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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. -1- 0 0 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 -2- • 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. -3- 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 ME 0 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 -5- 11 12. 13. 14. 0 • 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. in 0 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. -7- 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. 0 9 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. In 0 0 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. -10- 0 22. RECORDS 0 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 -11- 27 28. 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 -12- 0 0 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 -13- 0 0 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 -14- 0 0 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 , 0 6 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 ❑�❑ and Asori�es,Yc 0 9 m E.g U F=-S X , 0 11 s C 24 C C N N k O '^ a n ry O j } a cU, c^t 4 C � � - 1 d �e c xx I E Q N CL O � rz £ <n p 0 p C p p v Q _O 4e' I i Oil+ -I�10 EE O o > I O SD_I N am- 9 m E.g U F=-S X , 0 11 s C 24 C C N N k O '^ a n ry O • c9 C 0 O 0 v O 9 ' u h p YCI v G' pq d C.° L4 O C G o d H v aW o od O yy 0 z m O\ O T aC O O O O O O N C O N O'N �. O r, h n 0 0 O S O v S O (/i fA f9 .-y (aH b9 b9 69 69 M 00 OD N ti :A Ni � V3 f9 b9 a w tl .D Vl O oo O r1 N < o0 ao 0o N S O� � k O S O S a N O O O� vl O V' q C ti � W va en Fa w ° 0 ° xz "aN.0 0 W �U Ow H w 4 .a7 W Al W w �� z o 0~ ro � a. c. �QOH�C7Qwc:� � c9 C 0 O 0 v O 9 ' u h p YCI v G' pq d C.° L4 O C G o d H v aW o od O yy 0 z E 9 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 a 0 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. -1- 0 • 0 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 -2- • • 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, 0 W! . 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 -4- • • 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 -5- 0 9 • 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 IA 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, 0 -7- . 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. M • 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 111011 9 0 • 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. -10- 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 • -11- i • • 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 -12- 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 SRI 9 • • 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 -14- 0 0 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 0 -15- 9 0 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. -16- 0 23. WITHHOLDINGS 0 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 -17- 9 0 • 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 'M. 0 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. SWI • 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. -20- 0 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. • 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. • -21- • 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 -22- 0 9 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 9 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 TOT70022.03 V. Prolect Approach - Page 1 Copynghl® 2003, rimley-Horn and Azxiales, Inc. CUM I3= 11 EXHIBIT A 0 0 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. • 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. 70770022.03 V. Project Approach - Page 2 Copyright 0 2003, Kroley -Flom and Associates, Inc. W Irir6ylNn kr- 0 , xv i .n, .� ........ . .. ..... .... .. �....:.v...... +:. III I 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 Copynght (0 2003, IGMey -Fbm andAwociates, Inc. C=11 :=k' 0 • 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 Copynght (0 2003, IGMey -Fbm andAwociates, Inc. C=11 :=k' 0 • 0 0 i 0 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 COW ==k, .. mz sdle ul6e, 70770022.03 Copyright 02003, Klmley- HomandAssociales, Inc. V. Pr*d Approach - Pape 5 Cmmn �J 0 • 0 0 E c� 0 v 1,C � v m A y 1 1 .v "uo �Ws 3 z I.y N N N m N N N OD Nl �D V1 ti O 00 O "1 N V' OO 00 OO N O O gx N .J3 .0 7 Y u 5 N 00 DO ti N N N .N-i � a S S ti p[ C O " 7 K �W5 O "w pq Pi a Q/\1 '� oo w v v v w C .� a 4 .e'. ❑� z 00 V V Cc g W V OV y F• ° F W � W V � � jj �^ 5 N y 9d C q � � •F-i � �I Vi N G KI QV a C. F . C. . O F . . . .. Fv�Fi�HI�'FE°FHd vC Li c� 0 v 1,C � v m A y 1 1 .v "uo �Ws 3 z • 0 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 • E