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07-0220_KAKU ASSOCIATES (AKA KEFR & PEERS ASSOCIATES_Professional Services Agreement0 0 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 20th day of February, 2007, between the San Juan Capistrano Community Redevelopment Agency, (hereinafter referred to as the "Agency") and Fehr & Peers Associates, Inc. (hereinafter referred to as "Consultant"). RECITALS: Whereas, Agency 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, Whereas, Agency is planning to retain professional consulting services for conducting Downtown parking study; and, Whereas, Agency desires to engage Consultant to provide said services for conducting a Downtown parking study; and, Whereas, Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement; and, Whereas, Agency 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: Section 1. Scope of Work. The scope of work to be performed by Consultant shall consist of those tasks as set forth in Exhibit 'A" attached and incorporated herein by reference. Consultant represents that all of its services shall be performed in a competent, professional and satisfactory manner and in accordance with the general standards of its profession. Section 2. Term and Termination. This Agreement shall commence on the effective date of this Agreement and services required hereunder shall be completed by no later than August 15, 2007. In the event that either party fails or refuses to perform any of the provisions of Page 1 of 22 this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, Agency 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, Agency 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 Agency all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. Section 3. Compensation. 3.1 Amount. Total compensation for the scope of services for this Project shall not exceed $53,770 (fifty three thousand, seven hundred seventy), as set forth in Exhibit "B," attached and incorporated herein by reference. 3.2 Rate Schedule. The services shall be billed to the Agency at the hourly rate also set forth in Exhibit "C," attached and incorporated herein by reference. Included within the compensation are the entire Consultant's ordinary office and overhead expenses incurred by it, its agents and employees, including meetings with the Agency representatives and incidental costs to perform the stipulated services. Submittals shall be in accordance with Consultant's proposal. 3.3 Method of Payment. Consultant shall submit monthly invoices based on total services which have been satisfactorily completed and specifying a percentage of projected completion for approval by the Agency. The Agency will pay monthly progress payments based on approved invoices in accordance with this Section. For extra work not part of this Agreement, a written authorization from Agency is required prior to Consultant undertaking any extra work. Page 2 of 22 3.4 Records of Expenses. Consultant shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to Agency. Section 4. Project Manager Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to Agency at all reasonable times during the Agreement term. Consultant has designated Thomas Gaul to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel to the Project without the prior written consent of Agency. Agency's approval shall not be unreasonably withheld with respect to the removal or assignment of non - key personnel. Consultant, at the sole discretion of Agency, shall remove from the Project any of its personnel assigned to the performance of services upon written request of Agency. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. Section 5. Standard of Care 5.1 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 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 Agency, nor have any relationship with Agency. 5.2 Consultant represents and warrants to Agency 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 Agency 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 Agency of San Juan Capistrano business license during the term of this Agreement. 5.3 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 Agency to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by Agency, contractors, or governmental agencies. Page 3 of 22 0 0 Section 6. Independent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of Agency, and shall obtain no rights to any benefits which accrue to Agency's employees. Section 7. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for Agency to enter into this Agreement. Consultant shall not contract with any other entity to perform the services required without written approval of the Agency. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the Agency. If Consultant is permitted to subcontract any part of this Agreement by Agency, Consultant shall be responsible to Agency for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and Agency. All persons engaged in the work will be considered employees of Consultant. Agency will deal directly with and will make all payments to Consultant. Section 8. Changes to Scope of Work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the Agency, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Consultant's fees. Section 9. Familiarity with Work and Construction Site. By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed; (2) it has investigated the proposed construction site, including the location of all utilities, and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by Agency, it shall immediately inform Agency of this and shall not proceed with further work under this Agreement until written instructions are received from the Agency. Section 10. Time of Essence. Time is of the essence in the performance of this Agreement. Section 11. Compliance with Law. Consultant shall endeavor to comply with all applicable laws, ordinances, codes and regulations of federal, state and local government, whether now in force or Page 4 of 22 • i hereinafter enacted. In addition, all work prepared by Consultant shall conform to applicable Agency, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and Agency. Section 12. Conflicts of Interest. The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by Agency. Consultant shall indemnify and hold harmless Agency for any and all claims for damages resulting from Consultant's violation of this Section. Consultant agrees that neither Consultant nor Consultant's Project Manager will for the term of this Agreement enter into a contract with any person for services concerning development of any real property within 1000 feet of Agency property. Section 13. Copies of Work Product. All services to be rendered hereunder shall be subject to the direction and approval of the Agency. At the completion of the contract period, Consultant shall have delivered to Agency at least one (1) hard copy and one (1) electronic digital copy of any final reports and architectural drawings containing Consultant's findings, conclusions, and recommendations with any supporting documentation. All reports submitted to the Agency shall be in reproducible format. 13.1 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 Agency, and Agency 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 Agency upon prior written request. Documents, including drawings and specifications, prepared by Consultant pursuant to the Agreement are not intended or represented to be suitable for reuse by Agency 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 Agency's sole risk and without liability to Consultant. Page 5 of 22 • C� Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by Agency or persons other than Consultant is waived against Consultant and Agency assumes full responsibility for such changes unless Agency has given Consultant prior notice and has received from Consultant written consent for such changes. 13.2 Computer Deliverables CADD data delivered to Agency shall include the professional stamp of the engineer or architect in charge of or responsible for the work. Agency agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification of misuse by Agency, or anyone authorized by Agency, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration this Project, for the completion of this Project by others, or for any other Project, accepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, Agency 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 Agency in the version of AutoCAD used by AGENCY in "dwg" file format on a CD, and should comply with the Agency's digital submission requirements for Improvement Plans. The Agency will provide AutoCAD file of Agency Title Sheets. All written documents shall be transmitted to Agency in the Agency's latest adopted version of Microsoft Word and Excel. Section 14. General Indemnity. Consultant agrees to protect, defend and hold harmless Agency, its elected and appointed officials and employees from any and all claims, liabilities, expenses or damages of any nature, including attorneys' fees, for injury or death of any person or damage to property or interference with use of property arising out of the negligent acts errors and omissions committed by Consultant in connection with the work, operation or activities of Consultant, its agents, employees and subcontractors in carrying out its obligations under this Agreement. Section 15. Intellectual Property Indemnity. The Consultant shall defend and indemnify Agency, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States' letter patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. Section 16. Insurance. Insurance required herein shall be provided by Admitted Insurers in good Page 6 of 22 P standing with the State of California and having a minimum Best's Guide Rating of A - Class VII or better. 16.1 Comprehensive General Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive General Liability coverage in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. 16.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive Automobile Liability coverage, including, hired and non -owned vehicles in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period 16.3 Worker's Compensation. If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. 16.4 Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Consultant shall submit the insurance certificates, including the deductible or self -retention amount, and an additional insured endorsement to the Consultant's general liability and umbrella liability policies to the Agency's General Counsel for certification that the insurance requirements of this Agreement have been satisfied. Page 7 of 22 0 0 16.5 Errors and Omissions Coverage Throughout the term of this Agreement, Consultant shall maintain Errors and Omissions Coverage (professional liability coverage) in an amount of not less than Two Million Dollars ($2,000,000). Prior to beginning any work under this Agreement, Consultant shall submit an insurance certificate to the Clerk of the Board's office for certification that the insurance requirements of this Agreement have been satisfied. 16.6 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be canceled, nor the coverages reduced, until after thirty (30) days' written notice is given to Agency, except that ten (10) days notice shall be given if there is a cancellation due to failure to pay a premium. 16.7 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 16.8 Notice to Proceed. Consultant shall not proceed with any work under this Agreement until the Agency has issued a written "Notice to Proceed" verifying that Consultant has complied with all insurance requirements of this Agreement. Section 17. Termination. Agency and Consultant shall have the right to terminate this Agreement without cause by giving thirty (30) days advance written notice of termination to the other party In addition, this Agreement may be terminated for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. Section 18. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: Page 8 of 22 11 To Agency: Community Redevelopment Agency Attn: Douglas D. Dumhart 32400 Paseo Adelanto San Juan Capistrano, CA 92675 To Consultant: Fehr & Peers Associates, Inc. Attn: Dick S. Kaku Suite 500 201 Santa Monica Boulevard Santa Monica, CA 90401 Section 19. Attorneys' Fees. 9 If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. Section 20. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 21. 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 Agency authorizes in writing the release of information. Section 22. Opinion of Cost Any opinion of the construction cost prepared by Consultant represents his/her judgment as a design professional and is supplied for the general guidance of Agency. 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 such opinions as compared to contractor bids or actual cost to Agency. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. Page 9 of 22 0 0 Section 23. 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. Section 24. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. APPROVED AS TO FORM: John R. Sha,`Agency Attorney Page 10 of 22 AGENCY M rk Nielsen, Ch firman CONSULTAN VA Dick S. Kaku, Fkfe�eRtiFkirci�nl -Kak,-Associates, Inc. 0 0 EXHIBIT A SCOPE OF WORK The proposed work program developed by the Kaku Associates team and presented in this section will provide the framework upon which the study will build. It is designed to ensure that flexibility can be maintained throughout the course of the study. Included as an integral part of the proposed work program is a series of meetings with the Agency staff to provide for proper guidance and technical advice. These meetings will ensure that the products are not only technically sound and developed with the goals and standards of the Agency in mind, but are also institutionally and politically realistic and acceptable to the public. Meetings with property owners, merchants and business organizations are also included in the work program. The study includes a series of meetings with the Agency staff (we suggest a minimum of 4 meetings); with property owners, merchants, and business organizations (we suggest a minimum of 4 meetings); and presentations to the Agency Council and appropriate downtown business organizations (we have assumed 2 meetings with each). The meetings will be held at key times before data collection, during the evaluation of alternatives in Task 7 and prior to the completion of refinements to the recommended plan in Task 8. The presentations will be held after Task 8. PART A Task 1 — Initiate Project and Review Data The study team will define the parking issues in the Downtown San Juan Capistrano study area, and compare and discuss these views with Agency staff and with selected members of the various interested groups in the business community. These include the Chamber of Commerce and other business organizations, property owners, and merchants. These discussions/interviews will provide information that will ensure that the focus and the direction of the study will be consistent with the goals and objectives of the Agency, its businesses, and its property owners. Although members of the Kaku Associates study team are familiar with the land uses and activities in Downtown San Juan Capistrano, it will be important to allow the project team to gain the benefit of both the personal on-site visits and discussions with members of the Agency staff. This task allows the Agency staff to brief the team on planned land uses in the area and other pertinent available studies. Because of the wide variety of uses, it is possible that the various parts of the study area could be compartmentalized into functional uses. These elements and their characteristics could have unique parking issues associated with them and must, therefore, be understood so that the potential improvement program is designed to accommodate them. The final element of this task is to develop an understanding of the currently available parking program database for the study area. The data to be reviewed will include relevant data from previous studies, any inventories of existing parking supplies, utilization surveys, parking utilization surveys conducted by other agencies and/or organizations, and any aerial photographs which could be used as part of the analysis process. The data collection program described in Task 2 will be based on current information. Page 11 of 22 0 0 Task 2 — Document Existing Parking Supply An inventory of all available on -street and off-street parking spaces that currently exist within the study area will be conducted as part of this task. The study area has been defined by the RFP. The first step of this task will be the clarification of the study area boundaries. In conducting a parking space inventory, it is necessary to determine various types of information associated with each space. These include the location, whether it is publicly or privately owned (and, if possible, whether it is accessible for public use and if there are other limitations or restrictions on its use), whether it is an on -street or off-street space, and any hourly restrictions and/or rates. If available, the data from this analysis will be verified with a review of any available aerial photographs to establish a relationship between the numerical evidence of the data and the physical evidence from the photographs. The use of aerial photographs will be dependent on the availability of this information from the Agency. The forms to be used and the manner in which the data will be maintained in a database will be developed by the consultant and reviewed with the Agency staff prior to their use. As discussed in Task 1, it is important that the inventory of existing parking supply be conducted in a manner and data tabulated and maintained in a manner that allows the analysis to easily reformat, aggregate or disaggregate the data as the study needs dictate. Although the potential improvement program for Downtown San Juan Capistrano must serve as an area -wide program for the long-range future (the timeframe to be determined by the Agency), it must also be cognizant of the local needs and issues as well as the unique opportunities that each sub -area may possess. Task 3 — Establish Existing Parking Demand This task has several subtasks to collect the necessary information to establish existing parking demand in the study area. Subtask 3.1 - Parking Utilization Survey. The first activity is to conduct a comprehensive parking space utilization survey for each of the spaces in the study area for each of the relevant time periods. This survey will be used to develop an hour -by -hour assessment of the occupancy of each space on weekdays and on weekends. Data obtained from these surveys will be used to identify the peak period of parking demand in the study area, the magnitude of this peak parking demand by location, and the hourly variation in demand by location including sub -areas and the study area as a whole. Based on our previous experience it is anticipated that the surveys would be conducted from 9:00 a.m. to 8:00 p.m. on a weekday and weekend. It is anticipated that the study area will be disaggregated into approximately 5 to 10 sub -areas. Splitting the study area and the data into several sub- areas is an important element of the study, particularly when developing proposed improvements. The independent needs of each sub -area must be understood along with the overall goals for Downtown. Subtask 3.2 - Parking Duration Studies. The next activity in this task is to conduct parking duration studies by type and location of space. Specific locations within the study area will be identified to conduct an hourly parking duration survey to determine the length of stay of each vehicle in each space. Notation will be made of the duration, the turnover Page 12 of,22 0 0 rate, the number of illegally parked vehicles, and any indication of insufficient supply (i.e., vehicle circulation through the lot or around the block looking for spaces). The results of this survey will be used to develop a profile of the users in the study area indicating the percentage of parkers staying a specific period of time. This will lead to data that can be used to determine the percentage of short-term versus long-term or all day parkers by location. This information will also identify the magnitude of illegally parked vehicles. The duration surveys will also be conducted for weekdays and weekends. As indicated, it will not be necessary to conduct duration surveys for the entire study area. Subtask 3.3 - User Survey. A survey will be conducted of the users of the parking spaces in the study area. A random sample of employees, shoppers, business and non -business visitors and any others would be surveyed to obtain information on their behavior and attitudes. It will be of use to determine the relative percentage of employees versus shoppers versus visitors who utilize the various parking facilities within the study area by time of day. Past studies conducted by Kaku Associates in other business/downtown areas indicates that the degree of fluctuation during the day may have an impact on future parking demand and the options that can be effectively implemented. The data collected on the questionnaire will be analyzed to determine the following types of information for each user group: • Trip purpose • Arrival/departure time • Origin/destination (including zip codes of each) • Where they parked • Walking distance to activity • Comments regarding distance they are willing to walk, amount they are willing to pay, and attitudes toward parking structures The method of survey shall be discussed with the Agency staff and agreement will be reached prior to start of the survey. It may be necessary to implement a public information program prior to the start of the survey, depending on the methodology used, to ensure that the response can be maximized. Although it is not necessary to obtain 100% coverage on all parking facilities in the study area, it is important to ensure that a comprehensive distribution throughout the study area is achieved. Although the specific methodology to be used can be determined at the time of the survey, our past experience indicates that there are several methods which may be useful, each of which has its advantages and disadvantages. A direct survey (i.e., a methodology that incorporates surveyors interviewing parking facility users as they leave or retrieve their vehicle) normally has the highest return rate. However, it is sometimes difficult to get a large and unbiased sample size with this method, especially when the parking facilities are not access -controlled. A windshield/mail back survey (self addressed and stamped questionnaires are placed on the windshield of all vehicles) has the advantage of providing a broad sample size. However, the return rate for these types of surveys is normally low. Each method will be discussed with the Agency staff and methodology will be determined jointly. Page 13 of 22 0 0 Subtask 3.4 - Employee Survey. A survey of employees within the study area will be conducted to determine the following types of information: • Employee type (retail, service commercial, office, government employee, etc.) • Location of place of employment • Starting time, ending time, days of the week worked • Mode of travel: auto driver, auto passenger, public transit, other • For auto drivers, location of parking space and type of permit or regulation controlling parking The most effective method to conduct this survey is to have the questionnaire distributed at the work place by the employers. The cooperation of the various organizations identified in Task 1 will be solicited for assistance in distributing and collecting the questionnaires. The data collected in this subtask will be processed using a database or spreadsheet program allowing a large number of questionnaire forms to be analyzed quickly and accurately. An especially useful aspect of using one of these programs is their ability to conduct a series of sub -tabulations of various issues and to make statistical tests of the results. Task 4 — Assess Current Parking Conditions Data from the previous tasks will be used to identify and quantify existing characteristics of the parking system in the study area including peak demands, parking demand/supply relationships in the study area as a whole and in sub -areas, and the identification of potential problem areas. The first element of the task will be a careful assessment of the existing supply/demand conditions within the study area. This analysis will first be conducted by assessing conditions by sub -area. It is assumed, the geographic system used for the sub -areas will also relate to the location of the key activity generators and parking facilities in the area. The supply/demand relationship for each of the sub -areas will first be determined and then extended by aggregating combinations of these zones. It is possible for parking spaces in one sub -area to be considered as part of the supply to meet the demand generated in another adjacent sub -area. Issues regarding on -street versus off-street supply, short-term versus long-term demands, demand by time of day, relative walking distances, and barriers will be considered. The product of this task will be the identification and quantification of any sub -areas that may have parking shortages. A typical standard such as 90 percent utilization will be used to define these areas. A second element of this task will be the identification of any areas where a significant problem exists relative to illegally parked vehicles. Various violations will be considered including parking in illegal spaces and time abuse of time -restricted spaces. The analysis will include an assessment of the sensitivity of this issue to adjoining land uses, available parking, and time of day. The enforcement currently available will also be assessed as part of this task. Page 14 of 22 It will be very important to ensure that specific data for each sub -area be prepared so that the issues and opportunities for each can be analyzed independently as well as together. Issues that may be significant for one area that represents a specific functional activity may not be significant in another. Product 1: Technical Memorandum No. 1 - Existing Conditions of Parking System in Downtown San Juan Capistrano Task 5 — Project Future Parking Demand The next step in the analysis is the development of future parking demand projections for the study area. These projections will be based on potential changes in land use, changes in levels of activity at institutions such as Agency hall, and the development or redevelopment of parcels in the area. Changes in parking demand caused by other factors outside of or beyond the control of the Agency, such as gas prices or regional, state or federal legislation, will not be considered in this analysis. Subtask 5.1 — Changes in Land Use, Levels of Activity and Development. The study team will work with the Agency staff to identify changes in land use, development and redevelopment activity and changes in activity at the courts and other uses that are expected to occur in the study area. It is anticipated that the short-range projections will be available at a level of detail that can be used to forecast projected parking demand. The long-range changes and development forecasts will be more general and less specific in terms of type of land use, density and timing. Although the data for this task is the responsibility of the Agency staff, the study team will assist in defining and refining the information for use in this study. Subtask 5.2 — Short Range Parking Demand Forecasts. Development of future parking demand forecasts for Downtown San Juan Capistrano will consist of the following major elements: • Parking requirements generated by the short-range development growth projection obtained in Subtask 4.1 above will be estimated. Anticipated parking demand to be generated by new development will be estimated through application of appropriate demand rates for the study area based on assessment of existing conditions. • Projections will be made of potential future parking supply for the short-range timeframe both for the study area as a whole and for each of the sub -areas. The projections of future parking supply would incorporate estimates of the amount of new parking that would be provided by the projected development growth (based on existing and anticipated Agency requirements for off-street parking in the area as well as identification of existing surface publicly -accessible parking lots that may be displaced by redevelopment of parcels. • The parking demand projections will identify the magnitude of short-term (e.g., visitor or shopper) parking need versus long-term (e.g., employee) parking need. This is an important issue in the development of alternative strategies. Page 15 of 22 0 0 • The projected parking demands will be compared with the projected parking supply, again both for the study area as a whole and for each of the sub -areas, to estimate any potential shortfalls by area. Separate parking demand estimates will be prepared for weekday versus weekend use and daytime versus evening use for the short-range timeframe. Subtask 5.3 — Long Range Parking Demand Forecasts. Development of future parking demand forecasts for the Downtown San Juan Capistrano study area will consist of the following major elements: • Parking requirements generated by the long-range development growth projection obtained in Subtask 5.1 above will be estimated. Anticipated parking demand to be generated by new development will be estimated through application of appropriate demand rates for the study area based on assessment of existing conditions. • Projections will be made of potential future parking supply for the long-range timeframe both for the study area as a whole and for each of the sub -areas. • The parking demand projections will identify the magnitude of short-term (e.g., visitor or shopper) parking need versus long-term (e.g., employee) parking need. This is an important issue in the development of alternative strategies. • The projected parking demands will be compared with the projected parking supply, again both for the study area as a whole and for each of the sub -areas, to estimate any potential shortfalls by area. Separate parking demand estimates will be prepared for weekday versus weekend use and daytime versus evening use for the short-range timeframe. Product 2: Technical Memorandum No. 2 - Short- and Long -Range Parking Demand Forecasts for Downtown San Juan Capistrano Task 6 — Identify Future Issues and Develop Alternative Strategies The first element of this task is to use the data in Task 4 to assess future conditions and identify potential issues and problem locations. These will be compared to those identified in Task 4, existing issues and concerns. Potential parking strategies will be identified and reviewed. These alternative strategies will be directed at those concepts that combine the use of public and private facilities to meet existing and future parking demands. The development of parking management actions will require a detailed inspection of several issues related to parking including: • The pattern of usage of current spaces • Illegal parking • Customer and employee parking behavior • Level of enforcement within the study area Page 16 of 22 • i The implementation of time restrictions and increased enforcement of these restrictions along with various types of parking zones and measures to discourage employee use of the most desirable spaces are various techniques that will be considered in this analysis. Measures to encourage better use of underutilized facilities will also be considered. It will also be necessary to recognize the difference between short-term (e.g., visitor) and long- term (e.g., employee) parking demand and the effectiveness of these measures for each case. If it is necessary to add new spaces to the study area, a variety of alternatives will be considered. The alternatives could consist of the following general categories: • A few centrally located lots or structures that are intended to serve the needs of a wide geographic area. • Several smaller lots scattered in strategic locations that cumulatively provide adequate capacity. This has the added feature of dispersing traffic onto several streets. This might be accomplished through the use of other Agency -owned lots or privately owned lots or structures that are not fully occupied or unused during the peak periods of demand within the study area, i.e., during evening and on weekends. • A few fringe lots that may need to be served by a convenient and fast public transit service that could act as a trolley or shuttle within the study area. • Additional parking that is provided as part of the development of new commercial activities in the area. These could include public, private, and joint public-private ventures. Alternative strategies may need to be very location sensitive to reflect the unique needs of each of the sub -areas in the study area. This distinction between functional areas in the study area must be acknowledged during each stage of this study, especially during the development of potential improvement scenarios. As part of the initial data collection effort in Task 2, a preliminary review of potential sites for parking facilities that would fulfill the descriptions provided above will be identified. These would be primarily privately owned facilities that may function as overflow facilities during peak periods of demand that could be used as part of a network of lots in the study area. All logical sites will be reviewed utilizing a screening process that will include the following criteria: • Size of lot • Existing usage • Ownership • Location within the study area • Access and egress • Proximity to major regional or area -wide access streets • Potential for good public acceptance Page 17 of 22 0 U These sites will be used along with the other potential actions to develop a series of alternative parking system improvement scenarios for the Downtown San Juan Capistrano study area. The options to be considered include the use of remote lots with the potential use of a shuttle bus system; the potential for establishing a pricing strategy for the various downtown study area parking facilities that would result in the assessment of a premium fare for conveniently located parking spaces; the use of a changeable and directional signing system that advises users on a up-to-date basis of the location of available parking in the study area; and the use of validations or other incentive programs that allow for universal use of parking in the entire study area. Development of alternatives will recognize that the first goal should be to optimize the use of existing public parking facilities. This may involve a series of message signs not only at each specific facility, but at key access points, relaying the relative occupancy of each parking structure. This will allow users to adjust their choices relative to these facilities. Potential users of additional, possibly less convenient public facilities should also be advised. Finally, alternatives could guide users to privately owned facilities that are part of a unified system with unified pricing. Each of the various scenarios will include the following: • Description of the concept or strategy under consideration, i.e., remote lots, shuttle buses, signing program, etc. • Number, location and ownership of parking facilities under consideration • Relationship of supply to demand, existing and projected • Estimated capital costs • Estimated operation and maintenance costs • Bus costs, if relevant • Additional issues including effectiveness, flexibility, implementation, circulation, and socioeconomic impact • Parking management actions All cost estimates are being based on an 'order of magnitude" cost using standard unit costs that will be reviewed with Agency staff. Right-of-way costs for capital improvements will not be included. Issues that will be addressed in the improvement program include the following: • Recommendations directed at more efficiently utilizing existing parking resources • Potential use of parking meters and other revenue producing measures • Short -and long-term solutions directed at management of the system • Consideration of financing options including in -lieu fees • Address the off-street parking policies of the Agency • Assess the need for additional directional signing The development alternatives will consider recent experiences in other communities and similar areas that attempted some or all of these measures. For example: Page 18 of 22 • Westwood Village is implementing a uniform fare validation program for parking that incorporates both public and private parking lots. • The Los Angeles Community Redevelopment Agency plans to overlay a parking system in Hollywood that would get private parking lots to stay open for nighttime and weekend activities by guaranteeing a minimum amount of income to ensure that none would incur losses • In Pasadena Old Town, one large firm keeps its parking structure, which is conveniently located, open at night and weekends by charging a flat rate • In Glendale, a validation system is being planned in its downtown area that includes both public and private facilities • Long Beach is planning to coordinate its Agency facilities with private facilities in the downtown and Queensway Bay area to provide a coordinated parking system for its many recreation -related users • The Agency of Los Gatos is considering a Agency -operated valet system for weekends and the holiday season • San Jose is implementing a limit on on-site parking requiring payment of an in -lieu fee allowing the Agency to implement more centralized parking supply. Task 7 — Evaluation of Alternatives The first activity is to evaluate and fully discuss each of the alternative scenarios identified above with Agency staff and any other organizations, such as the Chamber of Commerce or a downtown merchant association, determined by the Agency. The parking problem in the downtown San Juan Capistrano may not be an existing problem that has hampered the development of the area or has limited the economic profitability of its merchants. It may be one that is anticipated, the hope for continued economic viability, and the image of the downtown study area. As a result, any potential solutions should be evaluated on the basis of broader based criteria. Because many of these issues are anticipated and not existing, many of the proposed solutions may not be effective if implemented today. This task must ensure that the study team can provide each of the concerned groups sufficient information about the alternatives to allow them to make decisions about their course of action. Many strategies will need a marketing program and a comprehensive public information campaign to be successful. In the second element of this task, the results of this evaluation will be discussed with the Agency staff to select the best measures and/or strategies for further analysis. The best strategies may be a series of independent measures or may be several related schemes that work in concert with one another or in a phased program of implementation. Several variations of one scheme may be considered the best alternatives for further analysis. It may be necessary to evaluate some strategies several times to reflect adjustments to refine its description. Page 19 of 22 As previously discussed, the evaluation process must also be sensitive to the specific location where the issue exists. The evaluation of alternatives must reflect the specific issues and opportunities that relate to each functional area of the study area. Product 3: Technical Memorandum 3 - Preliminary results of the Evaluation of Alternatives to Identify Optimum Strategy for Downtown San Juan Capistrano Task 8 — Recommended Parking System Improvements Plan The purpose of this task is for the study team to work with the Agency during the evaluation to select a course of action that the study team will finalize. This task involves the development of refinements for the preferred plan including the following: • Overall description of parking plan including philosophic approach, concept, physical requirement, operations requirements, and institutional requirements • Description of each element of plan including relationship to other elements • Responsible agency or organization • Any capital improvements including additional parking supply, parking equipment needs to implement various schemes or measures, signs and related equipment to implement a message and/or public information system • Capital cost estimates • Estimate of operations and maintenance costs • Priorities of implementation • Parking management actions • Agency/ City Council actions, e.g., new ordinances The results of this task will be a final report that documents the analysis techniques, data collected and analyzed, the existing conditions, future conditions, parking requirements, alternatives considered and the recommended plan. The report will include the implementation requirements for the plan including the associated costs, responsibilities for all relevant agencies, projected timeline for implementation, and the projected effectiveness of the plan. If the final plan is not expected to fully address the future parking needs within the downtown area, the report shall include a discussion of additional measures that could be considered by the Agency including expansion of the recommended measures or other options such as remote parking with shuttles. Product: Final Report Summarizing the Recommended Parking System Improvement Plan for the Downtown San Juan Capistrano study area. Page 20 of 22 EXHIBIT B PROJECT COMPENSATION Page 21 of 22 Estimated Hours' Rate/Hr Total A. DIRECT LABOR Project Director -Dick Kaku 18 $275 $4,950 Project Manager - Tom Gaul 56 210 11,760 Project Planner -Megan Cummings 144 100 14,400 Project Assistant 188 70 13,160 Total Direct Labor 406 Hrs $44,270 B. OTHER DIRECT COSTS Temporary Labor (4 @ 10 hrs for 2 days) $4,000 Subcontractor - Ron Saxton $5,500 Total CDC $9,500 C. TOTAL ESTIMATED COST $53,770 Page 21 of 22 EXHIBIT C RATE SCHEDULE PERSONNEL ASSIGNMENT BY TASK AND COST ESTIMATE Page 22 of 22 HOURS BY PERSONNEL BY TASK COST Project Project Project Director Manager Planner Project TOTAL OF (D. TASWSubtask Kaku) (T.Gaul) (Cummins Assistant HOURS LABOR 1- Initiate Project and Review Data 2 4 0 0 6 $1,390 2 - Document Existing Parking Supply 0 2 8 16 26 $2,340 3 - Establish Existing Parking Demand 3.1 - Parking Utilization 0 2 8 16 26 $2,340 3.2 - Parking Duration 0 2 8 16 26 $2,340 3.3 - User Survey 2 4 12 24 42 $4,270 3.4 - Employee Survey 2 4 8 8 22 $2,750 Subtotal 4 12 36 64 116 $11,700 4 - Assess Current Parking Conditions 2 8 16 24 50 $5,510 5 - Project Future Parking Demand 5.1 - Land Use Changes 0 2 4 0 6 $820 5.2 - Short -Range Demand Forecasts 2 2 16 20 40 $3,970 5.3 - Long range Demand Forecasts 2 2 16 16 36 $3,690 Subtotal 4 6 36 36 82 $8,480 6 - Identify Future Issues and Develop Alternatives 2 8 16 0 26 $3,830 7 - Evaluation of Alternatives 2 8 16 24 50 $5,510 8 - Recommended Parking System Plan 2 8 16 24 50 $5,510 TOTAL LABOR 18 55 144 188 406 $44,270 Page 22 of 22 0 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493.1171 (949) 493.1053 FAX www.sanjuancapistrano.org TRANSMITTAL TO: �see • �I J (r/✓Jy� IA[IA111A41 � fSI11lIfYF1 � 196I 1776 Kaku Associates (Fehr & Peers Associates) Dick S. Kaku 201 Santa Monica Blvd., Suite 500 Santa Monica, CA 90401 DATE: March 12, 2007 FROM: Maria Morris, Deputy City Clerk (949) 443-6309 RE: Professional Services Agreement — Downtown Parking Study MEMBERS OF THE CITY COUNCIL SAM ALLEVATO THOMAS W. HRIBAR MARK NIELSEN JOE SOTO DR. LONDRES USO Thank you for providing documentation confirming compliance with the terms of the agreement related to insurance. Please keep in mind this documentation must remain current with our office during the term of this agreement. If you have questions related to insurance requirements, please call me at (949)443-6309. If you have questions concerning the agreement, please contact Douglas D. Dumhart, Economic Development Manager (949) 443-6316. A copy of the recorded agreement is enclosed for your records. Cc: Douglas D. Dumhart, Economic Development Manager San Juan Capistrano: Preserving the Past to Enhance the Future 0 Printed on recycled paper CITY o ,,vo a E `s .i CITY OF fpry IWN GPISTRANO� San Juan Capistrano Community Redevelopment Agency February 22, 2007 0 is Kaku Associates (Fehr & Peers Associates) Dick S. Kaku 201 Santa Monica Blvd., Suite 500 Santa Monica, CA 90401 Dear Mr. Kaku: An agreement for preparation of a Downtown Parking Study was approved by the Board of Directors at the February 20, 2007 meeting. It is in the process of being executed. It will be issued upon receipt of required documentation related to contract terms under Section 16. Insurance. Insurance evidence may be faxed to (949) 493-1053 — ATTENTION CITY CLERK — followed by original signed documents. I have enclosed a copy of the agreement terms for your reference in supplying this documentation. If you have questions specific to the contact, please contact the project manager, Douglas D. Dumhart, Economic Development Manager (949) 443-6316. Please call me at (949) 443-6309 if you have questions regarding the forms of insurance needed. f"U,CC Ste' "iaris Deputy City Clerk cc: Douglas D. Dumhart, Economic Development Manager Enclosure 32400 Paseo Adelanto San Juan Capistrano California 92675 949-493-1171 AGENDA REPORT TO: Dave Adams, Executive Director 9' FROM: Douglas D. Dumhart, Economic Development Manager CRA 2/20/2007 D1 SUBJECT: Consideration of Professional Services Agreement for preparation of a Downtown Parking Study (Kaku Associates AKA Fehr & Peers Associates Inc). By motion, approve the Professional Services Agreement with Kaku Associates AKA Fehr & Peers Associates, Inc. for a Downtown Parking Study in the amount of $53,770. SUMMARY: The City of San Juan Capistrano's historic core dates back to the establishment of Mission San Juan in 1776. Many of the historic buildings that dot the downtown were constructed before the advent of the automobile. Within this historic backdrop, the community has continued to struggle to integrate today's varying modes of transportation to meet the needs of a growing and mobile population. The Redevelopment Agency has periodically analyzed parking in the community's downtown to determine problems, opportunities, constraints, and solutions. The most recent study was prepared in 1995 and prior to that in 1990. As the downtown area continues to evolve, there is a need to identify opportunities and innovations for increasing parking inventories and improving pedestrian circulation, and to prepare and plan for new development or the potential intensification of existing properties. To meet these objectives, there is a need to revisit the downtown parking inventory (public & private), forecast future parking demand based on anticipated land use changes, planned redevelopment, and proposed development projects. Staff solicited and received proposals consistent with City Council Policy #112 "Consultant Selection Criteria" and is recommending the firm of Kaku Associates for the project. A Professional Services Agreement (PSA) has been prepared for the Agency Board of Director's consideration. The PSA is provided as Attachment 1 to this report. BACKGROUND: The following objectives have been identified as the minimum requirements for a new downtown parking study: Agenda Report • • Page 2 February 20, 2007 The targeted area for study will be the Downtown, generally defined as the area bounded by La Zanja Street to the North; EI Camino Real, Spring Street, and Del Obispo Street to the east and south and Trabuco Creek to the West. The study area will include the 20 -acre Los Rios Historic District. • The study will focus on current and projected parking needs based on two important factors among others: a.) General Plan and Title 9, Land Use Code Land Use designation(s) and building square footage; and b.) Observed parking use/demand characteristics. • Using the above two factors and others, the study will develop a range of parking demand and will compare demand to the inventoried supply of parking to determine any parking surpluses or deficiencies exist. • The study will forecast future parking demands based on anticipated use changes, planned redevelopment, and pending development projects. • The study will develop conceptual strategies to improve existing facilities where imbalances between parking demand and supply are noted. • The study will include conceptual design plans for potential permanent parking improvements which will provide adequate parking inventories, as well as address anticipated future demand along with cost estimates for each concept Request for Proposals (RFP) for a downtown parking study was issued on October 23, 2006 with responses due on November 29, 2006. A total of 14 RFP were issued to firms with experience in municipal parking programs and projects. Six responses were received from the following firms in alphabetical order: a. Kaku Associates Santa Monica b. KHR Associates Newport Beach C. Kimley-Horn and Associates Orange d. Walker Parking Consultants Burbank e. Walter P Moore Dallas, TX/ Long Beach f. Watry Design, Inc. Redwood City/Irvine The proposals were evaluated by the City Manager's Office, Planning Department, and Engineering and Building Department. The evaluation criteria were derived from City Council Policy #112 regarding consultant selections. A total of 17 criterions were used to evaluate each proposal. All six respondent had impressive credentials and would be fully capable of completing the proposed parking study. Some firm's strength lied in design work, others in the area of facilities research and planning, while some possessed strong community outreach skills. In selecting a consulting firm much attention is paid to securing a good hybrid of skills, adequate staffing levels to service the project, and maintaining a good fit for the community. Agenda Report • • Page 3 February 20, 2007 Kaku Associates proposal presented a more detailed approach to researching existing conditions, including surveying downtown employees to determine their place of employment, work start and end times, and mode of travel. They also proposed user surveys to determine purpose of trip, arrival and departure times, origin of trip, and parking location. This particular research information would additionally be beneficial for trolley planning efforts. Kaku Associates has relevant municipal experience completing parking studies for jurisdictions such as Scottsdale, Ojai, and Huntington Beach, which feature communities facing both local and visitor parking demands. Based on City Council Policy 112 criteria, staff is recommending the selection of Kaku Associates to prepare a new downtown parking study. The scope of work for this project can be found as Exhibit A to the Professional Services Agreement. The proposed timeline for the project is approximately 30 weeks from the start date. COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: None at this time. FINANCIAL CONSIDERATIONS: Funding was budgeted in the fiscal year 2006-2007 account no. 20-62119-4110 for a new downtown parking study. NOTIFICATION: All Respondents Downtown Merchants and Organizations Notification will be handled by the City Manager's Office. RECOMMENDATION: By motion, approve the Professional Services Agreement with Kaku Associates AKA Fehr & Peers Associates, Inc. for a Downtown Parking Study in the amount of $53,770. Res; submitted Dougl s D. Dumhart Economic Development Manager Attachment 1: Professional Services Agreement with Kaku Associates 0 0 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 20th day of February, 2007, between the San Juan Capistrano Community Redevelopment Agency, (hereinafter referred to as the "Agency") and Fehr & Peers Associates, Inc. (hereinafter referred to as "Consultant"). RECITALS: Whereas, Agency 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, Whereas, Agency is planning to retain professional consulting services for conducting Downtown parking study; and, Whereas, Agency desires to engage Consultant to provide said services for conducting a Downtown parking study; and, Whereas, Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement; and, Whereas, Agency 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: Section 1. Scope of Work. The scope of work to be performed by Consultant shall consist of those tasks as set forth in Exhibit 'A" attached and incorporated herein by reference. Consultant represents that all of its services shall be performed in a competent, professional and satisfactory manner and in accordance with the general standards of its profession. Section 2. Term and Termination. This Agreement shall commence on the effective date of this Agreement and services required hereunder shall be completed by no later than August 15, 2007. In the event that either party fails or refuses to perform any of the provisions of Page 1 of 22 ATTACHMENT 0 9 this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, Agency 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, Agency 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 Agency all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. Section 3. Compensation. 3.1 Amount. Total compensation for the scope of services for this Project shall not exceed $53,770 (fifty three thousand, seven hundred seventy), as set forth in Exhibit "B," attached and incorporated herein by reference. 3.2 Rate Schedule. The services shall be billed to the Agency at the hourly rate also set forth in Exhibit "C," attached and incorporated herein by reference. Included within the compensation are the entire Consultant's ordinary office and overhead expenses incurred by it, its agents and employees, including meetings with the Agency representatives and incidental costs to perform the stipulated services. Submittals shall be in accordance with Consultant's proposal. 3.3 Method of Payment. Consultant shall submit monthly invoices based on total services which have been satisfactorily completed and specifying a percentage of projected completion for approval by the Agency. The Agency will pay monthly progress payments based on approved invoices in accordance with this Section. For extra work not part of this Agreement, a written authorization from Agency is required prior to Consultant undertaking any extra work. Page 2 of 22 0 9 3.4 Records of Expenses. Consultant shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to Agency. Section 4. Project Manager Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to Agency at all reasonable times during the Agreement term. Consultant has designated Thomas Gaul to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel to the Project without the prior written consent of Agency. Agency's approval shall not be unreasonably withheld with respect to the removal or assignment of non - key personnel. Consultant, at the sole discretion of Agency, shall remove from the Project any of its personnel assigned to the performance of services upon written request of Agency. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. Section 5. Standard of Care 5.1 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 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 Agency, nor have any relationship with Agency. 5.2 Consultant represents and warrants to Agency 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 Agency 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 Agency of San Juan Capistrano business license during the term of this Agreement. 5.3 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 Agency to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by Agency, contractors, or governmental agencies. Page 3 of 22 0 0 Section 6. Independent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of Agency, and shall obtain no rights to any benefits which accrue to Agency's employees. Section 7. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for Agency to enter into this Agreement. Consultant shall not contract with any other entity to perform the services required without written approval of the Agency. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the Agency. If Consultant is permitted to subcontract any part of this Agreement by Agency, Consultant shall be responsible to Agency for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and Agency. All persons engaged in the work will be considered employees of Consultant. Agency will deal directly with and will make all payments to Consultant. Section 8. Changes to Scope of Work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the Agency, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Consultant's fees. Section 9. Familiarity with Work and Construction Site. By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed; (2) it has investigated the proposed construction site, including the location of all utilities, and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by Agency, it shall immediately inform Agency of this and shall not proceed with further work under this Agreement until written instructions are received from the Agency. Section 10. Time of Essence. Time is of the essence in the performance of this Agreement. Section 11. Compliance with Law. Consultant shall endeavor to comply with all applicable laws, ordinances, codes and regulations of federal, state and local government, whether now in force or Page 4 of 22 0 0 hereinafter enacted. In addition, all work prepared by Consultant shall conform to applicable Agency, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and Agency. Section 12. Conflicts of Interest. The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by Agency. Consultant shall indemnify and hold harmless Agency for any and all claims for damages resulting from Consultant's violation of this Section. Consultant agrees that neither Consultant nor Consultant's Project Manager will for the term of this Agreement enter into a contract with any person for services concerning development of any real property within 1000 feet of Agency property. Section 13. Copies of Work Product. All services to be rendered hereunder shall be subject to the direction and approval of the Agency. At the completion of the contract period, Consultant shall have delivered to Agency at least one (1) hard copy and one (1) electronic digital copy of any final reports and architectural drawings containing Consultant's findings, conclusions, and recommendations with any supporting documentation. All reports submitted to the Agency shall be in reproducible format. 13.1 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 Agency, and Agency 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 Agency upon prior written request. Documents, including drawings and specifications, prepared by Consultant pursuant to the Agreement are not intended or represented to be suitable for reuse by Agency 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 Agency's sole risk and without liability to Consultant. Page 5 of 22 Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by Agency or persons other than Consultant is waived against Consultant and Agency assumes full responsibility for such changes unless Agency has given Consultant prior notice and has received from Consultant written consent for such changes. 13.2 Computer Deliverables CADD data delivered to Agency shall include the professional stamp of the engineer or architect in charge of or responsible for the work. Agency agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification of misuse by Agency, or anyone authorized by Agency, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration this Project, for the completion of this Project by others, or for any other Project, accepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, Agency 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 Agency in the version of AutoCAD used by AGENCY in "dwg" file format on a CD, and should comply with the Agency's digital submission requirements for Improvement Plans. The Agency will provide AutoCAD file of Agency Title Sheets. All written documents shall be transmitted to Agency in the Agency's latest adopted version of Microsoft Word and Excel. Section 14. General Indemnity. Consultant agrees to protect, defend and hold harmless Agency, its elected and appointed officials and employees from any and all claims, liabilities, expenses or damages of any nature, including attorneys' fees, for injury or death of any person or damage to property or interference with use of property arising out of the negligent acts errors and omissions committed by Consultant in connection with the work, operation of activities of Consultant, its agents, employees and subcontractors in carrying out its obligations under this Agreement. Section 15. Intellectual Property Indemnity. The Consultant shall defend and indemnify Agency, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States' letter patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. Section 16. Insurance. Insurance required herein shall be provided by Admitted Insurers in good Page 6 of 22 0 U standing with the State of California and having a minimum Best's Guide Rating of A - Class VII or better. 16.1 Comprehensive General Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive General Liability coverage in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. 16.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive Automobile Liability coverage, including, hired and non -owned vehicles in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period 16.3 Worker's Compensation. If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. 16.4 Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Consultant shall submit the insurance certificates, including the deductible or self -retention amount, and an additional insured endorsement to the Consultant's general liability and umbrella liability policies to the Agency's General Counsel for certification that the insurance requirements of this Agreement have been satisfied. Page 7 of 22 0 0 16.5 Errors and Omissions Coverage Throughout the term of this Agreement, Consultant shall maintain Errors and Omissions Coverage (professional liability coverage) in an amount of not less than Two Million Dollars ($2,000,000). Prior to beginning any work under this Agreement, Consultant shall submit an insurance certificate to the Clerk of the Board's office for certification that the insurance requirements of this Agreement have been satisfied. 16.6 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be canceled, nor the coverages reduced, until after thirty (30) days' written notice is given to Agency, except that ten (10) days notice shall be given if there is a cancellation due to failure to pay a premium. 16.7 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 16.8 Notice to Proceed. Consultant shall not proceed with any work under this Agreement until the Agency has issued a written "Notice to Proceed" verifying that Consultant has complied with all insurance requirements of this Agreement. Section 17. Termination. Agency and Consultant shall have the right to terminate this Agreement without cause by giving thirty (30) days advance written notice of termination to the other party In addition, this Agreement may be terminated for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. Section 18. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: Page 8 of 22 0 0 To Agency: Community Redevelopment Agency Attn: Douglas D. Dumhart 32400 Paseo Adelanto San Juan Capistrano, CA 92675 To Consultant: Fehr & Peers Associates, Inc. Attn: Dick S. Kaku Suite 500 201 Santa Monica Boulevard Santa Monica, CA 90401 Section 19. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. Section 20. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 21. 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 Agency authorizes in writing the release of information. Section 22. Opinion of Cost Any opinion of the construction cost prepared by Consultant represents his/her judgment as a design professional and is supplied for the general guidance of Agency. 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 such opinions as compared to contractor bids or actual cost to Agency. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. Page 9 of 22 Section 23. 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. Section 24. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. ATTEST: Margaret R. Monahan, Agency Clerk APPROVED AS TO FORM: John R. Sh*v, Agency Attorney Page 10 of 22 AGENCY Mark Nielsen, Chairman CONSULTANT 0 0 EXHIBIT A SCOPE OF WORK The proposed work program developed by the Kaku Associates team and presented in this section will provide the framework upon which the study will build. It is designed to ensure that flexibility can be maintained throughout the course of the study. Included as an integral part of the proposed work program is a series of meetings with the Agency staff to provide for proper guidance and technical advice. These meetings will ensure that the products are not only technically sound and developed with the goals and standards of the Agency in mind, but are also institutionally and politically realistic and acceptable to the public. Meetings with property owners, merchants and business organizations are also included in the work program. The study includes a series of meetings with the Agency staff (we suggest a minimum of 4 meetings); with property owners, merchants, and business organizations (we suggest a minimum of 4 meetings); and presentations to the Agency Council and appropriate downtown business organizations (we have assumed 2 meetings with each). The meetings will be held at key times before data collection, during the evaluation of alternatives in Task 7 and prior to the completion of refinements to the recommended plan in Task 8. The presentations will be held after Task 8. PART A Task 1 — Initiate Project and Review Data The study team will define the parking issues in the Downtown San Juan Capistrano study area, and compare and discuss these views with Agency staff and with selected members of the various interested groups in the business community. These include the Chamber of Commerce and other business organizations, property owners, and merchants. These discussions/interviews will provide information that will ensure that the focus and the direction of the study will be consistent with the goals and objectives of the Agency, its businesses, and its property owners. Although members of the Kaku Associates study team are familiar with the land uses and activities in Downtown San Juan Capistrano, it will be important to allow the project team to gain the benefit of both the personal on-site visits and discussions with members of the Agency staff. This task allows the Agency staff to brief the team on planned land uses in the area and other pertinent available studies. Because of the wide variety of uses, it is possible that the various parts of the study area could be compartmentalized into functional uses. These elements and their characteristics could have unique parking issues associated with them and must, therefore, be understood so that the potential improvement program is designed to accommodate them. The final element of this task is to develop an understanding of the currently available parking program database for the study area. The data to be reviewed will include relevant data from previous studies, any inventories of existing parking supplies, utilization surveys, parking utilization surveys conducted by other agencies and/or organizations, and any aerial photographs which could be used as part of the analysis process. The data collection program described in Task 2 will be based on current information. Page 11 of 22 Task 2 — Document Existing Parking Supply An inventory of all available on -street and off-street parking spaces that currently exist within the study area will be conducted as part of this task. The study area has been defined by the RFP. The first step of this task will be the clarification of the study area boundaries. In conducting a parking space inventory, it is necessary to determine various types of information associated with each space. These include the location, whether it is publicly or privately owned (and, if possible, whether it is accessible for public use and if there are other limitations or restrictions on its use), whether it is an on -street or off-street space, and any hourly restrictions and/or rates. If available, the data from this analysis will be verified with a review of any available aerial photographs to establish a relationship between the numerical evidence of the data and the physical evidence from the photographs. The use of aerial photographs will be dependent on the availability of this information from the Agency. The forms to be used and the manner in which the data will be maintained in a database will be developed by the consultant and reviewed with the Agency staff prior to their use. As discussed in Task 1, it is important that the inventory of existing parking supply be conducted in a manner and data tabulated and maintained in a manner that allows the analysis to easily reformat, aggregate or disaggregate the data as the study needs dictate. Although the potential improvement program for Downtown San Juan Capistrano must serve as an area -wide program for the long-range future (the timeframe to be determined by the Agency), it must also be cognizant of the local needs and issues as well as the unique opportunities that each sub -area may possess. Task 3 — Establish Existing Parking Demand This task has several subtasks to collect the necessary information to establish existing parking demand in the study area. Subtask 3.1 - Parking Utilization Survey. The first activity is to conduct a comprehensive parking space utilization survey for each of the spaces in the study area for each of the relevant time periods. This survey will be used to develop an hour -by -hour assessment of the occupancy of each space on weekdays and on weekends. Data obtained from these surveys will be used to identify the peak period of parking demand in the study area, the magnitude of this peak parking demand by location, and the hourly variation in demand by location including sub -areas and the study area as a whole. Based on our previous experience it is anticipated that the surveys would be conducted from 9:00 a.m. to 8:00 p. m. on a weekday and weekend. It is anticipated that the study area will be disaggregated into approximately 5 to 10 sub -areas. Splitting the study area and the data into several sub- areas is an important element of the study, particularly when developing proposed improvements. The independent needs of each sub -area must be understood along with the overall goals for Downtown. Subtask 3.2 - Parking Duration Studies. The next activity in this task is to conduct parking duration studies by type and location of space. Specific locations within the study area will be identified to conduct an hourly parking duration survey to determine the length of stay of each vehicle in each space. Notation will be made of the duration, the turnover Page 12 of 22 0 0 rate, the number of illegally parked vehicles, and any indication of insufficient supply (i.e., vehicle circulation through the lot or around the block looking for spaces). The results of this survey will be used to develop a profile of the users in the study area indicating the percentage of parkers staying a specific period of time. This will lead to data that can be used to determine the percentage of short-term versus long-term or all day parkers by location. This information will also identify the magnitude of illegally parked vehicles. The duration surveys will also be conducted for weekdays and weekends. As indicated, it will not be necessary to conduct duration surveys for the entire study area. Subtask 3.3 - User Survey. A survey will be conducted of the users of the parking spaces in the study area. A random sample of employees, shoppers, business and non -business visitors and any others would be surveyed to obtain information on their behavior and attitudes. It will be of use to determine the relative percentage of employees versus shoppers versus visitors who utilize the various parking facilities within the study area by time of day. Past studies conducted by Kaku Associates in other business/downtown areas indicates that the degree of fluctuation during the day may have an impact on future parking demand and the options that can be effectively implemented. The data collected on the questionnaire will be analyzed to determine the following types of information for each user group: • Trip purpose • Arrival/departure time • Origin/destination (including zip codes of each) • Where they parked • Walking distance to activity • Comments regarding distance they are willing to walk, amount they are willing to pay, and attitudes toward parking structures The method of survey shall be discussed with the Agency staff and agreement will be reached prior to start of the survey. It may be necessary to implement a public information program prior to the start of the survey, depending on the methodology used, to ensure that the response can be maximized. Although it is not necessary to obtain 100% coverage on all parking facilities in the study area, it is important to ensure that a comprehensive distribution throughout the study area is achieved. Although the specific methodology to be used can be determined at the time of the survey, our past experience indicates that there are several methods which may be useful, each of which has its advantages and disadvantages. A direct survey (i.e., a methodology that incorporates surveyors interviewing parking facility users as they leave or retrieve their vehicle) normally has the highest return rate. However, it is sometimes difficult to get a large and unbiased sample size with this method, especially when the parking facilities are not access -controlled. A windshield/mail back survey (self addressed and stamped questionnaires are placed on the windshield of all vehicles) has the advantage of providing a broad sample size. However, the return rate for these types of surveys is normally low. Each method will be discussed with the Agency staff and methodology will be determined jointly. Page 13 of 22 0 0 Subtask 3.4 - Employee Survey. A survey of employees within the study area will be conducted to determine the following types of information: • Employee type (retail, service commercial, office, government employee, etc.) • Location of place of employment • Starting time, ending time, days of the week worked • Mode of travel: auto driver, auto passenger, public transit, other • For auto drivers, location of parking space and type of permit or regulation controlling parking The most effective method to conduct this survey is to have the questionnaire distributed at the work place by the employers. The cooperation of the various organizations identified in Task 1 will be solicited for assistance in distributing and collecting the questionnaires. The data collected in this subtask will be processed using a database or spreadsheet program allowing a large number of questionnaire forms to be analyzed quickly and accurately. An especially useful aspect of using one of these programs is their ability to conduct a series of sub -tabulations of various issues and to make statistical tests of the results. Task 4 — Assess Current Parking Conditions Data from the previous tasks will be used to identify and quantify existing characteristics of the parking system in the study area including peak demands, parking demand/supply relationships in the study area as a whole and in sub -areas, and the identification of potential problem areas. The first element of the task will be a careful assessment of the existing supply/demand conditions within the study area. This analysis will first be conducted by assessing conditions by sub -area. It is assumed, the geographic system used for the sub -areas will also relate to the location of the key activity generators and parking facilities in the area. The supply/demand relationship for each of the sub -areas will first be determined and then extended by aggregating combinations of these zones. It is possible for parking spaces in one sub -area to be considered as part of the supply to meet the demand generated in another adjacent sub -area. Issues regarding on -street versus off-street supply, short-term versus long-term demands, demand by time of day, relative walking distances, and barriers will be considered. The product of this task will be the identification and quantification of any sub -areas that may have parking shortages. A typical standard such as 90 percent utilization will be used to define these areas. A second element of this task will be the identification of any areas where a significant problem exists relative to illegally parked vehicles. Various violations will be considered including parking in illegal spaces and time abuse of time -restricted spaces. The analysis will include an assessment of the sensitivity of this issue to adjoining land uses, available parking, and time of day. The enforcement currently available will also be assessed as part of this task. Page 14 of 22 0 0 It will be very important to ensure that specific data for each sub -area be prepared so that the issues and opportunities for each can be analyzed independently as well as together. Issues that may be significant for one area that represents a specific functional activity may not be significant in another. Product 1: Technical Memorandum No. 1 - Existing Conditions of Parking System in Downtown San Juan Capistrano Task 5 — Project Future Parking Demand The next step in the analysis is the development of future parking demand projections for the study area. These projections will be based on potential changes in land use, changes in levels of activity at institutions such as Agency hall, and the development or redevelopment of parcels in the area. Changes in parking demand caused by other factors outside of or beyond the control of the Agency, such as gas prices or regional, state or federal legislation, will not be considered in this analysis. Subtask 5.1 — Changes in Land Use, Levels of Activity and Development. The study team will work with the Agency staff to identify changes in land use, development and redevelopment activity and changes in activity at the courts and other uses that are expected to occur in the study area. It is anticipated that the short-range projections will be available at a level of detail that can be used to forecast projected parking demand. The long-range changes and development forecasts will be more general and less specific in terms of type of land use, density and timing. Although the data for this task is the responsibility of the Agency staff, the study team will assist in defining and refining the information for use in this study. Subtask 5.2 — Short Range Parking Demand Forecasts. Development of future parking demand forecasts for Downtown San Juan Capistrano will consist of the following major elements: • Parking requirements generated by the short-range development growth projection obtained in Subtask 4.1 above will be estimated. Anticipated parking demand to be generated by new development will be estimated through application of appropriate demand rates for the study area based on assessment of existing conditions. • Projections will be made of potential future parking supply for the short-range timeframe both for the study area as a whole and for each of the sub -areas. The projections of future parking supply would incorporate estimates of the amount of new parking that would be provided by the projected development growth (based on existing and anticipated Agency requirements for off-street parking in the area as well as identification of existing surface publicly -accessible parking lots that may be displaced by redevelopment of parcels. • The parking demand projections will identify the magnitude of short-term (e.g., visitor or shopper) parking need versus long-term (e.g., employee) parking need. This is an important issue in the development of alternative strategies. Page 15 of 22 0 0 • The projected parking demands will be compared with the projected parking supply, again both for the study area as a whole and for each of the sub -areas, to estimate any potential shortfalls by area. Separate parking demand estimates will be prepared for weekday versus weekend use and daytime versus evening use for the short-range timeframe. Subtask 5.3 — Long Range Parking Demand Forecasts. Development of future parking demand forecasts for the Downtown San Juan Capistrano study area will consist of the following major elements: • Parking requirements generated by the long-range development growth projection obtained in Subtask 5.1 above will be estimated. Anticipated parking demand to be generated by new development will be estimated through application of appropriate demand rates for the study area based on assessment of existing conditions. • Projections will be made of potential future parking supply for the long-range timeframe both for the study area as a whole and for each of the sub -areas. • The parking demand projections will identify the magnitude of short-term (e.g., visitor or shopper) parking need versus long-term (e.g., employee) parking need. This is an important issue in the development of alternative strategies. • The projected parking demands will be compared with the projected parking supply, again both for the study area as a whole and for each of the sub -areas, to estimate any potential shortfalls by area. Separate parking demand estimates will be prepared for weekday versus weekend use and daytime versus evening use for the short-range timeframe. Product 2: Technical Memorandum No. 2 - Short- and Long -Range Parking Demand Forecasts for Downtown San Juan Capistrano Task 6 — Identify Future Issues and Develop Alternative Strategies The first element of this task is to use the data in Task 4 to assess future conditions and identify potential issues and problem locations. These will be compared to those identified in Task 4, existing issues and concerns. Potential parking strategies will be identified and reviewed. These alternative strategies will be directed at those concepts that combine the use of public and private facilities to meet existing and future parking demands. The development of parking management actions will require a detailed inspection of several issues related to parking including: • The pattern of usage of current spaces • Illegal parking • Customer and employee parking behavior • Level of enforcement within the study area Page 16 of 22 The implementation of time restrictions and increased enforcement of these restrictions along with various types of parking zones and measures to discourage employee use of the most desirable spaces are various techniques that will be considered in this analysis. Measures to encourage better use of underutilized facilities will also be considered. It will also be necessary to recognize the difference between short-term (e.g., visitor) and long- term (e.g., employee) parking demand and the effectiveness of these measures for each case. If it is necessary to add new spaces to the study area, a variety of alternatives will be considered. The alternatives could consist of the following general categories: • A few centrally located lots or structures that are intended to serve the needs of a wide geographic area. • Several smaller lots scattered in strategic locations that cumulatively provide adequate capacity. This has the added feature of dispersing traffic onto several streets. This might be accomplished through the use of other Agency -owned lots or privately owned lots or structures that are not fully occupied or unused during the peak periods of demand within the study area, i.e., during evening and on weekends. • A few fringe lots that may need to be served by a convenient and fast public transit service that could act as a trolley or shuttle within the study area. • Additional parking that is provided as part of the development of new commercial activities in the area. These could include public, private, and joint public-private ventures. Alternative strategies may need to be very location sensitive to reflect the unique needs of each of the sub -areas in the study area. This distinction between functional areas in the study area must be acknowledged during each stage of this study, especially during the development of potential improvement scenarios. As part of the initial data collection effort in Task 2, a preliminary review of potential sites for parking facilities that would fulfill the descriptions provided above will be identified. These would be primarily privately owned facilities that may function as overflow facilities during peak periods of demand that could be used as part of a network of lots in the study area. All logical sites will be reviewed utilizing a screening process that will include the following criteria: • Size of lot • Existing usage • Ownership • Location within the study area • Access and egress • Proximity to major regional or area -wide access streets • Potential for good public acceptance Page 17 of 22 0 0 These sites will be used along with the other potential actions to develop a series of alternative parking system improvement scenarios for the Downtown San Juan Capistrano study area. The options to be considered include the use of remote lots with the potential use of a shuttle bus system; the potential for establishing a pricing strategy for the various downtown study area parking facilities that would result in the assessment of a premium fare for conveniently located parking spaces; the use of a changeable and directional signing system that advises users on a up-to-date basis of the location of available parking in the study area; and the use of validations or other incentive programs that allow for universal use of parking in the entire study area. Development of alternatives will recognize that the first goal should be to optimize the use of existing public parking facilities. This may involve a series of message signs not only at each specific facility, but at key access points, relaying the relative occupancy of each parking structure. This will allow users to adjust their choices relative to these facilities. Potential users of additional, possibly less convenient public facilities should also be advised. Finally, alternatives could guide users to privately owned facilities that are part of a unified system with unified pricing. Each of the various scenarios will include the following: • Description of the concept or strategy under consideration, i.e., remote lots, shuttle buses, signing program, etc. • Number, location and ownership of parking facilities under consideration • Relationship of supply to demand, existing and projected • Estimated capital costs • Estimated operation and maintenance costs • Bus costs, if relevant • Additional issues including effectiveness, flexibility, implementation, circulation, and socioeconomic impact • Parking management actions All cost estimates are being based on an "order of magnitude" cost using standard unit costs that will be reviewed with Agency staff. Right-of-way costs for capital improvements will not be included. Issues that will be addressed in the improvement program include the following: • Recommendations directed at more efficiently utilizing existing parking resources • Potential use of parking meters and other revenue producing measures • Short -and long-term solutions directed at management of the system • Consideration of financing options including in -lieu fees • Address the off-street parking policies of the Agency • Assess the need for additional directional signing The development alternatives will consider recent experiences in other communities and similar areas that attempted some or all of these measures. For example: Page 18 of 22 0 0 • Westwood Village is implementing a uniform fare validation program for parking that incorporates both public and private parking lots. • The Los Angeles Community Redevelopment Agency plans to overlay a parking system in Hollywood that would get private parking lots to stay open for nighttime and weekend activities by guaranteeing a minimum amount of income to ensure that none would incur losses • In Pasadena Old Town, one large firm keeps its parking structure, which is conveniently located, open at night and weekends by charging a flat rate • In Glendale, a validation system is being planned in its downtown area that includes both public and private facilities • Long Beach is planning to coordinate its Agency facilities with private facilities in the downtown and Queensway Bay area to provide a coordinated parking system for its many recreation -related users • The Agency of Los Gatos is considering a Agency -operated valet system for weekends and the holiday season • San Jose is implementing a limit on on-site parking requiring payment of an in -lieu fee allowing the Agency to implement more centralized parking supply. Task 7 — Evaluation of Alternatives The first activity is to evaluate and fully discuss each of the alternative scenarios identified above with Agency staff and any other organizations, such as the Chamber of Commerce or a downtown merchant association, determined by the Agency. The parking problem in the downtown San Juan Capistrano may not be an existing problem that has hampered the development of the area or has limited the economic profitability of its merchants. It may be one that is anticipated, the hope for continued economic viability, and the image of the downtown study area. As a result, any potential solutions should be evaluated on the basis of broader based criteria. Because many of these issues are anticipated and not existing, many of the proposed solutions may not be effective if implemented today. This task must ensure that the study team can provide each of the concerned groups sufficient information about the alternatives to allow them to make decisions about their course of action. Many strategies will need a marketing program and a comprehensive public information campaign to be successful. In the second element of this task, the results of this evaluation will be discussed with the Agency staff to select the best measures and/or strategies for further analysis. The best strategies may be a series of independent measures or may be several related schemes that work in concert with one another or in a phased program of implementation. Several variations of one scheme may be considered the best alternatives for further analysis. It may be necessary to evaluate some strategies several times to reflect adjustments to refine its description. Page 19 of 22 0 0 As previously discussed, the evaluation process must also be sensitive to the specific location where the issue exists. The evaluation of alternatives must reflect the specific issues and opportunities that relate to each functional area of the study area. Product 3: Technical Memorandum 3 - Preliminary results of the Evaluation of Alternatives to identify Optimum Strategy for Downtown San Juan Capistrano Task 8 — Recommended Parking System Improvements Plan The purpose of this task is for the study team to work with the Agency during the evaluation to select a course of action that the study team will finalize. This task involves the development of refinements for the preferred plan including the following: • Overall description of parking plan including philosophic approach, concept, physical requirement, operations requirements, and institutional requirements • Description of each element of plan including relationship to other elements • Responsible agency or organization • Any capital improvements including additional parking supply, parking equipment needs to implement various schemes or measures, signs and related equipment to implement a message and/or public information system • Capital cost estimates • Estimate of operations and maintenance costs • Priorities of implementation • Parking management actions • Agency/ City Council actions, e.g., new ordinances The results of this task will be a final report that documents the analysis techniques, data collected and analyzed, the existing conditions, future conditions, parking requirements, alternatives considered and the recommended plan. The report will include the implementation requirements forthe plan including the associated costs, responsibilities for all relevant agencies, projected timeline for implementation, and the projected effectiveness of the plan. If the final plan is not expected to fully address the future parking needs within the downtown area, the report shall include a discussion of additional measures that could be considered by the Agency including expansion of the recommended measures or other options such as remote parking with shuttles. Product: Final Report Summarizing the Recommended Parking System Improvement Plan for the Downtown San Juan Capistrano study area. Page 20 of 22 0 EXHIBIT B PROJECT COMPENSATION 0 Page 21 of 22 Estimated Hours* Rate/Hr Total A. DIRECT LABOR Project Director -Dick Kaku 18 $275 $4,950 Project Manager - Tom Gaul 56 210 11,760 Project Planner -Megan Cummings 144 100 14,400 Project Assistant 188 70 13,160 Total Direct Labor 406 Hrs $44,270 B. OTHER DIRECT COSTS Temporary Labor (4 @ 10 hrs for 2 days) $4,000 Subcontractor - Ron Saxton $5,500 Total CDC $9,500 C. TOTAL ESTIMATED COST $53,770 Page 21 of 22 0 EXHIBIT C RATE SCHEDULE PERSONNEL ASSIGNMENT BY TASK AND COST ESTIMATE 0 Page 22 of 22 HOURS BY PERSONNEL BY TASK Project Project ProjectCOST Director Manager Planner Project TOTAL OF (D. TASK/Subtask Kaku) (T.Gaul) (Cummins Assistant HOURS LABOR 1- Initiate Project and Review Data 2 4 0 0 6 $1,390 2 - Document Existing Parking Supply 0 2 8 16 26 $2,340 3 - Establish Existing Parking Demand 3.1 - Parking Utilization 0 2 8 16 26 $2,340 3.2 - Parking Duration 0 2 8 16 26 $2,340 3.3 - User Survey 2 4 12 24 42 $4,270 3.4 - Employee Survey 2 4 8 8 22 $2,750 Subtotal 4 12 36 64 116 $11,700 4 - Assess Current Parking Conditions 2 8 16 24 50 $5,510 5 - Project Future Parking Demand 5.1 - Land Use Changes 0 2 4 0 6 $820 5.2 - Short -Range Demand Forecasts 2 2 16 20 40 $3,970 5.3 - Long range Demand Forecasts 2 2 16 16 36 $3,690 Subtotal 4 6 36 36 82 $8,480 6 - Identify Future Issues and Develop Alternatives 2 8 16 0 26 $3,830 7 - Evaluation of Alternativ es 2 8 16 24 50 $5,510 8 - Recommended Parking System Plan 2 8 16 24 50 $5,510 TOTAL LABOR 18 56 144 188 406 $44,270 Page 22 of 22 v © �b 0 `o z m N m N N N N N N N N N N N N^ N N N N N N N N df�mJmT¢o mNm¢o$oaSAoamNm0a'mNmo¢mNPa0M1mao1mOao�� iaou M1mma0M1mPa0mma0mmOaU� NM1OW¢OnmNmaDmNM1WaU nmm�rmNW¢0IoNWa0M1mNm¢0M1NNW0anmNmQ0M1mO1 M1mT M1mNm mNW mNm mNW mNm M1mNm mNW mNm M1Nm :c M1m M1NW mN mNM1m---------- <.<< NP N mNn mNN mNn NN NmN Nn rN NN n aPaaWa¢mWWmP ¢WWmW aaaN M1mm NaNW m¢NNm NmNW¢ 000000 000 000000 0000000000000000000000 00000000000000 2 H F HFFF PPPPPP F HFFI-Fr wo 01-F FY -F HFI -FI -HFI -F 1-F-rFF Q<WU m m m N pQ mpQ < N J m m m N mm ppp mppp N pQ Np m N m N m In m pQ Np N N p6 mp m N N pQ mp m pQ mp m a NaQQ 4! m p mpQQ,, m N pQ mp m N y m X,QZ W U U U U U U w J rt� YZZZ MM..ZZZZZZ Z U Z UZ U 0 Z UZ U OZZ U V Z UZ U o U U � U V U V U U U U U U U U Qu z<M,OWZO>»???zzzz OJz2j�jj�j�j>?Z » » j>jj�jjj )vFigg�aZyzz ZQZQz$Qzy�coj cyx¢azzz z<ZQzzzzzz ZQz zQz z zz $Q az z ao z ZQz$$QZZzz ZZQQzzzzZQ UI F>ZQD-MW/1 MWOW NFm�JmNN(hNNNNNNNNNNNfhN Va1N NU)N Jta/1 N fQ/1NmNNNN4Ql fa/1NNN O NN(p {p SSO Q�jO mF O NOO�0 WQ 00000000000000 000 300000 000000 W - # Z Z2ZZZZ Z 2Z wy>m_pwQLL❑N�wWomw>Fmymo¢o Yaa r> FF F PPPPPP FFFI^ F QF F FF� 1�-E �F�Z�ZFu�Za_ZIRf-ZFd_faZF6_E iZZ ZFF F#W m� mN ---- > m0pOO>> UUUUUUaUUU00UUUUU00UUUUUU¢ u �O #WOjj2mQa QQ-j0aayzzzzmZzzzzz❑0000000zzzzzzzzzzzzzJU0mO00 ,oo-awlaazzZzz6Z pmmFFm0 0mMa<aaaaaFW2E E i � mEU C°Fz�ma11a_a�UoUU 60656868 06, Wmpp000>NOUooO ❑¢N.- n�> 00m9mNNNYNI NN'tN0 o�No1NoNNcry�NWN`oN mN Qn gFi N�i ginm�n`n'n 'm 'mm�Mnln n m ananam a'n Ym nn.in h'n n hnnn nn vmi m��`�Sm�mm� mm m m n m nm 0 mmmmmm O W 0 z � 0000 o0<¢ Z r r- ❑ a m mmmmmmo W W W W W W W W m 0000002 in m m m m m m o w O aaaaaaF ❑ U O 0 SQ mmmmm q a¢ W W W W w Z W m N U 00000,U,QQOU rW 0 0ZZ2 ww wx t Q�w R h R d R K a m 2 m K z OOOOOOvwj FOmma aaaaazo5�d eau. 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