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HomeMy WebLinkAbout4.10 Com Dev Consultant Agmts Amend STAFF REPORT CITY CLERK File #600-30 CITY COUNCIL DATE:June 18, 2013 TO: Honorable Mayor and City Councilmembers FROM: Joni Pattillo, City Manager SUBJECT: Community Development Department Consultant Contract Amendments Prepared by Jeff Baker, Assistant Community Development Director EXECUTIVE SUMMARY: The Community Development Department utilizes outside consultants on an as-needed basis to assist Staff with specific areas of technical expertise, field inspections, and to handle overflow work. Staff seeks to modify the hourly rate paid to existing consultants in order to remain competitive. Staff also seeks to expand the list of on-call consultants to ensure that adequate resources are available to continue the general processing of entitlements for development projects, plan checks and inspections. The City Council will consider approving amendments to existing Consulting Services Agreements and approve entering into new Consulting Services Agreements. FINANCIAL IMPACT: All charges will be reimbursed with funds collected from project applicants in conjunction with the review of their entitlement applications, Building Permit applications, or charged to the Department budget in accordance with the adopted budget. RECOMMENDATION: Staff recommends that the City Council adopt a Resolution approving Consulting Services Agreements with Shums Coda Associates, Interwest Consulting Group, 4Leaf Incorporated, RBF Consulting, and Circlepoint to provide on-call services and fee amendments to existing agreements with A. S. Dutchover & Associates, Cannon Design Group, David L. Babby, David Babcock & Associates, Environmental Foresight, Inc., Grainger Hunt, Jerry Haag & Associates, Kluber and Associates, Inc., Paul Niemuth & Associates, Placemakers, Rosen Goldberg, Der & Lewitz, Stevenson Porto and Pierce, Urban Planning Partners, and WRA Inc. Submitted By Reviewed By Director of Community Development Assistant City Manager DESCRIPTION: ITEM NO. __4.10_______ Page 1 of 3 The Community Development Department utilizes outside consultants on an as-needed basis to assist Staff in the Building and Safety Division and the Planning Division. The Building and Safety Division contracts with consultants to handle all field inspections. The Building and Safety Division also utilizes consultants to provide overflow plan check assistance in order to ensure that Building Permits are issued in a timely manner. The consultants used by the Building Division are paid for with Building Permit application fees. The Planning Division contracts with outside consulting firms on a project-by-project basis to provide technical expertise in areas such as the California Environmental Quality Act (CEQA), biology, large scale specific plans, and design review. The Planning Division also contracts with consultants to handle overflow of work in order to ensure that applications are processed in a timely manner. Primarily, these consultants are utilized on development projects and paid for with development application fees. There are instances, however, where the consultant’s fees are paid through General Fund revenues that are budgeted for special City projects or to implement City goals. The City anticipates that the workload over the next several years will necessitate that the Department continues to retain consultant firms to provide technical expertise, field inspections, and to handle overflow work. Therefore, the Community Development Department is currently seeking approval to amend the existing Consulting Services Agreements to increase the hourly rate paid to consultants in order to remain competitive, and to enter into agreements with two additional consultants to ensure that adequate resources are available to process development projects (Attachment 1). ANALYSIS: Building and Safety Division Building and Safety Division consultants are paid an hourly rate based on their level of expertise. These consultants last received an increase in Fiscal Year 2007-2008. Staff is recommending an increase to the hourly rates as shown in the Table 1 below. The proposal hourly fees are a negotiated amount that reflects market rates and a volume discount. The proposed rates reflect an average increase of 1.17% per year over the last six years (since the last rate increase). The proposed increase is necessary in order to retain the firms that currently perform work for the City. Table 1: Building Consultant Rates Current Rate Proposed Rate Job Title FY 2007-2008 FY 2013-2014 Supervising Building Inspector $95 $103 Building Inspector III $90 $94 Building Inspector II $79 $84 Building Inspector I $58 $58 Plan Check $100 $110 Some of the current agreements were executed as far back as 2001. Therefore, Staff had the consultants execute revised agreements that are up to date and reflect the City’s standard contract language. The proposed agreements with Building Division consultants are included as Exhibits A-C of Attachment 1. Page 2 of 3 Planning Division The existing Consulting Services Agreements with Planning Division are based on a flat, hourly rate. The current hourly rate is $103.50 and took effect on July 1, 2013. In order to remain competitive and continue to be able to attract the necessary expertise, Staff proposes to amend the agreements with existing consultants to increase the rate as shown in Table 2 below. The proposed rate reflects an increase of 4.2% per year over the past six years. The agreement with Stevenson, Porto & Pierce also has a provision that enables the Consultant to provide engineering services to the Public Works Department. The Public Works Department proposes to increase the hourly rate paid for these services in order to be in line with existing Consulting Services Agreements with other engineering firms. Current Rate Proposed Rate Job Title FY 2007-2008 FY 2012-2013 FY 2013-2014 Planning Consultant $100 $103.50 $125 Public Works Consultant* -- $103.50 $135 *Applicable only to the agreement with Stevenson, Porto & Pierce. Staff also proposes to expand the list of on-call consultants, to include RBF Consulting and Circlepoint, in order to ensure that adequate resources are available to process development projects. RBF Consulting is a planning firm that can assist with processing entitlement applications and CEQA analysis. Similarly, Circlepoint has expertise in CEQA analysis. Both firms have previously provided project specific assistance to the City. Information regarding each firm and key team members is included as Attachments 2 and 3 of this Staff Report. The proposed agreements with Planning Division consultants are included as Exhibits D-S of Attachment 1. NOTICING REQUIREMENTS/PUBLIC OUTREACH: A public notice is not required for the City Council to approve a Consulting Services Agreement or to amend existing agreements. The City Council Agenda was posted in the designated posting places throughout the City. A copy of this Staff Report was made available on the City’s website. ATTACHMENTS: 1. Resolution approving Consulting Services Agreements with Shums Coda Associates, Interwest Consulting Group, 4Leaf Incorporated, RBF Consulting, and Circlepoint to provide on-call services and fee amendments to existing agreements with A. S. Dutchover & Associates, Cannon Design Group, David L. Babby, David Babcock & Associates, Environmental Foresight, Inc., Grainger Hunt, Jerry Haag & Associates, Kluber and Associates, Inc., Paul Niemuth & Associates, Placemakers, Rosen Goldberg, Der & Lewitz, Stevenson Porto and Pierce, Urban Planning Partners, and WRA Inc.; and authorizing the City Manager to execute those agreements, with the agreements attached as Exhibits A-S 2. Letter of interest and statement of qualifications from RBF Consulting 3. Letter of interest and statement of qualifications from Circlepoint Page 3 of 3 RESOLUTION NO. XX - 13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * * * * * * * * * * * APPROVING CONSULTING SERVICES AGREEMENTS WITH SHUMS CODA ASSOCIATES; INTERWEST CONSULTING GROUP; 4LEAF INC.; RBF CONSULTING; AND CIRCLEPOINT TO PROVIDE ON-CALL SERVICES, AND FEE AMENDMENTS TO EXISTING AGREEMENTS WITH A. S. DUTCHOVER & ASSOCIATES; CANNON DESIGN GROUP; DAVID L. BABBY; DAVID BABCOCK & ASSOCIATES; ENVIRONMENTAL FORESIGHT INC.; GRAINGER HUNT; JERRY HAAG & ASSOCIATES; KLUBER AND ASSOCIATES INC.; PAUL NIEMUTH & ASSOCIATES; PLACEMAKERS; ROSEN GOLDBERG DER & LEWITZ; STEVENSON PORTO & PIERCE; URBAN PLANNING PARTNERS; AND WRA INC. WHEREAS , the City Council has directed Staff to process development projects expeditiously and to hire consultants when services are needed; and WHEREAS , Staff is seeking to expand the list of on-call consultants to ensure that adequate resources are available to continue the general processing of entitlements for development projects as well as plan checks and field inspections for those projects on an as needed basis; and WHEREAS , seeking approval to amend the existing Consulting Services Agreements for on-call services to increase the hourly rate paid to consultants in order to remain competitive; and WHEREAS , the consulting firms that they have the skills and qualifications to provide the necessary services; and WHEREAS, the consultants will only perform work on a time and material basis; and WHEREAS, all costs will be reimbursed by the project applicant or charged to the Department budget in accordance with costs associated with certain projects; and WHEREAS , the contracts have been reviewed and approved by the City Attorney’s Office as to form. NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby approve Consulting Services Agreements with Shums Coda Associates, Interwest Consulting Group, 4Leaf Incorporated, RBF Consulting, and Circlepoint which are included as Exhibits A-E; and 1 of 2 BE IT FURTHER RESOLVED that the Dublin City Council does hereby approve amendments to existing agreements with A. S. Dutchover & Associates, Cannon Design Group, David L. Babby, David Babcock & Associates, Environmental Foresight Inc., Grainger Hunt, Jerry Haag & Associates, Kluber and Associates Inc., Paul Niemuth & Associates, Placemakers, Rosen Goldberg, Der & Lewitz, Stevenson Porto and Pierce, Urban Planning Partners, and WRA, which are include as Exhibits F-S; and BE IT FURTHER RESOLVED that the City Manager is authorized to execute the agreements on behalf of the City. th PASSED, APPROVED AND ADOPTED this 18 day of June 2013 by the following vote: AYES: NOES: ABSENT: ABSTAIN: __________________________________ Mayor ATTEST: City Clerk G:\Agendas\2013\Consultant Contracts\CC Reso CDD Consultant 6.18.13.doc 2 of 2 SHUMS CODA ASSOCIATES THIS AGREEMENT for consulting services is made by and between the City of Dublin ("City") and Shurns Coda Associates ("Consultant") as of July 1, 2011 Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. Consultant shall also conform to the requirements of the Special Conditions attached as Exhibit C. 1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall end one year therafter, except that this Agreement shall be automatically extended from year to year, , unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. 1.2 Standard o erformance. 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 ,arcrrnerrt of ersorrrreL 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 sUcfi desire of City, reassign Such person or persons, 1.4 Time., Consultant shall devote such firne to the performance of services pursuant to this Agreement as may be reasonably necessary to Meet the standard of perforrnance provided in Section 1.1 above and to satisfy Consultant's obligations hereunder. Section 2. COMPENSATION. City hereby agrees to pay Consultant the hourly sum set forth in the Payment Schedule contained in Exhibit B, notwithstanding any contrary indications that may be contained in Consultant's proposal or the Scope of Services, for services to be performed and reimbursable costs incurred Linder this Agreement, In the event of a conflict between this Agreement and Consultant's proposal, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the firne and in the manner set forth herein, The payments specified below sf-iall be the only payrnents 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 rnore than one person. Consulting Services Agreement between July 1, 2013 City of Dublin and ShUrnS Coda ASSOGiates Page 1 of 14 Consultant and City acknowledge and agree that compensation paid by City to Consultant Linder this Agreement is based: upon Consultant's estimated costs of providing the services required het-CUnder, 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 Linder this Agreement 2A 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.; f 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 tinder the Agreement, and the percentage of completion; f At City's option, for each work itern 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 reirnbursable expense; f The total number of hours of work performed Linder the Agreement by Consultant and each employee, agent, arid 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, 21 Monthl qtWy Pa vement® City shall make monthly payments, based on invoices received, for y__ 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 PayAient. 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 alll services required have been satisfactorily performed. 2.4 'Total P ayMent. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall rot pay any additional surer for any expense or cost whatsoever incurred by Consultant in rendering services, pursuant to this Agreement, City shall make no payment for any extra, furtl"ier, or additional service pursuant to this Agreement. Consulting Services Agreernent between July 1, 2013 City of Dublin, and Shunris, Coda Associates Page 2 of 14 lin 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 all invoice by a properly executed change order or amendment. 2.5 H,oyj!y_Pees. Fees for work performed by Consultant oil an hourly basis shall riot exceed the amounts shown on the Payment Schedule, attached as Exhibit B. 2.6 Reimbursable Expenses, [Reimbursable expenses, if any, are set forth in Exhibit 13. 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 Pa merLt 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 firnesheets in order to verify costs incurred to that (late. 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 Conti-act 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 Linder 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 ernployees 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 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 sucl"u insurance shall be included in the Consultant's bid, Consultant shall not allow any subcontractor to commence work on any SUbcoritract until Consultant has obtained all insurance required herein for the Consulting Services Agreement between July 1, 2013 City of Di.iblin and Sliurrus Coda Associates Page 3 of 14 subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and rnade part of this Agreement prior to execution, ,1 Workers' CoMpqpsLation. 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 indJirectly by Consultant. The Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not less than ONE MILLION DOI-LARS ($1,000,000.00) per accident. In the alternative, Consultant may rely on a, self-insurance program to tneet 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 prograrn rneets, the standards of the Labor Code shall be solely in the discretion of the Conti-act 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, excerpt after thirty (30) days' prior written notice by certified mail, return receipt iregr.iested, has been given to the City. 4.2.1 General reciuirements. Consultant, at its own cost and expense, shall maintain corrimercial general and automobile liability inSlUrance 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 nonce owned automobiles. 4.2.2 Minimurn scope _qLqq��rag_q. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 ("any auto"). No endorsement shall be attached limiting the coverage, Consuffing Services Agreement between July '1, 2013, City of Dublin and Shums Coda Associates Page 4 of 14 4.2.3 Additional req!!k@pjg!Ag,, Each of the following shall be included in the insurance coverage or added as an endorsement to the policy; City and its officers, employees, agents, and Volunteers shall be covered as insureds with respect, to each of the following: liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant,; products and cornpleted operations of ConSUltarit; 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. An endorsement MLISt 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 riot 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 Liabiliit&,�urance. 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 MILIJON DOLLARS ($11,000,000) covering the licensed professionals' errors and omissions. 4.11 Any deductible or self- 'insured retentiori shall riot 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, 61oua–S6-1t'in—g§'e- –rv-'-ic-`e's--A" g, -r e –m i i, e-, -n t- –b —eI w--e —en i -- . ......... .......... . . .. --------- — ------ J i j I –�y T 2 0-13' City of Dublin and Shurns Coda Associates Page 5 of '14, 4.3.4 The following provisions shall apply if the professional liability coverages are written on a claims-made form: The retroactive date of the policy must be shown and must be before the date of the Agreement. Insurance must be maintained and evidence of inSUrance must be provide(] 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 clairris-made policy form with a retroactive date that precedes tile date of this Agreement, Consultant must provide extended repor-ling 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 ConSLllt@rlt cancels or does not renew the coverage. 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 ACCO stability jpf insurers. All insurance required by this section is to be placed with insurers with a Bests" rating of no less than ANIL 4.4.2 Verification of covers 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, 4.4.13 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, Consulting Services Agreement between July '1, 20,113 City of Dublin and ShUMS Coda Associates Page 6 of 14 4x495 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 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 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, earliest possible opportunity and in no case later than five days after Consultant is notified of the change in coverage. 4.5 Remediles., IIn 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; f Order Consultant to stop work under this Agreernent or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates cornpliance with the requirements hereof; and/or f 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 frorn 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 ornissions, Of Consultant or its employees, su bco n tractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when (1:) the injury, loss of life, damage 'to property, or violation of law arises wholly from the negligence or willful rNsconduct 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 indemnify and hold harmless includes the .......... . ......... . .............. Consulting Services Agreement between July 1, 2013 City of Dublin and hurns Coda Associates Page 7 of 14 duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates arid endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This inderrinification 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 Eii-nployees Retirement System (PE S) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, arid 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, RMMMMWIMMR���� 6.1 !nLeggpdent Contractor. At all times dUring the term i of this Agreement, Consultant shall be an independent contractor and shall riot 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 13; 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 PETS benefits, 62 C�ons,ultant No Aggnt. 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 Governiqg_La L The laws of the State of California shall govern this Agreement. 7.2 gorrip L iange mAh L * A )p cable Lawa. Consultant and any subcontractors shall comply with — — ----, all laws applicable to the performance of the work hereunder. ...... . . . ............ Consulting Services Agreement between July 1, 2013 City of [Dublin and 13hurns Coda Associates Page 8 of 14 7. 3 Other Governmental Rqgglations,, 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 whatsolever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that C011SUltarit 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 Ucenses 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 requirernents 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 Agreernent. 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 I 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, COMPLIter software, video and audio tapes, and other materials provided to Consultant or prepared by or to[- Consultant or the City in connection with this Agreement, 8.2 Extenso, City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1. 1 . Any SLI1ch extension shall require a . . . .... . . ........... . . . ................ --.- . .............. ...... . . . . . . . . ............... . . .................. ..... Consulting, Services Agreement between July 1, 2013 City of Dublin arId ShURIS Coda Assodates Page 9 of 14 written amendment to this Agreement, as provided for herein. Consultant understarlds, arid 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. . Fhe parties may arriend this Agreerrient 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 riot, 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 0 tions upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, the following: 8.6.1 Immediately terminate the Agreement; 8.62 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; U.3 Retain a different consultant to complete the work described in Exhibit A riot finished by Consultant; or 8.6.4 Cl,iarge 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 R.E.QOBDS. 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 docurnerits or rnaterials, in electronic or any other form, that Consulting Services Agreement between July 1, 2013 City of Dublin and Spurns Coda Associates Page 10 of 14 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® 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, frorn the date of final payment to the Consultant to this Agreement. 9.3 Any records or documents, that Section 9,2 of this Agreement requires Consultant to rnairitain 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. MISCELLANEOUS PROVISIONS. 10A Attorneys' Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to 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 Severab 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 riot 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. Consulting Services Agreement between, July 1, 2013 City of Dublin and Shurris Coda Associates Page 11 of 14 10.4 Flom lied Waiver of Breach, The waiver of any breach of a specific provision of this Agreement does not Constitute a waiver of any other breach of that term or any other tenn of this Agreement. 10.5 Successors and 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. %A Uso of, Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to t[ie extent it is available at equal or less cost than virgin paper, 103 Conflic 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 of 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 Agreernent that would violate California Government Code Sections 1090 of seq. Consultant hereby warrants that it is not now, nor has it been in the previous twelve (1 2) months, an employee, agent, appointee, or official of the City. If Consultant was all employee, agent, appointee, or official of the City in the previous twelve months, Consultant warrants that it did not participate in any mariner in the forming of this Agreement. Consultant understands that,, if this Agreement is made in violation of Government Code §1099 etseq,, the entire Agreement is void and Consultant will not be entitled to any compensation for services perforrned pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any SLIMS 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 rneeting, 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 Chief Building Official ("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: M — Shums Coda Associates Attention: David Basinger 57'76 Stoneridge Mall Road, Suites #180 Pleasanton CA 94588 Consulting Services Agreement between JLJly 1, 2013 City of Dublin and Shurns Coda Associates, Page 1 2 of 14. Any written notice to City shall be sent to: City of Dublin Attention: City Manager 100 Civic Plaza Dublin, CA 94568 10,11 bite ration, This Agreement, induding the Scope of Woi�t E it A , Payment Sch(-,,Lule (Exhlbit 13)_qnd Special Provisions 'Exhibit Q which Exhibits are attached hereto and incorporated, heirein , represents the entire and integrated agreement between City and Consultant and supersedes aII1 prior negotiations, representations, or agreements, either, written or oral. For :CITY OF DUBLIN A Municipal Corporation Joni Pattillo, City Manager Attest: Caroline Soto, City Cleric Approved as to Form: John Bakker, City Attorney CONSULTANT avid Basinger, Principal, Chums Coda Associates Consulting Services Agreement between July 1, 2013 City of Dublin and Shums Coda Associates Page '13 of 14 12E 11110 WTA SCOPE OF SERVICES BUILDING INSPECTION AND PLAN CHECK SERVICES, Consultant shall enforce provisions of the City's Building, Residential, Electrical, Plumbing, Mechanical, Green Building Standards, Universal Design, Energy and Housing Codes; the City of Dublin's Zoning, Ordinance; and related State and local laws. Consultant shall make such inspections and investigations as may be required to effect such enforcement and issue permits as are required by the City's Ordinances and duly adopted policies. Such enforcernent shall include file duties related to the Building Official as set forth in the Dublin Municipal Code, and in the peifor-rilance of such work the Consultant shall do the following: a, Plan Review. As directed by the Chief Building Official, review plans prepared by or on behalf of appficants for compliance with the applicable Federal, State, and City ordinances and regulations. Consultant shali maintain a dose liaison with City Planning Department Staff in order to insure that appropriate requirements of the Zoning Ordinance are incorporated within the plans Submitted. Consultant shall coordinate the submittal of plans and receipt of comments from other appropriate agencies having jurisdiction in such, rnatters relative to enforcement of fire codes, sanitation codes, health codes, hazardous material regulations, and other regulatory agencies. Consultant will strive to complete the first plan check of plans submitted within ten (10) business days of receipt of complete plans from the applicant. The goal agreed to by Consultant will be to complete 95% of all complete submittals within the 10 day period. City recognizes that on large- scale projects this may not be possible and Consultant will strive for a plan review period that does not exceed fifteen (15) days on large-scale projects. T lie Consultant shall notify the Chief Building Official if the first plan check will not be completed within 10 business days. Consultant will strive to complete all second or subsequent plan checks of plans Submitted within five (5) business days of receipt of complete plans frorn the applicant. The goal agreed to by Consultant will be to complete 95% of all complete submittals within the five (5) day period. City recognizes that on large -scale projects this may not he possible and Consultant will strive for a plan review period that does not exceed ten (10) days on large-scale projects. The Consultant shall notify file Chief Building Official if the second or subsequent plan checks will not be completed within 5 business days. b, Building Inspection. Provide building inspection services during the course of construction of facilities to enforce compliance with the provisions of applicable laws including City Ordinances and regulations set forth on the plans for which the perrilit is issued. In the performance Of Such duties, Consultant shall provide prompt inspection fear each project at the completion Of the various stages of construction to determine compliance. Consultant shall provide City Manager and/or designee with relevant background information on all assigned inspection personnel prior to assignment under this Agreerrient. Consultant shall assigri competent personnel: whose background, experience, applicable certifications, and demeanor demonstrate an ability to conduct inspections of the type required under this Agreement, in accordance with City standards. ConsuIting Services Agreement between duly 1, 2013 City of Dublin and Shurns Coda Associates .Exhibit A Page 1 of 2 City Manager and/or designee shall determine acceptability of assigned inspection personnel. Consultant shall promptly identify alternate personnel in the event of a request by City Manager arid/or designee. In the event that Consultant requests a change in the assigned inspection personnel, Consultant shall bear the full cost of any training required to familiarize the assigned personnel with the current status of projects in the City. At the minimum, this shall include a one-week overlap with both inspectors. In the event that an assigned inspector is absent for a period of greater than three concurrent workdays, the Consultant will provide a qualified temporary replacernent that is approved by the City. c, iousing Code Enforcement. Under the direction of the Chief Building Official, Consultant shall enforce the City Housing Code by investigation of complaints regarding sub- standard housing conditions and when necessary, prepare cases for citation hearings, criminal proceedings in municipal court, and/or civil abatement proceedings, d. Presentation of Code Updates. In the event that the State of California adopts revisions to any of the adopted codes during the term, of this Agreement, Consultant shall assist the Chief Building Official in preparing the staff report arid necessary ordinances in advance of the State mandatory implementation date. e. Other Duties,. Consultant shall perform other related activities as requested by the City, including Building Official services. Fees for such services shall be negotiated on an as- needed basis as approved by the City Manager or his/her designee. 2. REPQRTING/PUBLIQ INFORMATION. Consultant shall be responsible for coordination of monthly and annual reports summarizing activities undertaken pursuant to this Agreernent. Reports shall be in a format and as mutually agreed by the City Manager and/or designee. As required, Consultant may prepare staff reports for City Council, including but not limited to review and adoption of related code updates. Consultant shall also assist with the preparation of informational brochures designed to assist the public with the Building and Safety process, COLLECTION OF FEES, All 'fees collected from permit applicants in connection with the carrying out of the functions set forth in this Agreement shall be collected by the City. If required, Consultant shall submit as appropriate, information and recommendations on proposed City adjustments to the adopted fee schedules. LIMITATIONS AVOIDANCE OF CONFLICTSh During the term of this Agreement, Consultant shall not provide services to any client for a project that requires any approval from the City. C011SU4ting Services Agreement between July 1, 2013 City of Dublin and Shums Cocia Associate --Exh-ibitA Page 2, of 2 120,11"1 Shurns Coda Associates VW1404m1w A. City shall pay Consultairit for services rendered in accordance with the hourly rates stated in section B. Consultant shall subrnit invoices, not more often than once per month, based upon the work completed, At the sole discretion of the City, other payment schedules may be considered. Invoices shall include an accounting of all hours by classification and task. The format and documentation included on the invoice shall be subject to approval by the City Manager and/or designee. & HOURLY RATES: The following rates include all reirnbursable or indirect costs, including but not limited to a vehicle and mobile field device (smart phone or laptop) compatible with the City's, permitting systern. 1, Supervising Building Inspector (Includes oversight of Contract Inspectors, monitoring of Inspections dernand an(] a knowledge / certification in commercial multi-family building systems.) 2. Building Inspector III (Includes knowledge and certification in commercial building systems including structural, rriechanical, plumbing, and electrical systems.) 3, Building Inspector 11 (Includes Inspection as well as any plan checking of Residential and Non-Structural Commercial/ Industrial Plans.) 4. Building Inspector I (Includes Inspection of Residential buildings) 5. Plan Checking (on or off site) (As authorized by City Manager and/or designee.) 6. Certified Access Specialist (An hourly surcharge is permitted for each Building Inspector rate listed in this Exhibit that holds an active CASp certification) Corisulting Services Agreement between City of Dublin and Shuims Coda Associates — Exhibit B $103,00 MM $84.00 EM 1,00 ,July 1, 2013 Page I of 1 [0,132ll91irltr SPECIAL PROVISIONS 1'he following provisions are hereby incorporated in the Agreement by and between Shurns Coda Associates (Consultant) and City of Dublin (City): ASSIGNED PERSON N EUSU BCONTRAC-1"O RS. The following terms and conditions are hereby agreed to by Consultant prior to the assignment of personnel or use by Consultant of subcontractors. a. Subrnittali to Qj!LManager.. The name, background and experience of any and every firm or individual to which any work outlined in this Agreement is to be performed must be submitted to the City Manager and/or designee for prior approval, b. Consultant Liable for Work of Subcontractors. Approval by the City Manager of a subcontractor shall not relieve Consultant of any liability for the work to be performed pursuant to this Agreement, nor shall such approval infer any contractual relationship between City and any subcontractor. EMERGENCY OPERATJONS ASSISTANCE. The following terms and conditions are hereby agreed to by Consultant in the event of a local or regional emergency: a. Report into the City of Dublin Emer(Itincy Operations CenterlE.Q.,a. Contract personnel will make a reasonable effort to report to the City of Dublin G.C.C. as soon as possible folilowing a local or regional emergency. Consultant shall provide emer enc re arednes,s traini Lig. All contract personnel shall maintain at all times appropriate emergency training and certification, such as ATC-20 Damage Assessment Training and Certification,. c, The Consultant shall make contract LtQierqqDqy response at the same hourl rates alld conditions specified in this contract, The Consultant acknowledges that emergency jp-s p2qse work end _gssi gnments. 2051998.1. Consulting Services Agreement between July 1, 2013 City of Dublin and Shums Coda Assoc ates -- Exhibit C Page 1 of 1 M. AaRMOMMINVOKI THE CITY OF DUBLIN AND THIS AGREEMENT for consulting services is made by and between the City of Dublin ("City") and Interwest Consulting Group, ("Consultant") as of July 1, 2013, Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A at tyre 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. Consultant shall also conform to the requirements of the Special Conditions attached as Exhibit C. 1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall end one year therafter, except that this Agreement shall be automatically extended from year to year, , unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. 12 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 As 1 �nment �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, 1A Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to rneet the standard of performance provided in Section 1,1 above ands to satisfy Consultant's obligations hereunder. Section 2. COMPENSATION. City hereby agrees to pay Consultant the hourly sum set forth in the Payment Schedule contained in Exhibit B, notwithstanding any contrary indications that may be contained in Consultant's proposal or the Scope of Services, for services, to be performed and reirribursabie costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant's proposal, 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 hereiri. 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 M City for duplicate services perforrried by more than one person. Consulting Services Agreement between July 1, 2013 City of Dublin and interwest Consulting Group Page 'I of '14 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 coritributions 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 rrionth 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: f Serial identifications of progress bills„ Le., Progress Bill No. 1 for the first invoice, etc.; f The beginning and ending dates of the billing period; f 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; f 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; f 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; f The Consultant's signature, 2.2 Monthl ..#ggthj_y 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 113!ynent. 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 Paylpent, 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 tt-fls Agreement. City shall rnake no payment for any extra, further, or additional service pursuant to this Agreement. . ..... . . . . ..................... — Consulting Services Agreement between July 1, 2013 City of Dublin and Interwest Consulting Group Page 2 of 14 In no event shall Consultant subrTift 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, 2.5 "ourllyFees. Fees for work performed by Consultant on an hourly basis shall riot exceed the amounts shown on the Payment Schedule, attached as Exhibit Ike 2.6 Reimbursable erases. Reirnbursable expenses, if any, are set forth in Exhi,[)JIB. 2.7 ?Aymqnt of Taxes. Consultant is solely responsible for the payrnent of employment taxes incurred under this Agreement and any similar federal or state taxes, 2,8 pAyfl2qRt_ upon jgmi nation, In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstan61ng costs and reimbursable expenses incurred ncurred 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 COMPLIter, 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 clarriages to property that may arise from or in connection with the performance of the work hereunder by the Consultant andl 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 forrris 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 -1.--......-----.-.-... . ................. - Consulting Services Agreernerit between July 1, 2013 City of Dublin and Inter west Consulting Group Page 3 of 14 subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shaii be submitted and made pail of this Agreement prior to execution, 4.1 W'orker§s' Com ��qnsaflon. 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 DOI-LARS ($1,000,000,00) per accident. In the alternative, Consultant may rely on a self-insurance prograrn to meet those reqUiren"Ients, 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 covet-age 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. 421 Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the terrrr 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 flie 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 shali 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 Minimurn scope of covera, e. Conirnerciial 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 I ("any aUt0`). No endorsement shall be attached limiting the coverage, Consulting Services Agreement between Jt.ily 1, 2013 City of Dublin and Interwest Consulting Group Page 4 of '14 423 Additional reqWj�qrnents. Each of the following shall be included in the insurance coverage or added as an endorsement to the policy: a. City and its officers, employees, agents, and volunteers shall be covered as insureds with respect to each of the following, liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant; premises owned, Occupied, or used by Consultant; and autOrflobiles, owned, leased, or used by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis, An endorsement rm,ist slate that coverage is primary insurance with respect to tl,-ie City and its officers, officials, employees and volunteers, and that no insurance Or SWAISUrance maintained by the City shall be called upon to contribute to a loss under the coverage, 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 riot be suspended, voided, canceled by either party, reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. 4.3 Professional Liability lnsqaqcq. 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 clairn. 432 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, 4,33 'The policy must contain a cross liability or severability of interest clause. . . . . . . ........ ----------- . .. . . . ......... Consulting Services Agreement between July 1, 2013 City of Dublin and Interwest Consultirig Group Page 0 of 14 4.14 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 Ibe provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates. G, If coverage is canceled or not renewed and it is not replaced with another claims -made policy forrn 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 clairn reporting requirements must be submitted to the City prior to the corrimencerrient of any work under this Agreement. 4.41 Accptalbllity oUinsurers. All insurance required by this section is to be placed with insurers with a Chests' rating of no less than AMI, 4,42 Verification of coverage, 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. 'Tile 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 to[, 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, ......... . C.011SUlting Services Agreenlent between July 1, 2013 City of Dublin and Interwest Consulting Group Page 6 of 14 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 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 ill deductible or self-insured retention levels with a requirement that Consultant procure a bond, guaranteeing payment of losses and related investigations, dairn administration, and defense expenses that is satisfactory in all respects to each of them. 4.4,6 Notice of Reduction in QpMpra Ag�. In the event that any coverage required by this section is reduced, limited, or materially affected in any other mariner, 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 rernedies, which are alternatives to other remedies City may have and are riot the exclusive remedy for Consultant's breach: f Obtain such insurance and deduct and retain the amount of the prerniurns for such insurance from any sums due under the Agreement; f 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 paynient, unfit Consultant demonstrates compliance with the requirements hereof; and/or f '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 arid all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or darnage, 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, drainage to property, or violation of law arises wholly from the negligence or willful misconduct of the City or its officers, employees, agents, OrVOILIrlteers and (2) the actions of Consultant or its ernf)loyees, subcontractor, or agents have contributed ill no part to the injury, loss of life, damage to property, or . . ..................... .- . ............ . . . . . .... .. . ....... . . . . . ......... Consulting Services Agreement between July 1, 2013 City of Dublin and Interwest Consulting Group Page 7 of '14 violation of law, it is understood that the duty of Consultant to irideninify 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 Linder 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 riot 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 ernployee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement Systern (PERS) to Ibe eligible for enrollment in PERS as an employee of City, Consultant shall indemnity, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, Which Would otherwise be the responsibility of City. Section 6. STATUS OF CONSULTANT. 6.1 Indep 9ndent Contractor. At all th"nes during the tern of this agreement, Consultant shall be an independent contractor arid shall not be an ernployee 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 13; 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 quality for or become entitled to, and hereby agree to waive any and all clairns to, any compensation, benefit, or any incident of employment by City, including but riot limited to eligibility to enroll in the California Public Employees Retirement Systern (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. 6.2 Consultant No A. ent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to art 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 Govern!Linyq Law. The laws of the State of California shall govern this Agreement. T2 gom lgnqe�,W h A IicabIq Laws. Consultant and any subcontractors shall comply with pj� _ jLp p . ... ... all laws applicable to the performance of the work hereunder, .......... ........ . ......... .. . ... Consulting Services Agreement between July 1, 2013 City of Dublin arid Interwest Consulting Group Page 8 of 14 7.3 Other Governmontal lie gy14fi 21)§,, 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:..p _qd qw E al 0 ortunit 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 Agreernent. 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 cornpensation 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 C011SUltarlt 01' prepared by or fou Consultant or the City in connection with this Agre&TO'It, 82 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 exterision shall require a ........... I­ . . . _....m ........ . Consulting Services Agreement between July 1, 2013 City of Dublin and interwest Consulting Group Page 9 of 14 written amendment to this Agreement, as provided for herein. Consultant Understands and agrees that, if City grants such an extension, City shalt have no obligation to provide Consultant with compensation beyond the rnaxiMUrn 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. 83 Amendments. The parties may amend this Agreement only by a writing signed by all the pities. 8,4 Assi_qnment.and SubcontMq#gIL 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 riot assign this Agreement or any interest therein without the prior written approval of the Contract Administrator, Consultant shall riot subcontract any portion of the per- formance contemplated and provided for herein, other than to the subcontractors rioted in the proposal, without prior written approval of the Contract Adiiiinistrator, 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, H Coon upon reacta Consultant, If Consultant materially breaches any of the terms of this Agreement, City's remedies shall include, 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 Agreernent; 8.6.3 Retain a different consultant to complete the work described in.Exbibit 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 andl the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work. 9.1 Records Created as Part of Consultant's Performance, All reports, data, neaps, models, charts, studies, surveys, photographs, memoranda, plans, shidies, specifications, records, files, or any other documents, or materials, in electronic or any other form, that .............. ­ .. . . . . ....... Consulting Services Agreement between July 1, 2013 City of Dublin and Interwest Consulting GrOUP flagea 10 of 14 Consultant prepares or obtains pursuant to this Agreement and that relate to tile 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 Insftecti rt 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 85463, 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 tile 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. 101 A1tqrqqM2LE22�i1 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, 102 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 irl the County of Alameda or in the United States District Court for the Northern District of California, 10.3 §Severab jflitL If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisiorls of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of thins Agreement shall riot void or affect the validity of any other provision of this Agreement. COiISLIItil'lg Services Agreement between July 1, 2013 City of Dublin and Interwest Consulting Group Page 11 of 14 IM No implied Waiver of Breach, The walver 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 Assigips. 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 Reeveled 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 actilvifies 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 perfortned 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 10190 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous twelve (1 2) months, an employee, agent, appointee, or official of the City, If Consultant was an ernpioyee, agent, appointee, or official of the City in the previous twelve months, Consultant warrants that it did not participate in any manner in tile forming of this Agreement. Consultant understands 'that, if this Agreement is made in violation of Government Code §1090 et ' seq,, the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, iincluding 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 Chief Building Official ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee. 10.10 I Notices Any written notice to Consultant shall be sent to: V Notices. Interwest Consulting Group Attention: Michael Kashiwagi 9300 West Stockton Blvd. Suite # '105 Elk Grove CA, 95758 C011SUlting Services Agreement between July 1, 2013 City of Dublin and Interwest Corisulting Group Page 12 of 14 Any written notice to City shall be sent to City of Dublin Attention: City Manager 100 Civic Plaza Dublin, CA 94568 10.11 Irate. This Agreervient, including the ��coe o�fWojK(LExhijb A, Pa q9 i e (Exhibit and -ovis:: 'Exhibit jjiL ions Ex C), which Exhibit,.:, are attached hereto an(,,,] _�peqial Pi, incorporated herein , represents the entire and integrated agreement between City and Consultant and supersedes, all prior negotiations, representations, or agreements, either written or oral. For:CITY OF DUBLIN A Municipal Corporation Joni Pattillo, City Manager Im Caroline Soto, City Clerk Approved as to Form: John Bakker, City Attorney CONISULTANT ichael Kashi i , (Municipal Services Director C011SUffing Services Agreement between July 1, 2013 City of Dublin arid Interwest Corisulting Group Page 113 of 14 107,411 MN1194111MMINWOM BUILDING INSPEC]FION AND PLAN C1 ECK SERVICES. Consultant shall enforce provisions of the City's WIding, Residential, Electrical, Plumbing, Mechanical, Green Building Standards, Universal Design, Energy and Housing Codes; the City of Dublin's Zoning Ordinance;, and related State and local laws, Consultant shall make such inspections and investigations as may be required to effect such enforcement and issue permits as are required by the City's Ordinances and duly adopted policies. Such enforcement shall include the duties related to the WIding Official as set forth in the Dublin Municipal Code, and in the performance of such work the Consultant shall do the following: a, Plan Review. As directed by the Chief Building Official, review plans prepared by or on behalf of applicants for compliance with the applicable Federal, State, and City ordinances and regulations. Consultant shall maintain a close liaison with City Planning Department Staff in order to insure that appropriate requirements of the Zoning Ordinance are incorporated within the plans submitted. Consultant shall coordinate the submittal of plans and receipt of comments frorn other appropriate agencies having jurisdiction in such matters relative to enforcement of fire codes, sanRatlon codes, health codes, hazardous material regulations, and other regulatory agencies Consultant will strive to complete the first plan check of plans subry0ted within ten (10) business days of receipt of complete plans from the applicant. The goal agreed to by Consultant will be to complete 95% of all complete submittals witl,iin the 10 day perbd. City recognizes that on large-- scale projects this may riot be possible and Consultant will strive for a plan review period, that does not exceed fifteen, (15) days on large-scale projects, The Consultant shall notify the Chief Building Official if the first plan check will not be completed within '10 business days. Consultant will strive to complete all second or subsequent plan checks of plans submitted within five (5) business days of receipt of complete plans from the applicant. The goal agreed to by Consultant will be to complete 95% of all complete submittals within the five (5) day period. City recognizes that on large -scale projects this may not be possible and Consultant will strive for a plan review period that does not exceed ten (10) days on large-scale projects, The Consultant shall notify the Chief Building Official if the second or subsequent plan checks will not be completed within 5 business days, b. LuiLd inn _Ins, ecfiort.. Provide building inspection services during the course of construction of facilities to enforce compliance with the provisions of applicable laws including City Ordinances and regulations set forth on the plans for which the permit is issued. In the performance of such duties, Consultant shall provide prompt inspection for each project at the completion of the various stages of construction to determine compliance, Consultant shall provide City Manager and/or designee with relevant background information on all assigned inspection personnel prior to assignment under this Agreement. Consi.dtant shall assign competent personnel whose background, experience, applicable certifications, and demeanor demonstrate an ability to conduct inspections of the type required under this Agreement, in accordance with City standards, C011SUltIng Services Agreement between Afly 1, 2013 City of Dul,,)Iin and Interwest Consulting group--E-xhibil. A Page 1 of 2 City Manager and/or designee shall determine acceptability of assigned inspection personnel. , Consultant shall promptly identify alternate personnel in the event of a, request by City Manager and/or designee, In the event that Consultant requests, a change in the assigned inspection personnel, Consultant shall bear the full cost of any training required to familiarize the assigned personnel with the current status of projects in the City. At the minimum, this shall include a one-week overlap with both inspectors. In the event that an assigned inspector is absent for a period of greater than three concurrent workdays, the Consultant will provide a qualified temporary replacernent that is approved by the City, c. lJousing Code Enforcement. Under the direction of the Chief Building Official, Consultant shall enforce the City Housing Code by investigation of complaints regarding SUb., standard housing conditions and when necessary, prepare cases for citation hearings, criminal proceedings in municipal court, and/or civil abatement proceedings. cl. Presentation of Code U —M(k t�Ls. In the event that the State of California adopts revisions to any of the adopted codes during the term of this Agreement, Consultant shall assist the Chief Building Official in preparing the staff report and necessary ordinances in advance of the State mandatory implementation date. e, Other Duties. Consultant shall perform other related activities as requested by the City, including Building Official services, Fees for such services shall be negotiated on an as- needed basis as approved by the City Manager or his/her designee. REPORT] N G/PUBLIC INFORMATION. Consultant shall be responsible for coordination of monthly and annual reports summarizing activities undertaken pursuant to this Agreement. Reports shall be in a format and as mutually agreed by the City Manager and/or designee. As required, Consultant may prepare staff reports for City Council, including but not limited to review and adoption of related code updates. Consultant shall also assist with the preparation of informational brochures designed to assist the public with the Building and Safety process, C.OLLE.CTlON OF FEES. All fees collected from permit applicants in connection with the carrying out of the functions set forth in this Agreement shall be collected by the City, If required, Consultant shall submit as appropriate, information and recommendations on proposed City adjustments to the adopted fee schedules. LIMITATIONS (AVOlDANCE OF CONFLICia). During the terry of this Agreement, ConSUltant shall not provide services to any client fear a project that requires any approval fi-orn the City. Consulting Services Agreernent between July 1, 2013 City of Dublin and Interwest, Consulting Group.. .-Exhibit A Page 2 of 2 Interwest Consulting Group PAYMENTSCHEDUL A. City shall pay Consultant for services rendered in accordance with the hourly rates stated in section B. Consultant shall submit invoices, not more often than once per month, based upon the work completed. At the sole discretion of the City, other payment schedules may be considered. invoices shall include an accounting of all hours by classification and task, The format and documentation included on the invoice shall be subject to approval by the City Manager and/or designee. B, HOURLY RATES: The following rates include all reimbursable or indirect costs, including but not limited to a vehicle and mobile field device (smart phone or laptop) compatible with the City's permitting system. 1, Supervising Building Inspector (Includes oversight of Contract Inspectors, monitoring of Inspections demand and a knowledge I certification in commercial multi- family building systerns.) 2. Building Inspector III: (Includes knowledge and certification in commercial building systems including structural, rnechanical, plumbing, and electrical systems.) 3. Building Inspector 11 (Includes Inspection as well as any plan checking of Residential and Non. Structural Commercial/ Industrial Plans,) 4, Building Inspector I (Includes Inspection of Residential buildings) 5. Plan Checking (on or off site) (As authorized by City Manager and/or designee.) 6. Certified Access Specialist (An hourly Surcharge is permitted for each Building Inspector rate listed in this Exhibit that holds an active CASp certification) Consulting Services Agreement between City of Dublin and Interwest Consulting GrOUID — Exhibit B $'103-00 RM MM $58.00 $110.00 $1 M ,July 1, 2013 Page 'I of 1 SPECIAL PROVISIONS The following provisions are hereby incorporated in the Agreement by and between Interwest Consulting Group (Consultant) and City of Dublin (City): ASSIGNED PERSONNEL/SUBCONTRACTORS, The following terms and conditions are hereby agreed to by Consultant prior to the assignment of personnel or use by Consultant Of Subcontractors. a. Subrnittal to City _Mpeager, The name, background and experience of any and every firm or kidividual to which any work outlined in this Agreement k to be performed rnust be submitted to the City Manager and/or designee for prior approval, Consultant Liable for Work of Subcontractors. Approval by the City Manager of a subcontractor shall not relieve Consultant of any liability for the work to be performed pursuant to this Agreement, nor shall such approval infer any contractual relationship between City and any subcontractor. EMERGENCY OPERATIONS ASSISTANCE. The following terms and condition are hereby agreed to by Consultant in the event of a local or regional emergency: a, Re oit rrrtcr the City fi Dublin EmeQency Operations (,enter E.O.0 Contract personnel ) well retake a reasonable effort to report to the City of Dublin E,O,C, as soon as possible following a local or regional emergency. b, Consultant shall _provide ernes jEncIp Dqredness.1rqi r . All contract personnel shall maintain at all IgL _ �!i Lq_ firnes appropriate emergency training and certification, S' Uch as ATC-20 Damage Assessment Training and Certification, C. The Consultant shall make contract personnel and Consultant resources available for empanua resDonse at the same hourly rates and conditions spgcijied in Phis craLtract. d. 'The Consultant acknowledges that emergency ns in work hours and assigjqments. 2051998A . . . ............ Consulting Services Agreement between July 1, 2013 City of Dublin and Interwest C011SUlting Group—Exhibit C Page 1 of 1 CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND THIS AGREEMENT for consulting services is made by arid between the City of Dublin ("City"') and 41-eaf Iric., ("Consultant") as of July 1, 2013, Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and irr 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. Consuftant shall also conform to the requirements of the Special Conditions attached as Exhibit C. 1.1 Term of Services. The term of this Agreement shall begin on the date, first noted above and shall end one year therafter, except that this Agreement shall be automatically extended from year to year, , unless the term of the Agreement is otherwise terminated or extended, 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, allwork products reqUired by this Agreernent in a substantial, first-class manner and shall C011f0rrn to the standards of quality norrnM y observed by a person practicing in Consultant's profession, 1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement, In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons, 1.4 Time. Consultant shall devote such time to the perlon"nance 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 obfigations, hereunder. Section 2. COMPENSATION. City hereby agrees to pay Consultant the hourly SUrn set forth in the Payment Schedule contained in Exhibit B, notwithstanding any contrary indications that may be contained in Consultant's proposal or the Scope of Services, for services to be perforr-ned and reimbursable costs incurred under this Agreement, In the event of a conflict between this Agreement and Consultant's proposal, regarding the arrIOUnt of compensation, the Agreement shall prevail, C4y shall pay Consu[tarrt 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 JLriy 1, 2013 City of Dublin and 4-Leaf Inc Page 1 of 14 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 subcontractor., may be eligible. City therefore has no responsibility for Such contributions, beyond compensation required Linder this Agireement. 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 folloMng information: f 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 bakince 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 show4-ig 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 inumber 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. Monthly Payment. City shall make rrionthly payrnents, 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. ® Final Pavrnent. City shall pay the last 10% of the total sunn due pursuant to this Agreement within sixty (60) days after completiort of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed, 2, Total _Pj4ynjgnt, City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall riot pay any additional surn for any expense or cost whatsoever incurred by Consultant in rendering set-vices pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement, Consufting Services Agreeinent between July 1, 2013 City of Dublin and 41._eaf lric Page 2 of 14 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. 2.5 HOUH Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the Payment Schedule, attached as Exhibit 13. 2.6 Reimbursable Expenses. Reimbursable expenses, if any, are set forth in Exhibit B, 2.7 FqyMent 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 terrnination. Consultant shalt 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 rnay be reasonably necessary for Cori su Itarit's, use while consulting with City employees arid 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 ino event shall City be obligated to furnish any facility that may involve incurring any direct expense, rnClUcling 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 perforrriance 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 Consulting Services Agreement between JUIY 1, 2013 City of Dublin and 41-eaf Inc Page 3 of 14 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 Workem' CompeqsqUon. Consultant shall, at its sole cost and expense', maintain Sta tu to ry'Worke rs' 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 lirnits 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, 421 Generaljggyjj me ,, Consultant, at its own cost and expense, shall maintain commercial general and automobile Lability insurance for the term of this Agreement in an amount not less than ONE MILL-ION 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, includ,ing death resulting therefrom, and damage to property resulting from activities, conternplated under this Agreement, including the use of owned and non- owned automobiles, 4.2.2 Minimum scope of,qoven e. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11188) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and 111SUrance Services Office form number GL 0404 covering Broad Form Corriprehensive General I iabifity. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code I ("'any auto"). No endorsement shall be attacf-ied limiting the coverage, Consulting Services Agreement between July 1, 2013 City of Dublin and ZILeaf Inc Page 4 of 14 42.3 Additional regykqpjq!kts. Each of the following shall be induced in the insurance coverage or added as an endorsement to the policy: a. City and its officers, employees, agents, and volunteers shall be covered as insureds with respect to each of the following: liability arising out of activifies performed by or on behalf of Consultant, including the insured's general Supervision of Consultant; products and completed operations of Consultant; prern ses owned, occupied, Or used by Consultant; and automobiles owned, leased, or used by the ConSLIttant, The coverage shall contain no special limitations on tile 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 nlaH, return receipt requested, has been given to the City, 4.3 Professional qgq ility lnsu� . ConSUltant, at its own cost and expense, shall _ __. maintain for the period covered by this Agreement professional Hability insurance 'for licensed professionals performing work pursuant to this Agreement in an amount not less than ONE MILLION IDOLLA RS ($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 All endorsement shall state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits, except after thfi1y (30) days' prior written notice by certified nail, return receipt requested, has been given to the City, 4,.3.3 'File POIJCY MUSt contain a Gross liability or severabd4y of interest clause. . ................................................ . -.— . . . . ...... . ...... . ........................ . ...................... ---- . . .. ................. . . -- ............ . .... . ..... . . ........... . .................. Consulting Services Agreement between July 1, 2013 City of DubHn and 4Leaf inc Flage 0 of 1d. 43A The following 1.,)rovisions shall appiy if the professional liability coverages are written on a claims-rnade 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 cornmerGiaHy available at reasonable rates, 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. Fhe 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, A copy of the cairn reporting requirements must be Submitted to the City prior to the commencement of any work under this Agreernent, 4.4.1 Acceptability of insurers. Ali insurance required by this section is to be planed with insurers with a Bests' rating of no less than A:VII, 4.4.2 Verification of covorage. 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 polices 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 riot commercially available, or that the City's interests are otherwise fully protected, Consulting Service;. Agreement between July 1, 2013 City of Dubfiri and 41-eaf Inc Page 6 of 14 A. 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 period covered by this Agreement, only upon the prior express written authorization of Contract Adaflnistrator, 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, clairri administration, and defense expenses that is satisfactory in all respects to each of them, ®. Notice of Reduction in Covera e. in the event that any coverage required by 9 _ 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 Tails 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 if 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 an losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or, damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violaflon 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 Consul[arit or its employees, subcontractor, or agents have contribute(] in no part to the injury, loss of life, damage to property, or .............. . ............... ............. . ................. Consulting Services Agreement between July 1, 2013 City of Dublin and 4 Leaf Inc Page '7 of 14 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 COrISUltant 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 (P RS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indernnify, 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 other-wise be the responsibility of City. Section 6. s"rATLIS 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 13; however, otherwise City shall not have the right to control tl,-ie means by which Consultant accomplishes services rendered Pur -suant 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. 6,2 Consultant No A. ent. Except as City may specify in writing, Consultant shall have no authority, express or impfied, 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'.11 Governi 1119 Law, The laws of the State of California shall govern this Agreement. —. —nn--nn— . 7'.2 COMPlianCe with Applicable Laws. Consultant and any subcontractors shall comply with jL all laws applicable to the performance of the work hereunder, .................... . ........................... . .. . -------------------------------------------- nnn-- . . ........._r Consulting Services Agreement between July 1, 2013 City of Dublin and 41..eaf Inc Page 8 of 14 73 Other GovernrnentqLRq9Wgtjqp.§, 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 ernployees, agents, and any subcontractor's have all licenses, permits, qualifications, and approvals of whatsoever nature that are Ieg ally 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 EqMgL0ppqqunity, 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 eiriployrnent, 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 cornpiy 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 sul')ject of this Agreement, including but not IHimited 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 Agreernent, Section & 'TERMINATION AND MODIFICATION, 8.1 Termination. City may cancel this Agreernent at any tirne 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 a-ititled 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 11 Any such extension shall require a — ----- . .. . . .... . . ........ . .......... . . .... .. . ... . ...... -..— Consulting Services Agreernent between A0y 1, 2013 City of Dublin and 4Leaf Inc, Page 9 of 111 written arnendmei-)t to this Agreement, as provided for herein. Consultant understands and agrees that, it City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maxii-num amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, C4y shall have no obligation to reimburse Consultant for any otherwise reirnbursable 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 arid 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 substantiaU 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 AdiTiiiiisti'atoi-, Consultant shall not subcontract any portion of the performance contemplated and provided for hereiri, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. 8. 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 Pp bv f!2rjg� up2n reach Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, the following: 8. 6.1 Immediately terminate the Agreement; 8.6. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant PUMUarit to this Agreement; 8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or U.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 arnOUnt that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work. section 9. KEEPING AND STATUS OF RECORDS., 9A Records Created as P ' art of Consultant'sPerformance. Ali reports, data, reaps, rnodels, charts, studies, surveys, photographs, mernor-anda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consulting Services Agreement between July 1, 2013 City of Dublin arid 41..eaf Ino Page 10 of 14 Consultant prepares or obtains pursuant to this Agreement and that relate to the inatters 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 riot 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. ConSWtant 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 rninimurn 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 rnade available for inspection, audit, arid/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 arrIOU11t 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. 10,11 Atto ran e s. 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 exclusivOy 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 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 riot void or affect the validity of any other provision of this Agreement. Consulting Services Agreernent between July 1, 2013 City of Dublin and 41-eaf Inc Page 11 of 14 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 provisioris 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 RecyqJ!!4!1,.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 Reforrn Act, codified at California Governryient 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 Agreenient that would violate California Government C.ode Sections 1090 et seq. Consultant hereby warrants that it is not now, riot, has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Consultant was an ernployee, 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 etseq., the entire Agreement is void and Consultant will not be entified to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reirriburse 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, fOCLIS group, or interview related to this Agreement, either orally or through any written materials, '10.9 Contract Administration. This Agreement shall be administered by Chief Building Official ("Contract Administrator"), Ail correspondence shall be directed to or through the Contract Administrator or his or her designee, 10.10 Notices. Any written inotice to Consultant shall be sent to- 41-eaf, Inc, Attention: Kevin Duggan 2110 Rheern Drive Suite A Re canton CA 94588 Consulting Services Agreement between July 1, 2013 City of [Xiblin and 4Leaf Iric Page '12 of 14 Any written notice to City shall be sent to: City of Dublin Attention: City Manager 100 Civic Plaza Dublin, CA 94568 10.11 Irate g!gfiqj This Agreement, including the Scoptqf Worl�lExif�[)iLA)i[2alli rat . , LledUle (Exhibit B) arid Special Provi= L ) ,,Jipns Exhibit C , which Exhibits are attached hereto and incorporated herein , represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreernents, either written or oral. For ;CITY OF DUBLIN A MunOpal Corporation Joni Pattillo, City Manager FAM Caroline Soto, City Clerk Approved as to Form: . ......... . ............ ---- . . . .... 56-h-�'—Ba-ld(er, City Attorney CONSULT�N-T m. .......... . . ..... . . ..... . ........ . . .. . ... . .......................... Kevin Duggan,, siden't 4L.eaf Inc Consulting Services Agreement between July 1, 2013 City of Dublin and 4Leaf Iric Page '13 of 14 SCOPE OF SERVICES BUILDING INSPECTION AND PLAN CHECK SERVICES, Consultant shall enforce provisions of the City's Building, Residential, Electrical, Plumbing, Mechanical, Green Building Standards, Universal Design, Energy and Housing Codes; the City of Dublin's Zoniilg Ordinance; and related State and local laws. Consultant shall make such inspections and investigations as may be required to effect Such enforcement and issue permits as are required by the City's Ordinances and duly adopted policies. Such enforcement shall include the duties related to the Building Official as set forth in the Dublin Municipal Code, and in the performance of Such work the Consultant shall do the following: a, Plan Review, As directed by the Chief Building Official, review plans prepared by or on behalf of applicants for compliance with the applicable Federal, State, and City ordinances and regulations. Consultant shall maintain a close liaison with City Planning Department Staff in order to insure that appropriate requirements of the Zoning Ordinance are incorporated within the plans Submitted, Consultant shall coordinate the submittal of plans and receipt of comments frorn other appropriate agencies having jurisdiction in such matters relative to enforcement of fire codes, sanitation codes, health codes, hazardous material regulations, and Other regulatory agencies, Consultant wills strive to complete the first plan check of plans submitted within ten (1 fl) business days of receipt of complete plans from the applicant. The goal agreed to by Consultant will be to complete 95% of all complete submittals within the 10 day period, City recognizes that on large- scale projects this may not be possible and Consultant will strive for a plan review period that does not exceed fifteen (15) days on large-scale projects, The Consultant shall notify the Chief Building Official if the first plan check will not be completed within 10 business days. Consultant will strive to complete all second or subsequent plan checks of plans submitted within five (5) business days of receipt Of complete plans from the applicant. The goal agreed to by Consultant will be to complete 95% of all complete subrnittals within the five (5) day period. City recognizes that on large - scale projects this may not be possible and Consultant will strive for a plan review period that does not exceed ten (1 td) days on large - scale projects. The Consultant shall notify the Chief Building Official if the second or subsequent plan checks will not be completed within 5 business days, b. Building Inspection, Provide building inspection services during, tile course of construction of facilities to enforce compliance with the provisions of applicable laws including City Ordinances and regulations set forth oil the plans for which the permit is issued. In the performance Of Such duties, Consultant shall provide prompt inspection for each project at the completion of the various stages of construction to determine compliance. Consultant shall provide City Manager and/or designee with relevant background information on all assigned inspection personnel prior to assignment under this Agreement. Consultant shall assign competent personnel whose background, experience, applicable certifications, and demeanor dernonstrate an ability to conduct inspections of the type required under this Agreement, in accordance with City standards. Consulting Services Agreement between July 1, 2013 City of Dublin and 4Leaf I ric.--.Exhd)it A Page 'I of 2 City Manager and/or designee, shall determine acceptability of assigned inspection personneL Consultant shall promptly identify alternate personnel in the event of a request by City Manager and/or designee. In the event tl"iat Consultant requests a change in the assigned inspection personnel, Consultant shall bear the full cost of any training required to familiarize the assigned personnel with the current status of projects in tl')e City. At the minimum, this shall include a one-week overlap with both inspectors. In the event that an assigned inspector is absent for a period of greater than three concurrent workdays, the Consultant will provide a qualified temporary replacement that is approved by the City. c. Housing Code, Enforcement. Under the direction of the Chief Building Official, Consultant shall enforce the City Housing Code by investigation of complaints regarding sub- standard housing conditions and when necessary, prepare cases for citation hearings, criminal proceedings in municipal Court, and/or civili abatement proceedings. d. Presentation of Code Updates. In the event that the State of California adopts revisions to any of the adopted codes during the term of this Agreement, Consultant ,,..,'hall assist the Chief Building Official in preparing the staff report and necessary ordinances in advance of the State mandatory implementation date. e. Other Duties. Consultant shall perform other related activities as requested by the City, including Building Official services, Fees for such services shall be negotiated on an as- needed basis as approved by the City Manager or his/her designee. ' PORTING/PUBLIC INFORMATION, Consultant shall be responsible for coordination of monthly and annual reports summarizing activities undertaken pursuant to this Agreement. Reports shall be in a format and as Mutually agreed by the City Manager and/or designee. As required, Consultant may prepare staff reports for City Council, including but not limited to review and adoption of related code updates. Consultant shall also assist with the preparation of informational brocl"wres designed to assist the public with the Building and Safety process. COLLEC'nCiN OF FEES. All fees collected from permit applicants in connection with the carrying out of the functions set forth in this Agreement shall be collected by the City. If required, Consultant shall submit as appropriate, information and recommendations on proposed City adjustments to the adopted fee schedules. 4. 1-1 MITATIONSIAVOl DANCE OF CONFLICTS During the term of this Agreement, Consultant shall not provide services to any client for a project that requires any approval from the City, Consulting Services Agreement between July '1, 2013 City of Dublin and 41-eaf Inc.—Exhibit A Page 2 of 2 VaIRNORM, A. City shall pay Consultant for services rendered in accordance with the hourly rates stated in section B. Consultant shall submit invoices, not more often than once per month, based upon the work completed. At the sole discretion of the City, other f')aymerit schedules may be considered. Invoices shall include an aCGOUnfing of all hours by classification and task. The forrTiat and documentation included one the invoice shall be subject to approval by the City Manager and/or designee. HOURLY RATES: 'rhe following rates include all reimbursable or indirect costs, including but not limited to a vehicle and mobile field device (smart phone or laptop) compatible with the City's permitting system. 1, SLJpervisingBukding Inspector $103,00 (Includes oversight of Contract Inspectors, monitoring of Inspections demand and a knowledge / certification in commercial multi-family building systems.) 2, Building Inspector 111 $94.00 (includes knowledge and ceilffication in commercial building systerns including structural, mechanical, plumbing, and electrical systems,) 3. Building Inspector H $84.00 (Includes lrispection as well as any plan checking of Residential and Non-Structural Commercial/ Industrial Plans,) 4, Building Inspector 1 $58.00 (Includes Inspection of Residential buildings) 5. Plan Checking (on or off site) $110.00 (As authorized by City Manager and/or designee.) 6. Certified Access Specialist $1.00 (An hourly Surcharge is peniiitted for each Building Inspector rate listed in th s Exhibit that holds an active CA Sp certification) Consulting Servic>es Agreement between July 1, 2013 City of DUbfin and 4Leaf Inc.,, Exhibit B Page 1 of I 11,01HE SPECIAL PROVISIONS The following provisions are hereby incorporated in the Agr(zerrient by and between 41.eaf Inc. (Consultant) and City of Dublin (City): ASSIGNED PERSONNEUSUBCONTRACTORS. The following terms and conditions are hereby agreed to by Consultant prior to the assignment of personnel or use by Consultant of subcontractors. a. Submittal to Qjty Manager, The name, background and experience of any and every firm or individual to which any work outlined in this Agreement is to be performed ITILISt be submitted to the C Ky Manager and/or designee for prior approval. b. Consultant Liable for Work of Subcontractors, Approval by the City Manager of a subcontractor shall not relieve Consultant of any liability for the work to be performed pursuant to this Agreement, nor shall such approval infer any contractual relationship between City and any subcontractor, EMERGENCY OPERATIONS ASSISTANCE The following terrns and conditions are hereby agreed to by Consultant in the event of a local or regional emergency: a. Report into the Cky of Dublin Ernp ig,n,§ . ... _Qpnter E-.O_,C.1 Contract personnel will make a reasonable effort to report to the City of Dublin E.O.C. as soon as possible following a local or regional emergency, b. Q o.nsuItant,s!jqj_!_provide emergency � edness training_ All contract personnel shall maintain at all firnes, appropriate emergency training and certification, such as ATC-20 Damage Assessment Training and Certification, C. The Consultant shall make contract personnel and Consultant resources available for � �ercxja jgs Ronst.at the same hourly s e ified in this contract, ]'he Consultant acknowledggs �'ia[ q�qLe E!L!)jpy,n- i iat Lor work hours, and assignments. 2051998,1 Consulting Services Agreement between July 1, 2013 City of IDubliin and 4-Leaf Inc., Exhibit C ["age 1 of 1 CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND RBF CONSULTING PLANNING AND ENVIRONMENTAL SERVICES THIS AGREEMENT for consulting services is made by and between the City of Dublin ( "City ") and RBF Consulting ( "Consultant ") as of June 18, 2013. Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall end one year thereafter, except that except that the Agreement shall be automatically extended from year to year unless the Agreement is otherwise terminated as provided for in Section 8. 1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession. Consultant shall prepare all work products required by this Agreement in a substantial, first -class manner and shall conform to the standards of quality normally observed by a person practicing in Consultant's profession. 1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.2 above and to satisfy Consultant's obligations hereunder. Section 2. COMPENSATION. City hereby agrees to pay Consultant the hourly sum set forth in Exhibit B, notwithstanding 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 Consultants proposal attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Consulting Services Agreement between June 18, 2013 City of Dublin and RBF Consulting Page 1 of 13 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. Said invoices shall reflect the specific tasks and timetables identified in Exhibit A attached. Invoices shall contain the following information: • Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.; • The beginning and ending dates of the billing period; • A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion; • At City's option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense; • The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder, as well as a separate notice when the total number of hours of work by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours, 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 Additional Work Not Authorized. 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 June 18, 2013 City of Dublin and RBF Consulting Page 2 of 13 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 such an 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 in Exhibit B. 2.7 Reimbursable Expenses. Payment shall be limited to the hourly rates contained in Exhibit B. No reimbursable expenses shall be paid. 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. Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure "occurrence coverage" insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consulting Services Agreement between June 18, 2013 City of Dublin and RBF Consulting Page 3 of 13 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 Liability Insurance. 4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non - owned automobiles. 4.2.2 Minimum scope of 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 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: Consulting Services Agreement between June 18, 2013 City of Dublin and RBF Consulting Page 4 of 13 City and its officers, employees, agents, and volunteers shall be covered as insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Consultant; products and completed operations of Consultant; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers. The insurance shall cover on an occurrence or an accident basis, and not on a claims -made basis. C. An endorsement must state that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self- insurance maintained by the City shall be called upon to contribute to a loss under the coverage. 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, except after thirty (30) days' prior written notice has been given to the City. 4.3 Professional Liability Insurance. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing 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, except after thirty (30) days' prior written notice 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: The retroactive date of the policy must be shown and must be before the date of the Agreement. Consulting Services Agreement between June 18, 2013 City of Dublin and RBF Consulting Page 5 of 13 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. 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 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than ANIL 4.4.2 Verification of coverage. 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 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 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 Consulting Services Agreement between June 18, 2013 City of Dublin and RBF Consulting Page 6 of 13 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 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 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 by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not 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. Consulting Services Agreement between June 18, 2013 City of Dublin and RBF Consulting Page 7 of 13 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. 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 PERS 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 Consulting Services Agreement between June 18, 2013 City of Dublin and RBF Consulting Page 8 of 13 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 ten (10) 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. 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. Consulting Services Agreement between June 18, 2013 City of Dublin and RBF Consulting Page 9 of 13 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 contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement. 8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall included, but not be limited to, the following: 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; 8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or 8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work. Section 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of Consultant's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that 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 Consulting Services Agreement between June 18, 2013 City of Dublin and RBF Consulting Page 10 of 13 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 Attorneys' Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to 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 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. Consulting Services Agreement between June 18, 2013 City of Dublin and RBF Consulting Page 11 of 13 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 §1090 et.seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California. 10.8 Solicitation. Consultant agrees not to solicit business at 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 Luke Sims, Community Development Director ( "Contract Administrator "). All correspondence shall be directed to or through the Contract Administrator or his or her designee. 10.10 Notices. Any written notice to Consultant shall be sent to: Bill Wiseman, Vice President RBF Consulting 3180 Imjin Road, Suite 110 Marina, CA 93933 Any written notice to City shall be sent to: Jeff Baker Assistant Community Development Director City of Dublin Community Development Department 100 Civic Plaza Dublin, CA 94568 Consulting Services Agreement between June 18, 2013 City of Dublin and RBF Consulting Page 12 of 13 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 Integratiom This Agreement, including the scope of work attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. CITY OF' DUBLIN Joni L. Pattillo, City Manager City of Dublin Attest Caroline Soto, City Clerk Approved as to Form: John D. Bakker, City Attorney COrU'LT, A T � Bill Wiseman, Vice President RBF Consulting GACONTRACTS\Plann�ng Consuftants\RBF On-CaIARBF Contract 6.18.13.doc Consulting Services Agreement between June 18, 2013 City of Dublin and RBF Consulting Page 13 of 13 EXHIBIT A SCOPE OF SERVICES Provision of Planning, Public Works, and other development services including, but not limited to, environmental, architectural, landscape architectural, and or biological consulting services to the City of Dublin regarding processing of: • Development entitlements • City of Dublin projects Said services shall be performed at the direction of the Community Development Director on an as needed basis. Adjustment of Rates Hourly rates shall be those set forth in Exhibit B (Compensation Schedule). Consulting Services Agreement between June 18, 2013 City of Dublin and RBF Consulting EXHIBIT B COMPENSATION SCHEDULE City hereby agrees to pay Consultant a sum not to exceed $125.00 per hour Consultant shall not bill for any reimbursable items Consulting Services Agreement between June 18, 2013 City of Dublin and RBF Consulting CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND CIRCLEPOINT ON -CALL CONTRACT FOR ENVIRONMENTAL SERVICES THIS AGREEMENT for consulting services is made by and between the City of Dublin ( "City ") and Circlepoint ("Consultant ") as of June 18, 2013. Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Services attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on July 1, 2013 and shall end one year thereafter, except that the Agreement shall be automatically extended from year to year unless the Agreement is otherwise terminated, as provided for in Section 8, 1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession. Consultant shall prepare all work products required by this Agreement in a substantial, first -class manner and shall conform to the standards of quality normally observed by a person practicing in Consultant's profession. 1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.2 above and to satisfy Consultant's obligations hereunder. Section 2. COMPENSATION. City hereby agrees to pay Consultant the hourly sum set forth in the Compensation Schedule contained in Exhibit B, notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant's proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. 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. Consulting Services Agreement between June 18, 2013 City of Dublin and Circlepoint Page 1 of 11 2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information: • Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.; • The beginning and ending dates of the billing period; • A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion; • At City's option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense; • The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder, as well as a separate notice when the total number of hours of work by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours; • The Consultant's signature. 2.2 Monthly Payment. City shall make payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant. 23 fliesorved.1 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. 2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the Compensation Schedule contained in Exhibit B. 2.6 Reimbursable Expenses. Payment shall be limited to the hourly rates contained in Exhibit B. No reimbursable expenses shall be paid. 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 Consulting Services Agreement between June 18, 2013 City of Dublin and Circlepoint Page 2 of 11 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 may furnish physical facilities such as desks, telephone service, filing cabinets, and conference space, as may be reasonably necessary for Consultant's use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. Section 4. INSURANCE REQUIREMENTS, Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure "occurrence coverage" insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant 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. 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. Consulting Services Agreement between June 18, 2013 City of Dublin and Circlepoint Page 3 of 11 4.2 Commercial General and Automobile Liability Insurance 421 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of non -owned automobiles. 4.2.2 Minimum scope of covers e. Commercial general coverage shall be at least as broad as insurance Services Office Commercial General Liability occurrence form CG 0001. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 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: City and its officers, employees, agents, and volunteers shall be covered as insureds with respect to each of the following. liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant; premises owned, occupied, or used by Consultant; and automobiles leased, or hired 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. 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. 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 Consulting Services Agreement between June 18, 2013 City of Dublin and Circlepoint Page 4 of 11 4.3 Profess_ onal 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) 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) 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 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. 4.4.2 Verification of coverage. 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. Consulting Services Agreement between June 18, 2013 City of Dublin and Circlepoint Page 5 of 11 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 Citys 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 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 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 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 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 Consulting Services Agreement between June 18, 2013 City of Dublin and Circlepoint Page 6 of 11 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. STATUS OF CONSULTANT. 6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. 6.2 Waiver of Employee Benefits. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, 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. 6.3 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 Consulting Services Agreement between June 18, 2013 City of Dublin and Circlepoint Page 7 of 11 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. 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 thirty (30) days' written notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, 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. Consulting Services Agreement between June 18, 2413 City of Dublin and Circlepoint Page 8 of 11 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 contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement. 8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall included, but not be limited to, the following: 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; 8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or 8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work. Section 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of Consultant's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that 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. Consulting Services Agreement between June 18, 2013 City of Dublin and Circlepoint Page 9 of 11 9.3 Inspection and Audit o , Records. Any records or documents that Section 9.2 of this Agreement —p • f 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 Attorneys' Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to 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 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 do Implied Waiver off Breach. The waiver of any breach of a specific provision of this Agreement 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 — Y P p 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 Consulting Services Agreement between June 18, 2013 City of Dublin and Circlepoint Page 10 of 11 made in violation of Government Code §1090 ef.seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California. 10.8 Solicitation. Consultant agrees not to solicit business at 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 the Planning Manager ( "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: Cheryl Lee, Chief Financial Officer Circlepoint 1814 Franklin Street, Ste, 1000 Oakland, CA 94612 Any written notice to City shall be sent to: Jeff Baker Assistant Community Development Director City of Dublin 100 Civic Plaza Dublin, CA 94568 10.12 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. CITY OF DUBLIN Joni Pattillo, City Manager Attest: Caroline Soto, City Clerk Approved as to Form: John Bakker, City Attorney CONSULTANT 0 Scott Steinwert, President Consulting Services Agreement between June 18, 2013 City of Dublin and Circlepoint Page 11 of 11 EXHIBIT A SCOPE OF SERVICES Provision of Planning, Public Works, and other development services including, but not limited to, environmental, architectural, landscape architectural and/or biological consulting services to the City of Dublin regarding: o Processing of development entitlements o City of Dublin projects Said services shall be performed at the direction of the Community Development Director on an as- needed basis. Adiustment of Rates Hourly rates shall be those set forth in Exhibit B (Compensation Schedule). Consulting g Services Agreement between June 18, 2013 City of Dublin and Circlepoint f Exhibit A Page 1 of 1 EXHIBIT B COMPENSATION SCHEDULE City hereby agrees to pay Consultant a sum not to exceed $125,00 per hour. Consultant shall not bill for any reimbursable items. Consulting Services Agreement between June 18, 2013 City of Dublin and Circlepoint ] Exhibit B Page 1 of 1 This amendment is made and entered into this 181h day of June, 2013, by and between the City of Dublin, a municipal corporation ("City"), and A.S. DLitchover & Associates ("Consultant"), Collectively, the City and the Consultant are referred to as the "Parties." WHEREAS, effective July 1, 2012, the Parties entered into a Consulting Services Agreement in which the Consultant agreed to provide Landscape Architecture services to City ("Agreement"); and WHEREAS, in Exhibit B to the Agreement, City agreed to pay Consultant at a rate not to exceed $103.50 per hour; and WHEREAS, Staff is requesting an adjustment of rates commencing July 1, 2013; and WHEREAS, the Parties seek to adjust the hourly rate to $125.00 per hour. NOW, THEREFORE, in consideration of the covenants contained herein, the Parties hereto agree as follows: Section 1. Exhibit B of the Agreement is amended to read as follows: City hereby agrees to pay Consultant a sum not to exceed $125.00 per hour for work commendI ng on or after July 1, 2013. Consultant shall not bill for any reimbursable items. Section 2. The existing Agreement remains in effect except as specifically modified herein. IN WITNESS THEREOF, the Parties hereto have executed this amendment as of the day and year first written above, Joni: Patfillo, City Manager Attest: Caroline Soto, City Clerk CONSULTANT / *Land' Al Dutchover, Landscape Arch AMENDMENT NUMBER ONE TO CONSULTING SERVICES AGREEMENT BETWEEN CITY OF DUBLIN AND THE CITY OF DUBLIN AND CANNON DESIGN GROUP ON -CALL CONTRACT FOR PLANNING SERVICES This amendment is made and entered into this 18th day of June, 2013, by and between the City of Dublin, a municipal corporation ( "City), and Cannon Design Group (Consultant "). Collectively, the City and the Consultant are referred to as the "Parties." RECITALS WHEREAS, effective July 1, 2012, the Parties entered into a Consulting Services Agreement in which the Consultant agreed to provide planning and architectural services to City ( "Agreement "); and WHEREAS, in Exhibit B to the Agreement, City agreed to pay Consultant at a rate not to exceed $103.50 per hour; and WHEREAS, Staff is requesting an adjustment of rates commencing July 1, 2013; and WHEREAS, the Parties seek to adjust the hourly rate to $125.00 per hour. NOW, THEREFORE, in consideration of the covenants contained herein, the Parties hereto agree as follows: Section 1. Exhibit B of the Agreement is amended to read as follows: City hereby agrees to pay Consultant a sum not to exceed $125.00 per hour for work commencing on or after July 1, 2093. Consultant shall not bill for any reimbursable items. Section 2. The existing Agreement remains in effect except as specifically modified herein. IN WITNESS THEREOF, the Parties hereto have executed this amendment as of the day and year first written above. CITY OF DUBLIN Joni Pattillo, City Manager Attest: Caroline Soto, City Clerk CONSULTANT / "0�6111_4 Larry Canno rincipal AMENDMENT NUMBER ONE TO CONSULTING SERVICES AGREEMENT BETWEEN CITY OF DUBLIN AND THE CITY OF DUBLIN AND DAVID L. BABBY ON-CALL CONTRACT FOR ARBORIST SERVICES This amendment is made and entered into this 181" day of June, 2013, by and between the City of Dublin, a municipal corporation ( "City "), and David L. Babby ( "Consultant'). Collectively, the City and the Consultant are referred to as the `Parties." RECITALS WHEREAS, effective July 1, 2012, the Parties entered into a Consulting Services Agreement in which the Consultant agreed to provide planning and arborist services to City ( "Agreement'); and WHEREAS, in Exhibit B to the Agreement, City agreed to pay Consultant at a rate not to exceed $103.50 per hour; and WHEREAS, Staff is requesting an adjustment of rates commencing July 1, 2013; and WHEREAS, the Parties seek to adjust the hourly rate to $125.00 per hour. NOW, THEREFORE, in consideration of the covenants contained herein, the Parties hereto agree as follows: Section 1. Exhibit B of the Agreement is amended to read as follows: City hereby agrees to pay Consultant a sum not to exceed $125.00 per hour for work commencing on or after July 1, 2013. Consultant shall not bill for any reimbursable items. Section 2. The existing Agreement remains in effect except as specifically modified herein. IN WITNESS THEREOF, the Parties hereto have executed this amendment as of the day and year first written above. CITY OF DUBLIN Joni Pattillo, City Manager Attest: Caroline Soto, City Clerk CONSULT T David L. Babby, Principal This amendment is made and entered into this 186 day of June, 2013, by and between the City of Dublin:, a municipal corporation ("City"), and David E. Babcock & Associates ( "Consultant "). Collectively, the City and the Consultant are referred to as tile "Parties." MAROM WHEREAS, effective July 1, 2012, the Parties entered into a Consulting Services Agreement in which the Consultant agreed to provide planning and architectural services to City ("Agreement"); and WHEREAS, in Exhibit B to the Agreement, City agreed to pay Consultant at a rate not to exceed $103,50 per hour; and WHEREAS, Staff is requesting an adjustment of rates commencing July 1, 2013; and WHEREAS, the Parties seek to adjust the hourly rate to $125.,00 per hour, NOW, THEREFORE, in consideration of the covenants contained herein, the Parties hereto agree as follows: i 1111111 1 1 ;Iiilii III City hereby agrees to pay Consultant a sum not to exceed $125.00, per hour for work commencing on or after July 1, 2013. Consultant shall not bill for any reimbursable items, Section 2. The existing Agreement remains in effect except as specifically modified herein, IN WITNESS THEREOF, the Parties hereto have executed this amendment as of the day and year first written above, CITY OF DUBLIN MMEEMIM= Attest: Caroline Soto, City Clerk CONSULTANT David E. Babcock, Principal This amendment is made and entered into this 1811, day of June, 2013, by and between the Uty of Dublin, a municipal corporation ("City"), and Environmental Foresight, Inc, ("Consultant"), Collectively, the City and the Consultant are referred to as the "Parties," RECITALS WHEREAS, effective October 18, 2011, the Parties entered into a Consulting Services Agreement in which the Consultant agreed to provide landscape plan review services to City ("Agreement"): and WHEREAS, Exhibit B to said agreement was amended whereby the City agreed to pay Consultant at a rate not to exceed $103.50 per hour beginning on July 1, 2012; and WHEREAS, Staff is requesting an adjustment of rates commencing July 1, 2013; and WHEREAS, the Parties seek to adjust the hourly rate to $12�5.00 per hour, NOW, THEREFORE, in consideration of the covenants contained herein, the Parties hereto agree as follows: Section 1. Exhibit B of the Agreement is amended to read as follows: City hereby agrees to pay Consultant a sung not to exceed $125.00 per hour for work commencing or) or after July 1, 2013, Consultant shall not bill for any reimbursable items. Section 2. The existing Agreement remains in effect except as specifically modified herein, IN WITNESS THEREOF, the Parties hereto have executed this amendment as of the day and year first written above, CITY OF DUBLIN am Caroline Soto, City Clerk ONS IAI' ,"" Scott Feuer, Senior Principal AMENDMENT NUMBER ONE TO CONSULTING SERVICES AGREEMENT BETWEEN CITY OF DUBLIN AND THE CITY OF DUBLIN AND GRAINGER HUNT ON -CALL CONTRACT FOR ECOLOGICAL SERVICES This amendment is made and entered into this 18th day of June, 2013, by and between the City of Dublin, a municipal corporation ( "City "), and Grainger Hunt ( "Consultant "). Collectively, the City and the Consultant are referred to as the "Parties." RECITALS WHEREAS, effective July 1, 2012, the Parties entered into a Consulting Services Agreement in which the Consultant agreed to provide ecological services to City ( "Agreement "); and WHEREAS, in Exhibit B to the Agreement, City agreed to pay Consultant at a rate not to exceed $103.50 per hour; and follows: WHEREAS, Staff is requesting an adjustment of rates commencing July 1, 2013; and WHEREAS, the Parties seek to adjust the hourly rate to $125.00 per hour. NOW, THEREFORE, in consideration of the covenants contained herein, the Parties hereto agree as Section 1. Exhibit B of the Agreement is amended to read as follows: City hereby agrees to pay Consultant a sum not to exceed $125.00 per hour for work commencing on or after July 1, 2013. Consultant shall not bill for any reimbursable items. Section 2. The existing Agreement remains in effect except as specifically modified herein. IN WITNESS THEREOF, the Parties hereto have executed this amendment as of the day and year first written above. CITY OF DUBLIN CONSULTANT Joni Pattillo, City Manager Grainger Hunt Attest: Caroline Soto, City Clerk Rol MOI N s This amendment is made and entered into this 131th day of June, 2013, by and between the City of Dublin, a municipal corporation ("City"), and Jerry Haag ("Consultant"). Collectively, the City and the Consultant are referred to as the "Parties." WHEREAS, effective July 1, 2012, the Parties entered into a Consulting Services Agreement in which the Consultant agreed to provide environmental services to City ("Agreement"); and WHEREAS, in Exhibit B to the Agreement, City agreed to pay Consultant at a rate not to exceed $103,50 per hours and WHEREAS, Staff is requesting an adjustment of rates commencing July 1' 2013; and WHEREAS, the Parties seek to adjust the hourly rate to $125,00 per hour. NOW, THEREFORE, in consideration of the covenants contained herein, the Parties hereto agree as follows: Section 1. Exhibit B of the Agreement is amended to read as follows: City hereby agrees to pay Consultant a sum not to exceed $125.00 per hour for work commencdng on or after July 1, 2010. C017srrlt8nt shall not hill for any relrnbursable items. Section 2. The existing Agreement remains in effect except as specifically modified herein, IN WITNESS THEREOF, the Parties hereto have executed this amendment as of the day and year first written above, Joni Pattillo, City Manager Attest: Caroline Sato, City Clerk CONSULTANT Jerry as , Princip This amendment is made and entered into this 18fil day of June, 2013, by and between the City of Dublin, a municipal corporation ("City"), and KIriher and Associates, Inc, ( "Consultant "), Collectively, the City and the Consultant are referred to as the "Parties," WHEREAS, effective October 18, 2011, the Parties entered into a Consulting Services Agreement in which the Consultant agreed to provide landscape plan review services to City ( °Agreement "); and WHEREAS, Exhibit E to said agreement was amended whereby the City agreed to pay Consultant at a rate not to exceed $103.50 per hour beginning on July 1, 2012; and WHEREAS, Staff is regluesting an adjustment of rates commencing July 1, 20'13; and WHEREAS, the Parties seek to adjust the hourly rate to $125.00 per hour, NOW's, THEREFORE, in consideration of the covenants contained herein, the Parties hereto agree as follows: Section 1. Exhibit E of the Agreement is amended to read as follows: City hereby agrees to pay Consultant a sum not to exceed $125,00 per hour for work commencing on or after July 1„ 2013. Consultant shall not bill for any reimbursable items. Section 2. The existing Agreement remains in effect excerpt as specifically modified herein, IN WITNESS THEREOF, the Parties hereto have executed this amendment as of the day and year first written above, $ Joni Pattillo, City Manager Attest; CONSULTANT Frank !Tuber, Principal I @I M, 00 kill a Arlam ffim, This amendment is made and entered into this 18th day of June,, 2013, by and between the City of Dublin, a municipal corporation ("City"), and Paul' Niemuth & Associates ("Consultant"), Collectively, the City and the Consultant are referred to as the "Parties," fix#] WHEREAS, effective July 1, 2012, the Parties entered into a Consulting Services Agreement in which the Consultant agreed to provide landscape architecture services to City ("Agreement"); and WHEREAS, in Exhibit B to the Agreement, City agreed to pay Consultant at a rate not to exceed $103.50 per hour; and WHEREAS, Staff is requesting an adjustment of rates commencing July 1, 2013 and WHEREAS, the Parties seek to adjust the hourly rate to $125,00 per hour, follows: NOW, THEREFORE, in consideration of the covenants contained herein, the Parties hereto agree as Section 1. Exhibit B of the Agreement is amended to read as follows: City hereby agrees to pay Consultant a suin not to exceed $125,00 per hour for work commencing on or after July 1, 2013, Consultant shall not bill for any reimbursable items, Section 2, Thee existing Agreement remains in effect except as specifically modified herein, IN WITNESS THEREOF, the Parties, hereto have executed this amendment as of the day and year first written above, Attest: C LT T 01 Paul Ni;muth CITY • DUBLIN AND PLACEMAKERS ON-CALL CONTRACT FOR ENVIRONMENTAL SERVICES This amendment is made and entered into this 18th day of June, 2013, by and between the City of Dublin, 9. municiN al corporation ("City and Placemakers ("Consultant"), Collectively, the City and the Consultant are referred to as the "Parties," ',ITAEREAS, effective July 1, 2012, the Parties entered into a Consulting Services Agreement in which the Consultant agreed to provide environmental services to City ('Agreement"); and WHEREAS, in Exhibit B to the Agreement, City agreed to pay Consultant at a rate not to exceed $103.50 per hour; and 10111011 III II lII!1111111111111 11 1111111 1111111111 1111111 111111111 111111111 � �I 11111111 1 �� I I I I III TO III City hereby agrees to pay Consultant a sum not to exceed $125,00 per hour for work commencing on or after July 1, 2013, III TVITNESS THEREOF, the Parties hereto have executed this amendment as of the day and year firo written above. 5III%ri WI-17"171797 Attest: AMENDMENT NUMBER ONE TO CONSULTING SERVICES AGREEMENT BETWEEN CITY OF DUBLIN AND ROSEN GOLDBERG DER & LEWITZ, INC. ON -CALL CONTRACT FOR ACOUSTICAL & AUDIOVISUAL SERVICES This amendment is made and entered into this 18th day of June, 2013, by and between the City of Dublin, a municipal corporation ( "City "), and Rosen Goldberg Der & Lewitz, Inc. ( "Consultant "). Collectively, the City and the Consultant are referred to as the "Parties." RECITALS WHEREAS, effective July 1, 2012, the Parties entered into a Consulting Services Agreement in which the Consultant agreed to provide acoustical and audiovisual services to City ( "Agreement "); and WHEREAS, in Exhibit B to the Agreement, City agreed to pay Consultant at a rate not to exceed $103.50 per hour; and WHEREAS, Staff is requesting an adjustment of rates commencing July 1, 2013; and WHEREAS, the Parties seek to adjust the hourly rate to $125.00 per hour. follows NOW, THEREFORE, in consideration of the covenants contained herein, the Parties hereto agree as : Section 1. Exhibit B of the Agreement is amended to read as follows: City hereby agrees to pay Consultant a sum not to exceed $125.00 per hour for work commencing on or after July 1, 2013. Consultant shall not bill for any reimbursable items. Section 2. The existing Agreement remains in effect except as specifically modified herein. IN WITNESS THEREOF, the Parties hereto have executed this amendment as of the day and year first written above. CITY OF DUBLIN Joni Pattillo, City Manager Attest: Caroline Soto, City Clerk CONSULTANT' Harold Goldberg, Principal AMENDMENT NUMBER ONE TO CONSULTING SERVICES AGREEMENT BETWEEN CITY OF DUBLIN AND STEVENSON PORTO & PIERCE, INC. ON-CALL CONTRACT FOR PLANNING SERVICES This amendment is made and entered into this IP day of June, 2013, by and between the City of Dublin, a municipal corporation ( "City "), and Stevenson Porto & Pierce, Inc. ( "Consultant "). Collectively, the City and the Consultant are referred to as the "Parties." RECITALS WHEREAS, effective July 1, 2012, the Parties entered into a Consulting Services Agreement in which the Consultant agreed to provide planning services to City ( "Agreement "); and WHEREAS, in Exhibit B to the Agreement, City agreed to pay Consultant at a rate not to exceed $103.50 per hour; and WHEREAS, Staff is requesting an adjustment of rates commencing July 1, 2013; and WHEREAS, the Parties seek to adjust the hourly rate to $125.00 per hour. NOW, THEREFORE, in consideration of the covenants contained herein, the Parties hereto agree as follows; Section 1. Exhibit B of the Agreement is amended to read as follows: City hereby agrees to pay Consultant a sum not to exceed $125.00 per hour for Planning Services work commencing on or after July 1, 2013. City hereby agrees to pay Consultant a sum not to exceed $135 per hour for Public Works Services work commencing on or after July 1, 2013. Consultant shall not bill for any reimbursable items. Section 2. The existing Agreement remains in effect except as specifically modified herein. IN WITNESS THEREOF, the Parties hereto have executed this amendment as of the day and year first written above. CITY OF DUBLIN Joni Pattillo, City Manager Attest: Caroline Soto, City Clerk CONSULTANT 4--_ Michael Porto, Principal IM -4-4-ftel V;1 q 6 M 010:1;4 ITR I This amendment is made and entered into this 18th day of June, 2013, by and between the City of Dublin, a municipal corporation ("City"), and Urban Planning Partners ("Consultant"). Collectively, the City and the Consultant are referred to as the "Parties." I N *] 111 f-11 WHEREAS, effective October 18, 2011, the Parties entered into a Consulting Services Agreement in which the Consultant agreed to provide planning services to City ("Agreement"); and WHEREAS, Exhibit B to said agreement was amended whereby the City agreed to pay Consultant at a rate not to exceed $103.50 per hour beginning on July 1, 2012; and WHEREAS, Staff is requesting an adjustment of rates commencing July 1, 2013; and WHEREAS, the Parties seek to adjust the hourly rate to $125.00 per hour. NOW, THEREFORE, in consideration of the covenants contained herein, the Parties hereto agree as City hereby agrees to pay Consultant a sum not to exceed $125.00 per hour for work commencing on or after July 1, 2013. Section 2. The existing Agreement remains in effect except as specifically modified herein. IN WITNESS THEREOF, the Parties hereto have executed this amendment as of the day and year first written above. I• , I M-lMLS2z=* Attest: Caroline Soto, City Clerk CONSULTANT., M "„ L Zfte Dias, Principal TO G*111SILTING SERVICES AGREEMENT BETWEEN CITY OF DUBLIN AND WRA, ON-CALL CONTRACT FOR BIOLOGICAL & ENVIRONMENTAL, SERVICES This amendment is made and entered into this 181h day of June, 2013, by and between the City of Dublin,, a municipal corporation ("City"), and WRA, inc, ("Consultant"). Collectively, the City and the Consultant are referred to as the "Parties," WHEREAS, effective July 1, 2012, the Parties entered into a Consulting Services Agreement in which the Consultant agreed to provide biological and environmental services to City (' "Agreement' "); and WHEREAS, in Exhibit B to the Agreement, City agreed to pay Consultant at a rate not to exceed $103.50 per hour; and WHEREAS, Staff is requesting an adjustment of rates commencing July 1, 2013x and WHEREAS, the Parties seek to adjust the hourly rate to $125.00 per hour, NOW, THEREFORE, in consideration of the covenants contained herein, the Parties hereto agree as follows: Section 1, Exhibit B of the Agreement is amended to read as follows: City hereby agrees to pay Consultant a sual, not to exceed $125, 00 per hour for work commencing on or afterJuly 1, 2013. Consultant shall not bill for any reimbursable items. Section Z, The existing Agreement remains in effect except as specifically modified herein, IN WITNESS THEREOF, the Parties hereto have executed this amendment as of the day and year first written above, fflffl1 M Attest: Caroline Soto, City Clerk CONSULTANT Thomas E. Fraser, President F1111 W1111UN 00 wSucr|w6 A Company May 28, 2013 Mr. Jeff Baker City ofDublin 1N] Civic Plaza Dublin,CA 94568 Re. Qualifications for Environmental Services Dear Jeff: 3180 hijin Road, Suite 11n wudmu'Cm999@a'Q1z 831.883,8187 831.883,9907 Fax / Www.rbfxiom � wwvvm6^knvmvpxmm RBF Consulting (RBf) is pleased to submit our qualification to provide environmental services for the City of DiubUm. With our extensive resources and staff expertise, RBF is well positioned to support your needs for environmental review services, particularly given our extensive past land use, pVilcy, and environmental planning experience with the City ofDub|in. The value we bring to the City of Dublin includes: Proven Experience with the City of Dublin - 0B,F has previously, and is currently providing environmental and planning services to the City of Dublin on a number of projects including: • Downtown Dublin Specific Plan and BR • Dublin Crossing Specific Plan and 0R • Dublin Village Design Guidelines • Scadett Court Design Guidelines • Heritage Park E|R o Community Design and Sustainability Element of the City of Dublin General Plan Capable Project Management and Staffing —Mr. Wiseman is Vlog President with over 25 years mf experience in land use and environmental planning and would serve as the primary Project Manager for env|rnmnneoto] services. Ms. Erika Spencer is a Senior Planner/Associate with 17 years of experience im land use and environmental planning and would serve as Deputy Project Manager. Mr. Wiseman and Ms. Spencer have worked together on a mumuber of City of Dublin projects over the past years and would provide project management and oversight for our environmental services, We appreciate your time in reviewing our enclosed qwaU0catimms. Please contact me at (831) 883-8187 or email if you have any questions or require further clarification. Bill Wiseman Vice-President City rI OmbKim Om'CaUU Services Firm Qualifications MRmwmdedin1944 R8F[omsV|ting (RBF), a company of the Michael Baker Corporation, w � ' is a full service consulting firm providing the resources of experienced environmental GE) INsucr,wo specialists working within a collaborative environment that include engineers, A =1=c"m,"Ily planners, landscape architects, and other design professionals. Our in-house disciplines encompass Environmental Services, Policy Planning, Land Planning and Urban Design, Engineering, Transportation Planning, Surveying and Mapping, and Media Services. RBF|s a part oƒ the Michael' Baker Corporation, engineering, design, planning and construction firm with more, than 3,250 employees in 110 offices nationwide. R8F will provide the City mf Dublin (City) with om exceptional team toass,ist with on-call environmental services. Our team has the knowledge, experience and resources tn successfully provide planning services tm the City. RBF possesses the full range of disciplines necessary to provide turn-key planning, design and implementation ofa wide range mf projects, Thestaff atR8F has experience in land use and environmental! planining, in addition to a compliment of technical experts in the disciplines of transportation, engineering, G|S` landscape architecture and regulatory permitting. A partial listing nfour areas of expertise, follows: Environmental Services Asa leader |m the environmental field, RBF offers am extensive array of services associated with environmental compliance and documentation. RBF provides evaluation for the full range, of environmental effects for all types of projects. Our award-winning team offers documentation in oomnpUance vvith environmental laws and regulations including CEQA, NEPA, the Clean Water Act, the Clean Air Act and other applicable environmental |mvvs. City of DwbYim Om CmU8 Emvirommmmmtml SeruVc(,�m � Environmental assessments (hazardous materials investigations) � Eov/ronmnemta|documents/notices required by the California Environmental Quality Act /CEQAkand National Environmental Policy Act (NEPA) • Geographic Information Systems (G|S) • Agency permit processing and entitlement services • Aesthetics/visual analysis (including 3D rnndeUmg and renderings), " Air quality (nnmniToring,modeling, permitting, conformity analyses) � Drahnage/f|modcomtroU ° Energy efficiency/cogeneration (SMART bu|Udings) � Feasibility/ due diligence studies ~ Landscape architecture Environmental Documents a Land use omnmpat�ibih1v ° Mitigation monitoring progran)n (Public Resources Code Section 2108I.16�) ° Noise (mmn|1odng, modeling, mitigation design) ° National Pollution Discharge Elimination System (WPDES}processing = Policy Planning (General Plans, Specific Plans, zoning ordinances) IN Public participation programs (including multi media) • Traffic impact studies (including parking, access, TDK4,CMIP) • Utility and infra:strwctune studies • Water/wastewater feasibility studies IN Watershed pUammimo/m/aterqua|ity ° Wetland resources (assessmemt, delineation, mitigation, processing RBF has prepared wide range ofCEQA documents for thousands of projects throughout California, These clocumento[ndude: ° Environmental Impact Report (E|R) " Environmental Impact Statement (EIS) " Initial Site Assessment (I54) ° Preliminary Environmental Assessment Report (PEAR) " PreNmina�ry Environmental Study /PES\ " OOHotspot Analysis & Air Quality Report ° Visual Impact Assessment (yA) " Traffic Noise Impact Report (per TNAP) ° Environmental Assessments /EA\ ~ Initial Study (|S) / Mitigated Negative Declaration (K0ND) ~ Finding mfNo Significant Impact (FONS|) Categorical Exemption/ Exclusion (CE) Environmental documents prepared at RBF address the full range of environmental and techinical issues, with in-house specialists providing technical evaluation for traffic and transportation, flood control and drainage, air quaility, noise, land use, utilities and services, energy conservation, visual and aesthetic effects, Phase I hazardous materials, and many other environmental issue areas. K8F draws upon the prmhess[mm's leading swbcmnmu|tamts for specialized biological, archeological, Aeotechnica|and fiscal/economic studies tVbuild amu|ti-disdpi|imary team of environmental analysts. State-of-the-art ""= ~ City of [)ubhm On ServUcao computer facilities including Computer Aided Drafting and Design /C4IDDl,AKC#NFO, and specially created computer programs are utilized in obtaining the highest level of technical completeness and efficiency. P'|aMA^ng and [\esign Services RBF/UD5 provides a wide range ofplanning, design and implementation services for projects. |n order tn create viable responses tm phynicay,sociaU, economic and environmental challenges, RQPs,planning ainddes|gn pn7fess,imna|s focus on integrating creative planning Solutions with sownd irnp|enmentat|mn principles. Balanced land uses, enhancement of amenities, reinforcement ofcommunity vaUuesamd integration of environmental solutions are integral components mfour planning process, Key elements of the planning and design services offered include Policy Planning, Comprehensive Ptamming,,Community Involvement, GIS, Web Services and Digital Imaging, Urban Design, Environmental Documentation, Land Planning and Entitlement Services, P ' Tearn The RBF Project Team brings exceptional knowledge on each of the various disciplines that would be involved im the project including traffic data collection, analysis, management, land-use planning, and public participation, Project Manager, Mr. Bill Wiseman, vvNU be the primary point of contact with the City of City, and will serve in the lead capacity for coordination purposes, providing overall management of the team. Mr. Wiseman will: ensure the commitment and availability ofproject staff, and the commitment of other corporate resources as needed to meet the schedule, scope, and budget esta,b|ished for each project. Mr. Wiseman has over 25 years of experience serving as project manager for the preparation of oummerous environmental and planning studies for public and private sector clients, in accordance with the California Environmental Quality Act (CEQ4), tile Washington State Environmental Protection Act (SEPA), and the NationaK Environmental Policy Act /NEP4i City of Dulflin On Cali Envw roinmewlal Resurnes Bill 'is ernan — Project Manager Mr. Wiseman is a Vice-President with over 25 years of national and inter-national experience with expertise in land use and environmental planning, resource and recreation management, and information technology. He is a skillful manager, excelling in coordination of complex projects with large multidisciplinary consulting teams. He is an effective problem solver, able to understand and clearly communicate complex technical and environmental development issues and to create economically feasible solutions, Mr. Wiseman has managed the preparation of general plans, specific plans, downtown development plans, and open space and recreation studies. He has also served as project manager for the preparation of numerous environmental and planning studies for public and private sector clients, in accordance with the California Environmental Quality Act (CEQA), the Washington State Environmental Protection Act (SEPA), and the National' Environmental Policy Act (NEPA). RELEVAN-r EXPEMENCE: 0 Dublin Crossing Specific Plan and EIR (Dublin, CA) al Downtown Dublin Specific Plan and EIR (Dublin, CA) A Community Design and Sustainability Element of the City of Dublin General Plan (Dublin, CA) a Scarlett Court Design Guidelines (Dublin, CA) a Dublin Village Design Guidelines (Dublin, CA) N Monterey Downs Horsepark & EIR (Monterey County,, CA) a Beach Boulevard Improvement Project EIR (Pacifica, CA) a East Garrison Specific Plan, Tentative Map and EIR Project (Marina, CA) IS/MND for the R-3-M Zoning District (Pacific Grove, CA) Watsonville Vista General Plan and EIR (Watsonville, CA) Atkinson Lane Specific Plan/Master Plan EIR (Watsonville, CA Manabe-Ow Specific Plan EIR (Watsonville, CA) Delaware Mixed Use EIR (Santa Cruz, CA) La Bahia Hotel EIR and Recirculated EIR (Santa Cruz, CA) Coast Santa Cruz Hotel EIR (Santa Cruz, CA) Branciforte Creek Residential Development EIR (Santa Cruz, CA) H Rancho San Benito EA (Hollister, CA) Yew's of Experience: 25 Education: KS., 1991, Urban and Regionat Planning, #Jniveisity of Wasidngton, Seattle 13A, J.984, Ecc nornics, UniveisitY of California at Santa Badmia Professional Affiliations: Mernber, Arnerican Planning Aswciaflon lAPA) Membei, Association of Environmental Planners (AEP) Awards and 1­lonors: Australian Institute of Landscape Architects Research and Cornmunication Awar(ri (national levO), Mahn Roads Landscape Marwal, 1998 RoyM Austoahan Planning ICISUWte, Queensland Chapter, Encomagement Award, SEO, 2001, Website, 1997 Royal Australian Pl4an6ng lt)St�Wte, Oueerisland Chapter, Environniental Planning Merc it Avywd, Mahn Roads LaniJsc,,ripe ManUal, 1.997 Lhiiversfty of Wash4igton, Del,'mrtment. of Urban DesnFn and Nanning, Wtstand6ig Student Award, 1990 ( 1 ty o,',)f Dki l) i 'i n Ott - Can H I Erika Spencer - Senior Environmental Planner Erika Spencer has over 16 years of experience managing the preparation of environmental documents in compliance with the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA) for residential, commercial, industrial, transportation, solid waste, water resources, and public facility projects. In addition, Erika has experience in regulatory compliance analyses pertaining to air quality and noise; restoration and open space planning; graphic design; and public outreach, Years of Experience: ifp EdlXatioW KS,, 1996, Soil SlIen(' e Com, �envation, Enviionrilental M a nap"orne. lit, (' ahknnia Polytechnic. State Oniversity, San Luis Obispo, CA en ( 0sLluv UY CM) * Monterey County Housing Authority and City of Salinas- Tynan Village, Environmental Assessment /Initial Study (Salinas, CA) * Fort Ord Reuse Authority, General Arn Moore, Boulevard and Eucalyptus Road Improvement Project Environmental Assessment/Initial Study (Marina, CA) * City of Marina, Reservation Road and Beach Road Roadway Improvement Project IS/MND (Marina, CA) CeTtificate, 1996, Fechnica RE- � M , ExPERIENCE: ( (ol�Jl`nLJl1flCati0rJ' Polytechnic Stitre University, • D Dublin Crossing Specific Plan and EIR (Dublin, CA) S San • D Downtown Dublin Specific Plan and EIR (Dublin, CA) L Lois Obispo, CA • M Monterey County RDA - Project Management and Staff Support C Ceitificate, 2002, Welt Services (Monterey County, CA) P Pf'OdUCtion, Criblil'lo College, • M Monterey County RDA - Whispering Oaks Business Park Entitlement A Aptos, California Support (Monterey County, CA) P Professional Affiliations: • C City of Seaside, Monterey Downs and Horse Park and Central Coast P Pianning Coil mmissione. r, city of Veterans Cemetery EIR (Seaside, CA ) S Sanhian Bautista (2005 - 2010) Monterey County Planning - Ferrini Ranch Subdivision EIR M (Monterey County, CA) R Membel'of tile Histolic Monterey County Planning Department, Harper Canyon (Encino J Resources Boar(], City of Sall Hills) Subdivision EIR (Monterey County, CA) V ViCe, Chair of Public RdatiWIS, Monterey County Planning — Rancho San Juan Specific Plan EIR F (Monterey County, CA) P Fornwn President and Vice 0 M Monterey County Planning, - Rancho Roberto EIR (Monterey County, M Presldent of Programs, CA) B Bay Ai ea Chapter of the N M Monterey County Planning— Rancho Los Robles EIR (Monterey A Asscrxia,Lion of Enure mental County, CA) P Professionals (AIT) Monterey County Planning —Paraiso Springs EIR (Monterey County, 1 CA) 2 1,c)( al Most Committee lor the 2005 Nationai Arneiican Monterey County RDA - Castroville Community Plan Environmental P Planning Impact Report and Local l Coastal Plan Amendment (Monterey A Association Confereiue, San County, CA) i i-randsco Monterey County RDA - Phase I of the Artichoke Avenue Roadway A Awards Jury, State Association Improvement Project IS/MND (Castroville, CA) o of Elivilonnielitziii Pn-cfessiorlr3ts Monterey County RDA - Castroville Community Center ( (AEP) Awaids Program (20()4 - Enwirnny-nantni Accnccm t,/rnmci r I Al 2 2005) ( 0sLluv UY CM) * Monterey County Housing Authority and City of Salinas- Tynan Village, Environmental Assessment /Initial Study (Salinas, CA) * Fort Ord Reuse Authority, General Arn Moore, Boulevard and Eucalyptus Road Improvement Project Environmental Assessment/Initial Study (Marina, CA) * City of Marina, Reservation Road and Beach Road Roadway Improvement Project IS/MND (Marina, CA) C'ity of Etul-din On-CMI Environirtiemtifl Services Jonathan Schuppert, AICIP, -- Urban Designer/Planner/Graphics Mr. Schuppert has professional experience as a Community planner, Years of Experience: 8 urban designer, and environmental planner. His work has included preparing downtown revitalization plans, form-based codes, specific Educaflow plans, and design guidelines /standard's; facilitating community E.s.P 2006, City and Regional workshops and design charrettes; and designing transit-oriented and Planning, Califc)niia Polytechnic mixed-use developments. He has assisted with the preparation of a State Un�versry, San Luis community plan and general plan update. He is also skilled in graphics Obispo and analysis software such as Photoshop, Illustrator, InDesign, SketchUp, Ceilificate, In t rogress, and ArcG IS, (eitrfiecl I)owntcwi PiocessioriaV, California Downtown Association RELEVANi, Exi)LniENCE: and California State univt.,',°rsity, Sari Bernardino Community Design and SUstainability Element of the City of Professional Affiliaflons: Dulblin General Plan(Dublin, CA) Member, Ameilcan institute of Downtown Dublin Specific Plan and EIR (Dublin, CA) ( , I , ertified Planner's Transportation Corridor Land Use Study (Dublin, CA) MernbeII, Aineiican Planning, Dublin Crossing Specific Plan and EIR (Dublin, CA) AswciaVon Monterey Downs Hiorsepark and EIR (Monterey County, CA) Beach Boulevard Redevelopment EIR (Pacifica, CA) Membei, Natioi4 Main Street Whispering Oaks Business Park Entitlement Support (Monterey Netrwor . k County, CA) Merribef, NatIonal -1-rust for AMCAL Student Housing Specific Plan/ Initial Study (Monterey Histo is Preservation County, CA) Oak Meadow Plaza IS/MND (Morgan Hill, CA) Menibei, Association of Morgan Hill! Downtown Specific Plan (Morgan Hill, CA) Pedestrian anci tricycle Professionals Fullerton Transportation Center Specific Plan (Fullerton, CA) Rail Trail Corridor Vision Plan and Regulating Code (Los Banos, CA) * Perris Downtown Specific Plan (Perris, CA) * Stanton Transit Oriented Development Specific Plan (Stanton, CA) * Hollister Downtown Plan (Hollister, CA) * Strong Neighborhoods Initiative Multi - Family Housing Demonstration Project (San Jose, CA) Bay Tree Condominium Conversion (Los Gatos, CA) South San Juan Specific Plan and EIR (San Juan Bautista, CA) City [)ublin on"("alf Envill'onivientai Sm rvices Christa Redd,— CEQA/NEPA Christa Redd has over 13 years of experience providing environmental documentation for transportation projects involving Caltrans and the Federal Highway Administration (FHWA), as well as for private residential and commercial developments. Her work has included both CEQA and NEPA analysis for highways, interchanges, bridges, local arterials, and bicycle and pedestrian facilities, as well as environmental documents in support of annexation, General Plan amendment and zoning change projects. She has been responsible for the preparation of Environmental! Impact Reports (EIR), Preliminary Environmental Assessment Reports (PEAR), Initial Site Assessments (ISA), Initial Studies/Environmental Assessments (IS/EA), Initial Studies /Mitigated Negative Declarations (11S/IVIND), Mitigated Negative Declaration/Finding of No Significant Impact (MND/FONSI), Visual Resource Analyses, Community Impact Assessments, Relocation Impact Studies, and permitting, RELEVANT EXPERIENCE: Years of Experience: 13 Education: KS,, 2005, Environmental and NatWal Resource Sciences, university of Nevada Reno, Certificate, 2003, Land Use and Environmental Planning, University of California, Davis Extension B.S., 1998, Environmental Science, Minor in Geosdences, Oregon Rate University Professional Afflliaflons�. N Solar Highways Pilot Project MND/CE (Santa Clara County, Member, Association of CA) Environmental Professionals 0 Catalina Renewable Energy Project EIR (Kern County, CA) N Pahnam;id Wind Energy Project EIR (Kern, County, CA) Member, An-ierican 0 Lower West Wind Project EIR (Kern County, CA) Association of University Women 0 Environmental Services for New Superior Courthouses (Northern CA) Member, Women in N Stonefield Subdivision EIR (Bakersfield, CA) Transportation Services a Salt Creek Heights Subdivision EIR (Redding, CA) 5 Osborne Hill Subdivision EIR (Nevada County, CA) N Stockdale Ranch EIR (Bakersfield, CA) N Beech Avenue Industrial Park Initial Study and EIR (Kern County, CA) W Crossroads Plaza Commercial Center Initial Study and EIR (Bakersfield, CA) h Saco Ranch Commercial Center Initial Study and EIR (Bakersfield, CA) a Interstate 80/Rocklin Road Interchange EA (Rocklin,, CA) a State Route 57 /Lambert Road Interchange IS/MND (Brea, CA) 0 Interstate 15/State Route 79 Interchange Improvement Project IS/MND Rw Downtown Dublin Specific Plan and EIR Downtown Dublin is a commercial, office, and light industrial district located adjacent to the 1- :5801 1-680jUnction. Dublin Boulevard is the main route through downtown, and many of the businesses front or have entrances along this corridor. Suburban- style development with large parking lots and "big box" buildings is the predominant Style in the ClOW111OWD. When the West Dublin Bay Area Rapid Transit (BART) station was under construction, the City began reevaluating, existing uses in tile downtown, much of which is within walking distance to the station, The City hired RBF's Urban Design Studio to prepare a specific plan for tile downtown. The goal of the plan was to create a mixed. use district with high - density residential uses that took advantage of the close Proximity to the regional transit station. RBF prepared an online TownScan Visual Preference Survey to assess tile C0111111111lity'S Vision for downtown development. RBF conducted a three-day stakeholder innoersion, which consisted of stakeholder interviews, a walking tour, and a workshop, to assess the values, concerns, and visions for downtown. The end product Nvas a user- friendly and highly graphic specific plan with developiricrit standards and design guidelines for the downtown and BART station area. RBF prepared all Environmental Impact Report (FIR) for the Specific Plan. Major topics of concern for the plan area Nvere traffic due to the proximity to a major free, junction, new BART station, and its urban environment along Dublin Boulevard. The plan provides for more Urban densities to create transit-oriented developments and also aims to promote more walkable districts in the downtown area, 02267 - 11123/2011 m Highlights: 0 public, Pa rticipabon m (")ilirw TownScan "" ViSWII PrCf(X'0ICe Survey m Walking I our a Design GLIO(dill(!ei " EnvironmentM Impact Report I City of Dublin 1.00 Ovic Plaza DUIA11, CA 94568 Mr, Jeff Baker, 925/833-661.0 ............ Dublin Crossing Specific Plan and EIR RBF is currently preparing the Specific Plan and EIR for the proposed Dublin Crossing mixed-use development, The 199-acre Specific Plan area is located on a portion (if (lie 2,485-acre Camp Parks Reserve Forces Training Area. The proposed mixed-use development includes Up, to 1,995 residential units, 200,000 square feet of commercial uses, a 30-acre community park, five acres of neighborhood parks, and a 12-acre elementary school site. The protect is located in the center of the City, adjacent to the Iroll Horse Regional trail and just north of the Dub] in-Pleasanton BART Station, The C0111111111lity park. will serve as the central community meeting place for residents of Dublin and the greater region. 1t will host a variety of passive and active recreation Uses including sports courts and fields, all amphitheater, a children's jousemn and a riparian creek corridor. Tree-lined streets will include multi -use it-ails, wide sidewalks, and bike lanes to prornote a health community and support multi-Illodel transportation needs, Al Dublin, CA Hilghlights. W Kxed-use, I-ransit-oriented Development fff Multi,inodal Franspott;,,itioo Network, a Developirient Standaids and D('!sogn Gui(Mines IN Environmental Impact Report Refry reirce. City of Dublin 100 Civic Plaz�.i Dublin, CA 94568 Ms, Kristi l3ascom F'IrincOal Manner 925/83,3.6610 05129/2013 WF Dublin Village Design Guidelines Dublin Village has a unique heritage as a historic Bay Area crossroads, Unfortunately, much of the area's unique history and heritage has been compromised by the loss of historic rCSOUrCeS an(] the construction of contemporary commercial, office, and residential development. The City of Dublin hired RBFs Urban Design Studio (RBF) to prepare Design Guidelines for Dublin Village in Dublin, California. The goals of the project were to preserve the remaining historic resources in the area and to encourage future development to recapture elements of the historic character and image that once defined the area. By working with City Staff and (lie City's Heritage and Cultural Arts Commission, RBF/UDS prepared a highly illustrated and user-friendly document that addressed as variety of design topic, including commercial, mixed-Use and residential architectural design; site planning; sign placement and design; landscaping and lighting; historic preservation and rehabilitation; streetscape design; and public space design. F)Ubhn, CA Highlights: III PUbliC Participation IN (.brnmercial and Mixed-Use Design Gulklehnes Im Residential Design GuWeOnes 0 Sign Guklehrws rA Guidelines for Pres'erving and RehaUlitating I listoric ReSOM-US Streetscape and flublk� Space Guidelines Reference: City of Dublin 1.00 Civic Plaza Dublin, CA 94568 Ms. Krish Bascom, 925/556A555 WI ZhEl l:PIACerIIvIl wid desqo 0 sid qns should be 1aver.ded 01687— 11/24/2004 Provide wilh Ihm placement and despq� of 'Mqm 77 Scarlett Court Design Guidelines The Scarlett Court area is an industrial district predominately developed with aUtornotive-related uses. The site is accessed from Dublin Boulevard, one of the City's main cast-west corridors, and is highly visible from 1-580 and nearby overpasses, The lack of guidelines to shape this area has created a disconnected and visually unappealing district, The City of Dublin hired RBFs Urban Design Studio (RBF) to prepare design, landscape, and signage guidelines that will accompany a specific plan for the area. The goal of this project was to create a visually coherent and consistent urban environment, RBF will work closely will] City staff and property owners to determine appropriate guidelines that meet the needs of the businesses and the visions of the City. RBF conducted walking tours, a TownScan'rm Visual Preference: Survey, and a visioning workshop with business owners, community members, and City staff. Based on the iIIPUt received, RBF prepared user - friendly and graphically oriented guidelines to guide design of sites, buildings, landscapes, and signage Nvitbin the Scarlett Court area. Dubhn, CA Highlights: 0 Public Pad.icopaflon in Townsca 11 """ Visuai, Neference Survey * Walking Tours * Design Guidelines * Landscape Guidelines * Sign Guidelfnes Reference: Oty of Dublin 1.00 Civic Plam DuNin, (A 94568 Mr, Jeff Baker, 925/833-6610 02050 -1 2/ 1 712009 Community Design and Sustain!ability Element of the City of Dublin General Plaiii CA If ghlights; RBF prepared the Community Design and Sustainability Element 0 Frafnewotk for C(minrunity for the City of Dublin Gencral Flair. This Element guides public Dewndopment and private development in tile City of Dublin to create a city that 00 Guidelifu-2s for is diverse, functional, and aesthetically appealing. The Element Trnprovernents and New contains goals and policies that provide, a framework for cord.1 ucfiorl community developimm and guidelines for new construction and t� 0 1-hree-Dimensional improvements while protecting the City's positive characteristics. Renderings These goals and policies apply to three-dimensional aspects of tile Refererice: built environment in Dublin: buildings, streets, sidewalks, neighborhoods, plazas, etc. Community design combines aspects City of Dublin of architecture, landscape architecture, public works, public art, and 100 Cjvic Plaza transportation systerris. Implementation of these community design Dohlin, CA 94568 policies will create an inviting and attractive city that will help to Mr. Jeff Baker, 925/833-6610 unify [lie City visually and create a distinct sense of place in special areas of the City. This p•qjcct involved extensive coordination with stakeholders and the public. Tile end result is a graphically-rich document (hart is both easy to administer and prescriptive in nature, while allowing for flexibility in specific design, 03361 - 08/19/2011 a NM (Q-), f June 3, 2013 Mr. Jeff Baker Assistant Community Development Director City of Dublin 100 Civic Plaza Dublin, CA 94568 Subject: On -Call Environmental Review Services Dear Jeff, Thank you for the opportunity to present our qualifications for environmental review services. For more than 25 years, Circlepoint has provided environmental analysis and strategic communications services to diverse clients throughout the Bay Area and around the country. We have a proven track record of preparing legally defensible CEQA and NEPA documents on a wide range of land use, transportation, infrastructure, and policy planning projects. Our approach is simple —we use the best science and technical information available, prepare clearly written and comprehensive documents, and incorporate an inclusive and well- documented public involvement process. Our team's track record of legal defensibility and quality documents is second to none. Circlepoint brings extensive recent, relevant experience preparing complex environmental documents. The key to success on such projects is experienced, strong project management. Our project managers will be John Cook and Audrey Zagazeta. Recently, John successfully completed the MND for the Dougherty Road Improvement Project. He worked closely with City of Dublin Public Works staff and anticipates continuing to assist the City as the project moves forward into permitting and construction phases. Among his other recent major projects is the EIR for the controversial Sufism Reoriented project in Contra Costa County. This proposed religious facility was the subject of extensive public controversy and potential litigation. John deftly managed the EIR preparation and provided the County with a comprehensive and well- written document that was completed efficiently and cost effectively while addressing hundreds of comments from the community. John's other current clients include the cities of Sunnyvale, East Palo Alto, and Antioch; the Contra Costa Transportation Authority, and the Federal Railroad Administration. Audrey has extensive breadth in a diverse range of land use and major transportation projects throughout the Bay Area. Audrey has been the project manager for the Tassajara "New Farm" project in the unincorporated San Ramon /Danville area and is also managing the EIR for the proposed Gateway Village mixed -use project in the City of Santa Clara. This package includes resumes for both Audrey and John, showcasing many of their other projects. Circlepoint excels in bringing together teams of experienced professionals tailored to the specific environmental issues associated with a particular project. As the needs of particular projects arise, we will assemble an expert team of technical experts in close consultation with City planning and public works staff. The enclosed materials further detail our experience and qualifications. Should you have any questions or need further information, I can be reached at 510.285.6748 or s.:stein ert „� Lircle „pr2 „%rat „cram. Sincerely, r Scott Steinwert President Circlepoint 1 1814 Franklin Street, Suite 1000, Oakland, CA 94612 Phone 510.285.6700 1 Fax 510.285.6799 1 www.circlepoint.com (e-), Key Staff Resumes I Senior I:::,iroject Manager x Ipeir0.ii se John Cook has 16 years of experience in the fields of environmental assessment, CEQA and NEPA land use planning, and public facilitation for land development, transportation, and documentation other infrastructure projects. John combines strong management and analytical skills Project with a daily focus on providing excellent client service. management Selllected Ilf:Iroje t Ilf;;;;; 1periiien e Land use and urban Project I10airiageir, Ilf)ouglheirty (Road Ilirnlproveirneirit Project planning The City of Dublin has long planned to improve a two -mile section of Dougherty Public involvement Road to add a full median, expand bicycle facilities, and otherwise match other strategy and portions of the roadway. John led the Circlepoint team in preparing a mitigated implementation negative declaration that fully analyzed all project effects. The project area Newsletter Editor included potential habitat for several protected species (red - legged frog, l:..:..ducatiiouri burrowing owl, and tiger salamander) and also involved the possible relocation of Master of City a historic structure on Camp Parks. Following the City's adoption of the MND, Planning, University John is now assisting the engineering prime and the City in permitting and of California, mitigation phases. Berkeley, 1997 Project IMairiageir, West (Broadway Aveirme Specific 1f311airi Ilf;;;',Illlf�, City of Seaside B.A., summa cum Project IMairiageir /Il:3iroject I111iirectoir, Sufii irn I111eoiriieirited Mitigated Negative laude in American lf)ecllairatiioiri, Sairairialp, Contra Costa Couirity Studies, Colby John completed an environmental review of a proposed new religious facility College, 1992 along Boulevard Way in the unincorporated Saranap area between Lafayette and Spangle Walnut Creek. Critical issues investigated included the excavation and transport 111egii tiratiioiri / of 43,000 cubic yards of soil, visual impacts, and streetscape modifications. The Ceirtificatioiris Final EIR was released in summer 2011 and was certified by the Planning American Institute Commission after four public hearings in November 2011. John provided ongoing, of Certified direct support to the County through the appeal process — ten separate appeals Planners called for the overturn of the approval. The County Board of Supervisors Affilliatioiris ultimately certified the EIR and approved the project in February 2012. American Planning Project I10airiageir, (Roddy I111airicllh Ilf;;;',uriviiirouriirneuritall Impact I111elpoirt, Contra Costa Association CA — Couinty Awards Program Roddy Ranch is comprised of more than 2,000 acres in Mt. Diablo's northeast oak - Co- Director, studded foothills. A substantial portion of the ranch remains in active grazing use as Northern Section well as a long- established public golf course. The applicant proposed more than 500 (2013- present); estate homes, about 100 townhouses, a hotel, and affiliated recreational elements, Newsletter Editor plus nearly 700 acres set aside for the protection of sensitive habitats and wildlife (1996 -98) movement. Following a staffing transition in January 2012, John Cook was brought Selected Work IHIGstoiry in as a project director in the midst of preparation of a Recirculated Draft EIR, which 2005 -2006: Project was needed to address numerous applicant - proposed project changes. Manager, MIG, Berkeley Project IMairiageir, West (Broadway Aveirme Specific 1f311airi Ilf;;;',Illlf�, City of Seaside 2003 -2004: John managed the preparation of a program EIR reviewing potential impacts of a Cotton/Bridges-, plan to create a pedestrian- oriented urban village within underutilized downtown Orange blocks. In November 2009, Circlepoint successfully completed work on this Program EIR. The document considered the long -term effects of a program of Spangle transit - supportive land use changes and roadway improvements amidst major Associates, Associates, Menlo constraints, including water supply and traffic congestion. This EIR included Park innovative analysis and presentation that built confidence in the community in the 1998 -2000: City of soundness of both the EIR and the Specific Plan. Circlepoint's EIR was Albany unanimously adopted by the City Council on its first public hearing before that body. In 2011 and 2012, John provided further assistance to the City in the environmental review of a federally- funded partial implementation of the plan. I Senior I:::,iroject Manager The City initially anticipated that a complex IS /EA would be required; but John advised of a more efficient yet complete approach (CEQA Addendum) that greatly streamlined the process. Project I10airiageir, I111edwood City Qeirieirall 1f311airl and Ilf;;;',Illlf� John served two roles on this project. As deputy project manager for public outreach efforts, he helped shape overall outreach strategy and execution, including a workshop attended by more than 250 people. He was also project manager of the program EIR. Critical issues successfully addressed were the introduction of new land use designations across the city, including high- density mixed uses along major corridors and the future disposition of a 1,400 -acre site along the Bayfront, historically used for salt production. The EIR was certified by the City; no legal challenge followed certification. Project IMauriageir, Ilf)e eirt 1pire I11 : : :',IIS, Ilf : :edeirall I111aiilliroad Aalirniiurfii tiratiiouri John managed the environmental review process for the only privately proposed high -speed rail system in the United States. The proposed rail system would link Southern California (Victorville) with Las Vegas largely along the existing Interstate 15 corridor. John coordinated internal and external teams in the preparation of the Draft, Supplemental Draft, and Final EIS documents, along with the FRA Record of Decision. He also assisted FRA and the cooperating agencies through required consultation processes, including Section 7 (biological resources) and Section 106 (Cultural Resources). Project IMauriageir, Coast Corridor "'II "'iieir 1 Ili : : :'IIS /Ilf:�irogirairnirnatiic I11:::�1If1, Ilf : :edeirall 111aiilliroad Aalirniiurfii tiratiiouri, Caltrairls Division of I111aiill, and Saari 11 uis Obispo Couiriciill of C: �oveirururneurit John is leading a multidisciplinary team in the investigation of a program of rail system improvements intended to facilitate expanded passenger rail service along the Coast Corridor (San Francisco to Los Angeles). The resulting first tier combined NEPA /CEQA document will look broadly at potential environmental concerns, highlighting mitigation and avoidance strategies for subsequent project - level reviews. Project I111iirectoir, IIf;;;',uriviiiroururneuritall Ilf1eviiew foir 4 alkllaurial Ceuritirall IIi.i.. tuairy Irnplleirneuritatiiouri Guide, City of 4 alkllaurial John managed the preparation of a program EIR evaluating potential effects of a new land use plan for a diverse 428 -acre waterfront area west of Interstate 880. John led preparation of an intensive constraints analysis, examining existing air quality, noise, hazardous materials, and other environmental concerns. The program EIR was developed with the intention of streamlining any future environmental review for projects within the plan area. Project I10auriageir, IMouriteirey Couurity III °Ilou iiurig IIi.i..Ileirneurit Negative Ilf)ecllairatiiourl, IMouriteirey Couurity Resource IMauriageirneurit Ageincy 111edevellolpirneurit and II °lou iiurig John managed the preparation of an environmental document to cover the County's Housing Element for the period 2009 — 2014. The Housing Element sought to meet the County's regional housing needs assessment (RHNA) largely through previously approved plans, including the Castroville Community Plan. 0 I Senior I:::,iroject Manager 1:3roject I10airiageir, 11 odd Shipyard III °Iliiatoiriic Cirairie Ilf)eirnolliitiioiri Ilf;;;11R, City of Allairneda John conducted the environmental review for the proposed demolition of the severely dilapidated "Todd Shipyard" crane on the City's northern waterfront. Constructed in the 1940s, the crane was considered to pose a threat to the nearby Alameda - Oakland ferry terminal, yet was part of an established historic district. John implemented an exceptionally efficient CEQA process, the centerpiece of which was a limited topic EIR. The City certified the EIR in spring 2012. 1:3roject I10airiageir, Soacoll "'ll' "irairiaiit Ceiriteir 011: QA and IN1:.. :.]l:3A Ilf;;;',uriviiirouriirneuritall Clleairairice, Napa Couirity "'11 ' "irairiapor0.atiioirl and 1f311auriuriiiurig Ageincy John assisted the NCTPA in completing both CEQA and NEPA processes for a proposed new transit center /administrative office complex near downtown Napa. John coordinated closely with the Metropolitan Transportation Commission (MTC) in reviewing the proposed project for potential PM 2.5 emissions. He also facilitated the FTA's issuance of a Categorical Exclusion for the project. Environmental work was completed in November 2010; ground was broken for the project in spring 2011, and the building was occupied in 2012. 1:3roject I10airiageir, I113uclhairiairi Ciroaaiiuriga Iii-flitiiall Study /IlAiitiigated Negative lf)ecllairatiioiri, City of Airitiioclh John managed the preparation of the Draft Initial Study /Mitigated Negative Declaration for the Buchanan Crossings project, a retail development located at the intersection of Somersville and Buchanan roads in the City of Antioch. Key CEQA issues reviewed in the study included noise, traffic, and visual impacts. 0 I Audilrey Zagazeta Senior l:::1iroject Manager x Ipeir0.ii se Audrey Zagazeta has 13 years of environmental planning experience. She is a CEQA and NEPA highly- motivated senior project manager with substantial experience in managing General Plan complex environmental documents throughout the State of California. She has Policies and Zoning successfully managed CEQA and NEPA documents for mixed -use development, Codes residential, urban in -fill, and infrastructure projects for various public agencies. Project Audrey's excellent communication and organizational skills, as well as her Management dedication to client service, compliments her technical capabilities resulting in successful, high quality, well- managed documents. She has worked on a number l:..:..ducatiiouri of controversial projects and has been successful in guiding the project smoothly B.S., Environmental through the development review process. Science, San Jose State University Selllected Ilf:Iroje t Ilf;;;;; 1periiien e Wetland Project I10airiageir, 11 assajara Valley New II: : :4rrn Project Ilf;;;',�Ilf�, Contra Costa Delineation Couifray Methodology The New Farm Project proposes 187 rural residential homes and associated mixed - Course, University uses on a total of 771 acres of land in central Contra Costa County. The project is of California located outside the boundary of the existing urban limit line (ULL) and as a result is Berkeley Extension highly controversial in the region because of its implications for other development Ecological Risk projects on the urban fringe. Audrey is responsible for strategic planning and Assessment problem solving, overall management of the budget and schedule, and quality of Course, University the EIR. of California Project IMairiageir, 1:3airitages 113ay Project Ilf;;;',Illlf�, Contra Costa Couirity Berkeley Extension Pantages Bay, a proposed residential community with individual docks and deep Affilliatioiris water access, is located in unincorporated eastern Contra Costa County. The Urban Land project applicant is proposing a general plan amendment for the project site to Institute allow 292 residential homes; with associated streets and infrastructure, on Work 11 History approximately 80 acres of the approximately 171 -acre project site. Audrey Staff managed the preparation of the EIR in compliance with the CEQA to assess the Analyst/Biologist, potential environmental impacts associated with the project, including Issues Ogden related to climate change and sea level rise. Audrey is responsible for strategic Environmental planning and problem solving, overall management of the budget and schedule, and quality of the EIR. Project Manager, Impact Sciences, Project IMairiageir, Patterson I111airicllh Coirnirnuiriiity 1f311airi II:H''l111, City of Ilf : :ireirnoirit Inc. The EIR evaluated the proposed development of 428 acres in northern Fremont as Sr. Project a combination of residential, institutional, and open space uses. The project would Manager, amend the General Plan designation from Open Space to a combination of Open Circlepoint Space, Low to Medium Density Residential and Public Facility land uses. The development program consists of up to 520 housing units, religious facilities, 14 acres of neighborhood parks, which would be developed on 111 acres. The remaining 316 acres will be retained as open space for eventual donation to public agencies. Pedestrian paths would connect to the Alameda Creek Regional Trail. Audrey was responsible for the day -to -day coordination with City staff, strategic planning and problem solving, management of the budget and schedule, and quality of the EIR. Audrey provided CEQA advice throughout the entitlement process and participated in project meetings. Project IMairiageir, Slkyllawiri IMeirnoiriiall Park I1:3roject, Couirity of Sairl Mateo The Skylawn Memorial Park Project consists of a 300 -year Master Land Use Plan to develop approximately 520 acres of cemetery land uses within San Mateo County. The project site is characterized with biological, visual, and (e_), Audilrey Zagazeta Senior l:::1iroject Manager geotechnical constraints and is partially located within the Local Coastal Commission's jurisdiction and the County's Scenic Corridor. Circlepoint developed a constraints analysis through GIS capabilities to identify developable areas and mitigating project design features the Master Land Use Plan. Circlepoint worked as the liaison between the applicant and the County and assisted with the development of the CEQA document for submittal to the County. Audrey coordinated the overall constraints analysis and CEQA preparation and managed the day -to -day project tasks including communication with the project team and County staff. Project I10airiageir, Siilliicoiri Valley I111alpiid "'II "'irairi iit Project I11 : : :',IIS and 2nd SupIpleirneurtall Ilf;;;',Illlf , Sauna Clara Valley "'II' "irairisportatiiour Authority VTA proposed refinements to the alignment and stations for the previously approved Silicon Valley Rapid Transit Project. Circlepoint worked in partnership with VTA to prepare the necessary documentation under NEPA to clear the revised project. The draft EIS was published in March 2009 and a Record of Decision (ROD) was successfully issued by the FTA in 2010. Circlepoint was responsible for environmental analyses pursuant to NEPA, including land use, environmental justice, and visual assessments. Circlepoint also updated previously prepared technical sections for inclusion in the EIS. Subsequent to the Final EIS in 2010, Circlepoint worked in partnership with VTA to clear a portion of the funded project through a second supplemental EIR. The second supplemental EIR was successfully certified in 2011. Project I10aurageir, IIA "'II' "C 1:::X press III,,,,aure Phase e 1, IMetirolpolliitaurl II' "irairisportatiiour Coirnirniiissiiioiri MTC and Caltrans are pursuing development of an integrated Bay Area express lane network to enhance mobility and afford greater user flexibility of the transportation system within the San Francisco Bay Area. The initial set of five segments to advance as the first phase of the express lane network include the Bay Bridge approach, San Mateo Bridge approach, Dumbarton Bridge approach, 1 -680 between Alcosta Road and Livorna Road, and 1 -880 between Marina /Lewelling to State Route 237. All five segments would involve converting existing HOV lanes into approximately 76 miles of the regional express lanes network. The project development process for the Phase 1 Project is tied to the legal requirements of CEQA and NEPA environmental laws and regulations and combines engineering requirements and Caltrans' management approval steps with the environmental process. Audrey is the environmental team manager responsible for preparing the CEQA and NEPA environmental document for the Phase 1 project. Project I10aurageir, 1-680 INorthlbouirid 1:::X press III,,,,aure I1:3roject, Allairneda Couirity "'II' "irairisportatiiour Cornirnissioirl The Alameda County Transportation Commission is proposing to construct an Express Lane on northbound 1 -680 from Route 237 in Santa Clara County to south of Alcosta Boulevard in Alameda County. Audrey is managing the CEQA and NEPA environmental process including risk assessment, environmental documentation requirements, preparation of project purpose and need, and procedural schedule. Project I10aurageir, Data Ceurteir I1:3roject , City of Sauna Clara Audrey led the Circlepoint team to prepare mitigated negative declarations (MNDs) with supporting Initial Studies for five data center projects in the City of Santa Clara. I (e-), Audilrey Zagazeta Senior l:::1iroject Manager Each project involved re -use of an existing commercial /light industrial building to house computer servers and supporting equipment for private clients. 1:3roject I10airiageir, Gallery at Ceiritirall I1:3airlk 1:::11R, City of Sairita Clara The proposed project entails construction of 806 housing units including multi- family, town houses, row houses and single - family units at the former site of the Kaiser Permanente Hospital in the City of Santa Clara. The existing hospital and medical buildings are proposed to be demolished. The project is highly controversial among the neighboring residential community, who has expressed concerns with visual character compatibility, traffic, parking capacity deficiencies, hazards during demolition and construction, and increased use of parkland by new residents in the City. [Deputy I1:3roject I10airiageir, UC Merced and Uirfiiveir iity Coirnirnuirfiity I1:3roject Uirfiiveir iity of Calliifoirurfiia The EIS /EIR evaluates the potential for significant environmental impacts associated with the development and operation of a major research university campus in Merced County. The EIS /EIR also considers the federal actions associated with the development of the Campus and University Community, including the permission to fill 76.7 acres of wetlands present on the Campus. Topics of concern include conversion of prime farmland; wetlands, aquatic resources, and other biological resources; groundwater and surface water supply infrastructure; storm water drainage; energy use, air quality, and climate change; traffic and road safety; growth inducement; and project location. 1:3roject I10airiageir, I1F:]yiiurig J "'ll "'iravell 1f31laza 1:::11R, City of I[Dii oirl The project is a 17,638 square -foot travel plaza that includes a 24 -hour convenient store, restaurant, fast food court, driver lounges, laundry and shower facilities, as well as fueling services for diesel and automobile vehicles. Major CEQA issues included changes to visual character of the area; emissions of pollutants from project - generated trips, diesel truck idling, and fuel storage; biological resources; drainage; and traffic impacts. 1:3roject I10airiageir, III °tiigllhllairid Ilf;;;' ,states Ilf;;;',Illlf , Saari Mateo County The project proposes to subdivide an approximately 99 -acre parcel, into nine lots, and a remainder parcel. Eight lots would be developed with single - family homes and one approximately 84 -acre lot would be designated open space. The proposed homes would be constructed on a steep upslope portion of the project site. The project is highly controversial among the residents of the neighborhood surrounding the site, who have expressed concern with potential landslide and visual impacts. 1:3roject I10airiageir, I1:3eirfiiurisuIla III °lurnairie Sociiety /SI1:3CA Center Moir Cornpassioiri City of I113uirlliiurigairne This highly controversial project proposes to develop an animal facility in the Burlingame's light industrial neighborhood. Major issues associated with the project included odor, noise, land use compatibility, and consistency with the City's design guidelines. Technical studies prepared for the EIR included an Environmental Protection Agency approved air dispersion model (ISCST) and visual simulations. 1:3roject I10airiageir, IIF:1irigeir Aveirme IlRe iideiritiiall Subdiivii iioiri lurliitiiall Study/ IWitiigated INegative I[Decllairatiioiri, City of lRedwood City This highly controversial project consists of a nine -lot residential subdivision of three existing residential homes adjacent to Cordilleras Creek. Key environmental issues R (e-), Audilrey Zagazeta Senior l:::1iroject Manager includes the potential historical resources on site, and the potential for the existing structures to be part of a historical district; soil erosion associated with creek activity; visual compatibility, and potential flooding of the creek. Project I10airiageir, Seall Island I11 : : :', tate I1:3roject, Couirity of Contra Costa The project involves the subdivision of a 5 -acre site into 22 lots on an undeveloped hillside in an unincorporated portion of Contra Costa County. The applicant is requesting a general plan amendment to change the site designation from Heavy Industrial to Single - Family Residential High Density and a rezoning of the property from Heavy Industrial District to Planned Unit Development District. Key environmental topics include changes to the visual setting, land use compatibility, and off -site improvements through sensitive biological habitats. Project I10airiageir, Ill,,,,aguiria III °touch III °Ilo 1piitall Ilf1elp1l ace irneint Ilf;;;',Illlf�, Saari Francisco The project entailed phased replacement of the existing hospital and construction of an assisted living facility. Audrey prepared and managed the EIR for this project. The EIR focused on traffic, historic architectural resources, visual quality, hazards, and construction noise. Project I10airiageir, Shaffer I111oad /IlAoiriaircllh Village Alpairtirneirit 1E.:11:1, Santa Cruz The project entailed 206 unit apartment developments on a 9 -acre site. The project involves an amendment to the City's General Plan land use designation from Low - Medium Density Residential to Industrial, Planned Development, Special Use, Design, Coastal and Demolition Permit. Audrey prepared and managed the project EIR. Key issues of concern were visual quality, biological resources, and hazards. lf)elputy Project I10airiageir, Ilf;;;' pairs iioiri of the Saari Carlos General Aviiatiioirl Aiiirlpor0. Ilf;;;',Illlf�, City of Saari Carlos Project components included paving 300 foot safety overruns on each end of the runway, expansion of airport facilities, and installation of navigational aides. Audrey assisted in the development of the initial study, project description, and project alternatives. She also managed six subcontractors; project budget, schedule and graphics; team meetings; and day to day activity. Key issues of concern were alternative land uses of the project area, socioeconomics, impact to wetlands, and public controversy. Initial Study for the I10eirgiiirig foir "'11 w I111edevellolpirneirit 1f311airl Areas, City of II,,,IleircuIIe The project involved the merging of the 577 -acre Dynamite Redevelopment Plan Area and the 249 -acre Hercules Redevelopment Plan Area. The proposed land use changes and the level of development proposed under the Merging of the Redevelopment Plan Area were addressed in the Hercules General Plan Update EIR, the Hercules Redevelopment Plan Area EIR and other CEQA documentation. As the project is required to comply with the City's General Plan policies that include mitigation measures identified in the General Plan Update EIR, the Initial Study tiered off of the analysis of environmental impacts presented in the General Plan Update EIR and other CEQA documentation prepared for the Areas. Staff Aerially t, I11 : : :',irneiralld III °Ileiiglht II:H.,1I111, City of I111iicllhirnoirid This controversial project entailed 172 unit single - family residential development on a 401 -acre. Audrey assisted the preparation of the EIR for this project. Key issues include soil stability, impacts associated with surface water runoff, traffic impacts, (e-), Audilrey Zagazeta Senior l:::Iiroject Manager and biological resources. She was responsible for developing project description, managing subcontractors, project schedule, project graphics, and day to day project activity. Staff Aerially t, I1:ItAtterfly [Discovery Park Ilf;;;',Illlf�, City of Saari Francisco The project is a 150,000- square -foot butterfly museum in downtown San Francisco. The project proposes to include a conservatory, exhibit space, landscaped open space, and retail and restaurant space. Audrey assisted the development of EIR for the project. Key issues to be analyzed include loss of the existing open space on the project site, traffic impacts (including impacts of tour groups), visual impacts of an institutional use, and air quality and shadow effects. Staff Aerially t, Sunset IIRiidge Ilf;;;',Illlf�, City of Novato The project entailed 16 unit single - family residential development on a 34 -acre parcel. Audrey assisted the development of EIR for the project. The EIR is focused on land use and planning; geology, soils, and seismicity; hydrology; biology; transportation and circulation; public utilities; and aesthetics. Staff Aerially t, Cabrillo III °lleiiglht IIAII:: :III °ll Complex Ilf;iA, City of Cabrillo III °lleiiglht Project entails the replacement of 812 existing Military Family Housing Units at the 110- acre Cabrillo Heights MFH Complex. Audrey researched baseline conditions and evaluated impacts associated with the project on geology and soils; biological resources; hydrology; cultural resources; transportation and circulation; and public services and utilities. Key issues of concern included noise impacts to the California gnatcatcher during construction and demolition activities and potential adverse impacts to schools serving the Cabrillo area due to increased enrollment. Staff Aerially t, I11 : : :',A for a SIhoir - "'II' "eirirn 11:::�acilities IDevellolpirneirit I1:3roject, 1:3eiruri yllvairfiia Air Guard Station The Pennsylvania Air National Guard proposed construction of new facilities and demolition of inadequate or unnecessary facilities. New facilities included two air -to- ground range towers, a vehicle wash rack, an expanded excavator training pad, and a support and communications complex. Audrey was responsible for research of the baseline conditions and evaluation of impacts on air quality; geological, hydrological, and biological resources; hazardous materials and waste; and safety. Staff Aerially t, I1:31rolpo ed I[Deirnolliitiioiri of Substandard I113uiilldiiirig and Construction of Warehouses and I1:3airlkiiirig Ilf : :aciilliitiie iiuri aura lliridu tiriiall Portion of IIACAS IWirarnair Audrey researched baseline conditions and conducted impact assessment for geological and hydrological resources in the project vicinity. I (e), Selected Project Experience (e_), C �� �� �.? 11, � t Ferd Del Rosario Senior Civil Engineer City of Dublin 100 Civic Plaza Dublin, CA 94568 (925) 833 -6637 F e rc deIr.c sari o C dublin.ca.cov Dublin, California ",1 fill'."II VIICfl. P; Environmental Documentation Strategic Communications $169,000 ti':„ Ih °n as a' °:i 2012 11i31t,1, ff' Scott Steinwert, Principal -in- Charge John Cook, Senior Project Manager (Environmental) Chris Colwick, Senior Project Manager (Communications) Dougherty Road Widening Project (Sierra Lane to North City Limit) SYCAMORES-AND . ---- -- UNUERSTLRY ta. 4nlrlw <1nvnRnncNl fl�vP1F1'nG iosiC STAND Sf REAM LI IAN NEI: . C- ;�"iixn•n r�lylrhe N .I�le� f8�etmrein [amM1non. arxnY Dougherty Road is a major thoroughfare used by commuters, transit riders, pedestrians, and bicyclists. The road currently experiences traffic congestion and circulation issues related to these multiple uses. The City of Dublin proposes several multi -modal improvements that will address these issues and improve conditions for all users. The Dougherty Road Improvements Project will upgrade commuter, pedestrian, bicycle, and transit facilities along a 1.9 mile long section of Dougherty Road, from Sierra Lane to the north City limit in a manner consistent with the Circulation Element of the City's General Plan and to match improvements to Dougherty Road north of Dublin in San Ramon. The project will minimize the transport of pollutants by incorporating vegetated bioswales in the roadway median to infiltrate and treat stormwater prior to entering the City's storm drain system. The project will improve bicycle and pedestrian facilities by adding on- street Class II bicycle lanes and installing lighting along the existing Class I bicycle /pedestrian path, enhancing the connection with the Iron Horse Regional Trail and local destinations. Circlepoint prepared the Initial Study/ Mitigated Negative Declaration (IS /MND) for this project and a Mitigation Monitoring Reporting Plan. In addition to preparing the environmental document for the project, Circlepoint facilitated two community meetings during the project planning phase to gather community feedback from residents and business owners and provide a general project overview to interested parties. X (e-), CIIIIm. ?IIat John Oborne Contra Costa County Community Development Department 30 Muir Road Martinez, CA 94553 (925) 674 -7793 l.2.Lg.[Qcd Ca t li (')ire Contra Costa County, California II V i C." Ply Environmental Planning $340,000 C I''n a s a' °:i I'i II ml., 2010 — Present Scott Steinwert, Principal -in- Charge Audrey Darnell, Senior Project Manager John Cook, Task Leader Jennifer Gallerani, Task Leader Dana Gregg, Associate Environmental Planner Tassajara Valley New Farm Project EIR The New Farm Project proposes 187 rural residential homes and associated mixed -uses on a total of 771 acres of land in central Contra Costa County. The project is located outside the boundary of the existing urban limit line (ULL) and as a result is highly controversial in the region because of its implications for other development projects on the urban fringe. In additional to the rural residential component, the project also includes an agricultural learning annex, community center, religious facility, cemetery, fire training facility, and road side farm stand. Il,.tu�uriui�r,'.a II r�a�`iLirlrr.r�° The applicant proposes a new land use designation: Tassajara Rural Mixed Use that would allow the development of clustered rural residential uses alongside agriculture and other land use components, without requiring adjustment of the ULL boundary. The project has raised concern from organizations such as East Bay Municipal Utilities District, as their policies discourage extension of services beyond the ULL. The project could also jeopardize transportation funding pursuant to County Measure J. Circlepoint is preparing a landmark environmental analysis to evaluate the merits of the proposed project in light of the existing General Plan and related growth management policies. 10 (e_), Lashun Cross and Aruna Bhat Contra Costa County Dept. of Conservation and Development 30 Muir Road Martinez, CA 94553 (925) 674 -7786 Icr cd.cccount .us L. Ca t Ire Boulevard Way, Contra Costa County, California Sufism Reoriented EIR Sufism Reoriented, a religious organization, proposed a new sanctuary and consolidated administrative /activity facility in the Saranap neighborhood near Walnut Creek. About 350 Sufism members live near the project site, about' /4 -mile from its existing sanctuary. To reduce the visible bulk of the building, project architects (Johnson/ Burgee) proposed placing 2/3 of the floor area below grade, thus requiring the export of more than 40,000 cubic yards of soil. Owing in part to the site's proximity to houses and other buildings, the excavation required intensive geotechnical controls, as illustrated in the center photo above of the project site during grading. 1r�11'vll�: ;r� n 40: , �s ,�n�: �h�uoalf llll� llnlloam lla'�`:�° Environmental Documentation Circlepoint senior manager John Cook had hands -on involvement in this exceptionally controversial project all the way from the marketing/ contracting stage through appellate hearings. Throughout, John and $300,000 other Circlepoint team members worked with County staff across departments and agencies, as well as with the applicant and its counsel, In, tiIn, I "n n' °:� 4,1� m'I.� to identify and implement creative solutions to the analysis of this unique 2009-2012 project. Even prior to project scoping, the County received hundreds of (mainly negative) comments about the project. Circlepoint reviewed and synthesized these comments, along with those from the scoping process, John Cook, Senior Project Ma anager r and created a Draft EIR that was extraordinarily responsive to neighborhood concerns, including some beyond the scope of CEQA. In November 2011, following four packed public hearings, the County Planning Commission certified the EIR and approved the project, satisfied that Circlepoint and County staff adequately addressed hundreds of oppositional comments on the EIR. Within a month, opponents filed ten discrete appeals challenging the EIR's adequacy. John provided ongoing support to County staff through a compressed, intense appeal process. In February 2012, he joined County staff at the dais at two day- long Board of Supervisors hearings, convened at a local theater to accommodate more than 800 attendees each day. He also helped County staff address extensive late -hit "document dumps" by project opponents. With Circlepoint's assistance, County staff was able to thoroughly respond to and deflect all allegations. Ultimately, the Board of Supervisors rejected all of the opponents' appeals. By fall 2012, the applicant had grading permits in hand and had completed the vast majority of excavation and shoring work. 11 (e_), C I I m.? 11, � t Mindy Gentry, Senior Planner Roddy Ranch EIR City of Antioch �.a �� ;;'d. r u m � li m���.? ��� �;r W PO Box 5007 Roddy Ranch is comprised of more than 2,000 acres in Mt. Diablo's Antioch, CA 94531 -5007 northeast oak - studded foothills. A substantial portion of the ranch (925) 779 -7133 remains in active grazing use as well as a long- established public golf rY.gnry @ci.anfiioch.ca.us course. L. Ca t li ire Antioch, California "a rll :.? II V i Cr." Ply Environmental Planning The applicant proposed a development program for the ranch, consistent with a previously adopted ballot measure. The program called for more than 500 estate homes, about 100 townhouses, a hotel, and affiliated recreational elements, plus nearly 700 acres set aside for the protection of sensitive habitats and wildlife movement. John Cook, Project Director <r�s aka. hI� ° °�allullu.nllnl� ° °�amua�� (January 2012 - Present) Beginning in 2004, Circlepoint prepared Draft and Final Programmatic EIRs related to annexing an 850 -acre portion of Roddy Ranch. Circlepoint subsequently prepared a project -level Draft EIR in 2009 for development of the site. Following a staffing transition in January 2012, John Cook was brought in as a project director in the midst of preparation of a Recirculated Draft EIR, which was needed to address numerous applicant - proposed project changes. Working closely with Pacific Biology, John and the Circlepoint team were able to swiftly complete the Recirculated Draft EIR, thoroughly addressing numerous interlocking biological resource and site planning considerations. 12 Though consistent with the adopted ballot measure, the project as $800,000 proposed posed many challenging issues to be addressed in the CEQA process. Given the foothill setting, high volumes of earth movement were Cll °na�,.�n�;iu.i�llm °,.a proposed to allow for building pads and roads. Substantial areas of high - 2004 — Present quality habitat for federally listed species were also at issue. Moreover, the project area included the City of Antioch's only woodland area; the project called for the removal of several acres of blue oak woodland. John Cook, Project Director <r�s aka. hI� ° °�allullu.nllnl� ° °�amua�� (January 2012 - Present) Beginning in 2004, Circlepoint prepared Draft and Final Programmatic EIRs related to annexing an 850 -acre portion of Roddy Ranch. Circlepoint subsequently prepared a project -level Draft EIR in 2009 for development of the site. Following a staffing transition in January 2012, John Cook was brought in as a project director in the midst of preparation of a Recirculated Draft EIR, which was needed to address numerous applicant - proposed project changes. Working closely with Pacific Biology, John and the Circlepoint team were able to swiftly complete the Recirculated Draft EIR, thoroughly addressing numerous interlocking biological resource and site planning considerations. 12 C� C III 0"i :? I1, 11'�': John Oborne, Senior Planner Contra Costa County Community Development Department (925) 335 -1217 �ohln.oborineC�?cd.cccoulnty.us L. Ca t it t Contra Costa County, California II V i C." Ply Environmental Documentation 3 u' nJ g m'.a'�`: $246,000 2005 — Present Audrey Darnell, Senior Project Manager Pantages Bays Project EIR Pantages Bay, a proposed residential community with individual docks and deep water access, is located in unincorporated eastern Contra Costa County. The project applicant is proposing a general plan amendment for the project site to allow 292 residential homes; with associated streets and infrastructure, on approximately 80 acres of the approximately 171 -acre project site. The remainder of the site would consist of open -water areas, emergent marsh, wetlands, open space areas, and a marine patrol station. The project includes restoring bank habitat on the Pantages property and in adjacent areas, creating emergent marsh and seasonal wetland habitat. Additionally, a vernal pool would be created at an offsite mitigation bank to replace the on -site vernal pool that would be directly affected. Kellogg Creek would be widened as part of the project, which would reduce water velocities in that section of the creek and improve boater safety. The project is being undertaken with the support of Reclamation District 800, which provides oversight for the community of Discovery Bay. Il�;r.a�s �' �, �n �n � ::h�Iruallullu.nllnlluam�ua�� Circlepoint is preparing an Environmental Impact Report (EIR) in compliance with the California Environmental Quality Act (CEQA) to assess the potential environmental impacts associated with the project. This EIR will provide environmental review for all discretionary approvals necessary for the project and will be the primary document used in the formulation and implementation of a mitigation monitoring and reporting program for the project. Issues related to climate change and sea level rise have special relevance for this planned community on the shores of the delta. Circlepoint is evaluating issues related to increased scour resulting from planned widening of the waterway in the wake of boating enthusiasts. The project has been delayed several times, because of the volatile housing market and the hard costs associated with creating lots with deep water access. Circlepoint has worked closely with the County and the applicant to remain flexible as the project stopped and started. 13