HomeMy WebLinkAboutItem 4.18 EDublinTraffic&FacFee
CITY CLERK
File # D~[Q][Q]-GJ[Q]
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AGENDA STATEMENT
CITY COUNCIL MEETING DATE: May 19,1998
SUBJECT:
Approval of Appraisal Services - Eastern Dublin Traffic Impact Fee
and Facility Impact Fee Updates
Report Prepared by: Lee S. Thompson, Public Works Director
EXHIBITS ATTACHED:
1. Resolution approving agreement with Associated Right of Way
2. Consultant Agreement
RECOMMENDATION: n A\.dopt Resolution approving agreement for appraisal services for
\W Eastern Dublin
FINANCIAL STATEMENT:
The proposal includes services to be charged on a time and materials
basis to an estimated budget of $24,500 plus additional services
requested by the City if needed. The cost of these services is being
paid for through Eastern Dublin Traffic Impact Fees.
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DESCRIPTION: The City has previously adopted the Eastern Dublin Traffic Impact
Fee and Facilities Impact Fee to pay for the oversizing of major transportation improvements and
common facilities, including parks, required for the development of Eastem Dublin.
These fees must be periodically updated for three reasons: 1) the valuation of properties in Eastern
Dublin has increased due to development and utilities extending to the east; 2) the cost of construction has
been increasing; and 3) the actual development densities and uses must be matched with those assessed.
This appraisal contract is critical for determining the current value of property in Eastern Dublin to insure
that there are sufficient monies to purchase land and right-of-way for parks and streets as needed for
development.
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Staff sent out seven Requests For Proposals for appraisal services and only received one response,
from Associated Right of Way Services, Inc. of Pleasant HilL Staffhas reviewed the proposal, checked
references, and believes that Associated Right of Way Services, Inc. is competent and able to perform the
scope of work necessary for performing appraisals to update the Eastern Dublin Traffic Impact Fee and
Facilities Impact Fee. This firm is familiar with the activity in Eastern Dublin and has performed two
recent appraisals for Dublin San Ramon Services District.
Staff recommends adoption of the resolution approving the agreement with Associated Right of Way
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COPIES TO: Associated Right of Way
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RESOLUTION NO. ~ 98
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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APPROVING AGREEMENT WITH ASSOCIATED RIGHT OF WAY, INC.
FOR APPRAISAL SERVICES
WHEREAS, development in Eastern Dublin necessitates improvements of the infrastructure in
that area; and
WHEREAS, improvements in Eastern Dublin are funded through the Eastern Dublin Traffic
Impact Fee and the Facilities Impact Fee; and
WHEREAS, a periodic update of these Fees is required due to an increase in valuation of
properties in Eastern Dublin and to insure sufficient monies to purchase land and right-of-way needed for
development; and
WHEREAS, the City desires to utilize the services of Associated Right of Way, Inc., to perform
appraisals regarding said updates to the said Fees; and
WHEREAS, cost of these appraisals will be paid through the Eastern Dublin Traffic Impact Fee;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby
approves the agreement with Associated Right of Way, Inc., for appraisal services.
BE IT FURTHER RESOLVED that the Mayor is authorized to execute the agreement.
PASSED, APPROVED AND ADOPTED this 19th day of May, 1998.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
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EXHIBIT 1
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STANDARD
CONSULTING ENGINEERING SERVICES AGREEMENT .
THIS AGREEMENT is made at Dublin, Californi~ as of , 1998, by and
between the CITY OF DUBLIN, a municipal corporation ("City"), and Associated Right of Way Services,
Inc.("Consultant"), who agree as follows:
1. SERVICES. Subject to the terms and conditions set forth in this Agreement,
Consultant shall provide to City the services described in Exhibit A. Consultant shall provide said
services at the time, place, and in the manner specified in Exhibit A.
2. PAYMENT. City shall pay Consultant 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 Consultant for services rendered pursuant to this Agreement.
Consultant shall submit all billings for said services to City in the manner specified in E4hibit B; or, if no
manner be specified in Exhibit B, then according to the usual and customary procedures and practices
which Consultant uses for billing clients similar to City.
3. FACILITIES AND EQUIPMENT. Except as set forth in Exhibit C, Consultant 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 Consultant only the facilities and equipment
listed in Exhibit C according to the terms and conditions set forth in Exhibit C.
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4. GENERAL PROVISIONS. 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. SUBCONTRACTING. The Consultant shall perform the work contemplated with
resources available within its own organization and no portion of the work pertinent to this contract shall
be subcontracted without written authorization by the City, except that which is expressly identified in
the Consultant's proposal.
7. CHANGES. City may from time to time require changes in the scope of the
services by Consultant to be performed under this Agreement. Such changes, including any change in the
amount of Consultant's compensation which are mutually agreed upon by City and Consultant, shall be
effective as amendments to this Agreement only when in writing.
8. RESPONSIBLE CHARGE. Consultant shall assign a project manager(s) to the
project for the duration of the project. There shall be no change in the Project Manager or members of the
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Agreement
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EXHIBIT 2
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project team without prior written approval by the City. The Project Manager for Consultant shall be
David W. Simmons, Jr..
9. CONTRACT ADMINISTRATION. This Agreement shall be administered by LEE S.
TIlOMPSON ("Administrator"). All correspondence shall be directed to or through the Administrator or
his or designee.
10. NOTICES. Any written notice to Consultant shall be sent to:
David W. Simmons. Jr.
Vice President
Associated Ril2:ht ofWav Services. Inc.
3496 Buskirk Ave.. Suite 105
Pleasant HilL CA 94523
Any written notice to City shall be sent to:
Lee S. Thompson
Director of Public Works/City Engineer
P. O. Box 2340
Dublin, CA 94568
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Executed as of the day first above stated:
CITY OF DUBLIN,
a municipal corporation
By
"City"
Attest:
City Clerk
By
Associated Right of Way Services, Inc. "Consultant"
Approved as to form:
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City Attorney
AQI'eement
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CITY OF DCBLlN
EAST DUELl!"
EXHIBIT A
SCOPE OF SERVICES AND BUDGET ESTIMATE - MAy 6, 1998
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1. Provide Restricted Report of Valuations in Area generally defined as Dublin Ranch and properties north of the
1.580 freeway, west offuture Fallon Road east ofTassajara Road.
2. Basic assignment and valuations to be of land only (no improvements) and reported as unit values, Le. per square foot,
etc. City to agree on spreadsheet format for restricted report of valuations. All above valuations for the City use only in
developing value range for impact fees and developer credits. These are not qualified for acquisition appraisals. Acquisition
appraisal can be provided at a later date, if needed., as additional services.
3. Appraisers Shall...
L Inspect the properties.
2. Determine Zoning and Highest and Best Use, assuming streets and utilities completed as shown on attached plat of
Dublin Rlmch, 10/97.
3. Review City General Plan designations.
4. Provide Assessor's maps and ownership data (AfetroScan).
5. Define and Describe (briefly) each parcel or zone for valuatiOIt
6. Ascertain from City any public encumbrances or future dedications.
7. Collect market data including broker discussions.
8. Use approved spreadsheet format
9. Analyze data for value conclusions.
10. Deliver assigned parcels by transmittal letter and spreadsheet summary.
1 L Utilize restricted format for valuation report
4. ARlWS has a fee schedule for various activities. We can perform preliminary estimates, restricted appraisals for City.
only, complete acquisition appraisals of properties of either improved or vacant land. We can provide owner/developer
contacts including negotiating for any required City property rights; we can coordinate real estate activities for the City with
other public agencies such as the COWlty and Dublin San Ramon Services District. For public agency acquisitions, ;e can
handle all matters from proper notices to owners to escrow closures and processing for legal actioIt This scope of services is
based on an assignment for valuations and consulting only.
(See Fee Schedule, Exhibit "B")
5.
Budget EStimate:
$24,500.00
Tasks: (Intended Start: 5/21/98 - Completion: 7/27/98)
Estimated
Cost
Time
Schedule
A
B.
Initial Effort, Inventory All Parcels and Property Data
Develop Limited/Restricted Appraisal Format for up to
twenty (20) parcels/zones using spreadsheet and attaclunents.
Collect Market and Area Data.
Spreadsheet Conclusions. (Up to Twenty (20) ParcelslZones)
Consult as Necessary on Hourly Basis. (Fee Schedule)
$ 5,000.00
1,000.00
25 Days
5 Days
C.
D.
E.
8,000.00
8,000.00
2.500.00
18 Days
20 Days
60 - 70 Days
Total Budget Estimate:
$24,500.00
6. Work Plan / Methodology:
The ARfWS Work Plan for this assignment proposes an all.inclusive and streamlined approach. Our goal is to organize a cOnSOlida.
report (spreadsheet of.unit lan~values) to address a large numb::r of~arcels using a.re~tricted appraisal format. We suggest that wI
all parcels should be lllventoned, a selected smaller group be identified for a prehnnnarv model restricted appraisal fonnat for the
City's review of format and content Upon acceptance by the City of the format and mutual agreement between the City and ARlWS
as to number of parcels they can be evaluated. Tentative count indicates twenty (20) parcels or zones for valuations.
dubl1nrarlch-scoposTVcbud)J_od/'_OS,0- 9.1'
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Exhibit "B"
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(payment Schedule - Exhibit "B-1")
(Schedule of Fees -- "B-2")
Exhibit "B-1" - Payment Schedule
City shall pay Consultant an amount not to exceed the total sum of $24,500 for services to be
performed pursuant to this Agreement. Consultant shall submit invoices at the end of each calendar
month for services performed during the previous month. A brief description outlining the work
performed will be included with each invoice. Invoices are due and payable within thirty (30) days of
receipt by City . This is a time and materials contract in accordance with the ARlWS Fee Schedule
attached hereto as Attachment No. "B-2". Consultant will provide services in addition to the initial
assignment which may, from time to time, be requested by City. In the event such supplemental
services are requested, they will be identified as supplemental services on invoices and processed as
additional Task Orders and/or on a time charged basis as determined by City.
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 writing executed by the City Manager or
other designated official of the City authorized to obligate City thereto prior to the time such extra
service is rendered.
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. If the Agreement is terminated by City, Consultant
shall be entitled to receive just and equitable compensation for any satisfactory work completed on
such documents and other materials to the effective date of such termination. In that event, all finished
and unfinished documents and other materials shall, at the option of the City, become City's sole and
exclusive property. Consultant hereby expressly waives any and all claims for damages or
compensation arising under this Agreement. Consultant shall maintain adequate logs and timesheets in
order to verify costs incurred to date.
The Consultant is not authorized to perform any services or incur any costs whatsoever under the
terms of this Agreement until receipt of a fully executed Purchase Order from the finance Department
of the City of Dublin.
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IISpropsl\ dublin_e.:hibitB.dtXskd5/7/98
Fee Schedule
(Effective JanlUllJ' 1, 1998 tllrougll December 31, 1998)
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Exhibit "B-2"
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Confidential
. Consultation / Coordination Services $U5 / Hour
. Acquisition Services $75 - $95 / Hour *
. Appraisal. Services - Relocation Plans Lump Sum
(Extra appraisal consulting at $130IHour) .
. Relocation Services $72 - $92 I Hour *
. Right of Way Technician - Project Tracking $55 I Hour
. Administrative Support / Secretarial Services $38 / Hour
. Other Services as Bid or at Cost Plus 15%
* Maximum Rate Charged
Rates are adjusted each calendar year.
All above rates and fees include direct and indirect costs as well as profit.
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EXIDBIT 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.
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Exhibit C
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EXIDBIT D
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GENERAL PROVISIONS
1. INDEPENDENT CONTRACTOR. At all times during the term of this Agreement, Consultant
shall be &'1 i...'1dependent contractor and shall not be an employee of City. City shall have the right
to control Consultant only insofar as the results of Consultant's consulting services rendered
pursuant to this Agreement; however, City shall not have the right to control the means by which
Consultant accomplishes services rendered pursuant to this Agreement.
2. LICENSES: PERMITS: ETe. Consultant represents and warrants to City that he has all
licenses, permits, qualifications and approvals of whatsoever nature which are legally required
for Consultant to practice his profession. Consultant represents and warrants to City that
Consultant shall, at his sole cost and expense, keep in effect at all times during the term of this
Agreement any licens~s, permits, and approvals which are legally required for Consultant to
practice his profession.
3. TIME. Consultant shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary for satisfactory performance of Consultant's
obligations pursuant to this Agreement.
4.
INSURANCE REQUIREMENTS. Consultant 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 Consultant, his agents,
representatives, employees or subcontractors. The cost of such insurance shall be included in the
Consultant's bid.
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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 0001 (Ed. 1/78) covering Automobile
Liability, code 1 "any auto" and endorsement CA 0025.
(3) Worker's Compensation insurance as required by the Labor Code of the State of
California and Employers Liability Insurance.
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Exhibit D
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B.
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Minimum Limits of Insurance. Consultant shall maintain limits no less than:
(1) General Liability: $1,000,000 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 Consultant shall procure a bond guaranteeing
payment of losses and related investigations, claim administration and defense expenses.
D.
Exhibit D
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Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the
following provisions:
(1) General Liability and Automobile Liability Coverages.
(a) The City, its officers, officials, employees and volunteers are to be covered
as insureds as respects: liability arising out of activities performed by or
on behalf of the Consultant; products and completed operations of the
Consultant, premises owned, occupied or used by the Consultant, or
automobiles owned, leased, hired or borrowed by the Consultant. The
coverage shall contain no special limitations on the scope of the protection
afforded to the City, its officers, officials, employees or volunteers.
(b) 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
orvolunteers shall be excess of the Consultant'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.
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(d)
The Consultant'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 Employers 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 Consultant for the City.
(3) Professional Liability.
Consultant shall carry professional liability insurance in an amount deemed by the
City to adequately protect the City against liability caused by negligent acts,
errors or omissions on the part of the Consultant 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.
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E. Acceptability ofInsurers. Insurance is to be placed with insurers with a Bests' rating of
no less than A:VIII.
F. Verification of Coverage. Consultant 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.
H. The Risk Manager of City may approve a variation of 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. CONSULTANT NO AGENT. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. I
Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City
to any obligation whatsoever.
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Exhibit D
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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.
7. 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 ofthis
Agreement, desires the removal of any such persons, Consultant shall, immediately upon
receiving notice from City of such desire of City, cause the removal of such person or persons.
8. STANDARD OF PERFORMANCE. Consultant shall perform all services required pursuant to
this Agreement in the manner and according to the standards observed by a competent
practitioner of the profession in which Consultant is engaged in the geographical area in which
Consultant practices his profession. All instruments of service of whatsoever nature which
Consultant 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 normally observed by a
person practicing in Consultant's profession.
9.
HOLD HARMLESS AND RESPONSIBILITY OF CONSULTANTS. Consultant shall take all
responsibility for the work, shall bear all losses and damages directly or indirectly resulting to
him, to any sub consultant, to the City, to City officers and employees, or to parties designated by
the City, on account of the negligent performance or character of the work, unforeseen
difficulties, accidents, occurrences or other causes predicated on active or passive negligence of
the Consultant or of his sub consultant. Consultant 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 negligent 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 Consultant acknowledges and agrees that
he has read and understands the provisions hereof and that this paragraph is a material element of
consideration.
City shall indemnify and hold the Consultant free and harmless from and against any and all loss,
liability, expense, claims, costs, suits and damages, including attorney's fees, arising out of the
project regulatory powers, instruction to act for their benefit, and any other matters which are the
usual province and responsibility of the City.
Approval of the insurance contracts does not relieve the Consultant or sub consultants from
liability under this paragraph.
10.
GOVERNMENTAL REGULATIONS. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Consultant shall comply with all applicable
rules and regulations to which City is bound by the terms of such fiscal assistance program.
Exhibit D
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11. DOCUMENTS. All reports, data, maps, models, charts, designs, plans, studies, surveys, .
photographs, memoranda or other written documents or materials prepared by Consultant
pursuant to this Agreement shall become the property of City upon completion of the work to be
performed hereunder or upon termination of the Agreement. No such materials or properties
produced in whole or in part under this Agreement shall be subject to private use, copyrights, or
patent rights by Consultant in the United States or in any other country without the express
written consent of City. City shall have unrestricted authority to publish, disclose (as may be
limited by the provisions of the California Public Records Act), distribute, and otherwise use,
copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other
materials or properties produced under this Agreement.
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Exhibit D
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