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HomeMy WebLinkAboutItem 4.04 HousElemUpdateConsultCITY CLERK FILE # 600-30 AGENDA STATEMENT CZTY COUNCTL MEETZNG DATE: August 7, 2001 SUBJECT: Contract Agreement with Parsons Harland Bartholomew & Associates, Inc. (Parsons) to prepare the 2001-2006 Housing Element Update for the City of Dublin ~ Report Prepared by: Carol Cirelli, Senior Planner ATTACHMENTS: ResOlution selecting the Consultant Parsons to prepare the Housing Element Update for the City of Dublin and authorizing City Manager to execute agreement for $37,400 Contract (with Exhibit A) between City of Dublin and Parsons Adopt Resolution selecting the Consultant Parsons for preparing the City of Dublin's Housing Element Update (Attachment 1); and Authorize the City Manager to execute the contract agreement for $37,400 (Attachment 2) FINANCIAL STATEMENT: Funds for this project have been approved under the Fiscal Year 2001-2002 Community Development Department Budget BACKGROUND: Last April, staff distributed Request for Proposals to nine Consulting firms for purposes of completing the 2001-2006 Housing Element Update for the City of Dublin. The City received four proposals from the following consulting firms: Spangle Associates; Economic & Planning Systems; Parsons; and Cotton/Bridges/Associates. Consultant interviews were held and the firm Parsons was selected for the contract based on their knowledge of State Housing Element law and the quality of their proposal, as shown in Exhibit A of Attachment 2. The existing Housing Element was last updated in 1991. 'State Housing Element law generally requires that cities assess their current and projected housing needs; inventory land and public facilities for potential housing development and analyze existing zoning and land use patterns; analyze potential government and non-government constraints for all income levels and current or proposed efforts to COPIES TO: In-House Distribution ITEM NO. remove them; inventory affordable housing units that are at risk of becoming market-rate units and identify what the city has done or can do to retain affordable units; and facilitate public participation that represents all income levels and types of housing needs. The Housing Element Update will also incorporate the strategies and programs of the City's Affordable Housing Implementation Program. SCOPE OF SERVICES: The Scope of Services in the contract agreement (Exhibit A of Attachment 2) contains the consultant's proposal for preparation of Dublin's 2001-2006 Housing Element Update. The Scope of Services involves completing 4 major tasks: housing needs assessment report; preparation of the Housing Element; CEQA compliance; and public participation/staff coordination. As reflected in the Scope of Services for the Housing Element Update, the consultant has a clear understanding of the project scope and the related tasks and has demonstrated their ability to prepare Dublin's Housing Element Update that will comply with State housing element law, in a timely and cost effective manner. Staff recommends Parsons because they have extensive recent experience preparing housing elements for other California jurisdictions and they can offer highly qualified and experienced staff to work on the project. Public workshops for the project are expected to occur September and October of 2001; and public hearings before the Planning Commission and City Council are expected to take place November of 2001; and February and March of 2002. RECOMMENDATION: Staff recommends that the City Council: 1) Adopt the Resolution (Attachment 1) selecting the consultant Parsons for preparing the Dublin Housing Element Update; and 2) authorize the City Manager to execute contract agreement for $37,400 (Attachment 2). g:\housing\housing element\Parsons contract staff report for 8-7-01 RESOLUTION NO. - 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AWARDING A CONSULTANT CONTRACT TO PARSONS HARLAND BARTHOLOMEW & ASSOCIATES, INC. WHEREAS, In compliance with State law, Dublin must complete an updated Housing Element for the period 2001-2006; and WHEREAS, the consulting firm of Parsons Harland Bartholomew & Associates, Inc. (Parsons) is able to prepare the Housing Element update in compliance with State law, in a timely and cost effective manner. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby awards the consulting contract to Parsons with costs not to exceed $ 37,400. PASSED, APPROVED AND ADOPTED this 7th day of August, 2001. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk g: Ihousinglparson contract resolution for 8-7-01 cc meeti[tg STANDARD CONTRACTUAL SERVICES AGREEMENT THIS AGREEMENT is made at Dublin, California, as of July 17, 2001 by and between the CITY OF DUBLIN, a municipal corporation ("CITY"), and PARSONS HARLAND BARTHOLOMEW & ASSOCIATES, INC., ("CONTRACTOR"), who agree as follows: 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, CONTRACTOR shall provide to CITY the services described in Exhibit A. CONTRACTOR shall provide said services at the time, Place and' in the manner specified in Exhibit A. 2. PAYMENTi CITY shall pay CONTRACTOR for services rendered pursuant to this Agreement at the time and in the manner set forth in Exhibit B. The payments specified in Exhibit B shall be the only payments to be made to CONTRACTOR for services rendered pursuant to this Agreement. CONTRACTOR shall submit all billings for said services to CITY in the manner specified in Exhibit B; or, if no manner be specified in Exhibit B, then according to the usual and customary procedures and practices which CONTRACTOR uses for billing clients similar to CITY. 3. FACILITIES AND EQUIPMENT. Except as set forth in Exhibit C, CONTRACTOR shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant tO this Agreement. CITY shall furnish to CONTRACTOR only the facilities and equipment listed in Exhibit C according to the terms and conditions set forth in Exhibit C. 4. GENERAL PROVISIONS. The general provisions set forth in Exhibit D are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the other term or condition shall control insofar as it is inconsistent with the general provisions. herein. EXHIBITS. Ali exhibits referred to herein are attached hereto and are by this reference incorporated 6. CONTRACT ADMINISTRATION. This Agreement shall be administered by Richard C. Ambrose ("ADMINISTRATOR"). All correspondence shall be directed to or through the ADMINISTRATOR or his or her designee. 7. NOTICES. Any written notice to shall be sent to: CONTRACTOR: CITY: Anders J. Hauge, Vice President Parsons Harland Bartholomew & Associates, Inc. 2233 Watt Avenue, Suite 330 Sacramento, CA 95825 (916) 483-0483 City of Dublin Attn: Richard Ambrose 100 Civic Plaza Dublin, CA 94568 Executed as of the day first above stated: Attest: City Clerk Approved as to form: City Attorney CITY OF DUBLIN a municipal corporation ~' ~'/" CqN~I~.~ CTOI( RECEIVED JUN 8 2001 DUBUN PLANNING Exhibit A Scope of Services TASK 1: HOUSING NEEDS ASSESSMENT REPORT 1.1 HOUSING NEEDS ANALYSIS IDENTIFY/ANALYZE DATA Parsons will rely on existing sources of public and private data provided by the City to complete the Housing Needs Assessment. The City has represented to Parsons that it has collected a substantial amount of information needed for the update. Based on the assumption that Parsons will spend less time on data identification and collection for the Housing Needs Assessment Report, we have budgeted approximately 160' hours of time for data collection, analysis, and the preparation of the report. As pan of project initiation, Parsons will review with City staff the data collected by the City and its use for the Housing Element update in relation to each of the data requirements of state law (based on the checklist used by the California Department of Housing and Community Development). If Parsons believes that additional hours will be necessary beyond the hours budgeted in this proposal, we will provide a supplemental scope and budget for the additional work. The focus of the data collection will be on filling in "gaps" of knowledge to update the current Housing Element, beginning with the data already collected by the City. Because the current Housing Element was prepared in 199I, some of the population and housing data necessary to address state law requirements will still be relevant to the updated Element. In addition, Parsons will be able to use information collected for the General Plan background report and EIR. To update the Housing Needs Assessment, Parsons will: · contact community organizations serving special needs groups, including seniors; · consult with federal, state, regional, and private agencies with demographic and housing information; review data from school districts and other agencies that serve particular segments of the population; · contact real estate and rental property sources to verify information on housing costs and rents; and · consult with developers, real estate firms, and other sources to update information on development costs. HOUSING CONDITIONS & OPTIONAL HOUSING CONDITIONS SURVEY Parsons will review City records (Community Development and Building Department Code Enforcement) to prepare an estimate of the number of housing units in need of rehabilitation and replacement as required by state law. If City records on housing conditions are insufficient to prepare such an. estimate, Parsons wilt recommend an exterior housing conditions survey in targeted areas of the City with concentrations of older dwelling units. Such areas of the City are Scope of Work City of Dublin Housing Element Update the most likely to contain residences in need maintenance or rehabilitation to their homes. Parsons will conduct a "windshield survey" of housing by using the methodology recommended by HCD in its Community Development Block Grant (CDBG) Management Manual, and record the conditions of major exterior components (rOof, siding, window/doors, foundation, and electrical system if visible). The results of the survey will be reported by street address, type of dwelling unit, and level of rehabilitation needed. Appendix A contains a sample housing conditions survey form. HOUSING NEEDS ASSESSMENT REPORT The Housing Needs Assessment Report will address the requirements of state law and key local issues relating to: · population/household characteristics · housing characteristics · housing cost · housing cost in relation to income · special housing needs · employment trends/housing impact · vacant land · residential energy conservation 1.2 SITE AVAILABILITY ASSESSMENT Parsons will use data provided by the City, the current Housin~ Element, and development records since 1991 as the baseline data from which to estimate the City's residential development capacity and the number of sites that can accommodate housing. Parsons will compare City development permit records with the previous vacant/redevelopment land survey to identify sites that are no longer vacant or are under-utilized due to, development activity. In consultation with' the City, Parsons will identify under-used sites, particularly in and adjacent to the City's commercial areas that have potential for higher density residential uses or residential/commercial mixed use. Parsons will conduct a field check of these sites and provide a map showing the locations and suitability. Parsons will identify the approximate acreage, by zoning category and permitted density, availability of facilities and services, and environmental constraints (if any) to determine whether the City can accommodate its RHND allocation for each income group. Parsons assumes that the City will provide information on acreages of vacant land by zoning category, or that this information can be provided by the County Assessor. This proposaI does not include a planning- level survey to measure and calculate the acreage of vacant land by zoning category. Parsons can provide such a survey as an optional task, if requested by the City. 1.3 CONSTRAINTS TO HOUSING GOVERNMENTAL CONSTRAINTS Parsons will review information in the current Housing Element on zoning and other local regulatory requirements that could substantially affect the City's ability to facilitate, and the Scope of Work City of Dublin Housing Element Update building industry's ability to supply, housing for all income groups. Based on an analysis of current zoning, subdivision, and other development ordinances, and discussions with City staff, Parsons will update the evaluation of governmental constraints arising from the application of these ordinances. The governmental constraints analysis will include: an evaluation of local building requirements and how they may affect housing cost and availability; the permit process, including development and permit fees and timelines (Parsons will provide summary tables showing typical permit process times and costs); and other local regulations, standards, or governmental practices that affect the construction, conservation, or rehabilitation of housing. This evaluation will include the City's unique requirements under the Residential Development Control Systems process and design review procedures for residential development. Parsons does not expect that its evaluation of City policies and regulations will result in findings substantially different from those in the current Housing Element. Parsons will also evaluate regulations that will apply to areas yet to be developed if specific plans, development agreements, or other additional requirements will apply to these areas. NON-GOVERNMENTAL CONSTRAINTS Parsons will update the analysis off financing costs and availability, how these affect affordability, and whether there are local financing constraints; land costs; construction costs, and any specific local conditions affecting those costs; and environmental factors that constrain the home-building industry in meeting the City's housing needs. 1.4 SPECIAL HOUSING NEEDS Parsons will describe the characteristics and estimate the nUmber of individuals and families with special needs that might not ordinarily be met by the private market without specific governmental action. The analysis will focus on those issues that make these groups' needs unique, the type of unmet need (financial, physical, space-related, etc.), and community resources available to meet those needs. Special needs categories that Parsons will examine include: seniors · individuals with disabilities · female-headed households · homeless and persons/families in need of transitional housing · low-income families, especially large families Scope of Work City of Dublin Housing Element Update first-time homebuyers farmworkers (not likely to be an issue in Dublin) other low- or very low-income population groups with special needs HOMELESS/TRANSITIONAL FACILITIES Dublin may not have a sizeable homeless population or an immediate need for homeless or transitional housing facilities. Nevertheless, the Housing Element must contain a discussion of appropriate areas of the community in which such facilities might be located, if needed. Parsons will identify the zoning categories in which such uses are allowed and potential areas within those zones that are appropriate for homeless and transitional housing facilities. 1.5 PRESERVATION OF ASSISTED UNITS (AT-RISK RENTAL HOUSING ) A preliminary search of federal records shows one Section 8 funded rental housing development in Dublin (The Springs) containing 36 assisted units of 176 total units. Parsons will conducLa. records search of local, state, and federal housing developments to determine if there are additional assisted rental housing developments that should be identified and ensure that the inventory of "at-risk" housing is accurate. Parsons will update the inventory showing the number of dwelling units by income level, senior versus non-senior units, the bedroom mix, subsidy type, project location, owner, earliest possible date of conversion, and year constructed. If any at-risk rental housing developments are identified (developments that could convert to market-rate housing within the next ten years), Parsons will prepare an analysis of the cost of acquiring (and rehabilitating, if necessary) or replacing the at-risk units, or providing rental subsidies for low-income households that may be displaced by conversion of assisted rental units to market-rate units. Finally, Parsons wilI update the list of non-profit organizations operating in the region that could potentially acquire and/or manage at-risk rental projects to maintain their long-term affordability. TASK 2: PREPARATION OF THE HOUSING ELEMENT 2.1 EVALUATION OF THE CURRENT HOUSING ELEMENT Parsons will provide:' I) a program-by-program analysis of achievements, and 2) a performance evaluation based on the quantifiable objectives in the current Housing Element. The report will indicate the housing type and population group affected by each existing program, the targeted income level, and the number of housing units constructed, rehabilitated, subsidized, or otherwise affected. This report wilt also identify factors affecting the City's achievements (positively or negatively), and whether changes in policies and programs can overcome constraints, to the City's achievement of its new Housing Element objectives. Based on the evaluation, Parsons will recommend modifications to programs, if appropriate, and will address prior performance issues and future needs. 2.2 ESTABLISH GOALS~ POLIClES~ AND QUANTIFIED OBJECTIVES Parsons anticipates the City will utilize 'the programs outlined in the Affordable Housing Implementation Plan that was adopted by the City Council on February 6, 2001 as a starting Scope of Work City of Dublin Housing Element Update point. In addition, based on the conclusions from the Housing Needs Assessment (Task I) and Program Evaluation (Task 2.1), Parsons may recommend modifications to current goals, policies, and programs in the Affordable Housing Implementation Plan to better reflect City resources, a realistic level of effort, past performance issues, and state law requirements to show how the City can accommodate its regional share of low- and moderate-income housing. Parsons will also recommend an updated quantified objectives table that shows, by income level, the City's objectives for accommodating its housing allocation, new construction, rehabilitation, and the preservation of at-risk rental housing units. The quantified objectives will consider funding and staffing resources available to the City over the next five years, as well as past and projected trends in housing construction. 2.3 ESTABLISH HOUSING PROGRAMS Parsons will use the City's existing Affordable Housing Implementation Plan as the basis for the program section of the updated Housing Element. However, Parsons may recommend changes to specific programs based on new information in the technical background report, and findings from the evaluation of achievement under the current Housing Element. Parsons will focus on programs that address the City's housing allocation and current unmet needs within the context of limited land, resources, and other constraints. Each program in the updated Housing Element will contain a clear statement of the proposed action, the expected results (time-oriented and quantified when possible), the responsible agency for implementation, and the anticipated funding source. Parsons' recommendations for programs and program modifications will focus on voluntary, regulatory, and incentive actions the City can undertake to promote affordable housing while maintaining community character. Considerations will consist of inclusionary housing requirements, in-lieu housing fees, mixed-use strategies, second units, transit-oriented developments (to reduce vehicle miles traveled), and higher density housing design in keeping with the character of the City. In particular, Parsons will review the AHIP recommendations to ensure that: 1.. Sufficient land and other strategies are incorporated to address the City's RHND. 2. Programs are included to address governmental constraints identified in the Housing Element. 3. The programs proposed in the AHIP match the needs identified in the Housing Element, particularly .those considered to be of highest priority. 4. Preservation of existing low-income rental housing is adequately addresses. 5. Special housing needs are adequately addressed, including homeless and transitional housing needs. 6. Programs for equal housing opportunities are included. Parsons will prepare an updated quantified objectives table with recommended numbers for housing preservation, conservation, and new construction for each of the four income categories (Very Low, Low, Moderate, and' Above Moderate). Scope of Work City of Dublin Housing Element Update Parsons will also identify local, state, federal, and private financial resources that the City might use to meet the identified housing needs and to implement recommended housing programs. 2.4 REVIEW FOR INTERNAL GENERAL PLAN CONSISTENCY Parsons will determine whether any changes to the Housing Element will require corresponding changes to other General Plan elements. If so, Parsons will identify the policies or programs of each element to be revised and will provide recommended text for the revisions. A summary of findings regarding General Plan consistency will be included in the Housing Element. 2.5 STATE HCD REVIEW Parsons' approach to state review will be proactive rather than reactive. At the City's option, Parsons will arrange a meeting with the. HCD staff reviewer at the City, including a City tour so the reviewer can see local conditions and constraints first hand. The purpose of this meeting is to provide the HCD reviewer with direct knowledge of housing issues, constraints, and resources. POST-REVIEW CONTACT WITH HCD If necessary, Parsons will meet following the receipt of the Department's comments to clarify any issues and possible responses that could address the Department's concerns. Parsons' objective is to ensure that all potential issues have been identified and resolved'. By following this approach, Parsons can reduce the likelihood that substantial changes will have to be made to the Draft Housing Element as a result of state review. SUMMARIZE HCD COMMENTS Parsons will prepare a summary of HCD's comments, noting the applicable sections of the Housing Element and potential modifications to address those comments. If requested by the City, Parsons will contact HCD to discuss the potential modifications and how they will address HCD' s concerns. If favorable HCD review of the Housing Element is not achieved, Parsons will provide written findings for City staff review and submission to the City Council for adoption with the Housing Element. 2.6 COPIES OF DRAFT AND FINAL DOCUMENTS Parsons will provide an electronic version of each deliverable in MS Word format and PDF format suitable for electronic distribution and publishing on the City's web site. Parsons will also provide a reprodUcible original. TASK 3: CEQA COMPLIANCE (INITIAL STUDY/NEG. DEC.) 3.1 SCOPE ISSUES Parsons will meet with City staff to discuss an approach to the Initial Study/Negative Declaration (IS/ND) format, content, and responses to comments. This will coincide with the completion of the Scope of Work ?, (, o~e to City of Dublin Housing Element Update Screen Check Draft Housing Element so that Parsons can present any issues that may need resolution prior to the environmental evaluation. 3.2 PREPARE DRAFT IS/ND Parsons will prepare a Draft IS/ND using the most current Environmental Checklist Form in Appendix G of the CEQA Guidelines. The IS/ND will consist of a project description, CEQA Environmental Checklist, discussion of environmental issues, and references. The project description will summarize the proposed Housing Element amendments, areas of the City affected by specific programs that may have significant impacts, and will include general location maps showing the areas of the City affected by those proposed programs. The IS/ND will include a brief discussion of each issue item in the Environmental Checklist, with more thorough analysis given to those items that could result in potentially significant impacts. Parsons will also identify general and specific mitigation measures that are required to reduce adverse impacts to less-than-significant levels. The Housing Element's confOrmity with the other elements of the General Plan will be included in the analysis. If mitigation measures are required to reduce impacts to a less-than-significant level, they will be identified as such and incorporated into the description of the proposed project. The intent of the Housing Element update is to meet the most current requirements of state law, update quantified objectives for housing, and revise policies and programs to achieve those new objectives. Parsons assumes that the Housing Element update will not require changes in land use or other General Plan policies that would resuk in significant impacts that could not be mitigated to a less-than- significant level. The budget for the IS/ND assumes that Parsons can use data from readily available sources (General Plan, General Plan EIR, other EIRs, previous technical studies, etc.) and will not perform independent field investigations or field data collection. 3.3 PREPARE REVISED DRAFT IS/ND Parsons will revise the IS/ND based on City staff comments and submit the revised document to City staff for public circulation. The City will be responsible for circulating the IS/ND. 3.4 PREPARE FINAL IS/ND After the 30-day public review period has expired, Parsons will prepare a Final IS/ND incorporating public and agency comments. The final environmental document will be submitted concurrently with the Final Housing Element. TASK 4: PUBLIC PARTICIPATION & STAFF COORDINATION Parsons will support City staff in coordinating and implementing a public participation process that includes two public workshops and four public hearings (two before the Planning Commission and two before the City Council) as described in Section 1 of this proposal. Parsons will prepare presentation materials for the workshops and provide facilitation/moderation if requested by the City. Scope of Work City of Dublin Housing Element Update 4.1 PUBLIC WORKSHOPS Parsons proposes a public workshop early in the process to serve as an educational/issues scoping session. Parsons will explain state law requirements, discuss the purpose and contents of the Housing Element, and provide preliminary findings from the Housing Needs Assessment. Participants will be solicited for suggestions on key issues and concerns on which to focus the update. Parsons will prepare presentation materials in a suitable format for visual display and handouts. At .the City's request, Parsons will also serve as the facilitator/moderator of the workshop. A second public workshop is proposed after the completion of the Housing Needs Assessment Report. The purpose of this workshop will be to present findings and conclusions from the report, implications for change in housing policies and programs, and to solicit input from the public on policy and program options or changes that they would like to have included in the updated Housing Element. 4.2 PUBLIC HEARINGS Parsons will attend two public hearings on the Draft Housing Element and two public hearings on the Final Housing Element (subsequent to HCD review). Parsons will prepare presentation materials for these hearings suitable for visual display and handouts. 4.3 STAFF MEETINGS Parsons will meet with City staff to coordinate project management, discuss substantive data and policy issues, review comments on .documents, and manage the citizen participation process. Parsons assumes that five meetings with City staff will be sufficient for project coordination. PRODUCT DELIVERABLES The budget accompanying this scope of work is based on the following assumptions: 1. one administrative draft Housing Needs Assessment Report 2. one revised draft Housing Needs Assessment Report for public review 3. one administrative draft Housing Element (incorporating public comments on the Housing Needs Assessment) 4. one public review draft Housing Element 5. one HCD draft Housing Element 6. one final Housing Element 7. one administrative draft IS/ND 8. one final IS/ND Additional deliverables will be charged on a time and materials basis or according to a supplemental scope of work and budget. Scope of Work p' ~ 4 t0 ·BUDGET Project Mgrfrech. Director 1. Baseline Conditions Report Hours, Task 1 Labor CoSt, Task 1 2. Preparation of the Housing Element Hours,'Task 2 Labor Cost, Task 2 3. CEQA Compliance (IS/ND) Hours, Task 3 Labor Cost, Task 3 4. 'Ublic Participation & Staff Coordination Hours, Task ¥ Labor Cost, Task q Total Hours Hourly Rate Total Labor Cost Expenses TOTAL COST 5. (~ptiona! Housing Condition Survey Hours, Task 1 Labor Cost, Task 1 Expenses TOTAL COST iNote: Costs are rounded up to the nearest $100 28 $3,100 60 $6,6OO 4 $5OO 60 $6,600 .152 $110 $16,800 12 $1,400 Bud,get Technical Review - Housing Element 6 $8OO 8 $1,1oo o o 14 $131 ' $1,900 o Technical Review, CEQA 0 $0 0 6 $700 0 6 $110 $7OO o Associate Planners - Housing 'Element 100 $5,2OO 36 $1,900 0 $0' 40 $2,100 176 $52 $9,2OO 28 $1,5oo Associate Planner - CEQA 0 $2,000 0 $0 32 $61 $2,000 0 GIS/ Mapping 12 $700 0 $0 0 $0. 0 $0 12 $56' $700 18 $1,100 Admln. Support 15 $800 10 $600 4 $3O0 10 $500 39 $50 $2,200 6 $300 Total Labor Cost (rounded) $10,600 $10,200 $3,500 $9,200' $33,500 $3,900 $37,4O0 Total Labor Hours 161 114 46 110 431 , 64 12~. $4,300 $4OO $4,700 3. PROJECT SCHEDULE ProjeCt InitiatJonlBackground Information List Task 1: Housing Needs Assessment Report Administrative Draft Final Report Task 2: Preparation of the Housing Element Administrative Draft Housing Element (Staff review) Public Review Draft Housing Element (Planning Commission, City Council review) Final Draft Housing Element for HCD review HCD Review Period Final Housing Element (as revised per HCD review) Adoption 'Submit Adopted Element to HCD forreview Task 3: CEQA Compliance (Initial Study/Neg. Dec.) Administrative Draft Initial Study/Neg. Dec. (Staff review) Public Review Draft Initial Study/Neg. Dec. (Planning Commission, City Council review) 30-day Circulation Draft Initial Study/Neg. Dec. Final Draft Initial Study/Neg. Dec. Task 4: Public Participation Public Workshops Planning Commission Hearings City Council Hearings Staff Meetings Meeting with HCD · Public Meeting/Hearing · Staff Meeting/HCD Meeting o Deliverable Project Schedule EXHIBIT B PAYMENT SCHEDULE CITY shall pay CONTRACTOR an mount not to exceed the total sum of Thirty Seven Thousand, Four Hundred Dollars ($37,400) for services to be performed Pursuant to this Agreement. CONTRACTOR shall submit invoices on a MONTHLY basis during the term of this Agreement based on the cost for services performed and completed for each task outlined in Exhibit A, Scope of Services and according to the attached schedule of professional rates (p. 2 of Exhibit B). The CONTRACTOR shall not submit an invoice more often lhan once a month; and provided further, in no event shall CITY pay CONTRACTOR a sum exceeding 20% of the total sum due for services pursuant to this Agreement in any one month; and prOvided further, CITY shall pay the last 20% of the total sum due pursuant to this Agreement within forty-five (45) days after completion of the services and submittal to CITY, if all services due pursuant to this Agreement have been satisfactorily performed. The total sum stated above shall be the total which CITY shall pay for the services to be rendered by CONTRACTOR pursuant to this Agreement. CITY shall not pay any additional sum for any expense or cost whatsoever incurred by CONTRACTOR in rendering services pursuant to this Agreement. CITY shall make no payment for any extra, further or additional service pursuant to this Agreement · unless such extra service and the price therefor is agreed to in writing executed by the City Manager or other designated official of CITY authorized to obligate CITY thereto prior to the time such extra service is rendered and in no event shall such change order exceed twenty-five (25%) of the initial contract price. The services to be provided under this Agreement may be terminated without cause at any point in time in the sole and exclusive discretion of CITY. In this event, CITY shall compensate the CONTRACTOR for all outstanding costs incurred as of the date of written notice thereof and shall terminate this Agreement. CONTRACTOR shall maintain adequate logs and timesheets in order to verify costs incurred to date. The CONTRACTOR is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of a fully executed Purchase Order from the Finance Department of the City of Dublin in a form.acceptable to the CONTRACTOR and the CITY. EXHIBIT B (page 1 of 2) 7/1/01 Exhibit t5 Scope of' ServiCes City of Dublin Housing Element Update SCHEDULE OF PROFESSIONAL RATES 2001 Applicable to services furnished Dna per-hour basis Hourly Billing Classification Rate Support I $35 Support II $48 Support 111 $56 Technician $40 Technician II $43 Technician 111 $48 Associate I · $52 Associate II $56 Associate I[I $61 Senior I $68 Senior 1I $72 Senior 1II $81 Principal I $87 Pri.ncipal 1I $94 Principal 111 $105 Manager I $110 Manager II $123 Manager 1II $131 Principal Manager I Principal' Manager 11 Principal Manager I11 $151 $164 $180 All other out-of-pocket costs are reimbursable at direct cost plus 10 percent. Subcontractors are billed at direct cost plus 10 percent. Mileage is billed at IRS rate. (currently $0.345 per mile) Budget 5-2 EXHIBIT C - City Facilities CITY shall furnish physical facilities such as desks, filing cabinets, and conference space,.as may be reasonably necessary for CONTRACTOR'S use while consulting with CITY employees and reviewing records and the information in possession of CITY. The location, quantity, and time of furnishing said physical facilities shall be in the sole discretion of CITY. In no event shall CITY be obligated to furnish any facility which may involve incurring any direct expense, including, but not limiting the generality of this exclusion, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Exhibit C Page I of 1 7/1/01 EXHIBIT D GENERAL PROVISIONS 1. INDEPENDENT CONTRACTOR. At all times during the term of this Agreement, CONTRACTOR shall be an independent contractor and shall not be an employee of CITY. CITY shall have the right to control CONTRACTOR only insofar as the results of CONTRACTOR'S services rendered pursuant to this Agreement; however, CITY shall not have the right to control the means by which CONTRACTOR accomplishes services rendered pursuant to this Agreement. · 2. LICENSES; PERMITS; ETC. CONTRACTOR represents and warrants to CITY that he has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for CONTRACTOR to practice his profession. CONTRACTOR represents and warrants to CITY that CONTRACTOR shall, at his sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for CONTRACTOR to practice his profession. 3. TIME. CONTRACTOR shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of CONTRACTOR'S obligations pursuant to this Agreement. ' 4. INSURANCE REQUIREMENTS. CONTRACTOR shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the CONTRACTOR, his agents, representatives, employees or subcontractors.' The cost of such insurance shall be included in the CONTRACTOR'S bid. (a) Minimum Scope of Insurance. Coverage shall be at least as broad as: 1. 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; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001.) 2. Insurance Services Office form number CA 000i (Ed. 1/78) covering AutOmobile Liability, code 1 "any auto" and endorsement CA 0025. 3. Workers' Compensation Insurance as required by the Labor Code of the State of .California and Employers Liability Insurance. (b) Minimum Limits of Insurance. CONTRACTOR shall maintain limits no less than: 1. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 3. Workers' Compensation and Employers Liability: .Workers' Compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. Exhibit D (Page 1 of 4) 7/1/01 (c) Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the CITY, its officers, officials and emPloyees; 6r the CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. (d) Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverages. a. The CITY, its officers, officials, employees and volunteers are to be cOvered as designated additional insureds as respects: liability arising out of activities performed by or on behalf of the CONTRACTOR; products and completed operations of the CONTRACTOR, premises owned, occupied or used by the CONTRACTOR, or automobiles owned, leased, hired or borrowed by the CONTRACTOR. The coverage shall contain no sPecial limitations on the scope of the protection afforded to the CITY, its officers, officials, employees or volunteers. b. The CONTRACTOR'S insurance coverage shall be primary insurance as respects the CITY, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees or volunteers shall be excess of the CONTRACTOR'S insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the CITY, its officers, officials, employees or volunteers. d. The CONTRACTOR'S insurance shall apply separately to each such designated additional insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. Workers' Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the CITY, its officers, officials, employees and volunteers for losses arising from work performed by the CONTRACTOR for the CITY. 3. Professional Liability. CONTRACTOR shall carry professional liability insurance in the amount of $1,000,000 as deemed by the CITY to adequately protect the CONTRACTOR against liability caused by negligent acts, errors or omissions on the part of the CONTRACTOR in the course of performance of the services specified in this Agreement. 4. All Coverages. Each insurance policy required by this clause shall be endorsed to 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. (e) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A:VII. (f) Verification of Coverage. CONTRACTOR shall furnish CITY with certificates of insurance coverage required by this clause. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates are to be received and approved by. the CITY before work commences. The CITY reserves the right to read CONTRACTOR'S insurance policies in Pasadena, California during regular business hours. Exhibit D (Page 2 of 4) 7/1/01 (g) Subcontractors. CONTRACTOR shall include all subcontractors as insureds under its policies or shall furnish separate certificates for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. (h) · The Risk Manager of CITY may approve a variation in those 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. 5. CONTRACTOR NO AGENT. Except as CITY may specify in writing, CONTRACTOR shall have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent. CONTRACTOR shall have no authority, express or implied, pursuant to this Agreement to bind CITY to any obligation whatsoever. 6. ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this' Agreement shall be void and of no effect. 7. PERSONNEL. CONTRACTOR 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 removal of any such persons, CONTRACTOR shall, immediately upon receiving notice from CITY of such desire of CITY, cause the removal of such person or persons. 8. STANDARD OF PERFORMANCE. CONTRACTOR 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 CONTRACTOR is engaged in the geographical area in which CONTRACTOR practices his profession. All instruments of service of whatsoever nature which CONTRACTOR delivers to CITY pursuant to this Agreement shall be prepared in a substantial, first class and workmanlike manner and conform to the standards of quality normally observed by a person practicing in CONTRACTOR'S.profession. CONTRACTOR shall re-perform any of said services which were not in conformity with this standard provided that CONTRACTOR is notified in writing of the non-conformity within 180 days after the completion of the non-conforming service. CONTRACTOR will perform the remedial services at its own cost. 9. HOLD HARMLESS AND RESPONSIBILITY OF CONTRACTORS. CONTRACTOR shall take all responsibility for the work, shall bear all losses and damages directly or indirectly resulting to him, to any subcontractor, to the CITY, to CITY officers and employees, or to parties designated by the CITY, on account of the performance or character of the work, unforeseen difficulties, accidents, occurrences or other causes predicated on active or passive negligence of the CONTRACTOR or any subcontractor. CONTRACTOR shall indemnify, defend and hold harmless the CITY, its officers, officials, directors, employees and agents from and against any or all loss, liability, expense, claim, costs (including costs of defense); suits, and damages of every kind, nature and description directly or indirectly arising from the CONTRACTOR'S or any subcontractor's negligent performance of the work. This paragraph shall not be construed to exempt the CITY, its employees and officers from its own fraud, willful injury or violation of law whether willful or negligent. For purposes of Section 2782 of the Civil Code the parties hereto recognize and agree that this agreement is not a construction contract. By execution of this agreement CONTRACTOR acknowledges and agrees that he has read and understands the provisions hereof and that this paragraph is a material element of consideration. Approval of the insurance contracts does not relieve the CONTRACTOR or subcontractors from liability under this paragraph. Exhibit D (Page 3 of 4) 7/1/01 10. GOVERNMENTAL REGULATIONS. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, CONTRACTOR shall comply with all applicable rules and regulations to which CITY is bound by the terms of such fiscal assistance program. 11. DOCUMENTS. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda or other written documents or materials prepared by CONTRACTOR pursuant to this Agreement shall become the property of CITY upon completion of the work to be performed hereunder or upon termination of the Agreement. 12. FORCE MAJEURE. The respective duties and obligations of the parties hereunder (except CITY'S obligation to pay CONTRACTOR such sums as may become due from time to time for services rendered by it) shall be suspended while and so long as performance thereto is prevented or impeded by strikes, disturbances, riots, fire, severe weather, governmental action, war acts, acts of God, acts of the CITY, or any other cause similar or dissimilar to the foregoing which are beyond the reasonable control of the party from whom.the affected performance was due. 13. CONSEQUENTIAL DAMAGES. In no event shall CONTRACTOR or its subcontractors or vendors of any tier be liable in contract, tort, strict liability, warranty, or otherwise for any special indirect, incidental or consequential damages; such as but not limited to, loss of product, loss of use of the equipment or system, loss of anticipated profits or revenue, non-operation or increased expense of operation of other equipment of systems, cost of capital, or cost of purchased or replacement equipment or systems. Exhibit D (Page 4 of 4) 7/1/01 g:Housing/housing element/CONTRACT parsons