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HomeMy WebLinkAboutItem 6.3 General Plan Consult Select ,. CITY OF DUBLIN ~(QO -31{) AGENDA STATEMENT MEETING DATE: March 14, 1983 SUBJECT General Plan Consultant Selection EXHIBITS ATTACHED Agreement; Preliminary Schedule; Proposal /7/~~'>'" .. ~ 2) 1) Authorize City Manager to execute agreement with Blayney-Dyett for General Plan Consulting Services Authorize an additional appropriation from the Street Improvement Reserve to the Planning Account in the amount of $40,000 RECOMMENDATION FINANCIAL STATEMENT: Total cost of consulting services not to exceed $96,600, except as provided in agreement. Estimated cost for Fiscal Year 1982-83 - $40,000. An additional appropriation will be required. DESCRIPTION At its meeting of October 25, 1982, the Dublin City Council approved the General Plan Work Program recommended by the Planning Commission and the City Staff and authorized Staff to proceed with the consul tant selection process for the General Plan. As a part of that process, Staff identified 8 reputable firms in the Bay Area which had experience in General Plan preparation. The proposals ranged in price from $61,000 to $110,000. After screening the proposals, Staff recommended that the City's Planning Commission interview 3 consultants. The Planning Commission conducted those interviews and concurred with Staff that the planning consultant which could best meet the needs of the City in preparation of its General Plan is the firm of Blayney-Dyett. Staff has met with Mr. John Blayney and negotiated the attached agreement. Under that agreement, John Blayney will be the project manager. His consulting firm's services will cover a 12 month period and will produce a General Plan and Final EIR ready for adoption by the City Council before March, 1984. The General Plan Consultant will employ the following sub-contractors to assist in developing the necessary traffic, s~smic and acoustical technical information which is needed to prepare the General Plan: 1. TJKM, Transportation Consultants 2. Hallenbeck-McKay & Associates, Geotechnical Engineering Consultants 3. Charles M. Salter Associates, Inc., Acoustical Consultants Staff has contacted a number of new cities that have adopted a General Plan in the last several years utilizing the services of a General Plan Consultant, and believes that the cost included in the Blayney-Dyett proposal is comparable to what those other cities incurred. Recommendation It is Staff's recommendation that the City Council authorize the City Manager to execute an agreement with Blayney-Dyett for General Plan Consultant Services and further, make an additional appropriation from the Street Improvement Reserve in the amount of $40,000 to cover the cost of the contract which will be incurred in Fiscal Year 1982-83. Mr. John Blayney will be present at the City Council meeting to discuss his proposal and answer any questions which the City Council might have at that time. ---------------------------------------------------------------------------- COPIES TO: Blayney-Dyett ~.t3 ITEM NO. AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into the FIlL day of~c.Iv , 1983 by and between the CITY OF DUBLIN, a Municipal Corporati n of the State of California, hereinafter referred to as "CITY", and Blayney- Dyett, A California Corporation, 177 Post Street, Sui te 750, San Francisco, California, 94108, hereinafter referred to as "Contractor." WITNESSETH: WHEREAS, City desires to retain consulting services for preparation of its General plan and preparation of an Environmental Impact Report (EIR); and WHEREAS, studies; and Contractor warrants that it is qualified to conduct such WHEREAS, Contractor is willing to render services required In accordance with the terms and conditions hereinafter set forth. NOW, agreement, follows: THEREFORE, in consideration of the mutual covenants, and conditions herein, the parties hereto do hereby agree as 1. Contractor's Services. Contractor shall diligently perform the services and furnish the materials hereinafter set forth: a. Contractor shall prepare a General Plan and EIR in accord with the scope of work set forth in Exhibit A attached hereto and incorporated herein by reference. b. Contractor's project manager (John Blayney) will attend up to 10 public meetings, including City Planning Commission or City Council meetings, provided that attendance at meetings later than 150 days after submission of the Draft General Plan and Draft EIR or in excess of 10 shall be charged at hourly rates plus direct costs. Subcontractors' project manager will attend up to 2 public meetings each. c. Contractor will meet with the technical staff of the City and other agencies involved as mutually agreed to be necessary for the effective conduct of the work. d. Contractor shall furnish copies of maps and reports as prescribed in Exhibit A and shall furnish original or camera- ready art for further reproduction by the City. e. Contractor will act as a coordinator to facilitate public participation at public meetings on the General Plan. Contractor, in cooperation with City Staff, will present and discuss General Plan information at public meetings. , , f. Contractor shall submit a draft of all written products to the City Staff for review, revision and approval prior to distribution or release. g. Contractor shall be responsible for the professional quality, technical accuracy, timely completion, and the coordination of all reports and other services furnished by the Contractor under this Agreement, except that the Contractor shall not be responsible for the accuracy of information supplied by the City. The Contractor shall, without additional compensation, correct or revise any factual errors in his reports. h. Should the City be subject to a court judgment or a finding by a state agency that the adopted General Plan is inadequate, and the judgment lS due to the Contractor's lack of professional quality or technical accuracy, the Contractor shall, without additional compensation, prepare an adequate General Plan and shall pay all legal fees and costs incurred by the City. A-m::.H1 Page 1 2. City Participation and Services. City shall designate an individual who shall be responsible for administering this Agreement. Authorizations by the City as referred to in this Agreement shall be by the designated official or his/her deputy. a. City shall provide at its own expense reference materials and report data such as may exist in City's files, including copies of reports, records, maps, and other file material. b. City shall be responsible for organizing public participation, scheduling all public meetings, and commenting on Contractor's work. c. City shall assist Contractor as requested in liaison, coordination, and communication with all city agencies, staff, officials, and involved agencies of other levels and jurisdictions, including but not limited to Alameda County and the State of California. 3.' Term. The work described In Item (la) shall be performed in accordance with the time schedule set forth in Exhibit" A" . The time schedules may be altered by mutual agreement of the City and the Contractor. The General Plan and Final EIR shall be ready for adoption by March, 1983. 4. Ownership of Work. All documents, data studies, surveys, drawings, maps, and reports furnished to the Contractor by the City, as well as reports and supportive data prepared by the Contractor under this contract, shall be considered the property of the City of Dublin and, upon completion of the services to be performed, be turned over to the City of Dublin. 5. Compensation. The City agrees to pay the Contractor for all services rendered and materials provided in the performance of the specified work scope on a time-and-materials basis, provided that the Contractor completes the work wi thin the maximum, not-to-be- exceeded, budget of $96,600. The City, at its option, may request additional services a~ specified in paragraph (l~) and shall compesate the Contractor at standard billing rates as set forth in Exhibi t B. The City may, at its option, decide to have the Contractor supply full colored General Plan maps at an additional cost, not included in the maximum budget, or the City may decide to have the General Plan map prepared outside of this Agreement. 6. Payment. The first payment shall be due 30 days following the date of this Agreement and succeeding payments shall be due on the same day of each succeeding month. Payment to the Contractor shall be made as soon as practicable, and in any case within 30 days after receipt of the Contractor's invoice, provided that the City may withhold payment for any disputed items. The City agrees to notify the Contractor of any disputed items on an invoice within five (5) working days after receipt of the invoice. 7 . Contractor I s Status in the Performance of the Services Specified Herein. Contractor is an independent contractor and shall not for any purpose be deemed to be an employee, agent, or other representative of the City of Dublin. Services called for herein shall be deemed to be unique, personal services and Contractor shall not assign, sublet, transfer, or otherwise substitute its interest in this Agreement, or its obligation hereunder, without the written consent of the City. 8. Ci ty Liability. The City shall have no liability for payment of salary, wages, fees, or materials or services provided to the Contractor by any person or firm. 9 . Subcontractors. subcontractors, and payment: Contractor shall employ the following and shall be solely responsible for their direction Page 2 TJKM, Transportation Consultants Hallenbeck-McKay & Associates, Geotechnical Engineering Consultants Charles M. Salter Associates, Inc., Acoustical Consultants Contractor may revise the scope of work or budget of a subcontractor or may terminate an agreement with a subcontractor and obtain similar services from another subcontractor, provided that any change shall be approved by the City. 10. Changes. The City may, from time to time, request changes in the scope of service performed by Contractor. Any increase or decrease in the amount of Contractor's compensation occasioned by such changes shall be as mutually agreed upon in writing between the Ci ty and the Contractor. All correspondence concerning contract changes will be through certified mail. 11. Termination. Ci ty may terminate this Agreement at any time by delivering written notice to the Contractor. Contractor may terminate this Agreement by giving the City 30 days advance written notice. A notice of termination by either party need not state a reason for the action. In the event of termination, the Contractor shall be compensated for services performed to the effective date of termination, based on the proportion of the work completed. 12. Compensation for Additional Services. If any legal action is brought against the City in connection with the General Plan, which is the subject of this Agreement, the City will assume the responsibili ty for contracting with the Contractor for testimony, if necessary, in defense of the General Plan, in accordance with standard billing rates. 13. Hold Harmless. Contractor shall indemnify, defend, and hold harmless the City, its officers, agents, and employees from and against any and all claims, demands, liability, costs, and expenses of whatever nature, including court costs and counsel fees arising out of injury to or death of any person or persons or loss of or physical damage to any property resulting in any manner from the willful acts or negligence of Contractor, its subcontractors, agents, employees, licensees, or guests in the making or performance of this Agreement. 14. Insurance. Contractor agrees to maintain in full force and effect during the course of this Agreement, in forms acceptable to the City, bodily injury liability insurance in the amount of $500,000 per occurrence and property damage liability insurance in the amount of $100,000 per occurrence. In addition, Contractor shall be responsible for and pay for all Worker's Compensation Insurance and agrees to furnish City with a copy of its Worker's Compensation Insurance policy, if requested. 15. Conflict of Interest. The Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of his services hereunder. The Contractor further covenants that in the performance of this contract no person having any such interest shall be employed. Contractor shall not provide services to any private client within the corporate boundaries or sphere of influence of the City during the term of this Agreement. 16. Equal Employment Opportunity. Contractor is an Equal Opportunity Affirmative Action employer and agrees to comply with applicable requirements governing equal employment opportunity. ,17. Assignability. The Contractor shall not assign any of Contractor's rights or obligations under this Agreement without prior written consent of the City thereto; provided, however, that claims for money due or to become due to the Contractor from the City under this agreement may be assigned to a bank, trust company, or other financial institutions without such approval. Wri tten notice of any such assignment or transfer shall be furnished promptly to the City. Page 3 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first written. CITY OF DUBLIN A Municipal Corporation Blayney-Dyett A California Corporation By: , By: ~.lLOr &ty~ John Blayney, President ATTEST: By: City Clerk Page 4