HomeMy WebLinkAboutReso 98-17 Consulting Agmnt with Royston Hanamoto Alley & Abey (RHAA) Streetscape Plan RESOLUTION NO. 98 — 17
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING A CONSULTING SERVICES AGREEMENT WITH ROYSTON HANAMOTO ALLEY &
ABEY (RHAA) TO PREPARE A STREETSCAPE PLAN FOR THE DOWNTOWN
WHEREAS, In February 2017, the City issued a Request for Qualifications (RFQ) to solicit
proposals from landscape architecture and planning firms to support the City's efforts in preparation
of a streetscape plan for the Downtown; and
WHEREAS, RHAA submitted their qualifications to prepare a streetscape plan for the
downtown and through a competitive process, the City interviewed the top two firms and selected
RHAA; and
WHEREAS, RHAA prepared a detailed scope of work and fee proposal for the proposed
project, and
WHEREAS, RHAA has shown that they have the ability to perform the consulting services
required; and
WHEREAS, RHAA will perform the work outlined in the Scope of Work and Fee Proposals
once the contract is executed.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve a Consulting Services Agreement with Royston Hanamoto Allen & Abey (RHAA) to
prepare a Streetscape Plan for the Downtown and authorize the City Manager to execute the
Agreement, as attached as Exhibit A to this Resolution.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin hereby authorizes the
City Manager to modify the Agreement amount up to 20 percent, or up to a new Agreement amount
not to exceed $139,024, should such changes be necessary.
PASSED, APPROVED AND ADOPTED this 18th day of July 2017, by the following vote:
AYES: Councilmembers Biddle, Gupta, and Hernandez
NOES: Councilmember Goel and Mayor Haubert
ABSENT:
ABSTAIN:
Mayor
ATTEST: /
City Clerk
Reso No. 98-17, Adopted 7/18/2017, Item No. 4.6 Page 1 of 1
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND ROYSTON HANAMOTO ALLEY&ABEY(RHAA)
This Agreement is made and entered into between the City of Dublin("City")and Royston Hanamoto Alley&Abey
(RHAA)("Consultant")as of July 18, 2017(the"Effective Date"). In consideration of their mutual covenants,the
parties hereto agree as follows:
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 place 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 December 31, 2018,and Consultant shall complete the work described in Exhibit A prior 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
conformance with standards of quality normally observed by a person practicing in Consultant's
profession,for similar services, under similar circumstance, in the same locality and at the same
time services are provided.
1.3 Assignment 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 for services outlined in Exhibit A
(Consultant's proposal). 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 specified
herein. Except as specifically authorized by City, Consultant 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, including 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 performed and reimbursable costs incurred prior to
the invoice date. Invoices shall contain the following 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 brief description of the work,and each reimbursable expense;
■ A Task Summary by project 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;
■ The Consultant's signature.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received,for services
satisfactorily performed in accordance with this agreement,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 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 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 properly executed change order or
amendment.
2.4 Reserved
2.5 Reimbursable Expenses. Reimbursable expenses, if any,shall be as set forth in Consultant's
project specific scope and budget(Consultant's proposal). Expenses not listed in Consultant's
proposal are not chargeable to City. Reimbursable expenses are included in the total amount of
compensation provided under this Agreement that shall not be exceeded.
2.6 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.7 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 rendered in conformance with this agreement 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.
2.8 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 furnish 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 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.
It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of
the specified minimum insurance coverage requirements and/or limits shall be available to City as an additional
insured. Furthermore,the requirements for coverage and limits shall be(1)the minimum coverage and limits
specified in this Agreement; or(2)the broader coverage and maximum limits of coverage of any insurance policy or
proceeds available to the named insured;whichever is greater. The additional insured coverage under the
Consultant's policy shall be"primary and non-contributory"and will not seek contribution from City's insurance or self-
insurance and shall be at least as broad as CG 20 0104 12. In the event Consultant fails to maintain coverage as
required by this Agreement, City at its sole discretion may purchase the coverage required and the cost will be paid
by Consultant. Failure to exercise this right shall not constitute a waiver of right to exercise later. Each insurance
policy shall include an endorsement providing that it shall not be cancelled,changed,or allowed to lapse without at
least thirty(30)days' prior written notice to City of such cancellation,change,or lapse.
4.1 Workers'Compensation. Consultant 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,
employees,agents, and volunteers for loss arising from work performed under this Agreement.
An endorsement shall state that coverage shall not be canceled except after thirty(30) days'prior
written notice by certified mail, return receipt requested, has been given to the City. Consultant
shall notify City within 14 days of notification from Consultant's insurer if such coverage is
suspended, voided or reduced in coverage or in limits.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General requirements. Consultant,at its own cost and expense,shall maintain
commercial general 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 performed 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 coverage. Commercial general coverage shall be at least as broad
as Insurance Services Office Commercial General Liability occurrence form CG 0001.
Automobile coverage shall be at least as broad as Insurance Services Office Automobile
Liability form CA 0001 Code 1 ("any auto").
4.2.3 Additional requirements. 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
additional insureds with respect to each of the following: liability arising out of
activities performed 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,
leased, or used by the Consultant. The coverage shall contain no special
limitations on the scope of protection afforded to City or its officers,employees,
agents,or volunteers.
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,employees,agents, 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 canceled except after
thirty(30)days' prior written notice by certified mail, return receipt requested, has
been given to the City. Consultant shall notify City within 14 days of notification
from Consultant's insurer if such coverage is suspended, voided or reduced in
coverage or in limits.
4.3 Professional Liability Insurance. Consultant,at its own cost and expense,shall maintain for the
period covered by this Agreement professional 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,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.
4.3.3 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 Acceptability 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 coverage. 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 and endorsements. Failure to exercise this right shall not constitute a waiver of
right to exercise later.
4.4.3 Subcontractors. Consultant agrees to include with all subcontractors in their subcontract
the same requirements and provisions of this Agreement including the Indemnification
and Insurance requirements to the extent they apply to the scope of the Subcontractor's
work. Subcontractors hired by Consultant agree to be bound to Consultant and the City in
the same manner and to the same extent as Consultant is bound to the City under the
Contract Documents. Subcontractor further agrees to include these same provisions with
any Sub-subcontractor. A copy of the Owner Contract Document Indemnity and
Insurance provisions will be furnished to the Subcontractor upon request. The General
Contractor shall require all subcontractors to provide a valid certificate of insurance and
the required endorsements included in the agreement prior to commencement of any
work and will provide proof of compliance to the City.
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.
4.4.5 Deductibles and Self-Insured Retentions. All self-insured retentions(SIR)and/or
deductibles must be disclosed to the City for approval and shall not reduce the limits of
liability. Policies containing any self-insured retention provision and/or deductibles shall
provide or be endorsed to provide that the SIR and/or deductibles may be satisfied by
either the named insured or the City.
4.4.6 Excess Insurance. The limits of insurance required in this Agreement may be satisfied
by a combination of primary and umbrella or excess insurance. Any umbrella or excess
insurance shall contain or be endorsed to contain a provision that such coverage shall
also apply on a primary and non-contributory basis for the benefit of City(if agreed to in a
written contract or agreement) before City's own insurance or self-insurance shall be
called upon to protect City as a named insured.
4.4.7 Notice of Reduction in Coverage. In the event that any coverage required by this
section is reduced, limited,or materially affected in any other manner, Consultant shall
provide written notice 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 selected by 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 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, by acts for which they could be held
strictly liable,or by the quality or character of their work.The foregoing obligation of Consultant shall not apply when
1)the injury, loss of life,damage to property, or violation of law arises wholly 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 2778 of the California Civil Code.Acceptance by City of insurance certificates and
endorsements 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 acknowledges 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 enrollment 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"
Consultant/Subcontractor's responsibility for such defense and indemnity obligations shall survive the termination or
completion of this Agreement for the full period of time allowed by law.
Section 6. STATUS OF CONSULTANT.
6.1 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,Consultant 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.
6.2 Consultant No Agent. 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.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws
applicable to the performance of the work hereunder.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal
assistance from another governmental entity, Consultant and any subcontractors 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 Equal Opportunity. 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 at any time and without cause upon written
notification to Consultant.
Consultant may cancel this Agreement upon 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.
8.2 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 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 Assignment and Subcontracting. 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 interest 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 by Consultant. If Consultant materially breaches any of the terms of this
Agreement, City's remedies shall include, 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 that 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 Agreement and that relate to the matters covered hereunder shall be the property
of the City. Consultant hereby agrees to deliver those documents to the City upon termination of
the 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.
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 Consultant 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 shall 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 Attorneys' 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 this Agreement,
the parties agree that trial of such action shall be vested exclusively in the state courts of California
in the County of Alameda or in the United States District Court for the Northern District of
California.
10.3 Severability. 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.
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 Assigns. 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 Recycled 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 to criminal prosecution for a violation of Government Code§1090 and, if
applicable,will be disqualified from holding public office in the State of California.
Principals and those performing work for City of Dublin may be required to submit a California Fair
Political Practices Commission (FPPC) Form 700: Statement of Economic Interests documenting
potential financial conflicts of interest. For additional information, proposers should refer to the
FPPC website at http://www,fppc.ca.gov/Form700.html.
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 the City Manager("Contract
Administrator"). All correspondence shall be directed to or through the Contract Administrator or
his or her designee.
10.10 Notices. Any written notice to Consultant shall be sent to:
Any written notice to City shall be sent to:
The City of Dublin
Amy Million, Principal Planner
100 Civic Plaza
Dublin, CA 94568
10.11 Integration. This Agreement, including Exhibit A represents the entire and integrated agreement
between City and Consultant and supersedes all prior negotiations, representations,or
agreements, either written or oral.
IN WITNESS HEREOF, the parties have caused their authorized representatives to execute this
Agreement on the day of 2017.
CITY OF DUBLIN CONSULTANT
Christopher L. Foss, City Manager Royston Hanamoto Alley&Abey
Attest:
Caroline Soto, City Clerk
Approved as to Form:
John Bakker, City Attorney
EXHIBIT A
SCOPE OF SERVICES
Downtown Dublin Streetscape Plan
City of Dublin
June 30,2017 rh
LANDSCAPE ARCHITECTURE+PLANNING
FEE SUMMARY
Task 1 - Project Start-up(May 1,2017-July, 17 2017) $2,530
Task 2 - Inventory,Assessment,and Opportunities (July 18,2017-August 31,2017) $15,810
Task 3 - Concept Plan+Alternatives(September 1,2017-October 16,2017) $18,185
Task 4 - Preferred Alternative and Draft Plan (October 17,2017-Nov. 17,2017) $9,555
Task 5 - Final Downtown Streetscape Plan(November 20,2017-January 31,2018) $24,945
Subtotal RHAA Labor $71,025
RHAA Sub-consultant labor
1 BKF Engineers $25,200
2 Fehr&Peers $15,225
Subtotal RHAA Sub-consultant Labor $40,425
Estimated RHAA reimbursable expenses(2%) $1,421
BKF reimbursable expenses $200
Fehr&Peers reimbursable expenses $761
Sub-consultant mark-up(5%) $2,021
Total Labor+Reimbursables $115,853
RHAA
Landscape/Urban Urban
Principal PM Assistant
Nathan John Lindsey
Lozier Martin Yuen
Task 1 - Project Start-up(May 1,2017-July, 17 2017) $205 $175 $125
1.1 Refine scope and schedule 2 2
1.2 Develop public involvement scope and schedule 2 2
Hours 4 4 0
Task 1 Meetings
1.3 Kick off meeting with City Staff-1 2 2 2
Meetings 2 2 2
Total Hours 6 6 2
Fees $1,230 $1,050 $250
Task 1 -Firm Labor Total $2,530
Total Task 1 $2,530
Task 1 Dellyerables
1. Scope,Schedule and Fee
1of5 Of
Task 2 - Inventory,Assessment,and Opportunities (July 18,2017-August 31,2017)
2.1 Review relevant existing City policies,plans,and maintenance practices 2 2 2
2.2 Site walk evaluation 2 2 2
2.3 Document existing conditions and prepare Base Maps 1 2 16
a. Planning areas,land uses,key destinations
b. Street geometry(incl.allocation of street space)and utilities
c. Circulation,traffic conditions and safety
d. Signage and wayfinding-typical appearance and location
e. Public spaces and"street life"
f. Trees,planting,and"green infrastructure"
g. Inventory of existing street furnishings and materials
h. Existing public art
2.4 Prepare Overall Opportunities and Constraints Plan 1 1 4
a. Public spaces and"street life"opportunities
b. Trees,planting,and"green infrastructure"opportunities
c. Pedestrians and bicycles,circulation and traffic safety opportunities
d. Identity,art,and wayfinding opportunities
e. Utility constraints
f. Street geometry constraints
2.5 Street typologies and precedent studies 1 2 10
2.6 Opportunities and themes for art,signage,and"brand" 1 2 6
2.7 Community Meeting#1 preparation and follow up
a. Review Community Meeting program with City Staff and revise as needed 1 1 3
b. Prepare Meeting notes 1
2.8 Project management and team coordination 1 2
Hours 10 14 44
Task 2 Meetings
2.9 Meetings with City Staff(in Dublin) (1) 2 2 2
2.10 Meetings with City Staff(web conference) (2) 2 2 2
2.11 Internal design team meetings(2) 2 2 2
2.12 STAKEHOLDER MEETING:Meet with stakeholders in back-to-back meetings 2 2
2.13 COMMUNITY MEETING#1 -Existing Conditions+Opportunities 4 4 4
Meetings 12 12 10
Total Hours 22 26 54
Fees $4,510 $4,550 $6,750
Task 2- Firm Labor Total $15,810
Total Task 2 $15,810
Task 2 Deliverables
1. Existing Conditions/Base Map Plan Board
2. Existing Street Sections Board
3. Existing Photos Board
4. Overall Opportunities and Constraints Plan Board
5. Street Typologies and Precedents Board
6. Meeting materials and notes
2of5 2 o`9
Task 3 - Concept Plan+Alternatives(September 1,2017-October 16,2017)
3.1 Develop overall streetscape framework plan (street typologies+plaza 1 2 6
opportunities)
a. Planting concept and palette
b. Furnishings palette
c. Materials and details
3.2 Develop overall green infrastructure plan options 1 2 4
3.3 Develop overall signage,wayfinding,and identity plan,themes,and precedents 1 2 6
3.4 Develop overall public art opportunities plan,themes,and precedents 2 2 6
3.5 Develop(2-3)concept alternatives for Village Parkway (plan,section,precedent images) 2 2 12
3.6 Develop(1-2)concept alternatives for Regional Street(plan,section,precedent images) 2 2 12
3.7 Community Meeting#2 preparation and follow up , 2 2 12
a. Review Community Meeting program with City Staff and revise as needed 1 2 4
b. Prepare Meeting notes 1
Hours 12 16 63
Task 3 Meetings
3.8 Meetings with City Staff(in Dublin) (1) 2 2 2
3.9 Meetings with City Staff(webconference) (2) 2 2 2
3.10 Internal design team meetings(2) 2 2 2
3.11 COMMUNITY MEETING#2- Presentation and Feedback on Concept Plan+Alternatives 4 4 4
Meetings 10 10 10
Total Hours 22 26 73
Fees $4,510 $4,550 $9,125
Task 2-Firm Labor Total $18,185
Task 3 Deliverables
1. Framework Plan,Planting,Furnishing,Materials+Details,Infrastructure,Signage
+Wayfinding,Art Opportunities
2. Village Parkway Boards(2-3)
3. Regional Street Boards(1-2)
4. Meeting materials and notes
3of5 3of9
Task 4 - Preferred Alternative and Draft Plan(October 17,2017-Nov.17,2017)
4.1 Based on staff feedback,develop the preferred alternative 1 2 16
a. Prepare study enlargements of specific areas
b. Prepare support graphics(precedents,sections)
c. Create palette of planting,materials,furnishings
d. Plaza plan graphic,precedents,narrative of programs and features
4.2 Public Arts Plan(graphic) 1 1 4
a. Opportunities and themes
4.3 Prepare for Council Meeting
a. Update graphics to align with Preferred Alternative 1 2 4
b. Review Council agenda with City Staff and revise as needed 1 2 4
c. Prepare Meeting notes 1
4.4 a. Prepare outline of Downtown Dublin Streetscape Plan 2
Hours 4 9 29
Task 4 Meetings
4.5 Meetings with City Staff(web conference) (2) 2 2 2
4.6 Internal design team meetings(1) 1 1 1
4.7 MEETING#3- Presentation Preferred Alternative to City Council 4 4 4
Meetings 7 7 7
Total Hours 11 16 36
Fees $2,255 $2,800 $4,500
Task 4-Firm Labor Total $9,555
Task 4 Deliverables
1. Preferred alternative plan and related graphics
2. Public Arts Plan(graphic)
3. Meeting materials and notes
4of5 4of9
RHAA
Principal PM Assistant
Nathan John Lindsey
Lazier Martin Yuen
Task 5 - Final Downtown Streetscape Plan(November 20,2017-January 31,2018) 2018 Rates $215 $185 $135
5.1 Prepare Draft Downtown Dublin Streetscape Plan that compiles all data and
synthesizes that information into a comprehensive report.
Streetscaoe Plan Contents
a. Introduction,Context,and Purpose 1 2 4
b. Vision and Goals 1 2 2
c. Existing Conditions 1 2 4
d. Outreach 1 2 4
e. Preferred Plan(Overall,Village Parkway,Regional Street) 1 2 10
f. Mobility(Pedestrian,Bike,Transit,Vehicular) 1 2 8
g. Public spaces and"street life"(plazas) 1 2 8
h. Identity,character,wayfinding (signage,gateways) 1 2 8
i. Materiality(Paving,Lighting,Planting,Furnishings) 1 2 4
j. Public Artwork(Temporary,Permanent,Utility boxes) 1 2 4
k. "Green Infrastructure"and utilities(Stormwater management,utilities) 1 2 4
I. Strategies,priorities and action items 1 1 4
m. Funding opportunities 1 1 6
5.2 Based on staff feedback,revise Document and prepare final Document 2 4 24
5.3 Prepare for Commission and City Council Meetings 1 2 4
5.4 Finalize Downtown Dublin Streetscape Plan Document based on any Council feedback 1 2 4
Hours 17 32 102
Task 5 Meetings
5.5 Meetings with City Staff(in Dublin) (1) 2 2 2
5.6 Meetings with City Staff(web conference) (2) 2 2 2
5.7 Internal design team meetings(2) 2 2 2
5.8 COMMISSION MEETING-present Final Document 2 2
5.9 CITY COUNCIL MEETING-present Final Document 2 2
Meetings 4 4 0
Total Hours 21 36 102
Fees $4,515 $6,660 $13,770
Task 5-Firm Labor Total $24,945
Total Task 5 $24,945
Task 5 Dellverables
I. Draft Downtown Dublin Streetscape Plan
2. Final Downtown Dublin Streetscape Plan
3. Updated Final Downtown Dublin Streetscape Plan
Firm Labor Total $71,025
Total Labor $71,025
5 of5 5of9
=0 B k F ioo+
YEARS
ENGINEERS.SURVEYORS.PLANNERS
BKF No. 20175048
June 27, 2017
Updated June 29,2017
John Martin, Landscape Architect, LEED AP
Senior Associate
RHAA
LANDSCAPE ARCHITECTURE + PLANNING
323 Geary St, Suite#602
San Francisco, CA 94102
Transmitted Via Email
Subject: Downtown Dublin Streetscape Plan
Dear Mr. Martin:
BKF Engineers welcomes the opportunity to submit this proposal for civil engineering services to support the
Downtown Dublin Streetscape Plan project. We understand that the project intends to create a master plan to
help the community and City prepare for the ultimate redevelopment of the area and implementation of an
overall streetscape.
Task 1— Project Start-up
No BKF involvement
Task 2—Inventory, Assessment and Opportunities
A. BKF Scope
2.3
a. Review CAD base of existing conditions (parcels, ROW, lane configurations/striping, curbs and
medians, major utilities (storm, sanitary,water, electric, gas). This information will be based on City
provided composite drawings.
b. Walk the site to determine drainage and other potential constraints.
c. Prepare a memorandum describing the constraints for Downtown Dublin streets;
d. Review and comment on Opportunities and Constraints
B. Meetings:
• 2 internal design team meetings (web conference)
C. Deliverables:
• CAD base
• Opportunities and Constraints memo documenting reconfiguration, expansion, and green infrastructure
possibilities (based on the City's Environmental Service team's green infrastructure plan) on Downtown
Dublin streets
• Typical existing street cross sections, documenting ROW, sidewalk width, curb, median and lane
configurations
1646 N. California Blvd., Suite 400, Walnut Creek, CA 94596 1925.940.2200 6 of 9
RHAA
Ofmal looDowntown Dublin Streetscape Plan
YEARS June 29, 2017
ENGINEERS.SURVEYORS.PLANNERS Page 2 of 3
D. Assumptions/Exclusions:
1. City to provide record drawings of all utilities including those from other agencies
2. City to provide CAD base of existing conditions (parcels, ROW, lane configurations/striping, curbs and
medians, major utilities (storm, sanitary,water, electric, gas).
3. City to provide topographic or aerial geometric survey of the streets sufficient for consultants use
4. City to provide AutoCAD file that delineates properties, right of way and ties right of way to street
geometrics (e.g. curbs)
E. Base Fee: $8,000 (60 Hours)
Task 3 Concept Plan + Alternatives
A. BKF Scope
3.1—Assist in preparing overall framework plan for project site
3.2—Assist in establishing a green infrastructure approach
3.5—Assist in developing 2 or 3 alternative geometries for Village Parkway
3.6—Assist in developing 1 or 2 alternative geometries for Regional Street
B. Meetings:
• 2 internal design team meetings (web conference)
C. Deliverables:
None by BKF.
D. Assumptions/Exclusions:
1. Drafting and production of all work by RHAA.
2. Memorandums or review/recommendations describing infrastructure modifications (drainage,
relocation of utilities, etc.) needed to support each of the alternatives
3. Cost estimating of alternatives.
E. Base Fee: $6,400 (40 Hours)
Task 4— Preferred Alternative and Arts Plan
A. BKF Scope
4.1—Assist in preparing preferred alternative plan (road geometries, green infrastructure)and typical
street sections per Task 3 direction and Community Workshop#2.
B. Meetings:
• 1 internal design team meetings (web conference)
C. Deliverables:
None
D. Assumptions:
Drafting and production of all work by RHAA.
7 of 9
RHAA
Ofmal + Downtown Dublin Streetscape Plan
YEARS
June 29, 2017
ENGINEERS,SURVEYORS.PLANNERS
Page 3 of 3 3
E. Base Fee: $8,400 (48 Hours)
Task 5 Final Downtown Dublin Streetscape Plan
A. BKF Scope
5.1—Review text and graphics prepared by RHAA for the Downtown Dublin Streetscape Plan per work
completed and comments received for Task 2, 3 and 4.
B. Meetings:
• 1 internal design team meetings (web conference)
C. Deliverables:
Drafting and production of all work by RHAA.
D. Base Fee: $2,400 (14 Hours)
Tasks 1-5 Labor Fee $25,200
Reimbursable Expenses Allowance $200
Total BKF Base Fee Tasks 1-5 $25,400
For any work with not defined in the scope of work(e.g.field or aerial survey, cost estimating, etc.), or for
additional meetings or assistance we could prepare a separate proposal.
Thank you for the opportunity to present this proposal. We look forward to assisting in developing this project.
Please contact us at 925.940.2200 if you have any questions regarding our scope of services.
Respectfully,
BKF Engineers
Dan Schaefer, PE I LEED-AP
Principal/Vice President
CC: Dayne Johnson, BKF Project Manager
8 of 9
Dublin Streetscape Fee - Fehr & Peers
6/29/2017
Fehr&Peers
Task Kathrin Tellez, Carrie Modi, Project
Admin
Principal-in- Project Planner/ Graphics Support Direct Costs F&P Total
Charge Manager Engineer
Hourly Billing Rate: $255 $180 $140 $130 $130
2.3-Prepare a memo on Opportunities and Constraints regarding
circulation,signalization and safety,one conference call and review of 3 8 16 8 4 $300 $6,305
Community Workshop#1 boards
3.1 -Assist in preparing overall framework plan for project site 2 6 1 $86 $1,806
3.5-3.6-Provide input on design concept alternative plans for traffic, 3 8 6 2 $165 $3,470
circulation and safety
-Assist in preparing preferred alternative plan(traffic,circulation and 2 4 4 8 2 $155 $3,245
safe
5.2-Assist in revising text and graphics prior to City review 1 4 1 $55 $1,160
9 of 9