Loading...
HomeMy WebLinkAboutItem 4.2 - 3313 Consulting Services Agreement with Kimley-H Page 1 of 3 STAFF REPORT CITY COUNCIL DATE: July 21, 2020 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: Consulting Services Agreement with Kimley-Horn for 2023-2031 Housing Element Update Prepared by: Michael P. Cass, Principal Planner EXECUTIVE SUMMARY: The City Council will consider approving a consulting services agreement with Kimley - Horn to assist Staff with preparing the current Housing Element Update. Each California city and county must update their General Plan Housing Element every eight years to adequately plan to meet the existing and projected housing needs of all economic segments of the community. The current Housing Element was adopted in 2014 for the 2014-2022 planning period. State law requires that the General Plan Housing Element be updated by January 2023 for the 2023-2031 planning period. STAFF RECOMMENDATION: Adopt the Resolution Approving a Consulting Services Agreement Between the City of Dublin and Kimley-Horn for Preparation of the Housing Element Update; and approve the budget change. FINANCIAL IMPACT: The cost for Kimley-Horn to assist with the Housing Element Update is $403,000. The City’s Fiscal Year 2020-21 Budget includes $175,000, including $55,000 from an approved Senate Bill 2 Planning Grant. A budget adjustment is needed to allocate an additional $228,000 from the General Fund (Attachment 1). However, Staff anticipates that the cost to prepare the Housing Element will be offset by a pending, non- competitive $300,000 grant under the Local Early Action Planning (LEAP) Grant Program. DESCRIPTION: Each local government in California is required to adopt a comprehensive, long -term General Plan for the physical development of the jurisdiction. A certified Housing Element is one of seven mandatory Elements of the General Plan. Housing element law, enacted in 1969, mandates that local governments update their Housing Element every eight years to demonstrate how the jurisdiction has adequately planned to meet Page 2 of 3 the existing and projected housing needs of all economic segments of the community. The community’s housing need is determined through the Regional Housing Needs Allocation (RHNA) process. Staff presented the City Council with a report on the RHNA process on February 18, 2020 (Attachment 2). The City’s existing Housing Element covers the period of 2014 -2022. The Housing Element must be updated and then certified by the California Department of Housing and Community Development (HCD) by January 2023 for the 2023 -2031 planning period. Additionally, Staff anticipates that the Housing Element will trigger recent State law requirements to make additional amendments to the General Plan, including policies regarding environmental justice and amendments to the Safety Element. On June 10, 2020, HCD released the Regional Housing Needs Determination for the Bay Area’s Cycle 6 RHNA. HCD determined that the total housing need , as measured in housing units, is 441,176 units (2.35 times the 187,990 units needed for the current cycle, Cycle 5). If applied to Dublin, without the benefit of the Housing Methodology Committee, the City’s allocation would be approximately 5,200 units (current cycle is 2,285). Staff anticipates that preparation of the City’s Housing Element Update will be mor e challenging than the last given the following: • Higher total regional housing need. • New requirements for identifying eligible sites to accommodate the City’s share of the regional housing need and the likely need to designate additional sites for housing in the General Plan. • More factors to consider in allocations (i.e., overpayment, overcrowding, greenhouse gas emissions, jobs-housing fit). • Expanded HCD oversight on methodology and allocations. • Greater emphasis on social equity. On April 17, 2020, the City issued a Request for Proposals (RFP) (Attachment 3) for a consultant to assist Staff with the preparation of the Housing Element Update. This includes assisting with the analysis of vacant and underutilized sites, General Plan Amendments, as required, and associated environmental review documents. The City received proposals from the following three firms in response to the RFP: Circlepoint; Kimley-Horn; and Mintier Harnish. Staff reviewed the proposals and is recommending Kimley-Horn be selected. While all firms submitted competitive proposals, this recommendation is based on Kimley-Horn’s 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 success implementing similar projects. Staff anticipates that it will take approximately two years to complete the Housing Element Update. During that time, Staff will return to the City Council to provide updates and to seek feedback and direction on key policy decisions. We anticipate that the first such meeting will occur this fall with an update regarding the RHNA process, and to seek direction regarding the sites inventory analysis. Page 3 of 3 A Resolution approving a Consulting Services Agreement with Kimley-Horn is included as Attachment 4, with the agreement included as Attachment 5. ENVIRONMENTAL REVIEW: The Resolution approving a consulting services agreement for preparation of the Housing Element Update is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378 as the application does not meet CEQA’s definition of a “project” and would not result in either a direct physical change, or a reasonably foreseeable indirect physical change in the environment. STRATEGIC PLAN INITIATIVE: Strategy 3: Create More Affordable Housing Opportunities. Objective E: Update the City’s General Plan Housing Element in accordance with state law and to ensure an adequate supply of sites to accommodate th e City’s Regional Housing Needs Allocation for the period 2023-31. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Budget Change Form 2. City Council Staff Report dated February 18, 2020 3. Request for Proposal (without attachments) 4. Resolution Approving a Consulting Services Agreement Between the City of Dublin and Kimley-Horn 5. Exhibit A to the Resolution - Consulting Services Agreement between the City of Dublin and Kimley-Horn Budget Change Reference #: From Un-Appropriated Reserves X Budget Transfer Between Funds From Designated Reserves Other Account Amount Account Amount 1001.8101.64001 $228,000.00 7/21/2020 Posted By:Date: As Presented at the City Council Meeting **********Finance Use Only********** CITY OF DUBLIN 2023-2031 Housing Element Update consulting services REASON FOR BUDGET CHANGE FISCAL YEAR 2020-21 BUDGET CHANGE FORM EXP: General Fund - Planning - Professional Services City Council's Approval Required ATTACHMENT 3 Page 1 of 4 STAFF REPORT CITY COUNCIL DATE: February 18, 2020 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: Informational Report on Sixth Cycle Regional Housing Needs Allocation and Housing Element Update Prepared by: Kristie Wheeler, Assistant Community Development Director EXECUTIVE SUMMARY: The City Council will receive information about the upcoming sixth cycle Regional Housing Needs Allocation (RHNA) and Housing Element Update. STAFF RECOMMENDATION: Receive the report. FINANCIAL IMPACT: None. DESCRIPTION: Background Since 1969, the State has mandated that all California cities and counties plan for their share of the region’s housing needs at all income levels. Every eight years, the California Department of Housing and Community Development (HCD) determines the share of the state’s housing need for each region based on population projections prepared by the California Department of Finance. Councils of governments then distribute a share of a region’s housing need to each city and county within the region. In the Bay Area, that group is called the Association of Bay Area Governments (ABAG). This is known as the Regional Housing Needs Allocation (RHNA) process. While state law does not require an agency to build the housing units assigned through the RHNA process, it does require that land use planning regulations accommodate the units. Each city and county must then update the Housing Element of its General Plan to provide locations where housing can be built and the goals and policies necessary to meet the community’s housing needs. The “No Net Loss” laws ensure that local governments do not downzone these “opportunity sites” after their Housing Element has been certified. Each jurisdiction must also submit an annual report to HCD to Page 2 of 4 demonstrate progress toward meeting the goals and policies of the Housing Element. Table 1, below, shows the City of Dublin’s RHNA for the last three cycles. Table 1: Regional Housing Need Allocation (from the Adopted Housing Elements) 1999-2006 2007-2014 2015-2023 Income Level # Units % of Total # Units % of Total # Units % of Total Extremely Low/Very Low 796 15% 1,092 32.8% 796 34.8% Low 531 9% 661 19.8% 446 19.5% Moderate 1,441 26% 653 19.6% 425 18.6% Above Moderate 2,668 50% 924 27.7% 618 27% Total 5,436 100% 3,330 100% 2,285 100% Following the last RHNA process, the City updated the Housing Element and demonstrated how the RHNA could be achieved through a combination of approved projects and planned residential units. The City Council adopted the 2015 - 2023 General Plan Housing Element on November 18, 2014, and HCD certified that the updated Housing Element was compliant with State law. The City’s on-going implementation and annual reporting over th e past five years have also met with HCD approval. Staff is currently preparing the Annual Progress Report for 2019 and will provide it to the City Council for review and approval at an upcoming City Council meeting. Regional Housing Needs Allocation ABAG kicked off the sixth RHNA cycle with the formation of a Housing Methodology Committee, which began meeting in October 2019. The Methodology Committee is comprised of nine elected officials (one from each Bay Area county), 12 housing or planning staff members (at least one from each county), 13 regional stakeholders representing diverse perspectives, and one partner from state government. The goals of the Housing Methodology Committee are as follows: Advise ABAG staff on the RHNA allocation methodology for the RHNA cycle. Ensure the methodology and resulting allocation meet statutory requirements. Ensure the methodology and resulting allocation are consistent with the forecasted development pattern included in Plan Bay Area 2050. Staff anticipates that preparation of the City’s Housing Element Update for the sixth RHNA cycle will be more challenging than the last given the following: Higher expected total regional housing need. New requirements for identifying eligible sites in Housing Elements. More factors to consider in allocations (i.e., overpayment of rent/mortgage, overcrowding in residential unit, greenhouse gas emissions, jobs-housing fit). Expanded HCD oversight on methodology and allocations. Page 3 of 4 Greater emphasis on social equity. Of particular concern is the higher expected total regional housing need, which ABAG has indicated is due in part to prior RHNA cycles where the total of number units assigned has gotten progressively smaller while the need for housing has increased. Although the region often meets the needs for market-rate units, the region has consistently struggled to meet the goals for affordable units. Table 2 below shows the decline in the number of units assigned for the region over the last three RHNA cycles and progress toward meeting the RHNA. Table 2: Bay Area RHNA Progress 1999-2017 RHNA Permitted Percent of RHNA Permitted Cycle Assignment Total All Extremely Low/Very Low Low Moderate Above Moderate 1999-2006 230,743 213,024 92% 44% 79% 38% 153% 2007-2014 214,500 123,098 57% 29% 26% 28% 99% 2015-2023 187,990 87,691 65% 15% 25% 25% 125% For example, in southern California, HCD recently assigned 1.34 million new housing units through the RHNA process to the Southern California Association of Governments SCAG) compared to 412,137 units during the prior RHNA cycle. This represents an additional 932,603 units and a more than threefold increase over the prior RHNA cycle. Although SCAG filed a formal objection, HCD did not alter SCAG’s RHNA. Using that metric, a similar increase in the Bay Area RHNA could result in a 6,855-unit allocation for Dublin. The requirements for identifying eligible sites in the Housing Element is also an area of concern. Over the past three years, there has been additional scrutiny on sites identified in the Housing Element to meet the City’s RHNA. For example, HCD has indicated that sites smaller than 0.5 acres and larger than 10 acres will require supportive analysis to document the viability of a site for housing , and sites identified in the current Housing Element cannot be reused unless rezoned to allow by-right development. Thus, Staff anticipates that the City will need to rezone vacant and underutilized sites, and potentially commercial sites, to be able to accommodate our RHNA. As shown in Table 3 below, ABAG expects that HCD will issue the Regional Housing Need Determination (RHND) for the nine-county Bay Area in April 2020. Between May and September 2020, ABAG will release the proposed methodology (i.e., how the RHND will be allocated to cities and counties), hold public hearings, and submit the draft methodology to HCD for review and approval. In January 2021, the final methodology should be adopted and ABAG will release the draft RHNA to jurisdictions. Appeals can be submitted until March 2021, and decisions on appeals and the final RHNA will be issued by May 2021. The City will then have until December 2022 to adopt a Housing Element Update. Page 4 of 4 Table 3: Key Milestones Key Milestones Date 1 HCD issues Regional Housing Need Determination (RHDA) for the Bay Area April 2020 2 ABAG releases proposed RHNA methodology May 2020 3 Public hearings on proposed RHNA methodology June 2020 4 ABAG releases draft RHNA methodology and submits to HCD for review September 2020 5 Final RHNA methodology adopted and draft RHNA released to jurisdictions January 2021 6 Deadline for appeals March 2021 7 Decision on appeals and final RHNA issued to jurisdiction May 2021 8 Deadline to adopt Housing Element Update December 2022 Preparing for Housing Element Update Senate Bill 2 established a permanent source of funding intended to increase affordable housing stock in California and directed 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 October 15, 2019, the City Council adopted a resolution authorizing the submittal of an application for Senate Bill (SB) 2 grant funds. On January 16, 2020, HCD approved the City’s SB 2 grant application totaling 310,000. The grant includes $55,000 to prepare an analysis of vacant and underutilized sites that could be used to accommodate the next RHNA allocation. Staff will begin the site analysis described above later this year and develop a scope of work for the Housing Element Update. Staff anticipates the need to supplement staff resources with consultants to assist with preparation of the Housing Element Update and will be returning to the City Council later this year to select a consultant to begin this process. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: None. REQUEST FOR PROPOSALS Date: April 17, 2020 Project Title: 2022-2030 Housing Element Update Description: The City of Dublin is inviting proposals from qualified planning consultants (or consultant teams) to update the City’s Housing Element for the 2022-2030 Reporting Period (6th Cycle). Proposal Due: Friday, May 15, 2020 at 5:00 p.m. Interviews: Week of May 25, 2020 Contract Awarded: Summer 2020 Project Timeline: Certification by the California Department of Housing and Community Development no later than December 15, 2022 Contact: Michael P. Cass, Principal Planner Community Development Department michael.cass@dublin.ca.gov (925) 833-6610 2 Table of Contents 1. Introduction 2. Background 3. Proposal / Scope of Services A. Vacant and Underutilized Sites Assessment B. Housing Element Update C. General Plan Amendment D. 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 20 years, much of the City’s growth has focused on 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 West Dublin/Pleasanton BART station in the City’s commercial core: Downtown Dublin. The City has issued this Request for Proposals (RFP) from firms or individuals to assist in preparation of a Housing Element Update for the 2022-2030 planning period, as mandated by State law, to achieve certification by the California Department of Housing and Community Development (HCD) no later than December 15, 2022 . The City is requesting proposals from qualified consultants with experience developing clear, concise, and legally defensible Housing Elements and supporting environmental documents. 2. Background Regional Housing Needs Allocation The Association of Bay Area Governments (ABAG) kicked off the sixth RHNA cycle with the formation of a Housing Methodology Committee, which began meeting in October 2019. The Methodology Committee is comprised of nine elected officials (one from each Bay Area county), 12 housing or planning staff memb ers (at least one from each county), 13 regional stakeholders representing diverse perspectives, and one partner from state government. The goals of the Housing Methodology Committee are as follows: ▪ Advise ABAG staff on the RHNA allocation methodology fo r the RHNA cycle. ▪ Ensure the methodology and resulting allocation meet statutory requirements. ▪ Ensure the methodology and resulting allocation are consistent with the forecasted development pattern included in Plan Bay Area 2050. The City anticipates that preparation of the Housing Element Update for the sixth RHNA cycle will be more challenging than the last given the following: ▪ Higher expected total regional housing need. 3 ▪ New requirements for identifying eligible sites in Housing Elements. ▪ More factors to consider in allocations (i.e., overpayment of rent/mortgage, overcrowding in residential unit, greenhouse gas emissions, jobs-housing fit). ▪ Expanded HCD oversight on methodology and allocations. ▪ Greater emphasis on social equity. For additional information on the aforementioned challenges, please see the City Council Staff Report, dated February 18, 2020. ABAG expects that HCD will issue the Regional Housing Need Determination (RHND) for the nine -county Bay Area in April 2020. Between May and September 2020, ABAG will release the proposed methodology, hold public hearings, and submit the draft methodology to HCD for review and approval. In January 2021, the final methodology should be adopted and ABAG will release the draft RHNA to jurisdictions. Appeals can be submitted until March 2021, and decisions on appeals and the final RHNA will be issued by May 2021. The City will then have until December 15, 2022, to adopt a Housing Element Update. Grant Funding The City intends to utilize the following grants to fund the Housing Element Update: ▪ Senate Bill (SB) 2 Planning Grant Program: The SB 2 Planning Grant Program established a permanent source of funding intended to increase affordable housing stock in California and directed 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 January 16, 2020, HCD approved the City’s SB 2 grant application totaling $310,000. The grant includes $55,000 to prepare an analysis of vacant and underutilized sites that could be used to accommodate the next RHNA allocation. ▪ Local Early Action Planning (LEAP) Grants Program: The LEAP Grants Program is part of the broader program formerly known as the Government Planning Support Grants Program, which provides a spectrum of support, incentives, resources, and accountability to meet California’s housing goals. LEAP provides one-time funding to local jurisdictions for the preparation and adoption of planning documents, process improvements that accelerate housing production, and facilitate compliance in implementing the sixth RHNA cycle. The City is entitled to a maximum award of $300,000, which will be put towards Consultant and Staff time associated with the Housing Element Update. The contract with the selected consultant will include a provision for full compliance with SB 2 and LEAP Grants Program requirements, including (but not limited to) expenses and reimbursements, clear deliverables and records retention. 3. Proposal / Scope of Services Pursuant to State of California Government Code Section 65580-65589.8, the selected consultant shall accomplish the following tasks: A. Vacant and Underutilized Sites Assessment The consultant shall complete an inventory of vacant and underutilized sites and identify potential sites to rezone to meet the new RHNA and increase density. The City has not received its RHNA from the 2022-2030 4 cycle; however, based upon allocations for other portions of the State, the City anticipates a signifi cant increase from our current allocation of 2,285 units. This task will also include rezoning properties. B. Housing Element Update The consultant shall prepare a Housing Element in compliance with all applicable state and federal laws, including all tables, maps, etc., which shall include (but not be limited to) the following: ▪ Updated housing, population, demographic, and employment data to coincide with ABAG growth projections and the 2020 Census. ▪ Assessment of the housing market conditions and immediate needs within the City, including special housing needs. ▪ Identification of actual and potential constraints on the maintenance, improvement, and development of housing for all income levels. ▪ Analysis of housing opportunities, along with an inventory of sustainable sites and the City’s capacity to meet regional housing goals. ▪ A Housing Element implementation program including quantifiable objectives and programs to address housing needs for all income levels, the elderly, veterans, and population with d isabilities, special needs, or experiencing homelessness. C. General Plan Amendment The consultant shall identify sections of the City’s General Plan Land Use Element that may need to be amended, including all tables, maps, etc. to be consistent with the 2022-2030 Housing Element. If more than one element of the General Plan is updated (e.g., the Housing Element and Land Use Element), the consultant shall also prepare a new Environmental Justice Element to meet with the requirements of SB 1000. D. Environmental Review Documents The consultant shall prepare, post, and file all the appropriate environmental documents for compliance with the California Environmental Quality Act (CEQA), including an Initial Study, Mitigated Negative Declaration or Environmental Impact Report, and all required CEQA noticing. In addition, the consultant shall be responsible for preparing notices and mailings required for compliance with SB 18 and AB 52. 4. Organization of Proposal Proposals shall be organized based upon the requirements provided below. Any other information should be placed in a separated section at the back of the proposal. Please note that the submittal is limited to 15 pages maximum (excluding resumes) and should be submitted on 8 ½” x 11” paper, in 12-point font. Please submit one PDF of your proposal. A. Introduction A general introduction and description of the proposed approach and methodology shall be provided. The format of the introduction and description of the approach is at the discr etion 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 City of Dublin, Housing Element Updates, and housing law . B. Scope of Services Describe the work program to accomplish the Scope of Services described above in Section 3. The work program shall provide a detailed description of the work to be accomplished. 5 C. Schedule Describe the time schedule for each proposed task and subtask described in the Scope of Services. The proposed project schedule should be provided in a timeline chart. The schedule should highlight anticipated internal meetings with staff, tour of the City, public review periods, meeting dates, coordination with HCD and other outside agencies, completion of all necessary HCD paperwork, and key milestones. Staff review, public outreach, Planning Commission review, and City Council adoption shall be accounted for in the schedule. D. Consultant Team 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 relationship 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. References Provide a list of past projects updating Housing Elements and General Plans . Provide at least three (3) references (names and current phone numbers) from previous similar work. 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 Dub lin. 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. 6 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 six-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 HCD associated with the LEAP Grants Program. I. Comments on City Standard Consulting Services Agreement Attachment A to this RFP 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 and LEAP Grants Program. 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 and LEAP Grants Program, should the firm be recommended for award of contract. Alternatively, the consultant shall submit a statement that the agreement would 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 General Plan and Housing Element experience with particular interest in experience preparing a Housing Element for the sixth RHNA cycle . 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 agreemen t. 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 to the City Council for award of contract. 6. Limitations ▪ All reports and pertinent data or materials shall be the sole property of the City 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 co pyright any materials development as part of this contract. ▪ 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 bes t 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 7 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 negotiations 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, May 15, 2020 to Michael P. Cass, Principal Planner via email at michael.cass@dublin.ca.gov. Any questions about this RFP should be directed to Michael P. Cass at michael.cass@dublin.ca.gov or phone at (925) 833-6610. 8. Attachments A. City’s Standard Consulting Services Agreement 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 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: AYES: NOES: 2 ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: ______________________________ City Clerk Consulting Services Agreement between City of Dublin and Last Revised 07/21/2020 Kimley-Horn for 2023-2031 Housing Element Update Page 1 of 15 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] Consulting Services Agreement between City of Dublin and Last Revised 07/21/2020 Kimley-Horn for 2023-2031 Housing Element Update Page 2 of 15 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: ƒ Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.; ƒ The beginning and ending dates of the billing period; ƒ 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; ƒ 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 ƒ The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder; ƒ The Consultant’s signature; Consulting Services Agreement between City of Dublin and Last Revised 07/21/2020 Kimley-Horn for 2023-2031 Housing Element Update Page 3 of 15 ƒ 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. Consulting Services Agreement between City of Dublin and Last Revised 07/21/2020 Kimley-Horn for 2023-2031 Housing Element Update Page 4 of 15 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. Consulting Services Agreement between City of Dublin and Last Revised 07/21/2020 Kimley-Horn for 2023-2031 Housing Element Update Page 5 of 15 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. Consulting Services Agreement between City of Dublin and Last Revised 07/21/2020 Kimley-Horn for 2023-2031 Housing Element Update Page 6 of 15 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. Consulting Services Agreement between City of Dublin and Last Revised 07/21/2020 Kimley-Horn for 2023-2031 Housing Element Update Page 7 of 15 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. Consulting Services Agreement between City of Dublin and Last Revised 07/21/2020 Kimley-Horn for 2023-2031 Housing Element Update Page 8 of 15 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: ƒObtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; ƒOrder 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 ƒTerminate 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. Consulting Services Agreement between City of Dublin and Last Revised 07/21/2020 Kimley-Horn for 2023-2031 Housing Element Update Page 9 of 15 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. Consulting Services Agreement between City of Dublin and Last Revised 07/21/2020 Kimley-Horn for 2023-2031 Housing Element Update Page 10 of 15 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 Consulting Services Agreement between City of Dublin and Last Revised 07/21/2020 Kimley-Horn for 2023-2031 Housing Element Update Page 11 of 15 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. 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 10.3 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 07/21/2020 Kimley-Horn for 2023-2031 Housing Element Update Page 13 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 Majeure. 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 14 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 15 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. Linda Smith, City Manager Enda Melvin, P.E. C49422, Sr. Vice President Attest: _____________1000010686 Consultant’s DIR Registration Number (if applicable) Marsha Moore, City Clerk Approved as to Form: John Bakker, City Attorney 3545223.1 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 EXHIBIT A SCOPE OF SERVICES 1 Project Initiation 1.1 Project Kick-off Meeting 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: ƒ Review/Modify Scope of Work and Schedule ƒ Define Outreach Methodologies ƒ Data Sharing/Exchanging ƒ Meetings and Public Engagement Deliverables ƒ Kick-Off Meeting Agenda ƒ 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 ƒ 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 ƒ 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 2 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 ƒ 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: ƒ Evaluate the status, effectiveness, and appropriateness of the current housing policy programs and identify any barriers to implementation ƒ Compare identified goals from the adopted Housing Element to actual accomplishments during the plan period ƒ Evaluate the existing Housing Element in relation to current State housing laws and identify any omissions or deficiencies Deliverables ƒ 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 3 of 10 ƒ Housing Profile Summary Report ƒ Adequate Sites Analysis Summary ƒ GIS Based Inventory of Sites ƒ 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 ƒ 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 4 of 10 ƒ 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 ƒ Preparation, launch, and analysis of community housing survey ƒ Housing Element Fact Sheet ƒ 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 Element 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 ƒ 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 5 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 ƒ Electronic copies (in PDF format) of draft presentation and handouts ƒ 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 ƒ Electronic copies (in PDF format) of draft presentation and handouts ƒ 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 ƒ 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 ƒ 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 6 of 10 Deliverables ƒ 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. Deliverables ƒ 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 Comments 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 ƒ One electronic copy (in native file format and PDF format) of the Final Draft Housing Element ƒ 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 7 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 ƒ 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 8 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: ƒ For each deliverable, Kimley-Horn will respond to one reconciled set of City comments; additional City review cycles are excluded ƒ Baseline conditions, project description, and approach will not change once the City issues the Authorization to Proceed ƒ 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 ƒ Administrative Draft IS/(M)ND ƒ 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 ƒ Electronic copies (in PDF format) of draft presentation ƒ 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 9 of 10 ƒ One electronic copy (in native file format and PDF format) of the Final Housing Element ƒ 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 ƒ 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: General 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 10 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 Documents 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 B – Page 1 of 2 EXHIBIT B COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES Task Total Hours Total Cost Schedule Task 1. Project Initiation 1.1 Project Kick-Off Meeting 24 $6,320 September – October 2020 1.2 Project Schedule 6 $1,420 September – October 2020 1.3 Project Management and Coordination 104 $24,940 September 2020 – June 2022 Task 2. Analyze Regional Housing Needs Assessment 2.1 Document Review 19 $4,475 October 2020 – February 2021 2.2 Current Housing element Assessment 31 $6,190 October 2020 – February 2021 2.3 Housing Needs, Constraints, Resources, Population, and Housing Profile 430 $78,500 October 2020 – February 2021 2.4 Develop Housing Plan 86 $17,540 February – July 2021 Task 3. Community Engagement 3.1 Community Outreach Plan 42 $7,340 February – March 2021 3.2 Online Community Survey 64 $15,040 June – August 2021 3.3 Stakeholder Workshop #1 40 $8,360 February – March 2021 3.4 Stakeholder Workshop #2 40 $8,360 September – October 2021 3.5 Planning Commission Study Session 40 $9,320 April – May 2021 3.6 City Council Study Session 24 $6,960 June – July 2021 3.7 City Council Check-Ins (4) 96 $27,840 September 2020 – June 2022 Task 4. Draft Housing Element 4.1 Screencheck Draft 46 $8,390 February – November 2021 4.2 Public Review Draft 33 $6,275 July 2021 – January 2022 4.3 HCD Submittal Draft 26 $4,905 November 2021 – June 2022 4.4 Response to Comments 38 $7,065 November 2021 – March 2022 4.5 Final Draft Housing Element 17 $3,280 March – June 2022 Task 5. General Plan Amendments 5.1 Land Use Element Revisions 80 $14,980 June 2021 – June 2022 5.2 Code Amendments – Rezones 80 $14,980 June 2021 – June 2022 5.3 Safety Element Revisions 32 $5,660 June 2021 – June 2022 5.4 Environmental Justice Policies 16 $2,990 June 2021 – June 2022 Task 6. Plan Adoption 6.1 CEQA Compliance 170 $34,480 December 2021 – June 2022 6.2 Public Hearings – 2 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 2 of 2 6.3 Final Housing Element / HCD Certification 24 $4,490 May – June 2022 6.4 General Plan Consistency 34 $6,470 May – June 2022 Expenses $17,525 Travel & Accommodation $4,985 Contingency $30,000 TOTAL $403,000 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 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.