HomeMy WebLinkAboutItem 4.07 PlanningConsltService
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CITY CLERK
File # D~[Ora-[?j][Q]
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: August 2, 2005
SUBJECT:
ATTACHMENTS:
· RECOMME~
FINANCIAL
STATEMENT:
DESCRIPTION:
Establish Contract Services for Planning Consultants on an as needed basis
for overflow services in the Community Development Department
(Report Prepared by Jeri Ram, Planning ManagerJCI(---
1) Resolution Approving Consulting Services Agreements
2) Consulting Services Agreement with David 1. Babby (Statement of
Qualifications attached as Exhibit A)
3) Consulting Services Agreement with CDRG (Statement of
Qualifications attached as Exhibit A)
4) Consulting Services Agreement with Gillarde Planning & Consulting
(Statement of Qualifications attached as Exhibit A)
5) Consulting Services Agreement with Chandler 1. Lee, AICP (Statement
of Qualifications attached as Exhibit A)
6) Consulting Services Agreement with Richard F. Tooker (Statement of
Qualifications attached as Exhibit A)
1) Adopt the Resolution approving Consulting Services Agreements
(Attachment I).
2) Authorize the Community Development Director to sign the
Agreements 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
budgeted within yearly budgets as anticipated.
During the past several years, the City Council has authorized Staff to hire outside consultants on an as-
needed basis to assist Staff with specific areas of technical expertise (CEQA, biology, arborist, large scale
specific plans, design review, etc.) and overflow ofwork. The Community Development Department has
contracted with several consulting firms ona project-by-project basis with much success. Anticipated.
workloads over the next several years dictate that this Department continue to retain consultant finns to
handle overflow work in these areas including the general processing of entitlements for development
proj ects, arborist services, as well as plan checks and field checks for those projects.
It is important to coordinate the availability of additional Community Development Department resources
to those in Public Works, Police, Fire and other outside interests to insure that all necessary resources are
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COPIES TO: Consultants
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available to handle a rapidly growing development review program and implementation ofprojects
approved and about to begin construction.
This typical contract contains provisions that the consultant will only perform 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.
SUMMARY:
Again, as noted earlier, no work will be done or funds expended unless funding is available and it has
been detenmned that outside help is needed to meet a specific time objective. This standard contract is
similar in nature to the master contract that has been reviewed and approved by the City Attorney.
RECOMMENDATION:
Staff recommends that the City Council adopt the Resolution approving Consulting Services Agreements
with David 1. Babby, CDRG, Gillarde Planning & Consulting, Chandler 1. Lee, Richard F. Tooker and
authorize the Community Development Director to sign the agreements on behalf of the City.
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RESOLUTION NO. - 05
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A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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APPROVING AGREEMENTS WITH DAVID L. BABBY, CDRG, GILLARDE PLANNING,
CHANDLER L..LEE AND RICHARD F. TOOKER, AS NEEDED FOR OVERFLOW SERVICES
IN THE COMMUNITY DEVELOPMENT DEPARTMENT RELATED
TO PRIVATE DEVELOPMENT PROJECTS
WHEREAS, the City of Dublin is experiencing significant increases in new development
applications; and
WHEREAS, with the acccleration of new development projects in Dublin, the need to retain
outside consultant firms is necessary; and
WHEREAS, staff has determined it necessary to hire technical support to provide Planning
Consultant services including processing appEcations, plan checks and field checks of new projects; and
WHEREAS, the City of Dublin Planning Commission and City Council has dirccted staff to
move projects expeditiously, and hire consultant firms when services are needed; and
WHEREAS, David L. Babby, Gillarde Planning & Consulting, Chandler W. Lec and Richard F.
Tooker have demonstrated they have adequate ability to perform the planning services required; and
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WHEREAS, consultants will only perform work on a time and material basis at the direction of
the Community Development Director; and
WHEREAS, all costs wilIbe charged to the Community Development Department budget in
accordance with costs associated with certain proj ects; and
WHEREAS, the contracts have been reviewed and approved by the City Attorney's Office.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
approve the agreements with David L. Babby, CDRG, Gillarde Planning & Consulting, Chandler W. Lee
and Richard F. Tooker.
BE IT FURTHER RESOLVED that the Community Development Director is authorized to
execute the agreements.
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ATTACHMENT 1
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PASSED, APPROVED AND ADOPTED this 2nd day of August, 2005.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
Mayor
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CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
David L. Babby, RCA
ON.CALL CONTRACT FOR PLANNING SERVICES
THIS AGREEMENT for consulting services is made by and between the City of Dublin ("City") and
David L. Sabby, RCA ("Consultant") as of August 2,2005.
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 Services attached as Exhibit A at the time and
place and in the manner specified therein. In the event ola 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 S.
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 geographicai area in
which Consultant practices its profession. Consultant 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.
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1.3 Assicmment of Personnel. Consultant shall assign only competent personnel to perform
services pursuant to this Agreement. In the event ¡hat City, in its soie 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 1.2 above and to satisfy Consultant's obligations hereunder.
Section 2. COMPENSATION. City hereby agrees to pay Consultant 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 confiict
between this Agreement and Consultant's proposal, attached as Exhibit A, regarding the amount of
compensation, the Agreement shall prevail. City shail 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.
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Consulting Services Agreement between
City of Dublin and David L. Babby
July 19, 2005
Page 1 of 13
ATTACHMENT d-
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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 shail 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 originai 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 Consuitant
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 30111);
· The Consultant's signature.
2.2 Monthly 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 property
executed change order or amendment.
Consulting Services Agreement between
City of Dublin and David L. Babby
July 19, 2005
Page 2 of 13
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2.5 Hourlv Fees. Fees for work performed by Consultant on an hourly basis shall not exceed
the amounts shown on the following fee schedule:
2.6 Reimbursable Expenses. Reimbursable expenses shall be included in the hourly rate
and not paid separately.
2.7 Pavmentof Taxes. Consultant is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.8 Pavment 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 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 shall, at its sole
cost and expense, provide all facilities and equipment that may be necessary to perfonn the services
required by this Agreement. City shall make available to Consultant only the facilities and equipment iisted
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 whiie 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.
Consuitant 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 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 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'
COMulting Services Agreement between
. City of Dublin and David L. Babby
July 19, 2005
Page 3 of 13
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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 California Labor
Code, Detennination of whether a self-insurance program meets the standards of the
Labor Code shall be soleiy 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 peliormed 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 Wriften
notice by certified mail, retum receipt requested, has been given to the City.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General reaulrements. Consultant, at its own cost and expense, shall maintain
commercial general and automobile liability insurance for the term of this
Agreement in an amount not less 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 fonn or other fonn with a general aggregate limit is used,
either the general aggregate limit shall apply separately to the work to be
peliormed 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 coveraae. Commercial general coverage shall be at least as
broad .as Insurance Services Office Commercial General Liability occurrence fann
CG 0001 (ed. 11/88) or Insurance Services Office form number Gl 0002 (ed, 1173)
covering comprehensive General Liability and Insurance Services Office fonn
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, empioyees, agents, and volunteers shall be covered
as insureds with respect to each of the following: liability arising out of
activities peliormed by or on behalf of Consultant, including the insured's
Consulting Services Agreement between
City of Dublin and David L. Sabby
July 19, 2005
Page 4 of 13
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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 Hmltations 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 primal)' 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 Professional Liability Insurance. Consultant, at its own cost and expense, shall
maintain for the period covered by this Agreement professional liability insurance for
licensed professionals performing wort pursuant to this Agreement in an amount not less
than ONE MiLLION DOLLARS ($1,000,000) covering the licensed professionals' errors
and omissions.
4.3.1 Any deductibie or self~insured retention shall not exceed $150,000 per claim.
4.3.2 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.
4.3.3 The poHcy must contain a cross liability or severability of interest clause.
4.3.4 The following provisions shall apply if the professional liability coverages are
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.
Consuiting Services Agreement between
City of Dublin and David L. Babby
July 19, 2005
Page50f13
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b,
Insurance must be maintained and evidence of insurance must be
provided for at least five years after completion of the Agreement or the
work, so long as commerciaily available at reasonable rates,
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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 must provide extended reporting coverage for
a minimum of five years after"C"ompletion of the Agreement or the work.
The City shall have the rightto ex!tºi~e. at thf\Consultant's sole cost and
expense, any extended reporting provisions of the policy, if the Consultant
canceis or does not renew the coverage.
d. ' A copy of the claim reporting.requirement;; must be submitted to the City
prior to the commencement of any work under this Agreement.
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 olno less than A:VII.
4.4.2 Verification of coveraee, 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,
4.4.3 Subcontractors. Consultant shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein,
4.4.4 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 available, or that the City's interests
are otherwise fully protected.
4.4.5 Deductibles and Self·lnsured Retentions. Consultant shali 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
Consulting Services Agreement between
City of Dublin and David L. Babby
July 19, 2005
Page 6 of 13
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deductible or self-insured retention levels with a requirement that Consultant
procure a bond, guaranteeing payment of iosses and related investigations, claim
administration, and defense expenses that is satisfactory in all respects to each of
them.
4.4.6
Notice of Reduction In CoveraQe. 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 eariiest possible
opportunity and in no case later than five days after Consultant is notified of the
change in coverage.
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 altematives 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 Consuitant 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 harmiess the City and its officials, officers,
employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions,
damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to
property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole
or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees,
subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character
of their work: The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage
to property, or violation of law arises wholly from the negligence or willful misconduct of the City or its
officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees,
subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or
violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the
duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance
certificates and endorsements required under this Agreement does not reiieve Consultant from liability
under this indemnification and hoid harmless clause. This indemnification and hold harmless clause shall
appiy 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 acknowiedges and agrees to the
provisions of this Section and that it is a material element of consideration.
Consulting Services Agreement between
City of Dublin and David L. Babby
July 19, 2005
Page 7 of 13
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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 Ernployees .
Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions
for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the
payment of any penalties and interest on such contributions, which would otherwise be the responsibility of
City.
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.
6.2 Waiver of Employee Benefits. Notwithstanding any other City, state, or federal policy,
rule, regulation, law, or ordinance to the contrary, Consuljant and any of its employees,
agents, and subcontractors providing services under this Agreement shall noj 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 conjribution to be paid by City for employer contributions and/or .
employee contributions for PERS benefits.
6.3 Consultant No AQent. 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.
7.1 GovernlnQ 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 jo the performance of the work hereunder.
7.3 other Governmental ReQulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmenjal 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 jhat Consultant and
its empioyees, agents, and any subcontractors have all licenses, permits, qualifications,
Consulting Services Agreement between
City of Dublin and David L. Babby
July 19, 2005
Page 8 of 13
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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 Eaual Opportunity. Consultant shall not discriminate, on the
basis of a person's race, religion, color, national origin, age, physical or mental handicap or
disability, medical 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 B.
TERMINATION AND MODIFICATION.
B.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
peliorrned 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.
B.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.
Consulting Services Agreement between
City of Dublin and David L. Babby
July 19, 2005
Page 9 of 13
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8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the
parties.
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8.4 AssiQnment and SubcontractinQ. 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 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 complete the work
described in Exhibit A that is unfinished at the time of breach and the amount that
City would have paid Consultant pursuant to Section 2 if Consultant had
completed the work.
Section 9.
KEEPING AND STATUS OF RECORDS.
9.1
Records Created as Part of Consultant's Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications,
records, files, or any other documents or materials, In electronic or any other form, that
Consultant prepares or obtains pursuant to this Agreement and that reiate to the matters
covered hereunder shall be the property of the City. Consultant hereby agrees to deiiver
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
finai approval by City, all data, plans, specifications, reports and other documents are
Consulting Services Agreement between
City of Dublin and David L. Sabby
July 19, 2005
Page 10 of 13
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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, canceied 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 datè of final payment to the Consultant to this Agreement.
9.3
Inspection and Audit of Records. Any records or documents that Section 9.2 oj this
Agreement requires Consultant to maintain shall be mada 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 junds
expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the
Agreement shall be subject to fhe 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 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 reasonab1e attorneys' fees in addition to any other relief to which
th at 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 cpurts of California in the County of Alameda or in the United States District Court for
the Northern District of California.
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 jorce 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 oj a specific provision of this
Agreement does not constitute a waiver of any other breach of th at term or any other term
of this Agreement.
10.5 Successors and AssìQns. The provisions oj this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns oj the parties.
Consulting Services Agreement between
City of Dublin and David L. Sabby
July 19, 2005
Page 11 oj13
\"?Db"î.1--
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 .
iess 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 Govemment Code Section 81000 et seq.
Consultant shall not employ any City official in the work perfonned pursuant to this
Agreement. No officer or employee of City shall have any financial interest in 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 tweive (12)
months, an employee, agent, appointee, or official of the City, If Consultant was an
employee, agent, appointee, or official ofthe 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/rom holding public office in the State of California.
.
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 materiais.
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.
Consulting Services Agreement between
City of Dublin and David L. Sabby
July 19, 2005
Page 12 of 13
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zoo ~ [SOL6 ON X~!Xl] SZ: 6 ~ NOW ,OOU,ZILO
07/25/2005 11:31 FAX 925933 6629
I 4- Db er 1,.
cnv OF DUBLIN
r.t!001/001
10.1D Notices. Any writt~n notiœ to Con&Jltant shall be $entto:
David L. 6abÞy, RCA
P.O. BOX 25295
San MateO. CA 94402
Any written notiQe to City sh....1I be $ant to:
Cily of Du blin
Ann: CI¡y Managér
100 Civic Plaza
Dublin, CA 94566
10.12 Intearation. This Agreement, induding thE!' SCOpe Of work attached her&to and
incro¡porated herein as 8chiblt A, mpresenls the ~nUre and inlegral:\'!d' agreement between
City and Consultant and 9uperoo¡¡des all prior nlloRD1lations, represenœtions, or agreements.
either WIItten or oral_
For: CITY OF DUBLIN
A Municipal Corporallon
City
Attest:
Kay Keel:, City Clerk
Approved as 10 FolTt1:
Elilabeth H. Silver, City Attorney
G:\OON'rnAC'f5\On.co. 1'6""""'" '""" 0""'. Balmy_
Consulting Senriœs Agreement belween
City of Dublin and David L. Babby
ZØØ"d dØZISØ S~/SZ/~Ø
CONSULTANT
vutÀ
David L. Bailby, Prinç¡ I on:lultlng Arborlst
JUly 19, 2005
Page l:\af 13
L¿¿Ø IZJ-t>z ø::lS
$..;:¡.....nO$~~ ....1~~..J.1:j
EXHIBIT A
SCOPE OF SERVICES
Provision of consulting arborist services to the City of Dublin.
15 D'b*\'"
Said services shall be performed at the direction of the Community Development Director on an as-needed
basis.
Adiustment of Rates
Hourty rates shall be those set forth in Exhibit S (Payment Schedule)
Consulting Services Agreement between
City of Dublin and David L. Sabby - Exhibit A
July 19, 2005
Page 1 of 1
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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.
11.J¡"b~"'~
Consulting Services Agreement between
City of Dublin and David L. Babby . Exhibit B
July 19, 2005
Page 1 of 1
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ARBOR RESOURCES
l '1~ 41,..
Professional Arboricultural Consulting & Tree Care
DAVID L. BABBY, RCA
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Registered Consulting Arborist #399
Certified Arborist #WE-4001A
Profession: Arboricultural Consultant
Date: July 2005
SUMMARY OF QUALIFICATIONS
I have been involved in the study of trees for over 15 years and have held various positions
within the arboriculture and forestry consulting industry. My job duties involve diagnosing
the physiologic health and structural integrity of trees, reviewing development plans,
assessing potential tree impacts, providing mitigation measures, and appraising the
monetary value of trees.
EDUCATION
June 1995
Bachelor of Science Degree in Forestry and Natural Resources
Concentration: Environmental Management
California Polytechnic State University
San Luis Obispo, California
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CERTIF1CATIONS AND LICENSURE
American Society of Consulting Arborists Registered Member #399
International Society of Arboriculture Certified Arborist #WE-400IA
California Licensed Tree Service Contractor #796763
RELATED CONSULTNG PROJECTS
City of Saratoga, California 2002 to Current
City Arborist
I serve as the City Arborist for Saratoga and provIde consulting services to the Community
Development Department. I review, analyze and comment on development plans; prepare
technical analyses and reports; perform site inspections during various development
phases; appraise monetary tree values; conduct peer review of third party arborist reports;
recommend tree protection bond amounts; and review tree removal permits related to
development. I also assisted in revising the City's current Tree Ordinance.
·
P.o. Box 25295, San Mateo, California 94402 . Email: arborresources@comcast.net
Phone: 925.875.9271 . Fax: 650.240.0777 . Licensed Contractor #796763
EXHIBIT A
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let Db Ci ;..
ARBOR RESOURCES
Profes~'ional Arboriculturol Consulting & Tree Care
July 2005
David 1. Babby, RCA
page 2
Town of Los Gatos, California 2002 to Current
Tawn Arborist
I serve as a Town Arborist for Los Gatos and provide consulting services to the
Community Development Department. I review, analyze and comment on development
project plans; prepare technical analyses and reports; appraise monetary tree values; and
conduct peer review of third arborist reports.
City of Palo Alto, California 2000 to Current
Consulting Arborist (contracted directly and indirectly)
I provide consulting services to the City of Palo Alto's Department of Planning and
Community Environment for various City and private development projects. My
assignments include diagnosing and evaluating tree conditions, establishing tree
inventories, reviewing potential development impacts, preparing maps, performing regular
site inspections and recommending mitigation measures.
City of Campbell, California 2000 to 2002
Consulting Arborist
I provided consulting services to the City of Campbell's Public Works Department. This
included evaluating demolition and construction activities occurring within close
proximity of trees and providing recommendations to mitigate damage. A risk assessment
of trees was also performed.
PROFESSIONAL MEMBERSIllPS
American Society of Consulting Arborists
International Society of Arboriculture
INSURANCE COVERAGE
Arbor Resources carries {I} Commercial General Liability insurance in the amount of one
million dollars ($1,000,000) per each occurrence and two million dollars ($2,000,000) in
the aggregate, {2} Professional Liability insurance in the amount of one million dollars
($1,000,000) in the aggregate, {3} Automobile Liability insurance in the amount of one
million dollars ($1,000,000) combined single limit, and {4} Worker's Compensation and
Employer's Liability in the amount of one million dollars ($1,000,000) per accident.
:P.O. Box 25295, San Mateo, California 94402 . Email: arborresourceB@comcast.net
Phone: 925.875.9271' Fax: 650.240.0777 . Licensed Contractor #796763
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CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
CDRG
ON·CALL CONTRACT FOR PLANNING SERVICES
THIS AGREEMENT for consulting services is made by and between the City of Dublin ("City") and
CDRG ("Consultant") as of August 2, 2005.
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 Services 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. Consultant 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 Assianment 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 1.2 above and to satisfy Consultant's obligations hereunder.
Section 2. COMPENSATION. City hereby agrees to pay Consultant the hourly sum set forth in
Exhibit B, notwithstanding arlY cOrltrary indications that may be contained in COrlsultarlt'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 paymerlts 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.
Consuiting Services Agreement between
City of Dublin and CDRG
July 19, 2005
Page 1 of 12
ATTACHMENT 3
20pt ~ 7r
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; Le., 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 Pavrnent. 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 Pavmant. 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 properiy
executed change order or amendment.
Consulting Services Agreement between
City of Dublin and CDRG
July 19, 2005
Page 2 of 12
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21 Db"t "l.'
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2.5 Hourlv Fees. Fees for work performed by Consultant on an hourly basis shall not exceed
the amounts shown on the following 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 Pavment upon Termination. In the event that the City or Consultant terminates this
Agreament 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 in order to verify costs incUlred 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 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 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 peliormance 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 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 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 Dubiin and CDRG
July 19, 2005
Page 3 of 12
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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 compiles fully with the provisions of the California 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 pelformed 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 mall, return receipt requested, has been given to the City.
4.2 Commercial General and Automobile Liabllltv 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 not less 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 aggreg.ate limit shall apply separately to the work to be .
performed under this Agreement or the general aggregate limit shall be at ~ast .
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 coveraae. Commercial general coverage shall be at ~ast 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. 12190) Code 1 ("any auto"). No
endorsement shall be attached limiting the coverage.
4.2.3 Additional reauirements. Each of the following shail 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 CDRG
July 19, 2005
Page 4 of 12
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b.
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 limitations on the scope of protection afforded to
City or its officers, employees, agents, or volunteers,
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 coveraøe,
Any failure of CONSULTANT to compiy with reporting provisions of the
policy shall not affect coverage provided to CiTY and its officers,
employees, agents, and volunteers.
d.
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
Deleted
4.4 All Policies Reauirements.
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 coveraQe. 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.
4.4.3 Subcontractors. Consultant shall include all subcontractors as insureds under its
policies or shall fumish separate certificates and endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
4.4.4 Variation. The City may approve a variation in the foregoing insurance
requirements, upon a determination that the coverages, scope, limits, and forms of
Consulting Services Agreement between
City of Dublin and CDRG
July 19, 2005
Page 5 of 12
2~"2
such insurance are either not commercially available, or that the City's interests
are otherwise fully protected,
4.4.5 Deductlbles 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 deductlbles
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 ievels 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.
4.4.6 Notice of Reduction in Coveraae. 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,
4.5
Remedies. In addition to any other remedies City may have if Consultant fails to provide
or maintain any insurance policies or policy endorsements to the extent and within the time
herein required, City may, at its sole option exercise any of the following remedies, which
are alternatives to other remedies City may have and are not the exclusive remedy for
Consultant's breach:
.
· Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
· Order Consultant to stop work under this Agreement or withhold any payment that
becomes due to Consultant hereunder, or both stop work and withhold any payment,
untii 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 iosses, 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
Consulting Services Agreement between
City of Dublin and CDRG
July 19, 2005
Page 6 of 12
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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, ioss of life, damage to property, or
violation of iaw. It is understood that the duty of Consultant to indemnify and hoid harmless includes the
duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance
certificates and endorsements required under this Agreement does not relieve Consultant from liability
under this indemnification and hold harmless clause. This indemnification and hold hannless clause shall
apply to any damages or claims for damages whether or not such insurance policies shall have been
detennined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the
provisions of this Section and that it is a material element of consideration,
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 andJor employer contributions
for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the
payment of any penalties and interest on such contributions, which would otherwise be the responsibility of
City.
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
pùrsuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3;
however, othelWise City shall not have the right to control the means by which Consultant
accomplishes services rendered pursuant to this Agreement. .
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
enroil in the Califomia 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.
6.3 Consultant No Aaent. 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 shail have no authority, express or implied, pursuant to this Agreement
to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governin!! Law. The laws of the State of California shall govem this Agreement.
Consulting Services Agreement between
City of Dublin and CDRG
July 19, 2005
Page 7 of 12
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7.2
Compliance with Applicable Laws. Consultant and any subcontractors shall comply with
all laws applicable to the petiormance of the work hereunder.
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7.3 other Governmental Reaulations. 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 Eaual Opportunity. Consultant shall not discriminate, on the
basis of a person's race, religion, color, national origin, age, physical or mental handicap or
disability, medical condition, maritai 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. Consuitant 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.
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 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
petiormed to the effective date of termination; City, however, may condition payment of
such compensation upon Consultant delivering to City any or all documents, photographs,
Consuiting Services Agreement between
City of Dublin and CDRG
July 19, 2005
Page 8 of 12
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computer softwara, 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 oniy by a writing signed by all the
parties.
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8.4 Assillnment and Subcontractln!!, 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 Ootions uoon 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 complete the work
described in Exhibit A that is unfinished at the time of breach and the amount that
City would have paid Consultant pursuant to Section 2 if Consultant had
completed the work.
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Consulting Services Agreement between
City of Dublin and CDRG
July 19, 2005
Page 9 of 12
Section 9.
9.1
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KEEPING AND STATUS OF RECORDS.
Records Created as Part of Consultant's Performance. All reports, data, maps,
models. charts, studies, sUlveys, photographs, memoranda, plans, stll:lies, 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. Consultanthereby 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 notbe released to third parties without prior written consent of both
parties.
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9.2 Consultant's Books and Records. Consuitant 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 tor 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 eny time during regular business hours, upon oral orwritten request of .
the City. Under Califomia Govemment 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 otl1er under this
Agreement, the parties agree that trial of such action shall be vested exclusively In the
state courts of Califomia in the County of Alameda or in the United States District Court for
the Northern District of Califomia.
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
July 19, 2005
Page 10 of 12
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Consulting Services Agreement between
City of Dublin and CDRG
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10.4
10.5
10.6
10.7
10.8
10.9
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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.
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.
Successors and Assiqns. The provisions of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the parties.
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.
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 ef seq.
Consultant shall not employ any City official in the work petformed pursuant to this
Agreement. No officer or employee of City shall have any financial interest in 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
empioyee, 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 petformed 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.
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.
Contract Administration. This Agreement shall be administered by Community
Development Director ("Contract Administrato~'). Ail correspondence shall be directed to
or through the Contract Administrator or his or her designee.
Juiy 19, 2005
Page 11 of12
Consulting Services Agreement between
City of Dublin and CDRG
..,IUA- '-...L .......... ....i.~<-o:;a
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Io!J OOUUU'
07/2Q/2005 1S:0S FAX 925 833 SS2S
cnv OF DUSLIN
3Doo Þ¡ ~
10.10 NtlJlcel, Any WI1t1en notice 10 Col\sullMt shall be sent to:
CDRG
330 Hazel Ävønue
MlllbraE't, CA 94030
Any written notice !() City shall be sent ¡¡:
City of Dublin
Alto: City Marwger
100 Civic Plaza
Dublin. CA 94568
10.12 ImeøflltJon. Thi$ Agreemenl, including the sooµe of work attacl1ed hereto and
iocorptll'8tad herein as Exl1lblt A, represaols the enUre and Integrated agreement between
City and Cqnsuttant and ~rsedes all prior negoUalions. representations, or agreements,
either written or oral.
For: CITY OF DUBLIN
A Municipal corporation
,..
City
Attest:
Kay Keck, Clly ClerK
ApproVec! as to Form:
Ell¡abeth H. S~ver. City Attorney
G'CONTRACTS\On.ç"Il~_- ç""G.'"
Coosulting Service$ Agteement between
City of Dublin and CORG
July 19. 2005
Page 12 of 12
07/22/2005 FR! 07:03 [TJlRX NO 9642] 141002
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EXHIBIT A
SCOPE OF SERVICES
Provision of planning and other development services including, but not limited to, environmental,
architecturai, landscape architectural and/or biological consulting services to the City of Dublin regarding:
o Processing of development entitlements
Said services shall be petformed at the direction of the Community Development Director on an as-needed
basis.
Adiustment of Rates
Hourly rates shall be those set forth In Exhibit B (Payment Schedule)
Consulting Services Agreement between
City of Dublin and CDRG - Exhibit A
July 19, 2005
Page 1 of 1
EXHIBIT B
COMPENSATION SCHEDULE
City hereby agrees to pay Consultant a sum not to exceed $95.00 per hour.
Consultant shall not bill for any reimbursable items.
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Consulting Services Agreement between
City of Dublin and CDRG - Exhibit B
July 19, 2005
Page 1 of 1
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Urban Planning . Environmental . Redevelopment· Land Use Economics' project M!lnagement
FIRM DESCRIPTION
Community Developllumt Resources Group (CDRG) staff has had the opportUnity to assist numerous
public agencies and the development community in. California. CDRG's clients are offered the distinct
advillltage of a multi-disciplinary practice, deep in resources and experience. Tom Williams, principal
staff of the finD, has successfully completed many urban and regional planning projects including permit
processing and development negotiations for some of California's most visible and cODlplex planning
projects, general plan updates including Housing Element certification by HCD, environmentJll
documents, zoning ordinance preparation, econonric development strategies, redevelopment plans,
assessment district and Mello-Roos CFD financing plans, and fI$Cal and economic inlpact analysis. In
addition, the !inn has provided various fonns of planning and real estate advisory !ieJ'Vices I8nging from
due diligence, pre-submittal analysis and processing of permits, to preparation of Specific Plans and
permit streamlining improvements. The areas of expertise offered by CDRG include:
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CURRENT PLANNING
Project Application Processing and Management
profr;ssional staff Assistsnce
Design Review and Analysis
Site Planning
fublic Presentations
Pemit Streamlining Programs
Community Facilitation
Due Diligence and Feasibility Studies
NPDES Review and Site Planning
ENVIRONMENTAL PLANNING
CEQAlNEPA Compliance
Environmental Assessments and Determination
Initial Studies
Negative Declarations
Environmental Impact Reports
Opportunities and Constraints Analysis
Mitigation Moniwing
Habitat Conservation Planning
TIUrd Party EnvironmentJll Review
Resource Agency and Permit Processing
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330 Hazel Avenue
Mil/brae, California 94030
LoNG RANGE PLANNING PROGRAMS
General Plan Updates and Amendments
Specific Plans
COlmmmity iIIId Area Plans
Concept Planning
Land Use Planning Analysis
Ordinance Preparation
Zoning Code Administration
Housing Progr¡m¡¡;
Downtown Revitalization Plans
ECONOMIC AND FINANCIAL SERV1CES
Economic Development IIIId Revitalization
Market and Fiscal hnpact Analysis
LW1d Based Financing
Facility FinW1cing Plans
FinW1cial Feasibility Studies
Cost-Benefit Analysis
Cost Recovory Programs
Redevelopment Planning and Analysis
Tax Increment Analysis
Business Retention/Rcvitalization
Phone: (650) 784-3434
Fcrx: (650) 692-6680
EXHIBIT A
Thomas C. Williams
Principal
QUALIFICATIONS
3 L.f '!fì '¥'
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Over eighteen years of experience in urban planning, land development, redevelopment, community and
investment program planning, negotiations and project facilitation.
Throughout my career I have demonstrated my successful ability to communicate both orally and in
writing. I have been responsible for, and have made, numerous presentations to shareholders, bQards, City
Councils, Redevelopment Agencies, Planning Comrnissiow;, the media, añd the public at large. I have
led, 1ll81laged, and coordinated large teams and consultants responsible for all phases of planning,
development and redevelopment. I am a highly effective leader, manager and communicator. As such,
technical expertise and experience that I offer includes:
Redevelopment:
Blight Studies and Assessment
Project Area Committee Oversight
Prl\iect Area Formation
Tax Increment Analysis
Disposition and Development Agreement Negotiations
Owner Participation Agreements
Downtown Revitalization Programs
Relocation Programs
Bond Capacity and Debt analysis
Project and Five Year Implementation Plans
Economic and Fi"anciøl;
Economic and Financial Feasibility Analysis
CostlBenefit Analysis
Highest and Best Use Analysis
Project Financing Alternatives
Sales Leakage and Market Analysis
Business Retention and Attraction Programs
RELATED ACCOMPLISHMENTS
Planning and Development:
Site Analysis/Site Planning
Site Design and Site Improvement
Development Strategies and Phasing
Permit Processing and Entitlements
Zoning Code Updates
CEQA and NEPA Proco.sing
Public Participation Programs
Specific and Master Plan Preparation
Genom! Plan Preparation
Policy and Regulatory Planning
Project Management:
Project Scope Development
Budgeting and Scheduling
ArchitectiEngineer/Contmctor Selection
Project Team Management
Program Planning
Coordination of Project RJoyi"ws
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Prepared and implemented several key ordinances including Growth Management, HiJlside Development,
Neighborhood Preservation and Building Nuisances for municipalities in the State of California..
Utili:œd a process of research and trends analysis to prepare short and long term market forecasting
models concerning multiple variables including rate of growth, demographics, socioeconomics, and
development costs to estimate demand and absorption for residential, maritime, and commercial land
uSeS.
Managed the comprehensive master plans, including entitlement, policy, infrastructure and site design for
large scale residential and mixed use projects throughout California. Projects range from 2,220 residential
l.\Dit Master Planned Communities to highly dense urban in-fill projects.
330 Hazel Avenue
Millbrae, California 94030
Phone: (650) 784-3434
Fax: (650)692-6680
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EDUCATION
B.A. Public Administration with concentration in Ci(¡> Pianning,
San Diego State University, San Diego California
Graduate Studies Public Administration with concentration in Economics,
San Diego State University, San Diego, California
EXPERIENCE
Principal
Community Development Resources Group
Manage planning, redevelopment, housing and development consulting activities
Millbrae, Califomia (2/05- present)
~'=i 'tftr
Director of Communi(¡> Development
City of San Bruno
Responsible for Department Management and Operations includiug Planning, Redevelopment, and
Building
San Bruno, California (12/03-2/05)
Assistant Director of Communi(¡> Development
Town of Los Gates
Managed Planning and Building Operations
Los Gates, California (5102-J 2103)
Principal
McGill Martin Self, Inc.
Department Manager Responsible for Planning, Economic and Redevelopment Activities
Walnut Creek, California (9/98-5/02)
Principal
Pacific Municipal Consultants
Managed Redevelopment, Housing, Economic and Land Use Planning Projects
San FrancIsco, CaJifornia (7/96-9/98)
Senior Associate
WilIiams-Kuebelbeck & Associates
Managed Redevelopment, Housing, Economic and Land Use Planning Projects
San Francisco, California (6/94" 7 /96)
Senior Planner - Junior Planner
City of San Diego, Supervised Development Planning and Redevelopment Projects
San Diego, California (6/87-6/94)
AFFILIATIONS
S¡mator Torlekson's Jobs/Housing Balance Citizens Task Force
Past Member, Board of Directors, Peninsula Healthcare District, San Mateo, CA.
U rÞan Land Institute
Building Industry Association
California Redevelopment Association
American Planning Association
330 Hazel Avenue
Millbrae, California 94030
Phone: (650) 784-3434
Fax (650) 692-6680
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CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
GlUarde Planning & Consulting
ON·CALL CONTRACT FOR PLANNING SERVICES
THIS AGREEMENT for consulting services is made by and between the City of Dublin ("City") and
Gillarde Planning & Consulting ("Consultant") as of August 2, 2005.
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 Services 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. Consultant 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 Assianment 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 1.2 above and to satisfy Consultant's obligations hereunder.
Section 2. COMPENSATION. City hereby agrees to pay Consultant 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 Gillarde Planning & Consulting
July 19. 2005
Page 1 of 12
ATTACHMENT 4
'51Ob "'1--"
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 1his Ag reement.
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 pertormed 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 avaiiable 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 BOO hours (Juiy 1 through June 301h);
· 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.
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2.3 Deleted.
2.4 Total Pavment. 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 Gillarde Planning & Consulting
July 19, 2005
Page 2 of 12
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2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed
the amounts shown on the following 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 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
tlmesheets in orderto 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 shall, at its sole
cost and expense, provide all facilities and equipment that may be necessary to perform the services
requirad 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 fumish physical facilities such as desks, telephone service, fiilng 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 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 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 indirectiy by Consultant. The Statutory Workers'
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Consulting Services Agreement between
City of Dublin and Glllarde Planning & Consulting
July 19, 2005
Page 3 of 12
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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 altemative, .
Consultant may rely on a self·lnsurance program to meet those 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
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, retom receipt requested, has been given to the City,
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain
commercial general and automobile liability insurance for the term of this
Agreement in an amount not less 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 resulting 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 SelVices 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 reauirements. 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 shali 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 Gillarde Planning & Consultinge
July 19, 2005
Page 4 of 12
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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 limitations 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 sfate 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
Deleted
4.4 All Policies Reauirements.
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 coveraae. Prior to beginning any work under this Agreement.
Consultant shall furnish 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.
4.4.3 Subcontractors. Consultant shall include all subcontractors as insureds under its
policies or shall fumish separate certificates and endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
4.4.4 Variation. The City may approve a variation in the foregoing insurance
requirements, upon a determination thatthe coverages, scope, limits, and fOl1Tls of
Consulting Services Agreement between
City of Dublin and Gillarde Planning & Consulting
July 19, 2005
Page 5 of 12
Lf-10f; 't)..-.
such insurance are either not commercially available, or that the City's interests
are otherwise fully protected.
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4.4.5 Deductlbles and Self·lnsured Retentions. Consultant shall disclose to and
obtain the approval of City for the self-insured retentions and deductibies before
beginning any of the services or work called for by any term of this Agreament.
Dunng the period covered by this Agreement, only upon the prior express written
authorization of Contract Administrator, Consuitant may increase such deductibles
or self-Insured retentions with respect to City, its officers, empjoyees, agents, and
volunteers. The Contract Administrator may condition approval of an increase in
deductible or self·lnsured 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.
4.4.6 Notice of Reduction in CovereCl&. 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 iater than five days after Consultant is notified of the
change in coverage.
4.5
Remedies. In addition to any other remedies City may have if Consultant fails to provide
or maintain any insurance policies or polley endorsements to the extent and within the time
herein required, City may, at its sole option exercise any of the following remedies, which
are altematives to other remedies City may have and arê not the exclusive remedy for
Consultant's breach:
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· 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 municìpallaw 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
Consulting Services Agreement between
City of Dublin and Gillarde Planning & Consulting
July 19, 2005
Page 6 of 12
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to property, or violation of law arises wholly from the negiigence or willful misconduct of the City or its
officers, empioyees, agents, or volunteers and (2) the actions of Consultant or its employees,
subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or
violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the
duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance
certificates and endorsements required under this Agreement does not relieve Consultant from liability
under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall
apply to any damages or claims for damages whether or not such. Insurance policies shall have been
determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the
provisions of this Section and that it is a material element of consideration.
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services
under this Agreement is determined by a court of competent jurisdiction or the California Public Employees
Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions
for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the
payment of any penalties and interast on such contributions, which would otherwise be the responsibility of
City.
Section 6.
STATUS OF CONSULTANT.
6.1
IndeDendent 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.
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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 Califomia 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.
6.3 Consultant No AQent. Except as City may specify in writing, Consultant shail have no
authority, express or implied, to act on beha~ of City in any capacity whatsoever as an
agent. Consultant shall have no authority, express or implied, pursuant to this Agreement
to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
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7.1 Governina Law. The laws of the State of California shall govern this Agreement.
Consulting Services Agreement between
City of Dublin and Gillarde Piannlng & Consulting
July 19, 2005
Page 7 of 12
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7.2
Compliance with Applicable Laws. Consultant and any subcontractors shall comply with
all laws applicable to the performance of the work hereunder.
.
7.3 other Governmental Reaulatlons. To the extent that this Agreement may be fu oded 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 Bnd Permits. Consultant represents and warrants to City that Consultant and
its empioyees, 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 Consuitant 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 Eaual Opportunity. Consultant shall not discriminate, on the
basis of a person's race, religion, color, national origin, age, physical or mental handicap or
disability, medical 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 subcontrsct 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 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 payment of
such compensation upon Consultant delivering to City any or all documents, photographs,
Consulting Services Agreement between
City of Dublin and Giilarde Planning & Consulting
July 19, 2005
Page B of 12
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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
Agreemant 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.
B.3 Amendments. The parties may amend this Agreement only by a writing signed by all the
parties.
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8.4 AsslClnment and SubcontractinCl. 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 subéontractorn noted
in the proposai, without prior written approval of the Contract Administrator,
B.S 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.
B.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 complete the work
described in Exhibit A that is unfinished at the time of breach and the amount that
City would have paid Consultant pursuant to Section 2 if Consultant had
completed the work,
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Consulting Services Agreement between
City of Dublin and Gillarde Planning & Consulting
July 19, 2005
Page 9 of 12
Section 9.
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KEEPING AND STATUS OF RECORDS.
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 forany 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.
9.1
.
9.3 Inspection 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 California Govemment 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 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 Califomia.
10.3 Severabilitv. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so
July 19, 2005
Page 10 of 12
Consulting Services Agreement between
City of Dublin and Glllarde Planning & Consultlng
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10.4
10.5
10.6
10.7
10.8
10.9
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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. .
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.
Successors and Assian!. The provisions of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the parties.
Use of Recvcled Products. Consultant shall prepare and submit aU reports, written
studies and other printed rnateriai on recycled paper to the extent It is avaiiable at ¡;¡qual or
less cost than virgin paper.
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 Califomia Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this
Agreement. No officer or empioyee of City shall have any financial interest in 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 empioyee, agent, appointee, or official of the City. If Consultant was an
employee, agent, appointee, or official of the City in the previous twelve mpnths,
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
Govemment 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 wiil 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 Govemment Code § 1090 and, if
appiicable, will be disqualified from holding pubiic office in the State of California.
Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or
interview reiated to this Agreement, either orally or through any written materials.
Contract Administration. This Agreement shall be administered by Community
Development Director ("Contract Administrator"). Ail correspondence shall be directed to
or through the Contract Administrator or his or her designee.
Juiy 19, 2005
Page 11 of 12
Consulting Services Agreement between
City of Dublin and Giliarde Planning & Consulting
FROM :~PC FRX NO. :~2S-2S8-9400
07l211!2005 1ß .45 r~~ 626 633 eS2S CITY OF DUBLIN
Jetl. 22 2005 09: SlRM P2
~ 00 11001
Iii lib If' v
10.10 NDtiCØII. Any written notiCe to Consultant shall be IIItnt to:
Glllerde Plennlng & Col'ISUffing
:J1I Tappan Temx:e
Orináa, CA 94563
Any wtittill1l'1OtiCé to CIty shall be s~mt to:
City of Dublin
Attn: OIly Manager
'00 Civic PIæ2
Dublin, CA 94&a8
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1 g,' ~ IntrItll'Itkt!. Tnls Á l'IIment, k'1cludlng Ihê sçQþI Of work attaohed hereto :r'1d
Il1QQIPore\ed h¡m>¡1n Ð$ Exhlbn A, repnilli9nbl thl! IIntlre and Integrated aQtMmfnt blltwun
City and Consultant ena 5Uøerøedes all prior negoOations, fIIpreMnlS~on5, or agrwmenls.
either written or oral.
For: CITY Of DUBLIN
A Municipal Òorporatlon
CONSULTANT
city
~ A~te{ F; tltJ...... A...J 0
Brenda G arøe
Attest
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Kay KIIok, City CI,rk
Appl'O\led as to r"Om1:
Ellzllbelti H. Silver. City Attom..-y
a:IOOt<1!<4C'1S\On.OoII__ with 1)/1.... PI.mlrg.oo
Con!IJI¡ln¡¡ $elViëéSAgrllOlrn..nl ~
City of Dublin and GiBurðe ?Iunning & Consulting
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July 19, 2DD5
Pagtl120f 12
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01/22/2005 FR! os: 52 [TX/RX HO 8845) <'!J 002