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HomeMy WebLinkAboutItem 4.04 PlanningDivFeeAdjust CITY CLERK File # DJãJ[Q][Q..k3J[L . AGENDA STATEMENT CITY COUNCIL MEETING DATE: June 21, 2005 SUBJECT: Fee Adjustments to existing Planning Division Consultant Agreements for overflow services In the Community Development Department and a revised contraét for David Babcock and Associates. Report Prepared by Gregory Shreeve Sr., Building Official p# ATTACHMJJ:NTS: 1. ResolutionApprovIng the Fee Aroendrnent Agreements (EJlbibits A·H contract amendments for the 8 Consultants). 2. Resolution Approving the revised agreement with David Babcock and Associates (Exhibit A Agreement with David Babcock and Associates). RECOMMENDATION: ~ 1. Adopt the Resolution Approving Fee Aroendment Agreements (Attachment I). 2. Adopt the Resolution Approving the revised agreement with David Babcock and Associates (Att:achnient 2). 3. Authorize CommunIty Development Director to execute the amendments and the revised agreement on behalf of the City. All charges to be funded through direct developer fees for Major Planned Development Applications or as approved Planning Division budgetary projects in the adopted budget. Consultant services will be set forth withÍn yearly budgets as' anticipated. . FINANCIAL STATEMENT: DESCRIPTION: The City proposes\to Increase the hourly payment for existing Planning Division Consultants from $90 to $95 per hour. During the past seven years, Dublin has experienced an acceleration of new development . projects in both the western and eastern areas of the City. In Fiscal Year 96-97, the City Council authorized Staff to hire outside consultants on an as-needed basis to assist Staff with specific areas of technical expertise (CEQA, biology, large scale specific plans, design review, etc.) and overflow of work. The Community Development Department has contracted with these outside consulting firms on a project-by.project basis. The City has received exemplary services from these vendors. Anticipated workloads over the next several years dictate that this Department continues to retain consultant firms to handle overflow work In these areas: . Biological site investigation of new projects (mandated by Eastern Dublin Specific Plan); . Expertise In Planning technical issues (subdivisions, design assistance, planning Staff analysis) when current Staff is unabie to complete projects in a timely fashion due to workloads; and 4IIIÞ --~--------------------------------~------------------~---------------------------------------- 4.4 COPIES TO: Consultants \ ð:b "L ITEM NO. G:lAgondas\200SIPJanning consultant agreemonts fee in"""". Z005.doc . Review oflandscape concepts 'and designs for development projects. Plan checks and field checks for landscape and irrigation plans. The chart below illustrates the rate changes for Planning Division consultants from Fiscal Year 2001-2002 to Fiscal Year 2004-2005 as well as the proposed rate increase for FY 2005-2006: . Rate Comparisons 2001 - 2005 Firm Type of Work HIred Hourly Fees by Year 01 02 03 04 05 SP2 Plannin~ 1996 $85 $85 $90 $90 $95 Cannon DesÎ"" Om"" Plannin~ 1996 $85 $85 $90 $90 $95 Jerrv Haa" Planum" 1996 $85 $85 $90 $90 $95 Placemakers. Planum" 2003 $90 $90 $95 Dave Baboook Plannin" 2002 $85 $85 $85 $95 LSA Assoo. Biologioal 1997 $85 $85 $90 $90 $95 Invest. Wetlands Research Bio1olrical 2003 $90 $95 Jeff Oamboni Landsoape 1998 $85 $85 $90 $90 $95 Arch. Paul Niemuth Landsoape 1999 $85 $85 $90 $90 $95 Arch. Community Development consultants last received an increase in Fiscal Year 2003-2004. The proposed $5 hourly rate increase for Fiscal Year 2005·2006 reflects an increase of2.8 percent per year over the last two-year period for an overall total increase of 5.6 percent. The $5 hourly rate increase is necessary to retain these consultants and bring their hourly rate in line with current industry standards for these types of services. All of the above consultants have contracts that are based on an indefinite period on an as· ~~ . Also attached to this report is a revised contract for David Babcock and Associates. This contract revision is necessary to bring this finn's agreement with the City's current standard services agreement. Primarily, these consultants are utilized on development projects and their fees are paid through development application fees. There are instances, however, where the consultant's fees are paid through General Fund revenues that are budgeted for special City projects or to implement City goals. These consultants have proven track records of sound work on proj ects common to Dublin (large scale Planned Developments, Subdivisions, Site Development Reviews and other entitlements). Each of these contracts contains provisions that the consultant will only perfonn work on a time and material basis at the direction of the Community Development Director. No work will be done without expressed permission and all costs will be charged to the Community Development Department Budget in accordance with costs associated with that project. RECOMMENDATION: Staff recommends that the City Council receive the Staff report, adopt the Resolution approving the contract amendments, adopt the Resolution approving the revised agreement with David Babcock and Associates and authorize the Community Development Director to execute the amendments and the revised agreement on behalf of the City. . "2 ~ "2. \ C5b '37.) RESOLUTION NO. - 05 · A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ***********~*************,******************** APPROVING AMENDME:!\'TS TO AGREEMENTS WITH STEVENSON, PORTO AND PIERCE, INC., CANNON DESIGN GROUP, JERRY HAAG & ASSOCIATES, PLACEMAKERS, LSA ASSOCIATES, INC., WETLANDS RESEARCH, JEFFERY GAMBONI, AND PAUL NIEMUTH ASSOCIATES RELATED TO PRIVATE DEVELOPMENT PROJECTS WHEREAS, the City of Dublin ("the City") and the firms of Stevenson, Porto and Pierce, Inc., Cannon Design Grou.p, Jerry Haag & Associates, Placemakers, LSA Associates, Inc., Wetlands Research, Jeffery Gamboni, and Paul Niemuth Associates ("the Consultants") have previously entered into agreements ("the Agreements") whereby the Consultants have agreed to provide certain planning, biological, and land architectures services on an as-needed basis, and; WHEREAS, the City and the Consultants now desire to increase the hourly rates under the Agreements from $90 per hour to $95 per hour. ' WHEREAS, the attached amendments to the Agreements implementing the rate increase for each of the Consultants (''the Amendments") have been reviewed and approved as to form by the City Attorney's Office. · NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does approve the Amendments, and BE IT FURTHER RESOLVED that the Community Development Director is directed and authorized to execute the amendments on behalf of the City. PASSED, APPROVED AND ADOPTED this 21 ,( day of June, 2005. AYES: NOES: ABSENT: ABSTAIN: Mayor lP-21-0S' <-1.+ ATTACHMENT J ATTEST: · City Clerk O:\Agcrn:ia¡;:\2005\cc reso tm- con8t1ltßnts fee im:~s~.doc -z...~~~ FIRST AMENDMENT TO THE CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND STEVENSON PORTO AND PffiRCE, INC. FOR ON-CALL SERVICES · This First Aroendment to the Agreement for On-Call Services between the City of Dublin ("City") and Stevenson Porto and Pierce, Inc. ("Consultant") as of , 2005. RECITALS WHEREAS, the City and the Consultant have previously entered into an agreement to provide on-call consulting services for provision of planning and other development services; and WHEREAS, in EJlbibit B to the Agreement the City agreed to pay Consultant II sum not to exceed $90 per hour; and WHEREAS, the Parties seek to increase the hourly rates from $90 to $95. NOW, THEREFORE, in consideration of the covenants contained herein, the parti"s hereto agree as follows: AMENDMENT · Exhibit B of the Agreement, "COMPENSATION SCHEDULE," is amended to delete the guarantee "City hereby agrees to pay Consultant a sum not to exceed $90.00 per hour" and instead add the guarantee "City hereby agrees to pay Consultant a sum not to exceed $95.00 per hour." IN WITNESS THEREOF, the parties hereto have executed this amendment as of the day and year written below. AGREED TO THIS June 21,2005 by: CONSULTANT CITY OF DUBLIN Eddie Peabody, Jr. Community Development Director · Michael Porto, Consultant EXHIBIT A · · · 3 o-b~? APPROVED AS TO FORM: Elizabeth H. Silver, City Attorney Attest: City CJerk L\Db"ó~ F1RST AMENDMENT TO THE CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND CANNON DESIGN GROUP FOR ON-CALL SERVICES · This First Aroendment to the Agreement for On-Call Services between the City ofDuhlin ("City") and Larry Cannon ("Consultant") as of ,2005. , RECITALS WHEREAS, the City and the Consultant have previously entered into an agreement to provide on-call consulting services for provision of planning and other development services; and WHEREAS, in Exhibit B to the Agreement the City agreed to pay Consultant a sum not to exceed $90 per hour; and WHEREAS, the Parties seek to increase the hourly rates from $90 to $95., NOW, THEREFORE, in consideration of the covenants contained herein, the parties hereto agree as follows: AMENDMENT · Exhibit B of the Agreement, "COMPENSATION SCHEDULE," is amended to delete the guarantee "City hereby agrees to pay Consultant a sum not to exceed $90.00 per hour" and instead add the guarantee "City hereby agrees to pay Consultant a sum not to exceed $95.00 per hour." . IN WITNESS THEREOF, the parties hereto have executed this amendment as of the day and year written below. AGREED TO TffiSJune 21 r 2005 by: CONSULTANT CITY OF DUBLIN ~ Eddie P~abodYI Jr. Community Develo~ment Director · REceIVED MAY 0 9 2005 DUBLIN PLANNINQ EXHIBIT B F5 0't 3~ .J . APPROVED AS TO FORM: Elizabeth H. Silver, City Attorney Attest: City Clerk e . 1.0 ~~ ~ FIRST AMENDMENT TO THE CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND JERRY HAAG FOR ON-CALL SERVICES . This First Aroendment to the Agreement for On·Call Services between the City of Dublin ("City") and Jerry Haag ("Consultant") as of , 2005. RECITALS WHEREAS, the City and the Consultant have previously entered into an agreement to provide on-call consulting services for provision of planning and other development services; and WHEREAS, in Exhibit B to ,the Agreement the City agreed to pay Consultant a sum not to exceed $90 per hour; and WHEREAS, the Parties seek to increase the hourly rates from $90 to $95. NOW, THEREFORE, in consideration of the covenants contained herein, the parties hereto agree as follows: AMENDMEl\'T e Exhibit B of the Agreement, "COMPENSATION SCHEDULE," is amended to delete the guarantee "City hereby agrees to pay Consultant a sum not to exceed $90.00 per hour" and instead add the guarantee "City hereby agrees to pay Consultant a sum not to exceed $95.00 per hour." IN WITNESS THEREOF, the parties hereto have executed this amendment as of the day and year written below. AGREED TO TIDS.1Tune 21, 2005 by: CONSULTANT CITY OF DUBLIN 'Eddie ieabody,! Jr. Community Development Director . EXIi'S i i C 1°b~~ · APPROVED AS TO FORM: Elizabeth H. Silver, City Attorney Attest: City Clerk · · 'ß Db 3";;tJ FffiST AMENDMEJ'I.'T TO THE CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND PLACEMAKERS FOR ON-CALL SERVICES . This First Aroendment to the Agreement for On-Call Services between the City of Dublin ("City") and Placemakers ("Consultant") as of ,2005. RECITALS WHEREAS, the City and the Consultant have previously entered into an agreement to provide on-call conrulting services for provision of planning and other development services; and WHEREAS, in Exhibit B to the Agreement the City agreed to pay Consultant a sum not to exceed $90 per hour; and WHEREAS, the Parties seek to increase the hourly rates from $90 to $95. NOW, THEREFORE, In consideration of the covenants contained herein, the parties hereto agree as follows: AMENDMENT e Exhibit B of the Agreement, "COMPENSATION SCHEDULE," is amended to delete the guarantee "City hereby agrees to pay Consultant a sum not to exceed $90.00 per hour" and instead add the guarantee "City hereby agrees to pay Consultant a sum not to exceed $95.00 per hour." IN WITNESS THEREOF, the parties hereto have executed this amendment as of the day and year written below. AGREED TO THIS' .June, 21, 2.005 by: CONSULTANT CITY OF DUBLIN .<' - . Eddie Peabody, Jr. Community Development Director . EX.'ì í 6¡r !D . Ie . q Db3~ APPROVED AS TO FORM: Elizabeth H. Silver, City Attorney Attest: City Clerk 10 Cib3~ FIRST AMENDMENT TO THE CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND LSA ASSOCIATES, INC. FOR ON-CALL SERVICES · This First Aroendment to the Agreement for On-Call Services between the City of Dublin ("City") and LSA Associates, Inc. ("Consultant") as of ,2005. RECITALS WHEREAS, the City and the Consultant have previously entered into an agreement to provide on-call consulting services for provision of planning and other development services; and WHEREAS, in Exhibit B to the Agreement the City agreed to pay Consultant a sum not to exceed $90 per hour; and WHEREAS, the Parties seek to increase the hourly rates from $90 to $95. NOW, THEREFORE, in consideration of the covenants contained herein, the parties hereto agree as follows; AMENDMENT · Exhibit B of the Agreement, "COMPENSATION SCHEDULE," is amended to delete the guarantee "City hereby agrees to pay Consultant a sum not to exceed $90.00 per hour" and instead add the guarantee "City hereby agrees to pay Consultant a sum not to exceed $95.00 per hour." IN WITNESS THEREOF, the parties hereto have executed this amendment as of the day and year written below. AGREED TO TillS June 21, 2005 by: CONSULTANT CITY OF DUBLIN 1-\1\ Að~AO.L ~, ~...J Malcolm Spro&, C sultant . Eddie Peabody, Jr. Comm~ity Development Director · EXHIBIT E \ \ Db ~~ · APPROVED AS TO FORM: Elizabeth H. Silver, City Attorney Attest: City CJerk · · \-z.ð'6~ ~ FIRST AMENDMENT TO THE CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND WRA, INC. FOR ON-CALL SERVICES · This First Aroendment to the Agreement for On-Call Services between the City of Dublin ("City") and Wetlands Research Associates, Inc. ("Consultant") as of ,2005. RECITALS WHEREAS, the City and the Consultant have previously entered into an agreement to provide on.call consulting services for provision of planning and other development services; and WHEREAS, in Exhibit B to the Agreement the City agreed to pay Consultant a sum not to exceed $90 per hour; and WHEREAS, the Parties seek to increase the hourly rates from $90 to $95. NOW, THEREFORE, in consideration of the covenants contained herein, the parties hereto agree as follows: AMENDMENT · Exhibit B of the Agreement, "COMPENSATION SCHEDULE," is amended to delete the guarantee "City hereby agrees to pay Consultant a sum not to exceed $90.00 per hour" and instead add the guarantee "City hereby agrees to pay Consultant a sum not to exceed $95.00 per hoUr." IN WITNESS THEREOF, the parties hereto have executed this amendment as of the day and year written below. AGREED TO TillS June 21,2005 by: CONSULTANT CITY OF DUBLIN ~ ;'þ-- omas E. Fraser, Consultant Eddie Peabody Jr., Community Development Director · EXHIBIT E · · · \~O-b~'3 APPROVED AS TO FORM: Elizabeth H. Silver, City Attorney Attest: City Clerk ILtG'b~~ FmST AMENDMENT TO THE CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND JEFFREY F. GAMBONI FOR ON-CALL SERVICES · This First Aroendment to the Agreement for On· Call Services between the City of Dublin ("City'') and Jeffrey F. Gamboni ("Consultant") as of ,2005. RECITALS WHEREAS, the City and the Consultant have previously entered Into an agreement to provide on-call consulting services for provision of planning and other development services; and WHEREAS, in Exhibit B to the Agreement the City agreed to pay Consultant a sum not to exceed $90 per hour; and WHEREAS, the Parties seek to il1crease the hourly rates from $90 to $95. NOW, THEREFORE, in consideration of the covenants contained herein, the parties hereto agree as follows; AMENDMENT · Exhibit B of the Agreement, "COMPENSATION SCHEDULE," is amended to delete the guarar¡tee "City hereby agrees to pay Consultant a sum not to exceed $90.00 per hour" and instead add the guarantee "City hereby agrees to pay Consultant a sum not to exceed $95.00 per hour." IN WITNESS THEREOF, the parties hereto have executed this ameIldment as of the day and year writteIl below. AGREED TO THIS June 21, 2005 by; CONSULTANT CITY OF DUBLIN Eddie Peabòdy, Jr. CommUl1ity Development Director · ,'EXNr'II:1' ,G' ~ \";:,.~~~ e APPROVED AS TO FORM: e e Elizabeth H. Silver, City Attorney Attest: City Clerk \La Dö~~ FIRST AMENDMENT TO THE CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND PAUL NIEMUTH & ASSOCIATES FOR ON-CALL SERVICES e This First Amendment to the Agreement for On-Call Services between the City of Dublin ("City") and Paul Niemuth & Associates ("Consultant") as of ,2005. RECITALS WHEREAS, the City and the Consultant have previously entered into an agreement to provide on-call consulting services for provision of planning and other development services; and WHEREAS, in Exhibit B to the Agreement the City agreed to pay Consultant a sum not to exceed $90 per hour; and WHEREAS, the Parties seek to increase the hourly rates from $90 to $95. NOW, THEREFORE, in consideration of the covenants contained herein, the parties hereto agree as follows: AMENDMENT . Exhibit B of the Agreement, "COMPENSATION SCHEDULE," is amended to delete the guarantee "City hereby agrees to pay Consultant a sum not to exceed $90.00 per hour" and instead add the guarantee "City hereby agrees to pay Consultant a sum not to exceed $95.00 per hour." IN WITNESS THEREOF, the parties hereto have executed this amendment as of the day and year written below. AGREED TO TillS June 21, 2005 by: CONSULTANT CITY OF DUBLIN Eddie Peabody, Jr. Community Development Director . EXHtBIT JJ · · · 1"1 Ob~~ APPROVED AS TO FORM: m Elizabeth H. Silver, City Attorney Attest: City Cierk \"2:> 0b3~ RESOLUTION NO. - 05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ************************************ . APPROVING LANGUAGE AMENDMENTS FOR AN APPROVED CONTRACT WITH DAVID BABCOCK AND ASSOCIATES IN THE PLANNING DIVISION RELATING TO INDEMNIFICA nON AND CONSULT ANT RESPONSmILITIES WHEREAS, the City of Dublin is experiencing significant increases in new development applications; and WHEREAS, with the acceleration of new development projects in both Western and Eastern Dublin, the need to retain outside cousultant firms is necessary, and WHEREAS, staff has determined it necessary to hire technical support to provide expertise in Building and Planning and other specialized construction issues when current staffis unable to complete projects in a timely fashion due to workloads, and WHEREAS, the City of Dublin Planning Commission and City Council has directed staff to move projects expeditiously, and hire consultant firms when services are needed, and WHEREAS, the City has approved contracts with David Babcock and Associates to perform various technical services and have demonstrated they have adequate ability to perform, and; e WHEREAS, Staffhas determined it is necessary to add language amendments for approved contracts related to indemnification and consultant responsibilities as an independent contractor, and; WHEREAS, consultants will only perform work on a time and material basis at the direction of the Community Development Director, and WHEREAS, all costs wHl be charged to the Community Development Department budget in accordance with costs associated with certain projects, and WHEREAS, the contract has been reviewed and approved by the City Attorney's Office as to form. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does approve the language amendments in Section 5 of the standard consultant agreements for David Babcock and Associates. BE IT FURTHER RESOLVED that the Community Development Director is authorized to obtain consultant signature accepting this amendment to Section 5 and sign the contract on behalf of the City. . ATTACHMENT 2. \ C\ CS'è) -:l.,) -;;;. PASSED, APPROVED AND ADOPTED this 21" day ofJune,2005. · AYES: NOES: ABSENT: ABSTAIN: ATTEST:' City Clerk · G:\Agendas\200:S\cc contract amended iangusg~ rc!iO for Dave BabçQck..doc · Mayor ?.D L5b3 ~ CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND DAVID BABCOCK AND ASSOCIATES ON·CALL CONTRACT FOR PLANNING SERVICES · THIS AGREEMENT for consulting services is made by and between the City of Dublin ("City") and Jerry Haag ("Consultant") as of , 200~. Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall end one year thereafter. except that the Agreement shall be automatically extended from year to year unless the Agreement is otherwise terminated. as provided for in Section 8. 1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession. Consuitant shall prepare all work products required by this Agreement in a substantial, first-class manner and shall conform to the standards of quality normally observed by a person practicing in Consultant's profession. · 1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City. in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City. reassign such person or persons. 1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to satisfy Consultant's obligations hereunder. Section 2. COMPENSATION. City hereby agrees to pay Consuitant the hourly sum set forth in Exhibit S, notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant's proposal. attached as Exhibit A. regarding the amount of compensation. the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Consulting Services Agreement between City of Dublin and David Babcock and Associates July 1. 2005 Page 1 of 12 · EXHIBIT A · · · 2--1 D'b ~3 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. Invoices shall contain the following information: · Serial identifications of progress bills; i.e., Progress Bill No.1 for the first invoice, etc.; · The beginning and ending dates of the billing period; · A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement. and the percentage of completion; · At City's option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work. the hours spent by each person, a brief description of the work, and each reimbursable expense; · The total number of hours of work performed under the Agreement by Consultant and each employee. agent, and subcontractor of Consultant performing services hereunder, as well as a separate notice when the total number of hours of work by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours (July 1 through June 30th); · The Consultant's signature. 2.2 Monthlv Payment. City shall make 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 Deleted. 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. Consulting Services Agreement between City of Dublin and David Babcock and Associates July 1,2005 Page 2 of 12 "2-"2.. ð'b ~ ~ 2.5 HourlY Fees. Fees for work performed by Consultant on an hourly basis shall not exceed . the amounts shown on the foliowing fee schedule: 2.6 Reimbursable Expenses. Reimbursable expenses shall be included in the hourly rate and not paid separately. 2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. 2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8. the City shall compensate the Consultant for ali outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shali maintain adequate logs and timesheets in order to verify costs incurred to that date. 2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shali, 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 may furnish physical facilities such as desks, telephone service, 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. Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure "occurrence coverage" insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and Its agents, representatives. employees, and subcontractors. Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such Insurance shall be included in the Consultant's bid. Consultant shali not allow any subcontractor to commence work on any subcontract until Consultant has obtained ali insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. 4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers' Consulting Services Agreement between City of Dublin and David Babcock and Associates July 1, 2005 Page 3 of 12 . "2-3 of--¡ ~3 '-, · Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1.000,000.00) per accident. In the alternative, Consultant may rely on a self~insurance program to meet those requirements. but only if the program of self-insurance complies fully with the provisions of the Califomia Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator, The insurer, if insurance Is provided, or the Consultant, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement. An endorsement shall state that coverage shall not be suspended, voided. canceled by either party, reduced in coverage or in limits. except after thirty (30) days' prior written notice by certified mail, retum receipt requested, has been given to the City. 4.2 Commercial General and Automobile Liabilitv Insurance. · 4.2.1 General reauirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount notless than ONE MILLION DOLLARS ($1,000,000,00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used. either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to. protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resuiting from activities contemplated under this Agreement, including the use of owned and non- owned automobiles. 4.2.2 Minimum scope of coveraae. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 ("any auto"). No endorsement shall be attached limiting the coverage. 4.2.3 Additional reaulrements. Each of the following shall be included in the insurance coverage or added as an endorsement to the policy: a. City and its officers, employees, agents. and volunteers shall be covered as insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Consultant, including the insured's · Consulting Services Agreement between City of Dublin and David Babcock and Associates July 1. 2005 Page 4 of 12 -z.-L\ ~3~ general supervision of Consultant; products and completed operations of Consultant; premises owned, occupied. or used by Consultant; and . automobiles owned, leased, or used by the Consultant. The coverage shall contain no special ilmitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers. b. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. c. An endorsement must state that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage. d. Any failure of CONSULTANT to comply with reporting provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers. e. An endorsement shall state that coverage shall not be suspended, voided. canceled by either party, reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. 4.3 All Policies Reauirements. e 4.3.1 AcceDtabllltv of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. 4.3.2 Verification of coveraae. Prior to beginning any work under this Agreement, Consultant shall fumish City with certificates of insurance and with original endorsements effecting coverage required herein. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The City reserves the right to . require complete, certified copies of all required insurance policies, at any time. 4.3.3 Subcontractors. Consultant shall include all subcontractors as insureds under its poiicies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 4.3.4 Variation. The City may approve a variation in the foregoing insurance requirements, upon a determination that the coverages, scope. limits, and forms of such insurance are either not commercially avaiiable, or that the City's interests are otherwise fully protected. Consulting Services Agreement between City of Dublin and David Babcock and Associates July 1. 2005 Page 5 of 12 . e e e 25"°b~~ 4.3.5 Deductibles and Self·lnsured Retentions. Consultant shall disclose to and obtain the approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Consultant may increase such deductibles or self·insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Consultant procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them. 4.3.6 Notice of Reduction In CoveralJe. In the event that any coverage required by this section is reduced, limited. or materially affected in any other manner. Consultant shall provide written notice to City at Consultant's earliest possible opportunity and in no case later than five days after Consultant is notified of the change in coverage. 4.4 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant's breach: · Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; · Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or · Terminate this Agreement. Section 5. INDEMNiFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers. employees, agents, and volunteers from and against any and all losses. liability, claims. suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life. or damage to property. or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees. subcontractors. or agents, by acts for which they could be held strictly liable. or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor. or agents have contributed in no part to the injury. loss of life, damage to property, or Consulting Services Agreement between City of Dublin and David Babcock and Associates July 1, 2005 Page 6 of 12 21.D O'ö 3 ~ violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance e certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause, This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply, By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material eiement of consideration. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent Jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify. defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its empioyees. agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Section 6. 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. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. e 6.2 Waiver of Employee Benefits. 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 empioyee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. 6.3 Consultant No Acent. 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. Consuitant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. Section 7. U;GAL REQUIREMENTS. 7.1 Governln 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 applicable to the performance of the work hereunder. Consulting SerVices Agreement between City of Dublin and David Babcock and Associates July 1, 2005 Page 7 of 12 . · · · 21 ~~~ 7.3 Other Governmental RBQulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity. Consultant and any subcontractors shall comply with all applicabie rules and regulations to which City is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permita. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, pennits, 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 empioyees, agents, any subcontractors shall, at their sole cost and expense. keep in effect at all times during the tenn of this Agreement any licenses. pennits, 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 ODDortunltv. Consultant shall not discriminate, on the basis of a person's race, religion, color. national origin, age. physical or mental handicap or disability, medicai condition, marital status. sex, or sexual orientation, against any. employee. applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting. and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby. Consultant shall Include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. Section 8. TERMINATION AND MODIFICATION. 6.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement upon thirty (30) days' written notice to City and shall include in such notice the reasons for cancellation. In the event of termination. Consultant shall be entitled to compensation for services performed to the effective date of termination; City. however, may condition pay¡nent of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes. and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement. Consulting Services Agreement between City of Dublin and David Babcock and Associates July 1, 2005 Page 8 of 12 '2'ß ~3~ 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 Assianment and Subcontractlna. 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 bv Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall included, but not be limited to. the following: 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, 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 compiete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work. Consulting Services Agreement between City of Dublin and David Babcock and Associates July 1 , 2005 Page 9 of 12 e . . · · · "Z.. 'i ~ ~ ';I,) 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 three (3) years. or for any longer period required by law. from the date of final payment to the Consultant to this Agreement. 9.3 InsDectlon and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under Califomia Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00). the Agreement shall be subject to the examination and audit of the State Auditor. at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement. Section 10 MISCELLANEOUS PROVISIONS. 10.1 Attornevs' 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 attomeys' 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. 10.3 Severabllltv. If a court of competent jurisdiction finds or rules that any provision of this ''Agreement is ¡nvalíd, void, or unenforceable, the provisions of this Agreement not so Consulting Services Agreement between City of Dublín and David Babcock and Associates July 1 , 2005 Page 10 of 12 3°0033 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 Imolied 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 tenn of this Agreement. 10.5 Successors and Assians. 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 Recvcled 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 ¡nteresUn this Agreement that would violate California Government Code Sections 1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee. or official of the City in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made In violation of Government Code § 1090 et.seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement. including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and. if applicable, will be disqualified from holding public office in the State of California. 10.8 Solicitation. Consultant agrees not to solicit business at ány 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 Community Development Director ("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: Consulting Services Agreement between City of Dublin and David Babcock and Associates July 1, 2005 Page 11 of 12 . . · · · 3\ Üb?~ David Babcock. Principal David Babcock and Associates 3581 Mt. Diablo Blvd., Suite 235 lafayette, CA 94549 Any written notice to City shall be sent to: City of Dublin Attn: City Manager 100 Civic Plaza Dublin. CA 94568 10.12 Intearation. This Agreement, inciuding the scope of work attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. For: CITY OF DUBLIN A Municipal Coporation CONSULTANT City [NAME, TITLE] Attest: Kay Keck, City Clerk Approved as to Form: Elizabeth H, Silver. City Attorney G:ICONTRACTS\2005 AmenömentslOn-call ContJ>iGt Agreement wlll1 Do.. aaÞoock.doc Consulting Services Agreement between City of Dublin and David Babcock and Associates Juiy 1, 2005 Page 12 of 12 32- ðb 33 EXHIBIT A SCOPE OF SERVICES Provision of planning and other development services including, but not limited to, environmental, architectural, landscape architectural and/or biological consulting services to the City of Dublin regarding: o Processing of development entitlements Said services shall be performed at the direction of the Community Development Director on an as-needed basis. Adjustment of Rates Hourly rates shall be those set forth in ExhibltB (Payment Schedule) Consulting Services Agreement between City of Dublin and David Babcock and Associates - Exhibit A July 1, 2005 Page 1 of 1 . e . · · · 3~ 9::> ~-:, EXHIBIT B COMPENSATION SCHEDULE City hereby agrees to pay Consultant a sum not to exceed $95.00 per hour. Consultant shall not bill for any reimbursable items. Consulting Services Agreement between City of Dublin and Dave Babcock - Exhibit B Juiy 1. 2005 Page 1 of 1