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HomeMy WebLinkAboutC-3568 - PSA for Reclassification of Jamboree Road from Ford Road to Bristol Streety � � y , ✓iQv PROFESSIONAL SERVICES AGREEMENT FOR RECLASSIFICATION OF JAMBOREE ROAD FROM FORD ROAD . TO BRISTOL STREET THIS AGREEMENT, entered into this/AL day.of. ' 2002, by and between the City of Newport Beach , a Municipal Corporation (hereinafter referred to as "City'), and Austin -Foust Associates, Inc., whose address is 2020 North Tustin Avenue, Santa Ana, California, 92705 -7827, (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 cant' 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 reclassify Jamboree Road from Ford Road to Bristol Street from a Major Augmented Road to a Major Road. C. City desires to engage Consultant to perform the necessary studies and analyses of future traffic conditions to evaluate the proposed reclassification upon the terms and conditions contained in this Agreement. D. The principal member for the Consultant for the purpose of Project is Terence W. Austin. E. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and -1- 1. 9 0 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: 1. TERM The term of this Agreement shall commence on the _ day of , 2002, and shall terminate on the 300' day of April 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, 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 thirty two thousand five hundred and no /100 ($32,500). 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 progress invoices to City payable by City -2- ., 0 0 within thirty (30) days of receipt of invoice. 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. 4. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under Consultants supervision. Consultant represents that it possesses the professional and technical -3- n 0 0 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 to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. If Consultant is performing inspection or construction management services for the City, the assigned staff shall be equipped with a Nextel Plus type cellular /direct connect unit to communicate with City Staff; consultant's Nextel Direct Connect I.D. Number will be provided to City to be programmed into City Nextel units, and vice versa. 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 govemmental 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 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 in 0 0 details and means of performing the work provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to 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 Terence W. Austin 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- 9 0 S. 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. Consultant shall submit a draft report within 90 calendar days of the execution of this Agreement. Consultant shall submit a final report within 180 calendar days of the execution of this Agreement. 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. 0 0 9. CITY POLICY l� u 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. 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 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 -7- 0 0 indemnity shall be construed as authorizing, any award of attomeys' 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. Insurance policies with original certificates and endorsements indemnifying Project for the following coverages shall be issued by companies admitted to do business in the State of California and assigned Best's A- VII or better rating: A. Worker's compensation insurance, including 'Wavier 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 In 0 0 single limit per occurrence for bodily injury, personal injury and property . damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this Project, or the general aggregate limit shall be twice the occurrence limit. C. Commercial auto liability and property insurance, including additional insured (and primary and non - contributory wording for waste haulers only), 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. 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, which 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 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. 93 0 0 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 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. -10- 16. CONFIDENTIALITY 0 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 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. Richard Edmonston -11- • • 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. -12- 0 • 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 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 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 -13- 6 4 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: City of Newport Beach P.O. Box 1768 3300 Newport Boulevard Newport Beach, CA, 92658 -8915 (949) 644 -3311 Fax (949) 644 -3318 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attention: Terry Austin Austin -Foust Associates, Inc. 2020 North Tustin Avenue Santa Ana, CA 92705 -7827 714 - 667 -0496 Fax: 714 -667 -7952 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 -14- 6; 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. 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. .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 -15- 61 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 CARD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All drawings shall.be transmitted to the City in the City's latest adopted version of AutoCAD in ".dwg" file format. All written documents shall be transmitted to the City in the City's latest adopted version of Microsoft Wont and Excel. 32. PATENT INDEMNITY Consultant shall indemnify City, its agents, officers, representatives and -16- 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: By. City Attorney ATTEST: B y,1 -G1-9 City Clerk CITY OF NEWPORT BEACH A Municipal Corporation By: W CONSULTANT I-) f:\users\pbw\shared\agreements\fy 02-03\austin (oust -jamboree road.doc -17- SEP_ _13 -2002 FRI 07:25 AM CAL SURANCE FAX N0, 7149391654 P. 01 /01 a.. _ Fax# CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 1 �13'®ri Dept. /Contact Received From: �5 Y 1 GNU 13 6— 0)de'y- Date Completed: % 13 —0g)_ Sent to: Q A in 0. By: ) 1 Lj Q Company/Person required to have certificate: fj'�,{ -i n Fr)t{ f Sr3C.1 A"te-C 1. GENERAL LIABILITY A. INSURANCE COMPANY: S F tDa acR -Fr r-r. V" r Q-r/ t'LR_. B. AM BEST RATING (A: VII or greater): Pr % C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? es ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? Em', E. PRODUCTS AND COMPLETED OPERATIONS (Must include): [sit Included? 5 'yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? WYes ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? NrYes El No H. CAUTION! (Confirm that loss or liability of the named Insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? 0 Yes KNo I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail: per Lauren Farley, the City will accept the endeavor wording. u. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: B. AM BEST RATING (A: VII i C. ADMITTED COMPANY (Must be Califnmia Admitted): Is Company admitted in Cal!fomia7 D, LIMITS (Must be $1M min. BI & PD and $500,000 UM): What is limits provided? E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ZYes F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? V) / ❑ Yes G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Fariey, the City will accept the endeavor wording. u M. WORKERS' COMPENSATION No (-■_m A. INSURANCE COMPANY: (Sts _ S. AM BEST RATING (A: VII or greater): V C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it !noluded7 Wyss ❑ No HAVE ALL A OVE REQUIREMENTS BEEN MET? ❑ Yes No IF O W IC T S NE D TO E OMPLETED? 0Q - bf 9i/tKe wOL= ( Vt y— su- 40Y-OQ -M On eMdo -w-4ya 7 jo 1 e SEP 10 2002 TO: Mayor and Members of the City Council FROM: Public Works Department September 10, 2002 CITY COUNCIL AGENDA ITEM NO. 7 SUBJECT: JAMBOREE ROAD RECLASSIFICATION STUDY - PROFESSIONAL SERVICES AGREEMENT WITH AUSTIN -FOUST ASSOCIATES RECOMMENDATIONS: 1. Approve a Professional Services Agreement with Austin -Foust Associates (AFA) in the amount of $32,500, and authorize the Mayor and the City Clerk to execute the Agreement. 2. Approve a Budget Amendment appropriating $2,500 to Account No. 7014 C5200701 from the unappropriated General Fund balance. DISCUSSION: During the last comprehensive update of the City's Land Use and Circulation Elements of the General Plan in 1988, Jamboree Road between Ford Road and Bristol Street was determined to require more than the existing six lanes to handle projected traffic volumes. The Master Plan of Streets and Highways is a map depicting the Circulation Element and it was revised to show this portion of Jamboree Road to be a Major Augmented Road, meaning six through lanes with eight through lanes at the signalized intersections. Several improvements have been made at intersections in this reach of Jamboree Road since the General Plan Update in 1988. A southbound left -tum lane was added on Jamboree Road at University Drive, through traffic was prohibited on Bison Avenue at Jamboree Road, and a free - right -tum lane was added to eastbound Eastbluff Drive. These improvements are not reflected in the Circulation Element and are likely to have eliminated the need for any widening to Jamboree Road. Questions have been raised by residents about the continued need to widen Jamboree Road at the signalized intersections. The Orange County Transportation Authority oversees the Master Plan of Arterial Highways (MPAH), which is the countywide equivalent of our Circulation Element. SUBJECT: JAMBOREEl�tOAD RECLASSIFICATION STUDY - WOFESSIONAL SERVICES AGREEMEN ITHAUSTIN- FOUSTASSOCIATES September 10, 2002 Page 2 The MPAH shows this segment of Jamboree Road to be a Principal (8 lane) Arterial. The AFA study will provide the necessary documentation to reclassify the road to a Major (6 lane) Arterial. The City's Circulation Element must be consistent with the MPAH in order for the City to receive Measure M funds. During the budget process, Council Member Adams requested funding to study the proposed reclassification of Jamboree Road from a Major Augmented Road to a Major Road. The City Council adopted budget contains $30,000 for this study. The proposal from AFA indicates an expected cost of $32,500 to complete the study. Staff recommends the approval of the Professional Services Agreement and the necessary Budget Amendment. Upon Council approval of the $2,500 Budget Amendment, funding will be available in the following account: Description Jamboree Road — Ford Road to Rte. 73 ,EPARTMENT , Director Richard M. Edmonston Account No. Amount 7014- C5200701 $32,500 Transportation and Development Services Manager Attachment: Professional Services Agreement E PROFESSIONAL SERVICES AGREEMENT FOR RECLASSIFICATION OF JAMBOREE ROAD FROM FORD ROAD TO BRISTOL STREETT THIS AGREEMENT, entered into this day of 2002, by and between the City of Newport Beach , a Municipal Corporation (hereinafter referred to as "City"), and Austin -Foust Associates, Inc., whose address is 2020 North Tustin Avenue, Santa Ana, California, 92705 -7827, (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 reclassify Jamboree Road from Ford Road to Bristol Street from a Major Augmented Road to a Major Road. C. City desires to engage Consultant to perform the necessary studies and analyses of future traffic conditions to evaluate the proposed reclassification upon the terms and conditions contained in this Agreement. D. The principal member for the Consultant for the purpose of Project is Terence W. Austin. E. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and -1- E E desires to contract with Consultant under the terns and 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 _ day of , 2002, and shall terminate on the 30"' day of April 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, 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 thirty two thousand five hundred and no/100 ($32,500). 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 progress invoices to City payable by City -2- within thirty (30) days of receipt of invoice. 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. 4. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under Consultants supervision. Consultant represents that it possesses the professional and technical -3- 0 0 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 to: City: that; it . has., or shall obtain, all licenses, permits, qualifications and approvals required of its profession. If Consultant is performing inspection or construction management services for the City, the assigned staff shall be equipped with a Nextel Plus type cellular /direct connect unit to communicate with City Staff, consultant's Nextel Direct Connect I.D. Number will be provided to City to be programmed into City Nextel units, and vice versa. 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 furnish 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 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 91 0 0 details and means of performing the work provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to 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 Terence W. Austin 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- 0 9 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. Consultant shall submit a draft report within 90 calendar days of the execution of this Agreement. Consultant shall submit a final report within 180 calendar days of the execution of this Agreement. 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. 51 9 9. CITY POLICY E 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. 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 -7- E P 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. Insurance policies with original certificates and endorsements indemnifying Project for the following coverages shall be issued by companies admitted to do business in the State of Califomia and assigned Best's A- VII or better rating: A. Worker's compensation insurance, including "Wavier 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 M 0 0 single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this Project, or the general aggregate limit shall be twice the occurrence limit. C. Commercial auto liability and property insurance, including additional insured (and primary and non - contributory wording for waste haulers only), 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. 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, which 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 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. M 0 E 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. Consultant shall, at such time and in such forms as City may require, furnish reports concerning the status of services required under this Agreement. -10- 0 16. CONFIDENTIALITY 0 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 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. Richard Edmonston -11- ! • 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. -12- 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 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 . 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 -13- 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..wdting:..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: City of Newport Beach P.O. Box 1768 3300 Newport Boulevard Newport Beach, CA, 92658 -8915 (949) 644 -3311 Fax (949) 644 -3318 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attention: Terry Austin Austin -Foust Associates, Inc. 2020 North Tustin Avenue Santa Ana, CA 92705 -7827 714 -667 -0496 Fax: 714 -667 -7952 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 -14- 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. 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. 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 -15- 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. All drawings shall be transmitted to the City in the City's latest adopted version of AutoCAD in ".dwg" file format. 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 -16- 0 0 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: CITY OF NEWPORT BEACH A Municipal Corporation By: City Attorney ATTEST: CONSULTANT By: By:. City Clerk f. fusers \pbwlshared\agreemerrtslfy 02 -01ausfin foust jamboree road.doc -17- 06/15/2002 15:47 7146677952 AUSTIN FOUST ASSOC • 0 ®r ®AUSf /N- fOUST'A"00 /ArM. /HC, TRAFFIC ENCINEERING AND TRANSPORTATION PLANNING 2020 NORTH TUSTIN AVENUE • SANTA ANA, CALIFORNIA 92705 -7627 August 15, 2002 City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 - 3884 ATTENTION: Mr. Rich F..dmonston SUBJECT: JAMBOREE ROAD MPAH Acar Mr. Edmonton: PAGE 02 TELEPHONE (714) 667-0496 FAX (714) 667.7952 E-mail: mailgaustlnfoiM.com Thank you for inviting Austin -Foust Associates, Inc. (AFA) to submit a proposal to cant' out a traffic study to address the Master Plan of Arterial Highways (MPAH) designation of Jamboree Road in the City of Newport Beach - The intent is to change the section of roadway between Eastbluff/Ford and Eastbluff/Univetsity from a Principle Arterial to a Major Arterial. The following outlines our overall approach and work scope to accomplish this goal and provides a cost estimate and time schedule for the work. OVERALL APPROACH To accomplish this work in a timely manner, we propose using a combination of the existing City traffic model and OCTAM 3. 1. While the current update process for the eitywidc traffic model is underway, it will not result in a certified model until early 2003. As you are aware, the current City traffic model is a "windowed" formulation from OCTAM 2.8 and would not be acceptable to the Orange County Transportation Authority (OCTA) for MPAH changes. We will therefore augment the data from that model with OCTAM 3.1 which is adequate for such analyses. The OCTAM 3.1 forecasts will provide an ADT baseline which can then be applied to the NBTAM to derive the corresponding peak hour intersection volumes. The OCTAM 3.1 approach has been used by ourselves in other jurisdictions and provides a mean of pursuing MPAH changes with eurrcntly available traffic model data. Our work effort will involve working with the OCTA as part of the cooperative process and preparing the necessary technical data for submission in support of the MPAH change. The cooperative process includes all other affected jurisdictions and involves regular meetings to discuss issues and review technical material. Scope and methodology are typically agreed upon during these meetings and then results are discussed prior to actual report submittal. With the approach proposed here, it should be possible to have the report submitted to OCTA no more than six months after commencement. Our approach also involves an active citizen participation through a series of workshops to obtain input and develop a constituency of support for the outcome. 021ambome RoadWAKdoc 06/15/2002 15:47 WORK TASKS 7146677952 AUSTIN FOUST ASSOC The following are the work tasks to be carried out for this analysis: PAGE 03 1. Traffic Data - It is assumed that the City will provide current traffic count data for intcrscetions and roadway links that will be affected by this action. At this time we anticipate a study area of around 20 intersections and 30 roadway links. Existing peak hour intersection capacity utilization (ICU) values will be determined for each of the study area intersections. 2. Future Traffic Forecasts - In this task, traffic forecasts will be developed for the study area hitersections using a combination of the City's traffic model and OCTAM 3. 1. The OCTAM 3.1 forecasts will be used to modify average daily traffic (ADT) volumes as produced by the citywide model, which in turn will be used to derive peak hour intersection forecasts for the study area intersections. The primary purpose of this two - part process is to ensure that OCTA's consistency requirements are met. Forecasts will be produced with and without the proposed action (i.e., downgrading from eight to six midblock lanes along the section of Jamboree Road under consideration). 3. Traffic Analysis - An analysis will be made of the intersection levels of service with and without the proposed action and any mitigation measures that may be necessary. 4. Traffic Report - The results will be written into a stand -alone traffic report suitable for submission to the OCTA. 5. Cooperative Process - The cooperative process as set out in OCTA's guidelines will involve meetings and work sessions with OCTA and any other entities that are part of the cooperative process. It is anticipated that four to five meetings will be needed. 6. Community Participation A series of three or four community workshops will be held throughout the study to obtain public input and share information to ensure the community has adequate involvement in the process and to gain a sense of commitment and support for the recommendations. COST ESTIMATE The estimated costs for this work are summarized in Table 1. The time frame for completion is six months from authorization to proceed. We hope this proposal addresses your needs with respect to this proposed action, and we look forward to assisting you in successfully accomplishing the objectives of this important analysis effort. Very trulyyours, Terence W. Austin ` Attachment 02Jaft&x0c 1kwdMPAH2.doc 09/03/2002 08:38 7146677952 AUSTIN FOUST SSC PAGE 03 Table 1 COST ESTIMATE COST SCHEDULE RATE HOURS COST Classification Principal $145 48 $ 6,960 Transportation Planner $105 160 16,800 Transportation Analyst $90 40 3,600 Technical /Clerical $60 80 4,800 Direct Costs $ 340 TOTAL COST BREAKDOWN BY TASK TASK 1. Traffic Data $ 1,500 TASK 2. Future Traffic Forceasts 9 000 TASK 3. Traffic Analysis 11,000 TASK 4. Traffic Report 4,500 TASK 5. Cooperative Process 4,000 TASK 6. C2E uni Partici ation LLO 0 TOTAL s Traffic co=t data (20 intersections and 30 roadway links) by City OZtambome keadMFAH2.dac .0910312002 08:38 7146677952 AUSTIN FOUST ASSOC • • ®Ar /NC. TRAFFIC ENGINEERING AND TRANSPORTATION PLANNING 2020 NORTH TUSTIN AVENUE • SANTA ANA, CALIFORNIA 92705.7627 Effective January 1, 2002 AUSTIN -FOUST ASSOCIATES, INC. STANDARD RATE SCHEDULE Ii J � I TELEPHONE: (714) 667 -0496 FAX (714) 667 -7952 E -mail: mail@austinfoust.com CATEGORY H URLY RATE Principal $145 Associate $140 Design. Engineer $105 Transportation Engineer $110 854110 Transportation Planner $95 Transportation Analyst $70-$90 Design Drafter $85 Technical/Clerical $60 Direct wonscs billed as actual costs 0 0 General Plan Advisory Committee City of Newport Beach i 1..- S: !' f_) 3300 Newport Blvd.. Newport Beach, CA 92663 '02 SEP -4 A 9 :23 Dear Committee: I am writing you to voice my opposition to further widening of Jamboree Road.0 f F C F i i { ;'j Y C L E R (, CITY (iF ii_ii' CRT B-, AN Last April my husband and I attended a meeting at Harbor High School moderated by a representative of a consultant firm providing community feedback to your committee. Many issues were discussed. One subject was the widening of Jamboree Road. After the discussion, the moderator asked for a vote on the issue. The attendees were emphatic about wanting to protect the environmental quality of our residential community. Every vote was against the widening of Jamboree Road, and the moderator placed the results of our vote under traffic congestion/problems. At the end of our meeting she summarized our main concerns as 1)John Wayne Airport, 2)Back Bay, and 3)Traffrc Problems. When we suggested that Jamboree Road was a major concern, she said that it would be included under the third category. But I feel that our genuine concern about this problem was not fully conveyed to your committee. Widening to eight lanes will compromise safety at two major intersections —the access to Eastbluff Drive from Ford Road and University Drive. During the school year hundreds of school children daily cross Jamboree Road. They walk or are driven by both adults and high school students to schools and recreational areas located in the Eastbluff area — Corona del Mar High School, Lady Queen of Angels School, Eastbluff Elementary School, The Girls and Boys Club, and Eastbluff City Park. At both of these intersections there have been fatalities and numerous accidents, many causing serious injuries. Widening the road will make it even more hazardous. Widening the road will add to the congestion at Ford Road and Eastbluff Drive. The right turn lane, constructed recently for Eastbluff Drive, has considerably eased traffic congestion. Adding another lane coming down the hill will only cause more of a bottle neck getting to the left turn lanes on San Joaquin Hills Road and the narrowing of Jamboree as it heads to the Pacific Coast Highway. People must logically accept the fact that Jamboree leads to the ocean —a dead end —and all the traffic carried on it has to merge onto other busy streets. It makes sense to maintain the gradual merge that is now in place. The Traffic Engineers have done a good job of regulating the flow and only at peak times— early morning, middle of the afternoon, and evening commute —is Jamboree congested. Many times one can enter Jamboree from Bison Street and there is not a car in sight from either direction. Furthermore, I don't believe there is any other city road in a primarily residential area of Newport Beach that is larger than 6 lanes. One section of MacArthur Blvd has a short length of 8 -lane roadway, but that section has extensive set - backs, something that would not be possible for the residential communities on both the west and east sides of Jamboree Road. The best way to maintain a strong tax base for our residential communities is to protect the safety and quality of life of our neighborhoods. This can best be accomplished by designating Jamboree Road as a six -lane thoroughfare in our new General Plan. Thank you for your consideration of my remarks. Yours truly, Nancy Jacobus 2915 Alta Vista Drive Newport Beach, CA 92660 Coy of Newport Beach . NO. BA- 011 BUDGET AMENDMENT 2002 -03 AMOUNT: $z,5oo.00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase In Budgetary Fund Balance Increase Expenditure Appropriations AND X Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations from additional estimated revenues PX from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To increase expenditure appropriations for Jamboree Road Reclassification Study. ACCOUNTING ENTRY: Amount BUDGETARY FUND BALANCE Debit Credit Fund Account Description 010 3605 General Fund Fund Balance $2,500.00 REVENUE ESTIMATES (3601) Fund/Division Account Description EXPENDITURE APPROPRIATIONS (3603) Description Division Number 7014 Miscellaneouse & Studies Account Number C5200701 Jamboree Road $2,500.00 Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Automatic System Entry. Signed: Ffi nc Approval: Administraf a Services Director Date Signed: Z. u Z Administrative App al: City Manager ate Signed: City Council Approval: City Clerk Date (My of Newport Beach � BUDGET AMENDMENT 2002 -03 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues PX from unappropriated fund balance EXPLANATION: NO. BA. 011 AMOUNT: $z,soo.00 Increase in Budgetary Fund Balance AND X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To increase expenditure appropriations for Jamboree Road Reclassification Study. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 010 3605 REVENUE ESTIMATES (3601) Fund/Division Account EXPENDITURE APPROPRIATIONS (3603) Description General Fund Fund Balance Description Services Director City �.i►n6�1, MOT®R! SEP 10 2002 Amount Debit Credit $2,500.00 " Automatic System Entry. $2,500.00 Date 0 2� ate 9 /o� a Date Description Division Number 7014 Miscellaneouse & Studies Account Number C5200701 Jamboree Road Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Services Director City �.i►n6�1, MOT®R! SEP 10 2002 Amount Debit Credit $2,500.00 " Automatic System Entry. $2,500.00 Date 0 2� ate 9 /o� a Date