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REDEVELOPMENT AGENCY AGENDA ITEM NO. 9


Meeting Date: January 23, 2007

Subject/Title: Approve and Authorize the Executive Director to execute a Professional Services Agreement with Gates & Associates (Gates), to prepare the Downtown Streetscape Plan, authorize Executive Director to execute change orders up to 10% of the contract amount, and approve a Resolution authorizing the Agency Treasurer to use funds from the Redevelopment Agency of the City of Brentwood Tax Allocation Bonds, Series 2001, to fund this Agreement.

Prepared by: Gina Rozenski, Redevelopment Manager

Submitted by: Howard Sword, Community Development Director


RECOMMENDATION
Approve and Authorize the Executive Director to execute a professional services agreement between Gates & Associates (Gates) and the Brentwood Redevelopment Agency in the amount of $81,345 to prepare the Downtown Streetscape Plan, authorize the Executive Director to execute change orders up to 10% of the contract amount, and approve a Resolution authorizing the Agency Treasurer to use Funds from the Redevelopment Agency of the City of Brentwood Tax Allocation Bonds, Series 2001, to fund this Agreement.

PREVIOUS ACTION
On November 16, 2005, the City Council held a public hearing to hear public and staff testimony, considered the Planning Commission’s recommended revisions, and approved the Downtown Specific Plan by Ordinance Nos. 817 and 818, and Resolution No. 2005-276. The Council also approved Resolution 2005-275 certifying the Environmental Impact Report and Mitigation Monitoring Plan for the Downtown Specific Plan.

On December 15, 2005, staff returned to the Council with a City Action Plan to implement the goals and objectives outlined in the Specific Plan. The Council approved the City Action Plan, which included the preparation of a Streetscape Plan after completion of the Downtown 2010 workshops.

BACKGROUND
The Downtown Specific Plan provides for the City to create a streetscape plan that is supportive of the envisioned development and to create a beautiful setting for the City’s most civic and special district. The City is committed to improving the Downtown in order to catalyze and complement private investment, and to support the continued growth and development of the Downtown.

Section 3.3 of the Specific Plan includes a map of eight street types located within the Downtown. Each street type has different dimensions and configurations, and each will have a different streetscape treatment as it relates to its position in the Downtown. For example, gateway intersections will have arching monuments that “announce” the Downtown to visitors while a street across from the City Park could be graced with a clock tower. Tree lights will sparkle in the Downtown Core, but not on neighborhood streets where residents live.
A new streetscape plan will include reconfiguration of roadway sections to provide convenient parking and smooth vehicle circulation, pedestrian-friendly connections, special sidewalk and crosswalk treatments, outdoor dining “flex zones”, decorative street lights, new street trees, tree lights, street furniture, planters, planting medians, ornamental tree guards and drain grates. The streetscape, landscaping and design standards will help enhance the character and create of sense of identity for the Downtown.

Staff anticipates the streetscape plan process to include a community workshop to identify a streetscape beautification plan and later a workshop with the Council to review a preferred plan. The Final Master Plan will include a design development segment and an implementation phasing strategy. The design development segment will test the plan by developing a specific roadway segment with the preferred streetscape to help identify adjacent use interface and interruptions such as driveways and curbcuts. The phasing strategy will coordinate capital investments such as improved water and sewer services with the installation of the streetscape in an effort to avoid duplication and destruction. The tentative schedule for the completion of the Downtown Streetscape Plan is August 2007.

Gates & Associates specializes in urban planning and streetscape design, and because they have worked on various projects in Brentwood, including the Downtown 2010, they are familiar with the issues of Brentwood. Based of their qualifications and expertise, staff recommends Gates & Associates for the preparation of the Downtown Streetscape Plan.

FISCAL IMPACT
Staff is proposing the Executive Director be authorized to execute the contract in the amount of $81,345 and change orders up to 10% of the contract amount, for a not-to-exceed amount of $89,480. The Brentwood Redevelopment Agency has been very involved in the preparation of the Downtown Specific Plan. At its annual priority setting workshop of April 2006, the Agency reserved sufficient funds from its 2001 Tax Allocation Bond proceeds for the preparation of this plan. This contract shall be funded entirely by the Redevelopment Agency’s Tax Allocation Bond proceeds, and is included in the Agency’s 2006/07 operations and debt services budgets.


Attachments:
Resolution
Professional Services Agreement


RESOLUTION NO. RDA-

A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF BRENTWOOD AUTHORIZING THE AGENCY TREASURER TO USE A PORTION OF THE AGENCY’S 2001 TAX ALLOCATION BONDS PROCEEDS TO FUND THE PROFESSIONAL SERVICES AGREEMENT WITH GATES & ASSOCIATES TO PREPARE A DOWNTOWN STREETSCAPE PLAN


WHEREAS, the Redevelopment Agency of the City of Brentwood (“Agency”) adopted its amended 2006-2007 Budget on June 27, 2006, by Resolution No. RDA-112; and

WHEREAS, the Agency desires to memorialize its expenditure approvals for redevelopment programs and activities that are funded by the Agency’s 2001 Tax Allocation Bond Proceeds that promote, establish, develop and support economic development, business and affordable housing opportunities within the Merged Redevelopment Project Areas; and

WHEREAS, the preparation of a streetscape plan for the Downtown was identified in the Downtown Specific Plan as a City and Agency action to catalyze and complement private investment, and to support the continued growth and development of the Downtown; and

WHEREAS, the Agency desires to fund the Downtown Streetscape Plan.

NOW, THEREFORE BE IT RESOLVED that the Redevelopment Agency of the City of Brentwood authorizes the Agency Treasurer to use a portion of the Agency’s 2001 Tax Allocation Bond Proceeds to fund the professional services agreement with Gates & Associates to prepare the Downtown Specific Plan in the amount of $89,480.

PASSED, APPROVED AND ADOPTED by the Redevelopment Agency of the City of Brentwood at a regular meeting held on the 23rd day of January 2007, by the following vote:



AGREEMENT FOR PROFESSIONAL
DESIGN SERVICES

THIS AGREEMENT, made and entered into this _____ day of _________, 2007 by and between the REDEVELOPMENT AGENCY OF THE AGENCY OF BRENTWOOD, a municipal corporation existing under the laws of the State of California, hereinafter referred to as “Agency” and Gates + Associates, a California corporation, hereinafter referred to as "Design Professional.”

RECITALS

A. Agency desires certain professional streetscape design services to aid in the development of design plans for the Downtown Streetscape Plan (the “Project”).

B. Agency desires to engage Design Professional to provide these services by reason of its qualifications and experience performing such services and Design Professional has offered to provide the required services on the terms and in the manner set forth herein.

C. Design Professional represents that it is fully licensed and qualified with all professional skills necessary to perform the services described in this Agreement and has special expertise in the design of public projects to be performed under this Agreement.

NOW, THEREFORE, Agency and Design Professional agree as follows:

SECTION 1 – SCOPE OF SERVICES

The scope of services subject to this Agreement and to be performed by Design Professional for the Project is described in Exhibit “A”, Scope of Services, attached hereto and incorporated herein.

SECTION 2 – DESIGN PROFESSIONAL'S REPRESENTATIONS AND RESPONSIBILITIES

A. Design Professional acknowledges that in entering into this Agreement the Agency is relying upon Design Professional's special skills and experience to do and perform the services in accordance with best standards of professional practice in the design of public projects of similar size, scope and complexity in the general location of the Project. Design Professional agrees to perform the services in accordance with these standards. The acceptance of Design Professional's services by Agency does not operate as a release of Design Professional from these obligations.

B. Design Professional accepts the relationship of trust and confidence established between it and Agency by this Agreement. Design Professional shall use its best efforts, skill, judgment, and abilities to assist and work with Agency to design the Project, to produce the necessary work products, and to further the interests of Agency in accordance with Agency's requirements and procedures, each in accordance with professional standards that apply to Design Professional.

C. Design Professional shall perform the Services in full compliance with applicable federal, state and local laws and regulations in effect at the time such services are rendered (collectively, "Applicable Laws").

D. Design Professional shall be responsible for employing or engaging all persons necessary to perform the Services. All of Design Professional's staff shall be qualified by training and experience to perform their assigned tasks. Design Professional shall give its personal attention to the fulfillment of the provisions of this Agreement by all of its employees and sub-Design Professionals, if any, and shall keep the services under its control. If any employee or sub-Design Professional of Design Professional fails or refuses to carry out the provisions of this Agreement or appears to be incompetent or to act in a disorderly or improper manner, he or she shall be discharged immediately from the work under this Agreement on demand of Agency.

E. One or more members or employees of Design Professional's firm are licensed by the State of California to perform their services and these services will be performed by them or under their supervision.

F. Design Professional shall submit, for Agency's approval, a team or staffing proposal for the Project, complete with job descriptions, names and previous experience of all personnel. Design Professional shall not change or reassign Key Personnel without prior notice to Agency, and shall not replace any Key Personnel with individuals to whom Agency has a reasonable objection.

G. Design Professional's services are unique and personal. Design Professional shall not assign or transfer any of its interest or obligation under this Agreement without the Agency's written consent. Design Professional shall not subcontract its duties under this Agreement without the Agency's written consent. No sub-consultant will be recognized by Agency as such; rather, all sub-consultants are deemed to be the agents of Design Professional, and Design Professional agrees to be responsible for their performance.

SECTION 3 - INDEPENDENT CONTRACTOR

The services to be provided to the Agency as set forth in this Agreement shall be provided by Design Professional as an independent contractor as defined in Labor Code 3353, under the control of the Agency as to the result of the work but not the means by which the result is accomplished, and nothing herein contained shall be construed to make Design Professional an agent or employee of the Agency while providing these services. Design Professional shall be entitled to no other benefits or compensation except as provided in this Agreement.

SECTION 4 - DUTIES OF DESIGN PROFESSIONAL

A. Design Professional's Services shall be furnished as described below and as more particularly described in Exhibit “A”, Scope of Services. Any changes in the Scope of Services must be approved in advance, in writing, by the Agency Manager or her designee, or if verbally requested by Agency, confirmed in writing by Design Professional within five (5) working days.

B. Design Professional shall be responsible for the professional quality, technical accuracy and coordination of all Services. Design Professional shall, without additional compensation, correct or revise any errors or deficiencies in its Services.

C. Design Professional shall furnish Agency with every reasonable opportunity for Agency to ascertain that the Services are being performed in accordance with the requirement and intentions of this Agreement.

SECTION 5 - TERM, PROGRESS AND COMPLETION

A. The term of this Agreement shall begin on the date the Agency Board approves this Agreement and shall expire upon completion of the Services or when terminated as provided in Section 8.

B. Design Professional shall promptly commence performance of the Services upon execution of this Agreement and in accordance with the schedule to be established by Agency and as identified as Subtask 1.1 in scope of services, and shall diligently pursue performance of the Services until completion.

C. Time is of the essence in the performance of this Agreement.


SECTION 6 - PAYMENT

A. Basic Services.

1. Agency shall pay Design Professional for full and faithful performance of Basic Services a fee in the amount of Eighty One Thousand, Three Hundred Forty-five Dollars and zero cents ($81,345.00).

2. Payments for various items of services may be modified with approval of Agency so long as there is no change in the maximum contract amount.


B. Additional Services.

1. Agency shall pay Design Professional for authorized Additional Services on an hourly basis, in accordance with the schedule of fees attached hereto as Exhibit B. Agency shall pay only for Additional Services authorized by the Agency Manager or her designee in writing or requested verbally by Agency and confirmed in writing by Design Professional within five (5) working days.

2. Design Professional and Agency shall agree upon an estimated not-to-exceed cost for any proposed Additional Services or, in the case of a verbal request, Design Professional shall provide Agency with a written estimated not-to-exceed cost for such Additional Services at least one (1) working day prior to commencing the additional Services. In no event shall Agency pay for Additional Services made necessary by Design Professional's errors or oversights.

C. Reimbursable Expenses.

In addition to compensation for Basic Services and Additional Services, Agency shall reimburse Design Professional at cost plus 10% for Reimbursable Expenses Design Professional incurs in the course of performing Services under this Agreement. Reimbursable Expenses include only the following items:

1. Reproduction and handling of work products prepared in connection with the Project;

2. Other expenses as Agency may approve in writing in advance.

D. If Agency disagrees with any portion of a billing, the Agency shall promptly notify Design Professional of the disagreement, and the Agency and the Design Professional shall attempt to resolve the disagreement. Agency’s payment of any amounts shall not constitute a waiver of any disagreement and Agency shall promptly pay all amounts not in dispute.

E. Design Professional shall maintain complete and accurate records of the number of hours worked by persons and Reimbursable Expenses on the Project under this Agreement. All such records shall be maintained on a generally accepted accounting basis and shall be clearly identified and readily accessible. Agency shall have the right to examine and copy such books and records at all times. Design Professional shall permit the Agency to examine and audit those books and records, shall permit the Agency to make copies of those books and records, and shall permit the Agency to inspect all work data, documents, proceedings and activities related to this Agreement for a period of three (3) years from the date of final payment under this Agreement. All accounting records shall provide an understandable breakdown of costs charged to this Agreement.

SECTION 7 - CONFLICT OF INTEREST

Design Professional understands that its professional responsibility is solely to Agency. Design Professional warrants that it presently has no interest, and will not acquire any direct or indirect interest, that would conflict with its performance of this Agreement. Design Professional shall not knowingly, and shall take reasonable steps to ensure that, it does not employ a person having such an interest in the performance of this Agreement. If after employment of a person, Design Professional discovers that it has employed a person with a direct or indirect interest that would conflict with its performance of this Agreement, Design Professional shall promptly disclose the relationship to the Agency and take such action as the Agency may direct to remedy the conflict.


SECTION 8 - TERMINATION

A. If Design Professional at any time refuses or neglects to prosecute its Services in a timely fashion or in accordance with the portions of the Schedule for which it is responsible without excuse, or is adjudicated as bankrupt, or commits any act of insolvency, or makes an assignment for the benefit of creditors without Agency's consent, or fails to make prompt payment to persons furnishing labor, equipment, or materials, or fails in any respect to properly and diligently prosecute its services, or otherwise fails to perform fully any and all of the agreements herein contained, Design Professional shall be in default.

B. If Design Professional fails to cure the default within seven (7) days after written notice thereof, Agency may, at its sole option, take possession of any Documents or other materials (in paper and electronic form) prepared or used by Design Professional in connection with the Project and (1) provide any such work, labor, or materials as may be necessary to overcome the default and deduct the cost thereof from any money then due or thereafter to become due to Design Professional under this Agreement; or (2) terminate Design Professional's right to proceed with this Agreement.

C. In the event Agency elects to terminate, this Agreement based upon Design Professional’s default, Agency shall have the right to immediate possession of all Documents and work in progress prepared by Design Professional, whether located at the Project, at Design Professional's place of business, or at the offices of a subconsultant, and may employ any other person or persons to finish the design work and provide the materials therefor. In case of such default termination, Design Professional shall not be entitled to receive any further payment under this Agreement until the Project is completely finished. At that time, if the unpaid balance of the amount to be paid under this Agreement exceeds the expenses incurred by Agency in obtaining urban planning and landscape architecture services for the Project, such excess shall be paid by Agency to Design Professional, but, if such expense shall exceed such unpaid balance, then Design Professional shall promptly pay to Agency the amount by which such expense exceeds such unpaid balance. The expense referred to in the last sentence shall include expenses incurred by Agency in causing the services called for under this Agreement to be provided by others, for attorneys' fees, and for any costs or damages sustained by Agency by reason of Design Professional's default or defective work.

D. In addition to the foregoing right to terminate for default, Agency reserves the absolute right to terminate this Agreement without cause, upon 72-hours' written notice to Design Professional. In the event of termination without cause, Design Professional shall be entitled to payment in an amount not to exceed the contract price which shall be calculated as follows: (1) Payment for Services then satisfactorily completed and accepted by Agency, plus (2) Payment for Additional Services satisfactorily completed and accepted by Agency, plus (3) Reimbursable Expenses actually incurred by Design Professional, as approved by Agency. The amount of any payment made to Design Professional prior to the date of termination of this Agreement shall be deducted from the amounts described in (1), (2) and (3) above. Design Professional shall not be entitled to any claim or lien against Agency or the Project for any additional compensation or damages in the event of such termination and payment. In addition, the Agency's right to withhold funds under Section 8(C) shall be applicable in the event of a termination for convenience.

E. If this Agreement is terminated by Agency for default and it is later determined that the default termination was wrongful, such termination automatically shall be converted to and treated as a termination for convenience under this Article and Design Professional shall be entitled to receive only the amounts payable hereunder in the event of a termination for convenience.

SECTION 9- OWNERSHIP OF DOCUMENTS

A. The plans, specifications, estimates, programs, reports, models, and other material prepared by or on behalf of Design Professional under this Agreement including all drafts and working documents, and including electronic and paper forms (collectively the "Documents"), shall be and remain the property of the Agency, whether the Project is completed or not. Design Professional shall deliver all Documents to Agency upon (1) the substantial completion date of the Project, (2) the date of termination of this Agreement for any reason, or (3) at any time requested by Agency, upon five (5) days written notice.

B. The Documents may be used by Agency and its agents, employees, representatives, and assigns, in whole or in part, or in modified form, for all purposes Agency may deem advisable in connection with completion and maintenance of, and additions to, the Project, without further employment of or payment of any compensation to Design Professional; provided, however, that if this Agreement is terminated for any reason prior to completion of the Project and if under such circumstances Agency uses, or engages the services of and directs another Design Professional to use, such documents to complete the Project, Agency agrees to release Design Professional from any responsibility for the conformance of the incomplete portions of the Project to the Documents and to hold Design Professional harmless from any and all liability, costs, and expenses (including reasonable legal fees and disbursements), relative to claims arising out of matters and/or events which occur subsequent to the termination of this Agreement as a result of causes other than the fault or negligence of Design Professional, or anyone for whose acts it is responsible, in preparation of the Documents. Design Professional shall not be responsible for deficiencies solely attributable to modifications to the Documents performed by others, or that arise from use of the Documents on a site other than that shown in the Documents.

B. All reports, information, data, and exhibits prepared or assembled by Design Professional in connection with the performance of its services pursuant to this Agreement are confidential until released by the Agency to the public, and the Design Professional shall not make any of these documents or information available to any individual or organization not employed by the Design Professional or the Agency without the written consent of the Agency before any such release.

SECTION 10 – INDEMNITY

A. Claims for Professional Liability – Design Professional shall, with respect to all Services performed in connection with this Agreement, defend, indemnify, and hold the Agency, and the City of Brentwood its elected and appointed officers, employees, and volunteers harmless from and against any and all claims, liability, loss, damage, costs, or expenses, including reasonable attorneys' fees, awards, fines, or judgments (collectively, "Claims"), arising from or relating to negligent acts, errors, or omissions in the performance of professional services by Design Professional, its subcontractors, agents or employees. Design Professional shall not be obligated under this Agreement to indemnify Agency to the extent that the damage is caused by the sole or active negligence or willful misconduct of Agency, its agents or employees.

B. Claims for Other Liability – Design Professional shall, with respect to all Services performed in connection with this Agreement, defend, indemnify, and hold the Agency, and the City of Brentwood, its elected and appointed officers, employees, and volunteers harmless from and against any and all liens and Claims by firms or individuals claiming through Design Professional, and all Claims for compensation, the death or bodily injury to persons, injury to property, or other loss, damage, or expense arising from or related to the Services of Design Professional , its subcontractors, agents or employees. Design Professional shall not be obligated under this Agreement to indemnify Agency to the extent that the damage is caused by the sole or active negligence or willful misconduct of Agency, its agents or employees.

C. Claims involving intellectual property - In addition to the obligations set forth in (A) and (B) above, Design Professional shall indemnify, defend, and hold the Agency and the City of Brentwood, its elected and appointed officers, employees, and volunteers, harmless against any Claim in which a violation of intellectual property rights, including but not limited to copyright or patent rights, is alleged that arises out of or relates to Design Professional's work under this Agreement.






SECTION 11 – INSURANCE

A. Design Professional shall, at all times it is performing services under this Agreement, provide and maintain insurance in the following types and with limits no less than the following amounts:

1. Commercial General Liability Insurance, occurrence form, with a limit of not less than $1,000,000 each occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit;

2. Automobile Liability Insurance, occurrence form, with a limit of not less than $1,000,000.00 each occurrence. Such insurance shall include coverage for owned, hired, and non-owned automobiles.

3. Professional Liability (errors and omissions) insurance in the minimum amount of $1,000,000.00 aggregate.

4. Workers Compensation in at least the minimum statutory limits.

5. Employer’s Liability Insurance, with minimum limits of $1 million per occurrence.

B. General Provisions:

1. Design Professional's general and automobile liability insurance policies shall be endorsed to name the Agency, its elected and appointed officers, employees, and volunteers as additional insureds with respect to this Agreement and the performance of services in this Agreement. The coverage shall contain no special limitations on the scope of its protection to the above-designated insureds except for Workers Compensation and errors and omissions insurance.

2. Design Professional's general and automobile liability insurance policies shall be endorsed so that they are primary with respect to any insurance or self-insurance programs of Agency, its officers, employees, and volunteers.

3. Before performing any services under this Agreement, Design Professional shall provide evidence of the required coverage and limits, and properly executed policy endorsements satisfactory to Agency.

4. No changes in insurance may be made without the written approval of the Agency Attorney's Office.

SECTION 12 - WAIVERS

The waiver by either party of any breach or violation of any term, covenant, or condition of this Agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of same or of any other term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this agreement of any applicable law or ordinance.

SECTION 13 - COSTS AND ATTORNEYS FEES

Attorney fees in an amount not exceeding Eighty Five Dollars ($85.00) per hour per attorney, and in total amount not exceeding Five Thousand Dollars ($5,000.00), shall be recoverable as costs (by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of the agreement. The above $5000 limit is the total of attorneys’ fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals, or actions. It is the intent of this agreement that neither party shall have to pay the other more than $5000 for attorneys’ fees arising out of an action, or actions to enforce the provisions of this agreement.

SECTION 14 - NON-DISCRIMINATION

Design Professional warrants that is an Equal Opportunity Employer and shall comply with applicable regulations governing equal employment opportunity. Neither Design Professional nor any of its subcontractors shall discriminate in the employment of any person because of race, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, or age, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment and Housing Act.

SECTION 15 - MEDIATION

Should any dispute arise out of this Agreement, either party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first requesting mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties.

SECTION 16 - LITIGATION

Design Professional shall testify at Agency's request if litigation is brought against Agency in connection with Design Professional's services under this agreement. Unless the action is brought by Design Professional, or is based upon Design Professional's actual or alleged negligence or other wrongdoing, Agency shall compensate Design Professional for time spent in preparation for testimony, testimony, and travel at Design Professional's standard hourly rates at the time of actual testimony.


SECTION 17 - NOTICES

All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:

To Agency: Gina Rozenski, Redevelopment Manager
Redevelopment Agency of the City of Brentwood
150 City Park Way
Brentwood, CA 94513

To Design Professional: Linda Gates, Vice President
David Gates + Associates
2440 Tassajara Lane
Danville, CA 94526


SECTION 18 – AGREEMENT CONTAINS ALL UNDERSTANDINGS; AMENDMENT

This document represents the entire and integrated agreement between Agency and Design Professional and supersedes all prior negotiations, representations, and agreements, either written or oral.

This document may be amended only by written instrument signed by both Agency and Design Professional.







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SECTION 19 – GOVERNING LAW

This agreement shall be governed by the laws of the State of California.

IN WITNESS WHEREOF, AGENCY and DESIGN PROFESSIONAL have executed this agreement the day and year first above written.


AGENCY OF BRENTWOOD GATES + ASSOCIATES


________________________________ _____________________________
DONNA LANDEROS, Executive Director
Title: _________________________

ATTEST: Print Name:____________________

________________________________
Margaret Wimberly, CMC, Agency Secretary

APPROVED AS TO FORM:

________________________________
Damien B. Brower, Agency Attorney




EXHIBIT "A"
SCOPE OF SERVICES

SCOPE OF SERVICES
Downtown Streetscape Plan, Brentwood

TASK 1 – DATA COLLECTION The objectives of this task are to develop a framework for project administration; collect base data through City Staff interviews, field observation and document review; and to develop an understanding of project issues which builds upon Downtown Specific Plan and historic character of setting.

SubTask 1.1 – Project Initiation Define in detail the working relationship between DGA and the City Staff.

Establish overall scheduling. Specify check points, work products and other aspects of project management.

Identify any key contact persons such as maintenance, traffic, public works, parks, police, whose input will need to be incorporated into the project. Also, any other stakeholders (Caltrans, Park Design team) that may have input.

SubTask 1.2 – Existing Data Review Review existing relevant studies, reports, and maps:
• Downtown Specific Plan
• Public Works Design Standards
• Pending Development Plans
• Plans for park
• Pending infrastructure improvement Plans

SubTask 1.3 – Staff Orientation Meeting Obtain from City Staff information on planning and technical constraints/requirements which may impact the streetscape design such as:
• Clearances from utilities; sightline clearances
• Ultimate curb/median configuration – sidewalk and travel lane widths
• Transit facility locations
• Maintenance standards and preferences
• Proposed infrastructure improvements

SubTask 1.4 – Field Reconnaissance Conduct field reconnaissance to assess and document existing conditions, including:
• Existing land uses and businesses in Specific Plan boundaries.
• General locations of off-street and on-street parking and setback patterns
• Circulation patterns – auto, pedestrian, bicycle (sidewalk configuration/ curb cuts)
• Overhead utilities, vaults and easements which must be coordinated with streetscape plans
• Existing thematic ambiance, predominant architectural vernacular and façade details
• Identification and health of existing streetscape system

SubTask 1.5 – Base Map Preparation Obtain aerial bases, improvement, CADD drawings and other base information from the City in order to prepare project base maps at a scale suitable for planning purposes.


PRODUCTS:
Workscope/Schedule
Project Base Maps
Opportunities and Constraints Summary
MEETINGS:
Staff Meeting 1

TASK 2 – ALTERNATE DEVELOPMENT The objective of this task is to prepare concept plans to address the various streetscape conditions.

SubTask 2.1 –Prototype Landscape/ Hardscape Plan Development of a prototypical Landscape and Hardscape plans and sections for each of eight (8) Downtown streetscape types. Plans would illustrate typical locations of sidewalk street width, street lights, street trees, street furniture, parking pattern, utility interface, etc.

Prototypical Streets may include:
• Downtown Core Street
• Civic Core Street A
• Civic Core Street B
• Neighborhood Street
• Downtown Blvd.
• Eastern Gateway
• Oak Street Extension
• Flexible Zone Plans

SubTask 2.2 – Key Study Area Prepare concept sketches for enhancing the downtown entries and nodes:
• Oak Street and Brentwood Blvd. Entry
• 2nd Street and Brentwood Blvd. Entry
• Downtown Intersection
• Residential Intersection

SubTask 2.2 – Character & Palette Identification Collect images of streetscapes and site amenities from other communities. Create a palette of hardscape/landscape materials (tree species, light standards, paving materials, and site furnishings) for discussion.


SubTask 2.4 – Alternate Review/ Refinement Meet with City Staff to review materials.

Facilitate discussion of general cost, maintenance and construction disruption issues.

Based on input from staff refine plans and palette.

Prepare exhibits for Community Workshop, including:
• 2-3 concepts for each entry
• 2-3 hardscape and landscape palettes
• Alternatives for streets as appropriate

SubTask 2.5 – Alternate Evaluation Workshop Assist staff to develop flyer/notice for community workshop.

At workshop facilitate discussion to develop consensus on preferred alternate:
• Review existing conditions and discuss desired imagery (street furniture, trees, paving materials).
• Discuss site opportunities and constraints.
• Present the alternate streetscape concepts.

Assist the community in evaluating all for:
• Appropriateness to setting and desired character.
• Relationship to adjacent uses.
• Circulation implications

PRODUCTS:
Prototypical plans and sections
Key study Area
Hardscape/Landscape Palette (2-3 options)
Workshop Exhibits

MEETINGS:
Community/City Council Workshop 1
Staff 2

TASK 3 – MASTER PLAN DEVELOPMENT The objective of this task is to provide a clearly defined vision for the streetscape beautification which can be implemented incrementally by public and private sectors.

SubTask 3.1 – Preferred Plan Based on workshop input develop Preferred Plan including:
• Refined prototypes (plans and sections)
• Gateway elements
• Materials palette

SubTask 3.2 – Council Study Session Prepare exhibits for Council study session.

Facilitate Council in a study session to review streetscape concepts.

SubTask 3.3 – Master Plan Refinement Based on input from City Council, refine preferred plans, streetscape materials palette, and focal areas studies.


SubTask 3.5 – Implementation Strategy Work with Staff to prepare opinion of probable cost for each streetscape prototypes.

Identify phasing increments and potential “catalyst” projects. (immediate beautification)

SubTask 3.4 – Design Development Segment To test prototypes, develop Design Development plans for streetscape across from the park and on 2nd between Oak and Maple using CADD bases and improvement plans provided by City.

PRODUCTS:
Preferred Plan Council Presentation Exhibit
Final Master Plan
Design Development Streetscape Segment
Phasing Strategy


MEETINGS:
City Council Study Session 1
Staff 1

TASK 4 – DOCUMENT PREPARATION Consolidate streetscape plans into a summary booklet for use by both public and private sector.

SubTask 4.1 – Administrative Draft (1st Draft) Prepare text and consolidate graphics into a single document.

A. Overall Landscape and Hardscape Character – Summarize design concept (the setting, site character, adjacent use interface) for each streetscape type in Downtown.

B. Prototypical Streetscape Standards – Prepare design standards documenting Landscape and Hardscape improvements:

C. Landscape and Hardscape Materials

SubTask 4.2 – City Staff Review Submit to Staff for review; meet with Staff to discuss their comments.

SubTask 4.3 – Final Draft Incorporate Administrative Draft comments into Final Draft. Format Final Draft Plan into an 8-1/2” x 11” summary document. Incorporate photos, illustrative sketches, plans, diagrams, cover design, and other special graphic treatments which clarify design criteria.

SubTask 4.4 – Review Presentation of Proposed Plan to City Council for consideration.

SubTask 4.5 - Final Guidelines Incorporate comments into Final Streetscape Plan document.

PRODUCTS:
Administrative Draft (5 copies)
Draft (20 copies)
Final Report (Camera Ready)
Presentation Exhibits

MEETINGS:
City Staff 1
City Council 1







EXHIBIT "B"


FEE SCHEDULE


1. DGA’s fees shall be as described in the scope of services, plus Expenses. Expenses of Design Professionals and other direct expenses shall be paid by the Client in the amount invoiced to DGA plus ten percent (10%) for handling and indirect costs. These may include, but are not limited to printing and reproduction costs, mileage and travel costs and other miscellaneous expenses.

2. STANDARD HOURLY RATES:

Services of: Rate Per Hour

President $175.00
Principal $115.00 - $150.00
Senior Associate $105.00 - $125.00
Irrigation Designer $105.00
Associate $85.00 - $105.00
Draftsperson/Landscape Designer $70.00 - $85.00
Clerical Staff $65.00 - $75.00

3. Invoices for Services and Reimbursables shall be provided by DGA each month and are payable upon receipt. Agency agrees to review the invoice and ask any questions of DGA within ten (10) days of receipt. If we do not hear from you, the invoice shall be deemed proper and acceptable. If the balance is not paid within thirty (30) days from receipt, the unpaid balance will accrue interest at ten percent (10%) per annum compounded daily until paid in full.



 

City Administration
City of Brentwood City Council
150 City Park Way
Brentwood, CA 94513
(925) 516-5440
Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov