AGENDA REPORT
Meeting Date: March 11, 2024
Item Number:
To: Honorable Mayor and City Council
From: Daren Grilley, Assistant Director of Public Works/City Engineer Jessie Holzer Carpenter, Transportation Planner
Subject: AGREEMENT WITH DKS ASSOCIATES FOR DESIGN OF THE
RECTANGULAR RAPID FLASHING BEACON (RRFB) AND
PEDESTRIAN HYBRID BEACON (PHB) SYSTEM FOR
PEDESTRIAN CROSSINGS; AND
APPROVAL OF A PURCHASE ORDER IN THE AMOUNT OF
$151,966.00
Attachments: 1. Agreement with DKS Associates
RECOMMENDATION
Staff recommends City Council approve an agreement with DKS Associates for Design of the Rectangular Rapid Flashing Beacon (RRFB) and Pedestrian Hybrid Beacon (PHB) System for Pedestrian Crossings in the amount of $151,966.00; and approve the issuance of a purchase order to DKS Associates in the amount of $151,966.00.
INTRODUCTION
This project is for design of two new enhanced pedestrian crossings: RRFBs at the intersection of Robertson Boulevard/Gregory Way (southern leg) and a PHB signal (also referred to as HAWK signal) on Olympic Boulevard between Wetherly and Almont Drives.
As discussed in this report, both locations were identified as high priority locations to improve pedestrian safety and access.
Meeting Date: March 11, 2024
BACKGROUND
On April 20, 2021, City Council adopted the Complete Streets Plan and Complete Streets Action Plan. Both documents are available on the City’s Complete Streets website:
www.beverlyhills.org/completestreets. One of the primary goals across these plans is to make walking a more convenient and safer option in Beverly Hills. The Action Plan, which identifies high priority projects for installation, recommends exploring opportunities to expand pedestrian infrastructure and implementing projects identified in Metro’s First/Last Mile Plans.
The City is actively working to improve safety and walkability in preparation for the opening of the Metro D (Purple) Line Extension stations at Wilshire/La Cienega (2025) and Wilshire/Rodeo (2026), as the number of people walking in Beverly Hills is anticipated to substantially increase. In 2020, the City began replacing existing marked crosswalks on all street classifications with higher-visibility continental crosswalks, consistent with recommendations from the Traffic and Parking Commission. All crosswalks are scheduled to be converted to the continental style by the end of 2024.
Additionally, construction is ending on five crosswalk projects funded in part through a Metro 2015 grant. These projects include enhancement of three existing crosswalks (Robertson Boulevard/Chalmers Drive, Wilshire Boulevard/South Palm Drive, and 200 block of South Beverly Drive) and two new midblock crosswalks (400 block of North Bedford and 400 block of North Camden). When construction is completed, all marked crosswalks on arterial or collector streets in Beverly Hills will either have some level of traffic control (e.g., traffic signal) or include added visibility enhancements, such as RRFB or PHB signals.
DISCUSSION
To further implement the Complete Streets Plan, prepare for the opening of the Metro stations, and build off recent efforts to improve walkability, the City developed a list of proposed locations for new pedestrian crossings on arterial and collector streets where existing spacing between controlled crosswalks (i.e., signalized or stop signs) is so long that it presents an obstacle or deterrent to pedestrian travel. The arterial and collector street classifications were chosen as these streets, by their nature, have higher traffic volumes and speeds than local/residential streets.
This project began by collecting data on the locations of all existing controlled pedestrian crossings within the city limits, including those planned or in-progress. Data included signalized crossings (intersection and midblock), scramble crossings, and flashing beacons. For arterial and collector streets with higher levels of existing pedestrian activity, locations were identified to provide a controlled pedestrian crossing approximately every 600-800 feet. For arterial and collector streets with lower levels of existing pedestrian activity, locations were identified to provide crossings every approximately 1,000-1,200 feet. 41 locations were identified initially, and four additional locations were added to the list after review by the Traffic and Parking Commission on February 2, 2023.
From this batch of potential new crossings, a prioritization matrix was used to filter the locations from most to least critical based on a set of safety and access criteria:
Traffic volume;
Collision history;
Meeting Date: March 11, 2024
Observed speed;
Adjacent land use;
Bicycle access;
Proximity to transit stops/stations; and
Gap in existing controlled crossings.
Weights developed with the Traffic and Parking Commission were assigned to each category based on its impact on pedestrian activity and support of the goals/policies in the Complete Streets Plan. For example, criteria that is an indicator of safety (e.g., number of collisions or excessive speeding) was weighted higher than access criteria (e.g., adjacent to a school or faith-based organization). From these values, points were assigned, and the proposed crossing locations were ranked accordingly. The prioritization matrix was broken into three levels of priorities: Tier 1, Tier 2, and Tier 3. Locations in Tier 1 were recommended as the highest priority.
Both the Olympic Boulevard and Robertson Boulevard locations were identified as Tier 1 locations. Staff is proposing to move forward with design of these locations, as there have been multiple community requests for both crossing locations and construction of the Robertson Boulevard location can be incorporated into ongoing sidewalk work in the area.
Robertson Boulevard is a minor arterial street and one of the City’s premier commercial destinations. It intersects with Gregory Way in two locations, as Gregory Way jogs northsouth when it hits Robertson Boulevard. The northern leg of Robertson Boulevard/Gregory Way is signalized. The southern leg is currently uncontrolled with an unmarked crosswalk, though frequent pedestrian crossing activity has been observed, as there are popular shops/restaurants on both sides of Robertson Boulevard. The southern leg is approximately 200 feet from the northern leg, which is too short of a distance to recommend installing a new traffic signal, but too far a distance to bring the southern leg into the existing traffic signal to the north without significant vehicular delay. As such, staff is pursuing RRFBs and curb extensions, which will match the configuration currently under construction at Robertson Boulevard/Chalmers Drive (and similarly will be coordinated with the City of Los Angeles).
Olympic Boulevard is a high speed, high volume major arterial street with long gaps in existing crossings. It is a commercial boulevard that provides access to a variety of locally serving retail and religious uses. As such, community members south of Olympic Boulevard have requested more opportunities to safely cross the street to those uses on the north side. Due to the width of Olympic Boulevard and presence of seven travel lanes during peak commute hours, RRFBs would not be appropriate, and staff is pursuing a PHB signal. PHB signals are pedestrian actuated signals and, thus, are only activated when a pedestrian who wishes to cross the street is present. This would be the second PHB signal in Beverly Hills, after construction of the Wilshire Boulevard/South Palm Drive location concludes. A midblock location, as opposed to an intersection location, is proposed to reduce conflicts between turning vehicles and pedestrians crossing.
Meeting Date: March 11, 2024
FISCAL IMPACT
Funds for the project are available in the Capital Improvement Budget in CIP No. 00100 Complete Streets.
Shana Epstein,
Director of Public Works
Approved By
Attachment 1
B0785-0001\2924637v3.doc
AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND
DKS ASSOCIATES FOR DESIGN OF THE RECTANGULAR
RAPID FLASHING BEACON (RRFB) AND PEDESTRIAN HYBRID
BEACON (PHB) SYSTEM FOR PEDESTRIAN CROSSINGS
NAME OF CONSULTANT: DKS Associates
RESPONSIBLE PRINCIPAL OF CONSULTANT: Richard Hutchinson, Vice President CONSULTANT’S ADDRESS: 2401 East Katella Avenue, Suite 425 Anaheim, CA 92806
Attention: Richard Hutchinson, Vice
President
CITY’S ADDRESS: City of Beverly Hills
345 Foothill Road
Beverly Hills, CA 90210
Attention: Director of Public Works
CONSULTANT’S E.I.N./TAX I.D. NO.: 94-2583153
COMMENCEMENT DATE: March 1, 2024
TERMINATION DATE: December 31, 2024, unless extended
pursuant to Section 2 of the Agreement
CONSIDERATION: Professional Fees Not to Exceed:
$151,966.00, as more particularly described
in Exhibit B
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2 AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND
DKS ASSOCIATES FOR DESIGN OF THE RECTANGULAR
RAPID FLASHING BEACON (RRFB) AND PEDESTRIAN HYBRID
BEACON (PHB) SYSTEM FOR PEDESTRIAN CROSSINGS
THIS AGREEMENT is made by and between the City of Beverly Hills (hereinafter called “CITY”), and DKS Associates, (hereinafter called “CONSULTANT”).
RECITALS
A. CITY desires to have certain services and/or goods provided as set forth in Exhibit A (the “Scope of Work”), attached hereto and incorporated herein.
B. CONSULTANT represents that it is qualified and able to perform the Scope of Works.
NOW, THEREFORE, the parties agree as follows:
Section 1. Scope of Work.
CONSULTANT shall perform the Scope of Work described in Exhibit A in a manner satisfactory to CITY and consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. CITY shall have the right to order, in writing, changes in the Scope of Work. Any changes in the Scope of Work by CONSULTANT must be made in writing and approved by both parties. The cost of any change in the Scope of Work must be agreed to by both parties in writing.
Section 2. Time of Performance.
CONSULTANT shall commence its services under this Agreement upon the Commencement Date on the cover page or upon a written receipt of a notice to proceed from CITY. CONSULTANT shall complete the performance of services by the Termination Date set forth on the cover page.
The City Manager or her designee may extend the time of performance in writing for two additional one-year terms or such other term not to exceed two years from the date of termination pursuant to the same terms and conditions of this Agreement.
Section 3. Compensation.
(a) Compensation
CITY agrees to compensate CONSULTANT for the services and/or goods provided under this Agreement, and CONSULTANT agrees to accept in full satisfaction for such services, a sum not to exceed the Consideration set forth above and more particularly described in Exhibit B, attached hereto and incorporated herein, based on the rates set forth in Exhibit B. (b) Expenses
The amount set forth in paragraph (a) shall include reimbursement for all actual and necessary expenditures reasonably incurred in the performance of this Agreement (including, DocuSign Envelope ID: C351C264-44C9-4BD3-89B7-C241B8574813 B0785-0001\2924637v3.doc
3 but not limited to, all labor, materials, delivery, tax, assembly, and installation, as applicable).
There shall be no claims for additional compensation for reimbursable expenses. (c) Additional Services. CITY may from time to time require CONSULTANT to perform additional services not included in the Scope of Work. Such requests for additional services shall be made by CITY in writing and agreed upon by both parties in writing.
Section 4. Method of Payment. CITY shall pay CONSULTANT said Consideration in accordance with the method and schedule of payment set forth in Exhibit B.
Section 5. Independent Contractor. CONSULTANT is and shall at all times remain, as to CITY, a wholly independent contractor. Neither CITY nor any of its agents shall have control over the conduct of CONSULTANT or any of CONSULTANT’s employees, except as herein set forth. CONSULTANT shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of CITY.
Section 6. Assignment. This Agreement shall not be assigned in whole or in part, by CONSULTANT without the prior written approval of CITY. Any attempt by CONSULTANT to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect.
Section 7. Responsible Principal(s)
(a) CONSULTANT’s Responsible Principal set forth on the cover page shall be principally responsible for CONSULTANT’s obligations under this Agreement and shall serve as principal liaison between CITY and CONSULTANT. Designation of another Responsible Principal by CONSULTANT shall not be made without prior written consent of CITY. (b) CITY’s Responsible Principal shall be the City Manager or her designee set forth above who shall administer the terms of the Agreement on behalf of CITY.
Section 8. Personnel. CONSULTANT represents that it has, or shall secure at its own expense, all personnel required to perform CONSULTANT’s Scope of Work under this Agreement. All personnel engaged in the work shall be qualified to perform such Scope of Work.
Section 9. Permits and Licenses. CONSULTANT shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a business license.
Section 10. Interests of CONSULTANT. CONSULTANT affirms that it presently has no interest and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of the Scope of Work contemplated by this Agreement. No person having any such interest shall be employed by or be associated with CONSULTANT.
Section 11. Insurance.
(a) CONSULTANT shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
(1) A policy or policies of Comprehensive General Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single DocuSign Envelope ID: C351C264-44C9-4BD3-89B7-C241B8574813 B0785-0001\2924637v3.doc
4 limit, against any personal injury, death, loss or damage resulting from the wrongful or negligent acts by CONSULTANT.
(2) A policy or policies of Comprehensive Vehicle Liability Insurance covering personal injury and property damage, with minimum limits of One Million Dollars ($1,000,000) per occurrence combined single limit, covering any vehicle utilized by CONSULTANT in performing the Scope of Work required by this Agreement. (3) Workers’ compensation insurance as required by the State of California.
(4) A policy or policies of Professional Liability Insurance (errors and omissions) with minimum limits of One Million Dollars ($1,000,000) per claim and in the aggregate. Any deductibles or self-insured retentions attached to such policy or policies must be declared to and be approved by CITY. Further, CONSULTANT agrees to maintain in full force and effect such insurance for one year after performance of work under this Agreement is completed.
(b) CONSULTANT shall require each of its sub-contractors to maintain insurance coverage which meets all of the requirements of this Agreement. (c) The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least a A+;VII in the latest edition of Best’s Insurance Guide.
(d) CONSULTANT agrees that if it does not keep the aforesaid insurance in full force and effect CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at CONSULTANT’s expense, the premium thereon.
(e) At all times during the term of this Agreement, CONSULTANT shall maintain on file with CITY’s Risk Manager a certificate or certificates of insurance on the form set forth in Exhibit C, attached hereto and incorporated herein, showing that the aforesaid policies are in effect in the required amounts. CONSULTANT shall, prior to commencement of work under this Agreement, file with CITY’s Risk Manager such certificate or certificates. The general liability insurance shall contain an endorsement naming the CITY as an additional insured. (f) The general liability and vehicle liability policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days prior written notice to CITY, and specifically stating that the coverage contained in the policies affords insurance pursuant to the terms and conditions as set forth in the Agreement.
(g) The insurance provided by CONSULTANT shall be primary to any coverage available to CITY. The policies of insurance required by this Agreement shall include provisions for waiver of subrogation.
(h) Any deductibles or self-insured retentions must be declared to and approved by CITY. At the option of CITY, CONSULTANT shall either reduce or eliminate the deductibles or self-insured retentions with respect to CITY, or CONSULTANT shall procure a bond guaranteeing payment of losses and expenses.
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5 (i) The insurance coverage amounts required under the Agreement do not limit CITY’s right to recover against CONSULTANT and its insurance carriers.
Section 12. Indemnification.
(a) Indemnity for Design Professional Services. To the fullest extent permitted by law, CONSULTANT shall, at its sole cost and expense, protect, indemnify, and hold harmless CITY and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those CITY agents serving as independent contractors in the role of CITY officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith, and reimbursement of attorney’s fees and costs of defense (collectively “Liabilities”), whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful misconduct of CONSULTANT, its officers, agents, servants, employees, subcontractors, material men, contractors or their officers, agents, servants or employees (or any entity or individual that CONSULTANT shall bear the legal liability thereof) in the performance of design professional services under this Agreement by a “design professional,” as the term is defined under California Civil Code Section 2782.8(c)(2).
(b) Other Indemnities. Other than in the performance of design professional services, and to the fullest extent permitted by law, CONSULTANT shall, at its sole cost and expense, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively “Claims”), in law or equity, to the extent caused by the negligence or willful misconduct of CONSULTANT, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that CONSULTANT shall bear the legal liability thereof) in the performance of this Agreement, as determined by judicial decision or by the agreement of the Parties. CONSULTANT shall defend the Indemnitees in any action or actions filed in connection with any Claim with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. CONSULTANT shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. (c) All duties of CONSULTANT under this Section 12 shall survive termination of the Agreement.
Section 13. Termination.
(a) CITY shall have the right to terminate this Agreement for any reason or for no reason upon five calendar days’ written notice to CONSULTANT. CONSULTANT agrees to cease all work under this Agreement on or before the effective date of such notice. (b) In the event of termination or cancellation of this Agreement by CITY, due to no fault or failure of performance by CONSULTANT, CONSULTANT shall be paid based on the percentage of work satisfactorily performed at the time of termination. In no event shall CONSULTANT be entitled to receive more than the amount that would be paid to CONSULTANT DocuSign Envelope ID: C351C264-44C9-4BD3-89B7-C241B8574813 B0785-0001\2924637v3.doc
6 for the full performance of the services required by this Agreement. CONSULTANT shall have no other claim against CITY by reason of such termination, including any claim for compensation.
Section 14. CITY’s Responsibility. CITY shall provide CONSULTANT with all pertinent data, documents, and other requested information as is available for the proper performance of CONSULTANT’s Scope of Work.
Section 15. Information and Documents. All data, information, documents and drawings prepared for CITY and required to be furnished to CITY in connection with this Agreement shall become the property of CITY, and CITY may use all or any portion of the work submitted by CONSULTANT and compensated by CITY pursuant to this Agreement as CITY deems appropriate.
Section 16. Records Retention and Examination. CONSULTANT shall retain, protect, and maintain in an accessible location all records and documents, including paper, electronic, and computer records, with respect to all matters covered under this Agreement for five (5) years after receipt of final payment by CITY under the Agreement. CONSULTANT shall make all such records and documents available for inspection, copying, or other reproductions, and auditing by authorized representatives of CITY, including the City Manager or designee, free of charge. CONSULTANT shall make available all requested data and records at reasonable locations within the County of Los Angeles at any time during normal business hours, and as often as CITY deems necessary. If records are not made available within the County of Los Angeles, CONSULTANT shall pay CITY’s travel, hotel and meal costs to the location where the records are maintained. CONSULTANT must include this provision in all subcontracts made in connection with this Agreement. This provision shall survive the termination of the Agreement.
Section 17. Nondiscrimination by CONSULTANT. In the performance of this Agreement, CONSULTANT assures that no person shall, on the basis of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement or under any project, program or activity supported by the Agreement, as required by Title VI of the Civil Rights Act of 1964, as amended, the Civil Rights Restoration Act of 1987, and Federal Executive Order 12898 (Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations). CONSULTANT shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law, and shall take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation.
Section 18. Notice. Any notices, bills, invoices, etc. required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during the receiving party’s regular business hours or by facsimile before or during the receiving party’s regular business hours; or (b) on the second business day following deposit in the United States mail, postage prepaid to the addresses set forth above, or to such other addresses as the parties may, from time to time, designate in writing pursuant to this section.
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7 Section 19. Attorney’s Fees. In the event that either party commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney's fees, costs and necessary disbursements, in addition to such other relief as may be sought and awarded.
Section 20. Entire Agreement. This Agreement represents the entire integrated agreement between CITY and CONSULTANT, and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by both CITY and CONSULTANT.
Section 21. Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail.
Section 22. Governing Law. The interpretation and implementation of this Agreement shall be governed by the domestic law of the State of California.
Section 23. CITY Not Obligated to Third Parties. CITY shall not be obligated or liable under this Agreement to any party other than CONSULTANT.
Section 24. Severability. Invalidation of any provision contained herein or the application thereof to any person or entity by judgment or court order shall in no way affect any of the other covenants, conditions, restrictions, or provisions hereof, or the application thereof to any other person or entity, and the same shall remain in full force and effect.
EXECUTED the day of 20___, at Beverly Hills,
California.
CITY OF BEVERLY HILLS
A Municipal Corporation
JULIAN A. GOLD, M.D.
Mayor
ATTEST:
(SEAL)
HUMA AHMED
City Clerk
[signatures continue]
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8 CONSULTANT: DKS Associates
RICHARD HUTCHINSON
Vice President
MIKE THOMAS
Chief Financial Officer
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
LAURENCE S. WIENER NANCY HUNT-COFFEY
City Attorney City Manager
SHANA E. EPSTEIN
Director of Public Works
DAREN GRILLEY
Assistant Director of Public Works/City Engineer
SHARON L’HEUREUX DRESSEL
Risk Manager
DocuSign Envelope ID: C351C264-44C9-4BD3-89B7-C241B8574813 9 B0785-0001\2924637v3.doc
EXHIBIT A
SCOPE OF WORK
I. SCOPE OF WORK
CONSULTANT shall provide professional traffic engineering design services to enhance traffic and pedestrian safety through the installation of a Rapid Rectangular Flashing Beacon (RRFB) system and Pedestrian Hybrid Beacon (PHB) system at the following two locations:
1. Robertson Blvd/Gregory Way: RRFB
2. Olympic Blvd between Wetherly Dr and Almont Dr: PHB
CONSULTANT shall perform the following tasks related to both locations as follows:
Task 1: Project Management
Alex Zhu, Project Engineer, shall serve as the project manager and will be the primary contact for CITY. Alex shall coordinate with CITY throughout the design process and ensure all deliverables go through the CONSULTANT’S quality control process and monthly invoices and progress reports are completed.
CONSULTANT shall attend project kick-off meeting and up to two (2) design review meetings. It is anticipated that meetings will be held via conference calls. CONSULTANT shall prepare meeting agendas, notes, and action lists. The design standards either CITY or Cal Trans design specifications will be confirmed at the kick-off meeting.
Task 2: Pre-Design Research and Field Survey
Task 2.1: Topographical Surveying and Right-Of-Way Mapping CONSULTANT shall conduct topographic (or topo) surveying for the proposed pedestrian crossings and to develop a base topo for the civil design. The base topo map shall developed in AutoCAD format.
Task 2.2: Utility Mapping and Coordination
CONSULTANT shall review available as-built, right-of-way, and utility maps at each of the project locations. Coordination with utility companies if deemed necessary to identify and map existing utilities at the project locations shall be requested by CONSULTANT.
Task 2.3: Potholing
CONSULTANT shall conduct potholing at three (3) locations, assuming one pothole at each new proposed mast arm pole location to ensure utilities clearance. If it deems necessary to pothole additional locations, CONSULTANT shall discuss with CITY and obtain prior written approval.
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10 Task 2.4: Southern California Edision (SCE) Coordination CONSULTANT shall coordinate with SCE for potential power service location. It is expected that either an existing power service cabinet for traffic signal can be modified or a new service location will be required depending on the availability of power service and the distance to the proposed system. If needed, CONSULTANT shall prepare and submit forms for service location modification or new service request and conduct one (1) meeting with SCE.
Task 2.5: Field Review for Traffic and Civil Engineering Design A thorough field review will be conducted to identify suitable locations for the installation of the RRFB and PHB equipment.
Task 3: Design Plans, Specifications, and Estimates (PS&E) CONSULTANT shall use the field review information and base maps to prepare construction documents at 60% and 100% (final) design levels. The following plans are expected to be included in the PS&E set:
• Title Sheet
• General Notes
• Demolition Plans
• Grading and Paving Plans
• Signing and Striping Plans
• Traffic Signal Plans
• Communication Plans
• Detail sheets
Task 3.1: 60% Design Plans, Specifications, and Estimates CONSULTANT shall prepare 60% design plans showing RRFB/PHB location, pavement marking improvements, and ADA curb ramps. The 60% plans are intended to obtain CITY consensus on the proposed equipment location of the improvements. Preliminary estimates of the construction cost will be prepared under this task.
Task 3.2: 100% Design Plans, Specifications, and Estimates CONSULTANT shall prepare 100% design plans, specifications, and estimates. The submittal shall address comments on the 60% design plans. The submittal will be bid-ready.
Task 4: Construction Phase Services
Construction support services include:
o Responding to contractor’s Requests for Information (RFIs) of the design documents
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11 o Assist CITY staff with reviewing contractor’s submittals and specific design issues clarifications, and interpretations as appropriate
o Providing up to two (2) design revisions and/or change orders o Preparing record drawings from the contractor’s redlines Task 5: Drainage Design For Robertson Blvd and Gregory Way This task includes the following:
Prepare 65% PS&E appropriate for plan check, including:
o Storm Drain Design Notes
o Storm Drain Plans and profiles for a total of two catch basins o Draft Cost Estimate for storm drain associated elements o Draft Table of Contents for Technical Special Provisions as they relate to storm drain associated elements.
Prepare 100% Construction docusments PS&E, incorporating plan check corrections.
Additional Construction Phase Services as they relate to Storm Drain Design and As-Builts.
Schedule
CONSULTANT anticipates completing the design package within a period of approximately 24 weeks. The duration of the project includes two CITY review periods (two weeks each) for the PS&E deliverables. A detailed project schedule will be prepared before the kick-off meeting.
Assumptions
1. The roadway is adequately illuminated, and no lighting analysis will be performed.
2. Right-of-Way Mapping is dependent on the CITY providing mapping and monumentation of the area. All the work will be in the public right of way (no proposed improvements on private property).
3. No utility relocation coordination, if any.
4. CONSULTANT shall provide an ADA-compliant design; however, architectural certification is excluded from the scope.
5. A Horizontal Control Plan is excluded. Selected Contractor shall utilize the site plan CAD file for horizontal control.
6. No hydrology studies are included.
7. No drainage will be reviewed, relocated, or designed as a part of this project. It is assumed that the existing drainage patterns will be maintained to the extent practical. An optional task for Drainage Design is included in the event that the curb extension(s) cannot maintain existing drainage patterns.
8. Erosion Control instructions will be conveyed with notes on the title block only.
9. Temporary Erosion Control Plans design is not included in this scope.
10. CITY to provide Title Block and CITY’s format template in AutoCAD.
11. CITY will take lead on coordinating with other Agencies (i.e., City of LA), and CONSULTANT shall provide support on technical issues.
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12 II. INFECTIOUS DISEASE
A. CONSULTANT shall be required to know and adhere to the California Occupational Safety and Health Act of 1973 (“CalOSHA”) COVID-19 Prevention NonEmergency Regulations, the California Department of Public Health orders and all state, federal and local regulations regarding COVID-19 and other infectious diseases that may pose a risk to public health.
B. CONSULTANT shall advise employees who have any symptoms of COVID-19, the common cold, influenza or infectious disease not to report to work.
C. CONSULTANT shall notify their CITY Responsible Principal and the Risk Manager immediately upon learning that an employee who was working onsite at a CITY facility has been diagnosed with COVID-19 or any infectious disease.
For questions, please contact CITY’s Responsible Principal or Risk Management at 310- 285-1073.
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EXHIBIT B
SCHEDULE OF PAYMENT AND RATES
CITY shall compensate CONSULTANT for the satisfactory performance of the work described in this Agreement in an amount not to exceed One Hundred Fifty-One Thousand Nine Hundred Sixty-Six Dollars ($151,966.00) including all labor, taxes, and expenses at the rates below.
PAYMENT SCHEDULE
Professional fees for the services will be billed on a time and materials basis, not to exceed the budgets as summarized below. A breakdown of hours and costs is included as Attachment 1 to Exhibit B.
Task 1. Project Management $10,809.00
Task 2. Pre-Design Research and Field Survey $42,964.00 Task 3. Design Plans, Specifications, and Estimates $74,005.00 Task 4. Construction Phase Services $11,287.00
Task 5. Drainage Design $12,901.00
Total $151,966.00
SCHEDULE OF FEES
Additional Services shall be charged at the following hourly rates.
Principal In-Charge: $315.00 per hour
Project Manager: $300.00 per hour
Principal $280.00 per hour
Professional Engineer $198.00 per hour
Senior Project Engineer: $175.00 per hour
Design Engineer: $172.00 per hour
Project Engineer: $170.00 per hour
Project Assistant: $150.00 per hour
In no event shall this Agreement total exceed One Hundred Fifty-One Thousand Nine Hundred Sixty-Six Dollars ($151,966.00)
CONSULTANT shall submit to CITY a detailed invoice, on a monthly basis or less frequently, for the services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period and the amount due. Within 30 days of receipt of each invoice, CITY shall pay all undisputed amounts included on the invoice. CITY shall pay CONSULTANT said Consideration in accordance with the schedule of payment set forth in this Exhibit.
DocuSign Envelope ID: C351C264-44C9-4BD3-89B7-C241B8574813 B0785
-0001\2924637v3.doc
14 ATTACHMENT 1 TO EXHIBIT B
DocuSign Envelope ID: C351C264-44C9-4BD3-89B7-C241B8574813 '"" .
Taskl.O Task2.0 Taskl.O Task4.0
TastS.O
City of Bevtrty Hills Pedestrian Crossing Design
Prime Consultant's Name: OKS AssociatH
-
TaskOescrlptlon(CivlandTrafficEngineeringOeslgn)
ProjKt Initiation and Manac,ment
Taskl.l -Pro/Kt. ManagernentandCoordNtion
Tait L2 • ProjKt.Meet:lncs(OneKkt..offand up10 twodesi&J, rtwWmeetlncs assumed\
Pre-Oeslcn RHearth and Fltld Surtty
Task 2.1 • Topl)l7'itphbl Sutwvrcand Rcht..of•W¥VMappq• Task 2.2 • UtlityMappi,candCoordNtlon .. Task 2.3 • Pothoing .. • Tast2.4-SCECo«diNtlon
Tast2.S-FleidReYiewforTrafficandCMIE~flffflng0eslgn
Otslgn Pliins, 5f,edfbtlons, and Estfflates
last 3.1 • 6°" Otscn Piins and Esbmates last 3.2 - tome. Df:siCi, P5&E !Final) _, ....
--
ConuructionPhaseSeMces
°" .........
last 5.1 • 65" Oescn P!ins and Estwnatts
TastS.2-100,C.OeslgnPS&E !Final)
Task SJ -Hydrologyfhydraullc calculations for pipe shine Task 5.4 • Adcftlor11I Construction Phase StrYicfl for Stonn Orai'I construction _
Toulo,tloNIStrvlcft
, .... ___
PriM!»lln• Proj«t
Cftll'&t
S31S.OO
-
S300.00
1 10
'
l
1 l
I
1 •
8 1
3 ' "'
1 .
I
1 I
I I
l 8
s ..
Pu:;«1£i,gine«
-----
Pfoj«t[~nt,ff Proj«t~ Proj«tAdmin Tot.ii
OICS
S200.00 S17S.OO S170.00 S1SO.OO "°""
' 1 18
3 1 10
l •
2 • 4 l 13 2 • 2 • ' l IS 4 8 8 lS
20 60 60 148 20 "' "' 1 108
61 116 118 ' ....
' 8 8 27
1 l l ' 1 l l 7
I l
1 l
10 12 12 ..
71 128 ,,. ' 388
--- CIIICI
PrintiplljKPFf) Pro;«tMlinlrCer(KPff) PrdfflloNIC~ ~~inffr(ICPffl Total -
Total OKS Tota1Sub OtherOirKt {KPH) Sob Toulfee UbofCosts "°"" UborCosu Cosu(OOC) S280.00 S270.00 S198.00 S172.00 s 4,S90 4 4 8 s 1,872 s 6,462 s 2,47S • 4 8 s 1,872 s 4,347 s 1,000 I 1 s 198 s 3)00 s 4,398 s 2,380 s soo s 2,880 s 1,000 s 24.3S1 s 2S.3S1
s 2,720 s 2,720 s S,075 s s 10 s 2,340 s 200 s 7,615
s 27,100 l 10 ,. 48 .. s 16,268 s 43.368
s 20,065 1 ' 16 32 ss s 10,572 s 30,637 s "·"" 3 29 S4 80 166 s 33,122 s 28,251 $ 127,771 s 5,475 4 10 16 ,. s 5,812 s 11,287
s 0 s s
s 1,190 1 l ' 10 19 s 3,728 s 4,918 s !,SOS 1 I 4 ' 12 s 2,374 s 3~79 s soo I 4 ' 11 s , .... s 2,594 s soo I l l s s 1,010 s 1,S10 s 9,170 l • 26 "' 77 s 15,018 s $ .....
s 7S,S7S s 38 80 120 243 s 48,140 s 28,2S1 s 1S1,966
EXHIBIT C
B0785-0001\2924637v3.doc
EXHIBIT C
CERTIFICATE OF INSURANCE
This is to certify that the following endorsement is part of the policy(ies) described below:
NAMED INSURED COMPANIES AFFORDING COVERAGE
A.
B.
ADDRESS C.
COMPANY
(A. B. C.) COVERAGE
POLICY
NUMBER
EXPIRATION
DATE
B.I. LIMITS
P.D.
AGGREGATE
AUTOMOBILE LIABILITY
GENERAL LIABILITY
PRODUCTS/COMPLETED
OPERATIONS
BLANKET CONTRACTUAL
CONSULTANT'S PROTECTIVE
PERSONAL INJURY
EXCESS LIABILITY
WORKERS' COMPENSATION
It is hereby understood and agreed that the City of Beverly Hills, its City Council and each member thereof and every officer and employee of the City shall be named as joint and several assureds with respect to claims arising out of the following project or agreement:
It is further agreed that the following indemnity agreement between the City of Beverly Hills and the named insured is covered under the policy: CONSULTANT agrees to indemnify, hold harmless and defend City, its City Council and each member thereof and every officer and employee of City from any and all liability or financial loss resulting from any suits, claims, losses or actions brought against and from all costs and expenses of litigation brought against City, its City Council and each member thereof and any officer or employee of City which results directly or indirectly from the wrongful or negligent actions of CONSULTANT's officers, employees, agents or others employed by CONSULTANT while engaged by CONSULTANT in the (performance of this agreement) construction of this project.
It is further agreed that the inclusion of more than one assured shall not operate to increase the limit of the company's liability and that insurer waives any right of contribution with insurance which may be available to the City of Beverly Hills.
In the event of cancellation or material change in the above coverage, the company will give 30 days written notice of cancellation or material change to the certificate holder.
Except to certify that the policy(ies) described above have the above endorsement attached, this certificate or verification of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein.
Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate or verification of insurance 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.
DATE: BY:
Authorized Insurance Representative
TITLE:
AGENCY: ADDRESS:
RM02.DOC REVISED 10/14/96.
DocuSign Envelope ID: C351C264-44C9-4BD3-89B7-C241B8574813 Certificate Of Completion
Envelope Id: C351C26444C94BD389B7C241B8574813 Status: Sent Subject: Complete with DocuSign: DKS Associates - RRFB and PHB for Pedestrian Crossing.pdf Source Envelope:
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Certificate Pages: 3 Initials: 0 Jazmin Rosas
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455 N. Rexford Drive
Beverly Hills, CA 90210
[email protected]
IP Address: 198.245.189.169
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2/21/2024 4:12:50 PM
Holder: Jazmin Rosas
[email protected]
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Mike Thomas
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CFO
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Sharon Dressel
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Daren Grilley
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Shana E. Epstein
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Logan Phillippo
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Real Property Development Manager
City of Beverly Hills
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Dorina Mohan
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