HomeMy WebLinkAbout8.2 RFP General Plan Community Design
CITY CLERK
File # OraTI[Q]-C3][J
')( \ ~ G~'- ;.:. "
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: December 5, 2006
SUBJECT:
Request for Proposal to prepare a General Plan Community Design
Element, Design Guidelines for Downtown Dublin, and a
Downtown Dublin Specific Plan.
Report Prepared by: Jeff Baker, Senior Planner
ATTACHMENTS:
1)
Request for Proposal to prepare a General Plan Community
Design Element, Design Guidelines for Downtown Dublin,
and a Downtown Dublin Specific Plan.
RECOMMENDATI~:
~~'0J~
~
2)
Receive report and authorize Staff to distribute the Request
for Proposal; and
Select a City Council member to participate on the
committee that will evaluate the proposals that are submitted
in response to the Request for Proposal, and direct staff to
work with the Planning Commission to identify a member to
participate on the committee.
FINANCIAL STATEMENT:
Funds have been allocated to prepare a General Plan Community
Design Element, and to prepare a Downtown Dublin Specific Plan
including design guidelines in the fiscal year 2006/2007 budget.
PROJECT DESCRIPTION:
Background
The Fiscal Year 2006/2007 City Council Goals and Objectives includes, as high priority goals, the
preparation of a General Plan Community Design Element, and preparation of a comprehensive update to
the Downtown Core Specific Plan that includes combining the Downtown Core, Dublin Downtown Plan,
West Dublin BART, and San Ramon Road Specific Plans into one cohesive document. The
comprehensive update to the Downtown Specific Plan would also include design guidelines.
Community Design Element
Staff distributed a Request for Proposal (RFP) for a Community Design Element of the General Plan on
August 4, 2006. The RFP was sent to 7 different consulting firms with experience in preparing General
Plan Elements. However, Staff received only 1 response to the RFP. Staff contacted the consulting firms
that did not respond to the RFP and found a range of different reasons for the lack of response. Some of
COPY TO: Consultant
File
ITEM NO.
(.) I
'-. .. ~ ",
Page 1 of3
G:\P A#\2006\06-045 Community Design Element\ccsr 12.5.06.doc
the issues included the scope of work, the relatively small size of the contract, and level of current activity
within each firm.
ANALYSIS:
Due to the limited response received for the Community Design Element, Staff is suggesting to combine
the preparation of the General Plan Community Design Element, and the Downtown Dublin Specific Plan
into one consulting services contract. We believe the larger overall project will solicit a greater number of
interested firms. By combining the consulting services contracts for the General Plan Community Design
Element and the Downtown Dublin Specific Plan into one consulting services contract, the City can
obtain a better economy of scale in the services the consultant provides, and attract attention from a
number of consultants that may focus on larger projects. Additionally, by combining the two projects,
work can begin on both simultaneously, and the same consultant group can ensure consistency and
effective collaboration between the two projects.
The combined project to prepare the Community Design Element and the Specific Plan would be defined
in three tasks as outlined in the attached draft RFP (Attachment 1). The three tasks of the project are
described as follows:
~ Task I - Community Design Element of the General Plan: Create a Community Design
Element of the General Plan that will provide a guiding vision for future
development/redevelopment throughout the City. The Community Design Element will be used as
a baseline for future planning efforts Citywide. The Community Design Element would include
goals and policies addressing design in the community. For example, the document would address
building form and massing, and the manner in which the building interfaces with the public right-
of-way. The document would also include some illustrations as examples, but would not be as
detailed as design guidelines.
~ Task II - Downtown Dublin Specific Plan: Prepare a comprehensive Downtown Dublin
Specific Plan. The Specific Plan will encompass the area of the existing Downtown Core Specific
Plan, Dublin Downtown Plan, West Dublin BART Specific Plan, and the San Ramon Road
Specific Plans. Preparation of the Downtown Dublin Specific Plan will include a review of the
existing setting, an opportunities/constraints analysis, economic analysis, identification of the
specific plan boundary, and an evaluation of land uses, densities, and public spaces. The Design
Guidelines (noted below) will ultimately be incorporated into the Downtown Dublin Specific Plan
when the Specific Plan is adopted by the City Council.
~ Task III - Design Guidelines: Create Design Guidelines for development/redevelopment of
property within the future Downtown Dublin Specific Plan area. These Design Guidelines will
provide specific criteria for elements such as site planning, building architecture, materials and
finishes. The Guidelines will be based on the form of buildings, architectural treatments, etc., and
will implement those policies of the Community Design Element (noted above) relevant to the
downtown. This document will rely heavily on graphics to express design. Staff envisions the
guidelines to be prepared as a part of the overall Specific Plan, however, the length of time
necessary to complete the Specific Plan and associated environmental review may take longer than
the Design Guidelines. If that is the case, the Design Guidelines could be adopted and
implemented by way of an overlay zoning district while the remaining portions of the Specific
Plan are finalized.
Community input will be a part of the process to prepare the Downtown Dublin Specific Plan and
associated Design Guidelines. As a part of the RFP, Staff is asking the consultants to respond with a
Page 2 of3
method that is appropriate to solicit community input for this project. While there are 3 distinct tasks for
the overall project, Staff is requesting in the RFP, that Consultants suggest the best approach and timing
for each of these tasks.
Staff further recommends the formation of a committee to evaluate the proposals submitted in response to
the RFP. This committee could consist of one City Council member, one Planning Commissioner, and
Staff members. As a part of Staff s recommendation, Staff is requesting the selection of one City Council
member to be a part of the Evaluation Committee to select a consultant for the project and direction to
have the Planning Commission appoint a member to also be a part of the Evaluation Committee.
If the combining of both the Community Design Element and the Specific Plan are approved by the City
Council, the RFP would be distributed to a list of consultants on December 6, 2006. The committee that
consists of one City Council Member, one Planning Commissioner, and Staff members would conduct an
evaluation of the proposals submitted in response to the RFP in January 2007. Staff anticipates that a
contract with a qualified consultant, selected during the selection process, could be before the City
Council in February 2007.
RECOMMENDATION:
Staff recommends that the City Council: 1) Receive the report and authorize Staff to distribute the
Request for Proposal (Attachment 1); and 2) Select a City Council member to participate on the
committee that will evaluate the proposals that are submitted in response to the Request for Proposal, and
direct Staff to work with the Planning Commission to identify a member to participate on the committee.
Page 3 of3
Date:
Project Title:
Description:
Proposal Due:
Interviews:
/01 ;<t)
CITY OF DUBLIN
100 Civic Plaza, Dublin, California 94568
Website: http://www.cLdublin.ca.us
REQUEST FOR PROPOSAL
December 6, 2006
General Plan Community Design Element, and Downtown Dublin Specific Plan
The project consists of the following 3 distinct tasks:
Task I: Prepare a Community Design Element of the General Plan that has
policies that will guide the design vision for future
development/redevelopment throughout the City.
Task II: Downtown Dublin Specific Plan: Prepare a comprehensive specific
plan for Downtown Dublin that combines the area comprised of the
existing Downtown Core Specific Plan, Dublin Downtown Plan, West
Dublin BART Specific Plan, and the San Ramon Road Specific Plan,
and that has policies that will guide development/redevelopment of the
specific plan area.
Task III: Design Guidelines: Prepare Design Guidelines that have specific
criteria regarding site planning and building architecture for
development/redevelopment of property within the future Downtown
Dublin Specific Plan.
January 5, 2007
Week of January 15,2007 (Tentative Date)
Contract Awarded: February 6,2007 (Tentative Date)
Project Completed: August 31, 2008
Contact:
Jeff Baker, Senior Planner
Community Development Department
925-833-6610
Purpose
The purpose of this Request for Proposal (RFP) is to obtain professional consulting services to assist the
City with the following 3 tasks:
~ Task I - Community Design Element: Create a Community Design Element of the General
Plan that will provide a guiding vision for future development/redevelopment throughout the
Area Code (925) . City Manager 833-6650 . City Council 833-6650 . Personnel 833-6605 . Economic Development 833-6650
Finance 833-6640' Public Works/Engineering 833-6630.' Parks & Community Services 833-6645 . Police 833-6670
Planning/Code Enforcement 833-6610 . Building Inspection 833-6620 . Fire Prevention Bureau 833-6606 <2" r; n/' I
Q..o\. /eA SO/Of:;
c?Of
City. The Community Design Element will be used as a baseline for future planning efforts
Citywide.
~ Task II - Downtown Dublin Specific Plan: Prepare a comprehensive Downtown Dublin
Specific Plan. The Specific Plan will encompass the area of the existing Downtown Core
Specific Plan, Dublin Downtown Plan, West Dublin BART Specific Plan, and the San Ramon
Road Specific Plan. Preparation of this specific plan will include a review of the existing setting,
an opportunities/constraints analysis, economic analysis, identification of the specific plan
boundary, and an evaluation of land uses, densities, and public spaces. Please refer to
Attachment 1 for a vicinity map ofthe project area.
~ Task III - Design Guidelines: Create Design Guidelines that implement the policies of the
Community Design Element exclusively within the future Downtown Dublin Specific Plan area.
These Design Guidelines will provide specific criteria for site planning and building architecture.
Back2round
The City of Dublin is located at the intersection of Highways 1-580 and 1-680 in eastern Alameda
County. The City was incorporated in 1982 and has a current population of approximately 42,000
people. Dublin is currently going through a rapid growth cycle with much of the growth focused on the
undeveloped land in eastern Dublin. The City is also experiencing redevelopment/revitalization of
existing developed areas and transit oriented development around the existing Dublin/Pleasanton Bay
Area Rapid Transit (BART) Station, and the future West Dublin BART Station located in the downtown
area. However, the City does not have a redevelopment agency. Historically, the City has had
tremendous residential activity. At this time the City is experiencing a greater level of expressed interest
for commercial development.
In addition to the General Plan, the City has a series of documents that help to further guide
development of the City. These documents include seven different Specific Plans, a Parks and
Recreation Master Plan, Streetscape Master Plan, proposed Bikeways Master Plan, and a Village Policy
Statement.
Each year, the City Council develops and ranks a list of Goals and Objectives to be completed during
the coming fiscal year. The Goals and Objectives for the 2006/2007 fiscal year include the preparation
of a Community Design Element of the General Plan that will provide a design vision for the City, and
preparation of a comprehensive update to the Downtown Core Specific Plan (including design
guidelines) that includes incorporating the existing Downtown Core Specific Plan, Dublin Downtown
Plan, West Dublin BART Specific Plan, and the San Ramon Road Specific Plan into one specific plan
document.
The City envisions that the preparation of the Downtown Dublin Specific Plan and Design Guidelines
will include the identification of existing conditions, including existing development patterns and
easements within the Specific Plan area. ArJ opportunities and constraints analysis, and a market
analysis will be completed to evaluate the existing conditions and assist in the development of policies,
programs, and a land use plan for the Specific Plan area. ArJ economic study will be necessary to
evaluate the proposed land use plan and the fiscal impacts to the City. The market and economic
analysis are critical components in the preparation of the Specific Plan. Therefore, Staff requests that
the consultant indicate how these components will be addressed and identify the timing for completion
of these components.
RFP for the General Plan Community Design Element and Downtown Dublin Specific Plan
2 of 10
Purpose and Role of the Community Desi2n Element (Task I)
The Community Design Element will address a variety of land uses, and provide a guiding design vision
for future development Citywide. The Community Design Element will form the baseline for future
planning efforts, including the proposed Design Guidelines for Downtown Dublin, and the proposed
Downtown Dublin Specific Plan.
" (.
A/.'J'j"'.<;;.\:"
~;" '4
The Community Design Element will address design for a variety of land uses as well as transit oriented
development, and development within village areas identified by the City Council. The City envisions
this document to include a variety of graphic illustrations to support key design principles. The
Community Design Element should promote creativity and allow for flexibility in its application to
specific projects. The Community Design Element will be used by public hearing bodies, City Staff,
property owners, developers and architects.
Purpose and Role of the Downtown Dublin Specific Plan (Task II)
The Downtown Dublin Specific Plan (DDSP) will foster development and redevelopment of the
downtown area in conjunction with the West Dublin/Pleasanton Bay Area Rapid Transit (BART) station
that is currently under construction. The DDSP will encourage development in the downtown area that
takes advantage of the transportation opportunity presented by the new BART station, maintain and
enhance the sales tax base of the downtown area, and encourage a mix of existing "big box" retail uses,
and smaller retail, service, office, and mixed use development.
The Design Guidelines would be incorporated into the final Specific Plan when the Specific Plan is
adopted.
Purpose and Role of Desi2n Guidelines for Downtown Dublin (Task III)
The Design Guidelines will be a graphically based document that implements the policies of the
Community Design Element in the Downtown Dublin Specific Plan project area. The Design
Guidelines will provide a framework to create an overall character and design consistency throughout
the downtown area. As such, the Design Guidelines will guide site planning and architecture. The
Design Guidelines will encourage diverse architectural designs and an innovative use of high quality
materials.
The Design Guidelines will address specific guidelines for a variety of land uses and development types
including, transit oriented development, pedestrian oriented development, retail, office, mixed use,
suburban retail development, and residential. The Design Guidelines should also address signage, and
other non-building elements such as streetscape themes, enhanced paving, and project identification
monuments that could be introduced to provide visual recognition to the downtown area.
The Design Guidelines should be a formed based document with a focus toward building placement,
building massing, architectural treatment, site planning, and connectivity to the public right-of-way and
to other properties. These guidelines could be implemented prior to completion of the Specific Plan. If
the guidelines are implemented prior to the completion of the Specific Plan, an overlay district would be
created and such properties within the project boundary would be subject to the Design Guidelines.
Scope of Work Requirements
The City of Dublin desires to retain the services of a firm that is well versed in the preparation of
General Plan elements, Specific Plans, Design Guidelines, and associated environmental review.
RFP for the General Plan Community Design Element and Downtown Dublin Specific Plan
3 of 10
Overall Project:
~ Review background information including the General Plan, Specific Plans (Eastern Dublin,
Downtown Core, Dublin Downtown Plan, West Dublin BART, Village Parkway, San Ramon
Road, and the Dublin Village Historic Area Specific Plan), Parks and Recreation Master Plan,
Streetscape Master Plan, proposed Bikeways Master Plan, and Village Policy to ensure cohesion
between these plans and the Community Design Element and the Downtown Dublin Specific
Plan.
~ Review existing conditions and historic development patterns.
Ljof;,,::;
Community Design Element:
y Create an overall design vision and clearly convey the vision and overall purpose of the Design
Element to prospective users.
~ Illustrate key design principles through graphics, exhibits, and photographs.
~ Address design policies for a variety of land uses including residential, commercial, and
industrial uses. Consideration should also be given to transit oriented development, and
development within village locations identified by the City Council. These design elements
should be flexible and adaptive to individual development circumstances and allow for and
promote creativity.
~ Identify concepts that create a sense of place and provide linkages between uses at a human-scale
and with pedestrian orientation.
~ Present clear principles and priorities and include guiding policies and implementation measures.
Downtown Dublin Specific Plan:
~ Complete opportunities/constraints assessment for the public and the private realm to help guide
with the land use study ofthe specific plan area.
y Create a specific plan that is consistent with State regulations and includes, but is not limited to,
the following sections:
o Introduction, Purpose, and Project Location
o Land Use Plan
o Infrastructure and Maintenance
o Administration and Implementation
o Design Guidelines (as noted below)
~ Complete a market feasibility analysis to assist with the preparation of policies, programs, and
the proposed land use plan.
~ Complete an economic study to evaluate the proposed land use plan and to identify fiscal
impacts to the City.
~ Identification of permitted and conditionally permitted uses and appropriate locations of such
uses.
Design Guidelines:
~ Complete opportunities/constraints assessment for the public and the private realm.
~ Complete a market feasibility analysis to assist with the preparation of the design guidelines.
~ Illustrate key design guidelines through graphics, exhibits, and photographs.
~ Present guidelines for site plans, including site layout, screening, character, and transition
between uses.
RFP for the General Plan Community Design Element and Downtown Dublin Specific Plan
4 of 10
50.( A'[;
~ Present guidelines for building design, including building form, massing, articulation,
architecture, materials and finishes, and compatibility with surrounding buildings.
~ Illustrate guidelines for signs; including building mounted signs, freestanding signs, and way
finding signs, etc.
~ Identify concepts that create a sense of place and provide linkages between uses at a human-scale
and with pedestrian orientation. This may include pavement treatment, signs, and streetscape
elements, etc.
Work Product
Community Design Element:
~ Study Session 1: Facilitate a joint Study Session with the Planning Commission and City
Council to solicit initial input regarding all 3 tasks of the project which includes: 1) the
Community Design Element; 2) the Downtown Dublin Specific Plan; and 3) Design Guidelines.
~ Working document at key phases in preparation of the Community Design Element, including
the following:
o Initial document framework, and design vision and principles (Seven (7) hardcopies and one
(1) electronic copy).
o Proposed graphics, exhibits, and photographs that illustrate the vision and design principles
(Seven (7) hardcopies and one (1) electronic copy).
o Administrative Draft of the Community Design Element for Staff review and comment
(Seven (7) hardcopies and one (1) electronic copy).
~ Prepare amendments to the General Plan as necessary to ensure that the Community Design
Element is consistent with the other Elements of the General Plan.
~ Community Meeting: Facilitate one community meeting (or additional meetings if consultant
feels warranted) and present the draft Community Design Element to property owners,
developers, residents, and other interested parties, and solicit their input.
y Study Session 2: Facilitate a joint Study Session with the Planning Commission and City
Council to present the draft Community Design Element.
~ Final Draft Community Design Element incorporating input from the Study Session, Community
Meeting and Staff input (40 hardcopies, one (1) photo ready copy, and one (1) electronic copy).
~ Attendance at and presentations of the Community Design Element to the Planning Commission
and City Council at public hearings.
Downtown Dublin Specific Plan:
~ Study Session 1: Facilitate a joint Study Session with the Planning Commission and City
Council to elicit initial input regarding all 3 phases of the project which includes: 1) the
Community Design Element; 2) the Downtown Dublin Specific Plan; and 3) Design Guidelines.
~ Community Meeting 1: Facilitate a walking tour or other means to solicit input from property
owners, developers, residents, and other interested parties regarding the existing conditions,
concepts for the Design Guidelines, the Specific Plan land use plan, and to form a task force of a
core group of citizens to help guide the creation of the Design Guidelines and the Downtown
Dublin Specific Plan Land Use Map.
~ Working document at key phases in preparation of the Downtown Dublin Specific Plan,
including the following:
o Opportunities/constraints analysis
o Initial document framework and policies (Seven (7) hardcopies and one (1) electronic copy)
RFP for the General Plan Community Design Element and Downtown Dublin Specific Plan
5 of 10
o Economic Study
o Conceptual Land Use Plan
o Conceptual infrastructure Plan
o Administrative Draft of the Downtown Dublin Specific Plan (DDSP) for Staff review and
comment (Seven (7) hardcopies and one (1) electronic copy)
~ Task Force Meeting 1: Facilitate a Task Force Meeting and present the concepts for the creation
of the DDSP Land Use Map and seek input to help create this map.
~ Task Force Meeting 2: Facilitate a second Task Force Meeting and present the draft DDSP Land
Use Map for review and input.
~ Task Force Meeting 3: Facilitate a third Task Force Meeting and present the revised DDSP Land
Use Map based on feedback from previous task force meetings and from Staff.
~ Prepare amendments to the General Plan as necessary to ensure that the DDSP is consistent with
the General Plan.
~ Community Meeting 2: Facilitate a Community Meeting and present draft DDSP to property
owners, developers, residents, and other interested parties, and solicit their input.
~ Study Session 2: Facilitate a joint Study Session with the Planning Commission and City
Council to present the draft DDSP. The consultant has the option to present the draft Design
Guidelines at this Study Session.
~ Final Draft DDSP incorporating input from the Study Session, Community Meeting and Staff
input (40 hardcopies, one (1) photo ready copy, and one (1) electronic copy).
~ Attendance at and presentations of the Downtown Dublin Specific Plan and environmental
document to the Planning Commission and City Council at public hearings.
ttJ
Design Guidelines:
~ Study Session 1: Facilitate a joint Study Session with the Planning Commission and City
Council to elicit initial input regarding all 3 tasks of the project which includes: 1) the
Community Design Element; 2) the Downtown Dublin Specific Plan; and 3) Design Guidelines.
~ Community Meeting 1: Facilitate a walking tour or other means to solicit input from property
owners, developers, residents, and other interested parties regarding the existing conditions,
concepts for the Design Guidelines, the Specific Plan land use plan, and to form a task force or
other type group to solicit community input to help guide the creation of the Design Guidelines
and Downtown Dublin Specific Plan Land Use Map.
~ Working document at key phases in preparation of the Design Guidelines, including the
following:
o Initial document framework, principles, and guidelines (Seven (7) hardcopies and one (1)
electronic copy).
o Proposed graphics, exhibits, and photographs that illustrate the guidelines and principles
(Seven (7) hardcopies and one (1) electronic copy).
o Administrative Draft of the Design Guidelines for Staff review and comment (Seven (7)
hardcopies and one (1) electronic copy).
~ Task Force Meeting 1: Facilitate a Task Force Meeting and present the framework for the
Design Guidelines.
~ Task Force Meeting 2: Facilitate a second Task Force Meeting and present the draft guidelines
and principles of the Design Guidelines for further review and input.
~ Task Force Meeting 3: Facilitate a third Task Force Meeting and present the revised draft
guidelines based on feedback from previous task force meetings and from Staff.
RFP for the General Plan Community Design Element and Downtown Dublin Specific Plan
6 of 10
7cr? f J
~ Prepare amendments to the Zoning Ordinance and eXlstmg Specific Plans as necessary to
implement overlay district for properties within the project boundary that would be subject to the
Design Guidelines.
~ Community Meeting 2: Facilitate a community meeting and present the draft Design Guidelines
to property owners, developers, residents, and other interested parties, and solicit their input.
The consultant has the option to present the revised conceptual land use plan created as part of
the Specific Plan at this Community Meeting.
~ Study Session 2: Facilitate a joint Study Session with the Planning Commission and City
Council to present the draft Design Guidelines. The consultant has the option to present the
Downtown Dublin Specific Plan at this joint Study Session.
~ Final Draft Design Guidelines incorporating input from the Study Session, Community Meeting
and Staff input (40 hardcopies, one (1) photo ready copy, and one (1) electronic copy).
~ Attendance at and presentations of the Design Guidelines to the Planning Commission and City
Council at public hearings.
As described above, the City anticipates that all 3 phases will have some overlap. Please describe how
all three tasks would be accomplished in relation to one another and what would be accomplished for
each task if there are joint/community/task force meetings that address multiple tasks (Community
Design Element, Downtown Dublin Specific Plan, and Design Guidelines).
Environmental Review
Present the approach that will be used to address environmental review in accordance with the
California Environmental Quality Act. Please include all tasks necessary and identify the associated
cost and timeframe to complete the necessary tasks associated with CEQA review.
Or2anization of Proposal
The organization of proposals is described in this section of the RFP. This format must be followed by
all potential consultants.
Introduction
A general introduction and description of the proposed approach and methodology shall be provided.
The format of the introduction and description of the approach is at the discretion of the consultant.
Scope of Work
Describe the work program to accomplish the approach described above. The work program should
address the issues identified in the Scope of Work Requirements and Work Product sections of this RFP
and shall provide a detailed description of the work to be accomplished. The organization of the specific
work activities in the plan of study should be as follows:
TASK: ArJ overview of a related group of subtasks or activities. Normally one or two
sentences.
SUBT ASK: A detailed description of the work, including the methodology to be performed.
Generally one to five paragraphs depending upon the complexity of the activities
described in the subtask.
OUTPUT: A description of what the result of this particular activity or subtask is. Generally one
sentence.
SCHEDULE: A delivery date for this particular activity or subtask.
COST: Cost to obtain identified output.
RFP for the General Plan Community Design Element and Downtown Dublin Specific Plan
7 of 10
<601:1 t:
The task, subtask, output, cost format should be repeated throughout the plan of study until all of the
proposed work has been described in detail.
Schedule
Describe the time schedule for each proposed task and subtask described in the Scope of Work above.
Proposed work periods and completion dates, as well as the anticipated meeting dates should also be
identified. The proposed project schedule should be provided in a timeline chart.
Personnel, Equipment and Facilities
Describe the activities of the designated Project Manager, and lead and supporting personnel. Provide
resumes for those named, including their qualifications (education and experience), and their
relationship and cost to the proposed project activities. If there is a team of consultants, the lead
consultant should be clearly designated. All sub-consultants shall be billed through the lead consultant.
The City will require that no personnel changes will be made during the project without City approval.
Subconsultants
List all subconsultants proposed for this project.
responsibilities.
Include their qualifications and specific
Qualifications and References
Provide a description of your firm's qualifications, a list of similar completed project and examples of
such completed project. Include a list of references.
Fee Schedule
List the fees associated with each task that is assigned to the project.
Statement of Offer and Signature
The proposal shall be signed by an individual authorized to bind the consultant, shall contain a statement
to the effect that the proposal is a firm offer for a 60-day period, and shall contain a statement that the
proposed work will be performed at the "not-to-exceed" price.
Criteria for Proposal Acceptance
Primary consideration will be given to the general appropriateness of the proposal for the project, the
technical competence and creative ability of the consultants (as described in the proposal), the
experience of the consultant in projects of a similar nature, references, and the firm's willingness to
work closely with City Staff. The City reserves the right to reject all proposals that are inappropriate or
inadequate.
The City reserves the right to invite the top candidates for an oral interview, or to request additional
clarifying information. The highest rated firm may be invited to negotiate a final agreement. If an
agreement is not reached, negotiations may be terminated and commenced with the next most qualified
firm. The recommendation of the Planning Division will be submitted by the City Council for award of
contract.
RFP for the General Plan Community Design Element and Downtown Dublin Specific Plan
8 of 10
Limitations
t/O!2
~ All reports and pertinent data or materials shall be the sole property of the City of Dublin, and may
not be used or reproduced in any form without the explicit written permission of the City.
~ The City reserves the right to extend the time allotted for the proposal, to examine verbally the
bidder in person, request copies of previous work prepared by the consultant and to request a best
and final offer, should the City deem that it is in its best interests to do so.
~ This RFP does not commit the City to award a contract, or to pay any costs incurred in the
preparation of the proposal. The City reserves the right to accept or reject any or all proposals
received as a result of this request, to negotiate with any qualified consultant, or to cancel this
request in part or in its entirety. The City may require the selected consultant to participate in
negotiations and to submit such technical, price, or other revisions of their proposals as may result
from negotiations.
Submittal Deadline
Please submit seven (7) copies and one photo ready copy of your proposal by no later than 5 :00 p.m. on
Friday, January 5, 2007. The consultant that is selected for this contract will be required to submit 25
copies of the proposal prior to the City Council Meeting to award the contract. If you have any
questions about this RFP, please contact Jeff Baker, Senior Planner, at 925-833-6610.
Enclosed is a copy of the City's Standard Consultant Services Agreement for your reference and review
(Attachment 2).
Please note: In accordance with California Public Code section 20103.6, potential responders are
notified that the contract that will be awarded to the successful responder will include the following
provision: Consultant shall indemnify, defend with counsel selected by the City, and hold harmless the
City and its officials, officers, employees, agents, and volunteers from and against any and all losses,
liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily
injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or
ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or
omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held
strictly liable, or by the quality or character of their work. The foregoing obligation of Consultant shall
not apply when (1) the injury, loss oflife, damage to property, or violation oflaw arises wholly from the
negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the
actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury,
loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to
indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California
Civil Code. Acceptance by City of insurance certificates and endorsements required under this
Agreement does not relieve Consultant from liability under this indemnification and hold harmless
clause. This indemnification and hold harmless clause shall apply to any damages or claims for
damages whether or not such insurance policies shall have been determined to apply. By execution of
this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a
material element of consideration.
Notwithstanding the foregoing, to the extent that this Agreement is a "construction contract" as defined
in California Civil Code section 2783, as amended from time to time, such duty to indemnify shall not
apply when to do so would be prohibited by California Code section 2782.
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services
under this Agreement is determined by a court of competent jurisdiction or the California Public
RFP for the General Plan Community Design Element and Downtown Dublin Specific Plan
9 of 10
/0 CJ l
Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City,
Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or
employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or
subcontractors, as well as for the payment of any penalties and interest on such contributions, which
would otherwise be the responsibility of City.
The City of Dublin mav re;ect anv and all proposals.
Attachments:
1. Vicinity Map for the Downtown Dublin Specific Plan
2. City's Standard Consulting Services Agreement
G:\P A#\2006\06-045 Community Design Element\RFP - CDE-DCSP.doc
RFP for the General Plan Community Design Element and Downtown Dublin Specific Plan
10 of 10
/101 -~
Vicinity Map
Downtown Dublin Specific Plan General Project Area
I
/) of
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
THIS AGREEMENT for consulting services is made by and between the City of Dublin ("City") and
("Consultant") as of i.
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant
shall provide to City the services described in the Scope of Work attached as L\ at the time and
place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms
of this Agreement and :'; '. the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the date first noted above
and shall end on i_,i, and Consultant shall complete the work described in
h prior to that date, unless the term of the Agreement is otherwise terminated or
extended, as provided for in Section 8. The time provided to Consultant to complete the
services required by this Agreement shall not affect the City's right to terminate the
Agreement, as provided for in Section 8.
1.2 Standard of Performance. Consultant shall perform all services required pursuant to this
Agreement in the manner and according to the standards observed by a competent
practitioner of the profession in which Consultant is engaged in the geographical area in
which Consultant practices its profession. Consultant shall prepare all work products
required by this Agreement in a substantial, first-class manner and shall conform to the
standards of quality normally observed by a person practicing in Consultant's profession.
1.3 Assianment of Personnel. Consultant shall assign only competent personnel to perform
services pursuant to this Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons,
Consultant shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance
provided in Section 1.1 above and to satisfy Consultant's obligations hereunder.
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed \,(\(
thousand dollars ($;1), notwithstanding any contrary indications that may be contained in Consultant's
proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event
of a conflict between this Agreement and Consultant's proposal, attached as regarding the
amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered
pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below
shall be the only payments from City to Consultant for services rendered pursuant to this Agreement.
Consultant shall submit all invoices to City in the manner specified herein. Except as specifically
authorized by City, Consultant shall not bill City for duplicate services performed by more than one person.
Consulting Services Agreement between
City of Dublin and Page 1 of 14
)
1-""..
/ ,'1
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this
Agreement is based upon Consultant's estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Consultant Consequently, the parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agreement
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the
term of this Agreement, based on the cost for services performed and reimbursable costs
incurred prior to the invoice date. Invoices shall contain the following information:
· Serial identifications of progress bills; Le., Progress Bill NO.1 for the first invoice,
etc.;
· The beginning and ending dates of the billing period;
· A Task Summary containing the original contract amount, the amount of prior
billings, the total due this period, the balance available under the Agreement, and
the percentage of completion;
· At City's option, for each work item in each task, a copy of the applicable time
entries or time sheets shall be submitted showing the name of the person doing
the work, the hours spent by each person, a brief description of the work, and
each reimbursable expense;
· The total number of hours of work performed under the Agreement by Consultant
and each employee, agent, and subcontractor of Consultant performing services
hereunder, as well as a separate notice when the total number of hours of work by
Consultant and any individual employee, agent, or subcontractor of Consultant
reaches or exceeds 800 hours, which shall include an estimate of the time
necessary to complete the work described in -
· The Consultant's signature.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have 30 days from the receipt of an invoice that complies with all of the requirements
above to pay Consultant
2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this
Agreement within sixty (60) days after completion of the services and submittal to City of a
final invoice, if all services required have been satisfactorily performed.
2.4 Additional Services. City shall make no payment for any extra, further or additional
services pursuant to this Agreement unless such extra service and the price therefore is
agreed to in writing, executed by the City Manager or other designated official of the City
authorized to obligate City thereto prior to the time such extra service is rendered and in no
event shall such change order exceed twenty-five percent (25%) of the initial contract
price.
Consulting Services Agreement between
City of Dublin and Page 2 of 14
I
l'fo,!;!
2.5 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to
this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
incurred by Consultant in rendering services pursuant to this Agreement. City shall make
no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for the entire Agreement,
unless the Agreement is modified prior to the submission of suchan invoice by a properly
executed change order or amendment.
2.6 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed
the amounts shown on the following fee schedule:
2.7 Reimbursable Expenses. Reimbursable expenses are included in the total amount of
compensation provided under this Agreement that shall not be exceeded.
2.8 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.9 Payment upon Termination. In the event that the City or Consultant terminates this
Agreement pursuant to Section 8, the City shall compensate the Consultant for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed as
of the date of written notice of termination. Consultant shall maintain adequate logs and
timesheets in order to verify costs incurred to that date.
2.10 Authorization to Perform Services. The Consultant is not authorized to perform any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole
cost and expense, provide all facilities and equipment that may be necessary to perform the services
required by this Agreement. City shall make available to Consultant only the facilities and equipment listed
in this section, and only under the terms and conditions set forth herein.
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be
reasonably necessary for Consultant's use while consulting with City employees and reviewing records and
the information in possession of the City. The location, quantity, and time of furnishing those facilities shall
be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve
incurring any direct expense, including but not limited to computer, long-distance telephone or other
communication charges, vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement,
Consultant, at its own cost and expense, shall procure "occurrence coverage" insurance against claims for
injuries to persons or damages to property that may arise from or in connection with the performance of the
Consulting Services Agreement between
City of Dublin and Page 3 of 14
/?Of~5-
work hereunder by the Consultant and its agents, representatives, employees, and subcontractors.
Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this
section and under forms of insurance satisfactory in all respects to the City. Consultant shall maintain the
insurance policies required by this section throughout the term of this Agreement. The cost of such
insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to
commence work on any subcontract until Consultant has obtained all insurance required herein for the
subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be
submitted and made part of this Agreement prior to execution.
4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain
Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any
and all persons employed directly or indirectly by Consultant. The Statutory Workers'
Compensation Insurance and Employer's Liability Insurance shall be provided with limits of
not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative,
Consultant may rely on a self-insurance program to meet those requirements, but only if
the program of self-insurance complies fully with the provisions of the California Labor
Code. Determination of whether a self-insurance program meets the standards of the
Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if
insurance is provided, or the Consultant, if a program of self-insurance is provided, shall
waive all rights of subrogation against the City and its officers, officials, employees, and
volunteers for loss arising from work performed under this Agreement.
An endorsement shall state that coverage shall not be suspended, voided, canceled by
either party, reduced in coverage or in limits, except after thirty (30) days' prior written
notice by certified mail, return receipt requested, has been given to the City.
4.2 Commercial General and Automobile Liabilitv Insurance.
4.2.1 General reauirements. Consultant, at its own cost and expense, shall maintain
commercial general and automobile liability insurance for the term of this
Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00)
per occurrence, combined single limit coverage for risks associated with the work
contemplated by this Agreement. If a Commercial General Liability Insurance or an
Automobile Liability form or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to the work to be
performed under this Agreement or the general aggregate limit shall be at least
twice the required occurrence limit. Such coverage shall include but shall not be
limited to, protection against claims arising from bodily and personal injury,
including death resulting therefrom, and damage to property resulting from
activities contemplated under this Agreement, including the use of owned and non-
owned automobiles.
4.2.2 Minimum scope of coveraQe. Commercial general coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form
CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73)
Consulting Services Agreement between
City of Dublin and Page 4 of 14
1', ~...
/60
covering comprehensive General Liability and Insurance Services Office form
number GL 0404 covering Broad Form Comprehensive General Liability.
Automobile coverage shall be at least as broad as Insurance Services Office
Automobile Liability form CA 0001 (ed. 12/90) Code 1 ("any auto"). No
endorsement shall be attached limiting the coverage.
4.2.3 Additional requirements. Each of the following shall be included in the
insurance coverage or added as an endorsement to the policy:
a. City and its officers, employees, agents, and volunteers shall be covered
as insured$ with respect to each of the following: liability arising out of
activities performed by or on behalf of Consultant, including the insured's
general supervision of Consultant; products and completed operations of
Consultant; premises owned, occupied, or used by Consultant; and
automobiles owned, leased, or used by the Consultant. The coverage
shall contain no special limitations on the scope of protection afforded to
City or its officers, employees, agents, or volunteers.
b. The insurance shall cover on an occurrence or an accident basis, and not
on a claims-made basis.
c. An endorsement must state that coverage is primary insurance with
respect to the City and its officers, officials, employees and volunteers,
and that no insurance or self-insurance maintained by the City shall be
called upon to contribute to a loss under the coverage.
d. Any failure of CONSULTANT to comply with reporting provisions of the
policy shall not affect coverage provided to CITY and its officers,
employees, agents, and volunteers.
e. An endorsement shall state that coverage shall not be suspended, voided,
canceled by either party, reduced in coverage or in limits, except after
thirty (30) days' prior written notice by certified mail, return receipt
requested, has been given to the City.
4.3 Professional Liabilitv Insurance. Consultant, at its own cost and expense, shall
maintain for the period covered by this Agreement professional liability insurance for
licensed professionals performing work pursuant to this Agreement in an amount not less
than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals' errors
and omissions.
4.3.1 Any deductible or self-insured retention shall not exceed $150,000 per claim.
4.3.2 An endorsement shall state that coverage shall not be suspended, voided,
canceled by either party, reduced in coverage or in limits, except after thirty (30)
Consulting Services Agreement between
City of Dublin and, Page 5 of 14
17of,;{b
days' prior written notice by certified mail, return receipt requested, has been given
to the City.
4.3.3 The policy must contain a cross liability or severability of interest clause.
4.3.4 The following provisions shall apply if the professional liability coverages are
written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the
date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be
provided for at least five years after completion of the Agreement or the
work, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another
claims-made policy form with a retroactive date that precedes the date of
this Agreement, Consultant must provide extended reporting coverage for
a minimum of five years after completion of the Agreement or the work.
The City shall have the right to exercise, at the Consultant's sole cost and
expense, any extended reporting provisions of the policy, if the Consultant
cancels or does not renew the coverage.
d. A copy of the claim reporting requirements must be submitted to the City
prior to the commencement of any work under this Agreement.
4.4 All Policies Requirements.
4.4.1 Acceptabilitv of insurers. All insurance required by this section is to be placed
with insurers with a Bests' rating of no less than A:VII.
4.4.2 Verification of coveraQe. Prior to beginning any work under this Agreement,
Consultant shall furnish City with certificates of insurance and with original
endorsements effecting coverage required herein. The certificates and
endorsements for each insurance policy are to be signed by a person authorized
by that insurer to bind coverage on its behalf. The City reserves the right to
require complete, certified copies of all required insurance policies, at any time.
4.4.3 Subcontractors. Consultant shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
4.4.4 Variation. The City may approve a variation in the foregoing insurance
requirements, upon a determination that the coverages, scope, limits, and forms of
Consulting Services Agreement between
City of Dublin and Page 6 of 14
17
/tgp/';lC
such insurance are either not commercially available, or that the City's interests
are otherwise fully protected.
4.4.5 Deductibles and Self.lnsured Retentions. Consultant shall disclose to and
obtain the approval of City for the self-insured retentions and deductibles before
beginning any of the services or work called for by any term of this Agreement.
During the period covered by this Agreement, only upon the prior express written
authorization of Contract Administrator, Consultant may increase such deductibles
or self-insured retentions with respect to City, its officers, employees, agents, and
volunteers. The Contract Administrator may' condition approval of an increase in
deductible or self-insured retention levels with a requirement that Consultant
procure a bond, guaranteeing payment of losses and related investigations, claim
administration, and defense expenses that is satisfactory in all respects to each of
them.
4.4.6 Notice of Reduction in Coveraae. In the event that any coverage required by
this section is reduced, limited, or materially affected in any other manner,
Consultant shall provide written notice to City at Consultant's earliest possible
opportunity and in no case later than five days after Consultant is notified of the
change in coverage.
4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide
or maintain any insurance policies or policy endorsements to the extent and within the time
herein required, City may, at its sole option exercise any of the following remedies, which
are alternatives to other remedies City may have and are not the exclusive remedy for
Consultant's breach:
· Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
· Order Consultant to stop work under this Agreement or withhold any payment that
becomes due to Consultant hereunder, or both stop work and withhold any payment,
until Consultant demonstrates compliance with the requirements hereof; and/or
· Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall
indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers,
employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions,
damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to
property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole
or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees,
subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character
of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage
Consulting Services Agreement between
City of Dublin and Page 7 of 14
/1[i
to property, or violation of law arises wholly from the negligence or willful misconduct of the City or its
officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees,
subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or
violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the
duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance
certificates and endorsements required under this Agreement does not relieve Consultant from liability
under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall
apply to any damages or claims for damages whether or not such insurance policies shall have been
determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the
provisions of this Section and that it is a material element of consideration.
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services
under this Agreement is determined by a court of competent jurisdiction or the California Public Employees
Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions
for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the
payment of any penalties and interest on such contributions, which would otherwise be the responsibility of
City.
Section 6.
6.1
6.2
Section 7.
7.1
STATUS OF CONSULTANT.
Independent Contractor. At all times during the term of this Agreement, Consultant shall
be an independent contractor and shall not be an employee of City. City shall have the
right to control Consultant only insofar as the results of Consultant's services rendered
pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3;
however, otherwise City shall not have the right to control the means by which Consultant
accomplishes services rendered pursuant to this Agreement. Notwithstanding any other
City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant
and any of its employees, agents, and subcontractors providing services under this
Agreement shall not qualify for or become entitled to, and hereby agree to waive any and
all claims to, any compensation, benefit, or any incident of employment by City, including
but not limited to eligibility to enroll in the California Public Employees Retirement System
(PERS) as an employee of City and entitlement to any contribution to be paid by City for
employer contributions and/or employee contributions for PERS benefits.
Consultant No Agent. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Consultant shall have no authority, express or implied, pursuant to this Agreement
to bind City to any obligation whatsoever.
LEGAL REQUIREMENTS.
Governing Law. The laws of the State of California shall govern this Agreement.
Consulting Services Agreement between
City of Dublin and Page 8 of 14
. A.
;0 c;!?
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with
all laws applicable to the performance of the work hereunder.
7.3 Other Governmental ReQulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Consultant and any subcontractors
shall comply with all applicable rules and regulations to which City is bound by the terms of
such fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and
its employees, agents, and any subcontractors have all licenses, permits, qualifications,
and approvals of whatsoever nature that are legally required to practice their respective
professions. Consultant represents and warrants to City that Consultant and its
employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect
at all times during the term of this Agreement any licenses, permits, and approvals that are
legally required to practice their respective professions. In addition to the foregoing,
Consultant and any subcontractors shall obtain and maintain during the term of this
Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the
basis of a person's race, religion, color, national origin, age, physical or mental handicap or
disability, medical condition, marital status, sex, or sexual orientation, against any
employee, applicant for employment, subcontractor, bidder for a subcontract, or participant
in, recipient of, or applicant for any services or programs provided by Consultant under this
Agreement. Consultant shall comply with all applicable federal, state, and local laws,
policies, rules, and requirements related to equal opportunity and nondiscrimination in
employment, contracting, and the provision of any services that are the subject of this
Agreement, including but not limited to the satisfaction of any positive obligations required
of Consultant thereby.
Consultant shall include the provisions of this Subsection in any subcontract approved by
the Contract Administrator or this Agreement.
Section 8.
TERMINATION AND MODIFICATION.
8.1
Termination. City may cancel this Agreement at any time and without cause upon written
notification to Consultant.
Consultant may cancel this Agreement upon 30 days' written notice to City and shall
include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for services
performed to the effective date of termination; City, however, may condition payment of
such compensation upon Consultant delivering to City any or all documents, photographs,
computer software, video and audio tapes, and other materials provided to Consultant or
prepared by or for Consultant or the City in connection with this Agreement.
Consulting Services Agreement between
City of Dublin and Page 9 of 14
n j
'1{ l"')
(?( 0 -t cA
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this
Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a
written amendment to this Agreement, as provided for herein. Consultant understands and
agrees that, if City grants such an extension, City shall have no obligation to provide
Consultant with compensation beyond the maximum amount provided for in this
Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no
obligation to reimburse Consultant for any otherwise reimbursable expenses incurred
during the extension period.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the
parties.
8.4 Assi~nment and Subcontractin~. City and Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a
determination of Consultant's unique personal competence, experience, and specialized
personal knowledge. Moreover, a substantial inducement to City for entering into this
Agreement was and is the professional reputation and competence of Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator. Consultant shall not subcontract any portion of the
performance contemplated and provided for herein, other than to the subcontractors noted
in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between City and Consultant shall survive
the termination of this Agreement.
8.6 Options upon Breach bv Consultant. If Consultant materially breaches any of the terms
of this Agreement, City's remedies shall included, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any
other work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not
finished by Consultant; or
8.6.4 Charge Consultant the difference between the cost to complete the work
described in Exhibit A that is unfinished at the time of breach and the amount that
City would have paid Consultant pursuant to Section 2 if Consultant had
completed the work.
Section 9.
KEEPING AND STATUS OF RECORDS.
Consulting Services Agreement between
City of Dublin and Page 10 of 14
cJ? () f;;.t;
9.1 Records Created as Part of Consultant's Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications,
records, files, or any other documents or materials, in electronic or any other form, that
Consultant prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the City. Consultant hereby agrees to deliver
those documents to the City upon termination of the Agreement. It is understood and
agreed that the documents and other materials, including but not limited to those described
above, prepared pursuant to this Agreement are prepared specifically for the City and are
not necessarily suitable for any future or other use. City and Consultant agree that, until
final approval by City, all data, plans, specifications, reports and other documents are
confidential and will not be released to third parties without prior written consent of both
parties.
9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books
of account, invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for services or expenditures and disbursements charged
to the City under this Agreement for a minimum of three (3) years, or for any longer period
required by law, from the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this
Agreement requires Consultant to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of
the City. Under California Government Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the
Agreement shall be subject to the examination and audit of the State Auditor, at the
request of City or as part of any audit of the City, for a period of three (3) years after final
payment under the Agreement.
Section 10 MISCELLANEOUS PROVISIONS.
10.1 Attornevs' Fees. If a party to this Agreement brings any action, including an action for
declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing
party shall be entitled to reasonable attorneys' fees in addition to any other relief to which
that party may be entitled. The court may set such fees in the same action or in a
separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this
Agreement, the parties agree that trial of such action shall be vested exclusively in the
state courts of California in the County of Alameda or in the United States District Court for
the Northern District of California.
10.3 Severabilitv. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so
adjudged shall remain in full force and effect. The invalidity in whole or in part of any
Consulting Services Agreement between
City of Dublin and!( Page 11 of 14
/3olJb
provision of this Agreement shall not void or affect the validity of any other provision of this
Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this
Agreement does not constitute a waiver of any other breach of that term or any other term
of this Agreement.
10.5 Successors and AssiQns. The provisions of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written
studies and other printed material on recycled paper to the extent it is available at equal or
less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within
the corporate limits of City or whose business, regardless of location, would place
Consultant in a "conflict of interest," as that term is defined in the Political Reform Act,
codified at California Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this
Agreement. No officer or employee of City shall have any financial interest in this
Agreement that would violate California Government Code Sections 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12)
months, an employee, agent, appointee, or official of the City. If Consultant was an
employee, agent, appointee, or official of the City in the previous twelve months,
Consultant warrants that it did not participate in any manner in the forming of this
Agreement. Consultant understands that, if this Agreement is made in violation of
Government Code 91090 et.seq., the entire Agreement is void and Consultant will not be
entitled to any compensation for services performed pursuant to this Agreement, including
reimbursement of expen?es, and Consultant will be required to reimburse the City for any
sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it
may be subject to criminal prosecution for a violation of Government Code 91090 and, if
applicable, will be disqualified from holding public office in the State of California.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or
interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by Julie Carter,
Assistant to the City Manager ("Contract Administrator"). All correspondence shall be
directed to or through the Contract Administrator or his or her designee.
1 0.1 0 Notices. Any written notice to Consultant shall be sent to:
Consulting Services Agreement between
City of Dublin and .' ,\ Page 12 of 14
7J.1 f .......--
d7(J t;;~
Any written notice to City shall be sent to:
Jeff Baker
Senior Planner
City of Dublin Community Development Department
100 Civic Plaza
Dublin, CA 94568
10.11 Professional Seal. Where applicable in the determination of the contract administrator,
the first page of a technical report, first page of design specifications, and each page of
construction drawings shall be stamped/sealed and signed by the licensed professional
responsible for the reporUdesign preparation. The stamp/seal shall be in a block entitled
"Seal and Signature of Registered Professional with reporUdesign responsibility," as in the
following example.
Seal and Signature of Registered Professional with
reporUdesign responsibility.
10.12 InteQration. This Agreement, including the scope of work attached hereto and
incorporated herein as' represents the entire and integrated agreement between
City and Consultant and supersedes all prior negotiations, representations, or agreements,
either written or oral.
CITY OF DUBLIN
CONSULTANT
Janet Lockhart, Mayor
1 rT18. ~,
Attest:
Fawn Holman, City Clerk
Approved as to Form:
Elizabeth Silver, City Attorney
Consulting Services Agreement between
City of Dublin and Page 13 of 14
;( 'Df) I;!.
EXHIBIT A
SCOPE OF SERVICES
Consulting Services Agreement between
City of Dublin and Page 14 of 14
Fpbruary ;~~:< 2C /