HomeMy WebLinkAboutReso 74-20 Approving a Consulting Services Agreement Between the City of Dublin and Kimley-HornReso No. 74-20, Item 4.2, Adopted 07/21/20 Page 1 of 2
RESOLUTION NO. 74 - 20
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * *
APPROVING A CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN
AND KIMLEY-HORN FOR PREPARATION OF THE 2023-2031 UPDATE TO THE HOUSING
ELEMENT OF THE GENERAL PLAN
WHEREAS, State law requires that local governments maintain a valid Housing Element
certified by the California Department of Housing and Community Development (HCD); and
WHEREAS, State law mandates that local governments update their General Plan
Housing Element every eight years to demonstrate how the City adequately plans to meet the
existing and projected housing needs of all economic segments of the community; and
WHEREAS, the existing Housing Element was certified by the State of California
Department of Housing and Community Development (HCD) in 2014 for the 2014-2022 planning
period; and
WHEREAS, the City must update the Housing Element for the 2023-2031 planning period
and submit the Housing Element Update to HCD for certification by January 2023; and
WHEREAS, Staff anticipates that the City’s Housing Element Update will trigger recent
State law requirements to make additional amendments to the General Plan, including a
requirement to add policies regarding environmental justice and amendments to the Safety
Element; and
WHEREAS, on April 17, 2020, the City issued a Request for Proposals (RFP) for
preparation of the 2023-2031 Housing Element Update, including analysis of vacant and
underutilized sites, General Plan Amendments, as required, and associated environmental review
documents; and
WHEREAS, the City received three proposals in response to the RFP; and
WHEREAS, Staff reviewed the proposals and is recommending the services of Kimley-
Horn, based upon their capability as a multi-disciplinary firm with all needed services in-house,
familiarity with the Dublin community, strong existing working relationship with the City, and
demonstrated success to prepare Housing Element updates that comply with State law in a timely
and cost effective manner.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve a Consulting Services Agreement with Kimley-Horn for preparation of the 2023-
2031 Housing Element Update, attached hereto as Exhibit A to this Resolution, and authorize
the City Manager to execute the Agreement for $403,000 and make any necessary revisions to
the Agreement to carry out the intent of this Resolution.
PASSED, APPROVED, AND ADOPTED this 21st day of July 2020 by the following vote:
Reso No. 74-20, Item 4.2, Adopted 07/21/20 Page 2 of 2
AYES: Councilmembers Goel, Hernandez, Josey, Kumagai and Mayor Haubert
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
______________________________
City Clerk
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
KIMLEY-HORN
FOR
2023-2031 HOUSING ELEMENT UPDATE
THIS AGREEMENT for consulting services is made by and between the City of Dublin ("City") and
Kimley-Horn and Associates, Inc. ("Consultant") (together sometimes referred to as the "Parties") as of July
21, 2020 (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 January 31, 2023, 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 required 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.
1.5 [Intentionally Deleted]
1.6 [Intentionally Deleted]
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Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed
$403,000.00, 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 employees, agents, and subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the
term of this Agreement, based on the cost for services performed and reimbursable costs
incurred prior to the invoice date. 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;
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■ 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 $403,000. 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.
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2.9 Authorization to Perform Services. The Consultant is not authorized to perform any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole
cost and expense, provide all facilities and equipment that may be necessary to perform the services
required by this Agreement. City shall make available to Consultant only the facilities and equipment listed
in this section, and only under the terms and conditions set forth herein.
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be
reasonably necessary for Consultant's use while consulting with City employees and reviewing records and
the information in possession of the City. The location, quantity, and time of furnishing those facilities shall
be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve
incurring any direct expense, including but not limited to computer, long-distance telephone or other
communication charges, vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before 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.
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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 death resulting
therefrom, and damage to property resulting from activities contemplated under
this Agreement, including the use of owned and non -owned automobiles.
4.2.2 Minimum Scope of Coverage. Commercial general coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form
CG 0001 (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.
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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 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.
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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 Agreement.
4.3.3 [Intentionally Deleted]
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 (except professional
liability) 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.
4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
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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. Contractor further acknowledges that
Contractor 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 Contractor 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, agents,
and subcontractors providing services under this Agreement shall not qualify for or
become entitled to, and hereby agree to waive any and all claims to, any compensation,
benefit, or any incident of employment by City, including but not limited to eligibility to
enroll in the California Public Employees Retirement System (PERS) as an employee of
City and entitlement to any contribution to be paid by City for employer contributions and/or
employee contributions for PERS benefits.
6.2 Consultant 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.
Section 7. LEGAL REQUIREMENTS.
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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 employee, applicant
for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or
applicant for any services or programs provided by Consultant under this Agreement.
Consultant shall include the provisions of this Subsection in any subcontract approved by
the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written
notification to Consultant.
Consultant may cancel this Agreement upon 30 days' written notice to City and shall
include in such notice the reasons for cancellation.
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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
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
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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 prevailing
party shall be entitled to reasonable attorneys' fees in addition to any other relief to which
that party may be entitled. The court may set such fees in the same action or in a separate
action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this
Agreement, the Parties agree that trial of such action shall be vested exclusively in the
state courts of California in the County of Alameda or in the United States District Court for
the Northern District of California.
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10.3 Severabilitv. 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 07/21/2020
Kimley-Horn for 2023-2031 Housing Element Update Page 12 of 15
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 Contract
Administrator or his or her designee.
10.10 Notices. Any written notice to Consultant shall be sent to:
Kimley-Horn and Associates, Inc.
Attn: Bill Wiseman
10 Almaden Boulevard, Suite 1250
San Jose, CA 95113
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 Section 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.
10.14 Force Maieure. Notwithstanding any other provision in this Agreement, the time for
performance of an obligation shall be extended for the period during which a party is
prevented from performing due to Unavoidable Delay. "Unavoidable Delay" shall mean
any and all delay beyond the applicable party's reasonable control, including without
limitation, delays caused by the other party, acts of God or public enemy, acts of federal,
state, or local government, either in its sovereign or contractual capacity, fire, floods,
Consulting Services Agreement between City of Dublin and Last Revised 07/21/2020
Kimley-Horn for 2023-2031 Housing Element Update Page 13 of 15
earthquakes, pandemics, epidemics and quarantines, civil disobedience, strikes, lock -outs,
freight embargoes, explosions or other casualties, inclement or extreme weather, or any
other cause or condition beyond such party's reasonable control, provided, however, that
party which has been so affected will (i) promptly give written notice to the other of the fact
that it is unable to so perform and the cause(s) therefore; and (ii) resume its performance
under this Agreement immediately upon the cessation of such cause(s).
SIGNATURES ON FOLLOWING PAGE
Consulting Services Agreement between City of Dublin and Last Revised 07/21/2020
Kimley-Horn for 2023-2031 Housing Element Update Page 14 of 15
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 KIMLEY-HORN AND ASSOCIATES, INC.
DocuSigned by:
097C599321104E7...
Linda Smith, City Manager tnaa ivieivin, r.t. C49422, Sr. Vice President
Attest:
Marsha Moore, City Clerk
Approved as to Form:
John Bakker, City Attorney
3545223.1
1000010686
Consultant's DIR Registration Number
(if applicable)
Consulting Services Agreement between City of Dublin and Last Revised 07/21/2020
Kimley-Horn for 2023-2031 Housing Element Update Page 15 of 15
EXHIBIT A
SCOPE OF SERVICES
1 Project Initiation
1.1 Project Kick-off Meetinr
Kimley-Horn will participate in a kick-off meeting with City staff to discuss the update process, answer
questions, provide data, and exchange other important procedural aspects of the Housing Element Update.
The meeting will address the following:
■ Review/Modify Scope of Work and Schedule
■ Define Outreach Methodologies
■ Data Sharing/Exchanging
■ Meetings and Public Engagement
Deliverables
■ Kick -Off Meeting Agenda
■ Kick -Off Meeting Minutes
1.2 Project Schedule
Kimley-Horn will develop and maintain a project deliverables schedule outlining major milestones, meetings,
work products, community outreach events, subcommittee meetings, and public hearings. The project team
will review HCD's proposed timeline for the ABAG region to ensure that Dublin is on schedule throughout the
Housing Element Update process. The project deliverables schedule will include all tasks within the Scope
of Work and accommodate anticipated City and agency review times.
Deliverables
■ Project Schedule (updated as needed)
1.3 Project Coordination
Kimley-Horn will meet with the project team to coordinate project deliverables, data, and public meetings. It
is assumed bi-monthly meetings will occur throughout the duration of the project and face-to-face meetings
when circumstances warrant. Additionally, Kimley-Horn will provide the City with monthly project status
reports as part of the invoicing process. Kimley-Horn assumes up to 10 meetings/conference calls through
the duration of the project. We assume up to three (3) in person meetings throughout the process and will be
coordinated with other activities to the extent feasible. All other meetings will be conducted via
teleconference.
Deliverables
■ Monthly invoicing with project status reports
2 Analyze Regional Housing Needs Assessment (RHNA)
2.1 Document Review
Following the kick-off meeting, Kimley-Horn will provide City staff with a list of pertinent data that is necessary
to complete the work program. Kimley-Horn will review all applicable City, regional, and state documents
pertaining to the Housing Element update. This may include various policy and regulatory documents and
other assistance programs.
Consulting Services Agreement between City of Dublin and Last revised 07/21/2020
Kimley-Horn for 2023-2031 Housing Element Update Exhibit A — Page 1 of 10
Kimley-Horn will be responsible for identifying and resolving any information gaps using existing available
data sources. Kimley-Horn anticipates a "turnkey approach" for data collection to the greatest extent feasible
and will only request information that is proprietary to the City to minimize the work effort by City staff.
Deliverables
■ Housing Element Data Resources Matrix
2.2 Current Housing Element Assessment
As required by state law, Kimley-Horn will review and evaluate the City of Dublin's current 2015-2023
Housing Element and its programs. This task will include a review of the appropriateness of the housing
goals, objectives, and polices in contributing to the attainment of the stated housing goal; the effectiveness
of the Housing Element in attaining community housing goals and objectives; and the City's progress in
implementing the Housing Element. The assessment will include the following information:
• Evaluate the status, effectiveness, and appropriateness of the current housing policy programs and
identify any barriers to implementation
• Compare identified goals from the adopted Housing Element to actual accomplishments during the
plan period
• Evaluate the existing Housing Element in relation to current State housing laws and identify any
omissions or deficiencies
Deliverables
■ Current Housing Element Assessment
2.3 Housing Needs, Constraints & Resources Profile
As required by state law, Kimley-Horn will assess housing needs, constraints, and resources profile. A
population and housing profile will be conducted that analyzes population and household characteristics,
special housing needs populations, and units at risk of converting to market rate units as required by new
state law. Housing constraints will identify non -governmental, governmental, and environmental constraints
that may have an effect on the future development of housing at all income levels. Housing resources such
as availability of vacant land, zoning to accommodate RHNA growth needs, and capacities of available sites
will be analyzed. Funding and financing resources available to address housing needs will be identified.
Opportunities for energy conservation will also be explored. An in-depth analysis of fair housing issues will
be completed, including new analysis required to comply with new statutory requirements to Affirmatively
Further Fair Housing.
As required by new housing law, the adequate sites analysis will be much more in-depth and detailed
compared to prior planning periods. It is Kimley-Horn's experience that the new housing laws will necessitate
a more detailed study of adequate sites to satisfy HCD standards. The effort required to complete this task
will be much larger than in prior update cycles and reflects the required effort to address the more detailed
adequate sites requirements of AB 1397 and the City's anticipated increased RHNA allocation. Based on our
experience with the analysis of potential sites, very -low, and low-income RHNA categories are subject to
greater analysis than the moderate and above moderate income categories.
Deliverables
Consulting Services Agreement between City of Dublin and Last revised 07/21/2020
Kimley-Horn for 2023-2031 Housing Element Update Exhibit A — Page 2 of 10
• Housing Profile Summary Report
• Adequate Sites Analysis Summary
• GIS Based Inventory of Sites
• Data Tables, Maps, and Relevant Text
2.4 Development Housing Plan
As required by state law, Kimley-Horn will develop a Housing Policy Plan that constitutes the policy
component of the Housing Element. The Housing Policy Plan will include prior policies from the adopted
2015-2023 5th Cycle Housing Element that will continue to be appropriate. These policies will be
supplemented by new policies and programs that address new Housing Element Law. The Housing Policy
Plan will identify policies and programs to address Conservation and Improvement, Availability and
Production, Affordability, Removal of Constraints, and Equal Housing Opportunity. Policies and programs will
be supplemented by Quantified Objectives by income category.
Deliverables
• Housing Policy Plan with Quantified Objectives
3 Community Outreach
3.1 Community Outreach Plan
To be compliant with state housing law, Kimley-Horn recommends the following community outreach
approach:
Kimley-Horn will conduct one community housing survey and one community workshop. The community
housing survey will identify and evaluate community input on locations for potential housing, housing goals,
policies, and programs. The community workshop will solicit comments on the Public Review Draft Housing
Element.
Due to the current restrictions on public gatherings and the unknown timeframe of the stay at home orders
due to COVID-19, there is the possibility that the community workshop will be modified to accommodate state
and local guidance regarding public gatherings.
While it is the preference to host the community workshop (described below) in person, Kimley-Horn is
experienced in conducting outreach online. Using a variety of tools, such as presentations, handouts, visual
aids, social media, and other materials, Kimley-Horn will help participants understand the update process,
current issues for resolution (as identified during the current Housing Element Evaluation), and potential
solutions.
Prior to finalizing the Community Outreach Plan, we will work with staff to discuss approaches, key
challenges, and various methods for effectively engaging City residents and decision -makers in the planning
process. The Kimley-Horn team will then formulate a Community Outreach Plan that addresses the outreach
strategies, dates, locations, participants and other relevant data.
City staff will be responsible for the scheduling of venues, staff coordination, and provide public noticing,
facilities, set-up, and general meeting facilitation for all community engagement activities.
Deliverables
Consulting Services Agreement between City of Dublin and Last revised 07/21/2020
Kimley-Horn for 2023-2031 Housing Element Update Exhibit A — Page 3 of 10
• Draft Community Outreach Plan in electronic format
3.2 Online Community Housing Survey
Kimley-Horn will create a web -based community survey to identify and evaluate community input on locations
for potential housing, housing goals, policies, and programs. The survey provides an alternative method for
gathering public participation that allows residents and stakeholders the flexibility of participating at a time
that works for their schedule. The community housing survey will provide tangible data that can be
incorporated into the Housing Element to quantify the City's outreach efforts to HCD. Results of the survey
will be summarized in a draft and final report. It will include chart and tables that quantify the survey results,
a summary of key findings, and an appendix of all response comments.
As part of this effort, Kimley-Horn will prepare a fact sheet that describes existing housing demographics and
trends, housing element and legislative requirements, a brief summary of the existing Dublin Housing
Element, the RHNA process, and the various challenges, issues, and opportunities associated with the
update process.
Deliverables
• Preparation, launch, and analysis of community housing survey
• Housing Element Fact Sheet
• Online community housing survey summary report
3.3 Stakeholder Workshop #1 — Introduction and Policy Considerations
Kimley-Horn will facilitate the first stakeholder workshop to discuss the Housing Element update process.
Kimley-Horn will prepare and deliver a PowerPoint presentation, informational handouts, visual aids, and
other materials.
The meeting will introduce participants to the RHNA process, Housing Element requirements, legislative
requirements and engage in the identification of policy considerations. A summary presentation of the results
of the on-line community survey will be provided highlighting survey findings and common themes.
Participants will identify challenges, issues, and opportunities for the Housing Element. In collaboration with
City staff, Kimley-Horn will identify key stakeholders.
3.4 Stakeholder Workshop #2 — Public Review Draft Housing Ele.
Kimley-Horn will facilitate a stakeholder workshop to discuss the Public Review Draft Housing Element.
Workshop #2 will build upon the information learned from online community survey and provide draft analysis,
policies, and programs for review and discussion. Kimley-Horn will prepare and deliver a PowerPoint
presentation, informational handouts, visual aids, and other materials. In collaboration with City staff, Kimley-
Horn will identify key stakeholders to solicit their participation.
Deliverables
• Electronic copies (in PDF format) of draft presentations and handouts
3.5 Planning Commission Study Session
Kimley-Horn will organize and facilitate a study session for the Planning Commission. The study session will
provide a forum for interim discussion and guidance prior to the formal Public Hearings process.
Consulting Services Agreement between City of Dublin and Last revised 07/21/2020
Kimley-Horn for 2023-2031 Housing Element Update Exhibit A — Page 4 of 10
The study session will present information on new housing -related state law, components of the 6th Cycle
Housing Element Update process, and other project -related information determined to be important by City
staff. The study session will also provide an opportunity to discuss components on the Draft Housing
Element's analysis that will form the foundation for the Policy Plan. This may include discussion of the
Community Profile, Needs Assessment, Adequate Sites Analysis, community outreach efforts, or other
housing element -related topics.
Deliverables
• Electronic copies (in PDF format) of draft presentation and handouts
• Presentation and Facilitation of Study Sessions
3.6 City Council Study Session
Similar to above, Kimley-Horn will organize and facilitate a study session for the City Council.
Deliverables
• Electronic copies (in PDF format) of draft presentation and handouts
• Presentation and Facilitation of Study Session
3.7 City -Council Check -ins (4)
Two senior staff from Kimley-Horn will participate in four City Council "check -in" to update the City Council
on project status, discuss topic areas of concern, receive direction on key decision -making issues, and
receive feedback. Kimley-Horn will prepare a draft and final PowerPoint for review by City staff prior to each
meeting.
Deliverables
• Electronic copies (in PDF format) of draft presentation and handouts
4 Draft Housing Element
Kimley-Horn will prepare an internal Administrative Draft, Public Review Draft, and Draft Final Housing
Element.
4.1 Administrative Draft Housing Element
Kimley-Horn will prepare and submit an internal Administrative Draft Housing Element to the City for review.
The Administrative Draft will be a complete draft and include all required components of a Housing Element
as described in prior tasks, and will include all tables, maps, and graphics. It is assumed the City will provide
one set of consolidated comments on this Administrative Draft.
Deliverables
• One electronic copy (in native file format and PDF format) and five hard copies of the Administrative
Draft Housing Element
4.2 Public Review Draft
Kimley-Horn will prepare a Public Review Draft Housing Element based on consolidated City comments on
the Administrative Draft. Kimley-Horn will any address identified issues and make necessary revisions prior
to formal submittal to HCD.
Consulting Services Agreement between City of Dublin and Last revised 07/21/2020
Kimley-Horn for 2023-2031 Housing Element Update Exhibit A — Page 5 of 10
Deliverables
■ One electronic copy (in native file format and PDF format) and five hard copies of the Public Review
Draft Housing Element
4.3 HCD Submittal
Once the Public Review Draft Housing Element is complete, it will be submitted to HCD for an initial 60-day
review. Kimley-Horn will prepare a transmittal letter and Completeness Review Checklist detailing how the
Public Review Draft Housing Element meets state law requirements. It is assumed the City will sign the
transmittal letter and transmit to HCD for review.
uenverables
■ One electronic copy (in native file format and PDF format) of the Public Review Draft Housing
Element and associated transmittal letter and checklist to HCD
4.4 Response to Comment,
Kimley-Horn will prepare written responses to public and agency comments (including HCD) on the Public
Review Draft Housing Element. Based on new requirements, third party interest, and the general nature of
the topic, the City should be prepared to receive considerably more comments from the public and other
stakeholders during the sixth cycle.
4.5 Final Housing Element
Following review by HCD, Kimley-Horn will revise the HCD submitted Public Review Draft Housing Element.
This Final Draft Housing Element will be presented at public hearings before the Planning Commission and
City Council.
Deliverables
■ One electronic copy (in native file format and PDF format) of the Final Draft Housing Element
■ Up to 15 hard copies of the Final Draft Housing Element for each public hearing
5 General Plan Amendments
As part of the Housing Element Update, a number of General Plan amendments will be necessary to comply
with recent statutory requirements and to ensure internal consistency of the General Plan and statutorily
required implementation through code amendments.
Because the level of effort required to make these General Plan amendments is currently unknown, a
preliminary number of hours and budget estimate is shown on the attached budget. Based on the level of
revisions required, this estimate may be subject to change pending project progression and discussions with
City staff.
5.1 Land Use Element Revisions
Pursuant to various new statutes, including AB 1397, adequate sites requirements will require an in-depth
analysis of adequate sites. If sites are not available to accommodate expected RHNA growth in the planning
period, the City must provide a rezoning program to address unaccommodated need. As zoning must be
consistent with the General Plan, similar updates to the General Plan land use designations will be required.
The Land Use Element Update will primarily rely on the necessary updates to the Housing Element to
accommodate RHNA growth needs. Updates may include changes to the Land Use Element including new
Consulting Services Agreement between City of Dublin and Last revised 07/21/2020
Kimley-Horn for 2023-2031 Housing Element Update Exhibit A — Page 6 of 10
land use designations, revised descriptions of the purpose and intent of existing land use designations and
additional land use considerations.
This element will describe the City's planning boundaries, including any revisions to the General Plan Land
Use, Sphere of Influence, service area boundaries, and establish a strategy for growth that reflects the
community's vision and supports the Housing Element. Revisions to land use policy and land use
designations will be based on these considerations.
5.2 Code Amendments — Rezones
While the necessary code amendments to accommodate RHNA allocations is not known at this time and the
extent of how the City will choose to employ strategies to accommodate RHNA, Kimley Horn recommends a
reservation of budget to accommodate future rezone requirements. This may include the provision of new
zoning classifications, modifications to existing zoning standards and others, as deemed appropriate.
5.3 Safety Element Revisions
Pursuant to newly adopted statutes, the General Plan Safety Element must be updated to address climate
change and the risk of fire for land classified as state responsibility areas, and land classified as very high
fire hazard severity zones. The review shall also address fire hazards, generally, to describe goals, policies,
and objectives. The effort will require coordination with the CalFire throughout the process.
Prior to the adoption of any amendments to the Safety Element, the Element will be sent for review and
comment by a variety of local and state agencies, including the State Board of Forestry and Fire Protection,
Department of Conservation, and local agencies that provide fire protection to territories in the City.
Depending on the agency, this will require review up to 90 days prior to any adoption by the City Council.
5.4 Environmental Justice Policies
As required by SB 1000, state law requires local governments to prepare and adopt an Environmental Justice
Element or environmental justice related policies into other elements of the General Plan. While either
approach is appropriate to comply with statutory requirements, the approach to integrating policies through
the General Plan is recommended. The advantages of this approach is that it provides stronger
interrelationship of environmental justice policies throughout other General Plan elements. However, this
approach may make it more difficult to distinguish environmental justice components in the General Plan.
With the new requirement pursuant to AB 686 for Housing Elements to Affirmatively Further Fair Housing
(AFFH), addressing "patterns of segregation and foster inclusive communities free from barriers that restrict
access to opportunity for federal and state protected classes," the Housing Element therefore provides
extensive analysis to address AB 686. It should be noted that HCD has not yet released guidance on the
extent of analysis requirement to implement AB 686.
It is anticipated the majority of Environmental Justice goals and policies will be contained within the Land Use
and Housing Element, but other Elements may provide the opportunity to incorporate or reinforce policy.
Deliverables
• General Plan Amendments (variable)
6 Plan Adoption
Consulting Services Agreement between City of Dublin and Last revised 07/21/2020
Kimley-Horn for 2023-2031 Housing Element Update Exhibit A — Page 7 of 10
6.1 CEQA Compliance
Kimley-Horn will prepare an Initial Study for the Housing Element concurrently with the Housing Element
update process. Our approach assumes that no substantial General Plan land use changes will be proposed
and the sites inventory will identify capacity consistent with the General Plan Update land use policies, and
build -out projections. Our approach also assumes a programmatic policy level analysis of the potential
environmental impacts. To the extent possible, we will draw conclusions from prior environmental
documentation conducted for the General Plan and prior Housing Element, and any Specific Plans or other
planning documents that address housing.
Kimley-Horn assumes the Initial Study (IS) will justify the adoption of a (Mitigated) Negative Declaration
((M)ND). The IS/(M)ND will include a project description, location, environmental checklist, analysis of
potential environmental effects, methods for mitigating significant effects, and an analysis of consistency with
existing plans and land use controls. This scope assumes the following:
■ For each deliverable, Kimley-Horn will respond to one reconciled set of City comments; additional
City review cycles are excluded
■ Baseline conditions, project description, and approach will not change once the City issues the
Authorization to Proceed
■ City comments will not raise new substantive issues requiring re -analysis.
Kimley-Horn will prepare for City review and distribute all CEQA Notices. The Notices will be distributed via
certified mail to the State Clearinghouse (if required), responsible, trustee, and interested agencies,
community groups, and individuals, and filed with the County Clerk. Distribution will be based upon a City -
provided distribution list. This scope excludes any required radius mailing, newspaper notices, and payment
of California Department of Fish and Wildlife (CDFW) fees, if required.
Deliverables
■ Administrative Draft IS/(M)ND
■ Public Review Draft IS/(M)ND
6.2 Public Hearings
Kimley-Horn assumes participation at one (1) public hearing before the Planning Commission and one (1)
public hearing before the City Council. Kimley-Horn will prepare and present a PowerPoint presentation,
assist in drafting staff report language, and respond to questions at each of the public hearings. Kimley-Horn
will also prepare applicable Alameda County Recorder requirements for recordation of the Housing Element
document.
Deliverables
■ Electronic copies (in PDF format) of draft presentation
■ Attendance by up to two (2) Kimley-Horn staff members
6.3 Final Housing Element / HCD Certification
Based on the City Council direction, Kimley-Horn will make final revisions and prepare a Final Housing
Element for transmittal to HCD for final certification. Kimley-Horn will maintain ongoing communication with
the State until the Final Housing Element is officially deemed certified.
Deliverables
Consulting Services Agreement between City of Dublin and Last revised 07/21/2020
Kimley-Horn for 2023-2031 Housing Element Update Exhibit A — Page 8 of 10
• One electronic copy (in native file format and PDF format) of the Final Housing Element
• Five bound hard copies of the Final Housing Element
6.4 General Plan Consistency Amendments
Kimley-Horn will assist the City in identifying sections of the City's current General Plan that may require
amendments to maintain consistency with the 6th Cycle Housing Element, as required by State law. These
may include revisions to the Land Use Element, Municipal Code amendments (rezones), Safety Element,
and Environmental Justice. Since the City's RHNA allocation is not finalized, the extent of revisions to General
Plan or the implications to changes to the General Plan are currently unknown.
Kimley-Horn is providing a general estimate of this effort for planning/budgeting purposes to identify the
necessary revisions to the General Plan for internal consistency. Scope and fee may require reassessment
once the determination of necessary land use changes are finalized. Kimley-Horn suggests a contingency
amount be included in the budget to accommodate unknown conditions related to General Plan amendments,
or other tasks as they evolve.
Deliverables
■ One electronic copy (in native file format and PDF format) of a consistency memo that identifies
sections of the City's current General Plan requiring update, including tables, maps, and figures.
Project Assumptions
In addition to any assumptions noted above, the scope and associated costs are based on the following
assumptions:
Gener-
1. The cost estimate includes meetings described in this scope of work. Additional meetings will be
billed on a fixed -fee basis.
2. The Client will provide Kimley-Horn with all technical materials, maps, project plans, GIS data, etc.
as they become available. This scope of work assumes that all project plans and supporting technical
studies to be prepared outside of this scope of work will be provided prior to preparation of any project
deliverables and that no further modification to the data will be required.
3. No new technical analysis or preparation of technical reports will be required, other than those
identified in this scope of work.
4. All technical studies provided to Kimley-Horn are assumed to be technically accurate and not require
a peer review. Unless specifically stated otherwise, Kimley-Horn's review of these technical studies
will be limited to an assessment of their completeness necessary to prepare the work products
identified in this scope of work.
5. Deliverables will be submitted to the Client in electronic (PDF) format and source files, except for
printed copies as identified in this scope of work.
6. Client will act as a clearinghouse for comments on all administrative draft documents and will provide
Kimley-Horn with a single, internally reconciled set of comments for each submitted draft document.
7. There will be a single round of review and revision by the Client to all draft document deliverables. If
Client feels that additional reviews are necessary, a contract amendment for additional work may be
necessary, depending on the nature and circumstances associated with the additional changes (e.g.
changes to the project description, additional technical analysis required, etc.). These changes can
be characterized as being outside of the control or knowledge of Kimley-Horn and would not be
Consulting Services Agreement between City of Dublin and Last revised 07/21/2020
Kimley-Horn for 2023-2031 Housing Element Update Exhibit A — Page 9 of 10
considered reasonable from the standpoint of professional standards of service and appropriate due
diligence.
8. Revisions to screencheck documents will focus on typographical errors, formatting issues, and other
minor edits. Such revisions will not include substantive content changes from the Client and the
project applicant. Edits other than typographical and formatting may require discussion and
substantiation from the project applicant.
9. The Client will be responsible for the preparation and distribution of all public notices and publications
(e.g. newspaper) unless otherwise noted in this scope of work.
10. The project budget is based on completion of work within an agreed upon schedule. If substantial
delay occurs, an amendment of the budget may be warranted to accommodate additional project
management time and other costs. Substantial delay is normally defined as 90 calendar days or
more.
11. This project includes an allowance for printing as shown in the attached budget. This is an allowance
only, based on the numbers of products and copies shown in this scope of work. If this allowance is
exceeded, additional printing costs will be billed at Kimley-Horn's direct cost plus 10%.
12. The Client will be responsible for meeting logistics, including schedule coordination, public outreach,
document production, printing notices, mailing costs, room reservations, room set-up and take -down,
and refreshments.
13. The Client will be responsible for identifying and communicating with all stakeholders including on-
going scheduling and coordination and distribution of all materials.
14. The Client will coordinate/schedule all internal staff meetings.
15. Project schedule assumes timely review by the Client (no more than 15 working days) for all product
deliverables. Outside review by the applicant or their representative(s) or Client designee; including
legal review separate from Client staff, shall result in a modification to the project schedule.
16. Kimley-Horn retains the right to make modifications to this scope of work based on changes to the
project, change in regulatory requirements, or other factors outside of Kimley-Horn's control, and
reasonably deemed acceptable by the Client.
17. Kimley-Horn retains the right to transfer budget allocations between tasks to support completion of
the work products, as needed, as long as the total budget is not exceeded. Shifts in task budget
allocation will be at the discretion of Kimley-Horn's Project Manager.
18. The project budget is a fixed -fee, unless where otherwise noted, and is subject to the contract
requirements as agreed to between Kimley-Horn and the Client.
CEQA Document
19. Because the extent of public and agency comments received on CEQA documents (e.g. Draft EIR)
is unknown, the proposed budget includes a preliminary budget estimate of time to respond to
comments. Kimley-Horn will consult with the Client after the evaluation of the comments to determine
if the preliminarily budget estimate is sufficient.
20. Once the proposed project description, baseline and alternatives are approved by the Client for
analysis in the CEQA document, it is assumed that they will not change significantly thereafter. If
changes requiring revisions to the CEQA document occur, an amendment of the budget may be
warranted.
21. The CEQA statutes or guidelines may change during the course of this project, or legal decisions
can alter the extent of the analysis needed. If amendments or decisions redoing work already
performed or substantially increasing effort, a contract amendment may be warranted.
Consulting Services Agreement between City of Dublin and Last revised 07/21/2020
Kimley-Horn for 2023-2031 Housing Element Update Exhibit A — Page 10 of 10
EXHIBIT B
COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
Task
Task 1. Project Initiation
1.1 Project Kick -Off Meeting
1.2 Project Schedule
1.3 Project Management and Coordination
Task 2. Analyze Regional Housing
Needs Assessment
2.1 Document Review
2.2 Current Housing element Assessment
2.3 Housing Needs, Constraints,
Resources, Population, and Housing
Profile
2.4 Develop Housing Plan
Task 3. Community Engagement
3.1 Community Outreach Plan
3.2 Online Community Survey
3.3 Stakeholder Workshop #1
3.4 Stakeholder Workshop #2
3.5 Planning Commission Study Session
3.6 City Council Study Session
3.7 City Council Check -Ins (4)
Task 4. Draft Housing Element
4.1 Screencheck Draft
4.2 Public Review Draft
4.3 HCD Submittal Draft
4.4 Response to Comments
4.5 Final Draft Housing Element
Task 5. General Plan Amendments
5.1 Land Use Element Revisions
5.2 Code Amendments - Rezones
5.3 Safety Element Revisions
5.4 Environmental Justice Policies
Task 6. Plan Adoption
6.1 CEQA Compliance
6.2 Public Hearings - 2
Total Hours Total Cost Schedule
24 $6,320 September - October 2020
6 $1,420 September - October 2020
104 $24,940 September 2020 - June
2022
19 $4,475 October 2020 - February
2021
31 $6,190 October 2020 - February
2021
430 $78,500 October 2020 - February
2021
86 $17,540 February - July 2021
42
64
40
40
40
24
96
$7,340
$15,040
$8,360
$8,360
$9,320
$6,960
$27,840
February - March 2021
June - August 2021
February - March 2021
September - October 2021
April - May 2021
June - July 2021
September 2020 - June
2022
46 $8,390 February - November 2021
33 $6,275 July 2021 - January 2022
26 $4,905 November 2021 - June 2022
38 $7,065 November 2021 - March
2022
17 $3,280 March - June 2022
80
80
32
16
$14,980
$14,980
$5,660
$2,990
June 2021 - June 2022
June 2021 - June 2022
June 2021 - June 2022
June 2021 - June 2022
170 $34,480 December 2021 - June 2022
49 $13,920 April - June 2022
Consulting Services Agreement between City of Dublin and Last revised 07/21/2020
Kimley-Horn for 2023-2031 Housing Element Update Exhibit B - Page 1 of 2
6.3 Final Housing Element / HCD
Certification
6.4 General Plan Consistency
Expenses
Travel & Accommodation
Contingency
TOTAL
24 $4,490 May — June 2022
34 $6,470 May — June 2022
$17,525
$4,985
$30,000
$403,000
Consulting Services Agreement between City of Dublin and Last revised 07/21/2020
Kimley-Horn for 2023-2031 Housing Element Update Exhibit B — Page 2 of 2
EXHIBIT C
INDEMNIFICATION
Consultant shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers,
elected officials, employees, agents and volunteers from and against any and all liability, loss, damage,
claims, expenses, and costs (including without limitation, attorney's fees and costs and fees of litigation)
(collectively, "Liability") of every nature arising out of or in connection with Consultant's performance of the
services called for or its failure to comply with any of its obligations contained in this Agreement, except
such Liability caused by the sole negligence or willful misconduct of City.
Notwithstanding the forgoing, to the extent this Agreement is a "construction contract" as defined by
California Civil Code Section 2782, as may be amended from time to time, such duties of Consultant to
indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.
The Consultant's obligation to defend and indemnify shall not be excused because of the Consultant's
inability to evaluate Liability or because the Consultant evaluates Liability and determines that the
Consultant is not liable to the claimant. The Consultant must respond within 30 days to the tender of any
claim for defense and indemnity by the City. If the Consultant fails to accept or reject a tender of defense
and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due
the Consultant under and by virtue of this Agreement as shall reasonably be considered necessary by the
City, may be retained by the City until disposition has been made of the claim or suit for damages, or until
the Consultant accepts or rejects the tender of defense, whichever occurs first.
Consulting Services Agreement between City of Dublin and Last revised 07/21/2020
Kimley-Horn for 2023-2031 Housing Element Update Exhibit C — Page 1 of 1