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HomeMy WebLinkAbout4.5 Plng Consult Agreement Zoning Ord Update 00 -30 AGENDA STATEMENT CITY COUNCIL MEETING DATE: August 25, 1986 SUBJECT: Planning Consultant Agreement for Zoning Ordinance Update EXHIBITS ATTACHED: Draft Agreement for Consultant Services, including Scope of Work RECOMMENDATION: Authorize City Manager to enter into agreement with Duncan & Jones for Planning Consultant services. FINANCIAL STATEMENT: Consultant services not to exceed $15,000; sufficient funds have been budgeted for this activity. DESCRIPTION: As part of the 1986 City Council Goals and Objectives, Staff has developed a work outline to update the Zoning Ordinance. The intent is to prepare a clear, . concise Zoning Ordinance that conforms to the City's adopted General .Plan and is easy to read and use. Staff has worked with Douglas Duncan of Duncan & Jones, Planning Consultants, to prepare a draft agreement and scope of work. The Consultant would provide technical advice and assistance to Staff, Planning Commission, and City Council, assist in presentations, and help prepare graphic work. Under the draft Scope of Work, the Consultant would: a) Identify problems and issues and prepare a Direction Paper. b) Assist in preparing a Preliminary Draft Updated Zoning Ordinance. C) Assist in preparing a Final Draft Updated Zoning Ordinance. d) Participate in the public hearings and assist in preparing the adopted document. The Consultant's work is scheduled for completion by July 1987. ------------------------------------------------------------------------------ COPIES TO: Planning Department ITEM N0. •ei Douglas Duncan AGREEMENT FOR CONSULTANT SERVICES 1. CLIENT AND CONSULTANT AGREEMENT. The following terms and conditions - -constitute_an Agreement­-- dated--- ..�..... .. �.. 19.8.6 ..._ .._.. between the City of Dublin (hereafter referred to as CLIENT) and Duncan & Jones, (hereafter referred to as CONSULTANT) , for Planning services in conjunction with work to be performed under the direction of the Dublin Planning Department. 2 . SCOPE OF SERVICES/WORK. The CONSULTANT shall provide the CLIENT with the scope of service/work described in EXHIBIT "A" attached hereto and made a part hereof. 3 . INDEPENDENT CONTRACTOR. It is specifically understood and agreed that in the making and performance of this Agreement, CONSULTANT is an independent contractor and is not and shall not be construed to be an employee, agent, or servant of the CLIENT. 4 . INTEREST OF CONSULTANT. CONSULTANT convenants that he/she presently has no interest and shall not acquire an interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. CONSULTANT further covenants that to the best of its knowledge, no person having any such interest shall bey employed in the performance of this Agreement. 5. EXCLUSIVE SERVICES. CONSULTANT agrees to restrict its ' firm and its subcontractors from any employment, other than the CLIENT, in any way pertaining to --the subject of this employment or to the proposed project which this report will review, for a period of two years after the effective date of this agreement without first obtaining the prior written consent of the Director of Planning for such employment. CONSULTANT further agrees to insert this condition into all contracts or work agreements with his subcontractors. 6. PUBLICATION, REPRODUCTION AND USE OF MATERIAL. No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CLIENT shall have unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any reports, data, or other materials prepared under this Agreement. If the CLIENT discloses to any other party any reports, data or other material prepared by the CONSULTANT, the CLIENT must make reference to any final report prepared under this Agreement by the CONSULTANT. 7. FINDINGS CONFIDENTIAL. Any reports, information or data given to or prepared or assembled by the CONSULTANT under this Agreement shall not be made available to any individual or organization by the CONSULTANT without the prior written approval of the CLIENT. CONSULTANT is entitled to retain copies of all data working papers, interim documents, memoranda and reports produced under this Agreement for use in the normal conduct of it-9' business, except that no . . .. confidential information will be disclosed, provided, however, that all ffia I t f nothing contained h-rein shall prevent the disclosure of such information if compelled by legal process, and in the event thereof, only after notice to CLIENT. 8. CHANGES. The Agreement between .CLIENT and CONSULTANT and this supplement of terms and conditions is the only agreement between the parties- and -supersedes---a11----negotiations,---propasa'is•, -riot ces-'of "award• •a_' _•_ agreements, and understandings written or oral heretofore had between the parties relating to the work to be performed. If changes are requested by either party, including any changes in the scope of services, any increase or decrease in the amount of the CONSULTANT's compensation, they must be agreed to in writing and signed by both parties. 9 . PAYMENT. Payment for services shall be on a time and materials basis not to exceed $15, 000.00. At the end of each calendar month during the term of this Agreement CONSULTANT shall submit an invoice detailing the hours of work recorded and the expenses incurred in the performance of his agreement. CLIENT may specify that a progress re- port accompany each invoice. Payment for services by the CONSULTANT shall be at the following rates: 1. Planning Services per EXHIBIT "B" : Schedule of Standard Hourly Rates attached hereto and made a part hereof. 2 . Reimbursable expenses a. $ . 25/mile for tra-vel during working hours excluding travel to and from office; b. film, drafting materials, and the like, at cost with each invoice. The CLIENT shall retain ten percent (10%) of the payment. The CLIENT shall forward the retained payment within 20 days of completion of the CONSULTANT work and final acceptance by the CLIENT. The 10% retention may be released after completion of each of the three specified phases if found acceptable by the City. Except for the 10% retention specified above, within 20 days of receipt of each invoice, CLIENT shall forward payment to CONSULTANT for all items on the invoice that are not in dispute and CLIENT and CONSULTANT will proceed to negotiate, arbitrate or litigate the disputed items as specified elsewhere in this Agreement. 10. TERMINATION OF AGREEMENT FOR CAUSE. If CLIENT c o n s i d e r s CONSULTANT to be in default of any of the terms of this Agreement, CLIENT shall give CONSULTANT written notice of such default specifying the manner in which he considers CONSULTANT to be in default. If after 10 days the default is not cured, the CLIENT may terminate the Agreement. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographics and reports or other material prepared by the CONSULTANT through this Agreement shall, at the option of the CLIENT, become the property of the CLIENT and the CONSULTANT shall be entitled to receive an amount which bears the same ratio to the total compensation under this Agreement as the - services actually performed bear to -the total services of the CONSULTANT covered---by- __this._ Agreement -less payments --of -compensation previously made. 11. TERMINATION OF THE AGREEMENT FOR CONVENIENCE OF THE CLIENT OR CONSULTANT. The CLIENT .may terminate this Agreement by giving written notice to the CONSULTANT of such termination, specifying the effective date thereof, at least fifteen days before the effective date of such termination. Within 5' working days after such termination, CONSULTANT -..-. -shall-submit• a final---notice----to-C-LIENT; wh-ich--CLIENT shall- pay -in,---full, within 20 days of receipt of invoice, excepting any items that are in dispute. The CONSULTANT may terminate this Agreement in the similar fashion as described above for the CLIENT, at least fifteen days before the effective date of such termination. 12 . PREVENTION OF PERFORMANCE. CONSULTANT shall not be in default under this Agreement, if its performance is prevented or hindered by an act of God, fire, riot, labor disturbances (including, without limitations, lockouts) , accidents, wars , acts of any government (whether foreign or domestic, federal, state, county or municipal) , partial or total interruption of loss or shortage of transportation facilities, or by any other causes beyond the control of the parties. So long as the impossibility continues the time for performance under the contract is extended. 13 . ARBITRATION. Any controversy or claim arising out of or relating to this Agreement or the breach thereof shall be settled by arbitration procedures in accordance with the rules of the American Arbitration Association and judgement upon any awards rendered by the Arbitrators shall be entered in any court of competent jurisdiction. 14.. CALIFORNIA LAW. The interpretation and performance of this Agreement shall be governed by the law of the State of California. - 15: CAPTIONS:-- - The captions- inserted Herein are inserted only as a matter of convenience and for reference and in no way- define, limit or describe the scope of this contract nor the intent of any of the provisions thereof. 16. NOTICE. Wherever notice is required to be given under the terms of this Agreement, it shall be in writing and shall be effective the day it is mailed, properly addressed to the party to receive such notice. Notice delivered other than by mail shall be effective when received. When notice is to be given by CLIENT, unless otherwise provided, shall be mailed or delivered to: Richard Ambrose, City Manager City of Dublin 6500 Dublin Boulevard, Ste. D Dublin, CA 94568 Notice to CONSULTANT, unless otherwise provided shall be addressed to: Douglas H. Duncan, Principal Duncan & Jones 2161 Shattuck Avenue, Suite 210 Berkeley, CA 94704-1344 17. COMPENSATION FOR _2STIMONY AND PREPARATION THEREOF. If any legal action other than action that is the result of incompetence or malfeasance by the CONSULTANT, is brought against the CLIENT by any third party in connection with matters which are the subject of this Agreement, and it becomes necessary for CONSULTANT or any employee thereof or any subcontractor to testify, provide information or produce,-material_._in_.__any—s.uch__action,--,.or- if- the CLIENT•-requ7ests--such- � involvement, the CLIENT shall compensate the CONSULTANT and any such employee or subcontractor for time so spent at CONSULTANT or subcontractor's standard rates then in effect and for any expenses, including attorney's fees, reasonably incurred in connection with such testimony or production or the preparation thereof. Such compensation shall be in addition to the maximum charge for services defined in the Agreement. 18 . IN WITNESS WHEREOF: CLIENT and CONSULTANT have accepted the above terms and conditions and have incorporated them into this Agreement. These signatures attest the parties ' agreement hereto: CITY OF DUBLIN BY: Date: City of Dublin CONSULTANT: DUNCAN & JONES By: Da e: (Designate official capacity in the business) Note to CONSULTANT: (1) Execute acknowledgement form below, and (2) if a corporation, signatures must conform to designated representative groups pursuant to Corporations Code Sec. 313 . State of California ) ACKNOWLEDGEMENT (by Corporation, ) ss Partnership, or individual) County of San Francisco On this day of , in the year , before me , personally appeared I personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as proprietor or as president (or secretary) or on behalf of the corporation therein named and acknowledged to me that the corporation executed it. DATED: (NOTARIAL SEAL) Notary Public r EXHIBIT "A" : SCOPE OF WORK Updated Zoning Ordinance City.-of-_Dublin, California -- - - The work to be undertaken is as follows: PHASE 1: IDENTIFY PROBLEMS & ISSUES ($3,500) 1. 1 Evaluate Existinq Information. Review the existing Zoning Ordinance, the 1985 General Plan, new sections (on second units, recreational vehicles, signs) recently pre- pared and adopted, and other materials relating to the planning and regulatory process in Dublin. Evaluate the effectiveness of existing procedures in achieving important public objectives expressed in the written and unwritten policies of the City Council and Planning Commission. Con- duct an initial evaluation of ordinance revision needs by developing a series of questions concerning procedural questions, the format of the Zoning Ordinance, substantive issues within the Zoning Ordinance, General Plan consistency issues (e.g. , hillside developthent) , and potential problem areas with the administration and effectiveness of the Ordi- nance. 1. 2 Meet with- the- City Staff. - Meet with- the- City staff- to discuss the results of initial evaluations and their impli- cations for revising the City' s Zoning Ordinance and to re- ceive the City staff' s perception of the desired character of an updated Zoning Ordinance. Meet and discuss. the Di- rection Paper (Product A) with staff following completion of Task 1.4. Identify and discuss specific methods for im- proving the utility of the Zoning Ordinance in terms of the use of diagrams, cross-indexing and other aids to ease of application. 1. 3 Meet with individual City Council members. Meet with individual Council members to determine their concerns. These meetings should be held in a concentrated time period early in the first month of the Project. 1. 4 Prepare Product A• Direction Paper. Prepare a Direc- tion Paper which summarizes the specific concerns of the participants as to areas, details and problems that need to be resolved in the program, the proposed distribution of work by consultant and by staff and the format, character, style of the Updated Zoning Ordinance that should be pre- pared. Circulate th__is .report to Staff for response and di-- rection. - PHASE 2: PREPARE PRELIMINARY DRAFT UPDATED ZONING ORDINANCE ($5,500) 2 . 1 Eva luate-_Corr-ent._and-Anti cipated Cond-i-t-ion•s -: -Provide assistance to staff by evaluating specific zoning ordinance changes, particularly development standards, specific dis- trict definitions, city=wide regulations and administrative and procedural requirements. • Relate the General Plan poli- cies and State Law requirements to the Project. Research and evaluate problem areas identified by the City Council and Staff. Examine the relationship of EIR Guidelines, subdivision, nuisance and other, ordinances to the Updated Zoning Ordinance. 2 . 2 Prepare Preliminary Draft Updated Zoning Ordinance. Based on input received from the participants, together with the Consultants analysis, assist staff in preparing the Pre- liminary Draft Updated Zoning Ordinance (Product B) . The Updated Zoning Ordinance will be prepared in a loose-leaf format, permitting segments relating to specific subjects to be easily assembled for distribution. The Consultant will provide technical assistance and will prepare graphic mater- ials for inclusion in the text:-% 2 . 3_ Meet with the Planning Commission. Attend_ a meeting of the Planning Commission to discuss the form and content of __. Product .. B,-_ and. -to- -receive guidance on the Final- Draft-Up- dated Zoning Ordinance (Product C) . Assist the staff in presenting Product B, and explaining the purpose of the pro- posed revisions. PHASE 3: PREPARE FINAL DRAFT UPDATED ZONING ORDINANCE ($3,000) 3 . 1 Review Modifications with City Staff. During the pro- cess of developing a Final Draft Updated Zoning Ordinance, review the modifications proposed as to form and content with Staff. 3 . 2 Prepare Final Draft Updated Zoning Ordinance. Based upon the comments receeved following Phase 2, conduct addi- tional analyses and assist the staff in preparing a Final Draft Updated Zoning Ordinance in a form suitable for the public hearing process. PHASE 4: PUBLIC REVIEW AND ADOPTION ($3,000) - 4 . 1 Workshops Hearings. Following completion of environ- mental documentation by the City, pa_rticipat.e in- public hearings as ideritified -in Figure 1 and assist the City staff in the detailed review of the document by both the Planning Commission and City Council. Attend public hearings for receipt of public testimony on two occasions,* and continued meetings for deliberation by - the City Council and Planning Commission meeting independently of each other on two oc- casions, in order to present the content and rationale of the Updated Zoning Ordinance, and to respond to questions and comments. 4 . 2 Preparation of Adopted Document. Assist the staff in the preparation of the text of the Updated Zoning Ordinace in accordance with the City Council 's officially stated dic- tates, in the form finally adopted by the City, by providing technical advice, additional research efforts, and the pre- aration of graphic materials. * Ideally, the public hearings for rece'i t of g p public testimony would by joint, simultaneous meetings of both the City Council and Plan- ning Commission. i ' FIGURE 1 : PROGRAM SCHEDULE Updated Zoning Ordinance City of Dublin, California. } 1986 1987 Phases Sep Oct Nov Dec Jan Feb Mar Apr May Jun ♦ A 1. Identify Problems and Issues I I I I I I I I I I B • i 2. Preliminary Draft Updated Zoning IIIIIIIIIIIIIIIIIIIIIIII Ordinance C 3. Final Draft Updated Zoning IIIIIIIIIIIIIIII IIIIIII Ordinance i. ❑ ❑ ■ ■ D 4 Public Hearings, Adoption I I I I I I I I I I I I I I I Meetings Products * ♦ Individual City Council Members (5 Max.) A Direction Paper • Plann'ing Commission (1) B Preliminary Draft Updated Zoning Ordinance p Public [fearing-Public Testimony (2 Joint PC/CC C Final Draft Updated Zoning Ordinance Sessions) ** D Adopted Updated Zoning Ordinance ' V Public Hearings-PC/CC Deliberation (2) * Held on one day or two consecutive days, in conjunction with first meetings of Consultants with City Staff. ** The ,City may request Consultant's attendance at Planning Commission or City Council Public Hearings in excess of those indicated above. The cost of such authorized attendance would be invoiced to the City in accordance with Consultant' s standard fee schedule , attached hereto as Exhibit "B" . Meetings with City Staff are not sho%{n above, and would occur as needed throughout the program. EXHIBIT "B" : SCHEDULE OF STANDARD HOURLY RATES Updated Zoning Ordinance City of Dublin, California For consulting services, the amount invoiced by Duncan & Jones will be the sum of the following items: 1. PERSONNEL SERVICES Hourly Rate* Principal $ 55. 00 Senior ' Planner 32. 00-42 . 00 Associate Planner 25. 00-32. 00 Assistant Planner 18 . 00-25. 00 Drafter, Cartographer 15. 00-20. 00 Clerical, Stenographic 14. 00-20. 00 Court testimony will be invoiced at a rate subject to prior agreement. 2 . TRAVEL, TRANSPORTATION EXPENSES a) Reimbursement for actual travel, -lodgings, subsistence ex- penses paid to, or on behalf of, Duncan & Jones personnel. b) Automotive travel -- 25 cents per mile. 3 . OUTSIDE SERVICES The invoice cost of services and expenses charged to Duncan & Jones by outside consultants, professional, or technical firms engaged in connection with the work described in the agreement, plus 7 .5 percent overhead cost. 4. PRINTING AND REPRODUCTION EXPENSES The invoice cost of printing, reproduction and binding processes other than those undertaken by Duncan & Jones, which will be pro- rated at actual cost, plus 7.5 percent overhead cost. 5 . MISCELLANEOUS EXPENSES The invoice cost of materials, supplies and services, including communication expenses procured by Duncan & Jones from outside sources, including all out-of-pocket expenses in Sections 1, 2, 3, or 4 above, plus 7 . 5 percent overhead cost. * Hourly rate includes actual remuneration or salary contributions and benefits paid by the employer on behalf of the employees, overhead _ burden allocated on pro rata basis, and profit. Except for the Prin- e al-'�s- rate the -f i ures---shown do­not not make- - - p g provision for- any quired overtime, which will be invoiced at actual cost (1.5 times regular rate for any hours in excess of 8 hours per day) .