Loading...
HomeMy WebLinkAboutC-5476 - PSA for Bicycle Master Plan Developmentg T 0 V AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT WITH ALTA PLANNING + DESIGN, INC. FOR BICYCLE MASTER PLAN DEVELOPMENT THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. One") is made and entered into as of this 15th day of April, 2014 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City'), and ALTA PLANNING + DESIGN, INC., a California corporation ("Consultant"), whose address is 448 S. Hill Street, Suite 501, Los Angeles, CA 90013, and is made with reference to the following: RECITALS A. On May 29, 2013, City and Consultant entered into a Professional Services Agreement ("Agreement") to engage Consultant to prepare a Bicycle Master Plan Development ("Project"). B. City desires to enter into this Amendment No. One to extend the term, reflect additional services not included in the Agreement and increase the total compensation. C. City and Consultant mutually desire to amend the Agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the Effective Date, and shall terminate on March 31, 2015, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Exhibit A to the Agreement shall be supplemented to include the Proposal for SuperiorNVCH Bridge Project Active Transportation Program (ATP) Grant Application dated March 21, 2014, attached hereto and incorporated herein by reference ("Services" or 'Work"). Exhibit A of the Agreement and Exhibit A of Amendment No. One shall collectively be known as "Exhibit A'. The City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. COMPENSATION TO CONSULTANT 3.1 Section 4.1 of the Agreement shall be amended in its entirety and replaced with the following: City shall pay Consult for the Services on a time and expense not -to -exceed basis in accordance with this Section, Exhibit A, and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed One Hundred Forty -Four Thousand Six Hundred Eighty -Five and 00/100 ($144,685.00) without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 3.2 The total amended compensation reflects Consultant's additional compensation for additional Services to be performed in accordance with this Amendment No. One, including all reimbursable items and subconsultant fees, in an amount not to exceed Eleven Thousand Nine Hundred Dollars and 00/100 ($11,900.00). 4. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] Alta Planning + Design, Inc. Page 2 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, CITY ATTORNEY'S OFFICE a California municipal corporation Date: -'-t - Date: By: 14 1 A I A 11 By: Aaron C. rp Dave RiTf City Attorney 0 City Manager ATTEST: 2 CONSULTANT: Alta Planning + Design, Date: Inc., a California corporation Date: l) 1 By: By: ALA, Leilani I. Brown Mia Bi k City Clerk Attachments: Exhibit A — President Date: � ' ( l By: George Hud on Treasurer [END OF SIGNATURES] Proposal for Transportation dated 3/21/14 Superior/WCH Bridge Project Active Program (ATP) Grant Application, Alta Planning + Design, Inc. Page 3 EXHIBIT A SCOPE OF SERVICES Alta Planning + Design, Inc. Page A-1 Malf-CM Pershing Square Building Los S. Hill St, Suite 501 Los Angeles,90013 (213) 489-74433 PLANNING+DESIGN wvvw.altaplanning.com March 21, 2014 Brad Sommers, Senior Civil Engineer City of Newport Beach Re: Proposal for Superior/WCH Bridge Project Active Transportation Program (ATP) Grant Application Dear Brad: Alta Planning + Design (Alta) is pleased to submit this proposal for the Superior/West Coast Highway Bridge Project Active Transportation Program (ATP) Grant Application. The ATP provides a funding opportunity for the City of Newport Beach to continue laying the groundwork for multi -modal activity within the City. As discussed in the schedule below, the deadline for statewide funding of pedestrian and bikeway projects like those described below is fast approaching. We have proposed a schedule that can deliver an application in advance of the May 21 statewide funding deadline. Project Understanding and Approach The City of Newport Beach seeks an experienced consultant to prepare an ATP grant application to receive funding for design, right-of-way acquisition, and construction of the Superior/West Coast Highway (WCH) Bridge Project. The bridge project actually includes two structures crossing key arterials in the City at the Superior Avenue/WCH intersection. The crossing of the north leg (over Superior Avenue) will help link two parks, and the east leg (crossing WCH) will further link both parks with the community south of WCH, facilitating crossings of this 6 -lane regional roadway. The bridge structure is aligned to make use of existing topography and minimize the need for elevators and ramping structures. The Sunset Ridge Park located at the northwest corner of the site location is under construction and will include sports fields with no vehicular parking. Therefore, motorists will likely park on the northeast corner of the site and use the existing crosswalk to cross Superior Avenue. The bridge structure can easily facilitate crossing of the roadway, minimizing potential conflicts with the Superior Avenue travel lanes and enabling frequent pedestrian crossings without impacting travel times. The two southbound right -tum lanes at the Superior Avenue/WCH intersection are intimidating to pedestrians since visibility with motorists in both turn lanes can often be challenging. The goals of this project are to improve the safety of people walking and bicycling in this area, to encourage more walking and bicycling as a proportion of all trips made, and to better link City investments in parks and the surrounding community. Based on our initial review, many of the project components are eligible for ATP grant funding as they eliminate hazardous conditions on existing walkways and may modify traffic control devices that improve the safety of pedestrians and bicyclists. Proposal for 5uperlor/WCH Bridge Project ATP Grant Application Alta Planning+Design In addition to favoring projects that facilitate local active transportation, the ATP will likely give priority to projects that improve regional bicycling and public transit connections. The ATP scoring system awards points to proposed projects that are included in previously adopted plans or those under development. The proposed bridge project aligns with draft concepts included in the Bicycle Master Plan (under preparation) which links the parks with the Superior Avenue crossing and increases connections to the Banning Ranch site. Based on our understanding, the joint ownership of the project establishes a higher priority for ATP funding. Support from Caltrans for multi -modal improvements at the Superior Avenue/WCH intersection traffic signal make this project an opportunity to show collaboration between agencies. Alta staff has assisted jurisdictions across the country in winning over $120 million in grant funding, including several BTA and SRTS funds in previous cycles of Caltrans active transportation funding. We have been tracking the ATP process, including staff leading a webinar an Improving ATP project competitiveness through regional Manning. The Alta team members have worked intimately with communities and helped them to develop active transportation networks that safely integrate bicyclists and pedestrians into the transportation system. Our demand and benefit modeling capabilities, familiarity with the planning process for the projects under consideration, and experience with grant preparation will enable Alta to expedite the ATP grant application process while minimizing dependence on City staff time for completion. Draft Scope of Work Task 7 - Kick -Off Meeting and Project Management Alta will be in regular communication with the City to ensure the application includes key materials and is on schedule. Alta will attend an in-person kick-off meeting with City staff to review the project description, collect documents, discuss the scoring criteria and data needs from the Draft Active Transportation Program Guidelines, and discuss potential issues or concerns. We will hold regular status conference calls to cover progress and ensure delivery of materials per the schedule. Task Deliverables: • Attendance at one (1) kick-off meeting • Project status calls Task 2 - Data Collection Alta will develop a data needs request to be sent to City staff, based on information needed to complete the application. Materials such as topographic data, parcel data, projects underway, design parameters, available cost estimates, and relevant previous planning efforts will be supplied by the City. Alta will collect readily - available data such as demographics from the American Community Survey used for demonstration of need Subsequent to the kick-off meeting, Alta staff will visit the site and conduct a field review to document current conditions and challenges to active transportation in the project vicinity. We will collect traffic counts at the Superior Avenue/WCH intersection on a typical weekday during the morning peak period (7-9 am) and extended afternoon/evening peak period (2-6 p.m.). The aftemoon/evening traffic counts are scheduled to capture potential school -related travel by parents and youth through the intersection, as well as typical evening peak period traffic activity. The traffic counts will include vehicles, pedestrians, and bicyclists traveling through the intersection to gauge potential current users of the bridge structure. This information, combined with information about potential users, will be integrated into a Proposal for5uperor/WCHBridge PrcJWATPGrant Appllcatlon I� Aha Planning + Design benefits -cost analysis that will support the grant proposal by showing the projects large potential for significantly improving bicycle and pedestrian connections in Newport Beach Additionally, we will work with the Newport Mesa Unified School District to review enrollment boundaries for nearby schools to evaluate the potential for school -related access. Finally, Alta will work with the Orange County Transportation Authority to identify ridership data at the bus stops serving the study intersection. Task 2 Deliverables: Data needs request Peak period traffic counts at study intersection 0 School enrollment data review • Transit data review Task 3 - Structural Evaluation Recognizing the City hasn't conducted preliminary design of the bridge, we propose to include structural engineers from T.X. Lin international (TYLI) on our project team to prepare conceptual work adequate for layout and cost estimating of the proposed bridges. The TYLI team will review data related to the project including site conditions to develop an alignment concept with preliminary cost estimates for use in the grant application. Our project team will work with City staff to identify key design parameters for use in the structural evaluation, and graphics will be prepared to illustrate the alignment for one concept. This scope of work assumes the structural evaluation will focus on a spiral ramp concept on the southeast corner of the study intersection, and will develop conceptual grades for ramps to satisfy ADA requirements and geometry control. We will work with City staff to ensure the design provides a conservative cost estimate including design, environmental review, right-of-way acquisition, and construction of the project. Task 3 Deliverables • Bridges layout and cost estimate Task 4 — Draft and Final Active Transportation program Application Alta will prepare a draft application to the ATP on behalf of the City based on the requirements outlined in the Call for Projects expected to be issued on March 21, 2014. The application will be submitted to the City for review on or before May 2, 20I4, City staff will have one week for review and comment on the draft application. Comments will be provided in a single set of consolidated, internally consistent edits. Comments received will be addressed thoroughly in the final application. The Alta Team will transmit the application to the City ins format suitable for submittal on or before May 16, 2014, which is three business days prior to the deadline of May 21, 2014, as outlined in the Draft Active Transportation Program Guidelines. Alta will work with the City to develop a draft letter of support that can be distributed to key stakeholders to show collective interest in the project. Alta will work with the City to identify key stakeholders and groups, such as the SherrifPs Department, California Highway Patrol, and school district, where letters of support can be secured. City staff will coordinate with stakeholders to secure the letters of support. Proposal for SuperorNVC-1 Bridge Project ATP Grant Applicatlon 13 Alta Planning+Design Task 4 Deliverables • Draft ATP Application • Final ATP Application • Draft Letter of Support Task 5 - Alternatives Analysis This task item will focus on preparing supplemental analysis for bridge alternatives including conceptual alignment, cost estimates, ADA compliance, and right-of-way impacts review. The consideration of an elevator is expected to minimize the need for parcel acquisition. The alternatives analysis is expected to be provided to the City for further consideration of the project, while the grant application will focus on one project alternative as discussed in prior tasks. Task 5 Deliverables • Alternatives Review Proposed Schedule Project applications are due to Caltrans for the statewide process on May 21, 2014. We propose the following work schedule to position the City of Newport Beach for the ATP application: • March 26: Alta receives Notice -to -Proceed • May 2: Alta provides draft application for City review • May 9: The City provides consolidated set of City comments • May 16: Alta provides final application • May 20: The City submits application Proposal for 5uperior/WCHBridge Project ATP Grant Application f4 Aha Planning + Design PROPOSED FEE The services outlined above will be provided to the City of Newport Beach for the following fees by task: TOTALFEE $11,900 We look forward to continuing work with you to improve walking and bicycling within the City of Newport Beach. Please contact pauhnartin@altaplanrii g,com or (213)489-7443 if you have any questions. Brett Hondorp is a duly authorized officer of Alta Planning + Design, Sincerely, j� 1 Brett Hondorp, AICP, Alta Planning + Design 510.540.5008 ext.101 bhondorp@altaplanningom Proposal for5uper or/WCH Bridge Project A?P Grant Application Alta Planning + Design 15 Fee: Task 1: Kick -Off Meering and Project Management $ 900 Task 2: Data Collection $1,000 Task 3: Structural Evaluation $4,000 Task 4: Draft &Final ATP Application $3,500 Task 5: Alternatives Review $2500 TOTALFEE $11,900 We look forward to continuing work with you to improve walking and bicycling within the City of Newport Beach. Please contact pauhnartin@altaplanrii g,com or (213)489-7443 if you have any questions. Brett Hondorp is a duly authorized officer of Alta Planning + Design, Sincerely, j� 1 Brett Hondorp, AICP, Alta Planning + Design 510.540.5008 ext.101 bhondorp@altaplanningom Proposal for5uper or/WCH Bridge Project A?P Grant Application Alta Planning + Design 15 PROFESSIONAL SERVICES AGREEMENT WITH ALTA PLANNING AND DESIGN, INC. FOR BICYCLE MASTER PLAN DEVELOPMENT THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into as of this 29th day of May, 2013 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and ALTA PLANNING AND DESIGN, INC., a California corporation ("Consultant"), whose address is 711 SE Grand Avenue, Portland, OR 97214, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Consultant to prepare a Bicycle Master Plan Development ("Project"). C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the professional services described in this Agreement. D. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the Effective Date, and shall terminate on November 30, 2014 unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Consultant shall perform the Services in accordance with the schedule included in Exhibit A. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Consultant to strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.2 Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.3 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.4 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by hand -delivery or mail. r�ili7iTit7�iF`T_t�Iil� �Z+i�7. t:�(I11;(Ti<� 4.1 City shall pay Consultant for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed One Hundred Thirty Two Thousand Seven Hundred Eighty Five Dollars ($132,785.00), without prior written authorization from City, No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.2 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar days after approval of the monthly invoice by City staff. 4.3 City shall reimburse Consultant only for those costs or expenses specifically identified in Exhibit B to this Agreement or specifically approved in writing in advance by City. 4.4 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Alta Planning and Design, Inc. Page 2 Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER 5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Brett Hondorp to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 5.3 If Consultant is performing inspection services for City, the Project Manager and any other assigned staff shall be equipped with a cellular phone to communicate with City staff. The Project Manager's cellular phone number shall be provided to City. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department, City's Senior Civil Engineer or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. i7�«7l<i'iF'��T+� I.ItE�L3I�I�` To assist Consultant in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's Work schedule. 8. STANDARD OF CARE 8.1 All of the Services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with the highest professional standards. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one (1) or more first- class firms performing similar work under similar circumstances. Alta Planning and Design, Inc. Page 3 8.2 All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement, all applicable federal, state and local laws, and the highest professional standard. 8.3 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.4 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS 9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, defects in workmanship or materials or Consultant's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable, or any or all of them). 9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties, Nothing in this indemnity shall be construed as authorizing any award of attorneys` fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. Aita Planning and Design, Inc. Page 4 It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No civil service status or other right of employment shall accrue to Consultant or its employees. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the Work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance of the Work or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall Alta Planning and Design, Inc. Page 5 be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 16. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17, OWNERSHIP OF DOCUMENTS 17.1 Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents"), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. 17.2 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant, and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 17.3 All written documents shall be transmitted to City in formats compatible with Microsoft Office and/or viewable with Adobe Acrobat, Alta Planning and Design, Inc. Page 6 18. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information. 19. INTELLECTUAL PROPERTY INDEMNITY Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement or alleged infringement of any United States' letters patent, trademark, or copyright, including costs, contained in Consultant's Documents provided under this Agreement. 20, RECORDS Consultant shall keep records and invoices in connection with the Services to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 21. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue Work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 22. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant. Nothing in this Section is intended to limit City's rights under the law or any other sections of this Agreement. Alta Planning and Design, Inc. Page 7 23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 24, CONFLICTS OF INTEREST 24.1 Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 24.2 If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. K"Emi<loyt[w� 25.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. 25.2 All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Brad Sommers, Senior Civil Engineer Public Works Department City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 25.3 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: Brett Hondorp Alta Planning and Design, Inc. 711 SE Grand Avenue Portland, OR 97214 Alta Planning and Design, Inc. Page 8 9�SIRA& Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Consultant shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Consultant's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Consultant in writing as unsettled at the time of its final request for payment. Consultant and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Consultant shall be required to file any claim Consultant may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 27. TERMINATION 27.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 27.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days' prior written notice to Consultant. in the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 28. STANDARD PROVISIONS 28.1 Recitals. City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 28.2 Compliance with all Laws. Consultant shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. Alta Planning and Design, Inc. Page 9 28.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 28.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 28.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 28.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 28.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 28.8 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 28.9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 28.10 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, age or any other impermissible basis under law. 28.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 28.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] Alta Planning and Design, Inc. Page 10 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATT-0RN� I;S OFFICE Date: ``? II II'l ���Gjj Aaron C. Harp City Attorney ATTEST: Date: BY: dM� Leilani I. Brown City Clerk �IFORN%- CITY OF NEWPORT BEACH, a California municipal corporation Date: By: ✓� Keith Curry Mayor CONSULTANT: Alta Planning and Design, Inc., a California corporation Date: Cp 74 By: Mia Birk President Date: ��2� Z J �' By: George H son Treasurer [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements Alta Planning and Design, Inc. Page 11 EXHIBIT A SCOPE OF SERVICES Alta Planning and Design, Inc. Page A-1 Project Understanding The City of Newport Beach is blessed with scenic beauty, mature housing choices, diverse commercial areas, and major tourist destinations. While sights such as Newport Harbor and Back Bay accommodate marine activities and protected habitat areas, these community elements create geographic boundaries limiting circula- tion throughout the community. Additionally, the major tourist draw of Balboa Peninsula attracts users of varying modes, creating potential for conflict along the historic Boardwalk and entrances to each pier, Coast Highway functions as the backbone roadway connecting across Back Bay; however, the majority of the roadway is managed by Caltrans. Due to current financial constraints implementing changes to improve cycling on Coast Highway where managed by Caltrans has been a challenge. Locations such as the East Coast Highway/Bayside intersection currently do not include a bike push button for southbound travel, and the approach lacks bicycle detection. Additionally, improvements to the eastbound approach of East Coast Highway have been recommended to Caltrans for consistency with the Highway Design Manual. Citizen's Bicycle Safety Committee Community efforts to improve cycling safety and public awareness have been ongoing in Newport Beach since 2009 when the Task Force on Cycling Safety began meeting. The Task Force eventually transitioned into the Citizen's Bicycle Safety Committee (CBSC), which met on a regular basis to discuss cycling in the community. The makeup of the CBSC provided an opportunity for community dialogue between City Council, City staff, the Police Department, residents, and other stakeholders. During the past years the CBSC has focused on a variety of treatments such as public involvement campaigns, infrastructure 'improvement recommendations, and safety evaluations of current infrastructure. Additionally the CBSC came to a positive vote on implementation of sharrows on East Coast Highway in Corona del Mar. The CBSC recognized the Master Plan of Bikeways included in the General Plan Circulation Element did not meet current expectations about infrastructure and programs for improving cycling activity and safety citywide. As a result, the CBSC requested that the City fund a Bicycle Master Plan which would comprehensively address the topic of cycling within Newport Beach and lead to policies and implementation measures to improve safety and encourage cycling for both recreational and commuting needs. The CBSC recently sunset after the January 201.3 meeting, and members of the community have been encouraged to participate in the new Bicycle Master ;Plan Oversight Committee (BMPOC) to provide guidance and a public forum for the development of the comprehensive: Bicycle Master Plan. Approved in March 2012 by City Council, membership of the BMPOC will include a Council Member (Tony Petros) appointed as the Committee Chair and seven community members. Final composition of the BMPOC is planned concurrent with kick-off of the Bicycle Master Plan project. Newport Beach Memorial Ride The October 28, 2012 Memorial Bike Ride was created as a tribute to two women cyclists killed in Newport Beach on successive days in September 2012. These tragedies spurred the CBSC to improve safety within the City The local cycling community created the event to raise funds for improvements, including approximately $1.50,000 by the end of December 2012. Matching of community - raised funds is planned by the City of Newport Beach at a rate of 3 to 1 up ro a maximum of $450,000. Total funds raised are being allocated into a dedicated Bicycle Safety Improvement Fund, for use by City of Newport Beach specific to bicycling within the community. Newport Beach's scenic beauty and major tourist destinations attract users of varying modes, including bicyclists. ,9,43 ilii S:,Tegt s C.CSi�?M1 Our project approach builds upon efforts of the CBSC and City staff to identify potential priority projects and areas of safety concern. Our project team tivill commence with public participation building upon the momentum created by the CBSC meetings and reconvened as the BMPOC. Public participation will guide identifiea, tion of refinements to the proposed network and will prioritize the facilities for inclusion in the 5 -Year Capital Improvement Program or to position for grant pursuits. Our approach includes robust engineering review to stra- tegically position City staff for implementation of priority projects utilizing customized cost estimates to minimize budgeting surprises. We recognize the City is focused on creating a plan that positions City staff to proceed with implementa- tion of plan recommendations upon adoption by the City Council. understanding the desire of City staff, elected officials and the community, we have renamed our work Plan a "Pathway to Implementation." The conscious effort to incorporate the word "implementation" throughout this proposal is intended to reflect our approach to the project and bring a successful product to the City of Newport Beach that can serve as a guide to realizing improvements and change throughout the community. Task 0 - Project Initiation Task OA —Kickoff Meetings The Alta team will meet with Newport Beach's Project Manager and team for two (2) project kickoff meetings to review city goals and strategies, refine the project scope and working objectives, identify available data, establish communication channels with other departments and agencies, review and list required elements and standards, and approve the public outreach scope and schedule. Changes to the Scope of Work will be made (if necessary), after the kickoff meetings and an amended Scope and detailed Schedule will be provided to the City. Alta will develop a Data Needs Memo prior to the initial kickoff meeting for circulation among City of Newport Beach staff. Task OB - Policy Review and Vision Alta will help establish a creative vision and direction for bicycle planning by reviewing existing plans, goals, and objectives in the City of Newport Beach. These include bicycle policies developed in the Newport Beach Circulation Element, relevant Specific Plans, municipal codes, OCTA efforts, and other sources. City staff will identify documents for review and provide the Alta team with a review copy if the document is not available electronically. For the sake of comparison, we will utilize our library of plans from around the country and provide a summary The Alta Team's approach is designed to bring a successful product to the City of Newport Beach that can serve as a guide to realizing improvements and change throughout the community. 201 City 6, n�Rr�cPr iT1y:A t+ rCi{1fl of goals and policies from comparable communities to Newport Beach plus trend -setting areas (in the fields of bicycle planning) such as Seattle, Portland, Long Beach, State of Florida, State of Oregon, Boulder, Madison, and other communities. The summary will include poli- cies from national organizations such as the National Recreation & Park Association, American Planning Association, Rails -to -Trails Conservancy, Association of Bicycle & Pedestrian Professionals, and the Institute of Transportation Engineers. Based on this information, Alta will make recommenda- tions that may address Newport Beach's design standards, standard street cross-sections, ordinances, Municipal Code, General Plan, pending and approved development Plans and specific plans. The Alta Team will work with Newport Beach staff to develop the project vision statement. A vision state- ment outlines what the City of Newport Beach seeks to provide through the bicycle network and encouragement program. Task 0 Deliverables . Data Needs Memorandum • Facilitate two (2) kickoff meetings and meeting minutes (attendance at first meeting by 2 Team Members, and attendance at second meeting by 3 Team members) • Existing policy review and vision statement Task 1 - 5 E's Development We have drafted the following work plan as our proposed approach to develop a bicycle master plan that meets the stated goals and objectives in the RFP. Specifically, the proposed work plan presented below has been tailored to assist Newport Beach in achieving bicycle improvements based upon the 5 E's for a Bicycle Friendly Community — Engineering, Education, Encouragement, Enforcement, and Evaluation and Planning. In addition to evaluating infrastructure, Alta will work with Newport Beach staff to examine in a "bigger picture" term their education/outreach interests, concerns, needs, and resources and develop a plan using numerous strate- gies that addresses those items. Drawing from our knowl- edge nowledge of best practices from around the country, Alta will then develop recommendations identifying potential changes to improve bicycle education, encouragement, enforcement, and evaluation and planning efforts. Alta will review the existing bicycle facility network and conduct a field review of these facilities. Task 1A - Engineering The Alta Team will recommend a bikeway network that is equitable and safe, and effectively uses all city streets and roadways. The network will take into consideration the needs of all roadway users, including bicyclists, pedes- trians and motorists. Existing Conditions Analysis In preparation for developing recommendations for improvements, Alta will review the existing bicycle facility network and conduct a field review of these facili- ties, including touring selected existing routes by bicycle and/or foot. We will work with the BMPOC to develop a list of corridors and locations that merit greater attention for implementation, and will evaluate City provided colli- sion data. Concern about safety is the most common reason given for not riding a bicycle (or riding more often), according to national surveys. The Alta Team will perform a detailed analysis of five (5) years of collision data using information provided by the City of Newport Beach Police Department. Our typical scope utilizes Statewide Integrated Traffic Records System (SWITRS) data for collision analysis, however, we recognize the Police Department has care- fully reviewed collision history with the CBSC, and has debriefed the CBSC regarding bicycle collision during the past year including minor and major collisions. We will work with City staff to identify and graphically map streets and intersections experiencing high numbers of crashes involving bicyclists. Additionally, we will work f?F!^tr toot F.ca Ikirle PImn I21 rt,S.I! kr..%+N,w"',? with City staff to identify problematic intersections, difficult grades, and areas with high -stress for cycling such as high volume roadways. Information derived from the collision analysis will be used to identify specific locations for further review. Identification of gaps in the bikeways network will be based on public engagement feedback, BMPOC input, and discussions with City staff. Constrained intersections or other "hot spot" locations may include barriers (crossing of Back Bay, Coast Highway, topographic changes), multi -modal. areas serving both pedestrians and bicy- clists (Balboa Peninsula boardwalk), and conflict -prone locations (bicycle travel adjacent on -street parking, high frequency intersections/driveways, etc). The 'East Coast Highway/Bayside intersection is a good example where the infrastructure does not accommodate cyclists' needs, as the traffic controls do not include a bike push button for southbound travel, and the approach lacks bicycle detection. Fhe Alta Seam members will visit the list of corridors and site-specific locations for understanding of field conditions and limitations. Bikeways gaps exist in various forms, ranging from short "missing links" on a specific street or path corridors, to larger geographic areas with few or no bicycle facilities. Additionally, bicycle parking gaps can occur where inad- equate parking is provided by the activity center. Field investigations will be documented using field notes, taking field measurements with GIS/GPS devices, and using digital photography. We will consider key metrics reviewing the non -motorized network such as safety, walkability, connectivity, completeness of network, access to destinations, barriers and constraints, and ability to serve different types of trail users. The Alta Team will analyze linkage of the Bikeways network connections into adjacent jurisdictions such as Costa Mesa, Huntington Beach, Irvine, Laguna Beach, and the State Parks. Improvements along Coast Highway to better facilitate travel along the popular corridor will require careful consideration of options with under- standing of past attempts to facilitate bicycle travel in constrained locations. Bicycle Counts & User Survey Estimation of current bikeways users can be collected through survey data and manual counts utilizing local volunteers. She estimation data is required for 22 1 Cr, af6 ,rh ch comprehensive bicycle master plans, and provides a strong baseline of use data as well as concerns and desires of the community. The Alta team will develop a survey (with City revievv) to determine the community's general needs and concerns surrounding bicycling. The survey will be posted to the project website (per Task 2), and the City can distribute the survey with the quarterly parks and recreation mailer (Newport Navigator), and other citywide mailings. Hard copy surveys will be available for completion at work- shops, key civic locations, local bicycle shops, and other public spaces as identified through discussions with. City staff. The bikeways survey will ask questions regarding frequency of activities, chief concerns, and types of improvements desired within the community. We will conduct manual counts utilizing local volunteers using the National Bicycle & Pedestrian Documentation program methods (www.bikepeddocumentation.org). The Alta team will conduct a training session for the counters and provide the user survey/data collection forms that will be developed as part of this task. Volunteer support can be drawn from various walking and cycling clubs with interests in the City. The City of Newport Beach will coordinate volunteer staff for stationing key locations and times to be deter- mined by Alta and the. City Project Manager. Generally counts are conducted during a weekday morning peak period (7AM-9AM) and evening peak period (4PM-6PM), and a weekend midday period (10 AM-2PM). Longer count periods may be desired where high levels of activity are known to occur outside the typical time periods Estimation of current bikeways users can be collected through survey data and manual counts utilizing local volunteers. listed above. We recommend bikeway counts occur at a minimum of 10 locations, supplemented with additional locations based on volunteer capabilities. The precise locations for data collection will be determined through discussions with City staff. Counts will provide a gauge of the existing level of use of the bicycle network and, supplemented with the user survey, will help us gauge future need and priorities within the bicycle network. Bicycle counts will also allow us to compare bicycle ridership in Newport Beach to that of neighboring cities and communities. Data from the bicycle count effort will be incorporated into the National Bicycle and Pedestrian Documentation Project, an annual bicycle and pedestrian count and survey effort sponsored by the Institute of Transportation Engineers Pedestrian and Bicycle Council. Alta initi- ated this effort through the ITE Pedestrian & Bicycle Council in 2003, when it was identified as a priority for the Council. Alta is experienced in designing automatic machine (i.e. inductive loop) bicycle count programs and will provide the city with information on how such a program could be implemented (as a separate scope of work) to supple- ment or replace the annual manual counts. Baseline Mapping Alta will prepare maps utilizing available City of Newport Beach Geographic Information System (GIS) mapping layers. The maps will be refined for use in public presentations and for incorporation into the updated mobility plan. The GIS mapping will address Caltrans Bicycle Transportation Account (BTA) requirements such as existing land uses, major generators and attractors (schools, park and recreational sites, civic buildings, key employment centers, and transit stops), bicycle parking facilities, and bicycle changing facilities. Using available GIS, bikeways in adjacent jurisdictions will be displayed to show how the city's bikeway network provides connec- tivity and continuity to nearby communities. Alta is leading the OCTA Districts 1 & 2 Bikeways Collaborative allowing for efficient use of regional GIS shape files and data. Existing Conditions Summary A technical memorandum will be prepared summa- rizing the data collection, observed trends and behaviors, Alta's Bikeway Quality Index provides a systematic method of evaluating streets and roadways as they relate to the level of comfort for bicyclists. collision analysis, obstacles & gaps review, and linkage analysis. Graphics will be included as appropriate illus- trating key concepts, issues, and conflict areas. GIS -Based Bicycle Demand Analysis Alta has developed the Bikeway Quality Index (BQI) which is a GIS -based model that provides a systematic method of evaluating streets and roadways as they relate to the level of comfort for bicyclists. The models use avail- able input data such as lane width, traffic volumes and speeds, and car parking, to provide a corridor and an area -wide assessment of riding conditions for a `typical' bicyclist. In addition to examining the existing on -street bicycle facilities, we will apply the BQI model to measure the quality of off-street paths as well as existing public routes not currently identified as bicycle routes by measuring factors including user volumes, mode split and path width. Then in consultation with the City, we will incor- porate additional factors shown to influence quality of a cycling experience, such as grade change, proximity to roadways, pavement quality and aesthetics. Once calibrated and measured, the information from the BQI model can be extracted and applied to other public routes throughout the City identifying potential bicycle facilities. Based on our experience in other cities and in consultation with City staff, we will determine the appropriate and relevant ranking for each factor within the model, and develop a mechanism that will allow for the comparison of all facilities within the network. Together, these tools can provide an objective assessment of conditions and will help us identify routes for improve- ment or routes that bicyclists can be directed to use until improvements are made. Alta will use these models as needed on selected corridors where data is available and conditions warrant this type of analysis. Recommended Bikeways Network Based on the project goals and objectives, technical anal- ysis, and community input, the Alta Team will prepare a draft network bicycle facilities for the City. Since a draft network exists in the General Plan Circulation Element, we expect refinements to help address hot spot and conflict -prone areas. The preliminary network will be illustrated in GIS -based graphics, and text will be drafted describing routes in written form with charac- teristics regarding surface material type, users served, length, etc. The proposed improvements will be listed in matrix format. For liability, funding, and other purposes, we propose to describe the recommended bikeway facilities using the Caltrans classification system identified in Chapter 1000 of the Highway Design Manual: Planning and Design of Bicycle Facilities: Bike Paths (Class I): bicycle or multi -use paths separate from roadways, with at -grade or grade - separated crossings Bike Lanes (Class II): striped bicycle lanes, typi- cally on the right-hand side of roadways Bike Routes (Class III): roadways that provide adequate shoulder or curb lane width and signing, but no striping For the recommended network, GIS maps will be submitted to the City for review and approval prior to preparing the Draft Mobility Plan. Alta has led the way to creating innovative designs and treatments to improve visibility, manage conflict points, and provide low -stress bicycling environments. Alta was the primary author of the NACTO Urban Bikeway Design. Guide, and our staff is proficient in current trends and thinking regarding neve bicycle facilities. Throughout 2A Fi,o4� to-Yki i.Iz `t h!'W i513 Elly 1y�i Pf[gttt9 &cy� FiLNAPe sw agW+:a 1!YMIeaPa, x,.wfi •Rapwea Phro- ni 8av Faary ExrvPnA Prtf'PN Fee1N,».P 4 CwMyPmpW PxiSys Cna• PIb P:aa, CTw:a.>t4ataw.reti YSxPxcvv Alta prepared this Recommended Bikeway Network map for the Manhattan Beach as part of the South Bay Master Plan. the identification of bicycle improvements we will continuously consider both traditional designs such as the Caltrans Bicycle Facilities defined above and the inno- vative treatments identified in the NACTO Guide. We have helped cities throughout Southern California imple- ment new treatments such as bike boxes, green painted bike lanes, sharrows, bicycle boulevards, and separated/ buffered bike lanes, The discussion of liability and engi- neering standards is a key item for review with City staff. As a registered Civil and Traffic Engineer, the Alta Project Manager realizes that City Public Works staff may be hesitant to implement new treatments without careful review of key engineering and legal concerns. We antici- pate a robust dialogue to determine key criteria for use of strategic new treatments, and identification of the best locations to bring these concepts to the City of Newport Beach. The Alta Team will provide recommendations for supportive facilities such as bicycle racks. Recommended Support Facilities A comprehensive bikeways network requires compli- mentary support facilities that provide guidance and are supportive of a diverse population of cyclists with varying needs. The Alta Team will provide recommendations for trailheads and staging areas as well as supportive facili- ties such as lighting, benches, restrooms, informational kiosks, and shelters. Additional facilities specific to bicycling needs include bike detection at traffic signals, wayfinding signage, bicycle racks, storage and lockers, and integration of bicycle needs at the existing Newport Transportation Center (NTC) in Newport Center. Recommended improvements will be described as a series of specific standards, except at major destinations such as City Hall, along the Peninsula and the NTC, where the actual number and type of support facilities will be identified. In addition to infrastructure -related suggestions, the discussion will include policy -specific recommendations relative to improved access to local and regional transit, bike racks on buses, methods of improving bicycle secu- rity such as bike corrals, secure parking areas (restricted card -access areas), bicycle support facilities in land devel- opment, bike storage areas in attended parking lots and garages, building access and restriction guidelines based on best practices. Prioritization and Phasing Recommendations The recommended bikeway improvements will be priori- tizedbasedon both technical data and public input during the community outreach program. Criteria for ranking will be weighted to develop a priority list for improve- ment implementation. Potential criteria for the ranking process include the following with further refinement based on discussions with City staff and the BMPOC: m Community and Political Input • Suitability for Bicycling Without Improvements • Suitability for Bicycling With Improvements • Provides/Enhances Safe Route to School Connection • Address High -Collision History Location(s) • Destinations Served • Enhances System Connectivity • User Type Served • Gap Closure • Social Equity • Potential to Attract High Usage • Current Availability and/or Suitability of Right -of -Way • Cost Effectiveness • Projected Reduction in Vehicle Trips and Vehicle Miles Traveled • Integration into the Backbone System • Transit Interface Potential funding opportunities each require a distinct type of project and documentation of impacts and bene- fits. Because of this, the selected improvements will be developed in sufficient detail to qualify for the most strin- gent program requirements. Our team will work closely with the staff throughout the selection and ranking process, lending expertise on funding, planning, and design guidelines when required. A Phasing Plan will be developed based on the ranking outcome combined with (a) funding availability and requirements, (b) other programmed transportation improvements, (c) eliminating an immediate bottle- neck or safety hazard, and (d) ensuring that the system grows rationally rather than as a series of disconnected pieces over time. The Phasing Plan will recommend a ranking (low, medium, high) to clearly identify which VRf Q 41,[; rg e4atrr±l 1^G251[ improvements would be incorporated into the 5 -Year will the relationship to possible funding and specific Capital Improvement Program (CIP). requirements. Segment Cross Sections & Cost Estimates The Alta team will prepare a project database in Excel listing detailed information on each proposed segment length, corridor condition, and other information. Planning -level costs will be separated between land cost (if any), site preparation, planning, design and engi- neering costs, construction costs, and environmental documentation/mitigation costs (if any). Unit costs for design, construction, and environmental clearance of facilities will be discussed with City Public Works and Community Services staff to ensure the costs match recent bids in the City and area. Staff from Stantec has provided engineering services directly to City of Newport Beach and is familiar with construction unit rates. Maintenance Costs for each segment will be evaluated according to an estimated cost -per -mile and estimated annual maintenance and operation costs by implemen- tation phase based on comparable experiences. The Department responsibility will also be identified, as Detailed 1 -page Fact Sheets will describe key characteristics of proposed route segments. 261'Via Ph"�l rti u{tt u rtF a<h Detailed 1 -page Fact Sheets will be organized for up to ten (10) distinct segments to position the City for implemen- tation by agency staff. Key items for summary on the Fact Sheets include: • Segment Name and Geographic Location • Proposed Facility Type • Dominant Land Use • Dominant Users (commuter, recreational, etc) • Trail/Bikeway Surface Material, Width, Grade, and Length • Fencing Need and Material Type • Cost Estimate for Implementation • Jurisdictional & Department Responsibility • Schedule for Implementation • Required Actions The detailed Fact Sheets will serve as a guide for imple- mentation of the bikeways network by City staff. Sample boss-SeR)ans (Proposedl o-waysne<r TwJIbYA Mwl(f0 wNro<w6) I 6 Yer a �Hrutwr>se,l I r.,.wy�w I nwm, w Irrnna It0'flwamy—> �Sign T. W Alta will develop a recommended wayfinding and signage plan for Newport Beach. The signage concepts above were created for the South Bay Bicycle Master Plan. Wayfinding and Signage Plan The Alta team will develop a recommended wayfinding and signage plan for the City, including a combination of a Caltrans -approved route numbering or naming system, and a directional wayfinding system to the City's bike parking, NTC, peninsula, Newport Center, Back Bay, and other major destinations. Alta will develop a map showing the proposed route numbering/naming system, an initial graphic showing existing wayfinding signage styles in California, refine this graphic based on staff input, and then develop a final set of wayfinding proto- type signage. We will also develop recommended instal- lation prototype guidelines and standards, Engineering Recommendations Summary A technical memorandum will be prepared summarizing the recommended network, the prioritization, the fact sheets, implementation & funding {per Task 4}, and the wayfinding program. GIS -based graphics will illustrate the recommendations for consideration by City staff and the BMPOC. Task 1 B - Education Education and Marketing Programs Becoming a truly bicycle -friendly community requires a multi -faceted approach, including strategies beyond tradi- tional engineering and infrastructure projects. Utilizing traditional and innovative approaches to programming and infrastructure, the City has the potential to expand the active transportation network and role of bikeways in the life of residents and visitors to Newport Beach_ Alta will work with the City to identify existing educa- tion and marketing programs offered by the City, Police Department or other agency/group to improve bicycle and pedestrian safety. A program considered by the CBSC includes the concept of a Safety Village where a school or large area such as the Big Corona parking lot is utilized to instruct elementary -age children to safely ride and function with cars and traffic controls. Bike Rodeos may already be employed by the Policy Department and can serve a similar purpose. Positive efforts by City/Policy Department staff and the community advocates can 127 Education and encouragement programs are intended to foster excitement about bicycling as a community. Alta is the only planning firm with a department dedicated to education and encouragement for non -motorized programs. initiate real and lasting changes for the better. Potential educational campaigns may address topics such as the following: Public Education Campaign Aimed at Cyclists &c Driver Behaviors • Expanded Safe Routes to Schools Programs • Safety Education Messages in City Publications • Helmet and Bicycle Light Giveaway Programs Alta will provide suggestions for improvements specific to bicycling within the community considering the diverse spectrum of user types such as athletic ,fast, cyclists, recreational cyclists, and cyclists commuting to employment. These recommendations will be based both on results of the previous tasks that identified problem areas plus experience gained in communities around the region and the United States. Alta is the only bicycle and pedestrian planning firm with a department dedicated to the education and encouragement for non -motorized programs. Bicycle Network Map The City's existing GIS -based Bicycle Network Map will be integrated with the GIS mapping performed as part of the network inventory and development. A bikeways focused map layer will be made available for the City to publish. We will discuss with the City which layers are desirable to include, and when the map should be printed. 20 Gty"' tt":ix "¢a`ph' meq+�asidc Task 1C - Encouragement Recommended Activities Encouragement activities include a variety of events, contests, and promotional activities intended to foster excitement about bicycling in a community. The Alta team will review existing encouragement efforts in Newport Beach and recommend additional programs to promote bicycling in the city, such as: • Sunday Parkways • Bike Buddy Programs • Safe Routes for Seniors • Women on Bikes • Walking/biking/transit mobility maps • Bicycle Benefits Program • Business/Employer Incentive Programs • School Bicycle Trains • Bicycle Valet at Major &c Civic Events Bicycle Friendly Business District Plan (Optional) While not included within the REP, our project team feels the City of Newport Beach would benefit from including an optional task to establish a Bicycle Friendly Business District Plan (BFBD). We have included on our project team April Economides, a local expert who has created successful. BFBD's within the City of Long Beach and the City of San Diego. As an optional task, the Alta Team can establish a Bicycle Friendly Business District Plan As an optional task, Alta will collaborate with Green Octopus Consulting (a sustainability strategy and communications firm based in Long Beach) to prepare a BFBD. Green Octopus Consulting designed and managed the nation's first Bike -Friendly Business District program for the City of Long Beach. The BFBD may include the following components and can be tailored as needed: Up to two (2) presentations on the business case for local bicycling and how to create bike -friendly business districts. We recommend potential meet- ings with business groups and organizations such as the Newport Beach Chamber of Commerce, the Corona del Mar Chamber of Commerce, and merchants along the Balboa Peninsula. The concise presentation is oriented towards business owners with duration of approximately one hour when accounting for presentation as well as questions and answers. • Up to two (2) workshops to develop action items and implementation for one or more business districts. • Action -oriented bike -friendly business district plan for one district or entire city. • Personalized outreach to business owners and association leaders. Task 1 D - Enforcement Alta will work with City staff and the Newport Beach Police Department to document current enforcement practices, and will provide suggestions to improve safety for bicyclists and other road users. Examples include a traffic safety diversion program (instead of tickets for bike -related infractions) and walking &z bicycling legal training. Case studies of enforcement programs will be highlighted. Additional enforcement activities include targeted police enforce- ment at specific locations/areas, age-specific bicycle safety programs, and establishment of a law enforcement referral process. Existing city codes pertaining to the operation of bicycles will be reviewed and benchmarked against comparable cities to identify areas for improvement. Task 1E - Evaluation and Planning The RFP suggests that evaluation work including field research, collision analysis, surveys, and counts be performed in Task IE. In sequential terms, most of this work will be undertaken prior to the development of the recommended network; therefore, we have proposed these tasks be included in Task IA. Other requirements outlined in the RFP for this subtask such as examina- tion of existing educational programs is proposed to be performed prior to task 113. Benchmarking and Performance Measurement Tools System usage is best gauged through a combination of bicycle counts (manual and automated) and user surveys (refer Task IA). The results can then be published in a regular report card tracking the trends in bicycle usage in Newport Beach. System expansion can be moni- tored through GIS mapping. To assess performance against the goals identified at the project outset, Specific, Measureable, Achievable, Relevant and Time bound (SMART) measures will be identified. Benefits Analysis Alta has extensive experience in quantifying the benefits of investments in bicycle facilities, including economic, environmental, health and fitness, and convenience and quality of life. For example, we have calculated the regional medical cost savings of increased exercise partly generated by new opportunities to bicycle. Our staff has developed a trip reduction methodology for the bicycle mode that is now being used around the country. Using results of the needs analysis, U.S. Census figures, and adjustment factors for Newport Beach, a long term kta estimate of bicycle mode split can be made and translated into reduced vehicle trips, saved parking spaces, and reduced air pollution. We expect that the economic and public health impacts will play a key role in public accep- tance of improved facilities for Active 'Transportation. Wbile improving bicycle mode split may be appealing from a planning perspective, this topic is typically too theoretical to gain traction within the community. Therefore, discussion of health and economic benefits within Newport Beach and the relationship with quality of life indicators will have a stronger impact in the polit- ical and community arena. Finally, the Alta Team will summarize the role of bicyclists in a multi -modal trans- portation system. 4 E's Summary A technical memorandum will be prepared summarizing the recommendations specific to non -engineering tasks including Education, Encouragement, Enforcement, and Evaluation. Maps and potential measures for implemen- tation by the City with horizon dates will be identified. Task 7 deliverables Existing Conditions Summary Memorandum 10 Fact Sheets on Priority Segments Engineering Recommendations Summary Memorandum Optional Bicycle Friendly Business District Plan » 4 Es Summary Memorandum Task 2 - Agency and Public Participation The public participation program will seek to engage a range of stakeholders in providing input for the Bicycle Master Plan: multiple City departments, partner agen- cies, local bicycle advocacy groups, and the general public. Special efforts will be made to engage commu- nity members who are potential users of bicycle facilities but who are not involved in advocacy groups—as well as drivers who will be sharing the roadway with people on bicycles. Understanding that there are several distinct communities within the City of Newport Beach, the Alta team will design outreach and participation to involve community members from all areas including the penin- sula, islands, coastal communities, and central Newport Beach. SA 0 � Ci yofNe putBS Y' .1L Na 1" Y" D 4_t�rt Task 2A — Public Participation Strategy Effective outreach and participation begin with a .system- atic identification of the stakeholders who should be involved and avenues for reaching those stakeholders. The ALTA team will work with the City to identify stake- holders and outline a schedule of activities that will be undertaken to inform them about the project and engage them in providing input. The schedule will include the subtasks below as well as activities that the City, BMPOC members, and other partners can undertake. Task 213 – Public Outreach Materials For a successful public participation process, efforts must be made to generate widespread awareness about the project among diverse community members—avid riders as well as community members who are all potential users of the bikeway network. The Alta team will provide a variety of materials for outreach efforts, as determined in collaboration with City staff and the BMPOC. The budget provides for the following materials: Project logo. A visual brand for the project will create a higher level of recognition and excitement. The Alta team will create a color logo that can be used on promotional materials and as a button on the City website, providing a link to the project website. The budget for this item assumes the development of several alternatives, and one revi- sion of the selected alternative. A visual brand for the project will create a higher level of recognition and excitement. Alta created this logo for the County of Marin. . Outreach stations. The Alta team will conduct outreach at up to three (3) locations with high pedestrian and bicycle traffic such as commu- nity events, along the Back Bay Trail, at the Muth Interpretive Center, the farmers' market, Newport Pier, the main library and other City facilities. If permission is granted, these locations will include privately owned shopping centers such as the Crystal Cove Promenade or Fashion Island. Materials will be created to set up an outreach table to distribute flyers and small handouts with the survey URL, describe the project, ask people to sign up for entails, and engage commu- nity members in a simple exercise with a map or Post -Its. The Alta team will attempt to recruit community volunteers to help staff more of these tables. Giveaway items. Fun giveaway items provide a small reward and sense of ownership to people who stop by an outreach station or participate in a workshop. The Alta team will develop a design for an item such as a button, magnet, or small bike accessory using the project logo. The cost of buttons is included in the project budget; other promotional items would need to be paid for by the City. The Alta team can present the City with a few inexpensive options from promotional catalogs, and place the order desired. Flyers. The Alta team will design up to three flyers over the course of the project to promote upcoming opportunities to participate, including the survey and BMPOC meetings/worksbops. These may be posted in bike shops, distributed through email, and posted on the project webpage for down- loading and social media linkbacks. Website. The Alta team will host a blog-style website for the project through a third -party vendor such as WordPress with a custom domain name that is easy to remember. This type of site feels more dynamic, provides simple polling tools, and makes it easy for visitors to share content with their friends through social media. The website will provide a portal to the online survey and interactive map, as well as providing project infor- mation and downloadable materials. A link will be provided so that visitors can sign up for email updates. B�keMobue A dynamic project website will provide simple polling tools, and makes it easy for visitors to share content with their friends through social media. • Email updates. The Alta team will maintain an email list of people interested in following the project, and will send up to three brief emails to this list to promote upcoming opportunities to participate and provide feedback on the Master Plan. These emails will also be available to City staff for forwarding to City email list subscribers. • Social media items. In conjunction with the email updates, the Alta team will provide short items for the City to post on its Facebook page and tweet through Twitter. • Press releases. The Alta team will draft up to three press releases over the course of the project for the City to distribute to local media to provide information about the Master Plan project and key findings, and promote participation. Task 2C — BMPOC Meetings/Workshops The Bicycle Master Plan Oversight Committee (BMPOC) meetings will be used as the primary vehicle for presenting formal public updates about the development of the Bicycle Master Plan and receiving guidance from an organized body representing different stakeholders. All BMPOC meetings will be open to the public to satisfy Brown Act requirements. We propose categorizing the twelve (12) BMPOC meetings (as required by the RFP) into the following types of meetings to ensure dynamic meetings with attendance by varying members of the public: RIPI3 ear,yr� ktmv Pi,� . (31 c_.tN` umi]y , L,, qa The BMPOC meetings will focus on four different aspects of the project to ensure dynamic meetings with attendance by varying members of the public 32�dF#i>. 11,y +fL j:5 Data! Up to five meetings would be organized primarily for sharing data on the Plan and facili- tating discussion among the appointed BMPOC members. These would be timed to present find- ings from the field studies and analysis, discuss input received at the workshops/open houses, and solicit input on concepts and draft recommenda- tions. We recommend up to three (3) dedicated bike rides be organized before or after Data! Meetings to increase public awareness, interest, enthusiasm, and confidence in the planning process. The bike rides also provide an opportu- nity for stakeholders to provide direct input and to experience low and high stress situations as a group. Alta will work with City staff and the BMPOC to organize the bike tours and determine suitable routes for the rides. Learn! Up to three educational sessions would be devoted to presentation and discussion of special topics such as innovative bike facilities, health benefits of bicycling, and bicycle -related economic development, and sharing the road. These could be held at more casual community venues in conjunc- tion with mixer -type social events to draw more attendance. Engage! Up to three workshops and open houses will be held in which the BMPOC members become the hosts of a larger public forum, and help the Alta team to collect input from community members. The objectives of these events would be to identify priority locations for development of new bike facilities and programs, understand preferences for bike facilities, and gather ideas for educational efforts and programs. The specific activities in these workshops or open houses will be determined through discussion with City staff and the BMPOC. Through presentations or displays, the Alta team will present information on the project, preliminary findings, and prelimi- nary recommendations. Displays will include maps of existing and proposed bikeways, locations with identified gaps and issues, and conceptual designs of roadway treatments; as well as examples of bike facilities, types of bicycle parking, and wayfinding signs. A variety of activities will engage participants in providing input as individuals and in group discus- sions. If held in an open house format, BMPOC members may help to staff stations. If held in a workshop format, BMPOC members may listen to small group discussions, help to collect and orga- nize input, or assist with facilitating or recording group activities. Youth! The youth in a community have particular insight into what it is like to get around without a car, and streets that are safe for children are safe for everyone. For these reasons, a special youth - oriented event is recommended that is focused on the biking needs of youth in Newport Beach. Youth workshops work best when they are held in locations where youth are already gathered, such as schools or recreation centers. The Alta team will reach out to organizations such as the YMCA, Boys & Girls Club, school district, high schools, and libraries to publicize the event and determine a suitable location to draw youth from throughout the City. As in the workshops/open houses, BMPOC members would help to facilitate discussions and activities with the youth (this will probably be their favorite BMPOC meeting!). To promote participation of BMPOC members and other residents in different Newport Beach communi- ties, the BMPOC meetings and workshops should be held in different locations, at times convenient for the general public. The Alta team will work with City staff and the BMPOC to identify appropriate locations and times. Notice for the meetings will be provided as part of the outreach efforts described in the Public Outreach Materials subtask, in addition to email notices that the Alta team will send directly to the BMPOC members. Task 2D - Public Agency Stakeholder Meeting The Alta team will facilitate one meeting for adjacent cities and public agencies that have an interest in bike- ways such as Caltrans, OCTA, adjacent cities, State Parks, and the County of Orange. These stakeholders will help to identify opportunities, provide feedback on bikeway feasibility, and provide technical input on the Master Plan development. The Alta team will draft an invitation and work with City staff to create a list of agencies for the City to invite. Task 2E - Survey In order to gather information about desired bike facili- ties and improvements throughout Newport Beach, the Alta team will develop a survey aimed at creating an understanding of current bikeway users, key issues that are discouraging use of bikeways, and improvements or programs that would encourage bicycling. The Alta team will also design a printable version of the survey for more limited use. The budget for this task includes up to $150 in prizes or gift certificates from local bike or outdoor gear shops to encourage participation. Task 2F - City Council Presentations The Alta team will attend two (2) City Council meetings at the appropriate times as determined by the consul- tant team and City staff. The Alta team will provide an overview presentation of the project and update the Councilmembers on the project status with graphics and illustrations to show recommendations where possible. Task 2 Deliverables Schedule for Public Participation Activities >, Project Logo in JPEG format o Pop -Up Outreach Stations at three locations (attendance by 2 Team Members) Design and assistance producing one type of give- away item Design for up to three (3) flyers (PDF) Blog-style website, and up to three (3) substantial updates Setup and maintenance of email list; up to three (3) email updates Up to five (5) short items for distribution through City's social media Content for up to three (3) press releases Facilitation of up to twelve (12) BMPOC meetings/ workshops (attendance by 2 Team Members) Email notices and agendas sent to BMPOC members n One (1) Public Agency Stakeholder Meeting • Interactive online map tool and survey u Design for printable version of survey (PDF) » Up to $150 in prizes or gift certificates Summary of input received through survey Agendas, sign -in sheets, presentation materials, and other items for Consultant Team -led meetings Summaries of input received at meetings and work- shops/open houses Presentation materials for two (2) City Council meetings (attendance by 4 Team Members) PH a R;q e9 c ° e,. (33 4¢fik i i�+E, ,,,r Task 3 - Bicycle Master Plan Report Task 3A - Draft Bicycle Master Plan Based on the tasks outlined above, Alta will prepare a Draft Bicycle Master Plan for Newport Beach that is consistent with the city's General Plan, The Draft Bicycle Master Plan will be developed with the twin objectives of: • Providing the blueprint for a comprehensive system in Newport Beach that makes bicycling for all purposes and by all users accessible, safe and desir- able, and • Providing a strong, strategic, funding plan for bicycle facility expansion, improvement and imple- mentation citywide. Alta will submit ten (10) hard copies and an electronic copy in PDF format on CD-ROM of the Draft Plan for revievv by Newport Beach staff. The Bicycle Master Plan will include the following elements: • Policy review and vision statement • Comprehensive bikeway system with support facilities identified • Prioritization and phasing recommendations • Fact Sheets on priority corridors e Implementation and funding strategies (per Task 4) • Wayfindfng and signage plan • Recommendations for bicycle education, encour- agement, enforcement, and evaluation programs Following submittal of the Draft Bicycle Master Plan, there willbe a comment period by City staff, the BMPOC, and the public. Task 3B - Final Bicycle Master Plan A Final Bicycle Master Plan will be prepared addressing City -consolidated comments on the Draft Plan. Alta will address the Draft comments and incorporate them into the Final Plan. We will submit one electronic version of the Final Draft Plan to city staff for review to ensure that comments have been adequately addressed. Upon approval, Alta will produce five (5) bound hard copy documents, and one electronic version (MS Word and PDF) version of the Final Bicycle Master Plan, 34 t=a ft girt The Bicycle Master Plan will provide a blueprint that makes bicycling for all purposes and by all users accessible, safe and desirable. Task 3 Deliverables Draft Bicycle Master Plan (10 hard copies, l elec- tronic copy) Final Bicycle Master Plan (5 hard copies, l eler tronic copy) Task 4 - Implementation Plan Implementation of the bikeway network consists of discrete steps completed sequentially, from ranking and phasing of each project to application of design standards, development of capital and maintenance costs, funding, and a capital improvement plan. Alta will work with Newport Beach staff from Community Services, Public Works, Planning and Building and other departments (as appropriate) to formulate an implementation strategy that includes details on cost, responsible department, scheduling, and appropriate funding. An Implementation Plan for fundable, high priority proj- ects for the short-term will be developed, along with an unconstrained implementation plan for the long-term. Changes to existing City Standards, Codes, and/or poli- cies are part of the Bicycle Master Plan (Tasks 0 and 1). Task 4A — Implementation & Design Guidelines Implementation Strategies The pathways to implementation tasks identified above include technical analysis to refine the bikeways network, preparation of a recommended network, inclusion of innovative strategies, identification of support facili- ties, prioritization and phasing, and development of fact sheets. The steps leading to this effort will be oriented to implementation of specific projects within the 5 -Year CIP and defined projects that can be brought to fruition by City staff. The residents, community stakeholders, and elected offi- cials have voiced their interest in realizing improvements inthenear-term. The Alta Team will work with City staff to identify the projects that will be included in the 5 -Year CIP, and identify projects that have ,positive potential for grant funding. The fact sheets and cost estimates will be coordinated with City staff to ensure the design, costs, and responsible parties at City Hall are clearly delineated. The Alta Team has personal interests in seeing the improvement come to reality as our team members live locally and enjoy the City of Newport Beach on a year- rou nd basis. Funding Strategies Implementation through grant opportunities is preferred over use of City General Fund revenues. Therefore, we will include a robust discussion of funding strategies to guide City staff for implementation of the bikeways network. The Alta team has successfully helped commu- nities around the country apply for and receive over $50 million in funding for bicycle facilities. Alta has an in-house grant writing group who are experts at identi- fying funding opportunities and matching projects with The Alta Team has personal interests in seeing improvements come to reality as our team members live local ly a nd enjoy the City of Newport Beach on a year-round basis. the right grant. Our team is familiar with virtually all state and federal sources of bikeway funding, including funding sources in the recently adopted MAP-211egisla- tion. We are also aware that funding is much more likely from all sources when it comes from a variety of local, state, federal, and public and private sources. The City's leveraging of local match money can position for much larger pools of money to bring the plan to reality. The Alta team will identify potential matching and major funding sources, associated criteria and requirements. Costs of the phased improvements will be compared with funding needs, so that long term programming for local matching funds can be accomplished. Potential categories of funding sources for inclusion in the report include the following: Local public works and parks and recreation CIP budgets + OCTA Bicycle Corridor Improvement (BCI) Program • Safe Routes to Schools Programs • State bike grants • Local improvement districts • Transportation user fees • Developer impact fees • Local bond measures • Local gas tax + Local sales tax • State agencies • Federal government • MAP -21 • Non-profit organizations + Corporate sponsors + Zoning requirements + Air quality grants The Alta team will explore funding options from public and private sources, contacting our network of funding specialists around the U.S. to determine the availability and requirements for grants. Design Guidelines The Alta Teamwill work with city staff to coordinate the development and assembly of one comprehensive set of bicycle design guidelines for Newport Beach consistent S'X i}1311, s'4j Y,¢ I"&) 35 �'}[ with state and Federal standards and practices. Alta will prepare an opening chapter that discusses the various guidelines and how they relate to one another, followed by the design guidelines. It is anticipated that many bicycle treatments included in the design guidelines are not included in the California Manual on Uniform Traffic Control Devices (CA MUTCD). To help guide City staff, the Alta Team will provide enhanced discussion of appro- priate usage of non -standardized treatments with loca- tions where the treatment has been implemented, typical costs, best practices, and illustrations & photographs showing what the treatment would look like. We will work with City staff to develop a robust set of guide- lines that can position the City for careful implementa- tion and appropriate placement of treatments. The best practices guidance will be key to help educate both the public and City staff on where to utilize bicycle treat- ments to address stakeholder preferences to see innova- tive but non -standardized treatments implemented more frequently. Task 4B - Bicycle Transportation Account Compliance In order to provide maximum clarity for the City, regional agency and Caltrans staff reviewing the updated Mobility Plan for Bicycle Transportation Account (BTA) compli- ance, Alta will prepare a separate chapter summarizing how the plan satisfies each of the BTA -required elements of the Streets and Highways Code 891.2 (a -k). This chapter will allow reviewing staff to go to a single chapter in the document to confirm that all BTA -required elements have been met, thus avoiding the need to search throughout the document for the various applicable sections. This BTA compliance chapter can be provided at the begin- ning of the document, or as one of the appendices. All of Alta's bicycle plans in California have been approved by Caltrans and we are experts at ensuring that each local agency qualifies for this and other funding. Task 4 Deliverables Implementation Guide and Design Guidelines Bicycle Transportation Account Compliance Summary Task 5 - Bicycle Friendly Community Application Support Task 5A - BFC Application Bicycle Friendly Communities are places that have committed to improving the bicycling environment and are highly desirable communities to live, work, and play in. This often results in increased property values, busi- ness growth and increased tourism. Bicycle -friendly communities are places where people feel safe and comfortable riding their bikes for fun, fitness, and trans- portation. With more people bicycling, communities experience reduced traffic demands, improved air quality and greater physical fitness. Developing a comprehensive Bicycle Master Plan is a great step in becoming more bicycle -friendly. Upon adop- tion of the Plan, Alta will prepare an application on behalf of the City of Newport Beach to be recognized as a Bicycle Friendly Community through the League of American Bicyclists. The City of Newport Beach will assist Alta in data gathering, and Alta will compile existing efforts and applicable information for application submittal. Task 5 Deliverable Application for Bicycle Friendly Community Bicycle Friendly Communities are places that have committed to improving the bicycling environment and are highly desirable communities to live, work, and play in. 361 (�' j aflNmqa tFwsth 4,a Fideil6y Dx�i._7a'. lye '• r° "" � � # � • The schedule has been carefully organized to sequence key tasks, meetings, and deliverables, providing an efficient process and early and thorough review of all products as they are developed. Task 0. Project Initiation Task 1.5 E's Development Task 2. Agency and Public Participation Task 3. Bicycle Master Plan Report Task 4. Implementation Plan Task S. BFC Application Support EMEMENIM Schedule shown assumes City Issues Notice to Proceed in May 2013 37 EXHIBIT B SCHEDULE OF BILLING RATES Alta Planning and Design, Inc. Page B-1 Cost/Fee Proposal Alta's proposed fee breakdown by task is presented below. We are flexible in developing an allocation of work effort and budget that best meets the needs of the City. 2013 Hourly Rate* $210 $155 $105 $95 $183 $150 Task 0. Project Initiation 4 10 4 8 6 4 42 $5,265 Task 1.5 E's Development 11 52 116 297 77 4 519 $60,870 Task 2. Agency and Public Participation 2 50 4 60 18 151 285 $40,225 Task 3. Bicycle Master Plan Report 3 12 24 48 0 0 87 $9,570 Task 4. Implementation Plan 4 9 18 36 4 0 71 $8,275 Task 5. BFC Application Support 1 2 10 0 0 0 13 $1,570 Staff Hours 25 135 176 449 105 159 1017 $130,285 Reimbursable Expenses &Travel $2,500 Project Total $5,250 $20,925 $18,480 $42,655 $19,125 $23,850 $132,785 Dptional Tasks Bicycle Friendly Business District Planning 84 84 $7,980 (Green Octopus) *These are fully burdened rates that include salary, benefits, firm overhead charges, administrative fees and profit RFP No. 13-43, Bicycle Master Plan I 1 Alta Planning + Design I alta PLANNING � [IESIGN Alta Planning + Design Standard Billing Rates Classification Rate Principal I $285 Principal II $210 Principal III $185 Senior Associate $155 Associate 1 $135 Associate II $120 Senior Planner $95 Planner I $95 Planner II $85 Senior Designer $105 Designer I $95 Designer lI $85 Program Manager $110 Outreach Coordinator $90 GIS Planner $85 Graphic Designer $85 Engineer $125 Interni $55 Intern II $35 Senior Admin $100 Admin I $80 Adnan II $60 The charges per hour shown are effective through December 31, 2013 and subject to revision annually thereafter. Subconsultant fees shall be charged at actual cost. Expenses: Reimbursable expenses shall be charged at actual cost. Mileage on project tasks shall be charged at the IRS standard rate. Reproduction Costs: Color copies $0.50 /page Black and white copies $0.10 /page 24" x 36" large format plot $15.00 /sheet 36" x 48" large format plot $30.00 /sheet 21 City of Newport Beach Alta Planning+ Design EXHIBIT C INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1. Provision of Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. B. General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, one million dollars ($1,000,000) general aggregate. The policy shall cover liability arising from premises, operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract. C. Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented Alta Planning and Design, Inc. Page C-1 vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. D. Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the Effective Date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City and its officers, officials, employees, and agents shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self- insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation (except for nonpayment for which ten (10) calendar days notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Alta Planning and Design, Inc. Page C-2 Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant sixty (60) calendar days advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation. C. Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any. actual or alleged failure on the part of City to inform Consultant of no -compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. D. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. E. Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these requirements unless approved by City, F. City Remedies for Non -Compliance. If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. G. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. H. Consultant's Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. Alta Planning and Design, Inc. Page C-3 Client#: 835015 ALTAPLAN ACORD. CERTIFICATE OF LIABILITY INSURANCE bAT1912DO�YYYY) 013 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 NAME: T Karen $arry USI Northwest PHON£ 503 224.8390 700 NE Multnomah, Suite 1300 BeAl�° E": lac, Nom: _8.10 362.8130 ?OGRESS: karen.barry@usi.biz Portland, OR 97232 iNSURER(S)AFFORDINGCOVERAGE NNC# 503 224-8390 — 503 - INSURER A, Travelers Indemnity Company ;25658 INSURED E INSURER a; Travelers Property Casualty Ins 36161 Alta Planning and Design, Inc.'—�- INSURERc:SAIF Corporation 3619$ 711 BE Grand Avenue IN..R£Ro, ,Zurich American Insurance Compa 16535 Portland, OR 97214 _.__.. _.._...... ..._........._..�_.. INSURER E: Continental Casualty Company20_443 _ INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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 CONTRACTOR 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. !NSR AOOLSUBft LTR TYPE OF INSURANCE INE POLICY NUMBER POLICY EFF TPOIICY EXP MMIDO/YYYY MMIDDf LIMITS —)..�Il..__r._ ._�._..._.. A GENERALUABRITY _ _ $80$6259484 6101/2013106101/2014 EACH OCCURRENCE 1$2,000,000 $ X`COMMERCIAtGENERAL LMa¢liY 6$0$6259331 A TD RENTED fi1011201310$I01T201AF�RE�FESIEannce,nan. ?51,000,000 CLAIMS -MADE FxI OCCUR ( MED EXP (My are person) $10,000 PERSONAL&ADViNJURY $2,0_00,000 GENERAL AGGREGATE 64,000,000 PRODUCTS -COMPIOPAGG $4,000,008 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY 1 4111 RO. LOC ..._____.. $ __._. ._._.....-.._ B AUTOMOBILE LIABILITY BA7A574417 7/01/2013 07/01/201 Ee aBc deDtSMGLE LIMIT 1,000,000 X ANYAUTO ! BODILY INJURY (Per person) $ ALL OWNED SCHEDULED.m I OILY INJURY acnident) $ AUTOS AUTOS NON OWNED X HIRED AUTOS X AUTOS Gr PRD_ 'PROPERTY DAMAGE 1136raccident $ _ A X UMBRELLA LIAR LJOCCUR CUPSB259933 6/01/2013 06/0112014 EACH OCCURRENCE 85,000.000 EXCESS LIAR CLAIMS -MADE I AGGREGATE$5,000000 ._ `..._._. .$.._._... DED RETENTIONS WO Rusts COMPENSATION C ... 771940 WCSTATU- ; OTH- 910112012}09t0it201 X T Rv I .R D' AND EMPLOYERS'tiAettTfY Y;N ANY PROPRIETOMPARTNER+EXECUTIVE— $997$92 9/0112012091011201 E.L EACH ACCIDENT $1,,0,00,000 OFF10ERIMEMBER EXCLUDED?,: Y; NIA (Mandatory in NH3 E.L. DISEASE - EA EMPLOYEE $1 000 OOO If r 6ldescre a under DESCRIPTION OF OPERATIONS below E L DISEASE -POLICY LIMIT � $1,000,000 E ':Professional MCH114135257 7/0112012'07/01/201 $3,000,000 Per Claim !Liability $4,000,000 Aggregate I DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more apace to required) RE: Projects as on file with the insured Including but not limited to the City of Newport Beach Bicycle Master Plan Development project. The City of Newport Beach, and its officers, officials, employees, and agents are added as Additional Insureds for General Liability and Auto Liability as required by written contract or agreement per attached endorsements CGD3810907 and CAT4200710. Coverage applies on a primary and non contributory basis and is (See Attached Descriptions) City of Newport Beach PO Box 1768 Newport Beach, CA 92658-8915 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 rREPT;T:674174T61 ZT117 ACORD 25 (2010105) 1 of 2 The ACORD name and logo are registered marks of ACORD #S10329207/M9802732 SRMZP reserved I DESCRIPTIONS (Continued from Page 1) 1 primary to other insurance that is available to the Additional Insured as required by written contract or agreement per attached form CGD0370405. Waiver of Subrogation applies to General Liability, Auto Liability and Workers' Compensation policies. Workers' Compensation waiver of subrogation provided as agreed by written contract or agreement per the attached form WC040306. Should described policies be cancelled before the expiration date thereof, the issuing company will mail 30 days advance written notice to the certificate holder named, except for nonpayment and Workers Compensation. 2 of 2 #S103292071M9802732 11 11 POLICY NUMBER: 680-86259331 POLICY NUMBER: 680-86259484 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 11): Any person or organization that you agree in a B. "contract or agreement requiring insurance" to in- clude as an additional insured on this Coverage Part, but only with respect to liability for "bodily in- jury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing opera- tions; 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 per- son or organization has assumed liability in a con- tract or agreement. The insurance provided to such additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organization for which cover- C. age as an additional insured specifically is added by another endorsement to this Cover- age Part - e. This insurance does not apply to the render- ing of or failure to render any "professional services". C The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that "contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declara- tions for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section 111) for this Coverage Part. 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 Cov- erage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such addi- tional 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 insur- ance 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. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DITIONS (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 insur- ance" with such person or organization entered into by you before, and in effect when, the "bodily CCs D3 51 09 47 @ 2007 The Travelers Companies, Inc. Page 1 of 2 Includes the copyrighted material of Insurance Services Office. Inc., with its permission COMMERCIAL GENERAL LIABILITY injury" or "property damage" occurs, or the "per- sonal 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 un- der which you are required to include a person or organization as an additional insured on this Cov- erage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal in- jury" 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. Page 2 of 2 © 2007 The Travelers Companies, Inc. CG D3 8109 07 Includes the copyrighted material of Insurance Services Office, Inc., with its permission 11 Policy No. BA7A574417 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE - This endorsement broadens coverage. However, coverage for any Injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages, Read all the provisions of this en. dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BLANKET ADDITIONAL INSURED B. EMPLOYEE HIRED AUTO C. EMPLOYEES AS INSURED D. SUPPLEMENTARY PAYMENTS - INCREASED LIMITS E. TRAILERS - INCREASED LOAD CAPACITY F. HIRED AUTO PHYSICAL DAMAGE G. PHYSICAL DAMAGE - TRANSPORTATION EXPENSES - INCREASED LIMIT A. BLANKET ADDITIONAL INSURED The following Is added to Paragraph Ai., Who is An Insured, of SECTION 11 - LIABILITY COV- ERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or property damage" occurs and that is in effect during the pofiicy period, to be named as an addi- tional insured is an "insured" for Liability Cover- age, but only for damages to which this insurance applies and only to the extent that person or or- ganization qualifies as an "insured" under the Who is An Insured provision contained in Section IL M lids B. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who is An Insured, of SECTION 11 - Ll - RIM COVERAGE: An "employee" of yours is an "insured" while —` operating a covered "auto' hired or rented under a contract or agreement in that "em- ployee's" name, with your permission, while H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT - INCREASED LIMIT I. WAIVER OF DEDUCTIBLE - GLASS J. PERSONAL EFFECTS K. AIRBAGS L. AUTO LOAN LEASE GAP M. BLANKET WAIVER OF SUBROGATION performing duties related to the conduct of your business. 2. The following replaces Paragraph b. In 8.5., Other Insurance, of SECTION IV - BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you tease, hire, rent or borrow, and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while perform- ing duties related to the conduct of your business. However, any "auto" that Is leased, hired, rented or borrowed with a driver is not a covered "auto". C. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION 11 - LIASIUTY COW ERAGE: CA Td 24 47 10 Sr 2010 The Travelers Indemney Company. Ail rigt»s reserved. Page 1 of 3 includes ospynghted material of insurance Services of % Inc. With its permiseion. COMMERCIAL AUTO Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. D, SUPPLEMENTARY PAYMENTS —INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2) of SECTION 11— LIABILITY COVERAGE: (2) Up to $3,000 for cost of bait bonds (in- dWing bonds for related traffic law viola- tions) required because of an "accident` we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4) of SECTION 11— LIABILITY COVERAGE: (4) All reasonable expenses Incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. E. TRAILERS — INCREASED LOAD CAPACITY The following replaces Paragraph C.I. of SEC- TION I — COVERED AUTOS: 1, 'Traders` with a load capacity of 3,000 pounds or less designed primarily for travel on public roads. F. HIRED AUTO PHYSICAL DAMAGE The following is added to Paragraph AA., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Hired Auto Physical Damage Coverage if hired "autos" are covered "autos" for Liability Coverage but not covered "autos" for Physical Damage Coverage, and this policy also provides Physical Damage Coverage for an owned "auto", then the Physical damage Coverage is extended to "autos" that you hire, rent or borrow subject to the following: (1) The most we will pay for "loss" in any one "accident" to a hired, rented or borrowed "auto" is the lesser of: (a) $50,000; (b) The actual cash value of the damaged or stolen property as of the time of the "loss": or (3) If a repair or replacement results in better than like kind or quality, we will not pay for the amount of betterment. (4) A deductible equal to the highest Physical Damage deductible applicable to any owned covered "auto". (5) This Coverage Extension does not apply to: (a) Any "auto" that is hired, rented or bor- rowed with a driver, or (b) Any "auto" that is hired, rented or bor- rowed from your"employee". G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES - INCREASED LIMIT The following replaces the first sentence in Para- graph AAA., Transportation Expenses, of SECTION III — PHYSICAL DAMAGE COVER- AGE: We wit pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT— INCREASED LIMIT Paragraph C.2.. Limit Of Insurance, of SEC- TION 111 — PHYSICAL DAMAGE COVERAGE is deleted. 1. WAIVER OF DEDUCTIBLE—GLASS The following is added to Paragraph 0., Deducti- ble, of SECTION Iii — PHYSICAL DAMAGE COVERAGE: No deductible for a covered -auto" will apply to glass damage if the glass is repaired rather than replaced. J. PERSONAL EFFECTS The following is added to Paragraph A.4., Cover- age Extensions, of SECTION 01 — PHYSICAL DAMAGE COVERAGE: Personal Effects Coverage We will pay up to $400 for loss" to wearing ap- parel and other personal effects which are: (1) Owned by an "insured"; and (2) M or on your covered "auto". (c) The coal of repairing or replacing the This coverage only applies in the event of a total damaged or stolen property with other theft of your covered "auto", property of like kind and quality. No deductibles apply to Personal Effects cover- (2) oven(2) An adjustment for depreciation and physical age. condition will be made in determining actual cash value in the event of a total "loss". Page 2 of 3 0 2010 The Travelers Indemnity Company. Ali rights reserved. CA T4 20 07 10 Includes copyrighted material crinsura'xe Services Oaice, Inc. with Rapermission. K. AIRBAGS The following is added to Paragraph 8,3., Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a, does not apply to "loss" to one or more airbags in a covered'aute you own that in- flate due to a cause other than a cause of'loss" set forth in Paragraphs A -11.b. and A.1.c., but only: a. if that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty: and c. The airbags were not Intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss". L AUTO LOAN LEASE GAP The following is added to Paragraph A.4., Cover- age Extensions, of SECTION ill — PHYSICAL DAMAGE COVERAGE: Auto Loan Lease Gap Coverage for Private Passenger Type Vehicles In the event of a total "loss" to a covered "auto" of the private passenger type shown in the Schedule or Declarations for which Physical Damage Cov- erage is provided, we will pay any unpaid amount due on the lease or loan for such covered "auto" tess the following: (1) The amount paid under the Physical Damage Coverage Section of the policy for that "auto"; and COMMERCIAL AUTO (2) Any: (a) Overdue lease or loan payments at the time of the "loss"; (b) Financial penaaies imposed under a lease for excessive use, abnormal wear and tear or high mileage; (c) Security deposits not returned by the les $or, (d) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (a) Carry-over balances from previous loans or leases. M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.S., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS: S. Transfer Of Rights Of Recovery Against Others To Us, We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a mitten contract axe - Wed prior to any "acddent" or 'lose, pro- vided that the "accident" or "loss" arises out of the operations contemplated by such con- tract. The waiver applies only to the person or organization designated in such contract. GA T4 20 07 10 0 2010 The Travelers Indemnity Company. Alt rights reserved. Page 3 of 3 includes copyrighted material of Insurance services Oftioe, Inc, with Its permission. POLICY NUMBER: 680-8B259331 POLICY NUMBER; 680-BB259484 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV), Paragraph 4. (Other Insurance), is amended as follows: 1. The following is added to Paragraph a. Primary Insurance: However, if you specifically agree in a written con- tract or written agreement that the insurance pro- vided to an additional insured under this Coverage Part must apply on a primary basis, or a primary and non-contributory basis, this insur- ance is primary to other insurance that is avail- able to such additional insured which covers such additional insured as a named insured, and we will not share with that other insurance, provided that; a. The "bodily injury" or "property damage" for which coverage is sought occurs; and b. The "personal injury" or "advertising injury" for which coverage is sought arises out of an of- fense committed subsequent to the signing and execution of that contract or agreement by you. 2. The first Subparagraph (2) of Paragraph b. Ex- cess Insurance regarding any other primary in- surance available to you is deleted. 3. The following is added to Paragraph b. Excess Insurance, as an additional subparagraph under Subparagraph (1): That is available to the insured when the insured Is added as an additional insured under any other policy, including any umbrella or excess policy. CG DO 37 04 05 Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. Page S of 1 c ISL47 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 7/17/13 Date Completed: 7/23/13 Dept./Contact Received From: Sent to: Company/Person required to have certificate: Type of contract: L GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 6/1/13-6/1/14 In Chris/Renee Alta Planning and Design, Inc. All Others A. INSURANCE COMPANY: Travelers Indemnity Company/Travelers Property Casualty Ins B. AM BEST RATING (A-: VII or greater): A+:XV/A+:XV EFFECTIVE/EXPIRATION DATE: 7/1/13-7/1/14 C. ADMITTED Company (Must be California Admitted): N Yes Is Company admitted in California? N Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? 2,000,000/4,000,000 E. ADDITIONAL INSURED ENDORSEMENT – please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must include "solely by negligence" wording? include): Is it included? (completed Operations status does N No not apply to Waste Haulers or Recreation) Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND L. NOTICE OF CANCELLATION: COMPLETED OPERATIONS ENDORSEMENT (completed ❑ No Operations status does not apply to Waste Haulers) N Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it N/A included? NYes ❑ No I, PRIMARY & NON-CONTRIBUTORY WORDING (Must be EFFECTIVE/EXPIRATION DATE: 7/1/13-7/1/14 included): Is it included? N Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured B. AM BEST RATING (A-: VII or greater) A+:XV is not limited solely by their negligence) Does endorsement C. ADMITTED COMPANY (Must be California Admitted): include "solely by negligence" wording? ❑ Yes N No K, ELECTED SCMAF COVERAGE (RECREATION ONLY): N N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ NIA N Yes ❑ No II. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 7/1/13-7/1/14 A. INSURANCE COMPANY: Travelers Property Casualty Ins B. AM BEST RATING (A-: VII or greater) A+:XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? ICON 000 —, E. LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) N/A F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): N N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes N No H. NOTICE OF CANCELLATION: 0 N/A N Yes 0 No OI. YY0RKERS`CoMPENSAT|ON EFFECT|VE/EXP|RAT|ONDATE: A. INSURANCE COMPANY: SAIF Corporation/Zurich American Insurance Co. B. AMBEST RATING (Ar:V||nrgreater): NKDA+J[V C, ADMITTED Company (Must heCalifornia Admitted): M Yes El No D. VVORKERS`CDK8PENSATONLIM[T: Statutory 0Yen Ll No E. EMPLOYERS' LIABILITY LIMIT (Must be$1k4orgreater) 1,000,000 F. WAIVER OFSUBROGATION (To ino|ud°):|sitincluded? 0Yes FlNo S. SIGNED WORKERS' C0MPENS/\T|0NEXEMPTION FORM: ZNA\ E] Yes E] No H. NOTICE OFCANCELLATION: El N/A 0Yes FlNo ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY \/ POLLUTION LIABILITY V BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? WE= 7/23/l3 Agent of Alliant Insurance Services Date Broker of record for the City of Newport Beach ZN/A El Yes F-1No Z NIA EJ Yes j No RISK MANAGEMENT APPROVAL REQUIRED Non'admiUvdcarrier rated less than ___; Self Insured Retention or Deductible greater than $ 0 N/A El Yes El No Reason for Risk Management Needs risk management approval for SAIF (workers' compensation) listed as not rated by AM Best, however, second carrier, Zurich American Insurance Co. meets rating qualifications. Approved by Shen on 7/22/13. Approved: Risk Management Client#:$35015 ALTAPLAN 6/28/2013 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 NAME? Karen Barry USI Northwest PHONEr Ext 503 224$390 o :L 610 3fi2-8130 700 NE Multnomah, Suite 1300 E-MAIL _ 31_�._.__.. Portland, OR 97232 AODREss;_ren.barry@usi„biz INSURER(S_AFFORDING COVERAGE NAICp 503 224-8390 mciusm &, Travelers Indemnity Companv 25658 INSURED INSURER 6: Travelers Property Casualty Ins Alta Planning and Design, Inc. INSURER C: SAIF Corporation 711 SE Grand AvenueZurich American Insurance Co. Portland, OR 97214 INSURER o: INSURER E: Continental Casualty Company COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS I$ TO CERTIFY THAT THE POLICIES Or INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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. 3NSR LTR TrFE OF INSURANCE iA0DL,5U'Be�— ItNSR1IYlYp P4I.ICY NUMBER POLICY EFF POGCY EXP jMAg1OD(YYYY} {MMIDD YYYY� LIMITS A _ GENERALLIABILiTY i _ - _ 6808B259484 6/0112013 06/01/2014 EACH OCCURRENCE s2,000�000 B X'. COMMERCIAL GENERAL LIABILITY 68088259331 _ 6/01/201306/01/201 RRE"MAIsEs Eeoccu ones rtsl 000000 �. CLAIMS MADE (, OCCUR. MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $2,000,000 1 GENERAL AGGREGATE $4,000,00_0_ GEN'L AGGREGATE LIMIT APPLIES PER: ] PRODUCTS-COMP/OP AGO ] ODO' POLICY XPEO[.._..:� Lam_-_—_._ ±$ _ ..._ B AUTOMOBILE LIABILITY � BA7A574417 t _ CCM.Isla SINGL LI1"YIII � 7/01/2013 07/01/2D1 Eaeccident _— 000,000 LA ANY AUTO BODILY INJURY (Per pom.m i $ ALL OS "SCHEDULED AUTOS AUTOS ,___ X', HIRED AUTOS X NON -OWNED AUTOS BODILY INJURY (Per accident) $ .....,_.___.. PROPERTY DAMAGE $ � Par actiden4 „ $ AX IUMBRELLALUB OCCUR EXCESUAB'.06101/201 CLAIMS MADE CUP8B259933 6(01120131 EACHOCCURRENCF $5 000,000 $5 000,DOD .____LA AGGREGATE — — ._..._. DED RETENTION ._. _...._._._. $ .._..,. _ G WORKERS COMPENSATION 771940 9/01/2012 09/01/201 X WC STATD- OTH I S1 *ANY AND EMPLOYERS' LIADILITY y / N I PROPRIETOR/PARTNERIEXECUTIVE—I1 OFPICERIMEMBER EXCLUDED? Ly: NIA (Mandatory in NH) 8997892 - - 9101/2012 09/01/201 EL EACH ACCIDENT $1,DOD,OOD -"”- ---"' "--' + E L DISEASE EA EMPLOYEE $1 DDD DOD }i , describe under DE SCRIPTIONOFOPERATi,IONSbeloo, „_ __. __ 1 EL DISEASE FOI ICY L7 MIT $100D00D . E Professional MCH114135257 7!01/2013!07/01/201 $3,000,000 Per Claim ( Liability ( $4,000,000 Aggregate DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) RE: Projects as on file with the insured including but not limited to the City of Newport Beach Bicycle Master Plan Development project. The City of Newport Beach, and its officers, officials, employees, and agents are added as Additional Insureds for General Liability and Auto Liability as required by written contract or agreement per attached endorsements CGD3810907 and CAT4200710. Coverage applies on a primary and non contributory (See Attached Descriptions) Cit of Newport Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City P THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PO Box 1768 ACCORDANCE WITH THE POLICY PROVISIONS, Newport Beach, CA 92658.8915 AUTHORIZED REPRESENTATIVE X31988.2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) 1 of 2 The ACORD name and logo are registered marks of ACORD #S10384120/M10381355 BZMZP DESCRIPTIONS (Continuedfrom Page 1) basis and is primary to other insurance that is available to the Additional Insured as required by written contract or agreement per attached form CGD0370405. Waiver of Subrogation applies to General Liability, Auto Liability and Workers' Compensation policies. Workers' Compensation waiver of subrogation provided as agreed by written contract or agreement per the attached form WC040306. Should described policies be cancelled before the expiration date thereof, the issuing company will mail 30 days advance written notice to the certificate holder named, except for nonpayment and Workers Compensation. SAGITTA 25.3 (2010/05) 2 of 2 #S103841201M10381355 POLICY NUMBER: 680-88259331 POLICY NUMBER: 680 -8B259484 - COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED INSURANCE (Section III) for this Coverage (Section II): Part. Any person or organization that you agree in a B. The following is added to Paragraph a. of 4. "contract or agreement requiring insurance" to in- Other Insurance in COMMERCIAL GENERAL elude as an additional insured on this Coverage LIABILITY CONDITIONS (Section IV): Part, but only with respect to liability for "bodily in- However, if you specifically agree In a "contract or jury", "property damage" or "personal injury" agreement requiring insurance" that the insurance caused, in whole or in part, by your acts or omis- provided to an additional insured under this Cov- sions or the acts or omissions of those acting on erage Part must apply on a primary basis, or a your behalf: primary and non-contributory basis, this insurance a. in the performance of your ongoing opera- is primary to other insurance that is available to tions; such additional insured which covers such addi- b. In connection with premises owned by or tional insured as a named insured, and we will not rented to you; or share with the other insurance, provided that: c. In connection with "your work" and included (1) The "bodily injury" or "property damage" for within the "products -completed operations which coverage is sought occurs; and hazard". (2) The "personal injury' for which coverage is Such person or organization does not qualify as sought arises out of an offense committed; an additional insured for "bodily injury", "property after you have entered into that "contract or damage" or "personal injury" for which that per- agreement requiring insurance". But this insur- son or organization has assumed liability in a con- ance still is excess over valid and collectible other tract or agreement. insurance, whether primary, excess, contingent or The insurance provided to such additional insured on any other basis, that is available to the insured is limited as follows: when the insured is an additional insured under any other insurance, d. This insurance does not apply on any basis to any person or organization for which cover- C. The following is added to Paragraph 8. Transfer age as an additional insured specifically is Of Rights Of Recovery Against Others To Us added by another endorsement to this Cover- in COMMERCIAL GENERAL LIABILITY CON - age Part. DITIONS (Section IV): e. This insurance does not apply to the render- We waive any rights of recovery we may have ing of or failure to render any "professional against any person or organization because of services". payments we make for "bodily injury", "property C The limits of insurance afforded to the addi- damage" or "personal injury" arising out of "your tional insured shall be the limits which you work" performed by you, or on your behalf, under agreed in that "contract or agreement requir- a "contract or agreement requiring insurance" with ing insurance" to provide for that additional that person or organization. We waive these insured, or the limits shown in the Declara- rights only where you have agreed to do so as tions for this Coverage Part, whichever are part of the "contract or agreement requiring iinsur- less. This endorsement does not increase the ance" with such person or organization entered limits of insurance stated in the LIMITS OF into by you before, and in effect when, the "bodily CG D3 81 0907 0 2007 The Travelers Companies, Inc. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission COMMERCIAL GENERAL LIABILITY injury" or "property damage" occurs, or the "per- sonal 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 un- der which you are required to include a person or organization as an additional insured on this Cov- erage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal in- jury' 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. Page 2 of 2 © 2007 The Travelers Companies, Inc. CG D3 8109 07 Includes the copyrighted material of Insurance services Office, Inc., with its permission POLICY NUMBER: 680-88259331 POLICY NUMBER; 680-BB259484 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV), Paragraph 4. (Other Insurance), is amended as follows: 1. The following is added to Paragraph a. Primary Insurance: However, if you specifically agree in a written con- tract or written agreement that the insurance pro- vided to an additional insured under this Coverage Part must apply on a primary basis, or a primary and non-contributory basis, this insur- ance is primary to other insurance that is avail- able to such additional insured which covers such additional insured as a named insured, and we will not share with that other insurance, provided that: a. The "bodily injury" or "property damage" for which coverage is sought occurs; and b. The 'personal injury" or "advertising injury" for which coverage is sought arises out of an of- fense committed subsequent to the signing and execution of that contract or agreement by you. 2. The first Subparagraph (2) of Paragraph b. Ex- cess Insurance regarding any other primary in- surance available to you Is deleted. 3. The following is added to Paragraph b. Excess Insurance, as an additional subparagraph under Subparagraph (1): That is available to the insured when the insured is added as an additional insured under any other policy, including any umbrella or excess policy. CG DQ 37 04 05 Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. Page 1 of 1 El Policy No. BA7A574417 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. aqf• ! l 1w • ' This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any Injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BLANKET ADDITIONAL INSURED B. EMPLOYEE HIRED AUTO C. EMPLOYEES AS INSURED D. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS E. TRAILERS — INCREASED LOAD CAPACITY F. HIRED AUTO PHYSICAL DAMAGE G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT A. BLANKET ADDITIONAL INSURED The following Is added to Paragraph A.1., Who Is An insured, of SECTION ii — LIABILITY COV- ERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage- occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Liability Cover- age, but only for damages to which this insurance applies and only to the extent that person or or- ganization qualifies as an "insured" under the Who is An Insured provision contained in Section I. B. EMPLOYEE HIRED AUTO = t. The following is added to Paragraph A.1-, Who Is An Insured, of SECTION It — LI- ABILITY COVERAGE: An "employee" of yours is an "Insured" while operating a covered "auto" hired or rented under a contract or agreement in that "em- ployee's" name, with your permission, white 001" H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT — INCREASED LIMIT 1. WAIVER OF DEDUCTIBLE — GLASS J. PERSONAL EFFECTS K. AIRBAGS L. AUTO LOAN LEASE GAP M. BLANKET WAIVER OF SUBROGATION performing duties related to the conduct of your business. 2. The following replaces Paragraph b. In B.S., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos` you own: (1) Any covered "auto" you lease, hire, rent or borrow: and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while perform- ing duties related to the conduct of your business. However, any "auto" that Is leased, hired, rented or borrowed with a driver is not a covered "auto", C. EMPLOYEES AS INSURED The following is added to Paragraph A.1„ Who is An Insured, of SECTION It — LIABILITY COW ERAGE: CA Td 20 0710 02010 The Travelers Indemnity Company. An tights reserved. Page 1 of 3 includes copyrighted material of insurance Services Ofnce. Inc, with rte permission. COMMERCIAL AUTO Any "amployee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. D. SUPPLEMENTARY PAYMENTS —INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2) of SECTION It — UABILiTY COVERAGE: (2) Up to $3,008 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "aocidenC we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4) of SECTION II — LIABILITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. E. TRAILERS —INCREASED LOAD CAPACITY The following replaces Paragraph C.I. of SEC- TION i — COVERED AUTOS: 1. "Trailers" with a load capacity of 3,000 pounds or less designed primarily for travel on public roads. F. HiRED AUTO PHYSICAL DAMAGE The following is added to Paragraph AA., Cover- age Extensions, of SECTION ill — PHYSICAL DAMAGE COVERAGE: Hired Auto Physical Damage Coverage If hired "autos" are covered "autos" for Liability Coverage but not covered "autos" for Physical Damage Coverage, and this policy also provides Physical Damage Coverage for an owned "auto", then the Physical Damage Coverage is extended to "autos" that you hire, rent or borrow subject to the €ollowing: (1) The most we will pay for "loss" in any one "accident" to a hired, rented or borrowed "auto" is the lesser of: (a) $50,000; (b) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (c) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. (2) An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "foss". (3) If a repair or replacement results in better than like kind or quality, we will not pay for the amount of betterment. (4) A deductible equal to the highest Physical Damage deductible applicable to any owned covered "auto". (5) This Coverage Extension does not apply to: (a) Any "auto" that is hired, rented or bor- rowed with a driver, or (b) Any "auto" that is hired, rented or bor- rowed from your "employee". G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION III — PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type, H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT— INCREASED LIMIT Paragraph C.2.. Umit Of Insurance, of SEC- TION Ili — PHYSICAL DAMAGE COVERAGE is deleted. 1. WAIVER OF DEDUCTIBLE —GLASS The following is added to Paragraph D., Deducti- ble, of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. J. PERSONAL EFFECTS The following is added to Paragraph AA., Cover- age Extensions, of SECTION Ili — PHYSICAL DAMAGE COVERAGE: Personal Effects Coverage We will pay up to $400 for "loss" to wearing ap- parel and other personal effects which are: (1) Owned by an "insured", and (2) in or on your covered "auto". This coverage only applies in the event of a total theft of your covered "auto". No deductibles apply to Personal Effects Cover- age- Page over•age. Page 2 of 3 ® 2010 The Tfaveters Indemnity Company. AH rights reserved. CA T4 24 07 10 Includes copyrighted material of insurance Services Ofte, Inc, with its psrmission. K. AIRBAGS The following is added to Paragraph 6.3., Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A t.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "lose. L AUTO LOAN LEASE GAP The following is added to Paragraph A.4., Cover- age Extensions, of SECTION tit — PHYSICAL DAMAGE COVERAGE: Auto Loan Lease Gap Coverage for Private Passenger Type Vehicles In the event of a total "loss" to a covered "auto" of the private passenger type shown in the Schedule or Declarations for which Physical Damage Cov- erage is provided, we will pay any unpaid amount due on the lease or loan for such covered "auto" less the following: (1) The amount paid under the Physical Damage Coverage Section of the policy for that "auto"; and COMMERCIAL AUTO (2) Any: (a) Overdue tease or loan payments at the time of the "toss"; (b) f=inancial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (c) Security deposits not returned by the les- sor, (d) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or tease; and (e) Carry-over balances from previous loans or leases. M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.6., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS: 6, Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract axe- cuted prior to any "accident" or "loss", pro- vided that the "accident" or "loss" arises out of the operations contemplated by such con- tract. The waiver applies only to the person or organization designated in such contract. CA T4 20 07 10 0+2016 The Travelers Indemnity Company. AAI rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office, Inc. with Its permission. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 04 03 06 CALIFORNIA 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. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) 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 0.0 % of the California workers' compensation pre- mium otherwise due on such remuneration. Schedule Person or Organization Job Description ALL PERSON ANY PERSON OR ORGANIZATION FOR WHOM OR ORGANIZATIONS YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER OF RIGHTS FROM US IN THE STATE OF CALIFORNIA WC 252 (4-84) WC 04 03 06 (Ed. 4-64) Page 1 of 1 CITY OF 0c�g`��kr �, nNEWPORTHEACH 4it/ F � City CouncH Staff Report Agenda Item No. 9 May 28, 2013 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department David Webb, Public Works Director 949-644-3328, dawebb@newportbeachca.gov PREPARED BY: Brad Sommers, Senior Civil Engineer 949-644-3326, bsommers@newportbeachca_gov_ APPROVED: TITLE: Approve Professional Services Agreement with Alta Planning + Design to prepare a Citywide Bicycle Master Plan ABSTRACT: The City plans to prepare a comprehensive, Citywide Bicycle Master Plan as recommended by the Citizen's Bicycle Safety Committee to further the goal of promoting bicycle safety and responsible cycling within the City. Staff solicited and received proposals from consulting firms that specialize in the creation of mobility plans and selected Alta Planning + Design as the most qualified firm to prepare the Bicycle Master Plan. RECOMMENDATIONS: Approve a Professional Services Agreement with Alta Planning + Design of Los Angeles, California, to create a Bicycle Master Plan for a not -to -exceed fee of $132,785.00, and authorize the Mayor and City Clerk to execute the Agreement. 2. Approve Budget Amendment No. 13BA-43 creating a Bicycle Safety Fund Reserve and appropriating $132,785.00 from the Bicycle Safety Improvement Fund to Account No. 7014-C3002024 for preparation of the Bicycle Master Plan and appropriating $8,000 from the Bicycle Safety Improvement Fund to Account No. 7014-03002025 for the 32n1 Street Bike Lane Striping Plan. Approve Professional Services Agreement with Alta Planning + Design to prepare a City-wide Bicycle Master Plan May 28, 2013 Page 2 FUNDING REQUIREMENTS: At its meetings of October 9, 2012 and January 22, 2013, City Council authorized the use of funds contributed by the community and by the City for the purpose of funding bicycle safety projects. A fund summary of the BSIF is shown below: Community Contributions 3:1 City Match Total Fund Amount $77,184.90 $231,554.70 $308,739.60 Staff requests a Budget Amendment to create the Bicycle Safety Improvement Fund (BSIF) and appropriate funds for the Bicycle Safety Master Plan and 32nd Street Bike Lane Striping Plan. Both projects are consistent with the purpose of the BSIF and were listed on the Planned Projects list authorized by the City Council on January 22, 2013. DISCUSSION: In the 2012 Citizens Bicycle Safety Committee (CBSC) annual report, the CBSC's primary recommendation was to develop a comprehensive, Citywide Bicycle Master Plan (BMP) to review existing bicycle facilities, propose improvements and enhancements to the existing bicycle infrastructure and network, prepare a sustainable education and outreach plan, propose outside funding sources, and prioritize projects for inclusion into future construction and CIP projects. Staff agrees with the recommendation of the CBSC and believes development of a BMP is necessary to enhance bicycle mobility within the City. Preparation of the BMP will include public input to ensure the document addresses the needs of the cycling community while balancing the needs of all roadway users. To achieve this goal, the City Council established a Bicycle Master Plan Oversight Committee (BMPOC) that has been tasked with providing guidance on development of the BMP. The BMPOC meetings will provide the public forum necessary for successful completion of the BMP. Preparation of the BMP will be administered by Public Works staff along with input from the Community Development and Police Departments. The Public Works Department invited seven consulting firms that specialize in development of mobility plans to submit proposals for preparation of the BMP in accordance with Council Policy F-14. Three proposals were received prior to the deadline of April 12, 2013. A review panel consisting of Public Works and Community Development staff reviewed the proposals and evaluated each firm's qualifications, past experience on similar projects, and availability for this project. Based on the qualifications of the three firms, Staff selected Alta Planning + Design to prepare the BMP due to their team's background in progressive mobility planning and design, extensive knowledge of Newport Beach and understanding of the City's unique cycling needs. The work will be performed for a not -to -exceed fee of $132,785.00 and the tentative schedule calls for 16 months to complete the plan. 2 of 41 Approve Professional Services Agreement with Alta Planning + Design to prepare a City-wide Bicycle Master Plan May 28, 2013 Page 3 Alta Planning + Design will work with City staff, the BMPOC and the Community to prepare a comprehensive Citywide BMP that will be a living document and can be implemented into a future update of the City's General Plan. The project scope is based on the "Five Es" for a Bicycle Friendly Community: Engineering, Education, Encouragement, Enforcement, and Evaluation & Planning. A summary of the major project tasks is below. The complete scope of work can be viewed as part of Attachment A. o Engage Stakeholders and the community during the development of the BMP through the BMPOC meetings, public workshops and coordination meetings with neighboring agencies, OCTA and Caltrans; • Review the current bicycle network and user needs and propose a network that connects regional trails, facilities, schools and points of interest within the City; o Review current bicycle parking needs and propose locations for additional bicycle parking; o Propose and prioritize bicycle facility improvement projects, review the City's CIP program for inclusion of the proposed projects, and identify outside funding sources; • Create extensive outreach and sustainable education programs that promote awareness and responsible cycling within the city; o Complete the GIS -based citywide bicycle trails map (previously prepared by the CBSC); o Review current City policies and propose revisions to promote cycling within the City; o Create a bicycle wayfinding sign program that highlights the City's points of interest and connects the city and regional bicycle networks; o Review current enforcement practices and propose methods that will promote responsible cycling and safety within the City; and • Prepare an application to the League of American Bicyclists for consideration of the City becoming a Bicycle Friendly Community. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. 3 of 41 Approve Professional Services Agreement with Alta Planning + Design to prepare a City-wide Bicycle Master Plan May 28, 2013 Page 4 NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted by: -.�/ I . X�Jje_ David A, Webb Public Works Director Attachments: A. Professional Services Agreement with Alta Planning + Design B. Budget Amendment 4 of 41 PROFESSIONAL SERVICES AGREEMENT WITH ALTA PLANNING AND DESIGN, INC. FOR BICYCLE MASTER PLAN DEVELOPMENT THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement') is made and entered into as of this 29th day of May, 2013 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and ALTA PLANNING AND DESIGN, INC., a California corporation ("Consultant'), whose address is 711 SE Grand Avenue, Portland, OR 97214, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Consultant to prepare a Bicycle Master Plan Development ("Project'). C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the professional services described in this Agreement. D. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the Effective Date, and shall terminate on November 30, 2014 unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Consultant shall perform the Services in accordance with the schedule included in Exhibit A. In the absence of a specific schedule, the Services shall be 5 of 41 performed to completion in a diligent and timely manner. The failure by Consultant to strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.2 Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.3 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.4 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by hand -delivery or mail. 4. COMPENSATION TO CONSULTANT 4.1 City shall pay Consultant for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed One Hundred Thirty Two Thousand Seven Hundred Eighty Five Dollars ($132,785.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.2 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar days after approval of the monthly invoice by City staff. 4.3 City shall reimburse Consultant only for those costs or expenses specifically identified in Exhibit B to this Agreement or specifically approved in writing in advance by City. 4.4 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Alta Planning and Design, Inc. Page 2 Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER 5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Brett Hondorp to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 5.3 If Consultant is performing inspection services for City, the Project Manager and any other assigned staff shall be equipped with a cellular phone to communicate with City staff. The Project Manager's cellular phone number shall be provided to City. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. City's Senior Civil Engineer or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES To assist Consultant in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's Work schedule. 8. STANDARD OF CARE 8.1 All of the Services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with the highest professional standards. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one (1) or more first- class firms performing similar work under similar circumstances. Alta Planning and Design, Inc. Page 3 8.2 All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement, all applicable federal, state and local laws, and the highest professional standard. 8.3 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.4 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes; lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's Work promptly, or delay or faulty performance by City; contractors, or governmental agencies. 9. HOLD HARMLESS 9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, defects in workmanship or materials or Consultant's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable, or any or all of them). 9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. Alta Planning and Design, Inc. Page 4 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No civil service status or other right of employment shall accrue to Consultant or its employees. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the Work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance of the Work or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall Alta Planning and Design, Inc. Page 5 be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 16. SUBCONTRACTIINC The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS 17.1 Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents"), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. 17.2 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant, and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 17.3 All written documents shall be transmitted to City in formats compatible with Microsoft Office and/or viewable with Adobe Acrobat. Alta Planning and Design, Inc. Page 6 18. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information. 19. INTELLECTUAL PROPERTY INDEMNITY Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement or alleged infringement of any United States' letters patent, trademark, or copyright, including costs, contained in Consultant's Documents provided under this Agreement. 20. RECORDS Consultant shall keep records and invoices in connection with the Services to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 21. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue Work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 22. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant. Nothing in this Section is intended to limit City's rights under the law or any other sections of this Agreement. Alta Planning and Design, Inc. Page 7 23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 24. CONFLICTS OF INTEREST 24.1 Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 24.2 If subject to the Act, Consultant shall conform to ail requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 25. NOTICES 25.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. 25.2 All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Brad Sommers, Senior Civil Engineer Public Works Department City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 25.3 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: Brett Hondorp Alta Planning and Design, Inc. 711 SE Grand Avenue Portland, OR 97214 Alta Planning and Design, Inc. Page 8 26. CLAIMS Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Consultant shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Consultant's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Consultant in writing as unsettled at the time of its final request for payment. Consultant and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Consultant shall be required to file any claim Consultant may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 27. TERMINATION 27.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 27.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days' prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 28. STANDARD PROVISIONS 28.1 Recitals. City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 28.2 Compliance with all Laws. Consultant shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. Alta Planning and Design, Inc. Page 9 28.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 28.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 28.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 28.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 28.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 28.8 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 28.9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 28.10 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, age or any other impermissible basis under law. 28.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 28.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] Alta Planning and Design, Inc. Page 10 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNI, "/ OFFICE Date: "�2 II II By: V I w� Y Aaron C. Harp City Attorney ATTEST: Date: A Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation By: Keith Curry Mayor CONSULTANT: Alta Planning and Design, Inc., a California corporation Date: Mia Birk President Date: George Hudson Treasurer [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements Alta Planning and Design, Inc. Page 11 EXHIBIT A SCOPE OF SERVICES 16 of 41 Alta Planning and Design, Inc. Page A-1 Proposal - Methodology Project Understanding The City of Newport Beach is blessed with scenic beauty, mature housing choices, diverse commercial areas, and major tourist destinations. While sights such as Newport Harbor and Back Bay accommodate marine activities and protected habitat areas, these community elements create geographic boundaries limiting circula- tion throughout the community. Additionally, the major tourist draw of Balboa Peninsula attracts users of varying modes, creating potential for conflict along the historic Boardwalk and entrances to each pier. Coast Highway functions as the backbone roadway connecting across Back Bay; however, the majority of the roadway is managed by Caltrans. Due to current financial constraints implementing changes to improve cycling on Coast Highway where managed by Caltrans has been a challenge. Locations such as the East Coast Highway/Bayside intersection currently do not include a bike push button for southbound travel, and the approach lacks bicycle detection. Additionally, improvements to the eastbound approach of East Coast Highway have been recommended to Caltrans for consistency with the Highway Design Manual. Citizen's Bicycle Safety Committee Community efforts to improve cycling safety and public awareness have been ongoing in Newport Beach since 2009 when the Task Force on Cycling Safety began meeting. The Task Force eventually transitioned into the Citizen's Bicycle Safety Committee (CBSC), which met on a regular basis to discuss cycling in the community. The makeup of the CBSC provided an opportunity for community dialogue between City Council, City staff, the Police Department, residents, and other stakeholders. During the past years the CBSC has focused on a variety of treatments such as public involvement campaigns, infrastructure improvement recommendations, and safety evaluations of current infrastructure. Additionally the CBSC came to a positive vote on implementation of sharrows on East Coast Highway in Corona del Mar. The CBSC recognized the Master Plan of Bikeways included in the General Plan Circulation Element did not meet current expectations about infrastructure and programs for improving cycling activity and safety citywide. As a result, the CBSC requested that the City fund a Bicycle Master Plan which would comprehensively address the topic of cycling within Newport Beach and lead to policies and implementation measures to improve safety and encourage cycling for both recreational and commuting needs. The CBSC recently sunset after the January 2013 meeting, and members of the community have been encouraged to participate in the new Bicycle Master Plan Oversight Committee (BMPOC) to provide guidance and a public forum for the development of the comprehensive Bicycle Master Plan. Approved in March 2012 by City Council, membership of the BMPOC will include a Council Member (Tony Pettus) appointed as the Committee Chair and seven community members. Final composition of the BMPOC is planned concurrent with kick-off of the Bicycle Master Plan project. Newport Beach Memorial Ride The October 28, 2012 Memorial Bike Ride was created as a tribute to two women cyclists killed in Newport Beach on successive days in September 2012. These tragedies spurred the CBSC to improve safety within the City. The local cycling community created the event to raise funds for improvements, including approximately $150,000 by the end of December 2012. Matching of community - raised funds is planned by the City of Newport Beach at a rate of 3 to 1 up to a maximum of $450,000. Total funds raised are being allocated into a dedicated Bicycle Safety Improvement Fund, for use by City of Newport Beach specific to bicycling within the community. Newport Beach's scenic beauty and major tourist destinations attract users of varying modes, including bicyclists. RFP No. 13-43, Bicycle Master Plan I19 Alta Planning*afsjgn Project Approach Our project approach builds upon efforts of the CBSC and City staff to identify potential priority projects and areas of safety concern. Our project team will commence with public participation building upon the momentum created by the CBSC meetings and reconvened as the BMPOC, Public participation will guide identifica- tion of refinements to the proposed network and will prioritize the facilities for inclusion in the 5 -Year Capital Improvement Program or to position for grant pursuits. Our approach includes robust engineering review to stra- tegically position City staff for implementation of priority projects utilizing customized cost estimates to minimize budgeting surprises. Pathway to Implementation We recognize the City is focused on creating a plan that positions City staff to proceed with implementa- tion of plan recommendations upon adoption by the City Council. Understanding the desire of City staff, elected officials and the community, we have renamed our work Plana "Pathway to Implementation." The conscious effort to incorporate the word "implementation" throughout this proposal is intended to reflect our approach to the project and bring a successful product to the City of Newport Beach that can serve as a guide to realizing improvements and change throughout the community. Task 0 - Project Initiation Task OA -Kickoff Meetings The Alta team will meet with Newport Beach's Project Manager and team for two (2) project kickoff meetings to review city goals and strategies, refine the project scope and working objectives, identify available data, establish communication channels with other departments and agencies, review and list required elements and standards, and approve the public outreach scope and schedule. Changes to the Scope of Work will be made (if necessary), after the kickoff meetings and an amended Scope and detailed Schedule will be provided to the City. Alta will develop a Data Needs Memo prior to the initial kickoff meeting for circulation among City of Newport Beach staff. Task OB - Policy Review and Vision Alta will help establish a creative vision and direction for bicycle planning by reviewing existing plans, goals, and objectives in the City of Newport Beach. These include bicycle policies developed in the Newport Beach Circulation Element, relevant Specific Plans, municipal codes, OCTA efforts, and other sources. City staff will identify documents for review and provide the Alta team with a review copy if the document is not available electronically. For the sake of comparison, we will utilize our library of plans from around the country and provide a summary The Alta Team's approach is designed to bring a successful product to the City of Newport Beach that can serve as a guide to realizing improvements and change throughout the community. 201 City of Newport Beach Alta Planning + Design 18 of 41 of goals and policies from comparable communities to Newport Beach plus trend -setting areas (in the fields of bicycle planning) such as Seattle, Portland, Long Beach, State of Florida, State of Oregon, Boulder, Madison, and other communities. The summary will include poli- cies from national organizations such as the National Recreation isr Park Association, American Planning Association, Rails -to -Trails Conservancy, Association of Bicycle &t Pedestrian Professionals, and the Institute of Transportation Engineers. Based on this information, Alta will make recommenda- tions that may address Newport Beach's design standards, standard street cross-sections, ordinances, Municipal Code, General Plan, pending and approved development plans and specific plans. The Alta Team will work with Newport Beach staff to develop the project vision statement. A vision state- ment outlines what the City of Newport Beach seeks to provide through the bicycle network and encouragement program. Task 0 Deliverables o Data Needs Memorandum • Facilitate two (2) kickoff meetings and meeting minutes (attendance at first meeting by 2 Team Members, and attendance at second meeting by 3 Team members) • Existing policy review and vision statement Task 1 - 5 E's Development We have drafted the following work plan as our proposed approach to develop a bicycle master plan that meets the stated goals and objectives in the RFP. Specifically, the proposed work plan presented below has been tailored to assist Newport Beach in achieving bicycle improvements based upon the 5 E's for a Bicycle Friendly Community - Engineering, Education, Encouragement, Enforcement, and Evaluation and Planning. In addition to evaluating infrastructure, Alta will work with Newport Beach staff to examine in a "bigger picture" term their education/outreach interests, concerns, needs, and resources and develop a plan using numerous strate- gies that addresses those items. Drawing from our knowl- edge of best practices from around the country, Alta will then develop recommendations identifying potential changes to improve bicycle education, encouragement, enforcement, and evaluation and planning efforts. Alta will review the existing bicycle facility network and conduct a field review of these facilities. Task 1A - Engineering The Alta Team will recommend a bikeway network that is equitable and safe, and effectively uses all city streets and roadways. The network will take into consideration the needs of all roadway users, including bicyclists, pedes- trians and motorists. Existing Conditions Analysis In preparation for developing recommendations for improvements, Alta will review the existing bicycle facility network and conduct a field review of these facili- ties, including touring selected existing routes by bicycle and/or foot. We will work with the BMPOC to develop a list of corridors and locations that merit greater attention for implementation, and will evaluate City provided colli- sion data. Concern about safety is the most common reason given for not riding a bicycle (or riding more often), according to national surveys. The Alta Team will perform a detailed analysis of five (5) years of collision data using information provided by the City of Newport Beach Police Department. Our typical scope utilizes Statewide Integrated Traffic Records System (SWITRS) data for collision analysis, however, we recognize the Police Department has care- fully reviewed collision history with the CBSC, and has debriefed the CBSC regarding bicycle collision during the past year including minor and major collisions. We will work with City staff to identify and graphically map streets and intersections experiencing high numbers of crashes involving bicyclists. Additionally, we will work RFP No. 13-43, Bicycle Master Pian I21 Alta Planningg�ledgn with City staff to identify problematic intersections, difficult grades, and areas with high -stress for cycling such as high volume roadways. Information derived from the collision analysis will be used to identify specific locations for further review. Identification of gaps in the bikeways network will be based on public engagement feedback, BMPOC input, and discussions with City staff. Constrained intersections or other "hot spot" locations may include barriers (crossing of Back Bay, Coast Highway, topographic changes), multi -modal areas serving both pedestrians and bicy- clists (Balboa Peninsula boardwalk), and conflict -prone locations (bicycle travel adjacent on -street parking, high frequency intersections/driveways, etc). The East Coast Highway/Bayside intersection is a good example where the infrastructure does not accommodate cyclists' needs, as the traffic controls do not include a bike push button for southbound travel, and the approach lacks bicycle detection. The Alta Team members will visit the list of corridors and site-specific locations for understanding of field conditions and limitations. Bikeways gaps exist in various forms, ranging from short "missing links" on a specific street or path corridors, to larger geographic areas with few or no bicycle facilities. Additionally, bicycle parking gaps can occur where inad- equate parking is provided by the activity center. Field investigations will be documented using field notes, taking field measurements with GIS/GPS devices, and using digital photography. We will consider key metrics reviewing the non -motorized network such as safety, walkabilfty, connectivity, completeness of network, access to destinations, barriers and constraints, and ability to serve different types of trail users. The Alta Team will analyze linkage of the bikeways network connections into adjacent jurisdictions such as Costa Mesa, Huntington Beach, Irvine, Laguna Beach, and the State Parks. Improvements along Coast Highway to better facilitate travel along the popular corridor will require careful consideration of options with under- standing of past attempts to facilitate bicycle travel in constrained locations. Bicycle Counts & User Survey Estimation of current bikeways users can be collected through survey data and manual counts utilizing local volunteers. The estimation data is required for 22ICity of Newport Beach Alta Planning + Design comprehensive bicycle master plans, and provides a strong baseline of use data as well as concerns and desires of the community. The Alta team will develop a survey (with City review) to determine the community's general needs and concerns surrounding bicycling. The survey will be posted to the project website (per Task 2), and the City can distribute the survey with the quarterly parks and recreation mailer (Newport Navigator), and other citywide mailings. Hard copy surveys will be available for completion at work- shops, orkshops, key civic locations, local bicycle shops, and other public spaces as identified through discussions with City staff. The bikeways survey will ask questions regarding frequency of activities, chief concerns, and types of improvements desired within the community. We will conduct manual counts utilizing local volunteers using the National Bicycle &r Pedestrian Documentation program methods (www.bikepeddocumentation.org). The Alta team will conduct a training session for the counters and provide the user survey/data collection forms that will be developed as part of this task. Volunteer support can be drawn from various walking and cycling clubs with interests in the City. The City of Newport Beach will coordinate volunteer staff for stationing key locations and times to be deter- mined by Alta and the City Project Manager. Generally counts are conducted during a weekday morning peak period (7AM-9AM) and evening peak period (4PM-6PM), and a weekend midday period (10 AM-2PM). Longer count periods maybe desired where high levels of activity are known to occur outside the typical time periods Estimation of current bikeways users can be collected through survey data and manual counts utilizing local volunteers. 20 of 41 listed above. We recommend bikeway counts occur at a minimum of 10 locations, supplemented with additional locations based on volunteer capabilities. The precise locations for data collection will be determined through discussions with City staff. Counts will provide a gauge of the existing level of use of the bicycle network and, supplemented with the user survey, will help us gauge future need and priorities within the bicycle network. Bicycle counts will also allow us to compare bicycle ridership in Newport Beach to that of neighboring cities and communities. Data from the bicycle count effort will be incorporated into the National Bicycle and Pedestrian Documentation Project, an annual bicycle and pedestrian count and survey effort sponsored by the Institute of Transportation Engineers Pedestrian and Bicycle Council. Alta initi- ated this effort through the ITE Pedestrian &r Bicycle Council in 2003, when it was identified as a priority for the Council. Alta is experienced in designing automatic machine (i.e. inductive loop) bicycle count programs and will provide the city with information on how such a program could be implemented (as a separate scope of work) to supple- ment or replace the annual manual counts. Baseline Mapping Alta will prepare maps utilizing available City of Newport Beach Geographic Information System (GIS) mapping layers. The maps will be refined for use in public presentations and for incorporation into the updated mobility plan. The GIS mapping will address Caltrans Bicycle Transportation Account (RTA) requirements such as existing land uses, major generators and attractors (schools, park and recreational sites, civic buildings, key employment centers, and transit stops), bicycle parking facilities, and bicycle changing facilities. Using available GIS, bikeways in adjacent jurisdictions will be displayed to show how the city's bikeway network provides connec- tivity and continuity to nearby communities. Alta is leading the OCTA Districts 1 &r 2 Bikeways Collaborative allowing for efficient use of regional GIS shape files and data. Existing Conditions Summary A technical memorandum will be prepared summa- rizing the data collection, observed trends and behaviors, Alta's Bikeway Quality Index provides a systematic method of evaluating streets and roadways as they relate to the level of comfort for bicyclists. collision analysis, obstacles &z gaps review, and linkage analysis. Graphics will be included as appropriate illus- trating key concepts, issues, and conflict areas. GIS -Based Bicycle Demand Analysis Alta has developed the Bikeway Quality Index (BQI) which is a GIS -based model that provides a systematic method of evaluating streets and roadways as they relate to the level of comfort for bicyclists. The models use avail- able input data such as lane width, traffic volumes and speeds, and car parking, to provide a corridor and an area -wide assessment of riding conditions for atypical' bicyclist. In addition to examining the existing on -street bicycle facilities, we will apply the BQI model to measure the quality of off-street paths as well as existing public routes not currently identified as bicycle routes by measuring factors including user volumes, mode split and path width. Then in consultation with the City, we will incor- porate additional factors shown to influence quality of a cycling experience, such as grade change, proximity to roadways, pavement quality and aesthetics. Once calibrated and measured, the information from the BQI model can be extracted and applied to other public routes throughout the City identifying potential bicycle facilities. Based on our experience in other cities and RFP No. 13-43, Bicycle Master Plan I23 Alta PlanniM tpe$ip in consultation with City staff, we will determine the appropriate and relevant ranking for each factor within the model, and develop a mechanism that will allow for the comparison of all facilities within the network. Together, these tools can provide an objective assessment of conditions and will help us identify routes for improve- ment or routes that bicyclists can be di rected to use until improvements are made, Alta will use these models as needed on selected corridors where data is available and conditions warrant this type of analysis. Recommended Bikeways Network Based on the project goals and objectives, technical anal- ysis, and community input, the Alta Team will prepare a draft network bicycle facilities for the City. Since a draft network exists in the General Plan Circulation Element, we expect refinements to help address hot spot and conflict -prone areas. The preliminary network will be illustrated in GIS -based graphics, and text will be drafted describing routes in written form with charac- teristics regarding surface material type, users served, length, etc.. The proposed improvements will be listed in matrix format. For liability, funding, and other purposes, we propose to describe the recommended bikeway facilities using the Caltrans classification system identified in Chapter 1000 of the Highvvay Design Manual: Planning and Design of Bicycle Facilities: • Bike Paths (Class 1): bicycle or multi -use paths separate from roadways, with at -grade or grade - separated crossings • Bike Lanes (Class 11): striped bicycle lanes, typi- cally on the right-hand side of roadways • Bike Routes (Class III): roadways that provide adequate shoulder or curb lane width and signing, but no striping For the recommended network, GIS maps will be submitted to the City for review and approval prior to preparing the Draft Mobility Plan. Alta has led the way to creating innovative designs and treatments to improve visibility, manage conflict points, and provide low -stress bicycling environments. Alta was the primary author of the NACTO Urban Bikeway Design Guide, and our staff is proficient in current trends and thinking regarding new Bicycle facilities. Throughout 2 I city of Newport Beach 't Alta Planning + Design vlvpevn osy n Fanme •nEwm ct le. nn — �nE orf CI I GI' tan. — •Fla1m.N Gl B RW.P •Fla(n.N file Fendt' $Eetl iJlSYllp Ok/EN FtlC1111N9 �Pi1�VV CIarsl Glp Pa111 �I'r,:uq Cuv.11 Qke Inn> —e�m�a cuw m o:n RGm to [Lamy P,O.ad Paei64aa aa,ol RA. P11. oalsllpon fume Utc1116ika Fina o:n tamnua vm�u/r< Calla uuc 1 tl PFna„qn I I .`eH_o I � 1 li li 1 A`�iaP I • L �1 U sL MANIHAT°_ OPI AC'MFl _� �a ml i ® iti93e 1, — M0. _ e Alta prepared this Recommended Bikeway Network map for the Manhattan Beach as part of the South Bay Master Plan. the identification of bicycle improvements we will continuously consider both traditional designs such as the Caltrans Bicycle Facilities defined above and thein no- vative treatments identified in the NACTO Guide. We have helped cities throughout Southern California hople- ment new treatments such as bike boxes, green painted bike lanes, sharrows, bicycle boulevards, and separated/ buffered bike lanes. The discussion of liability and engi- neering standards is a key item for review with City staff. As a registered Civil and Traffic Engineer, the Alta Project Manager realizes that City Public Works staff may be hesitant to implement new treatments without careful review of key engineering and legal concerns. We antici- pate a robust dialogue to determine key criteria for use of strategic neve treatments, and identification of the best locations to bring these concepts to the City of Newport Beach. 22 of 41 The Alta Team will provide recommendations for supportive facilities such as bicycle racks. Recommended Support Facilities A comprehensive bikeways network requires cotnpli- mentary support facilities that provide guidance and are supportive of a diverse population of cyclists with varying needs. The Alta Team will provide recommendations for trailheads and staging areas as well as supportive facili- ties such as lighting, benches, restrooms, informational kiosks, and shelters. Additional facilities specific to bicycling needs include bike detection at traffic signals, wayfinding signage, bicycle racks, storage and lockers, and integration of bicycle needs at the existing Newport Transportation Center (NTC) in Newport Center. Recommended improvements will be described as a series of specific standards, except at major destinations such as City Hall, along the Peninsula and the NTC, where the actual number and type of support facilities will be identified. In addition to infrastructure -related suggestions, the discussion will include policy -specific recommendations relative to improved access to local and regional transit, bike racks on buses, methods of improving bicycle secu- rity such as bike corrals, secure parking areas (restricted card -access areas), bicycle support facilities in land devel- opment, bike storage areas in attended parking lots and garages, building access and restriction guidelines based on best practices. Prioritization and Phasing Recommendations The recommended bikeway improvements will be priori - d zed based on both technical data and public input Buri ng the community outreach program. Criteria for ranking will be weighted to develop a priority list for improve- ment implementation. Potential criteria for the ranking process include the following with further refinement based on discussions with City staff and the BNIPOC: o Community and Political Input o Suitability for Bicycling Without Improvements o Suitability for Bicycling With Improvements • Provicles/Enhances Safe Route to School Connection o Address High -Collision History Location(s) o Destinations Served o Enhances System Connectivity • User Type Servect o Gap Closure o Social Equity • Potential to Attract High Usage o Current Availability and/or Suitability of Right -of -Way o Cost Effectiveness o Projected Reduction in Vehicle Trips and Vehicle Miles Traveled o Integration into the Backbone System o Transit Interface Potential funding opportunities each require a distinct type of project and documentation of impacts and bene- firs. enefits. Because of this, the selected improvements will be developed insufficient detail to qualify for the most strin- gent program requirements. Our team will work closely with the staff throughout the selection and ranking process, lending expertise on funding, planning, and design guidelines when required. A Phasing Plan will be developed based on the ranking outcome combined with (a) funding availability and requirements, (b) other programmed transportation improvements, (c) eliminating an immediate bottle- neck or safety hazard, and (d) ensuring that the system grows rationally rather than as a series of disconnected pieces over time. The Phasing Plan will recommend a ranking (low, medium, high) to clearly identify which RFP No. 13-43, Rycle Master Plan I'1[ Alta PlanniraBoo4lpn LJ improvements would be incorporated into the 5 -Year will the relationship to possible funding and specific Capital Improvement Program (CIP). requirements. Segment Cross Sections & Cost Estimates The Alta team will prepare a project database in Excel listing detailed information on each proposed segment length, corridor condition, and other information. Planning -level costs will be separated between land cost (if any), site preparation, planning, design and engi- neering costs, construction costs, and environmental documentation/mitigation costs (if any). Unit costs for design, construction, and environmental clearance of facilities will be discussed with City Public Works and Community Services staff to ensure the costs match recent bids in the City and area. Staff from Stantec has provided engineering services directly to City of Newport Beach and is familiar with construction unit rates. Maintenance Costs for each segment will be evaluated according to an estimated cost -per -mile and estimated annual maintenance and operation costs by implemen- tation phase based on comparable experiences. The Department responsibility will also be identified, as Detailed 1 -page Fact Sheets will describe key characteristics of proposed route segments. Detailed 1 -page Fact Sheets will be organized for up to ten (10) distinct segments to position the City for implemen- tation by agency staff. Key items for summary on the Fact Sheets include: • Segment Name and Geographic Location • Proposed Facility Type • Dominant Land Use • Dominant Users (commuter, recreational, etc) • Trail/Bikeway Surface Material, Width, Grade, and Length • Fencing Need and Material Type • Cost Estimate for Implementation . Jurisdictional & Department Responsibility • Schedule for Implementation • Required Actions The detailed Fact Sheets will serve as a guide for imple- mentation of the bikeways network by City staff. Bet ofiuing street: for Two -Way Cycle track rwlwrsr..nlvr'reen rc �H—�� � uw r.> orowwi --36'Poatlwry�� Me�NbYLrce(' Oa'aro-r>mro)AD IH i 5�� ISJrg'ee rYLLq Nml 11 lx Qdmd N-�3HBoade" 11 L I City of Newport Beach 2` Alta Planning+Design 24 of 41 Mw�W%ar}Ilel(60'aM.a.wbl P n� L I City of Newport Beach 2` Alta Planning+Design 24 of 41 ShMar sign Tum9an ayhml9yn Alta will develop a recommended wayfinding and signage plan for Newport Beach. The signage concepts above were created for the South Bay Bicycle Master Plan. Wayfinding and Signage Plan The Alta team will develop a recommended wayfinding and signage plan for the City, including a combination of a Caltrans -approved route numbering or naming system, and a directional wayfinding system to the City's bike parking, NTC, peninsula, Newport Center, Back Bay, and other major destinations. Alta will develop a map showing the proposed route numbering/naming system, an initial graphic showing existing wayfinding signage styles in California, refine this graphic based on staff input, and then develop a final set of wayfinding proto- type signage. We will also develop recommended instal- lation prototype guidelines and standards. Engineering Recommendations Summary A technical memorandum will be prepared summarizing the recommended network, the prioritization, the fact sheets, implementation &r funding (per Task 4), and the wayfinding program. GIS -based graphics will illustrate the recommendations for consideration by City staff and the BMPOC. Task 18 - Education Education and Marketing Programs Becoming a truly bicycle -friendly community requires a multi -faceted approach, including strategies beyond tradi- tional engineering and infrastructure projects. Utilizing traditional and innovative approaches to programming and infrastructure, the City has the potential to expand the active transportation network and role of bikeways in the life of residents and visitors to Newport Beach. Alta will work with the City to identify existing educa- tion and marketing programs offered by the City, Police Department or other agency/group to improve bicycle and pedestrian safety. A program considered by the CBSC includes the concept of a Safety Village where a school or large area such as the Big Corona parking lot is utilized to instruct elementary -age children to safely ride and function with cars and traffic controls. Bike Rodeos may already be employed by the Policy Department and can serve a similar purpose. Positive efforts by City/Policy Department staff and the community advocates can RFP No. 13.43, Bicycle Master Plan I27 Alta PlannirQ9 asIgn L Education and encouragement programs are intended to foster excitement about bicycling as a community. Alta is the only planning firm with a department dedicated to education and encouragement for non -motorized programs. initiate real and lasting changes for the better. Potential educational campaigns may address topics such as the following: • Public Education Campaign Aimed at Cyclists & Driver Behaviors • Expanded Safe Routes to Schools Programs • Safety Education Messages in City Publications • Helmet and Bicycle Light Giveaway Programs Alta will provide suggestions for improvements specific to bicycling within the community considering the diverse spectrum of user types such as athletic "fast" cyclists, recreational cyclists, and cyclists commuting to employment. These recommendations will be based both on results of the previous tasks that identified problem areas plus experience gained in communities around the region and the United States. Alta is the only bicycle and pedestrian planning firm with a department dedicated to the education and encouragement for non -motorized programs. Bicycle Network Map The City's existing GIS -based Bicycle Network Map will be integrated with the GIS mapping performed as part of the network inventory and development. A bikeways focused map layer will be made available for the City to publish. We will discuss with the City which layers are desirable to include, and when the map should be printed. Task 1C - Encouragement Recommended Activities Encouragement activities include a variety of events, contests, and promotional activities intended to foster excitement about bicycling in a community. The Alta team will review existing encouragement efforts in Newport Beach and recommend additional programs to promote bicycling in the city, such as: • Sunday Parkways • Bike Buddy Programs • Safe Routes for Seniors • Women on Bikes • Walking/biking/transit mobility maps • Bicycle Benefits Program • Business/Employer Incentive Programs • School Bicycle Trains • Bicycle Valet at Major &r Civic Events Bicycle Friendly Business District Plan (Optional) While not included within the RFP, our project team feels the City of Newport Beach would benefit from including an optional task to establish a Bicycle Friendly Business District Plan (BFBD). We have included on our project team April Economides, a local expert who has created successful BFBD's within the City of Long Beach and the City of San Diego. '1p I City of Newport Beach GO Alta Planning + Design 26 of 41 As an optional task, the Alta Team can establish a Bicycle Friendly Business District Plan As an optional task, Alta will collaborate with Green Octopus Consulting (a sustainability strategy and communications firm based in Long Beach) to prepare a BFBD. Green Octopus Consulting designed and managed the nation's first Bike -Friendly Business District program for the City of Long Beach. The BFBD may include the following components and can be tailored as needed: • Up to two (2) presentations on the business case for local bicycling and how to create bike -friendly business districts. We recommend potential meet- ings with business groups and organizations such as the Newport Beach Chamber of Commerce, the Corona del Mar Chamber of Commerce, and merchants along the Balboa Peninsula. The concise presentation is oriented towards business owners with duration of approximately one hour when accounting for presentation as well as questions and answers. • Up to two (2) workshops to develop action items and implementation for one or more business districts. • Action -oriented bike -friendly business district plan for one district or entire city. Personalized outreach to business owners and association leaders. Task 1 D - Enforcement Alta will work with City staff and the Newport Beach Police Department to document current enforcement practices, and will provide suggestions to improve safety for bicyclists and other road users. Examples include a traffic safety diversion program (instead of tickets for bike -related infractions) and walking & bicycling legal training. Case studies of enforcement programs will be highlighted. Additional enforcement activities include targeted police enforce- ment at specific locations/areas, age-specific bicycle safety programs, and establishment of a law enforcement referral process. Existing city codes pertaining to the operation of bicycles will be reviewed and benchmarked against comparable cities to identify areas for improvement. Task 112- Evaluation and Planning The RFP suggests that evaluation work including field research, collision analysis, surveys, and counts be performed in Task IE. In sequential terms, most of this work will be undertaken prior to the development of the recommended network; therefore, we have proposed these tasks be included in Task IA. Other requirements outlined in the RFP for this subtask such as examina- tion of existing educational programs is proposed to be performed prior to task IB. Benchmarking and Performance Measurement Tools System usage is best gauged through a combination of bicycle counts (manual and automated) and user surveys (refer Task IA). The results can then be published in a regular report card tracking the trends in bicycle usage in Newport Beach. System expansion can be moni- tored through GIS mapping. To assess performance against the goals identified at the project outset, Specific, Measureable, Achievable, Relevant and Time bound (SMART) measures will be identified. Benefits Analysis Alta has extensive experience in quantifying the benefits of investments in bicycle facilities, including economic, environmental, health and fitness, and convenience and quality of life. For example, we have calculated the regional medical cost savings of increased exercise partly generated by new opportunities to bicycle. Our staff has developed a trip reduction methodology for the bicycle mode that is now being used around the country. Using results of the needs analysis, U.S. Census figures, and adjustment factors for Newport Beach, a long term RFP No. 13-43, Bicycle Master Plan 129 Zn Alta PlannlWi&o$tn 7 estimate of bicycle mode split can be made and translated into reduced vehicle trips, saved parking spaces, and reduced air pollution. We expect that the economic and public health impacts will play a key role in public accep- tance of improved facilities for Active Transportation. While improving bicycle mode split may be appealing from a planning perspective, this topic is typically too theoretical to gain traction within the community. Therefore, discussion of health and economic benefits within Newport Beach and the relationship with quality of life indicators will have a stronger impact in the polit- ical and community arena. Finally, the Alta Team will summarize the role of bicyclists in a multi -modal trans- portation system. 4E's Summary A technical memorandum will be prepared summarizing the recommendations specific to non -engineering tasks including Education, Encouragement, Enforcement, and Evaluation. Maps and potential measures for implemen- tation by the City with horizon dates will be identified. Task 1 Deliverables Existing Conditions Summary Memorandum 10 Fact Sheets on Priority Segments „ Engineering Recommendations Summary Memorandum Optional Bicycle Friendly Business District Plan 4 E's Summary Memorandum Task 2 - Agency and Public Participation The public participation program will seep to engage a range of stakeholders in providing input for the Bicycle Master Plan: multiple City departments, partner agen- cies, local bicycle advocacy groups, and the general public. Special efforts will be made to engage commu- nity members who are potential users of bicycle facilities but who are not involved in advocacy groups—as well as drivers who will be sharing the roadway with people on bicycles. Understanding that there are several distinct communities within the City of Newport Beach, the Alta team will design outreach and participation to involve community members from all areas including the penin- sula, islands, coastal communities, and central Newport Beach. 301 Cityof Newport Beach Alta Planning + Design Task 2A - Public Participation Strategy Effective outreach and participation begin with a system- atic identification of the stakeholders who should be involved and avenues for reaching those stakehoklers. The ALTA team will work with the City to identify stake- holders and outline a schedule of activities that will be undertaken to inform them about the project and engage them in providing input. The schedule will include the subtasks below as well as activities that the City, BMPOC members, and other partners can undertake. Task 26 - Public Outreach Materials For a successful public participation process, efforts must be made to generate widespread awareness about the project among diverse community members—avid riders as well as community members who are all potential users of the bikeway network. The Alta team will provide a variety of materials for outreach efforts, as determined in collaboration with City staff and the BMPOC. The budget provides for the following materials: Project logo. A visual brand for the project will create a higher level of recognition and excitement. The Alta team will create a color logo that can be used on promotional materials and as a button on the City websire, providing a link to the project website. The budget for this item assumes the development of several alternatives, and one revi- sion of the selected alternative. A visual brand for the project will create a higher level of recognition and. excitement. Alta created this logo for the County of Marin. 28 of 41 Outreach stations. The Alta team will conduct outreach at up to three (3) locations with high pedestrian and bicycle traffic such as commu- nity events, along the Back Bay Trail, at the Muth Interpretive Center, the farmers' market, Newport Pier, the main library and other City facilities. If permission is granted, these locations will include privately owned shopping centers such as the Crystal Cove Promenade or Fashion Island. Materials will be created to set up an outreach table to distribute flyers and small handouts with the survey URL, describe the project, ask people to sign up for emails, and engage commu- nity members in a simple exercise with a map or Post -Its. The Alta team will attempt to recruit community volunteers to help staff more of these tables. Giveaway items. Fun giveaway items provide a small reward and sense of ownership to people who stop by an outreach station or participate in a workshop. The Alta team will develop a design for an item such as a button, magnet, or small bike accessory using the project logo. The cost of buttons is included in the project budget; other promotional items would need to be paid for by the City. The Alta team can present the City with a few inexpensive options from promotional catalogs, and place the order desired. Flyers. The Alta team will design up to three flyers over the course of the project to promote upcoming opportunities to participate, including the survey and BMPOC meetingshvorkshops. These may be posted in bike shops, distributed through email, and posted on the project webpage for down- loading and social media linkbaeks. Website. The Alta team will host a blog-style website for the project through a third -party vendor such as WordPress with a custom domain name that is easy to remember. This type of site feels more dynamic, provides simple polling tools, and makes it easy for visitors to share content with their friends through social media. The website will provide a portal to the online survey and interactive map, as well as providing project infor- mation and downloadable materials. A link will be provided so that visitors can sign up for email updates. "IMMOR. aNawn�b Ooweab nan{�aaa+.a.NaPm, 4�/W PdanuW � p4Ne41a krJ,Mv a�, Saryval.MX W✓A vunw�[, wBaN�uNef+O✓a mm�rrv,Mn.,a WM1N.pMn,rywvne, .ne,aa A dynamic project website will provide simple polling tools, and makes it easy for visitors to share content with their friends through social media. • Email updates. The Alta team will maintain an email list of people interested in following the project, and will send up to three brief emails to this list to promote upcoming opportunities to participate and provide feedback on the Master Plan. These emails will also be available to City staff for forwarding to City email list subscribers. • Social media items. in conjunction with the email updates, the Alta team will provide short items for the City to post on its Facebook page and tweet through Twitter. • Press releases. The Alta team will draft up to three press releases over the course of the project for the City to distribute to local media to provide information about the Master Plan project and key findings, and promote participation. Task 2C - BMPOC Meetings/Workshops The Bicycle Master Plan Oversight Committee (BMPOC) meetings will be used as the primary vehicle for presenting formal public updates about the development of the Bicycle Master Plan and receiving guidance from an organized body representing different stakeholders. All BMPOC meetings will be open to the public to satisfy Brown Act requirements. We propose categorizing the twelve (12) BMPOC meetings (as required by the RFP) into the following types of meetings to ensure dynamic meetings with attendance by varying members of the public RFP No. 13-43, Bicycle Master Plan I31 Alta Plannir2fiK iyn The BMPOC meetings will focus on four different aspects of the project to ensure dynamic meetings with attendance by varying members of the public Data! Up to five meetings would be organized primarily for sharing data on the Plan and facili- tating discussion among the appointed BMPOC members. These would be timed to present find- ings from the field studies and analysis, discuss input received at the workshops/open houses, and solicit input on concepts and draft recommenda- tions. We recommend up to three (3) dedicated bike rides be organized before or after Data! Meetings to increase public awareness, interest, enthusiasm, and confidence in the planning process. The bike rides also provide an opportu- nity for stakeholders to provide direct input and to experience low and high stress situations as a group. Alta will work with City staff and the BMPOC to organize the bike tours and determine suitable routes for the rides. Learn! Up to three educational sessions would be devoted to presentation and discussion of special topics such as innovative bike facilities, health benefits of bicycling, and bicycle -related economic development, and sharing the road. These could be held at more casual community venues in conjunc- tion with mixer -type social events to draw more attendance. Engage! Up to three workshops and open houses will be held in which the BMPOC members become the hosts of a larger public forum, and help the Alta team to collect input from community members. The objectives of these events would be to identify priority locations for development of new bike facilities and programs, understand preferences for bike facilities, and gather ideas for educational efforts and programs. The specific activities in these workshops or open houses will be determined through discussion with City staff and the BMPOC. Through presentations or displays, the Alta team will present information on the project, preliminary findings, and prelimi- nary recommendations. Displays will include maps of existing and proposed bikeways, locations with identified gaps and issues, and conceptual designs of roadway treatments; as well as examples of bike facilities, types of bicycle parking, and wayfinding signs. A variety of activities will engage participants in providing input as individuals and in group discus- sions. If held in an open house format, BMPOC members may help to staff stations. If held in a 321 City ofNewpartBeach Alta Planning + Design 30 of 41 workshop format, BMPOC members may listen to small group discussions, help to collect and orga- nize input, or assist with facilitating or recording group activities. Youth! The youth in a community have particular insight into what it is like to get around without a car, and streets that are safe For children are sale for everyone. For these reasons, a special youth - oriented event is recommended that is focused on the biking needs of youth in Newport Beach. Youth workshops work best when they are held in locations where youth are already gathered, such as schools or recreation centers. The Alta team will reach out to organizations such as the YMCA, Boys & Girls Club, school district, high schools, and libraries to publicize the event and determine a suitable location to draw youth from throughout the City, As in the workshops/open houses, BMPOC members would help to facilitate discussions and activities with the youth (this will probably be their favorite BMPOC meeting!). To promote participation of BMPOC members and other residents in different Newport Beach communi- ties, the BNIPOC meetings and workshops should be held in different locations, at times convenient for the general public. The Alta team will work with City staff and the BMPOC to identify appropriate locations and times. Notice for the meetings will be provided as part of the outreach efforts described in the Public Outreach Materials subtask, in addition to email notices that the Alta team will send directly to the BMPOC members. Task 2D - Public Agency Stakeholder Meeting The Alta team will facilitate one meeting for adjacent cities and public agencies that have an interest in bike- ways such as Caltrans, OCTA, adjacent cities, State Parks, and the County of Orange. These stakeholders will help to identify opportunities, provide feedback on bikeway feasibility, and provide technical input on the Master Plan development. The Alta team will draft an invitation and work with City staff to create a list of agencies for the City to invite. Task 2E - Survey In order to gather information about desired bike facili- ties and improvements throughout Newport Beach, the Alta team will develop a survey aimed at creating an understanding of current bikeway users, key issues that are discouraging use of bikeways, and improvements or programs that would encourage bicycling. The Alta team will also design a printable version of the survey for more limited use. The budget for this taste includes up to $150 in prizes or gift certificates from local bike or outdoor gear shops to encourage participation. Task 2F - City Council Presentations The Alta team will attend two (2) City Council meetings at the appropriate times as determined by the consul - cant team and City staff. The Alta team wilt provide an overview presentation of the project and update the Councilmembers on the project status with graphics and illustrations to show recommendations where possible. Task 2 Deliverables • Schedule for Public Participation Activities n Project Logo in. JPEG format Pop -Up Outreach Stations at three locations (attendance by 2 Team Members) » Design and assistance producing one type of give- away item >s Design for up to three. (3) flyers (PDF) Blog-style website, and up to three (3) substantial updates Setup and maintenance of email list; up to three (3) email updates Up to five (5) short items for distribution through City's social media Content for up to three (3) press releases Facilitation of up to twelve (12) BMPOC meetings/ workshops (attendance by 2 Team Members) Email notices and agendas sent to BMPOC members One (1) Public Agency Stakeholder Meeting Interactive online map tool and survey Design for printable version of survey (PDF) Up to $150 in prizes or gift certificates Summary of input received through survey Agendas, sign -in sheets, presentation materials, and other items for Consultant Team -led meetings Summaries of input received at meetings and work- shops/open houses Presentation materials for two (2) City Council meetings (attendance by 4 Team Members) RFP No. 13-43, bicycle Master Plan I33 Alta PlannhQ1I*4qn Task 3 - Bicycle Master Plan Report Task 3A - Draft Bicycle Master Plan Based on the tasks outlined above, Alta will prepare a Draft Bicycle Master Plan for Newport Beach that is consistent with the city's General Plan. The Draft Bicycle Master Plan will be developed with the twin objectives of: • Providing the blueprint for a comprehensive system in Newport Beach that makes bicycling for all purposes and by all users accessible, safe and desir- able; and • Providing a strong, strategic, funding plan for bicycle facility expansion, improvement and imple- mentation citywide. Alta will submit ten (10) hard copies and an electronic copy in PDF format on CD-ROM of the Draft Plan for review by Newport Beach staff. The Bicycle Master Plan will include the following elements: Policy review and vision statement • Comprehensive bikeway system with support facilities identified • Prioritization and phasing recommendations • Fact Sheets on priority corridors . Implementation and funding strategies (per Task 4) • Wayfinding and signage plan • Recommendations for bicycle education, encour- agement, enforcement, and evaluation programs Following submittal of the Draft Bicycle Master Plan, there will be a comment period by City staff, the BMPOC, and the public. Task 3B - Final Bicycle Master Plan A Final Bicycle Master Plan will be prepared addressing City -consolidated comments on the Draft Plan. Alta will address the Draft comments and incorporate them into the Final Plan. We will submit one electronic version of the Final Draft Plan to city staff for review to ensure that comments have been adequately addressed. Upon approval, Alta will produce five (5) bound hard copy documents, and one electronic version (MS Word and PDF) version of the Final Bicycle Master Plan. 34 City of Newport Beach Alta Planning + Design The Bicycle Master Plan will provide a blueprint that makes bicycling for all purposes and by all users accessible, safe and desirable. Task Deliverables Draft Bicycle Master Plan (10 hard copies, l elec- tronic copy) Final Bicycle Master Plan (5 hard copies, l elec- tronic copy) Task 4 - Implementation Plan Implementation of the bikeway network consists of discrete steps completed sequentially, from ranking and phasing of each project to application of design standards, development of capital and maintenance costs, funding, and a capital improvement plan. Alta will work with Newport Beach staff from Community Services, Public Works, Planning and Building and other departments (as appropriate) to formulate an implementation strategy that includes details on cost, responsible department, scheduling, and appropriate funding. An Implementation Plan for fundable, high priority proj- ects for the short-term will be developed, along with an unconstrained implementation plan for the long-term. Changes to existing City Standards, Codes, and/or poli- cies are part of the Bicycle Master Plan (Tasks 0 and 1). Task 4A — Implementation & Design Guidelines Implementation Strategies The pathways to implementation tasks identified above include technical analysis to refine the bikeways network, preparation of a recommended network, inclusion of 32 of 41 innovative strategies, identification of support facili- ties, prioritization and phasing, and development of fact sheets. The steps leading to this effort will be oriented to implementation of specific projects within the 5 -Year CIP and defined projects that can be brought to fruition by City staff. The residents, community stakeholders, and elected offi- cials have voiced their interest in realizing improvements in thenar -term. The Alta Team will work with City staff to identify the projects that will be included in the 5 -Year CIP, and identify projects that have positive potential for grant funding. The fact sheets and cost estimates will be coordinated with City staff to ensure the design, costs, and responsible parties at City Hall are clearly delineated. The Alta Team has personal interests in seeing the improvement come to reality as our team members live locally and enjoy the City of Newport Beach on a year- round basis. Funding Strategies Implementation through grant opportunities is preferred over use of City General Fund revenues. Therefore, we will include a robust discussion of funding strategies to guide City staff for implementation of the bikeways network. The Alta team has successfully helped commu- nities around the country apply for and receive over $50 million in funding for bicycle facilities. Alta has an in-house grant writing group who are experts at identi- fying funding opportunities and matching projects with The Alta Team has personal interests in seeing improvements come to reality as ourteam members live locally and enjoy the City of Newport Beach on a year-round basis. the right grant. Our team is familiar with virtually all state and federal sources of bikeway funding, including funding sources in the recently adopted MAP -21 legisla- tion. We are also aware that funding is much more likely from all sources when it comes from a variety of local, state, federal, and public and private sources. The City's leveraging of local match money can position for much larger pools of money to bring the plan to reality. The Alta team will identify potential matching and major funding sources, associated criteria and requirements. Costs of the phased improvements will be compared with funding needs, so that long term programming for local matching funds can be accomplished. Potential categories of funding sources for inclusion in the report include the following: Local public works and parks and recreation CIP budgets e OCTA Bicycle Corridor Improvement (BCI) Program • Safe Routes to Schools Programs • State bike grants • Local improvement districts • Transportation user fees • Developer impact fees • Local bond measures • Local gas tax • Local sales tax • State agencies • Federal government • MAP -21 • Non-profit organizations • Corporate sponsors • Zoning requirements . Air quality grants The Alta team will explore funding options from public and private sources, contacting our network of funding specialists around the U.S. to determine the availability and requirements for grants. Design Guidelines The Alta Team will work with city staff to coordinate the development and assembly of one comprehensive set of bicycle design guidelines for Newport Beach consistent RFP No. 13-43, Bicycle Master Plan I35 Alta Planni43-* iqn with state and Federal standards and practices. Alta will prepare an opening chapter that discusses the various guidelines and how they relate to one another, followed by the design guidelines. It is anticipated that many bicycle treatments included in the design guidelines are not included in the California Manual on Uniform Traffic Control Devices (CA MUTCD). To help guide City staff, the Alta Team will provide enhanced discussion of appro- priate usage of non -standardized treatments with loca- tions where the treatment has been implemented, typical costs, best practices, and illustrations &e photographs showing what the treatment would look like. We will work with City staff to develop a robust set of guide- lines that can position the City for careful implementa- tion and appropriate placement of treatments. The best practices guidance will be key to help educate both the public and City staff on where to utilize bicycle treat- ments to address stakeholder preferences to see innova- tive but non -standardized treatments implemented more frequently. Task 4B - Bicycle Transportation Account Compliance In order to provide maximum clarity for the City, regional agency and Caltrans staff reviewing the updated Mobility Plan for Bicycle Transportation Account (BTA) compli- ance, Alta will prepare a separate chapter summarizing how the plan satisfies each of the BTA -required elements of the Streets and Highways Code 891.2 (a -k). This chapter will allow reviewing staff to go to a single chapter in the document to confirm that all BTA -required elements have been met, thus avoiding the need to search throughout the document for the various applicable sections. This BTA compliance chapter can be provided at the begin- ning of the document, or as one of the appendices. All of AltXs bicycle plans in California have been approved by Caltrans and we are experts at ensuring that each local agency qualifies for this and other funding. Task 4 Deliverables • Implementation Guide and Design Guidelines • Bicycle Transportation Account Compliance Summary Task 5 - Bicycle Friendly Community Application Support Task 5A - BFC Application Bicycle Friendly Communities are places that have committed to improving the bicycling environment and are highly desirable communities to live, work, and play in. This often results in increased property values, busi- ness growth and increased tourism. Bicycle -friendly communities are places where people feel safe and comfortable riding their bikes for fun, fitness, and trans- portation. With more people bicycling, communities experience reduced traffic demands, improved air quality and greater physical fitness. Developing a comprehensive Bicycle Master Plan is a great step in becoming more bicycle -friendly. Upon adop- tion of the Plan, Alta will prepare an application on behalf of the City of Newport Beach to be recognized as a Bicycle Friendly Community through the League of American Bicyclists. The City of Newport Beach will assist Alta in data gathering, and Alta will compile existing efforts and applicable information for application submittal. Task 5 Deliverable b Application for Bicycle Friendly Community Bicycle Friendly Communities are places that have committed to improving the bicycling environment and are highly desirable communities to live, work, and play in. 36 City of Newport Beach Alta Planning + Design 34 of 41 Anticipated Work Schedule The schedule has been carefully organized to sequence key tasks, meetings, and deliverables, providing an efficient process and early and thorough review of all products as they are developed. Task 0. Project Initiation Task 1.5 E's Development Task 2. Agency and Public Participation Task 3. Bicycle Master Plan Report Task 4. Implementation Plan Task S. BFC Application Support Schedule shown assumes City Issues Notice to Proceed in May 2013 RFP No. 13-43, Bicycle Master Plan I37 Alta Plannilt�c fWjn EXHIBIT B SCHEDULE OF BILLING RATES 36 of 41 AI+n Pinnninn nnri flacinn Inn.. Paae B-1 Cost/Fee Proposal Alta s proposed fee breakdown by task is presented below. We are flexible in developing an allocation of worl< effort and budget that best meets the needs of the City. 2013 Hourly Rate" $210 $155 $105 $95 $183 $150 Task 0. Project Initiation 4 10 4 8 6 4 42 $5,265 Task 1.5 E's Development 11 52 116 297 77 4 519 $60,870 Task 2. Agency and Public Participation 2 50 4 60 18 151 285 $40,225 Task 3. Bicycle Master Plan Report 3 12 24 48 0 0 87 $9,570 Task 4. Implementation Plan 4 9 18 36 4 0 71 $8,275 Task 5. BFC Application Support 1 2 10 0 0 0 13 $1,570 Staff Hours 25 135 176 449 105 159 1017 $130,285 Reimbursable Expenses &Travel $2,500 Pwi1ectTotal $5,250 $20,925 $18,480 $42,655 $19,125 $23,850 $132,785 Optional__ - Bicycle Friendly Business District Planning 84 84 $7,980 (Green Octopus) -These are fully burdened rates that Include salary, benefits, firm overhead charges, administrative fees and profit UP No. 13- 13, 6igde Maser Plan 9 Alta PlanniniiW*4gn 1 alta Alta Planning + Design Standard Billing Rates cipal I cipal II cipal III or Associate Iciate I Iciate 11 or Planner net I net II or Designer gner I gner II ,ram Manager reach Coordinator Planner )hic Designer I II Admin I II Rate $285 $210 $185 $155 $135 $120 $95 $95 $85 $105 $95 $85 $110 $90 $85 $85 $125 $55 $35 The charges per hour shown are effective through December 31, 2013 and subject to revision annually thereafter. Subconsultant fees shall be charged at actual cost. Expenses: Reimbursable expenses shall be charged at actual cost. Mileage on project tasks shall be charged at the IRS standard rate. Reproduction Costs: Color copies $0.50 /page Black and white copies $0.10 /page 24'x 36' large format plot $15.00 /sheet 36'x 48' lar e format plot $30.00 /sheet ZCity of Newport Beady Al to Planning + Design 38 of 41 EXHIBIT C INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1. Provision of Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet. these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. B. General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, one million dollars ($1,000,000) general aggregate. The policy shall cover liability arising from premises, operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract. C. Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented 39 of 41 Mtn Pkgnnlnn nnfl np-inn. Inc. Pace C-1 vehicles, in an arnount not less than one million dollars ($1,000,000) combined single limit each accident. D. Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the Effective Date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials; employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants. B. Additional Insured Status. All liability policies including general liability; excess liability, pollution liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City and its officers, officials, employees, and agents shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self- insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation (except for nonpayment for which ten (10) calendar days notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this 40 of 41 Alfa Plnnnlnn Anti Dp-inn. Inc. Paqe C-2 Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant sixty (60) calendar days advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation. C. Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. D. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. E. Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these requirements unless approved by City. F. City Remedies for Non -Compliance. If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. G. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. H. Consultant's Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. 41 of 41 Mtn Plnnninn anci rlacinn Inr._ Paqe C-3 City of Newport Beach NO. BA- 13BA-043 BUDGET AMENDMENT 2012-13 AMOUNT: $372,339.70 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance X Increase Expenditure Appropriations AND X Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations from additional estimated revenues PX from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To appropriate the City's matching contribution for Bike Safety Improvement and to increase expenditure appropriations for the Bicycle Master Plan and Bicycle Lane Signs. The city is contributing 3:1 for every dollar donated from the community for the new Bike Safety Reserve and is allocating funds for the Bicycle Master Plan and Bicycle Lane Signs. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 010 3605 010 3747 REVENUE ESTIMATES (3601) Fund/Division Account EXPENDITURE APPROPRIATIONS (3603) Amount Description Debit _ General Fund - Fund Balance $231,554.70 General Fund - Bike Safety Reserve $140,785.00 Description Credit $231,554.70 Signed: al r S" 17 —1 vvv Financial pproval` Finance Die r Description Division Number 7014 General Fund Capital - Misc Projects Account Number C3002024 Bicycle Master Plan $132,785.00 Division Number 7014 General Fund Capital - Misc Projects Account Number C3002025 Bicycle Lane Signs $8,000.00 Signed: al r S" 17 —1 vvv Financial pproval` Finance Die r Date r Signed: r r iOl Administrative Approval: City Manager Date Signed: City Council Approval: City Clerk Date