HomeMy WebLinkAboutItem 4.9 Bicycle & Ped Improvements or nU,��
19 82 STAFF REPORT CITY CLERK
` CITY COUNCIL File #600-35
DATE: May 5, 2015
TO: Honorable Mayor and City Councilmembers
FROM: Christopher L. Foss, City Manager "
SUBJECT: Approval of Consulting Services Agreement with Fehr and eers to Provide
Engineering Services for the Amador Plaza Road Bicycle and Pedestrian
Improvements
Prepared by William Lai, Assistant Civil Engineer
EXECUTIVE SUMMARY:
On January 20, 2015, the City Council approved the Capital Improvement Program (CIP)
Project, Amador Plaza Road Bicycle and Pedestrian Improvements. The project includes
improvements to enhance bicycle and pedestrian safety and accessibility along Amador Plaza
Road between Dublin Boulevard and Amador Valley Boulevard. Staff recommends the selection
of Fehr and Peers to complete the engineering design work for the project.
FINANCIAL IMPACT:
The total approved budgeted funding for the project is $1,414,000. Funding sources include
$954,000 from the City's Downtown Traffic Impact Fee Program (DTIF) and $460,000 from the
Downtown Public Improvement Reserve. The proposed work by Fehr and Peers has a not-to-
exceed amount of $188,777 and is within the budgeted amount of the Engineer's Estimate for
professional consultant services.
RECOMMENDATION:
Staff recommends that the City Council adopt the Resolution Approving the Consulting
Services Agreement with Fehr and Peers to Provide Engineering Services for the Amador Plaza
Road Bicycle and Pedestrian Improvements Project.
u'bmitteb By Reviewed By
Public Works Director Assistant City Manager
DESCRIPTION:
As approved by the City Council, the Amador Plaza Road Bicycle and Pedestrian Improvements
Project will be located on Amador Plaza Road between Dublin Boulevard and Amador Valley
Boulevard (Attachment 1). The proposed improvements include:
Page 1 of 2 ITEM NO. 4.9
1. Striping of two (2) mid-block crosswalks with curb extensions to improve pedestrian
visibility and to decrease pedestrian crossing distance.
2. Installation of Rectangular Rapid Flashing Beacon (RRFB) pedestrian warning devices at
each proposed mid-block crosswalk
3. Implementation of street improvements to address multimodal transportation circulation
at the driveways into Safeway and Dublin Place
4. Construction of the southbound exclusive right turn lane at the intersection of Amador
Plaza Road and Dublin Boulevard.
Staff invited engineering firms to submit proposals for the engineering work and received a total
of three proposals. Following a review of the proposals, Staff is recommending Fehr and Peers
to perform the work. Fehr and Peers prepared the recently adopted Bicycle and Pedestrian
Master Plan and has performed satisfactorily on various other similar projects in the past.
The services provided by Fehr and Peers will include, but is not limited to, project planning, civil
and traffic engineering, land surveying, and construction support. The design stage of the
project will include public meetings to gather feedback from local businesses, property owners
and other stakeholders. Fehr and Peers will be providing technical support to Staff at these
meetings.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A copy of the staff report was sent to Fehr and Peers
ATTACHMENTS: 1. Location Map
2. Resolution Approving the Consulting Services Agreement with Fehr
and Peers to Provide Engineering Services for the Amador Plaza
Road Bicycle and Pedestrian Improvements Project and Authorize
the City Manager to Execute the Agreement
3. Exhibit A of Resolution —Agreement with Fehr and Peers
Page 2 of 2
Location Map of Proposed Improvements
'` •••.. ..} . you\e�ac �: �:• � --� �.
lei
9 aaa ; Crosswalk `` A!
dQOr�
°a
dd ,� • a SyPa.0 ts; a
Crosswalk `
e •
ti'
t` •a 4 %
r. REa
�y Re- esign of
- Driveway
- Safeway*
- Construcfi'on'"of •�:
Exclusive Right • ''
Tern Lane*
you\evaCd R
*Approximate location of proposed improvements. Final design will be determined after
community feedback.
RESOLUTION NO. - 15
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING THE CONSULTING SERVICES AGREEMENT WITH FEHR AND PEERS TO
PROVIDE ENGINEERING SERVICES FOR THE AMADOR PLAZA ROAD BICYCLE AND
PEDESTRIAN IMPROVEMENTS PROJECT
WHEREAS, the City Council approved a Capital Improvement Program (CIP) Project that
will implement improvements to enhance bicycle and pedestrian safety and accessibility along
Amador Plaza Road between Dublin Boulevard and Amador Valley Boulevard; and
WHEREAS, it is necessary to hire a consultant firm to prepare provide engineering
services for the project; and
WHEREAS, the City desires to hire the firm of Fehr and Peers to provide engineering
services;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin
hereby approves the agreement with Fehr and Peers to provide engineering services for the
Amador Plaza Road Bicycle and Pedestrian Improvements not to exceed $188,777.00.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
agreement, attached hereto as Exhibit "A."
PASSED, APPROVED AND ADOPTED this 5t" day of May, 2015, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
CONSULTING SEIRVlCES AGREEMENT BETWEE114
Tlil:.:�CITY OF DUBLIN AND
FE14R&PEERS
THS AGREEMEN r for cormulting services is made by and between the City of DuNin('City"')and
Fehr&Peers,, ("Consultant*)as of May 5,2015a
Section 1. SERVICES, Subject to the terms and conditions sel forth in this Agreement,Consuftant
small—provide to(Tty–th;sere'h:;es desexibed in the Scope of Work attached as Exhibit A at the time ard
place and in the manner speLffied therein. In the event of a conflict In or inconsistency betwoen the terms
of this Agreement and Exhibit A,the Agreement shall prevail,.
1A T Tn of Services. The term of this Agreement shall begfn on the date first noted above
and shall end on the date of completion of the scope of services specified Urn EAabut A,and
Consultant shall complete Ithe work described ln ExhiNt A unless ftie term of the
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Agreement N otherwise term�nated or extended,as pmvidedfor in Se ion 8. The time
provided to Consultant to complete the services required by this Aqreernenl shall not affect
the City's Nht to terminate the Agreement.as rwoAded for in Section 8.
1.2 Standard of Performance. Consultant shall pe6orm all services requlred pursuant to
rent in the amriner and according to the standards observed by a c.ompetent
practitioner of the profession In which Consultant is engaged in the geographical area in
which Consultant practices its profession, ConsuKant shah oonform to the standards of
quality normally observed by a person prartcing In Consultanfs pr;--ftssion,
1 3 AgEignment of IPerso nnel,. Consuftaint shall assign only competent personnel to perfc.:wrrn
services pursuant to his Agreement, In the event that City,in lts reasonable discretlon,at
any firne during the term of this Agreement,desires the reassignment of any such persons,
Consultant shall,immediately iupon receiving notice from City of sucl-,l desire of City,
ireassign such person or persons,
1.4 Time. Consultant shall devote suicl,n Vrne to the per-formance.,of services Ipurs uant to
Fh–ls- qreeirnent as may be reasionably necessary to meet the standard of perforrnance
provided ln Seclon 1.1 above and to satisfy Consultant's obligations hereunder.
2", C..O M PEA S.A..1.".1.0 N..., City hereby agrees to Ipay Consultant for servloes oubined in.E.x h..J.b.J!A,
In arx.,ordaince with the rate schedule attached hereto as Ddilbft B. ln the event of a oontfict Ibetween this
Agreement and Consultariff..,proposal,regan.fing the amount of compensafif.xi,ft Agreement shall pr evall.
City shall pay Consuftantfoir services rendered Ipur suant to thls,Agreernent at the time and in the manner
set forth tiierain, n-ie payments specified below shall be the oNy payrnents from City to Consultant for
services rendered pursuant to this Agreement, Consultant shall submit aH involves to City in the manine..r
specified herein, Except as spocft0y authodzed by pity,Consuftantshall not b0i Cltyfor duplicate
services performed by more than one person,
mm ........................
Consuffing Servlces Agreement Ibetween May 5,,2015
City of Dubfin and Fehr&Peers Page 1 Of 14
Consultant and City ackiiiowledge and agree that compensation paid by City to Cormsultant:under thn'us
preelrnent hs based upon onsuhtant's estimated rests of prov6np the servicas hereunder,
hndudi np salaries and benefits of employees and subcontractors of Consultant, Consequently,the parthes
further qIree that compensation hereunder is intended to l ncAude the costs of contributoorns to any IpernMons
anndlor annu'lthes to which Consultant and its ernplloyees„aqientsl,and subcontractors ntractors rmnay be eilgR4e, CRy
ttnerefore has ruo resf,nonnsHih y for such contmtlxtuons beyond cornpensabon required under this Agreement,
.d invoice .: Consuftaint shnallh suldmniit lruv ice ,not more often than once a rna intfn dulronp the
terra of this,Agreement,based on the cost for services(performed and reomtnursatnle costs
lrncurrcd prior to the onvciice date, kwol s shall contain the following information:
erta.l lidento ra dons of progress bhlh&u Le., (progress(boll Noe d for thefirst llrnvouce,etc.;
The beginning and endoru,q dates of thne tnthhhrnr perk)d;
A Taste Summary conWdng tEnn,n or'uplunat contract amount,tine armroualnt of prior bollllrnps„
die total dune tints Wod, the Ibalance avaulalNe under the Agreement,and the
percentage of cormpietiono
At Oys optholn,for each wortu Kern in each task,a copy of the appl°rcaNe time entries
or time sheets shnaih be suubmi erd shnowonp the name of the pen°son doing the *,llhne
hours spent by each person,a bdef descroptoon of the nvolrk,and each reorntmirsable
expense;
® Tim total nnu irnnber of hours of work perforn'ned urndelr the Agreement by Consultani
and each employee,agent, and subcontractor of Consultant parforrnklg servlces
hereunder,as wdR as a separate notloe when tide totall nnurribe°of hours of wDrk by
onsultarnt and array lindhr ducal ernptoyee,agent,or subcontractor of Consultant
reaches of exceeds 800 hnoursu which shag include an esthlrnate of the Larne necressalry
to complete the work described in ExIiihit
The Consultant's sogrnature4
m pm pa eat,. Ct'shah make monthly payments,based on invoices received,for
services satfsfactorhhy(performed,and for an,uttnodzed reombursabhe costs lncurrr(ml. Giity
shall have 30 days frornn the ren ipt of alrn invoice that complies�w ithn all of the requirements
above to pay Consultant
2.3 'twill PayMent, City sKallll pay the last 10%Hof the total sum due(pursuant to this
Apr ernent within sixty(60)days after compWon of the services and submMW to City of a
flash invoice,if ail services required have been sathsfactorllhy perfonrned.
2.4 T A�J a Pent, C4 shall pay for the servGces too be rendered by Consultant pursuant to
trios Agree melnt. Gity shallh not pay any addhtuonall sure for any expense or oDst whatsoever
hncurrad by onsunitarnt qn rendering serrvooes puursualrnt to this Agreement, City shall make
rmo payment for any extra„further,or anddotionah service,punrsuualnt to thnlils Agreement.
to no event shna 9 ConsuRant submit any Mvoice for an amount Ins ows of the rn"uaxiilrnurmn
amount of cormnperma olrn proAded above either for a to k or`for°'tt'ne entire Agreement,
onsuVturng er�vii ns Agreennent between ,....,,,,
.. May ,2015
Oty of Dublin and Fehr&Pears Page 2 of 14
uniess the Agreement is modified phor to Ow submission of such an invoice by a P,opeely
executed change order or amendmient,
2.5 11ourIX Fees. Fees for work,performed by Consultant on an hourly basis shall inot exceed
the amounts shown on the fall "n fee schedWe:
2.6 RaimbuTsable Eviinangan, Reimbursable expenses are specified lin the consuftant's
proposa" IL 11!xPenses not Hsted are not cliargeaMeto City, Reirnburs.-Oe expenses are
included in the total amount of compensation provided under 1his Agre ement that shall not.
be exceeded.
2.7 f!a rneul�t of a w Consultant is solely responslUe for the payment o,f employment taxes
incurred under this Agreement and any similar,federal or state taxe.,,-,,-
2.8 In the event that the City or Consultant terrrOnates this
Agreement pursuant to Section 8,the City shaH compensate the Consultant for Wt
outstanding costs and reimbursable expenses incurred for work satisfactorily completed
as of the date of w6ften notice of terrmination. Consuftant shad maintain adequate hogs
and firnesheels in order W verify costs incurred to that date.
2.9 Authorization to' e ervices. The Consultant is not authorized to perfonn any
7-
services or incur any cats whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator,
Section 3. FACIL.111111ES AND E' IExcept as set forth herein,Consuitant shaii,at its S'Ne
tLWMECr
cost and expense„proOde all facilities and equipment that maybe necessary to perform the servires
required by this Agreement. City shall make availaWe to Consultant Wy the facilities and equoment listed
in this section,and only under Rue terms and oDndftioins set forth ftereiri.
City shall furnish physical facillifies such as desks,Ming cabhipts,and conference space,as may be
reammaWy inecessary for Consultant's use while consulting with City ernployees and irevieWng records and
the informabon'in possession of the City, "The(location,quantity,and tirne of furnishing those fac.ilifies shall
be in the sole discretion of City. In no event shMi City W obligated to furnish any facility that may lnvoNe
incurring any direct expense,inclW ing but not limited to rzrnputer,long-distance telephone Or other
communk'Afion charges,vehicles,and reproduction facififies.
Sectliorn 4. INS1.1RANCE 1112UIREMENTS. Before beginning any wod(under this Agrt.-oerymnt,
�r)—nsklftant,at its own—cost and expense,shah pro(.wre"occurrance coverage"insuran(m against ciaims for
InJuries to persons rg,damages to property Oiat may arise from or in connection With the operations in
connection width the proAsion of professional services of the Consultant and its agents, representatives,
employees,and sutx;ontractors. Consultant shall provide 1proof satsfactory to City of such insurance that
meats the requirements of 0--iis section and under forms of insurance satisfactory in ail respects k')the City.
Consuftant shall maintain the insurance policies required by this section throughout the term of this
Agreement. The cost of such Insurance shall be illICiUlded in the Consuftant's bid, Consultant shall not
Zo—nsiu--Ifing Services Agreement between May 5,2015
Gity of Dublin and Fehr&Peen, Page 3 of 14
aHow any subcontracloir to coirwrience wog on any sidbicantract untii Consultant has obtained all insurance,
requifed her6n for the subcor-Aractor(s)and proAded eMence thereof to City. Ve0fication of the required
Insuranco si-W be subrnRled and made part of this Agireement prioir to execution,
4.1 Wgir rs' CoL a
'ke p2i risation, Consuftant shah,at its sole oost and expense, maintain
t,o r y N- l(e r s..........C o r w"i p e nsation Insurance aii-KJ Emp yer's WAR, IInsurance for any
and alU persons employed 6rectly or Mirectly by Consuftairit. "I"he Statutory Workers'
Coirnpensation Ilnsluuranc o and Ernpl oyer`s I lability Ilrusuuranr e shah be pmvided with hrnfts
of not less than ONE lViLLAON DOLLARS($1,000,000.00)per accident. In the afternafive,
Consultant may rely on a seff-kisurance prqrarn to meet those requirements,but oMy if
one pirograrn of seff-insurance coqphes fuUy with the provisions of the Call ornia II ib or
Code, Determir-mboin of whether a seffAnsiurance prograrn rneets the standards of the
Labor Co:de,,,.nlIfiiafl be u.,wlely ki thp(11sirretion of the Cointnact Adrninistr,ator. "Tbe insurer,if
dinsurance is proAded,or the ConsUitant,if a prograrn of salt-Jnsurarnop is provided,shall
wapve alll rights of siubrogakn against the Cofty and its officeirs,officials,ernrAoyees,and
vciunleers for k)ss wising from or perfamied under this Agreement.
An endorseuwumt OW1 state that coverage shall not Ilea canWed exw..pt after thirty(30)
days'Iprior w6ften riofice by maul has Ibeen gNen to Iie City, Corm ulh.iint,shaH riob ;dty
witi,-iiiii-ii 14.days of nobficabon friorn Consuftant's insurirar if such coverage is suqpended,
voided of,reduced Orr coverage or In iimits.
�4.2 CoirnmeircialGeneirW and Alutor-nob.Ille
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4.11 General re uhremeints. (,onsult�int,at its,own cost and expense,shafl maintaiin
....................I.............—.Q..............trot
corrmerciW generai and autornobHe fiabAity irl$Urance for the tern of this
Agreement in an arnouint not less thairi ONE MILLION DOLLARIS($1 1,000,000 00)
peir occurrence,co0NncM single firnit wvf:urage for dsks ass(, ated With the work
conternpWeii Iby this Agreement, It a Cornmerdai Gerterai LiabHity Insurance or
an Autoindbfle I.JIatAhty form or other forrn with a genervil aggregate knit is used,
eMer the general aggregate hrrift,shall apply separately io the work to be
performed undeir this Agn,uernent or the general aggregate MO shall be at least
hvice the required occurremrx.,IlurnniL Such coverage shall dnoiude but shaH not be
finifteid to,protection agakist dahms adsirn g frnm bodtly anid personal inJury.
including death reskAting Oierefroin,and damage,to pr-(wpeirty resuffing from
activfts oontompWeid under this Agire(-.-mrnerft,inciuding tie use of hired and rion-
owned automobHes.
4 2.2 IMI.I.AnD. s.'C"a" C�)nwneri;W general coverage sl,W�l beat least as
broad as linsiyance Ser*es Office Comirnerclat General I iWity ocajirTence form
CG 0001 (ed, '11188)or Insurance Serkes Office form nurrfl)er GI 0002(ed. '1173)
rA.)v(,..Mng comprehensive Genera i Jabifty and hiisurance Seir0m., s Office form
nurnber GL 0404 covering Broad F'orm Cornprehiorusive General I.Jabifity,
AiutornobHe coverage shali Iluru at ieast as broad as linsuirance Services Offte
blonsui ti-ni"'S' 19Wv"i-ce,s..........A g u°aa amnt'dau earu .............................................................................. —1,2 0 —5
City of 1'.)ubfiri and F`ehr&Peers Page 4 of 14
Automobile I JabtI4 fomn CA 0001 (ed,. 12/90) Code 8 and 9 ran y auto"), No
endorsement shati The attached Ilirnifing the coverage.
423 Additional
&_qIggirements. I ch of the foHowing shall be induded in the
fturance cxwerage or added as an endorsement tro the policy:
all City and Its,officers,employees,agen,ts,and volunteers sWI be covered
as adftonai linsuurede wAh respect to each of tune foflovAng�fiabilRy arising
out of actlV�Ues performed by or on Ibehalf of QXISLAarlt,Induftg the
insured's gonerW supervWon of Consultant; Iproddn ;ts and cornpIeled
operations of ConsuftanC', prenises owned,occupied,or used by
Consuftarit;and automobks cwned,leased,or used by the Consultant.
rhe coverage shall contain no sped W fimitatkiris on the soope of
protection afforded to City or its officers,ernployeess,agents,or
volunteers.
b, "The insurance shall cover on an occurrence or an accident basis,and riot
on a cW ms-made b asis.
G, An endorsernent Friust,state that coverage is primary Insurance w M�
respect to the City and its officers,officials,empk)yees and volunteers,
and that,rw insurarv.9 or self-insurance maintained Iby ff*City shaH be
catled upon to contribute to a loss under the coverage,
d. Any faflurs of CONSULTAN"r to cornoy with rqwirting provisions of the
poky shall not affect coverage proAded to UTY and It-.officers,
ernpIoyees,agents,and voIunteers.
e,, An endorsement shall state triat coverage sto not be canWed except
after thirty(30)days'prior written notice by certffied mail,retuirn rem�Ipt,
mquested,has been given to the City. Consuitant shW naffy City within
14 days of nofificaption frorn Corn ultsnt's insurer if such coverage is
susi.iended, voided or reduced In coverage or II n limfts,
43 Professional Llabli ,ost and expense,small
Consuftant,at Its own r
maintain for the period covered by this Agreement professionai Habifty, insurance for
kensed professionals pefform ng work pursuan't to this Agreement in an amount not INS
than ONE MILLION [0 Ji AIRS($1,000,000)mvefing the licensed professionats'errors.
aind amissions.
4.3.1 ,Any deductible or self-insured retention shall not exceed$15D,000 per claim.
4,12 An endorsement sll,iiaH state that coverage shall riot.Ibe suspendied,voided,
canceled Iby either party,reduced i n coverage or ki limits, except after 0-flity(30)
days'prior written notice hly mail has been given to the City,
Z - ......... ..........
iiti n g S e r v Services
A g r eernent between May 5,2015
CRy of Dublin and Fehr&Peers Page 5 of 14
4.33 The pry ty must cx)iritarn a cross IliabR rty or,severaNky of h'lterep st clause,,
4.3.4 The 9° 911 pirovWonsshaH aprAy ff the professVonM Habifily cmerages are
YOten oin a claims-rinade fornt
a. 'The Ir etroaclive date of the policy irnusl Ike shown and innust be I)efoires the
date of Hie Agreement,
b, fnsuraince rnust I'm maintained and evidence of pmsurarice must tx�
provided for at Ileast five years after coirnpWion of the Agreement or the
work,so Wg as oomrner6afly avaHable at Ir easoinaper mtes.
C. If coverage ps mriceW or not renewed and it is not reppaced A"i moti'm
ckarms-win poky foinm vdtl,ii a retroactive date tN.il lynce des the date of
INs Agirf rye nt,Consultarit, must prey We extended reporfiirrg c,:*vcxage for
a mrrfirnurn of five yoars after ooirnppoflbn of the Agrearnent or the wok
"The City shafl hav,e the rn ght lo exercise, at the Consuftarut's sole cx)st aind
expensp,any extendied mpoirlIng pirovWons of the policy,if the Consuftaint
mnceh;li f,:)r does not renew Oie covefage.
d. A copy of,the cWrn i-eportilng reqOreinents must be wbmAted to the Olty
prpor to the cornmenu men t of arry woirk under this Agreetnnt.
---------------------- --------------------------------- ---------
insulting SerVices Agreerneirl between May 5,20,15
City of DuUO and IFohir&Peers Page 6 of 14
44 All 11201 Lcles_Requtrernents.
I.............................
4,41 Nnsuii'ance requllred by tNs section is to be placed
YAth insurers With a Bestsrafing of�no Ws than ANU.,
4.41 Verification of c wera e, Prior to begnning any wod(under tfis Agreement,
(,;onsuhant 00 Nmish City with certkates of insurance aind wRh original
endorsements effectng rwerage required herelin. The ca.rtifir.ates and
endorsements 16r each u nsurance pfAcy are to he slgned lby a person authorized
by that insurer to Nnd coveyage on fits behallf 'rhe C4 reserves the iru ght to
requke cornipIete,certified col[Aes of M requ1ired Insurance policNes,at any firma.
4,43 Subcontractors. Consuitant shak ivOude Wl subcontractor's as insureds under
its polickas or shaWfurnish separate ceftcates and ondorsernw,ft for each
subcontracton ANN coverages for subcontractors shaH be subjeiil to aH of the
req&ements stated hard n„
4A.4 Variation. 1"he City may alp1prove a vadatlion in the foregoing insiurwice
reqwrernenLs,upon a determli nation that the coverages,scopo,hirinfts,and forms
of sii,jch insurance are dther not conirnardally IavaH aWe,or that the Chy's Interests,
are othemAse kdly protected.
4.4.5 113educUbles and Self-Insured Retarmttto�rna® Const.fltant shafl disdose to and
.........................
ohbin the apprwM of City for the self-insured rotenfions and ded ono es before
beglln6ng any of the services or work.(;,ailled for by any term of Ws Agreernent,
During the pe4od c(,-)vered by this Agreement,onlly upon the pidor express written
autho6zaton of Contract Administrator,Comliullitant may increase such deductilbWs
or self4risured retentions with inspect to City,its officers,ernpPoyees, agents,and
voliunteers. 1"he Contract Admilnistrator may candifion approvM of an increase in
4educdble or self4nsured iretentiorn le'Ms wh a irar,tnureunnarut that Constiltant
procure a horW,guaranteeling payrnent,of Mosses and Wated inivestigatoms,ciakn
administration,and defense expenses that us satisfactory Nn afl resperls to each of
thorn.
4AA Nofice of RedgypitJon In goverage. In the event that eriy coverage reqUired
Fy it h�-s—s-IP"%o n is redumd,firnilted, or rnatedahy affected in any other manner,
Consuitant shafl provide w6fien noke to City at Consuiltant's eairHest POW*
oppMunRy arid in no case lateir than five days after Consulltant is rwded of the
change In coverage.
4,5 Remedies. In addifion to any other rerne6es Uty may have if Consultant faHs to provide
.............................................
or maintain any hrisurance pdilCies or poficy enclonsernenLe to the extent and ONn the time
Wein requiired,City may,at its We option exercise any alf hefoHowing rerne&s,which
.. ...............................................
nsWfing,Servicies Agreernent between May 5, 2015
City of Dulbfln and IFiehr&Peers Page 7 of 14
are alternatives to of reirneldies City may have and are not the exclusive remedy for
Consultant's breach
lilt Obtain such insurance and deducl,aW retain the arinount of the pirerwriurns for such
insuirancie frain ainy sums due under the Agreement;
Order Consultant to stop work under,this Agreement or withheld any p.)ayrrienf.that
l.)ecornes due to Clonsultarit hereundeir,or both stop wo*and wlthboW any payinerut,
unUl Consultant dernionstrater,wimpfiainice Mth the reciulroments hereof, andloir.
'terminate this Agreement.
Section 5 INDEMNIFICATION AND CONsui Turs RJESPONSISII ITIES. Consultant shall
. ........ ...................................... ..........................................-.1-...........--.1............................ ............
h"idernnify,defend with counsel reasorwNy w>-,,qptaW1e by the City,aii--O hold harmless the City arid its
officials,officers, ernployeesI,agents,aind Munteers froirin and against any and all losses,liablifty,ii
suits,actions,daii-nages,and causes of acUon adishig ot.d of any personal injury, bodily injury,Iloss of Ve, or
darriage to piropei1y,or any violation of any federal,stale,or municipal law or ordinance,to Vie extent
caUsed,in Moie or R part,by the wIlful rnisic(miducl or negHgeint acts or nrnissions of Constflta,nt or its
eml::rioyees,subcontractors,or agents,Iby acts for whrdhthey coWd be hid stfictly liable. the foregofirrg
obligation of Consultant shall not apply when(1)the Rnjury,los;of life, darnagie to property,or vilollauil)n of
law arises Wholly from Iw negfigence or wHIM mlsa.)induct of tie City or its officeirs,employees,agents,
OT'V'Oluintwtnrs and(2)the actions of Consultant or its ernlooy mi- s,subcontmetor,or agents have contributed
hn no part to ti ma injury,loss of(life,darnage to propeq,or violation of law, tt is understood that the duty of
Consuftaint to lndemnify and hold harrnlless includes the duty to defend as set forth in Section�2778 of the
California OvO Code, Acceptance by City of insuirance certificates and endorsememts requked sunder tfls
Agreement does not relRe,ve Qx-isukant frorrs IIRaIbiRity i.fliderthis indeminificabon and hold harmless dause.
This inidemiriificafion and hold harr6ess clause shall apply to any damages oir churns for darnages whether
or not such insurance l°*llcies shall have been determiried to apply. By execution of this Agreement,
Consultan(ack.nowledges and agrees to the IpproA sions of this Section and that it is a rnateirW element of
iron si deration
in the event that ConsuRant or any employee,agent,or subcointractor of Coirisuftaint providiing Services
uinder this Agreement is detemiined by a court of competent jurisdiction or the Califomia Public Employees
Retirement System(PERS)to be ellglNe for enirollrnent in PERKS as an employee of City,Consultaint sh6ll
andernii*y,defend,anid hold harniless City for the payrnent of any eirnployee and/or ernployer cont6butions
'for IPE RS bEmefits Dn behalf of Consuitant or its ernployees,agents,or subcontractors,as well as for the
payrnerit of any penalties and interest on such iconhibutions,which woWd otheirwise be the reqcoirKRAlty of
c,iily.
Section 6. STATUSOF CONSUIL I'ARL
............................. ................................................................--
641 lindepM42111 qqR!Mqt1oir, At all Urnes during the torm of this Agreernent,Consultwrt shaH
....................... I......
be an independent contractor and shall not l>8 an employee of City. City shall 1-mve the
right to coiritrol Consultant ionly insofar as the results of Consultaint'sservices rendered
pursuant to this Agreeirnei airid ass nrnent of jpersonirm pursuant to Subparagraph 1.3;
................................................................... .................................................................................................................... .............. .....................-........................................................................................
onsulUng Servires Agreement het renuo May 5, 2015
City of i"Xibilin and Fehr&Fleeirs Page 8 of 14
however,otherydse C4 shall not have ffie right to C0111ftiftie means by which ConsuRant
accomplishes services rendered punwant to this Agreement. Nolwitkistanding array ofi 1w
City, state,or federal p6licy, rule,regWafion,law,or ordinance to ffie contrary,Consuitant
and any of its employees,agents, and subcontractors providing services under this
Agreement shall not qualify for or become erittled to,and hereby agree to waive any and
al cAairns to,any compensation,benefit,or any incident of ern�jlkyrneint by City,fticluding
but not limited to eHgibilftyto ienroil In the California Pubflic Ernploypes Refiremer-CSystern
(PERS)as an ernpioyee of City and entiternent to any contribution to be paid by My for
employer contributlons am for emplloyee contributilcmis for PERS benefits,
6.2 Consultant N rLt. Except as City may specify in wdfing,Consultant shM have no
authodty,express or irnIpHed,to aci on behalf of City in any capacity whatsoever as an
ageint,. Consultant shall have no authority,express or implied,r.mrsuaint,to this Agreernent
to bin City to any obligation whatsoever,
S. ecooll L, L,E,!�ALREQ�JlIkF,,M E N[.$
..........................
7A Goveiirnj The laws of the State of CaVoirnia shall govern this AgreernenL
............—....
'7.2 coin')flarlce W
LTvA ith Aim2l Ica We Laws. Covisultantaf,idainysub(.,,ontractors shall coT-nplywith
all laws appiicabie to the perfbrmaniw-.�of the wo*hereunder.
7.3 Other Governmental I"o the extent that this Agreement rnay be funded by
ftMMMkLRMAk9ML
Fsc—al'—asspstance from another gIDVerTIII'Ttentdl einfity,Consultant and any siubu.:)ntfaCtIDFj
shall COMPly Mth atl alnplicabl e rWes and regulations to which CRy is bound by the terms
of such fiscal assistance prograim.
7.4 Licenses and Permits. Consultant represents and warTants to Uty that Consultant and
ffts,employees,agents,and any subcontractors have aH licenses,peirifffifisi,quafifications,
and approvals of whatsoever nature ffiat are legally reqWred to practice theiir respective
professions. Consuitant represents and warrants to City Oat Corisultant and its
em&yees,agents,any subcontractors shaH,at their"We cost and expeirlse,keep in
effect at all times dudng ft'mterm of this Agreernent any licenses, permits,and approvals
that are Dally required to praclice their res�jl*ctive professions, in addRion to the
foregoing,Consuitant and any subcontractors shall obtain and IrnnaNaln during the tGqM
of this Agreement valli IBuuslness Lioenses from City.
7.5 Naiiadiscrimination and FcualC 0 r nr wl--111--a onsuftaint shalN not discftinate,On ft
basis of a person's race,Irelligion,color, inational origin,age,physical or menW hankap
or disabRy,rnedicW condition,marital status,sex,or sexual orientation,against any
eirnppoyee,applicant for amployinient,subcontractor,bidder for a sUbcontract,or participant
in,recipient of,or alai Acant for any services or programs pmvided by Consultant under this
Agreerinent Consuftant shdli comoywfth all app flcable federal,state,and local laws,
policies,rWes,and requirements related to equal opportunity and riondiscriirninaton in
ernpioymenI, contracting,airnd the provision of any services that arett-te subject of this
Consulting Services AgreeiTmnt between IMay 5,20,15
City of Dubhn and Fehr&Peers Page 9 of 14
Agreernent,hilduding but niot Ornrtied to the satisfaction of any p*sitive olAgatiorls reqOrpld
of Consuftant therelby.
Consultant shM inch.ide the provisions of U*Subsuaction in any subcontract approved by
the Contract Administrntor or tKis Agreefrient,
Set po n TI: RIMNATION AND MOiNFICATION,
......................................-l..--..-..---......--1.....................................................................
8.1 Termination, City rnay cancel Uils Aqreernent at any firne and Othout�..,,ause op wriften
..............
notifiratioin to Consultant,
Coinsuftant may lcanW ails Agreerrient upon ihiirbi(30)days'writtein notice to City and
shaH include in such notice the reasorm for cancellation.
in Uie event of termination,Consuftant shO be entjUed to compensation for services
1:*rforrned to the effective date of termhiation,City,however, may coir,Wftion payrnent of
such compensation upon Cons�.iltant delivering 1,c)City any gar MR documents,photograpt-m,
computer software,video and audio tapes,and other rnatedWs provided to Consuftant or
prepared lby W-fOr'ClDnWtant or the City in connection Wth this Agrearmamt.
81 Extenslorl. City may, in its We and exdusive Oscretilon,extend the end date of this
....................r
Agreement beyond Oiat provided for in Subsection I�1. Any such extension shail require
a wriften amendment to this Agreement,as provided for Ilm irefia, Consultant understands
and agireps brat,if City grants such an extension,City shiaH have no obligation to provide
Cor isultant with cornpensafion beyorid the rnaximuin amount provided for iI n this
Aqreement. Sintilady,unless authorized by the Contract Administrator,City shal have
no obfigation to r6mblurse Consultant for any off-iier-wise rehnbursabla expenses incLured
during the extension period,
83 Amendments. The parties runny arneind thGs Agireement oMy Iby a wriflirq signed by Al the
jpairties.
8A City and Consuftant recognllze and agree that this
Agreement cointernpWies personal peffornrairnce by GonsuRant and is based upon a
determinafion of Consultant's u*ue personal COMpetence,expedionce,and speciaHzPd
personal knoWedge, Moreover,a substantiM inducement to City for einterinq into this
Agreement was and is the pirofessponai reputafionand cm npetenoo of Coinsuitant,
Consuftant may riot assign tines Agireernent or any hitw"est therain Whout the prior,w6tten
approval of the Contract Adrninpstrator, Consuhant shall flOt SlUbcontract airty portion of
the performance lcoiriternpWed and proOded for herein,oflier thmi to the subrmntractors
noted in the piropo4,without prior w6fien approval of tune Contract Administrator.
8,5 Survival. Apt obfigations arising prior to the termination of thisAl reeirnent and dli
.......................................... 9
provisions of this Agreement a0ocafiaq flaUllity i.,.)etween City and Consuftant shaH survive
theter6naflon of finis Agreement.
uuih
....................
,Oni -iq 'ervices Agreerneirtt between May 5,2015
...............$....................................
City of[)iublin and Fehr&Peeirs Page 10 of 14
8.6 Qpgos u on Breach lby
_Q njultant, If Consultant rnatedaIiy breaches any of P)e terms
of this Agreement, ify's remedies shall kiclluded,but not lime fln-fiteflo,the fWoWn9,,
8.6.1 limirriedlaWytermInate the Agreement;
&6.2 Retain the plans,specificabons,drawings,repods,desigru documents,and any
other work product prepared by Consuitant pursuant to this Agireernenta
8.63 Retain a different consultant to complete time work described in E..x..hi!..b.J.t A not
finished by Consultant;of,
&6.4 Charge Consultant the difference between the reasonable cost to complete the
work described in Exhibit A that is urifHshed at Me hirne of breach and the arnount
that City wouId have paid Consuftaint pursuant to Section 2 K Consuftant had
cornplIeteld the work,
SelcHon 9. KEEPING AND STATUS OF R1Fr-()1"'--v.
9.1 Recoirds Createld as Part,of Consultant's Pefform arm en Al reports,data,maps,
irnodels,charts,slu6es,suirveys,Iphotu raphs,memoranda,plans,studies,specifications,
records,files,or any other docurnents ux materials, In electronic or any other form,that
Consuftant prepares or obtalins pursuant to this Agreenvnt and that relate to the matters
covered hereunder shaii be the property of the City. Consuftant hereby agrees to deliver
those documents to the City upon termInation of the Agreement, It is understood and
w3reed that the documents and other fnatefiaIs,including Ibut not limited to Mose described
above,prepared pursuant to this Agreement are prepared sperficalily for the City and are
not inecessairilly Whablefor any future or other use, City and Consuitant agree that,until
final approval by City, 0 data,pians,spe(Afications,reports and other documents are
confidential and wN not be released to third parties without prior wdften consent of tx"Ah
partes.
92 Consultant's Books and Records. Consuftant shall maintain any and afl ledgers,
li—.��.............................................................1 11---
.4 accoura,Invoices,vou&iers,cainceW checks,and other records or docurnents
evidending or relating to charges for services or expenditures and disbursements charged
to the City under this Agreeirnent fora rni6irnurn of three(3)years,or for any I konger period
required by law,from the date of final payrrient to the Consultant to this Agreement,
9.3 Any, records or documents that Sedion 9.2 of 9-ds
'
Agreement requires Consulltant to maintain shd1l be made avaIWble for inspection,audk,
andlorcopying at any kme during regLiWir business hours,upon oral or wdften request of
the City. Under California Govemment Code Secticm 85467,If the amount of pubhc funds
expendmi Linder tHs Aqreernent exceeds rEN Ti-10U SAN DOU ARS($10,000,00),
the Agreernent shall be subject,to 0,ie examination and audit of the State Auditor,at the
request of C4 or as part of any audit of the City,for a Ipedod of three(3)years after final
payment under the Agreement
�onsui�h)'g Services Agreement between May 5,20,15
,City of DUblin and Fehr&Peers Page 11 oH 4
Sertion 10 MISCEIIJI AMEOUS PROVISIONS,
...........................................-.-.................. ......-
'10.1 Aft ine '...Fee ff a party to MisAgreernent brings any action,lnduding an action for
I i Y ..............
declaratory reHef,to enforce or iirfterpret the provision of this Aqreement,the prevaMng
party shatl be enfi ft-I to reasoinable att'Drneys'fees in addifion to any otherrefief to which
that party imay be entittled, The court may set such fees in the same action or in a
separate action brouglht for fliat purpose.
10,.I 2 Venue. II n the event that either party brings any actiori against the offier under this
Wi reerr nt,the Parties agree float Wall of such action shafl be vested exdlusiv6ly in the
state courts of Caffbimia in the County of Alameda or in#*Urilted States Disbict Court
for flie Northern Mstdct of C allfornia.
103 Sev b 1, ,, if a court Of COMpetent judsdiction finds or napes that any proAsion of this
M MY
g"ieement is inva0d,void,or uinenfixceable,the rxrovlsions of this Agreement not so
adjudged shalt rernain 0-i full foree and effect, The invalidity in whole or ln part of any
provision of this Agireeimerut shall not void or affixI.1 the vandity of any other provision of
this Agreernemt,
10.4 No lMp.1124..YKq!LI SL�.Bireach. "me waiver of any birear;h of a specific prWsion of this
.Affreeu°neni:does root co-inse-ti t u t e a waiver of any other t:rreach of that terai oir,any Wier term
of this Agreement.
10.5 Successors and ASM n "iv.provisions of Ws Agreement shall inure to the beniefit of
.........................I..............—.1.1 A....."M
and shaR app y to and bind the suorAssiors ar-rd assigins of the parries,,
%6 Use q.f Rec cled Products,. Consultant shall prepare and subirnit aH repoils,wdfien
.......................x.........................................
studies arld other plinted material on recycled paper to tfie extent it is available of e,quap
or less cost than° r-gin paper.
103 Conflict of��n'terest, Consultant may serve other cAlentsI,but none whose activities
17......................................................................................-
WIthilln the C,011 JXXI'ale fiff-Ifts of City or whose business,re�gardless of lorition,would piace
Consultant in a'conflict of intairest,"as that term is defined ln the PdlilicM Reforrn Act,
ccdfi ed at CaHforrnia Government Code Section 81000 of use q,
Consultant shall not employ any City official in the work performed puirsuant to this
Agreement. No officer or eirnployee of City shatl tmve any financial interest in this
Agreernent ffiat woOd violate CaRfornia Government Code Sections 1090 at seq.
Consultant hiereby warrants%at it is not now,nor has it Ibeero in the preAous twelve(1 2)
rnorMs,an eMPI0YeC-'II,agent,appokitee,or official of the City, if Consultant was an
employee,agent,appointele,or,offi cial of the City in Pie prewious twelve onnon9is0
Coinsuftant warrarlts that it did not participate in any rriaruiv in the forming of t?ds
Agreernent, (,onsultant understands 0-0,if this Agreement is made in Violation of
Government Code§1090 91,seq.,the entire Agreement is void and Consultant WH riot be
Zo F i s-�"]`R-i a--e-n,....................................................................................................................................................................... 5
City of Dublin and Fehr& Peers Page 12 of 14
enWDd to any compensation for smMces performed pursuant to this Agreement,inc9uding
reimbursement of expenses,and Consultant YAII be requured to reirriburse the City for any
sums paid to the Consuftarit. Consultant understands that,in addition to the foregoiing, it
may be subject to crimlnM prosecution for a violation of Gioverniment Code§1090 and, if
applicable,wfli be disqualified ftom holding public office,in the State of CaNfoinnia.
10,8 Solicitation, Consultant agrees not to solicit business at any meeting,focus grmllp,
or Werview related to this Agreement,either orally or through anyoffittein rnateftls.
'10,9 Contract Administration. This Agmernent shall be admliiriisteired by the PubHic Works
irectcr("Contract Administratoir). AV cxrrespondernce shall)be directed to or through the
Contract Administrator or his designee.
IOAO Notices. Any written notice to CdonsuitairdshaH be sent to: For&Pears
Rob Rees,Prhcipal
100 PringW Avenue,#600
ftnul Creek GA 94596
Any wirRtein notice to City shafl be sent to: Gary tIuWriigh,Pubfic WOFIM Dreclor
C'q Of Du bfin Pulbhc W(,A(s
100 CMc Raza
DuNin CA s4568
10,11 Firofessloinal Seal. Where appflGaUe in the determination of ttle contracl administrator,
the first page of a techiNcal report,first page of design specificatlix-m,and each page of
construction drawings shall be stairnpedisea4d and sugned by Ow Hew ised professional
responsible for the reporYdesign preparation. The staMplseal shall be in a block enWed
"Seal and Signature of Registered Plrofession6l with report/design responsUfity,"as pn the
following exarnple.
Se6l and Sugnahge of Registered Professional vdth
reporUdesign responsitAity.
10,A?, IntagrAft n, 'rhis Agreement,induding the scope of work attached hereto arid
...................
unioorl)Drated herein as ExNbit A,and lincpiudun g the compensation schedOe attached
hereto and incorporatejl—ierat—nas Exhibit B,represents the entire and integrated
agreernent between City and Consultant and superseldes alit prior negotiations,
representafions, orag ree rnerits,either wditen w ont
,,r
linsufth"p Services Agreement between May 5, 2015
C4 of E)ubfin and Fehir&Peers are 13 of 1 4
OTY OIL U 1...N FEHR&I PEERS
�, 00Wn� �i of ,ni
Christopher Manager 1 ...... . ._�.... _....
�" �,r� Foss,CO,�� � � Ili Rees,Principal
Attest;
aro-liuna S o-t—o',-C-iky"...-i'erl. . .... . ...,_�...
la
Approved as to Fonn:
John Bakker,City Atto a
C?,XAP h naft Maze 1Road INke eM Pods ehr&Pears vg rm engg we lnq wArAs,doc
ns ttin ices Agreement bet e May 5,�2015
City of Dublin and Fehr&Peers Page 14 of 14