HomeMy WebLinkAboutItem 4.05 StreetscapeMasterPlan CI'TY CLERK
File #1 I('.,') ,0 6)-I ¢1
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: May 4, 2004
SUBJECT: Consultant Services for the Streetscape Master Plan
Report Prepared by: Kristi Bascom, Associate Planner
ATTACHMENTS: 1. Consulting Services Agreement
RECOMMENDATION: Approve the Consulting Services Agreement in the amount of
· ~.,} ._/.~_ $25,000 with Royston Hanamoto Alley and Abey (RHAA) for work
' '~/,¢4/~~''' on the Streetscape Master Plan and authorize the Mayor execute the
Contract.
FINANCIAL STATEMENT: . The cost of consultant services for this project is $25,000, as detailed
in the attached contract and fee schedule. Sufficient funds have been
included in the FY 2003/2004 budget.
PROJECT DESCRIPTION:
Completion of the City's Streetscape Master Plan was identified as a high priority in the City Council
Goals and Objectives for the Fiscal Year 2003/2004, and funds were appropriated to support this
important project. During FY 2003/2004, Staff has been meeting internally to decide exactly what the
scope of the Master Plan should entail and determining how the work could be completed in a timely
manner. Staff concluded that in order to finish the design work for the Master Plan as expediently as
possible, a landscape design consultant should be retained.
The proposed consultant, Royston Hanamoto Alley and Abey (RHAA), has completed landscape design
work for the City in prev/ous contracts and is currently working on the design and construction of Bray
Commons Park in Dublin Ranch. RHAA has proven to be a good choice for such contracts and the City
continues to be pleased with the results of their work. Because of the specialty nature of their expertise,
and because Section 2.36.050 of the Dublin Municipal Code allows the City to hire a specialized
consultant such as a landscape architect without requiring a competitive bidding process, Staff invited
RHAA to submit a proposal for the Streetscape Master Plan. Their proposal and fee schedule is attached
as Exhibit A to the Consulting Service Agreement.
When Staff approached RItAA with the challenge of creating designs for a Streetscape Master Plan that
would blend the existing landscape and hardscape designs that are present in various neighborhoods in
Dublin with a coherent streetscape design that could be developed and implemented in Dublin's new
neighborhoods over time, the firm was very interested in the project. RHAA's strengths are in landscape
design, site planning, master planning, urban design, and recreation planning services, and Aditya Advani,
the Project Manager for the Streetscape Master Plan project, has expertise working with public agencies.
COPIES TO: Consultant
G:kStreetscape Master Plan 2003\CC Staff Report R/-IAA.doc ~ITEM NO. In-House Distrib~ ~
C
The reason the City wishes to create a Streetscape Master Plan is to:
Better coordinate streetscape design throughout the community. Currently, Dublin's street
features are designed on a project-by-project basis. For instance, the streetscape design for the
Dublin Transit Center is well-coordinated within the project, but it might be very different than the
streetscape design for the nearby future IKEA and Lifestyle Center project. The goal ora citywide
Streetscape Master Plan is to provide a cohesive framework with which all future hardscape and
landscape installations should conform.
'. Delineate clear public and private responsibilities for improving aesthetics. The Streetscape
Master Plan will incorporate guiding policies and implementation measures that will help both the
City and private developers better understand their responsibilities in installing and maintaining an
attractive streetscape presence.
Provide a mechanism for promoting Capital Improvement Projects with streetscape
improvements built in. The Streescape Master Plan will outline streetscape improvements that
can be incorporated over time. If the City has a document that clearly identifies those landscape
and hardscape features that the community thinks should be implemented; when Capital
Improvement Projects are being considered, the City has the opportunity to incorporate streetscape
considerations into the design.
RHAA's role in the Streetscape Master Planning process will be to:
· Analyze Dublin's existing streetscape (including street fumiture, plant palette, median and
sidewalk sizes, etc.) in additiOn to those streetscape plans that have been approved but not yet
installed (i.e. Transit Center, IKEA, Transit Village), and streetscape designs that have been
incorporated into various City specific plans (i.e. Village Parkway Specific Plan, West Dublin
BART Specific Plan).
· Illustrate the different streetscape themes present (or soon-to-be-present) in the community and
potential areas to enhance districts, gateways, and corridors to tie these themes together.
Prepare design alternatives for street furnishings, plant selections, gateway features, and other
design elements that would be distinct to Dublin yet help tie the various villages/districts of the
community together.
· Present the draft designs to the City for review and comment.
· Prepare the preferred designs for inclusion in the Streetscape Master Plan.
The Final Master Plan will consist of streetscape designs and a planting palette that RHAA will prepare,
as well as policies on how the Master Plan will be complied with, how the Plan will be implemented, and
how the Plan can be amended.
RHAA's consultant contract contains provisions that the consultant will only perform work on a time and
material basis within the scope of work of the contract (Exhibit A). All work will be completed by
August 15, 2004 and Staff intends to have the Heritage and Cultural Arts Commission review the
document before the final Streetscape Master Plan is brought to the City Council for its review and
approval in early Fall 2004.
Page 2 ~
SUMMARY:
The City has a standard contract for consultant services that Aditya Advani, Principal at Royston
Hanamoto Alley and Abey (RHAA), has reviewed and accepted. Exhibit A to the contract is the scope of
services and fee schedule that shows a total contract amount of $25,000.
RECOMMENDATION:
Approve the Consulting Services Agreement in the amount of $25,000 with Royston Hanamoto Alley and
Abey (RHAA) for work on the Streetscape Master Plan and authorize the Mayor execute the Contract.
Page 3 t~3
RECEIVED
APR 2 ,~ 2004
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND DUBLIN PLANNING
ROYSTON HANAMOTO ALLEY AND ABEY
THIS AGREEMENT for consulting services is made by and between the City of Dublin ("City") and
Royston Hanamoto Alley and Abey ("Consultant") as of May 5, 2004.
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 and Fee Schedule 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.i Term of Services. The term of this Agreement shall begin on the date first noted above and
shall end on August 15, 2004, and Consultant shall complete the work described in Exhibit A
prior to that date, unless the term of the Agreement is otherwise terminated or extended, as
provided for in Section 8. The time provided to Consultant to complete the services required
by this Agreement shall not affect the City's right to terminate the Agreement, as 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 Assignment of Personnel. Consultant shall assign only competent personnel to perform
services pursuant to this Agreement. In the event that City, in its sole discretion, at any time
during the term of this Agreement, desires the reassignment of any such persons, Consultant
shall, immediately upon receiving notice from City of such desire of City,'reassign such person
or persons.
i.4 Time. Consultant shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance provided in
Section 1.1 above and to satisfy Consultant's obligations hereunder.
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceedS25,000,
· notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be
performed and reimbL!rsable costs incurred under this Agreement. In the event of a conflict between this
Agreement and Consultant's proposal, attached as Exhil~it 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.
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City of Dublin and Royston Hanamoto Alley and Abey 'ATTACHMENT
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this
Agreement is based upon Consultant's estimated costs of providing the services required hereunder, including
salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree
that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities
to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no
responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a' month during the term
of this Agreement, based on the cost for services performed and reimbursable costs incurred
prior to the invoice date. Invoices shall contain the following information:
· Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
· The beginning and ending dates of the billing period;
· A Task Summary containing the original contract amount, the amount of prior billings,
the total due this period, the balance available under the Agreement, and the
percentage of completion;
· At City's option, for each work item in each task, a copy of the applicable time entries
or time sheets shall be submitted showing the name of the person doing the work, the
hours spent by each person, a bdef 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, which shall include an estimate of the time necessary
' to complete the work described in Exhibit A;
· The Consultant's signature.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred. City shall
have 30 days from the receipt of an invoice that complies with all of the requirements above to
pay Consultant.
2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this Agreement
within sixty (60) days after completion of the services and submittal to City of a final invoice,'if
all services required have been satisfactorily performed.
2.4 ~ Total Payment, City shall pay for the services to be rendered by Consultant pursuant to this
Agreement. City shall not pay any additional sum for any expense or cost whatsoever
incurred by Consultant in rendering services pursuant to this Agreement. City shall make no
payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for the entire Agreement, unless
the Agreement is modified prior to the submission of such an invoice by a properly executed
change order or amendment.
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.2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the ':
amounts shown in Exhibit A.
2.6 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit A, and shall not
exceed nine hundred dollars ($900).. Reimbursable expenses are included in the total amount
of compensation provided under this Agreement that shall not be exceeded.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes
incurred under this Agreement and any Similar federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Consultant terminates this
Agreement pursuant to Section 8, the City Shall compensate the Consultant for all outstanding
costs and reimbursable expenses incurred for work satisfactorily completed as of the date of
written notice of termination. Consultant shall maintain adequate logs and timesheets 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 perform the services required by
this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section,
and only under the terms and conditions set forth herein.
· City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be
reasonably necessary for Consultant's use while consulting with City employees and reviewing records and
the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be
in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve
incurring any direct expense, including but not limited to computer, long-distance telephone or other
communication charges, vehicles, and reproduction facilities.'
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement,
Consultant, at its own cost and expense, shall procure "occurrence coverageS' 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.
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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' 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.. 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, o~' 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 toss arising from work
performed under this Agreement.
An endorsement shall state that coverage shall not be canceled except after thirty (30) days'.
prior written notice by certified mail, return receipt requested, has been given to the City.
Consultant shall notify City within 14 days of notification from Consultant's insurer if sUch
coverage is suspended, voided or reduced in coverage or in limits.
4.2 Commercial General and Automobile Liability Insurance.
4.2.'1General requirements. Consultant, at its own cost and expense, shall maintain
commemial 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 coverage. Commercial general coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form CG
0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73)
covering comprehensive General Liability and Insurance Services Office form number
GL 0404 covering Broad Form Comprehensive General Liability. Automobile
coverage shall be at least as broad as Insurance Services Office Automobile Liability
form CA 0001 (ed. 12/90) Code 8 and 9 ("any auto"). No endorsement shall be
attached limiting the coverage.
4.2.3 Additional requirements. Each of the following shall be included in the insurance - coverage or added as an endorsement to the policy:
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a. City and its officers, employees, agents, and volunteers shall be covered as
additional insureds with respect to each of the following: liability arising out of
activities performed by or on behalf of Consultant, including the insured's
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 state that coverage shall not be canceled except after
thirty (30) days' prior written notice by certified mail, return receipt requested,
has been given to the City..Consultant shall notify City within 14 days of
notification from Consultant's insurer if such coverage is sUspended, voided
or reduced in coverage or in limits.
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 work pursuant to this Agreement in an amount not less than ONE
MILLION DOLLARS ($1,000,000) covedng the licensed professionals' errors and omissions.
4.3.1 Any deductible 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 policy 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.
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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 commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another
claims-made policy form with a retroactive date that precedes the date of this
Agreement, Consultant must provide extended reporting coverage for a
minimum of five years after completion of the Agreement or the work. The
City shall have the right to exercise, at the Consultant's sole cost and
expense, any extended reporting provisions of the policy, if the Consultant
cancels or does not renew the coverage.
d. A copy of the claim reporting requirements midst be submitted to the City prior
to the commencement of any work under this Agreement. ·
4,4 All Policies Requirements.
4.4.'1Acceptability of insurers. All insurance required by this section is to be placed with
insurers with a Bests' rating of no less than A:VII..
4.4.2 Verification of coverage. Prior to beginning any work under this Agreement,
Consultant shall 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-Insured 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 pedod covered by this Agreement, only upon the pdor express written
' authorization of Contract Administrator, Consultant may increase such deductibles or
self-insured retentions with respect to City, its officers, employees, agents, and
volunteers. The Contract Administrator may condition approval of an increase in
deductible or self-insured retention levels with a requirement that Consultant procure
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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 Coverage. 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 eadiest 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, until
Consultant demonstrates compliance with the requirements hereof; and/or
· Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall
indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers,
employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions,
damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to
property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or
in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors,
or agents, by acts for which they could be held stdctly 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 adses 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 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 matedal 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
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PEgS 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. Notwithstanding any other City, state~ or
federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its
employees, agents, and subcontractors providing services under this Agreement shall not
qualify for or become entitled to, and hereby agree to waive any and all claims to, any
compensation, benefit, or any incident of employment by City, including but not limited to
eligibility to enroll in the California Public Employees .Retirement System (PERS) as an
employee of City and entitlement to any contribution to be paid by City for employer
contributions and/or employee contributions for PEgS benefits.
6.2 Consultant No Agent. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.
Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City
to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California. shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all
laws applicable to the performance of the work hereunder.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Consultant and any subcontractors shall
comply with all applicable rules and regulations to which City is bound by the terms of such
fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its
employees, agents, and any subcontractors have all licenses, permits, qualifications, and
approvals of whatsoever nature that are legally required to practice their respective
professions. Consultant represents and warrants to City that Consultant and its employees,
agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times
during the term of this Agreement any licenses, permits, and approvals that are legally
required to practice their respective professions. In addition to the foregoing, COnsultant and
any subcontractors shall obtain and maintain during the term of this Agreement valid Business
Licenses from City.
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7.5 Nondiscrimination and Equal 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 anYservices or programs provided by Consultant under this Agreement.
Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and
requirements related to equal opportunity and nondiscrimination in employment, contracting,
and the provision of any services that are the subject of this Agreement, including but not
limited to the satisfaction of anY positive obligations required of Consultant thereby.
Consultant shall include the provisions of this Subsection in'any subcontract approved by the
Contract Administrator' or this Agreement..
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination, City may cancel this Agreement at any time and without cause upon written
notification to ConsUltant.
Consultant may cancel this Agreement at any time with written notice to City and shall include
in such n°tice 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,
computer software, video and audio tapes, and other materials provided to Consultant or
prepared by or for Consultant or the City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this
Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a
written amendment to this Agreement, as provided for herein. Consultant understands and
agrees that, if City grants such an extension, City shall have no obligation to provide
Consultant with compensation beyond the maximum amount provided for in this Agreement.
Similarly, unless authorized by the Contract Administrator, City shall have no obligation to
reimburse Consultant for any otherwise reimbursable expenses incurred during the extension
period.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the
parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a
determination of Consultant's unique personal competence, experience, and specialized
personal knowledge. Moreover, a substantial inducement to City for entering into this
Agreement was and is the professional reputation and competence of Consultant. Consultant
may not assign this Agreement or any interest therein without the prior written approval of the
Contract Administrator. Consultant shall not subcontract any portion of the performance
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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 pdor 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 RECORBS. "
9.1 Records Created as Part of Consultant's Performance. All reports, data, maps, models,
charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records,
files, or any other documents or materials, in electronic or any other form, that Consultant
prepares or obtains pursuant to this Agreement and that relate to the matters covered
hereunder shall be the property of the City. Consultant hereby agrees to deliver those
documents to the City upon termination of the Agreement. It is understood and agreed that
the documents and other materials, including but not limited to those described above,
prepared pursuant to this Agreement are prepared specifically for the City and are not
necessarily suitable for any future or other use. City and Consultant agree that, until final
approval by City, all data, plans, specifications, reports and other documents are confidential
and will not be released to third parties without pdor written consent of both parties.
9.2 ConSultant's Books and Records. Consultant shall maintain any and all ledgers, books of
account, invoices, vouchers, canceled checks, and other recOrds or documents evidencing or
relating to charges for services or expenditures and disbursements charged to the City under
this Agreement for a minimum of three (3) years, or for any longer period required by law,
from the date of final payment to the Consultant to this Agreement.
9.3 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 Government Code Section 8546.7, if the amount of public funds
Consulting Services Agreement between May 4, 2004
City of Dublin and Royston Hanamoto Alley and Abey Page 10 of 13
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 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 pady
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. No restrictions.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged
shall remain in full force and effect. The invalidity in whole or in part of any provision of this
Agreement shall not void or affect the validity of any other provision of this Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this
Agreement does not constitute a waiver of any other breach of that term or any other term of
this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and
shall apply to and bind the successors and assigns of the parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies
and other printed material on recycled paper to the extent it is available at equal or less cost
than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the
corporate limits of City or whose business, regardless of location, would place Consultant in a
"conflict of interest," as that term is defined in the Political Reform Act, codified at California
Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this
Agreement. No officer or employee of City shall have any financial interest in this Agreement
that would violate Califomia Government Code Sections 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12)
months, an employee, agent, appointee, or official of the City. If Consultant was an employee,
agent, appointee, or official of the City in the previous twelve months, Consultant warrants that
it did not participate in any manner in the forming of this Agreement. Consultant understands
that, if this Agreement is made in violation of Government Code {}1090 etlseq., the entire
Agreement is void and Consultant will not be entitled to any compensation for services
Consulting Services Agreement between May 4, 2004
City of Dublin and Royston Hanamoto Alley and Abey Page 11 of 13
performed pursuant to this Agreement, including reimbursement of expenses, and Consultant
will-be required to reimburse the City for any sums paid to the Consultant. Consultant
understands that, in addition to the foregoing, it may be subject to criminal prosecution for a
violation of Government Code. § 1090 and, if applicable, will be disqualified from holding public
office in the State of California.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or
interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by Kristi Bascom, Associate
Planner with the .Community Development Department ("Contract Administrator"). All
correspondence shall be directed to or through the Contract Administrator or his or her
designee.
10.10 Notices. Any written notice to Consultant shall be sent to:
Royston Hanamoto Alley and Abey
Attention: Aditya Advani, Principal
323 Geary Street #602
San Francisco, CA 94102
Any written notice to City shall be sent to:
Kdsti Bascom
City of Dublin Community Development Department
100 Civic Plaza
Dublin, CA 94568
10.11 Professional Seal. Where applicable in the determination of the contract administrator, the
first page of a technical report, first page of'design specifications, and each page of
construction drawings shall be stamped/sealed and signed by the licensed professional
responsible for the report/design preparation. The stamp/seal shall be in a block entitled
"Seal and Signature of Registered Professional with report/design responsibility," as in the
following example.
Seal and Signature of Registered Professional with
report/design responsibility.
10.12 Integration. This Agreement, including the Scope of Services and Fee Schedule attached
hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement
Consulting Services Agreement between May 4, 2004
City of Dublin and Royston Hanamoto Alley and Abey Page 12 of 13
between City and Consultant and supersedes' all prior negotiations, representations, or
agreements, either written or oral.
CITY OF DUBLIN CONSULTANT
Janet Lockhart, Mayor Aditya~Advani, Royston Hanamoto Alley and Abey
Attest:
Kay Keck, City Clerk
Approved as to Form:
Elizabeth Silver, City Attorney
Consulting Services Agreement between May 4, 2004
City of Dublin and Royston Hanamoto Alley and Abey Page 13 of 13
The proposed project would involve creating the design basis for a Streetscape Master Plan for the City of Dublin, including
designing alternatives for the corridors, districts, gateways, furnishings palette (trash, bike racks, bus stops, benches and light
standards) and also an for identity feature to blend with Dublin's existing streetscape and set a standard from this point forward.
The detailed work would involve the following scope of services:
Principal Staff
AA NL
$'120 $55
Task I Project Start Up
1.1 MEETING 1: Meet with client to establish program 2 2
1:2 Review all existing data, set up project files 0 4
1.3 Site visit and documentation 4 4
1.4 Project management 1 0
Hours Task 1 7 10
Fee Task 1 $840 $550
Total Task I $'1,390
Task 2 Analysis and Schematic Design
2.1 Base map for analysis diagramming 0 7
2.2 Analysis image boards of existing and proposed districts and corridors (furnishings) 1 12
2.2 Analysis image boards of existing and proposed districts and corridors (trees and medians) 1 12
· 2.3 Analysis plans of city entrances, districts and corridors 1 8
2.3 Analysis sections of city streetscapes 1 8
2.4 Case studies/image boards from other cities/countries 1 8
2.5 Alternatives for major connecting corridors (Citywide identity focus) 2 16
2.6 Alternatives for individual districts (village identity focus) 2 16
2.7 Alternatives for streetscapes furnishings/materials palette 2 16
2.8 Alternatives for gateway intersections 4 24
2.9 AIterntives for wayfinding elements and identity feature 4 24
2.10 MEETING 2: Review analysis and alternatives with Planning and Park & Rec Staff 4 4
2.11. Project management 2 0
Hours Task 2 25 155
Fee Task 2 $3,000 $8,525
Total Task 2 $'11,525
Schematic Design Defiverables:
a Existing furnishings~materials image board
b Existing/proposed street trees image board
c Analysis board - City plan, street sections and gateway intersections
d Case studies image board
e Alternatives designs - corridors
f Alternatives designs -districts
g Alternatives designs - furnishings
h Alternatives designs - gateways
i Alternatives designs - identity feature and wayfinding element
Page l of 2 '×HIBi7 A
Principal Staff
AA NL
$120 $55
Task 3 Master Plan
3.1 Incorporate staff comments into draft plans and sections 1 4
3.2 Draft designs for major connecting corridors 2 16
3.3 Draft designs for individual districts 2 16
3.4 Draft streetscape furnishings/materials selections 2 16
3.5 Draft designs for gateway intersections 4 16
3.6 Draft design for City identity feature 4 16
3.7 MEETING 3: Preseht draft designs to City Staff 4 0
3.8 Revise plans and sections per City comment 4 40
3.9 MEETING 4: Present final designs to City Staff 4 0
3.10 Coordinate final report graphics with Planning Dept 2 24
3.11 Project management 4 0
Hours Task 3 33 148
Fee Task 3 $3,960 $8,140
Total Task 3 $12,100
Total of 3 Task sections $25,015
RHAA Total Fee for project $25,000
Master Plan Deliverables:
a Final designs - corridors
b Final designs -districts
c Final designs - furnishings
d Final designs - gateways
e Final designs - identity feature and wayfinding element
Exclusions (Mil be billed at cost as extra services)
1 Cosi estimating not included
2 Compilation of streetscape base maps (we assume City will provide accuarate base maps adeqaute to complete this project)
3 Additional meetings beyond those listed
4 Water feature mechanical / electrical drawings
5 Lighting Design
6 Perspective sketches, computer models
7 Construction details or documents
8 Maintenance manuals
9 Public meetings and commission presentations will not be required.
10 Custom design of streetscape furnishings/signs/wayfinding elements
Reimbursables (not charged to project)
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