HomeMy WebLinkAboutC-5497 - PSA for Corona del Mar Parking Management PlanPROFESSIONAL SERVICES AGREEMENT
WITH NELSON\NYGAARD CONSULTING ASSOCIATES, INC. FOR
CORONA DEL MAR PARKING MANAGEMENT PLAN
THIS PROFESSIONAL SERVICES AGREEMENT ( "Agreement ") is made and
entered into as of this 18th day of June, 2013 ( "Effective Date "), by and between the
CITY OF NEWPORT BEACH, a California municipal corporation and charter city
( "City'), and NELSON \NYGAARD CONSULTING ASSOCIATES, INC., a California
corporation ( "Consultant "), whose address is 116 New Montgomery Street, Ste. 500,
San Francisco, CA 94105, and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City,
B. City desires to engage Consultant to parking management plan for Corona del
Mar ( "Project').
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. 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 Effective Date, and shall
terminate on June 1, 2014, 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 ( "Services"
or "Work "). City may elect to delete certain Services within the Scope of Services at its
sole discretion.
3. TIME OF PERFORMANCE
31 Time is of the essence in the performance of Services under this
Agreement and Consultant shall perform the Services in accordance with the schedule
included in Exhibit A. In the absence of a specific schedule, the Services shall be
performed to completion in a diligent and timely manner. The failure by Consultant to
strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a
diligent and timely manner may result in termination of this Agreement by City.
12 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 within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
33 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein 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.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand - delivery or mail.
4, COMPENSATION TO CONSULTANT
4.1 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 Fifty -Eight
Thousand Eight Hundred Fifty Dollars and Noll 00 ($58,850.00), 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.
4.2 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) calendar days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses
specifically identified in Exhibit B to this Agreement or specifically approved in writing in
advance by City.
4.4 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.
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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
5.1 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 Brian Canepa 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.
5.2 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.
5.3 If Consultant is performing inspection services for City, the Project
Manager and any other assigned staff shall be equipped with a cellular phone to
communicate with City staff. The Project Manager's cellular phone number shall be
provided to City.
8. ADMINISTRATION
This Agreement will be administered by the Community Development
Department. City's Associate Planner, Fern Nueno or designee shall be the Project
Administrator and shall have the authority to act for City under this Agreement. The
Project Administrator shall represent City in all matters pertaining to the Services to be
rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such materials in a
timely manner so as not to cause delays in Consultant's Work schedule.
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81 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 the highest professional
standards. For purposes of this Agreement, the phrase "highest professional
standards" shall mean those standards of practice recognized by one (1) or more first -
class firms performing similar work under similar circumstances.
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8.2 All Services shall be performed by qualified and experienced personnel
who are not employed by City. By delivery of completed Work, Consultant certifies that
the Work conforms to the requirements of this Agreement, all applicable federal, state
and local laws, and the highest professional standard.
8.3 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force and 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.
8.4 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, 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
9.9 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 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,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims "), which may arise from or in any manner
relate (directly or indirectly) to any 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, reckless, and /or willful acts,
errors and /or omissions of Consultant, its principals, officers, agents, employees,
vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly
by any of them or for whose acts they may be liable, or any or all of them).
9.2 Notwithstanding the foregoing, nothing herein shall be construed to
require Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorneys' 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
Consultant.
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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. No
civil service status or other right of employment shall accrue to Consultant or its
employees. 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 of the Work 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 informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the
term of this Agreement or for other periods as specified in this Agreement, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
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
Neison\Nygaard Consulting Associates, Inc. Page 5
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 co- tenancy, which shall result in changing
the control of Consultant. Control means fifty percent (50 %) or more of the voting
power or twenty -five percent (25 %) or more of the assets of the corporation, partnership
or joint-venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any 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. City is an intended beneficiary
of any Work performed by the subcontractor for purposes of establishing a duty of care
between the subcontractor and City. Except as specifically authorized herein, the
Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
17.1 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.
17.2 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.
17.3 All written documents shall be transmitted to City in formats compatible
with Microsoft Office and/or viewable with Adobe Acrobat.
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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 expressly authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including
costs, contained in Consultant's Documents provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the Services 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.
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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 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.
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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 Section is intended to limit City's rights under the
law or any other sections of this Agreement.
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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
24.1 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.
24.2 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
25.1 All notices, demands, requests or approvals, including any change in
mailing address, 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.
25.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Fern Nueno, Associate Planner
Community Development Department
City of Newport Beach
160 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
25.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Brian Canepa
NELSON\NYGAARD CONSULTING ASSOCIATES, INC.
116 New Montgomery Street, Ste. 500
San Francisco, CA 94105
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28. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in
writing, all claims for compensation under or arising out of this Agreement.
Consultant's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Consultant in writing as unsettled at the time of its final request
for payment. Consultant and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Consultant shall be required to file any claim
Consultant may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 of seq.).
27. TERMINATION
27.1 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.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than 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.
28. STANDARD PROVISIONS
28.1 Recitals. City and Consultant acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference into this Agreement.
28.2 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.
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28.3 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.
28.4 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.
28.5 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.
28.6 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.
28.7 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.
28.8 Severabilitv. 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.
28.9 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, State of California.
28.10 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, age or any other impermissible basis under law.
28.11 No Attorneys' Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorneys' fees.
28.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 6 3
By: u.. -
Aa n . Harp
City Attorney 406
ATTEST:
Date:
By: m1a . N-Yv�
Leilani I. Brown
City Clerk
,P
L'gi.l FOF�
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: 2®[.3
By:
Kimberly trandt, AICP
Community Development Director
CONSULTANT: NELSON\NYGAARD
CONSULTING ASSOCIATES, INC., a
California cop rato
Date: 22S 3
By:
Paul Jewel
Chief Operating icer & Principal
Date -
By
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
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EXHIBIT A
SCOPE OF SERVICES
Nelson\Nygaard Consu ing Associates, Inc. Page A -1
Corona del Mar Parking Management Plan Proposal
Nelson \Nygaard proposes the following work plan to develop parking management recommendations.
We believe this work plan will allow the Corona del Mar BID to cost - effectively assess and maximize
parking resources, and offer strategic guidance to for short -and long -term parking management decisions
We have included what we believe is adequate detail to demonstrate how we would undertake all the
activities outlined. We would be happy to discuss our proposed approach in greater depth or provide any
additional information that would be helpful to the BID in evaluating our proposal. If selected, our first
task would be to refine and confirm the scope, schedule, and budget in conversation with the BID to make
sure it aligns with the goals and the resources available for this study.
Please see our proposed project budget, Figure r on page g, and proposed project schedule, Figure 2 on
page ro for start and completion dates as well as cost estimates for each task and sub -task detailed below.
All deliverables will be submitted in electronic format (Word and /or PDF).
NelsonWygaard Consulting Associates Inc, 13
Corona del Mar Parking Management Plan Proposal
• 2oo8 Corona del Mar (Walker) parking study
• Documented changes in the parking supply since 2oo8
• Future plans or proposals to expand or contract on- or off - street parking
• Any relevant special event parking plans
• Electronic files of base maps of the project areas, including parcel lines, rights of way, street
names, and project areas boundaries
22 Existing Parking Supply and Demand Assessment
Parking utilization and turnover rates and patterns will be analyzed to assess the capacity for the existing
supply to meet current demand. Based on these observations, Nelson \Nygaard will determine the amount
of parking surplus or deficit given the existing parking supply. This information will be analyzed using
Geographic Information System (GIS) maps to detail peak usage by lot and for each block face for the
study area as a whole, as well as for individual zones or key sub -areas as identified by the BID.
In addition, Nelson \Nygaard will develop a comprehensive list of all land use quantities within Corona del
Mar using the most current land use data provided by the BID or City. Utilizing this land use inventory,
Nelson \Nygaard will be able to conduct an objective assessment of actual parking usage during a "typical
day ", with an emphasis placed on peak occupancies during the count periods.
More specifically, Nelson \Nygaard will determine both the built ratio and the demand ratio of parking.
The built ratio compares the total number of existing parking spaces to the total existing square footage of
occupied building space within Corona del Mar. The demand ratio represents peak hour parking
occupancy, combining the on- and off - street supply. In short, actual parked vehicles can be correlated to
actual occupied building area to develop ratios that can be effectively compared to Code requirements.
This analysis will enable Nelson \Nygaard to demonstrate the effects of development on parking and will
be used to inform the recommendations related to parking management, including opportunities for
shared parking among various land uses.
Task 2 Deliverable: Technical Memorandum: Existing Parking Conditions
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3.1 Future Parking Supply and Demand Assessment
In Task 3, Nelson \Nygaard will build upon its existing conditions analysis to project future demand for
parking, taking into account upcoming parking supply changes (e.g. potential loss of on- street parking
near MacArthur Boulvevard and Pacific Coast Highway) or development projects in Corona del Mar. An
assessment of the factors driving existing and projected parking demand will be performed to establish an
understanding of how parking behavior in each of the areas is influenced. This assessment will be based
on:
• Existing and projected parking supply
• Existing and projected parking utilization patterns
• Anticipated policy or zoning changes that could influence supply or demand
• Anticipated development changes that could influence supply or demand
Nelson \Nygaard will build future parking demand ratios based on these variables in light of the results
obtained from Task 2, which will their be used to analyze parking needs for the entire study area and
identified sub - zones. The ratios will be compared to Code requirements in light of new potential shared
parking arrangements and the creation of efficient "park once" environments. This information will also
help the BID to better measure the trade-offs involved in implementing different parking management
strategies.
NelsonlNygaard Consulting Associates Inc. 14
Corona del Mar Parking Management Plan Proposal
Task 3 Deliverable: Technical Memorandum: Future Parking Conditions
4.9 Preliminary Parking Demand Management Strategy
Nelson \Nygaard's experience and expertise in parking management has shown that traditional
approaches to parking challenges, which often focus on simply increasing supply, are not always
supportive of larger community efforts to create balanced neighborhoods that support growth while
meeting the needs of merchants, residents, employees, and visitors in creating a friendly, walkable
district. Our belief is that overall parking goals must reflect the ways in which parking can support the
BID'S larger objectives, while recognizing the importance of maintaining access for all users. In short, we
seek to provide not just supply -side solutions, but cost - effective strategies that address parking demand.
As such, our recommendations will focus on implementing sound demand management strategies for all
on- and off - street parking facilities. These demand management strategies, or suites of strategies, will
consider the following elements:
Optimization of existing spaces— including a physical assessment of current parking
facilities, as well as an analysis of time restrictions, existing wayfinding programs, and real -time
information about parking availability. Ensuring that motorists are aware of, and can easily
access, existing parking facilities, especially those within walking distance, will be an essential
parking management goal.
M Time limit and /or Pricing strategies— including, but not limited to, modified time limits,
employee parking pricing, unbundling parking costs from office leases and residential rents,
leasing of private spaces, in -lieu fees, and modified rates and hours of operation for both on- and
off - street spaces.
Residential and /or Employee Parking Permit programs —as a means to address spillover
into residential neighborhoods and the long -term use of parking facilities by employees. Existing
permit programs will be evaluated, and suggested possible changes to these programs could
include boundaries of a permit district, hours and days of operation, pricing of permits and
funding opportunities, permits per household /employee, and implementation processes.
Transportation demand management strategies and improvements to alternative
transportation —will consider the potential for possible improvements to transit, vanpool,
carpool, bicycle and pedestrian networks and programs, and carshare programs, in order to
ensure that the overall plan directs investment into the most cost- effective mix of parking
improvements and improvements to alternative transportation in order to meet the needs of the
district.
* Bicycle and pedestrian improvements— programs and infrastructure to increase walking or
biking can significantly reduce the need to provide short -term parking. We will focus on efforts to
encourage drivers to make other stops by foot or bike after parking once.
4.2 Preliminary Parking Supply Management Strategy
In addition to managing the demand for parking, it is also essential to address parking supply. Although
Corona del Mar will likely benefit from a host of measures from revised sharing standards to proper on-
street management, it is anticipated that supply strategies such as regulatory parking reform will play an
equally critical role in achieving a vibrant, prosperous district. Supply management strategies, or suites of
strategies, will consider the following elements:
Nelson \Nygaard Consulting Assoc +aces Inc. 15
Corona del Mar Parking Management Plan Proposal
Regulatory reforms— Often, outdated or little known provisions of a city's zoning ordinance
can inhibit desired developments and stymie economic growth. Several development standards
will be examined 'including, blended non - residential ratios, shared parking provisions, varied
minimum /maximum requirements, and off -site parking allowances. These strategies will all seek
to create and support a "park- once" district, in which motorists will be able to park once and then
walk to multiple destinations.
• Evaluation of opportunity sites —to determine what parcels of land may be appropriate for
the development of future parking facilities if deemed necessary and supportive of larger
community goals. Identify potential reconfiguration of existing off - street parking lots to increase
parking supply.
• Park - and -Ride shuttle opportunities —to transport motorists between peripheral lots and
their destinations. This will be especially valuable in preparing for special events when demand is
unusually high.
• Bike parking strategies -- Identify opportunities and potential locations for additional bicycle
parking within the district.
Nelson \Nygaard will provide estimates of expenditures for all supply and demand management strategies
that generate capital or operating costs.
Task 4 Deliverable: Technical Memorandum: Preliminary Parking Management Strategies
Nelson \Nygaard will compile all data analysis and recommendations into a comprehensive Parking
Management Plan for Corona del Mar. The plan will summarize the project goals and objectives, key
findings, and specific recommendations based on the quantitative analysis and public input. In addition,
it will include a phased approach to implementing recommended strategies. For example, shorter term
issues are expected to include changes in parking code and/or the development of in -lieu fees that can be
implemented in conjunction with current or future development proposals. Long -term issues may include
setting the groundwork for future residential parking permit or benefit districts. The plan will be written
in a concise and clear style that will incorporate appropriate visual graphics to ensure that it is a user -
friendly document.
Nelson \Nygaard will submit a draft plan for review and based on an electronic single set of non-
conflicting comments from the BID, we will revise and submit a final plan.
Task 5 Deliverables: Draft & Final Parking Management Plan
xt` t t zt t t o �tti` t o t a i ul i ti xn ;* t `h lltt4l t F
6.9 Progress Meetings
Nelson \Nygaard will participate in two coordination and progress meetings with BID staff and key
community stakeholders (not including the project kick -off), one of which will be conducted via
conference call. These meetings will supplement ongoing and regular communication provided by
Nelson \Nygaard. Nelson \Nygaard views these meetings as vital to the development of this study and
plan. These meetings will provide the BID and other stakeholders the opportunity to not only stay
apprised of the project status, but also actively provide direction and feedback to the consultant.
Nelson \Nygaard will prepare meeting materials including agendas and handouts as necessary for each
meeting.
Nelson\Nygaard Consulting Associates Inc. 16
Corona del Mar Parking Management Plan Proposal
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Corona del Mar Parking Management Plan Proposal
Figure 1: Proposed Project Budget
CONTINGENCY
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7.1 Contingency
T0Tt1C HOURS
„ ' ' 32 ..
..
6
0 .:: 0
„= 114 92
TOTAE,CDST
. �. ;.. ,. ... . , .$
.
0�x, 8,570 $ 180 w . 5,350
NelsonlNygaard Consulting Associates Inc. 19
EXHIBIT B
SCHEDULE OF BILLING RATES
Nelson\Nygaard Consulting Associates, Inc. Page B -1
Corona del Mar Parking Management Plan proposal
Nelson \Nygaard has grown sustainably over the past 24 years, beginning as a 2- person start-up in 1987 to
a 8o- person full - service transportation consulting firm in 7 offices covering all of North America. During
the firm's history, we have been profitable every year, we have never taken on debt (all growth and capital
investments have been financed out of profits), and — unlike many of our peers —we have never laid off
anyone off due to lack of work despite the cyclical nature of the consulting field.
t'dELSON\NYGAA D RATES
The schedule of billing rates for any additional work undertaken as part of this project is provided below.
Professional Classification
Bitting Rate
Principal III
Brian Cane pa
$16g.00
Associate Project Planner
Phil Olmstead
$125.00
Geographic Information Systems (GIS)
$128.00
Creative Services
$104,00
Associate 11
$204.00
Intern
$50.00
The billing rates above are effective through June 30, 2013. Work undertaken after June 30, 2013 may be
subject to an annual rate increase of up to 5% without affecting the total project budget.
Ck" TWAAMA*GTIMK01:121
Travel costs are based on direct reimbursements for commercial transportation, including vehicle rental.
Costs for other commercial services (e.g., printing, computer time, laboratory fees, materials, and
supplies) are billed as direct reimbursement costs.
Please see our proposed project budget shown in Figure 1. We will not exceed the total cost we have
presented below, including reimbursables.
SCHEDULE
If selected, the Nelson \Nygaard team has the availability to mobilize immediately after receiving a notice
to proceed from the BID. We would suggest that our first task on this project be to sit down with BID staff
and confirm the project schedule for all tasks and milestones, as this will be a critical aspect of ensuring
the project is successful. If the BID wishes to pursue an expedited schedule, we are more than happy to
review the scope and schedule to meet its needs. Please see our proposed project schedule shown in
Figure 2 below.
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Corona del Mar Parking Management Plan Proposal
Figure 2: Proposed Project Schedule
NelsonlNygaartl Consulting Associates Inc. 110
IWN:11r:1111
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of 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. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. 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 VI1 (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury
by disease in accordance with the laws of the State of California, Section
3700 of the Labor Code.
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.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, one million dollars ($1,000,000) general aggregate. The
policy shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract
(including the tort liability of another assumed in a business contract) with
no endorsement or modification limiting the scope of coverage for liability
assumed under a contract.
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of 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
Nelson \Nygaard Consulting Associates, Inc. Page C -1
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
4. Insurance Requirements. The policies are to contain, or be endorsed to contain,
the following provisions:
A. 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
from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but
not including professional liability, shall provide or be endorsed to provide
that City and its officers, officials, employees, and agents shall be included
as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a
primary basis and shall not require contribution from any insurance or self -
insurance maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence 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 and other
endorsements as specified herein for each coverage. 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
Agreement. City reserves the right to require complete, certified copies of
all required insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
Nelson\Nygaard Consulting Associates, Inc. Page C -2
C. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non - compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
D. 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.
E. Self- insured Retentions. Any self - insured retentions must be declared to
and approved by City. City reserves the right to require that self - insured
retentions be eliminated, lowered, or replaced by a deductible. Self -
insurance will not be considered to comply with these requirements unless
approved by City.
F. City Remedies for Non - Compliance. If Consultant or any subconsultant
fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to
terminate this Agreement, or to suspend Consultant's right to proceed until
proper evidence of insurance is provided. Any amounts paid by City shall,
at City's sole option, be deducted from amounts payable to Consultant or
reimbursed by Consultant upon demand.
G. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Contract, and that involve or may
involve coverage under any of the required liability policies. City assumes
no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to
involve City.
H. Consultant's 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.
Nelson\Nygaard Consulting Associates, Inc. Page C -3
June 25, 2013
Leilani Brown
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Leilani,
Please find enclosed two (2) signed copies of the Newport Beach Contract No. 5497. Upon final
signatures, please return one (1) executed copy for our records. A PDF copy is acceptable and may be
sent to my attention at eberman @nelsonnvRaard.com.
As per my conversation with Cristal this morning, please find enclosed the meeting minutes for our
Board of Directors listing the acceptable signers for our contracts now. At Cristals direction, i went
ahead and crossed out Linda Rhine and included Bonnie Nelson as the second signer on this contract.
Thank you for your assistance with this matter. Do not hesitate to contact me should you have any
questions.
Thanks,
Liz Berman
Contract Coordinator /Project Liaison
eberman @nelsonnygaard.com
116 NEW MONTGOMERY STREET, SUITE 500 SAN FRANCISCO, CA 94105 415- 284 -1544 FAX 415- 284 -1554
•,v�aw. n e Is o n nygaard.co m
t1
M INUTES
TO: Shareholders
From: Jeffrey Tomlin
Date: May 9, 2013
Subject: Board Meeting Minutes: May 9, 2013
Shareholders present: Richard Weiner (chair), Bonnie Nelson, Paul Jewel, David Fields, Jeffrey
Tumlin (notetaker). Present for certain items: Raj Singly, Patrick Siegman, Tom Brennan (via
teleconference), Casey Boswell.
x. COO Update
a. Corporate Officers
The Board nominated and voted to appoint the following officers:
COO: Paul
President: Bonnie
116 NEW MONTGOMERY STREET, SUITE 500 SAN FRANCISCO, CA 94105 415- 284 -1544 FAX 415.284 -1554
www.neIsonnygoard.com
Nelson \Nygaard Board of Directors
May 9, 2013 Meeting ,Minutes
Secretary: Jeff
Treasurer: Paul
3. Patrick
4. Transition Plan
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Nelson,Nygoard Board of Directors
May 9, 2013 Meeting Minutes
g. Jeff and Rachel Plan
6. New Software
Nelson\Nygaard Consulting Associates Inc. 13
Nelson \Nygoord Board of Directors
May 9, 2013 Meeting Minutes
7. Other Items
Next Board meeting July 24 in San Francisco.
NelsonNygaard Consulting Associates Inc. 14