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HomeMy WebLinkAbout4.5 Consulting Services Agreement with Economic and Planning Systems, Inc. Agenda Item 4.5 i m i • STAFF REPORT CITY COUNCIL DATE: April 18, 2023 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SU B.ECT: Consulting Services Agreement with Economic and Planning Systems, Inc. Prepared by: Jason Earl, Senior Management Analyst EXECUTIVE SUMMARY: The City of Dublin Two-Year Strategic Plan includes a Strategy and Objectives addressing housing affordability. This includes objectives to evaluate the current inclusionary zoning requirement, Affordable Housing In-Lieu Fee, and Commercial Linkage Fee. Staff released a Request for Proposals from consultants to assist with preparing an inclusionary zoning feasibility study and Commercial Linkage Fee nexus study. The City Council will consider approving an agreement with Economic and Planning Systems, Inc. to assist with preparing these studies. STAFF RECOMMENDATION : Adopt the Resolution Approving the Consulting Services Agreement Between the City of Dublin and Economic and Planning Systems, Inc. FINANCIAL IMPACT: The cost for this project will be charged to the City's Affordable Housing Fund. The Fiscal Year 2022-23 budget included sufficient funds to cover the cost of these services. DESCRIPTION : Background The City of Dublin Two-Year Strategic Plan includes Strategy 2 Housing Affordability. Included in this Strategy are the following two Objectives: • Objective 2.b: Ensure the City's inclusionary zoning regulations incentivize targeted housing production; and • Objective 2.c: Prepare a nexus study to evaluate the affordable housing commercial linkage fee and affordable housing in-lieu fee for for-sale and rental housing. To address these Strategic Plan Objectives, Staff proposes to prepare a feasibility study to evaluate Page 1 of 3 106 the City's current inclusionary zoning requirement and Affordable Housing In-Lieu Fee, and a nexus study to evaluate the City's Commercial Linkage Fee. These studies will analyze and assess targeted housing production, fees, and provide a housing market analysis to ensure that Dublin remains competitive for both housing and commercial development,while ensuring the availability of affordable housing. The Community Development Department released a Request for Proposals (RFP) on January 23, 2023, for a consultant to assist the Staff with preparing an inclusionary zoning and in-lieu fee feasibility study and Commercial Linkage Fee nexus study. The RFP (Attachment 3) was posted on the City's website and was sent to firms with experience preparing inclusionary zoning feasibility studies and nexus studies. The City received proposals from the five following firms: BAE Urban Economics, RSG, Strategic Economics, Keyser Marston Associates, and Economic and Planning Systems. Staff reviewed those proposals, conducted interviews, and selected Economic and Planning Systems, Inc. (EPS) to move forward in the contract process. Analysis Economic and Planning Systems, Inc. (EPS) was selected as their proposal demonstrated that they possess the experience and expertise that addresses the complete scope of work at a competitive price. EPS has previous experience working with Dublin and other Tri-Valley cities, including preparing an impact fee analysis for the City of Pleasanton. EPS will complete the project within six months of project initiation for a not to exceed amount of$79,629. Their scope of work and budget are included in Attachment 2. Staff is recommending that the City Council adopt the resolution (Attachment 1) approving the Consulting Services Agreement Between the City of Dublin and EPS to assist Staff with preparing the inclusionary zoning and in-lieu fee feasibility study and Commercial Linkage Fee nexus study (Attachment 2). STRATEGIC PLAN INITIATIVE: Strategy 2: Housing Affordability. Objective 2B: Ensure the City's inclusionary zoning regulations incentivize targeted housing production. Objective 2C: Prepare a nexus study to evaluate the affordable housing commercial linkage fee and affordable housing in-lieu fee for for-sale and rental housing. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) Resolution Approving the Consulting Services Agreement Between the City of Dublin and Economic and Planning Systems, Inc. 2) Exhibit A to the Resolution - Consulting Services Agreement between the City of Dublin and Economic and Planning Systems, Inc. (EPS) Page 2 of 3 107 3) Request for Proposals - Inclusionary Zoning Feasibility Study, and In-Lieu Fee and Commercial Linkage Fee Nexus Study Page 3 of 3 108 Attachment I RESOLUTION NO. XX - 23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING THE CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND ECONOMIC AND PLANNING SYSTEMS, INC. WHEREAS, the City of Dublin Two-Year Strategic Plan includes addressing Housing Affordability and includes objectives to evaluate the City's current inclusionary zoning requirement, Affordable Housing In-Lieu Fee, and Commercial Linkage Fee; and WHEREAS, on January 23, 2023, the City issued a Request for Proposals for a consultant to assist with preparing an Inclusionary Zoning and Affordable Housing In-Lieu Fee Feasibility Study and Commercial Linkage Fee Nexus Study; and WHEREAS, five proposals were submitted in response to the RFP; and WHEREAS, Staff reviewed and evaluated the proposals and determined that Economic & Planning Systems, Inc. best met the City desired scope of services based on the quality and completeness of submission, cost to complete the desired tasks, and the firm's experience and expertise; and WHEREAS, the City desires to enter into a consulting services agreement with Economic & Planning Systems, Inc. for an amount not-to-exceed $79,629 to prepare an Inclusionary Zoning and Affordable Housing In-Lieu Fee Feasibility Study and Commercial Linkage Fee Nexus Study. NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby approve the agreement with Economic & Planning Systems, Inc., attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the agreement and take such further actions as may be necessary or appropriate to carry out the City Council's obligations pursuant to this Resolution. {Signatures on the following page} Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 1 of 2 109 PASSED, APPROVED AND ADOPTED this 18th day of April 2023, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 2 of 2 110 DocuSign Envelope ID:F76BAA39-EE82-4CO2-A7CD-9E4BC568D4F8 REVISED - Attachment 2 CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND ECONOMIC AND PLANNING SYSTEMS, INC. (EPS) FOR INCLUSIONARY ZONING AND IN-LIEU FEE FEASIBILITY STUDY AND COMMERCIAL LINKAGE FEE NEXUS STUDY THIS AGREEMENT for consulting services is made by and between the City of Dublin ("City") and Economic& Planning Systems (EPS) ("Consultant") (together sometimes referred to as the "Parties") as of April 18, 2023 (the "Effective Date"). 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 Effective Date and shall end on December 31, 2023, the date of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as referenced in Section 8. Notwithstanding the foregoing this Agreement may be extended on a month to month basis for up to 6 months upon the written consent of the Consultant and the City Manager, provided that: a) sufficient funds have been appropriated for such purchase, b) the price charged by the Consultant for the provision of the services described in Exhibit A does not increase. None of the foregoing shall affect the City's right to terminate the Agreement as provided for in Section 8. 1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged. 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 Subsection 1.2 above and to satisfy Consultant's obligations hereunder. Consulting Services Agreement between City of Dublin and EPS 04/18/2023 For Inclusionary Zoning and In-Lieu Fee Feasibility Study and Commercial Linkage Fee Nexus Study Page 1 of 15 111 DocuSign Envelope ID:F76BAA39-EE82-4CO2-A7CD-9E4BC568D4F8 Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $79,629, 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 B, 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 in writing, 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. 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. No individual performing work under this Agreement shall bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager or his/her designee. 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; • A copy of the applicable time entries or time sheets shall be submitted showing the following: o Daily logs of total hours worked by each individual performing work under this Agreement o Hours must be logged in increments of tenths of an hour or quarter hour o If this Agreement covers multiple projects, all hours must also be logged by project assignment o 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; Consulting Services Agreement between City of Dublin and EPS 04/18/2023 For Inclusionary Zoning and In-Lieu Fee Feasibility Study and Commercial Linkage Fee Nexus Study Page 2 of 15 112 DocuSign Envelope ID:F76BAA39-EE82-4CO2-A7CD-9E4BC568D4F8 • The Consultant's signature; • Consultant shall give separate notice to the City when the total number of hours worked by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours within a 12-month period under this Agreement and any other agreement between Consultant and City. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and the estimate of time necessary to complete work under any other agreement between Consultant and City, if applicable. 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 60 days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed. 2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. 2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto as Exhibit B. 2.6 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit B, and shall not exceed $1,120. Expenses not listed in Exhibit B are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded. 2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. 2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as Consulting Services Agreement between City of Dublin and EPS 04/18/2023 For Inclusionary Zoning and In-Lieu Fee Feasibility Study and Commercial Linkage Fee Nexus Study Page 3 of 15 113 DocuSign Envelope ID:F76BAA39-EE82-4CO2-A7CD-9E4BC568D4F8 of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets to verify costs incurred to that date. 2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant's use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below 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. Consistent with the following provisions, 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, and that such insurance is in effect prior to beginning work. 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 or proposal. 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 to City that such insurance is in effect. VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS AGREEMENT PRIOR TO EXECUTION. Consultant shall maintain all required insurance listed herein for the duration of this Agreement. 4.1 Workers' Compensation. 4.1.1 General Requirements. 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 $1,000,000 per accident. In the alternative, Consultant may rely on a self-insurance program to meet these 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 Consulting Services Agreement between City of Dublin and EPS 04/18/2023 For Inclusionary Zoning and In-Lieu Fee Feasibility Study and Commercial Linkage Fee Nexus Study Page 4 of 15 114 DocuSign Envelope ID:F76BAA39-EE82-4CO2-A7CD-9E4BC568D4F8 the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the Consultant, its employees, agents, and subcontractors. 4.1.2 Submittal Requirements. To comply with Subsection 4.1, Consultant shall submit the following: a. Certificate of Liability Insurance in the amounts specified in the section; and b. Waiver of Subrogation Endorsement as required by the section. 4.2 Commercial General and Automobile Liability Insurance. 4.2.1 General Requirements. Consultant, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount not less than $1,000,000 and automobile liability insurance for the term of this Agreement in an amount not less than $1,000,000 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 without limitation, blanket contractual liability and 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 (most recent edition) covering comprehensive General Liability on an "occurrence" basis. 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 a certified endorsement to the policy: a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. Consulting Services Agreement between City of Dublin and EPS 04/18/2023 For Inclusionary Zoning and In-Lieu Fee Feasibility Study and Commercial Linkage Fee Nexus Study Page 5 of 15 115 DocuSign Envelope ID:F76BAA39-EE82-4CO2-A7CD-9E4BC568D4F8 b. City, its officers, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of work or operations performed by or on behalf of the Consultant; or automobiles owned, leased, hired, or borrowed by the Consultant. c. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. Consultant agrees to obtain any endorsements that may be necessary to effect this waiver of subrogation. d. For any claims related to this Agreement or the work hereunder, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 4.2.4 Submittal Requirements. To comply with Subsection 4.2, Consultant shall submit the following: a. Certificate of Liability Insurance in the amounts specified in the section; b. Additional Insured Endorsement as required by the section; c. Waiver of Subrogation Endorsement as required by the section; and d. Primary Insurance Endorsement as required by the section. 4.3 Professional Liability Insurance. 4.3.1 General Requirements. 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 $2,000,000 covering the licensed professionals' errors and omissions. Any deductible or self-insured retention shall not exceed $150,000 per claim. 4.3.2 Claims-Made Limitations. The following provisions shall apply if the professional liability coverage is 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. Consulting Services Agreement between City of Dublin and EPS 04/18/2023 For Inclusionary Zoning and In-Lieu Fee Feasibility Study and Commercial Linkage Fee Nexus Study Page 6 of 15 116 DocuSign Envelope ID:F76BAA39-EE82-4CO2-A7CD-9E4BC568D4F8 b. Insurance must be maintained and evidence of insurance must be provided for at least 3 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 shall purchase an extended period coverage for a minimum of 3 years after completion of work under this Agreement. d. A copy of the claim reporting requirements must be submitted to the City for review prior to the commencement of any work under this Agreement. 4.3.3 Submittal Requirements. To comply with Subsection 4.3, Consultant shall submit the Certificate of Liability Insurance in the amounts specified in the section. 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 complete copies of all Certificates of Liability Insurance delivered to Consultant by the insurer, including complete copies of all endorsements attached to the policies. All copies of Certificates of Liability Insurance and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Consultant beginning work, it shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time. 4.4.3 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the written 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. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. 4.4.4 Wasting Policies. No policy required by this Section 4 shall include a "wasting" policy limit (i.e. limit that is eroded by the cost of defense). 4.4.5 Endorsement Requirements. Each insurance policy required by Section 4 shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days' prior written notice has been provided to the City. Consulting Services Agreement between City of Dublin and EPS 04/18/2023 For Inclusionary Zoning and In-Lieu Fee Feasibility Study and Commercial Linkage Fee Nexus Study Page 7 of 15 117 DocuSign Envelope ID:F76BAA39-EE82-4CO2-A7CD-9E4BC568D4F8 4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 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. Refer to the attached Exhibit C, which is incorporated herein and made a part of this Agreement. 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. This Agreement shall not be construed as an agreement for employment. 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 Subsection 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Consultant further acknowledges that Consultant performs Services outside the usual course of the City's business; and is customarily engaged in an independently established trade, occupation, or business of the same nature as the Consultant performs for the City and has the option to perform such work for other entities. 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. Consulting Services Agreement between City of Dublin and EPS 04/18/2023 For Inclusionary Zoning and In-Lieu Fee Feasibility Study and Commercial Linkage Fee Nexus Study Page 8 of 15 118 DocuSign Envelope ID:F76BAA39-EE82-4CO2-A7CD-9E4BC568D4F8 6.2 Consultant Not an 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 and regulations applicable to the performance of the work hereunder, including but not limited to, the California Building Code, the Americans with Disabilities Act, and any copyright, patent or trademark law. Consultant's failure to comply with any law(s)or regulation(s) applicable to the performance of the work hereunder shall constitute a breach of contract. 7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person's race, sex, gender, religion (including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition (including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/veteran status, or any other classification protected by applicable local, state, or federal laws (each a "Protected Characteristic"), 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 include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. Section 8. TERMINATION AND MODIFICATION. Consulting Services Agreement between City of Dublin and EPS 04/18/2023 For Inclusionary Zoning and In-Lieu Fee Feasibility Study and Commercial Linkage Fee Nexus Study Page 9 of 15 119 DocuSign Envelope ID:F76BAA39-EE82-4CO2-A7CD-9E4BC568D4F8 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement upon 30 days'written notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement. 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. 8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties. 8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant's unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance 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 include, but are not limited to, the following: 8.6.1 Immediately terminate the Agreement; Consulting Services Agreement between City of Dublin and EPS 04/18/2023 For Inclusionary Zoning and In-Lieu Fee Feasibility Study and Commercial Linkage Fee Nexus Study Page 10 of 15 120 DocuSign Envelope ID:F76BAA39-EE82-4CO2-A7CD-9E4BC568D4F8 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 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 Subsection 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 $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 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 Consulting Services Agreement between City of Dublin and EPS 04/18/2023 For Inclusionary Zoning and In-Lieu Fee Feasibility Study and Commercial Linkage Fee Nexus Study Page 11 of 15 121 DocuSign Envelope ID:F76BAA39-EE82-4CO2-A7CD-9E4BC568D4F8 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. 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 Section 1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous 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 12 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 California Government Code Section 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 California Government Code Consulting Services Agreement between City of Dublin and EPS 04/18/2023 For Inclusionary Zoning and In-Lieu Fee Feasibility Study and Commercial Linkage Fee Nexus Study Page 12 of 15 122 DocuSign Envelope ID:F76BAA39-EE82-4CO2-A7CD-9E4BC568D4F8 Section 1090 et seq., and, if applicable, will be disqualified from holding public office in the State of California. At City's sole discretion, Consultant may be required to file with the City a Form 700 to identify and document Consultant's economic interests, as defined and regulated by the California Fair Political Practices Commission. If Consultant is required to file a Form 700, Consultant is hereby advised to contact the Dublin City Clerk for the Form 700 and directions on how to prepare it. 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 City 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 the Consultant shall be sent to: Economic& Planning Systems, Inc. Attn: Ashleigh Kanat, Principal 1330 Broadway, Suite 450 Oakland, CA 94612 Any written notice to City shall be sent to: City of Dublin Attn: Jason Earl 100 Civic Plaza Dublin, CA 94568 10.11 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A, B, and C represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. Exhibit A Scope of Services Exhibit B Compensation Schedule & Reimbursable Expenses Exhibit C Indemnification 10.12 Counterparts and Electronic Signatures. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. Counterparts delivered and/or signatures executed by City-approved electronic or digital means shall have the same force and effect as the use of a manual signature. Both Parties desire this Agreement to be electronically signed in accordance with applicable federal and California law. Either Party may revoke its agreement to use electronic signatures at any time by giving notice to the other Party. Consulting Services Agreement between City of Dublin and EPS 04/18/2023 For Inclusionary Zoning and In-Lieu Fee Feasibility Study and Commercial Linkage Fee Nexus Study Page 13 of 15 123 DocuSign Envelope ID:F76BAA39-EE82-4CO2-A7CD-9E4BC568D4F8 10.13 Certification per Iran Contracting Act of 2010. In the event that this contract is for one million dollars ($1,000,000.00) or more, by Consultant's signature below Consultant certifies that Consultant, and any parent entities, subsidiaries, successors or subunits of Consultant are not identified on a list created pursuant to subdivision (b) of Section 2203 of the California Public Contract Code as a person engaging in investment activities in Iran as described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b) of Section 2202.5 of the California Public Contract Code, as applicable. SIGNATURES ON FOLLOWING PAGE Consulting Services Agreement between City of Dublin and EPS 04/18/2023 For Inclusionary Zoning and In-Lieu Fee Feasibility Study and Commercial Linkage Fee Nexus Study Page 14 of 15 124 DocuSign Envelope ID:F76BAA39-EE82-4CO2-A7CD-9E4BC568D4F8 The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear below certify that they are authorized to sign on behalf of the respective Party. CITY OF DUBLIN ECONOMIC & PLANNING SYSTEMS, INC. c—DocuSigned by: \.—dA218963C73Gd4S Linda Smith, City Manager Ashleigh Kanat, Principal Attest: Consultant's DIR Registration Number (if applicable) Marsha Moore, City Clerk Approved as to Form: City Attorney 3070368.1 Consulting Services Agreement between City of Dublin and EPS 04/18/2023 For Inclusionary Zoning and In-Lieu Fee Feasibility Study and Commercial Linkage Fee Nexus Study Page 15 of 15 125 DocuSign Envelope ID:F76BAA39-EE82-4CO2-A7CD-9E4BC568D4F8 EXHIBIT A SCOPE OF SERVICES EPS recognizes the importance of a balanced and healthy housing sector to sustaining the vitality of a local economy. As an integral part of its practice, EPS provides a range of services related to housing development and policy, including the preparation of inclusionary housing and commercial linkage fee programs. Mixed-income, or inclusionary, housing ordinances have become a common tool for ensuring a diverse housing supply within a given community. EPS works with jurisdictions to develop and retool their programs to meet changing markets and performs the calculations and analysis to establish fees in lieu of building homes on site. In addition, EPS has developed numerous fee programs, based on a "nexus" analysis to support affordable housing by assessing the impact of new, nonresidential construction on growth in demand for new affordable housing. While a new (or updated) commercial linkage fee requires the preparation of a nexus study, a new or updated inclusionary housing program and associated in-lieu fees do not. EPS Work Program The following section describes the work program proposed by EPS to support the City in studying and updating inclusionary housing and commercial/housing linkage fee programs. Task 1 - Project Initiation and Ongoing Project Management EPS will participate in a project initiation kick-off meeting via phone or videoconference with City staff to discuss the Project, how the current programs are serving (or not serving) the needs of the City, and the specific objectives. EPS will use this opportunity to identify and request existing data, documents, and other pertinent information that City staff can provide. In addition, EPS will seek any recommendations that the City can provide regarding stakeholders with whom EPS should communicate. EPS will schedule a recurring check-in meeting with staff on a regular basis to facilitate communication. Task 2—Survey of Fees in Peer Jurisdictions EPS will conduct a survey of up to five other jurisdictions in the Tri-Valley area that Dublin considers to be "peer" cities, plus a sixth Bay Area peer city, that have affordable housing inclusionary requirements, in-lieu fees on residential development, and commercial linkage fees.As a deliverable, EPS will produce a summary matrix that can be incorporated into final documents and presentations. Task 3— Developer/Stakeholder Outreach As described in Task 1, EPS will work with City staff to identify stakeholders with whom to engage to identify potential issues of concern or priority with regard to updates to the inclusionary housing program and commercial/housing linkage fee. Such groups might include members from the local business community, commercial and residential developers that are active in the region, the Chamber of Commerce, and housing advocacy groups, with an interest in the Inclusionary Housing and commercial/housing linkage fee programs. Consulting Services Agreement between City of Dublin and EPS 04/18/2023 For Inclusionary Zoning and In-Lieu Fee Feasibility Study and Commercial Linkage Fee Nexus Study Exhibit A— Page 1 of 3 126 DocuSign Envelope ID:F76BAA39-EE82-4CO2-A7CD-9E4BC568D4F8 EPS will conduct targeted one-on-one phone or videoconference outreach to selected stakeholders who are likely to have specific technical information that can define or validate various assumptions related to market and economic conditions necessary for the analyses in Tasks 4 and 5. EPS finds that these individualized meetings are the preferred setting for stakeholders to share this type of information. Task 4—Inclusionary Zoning and In-Lieu Fee Feasibility Study Subtask 4.1:Housing Prototypes and Inclusionary Scenarios Drawing on feedback provided at the project initiation meeting and preliminary research on local development conditions, EPS will develop a set of up to four(4) ownership and rental housing prototypes for feasibility analysis that will be vetted with City staff. Additionally, EPS will suggest a range of inclusionary requirement alternatives for feasibility testing, including the City's current requirements. The other requirements will be informed by EPS's experience developing inclusionary programs in other jurisdictions in California, as well as the survey of inclusionary programs in peer cities. Subtask 4.2:Inclusionary Zoning Economic Feasibility Analysis EPS will research the local housing market prices and development costs by housing prototype, recent construction and pipeline projects, land pricing, required developer profit, and other trends reflecting housing and real estate inputs. This research will reflect the targeted outreach to local developers identified at the project initiation meeting in order to vet these inputs. EPS will assemble a set of"static" pro forma financial models representing the identified housing prototypes, and use these models to assess the development feasibility of these prototypes under the identified inclusionary policy alternatives. The resulting profitability for each prototype under each inclusionary alternative will be compared to each other as well as to a minimum market profitability metric established through research and stakeholder input. Subtask 4.3:In-Lieu Fee Calculation As part of the pro forma analysis, EPS will calculate an in-lieu fee reflecting each inclusionary alternative, demonstrating the fee level that is equivalent to the cost to the developer of providing the inclusionary units onsite. Task 4 Deliverables: EPS will produce a Draft Inclusionary Zoning and In-Lieu Feasibility Analysis Report for review and comment by City staff. The Report will include an executive summary containing key findings; description of the technical analysis; recommendations for an inclusionary housing program; summary of research on inclusionary programs and in-lieu fees in comparable jurisdictions; and all associated tables and calculations. EPS will accept one round of comments from City staff and will incorporate these comments into a Final Report. Task 5—Commercial Linkage Fee Nexus Study EPS will calculate updated affordable housing fees for commercial development through the preparation of a commercial linkage fee nexus analysis. The nexus (i.e., linkage) between new nonresidential development and the demand for affordable housing is derived by preparing employment density and compensation estimates of future employees for several nonresidential land use types (e.g., retail, office, industrial, lodging, etc.). New household formation resulting from new employment will be categorized by Consulting Services Agreement between City of Dublin and EPS 04/18/2023 For Inclusionary Zoning and In-Lieu Fee Feasibility Study and Commercial Linkage Fee Nexus Study Exhibit A— Page 2 of 3 127 DocuSign Envelope ID:F76BAA39-EE82-4CO2-A7CD-9E4BC568D4F8 income category(e.g., very low, low, moderate, above-moderate) to estimate total housing demand. These calculations include consideration of local trends in household formation (e.g., average number of workers per household). The demand by land use category will be converted into a fee, on a per-building-square- foot basis, based on the affordability gap with regard to very low, low, and moderate-income household earnings and the typical cost of housing in Dublin. In comparable recent projects, the maximum nexus-supported fee generated by the industry-standard analysis has been significantly higher than jurisdictions have wished to implement. Findings from the fee survey(Task 2) can be considered along with the City's economic and community development objectives to determine an appropriate fee level. Task 5 Deliverables: EPS will produce a Draft Commercial Linkage Fee Nexus Study for review and comment by City staff. The Report will include an executive summary containing key findings; description of the technical analysis; recommendations for updated linkage fees; summary of research on linkage fee programs and fees in comparable jurisdictions; and all associated tables and calculations. EPS will accept one round of comments from City staff and will incorporate these comments into a Final Report. Task 6—Public Presentations EPS will participate in one (1) Planning Commission Meeting and two (2) City Council Meetings. The Planning Commission Meeting and the first City Council Meeting will be used to present the preliminary findings of the Inclusionary Zoning and In-Lieu Fee Feasibility Study and the Commercial Linkage Fee Study, answer any questions from City officials, and receive direction on key policy and implementation considerations. EPS recommends that these meetings be structured as study sessions to allow for more informal discussion. The second City Council meeting may be the adoption hearing. The EPS budget assumes that these meetings will take place in person. Virtual attendance would result in cost savings. Should it be determined that additional public presentations are needed, they can be accommodated through a scope and budget amendment. Please note that we will work to roll out these two studies along the same timeline so that both go to the Planning Commission and City Council at the same time. Occasionally, one study is able to move ahead more quickly than the other. Should this circumstance arise, EPS will coordinate with City staff for the best possible outcome. Schedule EPS is available to begin work on this study immediately upon authorization to proceed and is prepared to complete the scoped work within approximately six(6) months of engagement, as outlined in the City's RFP and shown in Table 1. This schedule assumes that the required input and data from City staff is provided in a timely manner. This schedule targets a City Council adoption hearing in October, with study session-style presentations to the Planning Commission and City Council in August and September, respectively. EPS anticipates finalizing a detailed project schedule upon project initiation. Table 1 Project Schedule May June July August ',.September', October',. Task DescriP[ion _ 2023 2023 2023 2023 2023 2023 Task 1:Project In tlatlon and Project Management K M ',,M M M M M M ',.M M ',.M M Task 2:Survey of Fees In Peer Jurisdictions - ',, Task 3 Developer/Stakeholder Outreach Task 4:Inclus ovary Zoning and In Lieu Feasblty Study F Task 5'.Comriercial Linkage Fee Nexus SWdy P Task 6'.Public PresenWUons P P P KEY going Work - eling witM1 Stall K:KickoX Meeting F.Final deliverable P:P esentations Consulting Services Agreement between City of Dublin and EPS 04/18/2023 For Inclusionary Zoning and In-Lieu Fee Feasibility Study and Commercial Linkage Fee Nexus Study Exhibit A— Page 3 of 3 128 DocuSign Envelope ID:F76BAA39-EE82-4CO2-A7CD-9E4BC568D4F8 EXHIBIT B COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES Principal and Deputy Project Project Research Staff Direct Costs/ Grand Project Manager Manager Advisor Analyst Subtotal Reimbursables[2] Total Tasks Kanat Ren Smith Hourly Billing Rates[1] $300 $195 $325 $170 Task 1:Project Initiation and 12 15 0 0 $6,525 $0 $6,525 Ongoing Project Management[3] Task 2:Survey of Fees in Peer 2 7 0 12 $4,005 $0 $4,005 Jurisdictions Task 3:Developer/Stakeholder 8 12 0 2 $5,080 $0 $5,080 Outreach Task 4:InclusionaryZoning and In- 25 50 4 20 $21,950 $500 $22,450 Lieu Fee Feasibility Study Task 5:Commercial Linkage Fee 25 50 4 20 $21,950 $500 $22,450 Nexus Study Task 6:Public Presentations[4] 18 30 0 3 $11,760 $120 $11,880 Total Project Budget 90 164 8 57 $71,270 $1,120 $72,390 10%Contingency $7,239 Total Budget with 10%Contingency $79,629 [1]Hourly billing rates are effective for 2023 and subject to annual revision. [2]Direct costs/reimbursables include data acquisition and staff travel. [3]Task includes one(1)virtual kick-off meeting with staff,and approximately biweekly project management meetings with the client team for duration of Study. [4]Public presentations include one(1)Planning Commission meeting and two(2)City Council meetings. Consulting Services Agreement between City of Dublin and EPS 04/18/2023 For Inclusionary Zoning and In-Lieu Fee Feasibility Study and Commercial Linkage Fee Nexus Study Exhibit B—Page 1 of 1 129 DocuSign Envelope ID:F76BAA39-EE82-4CO2-A7CD-9E4BC568D4F8 EXHIBIT C INDEMNIFICATION Consultant shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, elected officials, employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney's fees and costs and fees of litigation) (collectively, "Liability") of every nature arising out of or in connection with Consultant's performance of the services called for or its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by the sole negligence or willful misconduct of City. Notwithstanding the forgoing, to the extent this Agreement is a "construction contract" as defined by California Civil Code Section 2782, as may be amended from time to time, such duties of Consultant to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782. The Consultant's obligation to defend and indemnify shall not be excused because of the Consultant's inability to evaluate Liability or because the Consultant evaluates Liability and determines that the Consultant is not liable to the claimant. The Consultant must respond within 30 days to the tender of any claim for defense and indemnity by the City. If the Consultant fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due the Consultant under and by virtue of this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until disposition has been made of the claim or suit for damages, or until the Consultant accepts or rejects the tender of defense, whichever occurs first. 3070368.1 Consulting Services Agreement between City of Dublin and EPS 04/18/2023 For Inclusionary Zoning and In-Lieu Fee Feasibility Study and Commercial Linkage Fee Nexus Study Exhibit C—Page 1 of 1 130 Attachment 3 ilkh D U BL I N Date: January 23, 2023 CALIFORNIA THE NEW Project Title: Request for Proposals — Inclusionary Zoning Feasibility AMERICAN Study, and In-Lieu Fee and Commercial Linkage Fee BACKYARD Nexus Study Description: The City of Dublin Community Development Department invites firms to submit proposals to prepare an Inclusionary Zoning Feasibility Study for the percentage of affordable units required of residential development projects, and a Nexus Study to establish an updated Inclusionary Zoning In-Lieu Fee and Commercial Linkage Fee. Please refer to the attached Request for Proposals for complete details and submittal requirements. Proposal Due: Monday, February 20, 2023 at 4:00p.m. PST Interviews: Week of March 6 (Tentative) Contract Award: April 18, 2023 (Tentative) Contact: Jason Earl Senior Management Analyst City of Dublin 100 Civic Plaza City Council Dublin, CA 94568 925.833.6650 925-833-6610 City Manager jason.earl@dublin.ca.gov 925.833.6650 Community Development 925.833.6610 Economic Development 925.833.6650 Finance/IT 925.833.6640 Fire Prevention 925.833.6606 Human Resources 925.833.6605 The City of Dublin reserves the right to reject any and all proposals. Parks&Community Services 925.833.6645 Police 925.833.6670 Public Works 925.833.6630 100 Civic Plaza Dublin,CA 94568 P 925.833.6650 F 925.833.6651 www.dublin.ca.gov 131 Request for Proposals Inclusionary Zoning Feasibility Study and In-Lieu Fee and Commercial Linkage Fee Nexus Study City of Dublin Community Development Department TABLE OF CONTENTS 1. Introduction 2. Scope of Services 3. Submittal Requirements 4. Selection Process 5. Selection Schedule Attachments: A. Standard Consulting Services Agreement 132 1. Introduction The City of Dublin is located at the intersection of Highways 1-580 and 1-680 in eastern Alameda County. The City was incorporated in 1982 and has a current population of approximately 72,000 people. Over the past 25 years Dublin has gone through a rapid growth cycle, with much of that growth focused on undeveloped land in eastern Dublin. The City is also experiencing redevelopment/revitalization of the commercial core of Downtown Dublin, and transit-oriented development around the City's two Bay Area Rapid Transit (BART) stations. The Community Development Department is looking for a consultant to conduct a Feasibility Study to evaluate the percentage of affordable units required of single-family and multifamily for-sale or rental residential development projects, and a Nexus Study to establish revised Inclusionary Zoning In-Lieu and Commercial Linkage Fees. This study would include a comparison of requirements by other similar cities and recommendations for the City of Dublin. The City is requesting interested individuals/firms to submit proposals to conduct these studies. 2. Scope of Services The selected consultant will: • Prepare a feasibility study which evaluates the economic tradeoffs of requiring a certain percentage of affordable units in new single-family residential and multi-family for-sale and rental residential developments in Dublin. • Prepare a nexus-based cost allocation study, to establish affordable housing in-lieu fees and the Commercial Linkage fees based on quantified demand for affordable housing that is generated by new market-rate housing and commercial development in the City of Dublin. Nexus analysis must provide a basis and methodology for establishing In-Lieu fees, and the Commercial Linkage fees that are consistent with State and Federal requirements, and proportional to the impact of the development. Provide studies that include, but are not limited to, including the following: o Introduction and policy context. o Background analysis and assumptions which include outreach to the interested parties and stakeholders, including, but not limited to local developers, affordable housing stakeholders and residents. o Detailed descriptions of cost assumptions and other data points. o Analysis of hypothetical development projects/proforma including adequate profit margins. Comparison of the City of Dublin's current and recommended required percentage of affordable units, the In-Lieu Fee, and the Commercial Linkage Fee with that of other communities in the Tri-Valley and similar cities in the Bay Area. • Submit a report with clear findings about the economic viability and recommendations on the required percentage of affordable units in new residential developments, in-lieu fee, and the commercial linkage fee. • Attend two City Council meetings to present conclusions and recommendations and to answer questions regarding the feasibility and nexus studies. • Complete the tasks described in this request for proposals within 6 months of the project kick-off or as otherwise agreed to in the final scope of work. This timeline can be extended if the City of Dublin and the Consultant mutually agree to extend the timeline. 3. Submittal Requirements 133 The Consultant chosen to work with the City of Dublin staff to complete the Feasibility Study and Nexus Study should at a minimum possess the following qualifications: • Experience with Inclusionary Requirements, In-Lieu Fees, and Commercial Linkage Fees. • Familiarity with the City of Dublin,the existing Inclusionary requirement, the In-Lieu Fee, and the Commercial Linkage Fee, and applicable state and federal laws. Please prepare and organize your submittal based on the requirements provided below. Any additional information that you would like to include should be placed in a separated section at the back of your submittal. Please note, however, that the submittal is limited to 8 pages maximum (excluding resumes) and should be submitted on 8%2 x 11 paper, in 12-point font. Page limit excludes a table of contents, tabbed dividers, and resumes for Consultant's Team, and submitted as a PDF document. 1. Enclose a cover letter not to exceed one page, describing the firm's interest and commitment to providing the City with the requested services. The cover letter shall be signed by the person authorized by the firm to negotiate a contract with the City of Dublin. 2. State the qualifications and experience of the firm/individual(s). Please emphasize the specific qualifications and experience with engagements of similar scope and complexity. 3. Provide at least three references(names and current phone numbers)from recent work(previous five years) of a similar scope and nature to the services outlined in this request for proposals. Please include a brief description of the work performed and the role your firm performed. 4. List key staff members, including identification of the Principal-in-Charge and Project Manager/primary point-of-contact, and applicable licenses and/or certifications. Include each team member's availability, including all existing committed hours, and the ability of being able to complete the project on time and within budget. 5. Provide an approach to completing this project, showing the flow of various tasks of the work and demonstrating the clear understanding of the requested work. 6. Provide a project schedule. 7. Provide confirmation of your firm's ability to meet the City's standard Services Agreement, including insurance requirements (Attachment A). Exceptions to the Agreement and insurance requirements shall be specifically noted in your submittal along with the reason for the changes. These exceptions will be taken into consideration in evaluating the proposal. 8. Provide a project schedule. 9. Present the proposed project budget, to include a compensation rate schedule for services. Please provide an electronic copy of your Proposal to City via email no later than February 20, 2023, by 4:00 p.m. PST. Submittals should be sent to the following email address: City of Dublin, Community Development Department Attention: Jason Earl jason.earl@dublin.ca.gov Proposals shall be submitted as PDF documents via email by the deadline. Emailed proposals sent after the proposal due date will NOT be accepted. Any Proposal received after the stated deadline will not be accepted for consideration. 134 Standard Consulting Agreement: It is anticipated that the services covered by the Agreement resulting from this solicitation will be performed on a time and materials fee basis for a specified scope of work.The term of the agreement will begin May 15t, 2023 (tentative based on date the contract is awarded). A sample of the City's Standard Consulting Agreement (Agreement), including insurance requirements, is provided as Attachment A. If the interested firm desires to take exception to the Agreement and/or insurance requirements, the interested firm shall clearly identify proposed changes to the Agreement and furnish the reason for these changes, which shall be included in the qualification. Exceptions will be taken into consideration in evaluating Proposals. Otherwise, the interested firm is to state in the proposal that the Agreement and insurance requirements are acceptable. Consideration for exceptions will not be considered if not included in the submitted proposal. Conflict of Interest Proposer agrees that, for the term of this contract, no member, officer or employee of the City of Dublin, or of a public body within Alameda County or member or delegate to the Congress of the United States, during his/her tenure or for one year thereafter, shall have any direct interest in the contracts or any direct or material benefit arising therefrom. Proposers must provide a list of any potential conflicts of interest in working for the City of Dublin. This must include, but is not limited to, a list of your firm's clients who are the following: Private clients located or operating within the City of Dublin limits, Dublin San Ramon Service District, US Army Camp Parks and/or the County of Alameda, and a brief description of work for these clients. Proposers must also identify any other clients (including public entities) that may pose a potential conflict of interest, as well as a brief description of work you provide to these clients. This list must include all potential conflicts of interest within the year prior to the release of this RFP as well as current and future commitments to other projects. Principals and those performing work for City of Dublin may be required to submit a California Fair Political Practices Commission (FPPC) Form 700: Statement of Economic Interests documenting potential financial conflicts of interest. For additional information, proposers should refer to the FPPC website at www.fppc.ca.gov/index.php?id=500. Insurance Requirements The Contractor shall provide insurance coverage as follows in conformance with the City of Dublin's requirements: General Liability Insurance $1,000,000 Automobile Liability Insurance $1,000,000 Professional Liability Insurance $2,000,000 Workers' Compensation Insurance $1,000,000 4. Section 4—Selection Process 135 Submittals will be evaluated using the following criteria: 1. Qualifications and specific experience of key project team members. 2. Quality and completeness of the proposal. 3. Experience with engagement of similar scope and complexity. 4. Satisfaction of previous clients. 5. Cost of providing consultant services for this project. A subcommittee selected by City Staff will evaluate the submittals provided in response to this RFP and invite select firms to participate in interviews. The highest rated firms may be invited to negotiate a final agreement, including compensation. If an agreement is not reached, negotiations may be terminated and commenced with the next most qualified firm. The recommendation of the Community Development Department will be submitted by the City Council for award of contract to the selected firm. The City reserves the right to reject any or all proposals. The City reserves the right to award a contract to the firm(s) that the City feels best meet the requirements of this RFP and the needs of the City. The City reserves the right to reject any and all proposals prior to execution of an Agreement, with no penalty to the City. 5. Section 5—Selection Schedule January 23, 2023 Initiated Request for Proposals February 20, 2023 Proposals submitted as PDF documents via email no later than 4:00 p.m. PST to: Jason Earl Senior Management Analyst iason.earl@dublin.ca.gov March 10, 2023 Interviews the week of March 6, 2023 (Tentative) April 18, 2023 City Council consideration to award contracts (Tentative) All questions or other communications regarding this RFP shall be directed to Jason Earl at 925-833-6610 or iason.earl@dublin.ca.gov 5273296.1 136 ATTACHMENT A Standard Consulting Services Agreement Removed for purposes of the April 18, 2023 Regular City Council Meeting Packet 137