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HomeMy WebLinkAboutItem 4.05 PublicFacFeeJustificationStdy . ". CITY CLERK File # n~[OJ~{3]fQ] . AGENDA STATEMENT CITY COUNCIL MEETING DATE: July 23, 1996 SUBJECT: Agreement With Recht Hausrath & Associates for preparation of a revision to the "Public Facilities Fee Justification Study. Report "Prepared by: Diane Lowart, Parks & Community Services Director EXHIBITS ATTACHED: Agreement RECOMMENDATION: Q-V' Authorize Mayor to Execute Agreement FINANCIAL STATEMENT: Estimated cost not to exceed $6,000 which will be repaid from development fees ~ DESCRIPTION: At the March 26, 1996 meeting of the City Council, the Council received the Public Facilities Fee Justification Study dated Ma:rch-7"; "l996anduadopted 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 two additional General Plan Amendments to allow for development of the following projects: 1) Tnnnark Homes - 92 single family detached residential units on approximately 8.9 acres ofland generally located west of Dougherty Road, on the Southern Pacific Right of Way and east of Alamo Creek; and 2) SChaefer Ranch - 474 single family residential units and 11 acres of commercial office uses on approximately.500 acres of land generally located on the north side of the 1- 580 freeway. at Schaefer Ranch Road, adjacent to Dublin's Western City limits. Consequently, the Public Facilities Fee Justification Study will need to be revised to include these two projects within the development projections used in the Study and to recalculate the amount of the City's adopted Public Facilities Fee to include these projects. Staff has received a proposal :from. Recht Hausrath and Associates to ptq)8re a revision to the Public Facilities Fee Justification Study. The tasks to be undertaken as part of the revision are as follows: . Add the two projects to the development projections as shown in Chapter II of the Public Facilities Fee Justification Study dated March 7, 1996. . Calculate neighborhood "and community park requirements "for Bastem, Western and lnfill areas based on revised growth projections. . Reallocate capital costs for community and recreation facilities, libraries, and Civic Center based on the revised growth projections. . Establish a fee category for Western Dublin. 4It ------------------------C()PEEST()~R;;;i~-i~~---------------- ITEMNO.' .4.? F:\pubfacfe\update\cc723.doc Attached is the City's Standard Consultant Services Agreement which includes a detailed scope of work, sa'}':, proposed schedule for completion of the work and a fee proposal. It is estimated that the work will take.::".:': about three to four weeks to complete at a cost not to exceed $6,000. The cost of the revision will be funded by the developers for the Trumark Homes and Schaefer Ranch projects. ~( It is the recommendation of Staff that the City Council authorize the Mayor to execute the Agreement. .~. ."""" '" ., ':....j ....... , ~ ~.: :.! ." ~ ... : .'. ,.,jr e-.. . .".:: . AGREEMENT BETWEEN CITY OF DUBLIN AND RECHT HAUSRATH & ASSOCIATES FOR PREPARATION OF A REVISION TO THE PUBLIC FACILITIES FEE JUSTIFICATION STUDY THIS AGREEMENT is made at Dublin, California, as of July 23, 1996 by and between the CITY OF DUBLIN, a municipal corporation ("City"), and Recht Hausrath & Associates ("Contractor"), who agree as follows: 1. SERVICES. Subject to the terms 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. e 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 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. RXHTRITS. 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 notice to Contractor shall be sent to: Mr. Robert D. Spencer Recht Hausrath & Associates 1212 Broadway Oakland, CA 94612 e: Agreement Page 1 of 1 Any written notice to City shall be sent to: Mr. Richard C. Ambrose, City Manager City of Dublin 100 Civic Plaza P.O. Box 2340 Dublin, CA 94568 Executed as of the day first above stated: Attest: City Clerk Approved as to form: City Attorney Agreement Page 2 of2 CITY OF DUBLIN, a municipal corporation By "City" RECHT HAUSRATH & ASSOCIATES By "Contractor" e: e. e EXHIBIT A .'.... . . SCOPE OF SERVICES The work to be undertaken involves the preparation of a revision to the Public Facilities Fee Justification Study dated March 7, 1996 and prepared for the City by Recht Hausrath and Associates. The study will be revised to include the following two new development proposals: 1) Trumark Homes, which allows for construction of 92 single family detached residential units on approximately 8.9 acres of land generally located west of Dougherty Road, on the Southern Pacific Right of Way and east of Alamo Creek; and 2) Schaefer Ranch, which allows for construction of 474 single family residential units and 11 acres of commercial office uses on approximately 500 acres of land generally located on the north side of the 1-580 freeway, at Schaefer Ranch Road, adjacent to Dublin's Western City limits. The revision will involve the following tasks. . Add the two projects to the development projections as shown in Chapter II of the Public Facilities Fee Justification Study dated March 7, 1996. . Calculate neighborhood and community park requirements for Eastern, Western and Infill areas based on revised growth projections. . Reallocate capital costs for community and recreation facilities, libraries, and Civic Center based on .' "'__,. . the revised growth projections. Establish a fee category for Western Dublin. It is understood that the conditions and assumptions underlying the existing study have not changed. Specifically, the level of existing development, cost estimates and facility descriptions will remain the same. Schedule .The revisions will take approximately three to four weeks to complete. Pending City Council approval . on July 23, 1996, work will begin shortly thereafter, and a draft revised report will be presented for review and approval in mid to late August. . Exhibit A Page 1 of 1 1> EXHIBIT B . PAYMENT SCHEDULE 1. City shall pay Contractor an amoWlt not to exceed the total sum of Six Thousand and Noll 00 Dollars ($6,000.00) for services to be performed pursuant to this Agreement. Direct expenses will be billed at cost. Labor will be billed at cost based on the following rate schedule: RHA Staff J. Richard Recht Robert D. Spencer Sam Junkins Hourly Rate $125 $ 85 $ 65 2. Contractor shall submit invoices, not more often than once per month, based upon the work completed as identified in EXHIBIT A "~cope 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 sum 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 timesheets 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 of this Agreement. Exhibit B Page 1 of 1 .' 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 ~ EXIDBIT D GENERAL PROVISIONS e::,': 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 alllicense~,. 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 REQillREMENTS. 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 Sco,pe 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. CO 0001). 2. Insurance Services Office form number CA 0001 (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: $1,000,000 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. Exhibit D Page 1 of4 e IP . (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: 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 shall: 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 s~l not affect coverage provided to the City, its officers, officials, employees or volunteers. .,~, d. The Contractor's insurance shall apply separately to each iilsured against whom claim is made or suit is brought, except with respect to the limits of the insure~'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. , "" ,t 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. ,;:~;.".,,::,,~iA..,All.Coyerages. ",' .. ,;,'c.., .,,:.',. ...! '... . :..;,,' ',," ., ,',: ,xi ';:"": 1\1 ~:;"::i;'~',:;j.~ Each insurance policy, ~uired,',by this clause shall be endorsed to statethat coverage shall not be, suspended, voided.;- canceled by either party, reduced in coverage or in limits except after thirty (30) ',.. ,le ":;"':,', . <,.1; ,.'..-", " ~ys' prior written notice by certified mail, return receipt requested, has been given to the City. ., ...... !",; :'.' (e) ;:-",Acce.ptability.ofInsurers; Insurance is to be placed with insurers with a Bests' rating of no less than A:Vll. .. " ' (f) Verification of CoveI'&i:'e. 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. . Exhibit D Page 2 of 4 r; (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 PROIllBITED. 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. Contractor 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 Agi'eement,' 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 normally observed by a person practicing in Contractor's profession. 9. HOLD HARMLESS AND RESPONSffiILITY OF CONTRACTORS. Contractor shall take all responsibility for the work,- shall bear all losses and damages 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 o:r all loss, liability, expense,'cl~-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. Exhibit D Page 3 of4 . 1 .-. e: .: '1 10. GOVERNMENTAL REGULATIONS. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Contractor shall 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 hereWlder or upon termination of the Agreement. Exhibit D Page 4 of 4