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HomeMy WebLinkAbout2010 CON Alta Planning + Design - National City Bicycle Master PlanAGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND ALTA PLANNING + DESIGN, INC. THIS AGREEMENT is entered into this 16th day of March, 2010, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and ALTA PLANNING + DESIGN, INC., a Corporation (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide Planning and Design services for the National City Bicycle Master Plan Project. WHEREAS, the CITY has determined that the CONSULTANT is a Civil Engineering firm and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY hereby agrees to engage the CONSULTANT and the CONSULTANT hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services required hereunder will be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A". The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONSULTANT shall appear at meetings cited in Exhibit "A"to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 10% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Stephen Manganiello, Traffic Engineer hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Brett Hondorp thereby is designated as the Project Director for the CONSULTANT. 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A"shall not exceed the schedule given in Exhibit "A" (the Base amount) without prior written authorization from the City Engineer. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A"as determined by the CITY. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. ACCEPTABILITY OF WORK. The City shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement and the amount of compensation due. In the event the CONSULTANT and the City cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the City or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the City shall each prepare a report which supports their position and file the same with the other party. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 6. LENGTH OF AGREEMENT. Completion dates or time durations for specific portions of the Project are set forth in Exhibit "A". 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY and CONSULTANT thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONSULTANT's written work product for the CITY's purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14 2 City's Standard Agreement —June 2008 revision but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONSULTANT. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT's employees are employee of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or subCONSULTANTs, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its subCONSULTANT(s) shall require the subCONSULTANT(s) to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT's employees except as herein set forth, and the CONSULTANT expressly agrees not to represent that the CONSULTANT or the CONSULTANT's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONSULTANT, its agents, servants, and employees are as to the CITY wholly independent CONSULTANTs and that the CONSULTANT's obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT, and each of its subCONSULTANTs, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT's trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions 3 City's Standard Agreement -- June 2008 revision necessary to protect the CONSULTANT's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT's professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. 4 City's Standard Agreement - June 2008 revision The CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT's negligent performance of this Agreement. 16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits. actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its subCONSULTANTs, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: ® A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). C. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT's employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. If CONSULTANT has no employees subject to the California Workers' Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CITY. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and workers' compensation policies, shall name the CITY and its officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years 5 City's Standard Agreement —June 2008 revision after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. K. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. 6 City's Standard Agreement - June 2008 revision B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: To CONSULTANT: Maryam Babaki, P.E. City Engineer Engineering Department City of National City 1243 National City Boulevard National City, CA 91950-4301 Brett Hondorp Principal Alta Planning + Design, Inc. 3920 Conde St., Unit B San Diego, CA 92110 7 City's Standard Agreement — June 2008 revision Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONSULTANT. 23. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which. together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. 8 C ity's Standard Agreement — June 2008 revision G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY B n Morrison, Mayor APPROVED AS TO FORM: / Jac George H. Eiser, III City Attorney ALTA PLANNING + DESIGN, INC. By: By: Brett Hondo'r Principal Micha Jones Principa 9 City's Standard Agreement — June 2008 revision EXHIBIT "A" Scope of Work - 3/2/2010 Alta Planning+Design and KOA Corporation Project Meetings Throughout the planning process, Alta's project manager will be in regular contact with City staff to keep them apprised of the project effort and to seek their input at key decision points. This will include face-to-face monthly meetings, e-mails, telephone, fax, and written documents. Alta will produce detailed meeting summaries covering the discussion items and will include a list of follow-up tasks and the responsible party for each task. At the completion of each major work task, Alta will produce a working paper with accompanying maps and graphics. These working papers will help ensure that participants involved with the planning process are "on the same page" and will serve as the basis of the final master plan elements. ;Alta will provide an FTP site for the sharing of large documents, and a project wcbsite to post maps, reports, and other items as appropriate. A.1 Kick -Off Meeting The Alta team will meet with the City's Project Manager and team to review city goals and strategies, refine the project scope and working objectives, review design concepts, local and regional bicycle connectivity issues, identify available data, establish communication channels with other departments and agencies, review and list required elements and standards, and approve the public outreach scope and schedule. Changes to the Scope of Work will he made (if necessary), after the Kick -Off Meeting and an amended Scope and Schedule will be published. Alta will develop a Data Needs Memo prior to this meeting and circulate it to City staff. A.2 Public Involvement Plan The Alta team will develop a detailed plan for public involvement. The document will identify participants, dates, times, formats, and the purpose for each meeting. The document will be submitted to the City for review and quality control. A.3 Public Workshops The Alta team will prepare and facilitate two (2) public workshops. The first workshop will be held in May 2010 in conjunction with a General Plan Update workshop where the public will be able to review the results of the data collection efforts and provide input on gaps in the existing system and help identify other opportunities and constraints identified in Working Papers. The second public workshop (Community 'Open House') will be held near the end of the project to present the recommendations. Depending on anticipated turnout, up to four Alta team members will attend each public workshop. The Alta team will provide a written summary of each public workshop. This scope assumes that Alta and the City will collaborate on meeting logistics and prepare specific elements. The ,Alta team will provide content and support for the preparation of a mailer/postcard for the workshops. The City will provide a mailing list or otherwise identify contacts, and mail the postcard. The Alta teats will provide content for display ads for the newspaper; the City will prepare the final display ad and distribute it through its normal press channels. The Alta teats will provide information for and design fact sheets; the City will distribute the fact sheets. The Alta team will prepare the following meeting materials for use at the public workshops: meeting display boards, maps, relevant handouts and PowerPoint presentations if necessary, and sign -in sheets. The City will secure the meeting locations and provide simple refreshments for the public. [Note: It is assumed that the city will want to fill the roles described above. However, the Alta team stands ready to add these items to our own scope and budget if desired by the City.] A.4 Establish Project Website Alta will design a project web page that can either be hosted by Alta on a project -specific website, or be hosted on the City's website. The web page will provide the public and interested stakeholders updated project information and contact information. Alta has an in-house graphic and web page designers who will design materials and web test and launch the web page, with Cite review and approval. The web page will he strategically written and designed to catch the reader's attention and it will include project background material, an anticipated schedule, public participation information and contact information. A.5 Dispersed Outreach Effort Alta will attend up to four community meetings or school events to gain additional input from the public. Alta will work with City staff and the General Plan consultant to identify optimal meetings and event to attend for either interviewing or surveying members of the public. • Public Outreach Plan • Establish project website ▪ Public meeting notices and agendas; presentation materials • Attendance at up to two public workshops with materials and documentation • Attendance at up to four meetings/events to gain additional input B.1 Existing Document Collection The City will identify documents for review and provide the Alta team with a review copy if the document is not available electronically. Documents to be reviewed include (but are not limited to): • Downtown Specific Plan • Land Use -Zoning Code • City Design Guidelines • Public Works' Capital Improvement Program • City General Plan and Comprehensive Transportation Strategy • Parks and Recreation Master Plan • Neighborhood and other subarea plans such as the Westside Inftll TOD, Redevelopment Plan, Cultural Arts & Education District, Marina Gateway, Westside Specific Plan, I Iarbor Drive Trade Corridor, Plaza Boulevard Widening, and other plans and projects. B.2 Policy Review & Analysis Alta will help develop and refine a creative vision and direction for bicycle planning by reviewing existing plans, goals, and objectives in the City. "These include bicycle policies developed in the local plan example and other sources. We will start with existing national and state goals and policies, including those within S:AFF:TEA-LU and Bicycle Transportation Account (BTA) requirements. For the sake of comparison, we will utilize our library of plans from around the country and provide a summary of goals and policies from comparable communities to the city plus trend -setting areas (in the fields of bicycle planning) such as Seattle, Portland, State of Florida, State of Oregon, Sacramento, Phoenix, Boulder, Madison, and other communities. Alta's Dutch partners (Balancia) will also provide the best international practices available today . The summary will include policies from national organizations such as the National Recreation & Park Association, American Planning ;Association, Rails -to -Trails Conservancy , Association of Bicycle & Pedestrian Professionals, and the Institute of Transportation Engineers. Based on this information, Alta will make recommendations that may address the City's design standards, standard street cross -sections, ordinances, Municipal Code, General Plan, Context Sensitive Design and Complete Streets policies, and pending and approved development plans and specific plans. B.3 Develop Project Vision, Goals, Objectives The Alta team will work with City staff to develop the project vision, goals, and objectives. A vision statement outlines what the City wants to be. It concentrates on the future and is a source of inspiration. The goals express a desired end -state for the city. The goals will be developed using existing General Plan goals as a starting point, and conforming to the agency's format and style. They will be supplemented by bicycle goals from a 'best practices' review of bicycle plans developed for comparable cities nationally and internationally. Objectives are more specific statements under each goal that define how policies will be achieved. The benchmarking and performance measurement systems will allow the City to measure their progress towards meeting the objectives and goals established in this task. B.4 Existing Conditions / Opportunities & Constraints To ensure the project can he completed efficiently, Alta will conduct a targeted field inventory of proposed bikeways and potential Linkages. We understand a key product of the background data collection is to identify bicycle deficiencies based upon existing and planned roadway conditions, including assessing lane configurations as they relate to roadway type. Reviewing City roadway standards and future roadway plans, combined with fieldwork, will be an extensive component of this phase of the planning effort. The Alta team will review and update/create as needed a comprehensive base map of existing and proposed bikeways for field inventor-. The inventor° will be catalogued graphically on a study area map and contaui the following possible types of information for the existing bikeway system and connecting segments in adjacent communities: a. Location and description of existing bicycle support facilities b. Facility description notes (length, condition, etc.) c. Classification (I,II, or II1) d. Support facilities such as bicycle racks and lockers at major destinations c. Substandard sections, gaps, and bottlenecks based on community input L Major alternative transportation modes connection points g. Number and type of vehicle lanes (at key locations) h. Presence of railroad tracks, grates, and other visual or physical hazards (at key locations) i. Level of bicycling activity j_ Presence of schools, parks, and other trip generators/attractors In addition, we will identify areas that need re -striping maintenance and include this on the checklist spreadsheet to be given to the City at thc conclusion of the project. Primary data collection efforts will include a review of bicycle facilities with the highest levels of activity, including: • Park & Ride Facilities • "Transit Facilities • Local Public and Private Schools • Local Parks • Community Centers and Libraries • Shopping Centers • Existing Bikeway and Trail Segments B.5 Network Analysis Alta will review the existing bicycle facility network and conduct a field review of these facilities, including touring selected existing routes by bicycle and/or foot as necessary. We will work with the City staff to develop a list of corridors and locations that merit greater attention for implementation. Field investigations will be documented using field notes, taking field measurements with GIS/GPS devices, and using digital photography. We will determine the adequacy of existing facilities based on criteria such as: • Safety • Connectivity • Completeness of network • Ability to serve employment, recreational and transit destinations • Barriers and constraints, and • Ability to serve the needs of different types of bicyclists. After classifying the adequacy of thc existing facilities, the Alta team will identify and characterize the existing bicccle system gaps. Bicycle gaps exist in various forms, ranging from short "missing links" on a specific street or path corridors, to larger geographic areas with few or no bicycle facilities. Gaps can then be organized based on length and other characteristics such as location or facility type. The Alta team proposes to classify bikeway gaps into five main categories, described below: • Spot gaps: Spot gaps refer to point -specific locations lacking dedicated bicycle facilities or other treatments to accommodate safe and comfortable bicycle travel. Spot gaps primarily include intersections and other vehicle/bicycle conflict areas posing challenges for riders. Examples include bike lanes on a major street "dropping" to make way for right turn lanes at intersection, or a lack of intersection crossing treatments for bicyclists on a bikeway as they cross a major street. • Connection gaps: Connection gaps are missing segments (1/4 mile long or less) on a clearly - defined and otherwise well-connected bikeway. Major barriers standing between bicycle destinations and clearly defined routes also represent connection gaps. Examples include hike lanes on a major street "dropping" for several blocks to make way for on -street parking; a discontinuous off-street path; or a freeway standing between a major bikeway and a school. • Lineal gaps: Similar to connection gaps, lineal gaps are 1/4 mile to one -mile long missing link segments on a clearly defused and otherwise well-connected bikeway. • Corridor gaps: On clearly -defined and otherwise well-connected bikeways, corridor gaps are missing links longer than one mile. These gaps will sometimes encompass an entire street corridor where bicycle facilities are desired but do not currently exist. • System gaps: Larger geographic areas (e.g_, a neighborhood or business district) where few or no bikeways exist are identified as system gaps. System gaps exist in areas where a minimum of two intersecting bikeways would be required to achieve the target network density. Gaps typically exist where physical or other constraints impede bicycle network development. Typical constraints include narrow bridges on existing roadways, severe cross -slopes, and potential environmental damage associated with wider pavement widths. 'Traffic mobility standards, economic development strategies, and other policy decisions may also lead to gaps in the bicycle network. For instance, a comrnunit's strong desire for on -street parking or increased vehicle capacity may hinder efforts to install continuous bike lanes along a major street. The figure above presents a theoretical diagram illustrating the five gap types. B.6 Collision and Safety Analysis Concern about safety is the most common reason given for not riding a bicycle (or riding more often), according to national and local surveys. Many bicyclists complain that motorists do not see or are openly hostile on roadways. National bicycle accident research conducted by our staff has shown a similar pattern: the most commonly reported crashes are broadsides that occur at busy arterial intersections in the late afternoon. Coincidentally, many of these bicyclists involved in accidents are younger people who are often improperly trained. Both of these issues point to the need for increased education --for bicyclists and motorists alike. \1ta will measure bicycle safety in two ways: (1) reviewing existing bicycle education programs offered in the city and comparing these with other programs throughout the county, stare and country, and (2) conduct field research of site specific hazards identified by staff and the public or through our field research, such as potholes, grates, railroad tracks, narrow streets, multiple driveways, limited line of sight and poor lighting. We propose to use both approaches. A\%e will also talk with representatives from the police department, public works agency, and active bicyclists to understand some of the existing specific liability concerns, enforcement issues, and safety hazards in the city. Alta will perform a detailed analysis of the City's collision data or use Statewide Integrated Traffic Records System (SWITRS) data to identify and reap individual streets and intersections experiencing high numbers of crashes involving bicycles for the past three (3) years of available collision data. We will evaluate individual street characteristics such as posted speed and number of lanes to identify the relationship between collisions and roadway conditions. Alta will recommend strategies relevant to conditions in the City to nntigate future collisions. B.7 Needs and Demand Analysis We propose to complete a user needs and demand analysis of bicyclists in the City to ensure that the proposed system meets the needs of cyclists of all ages and abilities, plus a physical needs analysis of existing opportunities and constraints. We will also develop specific projections on existing and future bicycle commuter volumes for use in air quality and Federal funding applications, based on our National Bicycle & Pedestrian Documentation Project Bicycle Demand Model methodology that has been accepted nationally. We will supplement this effort with field observations and also review count data conducted in the area and use this information in our projections, and make recommendations for future count methods or locations. Working Paper #1: Existing Conditions / Opportunities & Constraints Based on these tasks and data provided be the City, Alta will prepare GIS base maps showing the city's existing bikeway network. The maps will be developed at an appropnate scale to communicate existing conditions and for incorporation into the existing conditions report. The existing base maps will include all information necessary to satisfy Caltrans BTA requirements, including existing land uses, major generators and attractors (schools, park and recreational sites, civic buildings, key employment centers, and transit stops), bicycle parking facilities, and bicycle changing facilities. Using available G1S, bikeways in adjacent jurisdictions will be displayed to show how the cit}'s bikeway network provides connectivity and continuity to nearby communities. Alta will develop the following series of maps based on available data and field collected data: • Existing system gaps • Collision analysis • Potential Demand Analysis • Opportunities and constraints Working Paper #1 will also include a written summary of existing conditions, an updated inventory of existing bicycle facilities and a description of opportunities and constraints. rr. C.1 Plan Evaluation The objective of this task is to review the policies, goals, and projects in the City's General Plan Update and Specific Plan documents, Regional Transportation Plan, and the San Diego Regional Bicycle Plan to ensure consistency. Alta will review the `Draft' Bicycle Master Plan with City staff to identify those components that need updating or refining, those components that are missing, and those components that need to he replaced. Alta will recommend a refined bikeway network of bicycle facilities (as needed) for the City in text and GIS formats, incorporating the existing bikeway network and recommending new routes to address gaps, deficiencies and needs. All recommended bikeway facilities will be described by the classification system developed by Caltrans in Chapter 1000: Plonnan, and Design of Bigcle Facilities. The Caltrans classification system consists of the following categories: • Bike Paths (Class I): bicycle or multi -use paths separate from roadways, with at -grade or grade - separated crossings • Bike Lanes (Class II): striped bicycle lanes, typically on the right-hand side of roadways ■ Bike Routes (Class III): roadways that provide adequate shoulder or curb lane width and signing, but no striping For liability, fimding, and other purposes, we propose to use this classification system for this plan. For the network, Alta will prepare a detailed spreadsheet listing the improvements and describing key characteristics of each proposed route, including lengths. For the recommended network, GIS maps will be submitted to the CM- for review and approval prior to preparing a draft bicycle plan. Alta shall make any necessary revisions on the proposed system for inclusion in the Draft Bicycle Master Plan. Using the information collected in the previous tasks, Alta will produce a GIS map identifying the recommended bicycle network for the City. C.2 Engineering Field Review As part of the ranking and phasing of improvements, an engineering review of proposed corridor improvements is required. The Alta team will conduct an engineering field review of the location to determine what options are possible_ from full bike lanes to widened curb lanes, bike boulevard treatments, bike shared -lane markings, or other improvements. This scope of work assumes up to 20 locations (1-2 blocks in length) will be examined. C.3 Development of Strategic Corridors and Routes Existing conditions on candidate routes will be inventoried and reviewed as needed to help select appropriate routes as noted above. We will use field review in combination with Alta's innovative GIS- based evaluation systems that have proven effective in the bikeway planning process. Strategic corridors and routes to recreational, shopping, employment, and school destinations throughout the city- will be identified based on (a) existing systems, (b) directness and convenience for bicyclists, (c) connectivity to the surrounding residential areas and major desturations, and (d) connectivity to existing multi -modal centers such as the train station and bus stops. C.4 Route Selection Criteria The recommended bicycle improvements will be ranked according to general planning criteria and submitted to staff for review and comment. A GIS-based prioritization systems will be used to attach weights to each criterion and determine which recommendations meet the highest number of criteria. These criteria may consist of those listed below and others developed with City staff and other local agency representatives. • Suitability- for bicycling without improvements • Suitability for bicycling with improvements • Provides/enhances Safe Route to School connection • Closure of critical gap • Tmprovemcnt that serves an irnrnediate safety need • Destinations served • Enhances system connectivity • Geographic distribution of city coverage • Segment which will attract high usage • Current availability and/or suitability of right-of-way • Cost effectiveness • Projected reduction in vehicle trips and vehicle miles traveled • Integration into the existing local and regional bikeway system • Interface with other transportation modes (c.g., transit, intercity rail, etc.) • Local political and community support C.5 Recommended Support Facilities Support facilities for bicycle systems include signal loop detectors, lighting, signing, bicycle repair shops, bicycle racks and lockers, bike racks on buses, shower facilities, and staging areas at trailheads. Support facility types will be described and classified whenever possible. Recommended improvements will be described as a series of specific standards, except at major destinations such as regional parks, where the actual number and type of support facilities will he identified. Our recommendations will also include actions such as improved access to local and regional transit, bike racks on buses, methods of improving bicycle security such as bike corrals (card -access secure areas), bike storage areas in attended parking lots and garages, building access and restriction guidelines based on best practices and recommended designs for bike racks and lockers. C.6 Ranking and Phasing of Recommendations The recommended improvements will be ranked according to general planning criteria and submitted to staff for review and comment. The GIS-base prioritization system will be used to attach weights to each criterion and determine which recommendations meet the highest number of criteria. The recommended improvements will next be evaluated according to specific criteria listed in funding sources such as regional, state, and Federal grant programs. Each source requires a different type of project and documentation of impacts and benefits. Because of this, the selected routes or improvements will be developed in sufficient detail to qualify for the most stringent program requirements. Our team will work closely with the staff throughout the selection and ranking process, lending expertise on funding, planning, and design guidelines when required. C.7 Cost Estimates The Alta team will prepare a project database in Excel listing detailed information on each proposed segment length, corridor condition, and other information. Planning -level costs will be separated between land cost (if any), site preparation, planning, design and engineering costs, construction costs, and environmental documentation/mitigation costs (if any). The Alta team will use the latest unit costs provided by the City Public Works Department in tandem with the most recent figures from comparable communitie s. Maintenance Costs for each segment will be evaluated according to an estimated cost -per -mile and estimated annual maintenance and operation costs by implementation phase based on comparable experiences. 'I -he Department responsibility will also be identified, as will the relationship to possible funding and specific requirements. C.8 Priority Project Description Sheets Findings from the engineering review will be translated into Project Description sheets for the top priority projects (up to 5 projects). Detailed project description sheets can serve as an excellent tool for future implementation funding applications. Project sheets will describe key characteristics of each proposed route or route segment including: • Proposed facility type(s) • Dominant land use • Dominant users (commuter, recreational, etc.) • Key safety issues • Project cost opinions • Jurisdictional responsibility C.9 Design Guidelines The Alta Team will work with city staff to coordinate the development and assembly of one comprehensive set of bicycle design guidelines for the City consistent with state and Federal standards and practices. Alta will prepare an opening chapter that discusses the various guidelines and how thcv relate to one another, followed by the design guidelines. C.10 Funding Our team's staff has successfully helped communities around the country apply for and receive over $50 million in funding for bicycle facilities. Alta has an in-house grant writing group who are experts at identifying funding opportunities and matching projects with the right grant. Our team is familiar with virtually all state and federal sources of bikeway funding, including funding sources in the SAFEI'EA-LU legislation. We are also aware that funding is much more likely from all sources when it comes from a variety of local, state, federal, and public and private sources. In other words, most funding sources prefer to leverage local funds as match to secure other funds rather than provide the bulk of funding themselves. The Alta team will identify potential matching and major funding sources, associated criteria and requirements. Costs of the phased improvements will be compared with funding needs, so that long term programming for local matching funds can be accomplished. The Alta team will explore funding options from public and private sources, contacting our network of funding specialists around the L.S. to determine the availability and requirements for grants. Alta staff will complete two (2) grant applications for the City as part of this scope of work. C.11 Safe Routes to School Toolkit Alta will develop a "Safe Routes to School Toolkit" for the school district(s) serving the City providing an overview of best practices tools and strategies to improve safety and accessibility for bicyclists around school zones. The Toolkit is intended for a non -technical audience and can be used by parents, politicians, and teachers to develop a Safe Routes to School program at their school. The Toolkit will include a summary of the City's and School District's existing efforts, and descriptions of Safe Routes to Schools engineering tools, operational tools, education and encouragement tools, enforcement tools and resources. TheToolkit will be included in the Bicycle Master Plan as an Appendix and designed so that it can be used as a stand-alone document. For individual schools expressing interest in advancing SR2S projects, :Alta will develop up a pilot school project description sheet with maps and data that will allow the schools to advance plans in accordance local and State guidance. C.12 Education and Marketing Programs Becoming a truly bicycle -friendly community requires a multi -faceted approach, including strategies beyond traditional engineering and infrastructure projects. Utilizing several innovative approaches, the City has the potential to build on its solid foundation of supporting multimodal transportation and become a model bicycling community. Alta will work with City staff to examine in a "bigger picture" term their education/outreach interests, concerns, needs, and resources and develop a plan using numerous strategics that addresses those items. Alta will then develop a 'Best Practices — 4 E's" report identifying potential changes to improve bicycle education, encouragement, enforcement, evaluation, and public outreach efforts. These recommendations will be based both on results of the previous tasks that identified problem areas plus experience gained in communities around the region and the United States. These recommendations may include: Sunday Parkways, bike ambassadors, bike buddy programs, traffic safety diversion program (instead of tickets for bike related infractions), Safe Routes for Seniors, Women on Bikes, walking/biking/transit mobility maps, walking & bicycling legal training, Bicycle Benefits program, Lights On campaigns, Share the Path campaigns, targeted advertising and Public Service Announcements (PSA's) etc . In Alta's experience, if you build the facility, users will use it; however, if you build the facilit- and tell people about it, they will embrace it.:\lta is the only bicycle and pedestrian planning firm with a department dedicated to the education and encouragement for non -motorized programs. The report will include an overview of existing programs, and develop a custom suite of new program recommendations. This approach will be refined during the kick-off meeting to ensure that the City's needs arc met when it comes to education and outreach. Working Paper #2: Recommended Bikeway Network Refined bikeway network and map Descriptions of strategic corridors and route Ranking and phasing of projects Cost estimates Project description sheets Design guidelines Funding Safe Routes to School toolkit Education and rnarketinh This task includes preparation and submittal of a revised Bicycle Master Plan document, a Community `Open House' to present the Bicycle Master Plan, revision and re -submittal of the Plan as needed, and presentation of the Plan to the City Planning Commission and other groups. D.1 Bicycle Transportation Account Compliance In order to provide maximum clarity for the City, SAND.AG, and Caltrans staff reviewing the Bikeway Master Plan for Bicycle Transportation Account (BTA) compliance, Alta will prepare a separate checklist summarizing how the plan satisfies each of the BTA-required elements of the Streets and highways Code 891.2 (a-k). This checklist will allow reviewing staff to go to a single document to confirm that all BTA-required elements have been met, thus avoiding the need to search Throughout the document for the various applicable sections. This BTA compliance checklist can be provided at the beginning of the document, or as one of the appendices. A description of how Alta will meet these requirements is presented below. BTA BTA 891.2 Required Plan Elements Location/Explanation of Compliance (a) The estimated number of existing bicycle commuters in the plan area and the estimated increase in the number of bicycle commuters resulting from implementation of the plan. BTA Compliance Table. An estimate will be developed for all agencies using Alta's Bikeway Demand Model, which is based on US Census and other sources. A full description of this methodology will be included in the appendix. (b) A map and description of existing and proposed land use and settlement patterns which shall include, but not be limited to, locations of residential neighborhoods, schools, shopping centers, public buildings, and major employment centers. BTA Maps and BTA Appendices. Land use maps for the County obtained from local agencies will be presented in this chapter. The BTA maps show major activity centers such as schools and parks are also shown in this chapter. (c) A map and description of existing and proposed bikeways. BTA Maps. Information as provided by local agencies in map and/or tabular form. (d) A map and description of existing and proposed end -of- trip bicycle parking facilities. These shall include, but not be limited to, parking at schools, shopping centers, public buildings, and major employment centers. BTA Maps and BTA Compliance Table. Local agencies will provide information on whether they have (or plan to have) bicycle parking at major activity centers, a bike parking ordinance, or a bike station. (e) A map and description of existing and proposed bicycle transport and parking facilities for connections with and use of other transportation modes. These shall include, but not be limited to, parking facilities at transit stops, rail and transit terminals, ferry docks and landings, park and ride lots, and provisions for transporting bicyclists and bicycles on transit or rail vehicles or ferry vessels. BTA Compliance Table and BTA Maps. Jurisdiction served by buses with bike racks; and/or has a bicycle parking ordinance or is considering one as part of Update process. (f) A map and description of existing and proposed facilities for changing and storing clothes and equipment. These shall include, but not be limited to, locker, restroom, and shower facilities near bicycle parking facilities. BTA Compliance Table and BTA Maps. Changing and storage facilities are defined as having publicly -accessible restrooms at parks, public buildings (shown on the BTA Maps); and/or has or is considering adopting a changing facility ordinance. (g) A description of bicycle safety and education programs conducted in the area included within the plan, efforts by the law enforcement agency having primary traffic law enforcement responsibility in the area to enforce provisions of the Vehicle Code pertaining to bicycle operation, and compile existing data on the resulting effect on accidents involving bicyclists. BTA Compliance Table. Local agencies will provide information on their safety and education programs. Alta will review collision data from the past three years plus conduct field reviews of problem areas. (h) A description of the extent of citizen and community involvement in development of the plan. BTA Compliance Table. Agencies that already have approved bicycle transportation plans or have are identified as `yes', while others are planning on holding community meetings. (i) A description of how the bicycle transportation plan has been coordinated and is consistent with other local or regional transportation, air quality, or energy conservation plans, including, but no limited to, programs that provide incentives for bicycle commuting. BTA Compliance Table. By participating in this countywide coordination process, which includes review by TAM, all local participating agencies will meet this requirement. BTA 891.2 (1) (k) Required Plan Elemen A description of the projects proposed in the plan and a listing of their priorities for implementation. A description of past expenditures for bicycle facilities and future financial needs for projects that improve safety and convenience for bicycle commuters in the plan area. Location/Explanation of Compliance BTA Maps and BTA Appendix. Projects and priorities in list and map -form will be submitted by participating cities, and shown in the BTA Maps and appendix. BTA Compliance Table. Past expenditures will be based on actual or estimated costs of existing facilities in each participating city. D.2 Commission Presentations The Alta team will present the Plan to the Planning Commission, City Council, and the Bicycle - Pedestrian \B orking Group at SANDAG. D.3 Draft Bicycle Master Plan #1 Based on the tasks outlined above, Alta will prepare a Draft Bicycle Master Plan for the CM-. The Draft Bicycle Master Plan will be developed with the twin objectives of: • Providing the blueprint for a comprehensive system in the City that makes bicycling for all purposes and by all users accessible, safe and desirable; and • Providing a strong, strategic, funding plan for bicycle facility expansion, improvement and implementation citywide. Alta will submit three copies of the First Draft Plan for review by City staff. D.4 Final Bicycle Master Plan We assume that all staff, committee, and other reviewer comments will be compiled by City staff and provided to Alta after each of the draft stages. Alta will address the Draft comments and incorporate them into the Final Bicycle Master Plan. We will submit one electronic version of the Final Draft Plan to city staff for review to ensure that all comments have been addressed. Upon approval, Alta will produce five (5) bound copies and a pdf version of the Final Bicycle Blaster flan. SCHEDULE 3.2.2010 CITY OF NATIONAL CITY BICYCLE MASTER PLAN UPDATE TASK April Task A: Project Meetings and Workshops Task B: Research and Data Collection Task C Evaluation and Recommendations Task D Reports and Presentations MONTH - 2010 May June July' alter August Cost Estimate and Schedule of Fees Alta Planning + Design proposes to complete all of the task items in the scope of work for a fee of $50,000, including all expenses. The schedule of rates and fees by staff person are provided below. Staff Hourly Rates Hours Fees Brett Hondorp, Principal $150 50 $ 7,500 Sam Corbett, Project Manager $125 119 $14,875 Bridget Enderle, Asst. Project Manager $ 85 150 $ 12,750 Sasha Jovanovic, Planner $ 85 100 $ 8,500 KOA Engineer $150 40 $ 6,000 Total $49,625 Direct expenses: $375 ACORD TM CERTIFICATE OF LIABI LITY INSURANCE Date (MMIDDIYR) 3/1/2010 PRODUCER HEFFERNAN PROFESSIONAL PRACTICES License Number; 0564249 1855 W. Katella Avenue, Suite 255 Orange, CA 92867 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED ALTA PLANNING AND DESIGN, INC. 711 SE GRAND AVENUE PORTLAND, OR 97214 INSURER A: INSURER 8: INSURER C: INSURER D: INSURER E: Travelers Property Casualty Co of Am Travelers Indemnity Company Travelers Casualty Ins Co. of America Continental Casualty Company 36161 25658 19046 20443 IiV YGRMV GJ THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF CONTRACT OR OTHER DOCUMENTVMTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADOL INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE(M/MODIYY) POUCY EXPIRATION DATE(MMJDD/YY) LIMITS B A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY 6800653P383 6800666P70A 06/01/09 06/01/09 06/01/10 06/01/10 EACH OCCURRENCE $1.000,000 DAMAGE TO RENTED PREMISES (Es. Occurrence) $1,000,000 MED EXP (ANY ONE PERSON) $10,000 CLAIMS MADE I X I OCCUR PERSONAL aADV INJURY $1.000,000 GENERAL AGGREGATE $2,000,000 PRODUCTS •COMP/OP AGG) $2,000,000 OWL AGGREGATE POLICY LIMIT APPLIES PER • I ' `I ROCT I I LOC B A AUTOMOBILE LIABILITY 6800653P383 6800666P70A 06/01/09 06/01/09 06/01/10 06/01/10 COMBINED SINGLE OMIT (Ea accident)$1,000,000 ANY AUTO BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ X HIRED AUTOS X NON -OWNED AUTOS PROPERTY DAMAGE (Per Accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO AUTO ONLY AGG $ A EXCESSNMBRELLA LIABILITY CUP3324T848 06/01/09 06/01/10 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 X OCCUR CLAIMS MADE $ $ $ DEDUCTIBLE RETENTION $10,000 C WORKERS COMPENSATION ANO EMPLOYERS' LABILITY ANY PROPIETORrPARTNERlEXECUTIVE OFFICERIMEMRER EXCLUDED? It yes. describe under S OTHER Professional Liability MCH114135257 10/17/09 10/17/10 $3,000,000 Per Claim $3,000,000 Aggregate DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Projects as on file with the insured incl but not ltd to City of National City Bicycle Master Plan Update. City of National City and its officers, agents and emp oyees are named as additional Insured and primary/non-contributory clause applies to the general liability policy, including non-owned/hired auto -_.._-___ --,..A ...... ........ lint, tolahrnr of 4„hrnnatinn annlias See attached endorsements. CERTIFICATE HOLDER City of National City c/o City Attorney's Office 1243 National City Blvd. National City, CA 91950 CANCELLATION *10 Day Notice for Non -Payment of Premium SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL GHDGAVOR-TO MAIL 3q' DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT-FAIWRGTO-DOSOSHA46 IMPOSE-NO-0B1d64MW►WR LL INTY OF ANYJKIND-UPBN-THGAHSURSA TS-AGSNTSOR RSPRLSBKARVSS.-SXCEPT•FOR-CANCSIA A-AON-DUG3O-N01J-PAYMGHLOF-PRWAIUM-IN-WHICN 6ASS4,40-0AYSLNBACG-WILL-GG6IVGN. AUTHORIZED REPRESENTATIVE ACORD 25 (2001/08) ©ACORD CORPORATION 1988 POLICY NO.: 6800653P383 / 6800666P70A COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERSON(S) OR ORGANIZATION(S): City of National City, Its Officers, Agents and Employees PROJECT/LOCATION OF COVERED OPERATIONS: All Consulting Operations. PROVISIONS A. The following is added to WHO IS AN INSURED (Section II): The person or organization shown in the Schedule above is an additional insured on this Coverage Part, but only with respect to liability for "bodily injury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing operations; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "products -completed operations hazard". Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury" for which that person or organization has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: d. This insurance does not apply to the rendering of or failure to render any "professional services". e. The limits of insurance afforded to the additional insured shall be the limits which you agreed in that "contract or agreement requiring insurance" to provide for that additional Insured, or the limits shown in the Declarations for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance CG D3 82 09 07 © 2007 The Travelers Companies, Inc. Includes copyrighted material of Insurance Services Office, Inc., with its permission. stated in the LIMITS OF INSURANCE (Section ID) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that, for the additional insured shown in the Schedule, the insurance provided to that additional insured under this Coverage Part must apply on a primary basis, or a primary and non- contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named Insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance" for such additional insured. But this insurance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when the additional insured is also an additional insured under any other insurance. Page 1 of 2 C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): We waive any rights of recovery we may have against the additional insured shown in the Schedule above because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" on or for the project, or at the location, shown in the Schedule above, performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that additional insured. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insurance" with that additional insured entered into by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement under which you are required to include the person or organization shown in the Schedule as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal injury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. CG D3 82 09 07 © 2007 The Travelers Companies, Inc. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 2 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 6800653P383 16800666P70A ISSUE DATE: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. HIRED AUTO AND NONOWNED AUTO LIABILITY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Insurance is provided only with respect to those coverages for which a specific premium charge Is shown: COVERAGE Hired Auto Liability Nonowned Auto Liability ADDITIONAL PREMIUM $ INCLUDED $ INCLUDED (If no entry appears above, information required to complete this endorsement will be shown In the Declarations as applicable to this endorsement.) PROVISIONS C. WHO IS AN INSURED A. COVERAGE If a premium charge is shown in the SCHEDULE above, the insurance provided under Section I — Coverage A — Bodily Injury And Property Damage Liability applies to "bodily Injury" and "property damage" arising out of the maintenance or use of a "hired auto" or "nonowned auto". Maintenance or use of a "nonowned auto" in- cludes test driving in connection with an "auto business" B. • EXCLUSIONS With respect to the insurance provided by this endorsement: 1. The exclusions, under Section I — Coverage A — Bodily Injury And Property Damage Liability, other than exclusions a., b., d., e., f, and i. and the Nuclear Energy Liability Exclu- sion (Broad Form) are deleted and replaced by the following: a. "Bodily injury" to: (1) Any fellow "employee" of the insured arising out of and in the course of: (a) Employment by the Insured; or (b) Performing duties related to the conduct of the insured's busi- ness. b. "Property damage" to: (1) Property owned or being transported by, or rented or loaned to the insured; or (2) Property in the care, custody or con- trol of the insured. Section 11 — Who Is An Insured is replaced by the following: Each of the following is an insured under this in- surance to the extent set forth below: 1. You; 2. Anyone else including any partner or "execu- tive officer" of yours while using with your permission a "hired auto" or a "nonowned auto" except: a. The owner or lessee (of whom you are a sublessee) of a "hired auto" or the owner or lessee of a "nonowned auto" or any agent or "employee" of any such owner or lessee; b. Your "employee" if the covered "auto" is owned by that "employee" or a member of his or her household; c. Your "employee" if the covered "auto" is leased, hired or rented by him or her or a member of his or her household under a lease or rental agreement for a period of 180 days or more; d. Any partner or "executive officer" with re- spect to any "auto" owned by such part- ner or officer or a member of his or her household; e. Any partner or "executive officer" with re- spect to any "auto" leased or rented to such partner or officer or a member of his or her household under a lease or rental agreement for a period of 180 days or more; MP T1 2511 03 Copyright, The Travelers Indemnity Company, 2003 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 2 COMMERCIAL GENERAL LIABILITY f. Any person while employed in or other- wise engaged in duties in connection with an "auto business", other than an "auto business" you operate; g. Anyone other than your "employees", partners, a lessee or borrower or any of their "employees", while moving property to or from a "hired auto" or a "nonowned auto"; or 3. Any other person or organization, but only with respect to their liability because of acts or omissions of an insured under 1. or 2. above. D. AMENDED DEFINITIONS The Definition of "insured contract" of Section V — Definitions is amended by the addition of the fol- lowing exceptions to paragraph f.: Paragraph f. does not include that part of any contract or agreement: (4} That pertains to the loan, lease or rental of an "auto" to you or any of your "employees", if the "auto" Is loaned, leased or rented with a driver; or (5) That holds a person or organization engaged In the business of transporting property by "auto" for hire harmless for your use of a cov- ered "auto" over a route or territory that per- son or organization is authorized to serve by public authority. E. ADDITIONAL DEFINITIONS Section V — Definitions is amended by the addi- tion of the following definitions: 1. "Auto Business" means the business or oc- cupation of selling, repairing, servicing, stor- ing or parking "autos". 2. "Hired auto" means any "auto" you lease, hire, rent or borrow. This does not include: a. Any "auto" you lease, hire or rent under a lease or rental agreement for a period of 180 days or more, or b. Any "auto" you lease, hire, rent or borrow from any of your "employees", partners, stockholders, or members of their house- holds, 3. "Nonowned auto" means any "autos" you do not own, lease, hire, rent or borrow that are being used in the course and scope of your business at the time of an "occurrence". This includes "autos" owned by your "employees" or partners or members of their households but only while being used in the course and scope of your business at the time of an "oc- currence". If you are a sole proprietor, "nonowned auto" means any "autos" you do not own, lease, hire, rent or borrow that are being used in the course and scope of your business or per- sonal affairs at the time of an "occurrence". Page 2 of 2 Copyright, The Travelers Indemnity Company, 2003 MP T1 25 11 03 Includes copyrighted material of Insurance Services Office, Inc., with Its permission. TRAVELERS POLICY NUMBER: UB7125Y672 WORKERS COMPENSATION AND EMPLOYERS LIABILITY ENDORSEMENT WC 99 03 76 (00) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT — CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 5.000% of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization ANY PERSON OR ORGANIZATION WITH WHOM YOU AGREE IN WRITING TO WAIVE YOUR RIGHT TO RECOVER AGAINST THEM. YOU MUST AGREE TO THIS WAIVER PRIOR TO THE DATE OF LOSS Job Description: Projects as on file with the insured Authorized Representative RESOLUTION NO. 2010 — 35 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH ALTA PLANNING + DESIGN, INC., FOR THE NOT -TO -EXCEED AMOUNT OF $50,000 TO PROVIDE PLANNING AND DESIGN SERVICES FOR COMPLETION OF THE NATIONAL CITY BICYCLE MASTER PLAN WHEREAS, the City of National City desires to retain a consultant to provide planning and design services for completion of the National City Bicycle Master Plan; and WHEREAS, Alta Planning + Design, Inc., is a civil engineering firm that is well - experienced and skilled in providing the type of services desired by the City, and is willing to enter into an agreement to provide such services in the amount of $50,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an agreement in the amount of $50,000 with Alta Planning + Design, Inc., to provide planning and design services for completion of the National City Bicycle Master Plan. Said agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 16th day of March 2Q10. on Morrison, Mayor ATTEST: ael R. Dalla,'City Clerk APPROVED AS TO FORM: CD, / J mac. '6r George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on March 16, 2010 by the following vote, to -wit: Ayes: Councilmembers Morrison, Parra, Sotelo-Solis, Van Deventer, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California A o City C erk of fhe City National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2010-35 of the City of National City, California, passed and adopted by the Council of said City on March 16, 2010. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 16, 2010 •ITEM TITLE: AGENDA ITEM NO. 8 Resolution of the City Council of the City of National City authorizing the Mayor to execute an agreement with Alta Planning + Design, Inc. for a not to exceed amount of $50,000 to provide Planning and Design services for completion of the National City Bicycle Master Plan (funded by a TDA/TransNet Bicycle, Pedestrian and Neighborhood Safety Program grant and City General Fund) PREPARED BY: Stephen Manganiello, Traffic Engineer kilt PHONE: 619-336-4382 EXPLANATION: See attached. • DEPARTMENT: Development Services/Eng. APPROVED BY: FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: 296-409-500-598-1012: $35,000 (TDA/TransNet BPNSP grant) 001-409-500-598-1012: $15,000 (City General Fund) ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: X Finance MIS STAFF RECOMMENDATION: Adopt the Resglutio BOARD / COIfEM • S N/A • ATTACHMENTS: Explanation 2. Resolution 3. Agreement qA, oLVtl0fy N0. a010,— OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, California 91950 Michael R. Dalla, CMC - City Clerk 619-336-4228 phone • 619-336-4229 fax March 22, 2010 Mr. Brett Hondorp Alta Planning + Design, Inc. 3920 Conde Street, Suite B San Diego, CA 92110 Dear Mr. Hondorp, On March 16th, 2010, Resolution No. 2010-35 was passed and adopted by the City Council of the City of National City, authorizing execution of an agreement with Alta Planning + Design, Inc. We are enclosing for your records a certified copy of the above Resolution and a fully executed original agreement. Michael R. Dalla, CMC City Clerk Enclosures cc: Engineering Dept.