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HomeMy WebLinkAbout09 - Go Local Transit StudyCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 9`' May 27, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Homer Bludau, City Manager 949/644 -3000 or hbludau @city.newport- beach.ca.us SUBJECT: Approval of Agreement with Landrum & Brown to Conduct "Go Local" Transit Study ISSUE: Does the City Council desire to enter into an agreement with Landrum & Brown to conduct the "Go Local" transit study involving County passengers who use John Wayne Airport? RECOMMENDATION: Authorize the City Manager to execute the Agreement with Landrum & Brown in substantially the same form after City Attorney review. DISCUSSION: Background City Council Policy A -17 reads, "...the City Council should support opportunities to serve some Orange County air transportation demand at airports other than JWA including: a) Promoting circulation and transportation improvements from Orange County residential and business communities to outlying airports with capacity in excess of current operations levels such as Ontario Airport and San Bernardino International Airport ..... d) Supporting regional and sub - regional plans and programs that are consistent with then current JWA operational and passenger service levels and provide potentially feasible means or mechanisms to serve some Orange County air transportation demand at facilities other than JWA." In addition, one of the City Council's top 12 priorities for 2008 is to "Minimize the adverse impacts of John Wayne Airport through the implementation of the City's Airport Policy," which has as priority implementation actions to submit the "Go Local" grant, Go Local Study Agreement May 27, 2008 Page 2 conclude the "Go Local" study by July 31't and make a presentation to the City Council on the study's results. This past March, both Newport Beach and Costa Mesa City Council's executed a cooperative agreement for OCTA's "Go Local" funds to conduct a locally directed transit study, with the goal of making the Metrolink more accessible to Orange County residents in an effort to increase ridership. Newport Beach and Costa Mesa agreed to work together to study transit links from key Metrolink stations into John Wayne Airport. The study's intent is not to increase usage of JWA, but to determine the users of JWA so the future movement of JWA passengers to other airports can be studied in the furtherance of the City's Airport Policy. Both Newport Beach and Costa Mesa each received $100,000 for the "Go Local" study, with Newport Beach acting as the lead agency for the feasibility analysis. The City Managers of Costa Mesa and Newport Beach worked with consultant Peggy Ducey on the "Go Local" application process with the intention of Ms. Ducey being the lead consultant on the study. Ms. Ducey is part of the Landrum & Brown consultant team which will do the study, which has already begun. She will be the Project Manager for the study. This agenda item provides City Council authorization to enter into the consulting agreement with Landrum & Brown for the "Go Local" study. It provides the study scope of work, progress payments and identifies the principles involved in the study. The City Manager did not have time to ensure the City Attorney's office had thoroughly reviewed the agreement, and will do so before the agreement is signed. If there are substantial revisions which come from the review process, the City Manager will return to Council requesting new authorization. Environmental Review: The City Council's approval of this Agenda Item does not require environmental review. Public Notice: This agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the Council considers the item). Submitted by: HOMER L. BLU AU City Manager Attachments: Draft Agreement with Landrum & Brown �1� This consulting agreement (hereinafter referred to as "AGREEMENT ") is made this 18th day of March, 2008 by and between the City of Newport Beach, a municipal corporation, with its principal place of business located at 3300 Newport Boulevard, Newport Beach, CA, and Landrum & Brown, Incorporated, an international aviation consulting and planning firm organized as an Ohio corporation with its principal place of business at 11279 Cornell Park Drive, Cincinnati, Ohio 45242. WHEREAS, Newport Beach (hereinafter referred to as "CLIENT "), has entered into an OCTA "Go Local" grant program as the Lead Agency in cooperation with Costa Mesa to analyze direct transit connections to Metrolink as a potential convenient means to access John Wayne Airport; and WHEREAS. The work contemplated to be.,Performed under the OCTA grant requires the services of a professional international aviation consulting firm to perform various consulting and planning services in ;connection with the analysis of airport passenger and employee activity and fransit ridership potential; and WHEREAS, Landrum & Brown, possesses certain skills and expertise (hereinafter referred to as "L &B ") )e valuable to CLIENT; and WHEREAS, CLIENT and LBO, desire to enter into this AGREEMENT. NOW, THEREFORE, CLIENT, and L &B agree to the terms as set forth below: 1. Scone of Work. L &B agrees to perform the work and produce the items described on Exhibit.,* attached hereto (hereinafter referred to as the "PROJECT ") pursuant to the terms and conditions of this AGREEMENT. 2. Term and Completion Date. The PROJECT is scheduled to commence on upon receipt of a Notice to Proceed on or about March 15, 2008 and shall be completed by December 31, 2008. 3. Consideration. In consideration for the services rendered by L &B under this AGREEMENT, CLIENT agrees to pay to L &B the amount shown on Exhibit B attached hereto pursuant to the terms contained on such exhibit. The total contract amount shall not exceed $200,000. 4. Independent L &B Status. L &B Is an independent L &B engaged by CLIENT. CLIENT has no control or direct supervisory rights of L &B'S work habits and work style except that CLIENT will exercise appropriate management of L &B'S services in connection with the development of the methodology and technical approaches in order to maintain the integrity of the PROJECT. Nothing contained in this AGREEMENT shall be construed as making L &B an employee, partner, or joint venturer of CLIENT. 95r2u0e _ 1 _ c \documents and xtbn9SNhb1udauVora1 settings \temporary intemet files \Wk46 \nblb m tract.doc 5. Indemnification. L &B and CLIENT shall each defend, indemnify and hold the other party harmless for all costs, liabilities, claims, demands, actions, expenses, including, without limitation, attorney's fees and causes of action made or claimed against the other party by any person or entity (including, without limitation, any governmental body or employee or agent of the other party) directly out of any negligent act or omission of the other party or its officers, employees, agents, L &Bs or subL &Bs. 6. Compliance with Laws. L &B shall be solely responsible to comply with all federal, state and local laws, ordinances, regulations and rules with respect to the development and operation of the PROJECT. 7. Termination for Convenience. Either party may terminate this AGREEMENT at any time and for any reason at their convenience with a fifteen (15) day written notice to the other party. Upon such termination, the obligations of the parties under this AGREEMENT shall be void except for Sections 5, 8, 9 and 10 hereof, which shall remain in effect. L &B will be paid for all services rendered through th" -ate of termination. (a) L &B acknowledges that it may' have access to information which is confidential to CLIENT mel.p.ding;;,for example, but not in any way limited to, information concerning CLIENT'S (1) products and contemplated products, (2) sales, (3) contracts, (4) operations (5) practices, (6) research:and development, (7) operations, (8) finances, (9) plans, (;1Q) clients 'and their requirements or projected requirements, (11) marketing, or contemplated marketing, programs, (12) prices ;to its "Clients or from its suppliers or (13) other trade secrets (collectively "Confidential Information "). L &B agrees that all Confidential Infd'r,mation is the sole property of CLIENT and that, while engaged by CLIENT and afterwards, L &B will keep all Confidential Information to which they have access confidential, they will not reproduce or copy any of it except in connection with their services for CLIENT, they will not directly or Indirectly disclose any of it in any manner whatsoever to any person who is unrelated to CLIENT. Further, L &B agrees that if directed in writing by CLIENT, upon termination of their engagement by CLIENT they shall deliver to CLIENT all documents which contain any Confidential Information and only retain any copies thereof as necessary to for insurance purposes. (b) This AGREEMENT is not to be construed as granting a license to L &B of any nature from information supplied by CLIENT to L &B or otherwise. Such information is to be utilized by L &B only for the purpose of performing services in accordance with this AGREEMENT and no other use or disclosure shall be made of any such information. os /zt /oe -2- c:%cimments and se[angs\hbludau \local settings \temporary Internet fi1eslo1k46\nb -Ib wntract.duc 9. Assignment. No assignment of this AGREEMENT shall relieve L &B from any obligation under this AGREEMENT or impose any liability upon CLIENT. 10. Rights to Property. L &B agrees that all rights, including copyrights and patent rights to any material or intellectual property developed or invented in connection with the PROJECT, shall be and remain the sole property of CLIENT including all designs, formats, photographs, video tapes, writings, software and any other intellectual property in any medium. All such material shall be considered "work for hire" and L &B shall apply for patents and copyrights only at the request, and in the name, of CLIENT. 11. Record Retention. (a) L &B shall keep proper accounts and records of the cost of the work and of all expenditures or commitments made by L &B including the invoices, receipts and vouchers, which shall at reasonable times be open to audit and inspection by,.1;,the authorized representatives of CLIENT who may make copies and take extracts therefrom. (b) L &B shall afford facilities for'-audit! and inspection and shall furnish the authorized representatives identified above with such information as the authorized represertatives may from time to time require with reference to the documents thaat are referred to herein. (c) L &B shall keep the do;cumdhts referred to herein available for audit and inspection. fDr a penod`bf three (3) years following completion of the PROJECT. 12. Professional Stan4a.rd4 L &B shall complete PROJECT within the scope of work described on Exhibit A on or prior to the deadline set forth herein and that all such work in connection with the PROJECT shall be completed in a workmanlike manner similar to the professional standards typically employed in the aviation consulting industry. In the event that CLIENT discovers any error or defect in L &B'S work on the PROJECT at any time, L &B shall promptly correct such defect or error. 13. Minority /Women /Disadvantaged Business Enterprise Requirements. L &B agrees to ensure that minority /women /disadvantaged business enterprises as defined in Title 49 Code of Federal Regulations, Part 26 (49 CFR 26) have the maximum opportunity to participate in the performance of this AGREEMENT and any subcontracts that may be let. In this regard, L &B shall take all necessary and reasonable steps in accordance with 49 CFR 26 to ensure that minority /women /disadvantaged business enterprises have the maximum opportunity to compete for and perform services relating to this AGREEMENT. Furthermore, L &B shall not discriminate on the basis of race, color, national origin, or sex in the performance of this AGREEMENT 05 /21/08 _ 3 _ C: tldMMMU and 5etdn9SNb1udau \IxCa1 m MgS%Wrnpordry intemet fi1eS\01k46\nb4b WnbaddM 14. Insurance. L &B shall provide to CLIENT an insurance certificate evidencing that it has the insurance coverages shown on Exhibit C attached hereto. 15. Miscellaneous. (a) The invalidity or unenforceability of any provision or term of this AGREEMENT shall not affect the validity or enforceability of any other provision or term of this AGREEMENT. (b) This AGREEMENT constitutes the entire agreement between the parties and supersedes prior proposals, negotiations and agreements, whether oral or written. (c) This AGREEMENT shall be binding upon and inure to the benefit of the successors or affiliates of the parties hereto. This AGREEMENT may not be assigned by either party in whole or in part without the express written consent of nonassigning party. , (d) Notice required under this AGREEMENT shall be deemed made when such notice is sent certified „;r all or' -.- Federal Express or some functionally similar service t6l e;! addressee at the address shown below for the parties or is hanf delivered to the addressee. Notices, letters, billings and other written tgmmunications shall be addressed and transmitted to the addresses shown below. CLIENT address City of Newport-Beath' P.O. Box 1768 ' Newport Beach; CA 92658 ATTENTION Anthony Brine, City Traffic Engineer Departme6 of Public Works 949/644 -3329 tbrine@city.newport-beach.ca.us L &B address: Landrum & Brown 11279 Cornell Park Drive Cincinnati, Ohio 45242 Attention: Dennis E. Peters, CFO 513 - 530 -5333 Voice 513 - 530 -1278 Fax dpeters @landrum- brown.com, email With a copy to: Jeffrey N. Thomas 10730 Stubbs Lane Culver City, CA 90230 PHONE #310 - 838 -9448 05/21 /08 -4- ckdo rnents and setbngskhbludau \local settings \temporary Internet fiW\o1k46\nb -R) conbsct.doc FAX #310 - 838 -2274 EMAIL: jthomas @landrum - brown.com (e) This AGREEMENT shall be governed under the laws of the State of California. EACH PARTY ACKNOWLEDGES HAVING READ THIS ENTIRE AGREEMENT WITH THE FULL POWER AND AUTHORITY TO EXECUTE THIS AGREEMENT, AND AGREES TO PERFORM IN ACCORDANCE WITH THE TERMS AND CONDITIONS CONTAINED HEREIN. CLIENT: LRB: Date: Homer Bludau, City Manager 0521/08 _ 5 _ C \cocvn*nt5 and settings \bbludaa\local settings \temporary intennet files \&46 \nbdb cuntraa.doc Jeffrey N. Thomas, CEO EXHIBIT A PROJECT SCOPE OF WORK This Exhibit A is attached to and incorporated into this AGREEMENT made this 18`h day of March, 2008 by and between CLIENT and L &B. L &B agrees to perform the services outlined as L &B's responsibility on the Scope of Work attached hereto and incorporated herein. TASK 1. Potential Passenger Demand Analysis: The feasibility of establishing a Metrolink rail connection into JWA relies primarily upon sufficient demand from current and future JWA passengers that have ready access to Metrolink service (stations). Although sufficient air passenger demand for JWA itself is not a significant issue, a connection between JWA and,..Metrolink could reduce traffic on highways and major arterials around JWA however, given JWA's capacity constraints, it is unlikely that passengers using oih, So Cal airports could be encouraged to use JWA. It will be necessary to determine ridership projections, based on an evaluation of airport passengers from the existing JWA surveys and employees from airport zip cod Analyze existing data from. the latest' JWA Passenger Survey to determine the geographic distribution of JWA passenger origins and destinations in Orange County at the zip code level and forecast future distribution patterns for two horizon years (2015 and 2025) as a basis for critically evaluating the market demand for a transit link between JWA and Metrolink. This assumes that the survey identified the home address and local address for each passenger and provided the primary reason(s) that the passenger used JWA. These addresses need not be exact mailing addresses but should be identifiable at the zip code level. If the survey database is not geo -coded (local origin zip code identified) for each survey record, considerable extra time will be required to perform this step. Because the survey asked the key local origin question in a rather ambiguous way ( "What is your zip code ?), a correlation analysis will be performed among the response to this question, home zip code, work zip code, and trip purpose. Our analysis will involve: • Identifying the airport's service area, in particular high density areas; • Identifying the distribution of airport employee's home zip codes; os /ziroe A _1 cAdocuments and settingslhbludaullocal settingsltemporery Internet gleslolkONnb -lb wntact.da • Correlate the local addresses of passengers and employees to the existing and planned Metrolink stations; • Correlate trip origins with point of origin and place of work; • Evaluate trip characteristics to the extent they may impact willingness to substitute private automobiles for rail; and • Optional forecasts of demand for two future years (2015 and 2025) will be developed using available socio- economic forecasts. These socio- economic forecasts, particularly population, will be used to identify expected growth patterns within the County. Using JWA's current aviation activity forecast, estimates of passengers and employees in the potential rail ridership zones will be developed. Maps showing a breakdown of local origins by zip code shall be produced to define the local catchment area for passengers and employees. An executive summary level report with presentation quality tables and graphic /charts will be prepared that summarizes the analysis of the survey data. a. Develop preliminary estimates: of existing 2007 baseline transit connection ridership potential of current 'JWA employees and passengers identified to estimate potentlal.utilization ' of a transit connection to Metrolink. This analysis will compare travel times from local origin /home to JWA using the current ground modes to travel times with a potential rail option to access JWA. Travel times will be developed using the Orange County ground transportation model (if available), or Landrum & Brown's proprietary model can be adapted to Orange County. A list of criteria, not only based on travel time, will be developed to determine the potential pool of passengers and employees that are most likely to considered in the ridership count. b. Develop preliminary forecasts of future ridership for two horizon years (2015 and 2025) for both Orange County aviation passengers and JWA airport employees. 05/21/88 MA c. \documents and settings \hbludau \local settings \temporary intemet 81es \o1k98 \nb-4b mnnadm Task II: Stakeholder Dialogue and Financial Analysis a. Stakeholder Dialogue 1. Attend key meetings with Consultant Team, OCTA staff and Board /Committee meetings, JWA /County of Orange staff, and other public agency representatives that may be affected by the Go Local JWA- Transit study. 2. Interface with community groups, as necessary, to assess opposition, support, or concerns regarding transit connections into JWA. b. Air - Transit Financial and Operational Analysis 1. Evaluate financial and operational performance of successful air - transit projects to determine financial requirements, revenue opportunities, financing mechanisms, and passeng'ei' remand statistics. 2. Evaluate nine successful air tral`tsit projectiS;ao determine successful practices, operational and fin ancr'ai obstacles, and mechanisms for financing the system. 3. Determine similarities a'md differences between successful air - transit projects and the_Metraliii'k JWA air- transit project. Identify key stumbling blocks that may: prevent successful implementation of air - transit service fr•,, JWA. Task III: Transit Alternatives Analysis a. Evaluation of Transit Alternatives between Metrolink and )WA, 05/21 /08 including Rubber Tire /Mixed Flow /Express Bus Services; and Fixed Guideway 1. Coordinate with cities of Irvine, Tustin, Santa Ana, and Anaheim to evaluate current transit planning activities from key Metrolink stations to JWA, and determine applicability /significance to JWA- transit study. 2. Identify and evaluate planned or proposed bus service from targeted Metrolink stations to JWA. 3. Review and analyze current City of Irvine study for rubber tire circulator system for the Irvine Business Complex. A •3 cAdocum nm and setdngslhbludauVxal setongsltemp ry intemet flleslo WNnb -lb contract.doc 4. Review and analyze current City of Irvine's Fixed Guideway project, including alignment, proposed technology, passenger demand, and potential interface with JWA. b. For targeted Metrolink stations without current plans or studies for a JWA .connection, gather data and perform a preliminary analysis for bus or shuttle service. 1. Through meetings with Metrolink and Amtrak staff, evaluate latest operating plans and preliminary schedules based on Metrolink's "30- minute headway" service levels. 2. Determine travel times from Irvine, Tustin, Santa Ana Metrolink stations and Anaheim (ARTIC) to JWA for both peak and off -peak travel times. Travel time data will be determined through current city studies, if available, or by off -peak routes may be d traffic engineers will also each potential route (peak and 4eral times. Input from city to" etermine and /or confirm the best routes to use and thei,r,travel times. 3. Evaluate the ability,of ea1h statiori to handle boarding /alighting of a dedicated Metrolink J_W bud shuttle, possible bus layover space, driver conven,10a es, and passenger amenities. 4. Obtain current bus, mlle- and bus -hour operating costs from OCTA and Irvine for = thetype of bus that would be suitable for this type of service. This information will be used to project the annual operating and maintenance (O &M) costs for any dedicated bus service that might be proposed. C. Propose Potential Point -to -Point Metrolink -JWA Bus Service(s) and Estimate O&M Costs 05121/08 A -4 c: \documents and settings \hbludau \local setdngs\tempurary intone[ MMN0106\nb-lb contracbdoc MOU�1.1214ifA OR This Exhibit B is attached to and incorporated into this AGREEMENT made this 18th day of March, 2008 by and between CLIENT and L &B. CLIENT agrees to pay L &B an amount not -to- exceed Two Hundred Thousand dollars ($200,000) to cover fees and expenses incurred in performance for the services rendered in accordance with Exhibit A. PROJECT attached to this AGREEMENT. Payment will be made by CLIENT for the Lump Sum Amounts per Task specified below to be invoiced by L &B upon completion of each Task. • Task la - Define existing 2007 baseline distribution of JWA employees and local O &D passengers at zip code level from JWA passenger surveys and forecast future distribution patterns for t":horizon years (perhaps 2020 and 2030) o Cost: $66,000 • Task lb - Estimate existing. ,;-2,007 'Baseline transit connection ridership potential of current JWA employees and passengers identified in Task 2a and forecast future ridership potential for-two horizon years (2015 and 2025) o Cost: $49,000 • Task 2a & b- Stakeholder Outreach and Dialogue o Cost: $65,000 • Task 3 - Transit Alternatives Analysis o Cost: $20,000 oslziroe C-1 Odoaments and settings \hbludadV l settings \temporary intemet files \&46 \nb -lb m nd.dm EXHIBIT C INSURANCE This Exhibit C is attached to and incorporated into this AGREEMENT made this 18th day of March, 2008 by and between CLIENT and L &B. L &B shall obtain and maintain continuously in effect at all times during the term of this AGREEMENT, at its sole cost and expense, to protect CLIENT and its respective employees, agents and representatives from any and all liabilities and claims, the following types of insurance: (a)Workers' compensation insurance, insuring against any applicable Workers' Compensation acts, laws or regulations and any liability or claims for damages, personal injury, damages to property or death arising in any manner from the negligence or failure to act by L &B, its employees, agents and representatives in the performance of the professional services covered by tlPs AGREEMENT. (b)Professional liability insurance:- -,ol`' -not less than Two Million Dollars ($2,000,000) insuring against ar y. liability which may occur by reason of any errors, omissions or negliJert acts of L &B's employees in the performance of professional services under this AGREEMENT. (c) Comprehensive general lability insurance, auto liability insurance, and property damage kns-drance in an amount not less than Two.Miliion Dollars ($2,000,000) .insuring against any liability or claims arising due to the negligence of,,- Or failure to act of L &B. If necessary, L &B shall furnish CLIENT an insurance certificate verifying these insurance coverages. 05/21 /08 C _z CAdo menu and setbngObludau5looal' tangs \temporary intemet n1es\o1kWnb4b wnb -ad.do STUDY TEAM Jeff Thomas, CEO; Landrum & Brown: Aviation Passenger Demand Analysis Landrum & Brown, Incorporated, is a recognized leader in the field of aviation consulting, offering a full range of capabilities including comprehensive airport planning, program definition and approval, operational, financial, management, and strategic support services to major airports on five continents. Landrum & Brown will provide expertise in both aviation interface and air -rail connectivity into the airport area. Our aviation consultant, Landrum & Brown, is the lead firm for the John Wayne Airport terminal expansion, and has a practical knowledge of JWA operations, lay -out, and security issues that will be invaluable to assessing a successful transit interface. Landrum & Brown has played a leading role in the planning and conceptual design of the Hongqiau Airport West Terminal and Regional Ground Transportation Center in Shanghai China which may be the largest air -rail project in the world bringing together high -speed intercity rail, metro rail, Maglev, regional /transit bus, and airport operations into one integrated transport complex. Jeff Thomas has served as President/CEO of L &B since 1976. While he is expert in the strategic planning of major urban hub and international gateway airports worldwide, over the past four years he has focused attention on developing an airport- transit strategy that is workable for airports as well as transit providers. Richard Stanger: Transit Alternatives Richard Stanger brings 26+ years of experience in public transit. He has been directly involved in the planning and implementation of rapid transit, light rail, and commuter rail services. Mr. Stanger has been specifically chosen to lead this effort because of his personal knowledge of Metrolink operations, bringing a depth of history that is unmatched by any other professional. He was Los Angeles County Metro's Director of Rail Development from 1988 — 1992, where he lead the acquisition of key right -of -ways. He then stepped in as the first Executive Director for the newly formed Southern California Regional Rail Authority, where he lead the planning and construction of the Metrolink system. In only 5 years, Metrolink constructed 416 route - miles, and was the 7th largest commuter rail system in the country. Since leaving the public sector in 1998, he has worked as a private consultant on a variety of projects including: • Performed operating plans /cost estimates for Sacramento's Downtown -to- Airport Transit Corridor; • Prepared operating plans /cost estimates for the AA phase of Gold Line Foothill extension and Crenshaw - Prairie Transit Corridor; • Developed operating plan and maintenance yard sizes for the BART Santa Clara extension system; • Participated in recent LAWA -led evaluation of the Green Line extension to LAX. Peggy Ducey: Financial Feasibility and Stakeholder Outreach Peggy Ducey has over 20 years of public sector management experience. Beginning her career in local government, she was the Deputy City Manager of Newport Beach where she was responsible for airport- related issues, which lead her into evaluating better ways to site and operate airports. In 1999, Ms. Ducey began her own independent consulting service focused on multimodal transportation planning and developing a successful airport-rail project model that will work within the U.S. cultural and institutional structure. Most recently, she has focused on developing alternative funding strategies that bring a new set of financial resources to multimodal transportation systems. Ms. Ducey has managed two Southern California regional airport Joint Powers Authorities and is currently the Program Manager for San Diego Airport/SANDAG's Air -Rail Network Plan, a region -wide study to evaluate a multimodal airport-rail system.