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HomeMy WebLinkAboutItem 4.05 HausrathEconGrp AGMT . .. CITY CLERK File # D[b][Q][Q]-~[Q] AGENDA STATEMENT CITY COUNCIL MEETING DATE: October 6,1998 SUBJECT: Agreement With Hausrath Economics Group for preparation of a revision to the Public Facilities Fee Justification Study. Report by: Diane Iowart, Parks & Community Services Director 1. Agreement 2. Budget Change Form RECOMMENDATION: ("e1/,,'Yi. Authorize Mayor to Execute Agreement ':~ 2. Approve Budget Change Form ATTACHMENTS: FINANCIAL STATEMENT: Estimated cost not to exceed $7,450 to be repaid from public facility fees DESCRIPTION: At the March 26, 1996 meeting of the City Council, the Council received the Public Facilities Fee Justification Study dated March 7, 1996 and adopted Resolution 32-96 which established a Public Facilities Fee for future developments within the City of Dublin. . Since that time the City Council has approved a number of additional General Plan Amendments and Staff has observed a significant increase in both land and improvement costs for public facilities. Consequently, the City Council adopted the following high priority goal: "to update the Public Facilities Fee Study to incorporate development not included in the original study and to update community park and neighborhood park land fees ". Additionally, the City Council, at its October 1, 1998 meeting, authorized Staff to secure consultant services to update the Public Facility Fee related to libraries as a result of their decision to move forward with construction of a 37,000 library building. .. Staff has received a proposal from Hausrath Economics Group to prepare a revision to the Public Facilities Fee Justification Study. The tasks to be undertaken as pm1 of the revision are as follows: . Update development projections to reflect General Plan revisions; Update new development park demand, parkland values, and park improvement costs per acre; Add Community Gymnasium to existing community/recreation facilities, recalculate community recreation facility standard, adjust square footage of proposed communitylrecreation facilities, and update community/recreation facilities costs; Revise Libraries section based on construction ofa new 37,000 square-foot library; Change proposed improvements and improvement costs in Civic Center section; Update Executive Summary, Chapter I (Introduction), Chapter VII (Calculation of Fees and Program Implementation), and Appendix A (Existing Deficiencies) to reflect above changes; Include a new section explaining changes in calculated fee levels between the March 7, 1996 report and this update. . . . . . ---------------------------------------~~---~---------------------- COPIES TO: Hausrath Economics Group ITEMNO.~ F:\pubfacfe\update\cc I 06.doc Attached is the City's Standard Consultant Services Agreement which includes a detailed scope ofwo.rk, a proposed schedule for completion of the work and a fee proposal. It is estimated that the work will take about four weeks to complete at a cost not to exceed $7,450. Staff recommends that the City Council authorize the Mayor to execute the Agreement and approve th. budget change form to appropriate funds for the project. . . . . . AGREEMENT BET\VEEN CITY OF DUBLIN AND HAUSRATH ECONOMICS GROUP FOR PREPARATION OF A REVISION TO THE PUBLIC FACILITIES FEE JUSTIFICATION STUDY THIS AGREEMENT is made at Dublin, California, as of October 6, 1998 by and between the CITY OF DUBLIN, a municipal corporation ("City"), and Hausrath Economics Group ("Contractor"), who agree as follows: 1. SERVICES. Subject to the tern1S and conditions set forth in this Agreement, Contractor shall provide to City the services described in Exhibit A. Contractor shall provide said services at the time, place and in the manner specified in Exhibit A. 2. PAYMENT. City shall pay Contractor for services rendered pursuant to this Agreement at the time and in the manner set forth in Exhibit B. The payments specified in Exhibit B shall be the only payments to be made to Contractor for services rendered pursuant to this Agreement. Contractor shall submit all billings for said services to City in the manner specified in Exhibit B; or, if no manner be specified in Exhibit B, then according to the usual and customary procedures and practices which Contractor uses for billing clients similar to City. 3. FACILITIES AND EQUIPMENT. Except as set forth in Exhibit C, Contractor shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement. City shall furnish to Contractor only the facilities and equipment listed in Exhibit C according to the terms and conditions set forth in Exhibit C. 4. GENERAL PROVlSIONS. The general provisions set forth in Exhibit D are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the other term or condition shall control insofar as it is inconsistent with the general provisions. 5. EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein. 6. CONTRACT ADMINISTRATION. This Agreement shall be administered by the City Manager ("Administrator"). All correspondence shall be directed to or through the Administrator or his designee. 7. NOTICES. Any written notices shall be sent to: Contractor Mr. Robert D. Spencer Hausrath Economics Group 1212 Broadway, Suite 1500 Oakland, CA 94612 City Ms. Diane Lowart City of Dublin 100 Civic Plaza Dublin, CA 94568 Executed as of the day first above stated: CITY OF DUBLIN, a municipal corporation By "City" Attest: City Clerk HAUSRATH ECONOMICS GROUP By "Consultant" Approved as to form: City Attorney A TT ACHMENT 1 EXHIBIT A SCOPE OF SERVICES The work to be undertaken involves the preparation of a revision to the Public Facilities Fee Justificatioe Study dated November 1996 and prepared for the City by Hausrath Economics Group. The revision will involve the following tasks. . · Update development projections (in Chapter II) to reflect General Plan revisions: the elimination of the Trurnark Homes project and the inclusion of the Park Sierra Apartment Project and the Starward Drive Project; · Update new development park demand, parkland values, and park improvement costs per acre (Chapter III); · Add Community Gymnasium to existing community/recreation facilities, recalculate community recreation facility standard, adjust square footage of proposed community/recreation facilities, and update community/recreation facilities costs (Chapter IV); · Revise Libraries section (Chapter V) based on construction of a new 37,000 square-foot library; · Change proposed improvements and improvement costs in Civic Center section (Chapter VI); · Update Executive Summary, Chapter I (Introduction), Chapter VII (Calculation of Fees and Program Implementation), and Appendix A (Existing Deficiencies) to reflect above changes; and · Include a new section explaining changes in calculated fee levels between the March 7, 1996 report and this update. Schedule . The revisions will take approximately four weeks to complete, once all data is available. . Exhibit A Page 1 of 1 . . . EXHIBIT B PA~ENTSCHEDULE 1. City shall pay Contractor an amount not to exceed the total sum of Seven Thousand, Four Hundred Fifty and No/lOO Dollars ($7,450.00) for services to be performed pursuant to this Agreement. This amount is based on an estimate of 85 hours for Dan Chatman and 12 hours for Robert D. Spencer. Labor will be billed at cost based on the following rate schedule: HEC Staff Robert D. Spencer Dan Chatman Hourlv Rate $1"00 $ 70 Direct expenses will be billed at cost and will not exceed $150. 2. Contractor shall submit invoices, not more often than once per month, based upon the work completed as identified in EXHIBIT A "Scope of Work". 3. City shall retain 1 0% of all billings, until the City has determined that the scope of work pursuant to this Agreement have been satisfactorily performed. 4. The total sums stated above shall be the total which City shall pay for the services to be rendered by Contractor pursuant to this Agreement. City shall not pay any additional Sunl for any expense or cost whatsoever incurred by Contractor in rendering services pursuant to this Agreement. 5. City shall make no payment for any extra, further or additional service pursuant to this Agreement unless such extra service and the price therefor is agreed to in a written Change Order executed by the City Manager, or other designated official of the City authorized to obligate City thereto. Said Change Order shall be executed prior to the time such extra service is rendered and in no event shall such change order exceed twenty-five (25%) of the initial Contract price stated in Section 1 above. In the event the event the Change Order exceeds this limitation, City Council approval shall be required. 6. The services to be provided under this Agreement may be terminated without cause at any point in time in the sole and exclusive discretion of City. In this event, City shall compensate the Contractor for all outstanding costs incurred as of the date of written notice thereof and shall terminate this Agreement. Contractor shall maintain adequate logs and time sheets in order to verify costs incurred to date. , 7. The Contractor is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of a fully executed copy ofthis Agreement. Exhibit B Page 1 of 1 EXHIBIT C City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Contractor's use while consulting with City employees and reviewing recordS. and the information in possession of City. The location, quantity, and time of furnishing said physical facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility which may involve incurring any direct expense, including, but not limiting the generality of this exclusion, long-distance telephone or other communication charges, vehicles, and reproduction facilities. . . Exhibit C Page 1 of 1 . . . EXHIBIT D GENERAL PROVISIONS 1. INDEPENDENT CONTRACTOR. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. 2. LICENSES: PERMITS: ETC. Contractor represents and warrants to City that he has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required .for Contractor to practice his profession. Contractor represents and warrants to City that Contractor shall, at his sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Contractor to practice his profession. 3. TIME. Contractor shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of Contractor's obligations pursuant to this Agreement. 4. INSURANCE REQUIREMENTS. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the Contractor's bid. (a) Minimum Scope ofInsurance. Coverage shall be at least as broad as: 1. Insurance Services Office form number GL 0002 (Ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001). 2. Insurance Services Office form number CA 000 I (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. 3. Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability Insurance. (b) Minimum Limits of Insurance. Contractor shall maintain limits no less than: 1. General Liability: $1,00.0,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 3. Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. (c) Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. 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, officials and employees; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. (d) Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: Exhibit D Page 1 of3 1. General Liability and Automobile Liability Coverages. a. The City, its officers, officials, employees and volunteers are to be covered as insured as respects: liability arising out of ' activities performed by or on behalf of the Contractor; products and completed operations of the Contractor, premises owned, occupied or used by the Contractor, or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shal. contain no special limitations the scope of the protection afforded to the City, its officers, officials, employees and volunteers. b. The Contractor'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 Contractor's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. . d. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. Worker's Compensation and Employees Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by the Contractor for the City. 3. Professional Liability. Contractor shall carry professional liability insurance in an amount deemed by the City to adequately protect the Contractor against liability caused by negligent acts, errors or omissions on the part of the Contractor in the course of performance of the services specified in this Agreement. 4. All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. (e) Acceptability ofInsurers. Insurance is to be placed with insurers with a Bests' rating of no less than A: VII. . (f) Verification of Coverage. Contractor shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. (g) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. (h) The Risk Manager of City may approve a variation in those insurance requirements upon a determination that the coverages, scope, limits and forms of such insurance are either not commercially available or that the City's interests are otherwise fully protected. 5. CONTRACTOR NO AGENT. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 6. ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to . this Agreement shall be void and of no effect. Exhibit D Page 2 of3 . . . 7. PERSONNEL. ContraCtor shall assIgn only competent personnel to perform servIces pursuapt to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the removal of any such persons, Contractor shall, immediately upon receiving notice from City of such desire of City, cause the removal of such person or persons. 8. STANDARD OF PERFORMANCE. Contractor 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 Contractor is engaged in the geographical area in which Contractor practices his profession. All instruments of service of whatsoever nature which Contractor delivers to City pursuant to this Agreement shall be prepared in a substantial, first class and workmanlike manner and conform to the standards of quality normaIly observed by a person practicing in Contractor's profession. 9.' HOLD HARMLESS AND RESPONSIBILITY OF CONTRACTORS. Contractor shaIl take all responsibility for the work, shall bear all losses and dan1ages directly or indirectly resulting to him, to any subcontractor, to the City, to City officers and employees, or to parties designated by the City, on account of the performance or character of the work, unforeseen difficulties, accidents, occurrences or other causes predicated on active or .passive negligence of the Contractor or of any subcontractor. Contractor shall indemnify, defend and hold harmless the City, its officers, officials, directors, employees and agents from and against any or all loss, liability, expense, claim, costs (including costs of defense), suits, and damages of every kind, nature and description directly or indirectly arising from the performance of the work. This paragraph shall not be construed to exempt the City, its employees and officers from its own fraud, willful injury or violation of law whether willful or negligent. For purposes of Section 2782 of the Civil Code the parties hereto recognize and agree that this agreement is not a construction contract. By execution of this agreement Contractor acknowledges and agrees that he has read and understands the provisions hereof and that this paragraph is a material element of consideration. Approval of the insurance contracts does not relieve the Contractor or subcontractors from liability under this paragraph. 1 O. GOVERNMENTAL REGULATIONS. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Contractor shaIl comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 11. DOCUMENTS. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda or other written documents or materials prepared by Contractor pursuant to this Agreement shall become the property of the City upon completion of the work to be performed hereunder or upon termination of the Agreement. Exhibit D Page 3 of3 CITY OF DUBLIN BUDGET CHANCE FORl\1 CHANGE FORM # . New Appropriations (City Council Approval Required): Budget Transfers: From Unappropriated Reserves From Budgeted Contingent Reserve (1080-799.000) Within Same Department Activity BCl\\"ecn Departments (City Council Approval ~::I._ From New Revenues Required) Other ::}:~:tI:J:'fl$pg~A:$:ij:~:~"vP"Q$lr:AGy.Q.VJ.i1Jm:::::m:::!t::I!:::::ImA'~jQPNXm:::m:::!::m Name: ....... mmCRE8sE.nOQ4J~?tmAQQQUN1Ym::Im:I::::.I:::::AMQttNm::::::::::':::"::: Name: Public Facilities Fee Study - $7,450 Professional SCI"\'ices Account #: Account #: 300-9-l50-729 Name: Name: Public Facility Fees $7,450 Account #: Account #: 300-570-005 Name: Name: Account #: Account #: Name: Namc: Account #: Account #: Name: Name: Account #: Account #: REASON FOR BUDGET CHANGE ENTRY: In order to revise the Public Facilities Fee, consultant services are necessary to prepare an update to the Public Facilities Fee Justification Study. City Manager: Date: Signature C:ouncii" Meeting''8IEDate:>"" ....................-:......... . :'". '.',:' '" ., . .", . Mayor: Date: Signature . Posted By: Date: Signature A TT ACHMENT 2