CITY OF FOSTER CITY
REQUEST FOR PROPOSAL
PROFESSIONAL ENGINEERING SERVICES
FOR
THE FOSTER CITY BICYCLE AND PEDESTRIAN MASTER PLAN
PROPOSAL SUBMITTAL DEADLINE: FRIDAY, DECEMBER 6, 2024 at 2:00 PM RETURN PROPOSAL TO:
City of Foster City
Public Works Department
Attn: Claire McWilliams
Assistant Engineer
610 Foster City Blvd.
Foster City, CA 94404
INDEX
SECTION
I. INTRODUCTION
II. GENERAL INFORMATION
III. NON-MANDATORY, PRE-PROPOSAL MEETING
IV. PROPOSAL REQUIREMENTS
V. PROPOSAL SUBMITTAL REQUIREMENTS
VI. CONSULTANT SELECTION PROCESS
VII. CONFIDENTIALITY
VIII. SCOPE OF SERVICES
IX. STANDARD PROFESSIONAL SERVICES AGREEMENT AND INSURANCE
REQUIREMENTS
ATTACHMENTS
A. DRAFT SCOPE OF SERVICES
B. STANDARD PROFESSIONAL SERVICES AGREEMENT AND SAMPLE
INSURANCE REQUIREMENTS
Request for Proposal
REQUEST FOR PROPOSAL
FOR PROFESSIONAL ENGINEERING SERVICES
FOR
THE FOSTER CITY BICYCLE AND PEDESTRIAN MASTER PLAN
SECTION I. INTRODUCTION
The City of Foster City (City) is seeking a professional consultant team to provide professional engineering services for the Foster City Bicycle and Pedestrian Master Plan (BPMP). To that end, the City invites qualified consulting firms to submit proposals.
Consultants shall examine all information in this Request for Proposal (RFP), including the attachments.
Consultants are encouraged to attend a non-mandatory, pre-proposal meeting on Tuesday, November 19, 2024 at 10:00 am. The deadline for submitting questions about the proposal is Monday, November 25, 2024 at 5:00 pm. The City will consider proposals received on or before the proposal submittal deadline of Friday, December 6, 2024 at 2:00 pm. The City may extend the proposal submittal deadline if the City receives an inadequate amount of applicant response. Interested consultants will be notified via an addendum.
SECTION II. GENERAL INFORMATION
The Foster City Bicycle and Pedestrian Master Plan involves the development of the City’s first bicycle and pedestrian master plan. The City of Foster City (City) is a community in the San Francisco Bay Area with a population of approximately 33,000 residents and is made up of primarily residential development with a growing employment sector. The City has previously performed several transportation studies focused on multi modal transportation and routes to school and would like to combine its transportation planning efforts throughout the City.
The objective of the BPMP is to incorporate previous transportation studies and new analysis into a plan that examines bicycle and pedestrian safety and needs within the City, creating a comprehensive document that prioritizes Safe Routes to School, the City’s existing Complete Streets Resolution, and multi-modal transportation throughout the City. The plan will have long-term effects on the prioritization and development of bicycle and pedestrian facilities throughout the City to increase user safety.
Request for Proposal
SECTION III: NON-MANDATORY, PRE-PROPOSAL MEETING
Interested consultants shall attend a non-mandatory, pre-proposal meeting. The pre- proposal meeting will be held at City Hall located at 610 Foster City Boulevard, Foster City, CA 94404 on Tuesday, November 19, 2024 at 10:00 am.
The meeting will also be accessible via Zoom. If you would like to attend the pre-proposal meeting or have any questions about the pre-proposal meeting, please contact the Assistant Engineer, Ms. Claire McWilliams at [email protected] before Thursday, November 14, 2024, at 5 pm.
Consultants shall bear all costs associated with attending the pre-proposal meeting. The City shall bear no costs and/or assume no liability for consultants attending the pre- proposal meeting.
Request for Proposal
SECTION IV. PROPOSAL REQUIREMENTS
To demonstrate the qualifications and experience necessary to perform the professional engineering services for the project, as described in the Attachment A, Draft Scope of Services, consultant shall submit a proposal that includes the information described in this section.
If Consultants have questions regarding the proposal, submit questions to the Assistant Engineer, Ms. Claire McWilliams at [email protected] on or before November 25, 2024 at 5:00 pm.
The proposal shall be comprised of two (2) parts:
•Part 1 is comprised of five (5) copies of a bound and tabbed document containing sections A, B, C, D, E, F, G and H described below. Consultant shall also provide a flash drive with electronic copies for Part 1 only.
•Part 2 is one (1) copy of Section J submitted in a sealed envelope.
The proposal shall be concise and address qualifications and experience. Consultant shall not include superfluous information or analytical work that would otherwise be performed during work in the proposal. The body of the proposal, excluding the table of contents and appendices, should not exceed 15 pages. As an appendix, provide resumes for the proposed team members. Proposals should be bound with tabs identifying each section herein specified.
PART 1
A. Table of Contents
Consultant shall provide a table of contents for all material contained in the proposal.
B. Cover Letter
Consultant shall provide a cover letter. The person who signs the cover letter shall be authorized to contractually bind the consultant. The cover letter shall include the following:
1) A statement that all the information in the Request for Proposal was examined.
2) A statement that the proposal is binding for a 90-calendar day period. 3) The name, title, address, email, and telephone number of the individual to whom correspondence and other communications should be directed during the consultant selection process.
4) The name, title, address, email, and telephone number of the individual who will negotiate the consulting agreement with the City, if selected, and is authorized to contractually bind the firm.
Request for Proposal
C.Executive Summary
Consultant shall provide an executive summary. The executive summary shall include a statement that consultant reviewed the draft scope of services and is able to provide the required professional services. The summary shall briefly summarize those consultant qualifications and experience, contained in the proposal, which best highlight its ability to successfully deliver the work.
D.Project Approach
A summary presentation of the proposed approach for performing the services, describing how the project team would be organized to:
1) Clearly specify the scope of work and schedule for the work that will be included in the contract for professional engineering services. 2) Monitor and control the scope of work, communicate potential scope of work changes prior to performing that work, and manage the change in scope of work.
3) Monitor and control costs of professional design services to ensure the services are performed within the negotiated not-to-exceed amount. 4) Monitor the schedule and ensure that deliverables are completed on or before schedule milestones.
5) Monitor the progress of the work to ensure that each submittal is complete and has been adequately reviewed prior to submitting deliverables. 6) Monitor the quality of consultant’s deliverables to reduce the amount of City resources required to review the submittal.
7) Ensure responsiveness to City Staff.
8) Facilitate communications.
9) No substituting of staff listed in the proposal and adding staff not listed in the proposal.
E. Proposal Schedule
The purpose of the proposal schedule is to ensure consultant completes work in a timely manner and to ensure that labor projections are consistent with the proposal schedule.
Consultant shall prepare a schedule for the work described in Attachment A, Draft Scope of Services and shall show the key activities, their start dates, and end dates. The schedule should include a milestone for each Authorization to Proceed and each submittal identified in Attachment A, Draft Scope of Services.
The schedule should reflect “staffing up” at the beginning of the project and “staffing down” near the end of the project. Consultant shall use March 1, 2025 as the start date for the schedule.
Request for Proposal
F. Labor Projections
Consultant shall provide a spreadsheet showing an estimate of the number of hours by staff role to complete the work described in Attachment A - Draft Scope of Services. Group labor projects by task. The labor projections shall be consistent with the schedule created as part of section E above. Provide a list of assumptions made in developing the labor hours.
G.Consultant Information
Consultant shall provide the following information for it and each of its sub- consultants, if any:
1) Legal name of firm.
2) Type of organization (partnership, corporation, etc.) and where incorporated, if applicable.
3) Firm’s Officers.
4) Date firm was established.
5) Address of firm’s headquarters.
6) Current number of people employed by the firm.
7) Name of consultant’s parent company, if any.
8) Name of consultant’s subsidiaries wholly owned or fractionally owned, if any.
9) List of companies associated with the consultant whose work on the design or construction of the projects may potentially give rise to a conflict of interest, if any.
10) List of contracts terminated for convenience or default within the past three (3) years, if any. Include contract value, description of work, client's name, and telephone number.
H.Consultant Experience and References
Consultant shall provide details of its experience working on similar projects over the last five (5) years. Consultant shall provide details of not more than five (5) similar projects. All projects shall have one or more proposed team members involved in the project. Provide projects from different owners, if possible. 1) Project name.
2) Project Owner and contact information.
3) Project description including total project cost and location. 4) Description of the consultant’s role (Prime consultant or sub-consultant to Prime consultant’s Name).
5) Description of professional design service provided. 6) Cost Control for professional design services: Describe the original and final contract amount and reasons for differences, if any. 7) Schedule Control for professional design services Contract: Original start date, actual start date, original end date, actual end date, description of Request for Proposal
reasons for differences. For dates, provide month and year. 8) Project Manager and other key personnel involved.
9) Sub-consultants on the proposed team that worked on the project, if any.
If consultant has a standard resume for projects, consultant may provide the standard resumes with supplemental project information on a separate sheet.
Providing supplemental project information on a separate sheet will have no effect on the evaluation process.
The City will contact Project Owners to discuss the consultant’s current and/or past performance. For Project Owner’s contact information, provide Project Owner’s name and address, the name of a contact with knowledge of consultant’s performance, as well as contact’s phone number and email address.
I. Project Team Experience and References
The consulting team is key to delivering a successful project.
For purposes of the proposal and the selection process, the following terms are used to identify consulting team members: Project Manager, Other Key Personnel, and Other Team Members. The Project Manager is responsible for Consultant’s work and is the City’s principal contact after the professional services contract is awarded, (2) Other Key Personnel are the keys to consultant successfully executing the work; and (3) Other Team Members who will play a significant role in successfully executing the work.
Consultant shall provide the following information regarding the consulting team and its team members:
1) Consultant shall provide an organization chart showing the proposed relationships and the various roles and/or disciplines required to deliver the work. Within the organization chart, consultant shall identify the project manager, other key personnel, and other team members. If a team member works for a sub-consultant, identify the sub-consultant. Consultant shall identify at least one person for each role and/or discipline.
2) Provide a list of office(s) in which the proposed team members will work.
Provide its address, its general phone number, and the name of the principal(s) overseeing proposed staff at the office. Identify the proposed team members working at the office and their roles.
3)Project Manager. Provide the qualifications and experience of the Project Manager, his/her current commitments to other projects to confirm consultant's ability to commit resources to the work, and not less than three (3) references for the Project Manager.
4)Other Key Personnel. Provide the qualifications and experience of the Other Key Personnel; their current commitments to other projects to confirm consultant's ability to commit resources to the work; and not less than three Request for Proposal
(3) references for each person who is identified as Other Key Personnel. 5)Other Team Members. Provide the qualifications and experience of the Other Team Members.
The City will contact project owners who have worked with the project manager and other key personnel to discuss their current and/or past performance. For each reference, list the proposed team member, project name, project owner, project owner’s address, the name of contact with knowledge of performance, contact’s phone number, and contact’s email address. Provide references from different owners, if possible.
PART 2
J. Consultant Fee Schedule and Reimbursable Expenses
Provide one (1) copy in a sealed envelope, including the level of effort with reimbursable expenses and hourly rates schedule. The level of effort and reimbursable expenses shall be broken down with a summary table for the entire proposal and shall include an estimate of the number of hours by staff type to complete the work described in Attachment A, Draft Scope of Service, that is consistent with the schedule created as part of Section D in Part 1 Provide descriptions of assumptions made in developing the labor hours. The City and the selected consultant will endeavor to negotiate a consulting agreement which contains a not-to-exceed amount for professional services, reimbursable expenses, additional services, supplies, materials, and equipment.
To that end, consultant shall provide for it and its sub-consultants, if any, a consultant Fee Schedule, and list of other costs for other reimbursable items, such as supplies, materials, equipment, other services, and/or other expenses.
SECTION V. PROPOSAL SUBMITTAL REQUIREMENTS
Consultant shall submit its proposal in accordance with the following requirements:
A. The City will only consider proposals received by City at or before the proposal submittal deadline of Friday, December 6, 2024 at 2 pm. The City may extend the proposal submittal deadline if the City receives an inadequate response submitted. Interested consultants will be notified via an addendum.
B. Consultant shall submit proposals to the following address:
City of Foster City
Public Works Department
Attn: Claire McWilliams
Assistant Engineer
Request for Proposal
610 Foster City Blvd.
Foster City, CA 94404
C. For mailed proposals, the City encourages each consultant to confirm that its proposal was received by the City at or before the proposal submittal deadline.
Contact the Assistant Engineer, Ms. Claire McWilliams at [email protected] to confirm City’s receipt of the proposal.
D. For hand-delivered proposals, consultant shall deliver the proposal to the information desk in the building lobby. Consultant shall ensure the proposal is time and date stamped by the attendant prior to leaving the building.
SECTION VI. CONSULTANT SELECTION PROCESS
The City will review proposals and perform reference checks to evaluate consultants.
The City will conduct consultant interviews with the top scoring proposals. Interviews are expected to take place from approximately January 13 to January 24. The City will notify consultants approximately three to four weeks after the proposal submittal deadline.
Principal criteria used to evaluate consultants will include the following:
1) Experience/Qualifications: Firm’s experience on similar projects in the last five years.
a. Consultant’s and sub-consultant’s, if any, experience successfully providing professional engineering services on similar projects in the last five (5) years.
2) Personnel Assigned: Experience of key personnel assigned to the project, and experience of key team members who will be assigned to the project for its full duration.
a. Project Manager’s experience successfully providing professional engineering services on multimodal transportation plans and/or other related work on similar projects and their availability to perform work required by his/her role.
b. Other Key Personnel’s experience providing professional engineering services on multimodal transportation plans and/or other related work on similar projects and their availability to perform the work required by his/her role.
c. Other Team Members’ experience providing professional engineering services on multimodal transportation plans and/or other related work on similar projects.
3) Quality and Completeness of Proposal:
a. Clarity and relevance of information contained in the proposal.
Request for Proposal
b. Consultant’s understanding of work.
c. Consultant’s approach to the work.
4) References
The City may waive irregularities in any proposal, accept or reject all or any part of any proposal, or waive any requirements of the request for proposals, as may be deemed to be in the best interest of the City.
After final evaluation, the City will identify the highest ranked consultant, which appears to best meet the qualification criteria. The City will attempt to negotiate a contract with the selected consultant. If the highest ranked consultant and the City cannot reach agreement, the City will terminate negotiations and, at its option, negotiate with the next ranked consultant.
Consultants shall bear all costs and assume all liability associated with negotiating a consultant agreement. The City shall bear no costs and/or assume no liability for developing and/or submitting proposals.
SECTION VII. CONFIDENTIALITY
The City has made a determination in accordance with Government Code Section 7922.000 that all Proposals submitted in response to this RFP shall not be made public by the City until after the City has executed a Professional Services Agreement with the Selected Respondent. In the event a Respondent wishes to claim portions of its Proposal exempt from disclosure under the Public Records Act, it is incumbent upon Respondent to clearly identify those portions with the word “confidential” printed on the lower right- hand corner of the page, along with a written justification as to why such information should be exempt from disclosure. However, the City will make a decision based upon applicable laws.
The City shall notify Respondent of any materials or information that the City does not believe are entitled to exemption from the Public Records Act, and Respondent shall have five (5) business days from such notice to:
a. withdraw its Proposal;
b. withdraw such information from its Proposal; or
c. withdraw such information and replace it with substituted information for which Respondent does not claim an exemption.
Proprietary or confidential data must be readily separable from the Proposal in order to facilitate eventual public inspection of the non-confidential portion of the Proposal.
Confidential data is normally restricted to confidential financial or proprietary information.
The cost of Services shall not be designated as proprietary or confidential information.
Request for Proposal
SECTION VIII. SCOPE OF SERVICES
A. Scope of Services:
A general draft scope of services is given in Attachment A. A detailed Scope of Services will be developed during negotiations. The scope of services presented herein is intended to cover the professional engineering services necessary and/or other related work and shall be used as the basis of negotiations. In addition, consultant shall agree to perform the management and project controls specified in the Draft Scope of Services.
Consultant is encouraged to include in the proposal any additional tasks and/or deliverables beyond the Draft Scope of Services that the consultant may find necessary or beneficial in order to deliver a successful project.
The City reserves the right to enter into agreements for none, a portion, modified portions, or all of the work listed in this Request for Proposal. The City reserves the right to issue notice(s) to proceed for some or all the work up to 90 days after the City Council approves the agreement.
SECTION IX. STANDARD PROFESSIONAL SERVICES AGREEMENT AND
INSURANCE REQUIREMENTS
The standard professional services agreement is attached as Attachment B.
The insurance requirements are described in Section 12 Insurance of the City’s Standard Professional Services Agreement. All policies, endorsements, certificates, and/or binders shall be subject to approval by the City as to form and content. The selected consultant shall agree to provide the City with a copy of said policies, certificates, and/or endorsements.
Foster City Bicycle and Pedestrian Master Plan
Attachment A – Draft Scope of Services
ATTACHMENT A
DRAFT SCOPE OF SERVICES
FOR PROFESSIONAL ENGINEERING SERVICES
FOR
THE FOSTER CITY BICYCLE AND PEDESTRIAN MASTER PLAN
GENERAL
The City of Foster City (City) is a community in the San Francisco Bay Area with a population of approximately 33,000 residents and is made up of primarily residential development with a growing employment sector. Residential areas in the City typically have landscaped sidewalks, local parks, and local schools. The main residential and employment areas are separated by State Route 92 (SR 92) with residential on the western side of SR 92. Foster City was master planned in the 1960’s and has an established set of arterials that serve vehicles throughout the City such as Foster City Boulevard, East Hillsdale Boulevard, Beach Park Boulevard, and Edgewater Boulevard (see Foster City’s General Plan: Chapter 3 - Land Use and Circulation Element | Foster City California which includes a map of the City’s roadway network and bicycle facilities).
In 2018, Foster City performed a Bicycle Network Assessment and Safe Routes to School Assessment. The City’s Bicycle Network Assessment evaluated existing bicycle facilities and provided recommendations for future facility locations and improvements. Under the Safe Routes to School Program, Foster City performed multi-modal transportation assessments at each of Foster City’s schools and recommended improvements to increase safety for students and staff.
Cycling and walking in the community is mainly a recreational activity, rather than a means of transportation. The City’s existing bicycle network consists of paths (Class 1 – including the levee pathway), bicycle lanes (Class II), and bicycle routes (Class III – sharrows) that are mainly along arterials and high-speed roads. Other bicycle facilities are short, disconnected bicycle paths in parks or on the Bay Trail. Most existing cycling facilities are only comfortable for skilled urban cyclists, which represent a small percentage of the overall cycling population. The City’s main pedestrian areas are the Foster City Lagoon and Bay Trail, which provide buffered recreation from major roads.
The City wishes to create a comprehensive Bicycle and Pedestrian Master Plan which will:
•Present and detail the existing bicycle network;
•Identify current gaps and future opportunities to improve pedestrian and bike ridership;
•Provide connections between Foster City’s existing bicycle and pedestrian network;
Foster City Bicycle and Pedestrian Master Plan
Attachment A – Draft Scope of Services
•Consider greater regional connections and future developments outside of the City;
•Support and advance the City’s efforts toward creating safe routes to school and ensuring equitable access to planned or developed facilities and amenities throughout the City;
•Provide recommendations for bicycle and pedestrian needs and facility recommendations;
•Identify and prioritize potential projects to enhance the existing bicycle and pedestrian network.
•Propose an implementation plan.
Consultant(s) shall be responsible for providing transportation planning, engineering, documentation, and support necessary efforts for the preparation and adoption of a new Bicycle and Pedestrian Master Plan.
The project will be administered by the Foster City Public Works Department with assistance from other City departments. The selected consultant shall provide leadership for the entire consultant team and is expected to work closely with City staff, the Traffic Review Committee (City’s Bicycle Pedestrian Advisory Committee), and the broader community to identify project needs and potential solutions. Consultant(s) shall attend coordination meetings and other special purpose meetings as delineated.
Consultant(s) shall be responsible for facilitating community outreach in coordination with the City. While significant outreach was conducted for the previous 2018 studies, the City intends to build upon existing knowledge and conduct additional public outreach events for feedback through the project tasks.
The consultant team shall include all disciplines necessary to create a Bicycle and Pedestrian Master Plan. The following is a list of anticipated consultant services required.
Consultant Team Services:
•Transportation Planning
•GIS Analysis
•Document preparation and drafting
•Public Outreach/Marketing Materials
•Traffic Engineering
The scope of services is arranged into seven (7) tasks, which may change as a result of negotiations.
1) Project Management and Work Plan
2) Existing Conditions, Data Collection, and Review
3) Public Outreach
4) Citywide Infrastructure Needs and Demands Assessment Foster City Bicycle and Pedestrian Master Plan
Attachment A – Draft Scope of Services
5) Goals and Policy Development
6) Recommendations and Implementation Strategy
7) Draft and Final Plan
SCOPE OF WORK BY TASK
The City will authorize, in writing, consultant(s)’ work on each task. The City may issue written authorization to proceed with a task prior to the completion of a preceding task.
Upon receipt of a written authorization to proceed, consultant(s) shall begin work on the designated task and diligently prosecute the work to completion.
Consultant and its sub-consultants, if any, shall separately track and report costs for each project and task.
The City may reject incomplete submittals or submittals which, in its sole judgement, were not subjected to an adequate quality control review.
A list of expected deliverables is included for each task. Consultant is encouraged to include in the proposal any additional deliverables beyond the Draft Scope of Services that the consultant may find necessary or beneficial in order to deliver a successful project.
I. TASK 1 – PROJECT MANAGEMENT AND WORK PLAN
A. Project Management and Controls
1. The consultant shall designate a Project Manager acceptable to the City. The Project Manager will be responsible for the work including developing the work plan; implementing the project management procedures and controls; and maintaining effective communications among the sub-consultants, City, and other involved agencies and organizations for the duration of the project.
If Consultant wishes to propose a substitute at any time during the duration of the project, the City shall approve consultant’s Project Manager.
2. Within fifteen (15) calendar days after receipt of the Notice to Proceed, the consultant shall submit to the City a final work plan that shall include:
a) Description of the consultant's approach to performing the scope of services, including any constraints, specific strategies, or special considerations that apply. (This may be as outlined in the consultant's proposal).
b) The roles and responsibilities of the project team members including sub-consultants.
Foster City Bicycle and Pedestrian Master Plan
Attachment A – Draft Scope of Services
c) A schedule that details project activities in an appropriate time frame consistent with the duration of this Agreement.
3. To support each invoice, the consultant shall furnish a project update that shall include the following:
a) A narrative progress report of specific accomplishments during the reporting period, problems encountered, or anticipated
accomplishments scheduled for the next reporting period.
b) A cost report for each specific consultant’s service that shows:
b.1. The current period and cumulative expenditures to date. b.2. The estimated date to complete each task.
4. The consultant shall be available for consultation with the City project manager at all reasonable times and shall immediately advise the project manager of requests, technical decisions, or problems that may materially affect a project’s scope, quality, schedule, or cost.
5. Other project management tasks include:
•Organize and document monthly team meetings.
•Creation of a shared Project directory (Sharepoint)
Deliverables:
•Project directory
•Monthly Invoice Submittals
•Agendas and meeting summaries for monthly team meetings
B. Preparation of Work Plan
The consultant shall develop a work plan and schedule that will provide an overview of the objectives of the BPMP, introduce scope of work, establish a meeting and presentation schedule (team meetings, City Council, Traffic Review Committee and public meetings for community participation), and establish communication channels with other departments, local and regional bicycle/pedestrian committees, and the general public.
Deliverables:
•Kick-Off Meeting
•Detailed work plan and schedule encompassing the full scope of work, meeting and presentation schedule, engagement with City staff, the City’s Traffic Review Committee, local bicycle advocacy groups, and written comments.
Foster City Bicycle and Pedestrian Master Plan
Attachment A – Draft Scope of Services
II. TASK 2 – EXISTING CONDITIONS, DATA COLLECTION AND REVIEW The purpose of Task 2 is to establish the present conditions, challenges, and opportunities of Foster City’s existing bicycle and pedestrian network based on available data and studies.
The consultant will perform a detailed review of previous City studies and the General Plan, in addition to other relevant City, local, and regional documents to prepare an Existing Conditions Report/Memorandum which analyzes and incorporates the following:
1. Current projects and programs, as well as projects implemented since the previous 2018 studies
2. Existing bicycle and pedestrian route networks and facilities (crosswalks, bike racks, curb ramps, sidewalks, etc.)
3. City and regional policy related to pedestrian and bicycle travel
4. Collision data for the past 10 years (bicycle, pedestrian, and vehicle)
5. Safe Routes to School data
6. Traffic volume and speed data
The consultant will utilize this analysis and research to create an inventory of existing facilities and programs that demonstrate current challenges and opportunities for the City, supplemented by maps and graphics that demonstrate progress made since 2018 and challenge and opportunity areas within the City.
Deliverables:
•Existing Conditions Report/Memorandum including existing conditions maps (PDF) with associated GIS layers and data
•One (1) round of revisions with TRC on Existing Conditions Report/Memorandum
•Transmittal letter identifying if the existing data is adequate for the planning process or if new data needs to be collected, with an outline of the types of data collection activities that are recommended, such as field audits
III. TASK 3 – PUBLIC OUTREACH
Public outreach will be an important component of the City’s Bicycle/Pedestrian Master Plan. Outreach will aim to include the community throughout the plan development process, ensuring that the Final Plan will be based on community priorities, opinions, and feedback.
This task includes various phases of outreach, beginning with strategy development and a Public Participation Plan. Proposed outreach methods could include pop-ups, walking/biking tours, and community workshops accompanied by online interactive maps and surveys. The consultant will be expected to attend up to four Traffic Foster City Bicycle and Pedestrian Master Plan
Attachment A – Draft Scope of Services
Review Committee (TRC) meetings to review deliverables.
Outreach efforts in this task should focus on the ways residents use existing facilities, safety concerns, and work to identify major barriers to pedestrian and cyclist usage throughout the City. The consultant should reference and incorporate Foster City’s Safe Routes to School Study to advance its efforts in key areas throughout the City.
Deliverables:
•Public Participation Plan that summarizes the recommended community outreach activities to be performed
•Attendance and presentation (as needed) at four (4) expected TRC meetings to receive feedback from committee members on major deliverables
•One (1) round of revision with TRC on the Public Participation Plan •Facilitation and materials for three outreach events, including summary of outreach event
•Online surveys, interactive maps, etc.
•Preparation of outreach materials such as FAQ sheets
IV. TASK 4 – CITYWIDE INFRASTRUCTURE NEEDS AND DEMANDS
ASSESSMENT
The needs and demands assessment describes the barriers to pedestrian and bicyclist activity in Foster City through multiple levels of analysis.
This task includes the creation of a needs and demands summary memo to ensure the proposed system meets the needs of all ages and abilities and enables users to travel to high use centers. The consultant shall incorporate information from the previous task to perform three types of analyses as part of the needs and assessment memo:
•Network demand for pedestrian and bicycle facilities
•Connectivity gaps throughout the City’s bicycle and pedestrian network •Relative comfort and safety for pedestrians and cyclists The Network Demand analysis should examine locations in the community that are major destinations or activity generators along with commuting profiles and include a traffic count for cyclists and pedestrians at key locations throughout the City.
The Connectivity analysis will document the existing bicycle and pedestrian networks and identify connectivity gaps between neighborhoods, community facilities, high use centers, and trails or pathways around Foster City. This analysis shall note geographical and infrastructure barriers and identify American with Foster City Bicycle and Pedestrian Master Plan
Attachment A – Draft Scope of Services
Disabilities Act (ADA) issues relative to bicycle and pedestrian access and infrastructure in support of the City’s recently updated ADA Transition Plan.
The Comfort and Safety analysis will utilize collision and accident data to identify areas for safety improvement and perform a Level of Traffic Stress (LTS) analysis on all existing bike and pedestrian paths in the City.
The needs and demands assessment memo shall include identification of additional opportunities to enhance the safety and accessibility of the network.
Deliverables:
•Traffic counts for bicyclists and pedestrians
•Needs and Demands Assessment memo
•Accompanying maps and GIS data/layers to show the analysis performed
V. TASK 5 – GOALS AND POLICY DEVELOPMENT
Goals and Policy Development
This task promotes the development of short- and long-range direction for bicycle and pedestrian routes and facility planning by reviewing existing plans and policies in relation to public feedback and current needs, demands, and stresses on the network.
The consultant will draft new goals and policies that reflect the recommendations from the City’s existing transportation-related efforts and studies, including the Safe Routes to School Study, Foster City Climate Action Plan, and Foster City Complete Streets Policy. Additionally, improvements based on Assembly Bill 413 must be incorporated into the policy development process. The City may adopt a Local Roadway Safety Plan (LRSP) and accompanying vision zero goal. Should the City adopt the LRSP, goals related to traffic safety from Foster City’s LRSP will also be included.
Ultimately, these new goals and policies will guide the creation of a safe, connected, and comfortable transportation network for all users.
Deliverables
•Draft goals and policies in a memorandum format
VI. TASK 6 – RECOMMENDATIONS AND IMPLEMENTATION STRATEGY A. Network Recommendations
The objective of this subtask is to establish Foster City's proposed bicycle and pedestrian network through recommended projects, informed by previous phases.
This subtask involves the development of the new Citywide Bicycle and Pedestrian network, demonstrating additions since the 2018 Citywide Foster City Bicycle and Pedestrian Master Plan
Attachment A – Draft Scope of Services
Network Assessment Study and additional routes and linkages to complete the network, including identification of existing routes that should be revised based on current findings and needs. The new bicycle and pedestrian network should consider connections to local and regional bicycle and pedestrian networks as well as:
1. Comply with the Foster City Complete Streets Policy;
2. Advance the Foster City Safe Routes to School Study; and
3. Identify opportunities to incorporate green infrastructure per the City’s Green Infrastructure Plan.
Recommended projects can include network improvements, spot improvements, inclusion of planned CIPs, and programs and policies to promote education, enforcement, and evaluation. The recommendations shall include bicycle and pedestrian systems and programs as well as recommended project improvements.
Deliverables:
•Proposed bicycle and pedestrian network map with opportunities for new routes, facilities, etc. (PDF, GIS)
B. Implementation Plan and Prioritization
To better plan for bike and pedestrian improvements, this subtask prioritizes recommended projects based on agreed upon evaluation criteria and provides an overview of funding opportunities for projects with feasible timeframes for completion.
This subtask involves the development of an implementation plan that includes details on cost, responsible department, scheduling, and appropriate funding. The consultant will create a scoring matrix to prioritize projects in the implementation plan and identify 3-5 priority projects for further analysis and study in the next subtask. The implementation plan should be organized by into a five-year time span, including identification of high impact, low-cost projects that the City can immediately accomplish.
The consultant shall coordinate with staff to identify potential funding sources. Projects should be clearly identified and cross-referenced with approved or future projects in the City’s CIP budget. Based on the information available, a financial plan should be developed.
Deliverables:
•Implementation plan in memorandum format addressing the implementation strategy, with funding strategies
C. Priority Project Feasibility
Based on the prioritization in the previous subtask and resulting priority Foster City Bicycle and Pedestrian Master Plan
Attachment A – Draft Scope of Services
projects, the consultant will perform a feasibility analysis on up to five projects. For selected bicycle and pedestrian priority projects, the consultant will draft preliminary designs to help facilitate and guide future CIPs. Expected data and analysis may include:
•A feasibility analysis with a field visit for measurement and as built verification
•Rough site plan with upgrades/changes and suggested material to be used
•Typical cross section of road
•Project description
•Further needed analysis
•Rough Order of Magnitude costs
Deliverables:
•Detailed recommended bicycle and pedestrian project sheets for up to five (5) priority projects
•One (1) round of revision with TRC on the draft goals and policies and priority projects
VII. TASK 7 – DRAFT AND FINAL PLAN
This task will assemble information from the above tasks into a Draft Citywide Bicycle and Pedestrian Master Plan for review and comment by staff. Once in draft form, the Master Plan will be presented to the public (via online comment), TRC (via in-person meeting), and City Council (via in-person meeting). Following comments and feedback received, the consultant will prepare a final version of the Plan and present the final Plan to City Council for adoption.
Deliverables:
•Draft Bicycle and Pedestrian Master Plan Document, maps, GIS data, etc. •Up to three draft revisions (Staff, TRC/Public, Council) •Draft presentation to public via online document review/commenting portal •Materials and presentation at up to two (2) City Council Meetings (in-person) •Final Report/Plan
Foster City Bicycle and Pedestrian Master Plan
Attachment B – Standard Professional Services Agreement
ATTACHMENT B
PROFESSIONAL SERVICES AGREEMENT
FOR PROFESSIONAL ENGINEERING SERVICES
FOR
THE FOSTER CITY BICYCLE AND PEDESTRIAN MASTER PLAN
This Agreement is made and entered into as of the _____ day of ____________, 20___ by and between the City of Foster City hereinafter called "CITY" and ____________________ hereinafter called "CONSULTANT".
RECITALS
This Agreement is entered into with reference to the following facts and circumstances:
WHEREAS, CITY desires to engage CONSULTANT to provide professional engineering services in the CITY;
WHEREAS, CONSULTANT is qualified to provide such services to the CITY and; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties hereby agree as follows:
TERMS AND CONDITIONS
1. Services. The services to be performed by CONSULTANT under this Agreement shall include those services set forth in Exhibit A, which is, by this reference, incorporated herein and made a part hereof as though it were fully set forth herein.
Performance of the work specified in said Exhibit A is hereby made an obligation of CONSULTANT under this Agreement, subject to any changes that may be made subsequently hereto upon the mutual written agreement of the said parties.
Where in conflict, the terms of this Agreement supersede and prevail over any terms set forth in Exhibit A.
2. Term; Termination. (a) The term of this Agreement shall commence upon the date hereinabove written and shall expire upon completion of performance of services hereunder by CONSULTANT. (b) Notwithstanding the provisions of (a) above, CITY may with or without cause, direct CONSULTANT to suspend, delay or interrupt Services, in whole or in part, for such periods of time as CITY may determine in its sole discretion. (c) CITY may terminate performance of the Services under this Agreement in whole, or from time to time in part, for default, should CONSULTANT Foster City Bicycle and Pedestrian Master Plan
Attachment B – Standard Professional Services Agreement
commit a material breach of this Agreement, or part thereof, and not cure such breach within ten (10) calendar days of the date of CITY’s written notice to CONSULTANT demanding such cure, in which case CONSULTANT shall be liable to CITY for all loss, cost, expense, damage and liability resulting from such breach and termination. (d) CITY may terminate performance of the Services under this Agreement in whole, or from time to time in part, for convenience, whenever CITY determines that such termination is in CITY’s best interests, in which case CONSULTANT shall be entitled to recover its costs expended up to the termination date plus reasonable profit thereon to the termination date as this Agreement would otherwise provide, but may recover no other cost, damage or expense. CONSULTANT shall continue its work throughout the course of any dispute, and CONSULTANT’s failure to continue work during a dispute shall be a material breach of this Agreement.
3. Compensation; Expenses; Payment. CITY shall compensate CONSULTANT for all services performed by CONSULTANT hereunder in an amount based upon CONSULTANT’s hourly rates during the time of the performance of said services. A copy of CONSULTANT’s hourly rates for which services hereunder shall be performed are set forth in CONSULTANT’s fee schedule marked Exhibit “B” hereof, attached hereto and by this reference incorporated herein.
Notwithstanding the foregoing, the combined total of compensation and reimbursement of costs payable hereunder shall not exceed the sum _____________________ ($________________). Invoices for amounts in excess of _____________________ ($________________) shall not be paid unless the performance of services and/or reimbursement of costs and expenses in excess of said amounts have been approved in advance of performing such services or incurring such costs and expenses by the City Manager (for contracts less than $50,000) or City Council (for contracts $50,000 or more) evidenced by motion duly made and carried and a written contract amendment having been executed.
Compensation and reimbursement of costs and expenses hereunder shall be payable upon monthly billing therefor by CONSULTANT to CITY, which billing shall include an itemized statement, briefly describing by task and labor category or cost/expense items billed. Final payment will be made when all Services required under this Agreement have been completed to the reasonable satisfaction of CITY including, without limitation, CONSULTANT's transmittal of all deliverables to CITY required by EXHIBIT A.
CITY shall not incur any charges under this Agreement, nor shall any payments become due to CONSULTANT for any payment period on the Project, until CITY receives all deliverables required under Exhibit A, Foster City Bicycle and Pedestrian Master Plan
Attachment B – Standard Professional Services Agreement
SCOPE OF WORK AND SCHEDULE, for the payment period (if any) and reasonably accepts such deliverables as meeting the requirements of this Agreement. In cases where CONSULTANT has partially completed one or more deliverables due during a payment period, and if CONSULTANT demonstrates diligent progress thereon, then CITY may make a partial progress payment based upon percentage completion of the partially completed deliverables and diligent progress but taking into account any adverse impacts upon CITY. CITY shall not be liable for, and CONSULTANT shall not be entitled to, any payment for Services performed before this Agreement's execution.
4. Employee Wages; Records; Apprentices: Consultant shall pay prevailing wages to its employees on any agreement in excess of $1,000.00. Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Agreement, as determined by the Director of the State of California Department of Industrial Relations, are on file at the County’s Capital Projects Office and may be obtained from the California Department of Industrial Relations website [http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm]. Consultant shall comply with the 8-hours per day/40 hours per week/overtime/working hours restrictions for all employees, pursuant to the California Labor Code.
Consultant and all subconsultants shall keep and maintain accurate employee payroll records for Work performed under the Agreement. The payroll records shall be certified and submitted as required by law, including Labor Code Sections 1771.4 (if applicable) and 1776, including to the Labor Commissioner no less frequently than monthly. Consultant shall comply fully with Labor Code Section 1777.5 in the hiring of apprentices for work relating to the Agreement. If the Agreement exceeds $2,000 and is funded with federal funds, then Consultant shall pay federal Davis Bacon wages and comply with applicable federal requirements.
5. Additional Services. In the event CITY desires the performance of additional services not otherwise included within the services described in Exhibit A, such services shall be authorized in advance of the performance thereof by the City Manager (for contracts less than $50,000) or City Council (for contracts $50,000 or more) by motion duly made and carried. Such amendment to this Agreement shall include a description of the services to be performed thereunder, the maximum compensation and reimbursement of costs and expenses payable therefor, the time of performance thereof, and such other matters as the parties deem appropriate for the accomplishment of such services. Except to the extent modified by written amendment, all other terms and conditions of this Agreement shall be deemed incorporated in each such amendment.
6. Records. CONSULTANT shall keep and maintain accurate records of all Foster City Bicycle and Pedestrian Master Plan
Attachment B – Standard Professional Services Agreement
time expended and costs and expenses incurred relating to services to be performed by CONSULTANT hereunder. Said records shall be available to CITY for review and copying during regular business hours at CONSULTANT’s place of business or as otherwise agreed upon by the parties.
7. Authorization. This Agreement becomes effective when endorsed by both parties in the space provided below.
8. Reliance on Professional Skill of CONSULTANT. CONSULTANT represents that it has the necessary professional skills to perform the services required and the CITY shall rely on such skills of the CONSULTANT to do and perform the work. In performing services hereunder CONSULTANT shall adhere to the standards generally prevailing for the performance of expert consulting services similar to those to be performed by CONSULTANT hereunder.
CONSULTANT represents that it has reviewed Exhibit A and that in its professional judgment the Services to be performed under this Agreement can be performed for a fee within the maximum amount set forth in the Compensation Schedule established in Exhibit A and within the times specified for each individual Project.
CONSULTANT represents that it possesses all necessary training, licenses and permits to perform the Services and that its performance of the Services will conform to the standards of practice of a professional having experience and expertise in performing professional services of like nature and complexity of the Services working on similar, successfully completed projects.
The granting of any progress payment by CITY, or the receipt thereof by CONSULTANT, or any inspection, review, approval or oral statement by any representative of CITY or any other governmental entity, shall in no way waive or limit the obligations in this Paragraph 7 or lessen the liability of CONSULTANT for unsatisfactory Services, including but not limited to cases where the defective or below standard Services may not have been apparent or detected at the time of such payment, inspection, review or approval.
9. Documents. All documents, plans, drawings, renderings, and other papers, or copies thereof, as finally rendered, prepared by CONSULTANT pursuant to the terms of this Agreement, shall, upon preparation and delivery to CITY, become the property of CITY.
10. Relationship of Parties. CONSULTANT is an independent Contractor and Foster City Bicycle and Pedestrian Master Plan
Attachment B – Standard Professional Services Agreement
does not act as City’s agent in any capacity, whatsoever. CONSULTANT is not entitled to any benefits that CITY provides to CITY employees, including, without limitation, worker’s compensation benefits or payments, pension benefits, health benefits or insurance benefits. Terms within this Agreement regarding direction apply to and concern the result of the CONSULTANT’s provision of Services, not the means, methods, or scheduling of the CONSULTANT’s work. CONSULTANT shall be solely responsible for the means, methods, techniques, sequences and procedures with respect to its provision of Services under this Agreement.
CONSULTANT shall pay all payroll taxes imposed by any governmental entity and shall pay all other taxes not specifically identified in this Agreement as CITY’s responsibility.
11. Schedule. CONSULTANT shall adhere to the schedule set forth in Exhibit A; provided, that CITY shall grant reasonable extensions of time for the performance of such services occasioned by governmental reviews of CONSULTANT’s work product or other unavoidable delays; provided, further, that such unavoidable delay shall not include strikes, lockouts, work stoppages, or other labor disturbances conducted by, or on behalf of, CONSULTANT’s officers or employees.
CONSULTANT acknowledges the importance to CITY of CITY’s Project schedule and agrees to put forth its best professional efforts to perform its services under this Agreement in a manner consistent with that schedule.
12. Indemnity. To the fullest extent allowed by law, CONSULTANT hereby agrees to defend, indemnify, and save harmless CITY and Estero Municipal Improvement District, its Council, boards, commissions, officers, employees, directors, volunteers and agents, from and against any and all claims, suits, actions liability, loss, damage, expense, injury (including, without limitation, economic harm, injury to or death of any person, including an employee of CONSULTANT or its Subconsultants), cost (including, without limitation, costs and fees of litigation) of every nature, kind or description, at law or equity, which may be brought against, or suffered or sustained by, City of Foster City or Estero Municipal Improvement District, its Council, boards, commissions, officers, employees, directors, volunteers or agents that arise out of, pertain to, or relate to any negligence, recklessness, or willful misconduct of CONSULTANT, any Subconsultant, anyone directly or indirectly employed or retained by them, or anyone that they control. In the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the CONSULTANT shall meet and confer with other parties regarding unpaid defense costs.
The duty of CONSULTANT to indemnify and save harmless, as set forth herein, shall include the duty to defend as set forth in Section 2778 of the Foster City Bicycle and Pedestrian Master Plan
Attachment B – Standard Professional Services Agreement
California Civil Code; provided, however, that nothing herein contained shall be construed to require CONSULTANT to indemnify City of Foster City and Estero Municipal Improvement District, its Council, boards, commissions, officers, employees and agents against any responsibility or liability in contravention of Sections 2782 and 2782.8 of the California Civil Code.
CONSULTANT’s responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law.
The defense and indemnification obligations of this agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained within this Agreement.
13. Insurance. Prior to execution of this Agreement, CONSULTANT shall furnish to CITY Certificates of Insurance showing satisfactory proof that it maintains the insurance required by this Contract as set forth in EXHIBIT C, Insurance, which are attached and made a part of this Agreement.
CONSULTANT shall maintain all required insurance throughout the term of this Agreement and as otherwise provided in EXHIBIT C. In the event CONSULTANT fails to maintain any required insurance, and notwithstanding Paragraph 3 above, CITY may (but is not obligated to) purchase such insurance and deduct or retain premium amounts from any sums due CONSULTANT under this Agreement (or CONSULTANT shall promptly reimburse CITY for such expense).
CONSULTANT shall maintain insurance as required by this Agreement to the fullest amount allowed by law and shall maintain insurance for a minimum of five (5) years following completion of this project or service. In the event CONSULTANT fails to obtain or maintain completed operations coverage as required by this Agreement, the CITY at its sole discretion may purchase the coverage required and the cost will be paid by CONSULTANT.
14. WORKERS' COMPENSATION. CONSULTANT certifies that he is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and CONSULTANT certifies that he will comply with such provisions before commencing the performance of the work of this agreement.
15. NON-DISCRIMINATION. The CONSULTANT will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The CONSULTANT will take affirmative action to ensure that applicants are employed and the employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following:
Foster City Bicycle and Pedestrian Master Plan
Attachment B – Standard Professional Services Agreement
employment, advancement, demotion, transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT shall at all times be in compliance with the requirements of the Federal Americans With Disabilities Act (Public Law 101-336) which prohibits discrimination on the basis of disability by public entities. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause.
16. Notice. All notices required by this Agreement shall be given to the CITY and CONSULTANT in writing, by first class mail, postage prepaid, addressed as follows:
CITY: City of Foster City
610 Foster City Boulevard
Foster City, CA 94404-2299
Attention: ____________________
CONSULTANT: ____________________________
(Fill in CONSULTANT Name, Address, Phone
Number, Project Manager and Email Address
for CONSULTANT)
17. Non-Assignment. This Agreement is not assignable either in whole or in part.
18. Amendments. This Agreement may be amended or modified only by written agreement signed by both parties.
19. Validity. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
20. Governing Law. This Agreement shall be deemed to have been executed in the County of San Mateo, California. The formation, interpretation and performance of this Agreement shall be governed by the laws of the State of California, excluding its conflict of laws rules. Any suit or action initiated by either party shall be brought in the County of San Mateo, California unless the parties agree otherwise in a written amendment to this Agreement.
21. Mediation. Should any dispute arise out of this Agreement, the parties shall meet in mediation and attempt to reach a resolution with the assistance of a mutually acceptable mediator. Neither party shall be permitted to file legal action without first meeting in mediation and making a good faith attempt to reach a mediated resolution. The costs of the mediator, if any, shall be paid Foster City Bicycle and Pedestrian Master Plan
Attachment B – Standard Professional Services Agreement
equally by the parties. If a mediated settlement is reached neither party shall be deemed the prevailing party for purposes of the settlement and each party shall bear its own legal costs.
22. Conflict of Interest. CONSULTANT represents and warrants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of work and services required under this Agreement. Without limitation, CONSULTANT represents to and agrees with CITY that CONSULTANT has disclosed any potential conflict of interest, and will have no future conflict of interest, in providing CITY services hereunder, including but not limited to, any interest (financial, share ownership, shared management, shared directors, or reporting responsibilities) CONSULTANT may presently have, or will have in the future, with respect to any other person or entity (including but not limited to potential suppliers, vendors, consultants, contractors, or regulatory agency) which may have an interest in the subject matter of the Services.
23. Liability of CITY.
Except as provided in Exhibit A, Services to be Provided by CONSULTANT and Exhibit C, Insurance, CITY's obligations under this Agreement shall be limited to the payment of the compensation provided for in Paragraphs 1, 3, and 4 of this Agreement,
Notwithstanding any other provision of this Agreement, in no event shall CITY be liable, regardless of whether any claim is based on contract, tort or otherwise, for any special, consequential, indirect or incidental damages, lost profits or revenue, arising out of or in connection with this Agreement, the Services, or the Project.
CITY shall not be responsible for any damage to persons or property as a result of the use, misuse or failure of any equipment used by CONSULTANT, or by any of its employees, even though such equipment be furnished, rented or loaned to CONSULTANT by CITY. The acceptance or use of such equipment by CONSULTANT or any of its employees shall be construed to mean that CONSULTANT accepts full responsibility for and shall exonerate, indemnify, defend and save harmless CITY from and against any and all claims for any damage or injury of any type, including attorneys' fees, arising from the use, misuse or failure of such equipment, whether such damage be to the CONSULTANT, its employees, CITY employees or third parties, or to property belonging to any of the above.
Nothing in this Agreement shall constitute a waiver or limitation of any right or remedy, whether in equity or at law, which CITY or CONSULTANT may have under this Agreement or any applicable law. All rights and remedies of CITY or CONSULTANT, whether under this Agreement or other Foster City Bicycle and Pedestrian Master Plan
Attachment B – Standard Professional Services Agreement
applicable law, shall be cumulative.
24. Waiver of Default. Waiver of any default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided below.
25. Force Majeure. Except for defaults of subconsultants at any tier, CONSULTANT shall not be liable for any excess costs if the failure to perform the Agreement arises from causes beyond the control and without the fault or negligence of CONSULTANT, including without limitation failure to reasonably mitigate any adverse impacts (Force Majeure). Force Majeure events include the following:
Acts of God, fires, floods, earthquake, other natural disasters, epidemics and pandemics (other than COVID-19 or variants), abnormal weather conditions beyond the parameters otherwise set forth in this Article, nuclear accidents, strikes, lockouts, freight embargos, interruptions in service by a regulated utility, or governmental statutes or regulations enacted or imposed after the fact (together, “force majeure events”).
Any Force Majeure event with a duration in excess of not less than 30 days entitles either party to terminate this Agreement with written notice to the other party, without further penalty or compensation.
26. Entire Agreement. This Agreement, including Exhibits A, B, C, and D comprises the entire Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date first above written by their respective officers duly authorized in that behalf.
CITY OF FOSTER CITY
Dated: _________________________________ Patrick Sullivan, Mayor
ATTEST:
Dated: ________________________________ Priscilla Schaus, City Clerk
Foster City Bicycle and Pedestrian Master Plan
Attachment B – Standard Professional Services Agreement
APPROVED AS TO FORM
Dated:
Benjamin Stock, City Attorney
CONSULTANT
Dated:
Type Name & Title of CONSULTANT
Authorized to Sign
Foster City Bicycle and Pedestrian Master Plan
Attachment B – Standard Professional Services Agreement
EXHIBIT A
SERVICES TO BE PROVIDED, PAYMENTS, PROJECTS AND SCHEDULE, AND
DELIVERABLES FOR
[EITHER COMPLETE EXHIBIT A OR ATTACH A PROPOSAL/SCOPE OF WORK THAT CONTAINS ALL THE INFORMATION BELOW AND DELETE THE TEXT BELOW]
SERVICES TO BE PROVIDED
This is an Exhibit attached to, and made a part of and incorporated by reference to the Agreement dated Date of Agreement, by and between Consultant Name, hereinafter referred to as "CONSULTANT" and the City of Foster City, hereinafter referred to as "CITY" providing for professional services.
1.Description of the Project:
1.1 DESCRIPTION: Description of Project
2.Basic Services:
The CITY has developed a general scope of work as described below.
2.1 Task 1 – Description of Task 1
2.2 Task 2 – Description of Task 2
2.3 Task 3 – Description of Task 3
PAYMENTS
1. The maximum payment to CONSULTANT under this Agreement for the Project shall be:
Maximum Payment Amount
2. METHODS OF PAYMENT FOR CONSULTANT’S SERVICES AND EXPENSES:
List Methods of Payment
3. TIMES OF PAYMENTS.
List Times of Payments
PROJECTS AND SCHEDULE
List Project Schedule
DELIVERABLES
CONSULTANT’s deliverables under the Agreement are enunciated throughout the Professional Services Agreement and include but are not limited to the following:
1. PROJECT DELIVERABLES
1.1DELIVERABLES: List of Deliverables
1.2OTHER:
Foster City Bicycle and Pedestrian Master Plan
Attachment B – Standard Professional Services Agreement
2.CONSULTANT SERVICES. The deliverables considered part of CONSULTANT’s professional services are defined as, but are not limited to, the following deliverables:
2.1SERVICES: List of Services
END OF EXHIBIT A
Foster City Bicycle and Pedestrian Master Plan
Attachment B – Standard Professional Services Agreement
EXHIBIT B
CONSULTANT’S FEE SCHEDULE
[Specify Consultant’s hourly rates for which services hereunder shall be performed] Foster City Bicycle and Pedestrian Master Plan
Attachment B – Standard Professional Services Agreement
EXHIBIT C
INSURANCE FORMS
CONSULTANT shall provide, in addition to the Certificates of Insurance, original Endorsement affecting the coverages specified in herein on the attached form. No substitute form will be accepted.
This is an Exhibit to, and made a part of and incorporated by reference to the Agreement dated Date of Agreement, by and between Consultant Name, hereinafter referred to as "Consultant”, and the City of Foster City, hereinafter referred to as "City", providing for professional services.
1.Consultant's Duty to Show Proof of Insurance. Consultant, in order to protect City and its Council members, officials, agents, officers, and employees against all claims and liability for death, injury, loss and damage as a result of Consultant's acts, errors, or omissions in connection with the performance of Consultant's obligations, as required in this Agreement, shall secure and maintain insurance as described below. Consultant shall not perform any work under this Agreement until Consultant has obtained all insurance required under this section and the required certificates of insurance and all required endorsements have been filed with the City's authorized insurance representative, insurance Tracking Services Inc. (ITS). Receipt of evidence of insurance that does not comply with all applicable insurance requirements shall not constitute a waiver of the insurance requirements set forth herein. The required documents must be signed by the authorized representative of the insurance company shown on the certificate. Upon request, Consultant shall supply proof that such person is an authorized representative thereof, and is authorized to bind the named underwriter(s) and their company to the coverage, limits and termination provisions shown thereon, Consultant shall promptly deliver to ITS a certificate of insurance, and all required endorsements, with respect to each renewal policy, as necessary to demonstrate the maintenance of the required insurance coverage for the term specified herein. Such certificates and endorsements shall be delivered to ITS prior to the expiration date of any policy and bear a notation evidencing payment of the premium thereof if so requested. Consultant shall immediately pay any deductibles and self-insured retentions under all required insurance policies upon the submission of any claim by Consultant or City as an additional insured.
1.1 Insurance Requirements
☒ Commercial General Liability Insurance
Commercial General Liability Insurance including, but not limited to, Contractual Liability Insurance (specifically concerning the indemnity provisions of this Agreement with the City ), Products-Completed Operations Hazard, liability for slander, false arrest and invasion of privacy arising out of professional services rendered hereunder, Personal Injury (including bodily injury and death), and Property Damage for liability arising out of Consultant's performance of services under this Agreement. The Commercial General Liability insurance shall contain no exclusions or limitation for independent contractors working on the behalf of the named insured. Consultant shall maintain the Products-Completed Operations Hazard coverage for the longest period allowed by law following termination of this Agreement. The amount of said insurance coverage required by this Agreement shall be the policy limits, which shall be at least five million dollars ($5,000,000) each occurrence and five million dollars ($5,000,000) aggregate.
*Please note, the City will require a separate additional insured endorsement for the Commercial General Liability policy, listing the “City of Foster City, its Council members, officials, agents, officers, and employees”.
Foster City Bicycle and Pedestrian Master Plan
Attachment B – Standard Professional Services Agreement
☒ Business Automobile Liability Insurance
Automobile Liability Insurance against claims of Personal Injury (including bodily injury and death) and Property Damage covering any vehicle and/or all owned, leased, hired and non- owned vehicles used in the performance of Services pursuant to this Agreement with coverage equal to the policy limits, which shall be at least two million dollars ($2,000,000) each occurrence.
☒ Workers' Compensation Insurance
Consultant shall submit written proof that Consultant is insured against liability for workers' compensation in accordance with the provisions of section 3700 of the California Labor Code.
Consultant shall require any Subconsultants to provide workers' compensation for all of the Subconsultants' employees, unless the Subconsultants' employees are covered by the insurance afforded by Consultant. If any class of employees engaged in work or services performed under this Agreement is not covered by California Labor Code section 3700, Consultant shall provide and/or require each Subconsultant to provide adequate insurance for the coverage of employees not otherwise covered. Consultant shall also maintain employer's liability insurance with limits of one million dollars ($1,000,000) for bodily injury or disease. ☒ Professional Liability Insurance
Professional Liability (Errors and Omissions) Insurance, for liability arising out of, or in connection with, all negligent acts, errors or omissions in connection with services to be provided under this Agreement, with no exclusion for claims of one insured against another insured, with coverage equal to the policy limits, which shall not be less than five million dollars ($5,000,000) per occurrence and five million dollars ($5,000,000) aggregate.
1.2 Self-Insured Retention
Any self-insured retentions in excess of $100,000 must be declared on the Certificate of insurance or other documentation provided to City and must be approved by the City Risk Manager.
1.3 Claims-Made Basis Coverage
If any of the insurance coverages required under this Agreement is written on a claims-made basis, Consultant, at Consultant's option, shall either (i) maintain said coverage for at least five (5) years following the termination of this Agreement with coverage extending back to the effective date of this Agreement; (ii) purchase an extended reporting period of not less than five (5) years following the termination of this Agreement; or (iii) acquire a full prior acts provision on any renewal or replacement policy.
2.City as Additional Insured
On Consultant's Commercial General Liability and Automobile policies, the City, its Council members, officers, directors, agents, employees, and volunteers, shall be named as additional insured's, but only with respect to liability arising out of the activities of the named insured. Any endorsement shall be provided using one of the following three options: (i) on ISO form CG 20 10 1 1 85; or (ii) on ISO form CG 20 37 10 01 plus either ISO form CG 20 10 10 01 or CG 20 33 10 01; or (iii) on such other forms which provide coverage at least equal to or better than form CG 20 10 1 1 85.
Foster City Bicycle and Pedestrian Master Plan
Attachment B – Standard Professional Services Agreement
3.Insurance terms and conditions:
3.1 Cancellation of Insurance
The above stated insurance coverages required to be maintained by Consultant shall be maintained until the completion of all of Consultant's obligations under this Agreement except as otherwise indicated herein. Each insurance policy supplied by Consultant shall not be suspended, voided, cancelled or reduced in coverage or in limits except after ten (10) days written notice by Consultant in the case of non-payment of premiums, or thirty (30) days written notice in all other cases. This notice requirement does not waive the insurance requirements stated herein.
Consultant shall immediately obtain replacement coverage for any insurance policy that is terminated, canceled, non-renewed, or whose policy limits have been exhausted or upon insolvency of the insurer that issued the policy.
3.2 All insurance shall be issued by a company or companies admitted to do business in California and listed in the current "Best's Key Rating Guide" publication with a minimum rating of A-; VII Any exception to these requirements must be approved by the City Risk Manager.
3.3 If Consultant is, or becomes during the term of this Agreement, self-insured or a member of a self-insurance pool, Consultant shall provide coverage equivalent to the insurance coverages and endorsements required above. The City will not accept such coverage unless the City determines, in its sole discretion and by written acceptance, that the coverage proposed to be provided by Consultant is equivalent to the above-required coverages.
3.4 For any claims related to the Agreement, the Consultant’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City , its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City , its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.
3.5 Insurance coverages in the minimum amounts set forth herein shall not be construed to relieve Consultant for any liability, whether within, outside, or in excess of such coverage, and regardless of solvency or insolvency of the insurer that issues the coverage; nor shall it preclude the City from taking such other actions as are available to it under any other provision of this Agreement or otherwise in law.
3.6 Failure by Consultant to maintain all such insurance in effect at all times required by this Agreement shall be a material breach of this Agreement by Consultant. City , at its sole option, may terminate this Agreement and obtain damages from Consultant resulting from said breach.
Alternatively, City may purchase such required insurance coverage, and without further notice to Consultant, City shall deduct from sums due to Consultant any premiums and associated costs advanced or paid by City for such insurance. If the balance of monies obligated to Consultant pursuant to this Agreement are insufficient to reimburse City for the premiums and any associated costs, Consultant agrees to reimburse City for the premiums and pay for all costs associated with the purchase of said insurance. Any failure by City to take this alternative action shall not relieve Consultant of its obligation to obtain and maintain the insurance coverages required by this Agreement.
3.7 Should any of the required insurance (other than errors and omissions insurance) be provided under a form of coverage that includes a general annual aggregate limit or provides that claims investigation or legal defenses costs be included in such general aggregate limit, such general annual aggregate limit shall be double the occurrence or claims limit specified above.
Foster City Bicycle and Pedestrian Master Plan
Attachment B – Standard Professional Services Agreement
3.8 City may (but is under no obligation to) secure project-specific insurance, wrap-up insurance, or administer an owner controlled insurance program ("OCIP"), in which case Consultant and its subconsultants shall communicate this fact to their insurance carriers and request that the risk of this project be excluded from their practice policies. Consultant's fees under this Agreement (and the fee of its subconsultants under subconsultant agreements) shall be reduced by the amount of insurance premiums that may be avoided by Consultant and its subconsultants by virtue of the City's obtaining the project-specific insurance, wrap-up insurance or administering an OCIP, and the exclusion of this project from coverage of Consultant's and subconsultants policies. Construction Manager and its subconsultants shall afford City access to their books and records and cooperate with City in verifying the amount of savings realized.
ATTACHED
1. Insurance Coverage Form
EXHIBIT C
This INSURANCE COVERAGE FORM modifies or documents insurance provided under the following:
Named Insured: Effective Work Date(s):
Description of Work/Locations/Vehicles:
ADDITIONAL INSURED: City of Foster City/Estero Municipal Improvement District (CITY) 610 Foster City Boulevard, Foster City, CA 94404
Attention: _________________________________
Contract Administrator
Endorsement and Certificates of Insurance Required
The Additional Insured, its elected or appointed officers, officials, employees and volunteers are included as insureds with regard to damages and defense of claims arising from: (Check all that apply)
Insurer Policy
No.
General Liability: (a) activities performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, (c) premises owned, leased occupied or used by the Named Insured, and/or (d) permits issued for operations performed by the Named Insured. {Note:
MEETS OR EXCEEDS ISO Form # CG 20 10 11 85}
Auto Liability: the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Named Insured, regardless of whether liability is attributable to the Named Insured or a combination of the Named Insured and the Additional Insured, its elected or appointed officers, officials, employees or volunteers.
Other:
Certificates of Insurance Required (no endorsement needed) (Check all that apply) Insurer Policy No.
Workers Compensation: work performed by employees of the Named Insured while those employees are engaged in work under the simultaneous directions and control of the Named Insured and the Additional Insured.
Professional Liability:
PRIMARY/NON-CONTRIBUTORY: This insurance is primary and is not additional to or contributing with any other insurance carried by or for the benefit of Additional Insureds.
SEVERABILITY OF INTEREST: The insurance afforded by this policy applies separately to each insured who is seeking coverage or against whom a claim is made or a suit is brought, except with respect to the insurer’s limit of liability.
PROVISIONS REGARDING THE INSURED'S DUTIES AFTER ACCIDENT OR LOSS: Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the Additional Insured, its elected or appointed officers, officials, employees, or volunteers.
CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice (ten (10) days if canceled due to non-payment) by regular mail return receipt requested has been given to the Additional Insured. Such notice shall be addressed as shown above.
WAIVER OF SUBROGATION: The insurer(s) named above agree to waive all rights of subrogation against the CITY, its elected or appointed officers, officials, agents, volunteers and employees for losses paid under the terms of this policy which arise from work performed by the Named Insured for the CITY.
Nothing herein contained shall vary, alter or extend any provision or condition of the Policy other than as above stated.
SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER I, ______________________________________________________________(print/type name), warrant that I have authority to bind the above-named insurance company and by my signature hereon do so bind this company.
SIGNATURE OF AUTHORIZED REPRESENTATIVE (original signature required) ORGANIZATION: TITLE:
ADDRESS:
TELEPHONE: ( ) DATE ISSUED:
EXHIBIT D
COVID-19 AMENDMENT/ATTACHMENT
(Consulting Agreement Form)
This COVID-19 Amendment/Attachment amends the Agreement between ____________________ (“City”) and ____________________________ (“Consultant”) dated ___________________________.
1. Definitions
A. The 2019 novel coronavirus and the disease it causes are collectively referred to herein as “COVID-19”.
B. A “COVID-19 Condition” is something attributable to COVID-19 not caused by the Consultant (which for purposes herein includes all subconsultants) and beyond its reasonable control including but not limited to COVID-19 Proclamations and supply chain disruptions due to COVID-19, and other circumstances concerning COVID-19 not caused by the Consultant and which are beyond its reasonable control.
C. A “COVID-19 Proclamation” includes but is not limited to orders, directives and guidance concerning COVID-19 that have been issued, and which may be issued from time to time, by public agencies or regulatory bodies, the CDC or OSHA or Cal/OSHA, including without limitation the Cal/OSHA COVID-19 Prevention Emergency Temporary Standards. Consultant acknowledges that those orders, directives and guidance may require the Project to shut down or otherwise increase the Consultant’s cost or time of performance by calling for things such as social distancing and the use of personal protective equipment. In the event of conflicting COVID-19 Proclamations, the Consultant shall follow the most applicable, restrictive and newest COVID-19 Proclamations.
D. An “Unknown COVID-19 Condition” is a COVID-19 Condition the Consultant did not know about, and reasonably should not have known about, as of the date the Consultant submitted its proposal. The requirements contained in COVID-19 Proclamations issued before submission of a proposal are not Unknown COVID-19 Conditions, and the Consultant will be deemed to have knowledge of those requirements.
E. An “Unknown COVID-19 Cost” is a cost that: (i) is solely attributable to an Unknown COVID- 19 Condition; (ii) is reasonable and unavoidable under the circumstances; (iii) is not the result of the Consultant’s failure to comply with the contract documents or a COVID-19 Proclamation; and (iv) is not the result of a subconsultants failure to comply with a COVID-19 Proclamation in connection with the performance of the Services.
2. COVID-19 Conditions and Proposal. Consultant is expected to know and is deemed to have known about COVID-19 Conditions when it submits its proposal, and COVID-19 Conditions must be accounted for in the Consultant’s price and schedule. In order to be entitled to any relief from a COVID- 19 Condition, the Consultant must demonstrate that the issue, cost or delay is due to an Unknown COVID-19 Condition.
3. Compliance with COVID-19 Proclamations.
A. Consultant shall comply with COVID-19 Proclamations in the performance of the Services, irrespective of when the COVID-19 Proclamations are issued, and as they pertains to performance of the Services. The cost of such compliance is non-compensable, except as otherwise expressly stated herein.
B. Consultant is responsible to ensure that its subconsultants and suppliers comply with COVID- 19 Proclamations at all times in connection with the performance of their Services.
4. Delay. The Consultant is entitled to a reasonable time extension for an Unknown COVID-19 Condition. Such time extension is non-compensable.
5. City Directed Suspension. The City may suspend Services due to COVID-19 health concerns, even though the Consultant may be allowed to proceed with the Services based on COVID-19 Proclamations. The City may suspend the Services for its convenience. The Consultant is entitled to a time extension for a City Directed Suspension, and the contract amount will be equitably adjusted if and to the extent Consultant incurs increased costs that are Unknown COVID-19 Costs.
6. Compensation for COVID-19 Costs. City will reimburse the Consultant for Unknown COVID-19 Costs that are not included in the schedule of values.
7. Safe Work Practices. Consultant shall implement safe work practices recommended by CDC or OSHA or Cal/OSHA, which may include, inter alia, screening all employees, subconsultants, or others (“worker(s)”) at all locations where Services are performed for signs and symptoms of COVID-19; adopting staggered work schedules, e.g., providing alternating workdays or extra shifts, to reduce the total number of employees on a site at any given time and to ensure physical distancing; identifying choke points where workers are forced to stand together, such as hallways and elevators, ingress and egress points, break areas, and buses, and implement policies to maintain social distancing; coordinating deliveries in line with the employer's minimal contact and cleaning protocols; and instituting a rigorous housekeeping program to reduce dust levels at all exterior locations. Consultant remains fully responsible for following and complying with changes to recommended safe work practices from time to time.
8. Monitoring and Reporting. City may require the Consultant to actively monitor the health of its workers through temperature checks and questionnaires of major COVID-19 symptoms, including but not limited to cough, fever above 100.4 degrees Fahrenheit and shortness of breath. Consultant shall immediately report to City any outbreaks of COVID-19 among its workers. The Consultant shall not knowingly allow any worker who has tested positive with COVID-19 to enter a City building. In the event of an outbreak or an exposure to COVID-19, the City may impose appropriate mitigation strategies which may be in consultation with the public health officer.
9. Conflicts. In the event of an inconsistency between this COVID-19 Amendment and the Agreement, this Addendum shall control.
[Signatures on Next Page]
IN WITNESS WHEREOF, the City and Consultant have executed this Covid-19 Amendment as of the date set forth above.
CONSULTANT: CITY:
________________________ ____________________________
Signature Signature
________________________ ______________________________ Print Name & Title Print Name & Title