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HomeMy WebLinkAboutC-3540 - Future Parking Needs in the Local Coastal Plan Coastal Zone. Contract is for $25,000.PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, entered into this 22nd day of May, 2002, by and between CITY OF NEWPORT BEACH, a Municipal Corporation (hereinafter referred to as "City "), and Meyer, Mohaddes Associates, Inc. whose address is 400 Oceangate, Suite 480, Long Beach, California, 90802 -4307, (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 intends to conduct a review of Zoning Code parking requirements, an assessment of existing parking adequacy, and forecast future parking needs in the Coastal Zone (hereinafter referred to as "Project'). C. City desires to engage Consultant to conduct professional and technical services for the Project upon the terms and conditions contained in this Agreement. D. The principal member of Consultant, are for purpose of this Project, Mr. Gary Hamrick. E. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to contract with Consultant under the terms of conditions provided in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the 22nd day of May, 2002 and shall terminate on the 15t day of June, 2003, 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, contained in attachment "A" attached hereto and incorporated herein by reference. 0 0 3. COMPENSATION TO CONSULTANT City shall pay Consultant for the services in accordance with the provisions of this Section and the scheduled billing rates, contained in the scope of services contained in attachment "A" 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 twenty -five thousand dollars ($25,000.00). The City Manager shall have the authority to authorize work beyond this amount, not to exceed 25% of the contract amount. 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 attachment "A ". 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 such approval. 3.4 City shall reimburse Consultant only for those costs or expenses that 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 sub - consultants 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. 4. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate with the community professional Professional Services Agreement Coastal Zone Parking Page 2 0 0 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 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 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 that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 7. PROJECT MANAGER . Consultant has designated Gary Hamrick to be its Principal -in- Charge. He shall coordinate all phases of the Project and be available to City at all reasonable times during the Project term Consultant shall not remove or reassign the Principal -in- Charge or assign any new or replacement person to the Project without the prior consent of City. City's approval shall not be unreasonably withheld with respect to removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of City. Professional Services Agreement Coastal Zone Parking Page 3 0 0 Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 8. TIME OF PERFORMANCE Time is of the essence in the performance of the services under this Agreement and the services shall be performed by Consultant in accordance with the schedule specified in attachment "A ". The failure by Consultant to strictly adhere to the schedule, may result in termination of this Agreement by City, and the assessment of damages against Consultant for delay. Notwithstanding the foregoing, Consultant shall not be responsible for delays that are due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 8.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition that purportedly causes a delay, and not later than the date upon which performance is due. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays, which are beyond Consultant's control. 8.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand delivery or mail. 9. CITY POLICY Consultant will discuss and review all matters relating to policy and project 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. 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. Professional Services Agreement Coastal Zone Parking Page 4 0 0 12. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all negligent acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement. This ,.ty 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 currently authorized by the Insurance Commissioner to transact 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. A. Worker's compensation insurance covering all employees and principals of Consultant, per the laws of the State of California. B. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this Project, or the general aggregate limit shall be twice the occurrence limit. Professional Services Agreement Coastal Zone Parking Page 5 0 0 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. 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 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 Except as specifically authorized under this agreement, 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 cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint-venture. 15. 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 Professional Services Agreement Coastal Zone Parking Page 6 0 0 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 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 form 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 access to, and upon request of Consultant, 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. 18. ADMINISTRATION This Agreement will be administered by the Planning Department. Patrick J. Alford, Senior Planner shall be considered the Project Administrator and shall have the authority 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 to examine, audit and make transcripts or copies of such records during normal business hours. 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 Professional Services Agreement Coastal Zone Parking Page 7 0 0 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 to the City Manager or his designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. 21. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or a restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with the Project. 23. CONFLICTS OF INTEREST A. The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making decisions that will foreseeably financially affect such interest. B. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 24. SUBCONSULTANT AND ASSIGNMENT Except as specifically authorized under this Agreement, the services included in this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. 25. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered Professional Services Agreement Coastal Zone Parking Page 8 0 0 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: City of Newport Beach ATTN: Patrick J. Alford, Senior Planner 3300 Newport Boulevard P. O. Box 1768 Newport Beach, CA, 92658 -8915 (949) 644 -3235 (Voice) (949) 644 -3229 (Fax) palford o city.newport- beach.ca.us (E -mail) All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Meyer, Mohaddes Associates ATTN: Gary Hamrick, Principal 400 Oceangate, Suite 480 Long Beach, CA 90802 -4307 (562) 432 -8484 (Voice) (562) 432 -8485 (Fax) ghamrick(cDmmausa.com (E -mail) 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 the Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. Professional Services Agreement Coastal Zone Parking Page 9 27. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 28. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 29. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the Parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 32. PATENT INDEMNITY The Consultant shall indemnify City, its agents, officers, representatives and employees against liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the day and year first written above. CITY OF NEWPORT BEACH CONSULTANT A Municipal Corporation Meyer, Mohaddes Associates, Inc. By: Homer Bludau C.ccti Ity Manager /City of Newport Beach AS TO FORM: Robin Claus 6V Assistant City Attorney i Professional Services Agreement Coastal Zone Parking Page 10 Meyer, Mohaddes Associates, Inc. May 10, 2002 Patrick Alford Senior Planner City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658 -8915 RE: LCP Parking Analysis Dear Mr. Alford, An Iteris Company RECEIVED By PLANNING DEPARTNIENT CITY OF NF'.ti'Pr) ^T PEACH AM MAY 1 3 2002 PM 71819110111112111213141518 Meyer, Mohaddes Associates would be pleased to assist the City with the Local Coastal Plan parking issues per your March 25 letter and subsequent follow -up conversations. I have developed a proposed scope of services, as outlined below. As this effort is still somewhat undefined, I assume that we may need to modify the tasks and budget once we meet and discuss the needs of the project. Please do not hesitate to call with any questions or comments as you review this letter. Task 1 — Review Zoning Code Parking Requirements /Compare to Other Cities MMA will review the City's parking code and parking- related policies and compare them to other coastal communities in the state. Items to be reviewed will include number of spaces required by type of use, provisions for shared parking, in -lieu parking allowances, public parking provisions and other elements. Areas where Newport Beach differs substantially from other coastal cities will be highlighted. Task 2 — Assess Existing Parking Adequacy and Forecast Future Parking Adequacy MMA will determine the number of current public and private parking spaces and compare the parking supply to the theoretical parking demand using code requirements and shared parking guidelines for Manner's Mile, Marine Avenue and West Newport areas as illustrated on the maps faxed by you on April 16, 2002. Specifically, MMA will review and map all existing parking spaces in each area, and show the type of parking (public and private), restrictions and fees. For Corona del Mar and the Balboa Peninsula, MMA will review and summarize the existing parking inventories from available documents /reports. MMA will then conduct a theoretical parking demand analysis for each of the three areas using land use data provided by the City. The required land use data must include building square footage by type (retail, general commercial, restaurant, theater, etc.). MMA will apply standard parking demand ratios based on City standards, ULI standards and past research conducted by our firm. Attachment A 400 Oceangate, Suite 480 • Long Beach, CA 90802 -4307 • Phone: (562) 432 -8484 • Fax: (562) 432 -6485 • Internet: www.mmausa.com Patrick Alford • • May 10, 2002 Page 2 As needed, parking occupancy counts will also be conducted. The extent of parking occupancy counts is not known at this time. After the project kick -off meeting, MMA will determine if parking occupancy data is required, and if so, will provide a separate cost estimate to conduct such studies. MMA generally subcontracts out parking occupancy data collection to a specialized data collection firm, and we would obtain fee proposals from such firms as needed. I anticipate that such an effort would be approximately $5,000 to $10,000 for the parking occupancy counts, depending on the amount of detail, number of spaces to be counted, as well as the number of hours and days to be counted. This analysis will be used to assess the adequacy of existing policies. MMA will review specific blocks or buildings that do not have their own parking supply and assess the available supply in the general vicinity. Also, MMA will meet with City planning staff to discuss the potential for future infill development and changes in use that could require parking code changes. MMA will prepare a draft technical memorandum outlining the results of our analysis and findings. We will assist the City in enhancing/modifying LCP policies related to parking to help facilitate certification. Following receipt of comments, we will prepare a final technical memorandum, and a memorandum in a format appropriate for submittal to the Coastal Commission. Meetings MMA will attend meetings with City staff and Coastal Commission staff as needed. For purposes of estimating our initial budget, we assume up to three meetings as part of the proj ect. Level of Effort: • Gary Hamrick -- 40 hours, $7,000 • Senior Transportation Planner — 80 hours, $8,000 • Transportation Planner — 120 hours, $9,000 • Direct Costs (travel parking, copies, materials, delivery, etc.)- $1,000 • Total - $25,000 • Optional Task: Parking Occupancy Counts — estimate $5,000 to $10,000, to be bid separately based on required level of effort (number of spaces to be counted, days to be counted, times of day, etc.) This level of effort could be reduced after the initial meetings if it was determined that some of the outlined services are not required. Please call me at (562) 432 -8484 with any questions. Attachment A Patrick Alford • • May 10, 2002 Page 3 I will be happy to work with you to modify the outlined approach as needed to meet the City's needs. Sincerely, Meyer, Mohaddes Associates Principal Attachment A