HomeMy WebLinkAbout8.1 City Wide Bicycle Mstr Pln
CITY CLERK
File # O[6]6J[Q]·L3J[Q]
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: December 20, 2005
SUBJECT:
Approval of Consulting Services Agreement with Fehr and Peers
Associatcs, Incorporated, for the Development of a Citywide Bicycle
Master Plan
Report Prepared by: Melissa Morton, Public Works Director
ATTACHMENTS:
Resolution approving Consulting Services Agreement, together with
Exhibit "A", Agreement
RECOMMENDATION:
~
Adopt Resolution Approving the Agreement with Fehr and Peers
Associates, Incorporated
FINANCIAL STATEMENT:
The cost of services as outlined in the proposal is $59,970. The
cllffent year budget for contract services for the Bicycle Master Plan
capital project is $60,144, consisting of Measure B funds in the
amount of $15,000 allocated specifically for bicycle projects, and
Transportation Development Act funds in the amount of $45, 144.
DESCRIPTION: The 2004-2009 Capital Improvement Program includcs a project to
dcvclop a Citywidc Bicyclc Mastcr Plan, including access to parks and open space areas.
In October 2005, the City requested proposals ITom several fimlS to develop a Citywidc Bicycle Master
Plan. The consultant selcction panel, consisting of Staff ITom the Public Works, Community
Development, and Parks and Community Services Departments reviewed two submitted proposals and
selected the firm of Fehr and Peers Associates, Incorporated (Fehr and Peers). This firm provides
transportation planning services to public agencies, including devclopment of bicycle master plans.
Teaming with Fehr and Peers is the firm of Royston Hanamoto Alley and Abey, a plarming consultant
specializing in park and recreation plarming that will focus on the trail aspects of the master plan.
The scope of work provided by Fehr and Peers consists of three major tasks: I) identify and evaluate
existing conditions and programs; 2) develop a recommended bicycle/trail master plan including a
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COPY TO: Fehr and Peers
Page 1 of2
ITEMNO.~
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bikeways map that could be printed online; and 3) public outreach, including meetings with the Plarming
Commission, Parks and Community Serviccs Commission and the City Council. It is anticipated that the
master plan will be completed in nine months.
Staffrecomrnends that thc City Council adopt the resolution approving the agreement with Fehr and Peers
Associatcs, Incorporated.
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RESOLUTION NO. - 05
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
APPROVING AGREEMENT WITH
FEHR AND PEERS ASSOCIATES, INCORPORATED,
FOR CONSULTING SERVICES FOR THE
CITYWIDE BICYCLE MASTER PLAN
WHEREAS, the 2004-2009 Capitallmprovement Program includes a project to develop a
Citywide Bicycle Master Plan, including access to parks and open space areas; and
WHEREAS, the City requested proposals ITOm several firms to provide services in developing
said master plan; and
WHEREAS, the City desires to utilize the services ofFehr and Peers Associates, Incorporated, to
develop a Citywide Bicycle Master P1an;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby
approves the agreement with F ehr and Peers Associates, Incorporated, for the development of a Citywide
Bicycle Master Plan.
BE IT FURTHER RESOLVED that the Mayor is authorized to execute the agrcement, attached
hereto as Exhibit "A."
PASSED, APPROVED AND ADOPTED this 20th day of December, 2005.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
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CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
FEHR AND PEERS ASSOCIATES, INCORPORATED
TH IS AGREEMENT for consulting services is made by and between the City of Dublin ('City") and
Fehr and Peers Associates, Inc. "Consultant") as of December 20, 2005.
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant
shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and
piace and in the manner specified therein. In the event of a conflict in or inconsistency between the terms
of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the date first noted above
and shall end on September 3D, 2006, the date of completion specified in Exhibit A, and
Consultant shall complete the work described in Exhibit A prio'r to that date, unless the
term of the Agreement is otherwise terminated or extended, as provided for in Section 8.
The time provided to Consultant to complete the services required by this Agreement shall
not affect the City's right to terminate the Agreement, as provided for in Section 8.
1,2 Standard of Performance. Consultant shall perform all services required pursuant to this
Agreement in the manner and according to the standards observed by a competent
practitioner of the profession in which Consultant is engaged in the geographical area in
which Consultant practices its profession. Consultant shall prepare all work products
required by this Agreement in a substantial, first-class manner and shall conform to the
standards of quality normally observed by a person practicing in Consultant's profession.
1.3 Assicmment of Personnel. Consultant shall assign only competent personnel to perform
services pursuant to this Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons,
Consultant shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance
provided in Section 1.1 above and to satisfy Consultant's obligations hereunder.
Section 2, COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed Fifty Nine
Thousand Nine Hundred and Seventy Nine Dollars and No Cents ($59,979.00), notwithstanding any
contrary indications that may be contained in Consultant's proposal, for services to be periormed and
reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and
Consultant's proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall
prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the
manner set forth herein. The payments specified below shall be the only payments from City to Consultant
for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner
Consulting Services Agreement between
City of Dublin and Fehr and Peers
DIT A.
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specified herein. Except as specifically authorized by City, Consuitant shall not bill City for duplicate
services performed by more than one person.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this
Agreement is based upon Consultant's estimated costs of providing the services required hereunder,
induding salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2,1 Invoices, Consultant shall submit invoices, not more often than once a month during the
term of this Agreement, based on the cost for services periormed and reimbursable costs
incurred prior to the invoice date. Invoices shall contain the followin.g information:
· Serial identifications of progress bills; i.e., Progress Bill No, 1 for the first invoice,
etc.;
· The beginning and ending dates of the billing period;
· A Task Summary containing the original contract amount, the amount of prior
billings, the total due this period, the balance available under the Agreement. and
the percentage of completion;
· At City's option, for each work item in each task, a copy of the applicable time
entries or time sheets shall be submitted showing the name of the person doing
the work, the hours spent by each person, a brief description of the work, and
each reimbursable expense;
· The total number of hours of work periormed under the Agreement by Consultant
and each employee, agent, and subcontractor of Consultant periorming services
hereunder, as well as a separate notice when the total number of hours of work by
Consultant and any individual employee, agent, or subcontractor of Consultant
reaches or exceeds 800 hours, which shall include an estimate of the time
necessary to complete the work described in Exhibit A;
· The Consultant's signature.
2,2 Monthlv Payment. City shall make monthly payments, based on invoices received, for
services satisfactorily periormed, and for authorized reimbursable costs incurred, City
shall have 30 days from the receipt of an invoice that complies with all of the requirements
above to pay Consultant.
2,3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this
Agreement within sixty (60) days after completion of the services and submittal to City of a
final invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to
this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
Consulting Services Agreement between
City of Dublin and Fehr and Peers
December 5, 2005
Page 2 of 13
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incurred by Consultant in rendering services pursuant to this Agreement. City shall make
no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for the entire Agreement,
unless the Agreement is modified prior to the submission of such an invoice by a property
executed change order or amendment. .
2,5 Hourlv Fees. Fees for work perfonned by Consultant on an hourly basis shall not exceed
the amounts shown on the compensation schedule included in Exhibit A.
2.6 Reimbursable Expenses, Reimbursable expenses are included in the total amount of
compensation provided under this Agreement that shall not be exceeded.
2,7 Payment of Taxes, Consultant is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Consultant terminates this
Agreement pursuant to Section 8, the City shall compensate the Consultant for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed as
of the date of written notice of termination. Consultant shall maintain adequate logs and
timesheets in order to verify costs incurred to that date.
2,9 Authorization to Perform Services. The Consultant is not authorized to perform any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
Section 3, FACILITIES AND EQUIPMENT, Except as set forth herein, Consultant shall, at its sole
cost and expense, provide all facilities and equipment that may be necessary to perform the services
required by this Agreement. City shall make available to Consultant only the facilities and equipment listed
in this section, and only under the terms and conditions set forth herein.
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be
reasonably necessary for Consultant's use while consulting with City employees and reviewing records and
the information in possession of the City. The location, quantity, and time of furnishing those facilities shall
be in the sole discretion of City. In no event shall City be obligated to fumish any facility that may involve
incurring any direct expense, including but not limited to computer, long-distance telephone or other
communication charges, vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement.
Consultant, at its own cost and expense, shall procure "occurrence coverage" insurance against claims for
injuries to persons or damages to property that may arise from or in connection with the performance of the
work hereunder by the Consultant and its agents. representatives, employees, and subcontractors.
Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this
section and under forms of insurance satisfactory in all respects to the City. Consultant shall maintain the
Consulting Services Agreement between
City of Dublin and Fehr and Peers
December 5, 2005
Page 3 of 13
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insurance policies required by this section throughout the term of this Agreement. The cost of such
insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to
commence work on any subcontract until Consultant has obtained all insurance required herein for the
subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be
submitted and made part of this Agreement prior to execution.
4,1 Workers' Compensation, Consullant shall, at its sole cost and expense, maintain
Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any
and all persons employed directly or indirectly by Consultant. The Statutory Workers'
Compensation Insurance and Employer's Liability Insurance shall be provided with limits of
not less than ONE MilLION DOLLARS ($1,000,000.00) per accident. In the alternative,
Consultant may rely on a self"insurance program to meet those requirements, but only if
the program of self-insurance complies fully with the provisions of the California Labor
Code. Determination of whether a self-insurance program meets the standards of the
Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if
insurance is provided, or the Consultant, if a program of self·insurance is provided, shall
waive all rights of subrogation against the City and its officers, officials, employees, and
volunteers for loss arising from work performed under this Agreement.
An endors€1ment shall state that coverage shall not be suspended, voided, canceled by
either party, reduced in coverage or in limits, except after thirty (30) days' prior written
notice by certified mail, return receipt requested, has been given 10 the City.
4.2 Commercial General and Automobile liabilitv Insurance.
4.2,1 General reauirements. Consultant, at its own cost and expense, shall maintain
commercial generai and automobile liability insurance for the term of this
Agreement in an amount not less than ONE MilLION DOLLARS ($1,000,000.00)
per occurrence, combined single limit coverage for risks associated with the work
contemplated by this Agreement. If a Commercial General Liability Insurance or an
Automobile Liability form or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to the work to be
pertormed under this Agreement or the general aggregate limit shall be at least
twice the required occurrence limit. Such coverage shall include but shall not be
limited to, protection against claims arising from bodily and personal injury,
including death resulting therefrom, and damage to property resulting from
activities contemplated under this Agreement, including the use of owned and non-
owned automobiles.
4,2.2 Minimum scope of coveraae. Commercial general coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form
CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73)
covering comprehensive General Liability and Insurance Services Office form
number GL 0404 covering Broad Form Comprehensive General Liability.
Automobile coverage shall be at least as broad as Insurance Services Office
Consulting Services Agreement between
City of Dublin and Fehr and Peers
December 5, 2005
Page 4 of 13
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Automobile Liability form CA 0001 (ed. 12/90) Code 1 ("any auto"). No
endorsement shall be attached limiting the coverage,
4,2.3 Additional reaulrements. Each of the following shall be included in the
insurance coverage or added as an endorsement to the policy:
a, City and its officers, employees, agents, and volunteers shall be covered
as insureds with respect to each of the following: liability arising out of
activities pertormed by or on behalf of Consultant, including the insured's
general supervision of Consultant; products and completed operations of
Consultant; premises owned, occupied, or used by Consultant; and
automobiles owned, if any, non·owned or hired by the Consultant. The
coverage shall contain no special limitations on the scope of protection
afforded to City or its officers, employees, agents, or volunteeIs.
b, The insurance shall cover on an occurrence or an accident basis, and not
on a claims-made basis.
c. An endorsement must state that coverage is primary insurance with
respect to the City and its officers, officials, employees and volunteers,
and that no insurance or self-insurance maintained by the City shall be
called upon to contribute to a loss under the coverage.
d. Any failure of CONSULTANT to comply with reporting provisions of the
policy shall not affect coverage provided to CITY and its officers,
employees, agents, and volunteers,
e. An endorsement shall state that coverage shall not be suspended, voided,
canceled by either party, reduced in coverage or in limits, except after
thirty (30) days' prior written notice by certified mail, return receipt
requested, has been given to the City
4,3 Professional Liabilitv Insurance. Consullant, al its own cost and expense, shall
maintain for the period covered by this Agreement professionai liability insurance for
licensed professionals performing work pursuant to this Agreement in an amount not less
than ONE MilLION DOLLARS ($1,000,000) covering the licensed professionals' errors
and omissions.
4.3.1 Any deductible or self-insured retention shall not exceed $150,000 per claim.
4.3.2 An endorsement shall state that coverage shall not be suspended, voided,
canceied by either party, reduced in coverage or In limits, except after thirty (30)
days' prior written notice by certified mail, return receipt requested, has been given
to the City,
Consulting Services Agreement between
City of Dublin and Fehr and Peers
December 5, 2005
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4,3,3 The policy must contain a cross liability or severability of interest clause.
4.3.4 The following provisions shall apply if the professional liability coverages are
written on a claims-made form:
a, The retroactive date of the policy must be shown and must be before the
date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be
provided for at least five years after completion of the Agreement or the
work, so long as commercially available at reasonable rates.
c, If coverage is canceled or not renewed and it is not replaced with another
claims-made policy form with a retroactive date that precedes the date of
this Agreement, Consultant must provide extended reporting coverage for
a minimum of five years after completion of the Agreement or the work.
The City shall have the right to exercise, at the Consultant's sole cost and
expense, any extended reporting provisions of the policy, if the Consultant
cancels or does not renew the coverage,
d. A copy of the claim reporting requirements must be submitted to the City
prior to the commencement of any work under this Agreement.
4,4 All Policies Requirements,
4.4,1 Accaptabllltv of insurers, All insurance required by this section is to be placed
with insurers with a Bests' rating of no less than A:VII.
4,4,2 Verification of coveraqe. Prior to beginning any work under this Agreement,
Consultant shall furnish City with certificates, of insurance and with original
endorsements effecting coverage required herein. The certificates and
endorsements for each insurance policy are to be signed by a person authorized
by that insurer to bind coverage on its behalf. The City reserves the right to
require complete, certified copies of all required insurance policies, at any lime.
4.4.3 Subcontractors, Consultant shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
4,4,4 Variation. The City may approve a variation in the foregoing insurance
requirements, upon a determination that the coverages, scope, limits, and forms of
such insurance are either not commercially available, or that the City's interests
are otherwise fully protected.
Consulting Services Agreement between
City of Dublin and Fehr and Peers
December 5, 2005
Page 6 of 13
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4.4.5 Deductibles and Self·lnsured Retentions, Consultant shall disclose to and
obtain the approval of City for the self-insured retentions and deductibles before
beginning any of the services or work called for by any term of this Agreement.
During the period covered by this Agreement, Consuitant shall notify contract
administrator of any increase in deductible exceeding $150,000 on Professional
Liability Coverage. The Contract Administrator may condition approval of an
increase in deductible or self-insured retention levels with a requirement that
Consultant procure a bond, guaranteeing payment of losses and related
investigations, claim administration, and defense expenses that is satisfactory in
all respects to each of them,
4,4,6 Notice of Reduction in COVeraQe. In the event that any coverage required by
this section is reduced, limited, or materially affected in any other manner,
Consultant shall provide written notíce to City at Consultant's earliest possible
opportunity and in no case later than five days after Consultant is notified of the
change in coverage.
4,5 Remedies, In addition to any other remedies City may have if Consultant fails to provide
or maintain any insurance policies or policy endorsements to the extent and within the time
herein required, City may, at its sole option exercise any of the following remedies, which
are alternatives to other remedies City may have and are not the exclusive remedy for
Consultant's breach:
· Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
· Order Consultant to stop work under this Agreement or withhold any payment that
becomes due to Consultant hereunder, or both stop work and withhold any payment,
until Consultant demonstrates compliance with the requirements hereof; and/or
· Terminate this Agreement.
Section 5, INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall
indemnify, defend with counsel acceptable to the City, and hold harmless the City and its officials, officers,
employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions,
damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to
property, or any violation of any applicable federal, state, or municipal law or ordinance, to the extent
caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its
employees, subcontractors, or agents, as respects their performance of services under this agreement.
The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property,
or violation of law arises from the negligence or willful misconduct of the City or its officers, employees,
agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents have
contributed in no part to the injury, loss of life, damage to- property, or violation of law. It is understood that
the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section
Consulting Services Agreement between
City of Dublin and Fehr and Peers
December 5, 2005
Page 7 of 13
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2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsernents required
under this Agreement does not relieve Consultant from liability under this indemnification and hold
harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for
damages whether or not such insurance policies shall have been determined to apply. By execution of this
Agreement, Consultant acknowiedges and agrees to the provisions of this Section and that it is a material
element of consideration.
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services
under this Agreement is determined by a court of competent jurisdiction or the California Public Employees
Retirement System (PERS) to be eligible for enrollmenl in PERS as an employee of City, Consultant shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions
for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the
payment of any penalties and interest on such contributions, which would otherwise be the responsibility of
City.
Section 6,
6,1
6.2
Section 7,
7,1
7,2
7,3
STATUS OF CONSULTANT.
Independent Contractor. At all times during the term of this Agreement, Consultant shall
be an independent contractor and shall not be an employee of City. City shall have the
right to control Consultant only insofar as the results of Consultant's services rendered
pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3;
however, otherwise City shall not have the right to control the means by which Consultant
accomplishes services rendered pursuant to this Agreement. Notwithstanding any other
City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consullant
and any of its employees, agents, and subcontractors providing services under this
Agreement shall not qualify for or become entitled to, and hereby agree to waive any and
all claims to, any compensation, benefit, or any incident of employment by City, including
but not limited to eligibility to enroll in the California Public Employees Retirement System
(PERS) as an employee of City and entitlement to any contribution to be paid by City for
employer contributions and/or employee contributions for PERS benefits
Consultant No Aaent. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Consultant shall have no authority, express or implied, pursuant to this Agreement
to bind City to any obligation whatsoever.
LEGAL REQUIREMENTS.
Governina Law, The laws of the State of California shall govern this Agreement.
Compliance with Applicable Laws. Consultant and any subcontractors shall comply with
all laws applicable to the performance of the work hereunder.
Other Governmental Reaulatlons, To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Consultant and any subcontractors
Consulting Services Agreement between
City of Dublin and Fehr and Peers
December 5, 2005
Page 8 of 13
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shall comply with all applicable rules and regulations to which City is bound by the terms of
such fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and
its employees, agents, and any subcontractors have all licenses, permits, qualifications,
and approvals of whatsoever nature that are legally required to practice their respective
professions. Consultant represents and warrants to City that Consultant and its
employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect
at all times during the term of this Agreement any licenses, permits, and approvals that are
legally required to practice their respective professions. In addition to the foregoing,
Consultant and any subcontractors shall obtain and maintain during the term of this
Agreement valid Business Licenses from City.
7,5 Nondiscrimination and Eaual Oooortunitv, Consultant shall not discriminate, on the
basis of a person's race, religion, color, national origin, age, physical or mental handicap or
disability, medical condition, marital status, sex, or sexual orientation, against any
employee, applicant for employment, subcontractor, bidder for a subcontract, or participant
in, recipient of, or applicant for any services or programs provided by Consultant under this
Agreement. Consultant shall comply with all applicable federal, state, and local laws,
policies, rules, and requirements related to equal opportunity and nondiscrimination in
employment, contracting, and the provision of any services that are the subject of this
Agreement, including but not limited to the satisfaction of any positive obligations required
of Consultant thereby.
Consultant shall include the provisions of this Subsection in any subcontract approved by
the Contract Administrator or this Agreement.
Section 8,
TERMINATION AND MODIFICATION,
8,1
Termination.. City may cancel this Agreement al any time and without cause upon written
notification to Consultant.
Consultant may cancel this Agreement upon thirty (30) days' written notice to City and
shall include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for services
performed to the effective date of termination; City, however, may condition payment of
such compensation upon Consultant delivering to City any or all documents, photographs,
computer software, video and audio tapes, and other materials provided to Consultant or
prepared by or for Consultant or the City in connection with this Agreement.
6.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this
Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a
written amendment to this Agreement, as provided for herein. Consultant understands and
agrees that, if City grants such an extension, City shall have no obligation to provide
Consulting Services Agreement between
City of Dublin and Fehr and Peers
December 5, 2005
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Consultant with compensation beyond the maximum amount provided for in this
Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no
obligation to reimburse Consultant for any otherwise reimbursable expenses incurred
during the extension period.
8,3 Amendments. The parties may amend this Agreement only by a writing signed by all the
parties.
8.4 AssiQnment and SubcontractinQ, City and Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a
determination of Consultant's unique personal competence, experience, and specialized
personal knowledge. Moreover, a substantial inducement to City for entering into this
Agreement was and is the professional reputation and competence of Consultant.
Consultant may not assign this Agreement or any inter.est therein without the prior written
approval of the Contract Administrator. Consultant shall not subcontract any portion of the
performance contemplated and provided for herein, other than to the subcontractors noted
in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival, All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between City and Consultant shall survive
the termination of this Agreement.
8.6 Options upon Breach bv Consultant. If Consultant materially breaches any of the terms
of this Agreement, City's remedies shall included, but not be limited to, the following:
8.6,1 Immediately terminate the Agreement;
8,6,2 Retain the plans, specifications, drawings, reports, design documents, and any
other work product prepared by Consultant pursuant to this Agreement;
8,6.3 Retain a different consultant to complete the work described in Exhibit A not
finished by Consultant; or
8,6,4 Charge Consultant the difference between the cost to complete the work
described in Exhibit A Ihat is unfinished at the time of breach and the amount that
City would have paid Consultant pursuant to Section 2 if Consultant had
completed the work.
Section 9.
KEEPING AND STATUS OF RECORDS.
9,1
Records Created as Part of Consultant's Performance, All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications,
records, files, or any other documents or materials, in electronic or any other form, that
Consultant prepares or obtains pursuant to this Agr-eement and that relate to the matters
covered hereunder shall be the property of the City. Consultant hereby agrees to deliver
Consulting Services Agreement between
City of Dublin and Fehr and Peers
December 5, 2005
Page 10 of 13
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those documents to the City upon termination of fhe Agreement. It is understood and
agreed that the documents and other materials, including but not limited to those described
above, prepared pursuant to this Agreement are prepared specifically for the City and are
not necessarily suitable for any future or other use. City and Consultant agree that, until
final approval by City, all data, plans, specifications, reports and other documents are
confidential and will not be released to third parties without prior written consent of both
parties. City agrees to assume full liability arising out of the improper use of any
information provided by Consultant.
9,2 Consultant's Books and Records, Consultant shall maintain any and all ledgers, books
of account, invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for services or expenditures and disbursements charged
to the City under this Agreement for a minimum of three (3) years, or for any longer period
required by law, from the date of final payment to the Consultant to this Agreement.
9,3 Inspection and Audit of Records, Any records or documents that Section 9.2 of this
Agreement requires Consuitant to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of
the City. Under California Government Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the
Agreement shali be subject to the examination and audit of the State Auditor, at the
request of City or as part of any audit of the City, for a period of three (3) years after final
payment under the Agreement.
Section 10 MISCELLANEOUS PROVISIONS,
10.1 Attornevs' Fees. If a party to this Agreement brings any action, including an action for
declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing
party shall be entitled to reasonable attorneys' fees in addition to any other relief to which
that party may be entitled. The court may set such fees in the same action or in a
separate action brought for that purpose.
10.2 Venue, In the event that either party brings any action against the other under Ihis
Agreement, the parties agree that trial of such action shall be vested exclusively in the
state courts of Caiifornia in the County of Alameda or in the United States District Court for
the Northern District of California.
10.3 Severabilitv. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so
adjudged shall remain in full force and effect. The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision of this
Agreement.
Consulting Services Agreemenl between
City of Dublin and Fehr and Peers
December 5, 2005
Page 11 of 13
I.?:i 9J ';:J s-
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this
Agreement does not constitute a waiver of any other breach of that term or any other term
of this Agreement.
10,5 Successors and Assiclns. The provisions of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the parties.
10,6 Use of Recvcled Products, Consultant shall prepare and submit all reports, written
studies and other printed material on recycled paper to the extent it is available at equal or
less cost than virgin paper.
10,7 Conflict of Interest. Consultant may serve other clients, but none whose activities within
the corporate limits of City or whose business, regardless of location, would place
Consultant in a "conflict of interest," as that term is defined in the Political Reform Act,
codified at California Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this
Agreement. No officer or employee of City shall have any financial interest in this
Agreement that would violate California Government Code Sections 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12)
months, an employee, agent, appointee, or official of the City. If Consultant was an
employee, agent, appointee, or official of the City in the previous twelve months,
Consultant warrants that it did not participate in any manner in the forming of this
Agreement. Consultant understands that, if this Agreement is made in violation of
Government Code §1090 et.seq., the entire Agreement is void and Consultant will not be
entitled to any compensation for services performed pursuant to this Agreement, including
reimbursement of expenses, and Consultant will be required to reimburse the City for any
sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it
may be subject 10 criminal prosecution for a violation of Government Code § 1090 and, if
applicable, will be disqualified from holding public office in the State of California.
10,8 Solicitation, Consultant agrees not to solicit business at any meeting, focus group, or
interview related to this Agreement, either orally or through any written materials,
10,9 Contract Administration, This Agreement shall be administered by Melissa Morton
("Contract Administrator"). All correspondence shall be directed to or through the Contract
Administrator or her designee,
10.10 Notices, Any written notice to Consultant shall be sent to:
Robert Rees
Fehr and Peers Associates, Inc.
100 Pringle Avenue, Suite 600
Walnut Creek, CA 94596
Consulting Services Agreement between
City of Dublin and Fehr and Peers
December 5, 2005
Page 12 of 13
Any written notiœ to City shall be sent to:
Melissa Morton
City of Dublin Public Works Department
100 Civic Plaza
Dublin, CA 94568
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10,11 Professional Seal. Where applicable in the determination of the contract administrator,
the first page of a technical report, first page of design specifications, and each page of
construction drawings shall be stamped/sealed and signed by the licensed professional
responsible for the report/design preparation. The stamp/seal shall be in a block entitled
"Seal and Signature of Registered Professional with report/design responsibility," as in the
following example. -'''"'" "",
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10.12 InteQration. This Agreement, intluding the scope of work attached hereto and
incorporated herein as Exhibit A, represents the entire and integrated agreement between
City and Consultant and supersedes all prior negotiations, representations, or agreements,
either written or oral.
CITY OF DUBLIN
CONSULTANT
-~
Janet Lockhart, Mayor
Robert Rees, Principal
Attest:
Fawn Holman, City Clerk
Approved as to Form:
Elizabeth H. Sliver, City Attorney
J,lwpdIMnrsw\114\o01\2001IAgreo\form consultaotagreementdoc
Consulting Services Agreement between
City of Dublin and Fehr and Peers
December 5, 2005
Page 13 of 13
EXHIBIT A
SCOPE OF SERVICES
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Scope of services as described in Consultant's letter dated December 5, 2005 for the Citywide Bicycle
Master Plan project (attached).
S:\FotTJls\Copy of contract agreement revised.doc
Con suiting Services Agreement between
City of Dublin and Fehr and Peers-Exhibit A
December 5, 2005
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fEHR & PEERS
rUN~~OAUTIQN (DN5ULTANTS
December 5, 2005
Ferd Del Rosario, Senior Civil Engineer
City of Dublin
100 Civic Pla7.a
Dublin, CA 94568
Regarding: City of Dublin Scope of Work
Dear l'erd:
Thank you for inviting Fehr & Peers to assist the City i 1 the preparation of the City of Dublin
Bicyclc Master Plan. 'The attached scope of work and fee reflcct discussions with the City and is
responsive to the City's Request fo.r Proposals. Royston Hanamoto Alley & Abry (RHAA) is a
landscape architecture and phnning firm that specializes in park and recreation planning and
design. They wi11 focus on the trail aspects of the master plan.
W c appreciate this opportunity to assist the City of Dublin on this project. We agree to conlply
with the procedures identified in tbe Request for Proposals issued on October 7, 2005. This
proposal represents a firm offer to provide professional services to the City of Dublin and is valid
for 90 days.
W c look forward to assisting with City with this exciting project.
v cry truly yours,
FEl-1R & PEERS
..f'-trl2- Robert Rees, P ,E.
Principal
Fehr & Peers Associates, .Inc.
100 Pring.Ie Avenue, Suite 600
Walnut Cteek, CA 94596
Phone: (925) 930-7100
Fax: (925) 933-7090
Email: R.Rees®fehrandpt.ers.com
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Seope of Work for City of Dublin Bicycle Master Plan
TASK 1-IDENTIFY & EVALUATE EXISTING CONDITIONS & PROGRAMS
1.1 General Plan, Municipal Code, Internal and Other Materials
Fehr & Peers will collect and review various materials, including but not limited to the Ciry if
Dllblin Geneml Plan, City if Dublin Mllnicipal Code, East Bqy Regional Parkr District plans and
polMes, and Zone 7 Waler Ageng plans and policin. We will identify and evaluate existing plans
and policies .telated to bicycling as we!l as acceSs to parks and open space.
1.2 Existing Bicycle Facilities (Parking, Class I, II and III Facilitics)
Fehr & Peers will inventory and audit exísting bicycle facilities in DClblin, including bicycle
parking, Class n lanes, and Class III roures '. A field sUIVey will assure that existing bicycle
facilities are designed, installed, and maintained according to current standards, and will
identify substandard facilities. Additionally, we hope to identify corridors with a shoulder
stripe that could be easily converted to Class II bicycle facilities. We will work with City
staff to prioritize areas for in-field inventories.
The inventory will draw on the Bicycle Circulation System maps in the City's General Plan as
well as maps from the Dublin Parks Department, East Bay Regional Parks District, and
other agencies. The inventory includes such items as the:
· Location, segment length and classification of existing bikcways
· Bicycle usage and parking
· Number of adjacent auto lanes, speed limit, and arterial crossings
· Average daily traffic (where available)
· Provision and type of vebicle parking (parallel, diagonal, or perpendiClilar)
· Substandard sections, gaps, botdeneds, and maintenance problems
In addition to documenting bikcways and bike parking, Fern & Peers will document existing
support facilities such as showers and 10cker facilities, as required for Bicycle Transportation
Account funding. We will rcly on the City ro get an initial list of public bicycle parking
locations and will coordinate with the Livennore Amador Valley Transit Authority (LA VTA)
and City departments to identify other existing and planned facilities.
A GIS,bascd map will be created to show thc data collected in this inventory.
1.3 Bicycle Collision Analysis
fehr & Peers will collect and analyze records of bicycle collisions from City of Dublin Police
Dcpartment r'-'Ports. City of Dublin staff will ptovidc these reports, sorted to include only
bicycle-rclated collisions. We will r~"iew reports from the past five years, create a bicycle
collisions datab,\se, and analyze the collisions by sevcral factors, such as location, crash type,
parties involved, age, time of day, and primary collision factor.
I Classification system developed by Caltrans in Chapter 1000 of Planning and D"i~n ofBiryd, Facilitie.r.
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Based on this analysis, we will reconunend safety inlprovements to exisring roads, paths, and
otheI bicycle facilities. We will also recommend internal procedures that the city çan
undeItake to analyze collision data (regulaIity, depaIlment responsibilities, etc.), practices for
conducring the analysis (queries to conduct, procedures for identifying "hot spots," practiçcs
for conducting audits), and ptaçticcs for information sharing (to assure that the data reaches
the appropriate internal people and identify which data can bc posted for public
consumption). This analysis will aL,o inform the education and enforcement components of
the Plan.
1.4 Bicycle Project List
fehr & Peers will review and update the City's çurrent Est of planned bicycle projects. This
will include creating a master list of bicycle projcct., included in the Capital Improvement
Plan, the General Plan's Bicycle Circlùation System maps, PaIks Department maps, and
otheI. sources. We will then update the list, removing constructed projects and adding any
other planned inlprovements. Ranking this list and providing construction cost estimates
will be performed under Task 2.1.2.
TASK 2 - DEVELOP & DELIVER A RECOMMENDED BICYCLE MASTER
PLAN
2.1 Class I, II, and III Facilities
2.1.1. Criteria
Fehr & Peers will develop criteria to evaluate which areaS of the city arc thc best candidates
for multi-use paths and which roads are the best candidates for Class II lanes and Class III
routes. The criteIia will draw upon data collected through field surveys, public meetings, and
meetings with City staff, and will include roadway classification, traffiç volumes, collision
histoty and atttactors (suçh as public transit stations, job centers, schools, and shopping
aIeaS, parks and open space). These criteria will be organized by facility type to assist the
City in identifying future projects.
2.1.2, Bicycle Improvement Ranking Table
Before creating a bicycle project priority Est, Febr & Peers will provide a need asscssment.
The asscssment will draw upon the information gathered in field surveys, public meerings,
and conunullications with City staff. The needs assessment will identify baIriers to bicycling,
major attractors from both a local and regional perspective, and locations where bicycling
may grow as a result of development. The needs assessment may also identify etitical issues
for cydists, such as network connectivity, stteet crossings, signage, and visibility.
A key dcmcnt of the needs assessment is mapping the various items that influence bicycling.
A Geographic Information System (GIS) is the most efficient way to map this data beçause
it permits analysis and display of the data.
Fehr.& Pcers will then rcview thc updated Bicycle Project List (fask 1.5) and create a
decision matrix to rank proposed bicycle inlprovements into short-term, mid-term, and long.
term priorities. This decision matrix will assess bicycle projects based on severa! çtitecia such
as: ease of implementation, continuity, connections to açtivity centers, parks and open space,
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and multi-modal conncctions. Other considerations include: regional system integration,
ability to compete for funding (including TDA Articlc 3 and Mcasure B Funds).
The resulting Bicycle Improvement Ranking Table will identify each improvement ptoject
on the updated list, the length or scope of the facility, and the overall ranking of the project,
as wcH as orde.r·of magnitude cost estimates. The ranking will inform the overall Capital
Improvcment Program.
2.1.3. Design Standards
Fehr & Peers will develop Bicycle Facility design standards where the City would like to vary
from the Caltrans Highwqy Design Manlla4 AASHTO, Manllalon Uniform Tmffic Control Devices
or other sources to cnhance the comfort and usability of bicycle facilities. These standards
will incorporate East Bay Regional Parks District and local Flood Control District standards,
as appropriate. For instance, the City may wish tD adopt standards for multi-use paths, trail
crossings, and bicycle signals. The plan will defIne circumstances under which such devices
should be required, including drawings and instructions for installation and pavement
markings.
2.2 Bike Parking and Shower Requirements
fehr & Peers will review and refIne existing ncw development standards in the City's
Municipal Code to include standards for bicycle parking and showers. We will base these
recommendations on land use typc, distinguishing between short- and long-term bicycle
parking and defining appropriate installation locations, nu.mber of spaces, and appropriate
shower facilities.
2,3 Bikeway Sign Standards
Fehr & Peers will propose a standard for citywide bikeway directional and destination signs,
including rccommendations fN selecting which routes to sign. Dublin's Bikeway Sign
Standards will include signs for on-street lanes and rou.tes as well as off-strect mlùti-use
paths and trails.
2.4 Bikeways Map (Ptint and Online)
Fehr & Peers wi1l add a bicycle circulation layer to the City's existing GIS map and include
this in the Bicycle Master Plan. The map will include existing and proposed streets, other
major corridors, existing and proposed bicycle facilities, suppott facilities and amenities, and
locations of parks, trails, and open space, schools, employment and retail centers, bicycle
collisions and inter-modal connections. This data will have great utility to the City even after
the Plan is completcd.
Once the map is created, Fehr & Peers will provide a description of key routes. The top two
ranking projects will be formatted as fact sheets that contain enough information (a map
showing the project location, close-up on the subject area, and key cross-sections, and facts
on the project length, number of destinations served, and estimated cost of consttuction) to
be stand-alone brochures ready to be inserted into grant applications. We have allocated 20
ptofessional hours to this task. If one of the projects is larger and more complicated in
scope, the City may choose to use these hours for one sheet instead of two.
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Fehr & Peers will çreate both çamera-rcady and downloadable on-line versions of the City
Bikeways map for public use. The budget assumes that the City's GIS base maps will require
only minor modifiçation.
2.5 Bicycle Accommodation in Project Desigri, Constmetion, Inspection, and
Maintenance
We will evaluate the City's development review practiçes and, as appropriate, recommend
changes to these practices that enhance consideration and design practices for bicyclists.
Fehr & Peers will develop materials. for both private developers and City staff to ensure
bicyclists are adequately accommodated in fInal project design and during construction. This
includes building and roadway projects, and would inelude striping and signing standards for
street segments adjacent to new development. Developers, p1anners, contractors, and
inspectors among others would use these guidelines. These gtùdelines are simple and easy to
apply to development projects. l:Iicycle accommodation during construction will includc
appropriatc signage and detour development.
2.6 Bicycle Collision Analysis
As dcscribed in Task 1.3, Febr & Peers will collect and analyze records of bicycle collisions
from City of Dublin Police Department reports. We will review rcports from the past five
years, create a bicycle co11isions database, and analyze the collisions by several factors, suçh
as loçation, crash type, parties involved, age. time of day, and primary collision factor.
Based on tllls analysis, Fehr & Peers will develop Enforcement, Education, and
Encouragement recommendations that respond to collision trends. This process may also
be the basis for the creation of new Capital Projcçt design to respond to potential safety
lssues.
2.7 Trails
2.7.1 Trails Inventory
RHAA will inventory existing non-roadway mnlti-use trails. They will identify completed
and planned trail segments and note substandard facilities. The inventory will draw on the
Bicycle Circulation System maps in the City's General Plan as well as Dublin Parks
Department, East Bay Regional Parks District, and other trail maps and specific plans.
We will create a separate GIS layer from this inventory, showing all data related to multi-usc
trails.
2.7,2 Trails Projects Ranking Tabk
Rl-IAA wi11 identify a new sct of trail projects and create a decision matrix to tank proposed
tnil improvements into short-term, mid-term, and long-term priorities. This dccision matrix
wilJ assess trail projects based on several criteria such as: ease of implcmcntation, continuity,
connections to activity centers, parks and open space, and rnulti~modal connections. Other
considerations include: regional system integration and ability to compet.e for funding.
The resulting Trails Projects Ranking Table wilJ identify each improvement. project on the
updated list, the length or scope of the facility, and the overall ranking of the project, as welJ
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as order-of magniTUde cost estimates. The ranking will infonn the overall Capital
Improvement Program.
2.7.3 Trails Dcsign Standards
RHAA will develop Trails design standards where thc City would like to vary from the
Caltrans High/J/aY Design Manual, AASHTO, Manllalon Uniform Traffic Control Devices or other
souJ:çes to enhance the comfort and usability of hicycle trails. Thesc st\llidards will
incorporate East Bay Regional Parks District and local Plood Control District sta.ndards, as
appropriate. The plan will includc drawings and instructions for installation. RHAA will
propose a standard for trail signs, including reçammendations for selecting which trails to
sign.
2.7.4 Trails Map and Fact Sheets
Fehr & Peers willßdd a bicycle trails layer to the City's e"isting GIS map and include this in
the Bicycle MasteI Plan. The map will include existing and proposed trails, along with thc
other elements identified on all maps (açtivity centers, parks, etc.).
Once thc map is created, RHAA wi1l provide a description of key routcs, The top two
ranking trail projects wiIJ be fonnatted as fact sheets that contain enough information (a map
showing the projeçt location, close-up on the subject area, and key cross-scctions, and facts
on the project length, munber of destinations scrved, and estimated cost of construction) to
be stand-alonc brochurcs rcady to be inserted into grant applications. We have allocated 20
professional houts to this task. If one of the projects is larger and more complicated in
,,;ope, the City may choose to use these houts for one sheet instead of two.
TASK 3 - PUBLIC AND STAFF OUTREACH
3.1 Staff
An organization and scoping meeting wi1l be held with City staff at the ptoject ourset to
describe the project and gather input. This meeting will also serve to review the Scope of
Work and Schedule; collect available <.lata and published materials; establish meeting and
presentation schedules; and establish communication channels with all involved
departments, including the 1 ,and Development group and the Patks department.
Changcs to the Scope of Work wi1l be made if necessary at the conclusion of this task and a
refined Scope of Work and Schcdule wi1l be published.
We have also budgeted for one additional mecting with City staff to receive comments on
the Draft Bicydc MasteI Plan.
3.2 Public
Fehr & Peers will hold threc public meetings: one to describe the project and gathet input, a
second to ptesent a first draft and reccive feedback, and a thitd to present thc final draft and
receive feedbaçk City staff will review all meeting materials priot to each public meeting,
and Feht & Peets will meet with City staff just priot to each puhlic meeting as neccssar:y.
Fcbr & Peers wi1l facilitate these meetings, all of which will be publicly noticed. Thcse
meetings will utilize an open housc fonnat and seveIaI interactive stations that encourage
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feedback from meeting participants. In the fitst meeting, we will solicit input regarding kcy
bicycling destinations, existing bicycle routes, barriers to bicycling, and desired bicycle
facilitics. The data from this meeting will help guide the creation of the Bikeways Map and
the list of proposed inlprovements.
The most successful uutt:eaeh invulves recruiting members of existing community and
advocacy groups rather than relying on turnout from the general public, which can be
inconsistent. Bccause the Dublin Bicyele Master Plan will focus on access to parks and upen
space and include multi-use paths, and because there are sttung local advocacy groups, we
recommend. creating a Steering Committee to ptovide input and feedback during the
development of the Hicyclc Master Plan.
The Steering Committee should include representatives uf various City Departments
(including Planning, Public Wurks, and Parks) and othu: Agcncy departments (such as
EBRPD and the Flood Contt:ol District) as well as local advocacy groups (such as the Tri-
VaUey Trailblazers), the Chamber of Commercc, large employers, and residents. We suggest
that City Council members recommend to Public Works staff those persons they would like
to serve on an informal Steering Committee, rather than making formal appointments. This
will save time and allow more flexibility in organizing the public rneetinga. Pehr & Peer:; will
pruvide promotional materials such as meeting flyers Or press releases but will rely on dle
City to disseminat.e the information, publiely notice the meeting, and provide the meeting
location.
3.3 Planning Commission, Parks & Community Services Commission, and City
Council
Pchr & PeCIS will attend one meeting with the Planning Cummission, one mecting with the
Parks & Community Se.tvÌccs Cummissiun, and one meeting with the City Council to
present the final Bicycle Masrcr Plan.
Our budget assumes une round of revk>w by City staff and responsc t.o comments. Both the
budget and schedule assume that City staff will be able to review the draft elements within
one month of teceipt. We will submit six copies of dle report to the City for review.
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Fehr & Pects all-.inclusivc billing rates, by .raff cla..ification, are:
Classification
Principal
Associate
Engineer/Plarlner
Graphic.
Administrative Support
- -
2JS ðb ';;¡'::;
Houtly Rate
$200.00
$135.00
$95.00
$100.00
$85.00
-
Royston Hanamoto Alley & Abey's (lUIAA) all-inclu.ive billing rate., by staff classification,
a.re:
Classification
Principal
Associate
Graphics
Admini.trative Support
Hourly Rate
$145.00
$95.00
$100.00
$85.00