HomeMy WebLinkAbout4.02 PlacemakrsContractSvcCITY CLERK
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AGENDA STATEMENT
CITY COUNCIL MEETING DATE, December 16, 2003
SUBJECT: Establish Contract Services for Placemakers, Patricia Jeffery, a Planning
Consultant on an as needed basis for overflow services in the Community
Development Department , f
(Report Prepared by Jeri Ram, Planning Manager)
ATTACHMENTS: 1) Resolution Approving Agreement with Placemakers, Patricia Jeffery
2) Letter from Patricia Jeffery and Statement of Qualifications
3) Consultant Agreement
RECOMMENDATION: 1) Adopt the Resolution approving Consulting Agreement with
Placemakers, Patricia Jeffery, on -call Planning Consultant
2) Authorize the Community Development Director to sign the Agreement
on behalf of the City.
FINANCIAL All charges to be funded through direct developer fees for
STATEMENT: major Planned Development applications or as approved Planning Division
budgetary projects in the adopted budget. Consultant services will be
budgeted within yearly budgets as anticipated.
DESCRIPTION:
During the past several years, the City Council has authorized Staff to hire outside consultants on an as -
needed basis to assist Staff with specific areas of technical expertise kCEQA, biology, large scale specific
plans, design review, etc.) and overflow of work. The Community Development Department has
contracted with several consulting firms on a project -by -project basis with much success. Anticipated
workloads over the next several years dictate that this Department continue to retain consultant firms to
handle overflow work in these areas including the general processing of entitlements for development
projects, as well as plan checks and field checks for those projects.
Staff is recommending adding an additional Planning Consultant, Patricia Jeffery with Placemakers, to
assist with the environmental review of large projects that are being submitted for processing. These
projects include the Bancor-Alcosta site, the Bancor-Pac-n-Save site and other large developments
anticipated to begin processing projects within the City. The need for this type of service has increased
significantly, therefore, requiring staff to seek additional services in order to keep up with the planning
activities.
It is important to coordinate the availability of additional Community Development Department resources
to those in Public Works, Police, Fire and other outside interests to insure that all necessary resources are
COPIES TO: Consultant
ITEM NO.
0�'
available to handle a rapidly growing development review program and implementation of projects
approved and about to begin construction.
This typical contract contains provisiOns that the consultant will only perform work on a time and
material basis at the direction of the Community Development Director. No, work will be done without
expressed permission and all costs will be charged to the Community Development Department budget in
accordance with costs associated with that project.
SUMMARY:
Again, as noted earlier, no wor.k will be done or .funds expende, d. unless funding is available and it has
been determined that outside help is needed to meet a specific time objective. This standard contract is
similar in nature to the master contract that has been reviewed and .approved by the City Attorney.
RECOMMENDATION:
Staff recommends that the City Council adopt the Resolution approving Consulting Agreement with
Placemakers, Patricia Jeffery, on-call Planning Consultant and authorize the Community Development
Director to sign the agreement on behalf of the City.
G:agenda/2003/c¢ sr 12-16 Jeffrey
RESOLUTION NO. - 03
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AN AGREEMENT WITH PLACEMAKERS, PATRICIA JEFFERY,
AS NEEDED FOR OVERFLOW SERVICES IN THE
COMMUNITY DEVELOPMENT DEPARTMENT RELATED
TO PRIVATE DEVELOPMENT PROJECTS
WHEREAS, the City of Dublin is experiencing significant increases in new development
applications; and
WHEREAS, with the acceleration of new development projects in Dublin, the need to retain
outside consultant finns is necessary, and
WHEREAS, staff has determined it necessary to hire technical support to provide Planning
Consultant services including processing applications, plan checks and field checks of new projects, and
WHEREAS, the City of Dublin Planning Commission and City Council has directed staff to
move projects expeditiously, and hire consultant finns when services are needed, and
WHEREAS, Patricia Jeffery has demonstrated she has adequate ability to perform the planning
services required, and
WHEREAS, consultants will only perform work on a time and material basis at the direction of
the Community Development Director, and
WHEREAS, all costs will be charged to the Community Development Department budget in
accordance with costs associated with certain projects, and
WHEREAS, the contract has been reviewed and approved by the City Attorney's Office.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
approve the agreement with the Placemakers finn.
BE IT FURTHER RESOLVED that the Community Development Director is authorized to
execute the agreement.
PASSED, APPROVED AND ADOPTED this 16th day of December, 2003.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
Mayor
ATTACHMENT 1
P L A C
Nox~ember 20, 2003
LAND
E
~SE
R
AND
S
_:NVIRONMENTA[
PLANNING
Ms. Jeri Ram, AICP .s~
Planning Manager
100 Civic Plaza
Dublin, California 94568
Subject: Provide California Environmenta/~Qua/i~ Mcr (CE~A) Consu/tineg Services
Dear Je~
I am' pleased to offer my servxces to provide CEQA consulting services to the City of Dublin.
PLAC]EMAKERS has extensive experience preparing i variety of CEQA documents includirig EIRs,
Mitigated Negative Declarations, Negative Declarations and Categorical Exemptions. I personally
have more than 20 vears experience preparing CEQA documents and have prepared CEQA
evaluations for many local governments including the City of Dublin. I look forward to assisting you
and your staff with the CEQA review process.
Attached is PEACEMAKERS' Statement of Qualifications. Please call me at 510.985.1784 if you,
have any questioris.
Principal ~/// ¥ ~/ .
Attachment - SOQ
ATTACHMENT
1500 Park Avenue ~, Loft
3'0 ~' Emer',/ville California 94608
510.985.'784 *' Fax' 510.985.0887 ~' E-mail: ~ieff85233@aol.com
Qualifications
PLACEMAKERS, a certified woman-owned business (WBE), provides land use and environmental planning,
permitting and project management services. We offer a comprehensive approach to planning that integrates
program requirements with environmental concerns and community needs. Our participation in multi-
disciplinary projects involving other consultants, public officials and agencies, developers, the community and
environmental groups demonstrates our ability to effectively participate in the complex planning process. We
emphasize feasible solutions to planning problems and are committed to advancing innovative approaches to
technical problems in a cost effective and timely manner. It is our goal to offer the highest quality of planning
services in a responsive setting in which we maintain close coordination and communication with our clients. We
have provided services to clients throughout California and the Pacific Northwest. We are highly familiar with
the requirements of the public planning process and the many regulatory agencies at the local, state and federal
level.
PLACEMAKERS was established in 1990 and is a sole proprietorship. Patricia Jeffery, AICP, the f~rm's
principal, is an urban planner with 24 years professional planning experience. Her extensive experience in the
profession covers a broad range of private and public sector projects from small-scale site-specific land use
studies to large-scale programmatic environmental documents. She is knowledgeable of state planning and
environmental law as well as California Environmental Quality Act (CEQA) and National Environmental Policy
Act (NEPA) requirements.
PLACEMAKERS's services range from initial project sc0ping through project implementation and monitoring.
We are highly qualified to assist clients in negotiating the maze of environmental compliance regulations. We
efficiently manage projects for the client to minimize cost and are responsive to scheduling demands.
PLACEMAKERS affiliates with a collaboration of environmental professionals on a regular basis. This
affiliation offers our clients a broad range of expertise without the overhead burden of a large consulting frrm.
Our goal is to provide our clients with personalized service tailored to the individual needs of their project. Each
individual included on a team is a highly experienced, senior-level professional with extensive experience working
for both private and public sector clients. Our combined skills and experience offer our clients a complete range
of planning and environmental serv/ces at competitive rates with direct savings to our clients including:
· Environmental Planning
· Site Planning
· CEQA/NEPA Compliance
· Permitting
· Plans
· Socioeconomic Studies
· Public Facilities Studies
· Public Involvement Programs
· Project Management
PLM CEMAKERS - Statement or.Qualification Page !
Services
Environmental Planning
PLACEMAKERS offers a range of planning services covering the full
spectrum of the planning process from policy development to implementation.
Our planners compile detailed baseline studies to ensure that subsequent plans,
policies and development programs accurately reflect the physical conditions of
the planning area. On the basis of such information, sound planning strategies
can be developed that achieve workable and appropriate solutions to complex
planning issues. Our capabilities include:
Provide environmental planning expertise including baseline studies, constraints
analyses and environmental impact assessments. Baseline studies are prepared
to record existing conditions of a site, area or region. Through detailed
evaluation of site characteristics, our planners prepare constraints analyses that
establish planning parameters to guide development within an environmentally
sensitive context.
Site Planning
Developing site plans that are responsive to both the specific conditions of a
site and the general physical conditions of a planning area. We develop land use
scenarios that identify appropriate uses and establish suitable densities and
intensities of use. Building envelopes are created that delineate the maximum
permitted area of development in response to environmental/regulatory
opportunities and constraints. This method is intended to provide a
comprehensive approach that integrates program requirements with
environmental concerns and community needs.
CEQA/NEPA Comph'atlce
Permitting
Preparing environmental documents in full compliance with the California
Environmental Quality Act (CEQA) and the National Environmental Policy
Act (NEPA). We prepare Initial Studies,,Negative Declarations, Environmental
Impact Reports (EIRs), Environmental Assessments and Environmental
Impact Statements (EISs). Our planners are knowledgeable of planning and
environmental law and stay abreast of new laws and court cases.
Coordinating permitting requirements for projects including identification of
permitting agencies, meeting and negotiating with agencies responsible for
issuing permits, preparing and f~ling permits and follow-up with agencies to
expedite the granting of permits. We are experienced in preparing permits at
the local, state and federal level.
PL~4 CEMAKERS- Statement or. Qualification Page 2
Plans
Providing a comprehensive approach in preparing planning documents. We use
public input and sound technical information to develop plans that balance
social concerns with scientific data on the physical environment. Through close
coordination with public agencies and the community, our planners deveJop a
planning framework to guide development within an overall context of
preserving and enhancing environmental quality. It is our intent to provide a
conceptual blue print to guide development in accordance with well-defined
planning, design and development standards.
Socioeconomic Studies
Determining community impacts associated with land use changes and
development activities. Utilizing public input and current demographic trends
we analyze project impacts relating to housing and employment conditions,
public services, community development and quality of life.
Pubb'c Facilities Studies
Conducting in-depth analyses of infrastructure capacities to determine growth'
, impacts. On the basis of growth scenarios and development programs, we
estimate project demand for public facilities. We provide evaluations of public
service capabilities that identify demand and capacity to clearly assess the degree
to which development can occur within the limitations of public facilities.
Pubb'c Involvement
Programs
Ptofect Management
Coordinating and facilitating public information and involvement
programs. We work with our clients to assist with the design and
implementation of public participation programs. We identify suitable public
participation techniques including disseminating information (e.g., fact sheets,
newsletters, newspaper articles), workshops, public meetings and public
hearings.
Providing hands-on project management emphasizing quality control and cost
accountability. Our project managers are experienced directing multi-
disciplinary teams and coordinating with public agencies at all levels of
government. We employ management procedures that ensure work products
are produced on time and within budget.
PLACEM2tKERS- Statement of~Qua~fication Page 3
Management Approach
Quality Control
Cost Control
Schedule Control
PEACEMAKERS has developed an effective technical management system that
enables us to produce high-quality documents reliably and promptly. Drawing
on our understanding of the potential size and complexity of the project, we
assemble a team that has members with extensive experience in all related fields.
This allows us to provide our clients with the best technical experts in the field
for the particular issues at hand at a reasonable cost.
Our commitment to provide high quality professional service is based on the
following management procedure.:
Develop a detailed work plan, reasonable schedule, and appropriate cost
estimates with each client;
Schedule regular meetings, telephone conversations and progress reports
with the client to discuss process, information requests, data needs,
schedule constraints or other considerations to resolve potential problems
quickty;
· Use the work plan schedule and budget to produce individual task orders
for each issue or report section for each task worker and check progress
toward completing task orders and budget status regularly to ensure
adherence to schedule and budget; and
· Ensure technical and legal adequacy through review by the project manager
and senior technical experts and maintain readability and high product
quality through detailed report review.
PLACEMAKERS is committed to providing client services within the specified
budget. As a small firm with a simplified management structure, we are able to
maintain a low overhead, which results in savings to our clients. Our extensive
project management experience and regular monitoring of budgets ensures that
potential budgetary complications are identified and resolved before cost
overruns occur.
Our management procedure described above ensures that schedule control is
maintained. PLACEMAKtgRS's commitment to maintain on-going
communication with our clients and subcontractors results in the avoidance of
potential schedule conflicts. PLACEMAKERS makes certain that all
subcontractors also commit adequate levels of time to PLACEMAKERS's
projects to assure on-time completion of all work products.
PLMCEMAKERS- Statement of.Qualification ~ Page 4
Representative Project Experience
Plans
ALAMEDA COUNTY
· Oakland Zoo in I<.nowland Park Master Plan (East Bay Zoological Society)
· Comprehensive Land Use Plan (Alameda County)
FRESNO COUNTY
· Pleasant Valley Habitat Conservation Plan (City of Coalinga)
KERN COUNTRY
· Kern Fan Element Habitat Conservation Plan (Dept. of Water Resources,
Kern County Water Agency, ARCO)
LOS ANGELES
· Preliminary Redevelopment Plan (City of Hawthorne)
MONTEREY COUNTY
· Harden Ranch Planned Community Precise Plan (City of Salinas)
NAPA COUNTY
· Historic Preservation Element, City of Napa General Plan (City of Napa)
SAN JOAQUIN COUNTY
· Delta College Center at Mountain House Master Plan (San Joaquin
Community College District)
Planning Studies
ALA1VIDEA COUNTY
Mixed Use Residential/Commerce/Retail Development
· Opportunities and Constraints Analysis, Rancho Arroyo de la Alameda
Planned Residential Development (Dividend Development Co.)
· Social and Physical Infrastructure Analysis, Las Positas Mixed Use Planned
Community (Shea Homes)
Institutional
· Parks Reserve Historic Structures Evaluation (US Army Corps of
Engineers)
CONTRA COSTA COUNTY
Industrial Development
· Planning Studies, Cogeneration Power Plant, Crockett, California
PLACEMAKEtL9- Statement of~Qua~fication page 5
Studies
coa~aued
Parks and Recreation
· San Pablo Shoreline Trail Opportunities and Constraints Study and
Alternatives Evaluation (East Bay Regional Park District)
Mixed Use Commercial/Industrial Development
· Opportunities.and Constraints Analysis, Master Plan for Mixed Use
Development, Richmond, California (Wareham Property Group)
LAKE COUNTY
Commercial and Industrial Development
· Commercial and Industrial Land Use Study and General Plan Amendment
(Lake County)
NAPA COUNTY
Residential Development
· Stanly Ranch Cultural Resources Evaluation (Continental Capital Real
Estate)
Parks and Recreation
· Alston Park Master Plan Opportunities and Constraints Evaluation (City of
Napa)
SAN DIEGO COUNTY
Industrial Development
· Otay Mesa Power Project Planning Coordination (U.S. Generating Co.)
SAN FRANCISCO BAY AREA REGION
Infrastructure
· Site Selection Studies CeLlular Mobile Telephone System (Bay Area Cellular
Telephone Company)
SANTA CLARA COUNTY
Infrastructure
· Upper Guadalupe River Flood Control Project Property Management Plan
(Grassetfi Environmental Consulting)
SAN JOAQUIN COUNTY
EducationaI I~ aaTities
· Site Selection Study (San Joaquin Community College District)
PL~i CEMAKERS- Statement of~Quahfication Page 6
Pl~nnin~ S~udies
continued
CEQA
Documentmtion
SOLANO COUNTY
Residential Development
· Serpas Ranch Cultural Resources Evaluation (Condiotti Enterprises)
SOUTHERN CALIFORNIA
Industrial Development
· Site Selection Low-Level Radioactive Waster Facility (US Ecology)
PACIFIC NORTHWEST
Institutional
· Ske Selection Studies, Everett and Tacoma, Washington (US Postal Service)
ALAMEDA COUNTY
Educational Fadlities
· De~vey Downtown Alternative High School Relocation Initial Study and
Mitigated Negative Declaration (Oakland Unified School District)
· Batarse Site EIR (Oakland Unified School District)
· Chabot College, Physical Science/Mathematics/Science Learning Center
Modernization- Buidings 1700 and 1800 (Chabot-Las Positas CommUnity
College District)
· Las Positas COllege, Physical Education Complex Gymnasium - Phase I
Initial Study/Negative Declaration (Chabot-Las Positas Community College
District)
· Las Positas College, Multi-Disciplinary Education Building and Child
Development Center Initial Study/Negative Declaration (Chabot-Las
Positas Community College District)
Institutional
· Oakland Zoo in K_nowland Park Master Plan Initial Study and Mitigated
Negative Declaration (East Bay Zoological Society)
Residential Development
· Private Residence Initial Study and Mitigated Negative Declaration
· The Ridge Development, Hayward 1900 EIR (City of Hayward)
Mixed Use Development
· Dublin Transit Center
PLACEMAKERS- Statement ofoQualification Pa, ge 7
CEQA
Documentation
continued
AMADOR COUNTY
Residential Development
· Buena Vista Meadows EIR (Jacob Strohm)
Industrial Development
· Buena Vista Landfill EIR (Amador County Dept. of Waste Management)
CONTRA COSTA COUNTY
Institutional
· Pinole Community Center Initial Study and Mitigated Negative Declaration
(City of Pinole)
· Emergency Response Facility Initial Study and Mitigated Negative
Declaration (City of Pinole)
Parks and Recreation
· Pinole Portion of the Bay Trail Initial Study and Mitigated Negative
Declaration (City of Pinole and East Bay Regional Park District)
· Soccer Field Initial Study and Mitigated Negative Declaration (City of
Pinole)
Residential Development
· Pittsburg Southeast Area Annexation Plan EIR (Grassetti Environmental
Consulting)
· Carriage Hills West EIR (City of Richmond)
Mixed Use Residential/Commercial/Retail
· City Center Specific Plan and EIR (City of Richmond)
Industrial Development
· ARCO Breakout Tank EIR (City of Richmond)
· Rhone-Poulenc Hazardous Waste Storage and Incineration Facility EIR
(City of Martinez)
Residential Development
· Richmond/Gold Run Area Plan EIR (Lassen County)
KE, RN COUNTY
Educational Fadlities
· New Elementary School at Filbum Street and Griffith Avenue Initial Study
and Mitigated Negative Declaration (Wasco Union School District).
PLACEMAKERS - Statement of ~ualification Page 8
CEQA
Documentation
continued
MENDOCINO COUNTY
Industrial Devdopment
· Harwood Biomass Power Plan EIR (City of Willits)
NAPA COUNTY
Parks and Recreation
· John F. Kennedy Memorial Park Master Plan EIR (City of Napa
Napa River Trail Initial Study and Mitigated Negative Declaration (City of
Napa)
· Alston Park Master Plan Initial Study and Mitigated Negative Declaration
(City of Napa)
· South Jefferson Park Master Plan Initial Study and Mitigated Negative
Declaration (City of Napa)
SAN FRANCISCO COUNTY
Residential, Commerdal and Retail Development
· San Francisco Downtown Plan and EIR (City and County of San
Francisco)
SAN JOAQUE',,I COUNTY
Educational Fadlities
· Delta College Center at Mountain House SEIR (San Joaquin-Delta
Community College District)
· Microscopy Center Initial Study and Mitigated Negative Declaration (San
Joaquin Community College District)
SAN MATEO COUNTY
Institutional Development
· Russian Convent EIR (San Mateo County)
· Russian Convent Supplemental EIR (San Mateo County)
Mixed Use Development
· Pacifica Village Center EII~ (City of Pacifica)
Commerdal and Retail Development
· Skylonda Center Tnifial Study (Town of Woodside)
PLACEM.4KERS - £ tatement of oQuahfication Page
CEQA
Documentation
continued
NEPA
Documentation
SANTA CLARA COUNTY
Institutional Development
Indoor Recreation Center Initial Study/Mitigated Negative Declaration (City of
Morgan Hill)
Infrastructure
· Santa Clara Valley Water District Interim Building Demolition Upper
Quadalupe River Flood Control Project Initial Study (Grassetti
Environmental Consulting)
Educational Fadlities
Learning Resources Center Initial Study and Mitigated Negative Declaration
(West Valley-Mission Community College District)
· Childcare, Portable Instructional Module and Information Systems Module
Tnitial Study and Mitigated Negative Declaration (West Valley-Mission
Community College District)
· Science and Technology Complex and Partial PE Phase II Project Initial
Study and Mitigated Negative Declaration (West Valley-Mission
Community College District)
SANTA CRUZ COUNTY
Residential Development
· Polo Ranch Hillside Residential Subdivision Specific Plan and EIR (City of
Scotts Valley)
SOLANO COUNTY
Mixed Use Residentiaff Commerdal/ Retail Development
· Western Gateway Area Plan and EIR (City of Benicia)
· Sky Valley Project EIR (City of Vallejo)
SONOMA COUNTY
Infrastructure
· Sebastopol Road Widening EIR (Sonoma County Redevelopment Agency)
YUBA COUNTY
Educational FaaTities
· Wheatland Middle School Initial Study and Mitigated Negative Declaration
(Wheadand School District).
ALAMEDA COUNTY
Commerdal Development
· Oakland Federal Building EIS (US General Services Administration)
PLACEMAKERS - Statement of ~Qua~fication Page !0
~ ~ - 3 ,~~~
NEPA
Documentation
continued SALT LAKE CITY
In.rtitutional
• Salt Lake City Airport Master Plan Environmental Assessment
NORTHERN UNITED STATES
Infra.rtructure
• ANR Phase I and II Pipeline Project Environmental Assessment, Northern
United States (EBASCO)
CEQA/NEPA
foint Documentation ALAMEDA COUNTY
In.rtitutional
• Port of Oakland Phase I Deep-Draft Navigation Improvement Plan Project
SEIR/EIS (Port of Oakland)
CONTRA COSTA COUNTY
Infra.rtructure and Indu.rtrial
• Wickland Marine Link Pipeline Project (LSA, Inc.) ~
INYO COUNTY
Indu.rtrial Development
• Owens Lake Mining and Soda Ash Production Faciliry EIR/EIS (MHA,
Inc.)
SONOMA COUNTY
Infra.rtructure .
• Reconstruction of Stony Point Road EIR/EA (Sonoma County)
LAKE TAHOE BASIN
Infra.rtructure
• Rehabilitation of Highway 89 EIR/EIS (Caltrans)
Permltting ALAMEDA COUNTY
In.rtitutional
• Oakland Zoo in Knowland Park Master Plan - Major Conditional Use
Permit and Tree Removal Permit (East Bay Zoological Society)
Infra.rtructure
• Oakland Intermodal Yard (Union Pacific Railroad)
PLACEMAKERS - Statement afQual'fcation Page 11
Pezminin~
Con,hued
CONTRA COSTA COUNTY
Infrastructure
· Richmond Parkway 404 Permit, Alternatives Analysis (LSA, Inc.)
SACRAMENTO COUNTY
Infrastructure
· Sacramento to Stockton Track Capacity Upgrade (Union Pacific Railroad)
SAN FRANCISCO COUNTY
Industrial Development
· San Frandsco Household Hazardous Waste Collection Facility Expansion -
Use Permit (San Frandsco Local Advisory Committee)
SAN JOAQUIN COUNTY
Infrastructure
· Sacramento to Stockton Track Capadty Upgrade - Road Encroachment
Permits (Union Pacific Railroad)
EASTERN OREGON
Industrial Development
· Umatilla Power Project Site Certificate (U.S. Generating Co.)
· Port of Umatilla Regional Water Project - Use Permits and Road
Encroachment Permits (Port of Umatilla)
· Hermiston power Project Electric Transmission Line - Use Permits
(Umat/lla Electric Cooperative Association and U.S. Generating Co.)
· Hermiston Power Project Site Certificate (U.S. Generating Co.)
SAN JOAQUIN COUNTY
Educational Fadlities
· Delta College Center at Mountain House - annexation to Byron-Bethany
Irrigation District, annexation to Mountain House Community Services
District, annexation to San Joaqnin LAFCO
PLACEMAKERS - Statement of ~,uahfication Page 12
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
PLACEMAKERS
THIS AGREEMENT for consulting services is made by and between the City of Dublin ("City") and
Placemakers ("Consultant") as of December 16, 2003.
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 end on the date of which services are no longer needed. Consultant shall complete
the work described in Exhibit A prior to the termination date, unless the term of the
Agreement is otherwise terminated or extended, as provided for in Section 8. The time
provided to Consultant to complete the services required by this Agreement shall not affect
· the City's right to terminate the Agreement, as provided for in Section 8.
1.2
Standard of Performance. Consultant shall perform all services required PUrsuant to this
Agreement in the manner and according to the standards observed by a competent
practitioner of the profession in which Consultant is engaged in the geographical area in
which Consultant practices its profession. Consultant shall prepare all work products
required by this Agreement in a substantial, first-class manner and shall conform to the
standards of quality normally observed by a person practicing in Consultant's profession.
1.3
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 1.1 above and to satisfy Consultant's obligations hereunder.
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $90 per
hour, 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.
Consulting Services Agreement between
City of Dublin and Placemakers
December 16, 2003
Page 1 of 13
ATTACHMENT
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
2.2
2.3
2,4
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 corflpletion;
· 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.
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.
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.
Total Payment. City shall pay for the services to be rendered by Consultant pursuant to
this Agreeme,nt. 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.
Consulting Services Agreement between
December 16,2003
City of Dublin and Placemakers Page 2 of 13
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 following fee schedule:
2.6
Reimbursable Expenses. Reimbursable expenses shall be included in the hourly rate
and not paid separately.
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 wri'tten 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 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 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
City of Dublin and Placemakers
December 16, 2003
Page 3 of 13
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 altemative,
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. 11188) 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.
Consulting Services Agreement between
City of Dublin and Placemakers
December 16, 2003
Page 4 of 13
4.3
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 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 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.
do
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.
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.
Professional Liability Insurance. Consultant, at its own cost and expense, shall
maintain for the pedod 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.
Consulting Services Agreement between
City of Dublin and Placemakers
December 16, 2003
Page 5 of 13
4,4
4.3.4 The following provisions shall apply if the professional liability coverages are
wdtten 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
provided for at least five years after completion of the Agreement or the
work, so long as commercially available at reasonable rates.
Co
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.
All Policies Requirements.
414.1 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 ~nsurance 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 nsurance 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.
Consulting Services Agreement between
City of Dublin and Placemakers
December 16, 2003
Page 6 of 13
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 altematives 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 theCity 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 employees,
subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or
Consulting Services Agreement between
City of Dublin and Placemakers
December 16, 2003
Page 7 of 13
violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the
duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance
certificates and endorsements required under this Agreement does not relieve Consultant from liability
under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall
apply to any damages or claims for damages whether or not such insurance policies shall have been
determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the
provisions of this Section and that it is a material element of consideration.
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services
under this Agreement is determined by a court of competent jurisdiction or the California Public Employees
Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions
for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the
payment of any penalties and interest on such contributions, which would otherwise be the responsibility of
City,
Section 6.
6,1
6.2
Section 7.
7.1
7.2
STATUS OF CONSULTANT.
Independent Contractor. At all times during the term of this Agreement, Consultant shall
be an independent contractor and shall not be an employee of City. City shall have the
right to control Consultant only insofar as the results of Consultant's services rendered
pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3;
however, otherwise City shall not have the right to control the means by which Consultant
accomplishes services rendered pursuant to this Agreement. Notwithstanding any other
City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant
and any of its employees, agents, and subcontractors providing services under this
Agreement shall not qualify for or become entitled to, and hereby agree to waive any and
all claims to, any compensation, benefit, or any incident of employment by City, including
but not limited to eligibility to enroll in the California Public Employees Retirement System
(PERS) as an employee of City and entitlement to any contribution to be paid by City for
employer contributions and/or employee contributions for PERS benefits.
Consultant No Agent. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Consultant shall have no authority, express or implied, pursuant to this Agreement
to bind City to any obligation whatsoever.
LEGAL REQUIREMENTS.
Governing Law. The laws of the State of California shall govern this Agreement.
Compliance with Applicable Laws. Consultant and any subcontractors shall comply with
all laws applicable to the performance of the work hereunder.
Consulting Services Agreement between
City of Dublin and Placemakers
DeCember 16, 2003
Page 8 of 13
7.3
7.4
7.5
Section 8.
8.1
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.
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.
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.
TERMINATION AND MODIFICATION.
Terminati°n. City may cancel this Agreement at any time and without cause upon written
notification to Consultant.
Consultant may cancel this Agreement uPon 30 days' written notice to City and shall
include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for services
performed to the effective date of termination; City, however, may condition payment of
such compensatiOn upon Consultant delivering to City any or all documents, photographs,
computer software, video and audio tapes, and other materials provided to Consultant or
prepared by or for Consultant or the City in connection with this Agreement.
Consulting Services Agreement between
City of Dublin and Placemakers
December 16, 2003
Page 9 of 13
8.2
8,3
8.4
8.5
8.6
Section 9.
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.
Amendments. The parties may amend this Agreement only by a writing signed by all the
parties.
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 wdtten
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.
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.
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, repods, 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 corn plete 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
corn pleted the work.
KEEPING AND STATUS OF RECORDS.
Consulting Services Agreement between
City of Dublin and Placemakers
December 16, 2003
Page 10 of 13
9.1
9.2
9.3
Section 10
10.1
10.2
10.3
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.
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. '
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.
MISCELLANEOUS PROVISIONS.
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:
Venue. In the event that either party brings any action against the other ~nder 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 Distdct of California.
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
Consulting Service§ Agreement between
City of Dublin and Placemakers
December 16, 2003
Page11 of 13
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.
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
maybe 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
10.10
Contract Administration. This Agreement shall be adminiStered by the Community
Development Director ("Contract Administrator"). All correspondence shall be directed to
or through the Contract Administrator or his or her designee.
Notices. Any written notice to Consultant shall be sent to:
Placemakers
Patricia K. Jeffery, AICP, Principal
1500 Park Avenue, loft 310
Consulting Services Agreement between
City of Dublin and Placemakers
December 16, 2003
Page 12 of 13
10.11
Emeryville, CA 94608
Any written notice to City shall be sent to:
Community Development Director
City of Dub lin
100 Civic Plaza
Dublin, CA 94568
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 stare p/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
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 wdtten or oral.
CITY OF DUBLIN
Eddie Peabody, Jr.
Community Development Director
Attest:
Kay Keck, City Clerk
Approved as to Form:
Elizabeth H. Silver, City Attorney
g:contracts/CONTRACT FOR PLACEMAKERS
Consulting Services Agreement between
December 16,'2003
City of Dublin and Place makers Page 13 of 13
EXHIBIT A
SCOPE OF SERVICES
Providing Planning, California Environmental Quality Act (CEQA) and/or other development processing
consulting services for the City of Dublin regarding:
:> Processing of all aspects of the development entitlements
>- Providing CEQA consulting services as may be required in conjunction with development
entitlements
All services are to be performed at the direction of the Community Development Director on an as needed
basis,
Extension of Term
The term of the agreement shall be for an indefinite period of time until terminated by either party
as outlined in Section 8 of the Agreement.
Adiustment of Rates
Rates shall be paid as outlined in Exhibit B (Payment Schedule)
Consulting Services Agreement between
City of Dublin and Placemakers--Exhibit A
December 16, 2003
Page 1 of 1
:EXHIBIT B
COMPENSATION SCHEDULE
City hereby agrees to pay Consultant a sum not to exceed $90.00 per hour. In the event of a conflict
between this Agreement and Scope of Services, attached as Exhibit A, regarding the amount of
compensation, the Agreement shall prevail.
Consultant shall not bill for any reimbursable items unless previous approval has been granted.
City shall make no payment for any extra, further or additional service 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 CITY authorized to obligate CITY thereto prior to the time such extra service is
rendered.
Consulting Services Agreement between
City of Dublin and Placemakers--Exhibit B
December 16, 2003
Page 1 of 1