HomeMy WebLinkAboutC-4690 - PSA for Traffic Study at 100-300 West Coast HighwayAMENDMENT NO. ONE TO
CND PROFESSIONAL SERVICES AGREEMENT WITH
RBF CONSULTING FOR
TRAFFIC STUDY FOR THE
PROPOSED 100 -300 WEST COAST HIGHWAY PROJECT
THIS AMENDMENT NO. ONE TO PROFESSIONAL (K SERVICES AGREEMENT
( "Amendment No. One "), is entered into as of this ](A (I�d.
day of r, 2011,
by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation
( "City "), and RBF CONSULTING, a California Corporation whose address is 14725
Alton Parkway, Irvine, California 92618 ( "Consultant "), and is made with reference to
the following:
RECITALS:
A. On November 3, 2010, City and Consultant entered into a Professional Services
Agreement ( "Agreement ") for Consultant to prepare a Traffic Phasing Ordinance
(TPO) traffic study for the proposed Mariner's Pointe Project at 100 -300 West
Coast Highway ( "Project "). The Project Applicant, Glenn Verdult, will reimburse
the City for the costs associated with the TPO traffic study.
B. City desires to enter into this Amendment No. One to reflect additional services
not included in the Agreement and to increase the total compensation.
C. City and Consultant mutually desire to amend the Agreement, as provided below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. SERVICES TO BE PERFORMED
Section 2 of the Agreement shall be supplemented to include the Scope of Services
dated February 14, 2011, which is 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.
2. COMPENSATION
The introductory paragraph to Section 4 of the Agreement shall be amended in its
entirety and replaced with the following: 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 to the Agreement. Consultant's total
amended compensation for all work performed in accordance with this Agreement
including all reimbursable items and subconsultant fees, shall not exceed Sixteen
Thousand, Six Hundred Dollars and no /100 ($16,600.00) without prior written
authorization from City ( "Total Amended Compensation ").
2.1 The Total Amended Compensation reflects Consultant's additional
compensation for additional services to be performed in accordance with
this Amendment No. One, including all reimbursable items and
subconsultant fees, in an amount not to exceed One Thousand, Eight
Hundred Fifty Dollars and no/100 ($1,850.00), without prior written
authorization from City.
3. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants set forth
in Agreement shall remain unchanged and shall be in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No.
One on the dates written below.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
Date:
t
B `' " V
Leonie Mulvihill
Assistant City Attorney
ATTEST:
Date:
r
By- 0�� 671y�-�.
Leilani I. Brown VV
City Clerks
rn
CITY OF NEWPORT BEACH,
A California u icipal corporation
Date:
.A
num
Director
CONSULTANT: RBF CONSULTING, a
California Corporation
Date: 31�/1/
By.
Bob atson
Vice President
Date: 3/3k -/I/
By:
Douglas J. Klost
Executive ice President and Chief
Financial Officer
Attachment: Exhibit A - Additional Services to be Performed
EXHIBIT A
G12 o ® .
CONSULTING
February 14, 2011
Mr. David Keely, P.E.
Senior Civil Engineer
CITY OF NEWPORT BEACH
3300 Newport Boulevard
Newport Beach, CA 92663
Subject: Proposal to Prepare an Existing Plus Project Traffic Analysis Scenario for the
Proposed Mariner's Pointe Project
Dear David:
In accordance with your request, RBF Consulting (RBF) is pleased to submit this proposal to
prepare an Existing Plus Project traffic analysis scenario for the proposed Mariner's Pointe project
(100 - 300 West Coast Highway) in the City of Newport Beach.
RBF will prepare an Existing plus Project analysis scenario for the proposed projectfor the both City
of Newport Beach analysis section utilizing the Intersection Capacity Utilization (ICU) analysis
methodology, as well as the Caitmns State Highway section utilizing the Highway Capacity Manual
(HCM) analysis methodology. Based on applicable agency threshold of significance, the new
Existing Plus Project analyses will determine whether the addition of project - generated trips to
existing traffic volumes Is forecast to result in a significant traffic impact requiring mitigation. If the
results of the analyses indicate the proposed project is forecast to cause a significant impact,
mitigation measures will be Identified to eliminate and/or reduce such identified significant Impacts.
The Mariner's Pointe Traffic Impact Analysis (RBF Consulting, February 3, 2011) will be updated to
include the new Existing Plus Project analysis scenarios.
The fee for this scope of work is $1,850.
I look forward to the opportunity of continuing to work with you on this project. If you have any
questions, please contact me at 949.855.5730 or at bobmatson @rbf.com.
Sincerely,
/1130 Matson
Vice President
RBF Consulting
PLANNING 171 DESIGN tl CONSTRUCTION
14725 Alton Parkway, Irvine, CA 926 111-2027 a P-0. Sox 57057, Irvine, CA 92619 -7057 •949.472.3505 • Fax 949.330.4130
Offices located throughout California. Arizona & Nevada • www.RBF.00m
i _ s
PROFESSIONAL SERVICES AGREEMENT WITH
RBF CONSULTING FOR
TRAFFIC STUDY AT 100 -300 WEST COAST HIGHWAY
THIS AGREEMENT FOR PROFES NNAL SE VICES ( "Agreement') is made
and entered into as of this day of QV� 2010, by and between the
CITY OF NEWPORT BEACH, a Califom a Municipal Corporation ( "City "), and RBF
CONSULTING, a California corporation ( "Consultant'), whose address is 14725 Alton
Parkway, Irvine, CA 92618 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. Glenn Verdult is planning to convert vacant commercial space located at 100 -300
West Coast Highway into a 28,850 square foot commercial project which
consists of 11,000 square feet of restaurant, 5,000 square feet of medical office
and 4,850 square feet of retail space.
C. City desires to engage Consultant to prepare a Traffic Phasing Ordinance (TPO)
traffic study for 100 -1300 West Coast Highway ( "Project'). Glenn Verdult will
reimburse the City for the costs associated with the TPO traffic study.
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member of Consultant for purposes of Project, shall be Bob
Matson.
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on December 31, 2012 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 ( "Work" or
i
i
"Services "). 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, including all
reimbursable items and subconsultant fees, shall not exceed Fourteen Thousand,
Seven Hundred Fifty Dollars and no /100 ($14,750.00) without prior written
authorization from City. No billing rate changes shall be made during the term of this
Agreement without the prior written approval of City.
4.1 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name
of the person who performed the Work, a brief description of the Services
performed and /or the specific task in the Scope of Services to which it
relates, the date the Services were performed, the number of hours spent
on all Work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty
(30) days after 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
Professional Services Agreement Page 2
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 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 Bob Matson to be its Project Manager.
Consultant shall not remove or reassign the Project Manager or any personnel listed in
Exhibit A or assign any new or replacement personnel to the Project without the prior
written consent of City. City's approval shall not be unreasonably withheld with respect
to the removal or assignment of non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of Services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. David Keely,
Senior Civil Engineer or his designee, shall be the Project Administrator and shall have
the authority to act for City under this Agreement. The Project Administrator or his
authorized representative shall represent City in all matters pertaining to the Services to
be rendered pursuant to this Agreement.
Professional Services Agreement Page 3
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's
Work schedule.
B. Provide blueprinting and other Services through City's reproduction
company for bid documents. Consultant will be required to coordinate the
required bid documents with City's reproduction company. All other
reproduction will be the responsibility of Consultant and as defined above.
C. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the Services required by this
Agreement, and that it will perform all Services in a manner
commensurate with community professional standards. All Services shall
be performed by qualified and experienced personnel who are not
employed by City, nor have any contractual relationship with City. 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.
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and hold
harmless City, its City Council, boards and commissions, officers, agents, volunteers
and employees (collectively, the "Indemnified Parties) from and against any and all
Professional Services Agreement Page 4
claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorney's fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims "), which may arise from or in any manner
relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the
Consultant or its principals, officers, agents, employees, vendors, suppliers,
subconsultants, 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 sole negligence,
active negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any action
on or to enforce the terms of this Agreement. This indemnity shall apply to all claims
and liability regardless of whether any insurance policies are applicable. The policy
limits do not act as a limitation upon the amount of indemnification to be provided by the
Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis and
Consultant is not an agent or employee of City. The manner and means of conducting
the Work are under the control of Consultant, except to the extent they are limited by
statute, rule or regulation and the expressed terms of this Agreement. Nothing in this
Agreement shall be deemed to constitute approval for Consultant or any of Consultant's
employees or agents, to be the agents or employees of City. Consultant shall have the
responsibility for and control over the means of performing the Work, provided that
Consultant is in compliance with the terms of this Agreement. Anything in this
Agreement that may appear to give City the right to direct Consultant as to the details of
the performance or to exercise a measure of control over Consultant shall mean only
that Consultant shall follow the desires of City with respect to the results of the Services.
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.
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 duly authorized
designee informed on a regular basis regarding the status and progress of the Project,
Professional Services Agreement Page 5
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, policies of insurance of the type and amounts described below and in
a form satisfactory to City.
A. Proof of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation. Insurance
certificates and endorsement must be approved by City's Risk Manager
prior to commencement of performance. Current certification of insurance
shall be kept on file with City at all times during the term of this contract.
City reserves the right to require complete, certified copies of all required
insurance policies, at any time.
Consultant shall procure and maintain for the duration of the contract
insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the Work
hereunder by Consultant, his agents, representatives, employees or
subconsultants. The cost of such insurance shall be included in
Consultant's bid.
B. 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.
C. Coverage Requirements.
i. Workers' Compensation Coveraqe. Consultant shall maintain
Workers' Compensation Insurance (Statutory Limits) and
Employer's Liability Insurance (with limits of at least one million
dollars ($1,000,000)) for Consultant's employees in accordance
with the laws of the State of California, Section 3700 of the Labor
Code In addition, Consultant shall require each subconsultant to
similarly maintain Workers' Compensation Insurance and
Employer's Liability Insurance in accordance with the laws of the
State of California, Section 3700 for all of the subconsultant's
employees.
Professional Services Agreement Page 6
Any notice of cancellation or non - renewal of all Workers'
j Compensation policies must be received by City at least thirty (30)
calendar days (ten (10) calendar days written notice of non-
payment of premium) prior to such change.
Consultant shall submit to City, along with the certificate of
insurance, a Waiver of Subrogation endorsement in favor of City, its
officers, agents, employees and volunteers.
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation, blanket
contractual liability.
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 accident.
iv. Professional Liability (Errors & Omissions) Coverage. Consultant
shall maintain professional liability insurance that covers the
Services to be performed in connection with this Agreement, in the
minimum amount of one million dollars ($1,000,000) limit per claim
and in the aggregate.
D. Other Insurance Provisions or Requirements.
The policies are to contain, or be endorsed to contain, the following provisions:
i. Waiver of Subrogation. All insurance coverage maintained or
procured pursuant to this agreement shall be endorsed to waive
subrogation against City, its elected or appointed officers, agents,
officials, employees and volunteers or shall specifically allow
Consultant or others providing insurance evidence in compliance
with these requirements to waive their right of recovery prior to a
loss. Consultant hereby waives its own right of recovery against
City, and shall require similar written express waivers and
insurance clauses from each of its subconsultants.
ii. Enforcement of Contract Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of the City to
inform Consultant of non - compliance with any requirement imposes
no additional obligations on the City nor does it waive any rights
hereunder.
Professional Services Agreement Page 7
iii. Requirements not Limiting. Requirements of specific coverage
features or limits contained in this Section are not intended as a
limitation on coverage, limits or other requirements, or a waiver of
any coverage normally provided by any insurance. Specific
reference to a given coverage feature is for purposes of clarification
only as it pertains to a given issue and is not intended by any party
or insured to be all inclusive, or to the exclusion of other coverage,
or a waiver of any type.
iv. Notice of Cancellation. Consultant agrees to oblige its insurance
agent or broker and insurers to provide to City with thirty (30) days
notice of cancellation (except for nonpayment for which ten (10)
days notice is required) or nonrenewal of coverage for each
required coverage.
E. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Consultant's performance under this Agreement.
F. 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
City and Consultant agree that subconsultants may be used to complete the Work
outlined in the Scope of Services. The subconsultants authorized by City to perform
Work on this Project are identified in Exhibit A. Consultant shall be fully responsible to
City for all acts and omissions of the subcontractor. Nothing in this Agreement shall
create any contractual relationship between City and subcontractor nor shall it create
any obligation on the part of City to pay or to see to the payment of any monies due to
any such subcontractor other than as otherwise required by law. The City is an
intended beneficiary of any Work performed by the subcontractor for purposes of
establishing a duty of care between the subcontractor and the City. Except as
specifically authorized herein, the Services to be provided under this Agreement shall
Professional Services Agreement Page 8
not be otherwise assigned, transferred, contracted or subcontracted out without the
prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing produced
(hereinafter "Documents "), prepared or caused to be prepared by Consultant, its
officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole
right to use such materials in its discretion without further compensation to Consultant
or any other party. Consultant shall, at Consultant's expense, provide such Documents
to City upon 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.
Professional Services Agreement Page 9
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.
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 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:
Professional Services Agreement Page 10
Attn: David Keely
Public Works Department
City of Newport Beach
3300 Newport Boulevard
PO Box 1768
Newport Beach, CA 92658
Phone: 949 - 644 -3349
Fax: 949 - 644 -3318
All notices, demands, requests or approvals from CITY to Consultant shall be addressed
to Consultant at:
Attention: Bob Matson
RBf Consulting
14725 Alton Parkway
Irvine, CA 92618
Phone: 949- 472 -3505
Fax: 949 - 472 -8373
26. CLAIMS
The Consultant and the City expressly agree that in addition to any claims filing
requirements set forth in the Contract and Contract documents, the Consultant shall be
required to file any claim the Consultant may have against the City in strict conformance
with the Tort Claims Act (Government Code sections 900 et seq.).
27. 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.
Professional Services Agreement Page 11
28. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes, ordinances,
regulations and requirements of all governmental entities, including federal, state, county
or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared
by Consultant shall conform to applicable City, county, state and federal laws, rules,
regulations and permit requirements and be subject to approval of the Project
Administrator and City.
29. 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.
30. 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.
31. 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.
32. 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.
33. AMENDMENTS
This Agreement may be modified or amended only by a written document executed by
both Consultant and City and approved as to form by the City Attorney.
34. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
Professional Services Agreement Page 12
35. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters relating
to it and any action brought relating to this Agreement shall be adjudicated in a court of
competent jurisdiction in the County of Orange.
36. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment because
of race, religion, color, national origin, handicap, ancestry, sex or age.
Professional Services Agreement Page 13
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the day and year first written above.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
OFFICE OF THE CITY ATTORNEY A California mun.igip corporation
B B:
Y
Leonie Mulvihill
Assistant City Attorney Vol
ATTEST:
adum, Public Works Dept.
CONSULTANT: RBF CONSULTING, a
California corporation
a-
By: �MqA' By:
Leilani I. Brown ob Matson
City Clerk Vice President
By:
Dougl s . Fros
Ci
�Q FGO Exec tiv Vice President and Chief
qAR
Finan'cidl Officer
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Professional Services Agreement Page 14
�! 11 � i
CONSULTING
October 5, 2010
Mr. David Keely, P.E.
Senior Civil Engineer
CITY OF NEWPORT BEACH
3300 Newport Boulevard
Newport Beach, CA 92663
Subject: Proposal to Prepare a Traffic Analysis for the Proposed Mariner's Pointe Project
Dear David:
In accordance with your request, RBF Consulting (RBF) is pleased to submit this proposal to
prepare a traffic analysis for the proposed Mariner's Pointe project (100 - 300 West Coast Highway)
in the City of Newport Beach. The proposed 20,850 square foot commercial project consists of
11,000 square feet of restaurant, 5,000 square feet of medical office, and 4,850 square feetof retail.
The proposed project will displace approximately 5,000 square feet of vacant commercial space
currently located on the project site.
As you know, RBF is very familiar with traffic conditions and issues in the study area of the proposed
project, not only as a result of ourtraffic analysis for the Mariner's Mile project previously proposed
on the project site (which withstood legal challenge in court), but in relation to our current traffic
analysis of the proposed Orange Coast College Maritime Training Center (OCC MTC) project
located less than half -mile west of Mariner's Pointe project site on West Coast Highway (SR -1).
SCOPE OF WORK
RBF will prepare a traffic impact analysis for the proposed Mariner's Pointe project to support
environmental documentation of the proposed project in accordance with the California
Environmental Quality Act (CEQA), as well as address the applicable City Traffic Phasing Ordinance
(TPO) analysis for the proposed project. Additionally, the traffic analysis will include a State Highway
analysis for the study intersections located along Coast Highway (SR -1) under the jurisdiction of
Caltrans, as well as include an applicable Orange County Congestion Management Program (CMP)
discussion for the West Coast Highway (SR -1) /Newport Boulevard Ramps location.
(h
Anniversary
14725 Alton Parkway, Irvine, CA 92678-2027 • P.O. Box 57057, Irvine, CA 92619 -7057 • 949.472.3505 • Fax 949.472.8373
Offices located throughout California, Arizona & Nevada a www.RBEcom
Mariner's Pointe Traffic Analysis Proposal
October 5, 2010
Study Area
The study intersections will consist of the following twelve (12) intersections identified by the City:
1. Irvine Avenue /Dover Drive;
2. Irvine Avenue /171h Street;
3. Dover Drive/Westcliff Drive;
4. Dover Drive /16Th Street;
5. Dover Drive /Cliff Drive;
6. Newport Boulevard (SR -55) Southbound Ramps/West Coast Highway (SR -1);
7. Riverside Drive/West Coast Highway (SR -1);
8. Tustin Avenue/West Coast Highway (SR -1);
9. Balboa Bay Club/West Coast Highway (SR -1);
10. Dover Drive/West Coast Highway (SR -1);
11. Bayside Drive /East Coast Highway (SR -1); and
12. Jamboree Road /East Coast Highway (SR -1).
This scope of work assumes the City of Newport Beach will provide RBF with a.m. and p.m.
intersection movement counts at the study intersections for use in the analysis with the exception
the Balboa Bay Club/West Coast Highway (SR -1) intersection and the Dover Drive /16`h Street
intersection. RBF has recently collected a.m. and p.m. intersection movement count data at the
Balboa Bay Club/West Coast Highway (SR -1) intersection in May 2010 as part of the traffic analysis
for the proposed OCC MTC project; if acceptable to City staff, RBF proposes to utilize this count
data at this intersection in the analysis for the proposed Mariner's Pointe project; if not acceptable to
City staff, RBF will collect new a.m. and p.m. intersection movement count data at the study
intersection. As part the analysis, RBF will collect a.m. and p.m. intersection movement count data
at the Dover Drive /16th Street intersection for use in the analysis.
Analysis Scenarios
The analysis will document typical weekday a.m. peak hour and p.m. peak hour study intersection
conditions for the following analysis scenarios:
1. TRAFFIC PHASING ORDINANCE ANALYSIS
Existing Conditions;
Forecast Near -Term Without Project Conditions; and
• Forecast Near -Term With Project Conditions.
2. FORECAST CUMULATIVE CONDITIONS ANALYSIS
• Forecast Cumulative Without Project Conditions; and
• Forecast Cumulative With Project Conditions.
OR
i
Mariner's Pointe Traffic Analysis Proposal
October 5, 2010
3. ORANGE COUNTY CONGESTION MANAGEMENT PROGRAM
Forecast Cumulative Without Project Conditions; and
Forecast Cumulative With Project Conditions.
4. STATE HIGHWAYANALYSIS
Existing Conditions
Forecast Near Term Without Project Conditions; and
Forecast Near Term With Project Conditions.
The Traffic Phasing Ordinance (TPO) analysis will assume a trip credit to account for the
approximately 5,000 square feet of vacant commercial space currently located on the project site
when deriving the forecast trip generation of the proposed project. Forecast trip generation of the
proposed project for the TPO analysis will be reviewed and approved by City staff prior to inclusion
of the analysis.
The Cumulative Conditions analysis, for CEQA purposes, will not assume anytrip credit to related to
the approximately 5,000 square foot vacant commercial space currently located on the project site.
Forecast trip generation of the proposed project for the cumulative analysis will be reviewed and
approved by City staff prior to inclusion of the analysis.
While a long -range year study intersection analysis forthe proposed project is not required based on
discussions with City staff, the analysis will include a General Plan Amendment (GPA) trip
generation analysis comparison between the trips forecast to be generated by the currently
permitted 0.50 Floor Air Ratio (FAR) on the project site and the proposed 0.63 FAR for the project
site to accommodate the proposed project.
Analysis Methodology
The analysis will document the existing and forecast operation of the study intersections for the
above identified analysis scenarios. The City of Newport Beach and Orange County CMP
intersection analyses will utilize the Intersection Capacity Utilization (ICU) analysis methodology; the
State Highway intersection analysis will utilize the Highway Capacity Manual (HCM) analysis
methodology.
The traffic impact study will identify the number of daily and peak hour trips forecast to be generated
by the proposed project, using the City of Newport Beach Traffic Analysis Model (NBTAM) trip
generation rates, Institute of Transportation Engineers (ITE), Vh Edition trip generation rates, or
other source as directed by the City. Potential adjustments to the forecast trip generation, such
passer -by and/or onsite trip capture adjustments will be reviewed and approved by Citystaff priorto
incorporation into the analysis.
The traffic analysis will provide a forecast distribution of project - generated trips. Manual trip
distribution and assignment will be reviewed and approved by City staff prior to utilization in the
analysis.
M
I
Mariner's Pointe Traffic Analysis Proposal
October 5, 2010
Utilizing applicable agency analysis methodology, and based on applicable agency performance
criteria and thresholds of significance, RBF will determine whether the proposed project is forecast
to result insignificant traffic impacts at the study intersections. Mitigation measures will be identified
in accordance with applicable agency criteria to eliminate or reduce identified significant traffic
impacts.
Site Access
The proposed project plans to consolidate the project access locations at West Coast Highway (SR-
1) from the three current right in /right out access locations to two proposed right in /right out access
locations. The analysis will review the proposed project site access locations at West Coast
Highway (SR -1) and make recommendations as /if necessary to enhance project site access at West
Coast Highway (SR -1) and improve traffic flow on westbound West Coast Highway (SR -1).
Deliverables
This scope of work assumes RBF will prepare a draft traffic impact analysis report for submittal to
the City for review and comment. RBF will address the City's review comments and finalize the
traffic impact analysis and resubmit to the City. Additionally, this scope of work assumes RBF will
provide responses to one (1) round of public comments on the traffic impact analysis report.
Meetings
This scope of work assumes RBF will attend one (1) kick -off meeting and two (2) public meetings
FEE
Site Visit & Study Area Existing Systems Documentation $ 1,100
Traffic Analysis /Report $ 8,850
Response to City /Public Comments (assumes 20 hours) $ 2,800
Meetings It Kick -off Meeting & 2 Public Meetings) $2,000
TOTAL FEE $14,750
look forward to the opportunity of working with you again on this project. If you have any questions,
please contact me at 949.855.5736 or at bobmatson @rbf.com.
Sincerely,
ZZ Bob Matson
Vice President
RBF Consulting
NOTE: If additional tasks (meetings, counts, etc.) are required based on direction from the Client,
they can be accommodated for a fee in addition to the fee associated with this proposal. All
services outlined herein this scope of work will be performed for a fee not -to- exceed $14,750.
EXHIBIT B
HOURLY RATE SCHEDULE
OFFICE PERSONNEL
$/ Hr.
SeniorPrincipal .................................................................................................
............................... $245.00
Principal..............................................................................................................
............................... 225.00
ProjectDirector ...................................................................................................
............................... 215.00
Senior Project Manager .......................................................................................
............................... 200.00
ProjectManager............................... ......... ... .... .......... ................... ..............
............. .......................... 195.00
StructuralEngineer .................................................................... ...............................
.........................195.00
TechnicalManager ..............................................................................................
............................... 180.00
SeniorEngineer ..................................................................................................
............................... 163.00
SeniorPlanner ....................................................................................................
............................... 163.00
ElectricalEngineer ..............................................................................................
............................... 156.00
LandscapeArchitect ............................................................................................
............................... 150.00
SeniorGIS Analyst ..............................................................................................
............................... 150.00
ProjectEngineer .................................................................................................
............................... 148.00
ProjectPlanner ...................................................................................................
............................... 148.00
Environmental Specialist.....................................................................................
............................... 138.00
Design Engineer /Senior Designer / Mapper... ........................................................................................
135.00
GISAnalyst .........................................................................................................
............................... 122.00
Designer /Planner ....................................................................... ...............................
......................... 118.00
ProjectCoordinator .............................................................................................
............................... 110.00
GraphicArtist ........................................................................................................
............................... 97.00
Environmental Analyst/Staff Planner ............................................ ...............................
..........................97.00
DesignTechnician ....................................................................... ...............................
..........................97.00
Assistant Engineer / Planner .......................................................... ...............................
..........................93.00
PermitProcessor ..................................................................................................
............................... 83.00
Engineering Aid/Planning Aid ...................................................... ...............................
..........................75.00
OfficeSupport/ Clerical ..........................................................................................
............................... 63.00
FIELD PERSONNEL
2- Person Survey Crew ......................................................................................
............................... $245.00
1- Person Survey Crew ........................................................................................
............................... 155.00
LicensedSurveyor ..............................................................................................
............................... 175.00
FieldSupervisor ..................................................................................................
............................... 172.00
CONSTRUCTION MANAGEMENT PERSONNEL
ConstructionManager .......................................................................................
............................... $185.00
Resident Engineer /Project Manager .....................................................................
............................... 154.00
Senior Construction Inspector ..................................................... ...............................
.........................123.00
ConstructionInspector .........................................................................................
............................... 118.00
Field Office Engineer .................................................................. ...............................
.........................110.00
Construction Technician .............................................................. ...............................
..........................95.00
Note:
Blueprinting, reproduction, messenger service and other direct expenses will be charged as an additional cost plus 15 %. A Sub - consultant Management
Fee of fifteen- percent (15 %) will be added to the direct cost of all sub - consultant services to provide for the cost of administration, subconsultam
consultation and insurance. Vehicle mileage will be charged as an additional cast at 0.60 per mile.