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HomeMy WebLinkAboutItem 4.6 - 3272 Consulting Services Agreement with RRM Desi (2) Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: June 16, 2020 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: Consulting Services Agreement with RRM Design Group for City-Wide Multi-Family Objective Design Standards and Prototype Plans for Accessory Dwelling Units Prepared by: Michael P. Cass, Principal Planner EXECUTIVE SUMMARY: The City Council will consider approving a consulting services agreement with RRM Design Group for preparation of City-wide multi-family objective design standards and prototype plans for accessory dwelling units. STAFF RECOMMENDATION: Adopt the Resolution Approving a Consulting Services Agreement Between the City of Dublin and RRM Design Group for Preparation of City-Wide Multi-Family Objective Design Standards and Prototype Plans for Accessory Dwelling Units. FINANCIAL IMPACT: The proposed contract amount is not to exceed $227,130 for services. Sufficient funds are included in the Fiscal Year 2020-21 Budget to cover these costs. Additionally, the City will be reimbursed for these funds as part of the approved Senate Bill 2 Planning Grant Program. DESCRIPTION: The Senate Bill (SB) 2 Planning Grant Program established a permanent source of funding to be utilized to increase affordable housing stock in California and directed the California Department of Housing and Community Development (HCD) to use 50 percent of the revenue in the first year to establish a program that provides financial and technical assistance to local governments to update planning documents and zoning ordinances to streamline housing production. On November 14, 2019, the City submitted an SB 2 Planning Grant application to: 1) develop objective design standards for multi-family developments to comply with Senate Bill 35, which requires local jurisdictions to provide a Streamlined Ministerial Approval Process for multi -family residential developments that meet specific eligibility requirements; 2) create prototype Page 2 of 2 plans for accessory dwelling units; and 3) prepare site analysis of vacant and underutilized sites in advance of the next Regional Housing Needs Allocation (RHNA) cycle. On January 16, 2020, HCD approved the City’s SB 2 grant application totaling $310,000, which will cover consultant costs. Subsequently, o n April 6, 2020, the City entered into an agreement with HCD to receive those funds. On August 22, 2019, the City issued a Request for Proposals (RFP) for preparation of: 1. Objective design standards for multi-family developments; 2. Prototype plans for accessory dwelling units; and 3. Associated environmental review documents. The City received two responses to the RFP (Attachment 1), from RRM Design Group and DAHLIN. Staff reviewed both proposals, conducted interviews, and is recommending RRM Design Group be selected. While both firms submitted competitive proposals, Staff recommends RRM Design Group since they are a multi-disciplinary firm capable of providing all needed services in-house, have familiarity with the Dublin community, possess a strong existing working relationship with the City, and have successfully implemented similar projects. In terms of pricing, both firms submitted proposals that comply with the SB 2 funding limitations, while preserving remaining funding for the preparation of site analysis of vacant and underutilized sites. If the City Council approves the Consulting Services Agreement with RRM Design Group (Attachments 2 and 3), Staff will begin working on this project at the beginning of Fiscal Year 2020-21. STRATEGIC PLAN INITIATIVE: Fiscal Year 2020-21: Strategy 3 - Create more affordable housing opportunities. Strategic Objective 3C - Facilitate the production of accessory dwelling units throughout the community. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Request for Proposal (without attachments) 2. Resolution Approving a Consulting Services Agreement between the City of Dublin and RRM Design Group 3. Exhibit A to the Resolution - Consulting Services Agreement between the City of Dublin and RRM Design Group REQUEST FOR PROPOSALS Date: August 22, 2019 Project Title: City-wide Multi-Family Objective Design Standards & Prototype Plans for Accessory Dwelling Units Description: In response to recent housing legislation, the City of Dublin is inviting proposals from qualified planning consultants (or consultant teams) to develop: (1) Objective Design Standards for multi-family residential projects, (2) prototype plans for accessory dwelling units, and (3) associated environmental review documents. Proposal Due: Friday, September 13, 2019 at 5:00 p.m. Interviews: Tuesday, September 24, 2019 (Tentative) Contract Awarded: Tuesday, October 15, 2019 (City Council consideration) Project Timeline: Adoption by City Council within 10-months after the City executes an agreement with the California Department of Housing & Community Development. Contact: Michael P. Cass, Principal Planner Community Development Department michael.cass@dublin.ca.gov (925) 833-6610 The City of Dublin reserves the right to reject any and all proposals. Table of Contents 1. Introduction 2. Background 3. Proposal A. Objective Design Standards for Multi-Family Developments B. Prototype Plans for Accessory Dwelling Units C. Environmental Review Documents 4. Organization of Proposal 5. Criteria for Proposal Acceptance 6. Limitations 7. Submittal Deadline 8. Attachments 1. Introduction The City of Dublin is located at the intersection of Interstates 580 and 680 in eastern Alameda County. The City was incorporated in 1982 and has a current population of over 64,000 people. Over the past twenty years, much of the growth focused on the undeveloped land in eastern Dublin. Today, the City is also experiencing redevelopment/revitalization of existing developed areas and transit-oriented development around the Dublin/Pleasanton Bay Area Rapid Transit (“BART”) station and in the City’s commercial core: Downtown Dublin. In response to recent housing legislation, the City of Dublin is inviting proposals from qualified planning and design consultants (or consultant teams) to develop: (1) Objective Design Standards for multi-family residential projects, (2) prototype plans for accessory dwelling units (“ADUs”), and (3) associated environmental review documents. 2. Background The 2017 Legislative Housing Package required local governments to prioritize housing and provide the necessary tools for the development of housing opportunities. As part of that package, Senate Bill (“SB”) 35, approved in September 2017, requires that local jurisdictions provide a Streamlined Ministerial Approval Process for multi-family residential developments that meet specific eligibility requirements. Eligible developments must include a specified level of affordability, be on an infill site, comply with existing residential and mixed-use general plan or zoning provisions, and comply with other requirements such as locational and demolition restrictions. In addition to the 2017 Legislative Housing Package, there are have been numerous bills in recent years which focus on promoting the development of Accessory Dwelling Units. The City would like to further that effort to encourage ADUs through additional local efforts. ADUs, or Second Units as provided in the Dublin Municipal Code, are currently allowed in the single-family residential zoning district (R-1) and certain Planned Development zoning districts within Dublin. It is the City’s intent to utilize the SB2 Planning Program Grants Program (“Program”) planning funds available to local jurisdictions throughout California for planning activities that demonstrate a nexus to increasing housing production. The City of Dublin is eligible for a maximum of $310,000 and will focus these funds on the following tasks: ▪ Preparation of City-wide and district-specific objective design standards for multi-family developments; ▪ Development of prototype plans for Accessory Dwelling Units; and ▪ Preparation of associated environmental review documents. Concurrently, City staff will process a zoning text amendment to streamline the process and incentivize increased construction of ADUs. A portion of the eligible grant may be used for this purpose. As provided for in the Program, the contract with the selected consultant is required to provide for compliance with all the requirements of the Program, including expenses and reimbursements, clear deliverables and records retention. 3. Proposal It will be the consultant’s responsibility to prepare the following documents: 1. Objective Design Standards for multi-family developments; 2. Prototype Plans for Accessory Dwelling Units (using the 2019 California Construction Codes); and 3. Environmental review documents. A. Objective Design Standards for Multi-Family Developments The City of Dublin regulates the design of buildings in various ways depending on the building’s location within Dublin. There are specific plans and planned development zoning regulations that provide design guidelines that speak to the look and feel of a building. The City requires a Site Development Review Permit for all new multi-family development and relies on a standard set of findings to support the decision. Those findings include subjective discretion and may be applied on a case -by-case basis. One key aspect to SB35 is the requirement that only objective standards may be applied to these projects. SB35 states: “Objective zoning standard”, “objective subdivision standard”, and “objective design review standard” means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. “Objective design review standards” means only objective design standards published and adopted by ordinance or resolution by a local jurisdiction before submission of a development application, which are broadly applicable to development within the jurisdiction. The City is seeking a set of object design standards that can be applied to multi-family residential projects city- wide (with select district-specific standards) to ensure that development is compatible with the surrounding development, high-quality of materials are used, and the building form relates to both the site and is of a pedestrian scale. B. Prototype Plans for Accessory Dwelling Units The prototype plans shall provide a range of prototypes to be pre-reviewed by the City’s Community Development Department. The goal of these plans is to save the property owner money and expedite the permit process, while still resulting in well-designed ADUs. The City’s single-family residential neighborhoods range from small detached homes on standard-size lots to larger homes on small-lot. In many neighborhoods, the size of the home and the size of the lot do not accommodate for a detached accessory dwelling unit and therefore the only option is to convert a portion of the existing home. While there are many ways to incorporate accessory dwelling units into an existing home, often the most desirable is conversion of the garage. The City currently permits garage conversions through a ministerial process. The City envisions these Prototype Plans to taking shape in a few ways which are described in future detail below: ▪ Architectural Prototypes ▪ Floor Plans for Garage Conversions ▪ Building Permit Plans Architectural Prototypes Prototype architectural plans for detached ADUs have the potential to save the property owner money, expedite the permit process, and result in well-designed ADUs. This project would provide a range of prototypes that are pre-reviewed by the City, potentially eliminating any design fees encumbered by the property owner. Prototype Plans would need to be designed in a variety of sizes consistent with the development standards and regulations as provided in Dublin Municipal Code Chapter 8.80 and include, but not limited to: studio (less than 499 sq. ft. so as to not trigger Dublin Unified School District impact fees), one- bedroom, and two-bedroom designs (with a maximum size of 1,200 sq. ft.). The Architectural Prototypes shall include floor plans and elevation drawings. The elevation drawings shall be in 2-3 architectural styles. Floor Plans for Garage Conversions While there are many ways to incorporate an ADU into an existing residence, some find it desirable to convert the garage into living space since it does not disrupt the living space of the existing residence. The floor plans for garage conversions would be for one car garage, a standard two-car garage, and a “swing-in” third car garage option. The floor plans shall be designed for a studio and one-bedroom options. Building Permit Plans This task takes the concept one step further and involves the creation of construction-level documents for the aforementioned architectural prototypes and garage conversions, which can be used for obtaining a building permit. The construction level documents shall be designed to comply with the latest available version of t he California Construction Codes, no earlier than an effective date of January 1, 2020. The construction level documents for the garage conversion shall take into account existing construction, such as whether or not the existing garage was built with shear walls. The consultant should include as part of their proposal how they recommend addressing the limited shelf life of the plans, due primarily to frequent California Construction Code amendments. The plans shall be designed so they may be easily updated by staff to address future code amendments. This task shall be included in the proposal as an optional task at the City’s discretion. C. Environmental Review Documents An Initial Study (“IS”) will be prepared in accordance with CEQA and the CEQA Guidelines and will utilize the Environmental Checklist Form (Appendix G of the CEQA Guidelines) and Dublin CEQA Guidelines. The scope of work assumes that upon completion of the Initial Study, a determination will be made that either a Negative Declaration (“ND”) or a Mitigated Negative Declaration (“MND”) will satisfy CEQA documentation requirements. The consultant shall prepare three drafts of the environmental documents: Administrative Draft, Screen-Check Draft, and a Public Review Draft. The Final IS/ND or IS/MND, if necessary, shall include responses to comments and a Mitigation Monitoring and Reporting Program (“MMRP”), as applicable. 4. Organization of Proposal Please prepare and organize your submittal based upon the requirements provided below. Any other information you would like to include should be placed in a separated section at the back of your submittal. Please note that the submittal is limited to 10 pages maximum (excluding resumes) and should be submitted on 8 ½” x 11” paper, in 12-point font. Please submit four copies and a PDF of your proposal. A. Introduction A general introduction and description of the proposed approach and methodology shall be prov ided. The format of the introduction and description of the approach is at the discretion of the consultant, but it should include a short discussion of the intended approach to the project which succinctly demonstrates the consultant’s understanding of the bill’s requirements and the consultant’s ability to successfully address them. B. Scope of Work Describe the work program to accomplish the approach described above. The work program shall provide a detailed description of the work to be accomplished. Thi s format should be repeated throughout the scope of work until all of the proposed work has been described in detail. C. Schedule Describe the time schedule for each proposed task and subtask described in the Scope of Work. The proposed project schedule should be provided in a timeline chart. The schedule should highlight anticipated public review periods, meeting dates, and key milestones. Staff review, limited public outreach, Planning Commission review, and City Council adoption shall be accounted for in the schedule. D. Personnel, Equipment and Facilities If desired, the respondent to this RFP may assemble a consultant team under one primary consultant with sub - consultant(s) in different areas of expertise. The proposal shall list all sub-consultants proposed for this project. Identify key personnel, their qualifications, and specific responsibilities. Describe the activities of the designated Project Manager, and lead and supporting personnel. Provide resumes for those named, including their qualifications (education and experience), and their relationsh ip and cost to the proposed project activities. If there is a team of consultants, the lead consultant should be clearly designated and the Project Manager within that lead firm clearly identified. All sub -consultants shall be billed through the lead consultant. The City will require that no personnel changes be made during the project without prior City approval. E. Qualifications and References Provide a description of your project team’s qualifications and a list of similar, completed projects , as well as similar projects underway. Provide at least three (3) references (names and current phone numbers) from previous similar work (last five years). Include a brief description of the role associated with the reference, and the role of the respective team member. F. Cost Schedule All consultants who respond to this RFP should propose a “Not to Exceed” maximum dollar amount that will be the maximum cost to complete the project scope, including expenses and sub -consultant work. The cost schedule should list the cost associated with each task and list the sub-consultant that is assigned to the project. G. Conflict of Interest Please provide confirmation acknowledging the following conflict of interest provisions: The consultant agrees that, for the term of this contract, no member, officer or employee of the City of Dublin, or of a public body within Alameda County or member or delegate to the Congress of the United States, during his/her tenure or for one year thereafter, shall have any direct interest in the contracts or any direct or material benefit arising therefrom. The consultant must provide a list of any potential conflicts of interest in working for the City of Dublin. This must include, but is not limited to, a list of your firm’s clients who are the following: Private clients located or operating within the City of Dublin limits, Dublin San Ramon Service District, US Army Camp Parks and/or the County of Alameda, and a brief description of work for these clients. The consultant must also identify any other clients (including public entities) that may pose a potential conflict of interest, as well as a brief description of work you provide to these clients. This list must include all potential conflicts of interest within the year prior to the release of this RFP as well as current and future commitments to other projects. Principals and those performing work for City of Dublin may be required to submit a California Fair Political Practices Commission (FPPC) Form 700: Statement of Economic Interests documenting potential financial conflicts of interest. For additional information, proposers should refer to the FPPC website at www.fppc.ca.gov/index.php?id=500. H. Statement of Offer and Signature The proposal shall be signed by an individual authorized to bind the consultant, shall contain a statement to the effect that the proposal is a firm offer for a 6-month period, and shall contain a statement that the proposed work will be performed at the “not-to-exceed” price. The City will enter into an agreement with the selected consultant after the City executes an agreement with the California Department of Housing & Community Development. I. Comments on City Standard Consulting Services Agreement Attachment 3 to this Request for Proposals is a copy of the City’s Standard Consulting Services Agreement (“Agreement”), which will need to be executed prior to the commencement of consultant work on the project. This may need to be amended to address the requirements of SB2 Planning Program Grant. The proposal should include a statement that the Agreement has been reviewed and is acceptable to the consultant and that the consultant will also adhere to the requirements of the SB2 Planning Program Grant, should the firm be recommended for award of contract. Alternatively, the consultant shall submit a statement that the Agreement would need to need to be modified and noting those specific modifications. 5. Criteria for Proposal Acceptance The City of Dublin desires to retain the services of a firm that has significant design experience. Primary consideration will be given to the general appropriateness of the proposal for the project, the technical competence and ability of the consultants (as described in the proposal), the experience of the consultant in projects of a similar nature, references, and the firm’s willingness to work closely with City Staff. The City reserves the right to reject all proposals that are inappropriate , inadequate, or incomplete. The City reserves the right to invite the top candidate(s) for an oral interview, or to request additional clarifying information. The highest rated firm may be invited to negotiate a final agreement. If an agreement is not reached, negotiations may be terminated and commenced with the next most qualified firm. The recommendation of the Planning Division will be submitted by the City Council for award of contract. 6. Limitations ▪ All reports and pertinent data or materials shall be the sole property of the Ci ty of Dublin and may not be used or reproduced in any form without the explicit written permission of the City. The consultant and any subconsultant(s) forego their right to copyright any materials development as part of this contract, including but not limited to the objective design guidelines, prototype plans, and environmental review documents. ▪ The City reserves the right to extend the time allotted for the proposal, to examine verbally the bidder in person, request copies of previous work prepared by the consultant and to request a best and final offer, should the City deem that it is in its best interests to do so. ▪ This RFP does not commit the City to award a contract, or to pay any costs incurred in the preparation of the proposal. The City reserves the right to accept or reject any or all proposals received as a result of this request, to negotiate with any qualified consultant, or to cancel this request in part or in its entirety. The City may require the selected consultant to participate in negot iations and to submit such technical, price, or other revisions of their proposals as may result from negotiations. 7. Submittal Deadline Please submit your proposal by no later than 5:00 p.m. on Friday, September 13, 2019. Any questions about this RFP should be directed to Michael P. Cass, Principal Planner via email (michael.cass@dublin.ca.gov) or phone (925-833-6610). Please note: In accordance with California Public Code section 20103.6, potential responders are notified that the contract that will be awarded to the successful responder will include the following provision: Consultant shall indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss 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. Notwithstanding the foregoing, to the extent that this Agreement is a “construction contract” as defined in California Civil Code section 2783, as amended from time to time, such duty to indemnify shall not apply when to do so would be prohibited by California Code section 2782. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public 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. 8. Attachments A. City’s Standard Consulting Services Agreement The City of Dublin reserves the right to reject any and all proposals. RESOLUTION NO. xx-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * APPROVING A CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND RRM DESIGN GROUP FOR PREPARATION OF CITY-WIDE MULTI-FAMILY OBJECTIVE DESIGN STANDARDS AND PROTOTYPE PLANS FOR ACCESSORY DWELLING UNITS WHEREAS, the City Council of the City of Dublin submitted an application for the Senate Bill 2 Planning Grant Program and obtained approval from the California Department of Housing and Community Development; and WHEREAS, a Request for Proposals (RFP) was issued for the following projects: 1. Creation of objective design standards for multi-family developments; 2. Preparation of prototype plans for accessory dwelling units; and 3. Associated environmental review documents; and WHEREAS, the City received two responses to the RFP; and WHEREAS, Staff reviewed both proposals and is recommending the services of RRM Design Group. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve a Consulting Services Agreement with RRM Design Group for preparation of City- wide multi-family objective design standards and prototype plans for accessory dwelling units, attached hereto as Exhibit A to this Resolution , and authorize the City Manager to execute the Agreement and make any necessary revisions to the Agreement to carry out the intent of this Resolution. PASSED, APPROVED, AND ADOPTED this 16th day of June, 2020 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: ______________________________ City Clerk Consulting Services Agreement between City of Dublin and Last revised June 16, 2020 RRM Design Group for Multi-Family Design Standards & ADU Prototype Plans Page 1 of 14 CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND RRM DESIGN GROUP FOR CITY-WIDE MULTI-FAMILY OBJECTIVE DESIGN STANDARDS & PROTOTYPE PLANS FOR ACCESSORY DWELLING UNITS THIS AGREEMENT for consulting services is made by and between the City of Dublin (“City”) and RRM Design Group (“Consultant”) (together sometimes referred to as the “Parties”) as of ____________, 20__ (the “Effective Date”). 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 Effective Date and shall end on February 28, 2022, the date of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services req uired by this Agreement shall not affect the City’s right to terminate the Agreement, as referenced in Section 8. Notwithstanding the foregoing this Agreement may be extended on a month to month basis for up to 6 months upon the written consent of the Consultant and the City Manager, provided that: a) sufficient funds have been appropriated for such purchase, b) the price charged by the Consultant for the provision of the serves described in Exhibit A does not increase. None of the foregoing shall 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. 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 Subsection 1.2 above and to satisfy Consultant’s obligations hereunder. Consulting Services Agreement between City of Dublin and Last revised June 16, 2020 RRM Design Group for Multi-Family Design Standards & ADU Prototype Plans Page 2 of 14 Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $227,130.00, 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 in writing, 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 emplo yees, 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. No individual performing work under this Agreement shall bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager or his/her designee. 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; ▪ A copy of the applicable time entries or time sheets shall be submitted showing the following: o Daily logs of total hours worked by each individual performing work under this Agreement o Hours must be logged in increments of tenths of an hour or quarter hour o If this Agreement covers multiple projects, all hours must also be logged by project assignment o 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; ▪ The Consultant’s signature; Consulting Services Agreement between City of Dublin and Last revised June 16, 2020 RRM Design Group for Multi-Family Design Standards & ADU Prototype Plans Page 3 of 14 ▪ Consultant shall give separate notice to the City when the total number of hours worked by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours within a 12 -month period under this Agreement and any other agreement between Consultant and City. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and the estimate of time necessary to complete work under any other agreement between Consultant and City, if applicable. 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 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 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 attached hereto as Exhibit B. 2.6 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit B, and shall not exceed $5,000.00. Expenses not listed in Exhibit B are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded. 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 termination. Consultant shall maintain adequate logs and timesheets to verify costs incurred to that date. Consulting Services Agreement between City of Dublin and Last revised June 16, 2020 RRM Design Group for Multi-Family Design Standards & ADU Prototype Plans Page 4 of 14 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 equip ment 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 m ay 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 fully executing this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below 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. Consistent with the following provisions, 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, and that such insurance is in effect prior to beginning work. 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 or proposal. 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 to City that such insurance is in effect. VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS AGREEMENT PRIOR TO EXECUTION. Consultant shall maintain all required insurance listed herein for the duration of this Agreement. 4.1 Workers’ Compensation. 4.1.1 General Requirements. 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 $1,000,000 per accident. In the alternative, Consultant may rely on a self-insurance program to meet these 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 California Labor Code shall be solely in the discretion of the Contract Administrator. Consulting Services Agreement between City of Dublin and Last revised June 16, 2020 RRM Design Group for Multi-Family Design Standards & ADU Prototype Plans Page 5 of 14 The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the Consultant, its employees, agents, and subcontractors. 4.1.2 Submittal Requirements. To comply with Subsection 4.1, Consultant shall submit the following: a. Certificate of Liability Insurance in the amounts specified in the section; and b. Waiver of Subrogation Endorsement as required by the section. 4.2 Commercial General and Automobile Liability Insurance. 4.2.1 General Requirements. Consultant, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount not less than $1,000,000 and automobile liability insurance for the term of this Agreement in an amount not less than $1,000,000 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 dea th 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 (most recent edition) covering comprehensive General Liability on an “occurrence” basis. 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 a certified endorsement to the policy: a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. b. City, its officers, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of work or operations performed by or on behalf of the Consultant; or automobiles owned, leased, hired, or borrowed by the Consultant. Consulting Services Agreement between City of Dublin and Last revised June 16, 2020 RRM Design Group for Multi-Family Design Standards & ADU Prototype Plans Page 6 of 14 c. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. Consultant agrees to obtain any endorsements that may be necessary to effect this waiver of subrogation. d. For any claims related to this Agreement or the work hereunder, the Consultant’s General Liability and Automobile Liability insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it. 4.2.4 Submittal Requirements. To comply with Subsection 4.2, Consultant shall submit the following: a. Certificate of Liability Insurance in the amounts specified in the section; b. Additional Insured Endorsement as required by the section; c. Waiver of Subrogation Endorsement as required by the section; and d. Primary Insurance Endorsement as required by the section. 4.3 Professional Liability Insurance. 4.3.1 General Requirements. 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 $2,000,000 covering the licensed professionals’ errors and omissions. Any deductible or self-insured retention shall not exceed $150,000 per claim. 4.3.2 Claims-Made Limitations. The following provisions shall apply if the professional liability coverage is 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 5 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 shall purchase an extended period coverage for a minimum of 5 years after completion of work under this Agreement. Consulting Services Agreement between City of Dublin and Last revised June 16, 2020 RRM Design Group for Multi-Family Design Standards & ADU Prototype Plans Page 7 of 14 d. A copy of the claim reporting requirements must be submitted to the City for review prior to the commencement of any work under this Agreemen t. 4.3.3 Additional Requirements. A certified endorsement to include contractual liability shall be included in the policy. 4.3.4 Submittal Requirements. To comply with Subsection 4.3, Consultant shall submit the Certificate of Liability Insurance in the amounts specified in the section. 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 complete copies of all Certificates of Liability Insurance delivered to Consultant by the insurer, including complete copies of all endorsements attached to the policies. All copies of Certificates of Liability Insurance and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Consultant beginning work, it shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time. 4.4.3 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the written 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. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. 4.4.4 Wasting Policies. No policy required by this Section 4 shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense). 4.4.5 Endorsement Requirements. Each insurance policy required by Section 4 shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days’ prior written notice has been provided to the City. A ten (10) days' prior written notice to City shall apply in the event of cancellation for non-payment of premium. 4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each Consulting Services Agreement between City of Dublin and Last revised June 16, 2020 RRM Design Group for Multi-Family Design Standards & ADU Prototype Plans Page 8 of 14 subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 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. Refer to the attached Exhibit C, which is incorporated herein and made a part of this Agreement . 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. This Agreement shall not be construed as an agreement for employment. 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 Subsection 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Consultant further acknowledges that Consultant performs Services outside the usual course of the City’s business; and is customarily engaged in an independently established trade, occupation, or business of the same nature as the Consultant performs for the City and has the option to perform such work for other entities. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agen ts, 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 Not an 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. Consulting Services Agreement between City of Dublin and Last revised June 16, 2020 RRM Design Group for Multi-Family Design Standards & ADU Prototype Plans Page 9 of 14 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 and regulations applicable to the performance of the work hereunder, including but not limited to, the California Building Code, the Americans with Disabilities Act, and any copyright, patent or trademark law. Consultant’s failure to comply with any law(s) or regulation(s) applicable to the performance of the work hereunder shall constitute a breach of contract. 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 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, sex, gender, religion (including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition (including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/veteran status, or any other classification protected by applicable local, state, or federal laws (each a “Protected Characteristic”), against any emp loyee, 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 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. Consulting Services Agreement between City of Dublin and Last revised June 16, 2020 RRM Design Group for Multi-Family Design Standards & ADU Prototype Plans Page 10 of 14 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. 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. 8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties. 8.4 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 include, but are not 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 Consulting Services Agreement between City of Dublin and Last revised June 16, 2020 RRM Design Group for Multi-Family Design Standards & ADU Prototype Plans Page 11 of 14 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 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 Subsection 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 $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 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 prevail ing 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. Consulting Services Agreement between City of Dublin and Last revised June 16, 2020 RRM Design Group for Multi-Family Design Standards & ADU Prototype Plans Page 12 of 14 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. 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 Section 1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous 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 12 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 California Government Code Section 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 California Government Code Section 1090 et seq., and, if applicable, will be disqualified from holding public office in the State of California. At City’s sole discretion, Consultant may be required to file with the City a Form 700 to identify and document Consultant’s economic interests, as defined and regulated by the California Fair Political Practices Commission. If Consultant is required to file a Form 700, Consultant is hereby advised to contact the Dublin City Clerk for the Form 700 and directions on how to prepare it. Consulting Services Agreement between City of Dublin and Last revised June 16, 2020 RRM Design Group for Multi-Family Design Standards & ADU Prototype Plans Page 13 of 14 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 City Manager ("Contract Administrator"). All correspondence shall be directed to or through the Contra ct Administrator or his or her designee. 10.10 Notices. Any written notice to Consultant shall be sent to: RRM Design Group Attn: Jami A. Williams 321 Davis Street San Leandro, CA 94577 Any written notice to City shall be sent to: City of Dublin Attn: Michael P. Cass, Principal Planner 100 Civic Plaza Dublin, CA 94568 10.11 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A, B, and C represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. Exhibit A Scope of Services Exhibit B Compensation Schedule & Reimbursable Expenses Exhibit C Indemnification 10.12 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. 10.13 Certification per Iran Contracting Act of 2010. In the event that this contract is for one million dollars ($1,000,000.00) or more, by Consultant’s signature below Consultant certifies that Consultant, and any parent entities, subsidiaries, successors or subunits of Consultant are not identified on a list created pursuant to subdivision (b) of Sect ion 2203 of the California Public Contract Code as a person engaging in investment activities in Iran as described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b) of Section 2202.5 of the California Public Contract Code, as applicable. SIGNATURES ON FOLLOWING PAGE Consulting Services Agreement between City of Dublin and Last revised June 16, 2020 RRM Design Group for Multi-Family Design Standards & ADU Prototype Plans Page 14 of 14 The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear below certify that they are authorized to sign on behalf of the respective Party. CITY OF DUBLIN RRM DESIGN GROUP Linda Smith, City Manager Scott Martin, Principal-in-Charge Attest: Consultant’s DIR Registration Number (if applicable) Marsha Moore, City Clerk Approved as to Form: City Attorney 3518537.1 Consulting Services Agreement between City of Dublin and Last revised June 16, 2020 RRM Design Group for Multi-Family Design Standards & ADU Prototype Plans Exhibit A – Page 1 of 3 EXHIBIT A SCOPE OF SERVICES RRM Design Group will provide the following services to the City of Dublin: TASK 1: ESTABLISH A STRONG FOUNDATION In this initial phase of the project, the team will engage in a due diligence process designed to inform the team and staff on the primary issues to be addressed and gather and review relevant data and background information. Task 1.1: Kickoff Meeting and Field Trip One of the best methods to gain a thorough understanding of the planning area is to conduct a field trip with City staff. Following the review of existing data, the project team will meet with City staff to establish a mutual understanding of the key issues, further define the scope of work, project schedule, expectations, layout significant project milestones, meeting times, and deliverable targets. Task 1.2: Data Gathering/Document Research As a first step in the process, the consultant team will collect and review data that is relevant to the development of the Multi-Family Design Standards including the existing General Plan, Development Code, Specific Plans, previous development applications, mapping information, and other planning efforts that have a bearing in the City. Task 1.3: Engagement This task will involve a series of key stakeholder meetings (held over one day). In addition, RRM will conduct up to two focus group meetings with the development community and/or study session(s) with decision-makers. TASK 2: OBJECTIVE DESIGN STANDARDS FOR MULTI-FAMILY DEVELOPMENTS In this phase, RRM will build from work performed in Task 1 to prepare the Objective Multi -Family Design standards. Task 2.1: Administrative Draft Design Standards RRM will prepare a comprehensive administrative draft of the Objective Multi-family Design Standards. Emphasis will be on quality design and materials, as defined and endorsed by the community and decision - makers. During standards development, RRM will include clearly defined objective standards, enhancing the community identity, unique characteristics of distinct neighborhoods, a variety of urban fabric found within Dublin, and streamlined design review process. The de sign standards will provide direction on topics such as site planning, building massing, and elements, building frontages, architectural design, entrances, exterior materials, landscaping, utilitarian/mechanical elements of building design, etc. The standa rds will be clearly written and tailored with the ultimate users in mind. Design professionals, City Staff, and decision-makers will all use this document in the creation and review of project submittals. As part of the Objective Multi-Family Design Standards effort, policies that may be best included and regulated by the Development Code will be identified. Task 2.2: Objective Multi-Family Design Standards Drafts Consulting Services Agreement between City of Dublin and Last revised June 16, 2020 RRM Design Group for Multi-Family Design Standards & ADU Prototype Plans Exhibit A – Page 2 of 3 Following the completion of the Administrative Draft Objective Multi-Family Design Standards and receipt of the single set of consolidated City comments, RRM will produce a Screencheck Draft document. At this point, all the City’s comments will have been integrated, and this draft will provide an additional internal review opportunity before the development of the Public Review Draft. This task includes a Public Review Draft. TASK 3: PROTOTYPE PLANS FOR ACCESSORY DWELLING UNITS RRM will provide a conceptual design for up to eight Accessory Dwelling Unit (ADU) projects to be reviewed and approved by the City’s Community Development Department. These Designs will include a series of “prototypes” for various scenarios, such as a detached stand-alone unit under 499 square foot studio, a detached larger one- and two bedroom unit up to a maximum of 1,200 square feet, garage conversion options for one-, two-, and three- car garages. Other designs may include a new structure attached to an existing house or a new structure built above an existing garage. Subtask 3.1: Conceptual Design RRM will design up to eight (8) conceptual site plans/floor plans, sections and elevations for ADU conversions and new construction. We will review the designs with City staff for approval. Designs will include multiple elevation styles that are appropriate for Dublin. Subtask 3.2: ADU Design Manual Once the designs are established and approved by staff, RRM will develop the ADU Design Manual, as a way for the public to become informed on the process and options for their implementation. The Manual will show how “typical lots” could add an ADU, and which prototypes may work best for certain site conditions. The Manual will include the plans and elevations from Conceptual Design. Subtask 3.3: ADU Design Construction Documents Once the designs are established and approved by Staff, RRM will develop the design into Construction Documents and coordinate the documents with consultants as needed. Title 24, mechanical, and electrical engineering consultant services will be contracted through RRM. RRM will coordinate the drawings into the permit set. Structural engineering will be required. RRM will anticipate only one (1) round of Plan Check revisions and resubmittal. The construction drawings will be designed so they may be updated on a biannual basis by Building and Safety Division Staff. TASK 4: CEQA COMPLIANCE RRM’s planning team will prepare an Initial Study (IS) by completing the CEQA checklist to determine whether there are any potentially significant impacts that need to be mitigated. Depending on the outcome of the IS process, a determination will be made as to the appropriate type of environmental document that needs to be filed – either a Negative Declaration (ND) or Mitigated Negative Declaration (MND). If it is determined that an MND is necessary, then a Mitigation Monitoring and Reporting Program will also be prepared. TASK 5: ADOPTION AND MANAGEMENT In the concluding phase of the project, RRM will coordinate with City staff to prepare for and attend required public hearings to adopt the proposed Multi- Family Design Standards. In addition, this phase identifies tasks involving coordination throughout the preparation of the document and process of the project. Consulting Services Agreement between City of Dublin and Last revised June 16, 2020 RRM Design Group for Multi-Family Design Standards & ADU Prototype Plans Exhibit A – Page 3 of 3 Task 5.1: Public Hearings and Final Draft RRM will prepare for and attend up to two (2) public hearings with the Planning Commission and City Council to present the Public Hearing Draft document. This assumes the City will be responsible for public notification. RRM will provide an updated and final draft based on final approval. Task 5.2: Project Management/Coordination This task is intended to allow for necessary coordination between RRM and City staff throughout the process. This will include information teleconferences, correspondence, status updates, record keeping, project coordination, electronic file management, and all other coordination during the project. This task assumes eight (8) hours per month for up to ten (10) months. Consulting Services Agreement between City of Dublin and Last revised June 16, 2020 RRM Design Group for Multi-Family Design Standards & ADU Prototype Plans Exhibit B – Page 1 of 1 EXHIBIT B COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES # Task Fee 1 Establish a strong Foundation 1.1 Kick-off Meeting and Field Trip $6,700 1.2 Data Gathering / Document Research $3,570 1.3 Engagement $17,340 2 Objective Deign Standards for Multi-Family Developments 2.1 Administrative Draft Design Standards $27,640 2.2 Objective Multi-Family Design Standards Draft $6,820 3 Prototype Plans for Accessory Dwelling Units 3.1 Conceptual Designs (up to eight (8) plans) $23,900 3.2 ADU Design Manual $19,540 3.3 ADU Design Construction Documents $73,720 4 CEQA Compliance 4.1 CEQA Compliance $7,400 5 Adoption & Management 5.1 Public Hearings and Final Draft $11,100 5.2 Project Management / Coordination $24,400 Subtotal $222,130 Reimbursable Expenses $5,000 Estimated Project Total $227,130 Consulting Services Agreement between City of Dublin and Last revised June 16, 2020 RRM Design Group for Multi-Family Design Standards & ADU Prototype Plans Exhibit C – Page 1 of 1 EXHIBIT C INDEMNIFICATION A. Consultant shall, to the extent permitted by law, including without limitation California Civil Code 2782 and 2782.8, indemnify, hold harmless and assume the defense of, in any actions at law or in equity, the City, its employees, agents, volunteers, and elective and appointive boards, from all claims, losses, and damages, including property damage, personal injury, death, and liability of every kind, nature and description, arising out of, pertaining to or related to the negligence, recklessness or willful misconduct of Consultant or any person directly or indirectly employed by, or acting as agent for, Consultant, durin g and after completion of Consultant’s work under this Agreement. B. With respect to those claims arising from a professional error or omission, Consultant shall defend, indemnify and hold harmless the City (including its elected officials, officers, employee s, and volunteers) from all claims, losses, and damages arising from the professionally negligent acts, errors or omissions of Consultant, however, the cost to defend charged to Consultant shall not exceed Consultant’s proportionate percentage fault. C. Consultant's obligation under this section does not extend to that portion of a claim caused in whole or in part by the sole negligence or willful misconduct of the City. D. Consultant shall also indemnify, defend and hold harmless the City from all suits or claims for infringement of any patent rights, copyrights, trade secrets, trade names, trademarks, service marks, or any other proprietary rights of any person or persons because of the City or any of its officers, employees, volunteers, or agents use of articles, products things, or services supplied in the performance of Consultant’s services under this Agreement, however, the cost to defend charged to Consultant shall not exceed Consultant’s proportionate percentage fault .