HomeMy WebLinkAboutItem 4.10 Com Dev Consultant Agmts Amend
STAFF REPORT CITY CLERK
File #600-30
CITY COUNCIL
DATE:June 18, 2013
TO:
Honorable Mayor and City Councilmembers
FROM:
Joni Pattillo, City Manager
SUBJECT:
Community Development Department Consultant Contract Amendments
Prepared by Jeff Baker, Assistant Community Development Director
EXECUTIVE SUMMARY:
The Community Development Department utilizes outside consultants on an as-needed basis to
assist Staff with specific areas of technical expertise, field inspections, and to handle overflow
work. Staff seeks to modify the hourly rate paid to existing consultants in order to remain
competitive. Staff also seeks to expand the list of on-call consultants to ensure that adequate
resources are available to continue the general processing of entitlements for development
projects, plan checks and inspections. The City Council will consider approving amendments to
existing Consulting Services Agreements and approve entering into new Consulting Services
Agreements.
FINANCIAL IMPACT:
All charges will be reimbursed with funds collected from project applicants in conjunction with
the review of their entitlement applications, Building Permit applications, or charged to the
Department budget in accordance with the adopted budget.
RECOMMENDATION:
Staff recommends that the City Council adopt a Resolution approving Consulting Services
Agreements with Shums Coda Associates, Interwest Consulting Group, 4Leaf Incorporated,
RBF Consulting, and Circlepoint to provide on-call services and fee amendments to existing
agreements with A. S. Dutchover & Associates, Cannon Design Group, David L. Babby, David
Babcock & Associates, Environmental Foresight, Inc., Grainger Hunt, Jerry Haag & Associates,
Kluber and Associates, Inc., Paul Niemuth & Associates, Placemakers, Rosen Goldberg, Der &
Lewitz, Stevenson Porto and Pierce, Urban Planning Partners, and WRA Inc.
Submitted By Reviewed By
Director of Community Development Assistant City Manager
DESCRIPTION:
ITEM NO. __4.10_______
Page 1 of 3
The Community Development Department utilizes outside consultants on an as-needed basis to
assist Staff in the Building and Safety Division and the Planning Division.
The Building and Safety Division contracts with consultants to handle all field inspections. The
Building and Safety Division also utilizes consultants to provide overflow plan check assistance
in order to ensure that Building Permits are issued in a timely manner. The consultants used by
the Building Division are paid for with Building Permit application fees.
The Planning Division contracts with outside consulting firms on a project-by-project basis to
provide technical expertise in areas such as the California Environmental Quality Act (CEQA),
biology, large scale specific plans, and design review. The Planning Division also contracts with
consultants to handle overflow of work in order to ensure that applications are processed in a
timely manner. Primarily, these consultants are utilized on development projects and paid for
with development application fees. There are instances, however, where the consultant’s fees
are paid through General Fund revenues that are budgeted for special City projects or to
implement City goals.
The City anticipates that the workload over the next several years will necessitate that the
Department continues to retain consultant firms to provide technical expertise, field inspections,
and to handle overflow work. Therefore, the Community Development Department is currently
seeking approval to amend the existing Consulting Services Agreements to increase the hourly
rate paid to consultants in order to remain competitive, and to enter into agreements with two
additional consultants to ensure that adequate resources are available to process development
projects (Attachment 1).
ANALYSIS:
Building and Safety Division
Building and Safety Division consultants are paid an hourly rate based on their level of
expertise. These consultants last received an increase in Fiscal Year 2007-2008. Staff is
recommending an increase to the hourly rates as shown in the Table 1 below. The proposal
hourly fees are a negotiated amount that reflects market rates and a volume discount. The
proposed rates reflect an average increase of 1.17% per year over the last six years (since the
last rate increase). The proposed increase is necessary in order to retain the firms that currently
perform work for the City.
Table 1: Building Consultant Rates
Current Rate Proposed Rate
Job Title
FY 2007-2008 FY 2013-2014
Supervising Building Inspector $95 $103
Building Inspector III $90 $94
Building Inspector II $79 $84
Building Inspector I $58 $58
Plan Check $100 $110
Some of the current agreements were executed as far back as 2001. Therefore, Staff had the
consultants execute revised agreements that are up to date and reflect the City’s standard
contract language. The proposed agreements with Building Division consultants are included as
Exhibits A-C of Attachment 1.
Page 2 of 3
Planning Division
The existing Consulting Services Agreements with Planning Division are based on a flat, hourly
rate. The current hourly rate is $103.50 and took effect on July 1, 2013. In order to remain
competitive and continue to be able to attract the necessary expertise, Staff proposes to amend
the agreements with existing consultants to increase the rate as shown in Table 2 below. The
proposed rate reflects an increase of 4.2% per year over the past six years. The agreement
with Stevenson, Porto & Pierce also has a provision that enables the Consultant to provide
engineering services to the Public Works Department. The Public Works Department proposes
to increase the hourly rate paid for these services in order to be in line with existing Consulting
Services Agreements with other engineering firms.
Current Rate Proposed Rate
Job Title FY 2007-2008
FY 2012-2013 FY 2013-2014
Planning Consultant $100 $103.50 $125
Public Works Consultant* -- $103.50 $135
*Applicable only to the agreement with Stevenson, Porto & Pierce.
Staff also proposes to expand the list of on-call consultants, to include RBF Consulting and
Circlepoint, in order to ensure that adequate resources are available to process development
projects. RBF Consulting is a planning firm that can assist with processing entitlement
applications and CEQA analysis. Similarly, Circlepoint has expertise in CEQA analysis. Both
firms have previously provided project specific assistance to the City. Information regarding
each firm and key team members is included as Attachments 2 and 3 of this Staff Report.
The proposed agreements with Planning Division consultants are included as Exhibits D-S of
Attachment 1.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A public notice is not required for the City Council to approve a Consulting Services Agreement
or to amend existing agreements. The City Council Agenda was posted in the designated
posting places throughout the City. A copy of this Staff Report was made available on the City’s
website.
ATTACHMENTS:
1. Resolution approving Consulting Services Agreements with Shums
Coda Associates, Interwest Consulting Group, 4Leaf Incorporated,
RBF Consulting, and Circlepoint to provide on-call services and fee
amendments to existing agreements with A. S. Dutchover &
Associates, Cannon Design Group, David L. Babby, David Babcock
& Associates, Environmental Foresight, Inc., Grainger Hunt, Jerry
Haag & Associates, Kluber and Associates, Inc., Paul Niemuth &
Associates, Placemakers, Rosen Goldberg, Der & Lewitz, Stevenson
Porto and Pierce, Urban Planning Partners, and WRA Inc.; and
authorizing the City Manager to execute those agreements, with the
agreements attached as Exhibits A-S
2. Letter of interest and statement of qualifications from RBF Consulting
3. Letter of interest and statement of qualifications from Circlepoint
Page 3 of 3
RESOLUTION NO. XX - 13
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * * * * * * * * * * * * *
APPROVING CONSULTING SERVICES AGREEMENTS WITH SHUMS CODA
ASSOCIATES; INTERWEST CONSULTING GROUP; 4LEAF INC.; RBF
CONSULTING; AND CIRCLEPOINT TO PROVIDE ON-CALL SERVICES, AND FEE
AMENDMENTS TO EXISTING AGREEMENTS WITH
A. S. DUTCHOVER & ASSOCIATES; CANNON DESIGN GROUP; DAVID L. BABBY;
DAVID BABCOCK & ASSOCIATES; ENVIRONMENTAL FORESIGHT INC.;
GRAINGER HUNT; JERRY HAAG & ASSOCIATES; KLUBER AND ASSOCIATES
INC.; PAUL NIEMUTH & ASSOCIATES; PLACEMAKERS; ROSEN GOLDBERG DER
& LEWITZ; STEVENSON PORTO & PIERCE; URBAN PLANNING PARTNERS; AND
WRA INC.
WHEREAS
, the City Council has directed Staff to process development projects
expeditiously and to hire consultants when services are needed; and
WHEREAS
, Staff is seeking to expand the list of on-call consultants to ensure
that adequate resources are available to continue the general processing of
entitlements for development projects as well as plan checks and field inspections for
those projects on an as needed basis; and
WHEREAS
, seeking approval to amend the existing Consulting Services
Agreements for on-call services to increase the hourly rate paid to consultants in order
to remain competitive; and
WHEREAS
, the consulting firms that they have the skills and qualifications to
provide the necessary services; and
WHEREAS,
the consultants will only perform work on a time and material basis;
and
WHEREAS,
all costs will be reimbursed by the project applicant or charged to
the Department budget in accordance with costs associated with certain projects; and
WHEREAS
, the contracts have been reviewed and approved by the City
Attorney’s Office as to form.
NOW, THEREFORE, BE IT RESOLVED
that the Dublin City Council does
hereby approve Consulting Services Agreements with Shums Coda Associates,
Interwest Consulting Group, 4Leaf Incorporated, RBF Consulting, and Circlepoint which
are included as Exhibits A-E; and
1 of 2
BE IT FURTHER RESOLVED
that the Dublin City Council does hereby approve
amendments to existing agreements with A. S. Dutchover & Associates, Cannon Design
Group, David L. Babby, David Babcock & Associates, Environmental Foresight Inc.,
Grainger Hunt, Jerry Haag & Associates, Kluber and Associates Inc., Paul Niemuth &
Associates, Placemakers, Rosen Goldberg, Der & Lewitz, Stevenson Porto and Pierce,
Urban Planning Partners, and WRA, which are include as Exhibits F-S; and
BE IT FURTHER RESOLVED
that the City Manager is authorized to execute the
agreements on behalf of the City.
th
PASSED, APPROVED AND ADOPTED
this 18 day of June 2013 by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________________
Mayor
ATTEST:
City Clerk
G:\Agendas\2013\Consultant Contracts\CC Reso CDD Consultant 6.18.13.doc
2 of 2
SHUMS CODA ASSOCIATES
THIS AGREEMENT for consulting services is made by and between the City of Dublin ("City") and
Shurns Coda Associates ("Consultant") as of July 1, 2011
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 Exhibit A 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 Exhibit A, the Agreement shall prevail. Consultant shall also conform to the
requirements of the Special Conditions attached as Exhibit C.
1.1 Term of Services. The term of this Agreement shall begin on the date first noted above
and shall end one year therafter, except that this Agreement shall be automatically
extended from year to year, , unless the term of the Agreement is otherwise terminated or
extended, as provided for in Section 8.
1.2 Standard o erformance. 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 ,arcrrnerrt of ersorrrreL 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 sUcfi desire of City,
reassign Such person or persons,
1.4 Time., Consultant shall devote such firne to the performance of services pursuant to this
Agreement as may be reasonably necessary to Meet the standard of perforrnance
provided in Section 1.1 above and to satisfy Consultant's obligations hereunder.
Section 2. COMPENSATION. City hereby agrees to pay Consultant the hourly sum set forth in the
Payment Schedule contained in Exhibit B, notwithstanding any contrary indications that may be contained
in Consultant's proposal or the Scope of Services, for services to be performed and reimbursable costs
incurred Linder this Agreement, In the event of a conflict between this Agreement and Consultant's
proposal, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for
services rendered pursuant to this Agreement at the firne and in the manner set forth herein, The
payments specified below sf-iall be the only payrnents 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
rnore than one person.
Consulting Services Agreement between July 1, 2013
City of Dublin and ShUrnS Coda ASSOGiates Page 1 of 14
Consultant and City acknowledge and agree that compensation paid by City to Consultant Linder this
Agreement is based: upon Consultant's estimated costs of providing the services required het-CUnder,
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 Linder this Agreement
2A 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; i.e., Progress Bill No, 1 for the first invoice,
etc.;
f 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 tinder the Agreement, and
the percentage of completion;
f At City's option, for each work itern 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 reirnbursable expense;
f The total number of hours of work performed Linder the Agreement by Consultant
and each employee, agent, arid 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 Exhibit A;
The Consultant's signature,
21 Monthl qtWy Pa vement® City shall make monthly payments, based on invoices received, for
y__
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 PayAient. 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 alll services required have been satisfactorily performed.
2.4 'Total P ayMent. City shall pay for the services to be rendered by Consultant pursuant to
this Agreement. City shall rot pay any additional surer for any expense or cost whatsoever
incurred by Consultant in rendering services, pursuant to this Agreement, City shall make
no payment for any extra, furtl"ier, or additional service pursuant to this Agreement.
Consulting Services Agreernent between July 1, 2013
City of Dublin, and Shunris, Coda Associates Page 2 of 14
lin 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 such all invoice by a properly
executed change order or amendment.
2.5 H,oyj!y_Pees. Fees for work performed by Consultant oil an hourly basis shall riot exceed
the amounts shown on the Payment Schedule, attached as Exhibit B.
2.6 Reimbursable Expenses, [Reimbursable expenses, if any, are set forth in Exhibit 13.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.8 Pa merLt 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
firnesheets in order to verify costs incurred to that (late.
2.9 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 Conti-act 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 Linder 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 ernployees 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
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 sucl"u
insurance shall be included in the Consultant's bid, Consultant shall not allow any subcontractor to
commence work on any SUbcoritract until Consultant has obtained all insurance required herein for the
Consulting Services Agreement between July 1, 2013
City of Di.iblin and Sliurrus Coda Associates Page 3 of 14
subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be
submitted and rnade part of this Agreement prior to execution,
,1 Workers' CoMpqpsLation. 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 indJirectly by Consultant. The Statutory Workers'
Compensation Insurance and Employer's Liability Insurance shall be provided with limits of
not less than ONE MILLION DOI-LARS ($1,000,000.00) per accident. In the alternative,
Consultant may rely on a, self-insurance program to tneet 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 prograrn rneets, the standards of the
Labor Code shall be solely in the discretion of the Conti-act 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, excerpt after thirty (30) days' prior written
notice by certified mail, return receipt iregr.iested, has been given to the City.
4.2.1 General reciuirements. Consultant, at its own cost and expense, shall maintain
corrimercial general and automobile liability inSlUrance 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 nonce
owned automobiles.
4.2.2 Minimurn scope _qLqq��rag_q. 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)
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,
Consuffing Services Agreement between July '1, 2013,
City of Dublin and Shums Coda Associates Page 4 of 14
4.2.3 Additional req!!k@pjg!Ag,, Each of the following shall be included in the
insurance coverage or added as an endorsement to the policy;
City and its officers, employees, agents, and Volunteers shall be covered
as insureds 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 cornpleted operations of
ConSUltarit; 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.
An endorsement MLISt 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 riot 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 Liabiliit&,�urance. 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 MILIJON DOLLARS ($11,000,000) covering the licensed professionals' errors
and omissions.
4.11 Any deductible or self- 'insured retentiori shall riot 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)
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,
61oua–S6-1t'in—g§'e- –rv-'-ic-`e's--A" g, -r e –m i i, e-, -n t- –b —eI w--e —en i -- . ......... .......... . . .. --------- — ------ J i j I –�y T 2 0-13'
City of Dublin and Shurns Coda Associates Page 5 of '14,
4.3.4 The following provisions shall apply if the professional liability coverages are
written on a claims-made form:
The retroactive date of the policy must be shown and must be before the
date of the Agreement.
Insurance must be maintained and evidence of inSUrance must be
provide(] 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
clairris-made policy form with a retroactive date that precedes tile date of
this Agreement, Consultant must provide extended repor-ling 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 ConSLllt@rlt
cancels or does not renew the coverage.
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 ACCO stability jpf insurers. All insurance required by this section is to be placed
with insurers with a Bests" rating of no less than ANIL
4.4.2 Verification of covers 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,
4.4.13 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
such insurance are either not commercially available, or that the City's interests
are otherwise fully protected,
Consulting Services Agreement between July '1, 20,113
City of Dublin and ShUMS Coda Associates Page 6 of 14
4x495 Deductibles and Self-insured 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 Coverage. 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 Remediles., IIn 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;
f Order Consultant to stop work under this Agreernent or withhold any payment that
becomes due to Consultant hereunder, or both stop work and withhold any payment,
until Consultant demonstrates cornpliance with the requirements hereof; and/or
f 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 frorn 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 ornissions, Of Consultant or its employees,
su bco n tractors, 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
'to property, or violation of law arises wholly from the negligence or willful rNsconduct 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 indemnify and hold harmless includes the
.......... . ......... . ..............
Consulting Services Agreement between July 1, 2013
City of Dublin and hurns Coda Associates Page 7 of 14
duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance
certificates arid endorsements required under this Agreement does not relieve Consultant from liability
under this indemnification and hold harmless clause. This inderrinification 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 Eii-nployees
Retirement System (PE S) to be eligible for enrollment in PERS as an employee of City, Consultant shall
indemnify, defend, arid 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,
RMMMMWIMMR����
6.1 !nLeggpdent Contractor. At all times dUring the term i of this Agreement, Consultant shall
be an independent contractor and shall riot 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 13;
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 PETS benefits,
62 C�ons,ultant No Aggnt. 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.
Section 7. LEGAL REQUIREMENTS.
7'.1 Governiqg_La L The laws of the State of California shall govern this Agreement.
7.2 gorrip L iange mAh L * A )p cable Lawa. Consultant and any subcontractors shall comply with
— — ----,
all laws applicable to the performance of the work hereunder.
...... . . . ............
Consulting Services Agreement between July 1, 2013
City of [Dublin and 13hurns Coda Associates Page 8 of 14
7. 3 Other Governmental Rqgglations,, 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 whatsolever nature that are legally required to practice their respective
professions. Consultant represents and warrants to City that C011SUltarit 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 Ucenses 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 requirernents 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 Agreernent.
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
I
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,
COMPLIter software, video and audio tapes, and other materials provided to Consultant or
prepared by or to[- Consultant or the City in connection with this Agreement,
8.2 Extenso, City may, in its sole and exclusive discretion, extend the end date of this
Agreement beyond that provided for in Subsection 1. 1 . Any SLI1ch extension shall require a
. . . .... . . ........... . . . ................ --.- . .............. ...... . . . . . . . . ............... . . .................. .....
Consulting, Services Agreement between July 1, 2013
City of Dublin arId ShURIS Coda Assodates Page 9 of 14
written amendment to this Agreement, as provided for herein. Consultant understarlds, arid
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. . Fhe parties may arriend this Agreerrient only by a writing signed by all the
parties.
8.4 Assignment and Subcontracting. 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 riot, 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 0 tions upon Breach by Consultant. If Consultant materially breaches any of the terms
of this Agreement, City's remedies shall include, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.62 Retain the plans, specifications, drawings, reports, design documents, and any
other work product prepared by Consultant pursuant to this Agreement;
U.3 Retain a different consultant to complete the work described in Exhibit A riot
finished by Consultant; or
8.6.4 Cl,iarge 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 R.E.QOBDS.
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 docurnerits or rnaterials, in electronic or any other form, that
Consulting Services Agreement between July 1, 2013
City of Dublin and Spurns Coda Associates Page 10 of 14
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® 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, frorn the date of final payment to the Consultant to this Agreement.
9.3 Any records or documents, that Section 9,2 of this
Agreement requires Consultant to rnairitain 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.
MISCELLANEOUS PROVISIONS.
10A Attorneys' 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 Severab 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 riot so
adjudged shall remain in full force and effect. 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.
Consulting Services Agreement between, July 1, 2013
City of Dublin and Shurris Coda Associates Page 11 of 14
10.4 Flom lied 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 tenn
of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall, inure to the benefit of
and shall apply to and bind the successors and assigns of the parties.
%A Uso of, Recycled Products. Consultant shall prepare and submit all reports, written
studies and other printed material on recycled paper to t[ie extent it is available at equal or
less cost than virgin paper,
103 Conflic 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 of 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
Agreernent that would violate California Government Code Sections 1090 of seq.
Consultant hereby warrants that it is not now, nor has it been in the previous twelve (1 2)
months, an employee, agent, appointee, or official of the City. If Consultant was all
employee, agent, appointee, or official of the City in the previous twelve months,
Consultant warrants that it did not participate in any mariner in the forming of this
Agreement. Consultant understands that,, if this Agreement is made in violation of
Government Code §1099 etseq,, the entire Agreement is void and Consultant will not be
entitled to any compensation for services perforrned pursuant to this Agreement, including
reimbursement of expenses, and Consultant will be required to reimburse the City for any
SLIMS 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 § 1090 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 rneeting, 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 Chief Building
Official ("Contract Administrator"). All correspondence shall be directed to or through
the Contract Administrator or his or her designee.
10.10 Notices = Any written notice to Consultant shall be sent to:
M —
Shums Coda Associates
Attention: David Basinger
57'76 Stoneridge Mall Road, Suites #180
Pleasanton CA 94588
Consulting Services Agreement between JLJly 1, 2013
City of Dublin and Shurns Coda Associates, Page 1 2 of 14.
Any written notice to City shall be sent to:
City of Dublin
Attention: City Manager
100 Civic Plaza
Dublin, CA 94568
10,11 bite ration, This Agreement, induding the Scope of Woi�t E it A , Payment Sch(-,,Lule
(Exhlbit 13)_qnd Special Provisions 'Exhibit Q which Exhibits are attached hereto and
incorporated, heirein , represents the entire and integrated agreement between City and
Consultant and supersedes aII1 prior negotiations, representations, or agreements, either,
written or oral.
For :CITY OF DUBLIN
A Municipal Corporation
Joni Pattillo, City Manager
Attest:
Caroline Soto, City Cleric
Approved as to Form:
John Bakker, City Attorney
CONSULTANT
avid Basinger, Principal, Chums Coda Associates
Consulting Services Agreement between July 1, 2013
City of Dublin and Shums Coda Associates Page '13 of 14
12E 11110 WTA
SCOPE OF SERVICES
BUILDING INSPECTION AND PLAN CHECK SERVICES, Consultant shall enforce provisions of the City's
Building, Residential, Electrical, Plumbing, Mechanical, Green Building Standards, Universal Design, Energy
and Housing Codes; the City of Dublin's Zoning, Ordinance; and related State and local laws. Consultant
shall make such inspections and investigations as may be required to effect such enforcement and issue
permits as are required by the City's Ordinances and duly adopted policies. Such enforcernent shall include
file duties related to the Building Official as set forth in the Dublin Municipal Code, and in the peifor-rilance of
such work the Consultant shall do the following:
a, Plan Review. As directed by the Chief Building Official, review plans prepared by or
on behalf of appficants for compliance with the applicable Federal, State, and City ordinances and
regulations. Consultant shali maintain a dose liaison with City Planning Department Staff in order
to insure that appropriate requirements of the Zoning Ordinance are incorporated within the plans
Submitted. Consultant shall coordinate the submittal of plans and receipt of comments from other
appropriate agencies having jurisdiction in such, rnatters relative to enforcement of fire codes,
sanitation codes, health codes, hazardous material regulations, and other regulatory agencies.
Consultant will strive to complete the first plan check of plans submitted within ten (10) business
days of receipt of complete plans from the applicant. The goal agreed to by Consultant will be to
complete 95% of all complete submittals within the 10 day period. City recognizes that on large-
scale projects this may not be possible and Consultant will strive for a plan review period that does
not exceed fifteen (15) days on large-scale projects. T lie Consultant shall notify the Chief Building
Official if the first plan check will not be completed within 10 business days.
Consultant will strive to complete all second or subsequent plan checks of plans Submitted within
five (5) business days of receipt of complete plans frorn the applicant. The goal agreed to by
Consultant will be to complete 95% of all complete submittals within the five (5) day period. City
recognizes that on large -scale projects this may not he possible and Consultant will strive for a
plan review period that does not exceed ten (10) days on large-scale projects. The Consultant
shall notify file Chief Building Official if the second or subsequent plan checks will not be
completed within 5 business days.
b, Building Inspection. Provide building inspection services during the course of
construction of facilities to enforce compliance with the provisions of applicable laws including City
Ordinances and regulations set forth on the plans for which the perrilit is issued. In the
performance Of Such duties, Consultant shall provide prompt inspection fear each project at the
completion Of the various stages of construction to determine compliance. Consultant shall provide
City Manager and/or designee with relevant background information on all assigned inspection
personnel prior to assignment under this Agreerrient. Consultant shall assigri competent personnel:
whose background, experience, applicable certifications, and demeanor demonstrate an ability to
conduct inspections of the type required under this Agreement, in accordance with City standards.
ConsuIting Services Agreement between duly 1, 2013
City of Dublin and Shurns Coda Associates .Exhibit A Page 1 of 2
City Manager and/or designee shall determine acceptability of assigned inspection personnel.
Consultant shall promptly identify alternate personnel in the event of a request by City Manager
arid/or designee.
In the event that Consultant requests a change in the assigned inspection personnel, Consultant
shall bear the full cost of any training required to familiarize the assigned personnel with the current
status of projects in the City. At the minimum, this shall include a one-week overlap with both
inspectors. In the event that an assigned inspector is absent for a period of greater than three
concurrent workdays, the Consultant will provide a qualified temporary replacernent that is
approved by the City.
c, iousing Code Enforcement. Under the direction of the Chief Building Official,
Consultant shall enforce the City Housing Code by investigation of complaints regarding sub-
standard housing conditions and when necessary, prepare cases for citation hearings, criminal
proceedings in municipal court, and/or civil abatement proceedings,
d. Presentation of Code Updates. In the event that the State of California adopts
revisions to any of the adopted codes during the term, of this Agreement, Consultant shall assist the
Chief Building Official in preparing the staff report arid necessary ordinances in advance of the
State mandatory implementation date.
e. Other Duties,. Consultant shall perform other related activities as requested by the
City, including Building Official services. Fees for such services shall be negotiated on an as-
needed basis as approved by the City Manager or his/her designee.
2. REPQRTING/PUBLIQ INFORMATION. Consultant shall be responsible for coordination of monthly and
annual reports summarizing activities undertaken pursuant to this Agreernent. Reports shall be in a format
and as mutually agreed by the City Manager and/or designee. As required, Consultant may prepare staff
reports for City Council, including but not limited to review and adoption of related code updates. Consultant
shall also assist with the preparation of informational brochures designed to assist the public with the
Building and Safety process,
COLLECTION OF FEES, All 'fees collected from permit applicants in connection with the carrying out of the
functions set forth in this Agreement shall be collected by the City. If required, Consultant shall submit as
appropriate, information and recommendations on proposed City adjustments to the adopted fee schedules.
LIMITATIONS AVOIDANCE OF CONFLICTSh During the term of this Agreement, Consultant shall not
provide services to any client for a project that requires any approval from the City.
C011SU4ting Services Agreement between July 1, 2013
City of Dublin and Shums Cocia Associate --Exh-ibitA Page 2, of 2
120,11"1
Shurns Coda Associates
VW1404m1w
A. City shall pay Consultairit for services rendered in accordance with the hourly rates stated in section B.
Consultant shall subrnit invoices, not more often than once per month, based upon the work completed, At
the sole discretion of the City, other payment schedules may be considered. Invoices shall include an
accounting of all hours by classification and task. The format and documentation included on the invoice
shall be subject to approval by the City Manager and/or designee.
& HOURLY RATES:
The following rates include all reirnbursable or indirect costs, including but not limited to a vehicle and
mobile field device (smart phone or laptop) compatible with the City's, permitting systern.
1, Supervising Building Inspector
(Includes oversight of Contract Inspectors,
monitoring of Inspections dernand an(] a
knowledge / certification in commercial
multi-family building systems.)
2. Building Inspector III
(Includes knowledge and certification in commercial
building systems including structural, rriechanical,
plumbing, and electrical systems.)
3, Building Inspector 11
(Includes Inspection as well as any plan checking
of Residential and Non-Structural Commercial/
Industrial Plans.)
4. Building Inspector I
(Includes Inspection of Residential buildings)
5. Plan Checking (on or off site)
(As authorized by City Manager and/or designee.)
6. Certified Access Specialist
(An hourly surcharge is permitted for each
Building Inspector rate listed in this Exhibit
that holds an active CASp certification)
Corisulting Services Agreement between
City of Dublin and Shuims Coda Associates — Exhibit B
$103,00
MM
$84.00
EM
1,00
,July 1, 2013
Page I of 1
[0,132ll91irltr
SPECIAL PROVISIONS
1'he following provisions are hereby incorporated in the Agreement by and between Shurns Coda Associates
(Consultant) and City of Dublin (City):
ASSIGNED PERSON N EUSU BCONTRAC-1"O RS.
The following terms and conditions are hereby agreed to by Consultant prior to the assignment of personnel or use by
Consultant of subcontractors.
a. Subrnittali to Qj!LManager.. The name, background and experience of any and every firm or individual to
which any work outlined in this Agreement is to be performed must be submitted to the City Manager
and/or designee for prior approval,
b. Consultant Liable for Work of Subcontractors. Approval by the City Manager of a subcontractor shall not
relieve Consultant of any liability for the work to be performed pursuant to this Agreement, nor shall such
approval infer any contractual relationship between City and any subcontractor.
EMERGENCY OPERATJONS ASSISTANCE.
The following terms and conditions are hereby agreed to by Consultant in the event of a local or regional emergency:
a. Report into the City of Dublin Emer(Itincy Operations CenterlE.Q.,a. Contract personnel will make a
reasonable effort to report to the City of Dublin G.C.C. as soon as possible folilowing a local or regional
emergency.
Consultant shall provide emer enc re arednes,s traini Lig. All contract personnel shall maintain at all
times appropriate emergency training and certification, such as ATC-20 Damage Assessment Training
and Certification,.
c, The Consultant shall make contract LtQierqqDqy
response at the same hourl rates alld conditions specified in this contract,
The Consultant acknowledges that emergency jp-s p2qse work
end _gssi gnments.
2051998.1.
Consulting Services Agreement between July 1, 2013
City of Dublin and Shums Coda Assoc ates -- Exhibit C Page 1 of 1
M. AaRMOMMINVOKI
THE CITY OF DUBLIN AND
THIS AGREEMENT for consulting services is made by and between the City of Dublin ("City") and
Interwest Consulting Group, ("Consultant") as of July 1, 2013,
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 Exhibit A at tyre 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 Exhibit A, the Agreement shall prevail. Consultant shall also conform to the
requirements of the Special Conditions attached as Exhibit C.
1.1 Term of Services. The term of this Agreement shall begin on the date first noted above
and shall end one year therafter, except that this Agreement shall be automatically
extended from year to year, , unless the term of the Agreement is otherwise terminated or
extended, as provided for in Section 8.
12 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 As 1 �nment �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,
1A Time. Consultant shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to rneet the standard of performance
provided in Section 1,1 above ands to satisfy Consultant's obligations hereunder.
Section 2. COMPENSATION. City hereby agrees to pay Consultant the hourly sum set forth in the
Payment Schedule contained in Exhibit B, notwithstanding any contrary indications that may be contained
in Consultant's proposal or the Scope of Services, for services, to be performed and reirribursabie costs
incurred under this Agreement. In the event of a conflict between this Agreement and Consultant's
proposal, 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 hereiri. 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 M City for duplicate services perforrried by
more than one person.
Consulting Services Agreement between July 1, 2013
City of Dublin and interwest Consulting Group Page 'I of '14
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 coritributions 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 rrionth 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:
f Serial identifications of progress bills„ Le., Progress Bill No. 1 for the first invoice,
etc.;
f The beginning and ending dates of the billing period;
f 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;
f 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;
f 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 Exhibit A;
f The Consultant's signature,
2.2 Monthl
..#ggthj_y 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 113!ynent. 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. Total Paylpent, 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 tt-fls Agreement. City shall rnake
no payment for any extra, further, or additional service pursuant to this Agreement.
. ..... . . . . ..................... —
Consulting Services Agreement between July 1, 2013
City of Dublin and Interwest Consulting Group Page 2 of 14
In no event shall Consultant subrTift 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 such an invoice by a properly
executed change order or amendment,
2.5 "ourllyFees. Fees for work performed by Consultant on an hourly basis shall riot exceed
the amounts shown on the Payment Schedule, attached as Exhibit Ike
2.6 Reimbursable erases. Reirnbursable expenses, if any, are set forth in Exhi,[)JIB.
2.7 ?Aymqnt of Taxes. Consultant is solely responsible for the payrnent of employment taxes
incurred under this Agreement and any similar federal or state taxes,
2,8 pAyfl2qRt_ upon jgmi nation, In the event that the City or Consultant terminates this
Agreement pursuant to Section 8, the City shall compensate the Consultant for all
outstan61ng costs and reimbursable expenses incurred ncurred 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.
2.9 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 COMPLIter, 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 clarriages to property that may arise from or in connection with the performance of the
work hereunder by the Consultant andl 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 forrris 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
-1.--......-----.-.-... . ................. -
Consulting Services Agreernerit between July 1, 2013
City of Dublin and Inter west Consulting Group Page 3 of 14
subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shaii be
submitted and made pail of this Agreement prior to execution,
4.1 W'orker§s' Com ��qnsaflon. 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 DOI-LARS ($1,000,000,00) per accident. In the alternative,
Consultant may rely on a self-insurance prograrn to meet those reqUiren"Ients, 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 covet-age 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.
421 Consultant, at its own cost and expense, shall maintain
commercial general and automobile liability insurance for the terrrr 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 flie 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 shali 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 Minimurn scope of covera, e. Conirnerciial 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)
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 I ("any aUt0`). No
endorsement shall be attached limiting the coverage,
Consulting Services Agreement between Jt.ily 1, 2013
City of Dublin and Interwest Consulting Group Page 4 of '14
423 Additional reqWj�qrnents. 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 insureds 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
autOrflobiles, 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.
The insurance shall cover on an occurrence or an accident basis, and not
on a claims-made basis,
An endorsement rm,ist slate that coverage is primary insurance with
respect to tl,-ie City and its officers, officials, employees and volunteers,
and that no insurance Or SWAISUrance maintained by the City shall be
called upon to contribute to a loss under the coverage,
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 riot 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 Liability lnsqaqcq. 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 clairn.
432 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,
4,33 'The policy must contain a cross liability or severability of interest clause.
. . . . . . ........ ----------- . .. . . . .........
Consulting Services Agreement between July 1, 2013
City of Dublin and Interwest Consultirig Group Page 0 of 14
4.14 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 Ibe
provided for at least five years after completion of the Agreement or the
work, so long as commercially available at reasonable rates.
G, If coverage is canceled or not renewed and it is not replaced with another
claims -made policy forrn 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 clairn reporting requirements must be submitted to the City
prior to the corrimencerrient of any work under this Agreement.
4.41 Accptalbllity oUinsurers. All insurance required by this section is to be placed
with insurers with a Chests' rating of no less than AMI,
4,42 Verification of coverage, 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. 'Tile 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 to[, 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
such insurance are either not commercially available, or that the City's interests
are otherwise fully protected,
......... .
C.011SUlting Services Agreenlent between July 1, 2013
City of Dublin and Interwest Consulting Group Page 6 of 14
4.4.5 Deductibles and Self-insured 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 ill
deductible or self-insured retention levels with a requirement that Consultant
procure a bond, guaranteeing payment of losses and related investigations, dairn
administration, and defense expenses that is satisfactory in all respects to each of
them.
4.4,6 Notice of Reduction in QpMpra
Ag�. In the event that any coverage required by
this section is reduced, limited, or materially affected in any other mariner,
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 rernedies, which
are alternatives to other remedies City may have and are riot the exclusive remedy for
Consultant's breach:
f Obtain such insurance and deduct and retain the amount of the prerniurns for such
insurance from any sums due under the Agreement;
f 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 paynient,
unfit Consultant demonstrates compliance with the requirements hereof; and/or
f '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 arid all losses, liability, claims, suits, actions,
damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or darnage, 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, drainage
to property, or violation of law arises wholly from the negligence or willful misconduct of the City or its
officers, employees, agents, OrVOILIrlteers and (2) the actions of Consultant or its ernf)loyees,
subcontractor, or agents have contributed ill no part to the injury, loss of life, damage to property, or
. . ..................... .- . ............ . . . . . .... .. . ....... . . . . . .........
Consulting Services Agreement between July 1, 2013
City of Dublin and Interwest Consulting Group Page 7 of '14
violation of law, it is understood that the duty of Consultant to irideninify 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 Linder 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 riot 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 ernployee, agent, or subcontractor of Consultant providing services
under this Agreement is determined by a court of competent jurisdiction or the California Public Employees
Retirement Systern (PERS) to Ibe eligible for enrollment in PERS as an employee of City, Consultant shall
indemnity, 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. STATUS OF CONSULTANT.
6.1 Indep
9ndent Contractor. At all th"nes during the tern of this agreement, Consultant shall
be an independent contractor arid shall not be an ernployee 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 13;
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 quality for or become entitled to, and hereby agree to waive any and
all clairns to, any compensation, benefit, or any incident of employment by City, including
but riot limited to eligibility to enroll in the California Public Employees Retirement Systern
(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.
6.2 Consultant No A. ent. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to art 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.
Section 7. LEGAL. REQUIREMENTS.
7.1 Govern!Linyq Law. The laws of the State of California shall govern this Agreement.
T2 gom lgnqe�,W h A IicabIq Laws. Consultant and any subcontractors shall comply with
pj� _ jLp p . ... ...
all laws applicable to the performance of the work hereunder,
.......... ........ . ......... .. . ...
Consulting Services Agreement between July 1, 2013
City of Dublin arid Interwest Consulting Group Page 8 of 14
7.3 Other Governmontal lie gy14fi 21)§,, 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:..p
_qd qw E al 0 ortunit
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 Agreernent.
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 cornpensation 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 C011SUltarlt 01'
prepared by or fou Consultant or the City in connection with this Agre&TO'It,
82 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 exterision shall require a
........... I . . . _....m ........ .
Consulting Services Agreement between July 1, 2013
City of Dublin and interwest Consulting Group Page 9 of 14
written amendment to this Agreement, as provided for herein. Consultant Understands and
agrees that, if City grants such an extension, City shalt have no obligation to provide
Consultant with compensation beyond the rnaxiMUrn 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.
83 Amendments. The parties may amend this Agreement only by a writing signed by all the
pities.
8,4 Assi_qnment.and SubcontMq#gIL 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 riot assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator, Consultant shall riot subcontract any portion of the
per- formance contemplated and provided for herein, other than to the subcontractors rioted
in the proposal, without prior written approval of the Contract Adiiiinistrator,
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,
H Coon upon reacta Consultant, If Consultant materially breaches any of the terms
of this Agreement, City's remedies shall include, 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 Agreernent;
8.6.3 Retain a different consultant to complete the work described in.Exbibit 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 andl the amount that
City would have paid Consultant pursuant to Section 2 if Consultant had
completed the work.
9.1 Records Created as Part of Consultant's Performance, All reports, data, neaps,
models, charts, studies, surveys, photographs, memoranda, plans, shidies, specifications,
records, files, or any other documents, or materials, in electronic or any other form, that
.............. .. . . . . .......
Consulting Services Agreement between July 1, 2013
City of Dublin and Interwest Consulting GrOUP flagea 10 of 14
Consultant prepares or obtains pursuant to this Agreement and that relate to tile 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 Insftecti rt 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 85463, 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 tile
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.
101 A1tqrqqM2LE22�i1 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,
102 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 irl the County of Alameda or in the United States District Court for
the Northern District of California,
10.3 §Severab
jflitL If a court of competent jurisdiction finds or rules that any provision of this
Agreement is invalid, void, or unenforceable, the provisiorls of this Agreement not so
adjudged shall remain in full force and effect. The invalidity in whole or in part of any
provision of thins Agreement shall riot void or affect the validity of any other provision of this
Agreement.
COiISLIItil'lg Services Agreement between July 1, 2013
City of Dublin and Interwest Consulting Group Page 11 of 14
IM No implied Waiver of Breach, The walver 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 Assigips. 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 Reeveled 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 actilvifies 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 perfortned 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 10190 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous twelve (1 2)
months, an employee, agent, appointee, or official of the City, If Consultant was an
ernpioyee, agent, appointee, or official of the City in the previous twelve months,
Consultant warrants that it did not participate in any manner in tile forming of this
Agreement. Consultant understands 'that, if this Agreement is made in violation of
Government Code §1090 et ' seq,, the entire Agreement is void and Consultant will not be
entitled to any compensation for services performed pursuant to this Agreement, iincluding
reimbursement of expenses, 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 § 1090 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 Chief Building
Official ("Contract Administrator"). All correspondence shall be directed to or through
the Contract Administrator or his or her designee.
10.10 I
Notices Any written notice to Consultant shall be sent to:
V Notices.
Interwest Consulting Group
Attention: Michael Kashiwagi
9300 West Stockton Blvd. Suite # '105
Elk Grove CA, 95758
C011SUlting Services Agreement between July 1, 2013
City of Dublin and Interwest Corisulting Group Page 12 of 14
Any written notice to City shall be sent to
City of Dublin
Attention: City Manager
100 Civic Plaza
Dublin, CA 94568
10.11 Irate. This Agreervient, including the ��coe o�fWojK(LExhijb A, Pa q9 i e
(Exhibit and -ovis:: 'Exhibit
jjiL ions Ex C), which Exhibit,.:, are attached hereto an(,,,]
_�peqial Pi,
incorporated herein , represents the entire and integrated agreement between City and
Consultant and supersedes, all prior negotiations, representations, or agreements, either
written or oral.
For:CITY OF DUBLIN
A Municipal Corporation
Joni Pattillo, City Manager
Im
Caroline Soto, City Clerk
Approved as to Form:
John Bakker, City Attorney
CONISULTANT
ichael Kashi i , (Municipal Services Director
C011SUffing Services Agreement between July 1, 2013
City of Dublin arid Interwest Corisulting Group Page 113 of 14
107,411
MN1194111MMINWOM
BUILDING INSPEC]FION AND PLAN C1 ECK SERVICES. Consultant shall enforce provisions of the City's
WIding, Residential, Electrical, Plumbing, Mechanical, Green Building Standards, Universal Design, Energy
and Housing Codes; the City of Dublin's Zoning Ordinance;, and related State and local laws, Consultant
shall make such inspections and investigations as may be required to effect such enforcement and issue
permits as are required by the City's Ordinances and duly adopted policies. Such enforcement shall include
the duties related to the WIding Official as set forth in the Dublin Municipal Code, and in the performance of
such work the Consultant shall do the following:
a, Plan Review. As directed by the Chief Building Official, review plans prepared by or
on behalf of applicants for compliance with the applicable Federal, State, and City ordinances and
regulations. Consultant shall maintain a close liaison with City Planning Department Staff in order
to insure that appropriate requirements of the Zoning Ordinance are incorporated within the plans
submitted. Consultant shall coordinate the submittal of plans and receipt of comments frorn other
appropriate agencies having jurisdiction in such matters relative to enforcement of fire codes,
sanRatlon codes, health codes, hazardous material regulations, and other regulatory agencies
Consultant will strive to complete the first plan check of plans subry0ted within ten (10) business
days of receipt of complete plans from the applicant. The goal agreed to by Consultant will be to
complete 95% of all complete submittals witl,iin the 10 day perbd. City recognizes that on large--
scale projects this may riot be possible and Consultant will strive for a plan review period, that does
not exceed fifteen, (15) days on large-scale projects, The Consultant shall notify the Chief Building
Official if the first plan check will not be completed within '10 business days.
Consultant will strive to complete all second or subsequent plan checks of plans submitted within
five (5) business days of receipt of complete plans from the applicant. The goal agreed to by
Consultant will be to complete 95% of all complete submittals within the five (5) day period. City
recognizes that on large -scale projects this may not be possible and Consultant will strive for a
plan review period that does not exceed ten (10) days on large-scale projects, The Consultant
shall notify the Chief Building Official if the second or subsequent plan checks will not be
completed within 5 business days,
b. LuiLd inn _Ins, ecfiort.. Provide building inspection services during the course of
construction of facilities to enforce compliance with the provisions of applicable laws including City
Ordinances and regulations set forth on the plans for which the permit is issued. In the
performance of such duties, Consultant shall provide prompt inspection for each project at the
completion of the various stages of construction to determine compliance, Consultant shall provide
City Manager and/or designee with relevant background information on all assigned inspection
personnel prior to assignment under this Agreement. Consi.dtant shall assign competent personnel
whose background, experience, applicable certifications, and demeanor demonstrate an ability to
conduct inspections of the type required under this Agreement, in accordance with City standards,
C011SUltIng Services Agreement between Afly 1, 2013
City of Dul,,)Iin and Interwest Consulting group--E-xhibil. A Page 1 of 2
City Manager and/or designee shall determine acceptability of assigned inspection personnel. ,
Consultant shall promptly identify alternate personnel in the event of a, request by City Manager
and/or designee,
In the event that Consultant requests, a change in the assigned inspection personnel, Consultant
shall bear the full cost of any training required to familiarize the assigned personnel with the current
status of projects in the City. At the minimum, this shall include a one-week overlap with both
inspectors. In the event that an assigned inspector is absent for a period of greater than three
concurrent workdays, the Consultant will provide a qualified temporary replacernent that is
approved by the City,
c. lJousing Code Enforcement. Under the direction of the Chief Building Official,
Consultant shall enforce the City Housing Code by investigation of complaints regarding SUb.,
standard housing conditions and when necessary, prepare cases for citation hearings, criminal
proceedings in municipal court, and/or civil abatement proceedings.
cl. Presentation of Code U
—M(k
t�Ls. In the event that the State of California adopts
revisions to any of the adopted codes during the term of this Agreement, Consultant shall assist the
Chief Building Official in preparing the staff report and necessary ordinances in advance of the
State mandatory implementation date.
e, Other Duties. Consultant shall perform other related activities as requested by the
City, including Building Official services, Fees for such services shall be negotiated on an as-
needed basis as approved by the City Manager or his/her designee.
REPORT] N G/PUBLIC INFORMATION. Consultant shall be responsible for coordination of monthly and
annual reports summarizing activities undertaken pursuant to this Agreement. Reports shall be in a format
and as mutually agreed by the City Manager and/or designee. As required, Consultant may prepare staff
reports for City Council, including but not limited to review and adoption of related code updates. Consultant
shall also assist with the preparation of informational brochures designed to assist the public with the
Building and Safety process,
C.OLLE.CTlON OF FEES. All fees collected from permit applicants in connection with the carrying out of the
functions set forth in this Agreement shall be collected by the City, If required, Consultant shall submit as
appropriate, information and recommendations on proposed City adjustments to the adopted fee schedules.
LIMITATIONS (AVOlDANCE OF CONFLICia). During the terry of this Agreement, ConSUltant shall not
provide services to any client fear a project that requires any approval fi-orn the City.
Consulting Services Agreernent between July 1, 2013
City of Dublin and Interwest, Consulting Group.. .-Exhibit A Page 2 of 2
Interwest Consulting Group
PAYMENTSCHEDUL
A. City shall pay Consultant for services rendered in accordance with the hourly rates stated in section B.
Consultant shall submit invoices, not more often than once per month, based upon the work completed. At
the sole discretion of the City, other payment schedules may be considered. invoices shall include an
accounting of all hours by classification and task, The format and documentation included on the invoice
shall be subject to approval by the City Manager and/or designee.
B, HOURLY RATES:
The following rates include all reimbursable or indirect costs, including but not limited to a vehicle and
mobile field device (smart phone or laptop) compatible with the City's permitting system.
1, Supervising Building Inspector
(Includes oversight of Contract Inspectors,
monitoring of Inspections demand and a
knowledge I certification in commercial
multi- family building systerns.)
2. Building Inspector III:
(Includes knowledge and certification in commercial
building systems including structural, rnechanical,
plumbing, and electrical systems.)
3. Building Inspector 11
(Includes Inspection as well as any plan checking
of Residential and Non. Structural Commercial/
Industrial Plans,)
4, Building Inspector I
(Includes Inspection of Residential buildings)
5. Plan Checking (on or off site)
(As authorized by City Manager and/or designee.)
6. Certified Access Specialist
(An hourly Surcharge is permitted for each
Building Inspector rate listed in this Exhibit
that holds an active CASp certification)
Consulting Services Agreement between
City of Dublin and Interwest Consulting GrOUID — Exhibit B
$'103-00
RM
MM
$58.00
$110.00
$1 M
,July 1, 2013
Page 'I of 1
SPECIAL PROVISIONS
The following provisions are hereby incorporated in the Agreement by and between Interwest Consulting Group
(Consultant) and City of Dublin (City):
ASSIGNED PERSONNEL/SUBCONTRACTORS,
The following terms and conditions are hereby agreed to by Consultant prior to the assignment of personnel or use by
Consultant Of Subcontractors.
a. Subrnittal to City _Mpeager, The name, background and experience of any and every firm or kidividual to
which any work outlined in this Agreement k to be performed rnust be submitted to the City Manager
and/or designee for prior approval,
Consultant Liable for Work of Subcontractors. Approval by the City Manager of a subcontractor shall not
relieve Consultant of any liability for the work to be performed pursuant to this Agreement, nor shall such
approval infer any contractual relationship between City and any subcontractor.
EMERGENCY OPERATIONS ASSISTANCE.
The following terms and condition are hereby agreed to by Consultant in the event of a local or regional emergency:
a, Re oit rrrtcr the City fi Dublin EmeQency Operations (,enter E.O.0 Contract personnel ) well retake a
reasonable effort to report to the City of Dublin E,O,C, as soon as possible following a local or regional
emergency.
b, Consultant shall _provide ernes jEncIp Dqredness.1rqi r . All contract personnel shall maintain at all
IgL _ �!i Lq_
firnes appropriate emergency training and certification, S' Uch as ATC-20 Damage Assessment Training
and Certification,
C. The Consultant shall make contract personnel and Consultant resources available for empanua
resDonse at the same hourly rates and conditions spgcijied in Phis craLtract.
d. 'The Consultant acknowledges that emergency ns in work hours
and assigjqments.
2051998A
. . . ............
Consulting Services Agreement between July 1, 2013
City of Dublin and Interwest C011SUlting Group—Exhibit C Page 1 of 1
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
THIS AGREEMENT for consulting services is made by arid between the City of Dublin ("City"') and
41-eaf Iric., ("Consultant") as of July 1, 2013,
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 Exhibit A at the time and
place and irr the manner specified therein. In the event of a conflict in or, inconsistency between the terms
of this Agreement and .Exhibit A, the Agreement shall prevail. Consuftant shall also conform to the
requirements of the Special Conditions attached as Exhibit C.
1.1 Term of Services. The term of this Agreement shall begin on the date, first noted above
and shall end one year therafter, except that this Agreement shall be automatically
extended from year to year, , unless the term of the Agreement is otherwise terminated or
extended, 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, allwork products
reqUired by this Agreernent in a substantial, first-class manner and shall C011f0rrn to the
standards of quality norrnM y observed by a person practicing in Consultant's profession,
1.3 Assignment 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 perlon"nance 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 obfigations, hereunder.
Section 2. COMPENSATION. City hereby agrees to pay Consultant the hourly SUrn set forth in the
Payment Schedule contained in Exhibit B, notwithstanding any contrary indications that may be contained
in Consultant's proposal or the Scope of Services, for services to be perforr-ned and reimbursable costs
incurred under this Agreement, In the event of a conflict between this Agreement and Consultant's
proposal, regarding the arrIOUnt of compensation, the Agreement shall prevail, C4y shall pay Consu[tarrt 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 JLriy 1, 2013
City of Dublin and 4-Leaf Inc Page 1 of 14
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 subcontractor., may be eligible. City
therefore has no responsibility for Such contributions, beyond compensation required Linder this Agireement.
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 folloMng information:
f Serial identifications of progress bills; i.e., 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 bakince 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 show4-ig 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 inumber 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 Exhibit A -,
The Consultant's signature.
2. Monthly Payment. City shall make rrionthly payrnents, 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.
® Final Pavrnent. City shall pay the last 10% of the total sunn due pursuant to this
Agreement within sixty (60) days after completiort of the services and submittal to City of a
final invoice, if all services required have been satisfactorily performed,
2, Total _Pj4ynjgnt, City shall pay for the services to be rendered by Consultant pursuant to
this Agreement. City shall riot pay any additional surn for any expense or cost whatsoever
incurred by Consultant in rendering set-vices pursuant to this Agreement. City shall make
no payment for any extra, further, or additional service pursuant to this Agreement,
Consufting Services Agreeinent between July 1, 2013
City of Dublin and 41._eaf lric Page 2 of 14
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 such an invoice by a properly
executed change order or amendment.
2.5 HOUH Fees. Fees for work performed by Consultant on an hourly basis shall not exceed
the amounts shown on the Payment Schedule, attached as Exhibit 13.
2.6 Reimbursable Expenses. Reimbursable expenses, if any, are set forth in Exhibit B,
2.7 FqyMent of Taxes. Consultant is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.8 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 terrnination. Consultant shalt maintain adequate logs and
timesheets in order to verify costs incurred to that date.
2.9 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 rnay be
reasonably necessary for Cori su Itarit's, use while consulting with City employees arid 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 ino event shall City be obligated to furnish any facility that may involve
incurring any direct expense, rnClUcling 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 perforrriance of the
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
Consulting Services Agreement between JUIY 1, 2013
City of Dublin and 41-eaf Inc Page 3 of 14
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 Workem' CompeqsqUon. Consultant shall, at its sole cost and expense', maintain
Sta tu to ry'Worke rs' 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 lirnits 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,
421 Generaljggyjj me ,, Consultant, at its own cost and expense, shall maintain
commercial general and automobile Lability insurance for the term of this
Agreement in an amount not less than ONE MILL-ION 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,
includ,ing death resulting therefrom, and damage to property resulting from
activities, conternplated under this Agreement, including the use of owned and non-
owned automobiles,
4.2.2 Minimum scope of,qoven e. Commercial general coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form
CG 0001 (ed. 11188) or Insurance Services Office form number GL 0002 (ed. 1/73)
covering comprehensive General Liability and 111SUrance Services Office form
number GL 0404 covering Broad Form Corriprehensive General I iabifity.
Automobile coverage shall be at least as broad as Insurance Services Office
Automobile Liability form CA 0001 (ed. 12/90) Code I ("'any auto"). No
endorsement shall be attacf-ied limiting the coverage,
Consulting Services Agreement between July 1, 2013
City of Dublin and ZILeaf Inc Page 4 of 14
42.3 Additional regykqpjq!kts. Each of the following shall be induced 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 insureds with respect to each of the following: liability arising out of
activifies performed by or on behalf of Consultant, including the insured's
general Supervision of Consultant; products and completed operations of
Consultant; prern ses owned, occupied, Or used by Consultant; and
automobiles owned, leased, or used by the ConSLIttant, The coverage
shall contain no special limitations on tile 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 nlaH, return receipt
requested, has been given to the City,
4.3 Professional qgq
ility lnsu� . ConSUltant, at its own cost and expense, shall
_ __.
maintain for the period covered by this Agreement professional Hability insurance 'for
licensed professionals performing work pursuant to this Agreement in an amount not less
than ONE MILLION IDOLLA RS ($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 All endorsement shall state that coverage shall not be suspended, voided,
canceled by either party, reduced in coverage or in limits, except after thfi1y (30)
days' prior written notice by certified nail, return receipt requested, has been given
to the City,
4,.3.3 'File POIJCY MUSt contain a Gross liability or severabd4y of interest clause.
. ................................................ . -.— . . . . ...... . ...... . ........................ . ...................... ---- . . .. ................. . . -- ............ . .... . ..... . . ........... . ..................
Consulting Services Agreement between July 1, 2013
City of DubHn and 4Leaf inc Flage 0 of 1d.
43A The following 1.,)rovisions shall appiy if the professional liability coverages are
written on a claims-rnade 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 cornmerGiaHy available at reasonable rates,
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.
Fhe 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,
A copy of the cairn reporting requirements must be Submitted to the City
prior to the commencement of any work under this Agreernent,
4.4.1 Acceptability of insurers. Ali insurance required by this section is to be planed
with insurers with a Bests' rating of no less than A:VII,
4.4.2 Verification of covorage. 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
polices 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
such insurance are either riot commercially available, or that the City's interests
are otherwise fully protected,
Consulting Service;. Agreement between July 1, 2013
City of Dubfiri and 41-eaf Inc Page 6 of 14
A. Deductibles and Self-Insured 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 Adaflnistrator, 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, clairri
administration, and defense expenses that is satisfactory in all respects to each of
them,
®. Notice of Reduction in Covera e. in the event that any coverage required by
9 _
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 Tails 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
if 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 an 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
to property, or violaflon 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 Consul[arit or its employees,
subcontractor, or agents have contribute(] in no part to the injury, loss of life, damage to property, or
.............. . ............... ............. . .................
Consulting Services Agreement between July 1, 2013
City of Dublin and 4 Leaf Inc Page '7 of 14
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 COrISUltant 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 (P RS) to be eligible for enrollment in PERS as an employee of City, Consultant shall
indernnify, 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 other-wise be the responsibility of
City.
Section 6. s"rATLIS OF CONSULTANT.
... ....... . ....... . ......
6.1 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 13;
however, otherwise City shall not have the right to control tl,-ie means by which Consultant
accomplishes services rendered Pur -suant 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.
6,2 Consultant No A. ent. Except as City may specify in writing, Consultant shall have no
authority, express or impfied, 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.
Section 7. LEGAL REQUIREMENTS.
°7'.11 Governi 1119 Law, The laws of the State of California shall govern this Agreement.
—. —nn--nn— .
7'.2 COMPlianCe with Applicable Laws. Consultant and any subcontractors shall comply with
jL
all laws applicable to the performance of the work hereunder,
.................... . ........................... . .. . -------------------------------------------- nnn-- . . ........._r
Consulting Services Agreement between July 1, 2013
City of Dublin and 41..eaf Inc Page 8 of 14
73 Other GovernrnentqLRq9Wgtjqp.§, 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 ernployees, agents, and any subcontractor's have all licenses, permits, qualifications,
and approvals of whatsoever nature that are Ieg ally 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 EqMgL0ppqqunity, 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 eiriployrnent, 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 cornpiy 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 sul')ject of this
Agreement, including but not IHimited 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 Agreernent,
Section & 'TERMINATION AND MODIFICATION,
8.1 Termination. City may cancel this Agreernent at any tirne 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 a-ititled 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.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this
Agreement beyond that provided for in 'Subsection 11 Any such extension shall require a
— ----- . .. . . .... . . ........ . .......... . . .... .. . ... . ...... -..—
Consulting Services Agreernent between A0y 1, 2013
City of Dublin and 4Leaf Inc, Page 9 of 111
written arnendmei-)t to this Agreement, as provided for herein. Consultant understands and
agrees that, it City grants such an extension, City shall have no obligation to provide
Consultant with compensation beyond the maxii-num amount provided for in this
Agreement. Similarly, unless authorized by the Contract Administrator, C4y shall have no
obligation to reimburse Consultant for any otherwise reirnbursable 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 Assignment and Subcontracting. City arid 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 substantiaU 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 AdiTiiiiisti'atoi-, Consultant shall not subcontract any portion of the
performance contemplated and provided for hereiri, other than to the subcontractors noted
in the proposal, without prior written approval of the Contract Administrator.
8. 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 Pp bv
f!2rjg� up2n reach Consultant. If Consultant materially breaches any of the terms
of this Agreement, City's remedies shall include, but not be limited to, the following:
8. 6.1 Immediately terminate the Agreement;
8.6. Retain the plans, specifications, drawings, reports, design documents, and any
other work product prepared by Consultant PUMUarit to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not
finished by Consultant; or
U.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 arnOUnt that
City would have paid Consultant pursuant to Section 2 if Consultant had
completed the work.
section 9. KEEPING AND STATUS OF RECORDS.,
9A Records Created as P ' art of Consultant'sPerformance. Ali reports, data, reaps,
rnodels, charts, studies, surveys, photographs, mernor-anda, plans, studies, specifications,
records, files, or any other documents or materials, in electronic or any other form, that
Consulting Services Agreement between July 1, 2013
City of Dublin arid 41..eaf Ino Page 10 of 14
Consultant prepares or obtains pursuant to this Agreement and that relate to the inatters
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
riot 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. ConSWtant 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 rninimurn 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 rnade available for inspection, audit,
arid/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 arrIOU11t 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.
10,11 Atto ran e s. 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 exclusivOy 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 Severability. 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
provision of this Agreement shall riot void or affect the validity of any other provision of this
Agreement.
Consulting Services Agreernent between July 1, 2013
City of Dublin and 41-eaf Inc Page 11 of 14
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 Assigns, The provisioris 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 RecyqJ!!4!1,.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 Reforrn Act,
codified at California Governryient 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
Agreenient that would violate California Government C.ode Sections 1090 et seq.
Consultant hereby warrants that it is not now, riot, has it been in the previous twelve (12)
months, an employee, agent, appointee, or official of the City. If Consultant was an
ernployee, 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 §1090 etseq., the entire Agreement is void and Consultant will not be
entified to any compensation for services performed pursuant to this Agreement, including
reimbursement of expenses, and Consultant will be required to reirriburse 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 § 1090 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, fOCLIS group, or
interview related to this Agreement, either orally or through any written materials,
'10.9 Contract Administration. This Agreement shall be administered by Chief Building
Official ("Contract Administrator"), Ail correspondence shall be directed to or through
the Contract Administrator or his or her designee,
10.10 Notices. Any written inotice to Consultant shall be sent to-
41-eaf, Inc,
Attention: Kevin Duggan
2110 Rheern Drive Suite A
Re canton CA 94588
Consulting Services Agreement between July 1, 2013
City of [Xiblin and 4Leaf Iric Page '12 of 14
Any written notice to City shall be sent to:
City of Dublin
Attention: City Manager
100 Civic Plaza
Dublin, CA 94568
10.11 Irate g!gfiqj This Agreement, including the Scoptqf Worl�lExif�[)iLA)i[2alli rat . , LledUle
(Exhibit B) arid Special Provi= L )
,,Jipns Exhibit C , which Exhibits are attached hereto and
incorporated herein , represents the entire and integrated agreement between City and
Consultant and supersedes all prior negotiations, representations, or agreernents, either
written or oral.
For ;CITY OF DUBLIN
A MunOpal Corporation
Joni Pattillo, City Manager
FAM
Caroline Soto, City Clerk
Approved as to Form:
. ......... . ............ ---- . . . ....
56-h-�'—Ba-ld(er, City Attorney
CONSULT�N-T
m.
.......... . . ..... . . ..... . ........ . . .. . ... . ..........................
Kevin Duggan,, siden't 4L.eaf Inc
Consulting Services Agreement between July 1, 2013
City of Dublin and 4Leaf Iric Page '13 of 14
SCOPE OF SERVICES
BUILDING INSPECTION AND PLAN CHECK SERVICES, Consultant shall enforce provisions of the City's
Building, Residential, Electrical, Plumbing, Mechanical, Green Building Standards, Universal Design, Energy
and Housing Codes; the City of Dublin's Zoniilg Ordinance; and related State and local laws. Consultant
shall make such inspections and investigations as may be required to effect Such enforcement and issue
permits as are required by the City's Ordinances and duly adopted policies. Such enforcement shall include
the duties related to the Building Official as set forth in the Dublin Municipal Code, and in the performance of
Such work the Consultant shall do the following:
a, Plan Review, As directed by the Chief Building Official, review plans prepared by or
on behalf of applicants for compliance with the applicable Federal, State, and City ordinances and
regulations. Consultant shall maintain a close liaison with City Planning Department Staff in order
to insure that appropriate requirements of the Zoning Ordinance are incorporated within the plans
Submitted, Consultant shall coordinate the submittal of plans and receipt of comments frorn other
appropriate agencies having jurisdiction in such matters relative to enforcement of fire codes,
sanitation codes, health codes, hazardous material regulations, and Other regulatory agencies,
Consultant wills strive to complete the first plan check of plans submitted within ten (1 fl) business
days of receipt of complete plans from the applicant. The goal agreed to by Consultant will be to
complete 95% of all complete submittals within the 10 day period, City recognizes that on large-
scale projects this may not be possible and Consultant will strive for a plan review period that does
not exceed fifteen (15) days on large-scale projects, The Consultant shall notify the Chief Building
Official if the first plan check will not be completed within 10 business days.
Consultant will strive to complete all second or subsequent plan checks of plans submitted within
five (5) business days of receipt Of complete plans from the applicant. The goal agreed to by
Consultant will be to complete 95% of all complete subrnittals within the five (5) day period. City
recognizes that on large - scale projects this may not be possible and Consultant will strive for a
plan review period that does not exceed ten (1 td) days on large - scale projects. The Consultant
shall notify the Chief Building Official if the second or subsequent plan checks will not be
completed within 5 business days,
b. Building Inspection, Provide building inspection services during, tile course of
construction of facilities to enforce compliance with the provisions of applicable laws including City
Ordinances and regulations set forth oil the plans for which the permit is issued. In the
performance Of Such duties, Consultant shall provide prompt inspection for each project at the
completion of the various stages of construction to determine compliance. Consultant shall provide
City Manager and/or designee with relevant background information on all assigned inspection
personnel prior to assignment under this Agreement. Consultant shall assign competent personnel
whose background, experience, applicable certifications, and demeanor dernonstrate an ability to
conduct inspections of the type required under this Agreement, in accordance with City standards.
Consulting Services Agreement between July 1, 2013
City of Dublin and 4Leaf I ric.--.Exhd)it A Page 'I of 2
City Manager and/or designee, shall determine acceptability of assigned inspection personneL
Consultant shall promptly identify alternate personnel in the event of a request by City Manager
and/or designee.
In the event tl"iat Consultant requests a change in the assigned inspection personnel, Consultant
shall bear the full cost of any training required to familiarize the assigned personnel with the current
status of projects in tl')e City. At the minimum, this shall include a one-week overlap with both
inspectors. In the event that an assigned inspector is absent for a period of greater than three
concurrent workdays, the Consultant will provide a qualified temporary replacement that is
approved by the City.
c. Housing Code, Enforcement. Under the direction of the Chief Building Official,
Consultant shall enforce the City Housing Code by investigation of complaints regarding sub-
standard housing conditions and when necessary, prepare cases for citation hearings, criminal
proceedings in municipal Court, and/or civili abatement proceedings.
d. Presentation of Code Updates. In the event that the State of California adopts
revisions to any of the adopted codes during the term of this Agreement, Consultant ,,..,'hall assist the
Chief Building Official in preparing the staff report and necessary ordinances in advance of the
State mandatory implementation date.
e. Other Duties. Consultant shall perform other related activities as requested by the
City, including Building Official services, Fees for such services shall be negotiated on an as-
needed basis as approved by the City Manager or his/her designee.
' PORTING/PUBLIC INFORMATION, Consultant shall be responsible for coordination of monthly and
annual reports summarizing activities undertaken pursuant to this Agreement. Reports shall be in a format
and as Mutually agreed by the City Manager and/or designee. As required, Consultant may prepare staff
reports for City Council, including but not limited to review and adoption of related code updates. Consultant
shall also assist with the preparation of informational brocl"wres designed to assist the public with the
Building and Safety process.
COLLEC'nCiN OF FEES. All fees collected from permit applicants in connection with the carrying out of the
functions set forth in this Agreement shall be collected by the City. If required, Consultant shall submit as
appropriate, information and recommendations on proposed City adjustments to the adopted fee schedules.
4. 1-1 MITATIONSIAVOl DANCE OF CONFLICTS During the term of this Agreement, Consultant shall not
provide services to any client for a project that requires any approval from the City,
Consulting Services Agreement between July '1, 2013
City of Dublin and 41-eaf Inc.—Exhibit A Page 2 of 2
VaIRNORM,
A. City shall pay Consultant for services rendered in accordance with the hourly rates stated in section B.
Consultant shall submit invoices, not more often than once per month, based upon the work completed. At
the sole discretion of the City, other f')aymerit schedules may be considered. Invoices shall include an
aCGOUnfing of all hours by classification and task. The forrTiat and documentation included one the invoice
shall be subject to approval by the City Manager and/or designee.
HOURLY RATES:
'rhe following rates include all reimbursable or indirect costs, including but not limited to a vehicle and
mobile field device (smart phone or laptop) compatible with the City's permitting system.
1, SLJpervisingBukding Inspector $103,00
(Includes oversight of Contract Inspectors,
monitoring of Inspections demand and a
knowledge / certification in commercial
multi-family building systems.)
2, Building Inspector 111 $94.00
(includes knowledge and ceilffication in commercial
building systerns including structural, mechanical,
plumbing, and electrical systems,)
3. Building Inspector H $84.00
(Includes lrispection as well as any plan checking
of Residential and Non-Structural Commercial/
Industrial Plans,)
4, Building Inspector 1 $58.00
(Includes Inspection of Residential buildings)
5. Plan Checking (on or off site) $110.00
(As authorized by City Manager and/or designee.)
6. Certified Access Specialist $1.00
(An hourly Surcharge is peniiitted for each
Building Inspector rate listed in th s Exhibit
that holds an active CA Sp certification)
Consulting Servic>es Agreement between July 1, 2013
City of DUbfin and 4Leaf Inc.,, Exhibit B Page 1 of I
11,01HE
SPECIAL PROVISIONS
The following provisions are hereby incorporated in the Agr(zerrient by and between 41.eaf Inc. (Consultant) and City of
Dublin (City):
ASSIGNED PERSONNEUSUBCONTRACTORS.
The following terms and conditions are hereby agreed to by Consultant prior to the assignment of personnel or use by
Consultant of subcontractors.
a. Submittal to Qjty Manager, The name, background and experience of any and every firm or individual to
which any work outlined in this Agreement is to be performed ITILISt be submitted to the C Ky Manager
and/or designee for prior approval.
b. Consultant Liable for Work of Subcontractors, Approval by the City Manager of a subcontractor shall not
relieve Consultant of any liability for the work to be performed pursuant to this Agreement, nor shall such
approval infer any contractual relationship between City and any subcontractor,
EMERGENCY OPERATIONS ASSISTANCE
The following terrns and conditions are hereby agreed to by Consultant in the event of a local or regional emergency:
a. Report into the Cky of Dublin Ernp ig,n,§
. ... _Qpnter E-.O_,C.1 Contract personnel will make a
reasonable effort to report to the City of Dublin E.O.C. as soon as possible following a local or regional
emergency,
b. Q o.nsuItant,s!jqj_!_provide emergency � edness training_ All contract personnel shall maintain at all
firnes, appropriate emergency training and certification, such as ATC-20 Damage Assessment Training
and Certification,
C. The Consultant shall make contract personnel and Consultant resources available for � �ercxja
jgs Ronst.at the same hourly s e ified in this contract,
]'he Consultant acknowledggs �'ia[ q�qLe E!L!)jpy,n- i iat Lor work hours,
and assignments.
2051998,1
Consulting Services Agreement between July 1, 2013
City of IDubliin and 4-Leaf Inc., Exhibit C ["age 1 of 1
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
RBF CONSULTING PLANNING AND ENVIRONMENTAL SERVICES
THIS AGREEMENT for consulting services is made by and between the City of Dublin ( "City ") and RBF
Consulting ( "Consultant ") as of June 18, 2013.
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 Exhibit A 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 Exhibit A, 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 one year thereafter, except that except that the Agreement shall be
automatically extended from year to year unless the Agreement is otherwise terminated 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 Assignment 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 1.2 above and to satisfy Consultant's obligations hereunder.
Section 2. COMPENSATION. City hereby agrees to pay Consultant the hourly sum set forth in
Exhibit B, 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 Consultants proposal attached as Exhibit A, 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 June 18, 2013
City of Dublin and RBF Consulting Page 1 of 13
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. Said invoices shall reflect the specific tasks and
timetables identified in Exhibit A attached. Invoices shall contain the following information:
• Serial identifications of progress bills; i.e., 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 Exhibit A;
• 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 Work Not Authorized. 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 June 18, 2013
City of Dublin and RBF Consulting Page 2 of 13
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 such an 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 in Exhibit B.
2.7 Reimbursable Expenses. Payment shall be limited to the hourly rates contained in
Exhibit B. No reimbursable expenses shall be paid.
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.
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
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.
Consulting Services Agreement between June 18, 2013
City of Dublin and RBF Consulting Page 3 of 13
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 Liability Insurance.
4.2.1 General requirements. 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 coverage. 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)
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:
Consulting Services Agreement between June 18, 2013
City of Dublin and RBF Consulting Page 4 of 13
City and its officers, employees, agents, and volunteers shall be covered
as insureds with respect to each of the following: liability arising out of
activities performed by or on behalf 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.
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.
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, except after thirty (30) days' prior written notice
has been given to the City.
4.3 Professional Liability 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, except after thirty (30) days' prior written notice 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:
The retroactive date of the policy must be shown and must be before the
date of the Agreement.
Consulting Services Agreement between June 18, 2013
City of Dublin and RBF Consulting Page 5 of 13
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.
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 Acceptability of insurers. All insurance required by this section is to be placed
with insurers with a Bests' rating of no less than ANIL
4.4.2 Verification of coverage. 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
such insurance are either not commercially available, or that the City's interests
are otherwise fully protected.
4.4.5 Deductibles and Self- Insured 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
Consulting Services Agreement between June 18, 2013
City of Dublin and RBF Consulting Page 6 of 13
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 Coverage. 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 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 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.
Consulting Services Agreement between June 18, 2013
City of Dublin and RBF Consulting Page 7 of 13
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. STATUS OF CONSULTANT.
6.1 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.
6.2 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.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
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 Regulations. 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
Consulting Services Agreement between June 18, 2013
City of Dublin and RBF Consulting Page 8 of 13
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 ten (10) 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.
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.
Consulting Services Agreement between June 18, 2013
City of Dublin and RBF Consulting Page 9 of 13
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the
parties.
8.4 Assignment and Subcontracting. 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 by 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.
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
Consulting Services Agreement between June 18, 2013
City of Dublin and RBF Consulting Page 10 of 13
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 Attorneys' 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 Severability. 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
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 Assigns. The provisions of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the parties.
Consulting Services Agreement between June 18, 2013
City of Dublin and RBF Consulting Page 11 of 13
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 §1090 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 expenses, 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 § 1090 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 Luke Sims,
Community Development Director ( "Contract Administrator "). All correspondence shall be
directed to or through the Contract Administrator or his or her designee.
10.10 Notices.
Any written notice to Consultant shall be sent to:
Bill Wiseman, Vice President
RBF Consulting
3180 Imjin Road, Suite 110
Marina, CA 93933
Any written notice to City shall be sent to:
Jeff Baker
Assistant Community Development Director
City of Dublin Community Development Department
100 Civic Plaza
Dublin, CA 94568
Consulting Services Agreement between June 18, 2013
City of Dublin and RBF Consulting Page 12 of 13
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 report/design preparation. The stamp/seal shall be in a block entitled
"Seal and Signature of Registered Professional with report/design responsibility," as in the
following example.
Seal and Signature of Registered Professional with
report/design responsibility.
10.12 Integratiom This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibit A, 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
Joni L. Pattillo, City Manager
City of Dublin
Attest
Caroline Soto, City Clerk
Approved as to Form:
John D. Bakker, City Attorney
COrU'LT, A T
�
Bill Wiseman, Vice President
RBF Consulting
GACONTRACTS\Plann�ng Consuftants\RBF On-CaIARBF Contract 6.18.13.doc
Consulting Services Agreement between June 18, 2013
City of Dublin and RBF Consulting Page 13 of 13
EXHIBIT A
SCOPE OF SERVICES
Provision of Planning, Public Works, and other development services including, but not limited to,
environmental, architectural, landscape architectural, and or biological consulting services to the City of
Dublin regarding processing of:
• Development entitlements
• City of Dublin projects
Said services shall be performed at the direction of the Community Development Director on an as needed
basis.
Adjustment of Rates
Hourly rates shall be those set forth in Exhibit B (Compensation Schedule).
Consulting Services Agreement between June 18, 2013
City of Dublin and RBF Consulting
EXHIBIT B
COMPENSATION SCHEDULE
City hereby agrees to pay Consultant a sum not to exceed $125.00 per hour
Consultant shall not bill for any reimbursable items
Consulting Services Agreement between June 18, 2013
City of Dublin and RBF Consulting
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND CIRCLEPOINT
ON -CALL CONTRACT FOR ENVIRONMENTAL SERVICES
THIS AGREEMENT for consulting services is made by and between the City of Dublin ( "City ") and
Circlepoint ("Consultant ") as of June 18, 2013.
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 Services attached as Exhibit A 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
Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on July 1, 2013 and shall end one year
thereafter, except that the Agreement shall be automatically extended from year to year unless the
Agreement is otherwise terminated, 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 Assignment 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 1.2 above
and to satisfy Consultant's obligations hereunder.
Section 2. COMPENSATION. City hereby agrees to pay Consultant the hourly sum set forth in the
Compensation Schedule contained in Exhibit B, 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 Exhibit A, 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.
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.
Consulting Services Agreement between June 18, 2013
City of Dublin and Circlepoint Page 1 of 11
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; i.e., 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;
• The Consultant's signature.
2.2 Monthly Payment. City shall make 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.
23 fliesorved.1
2.4 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 such an invoice by a properly executed change order or
amendment.
2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the
amounts shown on the Compensation Schedule contained in Exhibit B.
2.6 Reimbursable Expenses. Payment shall be limited to the hourly rates contained in Exhibit B. No
reimbursable expenses shall be paid.
2.7 Payment of Taxes Consultant is solely responsible for the payment of employment taxes incurred
under this Agreement and any similar federal or state taxes.
2.8 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
Consulting Services Agreement between June 18, 2013
City of Dublin and Circlepoint Page 2 of 11
termination. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred
to that date.
2,9 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 may furnish physical facilities such as desks, telephone service, 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.
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 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. Consultant shall notify City within 14 days of
notification from Consultant's insurer if such coverage is suspended, voided or reduced in coverage
or in limits.
Consulting Services Agreement between June 18, 2013
City of Dublin and Circlepoint Page 3 of 11
4.2 Commercial General and Automobile Liability Insurance
421 General requirements. 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 non -owned automobiles.
4.2.2 Minimum scope of covers e. Commercial general coverage shall be at least as broad as
insurance Services Office Commercial General Liability occurrence form CG 0001.
Automobile coverage shall be at least as broad as Insurance Services Office Automobile
Liability form CA 0001 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:
City and its officers, employees, agents, and volunteers shall be covered as
insureds 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 leased, or hired 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.
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.
Consultant shall notify City within 14 days of notification from Consultant's insurer if
such coverage is suspended, voided or reduced in coverage or in limits
Consulting Services Agreement between June 18, 2013
City of Dublin and Circlepoint Page 4 of 11
4.3 Profess_ onal Liability, 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) 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 Acceptability 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 coverage. 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.
Consulting Services Agreement between June 18, 2013
City of Dublin and Circlepoint Page 5 of 11
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 such insurance are either not
commercially available, or that the Citys interests are otherwise fully protected,
4.4.5 Deductibles and Self- Insured 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 Coverage. 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 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
Consulting Services Agreement between June 18, 2013
City of Dublin and Circlepoint Page 6 of 11
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. STATUS OF CONSULTANT.
6.1 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.
6.2 Waiver of Employee Benefits. 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.
6.3 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.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
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 Regulations. To the extent that this Agreement may be funded by fiscal
assistance from another governmental entity, Consultant and any subcontractors shall comply with
Consulting Services Agreement between June 18, 2013
City of Dublin and Circlepoint Page 7 of 11
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. 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 thirty (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.
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.
Consulting Services Agreement between June 18, 2413
City of Dublin and Circlepoint Page 8 of 11
8.4 Assignment and Subcontracting, 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 by 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.
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.
Consulting Services Agreement between June 18, 2013
City of Dublin and Circlepoint Page 9 of 11
9.3 Inspection and Audit o , Records. Any records or documents that Section 9.2 of this Agreement
—p • f
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 Attorneys' 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 Severability. 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 provision of this Agreement shall not
void or affect the validity of any other provision of this Agreement.
10.4 do Implied Waiver off Breach. The waiver of any breach of a specific provision of this Agreement
waiver of any other breach of that term or any other term of this Agreement,
10.5 Successors and Assigns. 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
— Y P
p 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
Consulting Services Agreement between June 18, 2013
City of Dublin and Circlepoint Page 10 of 11
made in violation of Government Code §1090 ef.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 expenses, 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 § 1090 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 the Planning Manager
( "Contract Administrator "). All correspondence shall be directed to or through the Contract
Administrator or his or her designee,
10.10 Notices. Any written notice to Consultant shall be sent to:
Cheryl Lee, Chief Financial Officer
Circlepoint
1814 Franklin Street, Ste, 1000
Oakland, CA 94612
Any written notice to City shall be sent to:
Jeff Baker
Assistant Community Development Director
City of Dublin
100 Civic Plaza
Dublin, CA 94568
10.12 Integration. This Agreement, including the scope of work attached hereto and incorporated herein
as Exhibit A, 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
Joni Pattillo, City Manager
Attest:
Caroline Soto, City Clerk
Approved as to Form:
John Bakker, City Attorney
CONSULTANT
0
Scott Steinwert, President
Consulting Services Agreement between June 18, 2013
City of Dublin and Circlepoint Page 11 of 11
EXHIBIT A
SCOPE OF SERVICES
Provision of Planning, Public Works, and other development services including, but not limited to, environmental,
architectural, landscape architectural and/or biological consulting services to the City of Dublin regarding:
o Processing of development entitlements
o City of Dublin projects
Said services shall be performed at the direction of the Community Development Director on an as- needed basis.
Adiustment of Rates
Hourly rates shall be those set forth in Exhibit B (Compensation Schedule).
Consulting g
Services Agreement between June 18, 2013
City of Dublin and Circlepoint f Exhibit A Page 1 of 1
EXHIBIT B
COMPENSATION SCHEDULE
City hereby agrees to pay Consultant a sum not to exceed $125,00 per hour.
Consultant shall not bill for any reimbursable items.
Consulting Services Agreement between June 18, 2013
City of Dublin and Circlepoint ] Exhibit B Page 1 of 1
This amendment is made and entered into this 181h day of June, 2013, by and between the City of Dublin, a
municipal corporation ("City"), and A.S. DLitchover & Associates ("Consultant"), Collectively, the City and the
Consultant are referred to as the "Parties."
WHEREAS, effective July 1, 2012, the Parties entered into a Consulting Services Agreement in which the
Consultant agreed to provide Landscape Architecture services to City ("Agreement"); and
WHEREAS, in Exhibit B to the Agreement, City agreed to pay Consultant at a rate not to exceed $103.50
per hour; and
WHEREAS, Staff is requesting an adjustment of rates commencing July 1, 2013; and
WHEREAS, the Parties seek to adjust the hourly rate to $125.00 per hour.
NOW, THEREFORE, in consideration of the covenants contained herein, the Parties hereto agree as
follows:
Section 1. Exhibit B of the Agreement is amended to read as follows:
City hereby agrees to pay Consultant a sum not to exceed $125.00 per hour for work commendI ng on or
after July 1, 2013.
Consultant shall not bill for any reimbursable items.
Section 2. The existing Agreement remains in effect except as specifically modified herein.
IN WITNESS THEREOF, the Parties hereto have executed this amendment as of the day and year first
written above,
Joni: Patfillo, City Manager
Attest:
Caroline Soto, City Clerk
CONSULTANT
/ *Land'
Al Dutchover, Landscape Arch
AMENDMENT NUMBER ONE TO CONSULTING SERVICES AGREEMENT BETWEEN
CITY OF DUBLIN AND THE CITY OF DUBLIN AND CANNON DESIGN GROUP
ON -CALL CONTRACT FOR PLANNING SERVICES
This amendment is made and entered into this 18th day of June, 2013, by and between the City of Dublin, a
municipal corporation ( "City), and Cannon Design Group (Consultant "). Collectively, the City and the Consultant
are referred to as the "Parties."
RECITALS
WHEREAS, effective July 1, 2012, the Parties entered into a Consulting Services Agreement in which the
Consultant agreed to provide planning and architectural services to City ( "Agreement "); and
WHEREAS, in Exhibit B to the Agreement, City agreed to pay Consultant at a rate not to exceed $103.50
per hour; and
WHEREAS, Staff is requesting an adjustment of rates commencing July 1, 2013; and
WHEREAS, the Parties seek to adjust the hourly rate to $125.00 per hour.
NOW, THEREFORE, in consideration of the covenants contained herein, the Parties hereto agree as
follows:
Section 1. Exhibit B of the Agreement is amended to read as follows:
City hereby agrees to pay Consultant a sum not to exceed $125.00 per hour for work commencing on or
after July 1, 2093.
Consultant shall not bill for any reimbursable items.
Section 2. The existing Agreement remains in effect except as specifically modified herein.
IN WITNESS THEREOF, the Parties hereto have executed this amendment as of the day and year first
written above.
CITY OF DUBLIN
Joni Pattillo, City Manager
Attest:
Caroline Soto, City Clerk
CONSULTANT
/ "0�6111_4
Larry Canno rincipal
AMENDMENT NUMBER ONE TO CONSULTING SERVICES AGREEMENT BETWEEN
CITY OF DUBLIN AND THE CITY OF DUBLIN AND DAVID L. BABBY
ON-CALL CONTRACT FOR ARBORIST SERVICES
This amendment is made and entered into this 181" day of June, 2013, by and between the City of Dublin, a
municipal corporation ( "City "), and David L. Babby ( "Consultant'). Collectively, the City and the Consultant are
referred to as the `Parties."
RECITALS
WHEREAS, effective July 1, 2012, the Parties entered into a Consulting Services Agreement in which the
Consultant agreed to provide planning and arborist services to City ( "Agreement'); and
WHEREAS, in Exhibit B to the Agreement, City agreed to pay Consultant at a rate not to exceed $103.50
per hour; and
WHEREAS, Staff is requesting an adjustment of rates commencing July 1, 2013; and
WHEREAS, the Parties seek to adjust the hourly rate to $125.00 per hour.
NOW, THEREFORE, in consideration of the covenants contained herein, the Parties hereto agree as
follows:
Section 1. Exhibit B of the Agreement is amended to read as follows:
City hereby agrees to pay Consultant a sum not to exceed $125.00 per hour for work commencing on or
after July 1, 2013.
Consultant shall not bill for any reimbursable items.
Section 2. The existing Agreement remains in effect except as specifically modified herein.
IN WITNESS THEREOF, the Parties hereto have executed this amendment as of the day and year first
written above.
CITY OF DUBLIN
Joni Pattillo, City Manager
Attest:
Caroline Soto, City Clerk
CONSULT T
David L. Babby, Principal
This amendment is made and entered into this 186 day of June, 2013, by and between the City of Dublin:, a
municipal corporation ("City"), and David E. Babcock & Associates ( "Consultant "). Collectively, the City and the
Consultant are referred to as tile "Parties."
MAROM
WHEREAS, effective July 1, 2012, the Parties entered into a Consulting Services Agreement in which the
Consultant agreed to provide planning and architectural services to City ("Agreement"); and
WHEREAS, in Exhibit B to the Agreement, City agreed to pay Consultant at a rate not to exceed $103,50
per hour; and
WHEREAS, Staff is requesting an adjustment of rates commencing July 1, 2013; and
WHEREAS, the Parties seek to adjust the hourly rate to $125.,00 per hour,
NOW, THEREFORE, in consideration of the covenants contained herein, the Parties hereto agree as
follows:
i 1111111 1 1 ;Iiilii
III
City hereby agrees to pay Consultant a sum not to exceed $125.00, per hour for work commencing on or
after July 1, 2013.
Consultant shall not bill for any reimbursable items,
Section 2. The existing Agreement remains in effect except as specifically modified herein,
IN WITNESS THEREOF, the Parties hereto have executed this amendment as of the day and year first
written above,
CITY OF DUBLIN
MMEEMIM=
Attest:
Caroline Soto, City Clerk
CONSULTANT
David E. Babcock, Principal
This amendment is made and entered into this 1811, day of June, 2013, by and between the Uty of Dublin, a
municipal corporation ("City"), and Environmental Foresight, Inc, ("Consultant"), Collectively, the City and the
Consultant are referred to as the "Parties,"
RECITALS
WHEREAS, effective October 18, 2011, the Parties entered into a Consulting Services Agreement in which
the Consultant agreed to provide landscape plan review services to City ("Agreement"): and
WHEREAS, Exhibit B to said agreement was amended whereby the City agreed to pay Consultant at a rate
not to exceed $103.50 per hour beginning on July 1, 2012; and
WHEREAS, Staff is requesting an adjustment of rates commencing July 1, 2013; and
WHEREAS, the Parties seek to adjust the hourly rate to $12�5.00 per hour,
NOW, THEREFORE, in consideration of the covenants contained herein, the Parties hereto agree as
follows:
Section 1. Exhibit B of the Agreement is amended to read as follows:
City hereby agrees to pay Consultant a sung not to exceed $125.00 per hour for work commencing or) or
after July 1, 2013,
Consultant shall not bill for any reimbursable items.
Section 2. The existing Agreement remains in effect except as specifically modified herein,
IN WITNESS THEREOF, the Parties hereto have executed this amendment as of the day and year first
written above,
CITY OF DUBLIN
am
Caroline Soto, City Clerk
ONS IAI' ,""
Scott Feuer, Senior Principal
AMENDMENT NUMBER ONE TO CONSULTING SERVICES AGREEMENT BETWEEN
CITY OF DUBLIN AND THE CITY OF DUBLIN AND GRAINGER HUNT
ON -CALL CONTRACT FOR ECOLOGICAL SERVICES
This amendment is made and entered into this 18th day of June, 2013, by and between the City of Dublin, a
municipal corporation ( "City "), and Grainger Hunt ( "Consultant "). Collectively, the City and the Consultant are
referred to as the "Parties."
RECITALS
WHEREAS, effective July 1, 2012, the Parties entered into a Consulting Services Agreement in which the
Consultant agreed to provide ecological services to City ( "Agreement "); and
WHEREAS, in Exhibit B to the Agreement, City agreed to pay Consultant at a rate not to exceed $103.50
per hour; and
follows:
WHEREAS, Staff is requesting an adjustment of rates commencing July 1, 2013; and
WHEREAS, the Parties seek to adjust the hourly rate to $125.00 per hour.
NOW, THEREFORE, in consideration of the covenants contained herein, the Parties hereto agree as
Section 1. Exhibit B of the Agreement is amended to read as follows:
City hereby agrees to pay Consultant a sum not to exceed $125.00 per hour for work commencing on or
after July 1, 2013.
Consultant shall not bill for any reimbursable items.
Section 2. The existing Agreement remains in effect except as specifically modified herein.
IN WITNESS THEREOF, the Parties hereto have executed this amendment as of the day and year first
written above.
CITY OF DUBLIN
CONSULTANT
Joni Pattillo, City Manager Grainger Hunt
Attest:
Caroline Soto, City Clerk
Rol MOI N s
This amendment is made and entered into this 131th day of June, 2013, by and between the City of Dublin, a
municipal corporation ("City"), and Jerry Haag ("Consultant"). Collectively, the City and the Consultant are referred to
as the "Parties."
WHEREAS, effective July 1, 2012, the Parties entered into a Consulting Services Agreement in which the
Consultant agreed to provide environmental services to City ("Agreement"); and
WHEREAS, in Exhibit B to the Agreement, City agreed to pay Consultant at a rate not to exceed $103,50
per hours and
WHEREAS, Staff is requesting an adjustment of rates commencing July 1' 2013; and
WHEREAS, the Parties seek to adjust the hourly rate to $125,00 per hour.
NOW, THEREFORE, in consideration of the covenants contained herein, the Parties hereto agree as
follows:
Section 1. Exhibit B of the Agreement is amended to read as follows:
City hereby agrees to pay Consultant a sum not to exceed $125.00 per hour for work commencdng on or
after July 1, 2010.
C017srrlt8nt shall not hill for any relrnbursable items.
Section 2. The existing Agreement remains in effect except as specifically modified herein,
IN WITNESS THEREOF, the Parties hereto have executed this amendment as of the day and year first
written above,
Joni Pattillo, City Manager
Attest:
Caroline Sato, City Clerk
CONSULTANT
Jerry as , Princip
This amendment is made and entered into this 18fil day of June, 2013, by and between the City of Dublin, a
municipal corporation ("City"), and KIriher and Associates, Inc, ( "Consultant "), Collectively, the City and the
Consultant are referred to as the "Parties,"
WHEREAS, effective October 18, 2011, the Parties entered into a Consulting Services Agreement in which
the Consultant agreed to provide landscape plan review services to City ( °Agreement "); and
WHEREAS, Exhibit E to said agreement was amended whereby the City agreed to pay Consultant at a rate
not to exceed $103.50 per hour beginning on July 1, 2012; and
WHEREAS, Staff is regluesting an adjustment of rates commencing July 1, 20'13; and
WHEREAS, the Parties seek to adjust the hourly rate to $125.00 per hour,
NOW's, THEREFORE, in consideration of the covenants contained herein, the Parties hereto agree as
follows:
Section 1. Exhibit E of the Agreement is amended to read as follows:
City hereby agrees to pay Consultant a sum not to exceed $125,00 per hour for work commencing on or
after July 1„ 2013.
Consultant shall not bill for any reimbursable items.
Section 2. The existing Agreement remains in effect excerpt as specifically modified herein,
IN WITNESS THEREOF, the Parties hereto have executed this amendment as of the day and year first
written above,
$
Joni Pattillo, City Manager
Attest;
CONSULTANT
Frank !Tuber, Principal
I @I M, 00 kill a Arlam ffim,
This amendment is made and entered into this 18th day of June,, 2013, by and between the City of Dublin, a
municipal corporation ("City"), and Paul' Niemuth & Associates ("Consultant"), Collectively, the City and the
Consultant are referred to as the "Parties,"
fix#]
WHEREAS, effective July 1, 2012, the Parties entered into a Consulting Services Agreement in which the
Consultant agreed to provide landscape architecture services to City ("Agreement"); and
WHEREAS, in Exhibit B to the Agreement, City agreed to pay Consultant at a rate not to exceed $103.50
per hour; and
WHEREAS, Staff is requesting an adjustment of rates commencing July 1, 2013 and
WHEREAS, the Parties seek to adjust the hourly rate to $125,00 per hour,
follows: NOW, THEREFORE, in consideration of the covenants contained herein, the Parties hereto agree as
Section 1. Exhibit B of the Agreement is amended to read as follows:
City hereby agrees to pay Consultant a suin not to exceed $125,00 per hour for work commencing on or
after July 1, 2013,
Consultant shall not bill for any reimbursable items,
Section 2, Thee existing Agreement remains in effect except as specifically modified herein,
IN WITNESS THEREOF, the Parties, hereto have executed this amendment as of the day and year first
written above,
Attest:
C LT T 01
Paul Ni;muth
CITY • DUBLIN AND PLACEMAKERS
ON-CALL CONTRACT FOR ENVIRONMENTAL SERVICES
This amendment is made and entered into this 18th day of June, 2013, by and between the City of Dublin, 9.
municiN al corporation ("City and Placemakers ("Consultant"), Collectively, the City and the Consultant are referred
to as the "Parties,"
',ITAEREAS, effective July 1, 2012, the Parties entered into a Consulting Services Agreement in which the
Consultant agreed to provide environmental services to City ('Agreement"); and
WHEREAS, in Exhibit B to the Agreement, City agreed to pay Consultant at a rate not to exceed $103.50
per hour; and
10111011
III II lII!1111111111111 11 1111111 1111111111 1111111 111111111 111111111 � �I 11111111 1 �� I I I I
III TO III
City hereby agrees to pay Consultant a sum not to exceed $125,00 per hour for work commencing on or
after July 1, 2013,
III TVITNESS THEREOF, the Parties hereto have executed this amendment as of the day and year firo
written above.
5III%ri WI-17"171797
Attest:
AMENDMENT NUMBER ONE TO CONSULTING SERVICES AGREEMENT BETWEEN
CITY OF DUBLIN AND ROSEN GOLDBERG DER & LEWITZ, INC.
ON -CALL CONTRACT FOR ACOUSTICAL & AUDIOVISUAL SERVICES
This amendment is made and entered into this 18th day of June, 2013, by and between the City of Dublin, a
municipal corporation ( "City "), and Rosen Goldberg Der & Lewitz, Inc. ( "Consultant "). Collectively, the City and the
Consultant are referred to as the "Parties."
RECITALS
WHEREAS, effective July 1, 2012, the Parties entered into a Consulting Services Agreement in which the
Consultant agreed to provide acoustical and audiovisual services to City ( "Agreement "); and
WHEREAS, in Exhibit B to the Agreement, City agreed to pay Consultant at a rate not to exceed $103.50
per hour; and
WHEREAS, Staff is requesting an adjustment of rates commencing July 1, 2013; and
WHEREAS, the Parties seek to adjust the hourly rate to $125.00 per hour.
follows NOW, THEREFORE, in consideration of the covenants contained herein, the Parties hereto agree as
:
Section 1. Exhibit B of the Agreement is amended to read as follows:
City hereby agrees to pay Consultant a sum not to exceed $125.00 per hour for work commencing on or
after July 1, 2013.
Consultant shall not bill for any reimbursable items.
Section 2. The existing Agreement remains in effect except as specifically modified herein.
IN WITNESS THEREOF, the Parties hereto have executed this amendment as of the day and year first
written above.
CITY OF DUBLIN
Joni Pattillo, City Manager
Attest:
Caroline Soto, City Clerk
CONSULTANT'
Harold Goldberg, Principal
AMENDMENT NUMBER ONE TO CONSULTING SERVICES AGREEMENT BETWEEN
CITY OF DUBLIN AND STEVENSON PORTO & PIERCE, INC.
ON-CALL CONTRACT FOR PLANNING SERVICES
This amendment is made and entered into this IP day of June, 2013, by and between the City of Dublin, a
municipal corporation ( "City "), and Stevenson Porto & Pierce, Inc. ( "Consultant "). Collectively, the City and the
Consultant are referred to as the "Parties."
RECITALS
WHEREAS, effective July 1, 2012, the Parties entered into a Consulting Services Agreement in which the
Consultant agreed to provide planning services to City ( "Agreement "); and
WHEREAS, in Exhibit B to the Agreement, City agreed to pay Consultant at a rate not to exceed $103.50
per hour; and
WHEREAS, Staff is requesting an adjustment of rates commencing July 1, 2013; and
WHEREAS, the Parties seek to adjust the hourly rate to $125.00 per hour.
NOW, THEREFORE, in consideration of the covenants contained herein, the Parties hereto agree as
follows;
Section 1. Exhibit B of the Agreement is amended to read as follows:
City hereby agrees to pay Consultant a sum not to exceed $125.00 per hour for Planning Services work
commencing on or after July 1, 2013.
City hereby agrees to pay Consultant a sum not to exceed $135 per hour for Public Works Services work
commencing on or after July 1, 2013.
Consultant shall not bill for any reimbursable items.
Section 2. The existing Agreement remains in effect except as specifically modified herein.
IN WITNESS THEREOF, the Parties hereto have executed this amendment as of the day and year first
written above.
CITY OF DUBLIN
Joni Pattillo, City Manager
Attest:
Caroline Soto, City Clerk
CONSULTANT
4--_
Michael Porto, Principal
IM -4-4-ftel V;1 q 6 M 010:1;4 ITR I
This amendment is made and entered into this 18th day of June, 2013, by and between the City of Dublin, a
municipal corporation ("City"), and Urban Planning Partners ("Consultant"). Collectively, the City and the Consultant
are referred to as the "Parties."
I N *] 111 f-11
WHEREAS, effective October 18, 2011, the Parties entered into a Consulting Services Agreement in which
the Consultant agreed to provide planning services to City ("Agreement"); and
WHEREAS, Exhibit B to said agreement was amended whereby the City agreed to pay Consultant at a rate
not to exceed $103.50 per hour beginning on July 1, 2012; and
WHEREAS, Staff is requesting an adjustment of rates commencing July 1, 2013; and
WHEREAS, the Parties seek to adjust the hourly rate to $125.00 per hour.
NOW, THEREFORE, in consideration of the covenants contained herein, the Parties hereto agree as
City hereby agrees to pay Consultant a sum not to exceed $125.00 per hour for work commencing on or
after July 1, 2013.
Section 2. The existing Agreement remains in effect except as specifically modified herein.
IN WITNESS THEREOF, the Parties hereto have executed this amendment as of the day and year first
written above.
I• , I M-lMLS2z=*
Attest:
Caroline Soto, City Clerk
CONSULTANT., M "„
L Zfte Dias, Principal
TO G*111SILTING SERVICES AGREEMENT BETWEEN
CITY OF DUBLIN AND WRA,
ON-CALL CONTRACT FOR BIOLOGICAL & ENVIRONMENTAL, SERVICES
This amendment is made and entered into this 181h day of June, 2013, by and between the City of Dublin,, a
municipal corporation ("City"), and WRA, inc, ("Consultant"). Collectively, the City and the Consultant are referred to
as the "Parties,"
WHEREAS, effective July 1, 2012, the Parties entered into a Consulting Services Agreement in which the
Consultant agreed to provide biological and environmental services to City (' "Agreement' "); and
WHEREAS, in Exhibit B to the Agreement, City agreed to pay Consultant at a rate not to exceed $103.50
per hour; and
WHEREAS, Staff is requesting an adjustment of rates commencing July 1, 2013x and
WHEREAS, the Parties seek to adjust the hourly rate to $125.00 per hour,
NOW, THEREFORE, in consideration of the covenants contained herein, the Parties hereto agree as
follows:
Section 1, Exhibit B of the Agreement is amended to read as follows:
City hereby agrees to pay Consultant a sual, not to exceed $125, 00 per hour for work commencing on or
afterJuly 1, 2013.
Consultant shall not bill for any reimbursable items.
Section Z, The existing Agreement remains in effect except as specifically modified herein,
IN WITNESS THEREOF, the Parties hereto have executed this amendment as of the day and year first
written above,
fflffl1 M
Attest:
Caroline Soto, City Clerk
CONSULTANT
Thomas E. Fraser, President
F1111 W1111UN
00 wSucr|w6
A Company
May 28, 2013
Mr. Jeff Baker
City ofDublin
1N] Civic Plaza
Dublin,CA 94568
Re. Qualifications for Environmental Services
Dear Jeff:
3180 hijin Road, Suite 11n
wudmu'Cm999@a'Q1z
831.883,8187
831.883,9907 Fax
/ Www.rbfxiom
� wwvvm6^knvmvpxmm
RBF Consulting (RBf) is pleased to submit our qualification to provide environmental services for the City of
DiubUm. With our extensive resources and staff expertise, RBF is well positioned to support your needs for
environmental review services, particularly given our extensive past land use, pVilcy, and environmental
planning experience with the City ofDub|in. The value we bring to the City of Dublin includes:
Proven Experience with the City of Dublin - 0B,F has previously, and is currently providing
environmental and planning services to the City of Dublin on a number of projects including:
• Downtown Dublin Specific Plan and BR
• Dublin Crossing Specific Plan and 0R
• Dublin Village Design Guidelines
• Scadett Court Design Guidelines
• Heritage Park E|R
o Community Design and Sustainability Element of the City of Dublin General Plan
Capable Project Management and Staffing —Mr. Wiseman is Vlog President with over 25 years mf
experience in land use and environmental planning and would serve as the primary Project Manager
for env|rnmnneoto] services. Ms. Erika Spencer is a Senior Planner/Associate with 17 years of
experience im land use and environmental planning and would serve as Deputy Project Manager. Mr.
Wiseman and Ms. Spencer have worked together on a mumuber of City of Dublin projects over the
past years and would provide project management and oversight for our environmental services,
We appreciate your time in reviewing our enclosed qwaU0catimms. Please contact me at (831) 883-8187 or
email if you have any questions or require further clarification.
Bill Wiseman
Vice-President
City rI OmbKim Om'CaUU Services
Firm Qualifications
MRmwmdedin1944 R8F[omsV|ting (RBF), a company of the Michael Baker Corporation,
w � ' is a full service consulting firm providing the resources of experienced environmental
GE) INsucr,wo
specialists working within a collaborative environment that include engineers,
A =1=c"m,"Ily
planners, landscape architects, and other design professionals. Our in-house disciplines
encompass Environmental Services, Policy Planning, Land Planning and Urban Design, Engineering,
Transportation Planning, Surveying and Mapping, and Media Services. RBF|s a part oƒ the Michael' Baker
Corporation, engineering, design, planning and construction firm with more, than 3,250 employees in
110 offices nationwide.
R8F will provide the City mf Dublin (City) with om exceptional team toass,ist with on-call environmental
services. Our team has the knowledge, experience and resources tn successfully provide planning
services tm the City.
RBF possesses the full range of disciplines necessary to provide turn-key planning, design and
implementation ofa wide range mf projects, Thestaff atR8F has experience in land use and
environmental! planining, in addition to a compliment of technical experts in the disciplines of
transportation, engineering, G|S` landscape architecture and regulatory permitting. A partial listing nfour
areas of expertise, follows:
Environmental Services
Asa leader |m the environmental field, RBF offers am extensive array of
services associated with environmental compliance and documentation. RBF
provides evaluation for the full range, of environmental effects for all types of
projects. Our award-winning team offers documentation in oomnpUance vvith
environmental laws and regulations including CEQA, NEPA, the Clean Water
Act, the Clean Air Act and other applicable environmental |mvvs.
City of DwbYim Om CmU8 Emvirommmmmtml SeruVc(,�m
�
Environmental assessments (hazardous
materials investigations)
� Eov/ronmnemta|documents/notices
required by the California
Environmental Quality Act /CEQAkand
National Environmental Policy Act
(NEPA)
• Geographic Information Systems (G|S)
• Agency permit processing and
entitlement services
• Aesthetics/visual analysis (including 3D
rnndeUmg and renderings),
"
Air quality (nnmniToring,modeling,
permitting, conformity analyses)
� Drahnage/f|modcomtroU
°
Energy efficiency/cogeneration (SMART
bu|Udings)
�
Feasibility/ due diligence studies
~
Landscape architecture
Environmental Documents
a Land use omnmpat�ibih1v
°
Mitigation monitoring progran)n (Public
Resources Code Section 2108I.16�)
°
Noise (mmn|1odng, modeling, mitigation
design)
°
National Pollution Discharge Elimination
System (WPDES}processing
=
Policy Planning (General Plans, Specific
Plans, zoning ordinances)
IN Public participation programs (including
multi media)
• Traffic impact studies (including
parking, access, TDK4,CMIP)
• Utility and infra:strwctune studies
• Water/wastewater feasibility studies
IN Watershed pUammimo/m/aterqua|ity
°
Wetland resources (assessmemt,
delineation, mitigation, processing
RBF has prepared wide range ofCEQA documents for thousands of projects throughout California,
These clocumento[ndude:
° Environmental Impact Report (E|R)
"
Environmental Impact Statement (EIS)
"
Initial Site Assessment (I54)
°
Preliminary Environmental Assessment Report (PEAR)
" PreNmina�ry Environmental Study /PES\
" OOHotspot Analysis & Air Quality Report
°
Visual Impact Assessment (yA)
" Traffic Noise Impact Report (per TNAP)
°
Environmental Assessments /EA\
~
Initial Study (|S) / Mitigated Negative Declaration (K0ND)
~
Finding mfNo Significant Impact (FONS|)
Categorical Exemption/ Exclusion (CE)
Environmental documents prepared at RBF address the full range of environmental and techinical issues,
with in-house specialists providing technical evaluation for traffic and transportation, flood control and
drainage, air quaility, noise, land use, utilities and services, energy conservation, visual and aesthetic
effects, Phase I hazardous materials, and many other environmental issue areas. K8F draws upon the
prmhess[mm's leading swbcmnmu|tamts for specialized biological, archeological, Aeotechnica|and
fiscal/economic studies tVbuild amu|ti-disdpi|imary team of environmental analysts. State-of-the-art
""= ~
City of [)ubhm On ServUcao
computer facilities including Computer Aided Drafting and Design /C4IDDl,AKC#NFO, and specially
created computer programs are utilized in obtaining the highest level of technical completeness and
efficiency.
P'|aMA^ng and [\esign Services
RBF/UD5 provides a wide range ofplanning,
design and implementation services for
projects. |n order tn create viable responses tm
phynicay,sociaU, economic and environmental
challenges, RQPs,planning ainddes|gn
pn7fess,imna|s focus on integrating creative
planning Solutions with sownd irnp|enmentat|mn
principles. Balanced land uses, enhancement
of amenities, reinforcement ofcommunity
vaUuesamd integration of environmental
solutions are integral components mfour
planning process,
Key elements of the planning and design
services offered include Policy Planning,
Comprehensive Ptamming,,Community
Involvement, GIS, Web Services and Digital
Imaging, Urban Design, Environmental
Documentation, Land Planning and Entitlement Services,
P ' Tearn
The RBF Project Team brings exceptional knowledge on each of the various disciplines that would be
involved im the project including traffic data collection, analysis, management, land-use planning, and
public participation, Project Manager, Mr. Bill Wiseman, vvNU be the primary point of contact with the City
of City, and will serve in the lead capacity for coordination purposes, providing overall management of the
team. Mr. Wiseman will: ensure the commitment and availability ofproject staff, and the commitment of
other corporate resources as needed to meet the schedule, scope, and budget esta,b|ished for each
project. Mr. Wiseman has over 25 years of experience serving as project manager for the preparation of
oummerous environmental and planning studies for public and private sector clients, in accordance with the
California Environmental Quality Act (CEQ4), tile Washington State Environmental Protection Act (SEPA),
and the NationaK Environmental Policy Act /NEP4i
City of Dulflin On Cali Envw roinmewlal
Resurnes
Bill 'is ernan — Project Manager
Mr. Wiseman is a Vice-President with over 25 years of national and
inter-national experience with expertise in land use and
environmental planning, resource and recreation management, and
information technology. He is a skillful manager, excelling in
coordination of complex projects with large multidisciplinary
consulting teams. He is an effective problem solver, able to
understand and clearly communicate complex technical and
environmental development issues and to create economically
feasible solutions,
Mr. Wiseman has managed the preparation of general plans, specific
plans, downtown development plans, and open space and
recreation studies. He has also served as project manager for the
preparation of numerous environmental and planning studies for
public and private sector clients, in accordance with the California
Environmental Quality Act (CEQA), the Washington State
Environmental Protection Act (SEPA), and the National'
Environmental Policy Act (NEPA).
RELEVAN-r EXPEMENCE:
0 Dublin Crossing Specific Plan and EIR (Dublin, CA)
al Downtown Dublin Specific Plan and EIR (Dublin, CA)
A Community Design and Sustainability Element of the City of
Dublin General Plan (Dublin, CA)
a Scarlett Court Design Guidelines (Dublin, CA)
a Dublin Village Design Guidelines (Dublin, CA)
N Monterey Downs Horsepark & EIR (Monterey County,, CA)
a Beach Boulevard Improvement Project EIR (Pacifica, CA)
a East Garrison Specific Plan, Tentative Map and EIR Project
(Marina, CA)
IS/MND for the R-3-M Zoning District (Pacific Grove, CA)
Watsonville Vista General Plan and EIR (Watsonville, CA)
Atkinson Lane Specific Plan/Master Plan EIR (Watsonville, CA
Manabe-Ow Specific Plan EIR (Watsonville, CA)
Delaware Mixed Use EIR (Santa Cruz, CA)
La Bahia Hotel EIR and Recirculated EIR (Santa Cruz, CA)
Coast Santa Cruz Hotel EIR (Santa Cruz, CA)
Branciforte Creek Residential Development EIR (Santa Cruz, CA)
H Rancho San Benito EA (Hollister, CA)
Yew's of Experience: 25
Education:
KS., 1991, Urban and Regionat
Planning, #Jniveisity of
Wasidngton, Seattle
13A, J.984, Ecc nornics,
UniveisitY
of California at Santa Badmia
Professional Affiliations:
Mernber, Arnerican Planning
Aswciaflon lAPA)
Membei, Association of
Environmental Planners (AEP)
Awards and 1lonors:
Australian Institute of Landscape
Architects Research and
Cornmunication Awar(ri (national
levO), Mahn Roads Landscape
Marwal, 1998
RoyM Austoahan Planning
ICISUWte, Queensland Chapter,
Encomagement Award, SEO,
2001, Website, 1997
Royal Australian Pl4an6ng
lt)St�Wte, Oueerisland Chapter,
Environniental Planning Merc it
Avywd, Mahn Roads LaniJsc,,ripe
ManUal, 1.997
Lhiiversfty of Wash4igton,
Del,'mrtment. of Urban DesnFn and
Nanning, Wtstand6ig Student
Award, 1990
( 1 ty o,',)f Dki l) i 'i n Ott - Can H I
Erika Spencer - Senior Environmental Planner
Erika Spencer has over 16 years of experience managing the preparation of
environmental documents in compliance with the National Environmental
Policy Act (NEPA) and the California Environmental Quality Act (CEQA) for
residential, commercial, industrial, transportation, solid waste, water
resources, and public facility projects. In addition, Erika has experience in
regulatory compliance analyses pertaining to air quality and noise;
restoration and open space planning; graphic design; and public outreach,
Years of Experience: ifp
EdlXatioW
KS,, 1996, Soil SlIen(' e
Com, �envation, Enviionrilental
M a nap"orne. lit, (' ahknnia
Polytechnic. State Oniversity,
San
Luis Obispo, CA
en
( 0sLluv UY CM)
* Monterey County Housing Authority and City of Salinas- Tynan Village, Environmental
Assessment /Initial Study (Salinas, CA)
* Fort Ord Reuse Authority, General Arn Moore, Boulevard and Eucalyptus Road Improvement
Project Environmental Assessment/Initial Study (Marina, CA)
* City of Marina, Reservation Road and Beach Road Roadway Improvement Project IS/MND
(Marina, CA)
CeTtificate, 1996, Fechnica
RE- �
M , ExPERIENCE: (
(ol�Jl`nLJl1flCati0rJ'
Polytechnic Stitre University,
• D
Dublin Crossing Specific Plan and EIR (Dublin, CA) S
San
• D
Downtown Dublin Specific Plan and EIR (Dublin, CA) L
Lois Obispo, CA
• M
Monterey County RDA - Project Management and Staff Support C
Ceitificate, 2002, Welt
Services (Monterey County, CA) P
Pf'OdUCtion, Criblil'lo College,
• M
Monterey County RDA - Whispering Oaks Business Park Entitlement A
Aptos, California
Support (Monterey County, CA) P
Professional Affiliations:
• C
City of Seaside, Monterey Downs and Horse Park and Central Coast P
Pianning Coil mmissione. r, city of
Veterans Cemetery EIR (Seaside, CA ) S
Sanhian Bautista (2005 - 2010)
Monterey County Planning - Ferrini Ranch Subdivision EIR M
(Monterey County, CA) R
Membel'of tile Histolic
Monterey County Planning Department, Harper Canyon (Encino J
Resources Boar(], City of Sall
Hills) Subdivision EIR (Monterey County, CA) V
ViCe, Chair of Public RdatiWIS,
Monterey County Planning — Rancho San Juan Specific Plan EIR F
(Monterey County, CA) P
Fornwn President and Vice
0 M
Monterey County Planning, - Rancho Roberto EIR (Monterey County, M
Presldent of Programs,
CA) B
Bay Ai ea Chapter of the
N M
Monterey County Planning— Rancho Los Robles EIR (Monterey A
Asscrxia,Lion of Enure mental
County, CA) P
Professionals (AIT)
Monterey County Planning —Paraiso Springs EIR (Monterey County, 1
CA) 2
1,c)( al Most Committee lor the
2005 Nationai Arneiican
Monterey County RDA - Castroville Community Plan Environmental P
Planning
Impact Report and Local l Coastal Plan Amendment (Monterey A
Association Confereiue, San
County, CA) i
i-randsco
Monterey County RDA - Phase I of the Artichoke Avenue Roadway A
Awards Jury, State Association
Improvement Project IS/MND (Castroville, CA) o
of Elivilonnielitziii Pn-cfessiorlr3ts
Monterey County RDA - Castroville Community Center (
(AEP) Awaids Program (20()4 -
Enwirnny-nantni Accnccm t,/rnmci r I Al 2
2005)
( 0sLluv UY CM)
* Monterey County Housing Authority and City of Salinas- Tynan Village, Environmental
Assessment /Initial Study (Salinas, CA)
* Fort Ord Reuse Authority, General Arn Moore, Boulevard and Eucalyptus Road Improvement
Project Environmental Assessment/Initial Study (Marina, CA)
* City of Marina, Reservation Road and Beach Road Roadway Improvement Project IS/MND
(Marina, CA)
C'ity of Etul-din On-CMI Environirtiemtifl Services
Jonathan Schuppert, AICIP, -- Urban Designer/Planner/Graphics
Mr. Schuppert has professional experience as a Community planner, Years of Experience: 8
urban designer, and environmental planner. His work has included
preparing downtown revitalization plans, form-based codes, specific Educaflow
plans, and design guidelines /standard's; facilitating community E.s.P 2006, City and Regional
workshops and design charrettes; and designing transit-oriented and Planning, Califc)niia Polytechnic
mixed-use developments. He has assisted with the preparation of a State Un�versry, San Luis
community plan and general plan update. He is also skilled in graphics Obispo
and analysis software such as Photoshop, Illustrator, InDesign, SketchUp, Ceilificate, In t rogress,
and ArcG IS, (eitrfiecl I)owntcwi PiocessioriaV,
California Downtown Association
RELEVANi, Exi)LniENCE: and California State univt.,',°rsity,
Sari Bernardino
Community Design and SUstainability Element of the City of
Professional Affiliaflons:
Dulblin General Plan(Dublin, CA)
Member, Ameilcan institute of
Downtown Dublin Specific Plan and EIR (Dublin, CA)
( , I , ertified Planner's
Transportation Corridor Land Use Study (Dublin, CA)
MernbeII, Aineiican Planning,
Dublin Crossing Specific Plan and EIR (Dublin, CA)
AswciaVon
Monterey Downs Hiorsepark and EIR (Monterey County, CA)
Beach Boulevard Redevelopment EIR (Pacifica, CA)
Membei, Natioi4 Main Street
Whispering Oaks Business Park Entitlement Support (Monterey
Netrwor . k
County, CA)
Merribef, NatIonal -1-rust for
AMCAL Student Housing Specific Plan/ Initial Study (Monterey
Histo is Preservation
County, CA)
Oak Meadow Plaza IS/MND (Morgan Hill, CA)
Menibei, Association of
Morgan Hill! Downtown Specific Plan (Morgan Hill, CA)
Pedestrian anci tricycle
Professionals
Fullerton Transportation Center Specific Plan (Fullerton, CA)
Rail Trail Corridor Vision Plan and Regulating Code (Los Banos,
CA)
* Perris Downtown Specific Plan (Perris, CA)
* Stanton Transit Oriented Development Specific Plan (Stanton, CA)
* Hollister Downtown Plan (Hollister, CA)
* Strong Neighborhoods Initiative Multi - Family Housing Demonstration
Project (San Jose, CA)
Bay Tree Condominium Conversion (Los Gatos, CA)
South San Juan Specific Plan and EIR (San Juan Bautista, CA)
City [)ublin on"("alf Envill'onivientai Sm rvices
Christa Redd,— CEQA/NEPA
Christa Redd has over 13 years of experience providing
environmental documentation for transportation projects involving
Caltrans and the Federal Highway Administration (FHWA), as well as
for private residential and commercial developments. Her work has
included both CEQA and NEPA analysis for highways, interchanges,
bridges, local arterials, and bicycle and pedestrian facilities, as well
as environmental documents in support of annexation, General Plan
amendment and zoning change projects. She has been responsible
for the preparation of Environmental! Impact Reports (EIR),
Preliminary Environmental Assessment Reports (PEAR), Initial Site
Assessments (ISA), Initial Studies/Environmental Assessments
(IS/EA), Initial Studies /Mitigated Negative Declarations (11S/IVIND),
Mitigated Negative Declaration/Finding of No Significant Impact
(MND/FONSI), Visual Resource Analyses, Community Impact
Assessments, Relocation Impact Studies, and permitting,
RELEVANT EXPERIENCE:
Years of Experience: 13
Education:
KS,, 2005, Environmental
and NatWal Resource
Sciences, university of Nevada
Reno,
Certificate, 2003, Land Use
and Environmental Planning,
University of California,
Davis Extension
B.S., 1998, Environmental
Science, Minor in
Geosdences, Oregon Rate
University
Professional Afflliaflons�.
N Solar Highways Pilot Project MND/CE (Santa Clara County, Member, Association of
CA) Environmental Professionals
0 Catalina Renewable Energy Project EIR (Kern County, CA)
N Pahnam;id Wind Energy Project EIR (Kern, County, CA) Member, An-ierican
0 Lower West Wind Project EIR (Kern County, CA) Association of University
Women
0 Environmental Services for New Superior Courthouses
(Northern CA) Member, Women in
N Stonefield Subdivision EIR (Bakersfield, CA) Transportation Services
a Salt Creek Heights Subdivision EIR (Redding, CA)
5
Osborne Hill Subdivision EIR (Nevada County, CA)
N Stockdale Ranch EIR (Bakersfield, CA)
N Beech Avenue Industrial Park Initial Study and EIR (Kern
County, CA)
W Crossroads Plaza Commercial Center Initial Study and EIR
(Bakersfield, CA)
h Saco Ranch Commercial Center Initial Study and EIR
(Bakersfield, CA)
a Interstate 80/Rocklin Road Interchange EA (Rocklin,, CA)
a State Route 57 /Lambert Road Interchange IS/MND (Brea, CA)
0 Interstate 15/State Route 79 Interchange Improvement Project IS/MND
Rw
Downtown Dublin Specific Plan and EIR
Downtown Dublin is a commercial, office, and light industrial
district located adjacent to the 1- :5801 1-680jUnction. Dublin
Boulevard is the main route through downtown, and many of the
businesses front or have entrances along this corridor. Suburban-
style development with large parking lots and "big box" buildings
is the predominant Style in the ClOW111OWD. When the West Dublin
Bay Area Rapid Transit (BART) station was under construction,
the City began reevaluating, existing uses in tile downtown, much
of which is within walking distance to the station,
The City hired RBF's Urban Design Studio to prepare a specific
plan for tile downtown. The goal of the plan was to create a mixed.
use district with high - density residential uses that took advantage
of the close Proximity to the regional transit station. RBF prepared
an online TownScan Visual Preference Survey to assess tile
C0111111111lity'S Vision for downtown development. RBF conducted a
three-day stakeholder innoersion, which consisted of stakeholder
interviews, a walking tour, and a workshop, to assess the values,
concerns, and visions for downtown. The end product Nvas a user-
friendly and highly graphic specific plan with developiricrit
standards and design guidelines for the downtown and BART
station area.
RBF prepared all Environmental Impact Report (FIR) for the
Specific Plan. Major topics of concern for the plan area Nvere
traffic due to the proximity to a major free, junction, new BART
station, and its urban environment along Dublin Boulevard. The plan
provides for more Urban densities to create transit-oriented
developments and also aims to promote more walkable districts in the
downtown area,
02267 - 11123/2011
m
Highlights:
0
public, Pa rticipabon
m (")ilirw TownScan ""
ViSWII PrCf(X'0ICe Survey
m Walking I our
a Design GLIO(dill(!ei
" EnvironmentM Impact
Report
I
City of Dublin
1.00 Ovic Plaza
DUIA11, CA 94568
Mr, Jeff Baker, 925/833-661.0
............
Dublin Crossing Specific Plan and EIR
RBF is currently preparing the Specific Plan and EIR for the
proposed Dublin Crossing mixed-use development, The 199-acre
Specific Plan area is located on a portion (if (lie 2,485-acre Camp
Parks Reserve Forces Training Area.
The proposed mixed-use development includes Up, to 1,995
residential units, 200,000 square feet of commercial uses, a 30-acre
community park, five acres of neighborhood parks, and a 12-acre
elementary school site.
The protect is located in the center of the City, adjacent to the Iroll
Horse Regional trail and just north of the Dub] in-Pleasanton BART
Station,
The C0111111111lity park. will serve as the central community meeting
place for residents of Dublin and the greater region. 1t will host a
variety of passive and active recreation Uses including sports courts
and fields, all amphitheater, a children's jousemn and a riparian
creek corridor.
Tree-lined streets will include multi -use it-ails, wide sidewalks, and
bike lanes to prornote a health community and support multi-Illodel
transportation needs,
Al
Dublin, CA
Hilghlights.
W Kxed-use, I-ransit-oriented
Development
fff Multi,inodal Franspott;,,itioo
Network,
a Developirient Standaids
and D('!sogn Gui(Mines
IN Environmental Impact
Report
Refry reirce.
City of Dublin
100 Civic Plaz�.i
Dublin, CA 94568
Ms, Kristi l3ascom
F'IrincOal Manner
925/83,3.6610
05129/2013
WF
Dublin Village Design Guidelines
Dublin Village has a unique heritage as a historic Bay Area
crossroads, Unfortunately, much of the area's unique history and
heritage has been compromised by the loss of historic rCSOUrCeS
an(] the construction of contemporary commercial, office, and
residential development. The City of Dublin hired RBFs Urban
Design Studio (RBF) to prepare Design Guidelines for Dublin
Village in Dublin, California. The goals of the project were to
preserve the remaining historic resources in the area and to
encourage future development to recapture elements of the historic
character and image that once defined the area. By working with
City Staff and (lie City's Heritage and Cultural Arts Commission,
RBF/UDS prepared a highly illustrated and user-friendly document
that addressed as variety of design topic, including commercial,
mixed-Use and residential architectural design; site planning; sign
placement and design; landscaping and lighting; historic
preservation and rehabilitation; streetscape design; and public
space design.
F)Ubhn, CA
Highlights:
III PUbliC Participation
IN (.brnmercial and Mixed-Use
Design Gulklehnes
Im Residential Design
GuWeOnes
0 Sign Guklehrws
rA Guidelines for Pres'erving
and RehaUlitating I listoric
ReSOM-US
Streetscape and flublk�
Space Guidelines
Reference:
City of Dublin
1.00 Civic Plaza
Dublin, CA 94568
Ms. Krish Bascom,
925/556A555
WI ZhEl l:PIACerIIvIl wid desqo
0 sid
qns should be 1aver.ded
01687— 11/24/2004
Provide wilh Ihm placement and
despq� of 'Mqm
77
Scarlett Court Design Guidelines
The Scarlett Court area is an industrial district predominately
developed with aUtornotive-related uses. The site is accessed from
Dublin Boulevard, one of the City's main cast-west corridors, and
is highly visible from 1-580 and nearby overpasses, The lack of
guidelines to shape this area has created a disconnected and
visually unappealing district, The City of Dublin hired RBFs
Urban Design Studio (RBF) to prepare design, landscape, and
signage guidelines that will accompany a specific plan for the area.
The goal of this project was to create a visually coherent and
consistent urban environment, RBF will work closely will] City
staff and property owners to determine appropriate guidelines that
meet the needs of the businesses and the visions of the City. RBF
conducted walking tours, a TownScan'rm Visual Preference: Survey,
and a visioning workshop with business owners, community
members, and City staff. Based on the iIIPUt received, RBF
prepared user - friendly and graphically oriented guidelines to guide
design of sites, buildings, landscapes, and signage Nvitbin the
Scarlett Court area.
Dubhn, CA
Highlights:
0 Public Pad.icopaflon
in Townsca 11 """ Visuai,
Neference Survey
* Walking Tours
* Design Guidelines
*
Landscape Guidelines
* Sign Guidelfnes
Reference:
Oty of Dublin
1.00 Civic Plam
DuNin, (A 94568
Mr, Jeff Baker, 925/833-6610
02050 -1 2/ 1 712009
Community Design and Sustain!ability Element of
the City of Dublin General Plaiii
CA
If ghlights;
RBF prepared the Community Design and Sustainability Element 0 Frafnewotk for C(minrunity
for the City of Dublin Gencral Flair. This Element guides public Dewndopment
and private development in tile City of Dublin to create a city that 00 Guidelifu-2s for
is diverse, functional, and aesthetically appealing. The Element
Trnprovernents and New
contains goals and policies that provide, a framework for cord.1 ucfiorl
community developimm and guidelines for new construction and
t� 0 1-hree-Dimensional
improvements while protecting the City's positive characteristics. Renderings
These goals and policies apply to three-dimensional aspects of tile Refererice:
built environment in Dublin: buildings, streets, sidewalks,
neighborhoods, plazas, etc. Community design combines aspects City of Dublin
of architecture, landscape architecture, public works, public art, and 100 Cjvic Plaza
transportation systerris. Implementation of these community design Dohlin, CA 94568
policies will create an inviting and attractive city that will help to Mr. Jeff Baker, 925/833-6610
unify [lie City visually and create a distinct sense of place in special
areas of the City.
This p•qjcct involved extensive coordination with stakeholders and
the public. Tile end result is a graphically-rich document (hart is
both easy to administer and prescriptive in nature, while allowing
for flexibility in specific design,
03361 - 08/19/2011
a
NM
(Q-), f
June 3, 2013
Mr. Jeff Baker
Assistant Community Development Director
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Subject: On -Call Environmental Review Services
Dear Jeff,
Thank you for the opportunity to present our qualifications for environmental review services. For more than 25
years, Circlepoint has provided environmental analysis and strategic communications services to diverse clients
throughout the Bay Area and around the country. We have a proven track record of preparing legally defensible
CEQA and NEPA documents on a wide range of land use, transportation, infrastructure, and policy planning
projects. Our approach is simple —we use the best science and technical information available, prepare clearly
written and comprehensive documents, and incorporate an inclusive and well- documented public involvement
process. Our team's track record of legal defensibility and quality documents is second to none. Circlepoint brings
extensive recent, relevant experience preparing complex environmental documents. The key to success on such
projects is experienced, strong project management. Our project managers will be John Cook and Audrey
Zagazeta.
Recently, John successfully completed the MND for the Dougherty Road Improvement Project. He worked closely
with City of Dublin Public Works staff and anticipates continuing to assist the City as the project moves forward into
permitting and construction phases. Among his other recent major projects is the EIR for the controversial Sufism
Reoriented project in Contra Costa County. This proposed religious facility was the subject of extensive public
controversy and potential litigation. John deftly managed the EIR preparation and provided the County with a
comprehensive and well- written document that was completed efficiently and cost effectively while addressing
hundreds of comments from the community. John's other current clients include the cities of Sunnyvale, East Palo
Alto, and Antioch; the Contra Costa Transportation Authority, and the Federal Railroad Administration.
Audrey has extensive breadth in a diverse range of land use and major transportation projects throughout the Bay
Area. Audrey has been the project manager for the Tassajara "New Farm" project in the unincorporated San
Ramon /Danville area and is also managing the EIR for the proposed Gateway Village mixed -use project in the City of
Santa Clara. This package includes resumes for both Audrey and John, showcasing many of their other projects.
Circlepoint excels in bringing together teams of experienced professionals tailored to the specific environmental
issues associated with a particular project. As the needs of particular projects arise, we will assemble an expert
team of technical experts in close consultation with City planning and public works staff.
The enclosed materials further detail our experience and qualifications. Should you have any questions or need
further information, I can be reached at 510.285.6748 or s.:stein ert „� Lircle „pr2 „%rat „cram.
Sincerely,
r
Scott Steinwert
President
Circlepoint 1 1814 Franklin Street, Suite 1000, Oakland, CA 94612
Phone 510.285.6700 1 Fax 510.285.6799 1 www.circlepoint.com
(e-),
Key Staff Resumes
I
Senior I:::,iroject Manager
x Ipeir0.ii se John Cook has 16 years of experience in the fields of environmental assessment,
CEQA and NEPA land use planning, and public facilitation for land development, transportation, and
documentation other infrastructure projects. John combines strong management and analytical skills
Project with a daily focus on providing excellent client service.
management
Selllected Ilf:Iroje t Ilf;;;;; 1periiien e
Land use and urban
Project I10airiageir, Ilf)ouglheirty (Road Ilirnlproveirneirit Project
planning
The City of Dublin has long planned to improve a two -mile section of Dougherty
Public involvement
Road to add a full median, expand bicycle facilities, and otherwise match other
strategy and
portions of the roadway. John led the Circlepoint team in preparing a mitigated
implementation
negative declaration that fully analyzed all project effects. The project area
Newsletter Editor
included potential habitat for several protected species (red - legged frog,
l:..:..ducatiiouri
burrowing owl, and tiger salamander) and also involved the possible relocation of
Master of City
a historic structure on Camp Parks. Following the City's adoption of the MND,
Planning, University
John is now assisting the engineering prime and the City in permitting and
of California,
mitigation phases.
Berkeley, 1997
Project IMairiageir, West (Broadway Aveirme Specific 1f311airi Ilf;;;',Illlf�, City of Seaside
B.A., summa cum
Project IMairiageir /Il:3iroject I111iirectoir, Sufii irn I111eoiriieirited Mitigated Negative
laude in American
lf)ecllairatiioiri, Sairairialp, Contra Costa Couirity
Studies, Colby
John completed an environmental review of a proposed new religious facility
College, 1992
along Boulevard Way in the unincorporated Saranap area between Lafayette and
Spangle
Walnut Creek. Critical issues investigated included the excavation and transport
111egii tiratiioiri /
of 43,000 cubic yards of soil, visual impacts, and streetscape modifications. The
Ceirtificatioiris
Final EIR was released in summer 2011 and was certified by the Planning
American Institute
Commission after four public hearings in November 2011. John provided ongoing,
of Certified
direct support to the County through the appeal process — ten separate appeals
Planners
called for the overturn of the approval. The County Board of Supervisors
Affilliatioiris
ultimately certified the EIR and approved the project in February 2012.
American Planning
Project I10airiageir, (Roddy I111airicllh Ilf;;;',uriviiirouriirneuritall Impact I111elpoirt, Contra Costa
Association CA —
Couinty
Awards Program
Roddy Ranch is comprised of more than 2,000 acres in Mt. Diablo's northeast oak -
Co- Director,
studded foothills. A substantial portion of the ranch remains in active grazing use as
Northern Section
well as a long- established public golf course. The applicant proposed more than 500
(2013- present);
estate homes, about 100 townhouses, a hotel, and affiliated recreational elements,
Newsletter Editor
plus nearly 700 acres set aside for the protection of sensitive habitats and wildlife
(1996 -98)
movement. Following a staffing transition in January 2012, John Cook was brought
Selected Work IHIGstoiry
in as a project director in the midst of preparation of a Recirculated Draft EIR, which
2005 -2006: Project
was needed to address numerous applicant - proposed project changes.
Manager, MIG,
Berkeley
Project IMairiageir, West (Broadway Aveirme Specific 1f311airi Ilf;;;',Illlf�, City of Seaside
2003 -2004:
John managed the preparation of a program EIR reviewing potential impacts of a
Cotton/Bridges-,
plan to create a pedestrian- oriented urban village within underutilized downtown
Orange
blocks. In November 2009, Circlepoint successfully completed work on this
Program EIR. The document considered the long -term effects of a program of
Spangle
transit - supportive land use changes and roadway improvements amidst major
Associates,
Associates, Menlo
constraints, including water supply and traffic congestion. This EIR included
Park
innovative analysis and presentation that built confidence in the community in the
1998 -2000: City of
soundness of both the EIR and the Specific Plan. Circlepoint's EIR was
Albany
unanimously adopted by the City Council on its first public hearing before that
body. In 2011 and 2012, John provided further assistance to the City in the
environmental review of a federally- funded partial implementation of the plan.
I
Senior I:::,iroject Manager
The City initially anticipated that a complex IS /EA would be required; but John
advised of a more efficient yet complete approach (CEQA Addendum) that greatly
streamlined the process.
Project I10airiageir, I111edwood City Qeirieirall 1f311airl and Ilf;;;',Illlf�
John served two roles on this project. As deputy project manager for public outreach
efforts, he helped shape overall outreach strategy and execution, including a
workshop attended by more than 250 people. He was also project manager of the
program EIR. Critical issues successfully addressed were the introduction of new
land use designations across the city, including high- density mixed uses along major
corridors and the future disposition of a 1,400 -acre site along the Bayfront,
historically used for salt production. The EIR was certified by the City; no legal
challenge followed certification.
Project IMauriageir, Ilf)e eirt 1pire I11 : : :',IIS, Ilf : :edeirall I111aiilliroad Aalirniiurfii tiratiiouri
John managed the environmental review process for the only privately proposed
high -speed rail system in the United States. The proposed rail system would link
Southern California (Victorville) with Las Vegas largely along the existing Interstate
15 corridor. John coordinated internal and external teams in the preparation of the
Draft, Supplemental Draft, and Final EIS documents, along with the FRA Record of
Decision. He also assisted FRA and the cooperating agencies through required
consultation processes, including Section 7 (biological resources) and Section 106
(Cultural Resources).
Project IMauriageir, Coast Corridor "'II "'iieir 1 Ili : : :'IIS /Ilf:�irogirairnirnatiic I11:::�1If1, Ilf : :edeirall
111aiilliroad Aalirniiurfii tiratiiouri, Caltrairls Division of I111aiill, and Saari 11 uis Obispo
Couiriciill of C: �oveirururneurit
John is leading a multidisciplinary team in the investigation of a program of rail
system improvements intended to facilitate expanded passenger rail service
along the Coast Corridor (San Francisco to Los Angeles). The resulting first tier
combined NEPA /CEQA document will look broadly at potential environmental
concerns, highlighting mitigation and avoidance strategies for subsequent project -
level reviews.
Project I111iirectoir, IIf;;;',uriviiiroururneuritall Ilf1eviiew foir 4 alkllaurial Ceuritirall IIi.i.. tuairy
Irnplleirneuritatiiouri Guide, City of 4 alkllaurial
John managed the preparation of a program EIR evaluating potential effects of a
new land use plan for a diverse 428 -acre waterfront area west of Interstate 880.
John led preparation of an intensive constraints analysis, examining existing air
quality, noise, hazardous materials, and other environmental concerns. The program
EIR was developed with the intention of streamlining any future environmental
review for projects within the plan area.
Project I10auriageir, IMouriteirey Couurity III °Ilou iiurig IIi.i..Ileirneurit Negative Ilf)ecllairatiiourl,
IMouriteirey Couurity Resource IMauriageirneurit Ageincy 111edevellolpirneurit and
II °lou iiurig
John managed the preparation of an environmental document to cover the
County's Housing Element for the period 2009 — 2014. The Housing Element
sought to meet the County's regional housing needs assessment (RHNA) largely
through previously approved plans, including the Castroville Community Plan.
0
I
Senior I:::,iroject Manager
1:3roject I10airiageir, 11 odd Shipyard III °Iliiatoiriic Cirairie Ilf)eirnolliitiioiri Ilf;;;11R, City of
Allairneda
John conducted the environmental review for the proposed demolition of the
severely dilapidated "Todd Shipyard" crane on the City's northern waterfront.
Constructed in the 1940s, the crane was considered to pose a threat to the
nearby Alameda - Oakland ferry terminal, yet was part of an established historic
district. John implemented an exceptionally efficient CEQA process, the
centerpiece of which was a limited topic EIR. The City certified the EIR in spring
2012.
1:3roject I10airiageir, Soacoll "'ll' "irairiaiit Ceiriteir 011: QA and IN1:.. :.]l:3A Ilf;;;',uriviiirouriirneuritall
Clleairairice, Napa Couirity "'11 ' "irairiapor0.atiioirl and 1f311auriuriiiurig Ageincy
John assisted the NCTPA in completing both CEQA and NEPA processes for a
proposed new transit center /administrative office complex near downtown Napa.
John coordinated closely with the Metropolitan Transportation Commission
(MTC) in reviewing the proposed project for potential PM 2.5 emissions. He also
facilitated the FTA's issuance of a Categorical Exclusion for the project.
Environmental work was completed in November 2010; ground was broken for
the project in spring 2011, and the building was occupied in 2012.
1:3roject I10airiageir, I113uclhairiairi Ciroaaiiuriga Iii-flitiiall Study /IlAiitiigated Negative
lf)ecllairatiioiri, City of Airitiioclh
John managed the preparation of the Draft Initial Study /Mitigated Negative
Declaration for the Buchanan Crossings project, a retail development located at
the intersection of Somersville and Buchanan roads in the City of Antioch. Key
CEQA issues reviewed in the study included noise, traffic, and visual impacts.
0
I
Audilrey Zagazeta
Senior l:::1iroject Manager
x Ipeir0.ii se Audrey Zagazeta has 13 years of environmental planning experience. She is a
CEQA and NEPA highly- motivated senior project manager with substantial experience in managing
General Plan complex environmental documents throughout the State of California. She has
Policies and Zoning successfully managed CEQA and NEPA documents for mixed -use development,
Codes
residential, urban in -fill, and infrastructure projects for various public agencies.
Project
Audrey's excellent communication and organizational skills, as well as her
Management
dedication to client service, compliments her technical capabilities resulting in
successful, high quality, well- managed documents. She has worked on a number
l:..:..ducatiiouri
of controversial projects and has been successful in guiding the project smoothly
B.S., Environmental
through the development review process.
Science, San Jose
State University
Selllected Ilf:Iroje t Ilf;;;;; 1periiien e
Wetland
Project I10airiageir, 11 assajara Valley New II: : :4rrn Project Ilf;;;',�Ilf�, Contra Costa
Delineation
Couifray
Methodology
The New Farm Project proposes 187 rural residential homes and associated mixed -
Course, University
uses on a total of 771 acres of land in central Contra Costa County. The project is
of California
located outside the boundary of the existing urban limit line (ULL) and as a result is
Berkeley Extension
highly controversial in the region because of its implications for other development
Ecological Risk
projects on the urban fringe. Audrey is responsible for strategic planning and
Assessment
problem solving, overall management of the budget and schedule, and quality of
Course, University
the EIR.
of California
Project IMairiageir, 1:3airitages 113ay Project Ilf;;;',Illlf�, Contra Costa Couirity
Berkeley Extension
Pantages Bay, a proposed residential community with individual docks and deep
Affilliatioiris
water access, is located in unincorporated eastern Contra Costa County. The
Urban Land
project applicant is proposing a general plan amendment for the project site to
Institute
allow 292 residential homes; with associated streets and infrastructure, on
Work 11 History
approximately 80 acres of the approximately 171 -acre project site. Audrey
Staff
managed the preparation of the EIR in compliance with the CEQA to assess the
Analyst/Biologist,
potential environmental impacts associated with the project, including Issues
Ogden
related to climate change and sea level rise. Audrey is responsible for strategic
Environmental
planning and problem solving, overall management of the budget and schedule,
and quality of the EIR.
Project Manager,
Impact Sciences,
Project IMairiageir, Patterson I111airicllh Coirnirnuiriiity 1f311airi II:H''l111, City of Ilf : :ireirnoirit
Inc.
The EIR evaluated the proposed development of 428 acres in northern Fremont as
Sr. Project
a combination of residential, institutional, and open space uses. The project would
Manager,
amend the General Plan designation from Open Space to a combination of Open
Circlepoint
Space, Low to Medium Density Residential and Public Facility land uses. The
development program consists of up to 520 housing units, religious facilities, 14
acres of neighborhood parks, which would be developed on 111 acres. The
remaining 316 acres will be retained as open space for eventual donation to public
agencies. Pedestrian paths would connect to the Alameda Creek Regional Trail.
Audrey was responsible for the day -to -day coordination with City staff, strategic
planning and problem solving, management of the budget and schedule, and
quality of the EIR. Audrey provided CEQA advice throughout the entitlement
process and participated in project meetings.
Project IMairiageir, Slkyllawiri IMeirnoiriiall Park I1:3roject, Couirity of Sairl Mateo
The Skylawn Memorial Park Project consists of a 300 -year Master Land Use
Plan to develop approximately 520 acres of cemetery land uses within San
Mateo County. The project site is characterized with biological, visual, and
(e_),
Audilrey Zagazeta
Senior l:::1iroject Manager
geotechnical constraints and is partially located within the Local Coastal
Commission's jurisdiction and the County's Scenic Corridor. Circlepoint
developed a constraints analysis through GIS capabilities to identify developable
areas and mitigating project design features the Master Land Use Plan.
Circlepoint worked as the liaison between the applicant and the County and
assisted with the development of the CEQA document for submittal to the
County. Audrey coordinated the overall constraints analysis and CEQA
preparation and managed the day -to -day project tasks including communication
with the project team and County staff.
Project I10airiageir, Siilliicoiri Valley I111alpiid "'II "'irairi iit Project I11 : : :',IIS and 2nd
SupIpleirneurtall Ilf;;;',Illlf , Sauna Clara Valley "'II' "irairisportatiiour Authority
VTA proposed refinements to the alignment and stations for the previously
approved Silicon Valley Rapid Transit Project. Circlepoint worked in partnership
with VTA to prepare the necessary documentation under NEPA to clear the revised
project. The draft EIS was published in March 2009 and a Record of Decision
(ROD) was successfully issued by the FTA in 2010. Circlepoint was responsible
for environmental analyses pursuant to NEPA, including land use, environmental
justice, and visual assessments. Circlepoint also updated previously prepared
technical sections for inclusion in the EIS. Subsequent to the Final EIS in 2010,
Circlepoint worked in partnership with VTA to clear a portion of the funded project
through a second supplemental EIR. The second supplemental EIR was
successfully certified in 2011.
Project I10aurageir, IIA "'II' "C 1:::X press III,,,,aure Phase e 1, IMetirolpolliitaurl
II' "irairisportatiiour Coirnirniiissiiioiri
MTC and Caltrans are pursuing development of an integrated Bay Area express
lane network to enhance mobility and afford greater user flexibility of the
transportation system within the San Francisco Bay Area. The initial set of five
segments to advance as the first phase of the express lane network include the Bay
Bridge approach, San Mateo Bridge approach, Dumbarton Bridge approach, 1 -680
between Alcosta Road and Livorna Road, and 1 -880 between Marina /Lewelling to
State Route 237. All five segments would involve converting existing HOV lanes
into approximately 76 miles of the regional express lanes network. The project
development process for the Phase 1 Project is tied to the legal requirements of
CEQA and NEPA environmental laws and regulations and combines engineering
requirements and Caltrans' management approval steps with the environmental
process. Audrey is the environmental team manager responsible for preparing the
CEQA and NEPA environmental document for the Phase 1 project.
Project I10aurageir, 1-680 INorthlbouirid 1:::X press III,,,,aure I1:3roject, Allairneda
Couirity "'II' "irairisportatiiour Cornirnissioirl
The Alameda County Transportation Commission is proposing to construct an
Express Lane on northbound 1 -680 from Route 237 in Santa Clara County to south
of Alcosta Boulevard in Alameda County. Audrey is managing the CEQA and
NEPA environmental process including risk assessment, environmental
documentation requirements, preparation of project purpose and need, and
procedural schedule.
Project I10aurageir, Data Ceurteir I1:3roject , City of Sauna Clara
Audrey led the Circlepoint team to prepare mitigated negative declarations (MNDs)
with supporting Initial Studies for five data center projects in the City of Santa Clara.
I
(e-),
Audilrey Zagazeta
Senior l:::1iroject Manager
Each project involved re -use of an existing commercial /light industrial building to
house computer servers and supporting equipment for private clients.
1:3roject I10airiageir, Gallery at Ceiritirall I1:3airlk 1:::11R, City of Sairita Clara
The proposed project entails construction of 806 housing units including multi-
family, town houses, row houses and single - family units at the former site of the
Kaiser Permanente Hospital in the City of Santa Clara. The existing hospital and
medical buildings are proposed to be demolished. The project is highly controversial
among the neighboring residential community, who has expressed concerns with
visual character compatibility, traffic, parking capacity deficiencies, hazards during
demolition and construction, and increased use of parkland by new residents in the
City.
[Deputy I1:3roject I10airiageir, UC Merced and Uirfiiveir iity Coirnirnuirfiity I1:3roject
Uirfiiveir iity of Calliifoirurfiia
The EIS /EIR evaluates the potential for significant environmental impacts
associated with the development and operation of a major research university
campus in Merced County. The EIS /EIR also considers the federal actions
associated with the development of the Campus and University Community,
including the permission to fill 76.7 acres of wetlands present on the Campus.
Topics of concern include conversion of prime farmland; wetlands, aquatic
resources, and other biological resources; groundwater and surface water supply
infrastructure; storm water drainage; energy use, air quality, and climate change;
traffic and road safety; growth inducement; and project location.
1:3roject I10airiageir, I1F:]yiiurig J "'ll "'iravell 1f31laza 1:::11R, City of I[Dii oirl
The project is a 17,638 square -foot travel plaza that includes a 24 -hour convenient
store, restaurant, fast food court, driver lounges, laundry and shower facilities, as
well as fueling services for diesel and automobile vehicles. Major CEQA issues
included changes to visual character of the area; emissions of pollutants from
project - generated trips, diesel truck idling, and fuel storage; biological resources;
drainage; and traffic impacts.
1:3roject I10airiageir, III °tiigllhllairid Ilf;;;' ,states Ilf;;;',Illlf , Saari Mateo County
The project proposes to subdivide an approximately 99 -acre parcel, into nine lots,
and a remainder parcel. Eight lots would be developed with single - family homes
and one approximately 84 -acre lot would be designated open space. The proposed
homes would be constructed on a steep upslope portion of the project site. The
project is highly controversial among the residents of the neighborhood surrounding
the site, who have expressed concern with potential landslide and visual impacts.
1:3roject I10airiageir, I1:3eirfiiurisuIla III °lurnairie Sociiety /SI1:3CA Center Moir Cornpassioiri
City of I113uirlliiurigairne
This highly controversial project proposes to develop an animal facility in the
Burlingame's light industrial neighborhood. Major issues associated with the project
included odor, noise, land use compatibility, and consistency with the City's design
guidelines. Technical studies prepared for the EIR included an Environmental
Protection Agency approved air dispersion model (ISCST) and visual simulations.
1:3roject I10airiageir, IIF:1irigeir Aveirme IlRe iideiritiiall Subdiivii iioiri lurliitiiall Study/
IWitiigated INegative I[Decllairatiioiri, City of lRedwood City
This highly controversial project consists of a nine -lot residential subdivision of three
existing residential homes adjacent to Cordilleras Creek. Key environmental issues
R
(e-),
Audilrey Zagazeta
Senior l:::1iroject Manager
includes the potential historical resources on site, and the potential for the existing
structures to be part of a historical district; soil erosion associated with creek
activity; visual compatibility, and potential flooding of the creek.
Project I10airiageir, Seall Island I11 : : :', tate I1:3roject, Couirity of Contra Costa
The project involves the subdivision of a 5 -acre site into 22 lots on an undeveloped
hillside in an unincorporated portion of Contra Costa County. The applicant is
requesting a general plan amendment to change the site designation from Heavy
Industrial to Single - Family Residential High Density and a rezoning of the property
from Heavy Industrial District to Planned Unit Development District. Key
environmental topics include changes to the visual setting, land use compatibility,
and off -site improvements through sensitive biological habitats.
Project I10airiageir, Ill,,,,aguiria III °touch III °Ilo 1piitall Ilf1elp1l ace irneint Ilf;;;',Illlf�, Saari Francisco
The project entailed phased replacement of the existing hospital and construction of
an assisted living facility. Audrey prepared and managed the EIR for this project.
The EIR focused on traffic, historic architectural resources, visual quality, hazards,
and construction noise.
Project I10airiageir, Shaffer I111oad /IlAoiriaircllh Village Alpairtirneirit 1E.:11:1, Santa
Cruz
The project entailed 206 unit apartment developments on a 9 -acre site. The project
involves an amendment to the City's General Plan land use designation from Low -
Medium Density Residential to Industrial, Planned Development, Special Use,
Design, Coastal and Demolition Permit. Audrey prepared and managed the project
EIR. Key issues of concern were visual quality, biological resources, and hazards.
lf)elputy Project I10airiageir, Ilf;;;' pairs iioiri of the Saari Carlos General Aviiatiioirl
Aiiirlpor0. Ilf;;;',Illlf�, City of Saari Carlos
Project components included paving 300 foot safety overruns on each end of the
runway, expansion of airport facilities, and installation of navigational aides. Audrey
assisted in the development of the initial study, project description, and project
alternatives. She also managed six subcontractors; project budget, schedule and
graphics; team meetings; and day to day activity. Key issues of concern were
alternative land uses of the project area, socioeconomics, impact to wetlands, and
public controversy.
Initial Study for the I10eirgiiirig foir "'11 w I111edevellolpirneirit 1f311airl Areas, City of
II,,,IleircuIIe
The project involved the merging of the 577 -acre Dynamite Redevelopment Plan
Area and the 249 -acre Hercules Redevelopment Plan Area. The proposed land use
changes and the level of development proposed under the Merging of the
Redevelopment Plan Area were addressed in the Hercules General Plan Update
EIR, the Hercules Redevelopment Plan Area EIR and other CEQA documentation.
As the project is required to comply with the City's General Plan policies that include
mitigation measures identified in the General Plan Update EIR, the Initial Study
tiered off of the analysis of environmental impacts presented in the General Plan
Update EIR and other CEQA documentation prepared for the Areas.
Staff Aerially t, I11 : : :',irneiralld III °Ileiiglht II:H.,1I111, City of I111iicllhirnoirid
This controversial project entailed 172 unit single - family residential development on
a 401 -acre. Audrey assisted the preparation of the EIR for this project. Key issues
include soil stability, impacts associated with surface water runoff, traffic impacts,
(e-),
Audilrey Zagazeta
Senior l:::Iiroject Manager
and biological resources. She was responsible for developing project description,
managing subcontractors, project schedule, project graphics, and day to day project
activity.
Staff Aerially t, I1:ItAtterfly [Discovery Park Ilf;;;',Illlf�, City of Saari Francisco
The project is a 150,000- square -foot butterfly museum in downtown San Francisco.
The project proposes to include a conservatory, exhibit space, landscaped open
space, and retail and restaurant space. Audrey assisted the development of EIR for
the project. Key issues to be analyzed include loss of the existing open space on
the project site, traffic impacts (including impacts of tour groups), visual impacts of
an institutional use, and air quality and shadow effects.
Staff Aerially t, Sunset IIRiidge Ilf;;;',Illlf�, City of Novato
The project entailed 16 unit single - family residential development on a 34 -acre
parcel. Audrey assisted the development of EIR for the project. The EIR is focused
on land use and planning; geology, soils, and seismicity; hydrology; biology;
transportation and circulation; public utilities; and aesthetics.
Staff Aerially t, Cabrillo III °lleiiglht IIAII:: :III °ll Complex Ilf;iA, City of Cabrillo III °lleiiglht
Project entails the replacement of 812 existing Military Family Housing Units at the
110- acre Cabrillo Heights MFH Complex. Audrey researched baseline conditions
and evaluated impacts associated with the project on geology and soils; biological
resources; hydrology; cultural resources; transportation and circulation; and public
services and utilities. Key issues of concern included noise impacts to the California
gnatcatcher during construction and demolition activities and potential adverse
impacts to schools serving the Cabrillo area due to increased enrollment.
Staff Aerially t, I11 : : :',A for a SIhoir - "'II' "eirirn 11:::�acilities IDevellolpirneirit I1:3roject,
1:3eiruri yllvairfiia Air Guard Station
The Pennsylvania Air National Guard proposed construction of new facilities and
demolition of inadequate or unnecessary facilities. New facilities included two air -to-
ground range towers, a vehicle wash rack, an expanded excavator training pad,
and a support and communications complex. Audrey was responsible for research
of the baseline conditions and evaluation of impacts on air quality; geological,
hydrological, and biological resources; hazardous materials and waste; and safety.
Staff Aerially t, I1:31rolpo ed I[Deirnolliitiioiri of Substandard I113uiilldiiirig and
Construction of Warehouses and I1:3airlkiiirig Ilf : :aciilliitiie iiuri aura lliridu tiriiall Portion
of IIACAS IWirarnair
Audrey researched baseline conditions and conducted impact assessment for
geological and hydrological resources in the project vicinity.
I
(e),
Selected Project Experience
(e_),
C �� �� �.? 11, � t
Ferd Del Rosario
Senior Civil Engineer
City of Dublin
100 Civic Plaza
Dublin, CA 94568
(925) 833 -6637
F e rc deIr.c sari o C dublin.ca.cov
Dublin, California
",1 fill'."II VIICfl. P;
Environmental Documentation
Strategic Communications
$169,000
ti':„ Ih °n as a' °:i
2012
11i31t,1, ff'
Scott Steinwert, Principal -in- Charge
John Cook, Senior Project Manager
(Environmental)
Chris Colwick, Senior Project
Manager (Communications)
Dougherty Road Widening Project
(Sierra Lane to North City Limit)
SYCAMORES-AND . ---- --
UNUERSTLRY
ta.
4nlrlw <1nvnRnncNl
fl�vP1F1'nG iosiC
STAND Sf REAM
LI IAN NEI:
. C- ;�"iixn•n r�lylrhe
N .I�le� f8�etmrein
[amM1non. arxnY
Dougherty Road is a major thoroughfare used by commuters, transit
riders, pedestrians, and bicyclists. The road currently experiences traffic
congestion and circulation issues related to these multiple uses. The
City of Dublin proposes several multi -modal improvements that will
address these issues and improve conditions for all users. The
Dougherty Road Improvements Project will upgrade commuter,
pedestrian, bicycle, and transit facilities along a 1.9 mile long section of
Dougherty Road, from Sierra Lane to the north City limit in a manner
consistent with the Circulation Element of the City's General Plan and to
match improvements to Dougherty Road north of Dublin in San Ramon.
The project will minimize the transport of pollutants by incorporating
vegetated bioswales in the roadway median to infiltrate and treat
stormwater prior to entering the City's storm drain system.
The project will improve bicycle and pedestrian facilities by adding on-
street Class II bicycle lanes and installing lighting along the existing
Class I bicycle /pedestrian path, enhancing the connection with the Iron
Horse Regional Trail and local destinations.
Circlepoint prepared the Initial Study/ Mitigated Negative Declaration
(IS /MND) for this project and a Mitigation Monitoring Reporting Plan.
In addition to preparing the environmental document for the project,
Circlepoint facilitated two community meetings during the project
planning phase to gather community feedback from residents and
business owners and provide a general project overview to interested
parties.
X
(e-),
CIIIIm. ?IIat
John Oborne
Contra Costa County
Community Development
Department
30 Muir Road
Martinez, CA 94553
(925) 674 -7793
l.2.Lg.[Qcd
Ca t li (')ire
Contra Costa County, California
II V i C." Ply
Environmental Planning
$340,000
C I''n a s a' °:i I'i II ml.,
2010 — Present
Scott Steinwert, Principal -in- Charge
Audrey Darnell, Senior Project
Manager
John Cook, Task Leader
Jennifer Gallerani, Task Leader
Dana Gregg, Associate
Environmental Planner
Tassajara Valley New Farm Project EIR
The New Farm Project proposes 187 rural residential homes and associated
mixed -uses on a total of 771 acres of land in central Contra Costa County.
The project is located outside the boundary of the existing urban limit line
(ULL) and as a result is highly controversial in the region because of its
implications for other development projects on the urban fringe.
In additional to the rural residential component, the project also includes an
agricultural learning annex, community center, religious facility, cemetery, fire
training facility, and road side farm stand.
Il,.tu�uriui�r,'.a II r�a�`iLirlrr.r�°
The applicant proposes a new land use designation: Tassajara Rural Mixed
Use that would allow the development of clustered rural residential uses
alongside agriculture and other land use components, without requiring
adjustment of the ULL boundary.
The project has raised concern from organizations such as East Bay
Municipal Utilities District, as their policies discourage extension of services
beyond the ULL. The project could also jeopardize transportation funding
pursuant to County Measure J.
Circlepoint is preparing a landmark environmental analysis to evaluate the
merits of the proposed project in light of the existing General Plan and related
growth management policies.
10
(e_),
Lashun Cross and Aruna Bhat
Contra Costa County Dept. of
Conservation and Development
30 Muir Road
Martinez, CA 94553
(925) 674 -7786
Icr cd.cccount .us
L. Ca t Ire
Boulevard Way, Contra Costa
County, California
Sufism Reoriented EIR
Sufism Reoriented, a religious organization, proposed a new sanctuary
and consolidated administrative /activity facility in the Saranap
neighborhood near Walnut Creek. About 350 Sufism members live near
the project site, about' /4 -mile from its existing sanctuary.
To reduce the visible bulk of the building, project architects (Johnson/
Burgee) proposed placing 2/3 of the floor area below grade, thus
requiring the export of more than 40,000 cubic yards of soil. Owing in
part to the site's proximity to houses and other buildings, the excavation
required intensive geotechnical controls, as illustrated in the center photo
above of the project site during grading.
1r�11'vll�: ;r� n
40: , �s ,�n�: �h�uoalf llll� llnlloam lla'�`:�°
Environmental Documentation
Circlepoint senior manager John Cook had hands -on involvement in this
exceptionally controversial project all the way from the marketing/
contracting stage through appellate hearings. Throughout, John and
$300,000
other Circlepoint team members worked with County staff across
departments and agencies, as well as with the applicant and its counsel,
In, tiIn,
I "n n' °:� 4,1� m'I.�
to identify and implement creative solutions to the analysis of this unique
2009-2012
project. Even prior to project scoping, the County received hundreds of
(mainly negative) comments about the project. Circlepoint reviewed and
synthesized these comments, along with those from the scoping process,
John Cook, Senior Project Ma anager r
and created a Draft EIR that was extraordinarily responsive to
neighborhood concerns, including some beyond the scope of CEQA.
In November 2011, following four packed public hearings, the County
Planning Commission certified the EIR and approved the project, satisfied
that Circlepoint and County staff adequately addressed hundreds of
oppositional comments on the EIR. Within a month, opponents filed ten
discrete appeals challenging the EIR's adequacy. John provided
ongoing support to County staff through a compressed, intense appeal
process. In February 2012, he joined County staff at the dais at two day-
long Board of Supervisors hearings, convened at a local theater to
accommodate more than 800 attendees each day. He also helped County
staff address extensive late -hit "document dumps" by project opponents.
With Circlepoint's assistance, County staff was able to thoroughly
respond to and deflect all allegations. Ultimately, the Board of
Supervisors rejected all of the opponents' appeals. By fall 2012, the
applicant had grading permits in hand and had completed the vast
majority of excavation and shoring work.
11
(e_),
C I I m.? 11, � t
Mindy Gentry, Senior Planner Roddy Ranch EIR
City of Antioch �.a �� ;;'d. r u m � li m���.? ���
�;r W
PO Box 5007
Roddy Ranch is comprised of more than 2,000 acres in Mt. Diablo's
Antioch, CA 94531 -5007 northeast oak - studded foothills. A substantial portion of the ranch
(925) 779 -7133 remains in active grazing use as well as a long- established public golf
rY.gnry @ci.anfiioch.ca.us
course.
L. Ca t li ire
Antioch, California
"a rll :.? II V i Cr." Ply
Environmental Planning
The applicant proposed a development program for the ranch, consistent
with a previously adopted ballot measure. The program called for more
than 500 estate homes, about 100 townhouses, a hotel, and affiliated
recreational elements, plus nearly 700 acres set aside for the protection of
sensitive habitats and wildlife movement.
John Cook, Project Director <r�s aka. hI� ° °�allullu.nllnl� ° °�amua��
(January 2012 - Present) Beginning in 2004, Circlepoint prepared Draft and Final Programmatic
EIRs related to annexing an 850 -acre portion of Roddy Ranch.
Circlepoint subsequently prepared a project -level Draft EIR in 2009 for
development of the site.
Following a staffing transition in January 2012, John Cook was brought in
as a project director in the midst of preparation of a Recirculated Draft
EIR, which was needed to address numerous applicant - proposed project
changes.
Working closely with Pacific Biology, John and the Circlepoint team were
able to swiftly complete the Recirculated Draft EIR, thoroughly addressing
numerous interlocking biological resource and site planning
considerations.
12
Though consistent with the adopted ballot measure, the project as
$800,000
proposed posed many challenging issues to be addressed in the CEQA
process. Given the foothill setting, high volumes of earth movement were
Cll °na�,.�n�;iu.i�llm °,.a
proposed to allow for building pads and roads. Substantial areas of high -
2004 — Present
quality habitat for federally listed species were also at issue. Moreover,
the project area included the City of Antioch's only woodland area; the
project called for the removal of several acres of blue oak woodland.
John Cook, Project Director <r�s aka. hI� ° °�allullu.nllnl� ° °�amua��
(January 2012 - Present) Beginning in 2004, Circlepoint prepared Draft and Final Programmatic
EIRs related to annexing an 850 -acre portion of Roddy Ranch.
Circlepoint subsequently prepared a project -level Draft EIR in 2009 for
development of the site.
Following a staffing transition in January 2012, John Cook was brought in
as a project director in the midst of preparation of a Recirculated Draft
EIR, which was needed to address numerous applicant - proposed project
changes.
Working closely with Pacific Biology, John and the Circlepoint team were
able to swiftly complete the Recirculated Draft EIR, thoroughly addressing
numerous interlocking biological resource and site planning
considerations.
12
C�
C III 0"i :? I1, 11'�':
John Oborne, Senior Planner
Contra Costa County
Community Development Department
(925) 335 -1217
�ohln.oborineC�?cd.cccoulnty.us
L. Ca t it t
Contra Costa County, California
II V i C." Ply
Environmental Documentation
3 u' nJ g m'.a'�`:
$246,000
2005 — Present
Audrey Darnell, Senior Project
Manager
Pantages Bays Project EIR
Pantages Bay, a proposed residential community with individual docks
and deep water access, is located in unincorporated eastern Contra
Costa County. The project applicant is proposing a general plan
amendment for the project site to allow 292 residential homes; with
associated streets and infrastructure, on approximately 80 acres of the
approximately 171 -acre project site. The remainder of the site would
consist of open -water areas, emergent marsh, wetlands, open space
areas, and a marine patrol station.
The project includes restoring bank habitat on the Pantages property
and in adjacent areas, creating emergent marsh and seasonal wetland
habitat. Additionally, a vernal pool would be created at an offsite
mitigation bank to replace the on -site vernal pool that would be directly
affected. Kellogg Creek would be widened as part of the project, which
would reduce water velocities in that section of the creek and improve
boater safety.
The project is being undertaken with the support of Reclamation District
800, which provides oversight for the community of Discovery Bay.
Il�;r.a�s �' �, �n �n � ::h�Iruallullu.nllnlluam�ua��
Circlepoint is preparing an Environmental Impact Report (EIR) in
compliance with the California Environmental Quality Act (CEQA) to
assess the potential environmental impacts associated with the project.
This EIR will provide environmental review for all discretionary approvals
necessary for the project and will be the primary document used in the
formulation and implementation of a mitigation monitoring and reporting
program for the project.
Issues related to climate change and sea level rise have special
relevance for this planned community on the shores of the delta.
Circlepoint is evaluating issues related to increased scour resulting from
planned widening of the waterway in the wake of boating enthusiasts.
The project has been delayed several times, because of the volatile
housing market and the hard costs associated with creating lots with
deep water access. Circlepoint has worked closely with the County and
the applicant to remain flexible as the project stopped and started.
13