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HomeMy WebLinkAboutItem 8.2 RFP General Plan Community Design CITY CLERK File # OraTI[Q]-C3][J ')( \ ~ G~'- ;.:. " AGENDA STATEMENT CITY COUNCIL MEETING DATE: December 5, 2006 SUBJECT: Request for Proposal to prepare a General Plan Community Design Element, Design Guidelines for Downtown Dublin, and a Downtown Dublin Specific Plan. Report Prepared by: Jeff Baker, Senior Planner ATTACHMENTS: 1) Request for Proposal to prepare a General Plan Community Design Element, Design Guidelines for Downtown Dublin, and a Downtown Dublin Specific Plan. RECOMMENDATI~: ~~'0J~ ~ 2) Receive report and authorize Staff to distribute the Request for Proposal; and Select a City Council member to participate on the committee that will evaluate the proposals that are submitted in response to the Request for Proposal, and direct staff to work with the Planning Commission to identify a member to participate on the committee. FINANCIAL STATEMENT: Funds have been allocated to prepare a General Plan Community Design Element, and to prepare a Downtown Dublin Specific Plan including design guidelines in the fiscal year 2006/2007 budget. PROJECT DESCRIPTION: Background The Fiscal Year 2006/2007 City Council Goals and Objectives includes, as high priority goals, the preparation of a General Plan Community Design Element, and preparation of a comprehensive update to the Downtown Core Specific Plan that includes combining the Downtown Core, Dublin Downtown Plan, West Dublin BART, and San Ramon Road Specific Plans into one cohesive document. The comprehensive update to the Downtown Specific Plan would also include design guidelines. Community Design Element Staff distributed a Request for Proposal (RFP) for a Community Design Element of the General Plan on August 4, 2006. The RFP was sent to 7 different consulting firms with experience in preparing General Plan Elements. However, Staff received only 1 response to the RFP. Staff contacted the consulting firms that did not respond to the RFP and found a range of different reasons for the lack of response. Some of COPY TO: Consultant File ITEM NO. (.) I '-. .. ~ ", Page 1 of3 G:\P A#\2006\06-045 Community Design Element\ccsr 12.5.06.doc the issues included the scope of work, the relatively small size of the contract, and level of current activity within each firm. ANALYSIS: Due to the limited response received for the Community Design Element, Staff is suggesting to combine the preparation of the General Plan Community Design Element, and the Downtown Dublin Specific Plan into one consulting services contract. We believe the larger overall project will solicit a greater number of interested firms. By combining the consulting services contracts for the General Plan Community Design Element and the Downtown Dublin Specific Plan into one consulting services contract, the City can obtain a better economy of scale in the services the consultant provides, and attract attention from a number of consultants that may focus on larger projects. Additionally, by combining the two projects, work can begin on both simultaneously, and the same consultant group can ensure consistency and effective collaboration between the two projects. The combined project to prepare the Community Design Element and the Specific Plan would be defined in three tasks as outlined in the attached draft RFP (Attachment 1). The three tasks of the project are described as follows: ~ Task I - Community Design Element of the General Plan: Create a Community Design Element of the General Plan that will provide a guiding vision for future development/redevelopment throughout the City. The Community Design Element will be used as a baseline for future planning efforts Citywide. The Community Design Element would include goals and policies addressing design in the community. For example, the document would address building form and massing, and the manner in which the building interfaces with the public right- of-way. The document would also include some illustrations as examples, but would not be as detailed as design guidelines. ~ Task II - Downtown Dublin Specific Plan: Prepare a comprehensive Downtown Dublin Specific Plan. The Specific Plan will encompass the area of the existing Downtown Core Specific Plan, Dublin Downtown Plan, West Dublin BART Specific Plan, and the San Ramon Road Specific Plans. Preparation of the Downtown Dublin Specific Plan will include a review of the existing setting, an opportunities/constraints analysis, economic analysis, identification of the specific plan boundary, and an evaluation of land uses, densities, and public spaces. The Design Guidelines (noted below) will ultimately be incorporated into the Downtown Dublin Specific Plan when the Specific Plan is adopted by the City Council. ~ Task III - Design Guidelines: Create Design Guidelines for development/redevelopment of property within the future Downtown Dublin Specific Plan area. These Design Guidelines will provide specific criteria for elements such as site planning, building architecture, materials and finishes. The Guidelines will be based on the form of buildings, architectural treatments, etc., and will implement those policies of the Community Design Element (noted above) relevant to the downtown. This document will rely heavily on graphics to express design. Staff envisions the guidelines to be prepared as a part of the overall Specific Plan, however, the length of time necessary to complete the Specific Plan and associated environmental review may take longer than the Design Guidelines. If that is the case, the Design Guidelines could be adopted and implemented by way of an overlay zoning district while the remaining portions of the Specific Plan are finalized. Community input will be a part of the process to prepare the Downtown Dublin Specific Plan and associated Design Guidelines. As a part of the RFP, Staff is asking the consultants to respond with a Page 2 of3 method that is appropriate to solicit community input for this project. While there are 3 distinct tasks for the overall project, Staff is requesting in the RFP, that Consultants suggest the best approach and timing for each of these tasks. Staff further recommends the formation of a committee to evaluate the proposals submitted in response to the RFP. This committee could consist of one City Council member, one Planning Commissioner, and Staff members. As a part of Staff s recommendation, Staff is requesting the selection of one City Council member to be a part of the Evaluation Committee to select a consultant for the project and direction to have the Planning Commission appoint a member to also be a part of the Evaluation Committee. If the combining of both the Community Design Element and the Specific Plan are approved by the City Council, the RFP would be distributed to a list of consultants on December 6, 2006. The committee that consists of one City Council Member, one Planning Commissioner, and Staff members would conduct an evaluation of the proposals submitted in response to the RFP in January 2007. Staff anticipates that a contract with a qualified consultant, selected during the selection process, could be before the City Council in February 2007. RECOMMENDATION: Staff recommends that the City Council: 1) Receive the report and authorize Staff to distribute the Request for Proposal (Attachment 1); and 2) Select a City Council member to participate on the committee that will evaluate the proposals that are submitted in response to the Request for Proposal, and direct Staff to work with the Planning Commission to identify a member to participate on the committee. Page 3 of3 Date: Project Title: Description: Proposal Due: Interviews: /01 ;<t) CITY OF DUBLIN 100 Civic Plaza, Dublin, California 94568 Website: http://www.cLdublin.ca.us REQUEST FOR PROPOSAL December 6, 2006 General Plan Community Design Element, and Downtown Dublin Specific Plan The project consists of the following 3 distinct tasks: Task I: Prepare a Community Design Element of the General Plan that has policies that will guide the design vision for future development/redevelopment throughout the City. Task II: Downtown Dublin Specific Plan: Prepare a comprehensive specific plan for Downtown Dublin that combines the area comprised of the existing Downtown Core Specific Plan, Dublin Downtown Plan, West Dublin BART Specific Plan, and the San Ramon Road Specific Plan, and that has policies that will guide development/redevelopment of the specific plan area. Task III: Design Guidelines: Prepare Design Guidelines that have specific criteria regarding site planning and building architecture for development/redevelopment of property within the future Downtown Dublin Specific Plan. January 5, 2007 Week of January 15,2007 (Tentative Date) Contract Awarded: February 6,2007 (Tentative Date) Project Completed: August 31, 2008 Contact: Jeff Baker, Senior Planner Community Development Department 925-833-6610 Purpose The purpose of this Request for Proposal (RFP) is to obtain professional consulting services to assist the City with the following 3 tasks: ~ Task I - Community Design Element: Create a Community Design Element of the General Plan that will provide a guiding vision for future development/redevelopment throughout the Area Code (925) . City Manager 833-6650 . City Council 833-6650 . Personnel 833-6605 . Economic Development 833-6650 Finance 833-6640' Public Works/Engineering 833-6630.' Parks & Community Services 833-6645 . Police 833-6670 Planning/Code Enforcement 833-6610 . Building Inspection 833-6620 . Fire Prevention Bureau 833-6606 <2" r; n/' I Q..o\. /eA SO/Of:; c?Of City. The Community Design Element will be used as a baseline for future planning efforts Citywide. ~ Task II - Downtown Dublin Specific Plan: Prepare a comprehensive Downtown Dublin Specific Plan. The Specific Plan will encompass the area of the existing Downtown Core Specific Plan, Dublin Downtown Plan, West Dublin BART Specific Plan, and the San Ramon Road Specific Plan. Preparation of this specific plan will include a review of the existing setting, an opportunities/constraints analysis, economic analysis, identification of the specific plan boundary, and an evaluation of land uses, densities, and public spaces. Please refer to Attachment 1 for a vicinity map ofthe project area. ~ Task III - Design Guidelines: Create Design Guidelines that implement the policies of the Community Design Element exclusively within the future Downtown Dublin Specific Plan area. These Design Guidelines will provide specific criteria for site planning and building architecture. Back2round The City of Dublin is located at the intersection of Highways 1-580 and 1-680 in eastern Alameda County. The City was incorporated in 1982 and has a current population of approximately 42,000 people. Dublin is currently going through a rapid growth cycle with much of the growth focused on the undeveloped land in eastern Dublin. The City is also experiencing redevelopment/revitalization of existing developed areas and transit oriented development around the existing Dublin/Pleasanton Bay Area Rapid Transit (BART) Station, and the future West Dublin BART Station located in the downtown area. However, the City does not have a redevelopment agency. Historically, the City has had tremendous residential activity. At this time the City is experiencing a greater level of expressed interest for commercial development. In addition to the General Plan, the City has a series of documents that help to further guide development of the City. These documents include seven different Specific Plans, a Parks and Recreation Master Plan, Streetscape Master Plan, proposed Bikeways Master Plan, and a Village Policy Statement. Each year, the City Council develops and ranks a list of Goals and Objectives to be completed during the coming fiscal year. The Goals and Objectives for the 2006/2007 fiscal year include the preparation of a Community Design Element of the General Plan that will provide a design vision for the City, and preparation of a comprehensive update to the Downtown Core Specific Plan (including design guidelines) that includes incorporating the existing Downtown Core Specific Plan, Dublin Downtown Plan, West Dublin BART Specific Plan, and the San Ramon Road Specific Plan into one specific plan document. The City envisions that the preparation of the Downtown Dublin Specific Plan and Design Guidelines will include the identification of existing conditions, including existing development patterns and easements within the Specific Plan area. ArJ opportunities and constraints analysis, and a market analysis will be completed to evaluate the existing conditions and assist in the development of policies, programs, and a land use plan for the Specific Plan area. ArJ economic study will be necessary to evaluate the proposed land use plan and the fiscal impacts to the City. The market and economic analysis are critical components in the preparation of the Specific Plan. Therefore, Staff requests that the consultant indicate how these components will be addressed and identify the timing for completion of these components. RFP for the General Plan Community Design Element and Downtown Dublin Specific Plan 2 of 10 Purpose and Role of the Community Desi2n Element (Task I) The Community Design Element will address a variety of land uses, and provide a guiding design vision for future development Citywide. The Community Design Element will form the baseline for future planning efforts, including the proposed Design Guidelines for Downtown Dublin, and the proposed Downtown Dublin Specific Plan. " (. A/.'J'j"'.<;;.\:" ~;" '4 The Community Design Element will address design for a variety of land uses as well as transit oriented development, and development within village areas identified by the City Council. The City envisions this document to include a variety of graphic illustrations to support key design principles. The Community Design Element should promote creativity and allow for flexibility in its application to specific projects. The Community Design Element will be used by public hearing bodies, City Staff, property owners, developers and architects. Purpose and Role of the Downtown Dublin Specific Plan (Task II) The Downtown Dublin Specific Plan (DDSP) will foster development and redevelopment of the downtown area in conjunction with the West Dublin/Pleasanton Bay Area Rapid Transit (BART) station that is currently under construction. The DDSP will encourage development in the downtown area that takes advantage of the transportation opportunity presented by the new BART station, maintain and enhance the sales tax base of the downtown area, and encourage a mix of existing "big box" retail uses, and smaller retail, service, office, and mixed use development. The Design Guidelines would be incorporated into the final Specific Plan when the Specific Plan is adopted. Purpose and Role of Desi2n Guidelines for Downtown Dublin (Task III) The Design Guidelines will be a graphically based document that implements the policies of the Community Design Element in the Downtown Dublin Specific Plan project area. The Design Guidelines will provide a framework to create an overall character and design consistency throughout the downtown area. As such, the Design Guidelines will guide site planning and architecture. The Design Guidelines will encourage diverse architectural designs and an innovative use of high quality materials. The Design Guidelines will address specific guidelines for a variety of land uses and development types including, transit oriented development, pedestrian oriented development, retail, office, mixed use, suburban retail development, and residential. The Design Guidelines should also address signage, and other non-building elements such as streetscape themes, enhanced paving, and project identification monuments that could be introduced to provide visual recognition to the downtown area. The Design Guidelines should be a formed based document with a focus toward building placement, building massing, architectural treatment, site planning, and connectivity to the public right-of-way and to other properties. These guidelines could be implemented prior to completion of the Specific Plan. If the guidelines are implemented prior to the completion of the Specific Plan, an overlay district would be created and such properties within the project boundary would be subject to the Design Guidelines. Scope of Work Requirements The City of Dublin desires to retain the services of a firm that is well versed in the preparation of General Plan elements, Specific Plans, Design Guidelines, and associated environmental review. RFP for the General Plan Community Design Element and Downtown Dublin Specific Plan 3 of 10 Overall Project: ~ Review background information including the General Plan, Specific Plans (Eastern Dublin, Downtown Core, Dublin Downtown Plan, West Dublin BART, Village Parkway, San Ramon Road, and the Dublin Village Historic Area Specific Plan), Parks and Recreation Master Plan, Streetscape Master Plan, proposed Bikeways Master Plan, and Village Policy to ensure cohesion between these plans and the Community Design Element and the Downtown Dublin Specific Plan. ~ Review existing conditions and historic development patterns. Ljof;,,::; Community Design Element: y Create an overall design vision and clearly convey the vision and overall purpose of the Design Element to prospective users. ~ Illustrate key design principles through graphics, exhibits, and photographs. ~ Address design policies for a variety of land uses including residential, commercial, and industrial uses. Consideration should also be given to transit oriented development, and development within village locations identified by the City Council. These design elements should be flexible and adaptive to individual development circumstances and allow for and promote creativity. ~ Identify concepts that create a sense of place and provide linkages between uses at a human-scale and with pedestrian orientation. ~ Present clear principles and priorities and include guiding policies and implementation measures. Downtown Dublin Specific Plan: ~ Complete opportunities/constraints assessment for the public and the private realm to help guide with the land use study ofthe specific plan area. y Create a specific plan that is consistent with State regulations and includes, but is not limited to, the following sections: o Introduction, Purpose, and Project Location o Land Use Plan o Infrastructure and Maintenance o Administration and Implementation o Design Guidelines (as noted below) ~ Complete a market feasibility analysis to assist with the preparation of policies, programs, and the proposed land use plan. ~ Complete an economic study to evaluate the proposed land use plan and to identify fiscal impacts to the City. ~ Identification of permitted and conditionally permitted uses and appropriate locations of such uses. Design Guidelines: ~ Complete opportunities/constraints assessment for the public and the private realm. ~ Complete a market feasibility analysis to assist with the preparation of the design guidelines. ~ Illustrate key design guidelines through graphics, exhibits, and photographs. ~ Present guidelines for site plans, including site layout, screening, character, and transition between uses. RFP for the General Plan Community Design Element and Downtown Dublin Specific Plan 4 of 10 50.( A'[; ~ Present guidelines for building design, including building form, massing, articulation, architecture, materials and finishes, and compatibility with surrounding buildings. ~ Illustrate guidelines for signs; including building mounted signs, freestanding signs, and way finding signs, etc. ~ Identify concepts that create a sense of place and provide linkages between uses at a human-scale and with pedestrian orientation. This may include pavement treatment, signs, and streetscape elements, etc. Work Product Community Design Element: ~ Study Session 1: Facilitate a joint Study Session with the Planning Commission and City Council to solicit initial input regarding all 3 tasks of the project which includes: 1) the Community Design Element; 2) the Downtown Dublin Specific Plan; and 3) Design Guidelines. ~ Working document at key phases in preparation of the Community Design Element, including the following: o Initial document framework, and design vision and principles (Seven (7) hardcopies and one (1) electronic copy). o Proposed graphics, exhibits, and photographs that illustrate the vision and design principles (Seven (7) hardcopies and one (1) electronic copy). o Administrative Draft of the Community Design Element for Staff review and comment (Seven (7) hardcopies and one (1) electronic copy). ~ Prepare amendments to the General Plan as necessary to ensure that the Community Design Element is consistent with the other Elements of the General Plan. ~ Community Meeting: Facilitate one community meeting (or additional meetings if consultant feels warranted) and present the draft Community Design Element to property owners, developers, residents, and other interested parties, and solicit their input. y Study Session 2: Facilitate a joint Study Session with the Planning Commission and City Council to present the draft Community Design Element. ~ Final Draft Community Design Element incorporating input from the Study Session, Community Meeting and Staff input (40 hardcopies, one (1) photo ready copy, and one (1) electronic copy). ~ Attendance at and presentations of the Community Design Element to the Planning Commission and City Council at public hearings. Downtown Dublin Specific Plan: ~ Study Session 1: Facilitate a joint Study Session with the Planning Commission and City Council to elicit initial input regarding all 3 phases of the project which includes: 1) the Community Design Element; 2) the Downtown Dublin Specific Plan; and 3) Design Guidelines. ~ Community Meeting 1: Facilitate a walking tour or other means to solicit input from property owners, developers, residents, and other interested parties regarding the existing conditions, concepts for the Design Guidelines, the Specific Plan land use plan, and to form a task force of a core group of citizens to help guide the creation of the Design Guidelines and the Downtown Dublin Specific Plan Land Use Map. ~ Working document at key phases in preparation of the Downtown Dublin Specific Plan, including the following: o Opportunities/constraints analysis o Initial document framework and policies (Seven (7) hardcopies and one (1) electronic copy) RFP for the General Plan Community Design Element and Downtown Dublin Specific Plan 5 of 10 o Economic Study o Conceptual Land Use Plan o Conceptual infrastructure Plan o Administrative Draft of the Downtown Dublin Specific Plan (DDSP) for Staff review and comment (Seven (7) hardcopies and one (1) electronic copy) ~ Task Force Meeting 1: Facilitate a Task Force Meeting and present the concepts for the creation of the DDSP Land Use Map and seek input to help create this map. ~ Task Force Meeting 2: Facilitate a second Task Force Meeting and present the draft DDSP Land Use Map for review and input. ~ Task Force Meeting 3: Facilitate a third Task Force Meeting and present the revised DDSP Land Use Map based on feedback from previous task force meetings and from Staff. ~ Prepare amendments to the General Plan as necessary to ensure that the DDSP is consistent with the General Plan. ~ Community Meeting 2: Facilitate a Community Meeting and present draft DDSP to property owners, developers, residents, and other interested parties, and solicit their input. ~ Study Session 2: Facilitate a joint Study Session with the Planning Commission and City Council to present the draft DDSP. The consultant has the option to present the draft Design Guidelines at this Study Session. ~ Final Draft DDSP incorporating input from the Study Session, Community Meeting and Staff input (40 hardcopies, one (1) photo ready copy, and one (1) electronic copy). ~ Attendance at and presentations of the Downtown Dublin Specific Plan and environmental document to the Planning Commission and City Council at public hearings. ttJ Design Guidelines: ~ Study Session 1: Facilitate a joint Study Session with the Planning Commission and City Council to elicit initial input regarding all 3 tasks of the project which includes: 1) the Community Design Element; 2) the Downtown Dublin Specific Plan; and 3) Design Guidelines. ~ Community Meeting 1: Facilitate a walking tour or other means to solicit input from property owners, developers, residents, and other interested parties regarding the existing conditions, concepts for the Design Guidelines, the Specific Plan land use plan, and to form a task force or other type group to solicit community input to help guide the creation of the Design Guidelines and Downtown Dublin Specific Plan Land Use Map. ~ Working document at key phases in preparation of the Design Guidelines, including the following: o Initial document framework, principles, and guidelines (Seven (7) hardcopies and one (1) electronic copy). o Proposed graphics, exhibits, and photographs that illustrate the guidelines and principles (Seven (7) hardcopies and one (1) electronic copy). o Administrative Draft of the Design Guidelines for Staff review and comment (Seven (7) hardcopies and one (1) electronic copy). ~ Task Force Meeting 1: Facilitate a Task Force Meeting and present the framework for the Design Guidelines. ~ Task Force Meeting 2: Facilitate a second Task Force Meeting and present the draft guidelines and principles of the Design Guidelines for further review and input. ~ Task Force Meeting 3: Facilitate a third Task Force Meeting and present the revised draft guidelines based on feedback from previous task force meetings and from Staff. RFP for the General Plan Community Design Element and Downtown Dublin Specific Plan 6 of 10 7cr? f J ~ Prepare amendments to the Zoning Ordinance and eXlstmg Specific Plans as necessary to implement overlay district for properties within the project boundary that would be subject to the Design Guidelines. ~ Community Meeting 2: Facilitate a community meeting and present the draft Design Guidelines to property owners, developers, residents, and other interested parties, and solicit their input. The consultant has the option to present the revised conceptual land use plan created as part of the Specific Plan at this Community Meeting. ~ Study Session 2: Facilitate a joint Study Session with the Planning Commission and City Council to present the draft Design Guidelines. The consultant has the option to present the Downtown Dublin Specific Plan at this joint Study Session. ~ Final Draft Design Guidelines incorporating input from the Study Session, Community Meeting and Staff input (40 hardcopies, one (1) photo ready copy, and one (1) electronic copy). ~ Attendance at and presentations of the Design Guidelines to the Planning Commission and City Council at public hearings. As described above, the City anticipates that all 3 phases will have some overlap. Please describe how all three tasks would be accomplished in relation to one another and what would be accomplished for each task if there are joint/community/task force meetings that address multiple tasks (Community Design Element, Downtown Dublin Specific Plan, and Design Guidelines). Environmental Review Present the approach that will be used to address environmental review in accordance with the California Environmental Quality Act. Please include all tasks necessary and identify the associated cost and timeframe to complete the necessary tasks associated with CEQA review. Or2anization of Proposal The organization of proposals is described in this section of the RFP. This format must be followed by all potential consultants. Introduction A general introduction and description of the proposed approach and methodology shall be provided. The format of the introduction and description of the approach is at the discretion of the consultant. Scope of Work Describe the work program to accomplish the approach described above. The work program should address the issues identified in the Scope of Work Requirements and Work Product sections of this RFP and shall provide a detailed description of the work to be accomplished. The organization of the specific work activities in the plan of study should be as follows: TASK: ArJ overview of a related group of subtasks or activities. Normally one or two sentences. SUBT ASK: A detailed description of the work, including the methodology to be performed. Generally one to five paragraphs depending upon the complexity of the activities described in the subtask. OUTPUT: A description of what the result of this particular activity or subtask is. Generally one sentence. SCHEDULE: A delivery date for this particular activity or subtask. COST: Cost to obtain identified output. RFP for the General Plan Community Design Element and Downtown Dublin Specific Plan 7 of 10 <601:1 t: The task, subtask, output, cost format should be repeated throughout the plan of study until all of the proposed work has been described in detail. Schedule Describe the time schedule for each proposed task and subtask described in the Scope of Work above. Proposed work periods and completion dates, as well as the anticipated meeting dates should also be identified. The proposed project schedule should be provided in a timeline chart. Personnel, Equipment and Facilities Describe the activities of the designated Project Manager, and lead and supporting personnel. Provide resumes for those named, including their qualifications (education and experience), and their relationship and cost to the proposed project activities. If there is a team of consultants, the lead consultant should be clearly designated. All sub-consultants shall be billed through the lead consultant. The City will require that no personnel changes will be made during the project without City approval. Subconsultants List all subconsultants proposed for this project. responsibilities. Include their qualifications and specific Qualifications and References Provide a description of your firm's qualifications, a list of similar completed project and examples of such completed project. Include a list of references. Fee Schedule List the fees associated with each task that is assigned to the project. Statement of Offer and Signature The proposal shall be signed by an individual authorized to bind the consultant, shall contain a statement to the effect that the proposal is a firm offer for a 60-day period, and shall contain a statement that the proposed work will be performed at the "not-to-exceed" price. Criteria for Proposal Acceptance Primary consideration will be given to the general appropriateness of the proposal for the project, the technical competence and creative ability of the consultants (as described in the proposal), the experience of the consultant in projects of a similar nature, references, and the firm's willingness to work closely with City Staff. The City reserves the right to reject all proposals that are inappropriate or inadequate. The City reserves the right to invite the top candidates for an oral interview, or to request additional clarifying information. The highest rated firm may be invited to negotiate a final agreement. If an agreement is not reached, negotiations may be terminated and commenced with the next most qualified firm. The recommendation of the Planning Division will be submitted by the City Council for award of contract. RFP for the General Plan Community Design Element and Downtown Dublin Specific Plan 8 of 10 Limitations t/O!2 ~ All reports and pertinent data or materials shall be the sole property of the City of Dublin, and may not be used or reproduced in any form without the explicit written permission of the City. ~ The City reserves the right to extend the time allotted for the proposal, to examine verbally the bidder in person, request copies of previous work prepared by the consultant and to request a best and final offer, should the City deem that it is in its best interests to do so. ~ This RFP does not commit the City to award a contract, or to pay any costs incurred in the preparation of the proposal. The City reserves the right to accept or reject any or all proposals received as a result of this request, to negotiate with any qualified consultant, or to cancel this request in part or in its entirety. The City may require the selected consultant to participate in negotiations and to submit such technical, price, or other revisions of their proposals as may result from negotiations. Submittal Deadline Please submit seven (7) copies and one photo ready copy of your proposal by no later than 5 :00 p.m. on Friday, January 5, 2007. The consultant that is selected for this contract will be required to submit 25 copies of the proposal prior to the City Council Meeting to award the contract. If you have any questions about this RFP, please contact Jeff Baker, Senior Planner, at 925-833-6610. Enclosed is a copy of the City's Standard Consultant Services Agreement for your reference and review (Attachment 2). Please note: In accordance with California Public Code section 20103.6, potential responders are notified that the contract that will be awarded to the successful responder will include the following provision: Consultant shall indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss oflife, damage to property, or violation oflaw arises wholly from the negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. Notwithstanding the foregoing, to the extent that this Agreement is a "construction contract" as defined in California Civil Code section 2783, as amended from time to time, such duty to indemnify shall not apply when to do so would be prohibited by California Code section 2782. 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 RFP for the General Plan Community Design Element and Downtown Dublin Specific Plan 9 of 10 /0 CJ l Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. The City of Dublin mav re;ect anv and all proposals. Attachments: 1. Vicinity Map for the Downtown Dublin Specific Plan 2. City's Standard Consulting Services Agreement G:\P A#\2006\06-045 Community Design Element\RFP - CDE-DCSP.doc RFP for the General Plan Community Design Element and Downtown Dublin Specific Plan 10 of 10 /101 -~ Vicinity Map Downtown Dublin Specific Plan General Project Area I /) of CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND THIS AGREEMENT for consulting services is made by and between the City of Dublin ("City") and ("Consultant") as of i. Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as L\ 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 :'; '. the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall end on i_,i, and Consultant shall complete the work described in h 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 Assianment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to satisfy Consultant's obligations hereunder. Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed \,(\( thousand dollars ($;1), notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant's proposal, attached as regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Consulting Services Agreement between City of Dublin and Page 1 of 14 ) 1-"".. / ,'1 Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement 2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information: · Serial identifications of progress bills; Le., Progress Bill NO.1 for the first invoice, etc.; · The beginning and ending dates of the billing period; · A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion; · At City's option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense; · The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder, as well as a separate notice when the total number of hours of work by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours, which shall include an estimate of the time necessary to complete the work described in - · 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 Additional Services. City shall make no payment for any extra, further or additional services pursuant to this Agreement unless such extra service and the price therefore is agreed to in writing, executed by the City Manager or other designated official of the 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 percent (25%) of the initial contract price. Consulting Services Agreement between City of Dublin and Page 2 of 14 I l'fo,!;! 2.5 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 suchan invoice by a properly executed change order or amendment. 2.6 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the following fee schedule: 2.7 Reimbursable Expenses. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded. 2.8 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. 2.9 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. 2.10 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 coverage" insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the Consulting Services Agreement between City of Dublin and Page 3 of 14 /?Of~5- work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. 4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers' 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, or the Consultant, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement. An endorsement shall state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. 4.2 Commercial General and Automobile Liabilitv Insurance. 4.2.1 General reauirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non- owned automobiles. 4.2.2 Minimum scope of coveraQe. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) Consulting Services Agreement between City of Dublin and Page 4 of 14 1', ~... /60 covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 ("any auto"). No endorsement shall be attached limiting the coverage. 4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as an endorsement to the policy: a. City and its officers, employees, agents, and volunteers shall be covered as insured$ 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 suspended, voided, canceled by either party, reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. 4.3 Professional Liabilitv 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) covering 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) Consulting Services Agreement between City of Dublin and, Page 5 of 14 17of,;{b 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. 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 must be submitted to the City prior to the commencement of any work under this Agreement. 4.4 All Policies Requirements. 4.4.1 Acceptabilitv of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. 4.4.2 Verification of coveraQe. Prior to beginning any work under this Agreement, Consultant shall furnish City with certificates of insurance and with original endorsements effecting coverage required herein. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 4.4.3 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall 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 Consulting Services Agreement between City of Dublin and Page 6 of 14 17 /tgp/';lC such insurance are either not commercially available, or that the City's interests are otherwise fully protected. 4.4.5 Deductibles and Self.lnsured Retentions. Consultant shall disclose to and obtain the approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Consultant may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may' condition approval of an increase in deductible or self-insured retention levels with a requirement that Consultant procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them. 4.4.6 Notice of Reduction in Coveraae. In the event that any coverage required by this section is reduced, limited, or materially affected in any other manner, Consultant shall provide written notice to City at Consultant's earliest possible opportunity and in no case later than five days after Consultant is notified of the change in coverage. 4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant's breach: · Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; · Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or · Terminate this Agreement. Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage Consulting Services Agreement between City of Dublin and Page 7 of 14 /1[i to property, or violation of law arises wholly from the negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Section 6. 6.1 6.2 Section 7. 7.1 STATUS OF CONSULTANT. 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 PERS benefits. 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. LEGAL REQUIREMENTS. Governing Law. The laws of the State of California shall govern this Agreement. Consulting Services Agreement between City of Dublin and Page 8 of 14 . A. ;0 c;!? 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 ReQulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person's race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby. Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement upon 30 days' written notice to City and shall include in such notice the reasons for cancellation. 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. Consulting Services Agreement between City of Dublin and Page 9 of 14 n j '1{ l"') (?( 0 -t cA 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 Assi~nment and Subcontractin~. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant's unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement. 8.6 Options upon Breach bv Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall included, but not be limited to, the following: 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; 8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or 8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work. Section 9. KEEPING AND STATUS OF RECORDS. Consulting Services Agreement between City of Dublin and Page 10 of 14 cJ? () f;;.t; 9.1 Records Created as Part of Consultant's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties. 9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. 9.3 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 expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement. Section 10 MISCELLANEOUS PROVISIONS. 10.1 Attornevs' Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California. 10.3 Severabilitv. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any Consulting Services Agreement between City of Dublin and!( Page 11 of 14 /3olJb 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 AssiQns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties. 10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. 10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a "conflict of interest," as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code 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 91090 et.seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expen?es, 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 91090 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 Julie Carter, Assistant to the City Manager ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee. 1 0.1 0 Notices. Any written notice to Consultant shall be sent to: Consulting Services Agreement between City of Dublin and .' ,\ Page 12 of 14 7J.1 f .......-- d7(J t;;~ Any written notice to City shall be sent to: Jeff Baker Senior Planner 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 reporUdesign preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with reporUdesign responsibility," as in the following example. Seal and Signature of Registered Professional with reporUdesign responsibility. 10.12 InteQration. This Agreement, including the scope of work attached hereto and incorporated herein as' represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. CITY OF DUBLIN CONSULTANT Janet Lockhart, Mayor 1 rT18. ~, Attest: Fawn Holman, City Clerk Approved as to Form: Elizabeth Silver, City Attorney Consulting Services Agreement between City of Dublin and Page 13 of 14 ;( 'Df) I;!. EXHIBIT A SCOPE OF SERVICES Consulting Services Agreement between City of Dublin and Page 14 of 14 Fpbruary ;~~:< 2C /