HomeMy WebLinkAbout6 - On-Call Traffic Services AgreementsCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 6
May 22, 2007
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Antony Brine, P.E.
949 - 6443329 or tbrine @city.newport- beach.ca.us
SUBJECT: TRAFFIC ON -CALL SERVICES - APPROVAL OF PROFESSIONAL
SERVICES AGREEMENTS
RECOMMENDATION:
Approve Professional Services Agreements with Austin -Foust Associates, Inc. and
Transportation Studies, Inc. for on -call traffic engineering services and authorize the
Mayor and City Clerk to execute the Agreements.
DISCUSSION:
On -call agreements allow staff to retain specialized services that are regularly required
for various projects at fees that are set for a two year period of time.
Austin -Foust Associates, Inc. has performed traffic engineering services for more than
73 projects for the City over the past 25 years. These projects have included the
Corona del Mar High School traffic study, development of the original Newport Beach
Traffic Model, and design of the Upper Newport Bay Bike Trail.
Transportation Studies, Inc. has provided years of traffic data collection services for the
City. Their firm collects manual turning movement counts, 24 -hour speed and volume
data collection, radar speed surveys, and parking counts.
Both these firms have provided exceptionally high quality service on numerous projects
over the years. Rates included in the agreements are competitive and in line with
industry standards.
The proposed Fiscal Year 2007/08 Capital Improvements Program (CIP) budget is
estimated at more than $37 million and includes over 100 projects. Many will require
traffic engineering services, such as signing and striping plan preparation, and traffic
calming reviews. Staff recommends approval of the attached Agreements to facilitate
implementation of the CIP.
Traffic On -Call Services — Approval Professional Services Agreements
May 22, 2007
Page 2
Funding Availability:
Funds for these services are available in specific project accounts within the City
Council approved Capital Improvement Program.
Environmental Review:
Environmental clearances will be completed for each Capital Improvement Project.
Prepared by:
Antony Brine, P. 1E.
Principal Civil Engineer
Submitted by:
'�. Badum
Works Director
Attachment: Agreement with Austin -Foust Associates, Inc.
Agreement with Transportation. Studies, Inc
PROFESSIONAL SERVICES AGREEMENT WITH
AUSTIN -FOUST ASSOCIATES, INC.,
FOR ON -CALL TRAFFIC ENGINEERING SERVICES
THIS AGREEMENT is made and entered into as of this day of
, 2007, by and between the CITY OF NEWPORT BEACH, a Municipal
Corporation ( "City "), and AUSTIN -FOUST ASSOCIATES, INC., a California corporation
whose address is 2223 Wellington Avenue, Suite 300, Santa Ana, California 92701-
3161 ( "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 has a need for on -call assistance for traffic engineering analysis, traffic
studies, and design services.
C. City desires to engage Consultant to perform on -call traffic engineering services
throughout the City on an as need basis ( "Project ").
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member[s] of Consultant for purposes of Project, shall be Joe
Foust, P.E.
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, 2009, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
Consultant shall provide "On -Call" traffic engineering analysis, traffic studies,
and design services as described in the Statement of Qualifications attached as
Exhibit "A." Upon verbal or written request from the Project Administrator,
Consultant shall provide a letter proposal for services requested by the City
(hereinafter referred to as the "Letter- Proposal "). The Letter Proposal shall
include the following:
A. A detailed description of the services to be provided;
B. The position of each person to be assigned to perform the services, and
the name of the individuals to be assigned, if available; .
C. The estimated number of hours and cost to complete the services; and
D. The time needed to finish the specific project.
No services shall be provided until the Project Administrator has provided written
acceptance of the Letter Proposal. Once authorized to proceed, Consultant shall
diligently perform the duties in the approved Letter Proposal.
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 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.
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No rate changes shall be made during the term of this Agreement without the prior
written approval of the City. Consultant's compensation for services performed in
accordance with this Agreement, including all reimbursable items and
subconsultant fees, shall not exceed the fees identified in the Letter Proposal, as
approved by the Project Administrator. Any Letter Proposal that sets forth fees in
excess of Thirty Thousand Dollars and No Cents ($30,000.00) shall require a
separate Professional Service Agreement approved by per Council Policy F -14.
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 and/or classification of employee who performed the work, a
brief description of the services performed and/or the specific task in the
letter proposal 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 shalt reimburse Consultant only for those costs or expenses
specifically approved in the Letter Proposal. Unless otherwise approved,
such costs shall be limited and include nothing more than the following
costs incurred by Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement and the Letter Proposal, 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 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 Letter
Proposal and which the parties did not reasonably anticipate would be
necessary. Compensation for any authorized Extra Work shall be paid in
accordance with the Schedule of Billing Rates 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 Joe Foust, P.E.
to be its Project Manager. Consultant shall not remove or reassign the Project
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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. Antony
Brine, P.E. shall be the Project Administrator and shall have the authority to act
for City under this Agreement. The Project Administrator or his /her authorized
representative shall represent City in all matters pertaining to the services to be
rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, 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 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 or shall obtain all
licenses, permits, qualifications, insurance and approvals of whatsoever
nature that are legally required of Consultant to practice its profession.
Consultant further represents and warrants to City that Consultant shall, at
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its sole cost and expense, keep in effect or obtain at all times during the
term of this Agreement, any and all licenses, permits, insurance and other
approvals that are 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 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, 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 orwillful 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
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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/her
duly authorized designee informed on a regular basis regarding the status and
progress of the work, 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's 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
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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.
1. Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Consultant shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non - renewal of all
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.
2. 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,
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.
3. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each occurrence.
4. Professional Errors and Omissions Insurance. Consultant shall
maintain professional errors and omissions insurance, which
covers the services to be performed in connection with this
Agreement in the minimum amount of one million dollars
($1,000,000).
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E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
1. 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.
2. 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.
3. 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.
4. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
5. 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.
6. 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
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subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy,
which shall result in changing the control of Consultant. Control means fifty
percent (50 %) or more of the voting power, or twenty -five percent (25%) or more
of the assets of the corporation, partnership or joint-venture.
16. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of
Consultant. Assignments of any or all rights, duties or obligations of the
Consultant under this Agreement will be permitted only with the express written
consent of City. Consultant shall not subcontract any portion of the work to be
performed under this Agreement without the 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
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 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. COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer
or architect in charge of or responsible for the work. City agrees that Consultant
shall not be liable for claims, liabilities or losses arising out of, or connected with
(a) the modification or misuse by City, or anyone authorized by City, of CADD
data; (b) the decline of accuracy or readability of CADD data due to inappropriate
storage conditions or duration; or (c) any use by City, or anyone authorized by
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City, of CADD data for additions to this Project, for the completion of this Project
by others, or for any other Project, excepting only such use as is authorized, in
writing, by Consultant. By acceptance of CADD data, City agrees to indemnify
Consultant for damages and liability resulting from the modification or misuse of
such CADD data. All original drawings shall be submitted to City in the version
of AutoCAD used by City in ".dwg" file format on a CD, and should comply with
the City's digital submission requirements for Improvement Plans. The City will
provide AutoCAD file of City Title Sheets. All written documents shall be
transmitted to City in the City's latest adopted version of Microsoft Word and,
Excel.
19.. 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 the release of information.
20. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his
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.
21. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers,
representatives and employees against 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.
22. 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 to this Agreement. All such records shall be
clearly identifiable. Consultant shall allow a representative of City to examine,
audit and make transcripts or copies of such records 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 under this Agreement.
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23. WITHHOLDINGS
City may withhold payment 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 designee with respect to
such disputed sums. Consultant shall be entitled to receive interest on arvy
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.
24. 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 any other sections of this Agreement.
25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
26. 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 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.
27. 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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Antony Brine
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92658 -8915
Phone: 949 - 644 -3311
Fax: 949 - 644 -3318
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Joe Foust
Austin -Foust Associates, Inc.
223 Wellington Avenue, Suite 300
Santa Ana, CA 92701 -3161
Phone: 714 - 667 -0496
Fax: 714 -667 -7952
28. 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
Ccured 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, the non - defaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provision, 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 and other information
developed or accumulated in the performance of this Agreement, whether in
draft or final form.
29. 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, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
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30. 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.
31. 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.
32. 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.
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.
35. 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.
36. 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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37. 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:
By: " ( .
Aaron C. Harp,
Assistant City Attorney
for the City of Newport Beach
ATTEST:
L_
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH
A Municipal Corporation
Mayor
for the City of Newport Beach
AUSTIN -FOUST ASSOCIATES, INC.
By:
(Corporate Officer)
Title:
Print Name:
nanciai Officer)
Title:
Print Name:
Attachments: Exhibit A — Statement of Qualifications
Exhibit B —Schedule of Billing Rates
f: \users \pbw \shared \agreements \fy 07 -08 \on -call services \austin foust- traffic engineering.doc
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Exhibit A
r44VST /N-FO[!ST ASSOCIATE'S, /NC.
TRAFFIC ENGINEERING AND TRANSPORTATION PLANNING
April 16, 2007
City of Newport Beach
Public Works Department
3300 Newport Blvd.
Newport Beach, CA 92658
ATTENTION: Mr. Tony Brine, Acting Traffic Engineer
SUBJECT: SOQ — ON -CALL TRAFFIC ENGINEERING DESIGN SERVICES
Dear Mr. Brine:
Austin -Foust Associates, Inc. (AFA) are pleased to have been invited to submit a Statement of
Qualifications (SOQ) for On -Call Traffic Engineering Design Services to the City from now until June
30, 2009. Let us begin by indicating our sincere interest in what we hope to be a continuation of
essentially this same type of service to the City over the past 20+ years. While we are attempting to
follow the SOQ precisely by furnishing information on the seven specific areas noted, we would hope you
simply examine our past experience with the City of Newport Beach and use that as your guide to
evaluating our qualifications. In fact, simply-ask your own staff and perhaps Mr. Rich Edmonton, now
retired, as to their impressions of our qualifications.
In addition to Staff references, we would like to point to a few recent projects that we believe have been
quite successful and represent the quality of work you have come to expect from us. A few examples are:
1. The Joint City — Corona Del Mar High School sponsored traffic study that led to re- striping of
Eastbluff Drive and the re- design of the main parking lot circulation and new "airport style" drop -
off.
2. Development of the original Newport Beach Traffic Model with periodic updates and
maintenance.
3. Citywide General Plan Amendment Traffic Circulation Study.
4. Design of Upper Newport Bay Bike Trail.
5. Newport Beach Trip Rate Traffic Study.
6. Seventy-three other individual projects for the City over a 25 -year period.
07eityofne"artWwhsoq.doc
2223 Wellington Avenue, Suite 300 • Santa Ana, California 92701 -3161
Tel: (714) 667 -0496 Fax: (714) 667 -7952
www.austinfoust.com
Mr. Tony Brine, City of Newport Beach
April 16, 2007
Page.2
We hope this provides enough information for you to fully evaluate us. If not, we would be pleased to
provide whatever other material you need. However, we believe the impressions we have already made
with you and your staff speaks for itself and we trust that references over any promotional typo of
information as the best indication of our qualifications. However, you are welcome to call me directly
should you have any questions. We want very much to continue our on -going relationship with the City
of Newport Beach.
Attachment: SOQ Information
07cityofnewportbewh".doc
SOQ INFORMATION _
LOCAL STAFFING
Joe E. Foust, Principle
Terence W. Austin, Principle
Daryl Zerfass, Associate
Krys Saldivar, Associate
Cathy Lawrence, Transportation Engineer
ADVANCE NOTICE REQUIREMENTS
Austin -Foust Associates, Inc. (AFA) pledges to respond to any and all calls for traffic engineering
assistance either the same day or following business day for preliminary discussion. If a formal written
proposal is required, such shall be provided for as agreed in the preliminary discussion, but for certain
within one week for a major effort. We will respond in three days for a minor effort.
RESUMES OF KEY PERSONNEL (see Next Page)
07cityofnewponbeachwq. doc
RESUME
JOE E. FOUST, Principal
Education B.S. in Civil Engineering
M.S. in Transportation
Registration Traffic Engineer: CA #854
Civil Engineer. CA #20258
Organizations Institute of Transportation Engineers
Orange County Traffic Engineers Council, Chairman -1979
Experience Mr. Foust is co- founder of Austin -Foust Associates, Inc. (AFA), and prior to
establishment of the firm, 20 years ago, was the principal owner of JEF Engineering.
Mr. Foust has prepared studies and reports covering a wide range of traffic engineering activities
such as impact studies of highway .improvement, impacts of proposed development, traffic operations
studies, channelization and signing studies, and computerized traffic control systems, as well as
performing traffic signal system studies.
Formerly, Mr. Foust was the head of the Transportation and Traffic Engineering Division for the
City of Santa Ana, a position held for over five years. While with Santa Ana, he was involved in a variety
of transportation projects including creation of the OCTD Multi -modal terminal in the downtown area.
Prior to Santa Ana, he held the position of Project ManagerFfraffic Engineer for VTN Consulting
Engineers and Caltrans. In these positions, he developed experience in all aspects of traffic engineering
from design through and including fiscal management. Local/regional work includes active participation
in the area of operations, design, transportation planning, and local /regional funding institutions. Mr.
Foust is a past member and Chairman of the Orange County Transportation Agency's Technical Advisory
Committee, as well as Southern California Association of Governments Transportation and Utilities
Committee.
Traffic Engineering
Mr. Foust has been heavily involved in several different FHWA funding programs, including the
current ISTEA. This experience includes preparation of applications during calls for projects up to and
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including preparation of final Plans, Specifications and Estimates (PS &E) complying with FHWA and
Caltrans requirements. The various programs Mr. Foust has participated in are Traffic Operations
Programs to Improve Capacity and Safety, Hazard Elimination and Safety, Intelligent Vehicle Systems,
Motorist Information Systems and Surveillance, and Pavement and Roadway Rehabilitation, among
others.
Computerized Traffic Flow Simulation
Mr. Foust has considerable knowledge and experience with computerized traffic flow simulation
including use of TRANSYT and SYNCHRO computer models. He routinely utilizes these models for
both optimization of signal timing and as an analytical tool. As Project Manager, he utilized
TRANSYT -717 to analyze computer runs in the performance of traffic signal Management and CORSIM
(coordination and surveillance) projects for several cities.
Traffic Studies
Mr. Foust has extensive experience in the preparation of traffic circulation and transportation
planning studies. These studies involve TSM/Transit options, parking management, residential traffic
control, and the integration of operational traffic engineering with regional travel modeling and
forecasting. Examples of recently completed studies include:
• Mission Viejo Hospital Traffic Study, Mission Viejo
• Gateway Redevelopment Area Traffic Study, Laguna Niguel
• Spadra Lane Residential Traffic Control Study, Mission Viejo
• Michelson Drive Residential Traffic Control Study, Irvine,
• Transportation Assessment Fee Feasibility Study, Palm Springs
• Peninsula Center Office Parking Management Program, Rolling Hills Estates
• Palos Verdes Parking and Circulation Study, Rancho Palos Verdes
• South Coast Plaza Area Transportation Study, Joint Effort: OC A, OCTD, City of Costa Mesa
and City of Santa Ana
• Santa Ana/Orange Neighborhood Preservation Plan, Santa Ana/Orange
• High Flow Arterial Concept Feasibility Study, OCTA
• Ocean Front Boardwalk Feasibility Study, Newport Beach
• University Drive Extension Deletion Study, Orange County
• Spring - Walnut MPAH Realignment Study, City of Orange
• PCH -Del Prado One -Way Couplet Study, Dana Point
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RESUME
TERENCE W. AUSTIN, Principal
Education B.E. in Civil Engineering
B.S. in Mathematics
M.S. in Transportation
M.B.A. in Business Administration
Registration Traffic Engineer: CA #TR1123
Experience
Mr. Austin is a principal with Austin -Foust Associates, Inc. He has been involved in
transportation planning for over 30 years, with specific expertise in long -range planning and effective
integration of transportation needs and strategies into overall land use and transportation system planning.
As part of his transportation planning work, he has carried out numerous traffic studies in support of
Project Study Reports (PSR's) and Project Reports (PR's). Some examples of major studies in which he
has been the project manager are as follows:
I -5/I -405 Confluence — Mr. Austin was Project Manager for the traffic study carried out for the I-
511-405 confluence in Orange County. The work included the preparation of traffic forecasts and
then the analysis of various alternatives to compare operational performance and identify capacity
needs. The results were used in both the PSR and PR for this major project.
Orange County Transportation Corridors — Mr. Austin has been Project Princcpal for
numerous special studies for Orange County's tollways. The studies have included interchange
analyses, phasing analyses, and most recently a detailed study of the proposed extension of the
Foothill Transportation Corridor (SR -41) from its current termination to 1 -5. The work has
involved preparing traffic forecasts and carrying out capacity analyses for 40 land
use/transportation alternatives.
Freeway Interchange Studies - Mr. Austin has been Project Manager for numerous PSR and
PR traffic studies for freeway interchange projects. Examples include 1- 5/Hasley Canyon Road,
1- 5/Magic Mountain Parkway, 1 -5 /SR -126 connection (Santa Clarita Valley), 1 -5 /Crown Valley
Parkway, and 1 -5 /Ortega Highway (Orange County).
Riverside County to Orange County MS. Mr. Austin is Project Manager for the Traffic
Analysis part of this Major Investment Study. The work involves analyzing various alternatives
for increasing capacity between the two counties. A major part of the work effort is analyzing
existing and future traffic operations for the SR -91 freeway.
With a proven ability to work with other professionals, Mr. Austin has participated in many
multidisciplinary teams on specific engineering projects.
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RESUME
DARYL ZERFASSi Associate
Education B.S. in Civil Engineering
Registration Traffic Engineer: CA # 1824
Organizations American Society of Civil Engineers (ASCE)
Institute of Transportation Engineers (ITE)
Experience Daryl Zerfass is a Transportation Engineer with Austin -Foust Associates, Inc.
(AFA). He has over 15 years experience in both traffic engineering and transportation planning and is a
Registered Traffic Engineer in the State of California.
Mr. Zerfass has performed numerous engineering studies involving site impact
analyses, roadway capacity analyses, traffic signal timing, arterial traffic signal coordination, traffic signal
design and traffic management plans. He is also experienced in traffic forecasting and has worked on
projects involving traffic modeling for areas throughout Southern California. Examples of recent project
experience are as follows:
TRANSPORTATION SYSTEM STUDIES
Santa Clarita Valley Highway System - Interim Year Improvement Program
Santa Clarita Valley Highway System - Evaluation of New Roadway Links
Eastern Transportation Corridor Phasing Analysis.
E%IPACT ANALYSIS STUDIES
North Valencia Annexation Areas 1 and 2 EIR Traffic Studies
Gates/King Development EIR Traffic Analysis
City of Costa Mesa General Plan Update
John Wayne Airport EIR Traffic analysis
South Coast Plaza Town Center EIR Traffic Analysis
Segerstrom Home Ranch EIR
Newport Coast Traffic Analyses
Fashion Island Expansion Traffic Analysis
Rye Canyon Business Park Traffic Study
Marketplace at Laguna Niguel Traffic Analysis
SIGNAL PROGRESSION ANALYSIS
City of Leine — Main Street Signal Coordination
Santa Clarita Mall Signal System
City of Corona - 6th Street Progression
1- 710/Firestone Boulevard Interchange Reconstruction Project PS &E
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San Joaquin Hills Transportation Corridor Stage Construction and Traffic Handling Plans
Traffic Signal and Channelization Plans in Orange and Riverside Counties
W. Zerfass is experienced with various traffic engineering software packages, including SYNCHRO,
SIMTRAFFIC, HCS, TRANSYT -7F, PASSER 11 -90 and AFA's own TRANPAC modeling software.
10 -25-04
07cityofnewportheachsoq.doc
KRYS SALDIVAR, Associate
Education B.S. in Civil Engineering with Environmental Planning Emphasis
Experience
Krys Saldivar is a Transportation Planner with AFA specializing in land use and circulation
planning. Her capabilities include traffic forecasting, capacity analysis, traffic engineering evaluation,
and land use/circulation impact analysis.
Ms. Saldivar has had responsibility for a variety of circulation analysis projects in Orange County
and other parts of Southern California. Her work has included land use development impact analyses,
highway facility EIR traffic studies, Specific Plan traffic studies, General Plan Circulation Element traffic
studies, and freeway interchange analyses. Examples of specific project experience are as follows:
• Foothill/Trabuco Specific Plan Traffic Study
• Irvine Spectrum Traffic Analyses
• Alipaz Deletion Study - Cities of Dana Point and San Juan Capistrano
• San Joaquin Hills Transportation Corridor South End analysis
• Camino Capistrano Development Circulation Alternatives
• General Plan Circulation Element update - City of Irvine
• General Plan Circulation Element update - City of Laguna Niguel
• General Plan Circulation Element update - City of Santa Fe Springs
• General Plan Circulation Element update - City of Tustin
• Portola Parkway Traffic Analysis
• ONeill Regional Park Traffic Analysis
• Irvine Business Complex Traffic Analysis
• Marine Corps Air Station (MCAS) Tustin Specific Plan/Reuse Plan
She has carried out traffic analyses for South Orange County cities and communities and has
worked on the development of traffic models for the University of California, Irvine campus and the
citywide model for the City of Irvine. She provides traffic analysis services on an on -going basis to the
Cities of Irvine and Newport Beach utilizing the cities' traffic models to determine circulation impacts of
specific development projects or circulation improvement programs.
10-26-04
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RESUME
CATHERINE LAWRENCE, Transportation Engineer
Education B.S. in Civil Engineering
Registration Traffic Engineer: CA #TR001634
Organizations Orange County Traffic Engineering Council
Institute of Transportation Engineers
Experience
Catherine Lawrence is a Transportation Engineer with 18 years experience in traffic and
transportation studies. Her capabilities include land use/circulation impact analysis, traffic forecasting,
capacity analysis, site plan and parking analysis, signal progression analysis and freeway operations
analysis.
Ms. Lawrence has been responsible for a variety of traffic impact studies and traffic engineering
evaluation projects throughout Southern California. She has been responsible for overseeing the firm's
traffic flow simulation models in many cities, including the City of San Juan Capistrano, the City of
Orange and the City of Moorpark. Examples of specific project experience are as follows:
Traffic Engineering
North Park Village Spec Plan Traffic Analysis
Edinger Corridor Spec Plan Traffic Analysis
Traffic Operations Analysis
FTC/ETC/SJHTC Annual AVO Survey
I -5 Corridor Feasibility Study
City Drive Ramp Relocation
City of Fountain Valley - Secondary Highway Interconnect
I -5 /Avery Interchange Feasibility Study
Greenfield/SJHTC Interchange Analysis
I- 710/Firestone Interchange Project Report
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PUBLIC AGENCIES WORKED FOR IN PAST FIVE YEARS
This listing would be quite lengthy. AFA's total client list is over 1000. We have worked for almost all
of the Cities in Orange County, most in Ventura County, several in San Bernardino and Riverside
Counties, and some in Los Angeles County. A copy of the listing of City clients, which totals 73, is
attached.
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CITY CLIENT LIST
City Of Agoura Hills City Of Huntington Beach
City Of Alhambra City Of Inglewood
City Of Aliso Viejo City Of Leine
City Of Anaheim
City Of La Habra
City Of Bell
City Of La Palma
City Of Bellflower
City Of La Puente
City Of Beverly Hills
City Of Laguna Niguel
City Of Brea
City Of Lake Forest
City Of Buena Park City Of Lakewood
City Of Camarillo City Of Lancaster
City Of Chino
City Of Lang Beach
City Of Colton
City Of Mission Viejo
City Of Commerce
City Of Moorpark
City Of Corona
City Of National City
City Of Costa Mesa
City Of Needles
City Of Dana Point
City Of Newport Beach
City Of Diamond Bar
City Of Norco
City Of El Segundo
City Of Norwalk
City Of Encinitas
City Of Ojai
City Of Fontana
City Of Ontario
City Of Fountain Valley City Of Orange
City Of Fullerton City Of Oxnard
City Of Garden Grove City Of Palm Desert
City Of Hermosa Beach City Of Palos Verdes
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City Of Pasadena
City Of Placentia
City Of Rancho Cucamonga
City Of Redondo Beach
City Of Riverside
City Of Rolling Hills Estates
City Of Sacramento
City Of San Buena Ventura
City Of San Clemente
City Of San Dimas
City Of San Juan Capistrano
City Of San Marino
City Of Santa Ma
City Of Santa Clarita
City Of Santa Fe Springs
City Of Santa Monica
City Of Solana Beach
City Of South Gate
City Of Temecula
City Of Torrance
City Of Tustin
City Of Vernon
City Of Whittier
City Of Yorba Linda
City Of Coto De Cara
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Exhibit B
FEE SCHEDULE (EXHIBIT B)
Effective January 1, 2007 — December 31, 2007
AUSTIN-FOUST ASSOCIATES, INC.
STANDARD RATE SCHEDULE
CATEGORY
HOURLY RATE
Principal
$175
Associate
$140-$160
Transportation Engineer
$100-$130
Transportation Planner
$75-$110
Transportation Analyst
$75-$120
Design Engineer
$110
Design Drafter
$75
Technical /Clerical
$70-$75
Direct expenses billed as actual costs
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PROFESSIONAL SERVICES AGREEMENT WITH
TSI TRANSPORTATION STUDIES, INC.
FOR ON -CALL TRAFFIC ENGINEERING SERVICES
THIS AGREEMENT is made and entered into as of this day of
2007, by and between the CITY OF NEWPORT BEACH, a Municipal
Corporation ( "City "), and TSI TRANSPORTATION STUDIES, INC., a California
corporation whose address is 1350 Reynolds Avenue, Suite 115, Irvine, California
92614 ( "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 cant' on its business as it is now
being conducted under the statutes of the State of California and the Charter of
City.
B. City has a need for on -call assistance for traffic data collection.
C. City desires to engage Consultant to perform on -call traffic engineering services
throughout the City on an as need basis ( "Project ").
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member[s] of Consultant for purposes of Project, shall be Craig
Shick.
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, 2009, unless .terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
Consultant shall provide "On -Call" traffic engineering services as described in
the Statement of Qualifications attached as Exhibit "A." Upon verbal or written
request from the Project Administrator, Consultant shall provide a letter proposal
for services requested by the City (hereinafter referred to as the "Letter
Proposal "). The Letter Proposal shall include the following:
3.
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A. A detailed description of the services to be provided;
B. The position of each person to be assigned to perform the services, and
the name of the individuals to be assigned, if available;
C. The estimated number of hours and cost to complete the services; and
D. The time needed to finish the specific project.
No services shall be provided until the Project Administrator has provided written
acceptance of the Letter Proposal. Once authorized to proceed, Consultant shall
diligently perform the duties in the approved Letter Proposal.
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 parry 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 telephone, fax, hand - delivery or mail.
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.
No rate changes shall be made during the term of this Agreement without the prior
written approval of the City. Consultant's compensation for services performed in
accordance with this Agreement, including all reimbursable items and
subconsultant fees, shall not exceed the fees identified in the Letter Proposal, as
approved by the Project Administrator. Any Letter Proposal that sets forth fees in
excess of Thirty Thousand Dollars and No Cents ($30,000.00) shall require a
separate Professional Service Agreement approved by per Council Policy F -14.
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 and/or classification of employee who performed the work, a
brief description of the services performed and/or the specific task in the
letter proposal 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 the Letter Proposal. Unless otherwise approved,
such costs shall be limited and include nothing more than the following
costs incurred by Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement and the Letter Proposal, 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 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 Letter
Proposal and which the parties did not reasonably anticipate would be
necessary. Compensation for any authorized Extra Work shall be paid in
accordance with the Schedule of Billing Rates 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 Craig Shick 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.
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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. Antony
Brine, P.E., shall be the Project Administrator and shall have the authority to act
for City under this Agreement. The Project Administrator or his/her authorized
representative shall represent City in all matters pertaining to the services to be
rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, 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 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 or shall obtain all
licenses, permits, qualifications, insurance and approvals of whatsoever
nature that are legally required of Consultant to practice its profession.
Consultant further represents and warrants to City that Consultant shall, at
its sole cost and expense, keep in effect or obtain at all times during the
.term of this Agreement, any and all licenses, . permits, insurance and other
approvals that are legally required of Consultant to practice its profession.
Consultant shall maintain a City of Newport Beach business license
during the term of this Agreement.
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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
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 any work performed or
services provided under this Agreement (including, without limitation, defects in
workmanship or materials and/or design defects [if the design originated with
Consultant]) or Consultant's presence or activities conducted on the Project
(including the negligent and/or willful acts, errors and/or omissions of Consultant,
its principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for
whose 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 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
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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/her
duly authorized designee informed on a regular basis regarding the status and
progress of the work, 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's 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.
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D. Coverage Requirements.
1. Workers' Compensation Coveraqe. Consultant shall maintain
Workers' Compensation Insurance and Employers 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 Employers Liability Insurance in accordance with .
the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non - renewal of all
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.
2. 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,
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.
3. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each occurrence.
4. Professional Errors and Omissions Insurance. Consultant shall
maintain professional errors and omissions insurance, which
covers the services to be performed in connection with this
Agreement in the minimum amount of one million dollars
($1,000,000).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
1. 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.
7
2. 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.
3. 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.
4. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
5. 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.
6. 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. rmely 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 (506/6) or more of the voting power, or twenty -five percent (25 %) or more
of the assets of the corporation, partnership or joint- venture.
■
16. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of
Consultant. Assignments of any or all rights, duties or obligations of the
Consultant under this Agreement will be permitted only with the express written
consent of City. Consultant shall not subcontract any portion of the work to be
performed under this Agreement without the 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
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 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 the release of information.
19. 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 to this Agreement. All such records shall be
clearly identifiable. Consultant shall allow a representative of City to examine,
audit and make transcripts or copies of such records during regular business
hours. Consultant shall allow inspection of all work, data, documents,
9
proceedings, and activities related to the Agreement for a period of three (3)
years from the date of final payment under this Agreement.
20. WITHHOLDINGS
City may withhold payment 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 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.
21. 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 Cltys rights under any other sections of this Agreement.
22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
23. 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 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.
24. 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:
Antony Brine
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92658 -8915
Phone: 949 -644 -3311 Fax: 949 - 644 -3318
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Craig Shick
TSI Transportation Studies, Inc.
1350 Reynolds Avenue, Suite 115
Irvine, CA 92614
Phone: 949 -852 -8460
Fax: 949 -852 -8441
25. 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
Ccured 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, the non - defaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provision, 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 and other information
developed or accumulated in the performance of this Agreement, whether in
draft or final form.
26. 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, regulations and permit- requirements and be
subject to approval of the Project Administrator and City.
11
27. 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. 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.
29. 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.
30. 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.
31. 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.
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. 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.
34. 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.
12
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
By:
-- ( �-
Aaron C. Harp,
Assistant City Attorney
for the City of Newport Beach
ATTEST:
M
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH
A Municipal Corporation
By:
Mayor
for the City of Newport Beach
TSITransportation Studies, Inc.:
0
(Corporate Officer)
Print Name:
(Financial Officer)
Title:
Print Name:
Attachments: Exhibit A — Statement of Qualifications
Exhibit B — Schedule of Billing Rates
E \users\pMvlshared\agreementsify 07 -081on -call services \tsi - traffic englneering.doc
13
TSI Transportation Studies, Inc. Exhibit A
A Traffic Data Collection Company
Antony Brine
Principal Civil Engineer
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA. 92658
Dear Mr.'Brine,
TRANSPORTATIONSTUDIES, INC, (TSI) is pleased to be put on your on-call
Transportation Services Contract
TSI personnel have many years of traffic data collection experience, performing studies
in Orange, Riverside, San Bernardino, Los Angeles, San Diego and Ventura Counties.
TSI provides manual turning movement counts, 24 hour adt counts, 24 hour speed & axle
counts, radar speed surveys, and parking studies.
TSI utilizes the Jamar DB -100 turning movement counter, Jamar Trax -H classifier, the
Timemark Beta 24 -hour volume counter and the MPH K -15 radar gun.
Mrs complete report package includes Jamar's Petra and Traxpro programs and
Tnnemarks Tmwin program. Each report package includes 15- minute interval counts
and peak hour reports. All data can be supplied on a 3 1/2" diskette in ASCII file forniat
And excel type spreadsheet.
Sincerely,
�C
Craig Shick
Vice-President
1350 Reynolds Ave., Ste. 115, Irvine • CA 92614 • (949) 852 -8460 • Fax (949) 852 -8441
TSITransportation Studies, Inc.
A Traffic Data Collection Company
THE COMPANY
Transportation Studies, Inc. (TSI) was founded in 1997 to provide high quality,
reasonably priced raw traffic data collection for government agencies, engineering firms
and private businesses in the Western United States who are engaged in transportation
planning.
Patti Tolton, President
Ms. Tolton has over 11 years of experience working for Traffic Counts for 2 years as the
company's Project Coordinator and personnel manager and now 9 years at TSI in the
same capacity. Ms. Tolton will handle all project preparations, project scheduling and
personnel management.
Craig Shick, Vice- Presi&nt
Mr. Shick has over 16 years experience working for Traffic Counts for the past 7 years as
the company's Vice- President and office- project manager and now 9 years at TSI in the
same capacity. Mr. Shick will be TSI's project manager and do the data analysis.
Ambrosio Santiago, Field Technician
Mr. Santiago has over 15 years experience working for Traffic Counts for the past 6 years
as a field Technician and warehouse manager and now 9 years at TSI in the same
capacity. Mr. Santiago will be responsible for installation and maintenance of machine
counters.
Traffic Data Collectors
Shiela Whelen 5 years experience
Kevin Whelen 5 years experience
Tracy Patraw
Scott Riggs
David Sharpe
Wanda Puckett
Dan Brown
Michael Patterson
Dianne Bass
Bobby Burrell
Ron Smith
Malia Silva
5 years experience
3 years experience
3 years experience
1 year experience
1 year experience
1 year experience
1 year experience
1 year experience
1 year experience
1 year experience
Brian Brewer
2 years
Brigitte Brewer
2 years
Anthony Conway
2 years
Steve Flores
2 years
Robert Hayes
2 years
Kenneth Hubbard
2 years
June Macintyre
1 year
Keith Mitchell
1 year
Jamey Moore
1 year
Tina Reynard
1 year
David Robles
1 year
Kimberly Smith
1 year
1350 Reynolds Ave., Ste. 115, Irvine • CA 92614 • (949) 852 -8460 • Fax (949) 852 -8441
TS1Transportation Studies, Inc.
A Traffic Data Collection Company
ADVANCE NOTICE REQUIREMENTS
48 HOUR NOTICE NEEDS TO BE GIVEN.
1350 Reynolds Ave., Ste, 115, Irvine • CA 92614 • (949) 852 -8460 • Fax (949) 852 -8441
TSITransportation Studies, Inc.
A Traffic Data Collection Company
. PROJECT COORDINATOR
Patti Tolton will be responsible for project preparation, project scheduling, personnel
management and data processing. Ms. Tolton's experience came from 2 years of
employment at Traffic Counts, Inc., where she was the company's project coordinator
and personnel manager. Listed below is a partial fist of projects in which Ms. Tolton was
responsible for while at Traffic Counts and at Transportation Studies, Inc..
Multitrans
24 -Hour Machine Counts
Contact: David Yazbari
Multitrans
24 -Hour Machine Counts
Contact: David Yazahari
City of San Buenaventura
24 -Hour Machine Counts
Turning Movement Counts
Contact: Jeff Herford
City of Ontario
24 -Hour Machine Counts
Turning Movement Counts
Contact: Don Burden
City of Murrieta
24 -Hour Machine Counts
Contact: Hank Mohle
City of Fullerton
24 -Hour Machine Counts
Turning Movement Counts:
Contact: Mark Muller
1998
120 Locations
408 -556 -0700
1997 -1998
159 Locations
408 -556 -0700
1997 -2003
300 -400 Locations
40 Locations
805- 654 -7744
1997 -2003
200 Locations
100 Locations
909- 395 -2154
1997 -2003
100's of Locations
909 -698 -1040
2001 -2003
183 Location
100 Locations
714 -738 -6330
San Diego County
San Joaquin Valley Counties
1350 Reynolds Ave., Ste, 115, Irvine • CA 92614 • (949) 852 -8460 • Fax (949) 852.8441
TSITransportation Studies, Inc.
A Traffic Data Collection Company
PROJECT MANAGER
Craig Shick will be responsible for the overall running of the project. Mr. Shick's
experience is 15 years of employment at Transportation Studies, Inc. and Traffic Counts,
Inc. where he oversaw the daily operation of the company that included bidding and
running of all projects, data processing, data analysis and billing. Listed below is a
partial list of projects that Mr. Shick ran while at Traffic Counts and at Transportation
Studies.
County of Orange 1992 & 1994 CMP Counts
24 -Hour Machine Counts
500 Locations
Turning Movement Counts
600 Count Days
Contact: Tim Swatzell
714- 834 -6290
Contact: Larry Abad
714 - 834 -3061
DKS Associates
Turning Movement Counts
Contact: Joel A. Goldfain
City of Huntington Beach
24 -Hour Machine Counts
Turning Movement Counts
Contact: Bob Hiidusky
City of Fountain Valley
24 -Hour Machine Counts
Turning Movement Counts
Contact: Mark Lewis
City of San Buenaventura
24 -Hour Machine Counts
Turning Movement Counts
Contact: Jeff Hereford
City of Ontario
24 -Hour Machine Counts
Turning Movement Counts
Contact: Don Burden
City of Santa Monica
24 Hour Speed Counts
Turning Movement Counts
Contact: Kim Jackson
1998
149 Locations 3 days each
714 -543 -9601
1991 -2006
100's of Locations
100's of Locations
714 - 536 -5518
1996 -2003
100's of Locations
100's of Locations
714 -964 4400
1995 -2006
100's of Locations
100's of Locations
805- 654 -7744
1995, 1997 -2006
100's of Locations
100's of Locations
909 -395 -2154
1998 -2006
100's of Locations
100's of Locations
310 -458 -8280
1350 Reynolds Ave., Ste. 115, Irvine • CA 92614 • (949) 852 -8460 • Fax (949) 852 -8441
TSITransportation Studies, Inc.
A Traffic Data Collection Company
Municipalities
CITY OF ANAHEIM
TAHER JALAI
714- 765 -5183
CITY OF ARTESIA
HUI LAI
714- 974 -7863
CITY OF BREA
WARREN SIECKE
714- 990 -7600
CITY OF BUENA PARK
GEZA SINGER
714- 562 -3699
CITY OF DANA POINT
MATTHEW SINACORI
949- 248 -3574
CITY OF DIAMOND BAR
KIRK PHILLIPS
909 -396 -5671
CITY OF ENCINITAS
ROB SLOUGH
760 -633 -2705
CITY OF FULLERTON
TERI CARLSON
714- 738.6899
CITY OF GLENDALE
LARRY TAY
818 -548 -3960
CITY OF HUNTINGTON BEACH BOB H DUSKY
714 -536 -5517
CITY OF MURRMTA
SUSAN VOMBAUR
951-098 -1040
CITY OF NEWPORT BEACH
RICHARD EDMONSTON
949-044 -3344
CITY OF ONTARIO
DONALD BURDEN
909- 395 -2154
COUNTY OF ORANGE
LARRY ABAD
714 -834 -3061
CITY OF PALOS VERDES ESTATES WENDY FORCE
310 -378 -0383
CITY OF PLACENTIA
WARREN SIECKE
714- 993 -8131
CITY OF REDONDO BEACH
JOHN MATE
310- 318-0661
CITY OF SAN JUAN CAPISTRANO ALAN OSWALD
949 - 443 -0356
CITY OF SANTA ANA
ZED KEKULA
714-047 -5606
CITY OF SANTA MONICA
KIM JACKSON
310458 -8280
CITY OF TORRANCE
TED SEMAAN
310 -018 -5990
CITY OF VENTURA
JEFF HEREFORD
805 -054 -7744
OCTA
GLEN CAMPBELL
714 -560 -5712
1350 Reynolds Ave., Ste. 115, Irvine • CA 92614 • (949) 852 -8460 • Fax (949) 852.8441
TSITransportation Studies, Inc.
A Traffic Data Collection Company
REFERENCES
City of Huntington Beach City of Santa Monica
Bob EGdusky Kim Jackson
2000 Main Sum 1685 Main Street
Huntington Beach, CA. 92648 Room 115
(714) 536 -5518 Santa Monica, CA 90407
(310)458 -8280
City of Torrance
City of Fullerton
Ted Semnan
Mark Miller
3031 Torrance Boulevard
303 West Commonwealth
Torrance, CA. 90509
Fullerton, CA.
(310) 618 -5990
(714) 738 -3660
City of Venture
County of Orange
Jeff Hereford
Larry Abad
501 Poli Street
300 N. Flower Stmt
Room 120
Seventh Floor
Ventura, CA. 93001
Santa Ana, CA. 92702
(805) 654 - 7744
(714) 834 -3061
City of Newport Beach
City of Ontario
Richard Edmonton
Don Burden
3300 Newport Boulevard
303 East "B" Street
Newport Beach, CA. 92663
Ontario, CA. 91764
(949) 644 -3311
(909) 395 -2154
City of Anaheim City of Placentia
Tatter Jalai Warren Siecke
P.O. Box 3222 401 East Chapman Avenue
Anaheim, CA. 92803 Placentia, CA. 92870
(714) 765 -5066 (714) 993 -8236
City of Glendale
City of Santa Ana
Larry Tay
Shahir Gobran
613 E. Broadway
P.O. Box 1988
Room 120
M-43
Glendale, CA. 91206
Santa Ana, CA. 92702
(818) 548 -3960
(714) 647 -5615
1350 Reynolds Ave., Ste. 115, Irvine • CA 92614 • (949) 852 -8460 • Fax (949) 852 -8441
TS1 Transportation Studies, Inc. Exhibit 6
A Traffic Data Collection Company .
FEE SCHEDULE FOR NEWPORT BEACH
24 HOUR MACHINE COUNTS
$ 45.00 PER LOCATION
24 HOUR MACHINE COUNTS- 4 LEG APPROACH
$ 180.00 PER LOCATION
24 HOUR MACHINE COUNTS — 3 LEG APPROACH
$ 135.00 PER LOCATION
24 HOUR MACHINE COUNTS - SPEED / VOLUME
$ $0.00 PER MACHINE
24 HOUR MACHINE COUNTS — CLASSIFICATION / VOLUME
$ 80.00 PER MACHINE
RADAR SPEED SURVEY
$ 35.00 PER HOUR
TURNING MOVEMENT COUNTS
$ 35.00 PER MAN HOUR
PARKING STUDIES
$ 35.00 PER MAN HOUR
1350 Reynolds Ave., Ste. 115, Irvine • CA 92614 • (949) 852 -8460 • Fax (949) 852 -8441
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No.
May 22, 2007
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Antony Brine, P.E.
949-644 -3329 or tbrine @city.newport- beach.ca.us
SUBJECT: TRAFFIC ON -CALL SERVICES - APPROVAL OF PROFESSIONAL
SERVICES AGREEMENTS
RECOMMENDATION:
Approve Prof rvices Agreements with Austin -Foust Associates, Inc. and
Transportati Studie c. for on -call traffic engineering services and authorize the
Ma ity o xecute the Agreements.
DISCUSSIO
On -call agreements allow staff to retain specialized services that are regularly required
for various projects at fees that are set for a two year period of time.
J Austin -Foust Associates, Inc. has performed traffic engineering services for more than
73 projects for the City over the past 25 years. These projects have included the
Corona del Mar High School traffic study, development of the original Newport Beach
ffic Model, and design f the Upper Newport Bay Bike Trail.
Transportation s, c. has provided years of traffic data collection services for
the City. Their irm co lects manual turning movement counts, 24 -hour speed and
volume data collection, radar speed surveys, and parking counts.
Both these firms have provided exceptionally high quality service on numerous projects
over the years. Rates included in the agreements are competitive and in line with
industry standards.
The proposed Fiscal Year 2007/08 Capital Improvements Program (CIP) budget is
estimated at more than $37 million and includes over 100 projects. Many will require
traffic engineering services, such as signing and striping plan preparation, and traffic
calming reviews. Staff recommends approval of the attached Agreements to facilitate
implementation of the CIP.