HomeMy WebLinkAboutC-3686 - PSA; to prepare the Newport Hills/Harbor View Neighborhood Traffic Management Program (NTMP)PROFESSIONAL SERVICES AGREEMENT
FOR NEWPORT HILLS /HARBOR VIEW NEIGHBORHOOD
TRAFFIC MANAGEMENT PROGRAM
WITH KIMLEY -HORN AND ASSOCIATES
THIS AGREEMENT is made and entered into as of this !a day of Ha�" ,
2004, by and between the City of Newport Beach, a Municipal Corporation (hereinafter
referred to as "City"), and Kimley -Horn and Associates, Inc., (a Corporation) whose
address is 2100 W. Orangewood Avenue, Suite 140, Orange, California, 92868,
(hereinafter referred to as "Consultant'), and is made with reference to the following:
RECITALS
A. City is a Municipal Corporation duly organized and validly existing under the
laws of the State of California with the power to carry on its business as it is
now being conducted under the statutes of the State of California and the
Charter of City.
B. City is planning to evaluate traffic problems in the Newport Hills and Harbor
View Neighborhoods.
C. City desires to engage Consultant to conduct an evaluation of traffic
conditions in the areas and propose actions to address those traffic
conditions that are deemed to be incompatible within the residential areas
as outlined in the Scope of Services attached hereto as Exhibit "A" and
upon the terms and conditions contained in this Agreement.
D. Consultant possesses the skill, experience, ability, background, certification,
and knowledge to provide the services described in this Agreement.
E. The principal member of Consultant for purpose of this Project is Herman
Basmaciyan, P.E.
F. City has solicited and received a proposal from Consultant, has reviewed
the previous experience and evaluated the expertise of Consultant, and
desires to retain Consultant to render professional services under the terms
and conditions set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned Parties as
follows:
TERM
The term of this Agreement shall commence on the above written date, and shall
terminate terminate on the 30th day of September 2004 unless terminated earlier
as set forth herein.
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2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached as Exhibit "A" and incorporated herein by reference. The City
may elect to delete certain tasks of the Scope of Services at its sole discretion.
3. 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
included in Exhibit A. The failure by Consultant to strictly adhere to the schedule
may result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays 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 parry hereby agrees to
provide notice to the other party so that all delays can be addressed.
3.1 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. The Project
Administrator shall review all such requests and may grant reasonable time
extensions for unforeseeable delays that are beyond Consultant's control.
3.2 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.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to- exceed
basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit "B" and incorporated herein by reference. In no
event shall Consultant's compensation exceed Eighty Seven Thousand Seven
Hundred and Eighty Four Dollars ($87,784.00) without additional authorization
from City. No billing rate changes shall be made during the term of this Agreement
without the prior written approval of City.
4.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant's bills shall include the name of
the person who performed the work, a brief description of the services
performed and /or the specific task in the Scope of Services to which it
relates, the date the services were performed, the number of hours spent
on all work billed on an hourly basis, and a description of any reimbursable
expenditures. City shall pay Consultant no later than thirty (30) days after
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approval of the monthly invoice by City staff.
4.2 City shall reimburse Consultant only for those costs or expenses specifically
approved in this Agreement, or specifically approved in advance by City.
Unless otherwise approved, such costs shall be limited and include nothing
more than the following costs incurred by Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved 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.
4.3 Consultant shall not receive any compensation for Extra Work without the
prior written authorization of City. As used herein, "Extra Work' means any
work that is determined by City to be necessary for the proper completion of
the Project, but which is not included within the Scope of Services and
which the parties did not reasonably anticipate would be necessary at the
execution of this Agreement. Compensation for any authorized Extra Work
shall be paid in accordance with the Schedule of Billing Rates set forth in
Exhibit B.
4.4 Notwithstanding any other provision
made by City equal 90% of the
Agreement, no further payments shall
final work under this Agreement.
5. PROJECT MANAGER
of this Agreement, when payments
maximum fee provided for in this
be made until City has accepted the
Consultant shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable times
during the Agreement term. Consultant has designated Serine Ciandella to be its
Project Manager. Consultant shall not remove or reassign the Project Manager or
any personnel listed in Exhibit A or assign any new or replacement personnel to
the Project without the prior written consent of City. City's approval shall not be
unreasonably withheld with respect to the 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.
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Consultant warrants that it will continuously fumish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Antony
Brine, P.E. shall be 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.
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in
Consultant's work schedule.
B. Provide blueprinting and other services through City's reproduction
company for bid documents. Consultant will be required to
coordinate the required bid documents with City's reproduction
company. All other reproduction will be the responsibility of
Consultant and as defined above.
C. Provide usable life of facilities criteria and information with regards to
new facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the services required by this
Agreement, and that it will perform all services in a manner commensurate
with community professional standards. All services shall be performed by
qualified and experienced personnel who are not employed by City, nor
have any contractual relationship with City,
8.2 Consultant represents and warrants to City that it has or shall obtain all
licenses, permits, qualifications, insurance and approvals of whatsoever
nature that are legally required of Consultant to practice its profession.
Consultant further represents and warrants to City that Consultant shall, at it
sole cost and expense, keep in effect or obtain at all times during the term
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of this Agreement, any and all licenses, permits, insurance and other
approvals that are legally required of Consultant to practice its profession.
Consultant shall maintain a City of Newport Beach business license during
the term of this Agreement..
8.3 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
fumish timely information or to approve or disapprove Consultant's work
promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents
and employees (collectively, the "Indemnified Parties) from and against any and
all claims (including, without limitation, claims for bodily injury, death or damage
to property), demands, obligations, damages, actions, causes of action, suits,
losses, judgments, fines, penalties, liabilities, costs and expenses (including,
without limitation, attorney's fees, disbursements and court costs) of every kind
and nature whatsoever (individually, a Claim; collectively, "Claims'), to the extent
arising from or in any manner relate (directly or indirectly) to the negligent acts,
errors, or omissions of the Consultant in the performance of services provided
under this Agreement (including, without limitation, defects in workmanship or
materials and /or design defects [if the design originated with Consultant]) or
Consultant's presence or activities conducted on the Project (including the
negligent and /or willful acts, errors and /or omissions of Consultant, its principals,
officers, agents, employees, vendors, suppliers, consultants, subcontractors,
anyone employed directly or indirectly by any of them or for whose acts they may
be liable or any or all of them).
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
active negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any
action on or to enforce the terms of this Agreement. This indemnity shall apply to
all claims and liability regardless of whether any insurance policies are applicable.
The policy limits do not act as a limitation upon the amount of indemnification to be
provided by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City.. The manner and means of
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conducting the work are under the control of Consultant, except to the extent they
are limited by statute, rule or regulation and the expressed terms of this
Agreement. Nothing in this Agreement shall be deemed to constitute approval for
Consultant or any of Consultant's employees or agents, to be the agents or
employees of City. Consultant shall have the responsibility for and control over the
means of performing the work, provided that Consultant is in compliance with the
terms of this Agreement. Anything in this Agreement that may appear to give City
the right to direct Consultant as to the details of the performance or to exercise a
measure of control over Consultant shall mean only that Consultant shall follow the
desires of City with respect to the results of the services.
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.
CITY POLICY
Consultant shall discuss and review all matters relating to policy and project
direction with the City's Project Administrator in advance of all critical decision
points in order to ensure the Project proceeds in a manner consistent with City
goals and policies.
PROGRESS
Consultant is responsible for keeping 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.
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, a policy or policies of liability insurance of the
type and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of insurance
with original endorsements to City as evidence of the insurance coverage
required herein. Insurance certificates must be approved by City's Risk
Manager prior to commencement of performance or issuance of any permit.
Current certification of insurance shall be kept on file with City at all times
during the term of this Agreement.
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B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. II insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
the business of insurance in the State of California, with an assigned
policyholders' Rating of A (or higher) and Financial Size Category Class VII
(or larger) in accordance with the latest edition of Bests Key Rating guide,
unless otherwise approved by the City Risk Manager.
D. Coverage Requirements.
1. Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Consultant shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with the
laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non - renewal of all Workers'
Compensation policies must be received by City at least thirty (30)
days prior to such change. The insurer shall agree to waive all rights
of subrogation against City, its officers, agents, employees and
volunteers for losses arising from work performed by Consultant for
City.
2. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal injury
and property damage, including without limitation, contractual
liability. If commercial general liability insurance or other form with a
general aggregate limit is used, either the general aggregate limit
shall apply separately to the work to be performed under this
Agreement, or the general aggregate limit shall be at least twice the
required occurrence limit.
3. Automobile Liability Coverage. Consultant shall maintain automobile
insurance covering bodily injury and property damage for all activities
of the Consultant arising out of or in connection with work to be
performed under this Agreement, including coverage for any owned,
hired, non -owned or rented vehicles, in an amount not less than one
million dollars ($1,000,000) combined single limit for each
occurrence.
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4. Professional Errors and Omissions Insurance. Consultant shall
maintain professional errors and omissions insurance, which covers
the services to be performed in connection with this Agreement, in
the minimum amount of One Million Dollars ($1,000,000).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with
respect to liability arising out of work performed by or on behalf of the
Consultant.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents,
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to the City. Any insurance maintained by City, including any
self- insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents, and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed officers,
officials, employees, agents, and volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled or reduced in coverage or in limits, by either party,
except after thirty (30) days' written notice has been received by City.
G. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
H. Additional Insurance. 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.
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15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred, contracted or
subcontracted out without prior written approval of City. Any of the following shall
be construed as an assignment:
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. 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.
16. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of
Consultant. Assignments of any or all rights, duties or obligations of the
Consultant under this Agreement will be permitted only with the express written
consent of City. Consultant shall not subcontract any portion of the work to be
performed under this Agreement without the written authorization of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents "), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon written request.
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 against Consultant and City assumes full responsibility for
such changes unless City has given Consultant prior notice and has received from
Consultant written consent for such changes.
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Consultant shall, at such time and in such forms as City may require, furnish
reports concerning the status of services required under this Agreement.
18. 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 original drawings shall be submitted to the City in the version of AutoCAD used
by the City, in ".dwg" file format on a CD, and should comply with the City's digital
submission requirements for Improvement Plans. The City will provide AutoCad
file of City Title Sheets. All written documents shall be transmitted to the City in the
City's latest adopted version of Microsoft Word and Excel.
19. CONFIDENTIALITY
All documents, including drafts, preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes the release of information.
20. 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.
21. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers,
representatives and employees against liability, including costs, for infringement of
any United States' letters patent, trademark, or copyright infringement, including
costs, contained in Consultant's drawings and specifications provided under this
Agreement.
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22. RECORDS
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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 and any
services, expenditures and disbursements charged to City, for a minimum period
of three (3) years, or for any longer period required by law, from the date of final
payment to Consultant to 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 regular 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.
23. WITHHOLDINGS
City may withhold payment of any disputed sums until satisfaction of the dispute
with respect to such payment. Such withholding shall not be deemed to constitute
a failure to pay according to the terms of this Agreement. Consultant shall not
discontinue work as a result of such withholding. Consultant shall have an
immediate right to appeal 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 return that City earned on its investments during the time
period, from the date of withholding of any amounts found to have been improperly
withheld.
24. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what
would have resulted if there were not errors or omissions in the work
accomplished by Consultant, the additional design, construction and /or
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.
25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other consultants in connection with Project.
26. CONFLICTS OF INTEREST
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 any financial interest that may foreseeably be materially affected by the
work performed under this Agreement, and (2) prohibits such persons from
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making, or participating in making, decisions that will foreseeably financially affect
such interest.
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.
NOTICES
All notices, demands, requests or approvals to be given under the terms of 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:
Antony Brine, P.E.
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92658 -8915
Phone: (949) 644 -3311
Fax: (949) 644 -3318
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Attention: Serine Ciandella
Kimley -Horn and Associates, Inc.
2100 W. Orangewood Avenue, Suite 140
Orange, CA 92868
Phone: (714) 939 -1030
Fax: (714) 939 -9488
TERMINATION
In the event that either party fails or refuses to perform any of the provisions of this
Agreement at the time and in the manner required, that parry shall be deemed in
default in the performance of this Agreement. If such default is not cured within a
period of two (2) calendar days, or if more than two (2) calendar days are
reasonably required to cure the default and the defaulting party fails to give
adequate assurance of due performance within two (2) calendar days after receipt
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of written notice of default, specifying the nature of such default and the steps
necessary to cure such default, the non - defaulting parry may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provision, City shall have the right, at its sole discretion
and without cause, of terminating this Agreement by giving seven (7) calendar
days' prior written notice to Consultant. In the event of termination under this
Section, City shall pay Consultant for services satisfactorily performed and costs
incurred up to the effective date of termination for which Consultant has not been
previously paid. On the effective date of termination, Consultant shall deliver to
City all reports and other information developed or accumulated in the
performance of this Agreement, whether in draft or final form.
29. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes, ordinances,
regulations and requirements of all governmental entities, including federal, state,
county or municipal, whether now in force or hereinafter enacted. In addition, all
work prepared by Consultant shall conform to applicable City, county, state and
federal laws, regulations and permit requirements and be subject to approval of
the Project Administrator and City.
30. 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.
31. 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.
32. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement and
the Scope of Services or any other attachments attached hereto, the terms of this
Agreement shall govern.
33. AMENDMENTS
This Agreement may be modified or amended only by a written document
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executed by both Consultant and City and approved as to form by the City
Attomey.
34. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
35. CONTROLLING LAW AND VENUE
The laws of the State of Califomia shall govem this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be adjudicated
in a court of competent jurisdiction in the County of Orange.
36. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
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 Attorney
ATTEST:
Ci Clerk
CITY OF NEWPORT BEACH
A Municipal Corporation
By:
Tod W. Ridgewa
Mayor
KIMLEY -HORN AND ASSOCIATES
Print Name:
f: \users\pbMsharedragreements \fy 0304 \kimley- hom- newport hills traffic- D12704.doc
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V. PrOjeCt Approach
li7troduction
The City of Newport Beach has solicited proposals to develop a
Neighborhood Traffic Management Program for the Newport Hills and Harbor
View communities. The purpose of the study is to evaluate existing traffic
conditions in the Newport Hills and Harbor View neighborhoods,. to identify
traffic issues and concerns, and to develop recommended mitigation
measures to address those issues and concerns. Focus areas include
speeding on the perimeter collector streets, unsafe speeds on the sharp turns
of the internal horseshoe streets, sight distance issues at cross streets on
Newport Hills Drive East and West, pedestrian safety issues around the
school and parks, and traffic and parking intrusion ,into the neighborhoods
around the sports park.- '
The project will involve substantial interaction with the,City.of Newport Beach
staff, members of the "NTMP Committee,. residents of the neighborhoods, and
the City Council. The following scope of work has been developed to be fully
responsive to the Request for Proposal dated December 3,'2003.
Task 1= Do, a Collection
Kimley -Horn will develop and conduct a data collection program. Selected
speed, traffic volume, and pedestrian data 1s available from the City; and will
become part of the database. for this project. It is proposed that prior to the
data collection effort, a neighborhood meeting be held to allow residents to
share their issues and concerns. The scope and'locations of data collection
will depend on the traffic concerns and issues identified at this meeting.
The analysis may-include, but not be limited to, directional ADT counts, peak
hour counts, vehicle speed classification, peak hour and school hour manual
pedestrian and vehicle counts; and parking counts on'residential streets
adjacent to park and recreational uses. All data compiled will be organized by
data type and date in a tabbed NTMP notebook.
ask 2 - Fcciflia = Ci*2,7 Group - Workshops
Kimley -Horn will be responsible for,preparing for, facilitating, and coordinating
NTMP Committee meetings and workshop activities (up to four each). For
community workshops, we will prepare all presentation materials, including
hand outs, and PowerPoint presentations.
Exhibit A
T0770M.03 V. Project Approach -Page 1
Copyright ®2003, ICmley -Hom andAssoaates, Inc.. ❑MM1 ,
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If meeting notices are to be mailed to residents, it is assumed that Kimley-
Horn will develop and mail out the notice, including purchasing postage, but
that the City will provide mailing labels, City letterhead, and envelopes. Up to
four mailings (1,200 each mailing) are assumed.
` Task 3 — Traffic Anaiyvsis
Traffic conditions in the neighborhoods will be analyzed for their current
conditions. Vehicle speeds will be measured and quantified through speed
classification counts at the key problem spots in the neighborhood.. Speeds
will be reported in terms of average speed, 10 -mile pace, and 85`" percentile
speed. Observations will be conducted on Port Seabourne Way near the
school to evaluate the effectiveness of the traffic calming measures already .
implemented at the pedestrian crossing (speed humps and street narrowing).
Sight distance studies will be conducted at trouble spots along Newport Hills
Drive East and West. We will coordinate with City staff to determine what
sight distance criteria are preferred by the City (i.e., County of Orange,
" Caltrans, AASHTO, or other). Photos will be taken at the study locations to
supplement the measurements.
Parking counts and observations will be conducted to determine whether or
not neighborhood parking intrusion is occurring as a result of the recreational.,
and sports uses at the Bonita Canyon Sports Park. In order to accomplish this
task, we will need to coordinate with the City and the operators of the sports
park to schedule counts on event and non -event days.
Observations will be conducted on the internal horseshoe streets to determine
the extent of the problem with - unsafe speeds on the 90- degree turns.
Other issues identified during the citizen workshops will be studied for their
impacts on neighborhood traffic conditions.
Task -4 — 'mss! s;r >tfn ?via ar nt Ana ?ysis
Analysis of pedestrian traffic will be focused on the streets near Anderson
Elementary School. In particular, pedestrian movements across Port
Seabourne Way will be studied. We will also rely on recent data collected by
the City of Newport Beach on.Port Seabourne Way for their crossing guard
evaluation. Pedestrian access to both the Nature Park and. the .B.onita Canyon
Sports Park will also be analyzed. Existing crosswalks and other measures
designed to facilitate pedestrian movements will be documented.
V. Project Approach - Page 2
0�EJ Ed ftsoclabs Yw
1
,
Observations will be conducted on the internal horseshoe streets to determine
the extent of the problem with - unsafe speeds on the 90- degree turns.
Other issues identified during the citizen workshops will be studied for their
impacts on neighborhood traffic conditions.
Task -4 — 'mss! s;r >tfn ?via ar nt Ana ?ysis
Analysis of pedestrian traffic will be focused on the streets near Anderson
Elementary School. In particular, pedestrian movements across Port
Seabourne Way will be studied. We will also rely on recent data collected by
the City of Newport Beach on.Port Seabourne Way for their crossing guard
evaluation. Pedestrian access to both the Nature Park and. the .B.onita Canyon
Sports Park will also be analyzed. Existing crosswalks and other measures
designed to facilitate pedestrian movements will be documented.
V. Project Approach - Page 2
0�EJ Ed ftsoclabs Yw
•
0
Our extensive ` Roadway geometrics, including street widths, curb radii, medians and
traffic calming dividers, road chokers, lane allocations, etc. will be analyzed to determine if
g ' existing geometrics have an impact on traffic movements. If appropriate,
experence recommendations for modifications to existing geometrics to improve traffic
ensures that we ? conditions will be presented.
� J
)' ;f :� — ✓ °y_ °i�Il is c'!L ",T.�cTI,': q: :'z`; ?F', °Ci��; L:7 ;�'� °�,^"u: "dS
After collecting traffic data and analyzing existing traffic and pedestrian
conditions, a follow -up neighborhood workshop will be held with the NTMP
Committee. Results of the data collection and analysis will be presented,
along with a menu of potential mitigation measures. Residents will be asked
to provide their input on the acceptability of various mitigation measures. If
mitigation measures are identified, they will be presented to City Council for
consideration and approval.
If traffic calming measures are implemented, then appropriate follow -up
studies will need to be conducted to evaluate the effectiveness of the
measure. For example, if the problem is speeding, and the mitigation
measure selected is speed humps, then follow -up speed studies will need to
be conducted in the vicinity of the humps after they have been in place for
three or four months. A follow -up workshop or resident survey should also be
conducted to get feedback from the residents about the mitigation measures.
The process of implementation and follow -up evaluation would be a separate
authorization, depending on the final recommendations, and is not included in
the scope of this project.
A Final Report will be prepared to present the results of the data collection
and analysis, and to present the findings and recommendations of the NTMP
Committee based on the technical analysis. A prioritization system will be
developed, and recommended mitigation measures will be ranked, based on
relative benefit to the community. Ranking criteria will be developed with input
from City staff and the NTMP Committee, and could include issues such as:
severity of the problem or issue being mitigated, number of people or homes
benefited or affected, safety benefit vs, quality of life benefit, cost to
implement, and others.
If appropriate, detailed conceptual drawings and preliminary cost estimates of
the recommended measures will be prepared.
T0770022.03 V. Project Approach - Page 3
Copyright (P2003, Kble)AHom andAssociates, Inc. CI=❑ and k
0
Kimley -Horn will participate in up to four meetings with City staff and the
NTMP Committee. We will prepare for and make presentations at up to four
neighborhood meetings and two City Council meetings. In addition, regular
communication with City staff by phone and e -mail will help make this project
a success.
Kimley -Horn will present the preliminary analysis reports, the detailed
conceptual drawings, and the final NTMP recommendations to City Council.
The following page contains our proposed project schedule followed by
Kimley- Horn's exceptions to the City's Standard Professional Services
Agreement.
T0770022.03 V. Project Approach - Page 4
Copydght 02003, Kmley -Hom andAssociates, Inc. Hun
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CITY OF NEWPORT BEACH
NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM
Kunley -Horn & Associates, Inc.
Hourly Billing Rates by Personnel Classification
Personnel
Hourly Rate
Pro ectMana er
$152.00
Principal- in- Cha a
$190.00
ScniorEngineer
$130.00
Transportation Anal st
$100.00
Assistant Engineer
$87.00
Tech / Clerical
$75.00
EXHIBIT B
• C RD CERTIFICAT F LIABILITY INSURA E
I DAB
THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.
03/OS/200d
PRODUCER
ABERCROMBIE INSURANCE AGENCY, INC.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P. O. BOX 5857
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
(904) 396 -4404
JACKSONVILLE FL 32247 -5857
GENERAL LIABILITY
INSURED
INSURER A. TRAVELERS PROPERTY CASUALTY INS COMPANY
INSURER B: A.M. BEST RATING "A + +"
KnhJLEY -HORN AND ASSOCIATES, INC.
INSURER C:
P O BOX 33068
INSVRER D:
(919) 677 -2000
INSURER E
RALEIGH NC 27636 -3068
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY
REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,
THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.
AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
POLICY NUMBER
POQCYEFFECTIVE
DATE MMIDDIYY
POLICYEXPIRATK)N
DATE MWDDIYY
LIMITS
•
GENERAL LIABILITY
P- 630 - 315X3476 - TIL -03
09/01/2003
09/01/2004
EACH OCCURRENCE
$ 1,000,000
FIRE DAMAGE (My me fire)
$ 500,000
X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE X OCCUR
/ /
/ /
MED EXP Any one person
$ 5,000
PERSONAL$ ADV INJURY
$ 1,000,000
GENERAL AGGREGATE
$ 2,000,000
GENL AGGREGATE LIMIT APPLIES PER
PRODUCTS - COMPIOP AGG
$ 2,000,000
X POLICY JECT LOC
•
AUTOMOBILE
LIABILITY
P- 810- 171L6115— TIL -03
09/01/2003
09/01/2004
COMBINED SINGLE LIMIT
X
ANY AUTO
(Ea accident)
$ 1,000,000
BODILY INJURY
ALLOWNEDAUTOS
/ /
/ /
SCHEDULED AUTOS
(Per Person)
$
BODILY INJURY
X
HIRED AUTOS
/ /
/ /
X
NON -0WNED AUTOS
(Per accident)
$
PROPERTY DAMAGE
X
(Per aoclE nt)
$
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
S
OTHER THAN EA ACC
S
ANY AUTO
/ /
/ /
$
AUTO ONLY: AGO
EXCESS LIABILITY
EACH OCCURRENCE
$
OCCUR � CLAIMS MADE
AGGREGATE
S
S
$
DEDUCTIBLE
/ /
/ /
$
RETENTION $
A
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
836GB78 -3 -03
09/01/2003
09/01/2004
X TORY LIMTITS ER
E.L. EACH ACCIDENT
$ 500,000
E.L. DISEASE - EA EMPLOYEES
500,000
E.L. DISEASE - POLICY LIMIT
S 500,000
OTHER
DESCRIPTION OF OPERATIONS ILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
PROJECT: SAC— NEWPORT HILLS /HARBOR VIEW NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM. SPECIAL ENDORSEMENTS ATTACHED.
CERTIFICATE HOLDER I X I ADDITIONAL NSURED: INSURER LETTER: _A_ CANCELLATION
ACORD 25S (7197) dal�?�O CORPORATION 7988
1*>M INS025S (9910).01 ELECTRONIC LASER FORMS, G - (8 132 -0595 Pete I of 2
SHOULD ANY OF THE ABOVE
DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF,
THE ISSUING INSURER WILL XK020MXU MAIL
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
CITY OF NEWPORT BEACH
XO<XtY1Hl1ptY171Q04157(WMlOftfE
ATTN: SHAUNA OYLER
AUTHORIZED 01 RESENTAT
P O BOX 1768
NEWPORT BEACH CA 92658-
ACORD 25S (7197) dal�?�O CORPORATION 7988
1*>M INS025S (9910).01 ELECTRONIC LASER FORMS, G - (8 132 -0595 Pete I of 2
COVERAGE PART NUMBER: P- 630- 3iSX3476- TIL -03 • COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS
(FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule,
but only with respect to liability arising out of "your work" for that insured by or for you.
SCHEDULE
NAME OF PERSON OR ORGANIZATION:
THE CITY OF NEWPORT BEACH, ITS ELECTED OR APPOINTED
OFFICERS, OFFICIALS, EMPLOYEES, AGENTS & VOLUNTEERS
REF: SAC - NEWPORT HILLS/HARBOR VIEW NEIGHBORHOOD TRAFFIC
MANAGEMENT PROGRAM
CG2010 (ED. 11 -85)
0 0
POLICY NUMBER: P- 810 - 1711,6115- TIL-03
THE ENDORSEMENT CHANGES THE POLICY. PLEASE READ CAREFULLY.
ADDITIONAL INSURED
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
BUSINESS AUTO
It is agreed that the "Who Is An Insured" provision is amended to include as an insured the person or
origination designated below as an additional insured, subject to the following provisions:
1. This insurance applies only with respect to any Liability arising out of the operation of covered autos
on the additional insureds premises described below;
2. The Named Insured is authorized to act for such additional insured in all matters pertaining to this
insurance, including receipt of notice of cancellation;
3. Return premium, if any, shall be paid to the Named Insured;
4. Nothing contained herein shall affect any right of recovery as a claimant which the additional insured
would have it not designated as such.
Name of Person or Organization: THE CITY OF NEWPORT BEACH, ITS ELECTED
OR APPOINTED OFFICERS, OFFICIALS, EMPLOYEES,
AGENTS& VOLUNTEERS
PROJECT: SAC - NEWPORT HILLS/HARBOR VIEW NEIGHBORHOOD TRAFFIC
MANAGEMENTPROGRAM
WORKERS COMPENSAPON AND EMPLOYERS LIABILITAISURANCE POLICY
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce
our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you
perform work under a written contract that requires you to obtain this agreement from us.)
This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
SCHEDULE
THE CITY OF NEWPORT BEACH, ITS ELECTED OR APPOINTED OFFICERS,
OFFICIALS, EMPLOYEES, AGENTS & VOLUNTEERS
PROJECT: SAC - NEWPORT HILLS/HARBOR VIEW NEIGHBORHOOD TRAFFIC
MANAGEMENT
The premium for this endorsement is $ NIL
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
(The information below is required only when this endorsement is issued subsequent to preparation of
the policy).
Endorsement Effective 09/01/03 Policy No. 836G878 -3 -03 Endorsement No.
Insured Kimley -Horn and Associates, Inc.
insurance Company Travelers Property Casualty
Countersigned by - 'e
WC000313 (6 -93)
GENERAL ENDORSEMENT
In consideration of an additional premium of NA it is hereby understood and agreed that the
following applies.
[X } ADDITIONAL INSURED
THE CITY-OF NEWPORT BEACH, ITS ELECTED OR APPOINTED OFFICERS,
OFFICIALS, EMPLOYEES, AGENTS & VOLUNTEERS
Are Additional Insureds as respects to work done by Named Insured for project described in certificate
attached hereto.
[X ] PRIMARY COVERAGE
It is agreed that any insurance maintained by the Consultant pursuant to this agreement shall be
primary.
[X ] WAIVER OF SUBROGATION
It is understood and agreed that the Company waives the right of subrogation against the above
Additional Insureds for project described in certificate attached hereto.
[ X] CROSS LIABILITY CLAUSE
The naming of more than one person, firm or corporation as insureds under this policy shall not, for
that reason alone, extinguish any rights of one insured against another, but this endorsement, and the
naming of multiple insureds, shall not increase the total liability of the Company under this policy.
[X ] NOTICE OF CANCELLATION
It is understood and agreed that in the event of cancellation of the policy for any reason other than non-
payment of premium, 30 days written notice will be sent to the following by mail:
CITY OF NEWPORT BEACH
P. O. BOX 1768
NEWPORT BEACH, CA 92658
In the event the policy is cancelled for non - payment of premium, 30 days written notice will be sent to
the above.
Policy No. P- 630 - 315X3476- TIL -03 Effective Date: 9/1/2003
Insurance Company: Travelers Property Casualty
Issued to: Kimley -Horn & Associates, Inc.
r �' se Issue Date: 03/05/04
utho - ed Representative
0 0
'-'EcElvr--f.
MAN
"ac WCHKS 0
Client #: 660269
RnKIMI FHOR1
ACORD- CERTIFICAID OF
INSURANCE '
LIABILITY
031041 04
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
BUT Insurance Services, Inc.
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
7823 National Service Road
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
LIMITS
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
2nd Floor
Greensboro, NC 27419
INSURERS AFFORDING COVERAGE
NAIC #
INSURED
INSURERA: Lexington Insurance Co.
PAC.
Kimley -Horn and Associates, Inc.
Attn: Mindy Zen!
INSURER B:
E
PO Box 33068
INSURER C:
DAMAGE TO RENTED
PRFM
Raleigh, NC 27636
INSURER D:
CLAIMS MADE ❑ OCCUR
INSURER E:
MED EXP (Any one person)
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR
IIINSR
TYPE OF INSURANCE
POLICY NUMBER
CY EFFECTIVE
DATE MM
POLICY EXPIRATION
DATE EXPIRATION
LIMITS
GENERAL IJABILJTY
EACH OCCURRENCE
E
COMMERCIAL GENERAL LABEL"
DAMAGE TO RENTED
PRFM
$
CLAIMS MADE ❑ OCCUR
MED EXP (Any one person)
E
PERSONAL B ADV INJURY
E
GENERAL AGGREGATE
E
GENT AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMPIOP AGG
E
POLICY PRO LOC El
AUTOMOBILE
LIABILITY
ANY AUTO
COMBINED SINGLE LIMIT
(Ea accident)
$
BODILY INJURY
(Pef person)
S
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY
(Per accident)
S
HIREDAUTOS
NON -OWNED AUTOS
PROPERTY DAMAGE
(Per accident)
S
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EA ACC
$
ANY AUTO
$
AUTO ONLY: AGG
EXCESSIUMBRELLA LIABILITY
EACH OCCURRENCE
E
OCCUR FI CLAIMS MADE
AGGREGATE
E
E
S
DEDUCTIBLE
$
RETENTION $
WORKERS COMPENSATION AND
I WCSTATU- OTH-
EMPLOYERS' LIABILITY
ANY PROPRIETORIPARTNER/EXECUTIVE
E.L. EACH ACCIDENT
b
E.L. DISEASE - EAEMPLOYE
E
OFFICERIMEMBER EXCLUDED?
H yes, descdbe under
SPECIAL PROVISIONS below
E.L. DISEASE - POLICY LIMIT
E
A
OTHER Professional
9838770
12/09103
12/09104
$1,00,000 each claim
Liability
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Newport Hills /Harbor View Neighborhood Traffic Management Program
City of Newport Beach
Att: Shauna Oyler
P O Box 1768
Newport Beach, CA 92658
ANY OF THE
BE CANCELLED BEFORE THE EXPIRATION
THEREOF, THE ISSUING INSURER WILLxXXR MAIL -I0_ DAYS WRITTEN
TO THE CERTIFICATE HOLDER NAMED TO THE LEFr
AUTHORIZED
ACORD 25 (2001108) 1 of 2 #S10919221M1032251 JCO / V ACORD
0
I-
6-1
-IECEIVEf
aia WORKS DEVA41 , WNI
FAX N0.
MAR -09 -2004 TUE 03111 PM
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
P. O1
This chorldist Is comprised of requirements as outlined by tho City of Newport Beach.
Date Received: _ _ s� (.) LL Dept.10ontect Received From: .Sj1Q CRir o_
Date Cgrnpletrd: ?,'w4l" O Sent to: _� ±1-� Q lt�y p. By: r� ^L �G_�(cc �-
Company(Person roauirad to have certificate: `1-
1. G&NERAL LIABILITY
,St *_
A. INSURANCE COMPANY: "� -CO .____S�_ „_� �1/
B, AM BEST RATING (A: VII or greater): �_ l
C. ADMITTED Company (Must be California Admitted):
Is Company admitted in California? IYes ❑ No
U. I.IMItS (Must be $1M or greater): What is limit provided? j I
G. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? Yes C] No
F, ADDI110NAL INSURED WORDING TO INCLUDE (The City its
officers, officials, employees and volunteers): Is it included? 01Yes ❑ No
G, PRIMARY & NON - CONTRIBUTORY WORDING (Must be included):
Is it included? kl�es 0 No
K CAUTION! (Confirm that loss or liability of the named insured is not
limited solely by their negligence) Does endorsement include "solely by
negligence” wording? ❑ Yes kNo
1. 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.
If. AUTONIOBILE LIAB'II -17Y
A. INSUi2ANCE COMPANY: _ _ jLA_Q C;,,�P� j_�Yz
13. AM BEST RATING (A: VII or greater); _0L.1 •j"
C. ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California? es [] No
D. LIMITS (Must be $1M min. BI & PD and $500,000 UM): What is limits provided?
E. ADDITIONAL INSURER WORDING TO INCLUDE (The City its
otficor6, officials, employees and volunteers): is it included? (wYes ❑ No
F. PRIMARY & NQN- CONTRIBUTORY WORDING (For Waste Haulers only): /� /�
Is it included? ' t! ❑ Yes ❑ No
G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of
e;vncoliation by certified mail; per Lauren Farley, the City will accept the endeavor wording.
111. WORKF..RS' COMPENSATION
A. INSURANCE COMPANY: ,_Y,0,V 0 P 1
13. AM BEST RATING (A: VII or greater): -
C. LIMITS: Stntutory
D, WAIVER OF SUBROGATION (To include): Is it included? Xy_ Yes ❑ No
ff&VE ALL "OVE REQUIREMENTS BEEN MET? es ❑ No
IP NQ WHICH ITEMS NEED TO 13C COMPLETED? ��_
•
• M.
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
February 10, 2004
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Antony Brine, P.E.
949 - 644 -3311
tbrine@city.newport-beach.ca.us
SUBJECT: NEWPORT HILLS /HARBOR VIEW NEIGHBORHOOD TRAFFIC
MANAGEMENT PROGRAM - APPROVAL OF PROFESSIONAL SERVICES
AGREEMENT WITH KIMLEY -HORN AND ASSOCIATES
RECOMMENDATION:
Approve a Professional Services Agreement with Kimley -Horn and Associates, of Orange,
California, for preparing the Newport Hills /Harbor View Neighborhood Traffic Management
Program (NTMP) at a contract price of $87,784.00 and authorize the Mayor and City Clerk
to execute the Agreement.
BACKGROUND
• A Neighborhood Traffic Management Program (NTMP) is being proposed for the Newport
Hills and .Harbor View neighborhoods based on a number of separate requests and
concerns received over the past few months from residents, educators, and Councilman
Heffernan. A Resolution from the Board of Directors of the Community Associations of both
neighborhoods, requesting the City investigate traffic calming measures, was received by
Public Works last December. A separate petition was received requesting speed humps be
installed on Port Weybridge Place and Port Provence Place to increase the safety of
children living in the immediate area. The Principal at Andersen Elementary School
requested a crossing guard study be completed for Port Seaboume Way and has expressed
concerns with other traffic issues at or near the school. Councilman Heffernan has indicated
his concerns for the safety of pedestrians crossing Newport Hills Drive to the Nature Park
and requested funds in the current budget to address those concerns. Residents have also
indicated concerns for pedestrian access to the new Bonita Canyon Sports Park. Other
residents have contacted staff with more general concerns of speeding along Newport Hills
Drive East and West and limited sight distance at some intersections. These numerous and
varied issues lead to the proposed NTMP for Newport Hills and Harbor View as a way to
comprehensively consider all of these issues.
DISCUSSION:
Three firms were invited to submit proposals to provide engineering services for the
NTMP. All three firms responded to the City's request for proposals:
. • Kimley -Horn and Associates
• Wifidan
• Austin -Foust Associates, Inc.
SUBJECT: Newport HillslHarborI Neighborhood Traffic Management Program — A*l of Professional Services Agreement
With s h Kimley -Horn & i dates
February 10, 2004
Page 2
The proposals were independently reviewed to evaluate each firm's qualifications, past •
experience on similar projects, and availability before ranking Kimley -Hom and Associates
the highest. Upon selection, staff negotiated with Kimley -Horn and Associates to provide
the necessary scope of services for a fee of $87,784.00. This firm has completed
engineering services competently and professionally on similar projects for other local
agencies in Southern California.
The scope of engineering professional services will include:
Data Collection — Kimley -Horn will develop and conduct a data collection program.
Selected speed, traffic volume, and pedestrian data are available from the City, and
will become part of the database for the project. The data to be collected may
include, but not be limited to, directional ADT counts, peak hour counts, vehicle
speed classification, peak hour and school hour manual pedestrian and vehicle
counts, and parking counts on residential streets adjacent to park and recreational
uses.
Facilitate Citizen Group Workshops — Kimley -Horn will be responsible for
preparing for, facilitating, and coordinating NTMP Committee meetings and
workshop activities (up to four). It is anticipated that in addition to the
neighborhood -wide meetings, there will be a Committee formed comprising of
representatives from the two homeowner associations and Anderson School.
Traffic Analysis — The consultant will evaluate all of the data collected. •
Observations will be conducted on Port Seabourne near the school to evaluate the
effectiveness of the existing traffic calming measures. Sight distance studies will be
conducted along Newport Hills Drive East and West. Parking counts and
observations will be conducted to determine if neighborhood parking intrusion is
occurring as a result of the uses at the Bonita Canyon Sports Park. Observations
will also be conducted on the internal horseshoe streets to determine the extent of
the problem with unsafe speeds on the 90- degree turns.
Pedestrian Movement Analysis — Analysis of pedestrian traffic will focus on the
streets near Andersen Elementary School, in particular on Port Seabourne Way.
Pedestrian access to both the Nature Park and the Bonita Canyon Sports Park will
also be analyzed.
Geometric Analysis — Roadway geometries including street widths, curb radii,
medians and dividers, road chokers, lane allocations, etc. will be analyzed to
determine if existing geometries have an impact on traffic movements.
Recommend Mitigation Measures — At a neighborhood workshop, results of the
data collection and analysis will be presented along with a menu of potential
mitigation measures. The measures could include signing, striping, geometric
changes, as well as other methods that have proven to be effective in addressing
neighborhood traffic concerns.
Final Report Preparation — A Final Report will be prepared to present the results •
of the data collection and analysis, and to present the findings and
recommendations based on the technical analysis. The project is scheduled for
completion with a presentation to the City Council in September, 2004.
SUBJECT: Newport Hills/Harbor eighborhood Traffic Management Program — App
with Kimley -Horn & A of Professional Services Agreement
ses
February 10, 2004
Page 3
. Funding Availability:
Funds for this project are available in the following account:
Account Description Account Number Amount
Gas Tax 7181- C5200407 $87,784.00
Environmental Review:
Not Applicable at this time.
Prepared by:
Antony Brine, P.E.
Principal Engineer
Attachment: Professional Services Agreement
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PROFESSIONAL SERVICES AGREEMENT •
FOR NEWPORT HILLS /HARBOR VIEW NEIGHBORHOOD
TRAFFIC MANAGEMENT PROGRAM
WITH KIMLEY -HORN AND ASSOCIATES
THIS AGREEMENT is made and entered into as of this day of
2004, by and between the City of Newport Beach , a Municipal
Corporation (hereinafter referred to as "City"), and Kimley -Hom and Associates, (a
Corporation) whose address is 2100 W. Orangewood Avenue, Suite 140, Orange,
California, 92868, (hereinafter referred to as "Consultant "), and is made with reference to
the following:
RECITALS
A. City is a Municipal Corporation duly organized and validly existing under the
laws of the State of California with the power to carry on its business as it is
now being conducted under the statutes of the State of California and the
Charter of City.
B. City is planning to evaluate traffic problems in the Newport Hills and Harbor
View Neighborhoods.
C. City desires to engage Consultant to conduct an evaluation of traffic
conditions in the areas and propose actions to address those traffic
conditions that are deemed to be incompatible within the residential areas
as outlined in the Scope of Services attached hereto as Exhibit "A" and
upon the terms and conditions contained in this Agreement.
D. Consultant possesses the skill, experience, ability, background, certification,
and knowledge to provide the services described in this Agreement.
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E. The principal member of Consultant for purpose of this Project is Herman
Basmaciyan, P.E.
F. City has solicited and received a proposal from Consultant, has reviewed
the previous experience and evaluated the expertise of Consultant, and
desires to retain Consultant to render professional services under the terms
and conditions set forth 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 16th day of February, 2004, and shall
terminate on the 30th day of September, 2004, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of Services
attached as Exhibit "A" and incorporated herein by reference. The City may elect to delete
certain tasks of the Scope of Services at its sole discretion.
3. 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 included in Exhibit
A. The failure by Consultant to strictly adhere to the schedule may result in termination of
this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays due to
causes beyond Consultant's reasonable control. However, in the case of any such delay
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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.
3.1 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. The Project Administrator shall review all
such requests and may grant reasonable time extensions for unforeseeable delays that
are beyond Consultant's control.
3.2 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.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to- exceed basis in •
accordance with the provisions of this Section and the Schedule of Billing Rates attached
hereto as Exhibit "B" and incorporated herein by reference. In no event shall Consultant's
compensation exceed Eighty-seven thousand, seven - hundred and eighty-four
Dollars ($ 87,784.00) without additional authorization from City. No billing rate changes
shall be made during the term of this Agreement without the prior written approval of City.
4.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the work, a brief description of the services performed and/or the specific
task in the Scope of Services to which it relates, the date the services were performed,
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. the number of hours spent on all work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after
approval of the monthly invoice by City staff.
4.2 City shall reimburse Consultant only for those costs or expenses specifically
approved in this Agreement, or specifically approved in advance by City. Unless
otherwise approved, such costs shall be limited and include nothing more than the
following costs incurred by Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this Agreement,
which have been approved in advance by City and awarded in accordance
with this Agreement.
B. Approved 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.
4.3 Consultant shall not receive any compensation for Extra Work without the
prior written authorization of City. As used herein, "Extra Work" means any work that is
determined by City to be necessary for the proper completion of the Project, but which is
not included within the Scope of Services and which the parties did not reasonably
anticipate would be necessary at the execution of this Agreement. Compensation for any
authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates set
forth in Exhibit B.
4.4 Notwithstanding any other provision of this Agreement, when payments
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made by City equal 90% of the maximum fee provided for in this Agreement, no further
payments shall be made until City has accepted the final work under this Agreement.
5. PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of the
Project. This Project Manager shall be available to City at all reasonable times during the
Agreement term. Consultant has designated Serine Ciandella to be its Project Manager.
Consultant shall not remove or reassign the Project Manager or any personnel listed in
Exhibit A or assign any new or replacement personnel to the Project without the prior
written consent of City. City's approval shall not be unreasonably withheld with respect to
the 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.
Consultant warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Antony Brine,
P.E. shall be 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.
7. CITY'S RESPONSIBILITIES
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In order to assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to, where applicable:
A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's work
schedule.
B. Provide blueprinting and other services through City's reproduction
company for bid documents. Consultant will be required to coordinate the
required bid documents with City's reproduction company. All other
reproduction will be the responsibility of Consultant and as defined above.
C. Provide usable life of facilities criteria and information with regards to
new facilities or facilities to be rehabilitated.
0 8. STANDARD OF CARE
8.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the services required by this Agreement, and that it will
perform all services in a manner commensurate with community professional standards.
All services shall be performed by qualified and experienced personnel who are not
employed by City, nor have any contractual relationship with City.
8.2 Consultant represents and warrants to City that it has or shall obtain all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that are
legally required of Consultant to practice its profession. Consultant further represents and
warrants to City that Consultant shall, at it sole cost and expense, keep in effect or obtain
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at all times during the term of this Agreement, any and all licenses, permits, insurance
and other approvals that are legally required of Consultant to practice its profession.
Consultant shall maintain a City of Newport Beach business license during the term of
this Agreement.
8.3 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.
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend, and hold
harmless City, its City Council, boards and commissions, officers, agents and employees
(collectively, the "Indemnified Parties ") from and against any and all claims (including,
without limitation, claims for bodily injury, death or damage to property), demands,
obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties,
liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements
and court costs) of every kind and nature whatsoever (individually, a Claim; collectively,
"Claims "), which may arise from or in any manner relate (directly or indirectly) to any work
negligently performed or services provided under this Agreement (including, without
limitation, defects in workmanship or materials and /or design defects [if the design
originated with Consultant]) or Consultant's presence or activities conducted on the
Project (including the negligent and /or willful acts, errors and /or omissions of Consultant,
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. its principals, officers, agents, employees, vendors, suppliers, subcontractors, anyone
employed directly or indirectly by any of them or for whose acts they may be liable or any
or all of them).
Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to
indemnify the Indemnified Parties from any Claim arising from the active negligence or
willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed
as authorizing any award of attorney's fees in any action on or to enforce the terms of this
Agreement. This indemnity shall apply to all claims and liability regardless of whether any
insurance policies are applicable. The policy limits do not act as a limitation upon the
amount of indemnification to be provided by the Consultant.
10. INDEPENDENT CONTRACTOR
• It is understood that City retains Consultant on an independent contractor basis and
Consultant is not an agent or employee of City. The manner and means of conducting the
work are under the control of Consultant, except to the extent they are limited by statute,
rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement
shall be deemed to constitute approval for Consultant or any of Consultant's employees
or agents, to be the agents or employees of City. Consultant shall have the responsibility
for and control over the means of performing the work, provided that Consultant is in
compliance with the terms of this Agreement. Anything in this Agreement that may appear
to give City the right to direct Consultant as to the details of the performance or to
exercise a measure of control over Consultant shall mean only that Consultant shall
follow the desires of City with respect to the results of the services.
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11. 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.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and project direction with
the City's Project Administrator in advance of all critical decision points in order to ensure
the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping 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.
14. 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
tern of this Agreement, a policy or policies of liability insurance of the type and amounts
described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of insurance with
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• original endorsements to City as evidence of the insurance coverage required herein.
Insurance certificates must be approved by City's Risk Manager prior to commencement
of performance or issuance of any permit. Current certification of insurance shall be kept
on file with City at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its behalf
shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact the business of
insurance in the State of California, with an assigned policyholders' Rating of A (or higher)
and Financial Size Category Class VII (or larger) in accordance with the latest edition of
Bests Key Rating guide, unless otherwise approved by the City Risk Manager.
• D. Coverage Requirements.
1. Workers' Compensation Coverage. Consultant shall maintain Workers'
•
Compensation Insurance and Employers Liability Insurance for his or her
employees in accordance with the laws of the State of California. In
addition, Consultant shall require each subcontractor to similarly maintain
Workers' Compensation Insurance and Employer's Liability Insurance in
accordance with the laws of the State of California for all of the
subcontractor's employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least thirty (30)
days prior to such change. The insurer shall agree to waive all rights of
subrogation against City, its officers, agents, employees and volunteers for
losses arising from work performed by Consultant for City.
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2. General Liability Coverage. Consultant shall maintain commercial general •
liability insurance in an amount not less than one million dollars
($1,000,000) per occurrence for bodily injury, personal injury and property
damage, including without limitation, contractual liability. If commercial
general liability insurance or other form with a general aggregate limit is
used, either the general aggregate limit shall apply separately to the work to
be performed under this Agreement, or the general aggregate limit shall be
at least twice the required occurrence limit.
3. Automobile Liability Coverage. Consultant shall maintain automobile
insurance covering bodily injury and property damage for all activities of the
Consultant arising out of or in connection with work to be performed under
this Agreement, including coverage for any owned, hired, non -owned or
rented vehicles, in an amount not less than one million dollars ($1,000,000) •
combined single limit for each occurrence.
4. Professional Errors and Omissions Insurance. Consultant shall maintain
professional errors and omissions insurance, which covers the services to
be performed in connection with this Agreement, in the minimum amount of
One Million Dollars ($1,000,000).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with
respect to liability arising out of work performed by or on behalf of the
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• Consultant.
ii. This policy shall be considered primary insurance as respects
to City, its elected or appointed officers, officials, employees, agents,
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to the City. Any insurance maintained by City, including any
self- insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
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iii. This insurance shall act for each insured and additional
insured as though a separate policy had been written for each,
except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its
elected or appointed officers, officials, employees, agents, and
volunteers.
V. Any failure to comply with reporting provisions of the policies
shall not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents, and volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled or reduced in coverage or in limits, by either party,
except after thirty (30) days' written notice has been received by City.
G. Timely Notice of Claims Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from Consultant's
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performance under this Agreement.
H. Additional Insurance. 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.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be provided under
this Agreement shall not be assigned, transferred, contracted or subcontracted out
without prior written approval of City. Any of the following shall be construed as an
assignment:
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.
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.
16. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of Consultant.
Assignments of any or all rights, duties or obligations of the Consultant under this
Agreement will be permitted only with the express written consent of City. Consultant
shall not subcontract any portion of the work to be performed under this Agreement
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• without the written authorization of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing produced
(hereinafter "Documents "), prepared or caused to be prepared by Consultant, its officers,
employees, agents and subcontractors, in the course of implementing this Agreement,
shall become the exclusive property of City, and City shall have the sole right to use such
materials in its discretion without further compensation to Consultant or any other party.
Consultant shall, at Consultant's expense, provide such Documents to City upon written
request.
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 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, fumish
reports conceming the status of services required under this Agreement.
18. COMPUTER DELIVERABLES
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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 original drawings shall be submitted to the City in the version of AutoCAD used
by the City, in ".dwg" file format on a CD, and should comply with the City's digital
submission requirements for Improvement Plans. The City will provide AutoCad file of
City Title Sheets. All written documents shall be transmitted to the City in the City's latest
adopted version of Microsoft Word and Excel.
19. CONFIDENTIALITY
All documents, including drafts, preliminary drawings or plans, notes and communications
that result from the services in this Agreement, shall be kept confidential unless City
authorizes the release of information.
20. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his /her judgment
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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.
21. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and 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.
22. 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 and any services, expenditures and
disbursements charged to City, for a minimum period of three (3) years, or for any longer
period required by law, from the date of final payment to Consultant to 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 regular
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.
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23. WITHHOLDINGS
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City may withhold payment of any disputed sums until satisfaction of the dispute with
respect to such payment. Such withholding shall not be deemed to constitute a failure to
pay according to the terms of this Agreement. Consultant shall not discontinue work as a
result of such withholding. Consultant shall have an immediate right to appeal 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 return that City earned on its
investments during the time period, from the date of withholding of any amounts found to
have been improperly withheld.
24. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would have
resulted if there were not errors or omissions in the work accomplished by Consultant, the
additional design, construction and /or 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.
25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other consultants in connection with Project.
26. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the California
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• Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any
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.
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.
27. NOTICES
All notices, demands, requests or approvals to be given under the terms of 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:
Antony Brine, P.E.
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92658 -8915
Phone: (949) 644 -3311
Fax: (949) 644 -3318
All notices, demands, requests or approvals from City to Consultant shall be addressed to
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Consultant at: •
Attention: Serine Ciandella
Kimley -Hom and Associates, Inc.
2100 W. Orangewood Avenue, Suite 140
Orange, CA 92868
Phone: (714) 939 -1030
Fax: (714) 939 - 9488
28. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of this
Agreement at the time and in the manner required, 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) calendar days, or if more than two (2) calendar days are reasonably required to cure
the default and the defaulting party fails to give adequate assurance of due performance
within two (2) calendar days after receipt of written notice of default, specifying the nature
of such default and the steps necessary to cure such default, the non - defaulting party .
may terminate the Agreement forthwith by giving to the defaulting party written notice
thereof.
Notwithstanding the above provision, City shall have the right, at its sole discretion and
without cause, of terminating this Agreement by giving seven (7) calendar days' prior
written notice to Consultant. In the event of termination under this Section, City shall pay
Consultant for services satisfactorily performed and costs incurred up to the effective date
of termination for which Consultant has not been previously paid. On the effective date of
termination, Consultant shall deliver to City all reports and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
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• 29. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes, ordinances,
regulations and requirements of all governmental entities, including federal, state, county
or municipal, whether now in force or hereinafter enacted. In addition, all work prepared
by Consultant shall conform to applicable City, county, state and federal laws, regulations
and permit requirements and be subject to approval of the Project Administrator and City.
30. WAIVER
A waiver by either party of any breach, of any term, covenant or condition contained
herein shall not be deemed to be a waiver of any subsequent breach of the same or any
other term, covenant or condition contained herein, whether of the same or a different
• character.
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31. 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.
32. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement and the
Scope of Services or any other attachments attached hereto, the terms of this Agreement
shall govern.
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33. AMENDMENTS .
This Agreement may be modified or amended only by a written document executed by
both Consultant and City and approved as to form by the City Attorney.
34. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
35. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters relating to
it and any action brought relating to this Agreement shall be adjudicated in a court of
competent jurisdiction in the County of Orange.
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36. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not discriminate
against any subcontractor, employee or applicant for employment because of race,
religion, color, national origin, handicap, ancestry, sex or age.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the
day and year first written above.
APPROVED AS TO FORM:
By:
City Attorney
ATTEST:
By:
City Clerk
CITY OF NEWPORT BEACH
A Municipal Corporation
By:
Tod Ridgeway
Mayor
KIMLEY -HORN AND ASSOCIATES
By:
Print Name:
f: \users\pbw\shared\agreements \fy 03- 04\Kmley -Hom- Newport Hills Traffic -012704.doc
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V. Project Approach
IntraducWon
Kimley -Nom's
The City of Newport Beach has solicited proposals to develop a Neighborhood
systematic
Traffic Management Program for the Newport Hills and Harbor View
approach ensures 1
communities. The purpose of the study is to evaluate existing traffic conditions
in the Newport Hills and Harbor View neighborhoods, to identify traffic issues
that your project
and concerns, and to develop recommended mitigation measures to address
will be competed
those issues and concerns. Focus areas include speeding on the perimeter
collector streets, unsafe speeds on the sharp turns of the internal horseshoe
on time and w7th7n. -
streets, sight distance issues at cross streets on Newport Hills Drive East and
bud et `.
West, pedestrian safety issues around the school and parks, and traffic and
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parking intrusion into the neighborhoods around the sports park.
The project will involve substantial interaction with the City of Newport Beach
staff, members of the NTMP Committee, residents of the neighborhoods, and
the City Council. The following scope of work has been developed to be fully
responsive to the Request for Proposal dated December 3, 2003.
Task I — Data Collection
Kimley -Horn will develop and conduct a data collection program. Selected
speed, traffic volume, and pedestrian data is available from the City; and will
become part of the database for this project. It is proposed that prior to the
data collection effort, a neighborhood meeting be held to allow residents to
share their issues and concerns. The scope and locations of data collection
will depend on the traffic concerns and issues identified at this meeting.
The analysis may include, but not be limited to, directional ADT counts, peak
hour counts, vehicle speed classification, peak hour and school hour manual
pedestrian and vehicle counts, and parking counts on residential streets
adjacent to park and recreational uses. All data compiled will be organized by
data type and date in a tabbed NTMP notebook.
Task2 — Facilitate Citizen Group Workshops
Kimley -Horn will be responsible for preparing for, facilitating, and coordinating
NTMP Committee meetings and workshop activities (up to four each). For
community workshops, we will prepare all presentation materials, including
hand outs, and PowerPoint presentations.
If meeting notices are to be mailed to residents, it is assumed that Kimley-
Horn will develop and mail out the notice, including purchasing postage, but
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EXHIBIT A
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that the City will provide mailing labels, City letterhead, and envelopes. Up to
four mailings (1,200 each mailing) are assumed.
Task 3— TrofficAnalysis
Traffic conditions in the neighborhoods will be analyzed for their current
conditions. Vehicle speeds will be measured and quantified through speed
classification counts at the key problem spots in the neighborhood. Speeds
will be reported in terms of average speed, 10 -mile pace, and 85`" percentile
speed. Observations will be conducted on Port Seabourne Way near the
school to evaluate the effectiveness of the traffic calming measures already
implemented at the pedestrian crossing (speed humps and street narrowing).
Sight distance studies will be conducted at trouble spots along Newport Hills
Drive East and West. We will coordinate with City staff to determine what sight
distance criteria are preferred by the City (i.e., County of Orange, Caltrans,
AASHTO, or other). Photos will be taken at the study locations to supplement
the measurements.
. Parking counts and observations will be conducted to determine whether or
not neighborhood parking intrusion is occurring as a result of the recreational
and sports uses at the Bonita Canyon Sports Park. In order to accomplish this
task, we will need to coordinate with the City and the operators of the sports
park to schedule counts on event and non -event days.
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Observations will be conducted on the internal horseshoe streets to determine
the extent of the problem with unsafe speeds on the 90- degree turns.
Other issues identified during the citizen workshops will be studied for their
impacts on neighborhood traffic conditions.
Task 4 — Pedestrian Movement Analysis
Analysis of pedestrian traffic will be focused on the streets near Anderson
Elementary School. In particular, pedestrian movements across Port
Seabourne Way will be studied. We will also rely on recent data collected by
the City of Newport Beach on Port Seabourne Way for their crossing guard
evaluation. Pedestrian access to both the Nature Park and the Bonita Canyon
Sports Park will also be analyzed. Existing crosswalks and other measures
designed to facilitate pedestrian movements will be documented.
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After collecting traffic data and analyzing existing traffic and pedestrian
conditions, a follow -up neighborhood workshop will be held with the NTMP
Committee. Results of the data collection and analysis will be presented,
along with a menu of potential mitigation measures. Residents will be asked to
provide their input on the acceptability of various mitigation measures. If
mitigation measures are identified, they will be presented to City Council for
consideration and approval.
If traffic calming measures are implemented, then appropriate follow -up
studies will need to be conducted to evaluate the effectiveness of the
measure. For example, if the problem is speeding, and the mitigation measure
selected is speed humps, then follow -up speed studies will need to be
conducted in the vicinity of the humps after they have been in place for three
or four months. A follow -up workshop or resident survey should also be
conducted to get feedback from the residents about the mitigation measures.
The process of implementation and follow -up evaluation would be a separate
authorization, depending on the final recommendations, and is not included in
the scope of this project.
Task 7— Report Preporotion
A Final Report will be prepared to present the results of the data collection
and analysis, and to present the findings and recommendations of the NTMP
Committee based on the technical analysis. A prioritization system will be
developed, and recommended mitigation measures will be ranked, based on
relative benefit to the community. Ranking criteria will be developed with input
from City staff and the NTMP Committee, and could include issues such as:
severity of the problem or issue being mitigated, number of people or homes
benefited or affected, safety benefit vs. quality of life benefit, cost to
implement, and others.
If appropriate, detailed conceptual drawings and preliminary cost estimates of
the recommended measures will be prepared.
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Tasks— Geomehicsslnaiysls
Our extensive
Roadway geometrics, including street widths, curb radii, medians and
traffic calming
dividers, road chokers, lane allocations, etc. will be analyzed to determine if
existing geometrics have an impact on traffic movements. If appropriate,
experience
recommendations for modifications to existing geometrics to improve traffic
ensures that we
conditions will be presented.
understand the
Task 6— Develop Recommended MiNgadon Measures
After collecting traffic data and analyzing existing traffic and pedestrian
conditions, a follow -up neighborhood workshop will be held with the NTMP
Committee. Results of the data collection and analysis will be presented,
along with a menu of potential mitigation measures. Residents will be asked to
provide their input on the acceptability of various mitigation measures. If
mitigation measures are identified, they will be presented to City Council for
consideration and approval.
If traffic calming measures are implemented, then appropriate follow -up
studies will need to be conducted to evaluate the effectiveness of the
measure. For example, if the problem is speeding, and the mitigation measure
selected is speed humps, then follow -up speed studies will need to be
conducted in the vicinity of the humps after they have been in place for three
or four months. A follow -up workshop or resident survey should also be
conducted to get feedback from the residents about the mitigation measures.
The process of implementation and follow -up evaluation would be a separate
authorization, depending on the final recommendations, and is not included in
the scope of this project.
Task 7— Report Preporotion
A Final Report will be prepared to present the results of the data collection
and analysis, and to present the findings and recommendations of the NTMP
Committee based on the technical analysis. A prioritization system will be
developed, and recommended mitigation measures will be ranked, based on
relative benefit to the community. Ranking criteria will be developed with input
from City staff and the NTMP Committee, and could include issues such as:
severity of the problem or issue being mitigated, number of people or homes
benefited or affected, safety benefit vs. quality of life benefit, cost to
implement, and others.
If appropriate, detailed conceptual drawings and preliminary cost estimates of
the recommended measures will be prepared.
70770022.03 V. Project Approach - Page 3
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Task 8— Project Support
Kimley -Horn will participate in up to four meetings with City staff and the
NTMP Committee. We will prepare for and make presentations at up to four
neighborhood meetings and two City Council meetings. In addition, regular
communication with City staff by phone and e-mail will help make this project
a success.
Task 9— Presentation to City Council
Kimley -Horn will present the preliminary analysis reports, the detailed
conceptual drawings, and the final NTMP recommendations to City Council.
Project Schedule
The following page contains our proposed project schedule followed by
Kimley- Horn's exceptions to the City's Standard Professional Services
Agreement.
Ton0022.03
Copyright 02003, xlmlepHom andAssociates, Inc.
V. Project Approach _Page 4
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70770022.03
Copyright 02003, Klmley- HomandAssociales, Inc.
V. Pr*d Approach - Pape 5
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CITY OF NEWPORT BEACH
NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM
Kirnley -Hom & Associates, Inc.
Hourly Billing Rates by Personnel Classification
Personnel
Hourl Rate
Pm'ectMana er
$152.00
Principal-in-Charge
$190.00
SeniorEngineer
$130.00
Transportation Anal t
$100.00
Assistant Engineer
$87.00
Tech 1 Clerical
$75.00
EXHIBIT B
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