HomeMy WebLinkAbout10 - Balboa Peninsula Crosswalk Crossing Study - Approval of PSA (17T03)TO:
FROM:
CITY OF
NEWPORT BEACH
City Council Staff Report
September 13, 2016
Agenda Item No. 10
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: Brad Sommers, Senior Civil Engineer,
bsommers(c)_newportbeachca.gov
PHONE: 949-644-3326
TITLE: Balboa Peninsula Crosswalk Crossing Study - Approval of
Professional Services Agreement with Albert Grover & Associates
(17T03)
ABSTRACT:
The City desires to prepare a study of pedestrian crosswalks along the Balboa Peninsula
between Coast Highway and Peninsula Point. Professional Traffic Engineering consultant
services are needed to review the uncontrolled crosswalk crossings along the Balboa
Peninsula and to propose potential improvements.
RECOMMENDATION:
a) Determine that this action is exempt from the California Environmental Quality Act
(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines
because it will not result in a physical change to the environment, directly or indirectly; and
b) Approve a Professional Services Agreement with Albert Grover and Associates of
Fullerton, California, for the Balboa Peninsula Crossings Study at a not -to -exceed price of
$83,930.00, and authorize the Mayor and City Clerk to execute the Agreement.
FUNDING REQUIREMENTS:
The current adopted budget includes sufficient funding for this service. It will be expensed to
the Transportation Division Operations and Maintenance account for Professional Services in
the Public Works Department, 0108012-811008.
DISCUSSION:
The Balboa Peninsula is a popular tourist area along with high density housing, retail
businesses, numerous restaurants, and direct access to the beach and harbor. The area
experiences large seasonal increases in visitors, creating high demands on the roadway,
parking and pedestrian/bicycle facilities. The peninsula has limited access via Newport
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Balboa Crossings Study — Approval of PSA with Albert Grover and Associates
September 13, 2016
Page 2
Boulevard and Balboa Boulevard, which often reaches capacity, creating vehicular delays
during peak periods, such as the summer.
With both the public ocean beaches and Newport Bay being major attractions with high
parking demand, the peninsula experiences high pedestrian volumes. To accommodate this
volume, there are approximately 45 marked crosswalk locations crossing Newport Boulevard
and Balboa Boulevard at a mix of controlled and uncontrolled locations.
Although all crosswalks and signalized intersections are properly marked and signed in
accordance with State Law, the Public Works Department is suggesting that an in-depth
study be performed to address requests from peninsula residents to review Balboa Boulevard
and Newport Boulevard crosswalks. The study will determine if existing facilities are
adequate as they are, or if additional devices or facility locations could be used to enhance
the safety of crossing pedestrians.
The project area includes thirty-seven (37) intersections: thirty-six (36) uncontrolled (locations
that do not have STOP signs or traffic signals that require motorists to stop to allow
pedestrian crossing), marked crosswalk locations on Newport Boulevard and Balboa
Boulevard on the Balboa Peninsula. In addition one (1) stop -controlled Balboa
Boulevard/38th Street intersection has been added to the study at the request of neighboring
residents.
When reviewing crosswalks and potential improvements, special emphasis will be given to
the uniqueness of the peninsula. This includes special considerations such as the scenic
nature of the area, heavy multi -modal use, limited right of way, high density and close
proximity of homes, businesses, parks and schools, and potential adverse effects to other
roadway users.
Additionally, the study will strive to balance the needs of the community and potential
crosswalk enhancements. For instance, parking on the peninsula is often over capacity. The
installation of additional red curb for increased crosswalk visibility may reduce the amount of
on street parking. Also, traffic signals may create a more comfortable crossing for
pedestrians, but installation of several signals could significantly impact the movement of
traffic along the peninsula as well as expand existing operation and maintenance cost.
Through this process, the consultant will review the peninsula crosswalk locations during the
summer season and the school year to observe different uses of the peninsula roadway
network. To ensure the summer season has been observed, crossing data collected in
August of this year will be reviewed by the consultant. Additional counts and observations
are planned during the fall season.
Staff requested proposals for on-call Transportation design services from professional
engineering firms specializing in transportation engineering and received three (3) proposals.
The City's review team consisted of staff from the Traffic Engineer Division of the Public
Works Department. Using a qualification -based selection process, each of the proposals
were evaluated based on the consultant team's project understanding, experience,
qualifications, planning and design approach, design ideas, and projected level of effort.
Albert Grover and Associates was selected by the review team as the most qualified and
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Balboa Crossings Study — Approval of PSA with Albert Grover and Associates
September 13, 2016
Page 3
responsive firm for this project. Albert Grover and Associates also has a great deal of
experience having completed similar studies for the City of Newport Beach and various
agencies throughout Southern California.
The proposed work scope includes:
1. Review thirty-seven (37) existing intersection crosswalks for location, striping type,
lighting, visibility, traffic control devices, and compliance with current traffic engineering
standards;
2. Perform pedestrian counts and analysis at existing crosswalk locations;
3. Review accident history of pedestrian and bicycle -involved crossings at controlled and
uncontrolled peninsula intersections;
4. Propose physical improvements (crosswalk location, striping type, sight distance,
traffic control devices, etc.) to crossing locations if appropriate;
5. Consider impacts of proposed improvements to other roadways users, residents and
businesses;
6. Prepare preliminary cost estimates for proposed improvements;
7. Attend a project kick off meeting with City Staff, coordination meetings, and one "Town
Hall" style meeting;
8. Prepare a final document including all data pertaining to the review, analysis, study
and proposed improvements; and
9. Prepare/present report/findings at a City Council meeting.
Staff recommends approving a PSA with Albert Grover and Associates to complete the scope
of services listed above, which is further described in the consultant's scope of work. The
proposed not -to -exceed engineering services fee is $83,930.00.
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.
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).
ATTACHMENTS:
Attachment A - Location Map
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Balboa Crossings Study — Approval of PSA with Albert Grover and Associates
September 13, 2016
Page 4
Attachment B — Professional Services Agreement
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PACIFIC
ATTACHMENT A
OCEAN
BALBOA BLVD.
BALBOA BLVD. (CONT.) NEWPORT BLVD.
•
44TH
ST.
.
13TH ST. • 28TH ST. (SOUTH)
•
42ND
ST.
.
12TH ST. • 26TH ST.
•
40TH
ST.
.
1 1 TH ST.
•
38TH
ST.*
.
10TH ST.
•
36TH
ST.
•
9TH ST.
•
35TH
ST.
•
8TH ST.
•
34TH
ST.
•
7TH ST.
•
31ST
ST.
.
6TH ST.
•
30TH
ST.
.
ISLAND AVE.
•
28TH
ST.
.
MEDINA WY.
•
26TH
ST.
.
CORONADO ST.
•
20TH
ST.
•
CYPRESS ST.
•
19TH
ST.
.
ADAMS ST.
•
18TH
ST.
•
WAS H I N GTO N ST.
•
17TH
ST.
•
E ST.
•
16TH
ST.
•
G ST.
•
14TH
ST.
•
1 ST.
• SERRANO AVE. (WEST OF)
* STOP CONTROLLED INTERSECTION - ADDED TO STUDY AT
BALBOA PENINSULA
CROSSWALK STUDY
LOCATION MAP
EST OF NEIGHBORING RESIDENTS.
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
9/13/2016
10-5
ATTACHMENT B
PROFESSIONAL SSRVIICES AGREEMENT
WITH ALBERT GROVIBR & ASSOCIATES, INC. FOR
BAIJBOA PEN INSIUUA PEDESI-BRIAN CRCSISING S-HUDY
-HF ISI PRCFIESSIICNAL SIBRUICES AGREEMEN-9 Il"Agreerrieni", is made and
Entered into as cf this 13th day of September, 20'16 ("Bffecitive Date"', by and between
the CI-RY OF NEWFICR-H BBACF, a Califcrnia municipal ccrplcraiicri and charter city
("City"), and ALBERT G ROVER & ASSOC IA-HBSI, INC., a Califcrriia cc rpc ration
("Consultant"), whose address is 211 East Imperial Fwy, Suille 208, RUIIEIrlon, California
92835, and is made with reference tc th ei follcwing:
RECITA USI
A. Ciiy is a municipal ccrperaticn duly c rganizeid and validly Existing L ndEir the laws
cf ihEi Staie of Califc rnia with il• Ei power io carry on its businEiss as it is now being
cc ndL cteid L nder the siaiuteis cf the Slialei cf Califc rnia and 1he C harier cf Ciiy.
B. Ciiy desirES tc engages Consultant 10 prcvidei professional engineEiring seirvicEis tc
study unciontrolleid pEcleistrian crossing locaiicris on Newperi BoulEvard and
Balboa Bc uleve rd c ri it Ei Balboa FleninsL la (I" Flrc,ject").
C. Consultant possessEis thEi skill, experience, ability, background, certificaticn and
know IEidge tc prc vide ihEi prcfeissic nal ser�iicEis described in this AgreemEint.
D. City hats solicited and received a prc pc sal frc rri Cc nsultarii, has reviewed the
previous experience and evaluatEid the expertise of Ccrisuliant, and desires lo
retain Cc nsL Itarit lo r6nder prcfEissicnal sENiceis undEir ihEi terms and ccridiiicris
sei fcdh in this Agreement.
N C W, TF EREFIC RE, it is mutually aigrEed by and between the undEirsignEid
pari ieis ass fc Ilc ws:
1. TERM
The term of this AgrEiement shall commence on the Effective Dailei, and shall
terminate on July 31, 2018, unless terminated earlier as sei fc r1h h eirein.
2. SERVICES -nC B9 R13RFIORMED
Ccrisuhlant shall diligently perfcrrri all the sEir%ices describEid in the Scope cf
SElrvicEls attached hereitc as Bxhibit A and incmipicraiied hEireiin by refEiiencei ("Servicies"
c "Work"). Ciiy may elect tc delEite cEirlain Slerviceis within the SCC PE of SEAIiUs at its
sclEi discrEiIicn.
21. TIME OF RERFIORMAN CS
31.1 Time is cf ihEi eissencie in the perlcrrriaricEi of Services LndEir chis
AgreEirrieni and Consultant sl- all perfc rrri thea SleRlicES in accordanciei with the sahedulEi
10-6
iriCILded in Exhibiil A. In ihE absence cf e specific schEdulE, the Services shall be
performed 10 CcmplEtion in a diligerill and 1imEly manner. ThE failure by Consultant tc
strictly adhE re tc the schedule SE 1 fc r1 h in Exhibiil A, if any, c r perform the Services in a
diligent anc 1imEly mariner may rEsuli in ilerminaiicri of this Agreerrieni by City.
31.2 � ctwithste nding the fc regcing, Cc nsc Itan11 shall riot bE respc nsible fcr
delays duE tc causes beyond Cc nsultant's reasonable cc ntrcl. F cwever, in tl• a case of
e ny sL ch delay in 11he Services tc bE prc%ided fc r tf a ProjE ci, each party hereby agreEs
tc flrcvidE notice wiihiri two (2; calenc er days cf the cccurrenCE causing the delay to the
ocher party sc that all delays can be addressed.
31.;l Ccnsultarii shall submit all regLEsts fcr Exiensicris of 1imE fcr periormanCE
in writing tc tl"E Rroject Administrator as cEfinEd herEin nct later than len II1C; calendar
days after tl•e start cf the condition that purportedly causes a delay. The Rroject
A dministraior sl• all rE viEw ell su& requests e nd may grant reasc nable time extE nsicns
fc r unfc reseee ble dE lays that are beyond Cc nsultani's control.
;1.4 Ror all 1imE periods riot specifically set fcrlh herein, Ccrisultani shall
responc in the mcsi Expedient and apflroflriaie mariner uncEr the circumstanCEs, by
hand -c Elivery or mail.
4. CC MPENSIATIC N TC CC NSI. LIANT
4.1 Ciiy shall pay CcnsLltaint for ihE SeRiiCES cri a time and ExpEnsE not -lo -
exceed basis in accordance wish the provisions of this Secticn and the Schedule of
Billing Rates ettachEd herEtc as Exl-ibit EI anc incorfloraied herEin by referEriCE.
Cc nsL Itaini's compensatic n fc r e II "ork performE d in acct rdance with tl• is AgreE rrierii,
including all reirribursablE items wind subccrisuliant fees, Shall riot ExceEc Eighty THree
Thousand Hine Hundred Thirty) Dollars and 00/' 00 ($83,9130.00), witl CLI prior writIEn
aLihcrization from City. Nc billing rate changes shall be madE during the term cf tHs
AgreErrientwill heutthe piicrwritilen &pflrcval cf Ciiy.
4.2 Consultant shall sL bmi11 monthly invoices io City describing the Work
performed the prECEding me nth. Consultant's bills shall include the namE cf the person
whc performEd the Work, a brief description cf the Servicies pEricrmEc and/or If E
specific task in ihE Scc pe cf Services Io which it relates, ihE date ihE SE rvices wE re
performed, the number of hours spent on all Work billed on an hourly basis, and a
descriptio n of any reirribc rsa ble expenditures. Ciiy shall flay Cc nsc Ita rill no IatE r than
thirl y (3C; calendar days ater a flprc va I of tl• e me nthly invoice by Ciiy ste fil.
4.31 City shaill reirribc rsE Ccnsuliaini only fcr tl cse costs c r exfleirisEs
sflecifically iderill MEd in Exhibit EI loll his Agreement c specifically apprcvEdin writing in
advanCE by City.
4.4 Consultant shall nci receive any CompErisation for Bxtra Wcrk peirfcrrried
without the prior writllen authorization of Ciiy. As usEd herein, "8)ira Wcrk" means any
Wcrk that is c EtE rmiriEd by City tc bE neCE ssary for the prc pE r cc rripletic n of the
Rroject, but which is nci included within the SCC PE of Services and which the pairties did
Albert GrcVell & Asscciaies, Iric. PagE 2
10-7
not IiE asonably anticipaiei woL Id be nEicessary al the Eixec0ion of this A grE erlE nt.
Compensation fcr any authorized Extra "ark shall bE paid in aacolidaricEi witV the
SchEic ule of Billing Raters as seat forth in exhibit B.
°I. PRCJEC-I MANAGER
5.1 Ccnsultarii shall cEaigriatEi a PlicjEci Manager, who shall cocrciriatEi all
phases of tVei Project. This Project Manager shall be available i to City al all reasonable
times during the AgrEieiment tEirm. Ccnsultani has designated Mark H. Hiller to to its
Rroject ManagEr. Ccnsultarii shall nct removes or rEassign ihE Rroject Manager or any
personnEl listed in Exhitit A cr assign any nEw cr replaclement personnel tc ihE Rroject
without the prior written cc nsEint of City. City's approval shall not k e L nreiasonably
withhEild wish respEiclt to thEi reimcval or assignmEini cf non -key personnel.
5.2 Ccnsultant, al the solei discretion cf City, shall rErricve from the Rroject
any cf its pEirscnnEl assigned tc the perfcrrriancei of Services uperi written regLest of
City. Consultant warrants that ii will clontinuously furnish the nEcessary pEirscnnEl 10
complEiiei tV e Prc jEici on a timely basis as cc rileimplatE d by this Agliee rrieint.
1.31 If Consultant is perfolirriing inspection seirvices for City, thea Rroject
Mariageli and any ctVeIi assigned staff shall bEi Equipped with a cellular phcnEi 10
communicate with City staff. The Prc,ject Manager's cellular phonEi nurribEir shell bei
prc vided tc City.
C. ADM INIS-nRATION
This Agreement will be administEred by the Rublic Works DEiparimeni. City's
Public "o6a-Directoli c r designees sr all bei the Projekt Administratc r and sI- all havE it e
2Lthority tc act for Ciiy unc Er this AgreEirrieni. 11hEi Rroject Administrator shall r6prEsent
Ciiy in all mattErs periaining Io tV a SEirvicES to bEi rendeliEcl PL rsuant io this AgrEement.
7. CITY'S REISPONSIIBILJITIES
-no assist Cc nsL Itant in the exeicution of its resperisit ililiEis under this AgreemEint,
City egrEies to providE acceiss tc and upon request cf Consultant, one ccpy of all
E)isting rElEvant infolirriation on file at Ciiy. City will providEi all such materials in a
tirrieily manneli so as nct tc causEl delays in Consultant's "ark schedules.
8. STANDARD CIF CARE
EA All cf thea SEirvices shall be pE do rmed by C o nsulte nt c r L ndei[i C o risuli ant's
supervision. Ccnsultani reipres6nts that it pcssesses the pmfeissional anc techniceil
pelisonrie] r6quired to pEirform the Sleirviaes required by tr is Agr6eiment, Bind that it xA ill
perform all S EAlicEis in a rriannEir cemrrieinsurele with community prcfeissional standards
and with the c rdineiry deigreE cf skill end cam than xA ould bEi used by other reasonably
aompeiterit plie ctitionE rs cf tr a same disciplinEi under similar aircumstairicEs. All
Seirvices shaill be performed t y qualified and eixperieincled persc nned whc airE not
eimplcyeid by City. Ely cElivery of clomplEited "ark, Ccnsultani cElOMES that the Wcrk
Albert GrovEir & Associateis, Inc. Page 31
M:
conforms to the uequiremerills of ll' is Agueerrient, all applicable federal, sialle and local
laws, anc legally recognized professional standards.
8.2 Consultant represents and warrants to City ll' at it f as, shall obtain, and
shall keep in full fouce and effect during the term hereof, al its sole cost anc expense, all
licerises, permits, qualificiations, insurance and approvals of whatsoever nature chat is
legally ueqL ire d of Consultant to practice its profession. Consultani shall maintain a City
of Ne" pod Beach business license during 11 he term of this Agueerrient.
8.3 Consultant shall not be responsible fou delay, nor shall Consultant be
responsible for darriages or be in default or deemed to be in default by reason of siuikes,
lockouts, accide nts, acts of Cod, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work prompily, or delay or faulty perfourriance by
City, contractors, orgoveurimental agencies.
C. HOLD HARMIJESS
9.'I To the fulle si exterit permitted by law, Consultant shall inde rrinify, defend
and hold harmless City, its City Council, boards and commissions, officers, agenlls,
volunteers, erriployees and any person or entity owning or otheMise in legal control of
the property urlon which Consc Itaril pe rforms the Proje cit andilor Se Nice s contemplalled
by this Agreerrieril IJcolleclively, the "Indemnified Rarties), from and against any and all
claims (including, without limitalicri, claims for boc ily injury, death or darriage to
properly;, c e rriands, c bligations, damages, actions, causes of action, suits, losses,
Judgments, fines, penalties, liabilities, ciosts and experises I1including, without limilalicri,
atilorneys' fees, disbursements and court coslls' of every) kind and natuue whatsoever
lJindividually, a Claim; collective ly, "Claims"), which may arise under ll• is Agreement or in
any manner relate lJdirectly cu indirectly; to the negligence, recklessness, or willful
misconduct of the Consultant or ils principals, officers, agents, employees, vendors,
supplieus, subccnsLltanis, sLbcontraclors, anyone employed directly or indiuectly by any
of tf e m c r fc r whc se acils they may be liable, c r any c r all c f them.
E.2 Notwithstandirig 11'E fore going, nc l hing he rem sl• all be cc ristrued tc
require Consultant io iridervnify tl' a Indemnified Rarties from any Claim arising filo m the
sole negligence, active riegligerice or willful rriisccnduct of the Indemnified Rariies.
Nolhing in this indemnity shall be coristrued as aulf crizing any awaud of attorneys' fees
in any action on c r lo enfc rce the terms cf this Agre ement. This inde mnily shall apply lo
all clairris and liability reigardleiss cf �A heti• eu any insc rarice pc licies area applicable. The
pc licy lin-ii11s do nct acil as a limitation upon the amount of indeirrinificiatic n to be provic Ed
by the Cc nsultant.
'0. IN DEREINDE NT CON TRIACTC R
It is understood tl-at City relairis Ccrisullant on an independent contractor basis
and Consultaril is ncl an ageint cr eirnployeie of City. The rrianneir and means cf
ccnducting the Werk are under the ccntrcI cf Ccrisullant, eixceipl lc the Extent they area
limited by sllatutei, rules or regulation and the eixpresseid terms of this Agueeirrient. No
Albeiri Grc\ er & Assc ciates, Ina. Rage 4
10-9
civil servicie status cn cther right of emplcyment stall accrue to Cc nsL Itant cr ills
emplcyees. NcIt ing in tf is Agreement ;shall be deemed Io constitute approval fc r
Cc nsulllant cr any cf Co nsuliant's emplc yees cr agents, tc be the agents cr empilc yees
of Ciiy. Cc risuliant stall have 11 he respc nsibility for and cc ntrol over the means of
performing the Wcnk, pncvided that Ccrisuliant is in ccmpliance with the terms cf this
Agreement. Anytt ing in this Agreement It at may appear tc give City the right tc direct
Ccnsultani as Io the details cf the perfcnrriance cf the "cnk c r Io exercise a measure of
ccnirol over CcnsLltani shall mean crily tf at Consultant sf all fcllcw the desires of City
with respect tc the results ci the Servicies.
11. CIC C HERIA11ON
Ccrisuliant agrees tc %Aork closely and ciocperate fully with City's designatec
Prc ject Adrriinistratc r and any cif• en agencies that may have jurisdiction cr interest in the
Wcnk to be perkrmed. City agrees tc cocperste %&iih the Consultant on the Prcject.
' 2. CITY RC LJIC)l
Cc nsultant stall disCL ss and review all rriatilers relating Io policy and Rrcject
direction with City's Rroject Administratcr in advance cf all critical decision pcints in
crcer to ensure the Rroject proceeds in a manner ccrisistent with Ciiy goals and
policies.
13. RRIOGR SIS
Cc nsultarii is respc risible for keeping the Rroject Administratc r infc rmed ori a
regular basis regarding the stags and prc gress cf the Prc jeci, activities perfc rmed and
planned, and any meetings tl' at have been schedL led on are desired.
14. INSURANCE
Withc ut limiting Ccrisultant's inc erriniiication cf City, and pric r is cc mrriericerrieni
cf Werk, Cc nsultarii shall obtain, provide and maintain at its own expense during It e
term cf It is Agreement or for ciher periods as specified in this Agreement, policies cf
insL rarice cf the type, amc unts, terms and cionc itions described in the Insurance
Requirements attached teneio as Ext ibit C, anc incorporated herein by reference.
15. PRC H IBITIC N AC A INSIT ASSIC NM ENTS AND TRIANSAERS
Except as specifically auihcrizec under this Agreerrient, tf e Services tc be
prcvided unc er this Agreerrient shall not be assignec , transferred ciointnacted cir
subcontracted out "O C L i the prior written apprc val of City. Any of the fc llcwing shall
be ccrisiruec as an assignment: The sale, assignment, transfer or ciher dispc.iitic n of
any cf the issued and cutsllancirig capital stcck cf Ccrisuliant, cr cf the interest cf any
general partner or joirill venti-ren cir sync icate member or ccienant if Consultant is a
parinenship c r joint-verillure cr syndicate cr co-teriancy, whicih shall result in cr ariging
Ite ciontrcl cf Com.iuliant. Contrcl means fifty percerii II50%) cr mcre ci the vciing
Alberl G rover 81 Associates, Inc. Page 5
10-10
pcwE r or iwE my -five FIE rceni (25%) on more cf the assets of tl- a cc rpc ration, partnE rship
c n joini-venture .
' 6. SUBCONTRACTIIN G
Tr e subcc ntractc rs aui he rizE c by City, if any, to perform We rk on this Prc jeci a re
identified in exhibit A. Consultant stall be fully respcnsiblE lo City for all acts and
c: missions of any subccniractcr. Nothing in this AgreerriErii shall cneatE any coniractual
rE lationship betweE n City and any subcc ntractc r nc r shall it crE ate any c bligai is n c ri 1 he
part of Ciiy is pay cr tc see to the paymE nt of any me nies duE lo any SLch
subccntractcr other than as othemiisE required bylaw. City is an inlencEc beneficiaryl
cf any Werk pE rformE d by 1 hE subcc rii ractc n fc r purpc aes c f estak lishing a duty of care
betwlE en the subcc ntractc r end City. Except as specifically authorized herE in, i hE
SE rviCE s to be flrc vided unc E r tl- is A grE emE nt shall nc 1 be otherwiisE assigned,
trarisferrE d, co ni racted or subcc ntractE d c L 1 w ithc ut tl- a pric n writilen approval cf City.
17. C WNERSIHIP C R OC CUMENTIS
17.1 Bach and Every re pc r1, craft, map, recc rc , plan, do CL me nt and c 1 he r
writing prcdcced, including but not limited tc, uvebsiies, blogs, scaial rriEdia acccunis
and applicaiicns (l eneinafter "Dccurrients",, prEpared cn caLsEd tc be prEpared by
Consultant, its ofilicEns, emplcyeEs, agents and subcontractors, in the course cf
irr plementing this AgreemErit, shall becc mE the EMlusivE prc pE rIy of Ciiy, and Ciiy
shall l avE the sc le right to USE suah materials in its discretic n without fL rthE r
compensaticn tc Ccnsultariil or any other party. Additionally, all material pcs1ed in
cyberspace by Consultant, its cffiCErs, emplcyeEs, agEriils and subccriilractcra, in the
course of implErrienting this AgreerrEriil, shall become the ExclusivE prcflErly cf City,
and Ciily shall havE IhE sclE right to USE such materials in its discretic n without fl. rthE r
compensaticn lo Ccnsultani cr any cther party. Ccnsultant shall, al Consultant's
expense, prcvide su& Dc currients, including all logins end pass%c rd informatic n Ic Ciily
L Pon price writilen rE quest.
17.21 Dc currients, including drawings anc specificatic ns, preparE d by
Cc nsulilant pursue nt tc this AgrE emE nt are nc 1 intended cr rE prE seriiled to bE sL itablE
fcr reuse by City cr cthers on any cther prc,ject. Any use cf CcmplEied Dccuments fcr
othEr prcjEcis anc any LSE of inccmplEie Docurrienis without SpecifiC written
autho rizatic n from Cc nsultarii v\ ill be at City's sc IE risk and vv ii he ut liability tc
Ccnsultant. Furl he r, any end ell liak iliily arising cut of & arigE s made tc Cc nsultant's
cEliveratIEs under this AgrEement by City or pErsons ctl-en irari Consultant is waivec
against Ccrisuliant, and City assumes full respcnsibility fcr such changE:i LnlEss City
hea given CcnsLltarii prior rictice and has rEceived frcm Consultant uvritien consErit for
su& changes.
17.2 CA DD data delivE red tc Ciily sl• all incluc E the prcfE ssic nal stamp of the
engineer or arcl- itEct in chargE cf cr rE spc nsible for the "ark. City agreE s il- at
Cc nsultani shall rict be liak le for clairris, liabilities c r Ic sses arising c ui of, or cc nnectE d
witl- Ija) the rric dificai ic n or misuse by City, cr anyone aLthe riaEc by City, of CA❑D date;
AlbEd Graver&AsscciatEa, Inc. Rage 6
10-11
(b; the decline cf acicuracy or readability cf CAD❑ data duE tc inappropriatE stc rage
cc nditic ns or duratic n; cr (c) any use by Ciiy, or anyone autl-orized by City, ci CA DD
data icr additions lo this Prcject, fcn tl-e complEtion of this Prcject by cthers, cr for any
ciher Prcject, excepting only sLch use as is aulhcnizEd, in writing, by Ccnsultani. By
accE ptancie of CA DD data, City agrE es to indemnify Cc nsultant fo r damagE s and liability
resulting from 1hE modification cr rriisLse cf such CADD data. All original c rawings shall
be submitlEc 10 Ciiy in the version of AutcCAD usEd bythe Ciiy in .Gwg file formai, cn a
CD, and shcLld comply with the City's digital submissieri requirements far irriprovErrieni
plans availablE from the City's Public Wanks DEparlment. ME City will provide
Ccrisuliant with City title sheets as AutcCA❑ file(s) in .dwg file ferrriat. All wriilien
dCCumEntS scall be lransmitted to City in fcrrriats compatible wish Micresoft Office
and/orviEwable with AdcbE Acirobat.
'17.4 All imprevemE nt anc /or constrc ctic n plaris shall bE prE pared with indeliblE
watE rprc of ink c n electrostatically plcttEd c ri standard twenty-fc L r inch (124"; by thirty-six
inch 1136") Mylar w ith a minimum 1 hick nE ss of 1 hrE a (3; mils. Ce nsultant shall provide tc
City 'As-Bc ilt' drawings and a ccpY cf digital CcrriputE r Aic Ed Design and Drafiling
I1"CA❑D",' and TaggEd ImagE RIilE Rlormat 11.1ifil; MES ci all sinal sheEts within ninEty (BCI;
c ays afiler finalizatic n cf the Prcject. Rlor mere detailEc rEquirements, a cc py cf the Ciiy
of NEwport Beach Standard Design REquirerrients is available from the City's Rublia
"orks DepartrriEri1.
18. OPINION OF COST
Any opinion cf 1hE ccnstrucftien ccst preparEd by Ccnsultani rEprEsenis the
Cc nsL Itarii's juc grrient as a c Esign prcfessional and is supplied icr the gE nE ral guidancE
of City. SincE Consultant has no cenirol cver ihE ccsi cf labcr and material, or ovEr
ccrripEtitive bidding cr market ccnditicns, Cerisulllant cces net guaranleE 1hE accuracy
ei such opinions as ccrripared tc Consultant or cc ntracftc r bids or actual cc st tc City.
9. CONFIDENTIALITY
All Dccurrients, including drafts, preliminary drawings cn plans, ncles and
cc rrirriunicaiie ris that rE suli from 1 hE SE rvicE s in tris Agreement, shall bE kE pt
cc nfidential unless C iiy expressly authorizes in writing the release of inic rmation.
210. IN 118L L BCTUAL FIROPERTY INDEMN ITY
Ccnsultani shall defend anc inderrinHy City, its agEnts, cfficers, nepnesEntatives
and emplcyeEs against any anc all liability, including ciosts, for iniringemEnt cr allEgEd
infringErrient of any Lniled States' Ietllers patent, trademark, cr ccpyright, including
cc sis, cc ntainE d in Ce nsullant's ❑e cumE nts prc vided L nde r this A grE emE nt.
211. RIBCC ROTI
CcnsLltarii shall keEp records anc invcicEs in connection with the SErvices to t
pe rfc rrried unc E r i his A grE emE nt. Consultant shall maintain ciomplEtE and accurate
neccnds wish rEspEct 10 the ccsis incurrEd Lnden this Agreement and any Services,
Albert GrcVell & Asscciaies, Inc. Rage 7
10-12
Expendifures and disbLrsErrienis charged to City, for a miniml-rri period of threE 113;
yE ars, or for any longer pE riod rE quirE d t y law, from the datE of final paymE nt to
Consultant under this AgrEement. All sucr records and invoicEs scall bE clearly
idEntifiable. Consultant scall allow a rEpresenlativE of Ciiyto examine, audit and make
transcripts or copiE9 cf such records and invoices during regular business hours.
Consultant shall allow inspEction of all Wcrk, data, Documents, procEedings and
activities related to ihE AgreE rrient fc r a peric d of thrE e (3) yE ars frc m the date of final
payrrientio Ccnsultarif under ihisiAgrEement.
221. WIITIHHOLDINGSI
City may withhold paymEni lo Consultant cf any disputed sums until satisfaction
cf ihE disputE with respect tc sucr payment. Such withhclding shall nct bE dEemEd tc
consfiitie a failure lo pay according tc the terms of this AgrEemerit. Ccrisuliant shall
nct disccrilinL E Wcrk as a result of suah %iir holding. Consultant shall havE an
immEdiate right lo appEal to the City ManegE r or designEe wilh respect lo suah disputed
sums. ConSL Itarii sr all be entified tc recEive interest on any withheld surras at the ratE cf
return that City Earned ori its investmEnts during the time period, frcm the date cf
withhc (ding c f e ny a rriounts fourid to havE beE n imprc pE rly withhE Id.
2112I. ERRORS AND CIMISISIIO N S
In the event cf errcrs or cmissicris that are duE lo 1he riEgligEricE or professicrial
inexperience cf Consultant wl-ich result in ExpEnsE tc City greaser than what wculd
have resulted if There wEre nct emiors or omissions in the Work acccmplished by
Cc nsultarii, ire additional design, ccristruction and/c r nestoraiien ExpE nse shall bE
be m6 by Cc nsuliant. IN othing in this SEiaticn is intEindeid 1c limit City's rigr is under the
law or any other sections cf this AglreE rrient.
214. CITYI'S RIG HT TC BMPLCY CTHBR C C NSUUTANTS
City rElserVES the right to Eirriploy cther Consultants in conriection with the
PrcjEict.
215. CC NALICTS C R INTBRIEST
25.1 Consuliant or its employeEis may be subject lo the prcvisions of the
California Pclitical REfc rm Aci cf 1974 (the "Act";, " ich (1) neqL irE s such persc ns to
disCIOSE any financial interES1 That may fc reseEiably be materially affecieid by the Work
perfc rrried under this AglreE mens, and 112; prohibits SLch persc ns from me king, or
participaiinc in making, deicisic ns that will forEiseeably financially affect sucr intElrelst.
25.2 If subject to the Act, Consultant shall conform tc all requirements of tr e
Act. Re ilurEi to do sc consiilL tes a materiel breacr and is grc L nds fc r immediate
tEirminatic n of this AgrEement by Ciiy. Cc nsultani shall indemnify and he Id harmless
City for any and all claims for damagEis resulting fiic m Consultant's violatic n cf iris
Section.
A lbert G rc ver & Assc ciaies, Inc. F ace 8
10-13
26. NCTICBE
26.1 All rictices, derriancs, regUESts cu approvals, including any change in
mailing address, 110 be gi\en under the ilerms cf this Agreerrieni sl -all be given in writing,
and conclusively sl -all be deerried served wreri delivered personally, cu cn the 11hirc
business day afiler the deposit ttenecf in the United Stales mail, postage prepaid, first-
cle ss mail, addressed e s he reinefte r provide d.
26.2 All notices, demands, requests cu apprc\als from Ccnsultani lo City sl -all
be addressed tc City at:
Atiln: David A. "ebb, Flublici We rks Directcn
Public Works Department
City cf Newperl Bee ah
100 Civic C e rile r Duive
PO Box 1768
New pc ri Be ach, CA 92658
26.3 All ncticies, demands, requests cr approvals frcrri Ciiy lo Consultant sr all
be addressed tc Ccrisuliant at:
Attn: MaO F. Hiller
Albers Grc\er&Associates, Inc.
211 E. Irripe ria I Hwy, Suite 208
FUllerion, CA 92135
"97. CL.4IME1
Unless a shorten tirrie iii Speciified elsewhere in 11hi.i Agreement, before making its
final requesll for payment Lndeu tl-is Agreement, Consultanll shall submit tc Ciiy, in
writing, ell cele ims fcr cc mpensatic n L nder or arising out of this Agreement.
Consultant's acceptance cf tl-e final payment shall ccrisllitute a waiver of all claims fcr
compensation Lnden or arising cut of this Agreerrierii except tl-ose previously made in
writing and identified by Consultant in writing as unsetiled al the time of its final request
fcr payment. Ccnsultani and City expressly agree 11hat in acditicn tc any claims filing
reqs ire menlls set forth in tl- a Agre ement, C on.iulte nt sl- all be required to file any claim
Consultant may V ave against City in strict cionformance with the Governme nt Claims Act
ISG ove nnme nt Cc de sect is ris 900 ell seq.,.
2E. TERMIINATIC N
281.1 In the event that either party fails or refuses to perform any cf the
prc\isions of this Agreement at the time and in the mariner required, that party shall be
deemec in default in the perk rmance cf this Agreement. If such default is not U read
within a period cf twlc 112) calendar days, cr if more tran two (2; calendar days are
reasonably regL ire d io CL re the default a nd the defaulting party fails tc give adequate
asst rariCe of dL a perk rmance within twc (2; calendar days afiler recieipt cf written
notice of default, specifying the nature cf such default and the steps necessary tc cure
Albeiri G rove r 81P asociatES, Inc. Page 9
10-14
SL ch default, and thereafter diligeriilly tak a steps tc cure the defaL It, the nc n -defaulting
party may terrrinate the Agreement forthwiilh by giving tc the defaulting parly wrillten
rictice tt erecf.
2 8.2 Nc iwithstanding the abcve provisic ns, City shall have tt e rigt 1, all its sc lei
and absolute discreilion and witt oLI clause, of terminating this AgreiE rrEni all any time by
giving no less llhan seven (7) calendar days' prior written rictice tc Cc nsL Itant. In ihE
eveint cf ilermination under this Election, City shall pay Ccnsultani for Services
satisfacitc rily perk rmed and ccsts incurred up tc the effective date of termination fc r
which Cc nsL Itant t as nc 1 been previc L sly paid. C n tt e effective date cf terminaiic ri,
Ccnsutlant stall deliver to Cilly all reiper19, ❑CCL ments and other information developed
or accumulateid in the performance of this AgreUrieni, "tether in draft or final form.
29. STANDARD PRCMISIONS
2 9.1 Recitals. City and Cc nsL Itant acknowledge tt at it ei abcve Recitals area
trL a and cc rrect and are hereby incorporated by reference intc this Agreement.
2 9.2 Compliance w iit all Laws. Cc nsL Itant shall, all its own cost and expense,
comply witt all s1latuteis, crdinancies, regulations and reiquireirrients of all gcveiirimeintal
eniiiies, inCILding feidemal, states, CCL my cr mL nicipal, whetter now in force or hereiinafiler
enacted. In addillic n, all Werk prepared by Cc risulilant st all cc nfc rrri io applicable City,
Coy, nty, state and feidemal laws, rL les, regulations and permit requireirrients and be
subject tc approval of it ei Prc ject Administratc r and City.
29.3 Waiver. A waiver by either party c f any breacih, of any term, covenant c r
ccndiiicri ccntained her6in shall nci bei deemed tc be a waiver cf any subsequent
breact cf the same c r any other temrri, coveinant or ciondition ciontained heireiri, whether
of 11he same c r a diffement character.
29.4 Integrated Ccriiract. This Agreeirrieni represEnts the full and ciompleite
undersilanding of everyl kind cr nature whatsoever between tte parties heretc, and all
preliminary negctiatic ns and agreements of whatsoever kind cr nature area merged
herein. Nc verbal agreement or implied covenant stall be held to vary it a prcvisions
herein.
29.9 Ccriflicts cr Incionsistericies. In the event ttere are any ccnflicisi or
iriccnsistencies betwlEen this Agreement and the rIccpe cf Seirviceis or any other
attacihmeints attached hereto, the terms cf this Agreement shall govern.
29.6 Interweiatic n. Tt ei terms of this Agreemeint shall be cionsirueid in
accordance witt the meaning of tte language used and shall not be ccnstrued for or
against either party by reason cf the authorship cf tt ei Agreement cr any other Mei cf
cc nstruciicn which might ctherwisei apply.
29.71 A rnE ridments. This Agreement may be me dilied c r amended c my by a
writilein doCL ment eixeicuted by both Ccnsuliant and City and approved as tc form by the
City Aitc rney.
A Iberl Grc ver & Assc ciates, Inc. Pagel 1 G
10-15
X9.8 Severability. li any tears c portion of iris AgrEeMEnt is teId tc be invalid,
illegal, or otherwiise urieinfomEablEi by a courl of ccrripEitEint juiiisdiclicri, the iiemaining
prcvisions cf this AgrEiement shall continues in lull forces and Effect.
291.91 Cc ntrc Iling Law and VEinuei. Thei laws ci thei StatC Ci California shall
gcvern this Agrek rriEirii and all matileirs relating tc ii and any acilicn brought relating tc
tris AgreemE rit shall bei ac jL dicatEK in a cc urt ci cc rripeteint jurisic iction in the County of
C rangEi, State ci California.
29.10 Equal Opportunity Brriployment. Consultant mprEisEiriis chat ii is an equal
opperiL nily emplcyer and it shall not discriminate against any subcc ntractc r, emplcyEee
or applicant for Employment because race, religious cire cl, ccicr, naticrial origin,
ancestry, physical handicap, MEC ical cc nditic n, marital silatus, sex, seixual c rientatic n,
age c any ctheir impermissiblC basis undEir law.
291.11 No Atic rneys' FEies. In thea Event ci any dispOei or legal acilion arising
under this Agreement, It EI prevailing parly shall ncl bei erilitlEcl lc atilorneys' feels.
291.'12 Counterparts. This AgmeiMCnt may be exElcuted in twc (2) or more
coLntEirparis, Each of wtict shall bei deemed an original and all of whict tcgeither shall
ccristitutEi cm(1) and it EI sarriEi instrumeint.
[SIGNATURES C N NEXT RAGE]
Albers Grciver & Asscciales, Inc. Pag6 11
10-16
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATT?R,EY'S OFFICE
Date: r
B �J�
By:
in
C. Harp 0q.()q 1(0
City Attorney [
ATTEST:
Date:
in
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Diane B
Mayor
Dixon
CONSULTANT: Albert Grover &
Associates, Inc., a California corporation
Date:
By:
Albert L. Grover
President/Chief Executive Officer
Date:
By:
Mark H. Miller
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Albert Grover & Associates, Inc. - Page 12
10-17
BXHIBIIT A
S CC PE C F S BRVICBS
BALJEICA PENINSULIA RSDES IRIALJ CRCSSING STUDY
TASIK 1: Project Management, City Cccrdinaticn, and Ad rr inistration
Strcng results-cniented IeadErship is a key ElEment of ACA's management approach in
ander to fully leverage tcth the ExpEdise and experience of the prcject tEam. Rcr this
reascn, Mr. Marta Miller, R.E., RE., PTC9, has bEen idEntified as 1hE Rroject Manager.
As SLch, he will be the City's primary cc ntact fc r 1hE prc jEct and will bE respcnsit IE for
the day-to-day rrianagEmErit ofthE prcjECI. Mr. Miller will cccrdinatE all meetings whiah
are includEc as pari cf the sccpe cf work, and rriakE any reqs EstEd presE ntatic ns tc the
pL blic, City staff, cc rrimittEes, commissic ns, cr cc uncil. HE will bE rE spc nsible for
adhere nCE tc the pnojE Cil schEc ule and, alc ng with Mr. David Rcisie main, far maintaining
qc ality contrc I of ell project \,\ ork prc ducts. ACA has a cc rriprE hE nsive C ue lity
AssuranCE/Qualiily Ccritrol prcgrarri tc ensu rE accuracy and compliance to sllandards for
all aspects cf a prcject. In shcri, Mr. MillEr will do Everything neCEssary ilo ensLrE tl•at
the prcject is ComplEted on limE, v0tf in budgEt, and in a me rinE r that fulfills all cf the
goals and cbjEClNES cfthe City.
Brief progress rrieEIingsi, either in perscn c cverthe phcnE, will be held vviilh the City's
project manager cn a rrcntl•ly basis during the course cf the prcject. Addiiicrially, Mr.
Miller will fully leverage ACA's prcject administrative team ExpEriEnCE in managing the
prcject, including prcject budgEt ccntrol and invcicing, tracking cf ihE prcject sichedLIE,
rEgular prcjEci updates and progress neperts, agency ccrrirrieni dispcsiticns, and
dcCL me nt contnc I and filing. A payment s& Edule listing ihE milestone,IdE livers bleils) and
dollar amounts, and a schEdule indicating when each item will bE ccrripleted, will also
to prcvidEd, along wish invoices and prcgrEss reperis. li is anticipated chat all work
cnder chis pnojECil can be ComplEied v0tf in si> mcnths cf receipt cf a fcrrrial NoticE tc
RrocEed. Oun preliminary project schedLIE is on the following pagE.
The initial analysis (IpEdEstrian/ticyCle ccunts and acaident histcry) can be completed
and neviEMd with the City pricr to the selection cf the Iccaticns tc be counted during
the non-surrimer period, but when schocl is in session. We anticipetE this tc lakE plaCE
the last week cf SeptErribEr or first week cf CctcbEr. Lpon rECeipt of NoliCE tc RrcceEd,
ACA will preparE a mcre detailed prcjEci schedulE that includes stare datEs, activity
duraticns, and prcducil submittal dales.
ACA's rIrcject ma na gE r will conduct a pnojE ct kick-off meeting will• the City tc discuss
and finalize prcject cbjEctives, ihE sccpE cf work, the project schedule, and various
budget factcns. Sincie this initial rrieEting sets tl-e stage fan the Entine project, our
prcjEci ma na gE r and key task IE aders \ ill all k e in ate ends nCE et the meeting. It is
anticipated that there will be at least tl- rEE additional in person meetings with City staff
as a Mart cf this prcject: cnE to rEviEW the results cf the initial cressvwalk evalualicns,
c ne tc review the results of the nc n-summE r pea k PE deal ria riJbicycle cc unts, a rid c ne
to review the findings and reco mrriendetions fc r the final reperi.
Albert G raver & Associates, Inc. Rage A-1
10-18
AGA's prc jEC`l manager will alsc atllend a "Tcwn Hall" style Meting to presE nt IhE
r6pc r1's findings and recc rrimeinda11ic ns to the pL blic. It is assn meld that the City will
self c11 a location for it Ei Melling, c rganize it ei rcom getup and ag6nda, and provides
public ricticei. Wilt City's Arojeict Manager's ccricurrence, Mr. Miller will present thea
findingsi and reccmmeindallicns of 1hE study to 11hE audi6ncEi and to \Rill uemain
available i aflEir the pre Cntation for questic ns. Mr. MillEir \A ill alsc puesemt the findings
and recc rrimeindatic ns from thea study at a City Cc unail Meeting.
TANK 2: Rreiliminaryl Rield Review and Daia Collection
AGA slafil will ccriduct field reviews of the ihirly-seven uriccntrollEid inlersEclicn
crosswalk Ic cations alc ng NEwport Bc ulevard and Elalbc a Boulevard. The reviewsi \Rill
include inveintcrying traffic ccriirols and lighting, revie\Aing signing and striping,
revie\Aing the location cf cucss\Aalks and tl e6r visibility, observing trafilic and p6d6siuian
activity, and dEilermiriing subsiiantial ccrripliancE1 \Ai11h curuent traffic Engineeuing
slandauds perihe 2014 California Manual on Traffic Ccntrcl DEIVICEIs. The rEviEwlearri
will bei cn the lockout fcr special charactEiristicsi 11hai cculd bei a factcr in detEirmining
tte mcst apprcpriaiei traffic ccntrols basted cn traffic and physical characleristicsi at
each Ic cation. Such charactEiristics cc uld includEi, but nct be limilled tc, puoxirriity tc
sichc cls and senic r ceintEirs, presence i of bus stc ps, Ic cation cf drivEiwaysi, c n-strEet
parking activitiE sdreistrictionsi, drivET be t avic a and adE qL acy c f travel and turning lanes,
ivafilic cc rigE ENic n, pedestrian rc utE S/patterns, ADA access, and the pEircentagC and
1ypE of larger vehicles traversing the area. It is importani io rictE chat this prccess of
reviewand pc iential problE rri id6ntificatic n \A ill bei tmrrieiridc usly einhancE d by the rric ue
Than 40 yeaus cf ExpEiriEincEi cf Mu. MillEir having pEirformed similar field reiviews for
bcih municipal and privates cliEints.
ACA's sib-consLltani, Nallicrial Data Service I1N0E-1), will bEi tasked with post
puc cEissing tt e 24-hc ur videc data 11 hal \Aas recently cc Ilecteid by the Cily in August
201E at tt e thirty-sevEin uncc ntrcllEd intersEictionsi and four contrc Iled inteuisectic ns.
ThE data gatheirEd includEid relevant bicycle and pedestrian data necEissary fcr the
cresswalk evaluallicns. AGA will discuss Each location \Ailh the City tc deteiirriine the
number of he urs cf data to bEi past puocEissed and tabulatE d.
Based cn the data gathered in August 2016 and ACA's review cf ttei accidEint histcryl,
NDS will be taskEid with ccllecting 24-hcur videic counts at a maximum cf 1h6 twenty
unccntrcllEid intEirsiection cresiswalk locations. ThesEi non-siummeir ccunts will bei
ccllecteid afilar Labor Day, and after schocls are back in session. Based cri discussicns
\Aii h the City and cur analysis, w e will deitEirmine the Ic catic ns tc be couriied, tt ei
numbeir cf he uus cf data to ihE data should bei ccllEicied c n a weiEikday, c r weiekEind day.
TA SIK 3: C c nduct A cc ideint History) Analysis
The AGA project iearri will cc nduct a cc rriprEihEinsive rEiviEiw cf thrElEi years cf cc Ilision
histc ry for pedestrian and bicyclE1 involved crashers at all thirteen contrc Iled and 1 hidy-
six uncc ril rolled intEirseiction Iccaiicns. CurteinurEid staff \A ill nct just review a SWITRS
Albert Grcveii & Asscciales, Inc. Page A-2
10-19
or C rossrc ads report, they will cc nduct a cc rriprE ssivE analysis of the Ca lift rnia
Highway Flatrcl iJCF P) 555 reports. Zlhe City sl -all ccoperetE and \Rork with Consultant
io facilitetE a review cf accident rEperis in the study area.
All of 1he Engineering analysis of ihE accicEnll histcry, bcth quantitative and qualitative,
will bE summarized and recommendations made as lo the mcst aprimpriale traffic
ccntrcl stratEgiEs tc consider tc address accidEnts cn bcth a pEninsula-wide level as
well as c n en individual crossing or intersectic n IevEI. As e pari cf this Efiicr1, the AGA
project team will also ccnsidEr other pedestrian safEiy rrieesurEs or Enhancements
specifically dEsignEc 10 ICWEII the risk cf future accidEnts. Such safety rriEasures or
EnhancemEnts that could come cut cf the accideni histcry analysis inclucE signing or
striding &arigEs, changes in crossing criEntation or Iccaiicri, and modifications to
Existing traffic ccnirols. li is anticipalled that the results of this safely Evaluaiicri will
beccrriE a kEy comrlcneni cf the final report.
TASK 4: Conduct Cress%alk Eualuatiorsi
As a part cf this task, the AGA prcjECt tEam will ccnsclicatE ihE sitE-spEcific
pedestrian/bicycle/vehicle count data, accidEriil history analysis, field review nctEs,
lanc USE, and enginEering cbsErvaticns cf s1reE1 activity al Each cf the Lncontrclled
intErsecticn cressings into Easily understandable lablEs and graphics. By summarizing
data in this manner it will bE easier tc spci corrEletions, patterns, and trends with
respect to pEcesirian activity and adjacent land use, attractions, accidEnts, traffic
contrcls, anc irafficvclume. Itis anlicirlatEc ihetthEse tablEs and graphicsvwill beccmE
a kEy ccrripcnerii of both the Evaluation of the Existing pedestrian facilities and cf ihE
final report.
Wheri evaluating the necessity for marked cresswalks fcr other jurisdictions, AGA has
succEssfully utilized 1he City of San ❑iEglc's rlclicy and warrant analysis methodology
fcr ihE Evaluation of rriarkEd and LnrriarkEc pedestrian cresswalks. This pclicy has
bEen widely used throughout Califcrriie, as well as in othEr states, as a basis fcr
assEssirig pEdestrian crosswalk neEcs. This SEI of criteria lakes intc ccnsicEraticn all
suclgEsted factors tc bE evaluated in the Califcrnia ManL2I cri Uriifcrrri Traffic Ccntrol
DEVICES ilCAMUTCD) fcr the rEccrrirriendaiion of the insiallaticn cif marked pedestrian
cressings. Additionally, as a part cif CIr eveluaiiciri, AGA will reference tl-e 2005
Rederal Higl-way Administraiicn Firial Report and ReccirrirriEridEd Guidelines titled
"SefEty Effects of MarkEd VErsus Urimerked Crosswalks at Lncontrclled Loicaiicns",
1 hE "2015 Cciunty Lcis A rigE les DE Fla rtment of Flublic We 6 s M arkE d Crosswalk
Eveluaiicn Flolicy," anc other related resEar& publications cin best practices.
1ASK fl: Prepare Conceptual Improvement Draiwirglsi/Preliminary Ccsit Esitirriaitesi
Based cin data glatherEd and EriginEering reviews conductec in the prEvicius fcurtasks,
ihE AGA project team vAill prepare ccrmEpiluel irriprcVErrient drawings and prEliminary
Estimates for ihE rEcoimrriendEd crosswalk improvErrienis and safEiy Enhancements.
ThE ccricErlival irriprcverrient c swings will clearly illcstratE 1he various types and
laycuis cf ihE Exisiling crosswalks on the peninsula and the AGA project tEam's
Albers G rover 81 AsscciatE9, Inc. FIagE A-3
10-20
rEcorrirriendEd modifications. If only minor signing and striping changes arE
rE corrirrie ndE d at a lociation, the conCE ptual improvemE nt drawings will be sufficiently
detailEd suah that thEy aan be used as a "work ondEr' for implEmentaiion by Ciiy chews
or a contractor. If a rrione elaborate improvement is rEaommended at a location
(relccation of crossing, electronic warning devices, bulb -outs, Eic.), a deiailed
consinuction plan will moss likely bE required fan irriplemEntation. In such cases the
conaeptcal Alan will be sufficiently dEiailed such that an EngineEr las sufficiiEnt
infcrrriaticn to devElcp the dEiailed constrLciicn drawing. PrEliminary ccst estirriatEs
will be prE pared for all rE ccrrimendations based c n the concepti al drawings.
Crie cf the key aspEcts cf the various ccncEptual imprcvemEnt drawings devElcpled
will bE to crease a neighbonl-ocd friendly ccnsisteni apprca& to cresswalk trafilic
controls and aesihEtics c n il• a pE ninsula. In develc ping the conceptual imprcvemEnt
drawings, the AG A project team will carefully cc nsidE r all rc adway L SE rs, reside rii and
business aEstl-etic expectations, and safety fan peninsula residents and visitors alike.
11hE AGA prcjEci seams will be focused cn enhancing mciorist visibility of crosswalks
and pE dE si riaris tl- rc L gh signing and striping, c r cther necc rrimE nded physical
implrcvemEnts That are in substantial compliance wish ihE CAMLTCD, currEnt inafilic
engineering practice, and CommL nily expectatic ns.
TASK 6: De%elcip Crosswalk Policy) Frame%cirk
Daring this pl-ase of the wcO, the AGA protect seams will survey nEigl-bcring beacih
cc rrimunities to Clete rrriine w hat policies c r pnacticE s the se : urisdiciic ris might I - ave w ii h
rEspEai 10 Lncontrclled cresswalks and their associated warning devices. "e will also
utilize existing docurrie rias IjCA IV L TCI7, Elan Diego Pc liay , RF"A rE porl, LA DPW
Marked Crosswalk Bvaluaiion, etc.' for rEferenCE. AGA engineErs will develop a
surrimaryl cf pcssiblE crosswalk warning systems/approaches that would bE applicable
in the City cf Newplorl Beach alcng with a list of their asscciaied bEnEfiis, drawbacks,
and reported EffEcgiveness. These dccurrients will be used tc discuss tl-E clEvelopment
cf a l:lclicy framework wish key City staff that would outline what warning fEatures should
be affc rdE d uncc ntrollE d crc ssw alks on the Balboa Peninsula, c r tl- rc ugl- c d the City. It
is likely That a series cf appnoa&Es will be developed based cri the 1ypE cf cressing
(schc of / peclE strian), type of roadway 112 -lane / 4 -lane), 1 raffic vc lurrie, and cressing
activity.
Working witl- City staff, AGA enginEers will thEn craft a dnafil pclicy framEwcnk fcr all
types cf unciontrc Iled crosswalks irealments in the City from paint & signs, tc electrified
warning dE vices, tc signaliaation. C nce apprcved by apprc priate Ciiy staff ihE
frarriewcrk will bEaome a pari cf the final report as a rEccrrirriendEd practice.
TASK 7: Hirail RlepertiDcicumerts
AGA will prE pare a preliminaryl draft of tl- a final rE pc 11 SL mmarizing the investigation and
reccrrimEndaiicns for all uncontrolled intErsection cresswalk locaiicris arialyaed,
including the cc riCE ptual improvemE nt drawings and the crc ssw alk pc licy framewc O
tl-at was developed. The draft replcrl will prcvidE a complete dcCcmEntaticn of the
Albert Grover 81,A ssociatEs, Inc. Rage A-4
10-21
project, including a discussic ri of prcjE ct SCCPEI, c bjeiCtivE s, rriethc do lc gy, findings,
rEiccrrirriendaticns, anc ccnclusions. While MLch of the informaiicri ccntainEic in the
rE pc r1 will haves alrEiady bEiEin preisEinted tc City staff dL ring the ccursE cf the prc jE C11, the
r6pc r1 will ccrribinei il- e results cf all cf il-ei individual cc rripc nEints in c ne te& nical
doCL me nt. It is anticiipateid tr at thEi drafil rE pc r1 will haVC to be mViEmElc by a numbeui of
City staff bEifcrei bEing finaliaEK. AGA will inccrpcnatei all CcmmEnts, rEComrriencations
and suggestions intc the Rinal PrcjEcit Report.
AlbEiri C rcver & AsscaiatES, Incl. Page A-5
10-22
EXHIBIT B
SCHEDULE OA B ILIJING RATES
Albers G rcver & Asscciatesi, Inc. Page 8-1
10-23
Balboa Peninsula Crossing Study
Task
PROJECT COST
Description Cost
Task 1
Project Management/City Coordination & Administration
$9,170
Task 2
Preliminary Field Review and Data Collection
$28,790
Task 3
Accident History Analysis
$5,640
Task 4
Crosswalk Evaluations
$12,170
Task 5
Conceptual ImprovementsJPrelim[nary Cost Estimate
$16,720
Task 6
Crosswalk Policy Framework
$4,920
Task 7
Final ReporUDocuments
$6,520
Total:
See attached Table for Cost Breakdown by Flour and Task.
$83,930
Note: Task 2 above is based on all the data being collected as suggested in the RFP. AGA has secured a low per hour fee from
our sub -consultant for "watching" and processing the recorded videos. This gives us the flexibility to review and post process only
the hours needed on a location -by -location basis. Through collaboration with the City and by making intelligentlinformed decisions,
a reduction of data collection and processing costs could be accomplished, thus reducing the fee for this task.
ALBERT
F—'+ROVER 8c
10-24
PROJECT TOTAL: $83,930.00
ALBERT
RQ'4''ER &c
A•Sc�CT ETES
10-25
TASK
TASK
TASK 3
TASK
TASK
TASK
TASK
Jab ClassificatlantTitle
Hourly
Rates
Field Review
Accident
Crosswalk
';
TOTAL
HourslCost
Project
pato
Data
History
Crosswalk
Conceptual
Policy
Management
Analysis
Evaluations
Improvements
Framework
Report
Report
Project ManageriVice Presudent
24
a
12
16
4
6 1
4
74
$254.00
Mark Wier
$6,000;00
$2,000,40
$3,000.00
$4,000.00
$1,000.00
$1,500.00
$1,1700.00
$18,500.00
Quality ControllPrincipall Engineer
2
0
0
0
2
2
6
12
$225.0[}
David Roseman
$450.00
$0.00
;$0.00
$0.00
$450.00
$450.00
$1,350.00
52.700.00
Sr. Cesign Engineer
4
0
0
8
24
0
6
42
$185.00
Rvben Perales
$740,00
$0.00
$0.00
$1,480.00
$4,440.40
$0.00
$1,110.00
57,770.00
Senior Project Coordinator
12
18
8
18
18
18
12
10`1
$165.00
Chad 1Veinot
$1,984.40
$2,970A0
$1,320.00
$2,970.00
$2,970.00
$2,970.04
$1,980.00
517,160.00
Transportation Engineer
0
8
8
8
12
0
0
36
$165.00
Roland Hizon
$0.00_
$1„32{1.00
$1,320.00
$1,320.00
$1,980.00
$0.00
$0.00
55,940.00
Associate Engineer
0
0
0
12
24
0
0
36
$110.04
Elias Garcia /KawafMang
$0.00
$0.00
$0.00
$1,320.00
$2,640.00
$0.00
$0.40
$3,960.00
Assistant Engineer
0
0
0
12
36
0
12
60
$90.00
Andrew Luna/Jessica Esonoaa /'Yolanda Rodriquez
$0.00
$0.00
$0.00
$1,080.00
$3,240.00
$0.00
$1,080.00
$5,400.00
Data Collection Sub -Consultant
0
450
0
0
0
0
0
450
550.00
hlafl�naiData Sewices
$0.00
$22,500.90
$4.00
$0.00
$0.00
$0.00
$0.00 1
$22,540.00
Total Hours
42
484
28
74
120
26
40
814
$9,170.00
$28,790.00
1 $5,644.00
$12,170.00
$16,720.04
1 $4,920.00
1 $6,520.00
$83,930.40
Labor Cost
PROJECT TOTAL: $83,930.00
ALBERT
RQ'4''ER &c
A•Sc�CT ETES
10-25
Crossing Study
Balboa Peninsula
SCHEDULE OF HOURLY RATES
Effective July 1, 2015
Principal/President
$
275
Vice President
$
250
Director of Project Development
$
250
Principal Transportation Engineer
$
225
Senior Transportation Engineer
$
200
Senior Design Engineer/Project Development Manager
$
185
Advanced System Integrator
$
180
Senior Associate
$
170
Transportation Engineer/Senior Project Coordinator
$
165
Design Engineer/Senior Signal Systems Specialist/Construction Inspector/System Integrator
$
150
Associate Transportation Engineer/Civil Engineering Associate
$
140
Transportation Engineering Associate
$
135
Signal Systems Specialist
$
135
Signal Systems Technician
$
125
Senior CARD Operator
$
125
Project CoordinatorlAssociate Engineer
$
110
CADD Operator
$
110
Assistant Transportation Engineer/Assistant Engineer
$
90
Traffic Enumerator, Engineering Aide
$
75
Engineering Aide II
$
50
Subconsultants will be billed at cost plus 20%
`1,� rR'+OVER &
10-26
EXHIBIT C
INSURANCE R13CU IREM13NTS — PRC F13SSIC NAU SBRVIICSSI
1. Rrcvisicn cf Insunance. Wiihcut limiting Consultant's inderrinificaticn cf City, and
priorio ccrrimericerrient cf WcO, Consultant shall obtain, provide and maintain at
its cwn expense during the term of this Agreement, pclicies cf insurance cf ire
type and amouriis described below anc in a fonrri satisfactory to City. Ccnsultant
agrees tc provide insurance in accc rdance with requirements set forth here. If
Ccnsultarii uses existing ccvenage tc ccrriply and that ccverage does riot meet
hese requirements, Consultant agrees to arrierid, sLpplerrieni or endorse the
exi.iiing cove rage.
2. Acceptable Insurers. All insurance policies shall be issLed by an insurance
company currently a0hcriaed by ire Insurance Commissic ner tc transacit
bu:iiness of insurance in tre Slate of California, with an assigned pclicyrolders'
Racing cf A- I1on higher) and Rinancial Si21e Categcryl Class VII (or larger) in
accordance with i he late.ii editic n cf BE,91's Key Rating G L ide, unless otherwise
apprcved by the City's Risk Manager.
II. Ccverage Requirements.
A. Workem' Compensaticn InEiurance. Ccrisuliant shall maintain "orkers'
Ccrripensalicri Insurance, stattlory limits, and Emplcyer's Liability
Insunance with limits cf at least cne million dollars ($1,00O3C0C; each
emplcyee fc r bcc ily injuryl by accident and each employee fan bodily injury
by disease in accordance with the laws cf the State cf California, Section
3170C cf the Labc n Code.
Ccnsultant shall sLbmii to Ciiy, along witr the cerlificate cf insurance, a
"giver of SLbnogaiicn endorsement in favcr cf Ciiy, its City Council,
be ards anc cc rrirriissic ns, ofilice ns, age nts, volunteers, a rriploye es and any
perscri cr eniiiy owning or otherwii.ie in legal ccntrcl cf tre prcperly upon
which Ccrisuliant performs the Rroject anc/or Services ccriiemplated by
iris Agreement.
B. General Liabiliiv Insurance. Consultant shall maintain cc rrime rcial general
liability insurance, and if necessary umbrella liability insL rance, with
coverage al least as broad as provided by In.iurance Services Cffice form
CG CO C1, in an arrioLnt not leEi.i irari one millicri dcllars ($1,COC,COC,' per
occurrence, twc rriillic n dollars ($2,C OC,C OC) general aggregate. The
pc licy shall cc ver liability arising from pre raises, c pe vatic ns, persc nal and
adverlising injur% and liability assumed L nder an insured contract
ilincluding the tc ri liability of anothe r assumed in a buEiiness cc ntract).
C. Autcrricbile Liabiliiv Insurance. Ccnsultant shall maintain automobile
insunance al least as broad as Insunance Services Cffice fcrm CA CO 01
ccvering bcc ily injL ry and property damage fan all activities cf C onSL ItanI
arising out of c r in connection with Work lo be performed unc er 11his
A Ibert G rove r & Associates, Inc. Rage C-1
10-27
Agreement, including cc vera ge for any ownec , hired, non -ow reed or rented
vehicles, in an arrMi-it nci less than cne millicn dcllers ($1,0010,0010)
ccmbiried singlC limit ea& accident.
D. PrcfEissione I Liabiliiy (Errors & Omissions) Inst ra nCEi. Cc nsultant shall
maintain prcfE ssional liability insL rancEi that covETs the Services to b6
pE rformE d in cc nnectic n with this A grE emEM, in the minimum a me L nt of
one millicri dollars ($1,000,000, pen claim and two million dollars
ij$2,0100,000) in ihE aggrEgete. Any policy inception date, ccntiriuiiy dale,
on rEtnoactive dale must be bEfcre the BffEctive Date of this Agreement
and Cc nsultant agneEs io maintain cc ntiriuc us covE rage through a period
nc less than il•rEe yEars afiler CcmplEtion of the SErvicEs rEquirEc by this
Agreemeni.
4. OthE r Ingure nce RegL inements. Tl• E policies are is contain, or bE E ndorsE d is
contain, 1 hE following provisic ns:
A. WaiVEll of SLbncgaiicri. All insurance coveragE rriairitainEd or proCLred
pL rsuant tc this AgrEemE nt shall bE endc rsEd to waive sL brogaiiori
against City, its City Council, bcards and commissions, offiCErs, agEnts,
voluriteE rs, E mployE es and any person c r entity owning or ciherwise in
legal control of the prc pE rty upc ri which Cons Itarit perfc rrris the Project
and/or .IeruiCEs contErriplatEd by this Agreerrieni or shall specifically allow
C onoulte nt c r othE ro providing insurance evidE nCE in compliance witl-
thE sE regL inemE nts io waive their right of recovery pric r to a loss.
Consultant herEby waives its own right of reccvEry against Ciiy, and shall
rE quirE similar w nit1E n ExpmOS we ivers frc m each cf its subcc nsulta Ms.
B. Additional InsurEd Status. All liability pclicies including gE nE ral liability,
E)Cess liability, pollution liability, and automobile liability, if rEquirEd, tut
not iriCIL ding prcfE ssic nal liability, shall provide or be E ndorsE d to provide
that City, its City Council, boards and commissions, officers, agents,
volunteers, employeEs and any pErson or entity owning cr othErwiise in
legal ccntrol of ihE pncperly upcn which Consultant perfcrrris the Rroject
e nclJor Services contE mplatE c t y this A grE ement shall bE inCIL dE d as
insureds unc Ell such policiE s.
C. P rima ry and Nc n Cc ntrit utc ry. All liability coverage shall apply on a
primarybasis and shall not require coriiributicn from any insurance cr self-
insL ra rice maintained by City.
D. Notice of CanCElletion. All policiEs shall provide Ciiy with thirty (101)
calendar days rictice cf ce ncellatic n (ExCEpt fc r nonpayment it r which tE n
(10', calendan days rictice is required; or nonrenewal of coveragE fcr each
neqLirEd ccveragE.
5. Additic ne I Agreerrienis BetwE en the Parties. -Rhe parties herEt y agree tc tl• E
following:
AlbEri Grover & Asscciates, Inc. PagE C-2
10-28
A. Bvidence cf Insurance. Ccnsultarill shall provide certificates of insLraricE
tc City as evidence cf ihE insiurancE ccveragE required herein, along with
a waivErcf subrogaticn EridcrsErriEni 1crwc6ers' compensaticn and cihEr
endorsements as specified herEin for ea& ccveragE. Insurance
certificalles and EridcrsErrieni MLst be approvEd by City's Risk Manager
rlricr to commencemEnt cf pEricrmaricE. Cumient certificaiicri cf insuraricE
shall tE kept cn file with City at all times during IhE term cf ihis
AgrEemEnt. City rEserves the right io rEquirE complEtE, certified cc pies cf
all requirE d insurance pc HCllesl, at any limE .
B. City's Rigl-1 10 RlEASE RegLiremEnts. City resErvEs ihE right at any time
during tl- a tE rm of the AgreE rriE rill tc aha nge f hE amc L nts and types cf
insL re rice required by giving Cc nsulte rii sixty (E 0) calendar days advance
written nclicE of stud' change. If stud' change resulisi in siubsiiantial
additic ne I cost io Cc nsultani, Ciiy and Consultant may rE nEgctiatE
Ccrisuliani'si compensatic n.
C. BnfcrcemEnt cf AgreErriEni Provisions. Ccnsultani ackncwledgEs and
agrees chat any actual or alleged failure cn the part cf City is inform
Ccrisullant cf non-ccrripliancE with any regLiremEnt imposEs nc additional
obligations cn Ciiy nor do es it "sive any righisi hE reurider.
D. REquirements nci Limiting. RlEquirerrients of SPEcific ccvE ragE features
or limiisi ccntainEd in ihis IIEction are riot intErided as a limilaticn on
covErage, limits or other rEquirErriEnisi, cr a "giver of any ccveragE
ncrrrially prcvided by any insurance. SpEcific refErence io a given
covErage feailrE is for pLrposEs of clarificaticri crily as it pEriairis io a
given issue and is nol intE nded by e ny rla riy c r insured tc bE all inclusive,
or to the E)clusiicn ci c1hEr coveragE, cr a waiver cf any typE. If ihE
Cc nsultani maintains higher limits than 1 hE minimums shove n abovE, ihE
City requirE s and sl -all be E ntitlE d tc covE rage for l- ighE r limits maintained
by the CcnsLltaril. Any availatlE insiurancE proceeds in ExcEss of the
SPE cifiE d minimum limits of ins ra ncE and cave rage shall be available tc
tl- E Cily.
B. vlelf-insurEd REtenticns. Any sElf-insured rEientionsi must bE dEalered tc
and apprcved by City. Cily resErves ihE right to requirE that self-insured
retEriticns be eliminatEd, IcwEred, or rEplaced by e dEduciible. SElf-
insure ncE will not be cc nsidE rEd io comply with thesE requirE rriEritsi unlEsisi
apprcved ty City.
R. City RemE dies for Nc n-CcmpliancE. If Cc nsultani cr any subcc nsL Ita nt
fails to prcvidE and maintain insurance as required f erEin, then Cily shall
have ihE right but ncl the obligation, tc purchase such insurance, tc
lerminatE this AgreE rrieni, c r tc suspend Cons Ita nt's right 10 procE ed until
prcpEreividEncE cf ins raricE is prcvided. Any amcunix paid by City shall,
at City's stole c ptic n, be deducted frcrri amounts payablE io Consulte nt cr
reirribl. rsEd by Consiultent upon demand.
Albert GIIOVEr & Associates, Inc. Rage C -;:I
10-29
G . Timely N oticie of Claims. Contractcir shall give C iiy prompt and 1 imE ly
noticE of claims madEi or suits institLied that arise out cif cir result from
Contractor's pEirformance under this Contract, and that involve or may
involves covEirage L nder any of thEi required liability policies. City assumes
no cibligation or liability by such noticEi, but has the right (but ncl the duty)
to mcNtcir the handling of any such claim or claims if thEy area IikEly tot
irivolvei City.
F. Consultant's Insurance. Consultarii shall alsci prcuure and maintain, at its
cwn cost and EXPEinse, any additional kinds of insurances, which in its own
jL dgMnt may bEi necessary for its proper protection and prosEiciution of
thEi Work.
AlbEiri C rciveir & AssciciiatES, Incl. PagEi C-4
10-30