Consultant that
portion of compensation specified in this Agreement that is earned and unpaid prior to the
effective date of termination.
27. COMPLIANCES
Consultant shall comply with all laws, state or federal and all ordinances, rules and
regulations enacted or issued by City.
28. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach of the
same or any other term, covenant or condition contained herein whether of the same or a
different character.
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29. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations and
agreements of whatsoever kind or nature are merged herein. No verbal agreement or
implied covenant shall be held to vary the provisions hereon. Any modification of this
Agreement will be effective only by written execution signed by both City and Consultant.
30. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his /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
compared to contractor bids or actual cost to City.
31. COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer
or architect in responsible charge of the work. City agrees that Consultant shall not be
liable for claims, liabilities or losses arising out of, or connected with (a) the modification or
misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy
or readability of CADD data due to inappropriate storage conditions or duration; or (c) any
use by City, or anyone authorized by City, of CADD data for additions to this Project, for
the completion of this Project by others, or for any other project, excepting only such use
as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to
indemnify Consultant for damages and liability resulting from the modification or misuse of
such CADD data.
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All original drawings shall be submitted to the City in the version of AutoCAD used
by the City, in ".dwg" file format on a CD, and should comply with the City's digital
submission requirements for Improvement Plans. The City will provide AutoCad file of
City Title Sheets. All written documents shall be transmitted to the City in the City's latest
adopted version of Microsoft Word and Excel.
32. PATENT INDEMNITY
Consultant shall indemnify City, its agents, officers, representatives and
employees against liability, including costs, for infringement of any United States' letters
patent, trademark, or copyright infringement, including costs, contained in Consultant's
drawings and specifications provided under this Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the day and year first written above.
APPROVED AS TO FORM:
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By City Attorney
ATTEST:
City Clerk
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CITY OF NEWPORT
A Municipal Qorporati
By: /u.'vl
Steven Bromberg
Mayor
KATZ, OKITSU & ASSOCIATES
i� By:
Print Name: ROCK M tlley'
heights traffic- 082603.doc
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Katz, Okitsu & Associates
Traffic Engineers and Transportation Planners 0
3 - Project Approach
This section outlines how we propose to accomplish our scope of services, including standard
services, which describe the Katz, Okitsu & Associates teams' approach to providing the service
deliverables described in the UP.
TASK 0 —PROJECT INITIATION / MANAGEMENT
Project Initiation
At the onset of the project, we will meet with City staff to discuss the project, to clearly define
the proposed method of analysis, and finalize the project schedule. We will verify our approach
and any additional specific study requirements prior to any data collection. We will also discuss
current perceptions of parking issues with City staff to identify specific concerns and
recommendations. At this kick -off meeting, it is anticipated that we will receive from the City
the Following items:
• Speed surveys and traffic volume counts
• Any electronic files of base maps or aerials for the study areas
• City code /ordinance parking requirements
• Future development projects /plans for which applications have been made, and other
proposed developments of which the City is aware
Project Management
The project will be managed through correspondence, meetings, Email, telephone calls and other
management techniques utilized for study projects. The project will likely involve meetings with
key City staff. Katz, Okitsu & Associates staff will be responsible for the meeting minutes and
distribution of said minutes to all parties involved.
TASK 1 — DATA COLLECTION
Katz, Okitsu & Associates well understands that due to the scheduling
of this UP, the City will be collecting speed surveys and traffic
volume counts prior to school letting out For the summer vacation.
Even though the City is furnishing volume and speed data For the area,
we propose to do supplementary counts in September when school
starts up again to verify counts taken at this time. We anticipate that approximately 40 one -day
directional counts and eight AM/PM peak hour turning movement counts will be needed.
Prepared for the Ciry of Nempon Bench 14
REVISED Proposal for NemporiHeighis /Cliff Haven NTMP Projeci EXHIBIT "Am
Augusi 14, 2003
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"Katz, Okitsu & Associates
Tra #' c &gmn ,rs anA Transprta, ion Planners
Katz, Okitsu & Associates will also conduct license plate surveys for approximately four (4)
streets where through traffic problems must be quantified within the study area.
TASK 2 — REVIEwAND DocumENCNEARBYPROGRAms
Katz, Okitsu & Associates will review and document relevant information on neighborhood
traffic management programs in nearby neighborhoods that may be relevant to this project. This
includes activities nearby along 16`h Street and- other locations in the - neighboring cities of Irvine
and Costa Mesa that may have affected traffic conditions on roadways within the study area.
The review will summarize nearby programs, their tools and measures, their local effectiveness,
and any known effects such as diversion to study area roadways.
TASK 3 — FACILITATE CITIZEN GROUP WoRKSHOPS
Katz, Okitsu & Associates senior staff will be responsible for
facilitating and coordinating all NTMP Committee
meetings /workshops, including prepare /provide meeting
materials, displays, PowerPoint presentations, and neighborhood
informational flyers (approximately 1,000 single -sided black text
on white /colored paper tri- folded for mailing per event).
The NTMP is a community -based approach to addressing resident concerns and issues. It
empowers residents with the knowledge and tools to help solve traffic related problems that
specifically affect their neighborhood. Residents will be able to evaluate, develop and implement
innovative solutions to create safer and livable local streets through the NTMP approach.
Public outreach is an important part of this project. For the consultant team, it establishes a
better understanding of each of the neighborhoods' specific issues so that the most effective
program can be recommended. More importantly, residents become actively involved in the
process, making it truly a community based program that will result in successful NTMP projects.
The public outreach process involves citizen participation, up to six (6) general community
workshops, and follow -up City Council meetings. Workshops create an open forum to gather
residents' opinions and ideas about traffic concerns as well as an opportunity to explain to
residents a variety of innovative solutions. Public hearings are an opportunity to present the
recommended NTMP and receive final comments from the community.
We anticipate between 3 and 6 general community workshops will be held. These meetings will
schedule accordingly: beginning, during, and at the end of the project. The first set of workshops
Prepared for the City of Newport Beach 15
REVISED Proposal for Newport Heights /Cliff Haven NTMP Project
August 14, 2003
or Katz, Okitsu & Associates
Traffic Engineers and Transportation Planners
will be used for identification of study issues and to build a relationship between the Community
and the Consultant team. The second set will focus upon development of a traffic control plan
that is tailored to each community with participation by residents concerns. The final set will be
a presentation of the draft NTMP and an open discussion to listen to the residents. All
neighborhood participants will be invited to attend all workshops, however it may be advisable to
form and work with an advisory committee of residents who are most closely involved in the
project.
Katz, Okitsu & Associates senior staff will work with the City to organize the logistics of the
workshop, set the agenda, facilitate the workshop, prepare minutes and follow up with ongoing
tasks for each of the workshops.
Information about the general workshops will be disseminated through press releases, mailings,
flyer postings, e -mail and website, as appropriate.
TASK 4 — TRAFFIC ANALYSIS
Katz, Okitsu & Associates will analyze the traffic conditions in the Newport Heights /Cliff Haven
neighborhoods. The issues below will be addressed in the subsequent draft traffic report:
• 24 -hour traffic counts with speed classifications
• Count locations will be taken at known trouble spots within the community
• The volume, hours, and routes of cut - through traffic should be determined through
appropriate methods of data collection
❑ The problematic locations, as revealed through the first citizen workshop, shall be studied for
their impact on neighborhood traffic conditions.
Each of the above will be analyzed for their effect on neighborhood safety and traffic levels.
TASK $ — PEDESTRIANlYMOvFmENT ANALYSIS
Katz, Okitsu & Associates will analyze the pedestrian traffic
on streets near Newport Heights Elementary School, Ensign
Intermediate School, Newport Harbor High School, and
various parks in the neighborhood. Frequent or desirable
pedestrian movement locations will be determined based on
preliminary surveys, with a focus upon uncontrolled crossing
locations. Measures that will facilitate or enhance pedestrian
Prepared for the City of Newport Beach
REVISED Proposal for Newport Heights /Cliff Haver, ATNIP Project
August 14, 2003
M
"Katz, Okitsu & Associates
Traffic Engineers and Transportation Planners
flow or safety will be identified. Pedestrian counts will be provided at locations where the
amount of use may affect recommendations.
TASK d — GEomETRICS ANALYSIS
Katz, Okitsu & Associates will conduct a complete assessment of traffic control, parking
regulations, and roadway geometrics, which will be analyzed for their effect on traffic
movements. Roadway geometrics include:
• Street widths
• Curb radii
❑ Other physical street design features
❑ landscaping issues
The above will be examined for any possible improvements that may improve traffic conditions in
the Newport Heights /Cliff Haven neighborhoods.
TASK 7— DEVELOP REcommENDED MiTIGATioNMF- 4sUREs
After analyzing existing traffic and pedestrian conditions in the Newport Heights /Cliff Haven
neighborhoods, Katz, Okitsu & Associates and a group of neighborhood participants shall work
together to recommend mitigation measures to improve traffic safety. Mitigation measures shall
be recommended for all aspects analyzed.
Katz, Okitsu & Associates has specific experience in designing and laying out mitigation measures
and making recommendations for various neighborhoods /associations. All of the measures affect
the various problems and traffic issues that residents are
concerned about, such as:
a Speeding
❑ Traffic Volumes
• Pedestrian/Bicyclist Safety
• Reducing Vehicle Collisions
Katz, Okitsu & Associates will prepare conceptual landscape
design treatments for the various and applicable traffic calming
techniques. Some measures readily lend themselves to
landscaping and /or gateway treatments as shown in these two
photos (on the right).
Prepared for the City of Newporr Beach 97
REVISED Proposal for Newport Heights /Cliff Haven AtTMP Project
August 14, 2003
Katz, Okitsu & Associates
Traffic Engineers and Tra tspormtion Planners
Assumptions
If Katz, Okitsu & Associates recommends any temporary measures for testing, they will be
installed during a school break (spring/summer). The City Council will consider the
implementation of any recommended temporary traffic calming efforts. Subsequent to the
installation of any temporary traffic calming measures, the impact of these measures will need to
be evaluated. Temporary traffic calming measures are to remain in place for a test period of no
more than six months.
TASK 8 — REPORT PREPARATION
At the conclusion of the test period, Katz, Okitsu & Associates will submit a Draft Report for
review by City staff. After initial review, we will be available to discuss the analysis and
recommendations. The draft report will summarize the study methodology, analysis, findings,
conclusions, and recommendations. The study will include maps, tables, and graphics as needed.
The report will also prioritize the recommendations according to their benefit to the Newport
Heights /Cliff Haven community as well as provide conceptual drawings of the recommendations.
After all comments have been received, a Final Report will be submitted for review by City staff.
All word processing, spreadsheet, and graphic files will also be provided to the City for future use.
Katz, Okitsu & Associates will submit the necessary number of copies of the draft and final
report. It is assumed that approximately three copies of the draft report and 25 copies of the final
report will be required.
TASK 9 —PROJECT SUPPORT
Katz, Okitsu & Associates will be available for up to six neighborhood meetings (as discussed in
Task 3), two meetings with City staff, and two City Council meetings (as discussed in Task 10).
These meetings are necessary to develop, implement, and authorize any recommended final traffic
calming measures.
TASK 40 — PRESENTATION TO CITY COUNCIL
Study sessions will be held with City staff and the City Council. There will be opportunities to
present recommendations as well as provide a summary of the public outreach. Katz, Okitsu &
Associates team or members of the team will attend the City Council Meetings. It is anticipated
that there will be a total of four meetings or study sessions scheduled.
Prepared for the Cite of Newport Beach 18
REVISED Proposal for Newport Heights /Cliff Haven ATAQ Project
August 14, 2003
Katz, Okitsu & Asates
Traffic Engineers and Transponaeion Planners
Billing Rate Summary
TUSTIN OFFICE
Effective August 1, 2002
Classification Rate
Expert Witness Testimony $220 /hour
Firm Principal $140 /hour
Senior Transportation Engineer 1 Designer $1301hour
Senior Planner $125 1hour
Senior Signal Timing Analyst $100 /hour
Associate Engineer $95 /hour
Associate Designer /Planner $90 /hour
Assistant Transportation Engineer/ Planner $80 /hour
Junior Planner / Engineer $65 /hour
Draftsman (ink) $75 /hour
CAD Technician $55 /hour
Administrative Assistant $45 /hour
Messenger /intern $35 /hour
General Provisions
Telephone, equipment, and fax are normally included in above hourly costs. Direct expenses including mileage,
printing, blueprinting, commercial CAD plotting, subconsultant expense, issuance of specially endorsed insurance
certificate, and direct costs, are billed at cost plus 5% unless stated otherwise in the proposal. Public meetings and
public hearings are normally excluded from any proposal, but will be billed as extra work at the rates above. There
is a four -hour minimum for nighttime public hearings. Expert witness testimony in court or at depositions shall
include round trip travel door -to -door.
Annual adjustments in these fees of approximately 5% will be request for each 12 -month period following
authorization. If the governing Agency prefers a constant hourly cost for a multi-year contract, a 10% increase from
the fees indicated above will be requested.
17852E. Seventeenth Street, Suite 102 EXHIBIT "B°
Tustin, California 92780 -2142
Tel. (714) 573 -0317 * Fax: (714) 573 -9594 * w Aatzokitsuxom
0
TO: Mayor and Members of the City Council
FROM: Public Works Department
0. C 35� a
May 28, 2002
CITY COUNCIL AGENDA
ITEM NO. 10
SUBJECT: NEWPORT HEIGHTS /CLIFF HAVEN NEIGHBORHOOD
MANAGEMENT STUDY
N. X91*]iTM ►l��lbl_Xff*10
Authorize Staff to retain the services of a Traffic Engineering consultant to perform a
Neighborhood Traffic Management Study of Newport Heights and Cliff Haven.
DISCUSSION:
Residents from both the Newport Heights and Cliff Haven neighborhoods have expressed
concerns over the need to better manage traffic as it moves through that area of the City. A wide
range of issues have been identified including, traffic speeds, pedestrian concerns, cut - through
traffic and total traffic volumes. In addition, the three public schools and St. Andrews Church have
been identified by various residents as creating specific problems that they would like to have
addressed and mitigated to the extent possible.
The area of the proposed study is bounded by Coast Highway, Dover Drive, 16"' Street and
Newport Boulevard. The area is shown on the attached map.
The study will be conducted by a consultant and will include numerous community meetings to
receive input and to share possible solutions. The study will result in a report identifying the actual
traffic conditions and will make recommendations to address concerns idenfied throughout the
process.
Several consultants who perform these types of studies were contacted to determine an
appropriate budget estimate. The consensus was that an area this size would require a budget
estimated at $30,000. Funds are available in the current budget for this work and are proposed to
be carried over into FY 2002 -03.
If authorized, Staff will prepare a detailed Scope of Work with input from leaders from the two
neighborhoods. A consultant will then be retained to perform the study. It is anticipated that the
work can be started this summer and completed in late Fall. It will be important for the consultant
to observe the traffic at Newport Heights Elementary, Ensign Middle, and Newport Harbor High
School when they are back in session next September.
Respectfully submitte
PU i 5 D RT
Stephen . Badu , Director
By:
Ric and M. Edmonston, P.E.
Transportation and Development Services Manager
Attachment: Study Area Map