The URL can be used to link to this page

Home My WebLink About2012 CON KTU&A - Transportation Planning Outreach ServicesAGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND KTU+A THIS AGREEMENT is entered into this 4th day of December, 2012, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and KTU+A, a California corporation (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide transportation planning and public outreach services for implementation of National City's SMART...FOUNDATION (Safe, Multi -modal, Accessible Routes To...transit, work, school, services, and recreation) Plan. WHEREAS, the CITY has determined that the CONSULTANT is a planning and landscape architecture firm specializing in transportation, mobility and land use planning, ADA accessibility. Smart Growth, public outreach, and GIS, 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 agrees to engage the CONSULTANT, and the CONSULTANT agrees to perform the services set forth here in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services shall be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. SCOPE OF SERVICES. The CONSULTANT will perform transportation planning and public outreach services for implementation of National City's SMART...FOUNDATION (Safe, Multi -modal, Accessible Routes To...transit, work, school, services, and recreation) Plan. 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 specified 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 Citv's Standard Agreement —2011 revision 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, City 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. Michael L. Singleton, Principal, Landscape Architect, 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 requested and performed shall not exceed $270,000 (the Base amount) without prior written authorization from the Project Coordinator. 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. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on this 4th day of December, 2012. The duration of this Agreement is for the period of December 4, 2012 through April 3, 2014. 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. 2 City's Standard Agtccmcnt -2011 revision 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, 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 CONTRACTOR. 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 employees 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, unemploy- ment, 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 or the CONSULTANT'S agents, servants, or employees are not 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 CONSULTANT, and that the CONSULTANT'S obligations to the CITY are solely such as are prescribed by this Agreement. 3 City's Standard Agreement —2011 revision 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 SUBCONSULTANT(S), shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 1 1. 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 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 4 C'ity's Standard Agreement -2011 revision 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. 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. The indemnity, defense and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term 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 5 City's Standard Agreement —2011 revision 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 SUBCONSULTANT(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following checked 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"). The policy shall name the CITY and its officers, agents and employees as additional insureds, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of $1,000,000 per occurrence and $2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. The policy shall name the CITY and its officers, agents and employees as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". 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 Toss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years 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. G. Insurance shall be written with only California admitted companies that 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. H. 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 6 Cily's Standard Agreement 2011 revision the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 1. 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. 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, 7 City's Standard Agreement --201I revision 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: Stephen Manganiello City Engineer Engineering Division City of National City 1243 National City Boulevard National City, CA 91950-4301 To CONSULTANT: Michael L. Singleton Principal, Landscape Architect KTU+A 3916 Normal Street San Diego, CA 92103 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. 8 City''s Standard Agreement -2011 revision 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 22 by the CONSULTANT. 23. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720,1720.2, 1720.3, 1720.4, and 1771. Consultant is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 24. 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. 9 C'iry's Standard Agreement -201 ] revision 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. 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. I. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7. J. 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. K. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. L. 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. --- Signature Page to Follow --- 10 City's Standard Agreement -2011 revision IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF IONAL CITY KTU+A B on Morrison Mayor APPROVED AS TO FORM: t �1 C' . is G. Silver City Attorney By: cji, Michael . Si .let Princi..1, Landscape Architect ASLA, AICP-CTP, LEED-AP By: Kurt W. Carlson Principal, Landscape Architect ASLA, CPRS 11 City's Standard Agreement —2011 revision EXHIBIT A SCOPE OF WORK: SCOPE TASKS and PRODUCTS SMART... INC. MULTI -MODAL ACCESSIBLE ROUTES TO.- TRANSIT WOIM. SCHOOL SERVICES. RECREADON FOUNDATION. 1. PROJECT MANAGEMENT AND COORDINATION Task 1.1: Project Initiation •Kick-off meeting with Caltrans staff, finalize scope, and conduct intemal staff project meeting. Meeting summaries will be documented. Task 1.2: RFP for Consultant Services *Complete RFP process for notifying, short listing, interviewing and selecting transportation, planning and public input consultant. Task 1.3: Staff Coordination •Monthly interdepartmental face-to-face meetings with consultants and the City staff project manager will be conducted to ensure clear communications and to assure the project remains on time and within budget. These meetings will include the review of monthly progress reports. Caltrans staff will be informed of the meetings. Task 1.4: Quarterly Reports *City staff will submit quarterly reports to Caltrans District staff providing a summary of project progress and grant/local match expenditures. Task 1.5: Project Wrap-up Reporting and Actions •Once the project is complete, the City of National City will submit and present the findings of the report to SANDAG and Caltrans District 1 l and will make available the results of the study and its process, available on a website (see also Task 6.6). Task 1.6: Management and Staffing of the Steering Committee •City staff will organize, conduct and summarize the Steering Committee intended to direct the consultant's efforts. Additional members of the public will be considered for the Committee. 2.0 EXISTING CONDITIONS Task 2.1: Existing Planned Goals •Utilize prior and existing planning efforts, such as the General Plan, Specific Plans, Bicycle Master Plan, Circulation Element, ADA Study and Safe Routes to School Programs, and synthesize a Task Deliverable Documentation 1.1 Project initiation Meeting summary 1.2 Consultant selection Contract 1.3 Monthly staff coordination Monthly meeting summary notes, progress reports and invoices 7.4 Quarterly Reports Quarterly progress reports and invoices 1.5 Project Wrap-up Report and Actions Final digital files, website postings and presentation materials 1.6 Management and Staffing of the Steering Committee Agendas and meeting minutes Smart Foundation Scope of Work 1 comprehensive set of goals and policies to build the "Foundation" to achieve multiple goals in an integrated way, including local and regional land use goals. Task 2.2: Summarize State Mandates and Previous Efforts for Conformance •Summarize state mandates such as AB 32 Global Solutions Act, SB 97 CEQA Directives for GHG. SB 375 Redesigning Communities for GHG Reductions, and AB 1358 Complete Streets and translate them into an action plan. *City staff will provide a summary of the efforts made to date in the implementation of these mandates. The discussion will be mostly limited to transportation related policies and implemented actions. Task 2.3: Review and Add to Goals and Objectives •The City of National City will identify and appoint a Steering Committee to guide the overall project process. City staff will coordinate, conduct and document these meetings. The primary focus will be for initial directions and review of the plan work products. •The consultant will summarize existing goals identified to date and will add some additional vision statements, objectives and other goals. .The consultant will work with city staff and the steering committee to refine the project vision, goals, objectives and implementing strategies for the project. Task 2.4: Existing Conditions Mapping •Circulation Mapping: An updated base map and aerial ortho-photo map will be prepared and verified with City engineering staff to determine road classifications, ADTs, posted speed, observed speed, overall widths, capacity and lane geometry. •Bike Facilities Mapping: Utilizing the recently adopted Bikeway Master Plan, summarize the existing and proposed facilities as well as prioritized capital projects related to implementing the plan. •Land Use Mapping: Existing land uses throughout the City will be mapped and then compared with proposed land use maps to determine where probable growth will be occurring. An overlay of specific plan areas and smart growth boundaries will be prepared as well. Task 2.5: Walking Facility Inventory •Pedestrian Facilities Mapping: Inventory and map existing, planned and proposed walkways into categories of village, district, corridor, neighborhood and connector walkway systems. Mapping will include missing walkway systems as well. This effort will require a substantial amount of fieldwork in order to spot check existing CAD, GIS and aerial mapping that can be done remotely. Task 2.6: Walking Facility Analysis •Pedestrian Barrier Mapping: A computer model of barriers to pedestrian mobility will be prepared including rail lines, trolley lines, water bodies, freeways, limited access roads, steep slopes, major arterials and large land ownership blocks with no public access. •Pedestrian Attractor Mapping: A computer model of existing employment centers, mixed land uses, public buildings, public spaces, schools, transit stops, parks, commercial centers, grocery stores and other important public -use facilities will be mapped. Each of the destination points or attractors will be analyzed with walking distance zones utilizing the existing walkway network. A 5. 10 and 15 minute walking time will be used to determine the area that can be covered by a pedestrian, assuming an average speed and average wait times at intersections. •Pedestrian Generator Mapping: A computer model of existing population densities, housing units per acre, and other census demographic and socioeconomic data will be used to determine the areas of the city most likely to contribute to generating pedestrian traffic. A 5, 10 and 15 minute Smart Foundation Scope of Work 2 walking time will be used to determine the area that can be covered by a pedestrian, assuming an average speed and average wait times at intersections. These distances will be from the centroid of census blocks, Master Geographic Resource Units or traffic zones or other standard units or block configurations for the area. •Pedestrian Composite Mapping: A composite layer will be created for areas where existing generators and attractors are within walking distances of each other. These will be classified as existing walking zones. The facilities mapping and barrier mapping will also be overlaid to determine where existing facilities are adequate and where barriers will need to be addressed. •Pedestrian and Bike Collision and Safety Data: The California DOT SWITERs database will be utilized to document and map the collisions that have occurred over the past 5 years. The data will be queried for all bike -to -vehicle, bike -to -bike, bike -to -pedestrian, pedestrian -to -vehicle collisions. The locations of these collisions will be mapped and the conditions or causes will also be put into the GIS database. Task Deliverable Documentation 2.1 Planned Goal Summary Lists of existing visions goals & objectives 2 2 Summarize State Mandates and Efforts for Conformance Summary of mandates and previous conformance efforts 2.3 Review and Add to Goals and Objectives Refined and prioritized lists of visions, goals & objectives 2.4 Existing Conditions Mapping GIS files and hardcopy maps showing the circulation system, bike facilities system, and current land uses 2.5 Walking Facility Inventory Field inventory maps with walkway classifications and major deficiencies noted 2.6 Walking Facility Analysis Various maps, tables and text descriptions denoting the barriers, attractors, generators and safety maps along with a composite map showing areas where walking is currently likely 3.0 PUBLIC INPUT Task 3.1: Identify Primary Stakeholders •The preliminary consideration is that four primary stakeholder groups are the ones most likely to utilize walking, bicycling and transit systems. The focus on these groups will likely return the greatest results. *Public participation will be focused on four stakeholder groups — seniors and retirees, Hispanics, parents of children who walk and/or bike to school and young professionals — who are traditionally under -represented and underserved. •Public outreach will also be conducted for the broader community beyond the four identified focus stakeholder groups. Community awareness and involvement of general public are critical components of the planning process. Task 3.2: Develop Public Input Strategy Plan •Though this section denotes a foundation for public input, further analysis of user groups and stakeholders will require the customization of the public input strategy plan. As a starting point, the public input process will be interactive to insure stakeholder groups and the general public that the process is one in which their input is sought and will be considered. The process will not be one where suggestions and actions are preconceived. The input will truly reflect the suggestions of the public. •Time will not be spent on strategizing pre -conceived results or certain objectives. The results and priorities will come from the community. This dedication to the process will assure that Smart Foundation Scope of Work 3 proposed changes in the future will actually result in increased reliance on walking, bicycling and transit use. •Notification of meetings will be distributed to all National City residents and local business owners. *All workshops will include some form of public input such as: questionnaires, comment cards, vote -by dot, sticky notes, table top exercises, prioritization listings, computer / handheld on - the fly voting, open microphone, and question and answer sessions. •AII workshops will include a large aerial photo plot with street names. This plot will be screened back in order to accept written notes, highlighting or the placement of dots that denote areas where people walk and areas where specific problems of access, connectivity and safety currently exists. Task 3.3: Conduct Senior Focus Workshops •Seniors and retirees will be reached through existing or new Health Fairs held in partnership with Paradise Valley Hospital, San Ysidro Health Center and/or La Maestra Family Center. •Three workshops seeking input will be held at the Kimble & Morgan Towers Senior Center and Paradise Village Senior Community. Task 3.4: Conduct Hispanic Focus Workshops •Hispanic and primarily Spanish-speaking outreach will be through churches, companies with large numbers of Hispanic employees and Spanish -language media. A bilingual presenter will be available for translation at public events. •Flyers and posters in English and Spanish will be placed in prominent locations such as Community Parks, public libraries, large commercial centers (e.g. Walmart, Food 4 Less) and other places that attract large numbers of people. •Three workshops will be conducted at neighborhood facilities located in areas that show predominantly Hispanic home -ownership or have significant Hispanic renters. Task 3.5: Conduct Parent / Child Focus Workshops •Parents of children who walk and/or bike to school will be consulted through surveys and educational pamphlets, after -school Safety Fairs, and presentations at PTA / school -site meetings. •A workshop will be held at the local Boys & Girls Club. •Three additional workshops will be conducted in separate geographic centers of the City utilizing local schools for the location of the workshops. Task 3.6: Conduct Young Professional Focus Workshops •Facebook, Twitter and a phone application will be utilized to reach young professionals and the general public as well. •Additional outreach to the general public will be through National City's Neighborhood Councils, the National City Collaborative Family Resource Center, an interactive web link, editorials, articles, media events and local community events such as the Taste of National City, Relay for Life and Public Safety Fair. Business association presentations will be made to the National City Chamber of Commerce and through partnerships with local service organizations such as the National City Kiwanis and Lions Clubs. •Local health clubs, YMCA's and other community gymnasiums and centers will have workshop flyers and postings. •Conduct one workshop at Kimball Park or City Hall. Smart Foundation Scope of Work 4 Task 3.7: Conduct Community Wide Workshops •Three workshops will be conducted in separate geographic centers of the City. They will be held at facilities at Kimball Park, Las Palmas Park, and El Toyon Park. One workshop will be on a Wednesday evening, one workshop on a Thursday evening, and the last workshop will be on a Saturday morning. These days and times have proven successful in past outreach efforts. Task 3.8: Create and Manage Website Elements •Care will be given to make sure that there is not an over -reliance on digital media to solicit and distribute information. However, this method will not be overlooked. A project website will be built and administered at least monthly. Electronic questionnaires, flyers, workshop notices, workshop results, as well as other work products will be posted for downloading. Task Deliverable Documentation 3.1 Identify Primary Stakeholders List and contact information on stakeholders with lists of the best way to engage 3.2 Develop Public Input Strategy Plan Report on workshop dates, locations, focus, exercises, intended results and methodologies 3.3 Conduct Senior Focus Workshops Materials for three workshops including flyers, presentation materials, tabletop exercises and poster comment boards. Will include summarized results. 3.4 Conduct Hispanic Focus Workshops Materials for three workshops including flyers, presentation materials, tabletop exercises and poster comment boards. Will include summarized results. All will be in Spanish. 3.5 Conduct Parent / Child Focus Workshops Materials for four workshops including flyers, presentation materials tabletop exercises and poster comment boards. Will include summarized results. 3.6 Conduct Young Professional Focus � and ucops Materials for one workshop including flyers, presentation materials, tabletop exercises and poster comment boards. Will include summarized results. 3.7 Conduct Community Wide Workshops Materials for three workshops including flyers, presentation materials, tabletop exercises and poster comment boards. Will include summarized results. 3.8 Create and Manage Website Elements Electronic questionnaires, flyers, workshop notices, workshop results with links as well as other work products will be posted for downloading and updated regularly. 4.0 FUTURE CONDITIONS Task 4.1: Compile Future Plans •Data Collection: Several documents will be reviewed including all specific plans, master plans, redevelopment plans and all elements of the General Plan and Capital Improvement Plans. Areas where future changes are likely will be identified by parcel. Any other planning effort that has resulted in recommended facilities, projects or land use changes will be documented and previous prioritization efforts will be incorporated. •Land Use Mapping: The Proposed Land Use layers of the General Plan will be mapped and compared with existing land uses. Another method for determining likely future changes is the overlay of existing land uses and densities on top of zoning. Where substantial difference exists, these areas will be noted as potential future changes. *Population Mapping: SANDAG-based Smart Growth areas and its most recent boundary files will used in addition to future population projections developed by SANDAG will be used in predicting where growth is likely to occur. •The proposed densities of these areas will be categorized into those that are supportive of walking, cycling and transit and those that are not. Smart Foundation Scope of Work 5 Task 4.2: Identify Future Initiatives •Review Documents: General and specific policies that affect future growth will be identified and reviewed for portions that deal with non -vehicular active transportation, walkable communities and transit supportive development or smart growth. Task 4.3: Project Future Conditions through Computer Modeling *Computer Modeling: Future population areas will be modeled for walking and cycling distances using 5, 10 and 15-minute walking distances. Where existing walking facilities and roadways exist, the modeling will assume these will be used. In other areas where the walking network does not exist, standard radius circles of mile,'/2 mile and 1 mile will be used. Distances of 1 mile, 3 miles and 5 miles will be used for cycling. *Utilization of Existing Attractor Elements: The polygons of walking and cycling distances will be overlaid on existing public facilities, parks, transit facilities, services, schools and retail outlets to determine if they are adequately being served with existing facilities within walking and cycling distances. Future transit facilities will be mapped. •Likely Future Attractor Elements: Based on General Plan proposed land uses and mapping efforts of previous tasks, a determination will be made on where future attractors are likely to be. Distance zones from these attractors will be mapped. Project prioritization from previous planning efforts and Capitol Improvement Plans will be carried forward to be included in model prioritization. Task 4.4: Opportunities for Synergy and Collaboration *Analysis: Future smart growth areas and results from the modeling listed above, will lead to a discussion on where public improvements can help to close the gap on existing walking and cycling facilities that can provide essential links between future population centers of moderate to high density and existing or proposed attractors such as schools, parks, employment centers, community facilities, public buildings and transit facilities. Task Deliverable Documentation 4.1 Compile Future Plans Maps showing areas of likely land use change /growth 4.2 Identify Future Initiatives Summary of future project goals and initiatives for walking/ cycling / transit use and smart growth 4.3 Project Future Conditions Future population walking/cycling zone maps. Maps showing future walking/cycling zones that are serviced by existing attractors. Future development areas with attractor elements that may be built 4.4 Opportunities for Synergy/Collaboration List and maps showing opportunity areas for synergy between land use, transportation & future population densities 5.0 SOLUTIONS AND RECOMMENDATIONS Task 5.1: Pedestrian Priority Areas •Computer Modeling: A composite map will be made of all existing attractors, detractors and generators as well as all future population densities, land use and projects. Safety factors resulting from the review of the collision data will also be worked into the model under the detractors. •Model Scoring: A composite score of pedestrian priority will be developed. Since the model will be a raster -based model, each pixel will represent an acre and will contain a composite score of its overall importance. •Priority Area Mapping: Groupings of linear corridors or nodes will be identified where overall high scores can be clustered together. These will be areas where improvements are Smart Foundation Scope of Work 6 considered to be a top priority and the top 20 sites in the city will be identified for further review. Task 5.2: Priority Area Fieldwork •Site Visits: These top 20 areas of the city will have additional fieldwork completed. The fieldwork will look at connectivity, safety, accessibility and walkability factors. Attention to access to transit, schools, employment, public facilities and services will the focus of this fieldwork. Gaps, poor walking facility conditions, safety concerns, street crossings, street traffic conditions and ADA access issues will be highlighted. *Mapping: These top 20 areas will have the conditions mapped and each will become a potential project priority area. Task 5.3: Specific Priority Area Solutions *Safety Countermeasures: For those areas with a high incidence of collisions or where particular safety concerns are noted, safety countermeasures will be developed. These measures may include traffic calming, road diets, traffic control, bulb -outs, median refuges, marked crossings, countdown pedestrian timers, warning signage, improved lighting conditions, mid - block crossings, and other pedestrian safety improvements. •ADA Improvements: ADA, California Title 24 and regional standards for accessibility will be noted and conformance issues will be categorized into highly out of conformance / unsafe, generally out of conformance, mostly conforming and fully conforming. •Connectivity Improvements: Where missing facilities or gaps are identified, the necessary infill walking facility requirements will be noted. For areas where an out -of -direction distance that is very inconvenient or time consuming is noted, possible barrier removals and improvements will be noted. •Walkability Improvements: Walkability is more of a perceptual and qualitative requirement. Harsh conditions, missing shade, windy area, lack of lighting, lack of amenities, buffers between vehicles and the walking environment and adjacent land uses will all be noted. General guidelines for the improvement of walkability will be prepared and specific recommendation made for each problem area. Task 5.4: Vetting of Priority Areas and Their Solutions *Workshops: Each of the four focus stakeholder groups identified in earlier tasks will be provided with one workshop specific to priority areas and solutions. The intent of the workshop will be to show the priority areas, identify the issues that we observed in these areas and to present the solutions to these issues. Workshop input will include the identification of other issues that meeting attendees may know about, the prioritization of the issues identified and the agreement on the solutions that make sense for the issue. Task 5.5: Initial General Costs •Project Refinement: Preliminary plans for the top 20 project areas will be refined and updated based on public input. •Initial Project Costs: Using City staff approved unit costs, the estimated construction costs will be developed with agreed upon contingency costs and soft costs included. Task 5.6: Phasing and Implementation Plans *Phasing Plans: Utilizing public input, an overall prioritized phasing plan will be developed. •Future Project Requirements: For future discretionary projects located in or near the project priority areas, the potential for requiring the development to add these near site facilities will be explored. Redevelopment funds and other facility benefit assessment districts will also be looked at for funding these projects. For future capital projects, these improvements will take place in the public right of way and will not necessarily require adjacent development Smart Foundation Scope of Work 7 funding or coordination. Where possible, leveraging private investments in coordination with the public investments should be pursued. •Funding Sources: A variety of federal, state, regional and local grants and funding sources do exist for safety improvements and the expansion of walkability. Safe Routes to School programs, bike facility funding through programs such as BTA, Smart Growth grants, and TransNet Pedestrian, Bike and Transit programs are all likely sources to be investigated. Task Deliverable Documentation 5.1 Pedestrian Priority Areas A documented process for producing the maps as well as the prioritized pedestrian area maps themselves. Tabular data will also be provided that quantifies the scoring and size of these areas. 5,2 Priority Area Fieldwork Field maps and notes showing improvement elements 5.3 Specific Priority Area Solutions Project area improvement maps showing possible safety, connectivity, accessibility and walkability improvements. 5.4 Vetting of Priority Areas and Solutions Workshop maps showing priority areas and the overall process used to identify priority areas. Specific project area blow-up maps for public comment with documented input. 5.5 Initial General Costs of Solutions Spreadsheets showing unit costs and quantities 5.6 Phasing Plans and Priorities Overall phasing map. Tables showing possible funding sources. Adjacent developments that may be conditioned with these improvements will also be mapped. 6.0 PLAN SUBMITTALS, PRESENTATIONS AND APPROVALS Task 6.1: Prepare & Present Draft Plan •Outline Development and Approval: A detailed outline will be submitted for approval by City staff and the Steering Committee. •Document Writing: The outline will be populated with text and submitted for approval by City staff and the Steering Committee. •Document Layout: InDesign Layouts will be used with integrated photos, tables, figures, diagrams and maps. The template layout will be submitted for approval by city staff. *Quality Control: The draft plan will be reviewed for quality control by the consultant prior to being submitted. *Develop Presentation Materials: An overview presentation will be created that will include project objectives, public input, existing conditions, future conditions, priority mapping, priority areas, projects and prioritized input from the public including phasing and costs. •Present and Collect Input: The draft plan will be presented to the Steering Committee then to each of the four focus groups and the general public for additional input. Task 6.2: Review, Refine Draft Plan and Submit Pre -final Plan *Staff Review of Draft Plan: City staff will review the plan and provide written comments. •Staff and Consultant Review Comment Meeting: A meeting will be conducted to review the comments face to face and to work out specific direction on the next submittal. *Plan Revisions: The plan will be adjusted based on Steering Committee and City staff input. *Plan Refinements: Refinements to the maps, tables, text and layouts will be made. *Plan Production: Refinements to the maps, tables, text and layouts will be made. *Quality Control: The pre -final plan will be reviewed prior to submittal by the consultant. Task 6.3: Present Pre -final Plan to Approval Bodies •Revise Draft Presentation: A revised presentation will be prepared. Smart Foundation Scope of Work 8 •Present to Traffic Safety Committee / Park and Recreation Advisory Board: The City of National City's Traffic Safety Committee and Park and Recreation Advisory Board will receive a presentation and a copy of the Pre -final Plan. *Present to Planning Commission: One presentation will be made to the Planning Commission as part of an open workshop. This will be an information item only. * Present to City Council: One presentation will be made to the City Council as an open workshop informational item. Task 6.4: Revise and Submit Final Plan *Staff Review of the Plan: City staff will make comments on the Pre -final Plan. *Staff Meeting to Review Comments: A face-to-face meeting with City staff and the consultant will be conducted to review comments, including those from the Planning Commission and City Council. * Final Plan Production: Based on comments, a final plan will be produced for adoption. Task 6.5: Final Approval Process •Present Plan to Planning Commission: A final plan will be presented to the Planning Commission for review of their previous comments and any additional input. •Present Plan to City Council: A final plan will be presented to the City Council for their adoption. Task 6.6: Post Final Product Dissemination of Information • Final Presentation Materials: The final presentation materials will be turned over to City staff, to SANDAG and to Caltrans. The final presentation will also be posted on the project website. *Applicability to Other City Discussion: An appendix will be written to show how the processes used can be replicated by other cities and how the project recommendations may also be of some use for cities in the region considering similar plans. • Presentation to SANDAG / Caltrans Committees: A presentation will be given to the appropriate committees and/or meetings of SANDAG with Caltrans in attendance. *Presentation to San Diego Professional Organizations: Presentations may be offered to the local professional societies in the San Diego area that have a high interest in the project. Some example organizations include: APA, ASCE, APWA and ITE. •Presentation to Non-profit Advocacy Organizations: Presentations may be offered to local non- profit advocacy groups in the San Diego area that have a high interest in the project. Some example organizations include: WalkSanDiego, San Diego County Bike Coalition and Move San Diego. •Presentation to County Health and Human Services: A presentation will be offered to the County Health and Human Services or other Countywide Health Coalitions. Task Deliverable Documentation 6.1 Prepare Draft Plan Draft document with 25 copies 6 2 Review, Refine and Revise Draft and Submit Pre -final Plan Pre -final document with 25 copies 6.3 Present Pre -final Plan to Approval Bodies Presentation 6.4 Revise and Submit Final Plan Final document with 25 copies 6.5 Final Approval Process Final presentation 6.6 Post Final Product Dissemination CDs with all native files and pdf versions ofthe final document. Includes all GIS files as well. These same files will be on the project website for downloading. Smart Foundation Scope of Work 9 Submitted to: .- aAU►0/NIA - NATIONAL CITY �.COSlO6M� Submitted by: Submitted for: SMART...0DM U SAFE, MULTI-»oON..&C1,55,aLROMST_,0.44S,,0a,. SEkVICI=. .10. FOUNDATION !' F Task Number OINID J F M A M J J A S 0 N D Deliverable PHASE 1: PROJECT MANAGEMENT AND COORDINATION PHASE National Ci Tasks startin! October 2012) 1.1 Proect Initiation NC - �■■........■ Master schedule 1.2 RFP for Consultant Services (NC) -■■■■■■■■■■■■ •- . uest for Pro. .sal 1.3 Staff Coordination / Review for Full Pro' NC) - ■ . ■ I ■ ■ ■ ■. Meetin ! minutes and decision .. s 1.4 Quarterly Reports / Overall Administration NC) _�■�.■■■®Quailed re.iris, s.readsheetsand invoices 1.5 Proect Wra. u. Re,.rtin. and Actions (NC -■■■■■■■■■■■■ Final di. Rai files, website postin•s and presentation materials 1.6 2.1 Management / Staff Time for Steering Comm. Existin. Planned Goals -: ■■■■■■■.■■ Steering Committee agendas and meeting minutes ision, .oals and obectives lists 2.2 Summarize State Mandates & Previous Efforts ■ _'■.■■■■■■■■ Summa of State mandates &ci efforts 2.3 Review and Add to Goals and Objectives ■ ■■■■■■■■■■ Final vision, .oals and obectives lists 2.4 Existing Conditions Mapping ■ ■■■■■■■■ GIS ma is for circulation, bikes and land uses 2.5 Walking Facility Inventory ■.■ ■■■■■■■■ erified walkin. conditions, .a. and fieldwork 2.6 3.1 Walking Facility Analysis Identify Primary Stakeholders -■■■ •. ••••• •• GIS maps for attractors, generators, barners & safety List of contacts for stakeholders 3.2 Develop Public Input Strategy Plan ■ .......... Public in.ut strat-! dan with dates, ob'ectives & strat-.ies 3.3 Conduct Senior Focus Workshops ■■ . . ■■■.■ Workshoi fi ers, materials and results 3.4 Conduct Hispanic Focus Workshops -■■ . . ■■■■■ Workshoi fl ers, materials and results 3.5 Conduct Parent / Child Focus Workshops -■■ . . .■■■■ Workshoi fl ers, materials and results 3.6 Conduct Young Professional Focus Workshop -■■■■ ■ ■■■■■ orksho. fi ers, materials and results 3.7 Conduct Community Wide Workshops -■.■ ■ . ■■■■ orkshoi fi ers, materials and results 3.8 Create and Manage Website Elements ■ Workshop with links, announcements, results, and products 4.1 Com.ile Future Plans -.■ ■■■■■■■■■Maps offuture land use, ..pulations&areas of.robableelan es 4.2 Identify Future Initiatives -■■■ ■■■■■■■■Summa of future •rowthinitiatives and .'fides 4.3 Project Future Conditions ■■■■ ■■■■■■■ Com.uter models for welkin. zones, existin. & future attractors 4.4 Opportunities for Synergy/Collaboration -■■■■■ •••• Maps showing how waIkingikingdransil can support development PHASE 5: SOI.UTIONS AND RECOMMENDATIONS 5.1 Pedestrian Priority Areas -■■■■■ ■■■■■■ Composite GIS maps po showing ng areas 5.2 Priori Area Fieldwork ty -■■■■■■ ■■■■■ issues inpriority Feld work ma is showing existing issues in top 20 areas 5.3 Specific Priority Area Solutions ■■■.■■■ ■■■ Safety, connectivity, ADA and walkability ideas for top 20 areas 5.4 etting of Priority Areas and Solutions -■■■■■■■■ ■■■ Presentation of priorities and solutions 5.5 Initial General Costs of Solutions -■■■■■■■■ ■■■ Spreadsheets showing probable improvement project costs 5.6 Phasing Plans & Implementation Plans ■■■■■■■■ ■■■ Phasing plan and prioritized pro)ect lists PHASE 6: PLAN SUBMITTALS, PRESENTATIONS AND APPROVALS 6.1 Prepare Draft Plan -■■■■■■■ •U 25 copies ef a draft plan 6.2 Review, Refine & Revise and Submit Pre -final -■■■■■■.■■ ■■ 25 copies of a pre -final plan 6.3 Present Pre -final Plan to Approval Bodies ■.■■■■■■■■ ■ Presentation materials for the pre -final plan 6.4 Revise and Submit Final Plan ■■■■■■■■■■ ■■■■.■■■.■■ ■ 25 copies of a final plan Final presentation materials 6.5 6.6 Final Approval Process Post Final Product Dissemination -■.■■■■■■■■ CDs of all project materials, website finals & special presentations National City SMART... FOUNDATION Plan 6 PRINCIPALS Sharon Singleton, ASLA, CPSM Sandra Swaner-Carmona, AICP Kurt Carlson, ASLA Mike Singleton, ASLA, AICP, LEED-AP EMPLOYEES - 32 9 Landscape Architects (3 LEED) 10 Planners 4 Landscape Designers 2 Irrigation Designers 3 GIS Analysts 1 Graphk Designer 3 Administrators CERTIFICATIONS Woman Business Enterprise (CPUC) Small Business Enterprise (CA) SERVICES Planning • Community Planning • Mobility • Resource Management Landscape Architecture • Community Design • Parks and Recreation • Health Care • Education • Housing • Hospitality • Office and Retail Federal Planning • Master Plans • MILCON Documentation • Basic Facility Requirements • Asset Evaluations • Capital Improvement Plans • Design Guidelines • Special Studies SUPPORT SERVICES • Public Outreach • GIS • 3D Modeling and Simulations • Sustainable Design • Water Management • Grant Writing Established in 1970, KTU+A is a planning and landscape architecture firm whose commitment to balancing human activities with the elements of nature has resulted in award -winning, creative and sustainable projects throughout our community and the southwest. In September 2010, KTU+A was named a Silver level Bicycle Friendly Business by the League of American Bicyclists. The trends towards higher energy costs, lower oil production and more sustainable economic growth necessitate the need to provide better transportation and land use plans that emphasize human mobility as part of the solution. Whether this is achieved through principles of smart growth, traffic calming, universal access, or pedestrian and bike facility integration with vehicular streets and open spaces, the technical challenges must be met. Our streets are not just for motorists, they should be complete streets for the entire community. KTU+A offers a proven track record of cost-effective, technically proficient and creative approaches towards mobility that connects people, places and resources. Project Experience KTU+A has provided planning and design services for a number of projects requiring the integration of various modes of transportation, including pedestrian, bicycle and transit. Services have included alignment alternatives; design feasibility; evaluation of safety aspects; determination of appropriate land uses; development of design guidelines; integration with recreational, residential and commercial land uses; analy- sis and identification of bikeway and walkway locations; and ADA accessibility. Our qualifications include: • All plans prepared by KTU+A comply with State, Federal Highway Administration, AASHTO and MUTCD standards. • Experience in researching and recommending innovative facility treatments and programs for specific issues. • GIS computer applications for producing alignment analysis, pedestrian and bicycle suitability modeling, maps, route selection, graphic production, estimating and 3-D visualizations. • Expertise in pedestrian and bikeway planning and commitment to the integration of recreation, land use planning, community design, urban design and non -motor- ized alternatives. • Understanding and experience in the linking of land use planning, development and multi -modal transportation options. • Extensive research on pedestrian and bicycle safety factors and common accident scenarios. • Professional experience with the integration of trails systems within environmen- tally and visually sensitive areas. Current And Completed Projects • City of Ontario Holt Boulevard Complete Streets Plan • Port of San Diego Harbor Drive Bayshore Bikeway • City of National City 8th Street Corridor Smart Growth Plan • City of Lemon Grove Main Street Promenade Smart Growth Plan • City of San Diego Greater North Park Community Plan Update • City of La Mesa Bicycle and Complete Streets Master Plan • City of Dana Point Pedestrian Connectivity Study • City of San Diego Pedestrian Master Plan, Phases 1 and 4 • City of San Clemente Bicycle and Pedestrian Master Plan • City of Oceanside Bicycle and Pedestrian Master Plan • University of California San Diego Bicycle and Pedestrian Master Plan • City of Carlsbad ADA Transition Plan • City of Chula Vista Bicycle Master Plan • City of Coronado Bicycle Master Plan • Market Creek Village Community Outreach Program National City SMART... FOUNDATION Plan 23 KTU+A PLANNING & LANDSCAPE DESIGN ARCHITECTURE INC. 11 /26/2012 Hire Date PRINCIPALS Carlson, Kurt Singleton, Mike Singleton, Sharon Swaner, Sandra 2010 Billing Rate $165 2012 Billing Rate $165 Expert Witness Rate' $330 $165 $165 $330 $165 $165 $330 $165 $165 $330 SENIOR ASSOCIATES Blatner, Cheri Cailing, Susan Carpenter, Mark Everling, Bernard Holloway, John Leonard, Dave Taylor, John $135 $135 $270 $135 $135 $270 $135 $135 $270 $135 $135 $270 $135 $135 $270 $135 $135 $270 $135 $135 $270 ASSOCIATES An, Jenny Efird, Robert Henderson, Tim Henning, Emily Jacobsen, Darren Johnston, Michael Pietz, Brooke Punsalan, Joe $115 $115 $115 $115 $115 $115 $115 $115 $115 $115 $115 $115 $115 $115 $115 $115 SENIOR DESIGNERS / SENIOR PLANNERS Bosch, Bryan Davis, Tasha Jessop, Roarke $105 $105 $105 $105 $105 $105 Machi, Catrine $105 $105 DESIGNERS / PLANNERS Richardson, Craig $95 $95 Wilkins, Matt $95 $95 ADMINISTRATION Swaner, Wendy $75 $75 Expert Witness applies to: Principal, Sr,. Associate Licensed Landscape Architects. Rates will be doubled than regular rates. This would be if we are deposed, prepare a special report for litigation, or have to offer testimony or practice on testimony. ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 11/28/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Cavignac & Associates 450 3 Street, Suite 1800 San Diego, CA 92101-8005 License No. 0A99520 INSURED K T U + A, Inc. 3916 Normal Street San Diego, CA 92103 United States CONTACT NAME: Department PHONE 619-234-6848 PHONE E EzU: E-MAIL ADDRESS:Certificates@cavignac.com PRODUCER CUSTOMER ID KTU&A-1 FAX (A/X, Nol:619-234-B601 INSURER(S) AFFORDING COVERAGE NAIC # INSURERA:TRAVFTFRS PROP C'A4 CO OF AMPP 25674 INSURER B: XL SPECIALTY INS CO 37885 INSURER C : INSURER D : INSURER E : INSURER F COVERAGES CERTIFICATE NUMBER: 204273 REVISION NUMBER: 204353 THIS IS TO CERTIFY THAT 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 ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED 8Y PAID CLAIMS. INTRR TYPE OF INSURANCE INDDL SUBR SR WVD POLICY NUMBER POLICY EFF POLICY EXPL (MOLIC/YEFF ( OEYY) LIMITS GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY X OCCUR X 6801C93201A 9/1/2012 9/1/2013 EACH OCCURRENCE $ 1,000,000 PRPREMISES ((SEa occurrence) RENTED $ 300, 000 I CLAIMS -MADE MED EXP Any one person) $ 10 , 000 X X GEN'L Contractual Liability PERSONAL &ADV INJURY $ 1,000,000 Separation of Insureds GENERAL AGGREGATE $ 2,000, 000 AGGREGATE LIMIT APPLIES PER: POLICY: X V LOC PRODUCTS - COMP/OP AGG $ 2, 000, 000 Deductible $ 0 A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS No Company Owned Autos X 6801C93201A 9/1/2012 9/1/2013 COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) BODILY INJURY (Per person) $ -- X BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) X $ X $ A X X UMBRELLA LIAB EXCESS LIAB DEDUCTIBLE RETENTION $ X OCCUR CLAIMS -MADE S0 CUPOC: C935653 9/1/2012 9/1/2C13 EACH OCCURRENCE AGGREGATE $ 3,000,000 $ 3,000,000 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNERJEXECUTIVE OFFICER'MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS Y / N N/A. X U137109Yo6Y 9/1/2012 9/1/2013 X WC STATU- OTH- IORY LIMITS ER E. L. EACH ACCIDENT $ 1, 000,000 E.L. DISEASE - EA EMPLOYEE $ 1, 000, 000 below E.L. DISEASE - POLICY LIMIT $ 1,000,000 B Professional Liability DPR9700947 9/1/2012 9/1/2013 Ea Claim & Aggreg $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) Re: National City Smart Foundation. Additional Insured coverage applies to General and Automobile Liability for City cf National City, its elected officials, off-:cers, agents, and employees per policy farm. Waiver of subrogation applies to Workers Compensation per policy form. Prof. Liab. - Claims made, defense costs included within limit. CERTIFICATE HOLDER CANCELLATION City of National City 1243 National City Boulevard National City, CA 91950 United States SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Dorothy Amundson ACORD 25 (2009/09) © 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 2 of 4 EXIGIS - CAVIGNAC & ASSOCIATES 204353 POLICY NUMBER: 6801C93201A COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section II): Any person or organization that you agree in a "contract or agreement requiring insurance" to include as 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 the additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this Coverage Part. e. This insurance does not apply to the rendering of or failure to render any "professional services". f. 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 stated in the LIMITS OF INSURANCE (Section III) 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 the insurance provided to an 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 CG D3 81 09 07 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". 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 insured when the insured is an additional insured under any other insurance. 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 any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insurance" with such person or organization 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 a person or organization 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. © 2007 The Travelers Companies, Inc. Includes copyrighted material of Insurance Services Office, Inc.. with its permission. Page 1 of 1 Page 3 of 4 CITY OF NATIONAL CITY BUSINESS LICENSE APPLICATION 1243 NATIONAL COY BLVD, NATIONAL CITY, CA 91950 PLEASE TYPE OR PRINT. LICENSE WILL NOT BE ISSUED IF REQUIRED INFORMATION IS INCOMPLETE. ENCLOSE PAYMENT WITH APPLICATION. MAKE CHECKS PAYABLE TO THE CITY OF NATIONAL CITY. A. GENERAL INFORMATION BUSINESS NAME (D.BA OR INDIVIDUAL NAME) KTU+A LOCAL BUSINESS PHONE 619-294-4477 CORPORATE NAME (IF DIFFERENT FROM D.BA) KTU+A L NL1MBER DIR STREET NAME ROOM/SUITE NO. NUMBER 391E DIR STREET NAME Nome&SI ROOM/SUITE NO. p.o. BOX NO, CITY San Diego STATE CA ZIP CODE B2103 PHONE NUMBER AT MAILING ADDRESS. INCLUDE AREA CODE 619-294-4477 CASHIER'S COPY D. TRANSACTION TYPE - CHECK AND COMPLETE IF APPUCA BUS # LIC # ALL LICENSES EXPIRE DECEMBER 31 RENEWALS ARE DUE BY FEBRUARY 28 gitycl National City BUSINESS LICENSE DWIS!ON (619) 336-4330 TAXES $ MISC $ PENALTY $ TOTAL $ D NEW BUSINESS IN NATIONAL CITY: BUSINESS WILL OPEN/OPENED ON: j1 OWNERSHIP CHANGE: PREVIOUS BUSINESS NAME: N CHECK ONE: A. 0 WHOLESALE B. 0 RETAIL C. D SERVICE D. ❑ RENTAL UNITS, # OF UNITS _ E. ❑ MANUFACRIRING F. 0 CONTRACTOR STATE LICENSE #/ HEALTH PERMIT/ ABC #/ DRIVERS UC. 4 N/A STATE RESALE 4 N/A FEDERAL ID #/ SOCIAL SEC. # 95-2750597 DESCRIBE BUSINESS FULLY— INO.UDE PRINCIPAL PRODUCT OR SERVICE Landscape Architecture end Planning Finn (Consulant to Engineering Department) NUMBER OF BUSINESS VEHICLES OPERATING IN NATIONAL CITY WITH YOUR COMPANY ADVERTISING (LOGO) ON THEM OWNERSHIP INFORMATION CHECK ONE: 1. D SINGLE PROPRIETORSHIP 2. 0 PARTNERSHIP C,CORPORATION LIST OWNER/PARTNERS/CORPORATE OFFICERS LAST NAME FIRST NAME Camino Sonen MI TITLE Preekiea HOME PHONE 911F999-0134 HOME ADDRESS 3325 Nally UM, Spin9 Vary. CA 91977 art STATE ZIP CODE LAST NAME FIRST NAME Singleton Shorn MI TITLE Vice Pmel9em HOME PHONE HOME ADDRESS 4299 Yethabyaeeet, S+n Dle9 , CA 92103 CITY STATE ZIP CODE LIST IN ORDER OF PRIORITY AND PROXIMITY TO BUSINESS THE PERSON TO BE CONTACTED AT NIGHT IN OF BREAK IN OR FIRE NAME 1. wA TIT1.E NIA TELEPHONE # all . 2. NA . NA DO YOU HAVE A BURGLAR ALARM? 1. 0 NO 2. 0 YES: IF YES 3. 0 SILENT 4. 0 AUDIBLE NAME OF ALARM COMPANY PHONE 4 NIA F. EMPLOYEE INFORMATION PLEASE INDICATE THE NUMBER OF EMPLOYEES EMPLOYED BY YOUR BUSINESS: a. 4 WI be waking In National City 0.60 OFFICE USE ONLY DECALS V G B/C — H/0 PEND ON FILE: B/C-WO N/A A/C —H/D PEND P L A L—A A/P C C-A/P AUDITED BY DATE ENTERED BY DATE DATE WO PD B/L SENT INT BUSINESS LICENSE TAX RATE SCHEDULES SCHEDULE I- BUSINESSES NOT CHARGED ON GROSS RECEIPTS (ENTER TOTAL ON LINE 11 BELOW1 CONSTRUCTION ONLY _A Type 'C' Sub4:muadbr-0ut.t-Tam S 135.00 B. Type "A' or '9' mdrador-0ul-of-Tam S 200.00 C. Addt only movie (horsier _D. AMt orgy book store _ E. Musairent encode F. Bowling alley G. Darcalull $ 535 00 S 535.00 S 28500 S 2650D S 505.00 - F. Fortune teeng - I. Bingo - J. Pawn broker _ IC Swan meet _ L Mobile march dent advertising M. Noble Amusement vehicle _N. 2r,d location In National City SCHEDULE 1I - BUSINESSES CHARGED ON GROSS RECEIPTS TAXABLE GROSS RECEIPTS 0-19,999 20J000F49,999 50,000-99,999 100.000-199,999 200,000-299,999 300,000-399.909 400.000.499,999 500,000-599.999 800,000699,999 700,000-799,999 600,000-999,999 900,000499,999 1,000.000-1,099,999 1,100,000-1,199,999 1,200,000-1,299,999 1,300,000-1,399,999 1,400,000-1,499,999 1,500,000-1,999,999 2,000,000-2,499,999 2,500,000-2,999,999 3,000,000-3,499,999 3.500,000-3,999,999 4,000,0004,999,999 5,000,000-5,999.999 6,000,000-7,999,999 8,000,000-10, 999,999 11,000,000-13,999,999 14,000,000-15,999,999 16,000,000-17,999,999 19,000,000-19,999,909 20,000,000.21,999,999 22,000,000- AND ABOVE S 265.00 3 50.00 3 400.00 S 6,000.00 S 135.00 S 55.00 S 20.00 _0. Reghtered N0Ffor-pm51 P. Fee emnpt 0. Warehouse incidental 10 business_ (Business nue be In Nedoed City.) _ S. Aucdonaer OWof-tmm vendor 5e600 per vehicle 505.00 x 0 veNders = ella _ 2 Petit cod 6 beverage venders 5200 per vehicle 5200.00x 0 venders ma 1 2 3 50 50 50 50 50 50 50 50 52 50 50 56 50 64 80 80 91 101 73 97 121 84 113 141 96 128 160 107 143 179 118 157 197 129 172 215 139 185 232 149 199 248 159 212 265 188 224 280 177 236 296 222 295 370 266 355 444 310 413 618 352 469 586 302 523 653 470 827 783 545 727 908 688 918 1,147 894 1,192 1,490 1,091 1,455 1,819 1,217 1,623 2,029 1,343 1,791 2,238 1,469 1,958 2,418 1,594 2,126 2,657 1,720 2 204 2 867 BUSINESS CLASSIFICATION 4 50 50 60 70 98 121 145 169 192 214 236 257 278 298 318 336 355 444 533 619 703 784 940 1,090 1,376 1,788 2,183 2,434 2.888 2,937 3,189 3,440 BUSINESS LICENSE TAX CALCULATION A. BASIC TAX (CHECK ONE) 1. _ FOR CLASSIFICATION 1-8, FIRST LICENSE 580.00 (e) Processing fee for Initial 'In City' business license application $50.00 2._ FOR CLASSIFICATION 1.8 ONLY, SECOND YEAR RENEWAL 3. EXACT GROSS RECEIPTS FROM PREVIOUS YEAR $ 4. TAX (FROM RATE SCHEDULE II) 5 X 2 = 5. LESS PRIOR YEAR MINIMUM DEPOSIT $ -50.00 0. NET TAX. 7. _ FOR CLASSIFICATION 1-8 ONLY, RENEWALS AFTER SECOND YEAR 8. EXACT GROSS RECEIPTS FROM PREVIOUS YEAR $ 9. TAX (FROM RATE SCHEDULE 11) 10. _FOR BUSINESSES NOT CHARGED ON GROSS RECEIPTS 11. FLAT TAX (FROM RATE SCHEDULE I) M. OTHER FEES (CHECK IF APPUCABLQ 12. _ CHANGE OF LOCATION (560.00) 13. CHANGE OF BUSINESS NAME (911.00) 14. _ VIDEO GAMES,-55.00 PER MACHINE X MACHINES- 15. _ MISCELLANEOUS 18. SUBTOTAL C.PENALTY IF RENEWAL 1S PAID AFTER FEBRUARY 26tK 17. _ MARCH 1' through MARCH 31 ADD 20% 18. _ APRIL 1° through APRIL 30° ADD 40% 19. MAY 1° through MAY 31° ADD 50% 20. _ JUNE 1° through JUNE 30e ADD 80% 21. _ AFTER JUNE 30° ADD 100% 22. TOTAL TAX DUE PLEASE ENCLOSE PAYMENT WITH APPLICATION CHECKS SHOULD BE MADE PAYABLE TO THE CITY OF NATIONAL CITY 6 50 60 74 81 112 141 169 197 224 250 275 300 324 348 371 392 414 518 821 723 820 915 1,098 1,271 1,606 2,086 2,547 2,840 3,133 3,427 3,720 4.014 6 50 80 86 93 128 161 194 225 256 286 315 343 371 398 423 449 473 592 710 826 938 1045 1253 1453 1835 2384 2,910 9,246 3,581 3,916 4,252 4,587 D. SALES OR USE TAX MAY APPLY TO YOUR BUSINESS ACTIVITIES. YOU MAY SEEK WRITTEN ADVICE REGARDING THE APPLICATION OF TAX TO YOUR PARTICULAR BUSINESS BY WRITING TO THE NEAREST STATE BOARD OF EQUALIZATION OFFICE. E. I DECLARE UNDER PENALTY OF PERJURY THAT THE STATEMENTS HEREIN ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. ATUR MESS NAME or-ov TITLE - dry ---- DATE %f/'6jA2_i CITY OF NATIONAL CITY Finance Department 619 336-4330 National City 39 / 48897 11/26/2012 13:40:16.000 Reg CASH11 Validation Receipt CHAROES- 001-00000-3040 BL ktu+a $ 65.00 Sub -total $*********65.00 PAYMENT - Cash $ 105.00 Change $********-40.00 THANK YOU! Business Hours: 7:00 - 6:00 Monday through Thursday Closed on Fridays RESOLUTION NO. 2012 — 227 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH KTU+A IN THE NOT -TO -EXCEED AMOUNT OF $270,000 TO PROVIDE TRANSPORTATION PLANNING AN PUBLIC OUTREACH SERVICES FOR IMPLEMENTATION OF NATIONAL CITY'S SMART....FOUNDATION (SAFE, MULTI -MODAL, ACCESSIBLE ROUTES TO....TRANSIT, WORK, SCHOOL, SERVICES, AND RECREATION) PLAN WHEREAS, the Engineering Division of the Development Services Department issued Requests for Qualifications for transportation planning and public outreach services for implementation of the National City SMART.... FOUNDATION (Safe, Multi -Modal, Accessible Routes To....transit, work, school, services, and recreation) Plan; and WHEREAS, staff interviewed the four firms that responded to the Request for Qualifications and evaluated each focusing on four key areas: 1) understanding of project goals and deliverables, 2) technical qualifications and scope of services; 3) project approach and community outreach; and 4) project management and quality control; and WHEREAS, KTU+A, a planning and landscape architecture firm specializing in transportation, mobility, and land use planning, ADA accessibility, Smart Growth, public outreach, and GIS, was identified as the most qualified firm, and KTU+A is willing to provide services the City for the not to exceed amount of $270,000. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves the selection of KTU+A, and authorizes the Mayor to execute an Agreement with KTU+A in the not to exceed amount of $270,000 to provide transportation planning and public outreach services for implementation of the National City SMART.... FOUNDATION (Safe, Multi -Modal, Accessible Routes To....transit, work, school, services, and recreation) Plan. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 4th day of Decemb ATTEST: Miclbael R. Dalla,City Clerk PROVED AS TO FORM: is G.ln. a Silva City Attor 12. Ron Morrison, Mayor Passed and adopted by the Council of the City of National City, California, on December 4, 2012 by the following vote, to -wit: Ayes: Councilmembers Cano, Morrison, Natividad, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California 1 City lerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2012-227 of the City of National City, California, passed and adopted by the Council of said City on December 4, 2012. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT ETING DATE: December 4, 2012 AGENDA ITEM NO. 11 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with KTU+A for a not -to -exceed amount of $270,000 to provide transportation planning and public outreach services for implementation of National City's SMART...Foundation (Safe, Multi -modal, Accessible Routes To...transit, work, school, services, and recreation) Plan (funded by Caltrans Community -Based Transportation Planning Grant) PREPARED BY: Stephen Manganiello, City Engineerr PHONE: 4382 EXPLANATION: See attached. DEPARTMENT: Development Services/Engineering APPROVED BY: FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: 296-409-500-598-6184 (CBTP Grant — SMART Plan): $270,000 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt the resolution BOARD / COMMISSION RECOMMENDATION: N/A 1TACHMENTS: 1. Explanation 2. Agreement 3. Resolution Explanation On March 15, 2011 City Council adopted Resolution No. 2011-65 authorizing the submittal of an application for a Caltrans Community -Based Transportation Planning (CBTP) Grant in the amount of $300,000 for preparation of a Comprehensive Citywide Sustainable Transportation Systems Plan to enhance access and safety to encourage multi -modal transportation such as walking, bicycling, and transit, through a comprehensive Citywide evaluation of existing and proposed land uses and transportation facilities, including integration of current policies and recommendations established in the General Plan Update, recently adopted Bicycle Master Plan, and existing Specific Area Plans. On July 25, 2011, staff was notified by Caltrans that National City's grant application had been selected for funding. On September 6, 2011 City Council adopted Resolution No. 2011-192 accepting the grant, authorizing the City Manager to execute all grant documents, and authorizing $75,000 in local matching funds. The local match is "in -kind", which covers staff time and materials dedicated to the project. The City Manager executed a Fund Transfer Agreement with the State, effective February 1, 2012, which obligated the funding and served as our notice to proceed. On September 28, 2012, as required by the grant, City Engineering publicly advertised a Request for Qualifications (RFQ) for transportation planning and public outreach services for implementation of the SMART... Foundation Plan. The RFQ listed a budget of $270,000 for consultant services. Statements of Qualifications from the following firms were received by the October 22, 2012 deadline: KTU+A, Chen -Ryan Associates, CALTROP Communications, and Nelson Nygaard. On November 8, 2012, all four firms were interviewed by a three member review panel consisting of staff from Engineering, Planning and Community Services. The evaluations were focused on four key areas of emphasis: 1) Understanding of Project Goals and Deliverables, 2) Technical Qualifications and Scope of Services, 3) Project Approach and Community Outreach, and 4) Project Management and Quality Control. Based on evaluation of the Statements of Qualifications and interviews, the review panel identified KTU+A as the most qualified firm. KTU+A competed at a high level in all categories. In particular, they demonstrated excellent technical expertise having completed a variety of pedestrian, bicycle and mobility planning efforts in the region, a comprehensive project approach and plan for community outreach, and a clear understanding of project goals and deliverables. Therefore, staff recommends award of a professional services contract in the amount of $270,000 with KTU+A to assist City staff with project delivery. The scope of services and schedule for project delivery is attached as Exhibit "A" to the professional services agreement. RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH KTU+A IN THE NOT -TO -EXCEED AMOUNT OF $270,000 TO PROVIDE TRANSPORTATION PLANNING AN PUBLIC OUTREACH SERVICES FOR IMPLEMENTATION OF NATIONAL CITY'S SMART.... FOUNDATION (SAFE, MULTI -MODAL, ACCESSIBLE ROUTES TO....TRANSIT, WORK, SCHOOL, SERVICES, AND RECREATION) PLAN WHEREAS, the Engineering Division of the Development Services Department issued Requests for Qualifications for transportation planning and public outreach services for implementation of the National City SMART.... FOUNDATION (Safe, Multi -Modal, Accessible Routes To....transit, work, school, services, and recreation) Plan; and WHEREAS, staff interviewed the four firms that responded to the Request for Qualifications and evaluated each focusing on four key areas: 1) understanding of project goals and deliverables, 2) technical qualifications and scope of services; 3) project approach and community outreach; and 4) project management and quality control; and WHEREAS, KTU+A, a planning and landscape architecture firm specializing in transportation, mobility, and land use planning, ADA accessibility, Smart Growth, public outreach, and GIS, was identified as the most qualified firm, and KTU+A is willing to provide services the City for the not to exceed amount of $270,000: NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves the selection of KTU+A, and authorizes the Mayor to execute an Agreement with KTU+A in the not to exceed amount of $270,000 to provide transportation planning and public outreach services for implementation of the National City SMART.... FOUNDATION (Safe, Multi -Modal, Accessible Routes To....transit, work, school, services, and recreation) Plan. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 4th day of December, 2012. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND KTU+A THIS AGREEMENT is entered into this 4th day of December, 2012, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and KTU+A, a California corporation (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide transportation planning and public outreach services for implementation of National City's SMART...FOUNDATION (Safe, Multi -modal, Accessible Routes To...transit, work, school, services. and recreation) Plan. WHEREAS, the CITY has determined that the CONSULTANT is a planning and landscape architecture firm specializing in transportation, mobility and land use planning, ADA accessibility, Smart Growth, public outreach, and GIS, 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 agrees to engage the CONSULTANT, and the CONSULTANT agrees to perform the services set forth here in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services shall be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. SCOPE OF SERVICES. The CONSULTANT will perform transportation planning and public outreach services for implementation of National City's SMART...FOUNDATION (Safe, Multi -modal, Accessible Routes To...transit, work, school, services, and recreation) Plan. 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 specified 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 City's Standard Agreement —2011 revision 1 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, City 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. Michael L. Singleton, Principal, Landscape Architect, 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 requested and performed shall not exceed $270,000 (the Base amount) without prior written authorization from the Project Coordinator. 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. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on this 4th day of December, 2012. The duration of this Agreement is for the period of December 4, 2012 through April 3, 2014. 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. 2 City's Standard Agreement —2011 revision 2 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, 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 CONTRACTOR. 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 employees 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, unemploy- ment, 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 or the CONSULTANT'S agents, servants, or employees are not 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 CONSULTANT, and that the CONSULTANT'S obligations to the CITY are solely such as are prescribed by this Agreement. 3 City's Standard Agreement —2011 revision 3 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 SUBCONSULTANT(S), 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 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 4 City's Standard Agreement —2011 revision 4 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. 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 CONSULTANTS negligent performance of this Agreement. The indemnity, defense and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term 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 5 City's Standard Agreement —2011 revision 5 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 SUBCONSULTANT(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following checked insurance policies: A. M 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"). The policy shall name the CITY and its officers, agents and employees as additional insureds, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of $2,000,000 per occurrence and $4,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. The policy shall name the CITY and its officers, agents and employees as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". 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. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years 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. G. Insurance shall be written with only California admitted companies that 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. H. 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 6 City's Standard Agreement -20 (J revision 6 the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. I. 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. 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, 7 City's Standard Agreement —2011 revision 7 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: Stephen Manganiello City Engineer Engineering Division City of National City 1243 National City Boulevard National City, CA 91950-4301 To CONSULTANT: Michael L. Singleton Principal, Landscape Architect KTU+A 3916 Normal Street San Diego, CA 92103 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. 8 Ciiy's Standard Agreement —2011 revision 8 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 22 by the CONSULTANT. 23. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720,1720.2, 1720.3, 1720.4, and 1771. Consultant is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 24. 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. 9 City's Standard Agreement —2011 revision 9 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. 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. I. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7. J. 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. K. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. L. 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. --- Signature Page to Follow --- 10 10 City's Standard Agreement —201 1 revision IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Ron Morrison Micha Mayor Pri pal, Landscape Architect ASLA, AICP-CTP, LEED-AP KTU+A By: APPROVED AS TO FORM: By: Claudia G. Silva City Attorney 11 Kurt W. Carlson Principal, Landscape Architect ASLA, CPRS City's Sienderd Agreement -2011 revision 11 EXHIBIT A SCOPE OF WORK: SCOPE TASKS and PRODUCTS SATE. two -mom. ACCESSIBLE ROUTES TO ,TRANSIT, T F 0 U N D AT 1. PROJECT MANAGEMENT AND COORDINATION ON Task 1.1: Project Initiation •Kick-off meeting with Caltrans staff, finalize scope, and conduct internal staff project meeting. Meeting summaries will be documented. Task 1.2: RFP for Consultant Services *Complete RFP process for notifying, short listing, interviewing and selecting transportation, planning and public input consultant. Task 1.3: Staff Coordination *Monthly interdepartmental face-to-face meetings with consultants and the City staff project manager will be conducted to ensure clear communications and to assure the project remains on time and within budget. These meetings will include the review of monthly progress reports. Caltrans staff will be informed of the meetings. Task 1.4: Quarterly Reports *City staff will submit quarterly reports to Caltrans District staff providing a summary of project progress and grant/local match expenditures. Task 1.5: Project Wrap-up Reporting and Actions *Once the project is complete, the City of National City will submit and present the findings of the report to SANDAG and Caltrans District 11 and will make available the results of the study and its process, available on a website (see also Task 6.6). Task 1.6: Management and Staffing of the Steering Committee *City staff will organize, conduct and summarize the Steering Committee intended to direct the consultant's efforts. Additional members of the public will be considered for the Committee. 2.0 EXISTING CONDITIONS Task 2.1: Existing Planned Goals •Utilize prior and existing planning efforts, such as the General Plan, Specific Plans, Bicycle Master Plan, Circulation Element, ADA Study and Safe Routes to School Programs, and synthesize a Task _ Deliverable Documentation 1.1 Project Initiation Meeting summary 7.2 Consultant selection Contract 7.3 Monthly staff coordination Monthly meeting summary notes, progress reports and invoices 1.4 Quarterly Reports Quarterly progress reports and invoices 1.5 Project Wrap-up Report and Actions Final digital files, website postings and presentation materials 1.6 Management and Staffing of the Steering Committee Agendas and meeting minutes Smart Foundation Scope of Work 1 12 comprehensive set of goals and policies to build the "Foundation" to achieve multiple goals in an integrated way, including local and regional land use goals. Task 2.2: Summarize State Mandates and Previous Efforts for Conformance •Summarize state mandates such as AB 32 Global Solutions Act, SB 97 CEQA Directives for GHG, SB 375 Redesigning Communities for GHG Reductions, and AB 1358 Complete Streets and translate them into an action plan. *City staff will provide a summary of the efforts made to date in the implementation of these mandates. The discussion will be mostly limited to transportation related policies and implemented actions. Task 2.3: Review and Add to Goals and Objectives •The City of National City will identify and appoint a Steering Committee to guide the overall project process. City staff will coordinate, conduct and document these meetings. The primary focus will be for initial directions and review of the plan work products. •The consultant will summarize existing goals identified to date and will add some additional vision statements, objectives and other goals. •The consultant will work with city staff and the steering committee to refine the project vision, goals, objectives and implementing strategies for the project. Task 2.4: Existing Conditions Mapping *Circulation Mapping: An updated base map and aerial ortho-photo map will be prepared and verified with City engineering staff to determine road classifications, ADTs, posted speed, observed speed, overall widths, capacity and lane geometry. •Bike Facilities Mapping: Utilizing the recently adopted Bikeway Master Plan, summarize the existing and proposed facilities as well as prioritized capital projects related to implementing the plan. •Land Use Mapping: Existing land uses throughout the City will be mapped and then compared with proposed land use maps to determine where probable growth will be occurring. An overlay of specific plan areas and smart growth boundaries will be prepared as well. Task 2.5: Walking Facility Inventory •Pedestrian Facilities Mapping: Inventory and map existing, planned and proposed walkways into categories of village, district, corridor, neighborhood and connector walkway systems. Mapping will include missing walkway systems as well. This effort will require a substantial amount of fieldwork in order to spot check existing CAD, GIS and aerial mapping that can be done remotely. Task 2.6: Walking Facility Analysis •Pedestrian Barrier Mapping: A computer model of barriers to pedestrian mobility will be prepared including rail lines, trolley lines, water bodies, freeways, limited access roads, steep slopes, major arterials and large land ownership blocks with no public access. •Pedestrian Attractor Mapping: A computer model of existing employment centers, mixed land uses, public buildings, public spaces, schools, transit stops, parks, commercial centers, grocery stores and other important public -use facilities will be mapped. Each of the destination points or attractors will be analyzed with walking distance zones utilizing the existing walkway network. A 5, 10 and 15 minute walking time will be used to determine the area that can be covered by a pedestrian, assuming an average speed and average wait times at intersections. •Pedestrian Generator Mapping: A computer model of existing population densities, housing units per acre, and other census demographic and socioeconomic data will be used to determine the areas of the city most likely to contribute to generating pedestrian traffic. A 5, 10 and 15 minute Smart Foundation Scope of Work 2 13 walking time will be used to determine the area that can be covered by a pedestrian, assuming an average speed and average wait times at intersections. These distances will be from the centroid of census blocks, Master Geographic Resource Units or traffic zones or other standard units or block configurations for the area. •Pedestrian Composite Mapping: A composite layer will be created for areas where existing generators and attractors are within walking distances of each other. These will be classified as existing walking zones. The facilities mapping and barrier mapping will also be overlaid to determine where existing facilities are adequate and where barriers will need to be addressed. •Pedestrian and Bike Collision and Safety Data: The California DOT SWITERs database will be utilized to document and map the collisions that have occurred over the past 5 years. The data will be queried for all bike -to -vehicle, bike -to -bike, bike -to -pedestrian, pedestrian -to -vehicle collisions. The locations of these collisions will be mapped and the conditions or causes will also be put into the GIS database. Task Deliverable Documentation 2,7 Planned Goal Summary Lists of existing visions, goals & objectives 2 2 Summarize State Mandates and Efforts for Conformance Summary of mandates and previous conformance efforts 2.3 Review and Add to Goals and Objectives Refined and prioritized lists of visions, goals & objectives 2.4 Existing Conditions Mapping GIS files and hardcopy maps showing the circulation system, bike facilities system, and current land uses 2.5 Walking Facility Inventory Field inventory maps with walkway classifications and major deficiencies noted 2.6 Walking Facility Analysis Various maps, tables and text descriptions denoting the barriers, attractors, generators and safety maps along with a composite map showing areas where walking is currently likely 3.0 PUBLIC INPUT Task 3.1: Identify Primary Stakeholders •The preliminary consideration is that four primary stakeholder groups are the ones most likely to utilize walking, bicycling and transit systems. The focus on these groups will likely return the greatest results. •Public participation will be focused on four stakeholder groups — seniors and retirees, Hispanics, parents of children who walk and/or bike to school and young professionals — who are traditionally under -represented and underserved. •Public outreach will also be conducted for the broader community beyond the four identified focus stakeholder groups. Community awareness and involvement of general public are critical components of the planning process. Task 3.2: Develop Public Input Strategy Plan *Though this section denotes a foundation for public input, further analysis of user groups and stakeholders will require the customization of the public input strategy plan. As a starting point, the public input process will be interactive to insure stakeholder groups and the general public that the process is one in which their input is sought and will be considered. The process will not be one where suggestions and actions are preconceived. The input will truly reflect the suggestions of the public. •Time will not be spent on strategizing pre -conceived results or certain objectives. The results and priorities will come from the community. This dedication to the process will assure that Smart Foundation Scope of Work 3 14 proposed changes in the future will actually result in increased reliance on walking, bicycling and transit use. •Notification of meetings will be distributed to all National City residents and local business owners. •A11 workshops will include some form of public input such as: questionnaires, comment cards, vote -by dot, sticky notes, table top exercises, prioritization listings, computer / handheld on - the fly voting, open microphone, and question and answer sessions. •All workshops will include a large aerial photo plot with street names. This plot will be screened back in order to accept written notes, highlighting or the placement of dots that denote areas where people walk and areas where specific problems of access, connectivity and safety currently exists. Task 3.3: Conduct Senior Focus Workshops 'Seniors and retirees will be reached through existing or new Health Fairs held in partnership with Paradise Valley Hospital, San Ysidro Health Center and/or La Maestra Family Center. •Three workshops seeking input will be held at the Kimble & Morgan Towers Senior Center and Paradise Village Senior Community. Task 3.4: Conduct Hispanic Focus Workshops •Hispanic and primarily Spanish-speaking outreach will be through churches, companies with large numbers of Hispanic employees and Spanish -language media. A bilingual presenter will be available for translation at public events. *Flyers and posters in English and Spanish will be placed in prominent locations such as Community Parks, public libraries, large commercial centers (e.g. Walmart, Food 4 Less) and other places that attract large numbers of people. •Three workshops will be conducted at neighborhood facilities located in areas that show predominantly Hispanic home -ownership or have significant Hispanic renters. Task 3.5: Conduct Parent / Child Focus Workshops •Parents of children who walk and/or bike to school will be consulted through surveys and educational pamphlets, after -school Safety Fairs, and presentations at PTA / school -site meetings. •A workshop will be held at the local Boys & Girls Club. •Three additional workshops will be conducted in separate geographic centers of the City utilizing local schools for the location of the workshops. Task 3.6: Conduct Young Professional Focus Workshops •Facebook, Twitter and a phone application will be utilized to reach young professionals and the general public as well. *Additional outreach to the general public will be through National City's Neighborhood Councils, the National City Collaborative Family Resource Center, an interactive web link, editorials, articles, media events and local community events such as the Taste of National City, Relay for Life and Public Safety Fair. Business association presentations will be made to the National City Chamber of Commerce and through partnerships with local service organizations such as the National City Kiwanis and Lions Clubs. *Local health clubs, YMCA's and other community gymnasiums and centers will have workshop flyers and postings. •Conduct one workshop at Kimball Park or City Hall. Smart Foundation Scope of Work 4 15 Task 3.7: Conduct Community Wide Workshops •Three workshops will be conducted in separate geographic centers of the City. They will be held at facilities at Kimball Park, Las Palmas Park, and El Toyon Park. One workshop will be on a Wednesday evening, one workshop on a Thursday evening, and the last workshop will be on a Saturday morning. These days and times have proven successful in past outreach efforts. Task 3.8: Create and Manage Website Elements •Care will be given to make sure that there is not an over -reliance on digital media to solicit and distribute information. However, this method will not be overlooked. A project website will be built and administered at least monthly. Electronic questionnaires, flyers, workshop notices, workshop results, as well as other work products will be posted for downloading. Task Deliverable Documentation 3,1 Identify Primary Stakeholders List and contact information on stakeholders with lists of the best way to engage 3.2 Develop Public Input Strategy Plan Report on workshop dates, locations, focus, exercises, intended results and methodologies 3.3 Conduct Senior Focus Workshops Materials for three workshops including flyers, presentation materials, tabletop exercises and poster comment boards, Will include summarized results. 3.4 Conduct Hispanic Focus Workshops Materials for three workshops including flyers, presentation materials, tabletop exercises and poster comment boards. Will include summarized results. All will be in Spanish. 3.5 Conduct Parent/ Child Focus Workshops Materials for four workshops including flyers, presentation materials, tabletop exercises and poster comment boards. Will include summarized results. 3.6 Conduct Young Professional Focus Workshops Materials for one workshop including flyers, presentation materials, tabletop exercises and poster comment boards. Will include summarized results. 3.7 Conduct Community Wide Workshops Materials for three workshops including flyers, presentation materials, tabletop exercises and poster comment boards. Will include summarized results. 3.8 Create and Manage Website Elements Electronic questionnaires, flyers, workshop notices, workshop results with links, as well as other work products wine posted for downloading and updated regularly. 4.0 FUTURE CONDITIONS Task 4.1: Compile Future Plans •Data Collection: Several documents will be reviewed including all specific plans, master plans, redevelopment plans and all elements of the General Plan and Capital Improvement Plans. Areas where future changes are likely will be identified by parcel. Any other planning effort that has resulted in recommended facilities, projects or land use changes will be documented and previous prioritization efforts will be incorporated. •Land Use Mapping: The Proposed Land Use layers of the General Plan will be mapped and compared with existing land uses. Another method for determining likely future changes is the overlay of existing land uses and densities on top of zoning. Where substantial difference exists, these areas will be noted as potential future changes. •Population Mapping: SANDAG-based Smart Growth areas and its most recent boundary files will used in addition to future population projections developed by SANDAG will be used in predicting where growth is likely to occur. .The proposed densities of these areas will be categorized into those that are supportive of walking, cycling and transit and those that are not. Smart Foundation Scope of Work 5 16 Task 4.2: Identify Future Initiatives •Review Documents: General and specific policies that affect future growth will be identified and reviewed for portions that deal with non -vehicular active transportation, walkable communities and transit supportive development or smart growth. Task 4.3: Project Future Conditions through Computer Modeling *Computer Modeling: Future population areas will be modeled for walking and cycling distances using 5, 10 and 15-minute walking distances. Where existing walking facilities and roadways exist, the modeling will assume these will be used. In other areas where the walking network does not exist, standard radius circles of '/ mile, 'A mile and 1 mile will be used. Distances of 1 mile, 3 miles and 5 miles will be used for cycling. *Utilization of Existing Attractor Elements: The polygons of walking and cycling distances will be overlaid on existing public facilities, parks, transit facilities, services, schools and retail outlets to determine if they are adequately being served with existing facilities within walking and cycling distances. Future transit facilities will be mapped. *Likely Future Attractor Elements: Based on General Plan proposed land uses and mapping efforts of previous tasks, a determination will be made on where future attractors are likely to be. Distance zones from these attractors will be mapped. Project prioritization from previous planning efforts and Capitol Improvement Plans will be carried forward to be included in model prioritization. Task 4.4: Opportunities for Synergy and Collaboration •Analysis: Future smart growth areas and results from the modeling listed above, will lead to a discussion on where public improvements can help to close the gap on existing walking and cycling facilities that can provide essential links between future population centers of moderate to high density and existing or proposed attractors such as schools, parks, employment centers, community facilities, public buildings and transit facilities. Task Deliverable Documentation 4.1 Compile Future Plans Maps showing areas of likely land use change /growth 4.2 Identify Future Initiatives Summary of future project goals and initiatives for walking / cycling / transit use and smart growth 4.3 Project Future Conditions Future population walking / cycling zone maps. Maps showing future walking / cycling zones that are serviced by existing attractors. Future development areas with attractor elements that may be built. 4.4 Opportunities for Synergy/ Collaboration List and maps showing opportunity areas for synergy between land use, transportation & future population densities 5.0 SOLUTIONS AND RECOMMENDATIONS Task 5.1: Pedestrian Priority Areas *Computer Modeling: A composite map will be made of all existing attractors, detractors and generators as well as all future population densities, land use and projects. Safety factors resulting from the review of the collision data will also be worked into the model under the detractors. *Model Scoring: A composite score of pedestrian priority will be developed. Since the model will be a raster -based model, each pixel will represent an acre and will contain a composite score of its overall importance. •Priority Area Mapping: Groupings of linear corridors or nodes will be identified where overall high scores can be clustered together. These will be areas where improvements are Smart Foundation Scope of Work 6 17 considered to be a top priority and the top 20 sites in the city will be identified for further review. Task 5.2: Priority Area Fieldwork •Site Visits: These top 20 areas of the city will have additional fieldwork completed. The fieldwork will look at connectivity, safety, accessibility and walkability factors. Attention to access to transit, schools, employment, public facilities and services will the focus of this fieldwork. Gaps, poor walking facility conditions, safety concerns, street crossings, street traffic conditions and ADA access issues will be highlighted. *Mapping: These top 20 areas will have the conditions mapped and each will become a potential project priority area. Task 5.3: Specific Priority Area Solutions *Safety Countermeasures: For those areas with a high incidence of collisions or where particular safety concerns are noted, safety countermeasures will be developed. These measures may include traffic calming, road diets, traffic control, bulb -outs, median refuges, marked crossings, countdown pedestrian timers, warning signage, improved lighting conditions, mid - block crossings, and other pedestrian safety improvements. •ADA Improvements: ADA, California Title 24 and regional standards for accessibility will be noted and conformance issues will be categorized into highly out of conformance / unsafe, generally out of conformance, mostly conforming and fully conforming. •Connectivity Improvements: Where missing facilities or gaps are identified, the necessary infill walking facility requirements will be noted. For areas where an out -of -direction distance that is very inconvenient or time consuming is noted, possible barrier removals and improvements will be noted. •Walkability Improvements: Walkability is more of a perceptual and qualitative requirement. Harsh conditions, missing shade, windy area, lack of lighting, lack of amenities, buffers between vehicles and the walking environment and adjacent land uses will all be noted. General guidelines for the improvement of walkability will be prepared and specific recommendation made for each problem area. Task 5.4: Vetting of Priority Areas and Their Solutions *Workshops: Each of the four focus stakeholder groups identified in earlier tasks will be provided with one workshop specific to priority areas and solutions. The intent of the workshop will be to show the priority areas, identify the issues that we observed in these areas and to present the solutions to these issues. Workshop input will include the identification of other issues that meeting attendees may know about, the prioritization of the issues identified and the agreement on the solutions that make sense for the issue. Task 5.5: Initial General Costs *Project Refinement: Preliminary plans for the top 20 project areas will be refined and updated based on public input. •Initial Project Costs: Using City staff approved unit costs, the estimated construction costs will be developed with agreed upon contingency costs and soft costs included. Task 5.6: Phasing and Implementation Plans •Phasing Plans: Utilizing public input, an overall prioritized phasing plan will be developed. •Future Project Requirements: For future discretionary projects located in or near the project priority areas, the potential for requiring the development to add these near site facilities will be explored. Redevelopment funds and other facility benefit assessment districts will also be looked at for funding these projects. For future capital projects, these improvements will take place in the public right of way and will not necessarily require adjacent development Smart Foundation Scope of Work 7 fl 18 funding or coordination. Where possible, leveraging private investments in coordination with the public investments should be pursued. •Funding Sources: A variety of federal, state, regional and local grants and funding sources do exist for safety improvements and the expansion of walkability. Safe Routes to School programs, bike facility funding through programs such as BTA, Smart Growth grants, and TransNet Pedestrian, Bike and Transit programs are all likely sources to be investigated. Task Deliverable Documentation 5.7 Pedestrian Priority Areas A documented process for producing the maps as well as the prioritized pedestrian area maps themselves. Tabular data will also be provided that quantifies the scoring and size of these areas. 5.2 Priority Area Fieldwork Field maps and notes showing improvement elements 5.3 Specific Priority Area Solutions Project area improvement maps showing possible safety, connectivity, accessibility and walkabllity improvements. 5.4 Vetting of Priority Areas and Solutions Workshop maps showing priority areas and the overall process used to identify priority areas. Specific project area blow-up maps for public comment with documented input. 5.5 Initial General Costs of Solutions Spreadsheets showing unit costs and quantities 5.6 Phasing Plans and Priorities Overall phasing map. Tables showing possible funding sources. Adjacent developments that may be conditioned with these improvements will also be mapped 6.0 PLAN SUBMITTALS, PRESENTATIONS AND APPROVALS Task 6.1: Prepare & Present Draft Plan • Outline Development and Approval: A detailed outline will be submitted for approval by City staff and the Steering Committee. •Document Writing: The outline will be populated with text and submitted for approval by City staff and the Steering Committee. • Document Layout: InDesign layouts will be used with integrated photos, tables, figures, diagrams and maps. The template layout will be submitted for approval by city staff. •Quality Control: The draft plan will be reviewed for quality control by the consultant prior to being submitted. *Develop Presentation Materials: An overview presentation will be created that will include project objectives, public input, existing conditions, future conditions, priority mapping, priority areas, projects and prioritized input from the public including phasing and costs. •Present and Collect Input: The draft plan will be presented to the Steering Committee then to each of the four focus groups and the general public for additional input. Task 6.2: Review, Refine Draft Plan and Submit Pre -final Plan *Staff Review of Draft Plan: City staff will review the plan and provide written comments. *Staff and Consultant Review Comment Meeting: A meeting will be conducted to review the comments face to face and to work out specific direction on the next submittal. •Plan Revisions: The plan will be adjusted based on Steering Committee and City staff input. •Plan Refinements: Refinements to the maps, tables, text and layouts will be made. •Plan Production: Refinements to the maps, tables, text and layouts will be made. *Quality Control: The pre -final plan will be reviewed prior to submittal by the consultant. Task 6.3: Present Pre -final Plan to Approval Bodies •Revise Draft Presentation: A revised presentation will be prepared. Smart Foundation Scope of Work 8 19 •Present to Traffic Safety Committee / Park and Recreation Advisory Board: The City of National City's Traffic Safety Committee and Park and Recreation Advisory Board will receive a presentation and a copy of the Pre -final Plan. •Present to Planning Commission: One presentation will be made to the Planning Commission as part of an open workshop. This will be an information item only. *Present to City Council: One presentation will be made to the City Council as an open workshop informational item. Task 6.4: Revise and Submit Final Plan *Staff Review of the Plan: City staff will make comments on the Pre -final Plan. *Staff Meeting to Review Comments: A face-to-face meeting with City staff and the consultant will be conducted to review comments, including those from the Planning Commission and City Council. •Final Plan Production: Based on comments, a final plan will be produced for adoption. Task 6.5: Final Approval Process *Present Plan to Planning Commission: A final plan will be presented to the Planning Commission for review of their previous comments and any additional input. •Present Plan to City Council: A final plan will be presented to the City Council for their adoption. Task 6.6: Post Final Product Dissemination of Information •Final Presentation Materials: The final presentation materials will be turned over to City staff, to SANDAG and to Caltrans. The final presentation will also be posted on the project website. *Applicability to Other City Discussion: An appendix will be written to show how the processes used can be replicated by other cities and how the project recommendations may also be of some use for cities in the region considering similar plans. •Presentation to SANDAG / Caltrans Committees: A presentation will be given to the appropriate committees and/or meetings of SANDAG with Caltrans in attendance. •Presentation to San Diego Professional Organizations: Presentations may be offered to the local professional societies in the San Diego area that have a high interest in the project. Some example organizations include: APA, ASCE, APWA and ITE. •Presentation to Non-profit Advocacy Organizations: Presentations may be offered to local non- profit advocacy groups in the San Diego area that have a high interest in the project. Some example organizations include: WalkSanDiego, San Diego County Bike Coalition and Move San Diego. •Presentation to County Health and Human Services: A presentation will be offered to the County Health and Human Services or other Countywide Health Coalitions. Task Deliverable Documentation 6.1 Prepare Draft Plan Draft document with 25 copies 6 2 Review, Refine and Revise Draft and Submit Pre -final Plan Pre -final document with 25 copies 6.3 Present Pre -final Plan to Approval Bodies Presentation 6.4 Revise and Submit Final Plan Final document with 25 copies 6.5 Final Approval Process Final presentation 6.6 Post Final Product Dissemination CDs with all native files and pdf versions of the final document, Includes all GIS files as well. These same files will be on the project website for downloading. Smart Foundation Scope of Work 9 20 Submitted to: Submitted by: Proposed Project Schedule Submitted for: S,MART...DOMES suti MUV O)AL L:LESS,ELE fVl.E's ill, TRANSIT !<xo_ W s[w,. PECnrwx F©UNDATION. Task Number OINID J F M AM J J A SON D Deliverable PHASE 1: PROJECT MANAGEMENT AND COORDINATION PHASE (National City Tasks starting October 2012) 1.1 Project Initiation (NC) Master schedule 1.2 RFP for Consultant Services (NC) Request for Proposal 1.3 Staff Coordination / Review for Full Project (NC) - -- Meeting minutes and decision logs 1.4 Quarterly Reports / Overall Administration (NC) Quarterly reports, spreadsheets and invoices 1.5 Project Wrap-up Reporting and Actions (NC) : Final digital files, website postings and presentation materials 1.6 Management / Staff Time for Steering Comm.��g- - Steering Committee agendas and meeting minutes 2.1 Existing Planned Goals Vision, goals and objectives lists 2.2 Summarize State Mandates & Previous Efforts '`' Summary of State mandates & city efforts 2.3 Review and Add to Goals and Objectives Final vision, goals and objectives lists 2.4 Existing Conditions Mapping L � GIS maps for circulation, bikes and land uses 2.5 Walking Facility Inventory Verified walking conditions, gaps and fieldwork 2.8 Walking Facility Analysis GIS maps for attractors, generators, barriers & safely S.S PUBLICINP1T A n l 3.1 Identify Primary Stakeholders List of contacts for stakeholders 3.2 Develop Public Input Strategy Plan Public input strategy plan with dates, objectives & strategies 3.3 Conduct Senior Focus Workshops Workshop flyers, materials and results 3.4 Conduct Hispanic Focus Workshops Workshop flyers, materials and results 3.5 Conduct Parent I Child Focus Workshops - Workshop flyers, materials and results 3.6 Conduct Young Professional Focus Workshop Workshop flyers, materials and results 3.7 Conduct Community Wide Workshops ■ ■ - Workshop flyers, materials and results 3.8 andManageManage Website�Elements - - - Workshop links, announcements, results, and products ppCreate I4�. :t �'k M(®.i. 'Y N.... 'fA'Mv)� �Yi. au, y^G, i '"".ib `ulE.`.+)il8f&'yr. ✓ -with >. • r�lila 91 li `l . 4.1 Compile Future Plans Maps of future land use, populations & areas of probable changes 4.2 Identify Future Initiatives : Summary of future growth initiatives and policies 4.3 Project Future Conditions _-, _ Computer models for walking zones, existing & future attractors 4.4 Opportunities for Synergy !Collaboration Maps showing how walking/biking/transit can support development PHASE 5: SOLUTiONS:AND RECOMM'ENDATION3 5.1 Pedestrian Priority Areas Composite GIS maps showing pedestrian priority areas 5.2 PriorityArea Fieldwork Field work maps showing existing issues in top 20 areas 5.3 Specific Pnorty Area Solutions Safety, connectivity, ADA and walkability ideas for top 20 areas 5.4 Vetting of Priority Areas and Solutions Presentation of priorities and solutions 5.5 Initial General Costs of Solutions -- Spreadsheets showing probable improvement project costs 5.6 Phasing Plans & Implementation Plans Phasing plan and pnoritized project lists PHASE 6: PLAN SUBMITTALS, PRESENTATIONS AND APPROVALS 6.1 Prepare Draft Plan 25 copies of a draft plan 6.2 Review, Refine & Revise and Submit Pre -final - 25 copies of a pre -final plan 6.3 Present Pre -final Plan to Approval Bodies Presentation materials for the pre -final plan 6.4 Revise and Submit Final Plan - 25 copies of a final plan 6.5 Final Approval Process Final presentation materials 6.6 Post Final Product Dissemination ;;! CDs of all project materials, website finals & special presentations `Yi'. y4ht A u✓�'" .. F.� aye•. .. .c'. Z�'m S. .1` e. a � �.. . F � + .fir n1 b = National City SMART... FOUNDATION Plan 21 6 PRINCIPALS Sharon Singleton, ASLA,CPSM Sandra Swaner-Carmona, AICP Kurt Carlson, ASLA Mike Singleton, ASLA, AICP, LEED-AP EMPLOYEES - 32 9 Landscape Architects (3 LEED) 10 Planners 4 Landscape Designers 2 Irrigation Designers 3 GIS Analysts 1 Graphic Designer 3 Administrators CERTIFICATIONS Woman Business Enterprise (CPUC) Small Business Enterprise (CA) SERVICES Planning • Community Planning • Mobility • Resource Management Landscape Architecture • Community Design • Parks and Recreation • Health Care • Education • Housing • Hospitality • Office and Retail Federal Planning • Master Plans • MILCON Documentation • Basic Facility Requirements • Asset Evaluations • Capital Improvement Plans • Design Guidelines • Special Studies SUPPORT SERVICES • Public Outreach • GIS • 3D Modeling and Simulations • Sustainable Design • Water Management • Grant Writing Established in 1970, KTU+A is a planning and landscape architecture firm whose commitment to balancing human activities with the elements of nature has resulted in award -winning, creative and sustainable projects throughout our community and the southwest. In September 2010, KTU+A was named a Silver level Bicycle Friendly Business by the League of American Bicyclists. The trends towards higher energy costs, lower oil production and more sustainable economic growth necessitate the need to provide better transportation and land use plans that emphasize human mobility as part of the solution. Whether this is achieved through principles of smart growth, traffic calming, universal access, or pedestrian and bike facility integration with vehicular streets and open spaces, the technical challenges must be met. Our streets are not just for motorists, they should be complete streets for the entire community. KTU+A offers a proven track record of cost-effective, technically proficient and creative approaches towards mobility that connects people, places and resources. Project Experience KTU+A has provided planning and design services for a number of projects requiring the integration of various modes of transportation, including pedestrian, bicycle and transit. Services have included alignment alternatives; design feasibility; evaluation of safety aspects; determination of appropriate land uses; development of design guidelines; integration with recreational, residential and commercial land uses; analy- sis and identification of bikeway and walkway locations; and ADA accessibility. Our qualifications include: • All plans prepared by KTU+A comply with State, Federal Highway Administration, AASHTO and MUTCD standards, • Experience in researching and recommending innovative facility treatments and programs for specific issues. • GIS computer applications for producing alignment analysis, pedestrian and bicycle suitability modeling, maps, route selection, graphic production, estimating and 3-D visualizations. • Expertise in pedestrian and bikeway planning and commitment to the integration of recreation, land use planning, community design, urban design and non -motor- ized alternatives. • Understanding and experience in the linking of land use planning, development and multi -modal transportation options. • Extensive research on pedestrian and bicycle safety factors and common accident scenarios. • Professional experience with the integration of trails systems within environmen- tally and visually sensitive areas, Current And Completed Projects City of Ontario Holt Boulevard Complete Streets Plan Port of San Diego Harbor Drive Bayshore Bikeway City of National City 8th Street Corridor Smart Growth Plan City of Lemon Grove Main Street Promenade Smart Growth Plan City of San Diego Greater North Park Community Plan Update City of La Mesa Bicycle and Complete Streets Master Plan City of Dana Point Pedestrian Connectivity Study City of San Diego Pedestrian Master Plan, Phases 1 and 4 City of San Clemente Bicycle and Pedestrian Master Plan City of Oceanside Bicycle and Pedestrian Master Plan University of California San Diego Bicycle and Pedestrian Master Plan City of Carlsbad ADA Transition Plan City of Chula Vista Bicycle Master Plan City of Coronado Bicycle Master Plan Market Creek Village Community Outreach Program National City SMART... FOUNDATION Plan 23 22 KTU+A PLANNING & LANDSCAPE DESIGN ARCHITECTURE INC. 11/26/2012 Hire Date Expert Witness 2010 Billing Rate 2012 Billing Rate Rate* PRINCIPALS Carlson, Kurt Singleton, Mike Singleton, Sharon Swaner, Sandra $165 $165 $330 $165 $165 $330 $165 $165 $330 $165 $165 $330 SENIOR ASSOCIA ES Blatner, Cheri Cailing, Susan Carpenter, Mark Everling, Bernard Holloway, John Leonard, Dave Taylor, John SSOCIATES $135 $135 $270 $135 $135 $270 $135 $135 $270 $135 $135 $270 $135 $135 $270 $135 $135 $270 $135 $135 An, Jenny $115 $115 $270 Efird, Robert $115 $115 Henderson, Tim $115 $115 Henning, Emily $115 $115 Jacobsen, Darren $115 $115 Johnston, Michael $115 $115 Pietz, Brooke $115 $115 Punsalan, Joe $115 $115 i�1►1[•]::•] `� Bosch, Bryan $105 Davis, Tasha $105 Jessop, Roarke $105 Machi, Catrine $105 $105 $105 $105 ESIGNERS/PLANNERS Richardson, Craig Wilkins, Matt DMINISTRATION Swaner, Wendy $95 $105 $95 $95 $75 $95 $75 Expert Witness applies to: Principal, Sr,. Associate Licensed Landscape Architects. Rates will be doubled than regular rates. This would be if we are deposed, prepare a special report for litigation, or have to offer testimony or practice on testimony. 23 ACORO� CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 11/28/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Cavignac & Associates 450 B Street, Suite 1800 San Diego, CA 92101-8005 License No. 0A99520 CONT NAMEACT Certif icate Department NE FAX lac No Ed):619-234-6848 (WC, No):629-234-8601 (WC, E-MAIL ADDRESS: certificatesracavignac.com PRODUCER CUSTOMER ID#. KTU&A-1 INSURER(S) AFFORDING COVERAGE NAIC # INSURED K T U + A, Inc. 3916 Normal Street San Diego, CA 92103 United States INSURER A: TRAVELERS PROP C'S CO OP AMER 2R.74 37885 INSURER B:XL SPECIALTY INS CO INSURER C: INSURER 0 : INSURER E : INSURER F COVERAGES CERTIFICATE NUMBER: 204273 REVISION NUMBER: 204353 THIS IS TO CERTIFY THAT 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 ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP INSR WVD IMM/DDTYYYY) IMM/DD/YYYY) LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY X OCCUR X 6801C93201A 9/1/2012 9/1/2013 EACH OCCURRENCE $ 1,000,000 X PRDAEMI ESET ((SER occurrence) RENTED MI $ 300, 00C CLAIMS -MADE MED EXP (Any one person) $ 10, 000 X Contractual Liability PERSONAL&ADV INJURY $ 1,000,000 X Separation of Insureds GENERAL AGGREGATE $ 2,000,000 GENII AGGREGATE LIMIT APPLIES PER: 1 POLICY X ri-- LOC PRODUCTS- COMP/OPAGG $ 2,000,000 Deductible $ A AUTOMOBILE — - - -- - - X LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS No Company Owned Autos X 6801C93201A 9/1/2012 9/1/2013 COMBINED SINGLE LIMIT (Ea accident) $ 1, 000, BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ X $ X $ A UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE L - 1 C0P001C935653 9/1/2012 9/1/2013 EACH OCCURRENCE $ 3,000,000 $ 3 000, 000 X AGGREGATE DEDUCTIBLE RETENTION $ $0 $ X $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETCR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandator), In NH) If yes, describe under DESCRIPTION OF OPERATIONS Y/ N N / A X UB7109Y567 9/1/2012 9/1/2013 X WCSTATU- OTH- TORY LIMITS FR E.L. EACH ACCIDENT $ 1, 000, 000 E.L. DISEASE - EA EMPLOYE $ 1,000,000 below E.L. DISEASE - POLICY LIMIT S 1, 000, 000 B Professional Liability DPR9700947 9/1/2012 9/1/2013 Ea Claim & Aggreg $2,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Re: National City Smart Foundation. Additional Insured coverage applies to General and Automobile Liability for City of National City, its elected officials, officers, agents, and employees per policy form. Waiver of subrogation applies to Workers Compensation per policy form. Prof. Liab. - Claims made, defense costs included within limit. CERTIFICATE HOLDER CANCELLATION City of National City 1243 National City Boulevard National City, CA 91950 United States SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED I! ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Dorothy Amundson © 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009(09) The ACORD name and logo are registered marks of ACORD EXIGIS - CAVIGNAC & ASSOCIATES 204353 Page 2 of 4 POLICY NUMBER: 6801C93201A COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section II): Any person or organization that you agree in a "contract or agreement requiring insurance" to include as 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 the additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this Coverage Part. e. This insurance does not apply to the rendering of or failure to render any "professional services". f. 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 stated in the LIMITS OF INSURANCE (Section III) 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 the insurance provided to an 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 CGD3810907 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". 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 insured when the insured is an additional insured under any other insurance. 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 any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insurance" with such person or organization 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 a person or organization 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. ® 2007 The Travelers Companies, Inc. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 05 Page 3 of 4 CNA Policy No. 4030967835 SB-146968-A (Ed. 01/06) IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT. SEE PARAGRAPH C., OF THIS ENDORSEMENT FOR THESE DUTIES. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT WITH PRODUCTS -COMPLETED OPERATIONS COVERAGE BLANKET WAIVER OF SUBROGATION Architects, Engineers and Surveyors This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS A. WHO IS AN INSURED (Section C.) of the Businessowners Liability Coverage Form is amended to include as an insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement; but the written contract or written agreement must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the "bodily injury," "property damage," or "personal and advertising injury." B. The insurance provided to the additional insured is limited as follows: 1. That person or organization is an additional insured solely for liability due to your negligence specifically resulting from "your work" for the additional Insured which is the subject of the written contract or written agreement. No coverage applies to liability resulting from the sole negligence of the additional insured. 2. The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less. These Limits of Insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations. 3. The coverage provided to the additional insured within this endorsement and section titled LIABILITY AND MEDICAL EXPENSE DEFINITIONS — "Insured Contract" (Section F.9.) within the Businessowners Liability Coverage Form, does not apply to "bodily injury" or "property damage" arising out of the "products -completed operations hazard" unless SB-146968-A (Ed, 01/06) C. required by the written contract or written agreement. 4. The insurance provided to• the additional insured does not apply to "bodily injury," "property damage," "personal and advertising injury' arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services including: a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications by any architect, engineer or surveyor performing services on a project of which you serve as construction manager; or b. Inspection, supervision, quality control, engineering or architectural services done by you on a project of which you serve as construction manager. 5. This insurance does not apply to "bodily injury," "property damage," or "personal and advertising injury" arising out of: a. The construction or demolition work while you are acting as a construction or demolition contractor. This exclusion does not apply to work done for or by you at your premises. BUSINESSOWNERS GENERAL LIABILITY CONDITIONS — Duties In The Event of Occurrence, Offense, Claim or Suit (Section E.2.) of the Businessowners Liability Coverage Form is amended to add the following: An additional insured under this endorsement will as soon as practicable: Page 1 of 2 a6, Page 3 of 5 CNA Policy No. 4030967835 1. Give written notice of an occurrence or an offense to us which may result in a claim or "suit" under this insurance; 2. Tender the defense and indemnity of any claim or "suit" to us for a loss we cover under this Coverage Part; Tender the defense and indemnity of any claim or "suit" to any other insurer which also has insurance for a loss we cover under this Coverage Part; and 4. Agree to make available any other insurance which the additional Insured has for a loss we cover under this Coverage Part. We have no duty to defend or indemnify an additional Insured under this endorsement until we receive written notice of a claim or "suit" from the additional insured. D. OTHER INSURANCE (Section H. 2. & 3.) of the Businessowners Common Policy Conditions are deleted and replaced with the following: 2. This insurance is excess over any other insurance naming the additional insured as an insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance be either primary or primary and noncontributing to the additional insured's own coverage. This insurance is excess over any other insurance to which the additional insured has been added as an additional insured by endorsement. 3. When this insurance Is excess, we will have no duty under Coverages A or B to defend the 5 B-146968-A (Ed. 01/06) E. SB-146968-A (Ed. 01/06) additional insured against any "suit" if any other insurer has a duty to defend the additional insured against that "suit" If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured's rights against all those other insurers. When this Insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self -insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (Section K.2.) of the Businessowners Common Policy Conditions Is deleted and replaced with the following: 2. We waive any right of recovery we may have against any person or organization against whom you have agreed to waive such right of recovery in a written contract or agreement because of payments we make for Injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included within the "products -completed operations hazard." Page 2 of 2 Page 4 of 5 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 (00) POLICY NUMBER: Ue 71 09Y567 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 % of the Califomia workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description ANY PERSON OR ORGANIZATION FOR WHICH THE NAMED INSURED HAS AGREED HY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. Page 5 of 5 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 December 12, 2012 Mr. Michael Singleton KTU+A 3916 Normal Street San Diego, CA 92103 Dear Mr. Singleton, On December 4th, 2012, Resolution No. 2012-227 was passed and adopted by the City Council of the City of National City, authorizing execution of an Agreement with KTU+A. 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.