HomeMy WebLinkAbout13 - Agreement with Richard EdmonstonCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 13
February 27, 2007
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Stephen G. Badum
949 - 644 -3311 or sbadum @city.newport- beach.ca.us
SUBJECT: APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH
RICHARD EDMONSTON FOR PROJECT MANAGEMENT SERVICES
RECOMMENDATIONS:
Approve a Professional Services Agreement with Richard Edmonston, of
Huntington Beach, California, for project management at a not to exceed price of
$32,000 and authorize the Mayor and City Clerk to execute the Agreement.
Approve a Budget Amendment transferring $20,000 from salary savings in the
Transportation and Development Services Division (5200 -7000) and transfer the
funds to Transportation and Development Services Division Services Professional
and Technical Account 5200 -8080.
DISCUSSION:
Rich Edmonston, Transportation & Development Services Manager, retired on
December 31, 2006 after 31 years of service to the City. The City is currently working
to fill this position and it is expected that the recruitment process will be completed by
May /June. In the interim, Mr. Edmonston's services would be critical to keeping several
key projects and programs moving forward until a replacement Transportation &
Development Services Manager can be hired. It would also be beneficial for the City to
have some overlap after the new hire is on board so that Mr. Edmonston's intimate
knowledge of the City's transportation system can be shared.
The specific scope of work includes:
Fair Share Fee Update - Assist staff and the Fair Share Fee Update consultant
in the review of potential projects and proposed fee update. Estimated 92
hours; Completion - August 2007.
Traffic Signal Master Plan Replacement Program— This work will complete the
program that was started last summer to identify and schedule traffic signal
equipment replacements (including poles, mast arms, wiring, signal heads,
cabinets) to ensure continued traffic signal operations. Estimated 24 hours;
Completion - June 2007.
Approval of Professional Services Agreement with Richard Edmonston for Project Management
February 27, 2007
Page 2
3. Traffic Studv Guidelines — Prepare a comprehensive procedures manual for
staff and consultants to use in evaluating the traffic impacts of various
development projects that come before the City. Estimated 24 hours;
Completion - June 2007.
4. Traffic Signal Timing — Assist staff and Iteris in reviewing the proposed traffic
signal timing updates from the ongoing Traffic Signal Modernization project.
Estimated 72 hours; Completion - August 2007.
5. Division Policies and Procedures Manual — Document and prepare a policy and
procedures manual for the Transportation & Development Services division.
Estimated 40 hours; Completion - August 2007.
6. Update Chapter 12 of the Citv's Municipal Code - Rewrite the current Chapter
12 of the Municipal Code to reflect current needs, laws and policies of the City.
Much of the current Chapter is outdated and in need of simplification. Estimated
28 hours; Completion - July 2007.
7. Miscellaneous Staff Assistance — Assist staff with ongoing projects such as IBC
development issues, Mariner's Gateway, Fletcher Jones Mercedes entry issues,
staff transitions. Estimated 40 hours; Completion - August 2007.
Per the above scope, it is estimated that the total time required would be 320 hours with
all work completed at the agreed upon deadlines, the last of which is August 2007. The
proposed hourly rate will be $100 /hr at a total not to exceed cost of $32,000. This
expense can be covered by a combination of salary savings and unspent funds for
Professional and Technical Services within the Public Works Department budget.
City Council Policy F -20 requires City Council approval of all temporary contracts with
former City employees.
Funding Availability:
Upon approval of the recommended Budget Amendment, sufficient funds are available
in the following account(s) for the project:
Account Description
Services Professional and Technical
Submitted
Director
Account Number Amount
5200 -8080 $32,000.00
Total: $32,000.00
Attachment: Professional Services Agreement
PROFESSIONAL SERVICES AGREEMENT WITH
RICHARD M. EDMONSTON
FOR TRAFFIC PROJECT MANAGEMENT
THIS AGREEMENT is made and entered into as of this _ day of
2007, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation
( "Cit)(), and RICHARD M. EDMONSTON, an individual, whose address is 8792 Gallant
Drive, Huntington Beach, California, 92646 ( "Consultant"), and is made with reference
to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now
being conducted under the statutes of the State of California and the Charter of
City.
B. City is planning to proceed with the design and management of the City's Capital
Improvement projects.
C. City desires to engage Consultant to manage miscellaneous Traffic Improvement
projects ( "Project ").
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 Richard M.
Edmonston.
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 the 30th day of June, 2007, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform CIP Management Services as assigned by the
City Engineer.
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 parry so that all delays can be addressed.
3.1 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 Billing Rate of
$100 /hr. 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 Thousand Dollars and
no /100 ($50,000) 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.
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 Richard M.
Edmonston to be its Project Manager. Consultant shall not remove or reassign
the Project Manager.
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ADMINISTRATION
This Agreement will be administered by the Public Works Department.
Stephen G. Badum shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator or
his/her authorized representative shall represent City in all matters pertaining to
the services to be rendered pursuant to this Agreement.
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, access to 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.
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.
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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 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, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for
whose acts they may be liable or any or all of them.
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
active negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any
action on or to enforce the terms of this Agreement. This indemnity shall apply
to all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
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.
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12. CITY POLICY
Consultant shall discuss and review all matters relating to- policy and Project
direction with City's Project Administrator in advance of all critical decision points
in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and/or his /her
duly authorized designee informed on a regular basis regarding the status and
progress of the Project, activities performed and planned, and any meetings that
have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of work. Consultant shall obtain, provide and maintain at its own expense during
the term of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
D. Coverage Requirements.
Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Consultant shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
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employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days (10 calendar days written notice of non-
payment of premium) prior to such change. The insurer shall agree
to waive all rights of subrogation against City, its officers, agents,
employees and volunteers for losses arising from work performed
by Consultant for City.
ii. General Liability Coveraqe. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
iii. Automobile Liabilitv Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each occurrence.
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
L The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with
respect to liability arising out of work performed by or on behalf of
the Consultant.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self- insured retention City may have; shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
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iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be -suspended,
voided, canceled, or reduced in coverage or in limits, by either
party except after thirty (30) calendar days (10 calendar days
written notice of non - payment of premium) written notice has been
received by City.
F. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
G. Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy,
which shall result in changing the control of Consultant. Control means fifty
percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more
of the assets of the corporation, partnership orjoint- venture.
16. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation,' experience and competence of
Consultant. Assignments of any or all rights, duties or obligations of the
Consultant under this Agreement will be permitted only with the express written
consent of City. Consultant shall not subcontract any portion of the work to be
performed under this Agreement without the prior written authorization of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents "), prepared or caused to be prepared by
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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. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his /her
judgment as a design professional and is supplied for the general guidance of
City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the
accuracy of such opinions as compared to contractor bids or actual cost to City.
20. 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.
27. 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
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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.
22. 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.
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:
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Attn: Stephen G. Badum
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 - 644 -3311
Fax: 949 - 644 -3318
All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Richard M. Edmonston, P.E.
8792 Gallant Drive
Huntington Beach, CA 92646
Phone: 714- 720 -1556
26. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not
cured within a period of two (2) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting party fails to
give adequate assurance of due performance within two (2) calendar days after
receipt of written notice of.default, specifying the nature of such default and the
steps necessary to cure such default, and thereafter diligently take steps to cure
the default, the non - defaulting party may terminate the Agreement forthwith by
giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for services
satisfactorily performed and costs incurred up to the effective date of termination
for which Consultant has not been previously paid. On the effective date of
termination, Consultant shall deliver to City all reports, Documents and other
information developed or accumulated in the performance of this Agreement,
whether in draft or final form.
27. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
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. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
29. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations
and agreements of whatsoever kind or nature are merged herein. No verbal
agreement or implied covenant shall be held to vary the provisions herein.
30. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement
and the Scope of Services or any other attachments attached hereto, the terms
of this Agreement shall govern.
31. INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning
of the language used and shall not be construed for or against either party by
reason of the authorship of the Agreement or any other rule of construction
which might otherwise apply.
32. AMENDMENTS
This Agreement may be modified or amended only by a written document
executed by both Consultant and City and approved as to form by the City
Attorney.
33. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
34. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be
adjudicated in a court of competent jurisdiction in the County of Orange.
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35. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
'O�— C'
Assistant City Attorney, Aaron Harp
for the City of Newport Beach
ATTEST:
M
LaVonne Harkless,
City Clerk
Attachments:
Letter of Proposal
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CITY OF NEWPORT BEACH,
A Municipal Corporation
Mayor
for the City of Newport Beach
RICHARD M. EDMONSTON, PE.
in
Richard M. Edmonston, P.E.
Richard M. Edmonston, PE
8792 Gallant Drive
Huntington Beach, CA 92646
(714) 720 -1556
February 12, 2007
Stephen G. Badum
Public Works Director
City of Newport Beach
PO Box 1768
Newport Beach, CA 9265 8-89 15
Subject: Consulting Services/Part-time Employment
Dear Mr. Badum:
We recently discussed several projects of the Transportation & Development Services
Division of Public Works where I might function as the Project Manager. They are listed
below with an estimated project schedule and fee.
Fair Share Fee Update
This project is to be completed by August 2007 and you were issuing the RFQ/RFP to
several firms. I will work with you to identify all the improvement projects that are
either assumed in the recent General Plan Update or were identified as necessary to
provide the Level of Service determined by the City Council. We should also discuss the
potential for contributions to regional projects as well as any appropriate traffic signal
upgrade and maintenance costs. This project is anticipated to require 92 hours of my
effort between March and August.
Traffic Si%mal Master Plan
This project has been started and needs to be finished to document the state of the current
traffic signal field and office equipment. From this the Master Plan will provide
scheduled replacements and provide budgetary information on what will be required to
keep this important component of the transportation system in good working order. This
project is anticipated to require 24 hours of my time and would be completed by June.
Traffic Study Guidelines
The City's traffic studies have evolved considerably from those based solely on either the
General Plan or the Traffic Phasing Ordinance (TPO). The TPO provides a detailed
methodology and significance criteria that is missing for General Plan level analyses and
for the Cumulative studies done to assure compliance with CF-QA. The finished Traffic
Study Guidelines will provide a comprehensive procedure for consultants and staff to use
in evaluating the traffic impacts of various projects that will come before the City. This
project is anticipated to require 24 hours of my time and would be completed by June.
Traffic Signal Timing
This project would more assistance from staff than any .other project. This project
provides for the inventory, review, and update of the stand -alone timing for all City
controlled intersections. This information is a basic input that will be used in developing
the coordination timing for the new Econolite Icons system. A key aspect will be
ensuring that timing parameters comply with current federal and state guidelines. This
project is anticipated to require 72 hours of my time and would be completed by August.
Policies and Procedures Manual
A manual would be prepared for each section documenting the policies and procedures
used by the Transportation and Development Services divisions. This project is
anticipated to require 40 hours of my time and would be completed by August.
Rewrite of Chapter 12 of the Municipal Code
Chapter 12 is the Traffic chapter and portions of it are significantly out of date and do not
address current needs of the City. The Chapter would be rewritten to reflect current
operating processes with and eye to simplification where possible. This project is
anticipated to require 28 hours of my time along with clerical support and would be
completed by July.
Miscellaneous
I will be available to assist you and other staff in any manner where my history and
background with the City of Newport Beach would be valuable.
Fee
My fee for services would be $100 per hour to be paid bi- weekly.
Please contact me if you have any questions or would like revisions to this proposal.
Sincerely,
e4"
Richard M. Edmonston, PE
City of Newport Beach
BUDGET AMENDMENT
2006 -07
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
Increase Expenditure Appropriations AND
PX Transfer Budget Appropriations
SOURCE:
from existing budget appropriations
from additional estimated revenues
from unappropriated fund balance
EXPLANATION:
NO. BA- 07BA -051
AMOUNT: $20,000.00
Increase in Budgetary Fund Balance
Decrease in Budgetary Fund Balance
PX No effect on Budgetary Fund Balance
This budget amendment is requested to provide for the following:
To transfer budget appropriations from salary savings to approve a professional services agreement with Richard Edmonston
for project management services.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account
REVENUE ESTIMATES (3601)
Fund /Division Account
EXPENDITURE APPROPRIATIONS (3603)
Description
Description
Signed:
Signed:
Signed:
Approval: Administrafive Services Director
Manager
City Council Approval: City Clerk
Amount
Debit Credit
$20,000.00
Automatic
$20,000.00
Date
Date
Date
Description
Division
Number
5200
Public Works - Transportation Development
Account
Number
7000
Salaries - Misc
Division
Number
5200
Public Works - Transportation Development
Account
Number
8080
Services - Professional & Technical NOC
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Signed:
Signed:
Signed:
Approval: Administrafive Services Director
Manager
City Council Approval: City Clerk
Amount
Debit Credit
$20,000.00
Automatic
$20,000.00
Date
Date
Date