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HomeMy WebLinkAbout2009/11/03 Item 5 CITY COUNCIL AGENDA STATEMENT 'l!;,L",,:i ,,;; ~,. ~ \ 'f:. CITY OF ~CHULA VISTA ",,' I;. 11/03/09, Item~ SUBMITTED BY: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA A WARDING A CONTRACT FOR THE DEVELOPMENT OF A BIKEWAY MASTER PLAN U~ATE TO KTU+A IN AN AMOUNT NOT TO EXCEED $149,~~ DIRECTOR OF PUBLIC WORKS f:JY' ~ ASSISTANT DIRECTOR OF ENGINE~ CITY MANAGE~ ASSISTANT CIT~'arANAGER sr 4/5THS VOTE: YES D NO [gJ ITEM TITLE: REVIEWED BY: SUMMARY In order to receive State funding for bicycle improvements, the City needs to have a Bikeway Master Plan approved within the past five years. Council approved the City's last Bikeway Master Plan on January 19, 2005. Bascd on the results of an interview process and evaluation criteria, it is recommended that a contract be awarded to KTU+A for development of a Bikeway Master Plan Update. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 6 categorical exemption pursuant to Section 15306 (Information CoIlection) of the State CEQA Guidelines because the proposal seeks to develop and prepare a Bikeway Master Plan Update leading to an action or actions that the City of Chub Vista has not yet approved, adopted, or funded. Thus, no further environmental review is necessary. RECOMMENDATION Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable. 5-1 11/03/09, Item b Page 2 of 4 DISCUSSION The objective of the Bikeway Master Plan is to guide the way the City plans and implements bikeway improvements considering the City's focus on commuter users, and to review and make recommendations on how the current City bikcway network can be updated to best suit the needs of the City now and in the future. The Plan will identify and analyze existing bikeway conditions, existing and potential bikeway routes, and potential bikeway infrastructure improvement projects in order to improve the environment for bicyclists and provide and improve connections along bikeway routes. In order to use the region's transportation funding most effectively, the San Diego Association of Governments (SANDAG) requires that each local agency in the region have a Bikeway Master Plan in order to compete for and receive funding for bikeway projects. State law also requires that local agencies prepare and adopt a Bicycle Transportation Plan that complies with Streets and Highway Code Section 891.2 in order to be eligible for Bicycle Transportation Account (BTA) funding for bikeway improvements. BTA program guidelines require that the Plan be approved within the past five years. Agencies may apply for funding to develop or update their Bikeway Master Plans through SANDAG's annual TDAlTransNet Claim cycle for pedestrian and bicycle project funding. Since there was no available funding for Fiscal Year 2008-09, staff applied for Fiscal Year 2009- 10 funding, as authorized by Council on April 28, 2009 by Resolution 2009-096 (Attachment I). On June 26, 2009 the SANDAG Board of Directors awarded the City a $150,000 Transportation Development Act (TDA) grant for the development of a Citywide Bikeway Master Plan Update. A Request for Proposals (RFP) to develop a Bikeway Master Plan Update was circulated with the following given as major tasks: . Develop a community outreach program and a system for public input. Evaluate existing bikeway facilities. . Evaluate existing 2005 Bikeway Master Plan projects for status, and recommend if incomplete projects should be deleted or updated. . Recommend frequency and location for bicycle counts. . Estimate the number of existing bicycle commuters in the plan area and the estimated increase in the number of bicycle commuters resulting from implementation of the Plan. . Prepare maps and descriptions of existing and proposed bikeways and bicycle transport and parking facilities for connections with other transportation modes. . Coordinate the Bikeway Master Plan with other local and regional transportation, air quality, and energy conservation plans, including programs that provide incentives for bicycle commuting. . Provide a description of the projects proposed in the plan and a listing of their priorities for implementation. Provide a description of past expenditures for bicycle facilities and future financial needs for projects that improve safety and convenience for bicycle commuters in the plan area. . Provide a Project Sheet for High Priority Projects, including an itemized cost estimate. 5-2 11/03/09, Item~ Page 3 of 4 Describe potential funding sources for the prioritized list of projects, with separate funding identified for each phase. Finalizing the Bikeway Master Plan Update for presentation to City leadcrs and the public. The consultant selection process was conducted in accordance with Section 2.56.110 of the Chula Vista Municipal Code. City staff received proposals from four firms. Since all four firms met the qualiiications stated in the RFP, they were all invited to the interview process. The interviews were.held on August 21,2009. The results of the interview process are as follows: Firm Final Cost I'roposal Rank KTU+A, San Diego, California I $149,685 Alta Planning + Design, San Diego, California 2 $148,145 Rick Engineering Company, San Diego, California 3 $167,310 Darnell & Associates, San Diego, California 4 $149,850 The interview panel concluded that KTU+A should be ranked as the number one firm. Since three of the four iirms (including KTU+A) had cost proposals between $148,000 and $150,000, cost was not a deciding factor. KTU+A has extensive local experience in the preparation of bicycle and pedestrian master plans, including their key staff members proposed for this contract. Since two of the key staff members are certified bicycling instructors, they also have extensive personal experience as bicyclists. Their presentation and responses demonstrated that they have a good understanding of bikeway issues in Chula Vista. City staff had a favorable experience with KTU+A during the completion of the previous Bikeway Master Plan, which has assisted the City in obtaining funding for several bikeway projects. Their traffic subcontractor, Fehr and Peers, also has extensive statewide traffic engineering experience related to bicycle and pedestrian planning. During negotiations, staff discussed the proposed list of tasks to be performed as a part of the contract, as well as the proposed cost estimate. The Consultant agreed to include the collection of bicycle counts at 12 locations, which was not included in their original proposal, without an increase in cost. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations section 18704.2(a)(l) is not applicable to this decision. CURRENT FISCAL IJ\;1l' ACT Award of this contract will not impact the General Fund. Funding for this project has been approved as part of the Fiscal Year 2009-10 Capital Improvement Program under STL-351. This includes $150,000 in a TDA grant and $50,000 in Transnet funds. 5-3 11/03/09, Item~ Page 4 of 4 ONGOING FISCAL IMPACT Award of this contract will not have any direct ongoing fiscal impact. Since completion of this plan will improve the City's chances of obtaining grant funding for bicycle facilities, the plan is expected to have an indirect positive future fiscal impact. A TT ACHlYIENTS 1. Resolutton 2009-096 2. Agreement with KTU+A Prepared bY' Elizabeth Chopp. Senior Civil Engineer. Public Works- Engineering J IEngineel'IAGENDAICAS20091J J-03-09IA 113 Bikeway Mastel' Plan.doc 5-4 A IT ACHMENT I RESOLUTION NO. 2009-096 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SUBMITTAL OF A GRANT APPLICATION AND CERTIFYING MATCHING FUNDS FOR THE I STREET SIDEWALK IMPROVEMENTS At"lD APPROVING THE SUBMITTAL OF A GR.A.NT APPLICATION FOR THE BIKEWAY MASTER PLAN UPDATE TO THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR FISCAL YEAR 2009/2010 TRANSPORTATION DEVELOPtvlENT ACT At"lD TRANSNET FUNDING FOR BICYCLE AND PEDESTRlA.N PROJECTS WHEREAS, the State Transportation Development Act (TDA) and TransNet programs generally provide funding for bicycle and pedestrian facilities through a competitive grant process on an annual basis. The San Diego Association of Governments (SM'DAG) issued a call for projects on April 8, 2009 for funding during fiscal year 2009/20 I 0; and WHEREAS, funds are provided on a non-competitive basis for the preparation of a Bikeway Master Plan cvery five years. An updated plan is required to obtain certain regional and State funding for bicycle facilities. Since the City's current Bikeway Master Plan was completed in January 2005, the City is eligible to apply for funding of $150,000 to update this plan; and WHEREAS, the 1 Street Sidewalk Improvement project will complete the missing pedestrian improvements on the north side of I Street between Hilltop Drive and First Avenue, which is within 'I ,-mile of Hilltop Drive Elementary School. This project is estimated to cost $232,440 with a requested grant amount of$1 ]6,220; and WHEREAS, there is sufficient TransNet funding in sidewalk installation CIP projects ST1336 and ST1347 to provide the $116,220 in matching funds for the I Street Sidewalk Improvements project; and \VHEREAS, since the current action seeks only to approve the submittal of a grant application, this action is not subject to CEQA pursuant to Section 15060(c)(3) of the State CEQA guidelines. Should grant funding be procured, additional environmental review will subsequently be conducted and the appropriate environmental determination will be made. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the submittal of a grant application and certifies matching funds for the ] Street Sidewalk Improvements and approves the submittal of a grant application for the Bikeway Master Plan Update to the San Diego Association of Governments for fiscal year 2009/2010 Transportation Development Act and TransNet funding for Bicycle and Pedestriall projects. 5-5 Resolution No. 2009-096 Page 2 Presented by Approved as to form by ~/?c-~ Richard A Ho s Director of Public Works PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California., this 28th day of April 2009 by the following vote: AYES: Councilmembers: Bensoussan, Castaneda., McCann, Ramirez, and Mayor Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None r' 1 Ii. {!~ ./ h... \... Cheryl Cox, MaJr . ATTEST: j~ ;; //(4Aw Donna R. Norri:!, Civfc, City Clerk 8T ATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) J, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2009-096 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 28th day of April 2009. Executed this 28th day of April 2009. ;(L ~ JI;;f,J,~ Donna R. Norris, MC, City Clerk 5-6 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY nIE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUN IL L ati C. Miesfeld City Attorney Dated: 10/Zr/m I J AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND KTU+A FOR DEVELOPING A BIKEWAY MASTER PLAN UPDATE 5-7 Parties and Recital Pagels) Agreement between City ofChula Vista and KTU+A for Developing a Bikeway Master Plan Update This agreement ("Agreement"), dated (date of Council approval) for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph I, is between the City-related entity as is indicated on Exhibit A, Paragraph 2, as such ("City"), whose business fonn is set forth on Exhibit A, Paragraph 3, and the entity indicated on the attached Exhibit A, Paragraph 4, as Consultant, whose business form is set forth on Exhibit A, Paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, Paragraph 6 ("Consultant"), and is made with reference to the following facts: Recitals WHEREAS, bicycle use for both recreation and commuting purposes has increased significantly in Chula Vista and surrounding regions; and WHEREAS, the 1975 "Original Bike Route Element of the General Plan" has been updated several times, most recently in 2005; and WHEREAS, the City requires that a consulting finn develop a Bikeway Master Plan Update (Plan). The purpose of the Plan is to guide the way the City plans and implements bikeway improvements; and, 'vVHEREAS, the Consultant selection process has been conduCted in accordance with Section 2.56.110 of the Chula Vista Municipal Code. The selection panel has determined that Consultant is the finn best qualified to undertake the services described in the Agreement; and, WHEREAS, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement; (End of Recitals. Next Page starts Obligatory Provisions.) Page 1 5-8 NOW, THEREFORE, BE IT RESOL VED that the City and Consultant do hereby mutually agree as follows: All of the Recitals above are hereby incorporated into this Agreement. ARTICLE I. CONSULTANT'S OBLIGATIONS A. General 1. General Duties. Consultant shall perform all of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties". 2. Scope of Work and Schedule. In the process of performing and delivering said "General Duties", Consultant shall also perform all of the services described in Exhibit A, Paragraph 8, entitled "Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this Agreement. The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by the times indicated does not, except at the option of the City, terminate this Agreement. l. Reductions In Scope oj Work. City may independently, or upon request from Consultant, from time to time, reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. ll. Additional Services. In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the Defined Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 10(C), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. 3. Standard of Care. The Consultant expressly warrants that the work to be performed pursuant to this Agreement, whether Defined Services or Additional Services, shall be' performed in accordance with the standard of care ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. l. No {Folver o/Standard ojCare. Where approval by City is required, it is understood to be conceptual approval only and does not relieve the Consultant of responsibility for complying with all laws; codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Consultant or its subcontractors. Page 2 5-9 B. Application of Laws. Should a federal or state law pre-empt a local law, or regulation, the Consultant must comply with the federal or state Imv and implementing regulations. No provision of the Agreement requires the Consultant to observe or enforce compliance with any provision, pertonn any other act, or do any other thing in contravention of federal, state, territorial, or local law, regulation, or ordinance. If compliance with any provision of the Agreement violates or would require the Consultant to violate any law, the Consultant agrees to notify City immediately in writing. Should this occur, the City and the Consultant agree that they will make appropriate arrangements to proceed with or, if necessary, terminate the Project, or portions thereof, expeditiously. I. Subcontractors. Consultant agrees to take appropriate measures necessary to ensure that all Project participants, such as subcontractors, comply with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local, affecting Projeet implementation. In addition, if a subeontractor is expeeted to fulfill any responsibilities of the Consultant under this Agreement, the Consultant shall assure that the subeontraetor earries out the Consultant's responsibilities as set forth in this Agreement. C. Insurance 1. General. Consultant must procure and maintain, during the period of performance of this Agreement" and for twelve (12) months aticr completion, pol icies of insurance from insurance companies to protect against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work under the Agreement and the results of that work by the Consultant, his agents, representatives, employees or subcontractors and provide documentation of same prior to commencement of work. 2. Minimum Scope of Insurance. Coverage must be at least as broad as: I. eGL Insurance Services Office Commercial General Liability coverage (occurrence Form CGOOOl). II AlIto. Insurance Services Office Form Number CA 000 I covering Automobile Liability, Code 1 (any auto). Ill. We. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. IV. E&O. Professional Liability or Errors & Omissions Liability insurance appropriate to the Consultant's profession. Architects' and Engineers' coverage is to be endorsed to include contractual liability. 3. Minimum Limits of Insurance. Contractor must maintain limits no less than those included in the table below: Page 3 5-10 i. General Liability: $1,000,000 per occurrence for bodily injury, personal injury, (Including (including death), and property damage. If Commercial General operations, Liability insurance with a general aggregate limit is used, either products and the general aggregate limit must apply separately to this completed project/location or the general aggregate limit must be twice the operations, as required occurrence limit. annlicable) ii. Automobile $1,000,000 per accident for bodily injury, including death, and Liability: property damage. iii. Workers' Statutory Compensation $1,000,000 each accident Employer's $1,000,000 disease-policy limit Liability: $1,000,000 disease-each emolovee iv. Professional $1,000,000 each occurrence Liability or Errors & Omissions Liability: 4. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer will reduce or eliminate such deductibles or self-insured retentions as they pertain to the City, its officers, officials, employees and volunteers; or the Consultant will provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. 5. Other Insurance Provisions. The general liability, automobile liability, and where appropriate, the worker's compensation policies are to contain, or be endorsed to contain, the following provisions: I. Additional Insureds. City of Chula Vista, its officers, officials, employees, agents, and volunteers are to be named as additional insureds with respect all policies of insurance, including those with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Consultant, where applicable, and, with respect to liability arising out of work or operations performed by.or on behalf of the Consultant, including providing materials, parts or equipment furnished in connection with such work or operations. The general liability additional insured coverage must be provided in the form of an endorsement to the contractor's insurance using ISO CG 2010 (11/85) or its equivalent. Specifically, the endorsement must not exclude Products/Completed Operations coverage. II. Primary Insurance. The Consultant's General. Liability insurance coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide Insurance. Page 4 5-11 Ill. Callcellarioll. The insurance policies required must be endorsed to state that coverage will not be canceled by either party, except after thirty (30) days' prior written notice to the City by certitied mail, return receipt requested. The words "will endeavor" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives" shall be delcted from all certificates. IV. Active Negligellce. Coverage shall not extend to any indemnity coverage for the active negligcnce of the additional insureds in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. v. /f/aivero/Subrogatioll. Consultant's insurer will provide a Waiver of Subrogation in favor of the City for each required policy providing coverage for the term required by this Agreement. 6. Claims Forms. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are written on a claims-made form: I. Retro Date. The "Retro Date" must be shown, and must be before the date of the contract or the beginning of the contract work. II. JllOli7tellallce alld EVldellce. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract work. Ill. Callcdlatioll. If coverage is canceled or non-renewed, and not replaced with anothcr claims-made policy fonn with a "Rctro Date" prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. IV. Copies. A copy of the claims reporting requirements must be submitted to the City for review. 7. Acceptabilitv of Insurers. Insurance is to be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best's rating of no less than A V. If insurance is placed with a surplus lines insurer, insurer must be listed on the State of Cali fomi a List of Eligible Surplus Lines Insurers ("LESLI") with a current A.M. Best's rating of no less than A X. Exception may be made for the State Compensation Fund when not specitically rated. Page 5 5-12 ----.: 8. Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements affecting coverage required by Section C. The endorsements should be on insurance industry forms, provided those endorsements or policies conform to the contract requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. 9. Subcontractors. Consultants must include all subconsultants as insureds under its policies or furnish separate certificates and endorsements for each sub consultant. All coverage for subconsultants is subject to all of the requirements included in these specifications. 10. Not a Limitation of Other Obligations. Insurance provisions under this Article shall not be construed to limit the Consultant's obligations under this Agreement, including Indemnity. D. Security for Performance I. Performance Bond. In the event that Exhibit A, at Paragraph 18, indicates the need for Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a performance bond in the form prescribed by the City and by such sureties which are authorized to transact such business in the State of California, listed as approved by the United States Department of Treasury Circular 570, http://www.fms.treas.gov/c570, and whose underwriting limitation is sufficient to issue bonds in the amount required by the agreement, and which also satisfy the requirements stated in Section 995.660 of the Code of Civil Procedure, except as provided otherwise by laws or regulations. All bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. Surety companies must be duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds for the limits so required. Form must be satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Performance Bond", in said Exhibit A, Paragraph 18. 2. Letter of Credit. In the event that Exhibit A, at Paragraph 18, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit", in said Exhibit A, Paragraph 18. 3. Other Security. In the event that Exhibit A, at Paragraph 18, indicates the need for Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the Page 6 5-13 subparagraph entitled "Other Security"), then Consultant shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. E. Business License. Consultant ah'Tees to obtain a business license from the City and to otherwise comply with Title 5 of the Chub Vista Municipal Code. ARTICLE II. CITY OBLIGATIONS A. Consultation and Cooperation. City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this Agreement. The City shall permit access to its office facilities, files and records by Consultant throughout the term of the agreement. In addition thereto, City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 9, and with the fi.lrther understanding that delay in the provision of these materials beyond thirty (30) days after authorization to proceed, shall c'onstitute a basis for the justifiable delay in the Consultant's performance of this agreement. B. Compensation. I. Following Receipt of Billing. Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 17, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 17, City shall compensate Consultant for all services rendered by Consultant according to the terms and conditions set forth in Exhibit A, Paragraph 10, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in Paragraph 18 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 11. 2. Supporting Information. Any. billing submitted by Consultant shall contain sufficient information as to the propriety of the billing, including properly executed payrolls, time records, invoices, contracts, or vouchers describing in detail the nature of the charges to the Project in order to permit the City to evaluate that the amount due and payable thereunder is proper, and such billing shall specifically contain the City's account number indicated on Exhibit A, Paragraph I7(C) to be charged upon making such payment. 3. Exclusions. In determining the amount of the compensation City will exclude any cost I) incurred prior to the effective date of this Agreement; 2) arising out of or related to the errors, omissions, negligence or acts of willful misconduct of the Consultant, its agents, employees, or subcontractors. l. Errors and Omissions. In the event that the City Administrator determines that the Consultants' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no sueh negligence, errors, omissions, Consultant shall reimburse City for any Page 7 5-14 additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 4. Pavment Not Final Approval. The Consultant understands and agrees that payment to the Consultant for any Project cost does not constitute a City final decision about whether that cost is allowable and eligible for payment under the Project and does not constitute a waiver of any violation of Consultant of the terms of the Agreement. The Consultant acknowledges that City will not make a final determination about the eligibility of any cost until the final payment has been made on the Project or the results of an audit of the Project requested by the City has been completed, whichever occurs latest. If City determines that the Consultant is not entitled to receive any portion of the compensation due or paid, City will notify the Consultant in writing, stating its reasons. The Consultant agrees that Project closeout will not alter the Consultant's responsibility to return any funds due City as a result of later refunds, corrections, or other similar transactions; nor will Project closeout alter the right of City to disallow costs and recover funds provided for the Project on the basis of a later audit or other review. 1. Consultant S Obligatioll to Pay. Upon notification to the Consultant that specific amounts are owed to City, whether for excess payments or disallowed costs, the Consultant agrees to remit to City promptly the amounts owed, including applicable interest. ARTICLE III. ETHICS A. Financial Interests of Consultant I. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 14, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph I 4 of Exhibit A, or if none are specified, then as determined by the City Attorney. 2. No Participation in Decision. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. 3. Search to Determine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. Page 8 5-15 4. Promise Not to Acquire ConOictinl! Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. 5. Dutv to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's that may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. 6. Specific Warranties Against Economic Interests. Consultant warrants, represents and agrees: I. That neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 14. II. That no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for twelve months thereafter. iii. That Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for twelve months after the expiration of this Agreement, except with the written permission of City. IV. That Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party that may be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of City. IV. LIQUlDA TED DAMAGES A. Application of Section. The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 13. I. Estimating Damal!es. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in performance. The parties have used their judgment to arrive at a reasonable . amount to compensate for delay. Page 9 5-16 2. Amount of Penaltv. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the Consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 13 ("Liquidated Damages Rate"). 3. Request for Extension of Time. If the performance of any act required of Consultant is directly prevented or delayed by reason of strikes, lockouts, labor disputes, unusual governmental delays, acts of God, fire, floods, epidemics, freight embargoes, or other causes beyond the reasonable control of the Consultant, as determined by the City, Consultant shall be excused from performing that act for the period of time equal to the period of time of the prevention or delay. In the event Consultant claims the existence of such a delay, the Consultant shall notify the City's Contract Administrator, or designee, in writing of that fact within ten (10) calendar days after the beginning of any such claimed delay. Extensions of time will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. ARTICLE V. fNDEMNIFICA nON A. Defense, Indemnity, and Hold Harmless. . I. General Requirement. Except for liability for Professional Services covered under Article V, Section (A)(2), Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct of Consultant, its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of the Defined Services or this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses (including without limitations, attomeys fees) arising from the sole negligence or sole willtill misconduct of the City, its officers, employees. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. 2. Professional Services. For those professionals who are required to be licensed by the state (e.g. architects, landscape architects, surveyors and engineers) ("Design Professionals"), Design Professionals shall defend, indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or relating to any negligence, errors or omissions, recklessness, or willful misconduct of Design Professional, its officials, officers, employees, agents, consultants, and contractors arising out of or in connection with the performance of the Page 10 5-17 Design Professional's Services. Also covered is liability arising from, connected with, caused by, or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, omcers, or employees which may be in combination with the active or passive negligent acts or omissions of the Design Professional, its employees, agents or officers, or any third party. The Design Professional's duty to indemnify, protect and hold harmless shall not include any claims or liabilities arising from the sole negligence or sole willful misconduct of the City, its agents, officers or employees. This section in no way alters, affects or modities the Design Professional's obligation and duties under this Agreement. 3. Costs of Defense and Award. Included in the obligations in Sections 1 and 2, above, is the Consultant's obligation to defend, at Consultant's own cost, expense and risk, any and all aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its directors, officials, officers, employees, agents and/or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expense and cost incurred by each of them in connection therewith. 4. Insurance Proceeds. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents, and/or volunteers. 5. Declarations. Consultant's obligations under Article V shall not be limited by any prior or subsequent declaration by the Consultant. 6. Enforcement Costs. Consultant agrees to pay any and all costs City incurs entorcing the indemnity and defense provisions set forth in Article V. 7. Survival. Consultant's obligations u'nder Article V shall survive the termination of this Agreement. ARTICLE VI. TERMINA TfON OF AGREEMENT A. Termination for Cause. If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement. City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days betore the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and . equitable compensation, in an amount not to exceed that payable under this Agreement and less any damages caused City by Consultant's breach" for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination,. Page 11 5-18 B. Termination of Agreement for Convenience of City. City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. [n that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation, in an amount not to exceed that payable under this Agreement, for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. ARTICLE VII. RECORD RETENTION AND ACCESS A. Record Retention. During the course of the Project and for three (3) years following completion, the Consultant agrees and to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the Project as City may reqUIre. B. Access to Records of Consultant and Subcontractors. The Consultant agrees to permit, and require its subcontractors to permit City or its authorized representatives, upon request, to inspect all Project work, materials, payrolls, and other data, and to audit the books, records, and accounts of the Contractor and its subcontractors pertaining to the Project. C. Project Closeout. The Consultant agrees that Project closeout does not alter the reporting and record retention requirements of this Agreement. ARTICLE VIII. PROJECT COMPLET[ON, AUDIT, AND CLOSEOUT A. Project Completion. Within ninety (90) calendar days following Project completion or termination by CITY, the Consultant agrees to submit a final certification of Project expenses and audit reports, as applicable. B. Audit of Consultants. The Consultant agrees to have performed financial and compliance audits the City may require. The Consultant also agrees to obtain any other audits required by City. The Consultant agrees that Project closeout will not alter the Consultant's audit responsibilities. Audit costs are allowable Project costs. C. Project Closeout. Project closeout occurs when City notifies the Consultant that City has closed the Project, and either forwards the final payment or acknowledges that the Consultant has remitted the proper refund. The Consultant agrees that Project closeout by City does not invalidate any continuing requirements imposed by the Agreement or any unmet requirements set forth in a written notification from City ARTICLE vm. MISCELLANEOUS PROVISIONS Page [2 5-19 A. Assignability. The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or notation), without prior written consent of City. I. Limited Consent. City hereby consents to the assignment of the portions of the Defined Services identi tied in Exhibit A, Paragraph 16 to the subconsultants identified thereat as "Permitted Subconsultants". B. Ownership, Publication, Reproduction and Use of Material. All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. C. Independent Contractor. City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, independent contractors and shall not be deemed to be employees of City, and none of them shall be entitled to any benefits to which City employees arc entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solcly responsible for the payment of same and shall hold the City harmless with regard thereto. I. Actions on Behalf ofCitv. Except as City may specify in writing, Grantee shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever, as an agent or otherwise. Grantee shall have no authority, express or implied, to bind City or its members, agents, or employees, to any obligation whatsoever, unless expressly provided in this Agreement. 2. No Obligations to Third Parties. In connection with the Project, the Consultant agrees and shall require that it's agents, employees, subcontractors agree that the City shall not be responsible for any obligations or liabilities to any third party, including its agents, employees, subcontractors, or other person or entity that is not a party to this Agreement. Notwithstanding that the City may have concurred in or approved any solicitation, subagreement, or third party contract at any tier, neither City shall have any obligations or liabilities to such other party. D. Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented Page 13 5-20 in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. E. Administration of Contract. Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 12, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. F. Term. This Agreement shall terminate when the Parties have complied with all executory provisions hereof. G. Attorney's Fees. Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. H. Statement of Costs. In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 1. Consultant is Real Estate Broker and/or Salesman. [fthe box on Exhibit A, Paragraph 15 is marked, the Consultant and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. I J. Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. K. Integration. This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. L. Capacity of Parties. Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter Page 14 5-21 into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. M. Governing LawNcnuc. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and ifapplicable, the City ofChula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City ofChula Vista. (End of page. Next page is signature page.) Page 15 5-22 Signature Page to Agreement bet\vecl1 City of Chub Vis!" and KTU+A .for Devdoping a Bikeway rvlaster Plan Update IN WITNESS WHEREOF, City and KTU+A have execuTed this Agreement thereby indicating that they have read and understood same, and iudicate their full and complete consent to its tem1S: J - Dated. City ofChula Vista By: Cheryl Cox, Mayor Attest: Donna Norris. City Clerk A pprovcd as to form: Bart Miesldd, City Attorney D"ted. KTU+A By: va' Mik~gl By: 11iJ,oJ s\~I,L~jon Pre...id,",,,-\- [Name ot Pcrsw\, Tltlc] J Exhibit List to Ag-rc~mcnt (X) Exhibit A. Page [6 '5-23 Exhibit A to Agreement between City of Chula Vista and KTU+A I. Effective Date of Agreement: (Date of Council approval) 2. City-Related Entity: (X) City ofChula Vista, a municipal chartered corporation of the State of Cali fomi a ( ) Redevelopment Agency of the City ofChula Vista, a political subdivision of the State of California ( ) Industrial Development Authority of the City ofChula Vista, a ( ) Other: , a [insert business form] ("City") 3. Place of Business for City: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 4. Consultant: KTU+A 3916 Normal Street San Diego, California 92103 5. Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership (X) Corporation 6. Place of Business, Telephone and Fax Number of Consultant: 3916 Normal Street San Diego, California 92103 Voice Phone: (619) 294-4477 Fax Phone: (619) 294-9965 Page 17 5-24 7. General Duties: The Consultant shall prepare a Bikeway Master Plan (Plan) in accordance with Streets and Highway Code, Section 891.2, items a to k. The Plan must comply with these requirements and be reviewed and approved by both the San Diego Association of Governments (SANDAG) and Caltrans. Ifletters of approval from any of these agencies are not provided due to some issues, the Consultant shall meet with the City and resolve the issues. The objective of the Plan is to guide the way the City plims and implements bikeway improvements considering the City's focus on commuter users, and to review and make recommendations as to how the current bikeway network within the City planning area can be updated to best suit the needs of the City now and in the future. The Plan shall update the City's existing comprehensive plan for identifying, pnontIZlng, constructing, and implementing bikeway projects and' programs to improve the environment for bicyclists and increase bicycling as a mode of transportation Citywide. The Plan will identify and prioritize potential project locations for bikeway improvements and provide descriptions of the types of improvements needed to improve the environment for bicyclists. By identifying and prioritizing potential projects for bikeway improvements, the Plan will promote an orderly implementation of citywide bikeway improvement projects. The Plan will support SANDAG's regional transportation goals, including those of the Regional Transportation Plan, as well as the City's General Plan. The Consultant shall identify and analyze existing bikeway conditions, existing and potential bikeway routes, and potential bikeway infrastructure improvement projects for specific locations that focus on providing and improving connections along bikeway routes. In addition to bikeway improvement projects, the need for bikeway related studies and developing bikeway safety and education programs shall also be addressed. 8. Scope of Work and Schedule: A. Detailed Scope of Work 1. Research I) Review updated General Plan Land Use and Transportation Element, Bikeway Master Plan, Chula Vista Greenbelt Master Plan, Otay Valley Regional Park Concept Plan and any other pertinent reports available. 2) Review the San Diego Regional Bicycle Plan and the San Diego Region Bike Map to determine and evaluate continuity of City routes into adjacent communities and municipalities, and ensure that the update to the Plan is consistent with these regional documents. 3) Review current standards and requirements for new developments to provide bicycle facilities, including SANDAG Board Policy No.03!, Rule 21 "Accommodation of Bicyclists and Pedestrians" under the TransNet Extension Ord inance. 4) Review and update existing selection criteria for additional or alternate bike routes. Page 18 5-25 5) Perform field investigation and observations to evaluate existing routes and extent of current bicycle use, including those roadways that continue into adjacent jurisdictions. 6) Review State standards and requirements for bikeways. 7) Review accident data involving bicycles on City streets to be provided by the City. 8) Review new bicycle related tramc control devices, markings. 9) Review status of existing 2005 Bikeway Master Plan projects. II. Evaluate Elements I) Identify community impacts and possible mitigation for new and alternate route alignments and/or improvements to existing facilities. 2) Utilize a GIS-based Bicycle Priority Model to identify areas within the City with high potential bicycle traffic 3) Evaluate existing bikeway facilities. 4) Evaluate existing 2005 Bikeway Master Plan projects for status, and recommend if incomplete projects should be deleted or updated. 5) Identify topography and other constraints that would preclude extension of existing bikeway routes. Make recommendations on maximum grades and lengths of climbs for facilities. 6) The engineering element shall consist of the following tasks: a. Recommend site amenities such as wall, benches, bike lockers, bike racks and bike rest stops. b. Recommend innovative bicycle tramc control devices, bicycle parking/racks, and shared roadway markings "sharrows" implementation. . c. Recommend frequency and location for bicycle counts. d. Outline methods and format for bicycle use survey. e. Collect bicycle count data at 12 locations to be determined with approval of City staff III. Preparation of Plan: The Plan shall include, but not be limited to, the following elements: a) Estimated number of existing bicycle commuters in the plan area and the estimated increase in the number of bicycle commuters resulting from implementation of the Plan. b) A map and description of existing and proposed land use and settlement patterns which shall include, but not be limited to, locations of residential neighborhoods, schools, shopping centers, public buildings, and major employment centers. Page 19 5-26 c) A map and description of existing and proposed bikeways. All proposed bikeways shall be in accordance with California Highway Design Manual, Chapter 1000, Bikeway Planning and Design. d) A map and description of existing and proposed end-of-trip bicycle parking facilities. These shall include, but not be limited to, parking at schools, shopping centers, public buildings, and major employment centers. e) A map and description of existing and proposed bicycle transport and parking facilities for connections with and use of other transportation modes. These shall include, but not be limited to, parking facilities at transit stops, transit terminals, park and ride lots, and provisions for transporting bicyclists and bicycles on transit or rail vehicles. f) A map and description of existing and proposed facilities for changing and storing clothes and equipment. These shall include, but not be limited to, locker, restroom, and shower facilities near bicycle parking facilities. g) A description of bicycle safety and education programs conducted in the area included within the plan, efforts by the City of Chula Vista Police Department to enforce provisions of the Vehicle Code pertaining to bicycle operation, and the resulting effect on accidents involving bicyclists. h) A description of the extent of citizen and community involvement in development of the Plan, including, but not limited to, letters of support. i) A description of how the Bikeway Master Plan has been coordinated and is consistent with other local or regional transportation, air quality, or energy conservation plans, including, but not limited to, programs that provide incentives for bicycle commuting. j) A description of the projects proposed in the plan and a listing of their priorities for implementation. k) A description of past expenditures for bicycle facilities and future financial needs for projects that improve safety and convenience for bicycle commuters in the plan area. I) A Project Sheet for High Priority Projects. Each of the top bikeway projects shall be described on a one-page Project Description sheet that clearly presents the project and its itemized cost. For larger projects, the project shall be broken into phases in order to maximize the possibility of funding. These sheets shall be prepared for a minimum of 15 projects. m) A description of potential funding sources for the prioritized list of projects, with separate funding identified for each phase. IV. Communitv Outreach Program The Consultant shall develop a community outreach program and a system for public input. The Consultant shall coordinate and hold two public workshops at an easily accessible centralized location, the first at the beginning of the project to gather public input, and the second to present recommended projects, policies and Page 20 5-27 guidelines. The Consultant shall provide large-scale graphics and mapping on aerial photographs to clearly display information and for compiling user comments. An online survey shall be created and be available throughout the duration of the project. IV. Draft Bikewav Master Plan The Consultant shall prepare a draft Bikeway Master Plan Update composed of the tasks and elements completed up to this point in the process. The consultant shall provide tive hard copies of the draft plan and an electronic copy in PDF format on CD-ROM. The Consultant will not be required to submit full-color or full-size attachments, maps, or exhibits at this time. The City will review the draft and make recommendations to be included in the final draft. V. Citv Council Presentation The consultant shall give a presentation to the City Council (estimated to be in November 2010) as part of the Council action adopting the updated Bikeway Master Plan. VI. Final Bikewav Master Plan Following the City's review and approval of the Bikeway Master Plan Update, the consultant shall provide 25 copies of the final version of the Plan, including aD-sized pocket map showing existing and proposed bikeways with each copy, to be presented to various City leaders and to be made available to the public. One (I) copy must be printed on one side only and clipped together (not bound) to facilitate copying. The Consultant shall provide a master copy of the Plan and a copy, broken down by chapters, in PDF format on CD-ROM for future duplicating needs, and for posting on the City's website. The City must have the ability to purchase additional copies of the adopted Bikeway Master Plan for 90 days after the City Council adopts a resolution, at a not-to-exceed price per full color copy of$50, and pocket maps at $15 each. B. Date for Commencement of Consultant Services: (X) Same as Effective Date of Agreement ( ) Other: C. Dates or Time Limits for Delivery of Deliverables: D. Date for completion of all Consultant services: December 31. 2010 9. Materials Required to be Supplied by City to Consultant: 10. Compensation: A. ( ) Single Fixed Fee Arrangement. Page 21 5-28 For performance of all of the Defined Services by Consultant as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: Single Fixed Fee Amount: , payable as follows: Milestone or Event or Deliverable Amount or Percent of Fixed Fee ( ) I. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans that must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. B. (X) Phased Fixed Fee Arrangement. For the performance of each phase or portion of the Defined Services by Consultant as are separately identified below, City shall pay the fixed fee associated with each phase of Services, in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase. 1. Research - Includes items in Section 8.A.I above, as well as the kickoff meeting and Community Meeting # 1. Deliverables: Preliminary Mapping of existing bikeway facilities, attractors and barriers (shape files and paper maps), along with a working paper or memorandum discussing the relevant documents and issues, addressing connectivity, and providing recommendations for updates, changes and additions to the current Bikeway Master Plan. I Fee for Said ~ $ 31,630 Phase 2. Evaluate Elements - A working paper or memorandum on relevant barriers, geographical constraints and other elements addressed in Section 8.A.l! (l-5) above. I Project Management and Meetings - Includes time tor coordination , meetings. Deliverables: Schedule of meetings and meeting minutes, I I i I i $29,9651 i 3. $7,550 I I Page 22 5-29 i findings, verbal written comments and meeting attendee lists. 4. ; Preparation of Exhibits - Deliverables: Documents and exhibits numbers "a" i through "m" under Section 8.A.Ill above, "Preparation of Plan." , $43,255 I ! , I ' 5. ! Draft Bikeway MasterPlan: Includes results of bicycle survey .' $16,965 ! I 6i..-F.i~;IB;kewa;i1aster p.I~n:I~'cI~de-;Finalc~~mu~i;;w~~kShOP' - --- '~L' ----- $20,320 1 I Workshop Preparatlon and City Council Presentatlon I , , -..r-------~------------.--~~tal amount of I -$!49.685-1 ; F , ( ) 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans that must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has bcen performed by the Contractor. The practice of making interim monthly advances shall not convert this agrecment to a time and materials basis of payment. C. ( ) Hourly Rate Arrangement For performance of the Defined Services by Consultant as herein required, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of said Services, at the rates or amounts set forth in the Rate Schedule herein below according to the following terms and conditions: (1) ( ) Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the Defined Services herein rcquired of Consultant for $ including all Materials, and other "reimbursables" ("Maximum Compensation"). (2) ( ) Limitation without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurrcd time and materials equal to (" Authorization Limit"), Consultant shall not be entitled Page 23 5-30 to any additional compensation without further authorization issued in writing and approved by the City. Nothing herein shall preclude Consultant from providing additional Services at Consultant's own cost and expense. Category of Employee Rate Schedule4 Name of Consultant Hourly Rate $ $ $ $ $ ( ) Hourly rates may increase by 6% for services rendered after [month], 20~, if delay in providing services is caused by City. 11. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: (X) None, the compensation includes all costs. Cost or Rate $ $ $ $ $ $ $ $ $ $ () Reports, not to exceed $ () Copies, not to exceed $ () Travel, not to exceed $ () Printing, not to exceed $ () Postage, not to exceed $ () Delivery, not to exceed $ () Long Distance Telephone Charges, not to exceed $ () Other Actual Identifiable Direct Costs: , not to exceed $ . not to exceed $ 12. Contract Administrators: City: Roberto Solorzano, Associate Engineer 4. This section should be completed in all cascs--ifthe main compensation scheme is a "time and materials arrangement" or for the purposes of requiring Additional ServIces. Page 24 5-31 Public Services Building 276 Fourth Ave Chula Vista, California 91910 Phone: (619) 409-5420 Consultant: Mike Singleton, Vice President and Principal KTU+A 3916 Normal Street San Diego, California 92103 (619) 294-4477 / FAX: (619) 294-9965 13. Liquidated Damages Rate: ( ) $ ( ) Other: per day. 14. Statement ofEconomie Interests, Consultant Reporting Categories, per Conflict of Interest Code: ( X) Not Applicable. Not an FPPC Filer. ( ) FPPC Filer ( ) Category No. I. Investments and sources of income. ( ) Category No.2. Interests in real property. ( ) Category No.3. Investments, interest in real property and sources of income subject to the regulatory, permit or licensing authority of the department. ( ) Category No.4. Investments in business entities and sources of income that engage in land development construction or the aequisitionor sale of real property. ( ) Category No.5. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the City of Chula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. ( ) Category No.6. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. ( ) Category No.7. Business positions. Page 25 5-32 ( ) List "Consultant Associates" interests in real property within 2 radial miles of Project Property, if any: 15. ( ) Consultant is Real Estate Broker and/or Salesman 16. Permitted Subconsultants: Fehr & Peers. 15707 Rockfield Boulevard. Suite 155. Irvine. California 92618 I. Bill Processing: A. Consultant's Billing to be submitted for the following period of time: ( ) Monthly ( ) Quarterly (X) Other: See 10- B above B. Day of the Period for submission of Consultant's Billing: ( ) First of the Month ( ) 15th Day of each Month ( ) End of the Month ex) Other: See 10-B above C. City's Account Number: 2410351723. 2410351227 (STL-351) 2. Security for Performance ( ) Performance Bond, $ ( ) Letter of Credit, $ ( ) Other Security: Type: Amount: $ ( ) Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Page 26 5-33 Amount" until the City determines that the Retention Release Event, listed below, has occurred: ( ) Retention Percentage: ( ) Retention Amount: $ % Retention Release Event: ( ) Completion of All Consultant Services ( ) Other: ' M:\ENGINEERIAOVPLAN\BICYCLE\BIKEWAY MASTER PLAN UPDATE 2009\KTUA\2PTY KTUA FINAL DOC Page 27 5-34 RESOLUTION NO. 2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING A CONTRACT FOR THE DEVELOPMENT OF BIKEWAY MASTER PLAN UPDATE TO KTU+A IN AN AMOUNT NOT TO EXCEED $149,685 WHEREAS, in order to receive State and regional timding for bicycle improvements, the City needs to have a Bikeway Master Plan approved within the past five years. Council approved the last Bikeway Master Plan ("Plan") on January 19, 2005; and WHEREAS, the City has received a $150,000 Transportation Development Act (TDA) grant from the San Diego Association of Governments (SANDAG) and has appropriated an additional $50,000 in TransNet funds to fund the preparation of an update to the Plan. These funds were appropriated by Council as part of the Fiscal Year 2009-10 Capital Improvement Program (CIP) project STL-351; and WHEREAS, City staff advertised the project on June 19,2009, distributed a Request for Proposals for Development of a Bikeway Master Plan and conducted a Consultant selection process in accordance with Section 2.56.110 of the Chula Vista Municipal Code. Four proposals were received, and all four proposals met the City's minimum qualifications; and WHEREAS, on August 21, 2009, the City's selection panel ("Panel") interviewed the four firms that submitted proposals. The following are the results of the interview process: Firm Final Cost Proposal Rank KTU+A, San Diego, California 1 $149,685 Alta Planning + Design, San Diego, California 2 $148,145 Rick Engineering Company, San Diego, California 3 $167,310 Darnell & Associates, San Diego, California 4 $149,850 WHEREAS, three of the four firms, including KTU+A, submitted cost proposals below the $150,000 allocated by SANDAG; and WHEREAS, based on their extensive experience in preparing similar plans in thc San Diego region, the qualifications of their key staff members, and their understanding of bikeway issues in Chula Vista, the Panel has determine that KTU+A is the most qualified firm to prepare the Bikeway Master Plan. 5-35 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby award a contract for "Bikeway Master Plan Update (STL351)" to KTU+A in an amount not to exceed $149,685. Presented by .-~-_.---'.. ----------. --- Richard A. Hopkins Director ofPllblic Works 5-36