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HomeMy WebLinkAboutC-4037 - PSA for Parking Management PlanPROFESSIONAL SERVICES AGREEMENT WITH WALKER PARKING CONSULTANTS FOR PARKING MANAGEMENT PLAN THIS AGREEMENT is made and entered into as of this 94day of April, 2008, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and Walker Parking Consultants /Engineers, Inc., a Michigan Corporation whose office is located at 2550 Hollywood Way, Burbank, California, ( "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 more effectively manage its parking resources and in keeping with the goals and policies of the new General Plan establish the appropriate parking requirements under the Zoning Code. C. City desires to engage Consultant to assist with the development of comprehensive plans for the operation and possible expansion of its on- street parking spaces and municipal off - street parking lots in each of the commercial villages, specifically the Balboa Peninsula (Balboa Village, Lido and Cannery Villages /McFadden Square), Balboa Island, West Newport Highway, Mariners' Mile and Corona del Mar. Further the City is seeking additional expertise in evaluating all off - street parking standards as part of a comprehensive rewrite of its Zoning Code to implement the new General Plan D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal members of Consultant for purposes of Project shall be Carolyn Krasnow, Ph.D., Steffen Turoff, Richard Raskin, Derek Adamas, Yvette Barbosa, Mark Linsenmayer and other members of the staff of Walker Parking Consultants as needed. 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. 9 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 on the 31 t day of March, 2009, 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 hereto 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 services under this Agreement and the services shall be performed to completion in a diligent and timely manner. The failure by Consultant to perform the services in a diligent and timely manner 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 the 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. Consultant's compensation for all work performed in accordance with this Agreement, excluding all reimbursable items and subconsultant fees, shall not exceed One Hundred Eighty-six Thousand Three Hundred Eighty Dollars ($186,380) without prior written authorization from City. Reimbursable expenses will be billed at 1.00 times cost and shall not exceed Ten Thousand Dollars. No 2 i 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 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 writing 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 performed without the prior written authorization of City. As used herein, "Extra Work" means any .work that is reasonably 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 as set forth in Exhibit B. 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 Steffen Turoff to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed herein or in Exhibit A or assign any new or replacement personnel to the Project without prior written consent of the City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 3 0 • 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 Planning Department. Leigh M. De Santis 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 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. 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. By delivery of completed work, Consultant certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the professional standard of care. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force in effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is 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. :1 r ! 9. HOLD HARMLESS To the fullest extent permitted by law, Consultant shall indemnify and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties ") from and against 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, reasonable attorney's fees, disbursements and court costs) (individually, a Claim; collectively, "Claims "), related to any breach of the terms and conditions of this Agreement, any work performed or services provided under this Agreement (including, to the extent caused by, the willful negligence 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 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. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 5 • • 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with 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 Project, 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, 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. 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 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 Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. D. Coverage Requirements. 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 A • 0 Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non- payment of premium) 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. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than two million dollars ($2,000,000) 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. iii. 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. iv. 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: 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 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. 7 • 0 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 or 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) calendar days (10 calendar "days written notice of non - payment of premium) written notice has been received by City. F. 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. G. 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 the 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 cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy, 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 prior written authorization of City. 17. OWNERSHIP OF DOCUMENTS 93 M • 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 prior 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. 18. 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 in writing the release of information. 19. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all 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. 20. 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 under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices 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 to Consultant under this Agreement. • 21. WITHHOLDINGS City may withhold payment to Consultant 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 /her 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. Consultant may withhold services if Consultant is not paid for services rendered in a timely manner. 22. 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 the law or any other sections of this Agreement. 23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 24. 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 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 immediate 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. 25. 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 10 26. 27. M in the United States hereinafter provided. Consultant to City shall mail, postage prepaid, All notices, demands, be addressed to City at: Attn: Leigh M. De Santis Planning Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 Phone: 949- 644 -3207 Fax: 949 - 644 -3224 • first -class mail, addressed as requests or approvals from All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: Steffen Turoff Walker Parking consultants 2550 Hollywood Way, suite 303 Burbank, CA 91505 Phone: 818- 953 -9130 Fax: 818- 953 -9331 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, and thereafter diligently take steps to cure the default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time 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, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 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 11 • 0 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, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 28. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 29. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 30. 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. 31. INTERPRETATION The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 32. 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. 33. 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. 34. 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. 12 35. 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 for the City of Newport Beach ATTEST: Bj2k(kX W 2�L�- LaVonne Harkless, City Clerk CITY OF WPO BEACH, A M ipal rp ra ion By: ayor for the City of Newport Beach CONSULTANT: �• • • •' �� i 040 A Print Name: LAI* u/- l fLtrac6C2L By: IdL4' ju, ( ' Offi r) Title: Print Name:��«�, Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates F:\users\cat\shared\ContractTemplatesPublishedonintranet\FORM — Professional Service Agreement.doc Rev: 05-02-07 13 WALKER Walker Parking Consultants PARKING CONSULTANTS 2550 Hollywood Way, Suite 303 Burbank, CA 91505 Voice: 818.953.9130 Fax: 818.953.9331 www.walkerparking.com January 31, 2008 Sharon Wood Assistant City Manager City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Re: Proposal to Provide Parking Consulting Services Parking Management Plan and Zoning Requirements Newport Beach, California Dear Ms. Wood: Walker Parking Consultants appreciates the opportunity to present the following proposal to develop a Parking Management Plan for the City of Newport Beach. We are very enthusiastic about the opportunity to be involved in this project! As the largest and most comprehensive parking consulting firm in the nation, Walker Parking Consultants is uniquely positioned to provide the City with expertise in all areas of the project scope. The staff in our Burbank office includes experts in parking management, policy, planning, operations, code analyses, financing, circulation and layout, and other areas related to parking. Our team brings an unparalleled breadth and depth to each study. As part of our broad list of parking consulting services for municipalities, the creation of parking management and policy plans for commercial districts is an important component of our work. The goal of the comprehensive nature of our proposed parking study is a plan that will help the City grow its public and private parking system efficiently and responsibly in order to the balance the needs of the historic commercial and residential villages that make up Newport Beach with new land uses such as mixed-use developments. Many growing municipalities face challenges similar to the City of Newport Beach when trying to balance the desire to preserve and grow pedestrian -friendly, aesthetically pleasing commercial areas while providing adequate and convenient parking for the variety of people who drive there. Walker has done extensive work with municipalities throughout California and the rest of the country that are confronting similar issues of wanting to ensure an adequate parking supply and the efficiency of parking resources. In addition to performing parking studies of numerous downtowns and commercial areas, we have recently completed extensive parking policy analyses of commercial and beach areas in San Diego's Pacific Beach, Phoenix, San Clemente, and Santa Rosa, California, where we specifically examined a variety of financing options including in lieu fee policies. WALKER Sharon Wood PARKING CONSULTANTS Proposal to Provide Parking Consulting Services City of Newport Beach Parking Management Plan ,January 31, 2008 Page ii of 31 We look forward to working closely with the City of Newport Beach to revise existing parking policies or, when necessary, put new policies in place that enhance the quality of life while maintaining parking that is vital for many businesses, residents and visitors. Walker's proposed project manager for this assignment will be Steffen Turoff. Steffen has been with Walker for four years and as the Project Manager will oversee the entire project and serve as the contact person for the City of Newport Beach. Steffen studied with Don Shoup for his master's degree in Urban Planning at UCLA, and since coming to Walker has worked extensively in the area of parking policy analysis as well created parking demand studies for small, medium, and large cities. Steffen works out of our Burbank office. He can be contacted at the address and phone number above, or by e-mail at Steffen.Turoff@walkerparking.com. The following proposal is organized in accordance with the format prescribed within the RFP and includes our project understanding, approach, proposed team members, qualifications to exceed the City's expectations, and our professional not -to -exceed fee. Our proposed team will be 100% committed to working with the City of Newport Beach and will commit appropriate resources to complete the tasks of this Parking Study in a timely and efficient manner. We acknowledge the breadth this study and, within our scope, have allocated significant resources accordingly, including a considerable number of hours devoted to meeting with the community and to field work (data collection). If, after reviewing this document, you feel that adjustments to the scope are needed, we would be happy to revise our work plan to fully reflect your approach to this study. Thank you again for the opportunity to provide you with our qualifications. If we are selected for this project our goal will be to provide you with the best service you have ever received from a professional consulting services firm. If you need additional information, or if you have questions on the information presented in this proposal, please do not hesitate to call us at 818.953.9130. Sincerely, WALKER PARKING CONSULTANTS Carolyn H. Krasnow, Ph.D. Principal/Director of Study Services ST/rlp Enclosure Z*1 Z_ - �f/ Steffen Turoff Project Manager/Parking Consultant PROPOSAL FOR PREPARAj ION OF PARKING STUDY PREPARED FOR CITY OF NEWPORT BEACH PARKING REQUIREMENTS AND MANAGEMENT PLAN JANUARY 31, 2008 MARCH 14 AND APRIL 10, 2008 SCOPE REVISED I. BACKGROUND................................................................ 5 Unique Qualifications.................................................... 2 FirmProfile.................................................................. 2 II. PROJECT APPROACH........................................................ 5 Project Understanding.................................................... 5 Proposed Methodology .................................................. 6 III. CONSULTANTS............................................................... 9 IV. RELATED EXPERIENCE..................................................... 10 Project Experience with References ..............I .................. 10 V. SCOPE OF SERVICES...................................................... 13 VI. PROJECT ORGANIZATION AND STAFFING ...................... 21 Organization Chart ..................................................... 21 StaffBios................................................................... 21 Current Workload and Commitment ............................... 22 Resumes.................................................................... 24 VII. PROPOSED PROJECT SCHEDULE ..................................... 27 VIII. COST DATA................................................................ 28 WALKER PARKING CONSULTANTS TABLE OF CONTENTS PROPOSAL FOR PREPARHiION OF PARKING STUDY WALKER PREPARED FOR CITY OF NEWPORT BEACH -0PARKING CONSULTANTS PARKING REQUIREMENTS AND MANAGEMENT PLAN JANUARY 31, 2008 MARCH 14 AND APRIL 10, 2008 SCOPE REVISED UNIQUE QUALIFICATIONS L BACKGROUND We are creating the new methods that other consultants will adopt. Walker's team members are What makes Walker uniquely qualified within the field of parking active in the professional consulting is the fact that we are not just another business, we are a organizations that train the rest learning organization as well. Walker sets aside a percentage of of the industry. In particular, we net revenues every year to invest in training and research. We do have several consultants on the Parking Consultants Council. more than other companies to make sure our staff are at the forefront of the industry. The added benefits that we provide to our clients include: • Walker has produced key industry research, including the important update to the Urban Land Institute's landmark Shared Parking study. Our research keeps us at the leading edge of creative parking solutions for our clients. • Walker's team members are active in the professional organizations that train the rest of the industry. In particular, we have several consultants on the Parking Consultants Council. This group interprets policy for the entire parking industry, and provides publications that guide other consultants on issues ranging from right -sizing to revenue to parking system management to efficient design guidelines. • As an organization that invests in research and staff development, Walker has developed expertise in all areas of parking, including both planning (shared parking, financing), design (automated garages, circulation), and Walker's Parking Consulting operations (equipment, management). and Study Services Group • No matter what questions our clients come up with about consists of 35 professionals whohave hundreds of years of their parking system, we have someone within our staff who combined experience in all can help. aspects of the parking industry. WALKER PARKING CONSULTANTS PROFILE In our 42"d year of success, Walker Parking Consultants is the largest firm in the world that is devoted solely to parking consulting as well as the design and engineering of parking facilities. The firm has thirteen offices in the United States and a professional staff of over 300 planners, architects, engineers, technicians, and 2 PROPOSAL FOR PREPARAgION OF PARKING STUDY WALKER PREPARED FOR CITY OF NEWPORT BEACH PARKING CONSULTANTS PARKING REQUIREMENTS AND MANAGEMENT PLAN JANUARY 31, 2008 MARCH 14 AND APRIL 10, 2008 SCOPE REVISED support personnel. Walker Parking Consultants (WALKER) offers the total spectrum in parking studies, design and operations consulting. WALKER'S Parking Consulting and Study Services Group consist of 35 professionals who have hundreds of years of combined experience in all aspects of the parking industry. They have produced over a thousand studies for municipal clients that cover a wide range of topics. A significant number of these studies have dealt specifically with the challenges faced by municipalities including: • Supply and Demand Projections for Downtown Shopping and Mixed -Use Districts • Parking Policies from Parking Requirements to Pricing • Traffic and Parking Management Plans • Financial Feasibility Analyses • Specifications for Parking Equipment • Traffic Engineering • Operations Assessments • Consensus Building • Audits We recognize that parking issues are not only multidimensional, but also impact and are impacted by other issues faced by cities. WALKER is recognized as a leader in parking technology and innovative policies, and the professional staff of the firm is active in professional associations related to parking. Our firm has made significant contributions to parking research and the published literature on parking. Most recently, WALKER completed a contract with the Urban Land Institute (ULI) and the International Council of Shopping Centers (ICSC) to lead a team of parking and transportation planning experts to update the landmark publication, Shared Parking, Second Edition. Our research represents parking characteristics of 91 land uses and is the base for projecting future parking conditions in mixed-use market areas and is at the forefront of MINING, USIGN. (U,SIM9(UCM: MAIN MAM(i 1 WAR We wrote the book on Parking. 3 PROPOSAL FOR PREPARAJON OF PARKING STUDY PREPARED FOR CITY OF NEWPORT BEACH PARKING REQUIREMENTS AND MANAGEMENT PLAN JANUARY 31, 2008 MARCH 14 AND APRIL 10, 2008 SCOPE REVISED maximizing the public benefits of shared parking in business districts in towns and cities alike. In addition, the textbook, Parking Structures: Planning, Design, Construction, Maintenance and Repair, written by five senior officers of the firm and generally recognized as the state-of-the-art text, not only for parking structure design and engineering, from acceptable walking distances for parking facility users to issues of safety and security. WALKER PARKING CONSULTANTS IS PROPOSAL FOR PREPARE,.. SON OF PARKING STUDY WALKER PREPARED FOR CITY OF NEWPORT BEACH -0PARMNGCONSULTANTS PARKING REQUIREMENTS AND MANAGEMENT PLAN JANUARY 31, 2008 MARCH 14 AND APRIL 10, 2008 SCOPE REVISED PROJECT UNDERSTANDING Newport Beach is considering significant changes to how parking in the City is provided, managed, and financed. The City seeks parking policies that will maintain the ambience and economic vitality of its historic villages, which contain a mix of commercial and residential areas, while introducing the flexibility that will accommodate mixed uses and designations and promote balanced economic growth. The City also wishes to explore whether new parking pricing policies, such as those recommended in recent years by professor and parking expert Donald Shoup, could not only improve the management of its parking system but perhaps provide a source of funding for additional parking facilities. The changes being considered are the result of the implementation of the City's General Plan, which was adopted in 2006, and the Plan's Land Use and Circulation Elements. These elements provide for the introduction of a variety of new policies ranging from new mixed use designations to changes in parking requirements and the development of shared parking facilities. Many of these changes are expected to result in revisions to the parking requirements contained in the City's Zoning Code. Changes in the way the City provides parking to the public, as well as how that parking is paid for, are also anticipated as part of an overhaul of the City's dormant in -lieu fee parking ordinance. All of these issues and policies must be analyzed by the parking consultant in order to determine the City's Parking Requirements and Management Plan. Finally, Walker recognizes that close consultation with the public is crucial when considering changes to policies in which residents, business owners, employees and visitors all have a stake. The City wishes to make sure that stakeholders have adequate opportunity to make their voices heard as current conditions are analyzed and new policy is crafted. Meetings and public workshops will be an important component to the successful development of new parking policies in the City. II. PROJECT APPROACH 5 PROPOSAL FOR PREPAR,#._iON OF PARKING STUDY WALKER PREPARED FOR CITY OF NEWPORT BEACH 40PARKING CONSULTANTS PARKING REQUIREMENTS AND MANAGEMENT PLAN JANUARY 31, 2008 MARCH 14 AND APRIL 10, 2008 SCOPE REVISED PROPOSED METHODOLOGY In order to understand current parking conditions and address current challenges, we must first quantify them. We begin our analysis by using Walker's professional field survey staff to quantify in a detailed manner the current inventory of parking spaces and (parking) occupancy conditions in the coastal areas and small commercial villages under study. At the same time, we will engage in community outreach in order to understand the experiences, opinions and concerns of the various stakeholders with regard to parking. Stakeholders with whom we consult will include the California Coastal Commission as well as members of the local business and residential communities. We will then look at any significant development planned for the study area in order to consider the parking impacts that new development might add to the existing conditions. Based on the analyzed data, the goals of the General Plan, and No other consulting firm has as input provided by City staff, local stakeholders and the Coastal extensive a network of Commission, Walker will create a draft parking plan for managing consultants and projects to the parking system and for the implementation of management educate us and our clients about recommendations as well. In creating the plan, Walker draws from what works, what doesn't, and its decades of experience, research, and best practices in what's new. municipal and private sector parking policies and the experts in every aspect of parking that we have on our staff. Finally, we will look at what can be done with the zoning code in order to codify parking policies that will address current problems and promote future policies in keeping with the intent of City's General Plan. We will examine the parking standards contained in the City's Zoning code, comparing them with Walker's standards for design and our requirements for stand alone and shared uses contained in the Walker Shared Parking Model.' We will then make the appropriate considerations and adjustments for Newport Beach's unique location and historic neighborhoods and building stock. We will also compare the City's parking standards with those of comparable cities. In addition, we will evaluate the introduction of new policies and changes to existing policies in the code, per the City's expressed interests, ranging from new land use designations to in -lieu fee policies. We will then make ' The model was developed by Walker in conjunction for the Urban Land Institute (ULI). 0 PROPOSAL FOR PREPARk. iON OF PARKING STUDY WALKER PREPARED FOR CITY OF NEWPORT BEACH -0 PARKING CONSULTANTS PARKING REQUIREMENTS AND MANAGEMENT PLAN JANUARY 31, 2008 MARCH 14 AND APRIL 10, 2008 SCOPE REVISED recommendations to the City and stakeholders regarding revisions to the code. Our approach will be to supplement data collection and analysis with a collaborative process that includes the following: Stakeholder Input. It is important for consultants to recognize that the people living in the City and dealing with the parking every day have a lot of knowledge of what has been tried, what's worked, what the continuing problems are, and what they'd like to see. The process outlined in our scope below calls for significant input from the community, including: a. Community workshops that enable us to obtain feedback from the community as well as "educate" people on the study process and findings, and on the reasoning behind our recommendations. b. A steering committee made up of diverse representatives of the City to help guide the study and provide detailed input. c. A project website to facilitate on-going communication between the public and the consulting team. 2. Management and Policy Research. Beyond the local knowledge of the parking system, there is the local knowledge of communities across the country. Walker has done over a thousand municipal studies, and we draw on our extensive nationwide network of colleagues and project histories to consider what we think will constitute "best practices" for a given city. No other consulting firm has as extensive a network of consultants and projects to educate us and our clients about what works, what doesn't, and what's new. In addition, we research nearby cities to see what kind of initiatives are being taken in the area, what are considered appropriate rates in the local market, etc. Our project management process is geared to ensure that our consultants have as much collaboration and oversight as possible; we believe this leads to a more creative, more erudite study. PROPOSAL FOR PREPARkAON OF PARKING STUDY WALKER PREPARED FOR CITY OF NEWPORT BEACH PARKING CONSULTANTS PARKING REQUIREMENTS AND MANAGEMENT PLAN JANUARY 31, 2008 MARCH 14 AND APRIL 10, 2008 SCOPE REVISED The project team includes consultants with specialties in site selection and design, policy and management. In addition, we have informal "advisory meetings" that allow thorough input from others within Walker who have experience with municipal studies and may have insights to contribute. The project principal is involved on a daily basis in project discussions, and reviews every report before it is sent. The collaboration between the consultants and City staff will require significant input from the City. In addition to meetings and feedback listed in the scope, we will need from the City: ■ Input on formation of a steering committee. City staff can suggest representatives. ■ Input on comparable cities. ■ All background documentation, including previous studies, traffic analyses, site plans/dimensions of potential development parcels, and historical information on parking management plans, rates, etc. Walker has produced key industry research, including the important update to the Urban Land Institute's landmark Shared Parking study. Our research keeps us at the leading edge of creative parking solutions for our clients. 0 PROPOSAL FOR PREPARA, iON OF PARKING STUDY PREPARED FOR CITY OF NEWPORT BEACH PARKING REQUIREMENTS AND MANAGEMENT PLAN JANUARY 31, 2008 MARCH 14 AND APRIL 10, 2008 SCOPE REVISED Walker is not including subcontractors to our team. We maintain all staff to competently complete the tasks outlined within our proposed scope of services. WALKER PARKING CONSULTANTS III. CONSULTANTS 9 PROPOSAL FOR PREPAR', . ION OF PARKING STUDY PREPARED FOR CITY OF NEWPORT BEACH WALKER 40 PARKING CONSULTANTS PARKING REQUIREMENTS AND MANAGEMENT PLAN JANUARY 31, 2008 MARCH 14 AND APRIL 10, 2008 SCOPE REVISED PROJECT EXPERIENCE AND REFERENCES IV. RELATED EXPERIENCE In 2005, Walker provided the City with conceptual layouts for three-level and four -level (alternate scenarios), above -grade parking structures proposed for a site at Balboa Blvd. and 23`d Street. The analysis provided the City with potential parking capacities, heights and preliminary cost estimates for each of the scenarios. Other relevant work that Walker has done includes parking demand, management and policy studies for beach cities that include Pacific Beach (San Diego), San Clemente, Laguna Beach, Redondo Beach, Carpinteria, Carmel, and Santa Monica. PACIFIC BEACH PARKING PLAN AND POLICY ANALYSIS PACIFIC BEACH BUSINESS IMPROVEMENT DISTRICT 2007-2008 Benjamin Nichols Walker was retained by the business improvement district and Executive Director Discover Pacific Beach Business community parking district in San Diego's Pacific Beach to Improvement District recommend policies and create a parking plan that would manage Tel: (858) 273-3303 and balance the high demand for parking generated by the area's Email: Benjamin@pacificbeach.org businesses, residents and beach goers. Pacific Beach hosts millions of visitors every year and experiences particularly sharp spikes in seasonal parking demand. However, there are no City -owned public parking lots in the area. On -street parking (including along residential streets) and a few private lots handle virtually all of the area's parking demand. Walker created a parking plan to manage demand and supply as well as the influx of visitors' cars on residential streets. We then presented the plan in a series of public meetings in which members of the community were educated about parking policies while providing input for the plan. COPPER SQUARE PARKING STUDY PHOENIX ARIZONA 2005 Brian Kearney Walker was retained by Downtown Phoenix's business President and CEO improvement district, Copper Square, for the purpose of providing Downtown Phoenix Partnership, Inc. parking policy recommendations that would facilitate the area's (602) 744-6406 transformation into a vibrant mixed of uses and accommodate new Email: BKearney@downtownphx.org development. No minimum parking requirements were in place for the Copper Square district and the area was anticipating the 10 PROPOSAL FOR PREPARP., ION OF PARKING STUDY PREPARED FOR CITY OF NEWPORT BEACH WALKER AW PARKING CONSULTANTS PARKING REQUIREMENTS AND MANAGEMENT PLAN JANUARY 31, 2008 MARCH 14 AND APRIL 10, 2008 SCOPE REVISED creation of millions of square feet of new commercial and residential development in the near future. The purpose of the study was to make sure that adequate parking was provided while maintaining a pedestrian friendly district that would not be overwhelmed with new parking facilities. CITY OF SAN CLEMENTE, CA 2002-3, UPDATE 2006 San Clemente experiences crowded parking conditions on and Jim Pechous near its main street, particularly during the summer season. In Principal Planner Planning Division addition, new commercial tenants in the area are attracting City of San Clemente increasing numbers of cars. The City hired Walker to study parking Tel. 949.361 .6195 conditions in the area and to project parking demand as the area Email: pechousl@san-clemente.org continues to revitalize. Walker also studied parking management options, including private/public parking ventures, to help relieve crowded parking conditions on key blocks. In addition, we analyzed sites for potential parking developments. CITY OF NAPA, CA 2002, UPDATE 2004 Jennifer La Liberte Downtown Napa has experienced considerable growth in recent Project Coordinator years, with popular restaurants and retail destinations generating City of Napa new demand in an area already busy with commercial and Redevelopment/Economic Development Development Department Department government office employees and visitors. Walker was retained to Tel. 9502 recommend management options to improve the efficiency of the Email: jlaliberte@ciyofnapa.org parking system under current conditions, and to project future demand after some downtown buildings are redeveloped. CITY OF REDONDO BEACH, CA 2000-1 Walker was part of an urban design consulting team that created an award-winning redevelopment plan for the Harbor area of Redondo Beach. Walker provided the following: o Examined the impact of different kinds of development scenarios on parking, o Projected parking demand generated by proposed mixed- use developments; o Recommended changes to the city's parking code for stand-alone developments; o Created a shared parking model for the city to use to determine parking requirements in mixed-use areas; 11 PROPOSAL FOR PREPARr. ION OF PARKING STUDY PREPARED FOR CITY OF NEWPORT BEACH PARKING REQUIREMENTS AND MANAGEMENT PLAN JANUARY 31, 2008 MARCH 14 AND APRIL 10, 2008 SCOPE REVISED o Analyzed several sites that had been identified for possible parking development and advised the city on which sites would be best for garage construction. The analysis projected capacity and evaluated ingress/egress issues, walkability, and construction constraints to arrive at a recommendation. o Estimated construction costs for proposed garages o Provided management recommendations for existing and the potential future garages, to maximize efficiency. The team effort included several community workshops and briefing sessions with the Planning Commission and City Council. WALKER PARKING CONSULTANTS FA PROPOSAL FOR PREPARE. i ION OF PARKING STUDY WALKER PREPARED FOR CITY OF NEWPORT BEACH 4qWPARKING CONSULTANTS PARKING REQUIREMENTS AND MANAGEMENT PLAN JANUARY 31, 2008 MARCH 14 AND APRIL 10, 2008 SCOPE REVISED TASK ONE: PARKING MANAGEMENT ANALYSIS AND RECOMMENDATIONS Meet with City staff to finalize project parameters, discuss background issues related to the project area, and obtain previous studies, documents and other data regarding the study areas including the 2006 General Plan. Previous studies and data may also include the necessary data available from the City's parking meters and PARCS (parking access and revenue control) equipment where available within the study areas. (Meeting 1) 2. The following items in Tasks One through Tasks Three will be performed separately for each of the following five study areas. The exact areas will be defined in more detail during public meetings, but roughly defined as: A. Corona del Mar - along Coast Highway from Avocado Avenue to Poppy Avenue, including the residential areas one block west of Coast Highway and two blocks east of Coast Highway. B. Mariner's Mile - along Coast Highway from Newport Avenue to Dover Drive, including the residential street located within one block (north) of and above Coast Highway in the western part of Mariner's Mile. C. Balboa Peninsula - the entire area referred to as "the Fish" including McCadden Square, Cannery Village, Lido Village as well as potential parking "spillover" areas within one block of "the fish." Also the McFadden Beach Lots and Balboa Village and potential parking "spillover" areas within one block of these locations. D. Balboa Island E. West Newport - along Coast Highway from the Huntington Beach city line to Balboa Blvd, including ungated residential streets within one block of Coast Highway. 3. Inventory the parking supply located within the areas of study. The parking inventory will include: 2 In keeping with the format of the RFP, we do not include meetings with City staff within Tasks 1 — 4, but instead include all public meetings together in Task 5. SCOPE OF SERVICES 13 PROPOSAL FOR PREPAR,,flON OF PARKING STUDY WALKER PREPARED FOR CITY OF NEWPORT BEACH 40PARKING CONSULTANTS PARKING REQUIREMENTS AND MANAGEMENT PLAN JANUARY 31, 2008 MARCH 14 AND APRIL 10, 2008 SCOPE REVISED • On street spaces in commercial and recreational (primarily beach) areas • On street spaces in residential areas located adjacent to commercial and recreational areas • Public off-street spaces • Private non-residential off-street parking facilities' • Indication of time restrictions, user restrictions, hours of operation, and rates. 4. Review parking operations data provided by the City to understand utilization patterns including: A. the peak parking occupancy rates for the City's public parking facilities B. trends in parking facility occupancy including peak months for parking demand, provided that data is available from parking access equipment to do so. C. the length of stay and rate of turnover of cars parked in selected public parking facilities. 5. Conduct parking occupancy counts of the spaces inventoried in Item 2 for which operations data cannot be used to determine the peak parking demand on the design day (such as public on -street spaces).` These occupancy surveys will be conducted on one weekday and one weekend day, to be determined in conjunction with City staff. Counts are expected to take place four times throughout the day at 10:00 AM, 12:00 noon, 2:00 3 It should be noted that some private parking facilities and spaces may not be available to the public and /or inaccessible to Walker survey staff. Walker staff will make every reasonable effort to count all private, non-residential spaces in the designated study areas but will note parking facilities that are not accessible when counting spaces. ' We note that for the purpose of this scope, scheduling and budgeting, we have assumed that the size of the study consists of roughly 40 square blocks on Balboa Peninsula, 15 square blocks in Mariner's Mile and Balboa Island respectively, and roughly 28 square blocks in the Corona del Mar and West Newport Highway areas. In many cases, we assume a larger number of blocks than is indicated within the "sub -area" maps within the City's General Plan. We do so in order to survey parking occupancies along the (typically residential) blocks located adjacent to these commercial districts and the beach areas. Should we be requested to study a larger or smaller area, we would adjust our scope and fee accordingly. M PROPOSAL FOR PREPARw.ION OF PARKING STUDY WALKER PREPARED FOR CITY OF NEWPORT BEACH PARKING CONSULTANTS PARKING REQUIREMENTS AND MANAGEMENT PLAN JANUARY 31, 2008 MARCH 14 AND APRIL 10, 2008 SCOPE REVISED PM, and 7:00 pm unless City staff in consultation with local represents determines that other hours would provide better snapshots of parking demand peaks and patterns. 6. If counts are conducted during an off-peak month, make adjustments for seasonality to project results for peak months of the year. 7. Using a license plate inventory method (LPI), measure the length of stay of parkers in public parking spaces in selected parking spaces in each of the study areas on one day selected in consultation with City staff. LPI surveys will either be of entire blocks for on -street parking spaces or of parking facilities containing significant (i.e. recommended no less than 40 spaces for off-street spaces) in order to maximize the number of cars that can be counted. 8. Review the parking pricing policies (including hourly fees) for public parking in effect in Newport Beach and at five comparable cities in the region. 9. Combine the parking occupancy rates obtained using City operations data with those obtained through on- street occupancy counts in order to determine parking occupancy rates at designated hours throughout the design day. 10. Create a map of each of the study areas that shows peak -hour parking demand on a block -by -block (and lot -by -lot) basis for the existing conditions observed.' 11. Determine the extent to which general or localized parking shortages currently are occurring in commercial and recreational as well as residential areas. 12. Using the Walker Shared Parking modeling process, project the amount of additional parking demand that is expected to occur based on future growth projections and program data for new development planned for the areas of study. Growth projections and program data on new development will be provided by City staff. 13. Combine the projected additional demand for parking resulting from new development and intensification of existing land uses to the existing parking demand observed during occupancy counts in order to determine the demand for parking spaces on ' Such information will be demonstrated for private parking facilities to the extent possible, but may be limited should less data be available for private facilities. 15 PROPOSAL FOR PREPAR,,,.ION OF PARKING STUDY WALKER PREPARED FOR CITY OF NEWPORT BEACH 4W PARKING CONSULTANTS PARKING REQUIREMENTS AND MANAGEMENT PLAN JANUARY 31, 2008 MARCH 14 AND APRIL 10, 2008 SCOPE REVISED the determined design day, up to seven years in the future. The modeling process may include breakdowns into sub -areas (to be determined through discussion with City staff), so that localized surpluses or shortages can be evaluated. 14. Review the City's and Coastal Commission's existing policies regarding the establishment and operation of residential parking permit districts. 15. In light of the findings from items 1 — 12, the goals of the General Plan, and existing parking policies evaluate current parking conditions and make recommendations for the purpose of maximizing the efficiency of the non-residential parking supply while, to the extent legally and practically possible, minimizing parking impacts on residential streets located in close proximity to commercial and recreational areas. Recommendations will be made in the areas of: A. Parking fees, including market rate pricing for the purpose of managing parking demand and maximizing the efficiency of the parking system. B. Structuring rates based on location and associated level of demand. C. Structuring rates based on peak seasons, days and time of day. D. Hours in which parking fees and parking regulations should be in effect. E. Time limits. F. Appropriate parking technology for the purpose of effectively implementing policies.b G. Residential parking permit policies, districts and programs. H. Residential and commercial parking benefit districts. I. Other appropriate parking tools and parking management strategies. Discussions of parking technology and equipment will include general recommendations only and will not go into details with regard to cost or installation. PROPOSAL FOR PREPAR.,.JON OF PARKING STUDY WALKER PREPARED FOR CITY OF NEWPORT BEACH PARKING CONSULTANTS PARKING REQUIREMENTS AND MANAGEMENT PLAN JANUARY 31, 2008 MARCH 14 AND APRIL 10, 2008 SCOPE REVISED TASK TWO: PUBLIC PARKING SUPPLY AND NEEDS 1. Based on the findings from items 1 — 12, the projected efficiencies from policies discussed per item 13, and the goals of the General Plan, quantify the amount of any parking surplus or deficit in each of the study areas. 2. If a parking deficit exists or is projected to occur in the future, determine whether or not the deficits warrant the creation of additional parking facilities, including parking structures and a general discussion of whether automated parking structures would be a reasonable option to address the parking deficits in question. 3. If it is determined that additional parking facilities are warranted, discuss available options for financing new parking. Options will include parking revenue from parking system users, in lieu fee programs, public-private partnerships and other alternatives. 4. Evaluate the City's current in lieu fee program and discuss considerations for setting rates. 5. Technical Memorandum: For each of the five study areas, prepare a separate draft technical memorandum outlining parking demand and management study findings and recommendations, covering Tasks 1 and 2 above. 6. Incorporate one consolidated set of comments from City staff into each draft technical memorandum to create a final Technical Memorandum, which will be incorporated as the first section into a final report. TASK THREE: IMPLEMENTATION PLAN 1. Prioritize the recommendations made in Tasks 1 and 2 above based on maximizing the efficiency of parking spaces, using a cost benefit approach and other approach as appropriate. Discuss the timing of how recommendations should be implemented in terms of whether recommendations should be made piecemeal, sequentially or concurrently. 2. Discuss the advantages and disadvantages of implementing policies one -by -one in each study area. 17 PROPOSAL FOR PREPAR#..i' ION OF PARKING STUDY WALKER PREPARED FOR CITY OF NEWPORT BEACH PARKING CONSULTANTS PARKING REQUIREMENTS AND MANAGEMENT PLAN JANUARY 31, 2008 MARCH 14 AND APRIL 10, 2008 SCOPE REVISED 3. If a market based parking pricing policy is recommended, outline policies and procedures necessary to establish an effective pilot program in two of the study areas. TASK FOUR: ZONING CODE — PARKING STANDARDS Discuss "best practices" for parking codes, including minimum parking requirements and policies, which are appropriate to the needs of Newport Beach. The study will use the following resources: A. Parking generation rates for stand alone and shared land uses, using data contained in Walker Parking Consultants' Shared Parking Model and adjusted for the specific conditions in each of the study areas. B. An examination of five cities selected in consultation with City staff and deemed reasonably comparable to Newport Beach. C. A review of literature, case studies and other discussions of best practices regarding parking codes. D. A review of the parking standards contained within Newport Beach's zoning code and recommendations for changes. 2. As part of the analysis of best practices discussed in item 1 above, evaluate specific policies with regard to how parking requirements are determined for private property, particularly with regard to the sharing of parking for the purpose of maximizing parking efficiencies and eliminating the overbuilding of parking as much as possible. This analysis would include an evaluation of: A. New land use designations, particularly in mixed use areas, using shared parking concepts. B. Whether different policies regarding the City's providing public parking could allow for a reduction in off-street requirements. C. Whether private property owners should be given the option of paying a fee in lieu of providing off-street parking spaces. D. The policy objectives that must be considered when determining how in -lieu fees are set. L PROPOSAL FOR PREPARw.iION OF PARKING STUDY WALKER PREPARED FOR CITY OF NEWPORT BEACH PARKING CONSULTANTS PARKING REQUIREMENTS AND MANAGEMENT PLAN JANUARY 31, 2008 MARCH 14 AND APRIL 10, 2008 SCOPE REVISED E. Whether a policy of allowing on street spaces to "count" when determining the number of spaces required for new uses is reasonable in all, some or no instances. F. Whether it is reasonable to eliminate all minimum parking requirements for some land uses or locations. G. Whether maximum parking requirements are productive. H. The advantages and disadvantages to designating some parking spaces for car sharing programs, alternative fuel vehicles, or allowing bicycle parking spaces to meet minimum parking requirements. 3. Prior to the completion of the parking inventory and supply analysis described in Tasks One and Two, prepare an initial technical memo which contains an evaluation of the City's parking codes and policies based on the discussion included in items 1 and 2 (Task Four) above. 4. Upon the completion of Tasks One and Two, update the initial evaluation of the parking code using the findings from the parking inventory and supply analysis, in order to create a draft of a comprehensive Parking Policy and Management Plan for the City of Newport Beach. 5. Submit draft report for review by the Coastal Commission and obtain one set of consolidated comments from the Commission for the purpose of revisions. 6. Submit revised (per the Coastal Commission) draft report to the City for review. 7. Incorporate one consolidated set of comments from City staff into the draft report in item 6 above to create a final comprehensive Parking Policy and Management Plan for the City. rue PROPOSAL FOR PREPARATION OF PARKING STUDY WALKER PREPARED FOR CITY OF NEWPORT BEACH 40FAMING CONSULTANTS PARKING REQUIREMENTS AND MANAGEMENT PLAN JANUARY 31, 2008 MARCH 14 AND APRIL 10, 2008 SCOPE REVISED TASK 5: PUBLIC MEETINGS AND WORKSHOPS (Underlined items indicated revised scope in Task 5.) Items 1 — 7 below include seven meetings for each of the five separate study areas in which we will conduct parking analyses These seven meetings per study area include one meeting with the Coastal Commission for each of the five study areas The result is a total of 35 meetings, for the purposes set out below. One kick off meeting with the public will be held for each study area for the purpose of obtaining the community input. Some specifics may include parking patterns within the community including A. times and locations of peak and impacted demand for parking B. identifying the parking characteristics of the various parking user groups including customers, residents and employees C. issues of parking "spillover" demand D. identifying the design day for which the parking system should accommodate demand One meeting with the steering committee selected for each of the study areas including representatives of the Economic Development Committee and General Plan, Land Use. and Circulation Plan Committees This meeting will be held following Walker's counts of parking inventories and occupancies for the study area. The meeting will be used to present initial findings from the parking counts and obtain feedback on findings from members of the steering committee. One meeting with City staff to discuss findings and proposed recommendations contained in a draft report memorandum, which will be submitted to staff prior to the meeting. A second meeting with the steering committee for the purpose of presenting the recommendations for addressing parking issues contained in the draft report memorandum The meeting will be used to receive feedback on recommendations and discuss parking r)olicv and glannina issues, as well. 20 PROPOSAL FOR PREPARA ION OF PARKING STUDY WALKER PREPARED FOR CITY OF NEWPORT BEACH 4WPARKING CONSULTANTS PARKING REQUIREMENTS AND MANAGEMENT PLAN JANUARY 31, 2008 MARCH 14 AND APRIL 10, 2008 SCOPE REVISED 5. A second meeting with the public for the purpose of presenting findings and recommendations discussing parking policy and planning issues, and finalizing input before creating a final report. 6. One meeting, i� ncluding a presentation of findings and recommendations from the finalized report, before the Newport Beach ON Council. 7. One meeting with the California Coastal Commission to discuss the recommended parking policies contained in the final report. 8. Up to three meetings with City staff, community and/or the Council with regard to recommended zoning code changes and/or the City's parking in lieu fee program Meetin.�qs separate from those included in items 1 — 7 above will be billed separately (see fee schedule. 21 PROPOSAL FOR PREPARATION OF PARKING STUDY WALKER PREPARED FOR CITY OF NEWPORT BEACH 1W PARKING CONSULTANTS PARKING REQUIREMENTS AND MANAGEMENT PLAN JANUARY 31, 2008 MARCH 14 AND APRIL 10, 2008 SCOPE REVISED At Walker Parking Consultants, we achieve our project goals by the proven excellence of our people, their technical expertise, their ability to communicate and to listen, and their proficiency in managing your project. The Walker team members who will be assigned to this project are as follows: PROJECT MANAGER Steffen Turoff PRINCIPAL IN CHARGE Carolyn Krasnow, Ph.D. PARKING CONSULT Richard Raskin PARKING ANALY; Derek Adams VI. PROJECT ORGANIZATION AND STAFFING LEAD FIELD SURVEYOR Yvette Barbosa STEFFEN TUROFF............................................ Project Manager Steffen Turoff will serve as the Project Manager for the project. Steffen has been in the redevelopment and parking industries for eight years. Steffen has an M.A. in Urban Planning from UCLA, where he studied the nexus between transportation and land use, as well as parking policy, with well-known parking expert Don Shoup. Before joining Walker, Steffen worked on the redevelopment of historic buildings in Los Angeles. Since coming to Walker four years ago, he has concentrated on municipal and mixed-use studies, as well as parking policy and smart growth. Significant projects include: Pacific Beach and Commercial District Parking Policy Analysis and Management Plan, City of Santa Rosa Downtown Parking Policy Analysis, Downtown Phoenix (Copper Square) Business Improvement District Parking Policy Analysis, City of Ojai Downtown Parking Supply and Demand Study, City of Napa Downtown Parking Study, City of Sacramento Downtown 22 PROPOSAL FOR PREPAR'.fION OF PARKING STUDY WALKER PREPARED FOR CITY OF NEWPORT BEACH "FEWPARKiNGCONSUITANTS PARKING REQUIREMENTS AND MANAGEMENT PLAN JANUARY 31, 2008 MARCH 14 AND APRIL 10, 2008 SCOPE REVISED Garage Feasibility Study, City of Beverly Hills Financial and Demand Analysis for Neighborhood Parking Facility. CAROLYN KRASNOW.................................. Principal In Charge Carolyn Krasnow has been with Walker for ten years and is a Principal with the firm. She is the Director of Study Services, and directs the majority of the planning and financial studies conducted in the western U.S. As Principal -In -Charge she will serve as an advisor to the project team, providing quality control and being integrally involved in creating management recommendations. Significant projects include: City of Sunnyvale Downtown Parking Study, City of Napa Downtown Parking Study, City of San Diego Parking Demand and Financial Feasibility Analysis, City of San Clemente Downtown Parking Demand and Management Study, City of Sacramento Parking Demand and Financial Analysis. RICHARD RASKIN.......................................... Parking Operations Richard Raskin joined Walker in 2000 following a career as Director of Guest Services at a major Hotel where his duties included the operation of the valet parking department and a 500 - space self -park garage. Prior to that, Richard worked with a parking operator in Los Angeles, where he developed extensive experience with parking management, finances and equipment. Significant projects include: parking operations analyses for the Port of Oakland, the City of Modesto, the City of Tampa, the City of Raleigh, operations and PARCS implementation program for Raleigh-Durham Airport, and an on -street meter study for City of Kansas City. CURRENT WORKLOAD AND COMMITMENT WALKER provides consulting services throughout the United States. The uniqueness of each project requires the proper mix of engineers, architects, technicians, and support personnel from our firm. We have assessed the projected workload for each of the team members assigned to this project to make sure that they will have the appropriate amount of time in which to properly address your project requirements. Because of the size of our group, we have the ability to respond to unforeseen and unfortunate events such as serious illness or 23 PROPOSAL FOR PREPARftfION OF PARKING STUDY PREPARED FOR CITY OF NEWPORT BEACH PARKING REQUIREMENTS AND MANAGEMENT PLAN JANUARY 31, 2008 MARCH 14 AND APRIL 10, 2008 SCOPE REVISED accident that may remove key personnel from this project. If that occurs, we will be able to replace that team member with a person of equal or greater expertise, skills, and experience. This will minimize the downtime that would occur and allow your project and WALKER to remain on schedule. In all cases, our approach is to schedule team members that will remain with this project from beginning to end. Complete resumes are included within this section. WALKER PARKING CONSULTANTS 24 STEFFEN TUROFF PROJECT MANAGER/PARKING CONSULTANT WALKER PARKING CONSULTANTS Steffen Turoff is a consultant with Walker Parking Consultants in Burbank, REPRESENTATIVE PROJECTS: where his focus is on parking policy and planning in commercial districts and town centers. He is a member of Walker's internal Municipal Task Pacific Beach Force, whose members research the parking issues faced by cities. Steffen San Diego, CA has performed parking policy studies for a number of cities throughout Discover Pacific Beach California. His analyses frequently deal with the relationship between Business Improvement District Parking Management and Implementation parking policy and related issues such as economic development, the cost Plan and Policy Analysis of real estate, transportation alternatives and "smart growth." He also 2007-2008 works on studies for mixed-use developments, universities, airports and other land uses as well. Copper Square Business Improvement District Steffen has a Master of Arts in Urban Planning from UCLA, where he Phoenix, AZ Downtown Phoenix Partnership, Inc. studied with parking expert Professor Donald Shoup. Subsequently Steffen Parking Policy Analysis was a planning analyst at Gilmore Associates in Los Angeles, the 2006 development firm that championed the City's Adaptive Reuse Ordinance, North Park which allows for the conversion of historic buildings into multifamily uses. Commercial District, The firm is credited with sparking the residential renaissance in the City's San Diego, CA Historic Core neighborhood. Parking Policy Analysis and Community Consultation In Progress EDUCATION: Downtown Santa Rosa Master of Arts in Urban Planning, University of California, Los Angeles City of Santa Rosa, CA Bachelor of Arts, University of California, Berkeley Downtown Parking Policy and Financing Analysis ADDITIONAL: 2006 Chair, West Los Angeles Neighborhood Council Committee on Downtown Ojai Transportation, Traffic, and Development 2004-2005 City of Ojai, CA Parking Supply and Demand Analysis 2006 Pioneer Blvd Commercial District City of Artesia, CA Parking Supply and Demand Analysis 2006 Magnolia Park Neighborhood Burbank, CA City of Burbank Supply and Demand Study 2005, Update in Progress Proposed Neighborhood Parking Facility Beverly Hills, California Private Property Management and Development Firm Financial and Demand Analysis 2006 Downtown Garage Feasibility Study Sacramento, CA City of Sacramento Parking Demand and Financial Analysis 2004-2005 CAROLYN H. KRASNOW, PH.D. PRINCIPAL/DIRECTOR OF STUDY SERVICES Dr. Krasnow joined Walker Parking Consultants' Burbank office in 1997, and is the Director of Study Services within the firm's Parking Consulting and Study Services Group. She has performed more than 150 parking studies since coming to Walker, specializing in parking supply and demand studies, financial analyses, and parking management plans. Her clients have included large and small municipalities, airports, private corporations and developers, non -profits, colleges and hospitals. Her analyses have helped clients determine the best size for their parking systems, understand the finances associated with operating a parking system, and institute management procedures that help their systems run smoothly. Key projects have included master planning for Universal Studios and The Scripps Hospitals, demand and management studies for McCarran and Denver Airports, and financial studies for the City of Santa Fe and the Community Redevelopment Agency of Los Angeles. Prior to joining Walker, Ms. Krasnow taught courses on contemporary American culture at the University of Minnesota and at Dartmouth College. EDUCATION: B.A., University of Pennsylvania Ph.D., University of Minnesota PUBLICATIONS AND PRESENTATIONS: Dorsett, John and Carolyn Krasnow, "The Parking Crunch Myth", Today's Facility Manager, May 1998. Development Advisory Panel, Urban Land Institute Young Leaders Group, March 2007 Panelist, "The New Science of Parking," American Institute of Architects Los Angeles Chapter, September 2007. WALKER PARKING CONSULTANTS REPRESENTATIVE PROJECTS: Downtown Parking Study City of San Clemente, CA Parking Demand and Management Study 2003, Update 2006 Downtown Parking Analysis City of Escondido, CA Parking Demand Study 2002, Update 2005 City of Redondo Beach Redondo Beach, CA Parking Management Planning, Shared -Use Analysis 2002 Downtown Parking Study City of Sunnyvale, CA Shared Parking Analysis 2003-2004 Railyard Garage City of Santa Fe, NM Financial and Management Analysis 2003, Updates 2004, 2005 Downtown Garage Feasibility City of Sacramento, CA Parking Demand and Financial Analysis 2004-5 Downtown Parking Study City of Napa, CA Parking Demand and Management Analysis 2002, Update 2004 Civic Center Garage City of Santa Fe, NM Parking Demand Financial Analysis 2003 Parking Plan City of Carpinteria, CA Parking Demand and Management Analysis 2001 RICHARD RASKING PARKING CONSULTANT WALKER PARKING CONSULTANTS Richard joined Walker in April 2000. He had, immediately prior, REPRESENTATIVE worked for the Beverly Hilton Hotel in the capacity of Director of Guest PROJECTS: Services for the previous five years. Among his various duties of the overall day-to-day hotel management was the operation of the valet RDU Airport parking department and a 500 -space self -park garage. The valet Raleigh-Durham, NC operation was responsible for hotel guest parking, as well as valet parking Operations and Services Analysis for over 250 events a year. These events included The Golden Globe 2002 Awards, and the Carousel of Hope — the largest charity ball in the world. The valet department at the Beverly Hilton was consistently judged to be City of Raleigh one of the most courteous and efficient operations in the nation. The Raleigh, NC Supply/Demand, Operations and parking department earned in excess of $5,400,000 in annual gross Services Analysis revenue. 2003 Richard had worked for Standard Parking as a Senior Manager from Logan Airport 1991 through 1997. He ran several large office building parking Boston, MA facilities, before assuming the task of managing the valet operation, which Operations and Services Analysis numbered over 100 employees, at the Century Plaza Hotel in Los Angeles. 2003 Richard's parking experience includes: City of TampaTampa, ■ The selection and installation of parking access and revenue FL Operations and Services Analysis control systems, 2004 ■ Auditing and maintaining cash controls, ■ Preparing annual forecasts, as well as due diligences, City of Modesto ■ Personnel selection and training, and customer service Modesto, CA development Operations and Services Analysis ■ Operations analysis, 2005 ■ Facility maintenance, Port of Oakland ■ Self -park, attendant -assist and valet operating environments, Oakland, CA ■ Office, hospital, retail, hospitality and event demands, Parking Operations Analysis ■ On -street parking and enforcement; 2002 ■ Traffic flow planning. Wake County Richard's acknowledged expertise in the parking industry has led to expert Raleigh, NC Supply and Demand Study testimony engagements in a variety of legal disputes such as: parking 2002 lease interpretations, personal injury and financial loss law suits. Richard has co-authored an article on customer service as it is related to the San Diego Housing Commission San Diego, CA parking industry, and contributed a chapter about valet parking management Operations Analysis and RFP, to the International Parking Institute's parking manual, "Parking Management — 2004 The Next Level". Salem Hospital Richard has appeared as a speaker for the Association of Airport Internal Salem, Oregon Auditors and at the Parking International Exposition (P.I.E) In 2005. Supply/Demand, Operations and Services Analysis PROFESSIONAL AFFILIATIONS: 2005-6 Association of Airport Internal Auditors California Public Parking Association City of Kansas City Kansas City, KS EDUCATION: Meter Study and Analysis University of California at Los Angeles (UCLA) 2007 27 PROPOSAL FOR PREPARftnON OF PARKING STUDY WALKER PREPARED FOR CITY OF NEWPORT BEACH 40PARKING CONSULTANTS PARKING REQUIREMENTS AND MANAGEMENT PLAN JANUARY 31, 2008 We believe that the project schedule outlined in the RFP will be unattainable due to the need for extensive fieldwork, data analysis, community feedback and City/Coastal Commission meetings. Our proposed alternative schedule is shown below. Tasks 1 - 3, and 5 Corona del Mar Mariners Mile Balboa Peninsula Balboa Island West Newport Task 4: Zoning Code and Parking Standards VII. PROJECT SCHEDULE 4/1- 4/16- 5/1- 5/16- 6/1- 6/16 7/1- 7/16- 8/1- 8/16- 9/1- 9/16 10/1- 10/16- 11/1- 11/16- 12/1- 12/16 1/1- 1/16 4/15 4/30 5/15 5/31 6/15 6/30 7/15 7/31 8/15 8/30 9/15 9/30 10/15 10/30 11/15 11/30 12/15 12/30 1/15 /130 ■ m Legend: ■ = Community Meetings ■ = Meeting with City Staff = Analysis and Report Preparation = Field Work and/or Data Collection F_ = City Council and Committee Meetings. = Report Deliverables Coastal Commission Meetings ■ = City or Coastal Commission Feedback PROPOSAL FOR PREPARATION OF PARKING STUDY PREPARED FOR CITY OF NEWPORT BEACH WALKER PARKING CONSULTANTS PARKING REQUIREMENTS AND MANAGEMENT PLAN JANUARY 31, 2008 REVISED 3/14/08 We propose to provide the above-described Scope of Services on VIII. COST DATA a not -to -exceed basis as described in the following table. Our standard hourly billing rates for each team member who will be directly involved in this project are included in the table. PHASE PRINCIPAL SR. DESIGNER CONSULTANT ANALYST SURVEYOR ADMIN TOTAL CHK PA ST/RR DA YB $ 290 $ 225 $ 225 $ 185 $ 80 $ 70 Task 1 Task 1 Task 2 Task 2 Task 3 Task Task 4 Task 4 Task 5 Task 5 4 0 39 96 734 0 873 $ 1,160 $ $ 8,775 $ 17,760 $ 58,720 $ $86,415.00 3 0 37 37 0 0 77 - 4 0 20 4 0 0 28 1,160 4,500 740 - 6,400.00 8 0 72 34 4 6 124 2,320 16,200 6,290 320 420 25,550.00 0 0 231 0 0 0 231 $ - $ $ 51,975 $ $ - $ - $51,975.00 otal Hours Total Budget $ 5,510 $ $ 89,775 $ 31,635 $ 59,040 $ 420 $ 186,380 Walker will submit monthly invoices based on work completed plus reimbursable expenses. Reimbursable expenses will be billed at 1.15 times the cost of travel and living expenses, purchase or rental of specialized equipment, photographs and renderings, document reproduction, postage and delivery costs, long distance telephone and facsimile charges, additional service consultants, and other project related expenses. Payment is due upon receipt of invoice. 3TANDARD BILLING RATES~ 2008 WALKIM CONSULTING SERVICES PRINKC/P/ LS SeniorPrincipal ... ...................................... ........... ................ ............... —......................... $34O.OU Principal................ ............. ....... —....... ....... —..................................................... ........ '''$290'00 PROJECTMANA("'3EMEINIT Senior Project Manager .............................. —..................... __,.,...__,_................... ........ $255.00 ProjectManager. ....... ...................... —....... ---......................................................... —...... $225.0O Assistant Project Manager .... ...................................... .'............................... --............ ....... ..$185J]0 PAWNG CON@ULTA\NT",' Senior Parking Consultant ... --......................... ........ '--'................ —.............. $255. 00 ParkingConsultant .................... ....... —....... ----........... —............ ...... —...................... $225.00 Parking Analyst / Planner .............. ---...... ........... ......... ............................. ................ —�$18G�00 DESIGN Senior Engineer / Senior Architect ........... ....................................................... ---....... ... ---.$235.00 Engineer/AJrchitect..... .---...... ........ ...................................... .......... ....... ........... ....... ... $165.00 Designer--..------------,..--.~..~'..---_,-----------......—.---$155.00 TE CMNAC� SeniorTechniciao------........... .................................................. .................. ............. $135.00 Technician— ............... ....... ...... '—.............................. ...................................................... ..... $ 120,00 FieldAuditO[—.... ---_,...................................... _.,.,..^,^.,,.,,........................................ $85.00 SUPPORT Senior Admin Assistant / Business Mgr .............................................. ............ ........... ....... --$ 9U0 0 P43% • 37//QD • CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT "+nnn+rr Agenda Item No. 7 April 8, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Leigh M. De Santis, Economic Development Administrator, 949 - 644 -3207, Idesantis@city.newport-beach.ca.us SUBJECT: Professional Services Agreement with Walker Parking Consultants for a Parking Management Study and Parking Code Analysis RECOMMENDATION: 1. Approve the Professional Services Agreement with Walker Parking Consultants . for a not to exceed cost of one hundred ninety six thousand, three hundred eighty dollars ($196,380). 2. Authorize the Mayor and City Clerk to sign the Agreement. DISCUSSION: Background: The Strategic Plan for Fiscal and Economic Sustainability sets as its first goal the revitalization of older commercial areas. Objective 1.3 Action step 1 directs the hiring of a "parking management consultant to review and update parking standards and policies, including the potential implementation and possible impacts of market pricing; prepare a study of programs that encourage the development of shared use. parking facilities; and identify and prioritize areas where parking facilities are needed or might be needed in the near future.° Following that directive an RFP was developed and sent to four top -rated parking consultants. Two firms responded. The responding firms were interviewed by a committee consisting of two members of the City Council's Economic Development Committee, the Assistant City Manager, the Transportation Services & Development Principal Engineer, the Economic Development Administrator and the Economic Development Coordinator.. It was a unanimous decision to. select Walker Parking Consultants. LJ PSA Aer Parking Consultants April 8, 2008 Page 2 • Walker demonstrated the best understanding of the scope of work and offered an unparalleled breadth and depth of experience. Walker Parking Consultants is the largest and most comprehensive parking consulting firm in the United States. It has done numerous downtown and commercial studies and worked for a number of other beach communities. The project manager assigned to Newport Beach studied with Dr. Donald Shoup at UCLA as part of his masters program. Walker Parking wrote the update to the Urban Land Institute's landmark Shared Parking Study. Walker's expertise includes planning (shared parking, parking codes, financing, in -lieu fees, market pricing), design (lots, structures, automated garages, circulation), and operations (equipment, management). After selecting Walker, staff worked with the consultant to refine the scope of services, including public meetings, and negotiated a not -to- exceed fee of one hundred eighty six thousand, three hundred eighty dollars ($186,380) plus up to an additional $10,000 for reimburseables. Work Pro rq am: The areas to be studied, as established by the Strategic Plan, are: • Corona del Mar • Mariners' Mile • Balboa Peninsula o Balboa Village o Lido /Cannery/McFadden Square • • Balboa Island • West Newport. Staff is suggesting that the areas be looked at in the order listed for two reasons. First; so that those areas impacted the most by summer season traffic can be studied during the summer. Second, Corona del Mar has already been working on parking related issues and will be able to start the process fastest. After the first two areas are completed the orderttiming may be revisited if necessary to catch beach goers. The proposed PSA with Walker Parking Consultants is Attachment A. Incorporated into the PSA is a nine page scope of work outlining the process to be followed and the products to be produced by Walker for each area, as well as a two part approach to parking code revisions. It had been hoped that the parking management study would be completed ahead of the zoning code so that its findings could be incorporated. However, the absence of staff in economic development slowed the parking management study. Since it is now likely that the zoning code will be completed first, adjustments have been made. Walker will perform a review of the existing and draft parking code provisions evaluating them against "best practices" for parking codes, including minimum parking requirements and policies, which are appropriate to the needs of Newport Beach. Following the completion of the six area studies and based on what is learned, Walker will then revisit • the City's parking code with an eye to refining speck sections based on special 0 PSA Walker Parking Consultants April 8, 2008 Page 3 Newport Beach conditions. Three meetings are included in the scope of work for parking code issues. As regards the parking management studies, the scope of work for each area includes: • Reviewing previous studies • Inventorying parking • Reviewing parking operations data • Conducting parking counts • Evaluating conditions and making recommendations to maximize parking resources • Determining where and how to create additional parking • Developing an implementation plan The scope includes seven meetings for each study area. Staff and the consultants are proposing the creation of steering committees for each of the six areas, with 6 to 8 members maximum. Steering Committee members would be selected from area businesses, area residents, one EDC member and the City Council member for that area. In areas with a BIDs or HOAs they could be drawn from to fill the business and resident slots. The steering committees will supplement the public review process by being available for consultation between public meetings. • 1. A public kick -off to obtain community input 2. A steering committee meeting after traffic counts to present initial findings and obtain feedback 3. A meeting with staff on the first draft report 4. A second steering committee meeting to present the draft and receive feedback 5. A second public meeting to present findings and recommendations and discuss parking policy 6. A public presentation to the City Council of the final report 7. Participation in a staff meeting with the Coastal Commission to discuss recommended parking policies from the final reports. Should the City Council approve this PSA, work will begin before the end of the April. Environmental Review: Approval of the PSA is not a project as defined by CEQA. Funding Availability: Funding for this project exists' in 2720 -8080. It was one of the projects envisioned at the time of adoption of the Strategic Plan and the budget amendment of $350,000 for its • phase 1 implementation. • PSA Aer Parking Consultants April 8, 2008 Page 4 Prepared by: ,,4 Leigh M. De Santis, Economic Development Administrator Submitted by: Z'4'tir-T-- Wood, Assistant CWwanager Attachments: A. Professional Service Agreement • F- -I LJ • • PROFESSIONAL SERVICES AGREEMENT WITH WALKER PARKING CONSULTANTS FOR PARKING MANAGEMENT PLAN THIS AGREEMENT is made and entered into as of this _ day of April, 2008, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and Walker Parking Consultants /Engineers, Inc., a Michigan Corporation whose office is located at 2550 Hollywood Way, Burbank, California, ( "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 more effectively manage its parking resources and in keeping with the goals and policies of the new General Plan establish the appropriate parking requirements under the Zoning Code. C.' City desires to engage Consultant to assist with the development of comprehensive plans for the operation and possible expansion of its on- street • parking spaces and municipal off - street parking lots in each of the commercial villages, specifically the Balboa Peninsula (Balboa Village, Lido and Cannery Villages/McFadden Square), Balboa Island, West Newport Highway, Mariners' Mile and Corona del Mar. Further the City is seeking additional expertise in evaluating all off - street parking standards as part of a comprehensive rewrite of its Zoning Code to implement the new General Plan D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal members of Consultant for purposes of Project shall be Carolyn Krasnow, Ph.D., Steffen Turoff, Richard Raskin, Derek Adamas, Yvette Barbosa, Mark Linsenmayer and other members of the staff of Walker Parking Consultants as needed. 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. • b 0 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 above written date, and shall terminate on the 31t' day of March, 2009, 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 hereto 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 services under this Agreement and the services shall be performed to completion in a diligent and timely manner. The failure by Consultant to perform the services in a diligent and timely manner 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 the 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. Consultant's compensation for all work performed in accordance with this Agreement, excluding all reimbursable items and subconsultant fees, shall not exceed One Hundred Eighty -six Thousand Three Hundred Eighty Dollars • ($186,380) without prior written authorization from City. Reimbursable expenses will be billed at 1.00 times cost and shall not exceed Ten Thousand Dollars. No 2 (O • 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 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 writing 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 performed without the prior written authorization of City. As used herein, "Extra Work" means any work that is reasonably 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 as set forth in Exhibit B. 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 Steffen Turoff to be its Project Manager. 'Consultant shall not remove or reassign the Project Manager or any personnel listed herein or in Exhibit A or assign any new or replacement personnel to the Project without prior written consent of the City. • City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 3 1 0 • 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 Planning Department. Leigh M. De Santis 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 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. 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. By delivery of completed work, Consultant certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the professional standard of care. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force in effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is 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. • 4 9 • 0 9. HOLD HARMLESS is To the fullest extent permitted by law, Consultant shall indemnify and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties ") from and against 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, reasonable attorney's fees, disbursements and court costs) (individually, a Claim; collectively, "Claims"), related to any breach of the terms and conditions of this Agreement, any work performed or services provided under this Agreement (including, to the extent caused by, the willful negligence 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 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. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or • interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 5 q, 12. CITY POLICY E Consultant shall discuss and review all matters relating to policy and Project • direction with 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 hisiher duly authorized designee informed on a regular basis regarding the status and progress of the Project, 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, 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. 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 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 Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. D. Coverage Requirements. I. 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 6 Jv Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non- payment of premium) 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. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than two million dollars ($2,000,000) 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. iii. 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. • iv. 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 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. 7 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 or 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) calendar days (10 calendar days written notice of non - payment of premium) written notice has been received by City. F. 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. G. 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 the 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 cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy, 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 prior written authorization of City. • 17. OWNERSHIP OF DOCUMENTS 8 la • • Each and every report, draft, map, record, plan, document and other writing IS 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 prior 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. 18. 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 in writing the release of information. 19. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, , its agents, officers, representatives and employees against any and all 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. 20. 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 under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices 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 to Consultant under this Agreement. 9 13 0 • 21. WITHHOLDINGS City may withhold payment to Consultant 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/her 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. Consultant may withhold services if Consultant is not paid for services rendered in a timely manner. 22. 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 the law or any other sections of this Agreement. 23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS • City reserves the right to employ other Consultants in connection with the Project. 24. 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 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 immediate 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. 25. 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 10 }`� 0 0 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: Attn: Leigh M. De Santis Planning Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 Phone: 949 -644 -3207 Fax: 949 - 644 -3224 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: Steffen Turoff Walker Parking consultants 2550 Hollywood Way, suite 303 Burbank, CA 91505 Phone: 818- 953 -9130 Fax: 818 - 953 -9331 26. 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, and thereafter diligently take steps to cure the default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the .right, at its sole discretion and without cause, of terminating this Agreement at any time 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, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 27. 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 11 (5 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, rules, regulations and permit requirements and be • subject to approval of the Project Administrator and City. 28. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 29. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 30. 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. 31. INTERPRETATION • The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 32. 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. 33. 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. 34. 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. 12 J('P • • 0 35. 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 for the City of Newport Beach ATTEST: LaVonne Harkless, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation By: Mayor for the City of Newport Beach CONSULTANT: M_ (Corporate Officer) Title: Print Name: By: (Financial Officer) Print Name: Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates F:luserslcat\ shared\ ContractTemplatesPublishedonlntranet \FORM —Professional Service Agreement.doc Rev: 05.02 -07 13 ►1 PROPOSAL FOR PREPARATION OF PARKING STUDY PREPARED FOR CITY OF NEWPORT BEACH WALKER 0 `'R04G CONMAHM • PARKING REQUIREMENTS AND MANAGEMENT PLAN JANUARY 31, 2008 MARCH 14, 2008 SCOPE REVISED SCOPE OF SERYICESz TASK ONE: PARKING MANAGEMENT ANALYSIS AND RECOMMENDATIONS 1. Meet with City staff to finalize project parameters, discuss background issues related to the project area, and obtain previous studies, documents and other data regarding the study areas including the 2006 General Plan. Previous studies and data may also include the necessary data available from the City's parking meters and PARCS (parking access and revenue control) equipment where available within the study areas. (Meeting 1) 2. The following items in Tasks One through Tasks Three will be performed separately for each of the following five study areas. The exact areas will be defined in more detail during public meetings, but roughly defined as: A. Corona del Mar — along Coast Highway from Avocado Avenue to Poppy Avenue, including the residential areas one block west of Coast Highway and two blocks east of Coast Highway. B. Mariner's Mile — along Coast Highway from Newport Avenue to Dover Drive, including the residential street located within one block (north) of and above Coast Highway in the western part of Mariner's Mile. C. Balboa Peninsula — the entire area referred to as "the Fish" including McCadden Square, Cannery Village, Lido Village as well as potential parking "spillover' areas within one block of "the fish." Also the McFadden Beach Lots and Balboa Village and potential parking "spillover" areas within one block of these locations. D. Balboa Island E. West Newport — along Coast Highway from the Huntington Beach city line to Balboa Blvd, including ungated residential streets within one block of Coast Highway. 3. Inventory the parking supply located within the areas of study. The parking inventory will include: In keeping with the format of the RFP, we do not include meetings with City staff within Tasks 1 — 4, but instead include all public meetings • together in Task 5. 13 'a i F- -I i-J i 0 PROPOSAL FOR PREPARATION OF PARKING STUDY PREPARED FOR CffY OF NEWPORT BEACH PARKING REQUIREMENTS AND MANAGEMENT PLAN JANUARY 31, 2008 MARCH 14, 2008 SCOPE REVISED • On street spaces in commercial and recreational (primarily beach) areas • On street spaces in residential areas located adjacent to commercial and recreational areas • Public off- street spaces • Private non - residential off - street parking facilities' • Indication of time restrictions, user restrictions, hours of operation, and rates. A. Review parking operations data provided by the City to understand utilization patterns including: A. the peak parking occupancy rates for the City's public parking facilities B. trends in parking facility occupancy including peak months for parking demand, provided that data is available from parking access equipment to do so. C. the length of stay and rate of turnover of cars parked in selected public parking facilities. 5. Conduct parking occupancy counts of the spaces inventoried in Item 2 for which operations data cannot be used to determine the peak parking demand on the design day (such as public on- street spaces).' These occupancy surveys will be conducted on one weekday and one weekend day, to be determined in conjunction with City staff. Counts are expected to take place four times throughout the day at 10:00 AM, 12 :00 noon, 2:00 PM, and 7:00 pm unless City staff in consultation with local represents determines that other hours would provide better snapshots of parking demand peaks and patterns. ' It should be noted that some private parking facilities and spaces may not be available to the public and /or inaccessible to Walker survey staff. Walker staff will make every reasonable effort to count all private, non - residential spaces in the designated study areas but will note parking facilities that are not accessible when counting spaces. ' In many cases, we assume a larger number of blocks than is indicated within the .sub-area' maps within the City's General Plan. We do so in order to survey parking occupancies along the Itypically residential) blocks located adjacent to these commercial districts and the beach areas_ Should we be requested to study a significantly forger or smaller area than assumed for the proposal, we would adjust our scope and fee accordingly. 10 WALKER enwcc uv '14 iq • 0 PROPOSAL FOR PREPARATION OF PARKING STUDY PREPARED FOR CITY OF NEWPORT BEACH WALKER ° INGCO SM 4M • PARKING REQUIREMENTS AND MANAGEMENT PLAN JANUARY 31, 2008 MARCH 14, 2008 SCOPE REVISED 6. If counts are conducted during an off -peak month, make adjustments for seasonality to project results for peak months of the year. 7. Using a license plate inventory method (LPI), measure the length of stay of porkers in public parking spaces in selected parking spaces in each of the study areas on one day selected in consultation with City staff. LPI surveys will either be of entire blocks for on- street parking spaces or of parking facilities containing significant (i.e. recommended no less than 40 spaces for off - street spaces) in order to maximize the number of cars that can be counted. 8. Review the parking pricing policies (including hourly fees) for public parking in effect in Newport Beach and at five comparable cities in the region. 9. Combine the parking occupancy rates obtained using City operations data with those obtained through on- street occupancy counts in order to determine parking occupancy rates at designated hours throughout the design day. 10. Create a map of each of the study areas that shows peak -hour • parking demand on a block-by-block (and lot- by-lot) basis for the existing conditions observed! 11. Determine the extent to which general or localized parking shortages currently are occurring in commercial and recreational as well as residential areas. 12. Using the Walker Shared Parking modeling process, project the amount of additional parking demand that is expected to occur based on future growth projections and program data for new development planned for the areas of study. Growth projections and program data on new development will be provided by City staff. 13. Combine the projected additional demand for parking resulting From new development and intensification of existing land uses to the existing parking demand observed during occupancy counts in order to determine the demand for parking spaces on the determined design day, up to seven years in the future. The modeling process may include breakdowns into subareas s Such information will be demonstrated for private parking facilities to the extent possible, but may be limited should less data • be available for private facilities. 15 �6 1�1 • 0 0 PROPOSAL FOR PREPARATION OF PARKING STUDY PREPARED FOR CITY OF NEWPORT BEACH PARKING REQUIREMENTS AND MANAGEMENT PLAN JANUARY 31, 2008 MARCH 14, 2008 SCOPE REVISED (to be determined through discussion with City staff), so that localized surpluses or shortages can be evaluated. IA. Review the City's and Coastal Commission's existing policies regarding the establishment and operation of residential parking permit districts. 15. In light of the Findings from items 1 — 12, the goals of the General Plan, and existing parking policies evaluate current parking conditions and make recommendations for the purpose of maximizing the efficiency of the nonresidential parking supply while, to the extent legally and practically possible, minimizing parking impacts on residential streets located in close proximity to commercial and recreational areas. Recommendations will be made in the areas of: A. Parking fees, including market rate pricing for the purpose of managing parking demand and maximizing the efficiency of the parking system. B. Structuring rates based on location and associated level of demand. C. Structuring rates based on peak seasons, days and time of day. D. Hours in which parking fees and parking regulations should be in effect. E. Time limits. F. Appropriate parking technology for the purpose of effectively implementing policies.° G. Residential parking permit policies, districts and programs. H. Residential and commercial parking benefit districts. I. Other appropriate parking tools and parking management strategies. Discussions of parking technology and equipment will include general recommendations only and will not go into details with regard to cost or installation. 0 16 �k PROPOSAL FOR PREPARATION OF PARKING STUDY PREPARED FOR CITY OF NEWPORT BEACH PARKING REQUIREMENTS AND MANAGEMENT PLAN JANUARY 31, 2008 MARCH 14, 2008 SCOPE REVISED TASK TWO: PUBLIC PARKING SUPPLY AND NEEDS 1. Based on the findings from items 1 — 12, the projected efficiencies from policies discussed per item 13, and the goals of the General Plan, quantify the amount of any parking surplus or deficit in each of the study areas. 2. If a parking deficit exists or is projected to occur in the future, determine whether or not the deficits warrant the creation of additional parking facilities, including parking structures. 3. If it is determined that additional parking facilities are warranted, discuss available options for financing new parking. Options will include parking revenue from parking system users, in lieu fee programs, public - private partnerships and other alternatives. A. Evaluate the City's current in lieu fee program and discuss considerations for setting rates. 5. Technical Memorandum: For each of the five study areas, prepare a separate draft technical memorandum outlining parking demand and management study findings and recommendations, covering Tasks 1 and 2 above. 6. Incorporate one consolidated set of comments from City staff into each draft technical memorandum to create a final Technical Memorandum, which will be incorporated as the first section into a final report_ TASK THREE: IMPLEMENTATION PLAN 1. Prioritize the recommendations made in Tasks 1 and 2 above based on maximizing the efficiency of parking spaces, using a cost benefit approach and other approach as appropriate. Discuss the timing of how recommendations should be implemented in terms of whether recommendations should be made piecemeal, sequentially or concurrently. 2. Discuss the advantages and disadvantages of implementing policies one -byone in each study area. 3. If a market based parking pricing policy is recommended, outline policies and procedures necessary to establish an effective pilot program in two of the study areas. • WALKER vNeaNSax+aaurars • • U Aa PROPOSAL FOR PREPARATION OF PARKING STUDY . PREPARED FOR CITY OF NEWPORT BEACH PARKING REQUIREMENTS AND MANAGEMENT PLAN JANUARY 31, 2008 MARCH 14, 2008 SCOPE REVISED TASK FOUR: ZONING CODE — PARKING STANDARDS 1. Discuss "best practices" for parking codes, including minimum parking requirements and policies, which are appropriate to the needs of Newport Beach. The study will use the following resources: A. Parking generation rates for stand alone and shared land uses, using data contained in Walker Parking Consultants' Shared Parking Model and adjusted for the specific conditions in each of the study areas. B. An examination of five cities selected in consultation with City staff and deemed reasonably comparable to Newport Beach. C. A review of literature, case studies and other discussions of best practices regarding parking codes. D. A review of the parking standards contained within Newport Beach's zoning code and recommendations for • changes. 2. As part of the analysis of best practices discussed in item 1 above, evaluate specific policies with regard to how parking requirements are determined for private properly, particularly with regard to the sharing of parking for the purpose of maximizing parking efficiencies and eliminating the overbuilding of parking as much as possible. This analysis would include an evaluation of: A. New land use designations, particularly in mixed use areas, using shared parking concepts. B. Whether different policies regarding the City's providing public parking could allow for a reduction in off-street requirements. C. Whether private property owners should be given the option of paying a fee in lieu of providing off- street parking spaces. D. The policy objectives that must be considered when determining how in-lieu fees are set. E. Whether a policy of allowing on street spaces to "count" when determining the number of spaces required for new uses is reasonable in all, some or no instances. F. • Whether it is reasonable to eliminate all minimum parking requirements for some land uses or locations. 0 WALKFIR M 2 Z PROPOSAL FOR PREPARATION OF PARKING STUDY PREPARED FOR CITY OF NEWPORT BEACH WALKER P'MMIr, CONSrAM$ • PARKING REQUIREMENTS AND MANAGEMENT PLAN JANUARY 31, 2008 MARCH 14, 2008 SCOPE REVISED G. Whether maximum parking requirements are productive. H. The advantages and disadvantages to designating some parking spaces for car sharing programs, alternative fuel vehicles, or allowing bicycle parking spaces to meet minimum parking requirements. 3. Prior to the completion of the parking inventory and supply analysis described in Tasks One and Two, prepare an initial technical memo which contains an evaluation of the City's parking codes and policies based on the discussion included in items 1 and 2 (Task Four) above_ A. Upon the completion of Tasks One and Two, update the initial evaluation of the parking code using the findings from the parking inventory and supply analysis, in order to create a draft of a comprehensive Parking Policy and Management Plan for the City of Newport Beach. 5. Submit draft report for review by the Coastal Commission and obtain one set of consolidated comments from the Commission • for the purpose of revisions. 6. Submit revised (per the Coastal Commission) draft report to the City for review. 7. Incorporate one consolidated set of comments from City staff into the draft report in item 6 above to create a final comprehensive Parking Policy and Management Plan for the City. • 3 A 0 • • PROPOSAL FOR PREPARATION OF PARKING STUDY ( WAUUM PREPARED FOR CITY OF NEWPORT BEACH "sr""GcomwNes PARKING REQUIREMENTS AND MANAGEMENT PLAN JANUARY 31, 2008 I MARCH 14, 2008 {II SCOPE REVISED TASK 5: PUBLIC MEETINGS AND WORKSHOPS (Underlined items indicated revised scope in Task 5.) Items 1 — 7 below include seven meetings For each of the five total of 35 meetings, for the purposes set out below. One kick off meetina with the ayblic will be held-for each study area for the ouraose of obtoinina the community input. Some specifics may include parking_pgtterns within the communiy including_ A. times and locations of peak and impacted demand for ggrking B. identifying the Rarking _characteristics of the various parking user groups including customers, residents. and employees C. issues of parking "spillover r demand D. identifying the design day for which the parking system should accommodate demand 2. One meetina with the steerina committee selected for each of the study areas, including representatives of the Economic Development Committee and General Plan Land Use and Circulation Plan Committees. This meeting will be held following Walker's counts of parking inventories and occupancies for the study area. The meeting will be used to present initial findings from the aarking counts, and obtain feedback on findings from members of the steerina committee. 3. One meeting with Ciy staff to discuss findings and proposed recommendations contained in a draft report memorandum. which will be submitted to staff prior to the meeting. A. A second meetina with the steerina committee for the purpose of presenting the recommendations for addressing parking issues contained in the draft report memorandum. The meeting will be used to receive feedback on recommendations and discuss oarkina oolicv and olonnina issues. as well ',25 0 PROPOSAL FOR PREPARATION OF PARKING STUDY PREPARED FOR CITY OF NEWPORT BEACH PARrJNG REQUIREMENTS AND MANAGEMENT PLAN 5. A second meeting with the public presenting findings and recomme parking policy and planning issues before creating o final report. JANUARY 31, 2008 MARCH 14, 2008 SCOPE REVISED for the purpose of ndations. discussing and finolizing inRut 6. One meeting, including a presentation of findings and recommendations from the finalized report, before the Newport Beach City Council. 7. One meeting with the California Coastal Commission to discuss the recommended parking policies contained in the final rel2ort. 8. Up to three meetings with Ciy staff. community and /or the Council with regard to recommended zoning code changes and /or the City's parking in lieu fee program. Meeting; separate from those included in items 1 — 7 above will be billed separately (see fee schedule), E wAE.MER rccornwruns • r1 LJ • 0 E PROPOSAL FOR PREPARATION OF PARKING STUDY PREPARED FOR CITY OF NEWPORT BEACH PARKING REQUIREMENTS AND MANAGEMENT PLAN JANUARY 31, 2008 We believe that the project schedule outlined in the RFP will be unattainable due to the need for extensive fieldwork, data analysis, community feedback and City/Coastal Commission meetings. Our proposed alternative schedule is shown below. 1] WALKIER PAPJC240 CONSLIUMM VII. PROJECT SCHEDULE Tasks 1 -3, and 5 4/1- 41165/1- 5/166/1- 6/167/1- 7/16B11- 8/16911- 9/16 1011- 10/1611/1- 11/1612/1- 12/161/1- 1/16 4115 4/30 5/15 5/31 6/15 6/30 7115 7/31 8/15 8/30 9115 9/30 10/15 10130 11 /15 11130 12/15 12/30 1/15 /130 Carona del Mar -. Mariners Mile = _ Balboa Peninsula Balboa Island ■ West Newport Task 4: Zoning Code Standards and Parking ■ ' i".l7■ . j >.'j .: Legend:. = Community Meetings = Analysis and Report Preparation ■ = Meeting with City StalF ® - Field Work and /or Data Collodion ® = City Councll and Comminee Meefi4M - Report Deliverables ® = Coastal Commission Meetings ` - City or Coostal Commission Feedback • h + I' off' PROPOSAL FOR PREPARATION OF PARKING STUDY PREPARED FOR CITY OF NEWPORT BEACH PARKING REQUIREMENTS AND MANAGEMENT PLAN JANUARY 31, 2008 REVISED 3/14/08 We propose to provide the obovetlescribed Scope of Services on a not -to- exceed basis as described in the following table. Our standard hourly billing rates for each team member who will be directly involved in this project are included in the table. 0 PAR?" PAILKIER Vlll. COST DATA PHASE PRINaPAL SR. DESIGNER CONSULTANT I ANALYST SURVIYO ADJMN TOTAL $ 1,160 CHK PA ST/RR I DA I YB $86,415.00 3 0 $ 2901$ 22S I$ 2251$ 18S l$ 801$ 70 Task Task 1 Task 2 Task 2 Task 3 Task Task 4 Task 4 Task 5 Tasks 6 73A 0 873 $ 1,160 S $ 8,775 $ 17,760 $ 58,720 $ $86,415.00 3 0 ---3T— 37 0 0 4 20 0 0 28 1,160 ,5 740 6, .00 8 0 72 34 4 124 2,320 16,200 6729 320 420 25 550.00 0 0 231 0 0 0 231 $ I $ 1 $ 51,9751$ $ $ $51,975.00 olo olal Bud $ 5,510 $ $ 89,775 1 $ 31,635 1 $ 59,040 1 $ 420 3 786,380 Walker will submit monthly invoices based on work completed plus reimbursable expenses. Reimbursable expenses will be billed at 1.00 times the cost of travel and living expenses, purchase or rental of specialized equipment, photographs and renderings, document reproduction, postage and delivery costs, long distance telephone and facsimile charges, additional service consultants, and other project related expenses. Payment is due upon receipt of invoice. ON F-1 LJ n L� E • • 0 STANDARD BILLING RATES - 2008 WAI JCM CONSULTING SERVICES PAM3 GCONSL4tWS PRINCIPALS Senior Principal ................. Principal ............................... PROJECT MANAGEMENT Senior Project Manager..... Project Manager ................ Assistant Prcjed.Manager. PARKING CONSULTANTS Pettft Analyst l Planner .......... ............................... T>r ie r rr r rr .............. $255.00 'vr rr 0 .... I .............. 255.00 ...... :.: ...... ... $125:00 .........:........ $185.0 Seciiel 6inel SeniorArehit ........ : ................................. .................................... .............. ttgin1At iiteet .........................................................:................................. .........................$14W,00 l3igr> �t ..:....... .............. ........................ ........................ .. ....................................................... .... $155..00 TECHNICAL Sof ii r .......:.......... ............ ;,............. , ............. ,...................................... 1 ...... .... ....... 4 136.00 1; O7. .............................................._.....:................. .,............................. ...,..,................$.120:00 FlstdAtita....._ ................................:.....:............:...................................... ..................:.:......:... $ e5.110 SOPP?RT t}iar Pt�nNltant I:Btw:mess I�Agr Adm9nisf a tveAssistard ............ : ......... . Subject to annual agust >errt en January i each year sr e•e 1 99 d1J