HomeMy WebLinkAboutC-4048 - PSA for Consulting Services for Direct Transit Connections with Metrolink to JWAa C -�w
PROFESSIONAL SERVICES AGREEMENT WITH
LANDRUM S BROWN, INCORPORATED
FOR CONSULTING SERVICES FOR
DIRECT TRANSIT CONNECTIONS WITH METROLINK TO JWA
THIS AGREEMENT is made and entered into as of this 15th day of March, 2008, by
and between the CITY OF NEWPORT BEACH, a Municipal Corporation C'City"), and
LANDRUM & BROWN, INCORPORATED, an Ohio Corporation, whose address is
11279 Cornell Park Drove, Cincinnati, Ohio, 45242, ("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 tow
being conducted under the statutes of the State of Catifomaa and the Charter of
City.
B. City has entered into an OCTA "Go Locar grant program as the Lead Agency in
cooperation with the City of Costa Mesa to analyze direct transit connections to
Metrolink as a potential convenient means to access John Wayne Airport.
C. City desires to engage Consultant, a professional aviation consulting firm, to
perform vary consulting and planning services in connection with the analysis of
John Wayne Airport aviation passenger demand, transit alternatives between
Metrolink and John Wayne Airport, Airport- Transit financial and operational
analysis of airport passenger/ employee activity and transit ridership potential
D. Consultant possesses the skill, experience, ability. badVound, ce tion and
knowledge to Provide the services described in this Agreement.
E. The principal member of Consultant for purposes of Project shall be Peggy
Ducey.
F. City has solicited and received a proposal from Gonsukant, has reviewed the
Previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM
The than of this Agreement shall commence on the above written date. and shall
terminate on the 31st day of December, 2008, 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 shag be performed to completion in a diligent and tirraely 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 COnsuftarWs 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 tarns 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 shag 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 lump sum basis in accordance with
the provisions of this Section and the Schedule of Compensation attached
hereto as Exhibit 8 and incorporated herein by reference. ConsuttarWs
compensation for all work performed in accordance with this Agreement,
including all reimbursable items and subccxsuttant fees, stag not exceed Two
Hundred Thousand Dollars and not100 ($M,O00) without prior written
authorization from City.
4.1 Consultant shag submit invoices to City describing the specific task on the
Schedule of Compensation completed. Consultant's bills shag include the
name of the person who performed the worts, a brief description of the
services performed and/or the specific task in the Scope of Services to
which it relates and a description of any reimbursable expenditures. City
shag pay Consultant no later than thirty (30) days after the specific task is
completed and approval of the invoice by City staff.
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6.
6.
4.2 City shall reimburse Consultant only
specifically approved in this Agreement,
in advance by City. Unless otherwise
limited and include nothing more than
Consultant
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for those costs or expenses
or specifically approved in writing
approved, such costs shall be
the following costs incurred by
A The actual casts 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.
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 authorbmftn of City. As used herein. Extra
Worth means any work that is determined by City to be necessary for the
proper completion of the Project but which is not included within the
Scope of Services and which the parties did not reasonably anticipate
would be necessary at the execution of this Agreement
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 Peggy Day to
be its Project Manager. Consultant shall not remove or reassign the Project
Manager or any personnel listed in Exhibit A or assign any new or replacement
personnel to the Project without the prior written consent of City. City's approval
shall not be unreasonably withheld with respect to the removal or assignment of
nonacey personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
ADMINISTRATION
This Agreement will be administered by the Public Work's DePar6nent Tany
EMne 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 shag represent City in all matters pertaining to the services to be
rendered pursuant to this Agreement.
KI
7. CI1YS RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in ConsulianYs
work schedule.
B. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
8.1 Ail of the services shall be performed by Consultant or under Consultarrfs
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 an services in a manner
commensurate with community professional standards. AN 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 coriorns to
the requirermerrts of this Agreement and all applicable federal, stage and
local laws and the professional standard of care.
8.2 Consultant represents and warrants to City that it has, shall obtain, and
shag 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 shag 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 lo 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 Consuttanrs
work promptly. or delay or faulty performance by City, contractors. or
governmental agencies.
9. HOLD HARMLESS
To the fullest extent permitted by low, Consultant shag indemnify, defend and
hold harmless City, its City Council, boards and commissions. Officers, agents,
volunteers, and employees (collectively, the "Indemnified Parties') from and
against any and all claim (including, without gmitation, 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 lanitattion, attorney's tees, disbursements and court
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costs) of every kind and nature whatsoever (individually, a Claim; collectively,
"Claims "), which may arise from or in any manner relate (directly or indirectly) to
any breach of the terms and conditions of this Agreement, any work performed
or services provided under this Agreement including, without limitation, defects in
workmanship or materials or Consultant's presence or activities conducted on
the Project (including the negligent and/or willful acts, errors and/or omissions of
Consultant, its principals, officers, agents, employees, vendors, suppliers,
consultants, subcontractors, anyone employed directly or indirectly by any of
them or for whose ads 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 ftom the
sole 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 terns 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.
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 Consultants 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 dirt 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 worts closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or
interest in the worts to be performed. City agrees to cooperate with the
Consultant on the Project.
GY7t•D J MLCaI 1
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.
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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 shad 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 Certikates 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 conmmenoement 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. A person authorized by
behalf shall sign certification required policies.
C. Acceptable Insurers. AN insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of Cafifomia, with an
assigned policyholders' Rating of A (or higher) and Financial Size
Category Gees VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
Workers' Compensation Coverane. Consultant stall 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 time State of California for all of the subcontractor's
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days (10 calendar days written notice of non-
payment of premium) prior to such change. The hisurer shall agree
to waive all rights of subrogation against City, its officers, agents,
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employees and volunteers for losses arising from work perforated
by Consultant for City.
ii. General Liability Coverage. Consultant shag maintain commercial
general gaWfity insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. if commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shag 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 shag 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 occu enoe.
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 mdk m dollars
($1,000,000).
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11 T#T7, MP 797771-1 L71
i. The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with
respect to lability arising out of work performed by or on behalf of
the Consultant
ii. This policy shag 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, shag be considered excess
insurance only and not contributory with the insurance provided
hereunder.
iii. This insurance shag ad 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.
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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. Trm k Notice of Claims. Consultant shall give City prompt and timely
notice of clam made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
G. AddMonal 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 Consutant, 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 -fire 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
per%rmed under this Agreement without the prior written authorization of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, Dian, document and other writing
produced (hereinafter *Documents), prepared or caused to be prepared by
Consultant, its officers, employie", agents and subcontractors, in the course of
implementing this Pgreement, shall become the exclusive property of City, and
City shall have the sale right to use such materials in its discretion without further
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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
Consultants 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.
AN 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 INDEMAfiTY
The Consultant shall defend and indemnify City, its agents, officers,
representatives and employees against any and all liability, including coats, for
infringement of any United States' letters patent, trademark, or copyright
infringement, including costs, contained in Consultants 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 low. from the date
of final payment to Consultant under this Agreement AN 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 act 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.
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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.
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 shag 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 matting, or participating in making, decisions that will foreseeably
financially affect such interest.
If subject to the Act, Consultant shag 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 shag indemnify and hold
harmless City for any and all claims for damages resulting from Consultants
violation of this Section.
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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
in the United States mail, postage prepaid, first -class mail, addressed as
hereinafter provided. All notices, demands, requests or approvals from
Consultant to City shag be addressed to City at
Attn: Tony Brine
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949-6443311
Fax. 949-644 -3318
All notices, demands, requests or approvals from CITY to
Consultant shall be addressed to Consultant at:
Attn: Dennis E. Peters, CFO
Landrum & Brown
11279 Cornell Park Drive
Cincinnati, OH 45242
Phone: (513) 530 -5333
Fax (513) 530 -1278
dpeters(a) land rum- brown. com
With a copy to:
Jeffrey N. Thomas
10730 Stubbs Lane
Culver City, CA 90230
PHONE #310 - 838 -9448
FAX #310 - 838 -2274
EMAIL: jthomasOlandrum- brown.com
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 shag 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 dgigerdly take steps to cure
the default, the non-defeulting party may terminate the Agreement fortlwAth by
giving to the defaulting party written notice thereof.
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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 govemmental entities, including
federal, state, county or municipal, whether now in farce or hereinafter enacted.
In addition, all work prepared by Consultant shall conform to applicable City,
county, state and federal laws, n**, 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 tern, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or arty 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 pmfth y 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 attacdvnwts 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 shalt 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
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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 hell 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.
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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:
C
Aaroln C. Harp
Assistant City Attorney
for the City of Newport Beach
ATTEST:
By:
j('aq�Oe7"� n 14'-'4'&�
La onne Harkless,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
By:
-Wo-mer Bludau, eity Manager
for the City of Newport Beach
CON
/ Pre ident
ndrum & Brown
By: J� 69
Dennis E. Peters,
CFO/ Treasurer
Landrum & Brown
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Compensation
F:\Users\CAT\Shared\AG\NBCM OCTA Landrum&Brown.doc
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EXHIBIT A
PROJECT SCOPE OF WORK
This Exhibit A is attached to and incorporated into this AGREEMENT made this 15"'
day of March, 2008 by and between CLIENT and L &B.
L &B agrees to perform the services outlined as L &B's responsibility on the Scope of
Work attached hereto and incorporated herein.
TASK 1. Potential Passenger Demand Analysis: The feasibility of
establishing a Metrolink rail connection into JWA relies primarily upon sufficient
demand from current and future JWA passengers that have ready access to Metrolink
service (stations). Although sufficient air passenger demand for JWA itself is not a
significant issue, a connection between JWA and Metrolink could reduce traffic on
highways and major arterials around JWA. However, given JWA's capacity
constraints, it is unlikely that passengers using other So Cal airports could be
encouraged to use JWA. It will be necessary to determine ridership projections,
based on an evaluation of airport passengers from the existing JWA surveys and
employees from airport zip code data.
Analyze existing data from the latest JWA Passenger Survey to determine the geographic
distribution of JWA passenger origins and destinations in Orange County at the zip code
level and forecast future distribution patterns for two horizon years (2015 and 2025) as a
basis for critically evaluating the market demand for a transit link between JWA and
Metrolink. This assumes that the survey identified the home address and local address for
each passenger and provided the primary reason(s) that the passenger used JWA. These
addresses need not be exact mailing addresses but should be identifiable at the zip code
level. If the survey database is not geo -coded (local origin zip code identified) for each
survey record, considerable extra time will be required to perform this step. Because the
survey asked the key local origin question in a rather ambiguous way ( "What is your zip
code ?), a correlation analysis will be performed among the response to this question, home
zip code, work zip code, and trip purpose.
Our analysis will involve:
• Identifying the airport's service area, in particular high density areas;
• Identifying the distribution of airport employee's home zip codes;
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• Correlate the local addresses of passengers and employees to the
existing and planned Metrolink stations;
• Correlate trip origins with point of origin and place of work;
• Evaluate trip characteristics to the extent they may impact willingness
to substitute private automobiles for rail; and
• Optional forecasts of demand for two future years (2015 and 2025) will be
developed using available socio - economic forecasts. These socio- economic
forecasts, particularly population, will be used to identify expected growth
patterns within the County. Using JWA's current aviation activity forecast,
estimates of passengers and employees in the potential rail ridership zones will
be developed.
Maps showing a breakdown of local origins by zip code shall be produced to define
the local catchment area for passengers and employees. An executive summary
level report with presentation quality tables and graphic /charts will be prepared
that summarizes the analysis of the survey data.
a. Develop preliminary estimates of existing 2007 baseline transit connection
ridership potential of current JWA employees and passengers identified to
estimate potential utilization of a transit connection to Metrolink. This analysis will
compare travel times from local origin /home to JWA using the current ground
modes to travel times with a potential rail option to access JWA. Travel times will
be developed using the Orange County ground transportation model (if available),
or Landrum & Brown's proprietary model can be adapted to Orange County. A list
of criteria, not only based on travel time, will be developed to determine the
potential pool of passengers and employees that are most likely to considered in
the ridership count.
b. Develop preliminary forecasts of future ridership for two horizon years (2015
and 2025) for both Orange County aviation passengers and JWA airport
employees.
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Task II: Stakeholder Dialogue and Financial Analysis
a. Stakeholder Dialogue
1. Attend key meetings with Consultant Team, OCTA staff and
Board /Committee meetings, JWA/County of Orange staff, and other
public agency representatives that may be affected by the Go Local
JWA- Transit study.
2. Interface with community groups, as necessary, to assess opposition,
support, or concerns regarding transit connections into JWA.
b. Air - Transit Financial and Operational Analysis
1. Evaluate financial and operational performance of successful air - transit
projects to determine financial requirements, revenue opportunities,
financing mechanisms, and passenger demand statistics.
2. Evaluate nine successful air - transit projects to determine successful
practices, operational and financial obstacles, and mechanisms for
financing the system.
3. Determine similarities and differences between successful air - transit
projects and the Metrolink -JWA air - transit project. Identify key
stumbling blocks that may prevent successful implementation of air-
transit service for JWA.
Task III: Transit Alternatives Analysis
a. Evaluation of Transit Alternatives between Metrolink and JWA,
including Rubber Tire /Mixed Flow /Express Bus Services; and Fixed
Guideway
1. Coordinate with cities of Irvine, Tustin, Santa Ana, and Anaheim to
evaluate current transit planning activities from key Metrolink stations to
JWA, and determine applicability /significance to JWA- transit study.
2. Identify and evaluate planned or proposed bus service from targeted
Metrolink stations to JWA.
3. Review and analyze current City of Irvine study for rubber tire circulator
system for the Irvine Business Complex.
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4. Review and analyze current City of Irvine's Fixed Guideway project,
including alignment, proposed technology, passenger demand, and
potential interface with JWA.
b. For targeted Metrolink stations without current plans or studies for a JWA
connection, gather data and perform a preliminary analysis for bus or shuttle
service.
1. Through meetings with Metrolink and Amtrak staff, evaluate latest
operating plans and preliminary schedules based on Metrolink's "30-
minute headway" service levels.
2. Determine travel times from Irvine, Tustin, Santa Ana Metrolink
stations and Anaheim (ARTIC) to JWA for both peak and off -peak
travel times. Travel time data will be determined through current
city studies, if available, or by driving each potential route (peak and
off -peak routes may be different) several times. Input from city
traffic engineers will also be solicited to determine and /or confirm the
best routes to use and their travel times.
3. Evaluate the ability of each station to handle boarding /alighting of a
dedicated Metrolink -JWA bus shuttle, possible bus layover space,
driver conveniences, and passenger amenities.
4. Obtain current bus -mile and bus -hour operating costs from OCTA
and Irvine for the type of bus that would be suitable for this type of
service. This information will be used to project the annual operating
and maintenance (O &M) costs for any dedicated bus service that
might be proposed.
C. Propose Potential Point -to -Point Metrolink -JWA Bus Service(s)
and Estimate O&M Costs
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EXHIBIT B
CONSIDERATION
i
This Exhibit B is attached to and incorporated into this AGREEMENT made this 18th
day of March, 2008 by and between CLIENT and L &B.
CLIENT agrees to pay L &B an amount not -to- exceed Two Hundred Thousand dollars
($200,000) to cover fees and expenses incurred in performance for the services
rendered in accordance with Exhibit A, PROJECT attached to this AGREEMENT.
Payment will be made by CLIENT for the Lump Sum Amounts per Task specified
below to be invoiced by L &B upon completion of each Task.
• Task la - Define existing 2007 baseline distribution of JWA employees and
local O &D passengers at zip code level from JWA passenger surveys and
forecast future distribution patterns for two horizon years (perhaps 2020 and
2030)
Cost: $66,000
• Task lb - Estimate existing 2007 baseline transit connection ridership
potential of current JWA employees and passengers identified in Task 2a and
forecast future ridership potential for two horizon years (2015 and 2025)
Cost: $49,000
Task 2a & b- Stakeholder Outreach and Dialogue
Cost: $65,000
Task 3 - Transit Alternatives Analysis
Cost: $20,000
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EXHIBIT C
INSURANCE
This Exhibit C is attached to and incorporated into this AGREEMENT made this 18th
day of March, 2008 by and between CLIENT and L &B.
L&B shall obtain and maintain continuously in effect at all times during the term of
this AGREEMENT, at its sole cost and expense, to protect CLIENT and its respective
employees, agents and representatives from any and all liabilities and claims, the
following types of insurance:
(a) Workers' compensation insurance, insuring against any applicable
Workers' Compensation acts, laws or regulations and any liability or
claims for damages, personal injury, damages to property or death
arising in any manner from the negligence or failure to act by L &B, its
employees, agents and representatives in the performance of the
professional services covered by this AGREEMENT.
(b)Professional liability insurance of not less than Two Million Dollars
($2,000,000) insuring against any liability which may occur by reason
of any errors, omissions or negligent acts of L&B's employees in the
performance of professional services under this AGREEMENT.
(c) Comprehensive general liability insurance, auto liability insurance, and
property damage insurance in an amount not less than Two Million
Dollars ($2,000,000) insuring against any liability or claims arising due
to the negligence of, or failure to act of L &B.
If necessary, L &B shall furnish CLIENT an insurance certificate verifying these
insurance coverages.
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r 9
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 9
May 27, 2008
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: City Manager's Office
Homer Bludau, City Manager
9491644 -3000 or hbludau @city.newport- beach.ca.us
SUBJECT: Approval of Agreement with Landrum & Brown to Conduct "Go
Local" Transit Study
ISSUE:
Does the City Council desire to enter into an agreement with Landrum & Brown to
conduct the "Go Local" transit study involving County passengers who use John Wayne
Airport?
RECOMMENDATION:
Authorize the City Manager to execute the Agreement with Landrum & Brown in
substantially the same form after City Attorney review.
DISCUSSION:
Background:
City Council Policy A -17 reads, "...the City Council should support opportunities to
serve some Orange County air transportation demand at airports other than JWA
including: a) Promoting circulation and transportation improvements from Orange
County residential and business communities to outlying airports with capacity in excess
of current operations levels such as Ontario Airport and San Bernardino International
Airport ..... d) Supporting regional and sub - regional plans and programs that are
consistent with then current JWA operational and passenger service levels and provide
potentially feasible means or mechanisms to serve some Orange County air
transportation demand at facilities other than JWA."
In addition, one of the City Council's top 12 priorities for 2008 is to "Minimize the
adverse impacts of John Wayne Airport through the implementation of the City's Airport
Policy," which has as priority implementation actions to submit the "Go Local" grant,
• • Go Local Study Agreement r
May 27, 2008
Page 2
conclude the "Go Local" study by July 31St and make a presentation to the City Council
on the study's results.
This past March, both Newport Beach and Costa Mesa City Council's executed a
cooperative agreement for OCTA's "Go Local" funds to conduct a locally directed transit
study, with the goal of making the Metrolink more accessible to Orange County
residents in an effort to increase ridership. Newport Beach and Costa Mesa agreed to
work together to study transit links from key Metrolink stations into John Wayne Airport.
The study's intent is not to increase usage of JWA, but to determine the users of JWA
so the future movement of JWA passengers to other airports can be studied in the
furtherance of the City's Airport Policy. Both Newport Beach and Costa Mesa each
received $100,000 for the "Go Local" study, with Newport Beach acting as the lead
agency for the feasibility analysis.
The City Managers of Costa Mesa and Newport Beach worked with consultant Peggy
Ducey on the "Go Local" application process with the intention of Ms. Ducey being the
lead consultant on the study. Ms. Ducey is part of the Landrum & Brown consultant
team which will do the study, which has already begun. She will be the Project Manager
for the study. This agenda item provides City Council authorization to enter into the
consulting agreement with Landrum & Brown for the "Go Local" study. It provides the
study scope of work, progress payments and identifies the principles involved in the
study.
The City Manager did not have time to ensure the City Attorney's office had thoroughly
reviewed the agreement, and will do so before the agreement is signed. If there are
substantial revisions which come from the review process, the City Manager will return
to Council requesting new authorization.
Environmental Review: The City Council's approval of this Agenda Item does not
require environmental review.
Public Notice: This agenda item has been noticed according to the Brown Act (72 hours
in advance of the meeting at which the Council considers the item).
Submitted by:
HOMER L. BLU AU
City Manager
Attachments: Draft Agreement with Landrum & Brown
0 0
AGREEMENT
This consulting agreement (hereinafter referred to as "AGREEMENT") is made
this 18th day of March, 2008 by and between the City of Newport Beach, a municipal
corporation, with its principal place of business located at 3300 Newport Boulevard,
Newport Beach, CA, and Landrum & Brown, Incorporated, an international aviation
consulting and planning firm organized as an Ohio corporation with its principal place
of business at 11279 Cornell Park Drive, Cincinnati, Ohio 45242.
WHEREAS, Newport Beach (hereinafter referred to as "CLIENT "), has entered
into an OCTA "Go Local" grant program as the Lead Agency in cooperation with Costa
Mesa to analyze direct transit connections to Metrolink as a potential convenient
means to access John Wayne Airport; and
WHEREAS. The work contemplated to be performed under the OCTA grant
requires the services of a professional internaonal aviation consulting firm to
perform various consulting and planning servie s Pet-- connection with the analysis of
airport passenger and employee activity and�ansit rirship potential; and
WHEREAS, Landrum & Brown, Incgrporated (hereinafter referred to as "L &B ")
possesses certain skills and expertise wFnch waulie valuable to CLIENT; and
WHEREAS, CLIENT and L88`des4re to enter into this AGREEMENT.
NOW, THEREFORE, CUTENT and L &B agree to the terms as set forth below:
1. Scone of Work. ,.L:&B agrees to perform the work and produce the items
described on Exhib -;,A attached hereto (hereinafter referred to as the
"PROJECT ") pursuant to the terms and conditions of this AGREEMENT.
2. Term and Completion Date. The PROJECT is scheduled to commence on
upon receipt of a Notice to Proceed on or about March 15, 2008 and shall be
completed by December 31, 2008.
3. Consideration. In consideration for the services rendered by L &B under
this AGREEMENT, CLIENT agrees to pay to L &B the amount shown on
Exhibit B attached hereto pursuant to the terms contained on such exhibit.
The total contract amount shall not exceed $200,000.
4. Independent E &B Status. L &B is an independent L &B engaged by
CLIENT. CLIENT has no control or direct supervisory rights of L &B'S work
habits and work style except that CLIENT will exercise appropriate
management of L &B'S services in connection with the development of the
methodology and technical approaches in order to maintain the integrity of
the PROJECT. Nothing contained in this AGREEMENT shall be construed as
making L &B an employee, partner, or joint venturer of CLIENT.
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5. Indemnification. L &B and CLIENT shall each defend, indemnify and hold
the other party harmless for all costs, liabilities, claims, demands, actions,
expenses, including, without limitation, attorney's fees and causes of action
made or claimed against the other party by any person or entity (including,
without limitation, any governmental body or employee or agent of the
other party) directly out of any negligent act or omission of the other party
or its officers, employees, agents, L &Bs or subL &Bs.
6. Compliance with Laws. L &B shall be solely responsible to comply with all
federal, state and local laws, ordinances, regulations and rules with respect
to the development and operation of the PROJECT.
7. Termination for Convenience. Either party may terminate this
AGREEMENT at any time and for any reason at their convenience with a
fifteen (15) day written notice to the other party. Upon such termination,
the obligations of the parties under this AGREEMENT shall be void except for
Sections 5, 8, 9 and 10 hereof, which shall remain in effect. L &B will be
paid for all services rendered through thpi date of termination.
S. No License - Confidentialit
(a) L &B acknowledges that it may have access to information which is
confidential to CLIENT iiteluding, ..for example, but not in any way
limited to, information coerning CLIENT'S (1) products and
contemplated products, (2)' sales, (3) contracts, (4) operations (5)
practices, (6) research .:and development, (7) operations, (8) finances,
(9) plans, (1 :0;) `di`ents' ` and their requirements or projected
requirements, (il):.m8oeting, or contemplated marketing, programs,
(12) prices'tp its clients or from its suppliers or (13) other trade
secrets (colleyely" "Confidential Information "). L &B agrees that all
Confidential Information is the sole property of CLIENT and that, while
engaged by CLIENT and afterwards, L &B will keep all Confidential
Information to which they have access confidential, they will not
reproduce or copy any of it except in connection with their services
for CLIENT, they will not directly or indirectly disclose any of it in any
manner whatsoever to any person who is unrelated to CLIENT.
Further, L &B agrees that if directed in writing by CLIENT, upon
termination of their engagement by CLIENT they shall deliver to
CLIENT all documents which contain any Confidential Information and
only retain any copies thereof as necessary to for insurance purposes.
(b) This AGREEMENT is not to be construed as granting a license to L &B
of any nature from information supplied by CLIENT to L &B or
otherwise. Such information is to be utilized by L &B only for the
purpose of performing services in accordance with this AGREEMENT
and no other use or disclosure shall be made of any such information.
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9. Assignment. No assignment of this AGREEMENT shall relieve L &B
from any obligation under this AGREEMENT or impose any liability
upon CLIENT.
10. Rights to Property. L &B agrees that all rights, including copyrights and
patent rights to any material or intellectual property developed or invented
in connection with the PROJECT, shall be and remain the sole property of
CLIENT including all designs, formats, photographs, video tapes, writings,
software and any other intellectual property in any medium. All such
material shall be considered "work for hire" and L &B shall apply for patents
and copyrights only at the request, and in the name, of CLIENT.
11. Record Retention.
(a) L &B shall keep proper accounts and records of the cost of the work
and of all expenditures or commitments made by L &B including the
invoices, receipts and vouchers, which shall at reasonable times be
open to audit and inspection by the authorized representatives of
CLIENT who may make copies ace extracts therefrom.
(b) L &B shall afford facilities for auft—and inspection and shall furnish the
authorized representatives iderj hed above with such information as
the authorized representatives i my from time to time require with
reference to the documents t arI referred to herein.
(c) L &B shall keep the documehts referred to herein available for audit
and inspection for a period of three (3) years following completion of
the PROJECT.
12. Professional Stand; log L &B shall complete PROJECT within the scope of
work described on Exh'eit A on or prior to the deadline set forth herein and
that all such work in connection with the PROJECT shall be completed in a
workmanlike manner similar to the professional standards typically
employed in the aviation consulting industry. In the event that CLIENT
discovers any error or defect in L &B'S work on the PROJECT at any time,
L &B shall promptly correct such defect or error.
13. Minority /Women /Disadvantaged Business Enterprise
Requirements. L &B agrees to ensure that minority /women /disadvantaged
business enterprises as defined in Title 49 Code of Federal Regulations, Part
26 (49 CFR 26) have the maximum opportunity to participate in the
performance of this AGREEMENT and any subcontracts that may be let. In
this regard, L &B shall take all necessary and reasonable steps in accordance
with 49 CFR 26 to ensure that minority/women /disadvantaged business
enterprises have the maximum opportunity to compete for and perform
services relating to this AGREEMENT. Furthermore, L &B shall not
discriminate on the basis of race, color, national origin, or sex in the
performance of this AGREEMENT
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14. Insurance. L &B shall provide to CLIENT an insurance certificate evidencing
that it has the insurance coverages shown on Exhibit C attached hereto.
15. Miscellaneous.
(a) The invalidity or unenforceability of any provision or term of this
AGREEMENT shall not affect the validity or enforceability of any other
provision or term of this AGREEMENT.
(b) This AGREEMENT constitutes the entire agreement between the
parties and supersedes prior proposals, negotiations and agreements,
whether oral or written.
(c) This AGREEMENT shall be binding upon and inure to the benefit of the
successors or affiliates of the parties hereto. This AGREEMENT may not
be assigned by either party in whole or in part without the express
written consent of nonassigning party..
(d) Notice required under this AGRQFPM.T shall be deemed made when
such notice is sent certified-Ail oyy Federal Express or some
functionally similar service th addrLsee at the address shown
below for the parties or is han elivered to the addressee. Notices,
letters, billings and otheieen' mmunications shall be addressed
and transmitted to the add'Nss 9hdwn below.
CLIENT address:`-'.
City of Newport.eacfi
P.O. flax 176
Newpaia.Beack! CA 92658
ATTENT*: *Ithony Brine, City Traffic Engineer
DepartmeA� Public Works
949/644 -3329
tbrine @city. new port- beach. ca. us
L &B address:
Landrum & Brown
11279 Cornell Park Drive
Cincinnati, Ohio 45242
Attention: Dennis E. Peters, CFO
513 -530 -5333 Voice
513 -530 -1278 Fax
dpeters @landrum- brown.com, email
With a copy to:
Jeffrey N. Thomas
10730 Stubbs Lane
Culver City, CA 90230
PHONE #310 - 838 -9448
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FAX #316 - 838 -2274
EMAIL: jthomas @landrum- brown.com
(e) This AGREEMENT shall be governed under the laws of the State of
California.
EACH PARTY ACKNOWLEDGES HAVING READ THIS ENTIRE AGREEMENT
WITH THE FULL POWER AND AUTHORITY TO EXECUTE THIS AGREEMENT,
AND AGREES TO PERFORM IN ACCORDANCE WITH THE TERMS AND
CONDITIONS CONTAINED HEREIN.
CLIENT:
CITY OF NEWPORT BEACH
0
Homer Bludau, City Manager
Date: Date:
L&BB:
LANDRUM & BROWN,
INCORPORATED
4F
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Jeffrey N. Thomas, CEO
• •
EXHIBIT A
PROJECT SCOPE OF WORK
This Exhibit A is attached to and incorporated into this AGREEMENT made this 18`"
day of March, 2008 by and between CLIENT and L &B.
L &B agrees to perform the services outlined as L &B's responsibility on the Scope of
Work attached hereto and incorporated herein.
TASK 1. Potential Passenger Demand Analysis: The feasibility of
establishing a Metrolink rail connection into JWA relies primarily upon sufficient
demand from current and future JWA passengers that have ready access to Metrolink
service (stations). Although sufficient air passenger demand for JWA itself is not a
significant issue, a connection between JWA and.Vetrolink could reduce traffic on
highways and major arterials around JWA. � :However, given JWA's capacity
constraints, it is unlikely that passengers using other So Cal airports could be
encouraged to use JWA. It will be necessaq to determine ridership projections,
based on an evaluation of airport pas *ng fftm the existing JWA surveys and
employees from airport zip code db'ta:.
Analyze existing data from the I'atest JWA Passenger Survey to determine the geographic
distribution of JWA passenger origins and destinations in Orange County at the zip code
level and forecast future distribution patterns for two horizon years (2015 and 2025) as a
basis for critically evaluating the market demand for a transit link between JWA and
Metrolink. This assumes that the survey identified the home address and local address for
each passenger and provided the primary reason(s) that the passenger used JWA. These
addresses need not be exact mailing addresses but should be identifiable at the zip code
level. If the survey database is not geo -coded (local origin zip code identified) for each
survey record, considerable extra time will be required to perform this step. Because the
survey asked the key local origin question in a rather ambiguous way ( "What is your zip
code ?), a correlation analysis will be performed among the response to this question, home
zip code, work zip code, and trip purpose.
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Our analysis will involve:
Identifying the airport's service area, in particular high density areas;
Identifying the distribution of airport employee's home zip codes;
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• Correlate the local addresses of passengers and employees to the
existing and planned Metrolink stations;
• Correlate trip origins with point of origin and place of work;
• Evaluate trip characteristics to the extent they may impact willingness
to substitute private automobiles for rail; and
• Optional forecasts of demand for two future years (2015 and 2025) will be
developed using available socio- economic forecasts. These socio- economic
forecasts, particularly population, will be used to identify expected growth
patterns within the County. Using JWA's current aviation activity forecast,
estimates of passengers and employees in the potential rail ridership zones will
be developed.
Maps showing a breakdown of local oripr by zip code shall be produced to define
the local catchment area for passeners afai, employees. An executive summary
level report with presentation qualitybles `a "d graphic /charts will be prepared
that summarizes the analysis fjthe s!ey data.
a. Develop preliminary estimates of existing 2007 baseline transit connection
ridership potential. , of.. currrent JWA employees and passengers identified to
estimate potentfat.utilizatJon of a transit connection to Metrolink. This analysis will
compare travel tim e$. r-im local origin /home to JWA using the current ground
modes to travel times with a potential rail option to access JWA. Travel times will
be developed using the Orange County ground transportation model (if available),
or Landrum & Brown's proprietary model can be adapted to Orange County. A list
of criteria, not only based on travel time, will be developed to determine the
potential pool of passengers and employees that are most likely to considered in
the ridership count.
b. Develop preliminary forecasts of future ridership for two horizon years (2015
and 2025) for both Orange County aviation passengers and JWA airport
employees.
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Task II: Stakeholder Dialogue and Financial Analysis
a. Stakeholder Dialogue
1. Attend key meetings with Consultant Team, OCTA staff and
Board /Committee meetings, JWA /County of Orange staff, and other
public agency representatives that may be affected by the Go Local
JWA- Transit study.
2. Interface with community groups, as necessary, to assess opposition,
support, or concerns regarding transit connections into JWA.
b. Air - Transit Financial and Operational Analysis
1. Evaluate financial and operational performance of successful air - transit
projects to determine financial require,Aents, revenue opportunities,
financing mechanisms, and passerr`"gmand statistics. .
�d.
2. Evaluate nine successful air -trat projeclto determine successful
practices, operational and fnanciWaobstacles, and mechanisms for
financing the system.
3. Determine similarities and differences between successful air- transit
projects and the Metro110 iti'-3WKair- transit project. Identify key
stumbling blocks thaty.ma). prevent successful implementation of air-
transit service for. JWA.
Task III: Transit Alternatives Analysis
a. Evaluation of Transit Alternatives between Metrolink and JWA,
including Rubber Tire /Mixed Flow /Express Bus Services; and Fixed
Guideway
1. Coordinate with cities of Irvine, Tustin, Santa Ana, and Anaheim to
evaluate current transit planning activities from key Metrolink stations to
JWA, and determine applicability /significance to JWA- transit study.
2. Identify and evaluate planned or proposed bus service from targeted
Metrolink stations to JWA.
3. Review and analyze current City of Irvine study for rubber tire circulator
system for the Irvine Business Complex.
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4. Review and analyze current City of Irvine's Fixed Guideway project,
including alignment, proposed technology, passenger demand, and
potential interface with JWA.
b. For targeted Metrolink stations without current plans or studies for a JWA
.connection, gather data and perform a preliminary analysis for bus or shuttle
service.
1. Through meetings with Metrolink and Amtrak staff, evaluate latest
operating plans and preliminary schedules based on Metrolink's "30-
minute headway" service levels.
2. Determine travel times from Irvine, Tustin, Santa Ana Metrolink
stations and Anaheim (ARTIC) to JWA for both peak and off -peak
travel times. Travel time data will be determined through "current
city studies, if available, or by drug each potential route (peak and
off -peak routes may be differ) se`,ral times. Input from city
traffic engineers will also bol:Ied to 'determine and /or confirm the
best routes to use and their tra* times.
3. Evaluate the ability.pf eaqlpE$i?tonYto handle boarding /alighting of a
dedicated Metro%k -JWA As shuttle, possible bus layover space,
driver conye ce'% and passenger amenities.
4. Obtain current bus -mile and bus -hour operating costs from OCTA
and Irvine fortheaype of bus that would be suitable for this type of
service. This information will be used to project the annual operating
and maintenance (O &M) costs for any dedicated bus service that
might be proposed.
C. Propose Potential Point -to -Point Metrolink -JWA Bus Service(s)
and Estimate O &M Costs
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EXHIBIT B
CONSIDERATION
This Exhibit B is attached to and incorporated into this AGREEMENT made this 18th
day of March, 2008 by and between CLIENT and L &B.
CLIENT agrees to pay L &B an amount not -to- exceed Two Hundred Thousand dollars
($200,000) to cover fees and expenses incurred in performance for the services
rendered in accordance with Exhibit A, PR03ECT attached to this AGREEMENT.
Payment will be made by CLIENT for the Lump Sum Amounts per Task specified
below to be invoiced by L &B upon completion of each Task.
• Task 1a - Define existing 2007 baseline distribution of JWA employees and
local O &D passengers at zip code level frgm JWA passenger surveys and
forecast future distribution patterns for two horizon years (perhaps 2020 and
2030)
o Cost: $66,000
• Task lb - Estimate existing .OZ007 - *'aseline transit connection ridership
potential of current JWA employees and messengers identified in Task 2a and
forecast future ridership potential for iwo+horizon years (2015 and 2025)
o Cost: $49,000
• Task 2a & b- Stakeholdet .Oreach and Dialogue
o Cost: $65,000
• Task 3 - Transit Alternatives Analysis
o Cost: $20,000
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EXHIBIT C
INSURANCE
This Exhibit C is attached to and incorporated into this AGREEMENT made this 18th
day of March, 2008 by and between CLIENT and L &B.
L &B shall obtain and maintain continuously in effect at all times during the term of
this AGREEMENT, at its sole cost and expense, to protect CLIENT and its respective
employees, agents and representatives from any and all liabilities and claims, the
following types of insurance:
(a)Workers' compensation insurance, insuring against any applicable
Workers' Compensation acts, laws or regulations and any liability or
claims for damages, personal injury, damages to property or death
arising in any manner from the negll nce or failure to act by L &B, its
employees, agents and represen ves in the performance of the
professional services covered by EEMENT.
(b)Professional liability insurance:otiot leis than Two Million Dollars
F,
($2,000,000) insuring against a' liability which may occur by reason
of any errors, omissions 'ar'�gt acts of L &B's employees in the
performance of profess lonaiser s under this AGREEMENT.
(c) Comprehensive generaLliability insurance, auto liability insurance, and
property dam irisugance in an amount not less than Two .Million
Dollars ($2,000,000) insuring against any liability or claims arising due
to the negligence of, or failure to act of L &B.
If necessary, L &B shall furnish CLIENT an insurance certificate verifying these
insurance coverages.
05/21108
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9 i
STUDY TEAM
Jeff Thomas, CEO; Landrum & Brown: Aviation Passenger Demand Analysis
Landrum & Brown, Incorporated, is a recognized leader in the field of aviation consulting, offering a full
range of capabilities including comprehensive airport planning, program definition and approval,
operational, financial, management, and strategic support services to major airports on five continents.
Landrum & Brown will provide expertise in both aviation interface and air -rail connectivity into the airport
area. Our aviation consultant, Landrum & Brown, is the lead firm for the John Wayne Airport terminal
expansion, and has a practical knowledge of JWA operations, lay -out, and security issues that will be
invaluable to assessing a successful transit interface. Landrum & Brown has played a leading role in the
planning and conceptual design of the Hongqiau Airport West Terminal and Regional Ground
Transportation Center in Shanghai China which may be the largest air -rail project in the world bringing
together high -speed intercity rail, metro rail, Maglev, regionalitransit bus, and airport operations into one
integrated transport complex. Jeff Thomas has served as President/CEO of L &B since 1976. While he is
expert in the strategic planning of major urban hub and international gateway airports worldwide, over the
past four years he has focused attention on developing an airport- transit strategy that is workable for
airports as well as transit providers.
Richard Stanger: Transit Alternatives
Richard Stanger brings 26+ years of experience in public transit. He has been directly involved in the
planning and implementation of rapid transit, light rail, and commuter rail services. Mr. Stanger has been
specifically chosen to lead this effort because of his personal knowledge of Metrolink operations, bringing a
depth of history that is unmatched by any other professional. He was Los Angeles County Metro's Director
of Rail Development from 1988 — 1992, where he lead the acquisition of key right -of -ways. He then
stepped in as the first Executive Director for the newly formed Southern California Regional Rail Authority,
where he lead the planning and construction of the Metrolink system. In only 5 years, Metrolink
constructed 416 route - miles, and was the 7m largest commuter rail system in the country. Since leaving the
public sector in 1998, he has worked as a private consultant on a variety of projects including:
• Performed operating plans/cost estimates for Sacramento's Downtown -to- Airport Transit Corridor;
• Prepared operating plans/cost estimates for the AA phase of Gold Line Foothill extension and
Crenshaw - Prairie Transit Corridor;
• Developed operating plan and maintenance yard sizes for the BART Santa Clara extension
system;
• Participated in recent LAWA -led evaluation of the Green Line extension to LAX.
Peggy Ducey: Financial Feasibility and Stakeholder Outreach
Peggy Ducey has over 20 years of public sector management experience. Beginning her career in local
government, she was the Deputy City Manager of Newport Beach where she was responsible for airport-
related issues, which lead her into evaluating better ways to site and operate airports. In 1999, Ms. Ducey
began her own independent consulting service focused on multimodal transportation planning and
developing a successful airport-rail project model that will work within the U.S. cultural and institutional
structure. Most recently, she has focused on developing alternative funding strategies that bring a new set
of financial resources to multimodal transportation systems. Ms. Ducey has managed two Southern
California regional airport Joint Powers Authorities and is currently the Program Manager for San Diego
Airport/SANDAG's Air -Rail Network Plan, a region -wide study to evaluate a multimodal airport-rail system,