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HomeMy WebLinkAboutItem 4.08 FiscalAnalysisSntaRtaRezn <~7;fi~t1i:;r~~ti'~r;1'@1'l;~;'~iZl~~~CF';" . CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: OCTOBER 3, 1994 SUBJECT: Award of Contract for Fiscal Analysis PA 94-001 Santa Rita Center Rezone :BL- . 'Jaeri Ram, AssocJ.ate Planner 1. ~esolution Awarding the Consulting Contract 2. ~ontract for Consultant Services REPORT PREPARED BY: EXHIBITS ATTACHED: RECOMMENDATION: 4/1. Award the Contract for Consultant Services to Economic Research Associates Authorize the city Manager to Execute the Contract 2. FI~ANCIAL STATEMENT: The Contract will not exceed $15,500 and is to be paid by the Applicants DESCRIPTION: Homart Community Centers and Alameda County Surplus Property Authority are applying to the city for PA 94-001 Santa Rita Commercial Center Rezone. The project proposal is for a rezone to a Planned Development. The 800,000 z square foot retail center will be located within the city limits in eastern Dublin on 75 z acres of land on the southeast corner of Hacienda and the Dublin Boulevard extension on land owned by Alameda County. POlicies in the Eastern Dublin General Plan Amendment and Specific Plan require that development in the area fund the cost of infrastructure and services. Economics Research Associates (ERA) prepared the fiscal portion of the General Plan Amendment and Specific Plan. They are familiar with the history surrounding this project and they are able to prepare the necessary fiscal analysis in a timely and cost effective manner. Staff recommends that the city Council (1) award the contract for consultant services to ERA, and (2) authorize the City Manager to execute the contract. COPIES TO: Jeri Ram, Associate Planner Applicants Agenda/PA File ~ ;: ..',..fr :"~ '/ ~ --------------------:]-------------------------- ---------------------- COPIES TO: ITEM NO. ~I:I~ I e e RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AWARDING A CONSULTING CONTRACT TO ECONOMICS RESEARCH ASSOCIATES WHEREAS, Homart Community Centers and Alameda County Surplus Property Authority are applying for PA 94-7001 Santa Rita Commercial Center Rezone; and WHEREAS, pOlicies in the Eastern Dublin General Plan Amendment and Specific Plan require development in the area to fund the cost of infrastructure and services; and WHEREAS, Economics Research Associates prepared the fiscal portions of the East Dublin Specific Plan; and WHEREAS, the consulting firm of Economics Research Associates is able to prepare the necessary fiscal analysis in a timely and cost effective manner. NOW, THEREFORE BE IT RESOLVED that the city Council of the city of Dublin hereby awards the consulting contract to Economics Research Associates. PASSED, APPROVED AND ADOPTED this 3rd day of October, 1994. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk EXHBT 1. oJ; ..\I'~f ,. . e e STANDARD CONTRACTUAL SERVICES AGREEMENT THIS AGREEMENT is made at Dublin, california, as of October 3 , 19~, by and between the CITY OF DUBLIN, a municipal corporation ("city"), and Economics Research Associ atAs , ("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 Bi 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. Agreement page 1 of 3 4/1/90 , " EXHIBIT 2 e 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. 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 Richard Ambrose ("Administrator"). All correspondence shall be directed to or through the Administrator or his or her designee. 7. NOTICES. Any written notice to contractor shall be sent to: Economics Researr.h A~~O~;~TP~ ~88 Market StreAt 1 S11;T,P 1 SRO San Francisco. CA 94111 AgreeTI!ent Page 2 of 3 4/1/90 I " e e Any written notice to city shall be sent to: City of Dublin Attn: Richard Ambrose P.O. Box 2340 Dublin, CA 94568 Executed as of the day first above stated: CITY OF DUBLIN, a municipal corporation By "city" Attest: city Clerk By "contractor" Approved as to form: city Attorney Agreement page 3 of 3 4/1/90 e e EXHIBIT A SCOPE OF SERVICES (As specified in the September 29, 1994 letter, from Economics Research Associates, as attached) Exhibit A Page 1 of 4 4/1/90 i)CI'l1 Dl'i). r. vrr.l.\"oc , ~-,~-~~ , ~'VQ~M , ~1~~~Q~"~~UVDL.l.N \,,0.1.11 M~~ vrr\"o,~ , e e Economics Research Associates Afflllatea wlrh Drivers Jones 29 September 1994 Richard C. Ambrose Dublin City Manager P.O. Box 2340 100 Civic Pla%.a Dublin. CA 94S68 Proposal No. 32018R Dear Mr. Ambrose: In follow up to this morning's conference caD. Economics Research Associates (ERA) is pleased to present the following proposal for a scope of work to assist the City of Dublin in evaluating the fLSCal impacts of a 75 acre commercial retail center proposed by Homart Development Company in the Eastern Dublin Specific Plan AreL We understand the City would like to determine the likely portion of the sales tax revenue which will be new to the City. net of offsetting losses in other Dublin retail establishments, as well as the overall costIrevenue balance within the initial2.100f acres in the Specific Plan AreL ERA is in a position to ~ these fiBcal impacts quickly and efficiently due to the extensive experience we have had in the past analyzing fiscal issues for the City related to the Eastern Dublin' Specific Plan and the negotiations with Alameda County over the annexation agreement. SCOPE OF WORK (Exhfblt A) We undersWld that the project proponents have developed a profile of the types of tenants they hope to attract along with expected retail productivity factors, and that information regarding service costs has already been requested from DubHn department heads. BAAls analysis will have two parts. The second will be the projection of operational costs and .revenues accruing to the City as a result of the project. F'JSCal projections are only as good as the market assumptions which go into them, however. '!be goal of the first part of the work will be to develop some level of comfort for the City that the retail sales projections are reasonable in to~ and that the .fraction which is likely to he drawn to the new project from other retaD. establishments in Dublin has been diligently estimated. Given the short time frame for ERA's consulting assignment. work on both parts will proceed concurrenUy. Part 01le: Market Res,arch · Collect and review the proponent's project description, including planned retail tenants, expected sales factors for the tenant types. total building area. and development cost. aa Markel Street, Suite 1580, San Francleco, OallfQrnla 94111 · (415) 906-81$2 Telell; 340890 (ECON RES BFO) Fax: (415) 956-5274 Loe Angeles' San FrancIsco. San Diego. Chicago · Washington, D,O. . London - ~ t: 11 I U I . w. I. V 1 I ~ 1,,1 t: , ~-,~-~~ , ~'Y'rm , .. I tJQ\JU\I'" ,.. .1.1\1..,...".. "'.. I I 1'1....1\ VI I v, '" v e e s Mr. Richard Ambrose Dublin City Manaier Proposal No. 32018R Page 2 Discuss with proponents ~ ~ impact of the proposed new center on retail trade patterns in the Trl. Valley market area. . Collect infonnation describing the retail offering hi the Tn- VallBy area in existing, planned and proposed major centerS. . Collect and analyze the recent trend in t.axable retail sales volumes for the Tri- Valley cities of Dublin. Pleasanton. Uvermore and San Ramon. . Interview retallleasing agents and other commercial real estate interests in the Trl- Valley area. . Estimate taxable retail sales totals which can reasonably be achieved from the Homart project. Estimate the proportion of this sales volume which may be created through reduced taxable sales elsewhere in DubUn, and the proportion which will be entirely new to the City (including recognition that some of the sales .reduced elsewhere in Dublin would be lost if the Homat't project (toes .nm proceed in Dublin, because sites in other cities wm then be developed to house '4power center" type tenants). Part Two: Fls~ Projection, . Estimate sales tax revenues accruing to the City (oetting out the portion pledged to the County) resulting from the market research and projections in Part One. . Work with the proponents to estimate the likely assessed value created on the tax rolls from the land purchase and conswction of retail uses on the 75 acre site. Develop a spreadsheet projecting revenues to the City from sales taxes, property taxes and any other ongoJng revenue sources derived from the c:ommeldal development. . . CoDect and critique intemal analyses conducted by the pob, fire. public works and any other City departments regardin, service costs, and discuss reasonabks apportiorunent of additional administrative costs for the City. Develop a spreadsheet projecting costs of extending municipal services to the proposed retail project and to the surrounding 2,100% acres of the Spectiic Plan area. . . Prepare a memorandum report including narrative and spreadsheet analyses comparing costs and revenues. e e Mr. Richard Ambrose DubUn City Manager Proposal No. 32018R Page 3 COMPENSATION (ExhIbit B) ERA proposes to render the above services for a fixed fee of $1S.000 for professional time. Out-of-pocket-expenses will be charged at cost plus ten percent, but will not exceed $500 without prior authorization. SCHEDULE AND PROJECT INITlATION We understand. this assiaM1e11t wm be authorized by the City with the execution of a Standard Contractual Services A&reement, to whk:h this letter win be appended. ERA is familiar with this agreement and finds it acceptable, except that, the language of Exhibit B will have to be modified to allow more than 20% of the total contract amount to be paid in one month. ERA understands the entire project will have to be conducted over the next tlu'ee weeks, with the final memorandum report being submitted by fax on October 14, with hard copy to foRow by overnight mail Given this time frame, ERA will begin work on the City's verbal authorization, with the expectation that a formal contract will be sent to ERA after the October 3 City CouncR meeting. We look forward to being of service &..Sam to the City of Dublin in planning for the rational .growth of your community. Steven E. Spickard, AICP Vice Pre.sident ' cc Jeri Rmn, Dublin Planning Depart.lDent Don Casper, Homart Community CenterS Glen Anderson, Homart Conununity Centers Adolph Martinelli. Alameda County Planning Department e e " EXHIBIT B PAYMENT SCHEDULE city shall pay contractor an amount not to exceed the total sum of Pi f"-tppn 'T'hrm"'Oln..1 Fi,";;> l:Vmdroa dallal's ($ 15,500 00 ) for services to be performed pursuant to this Agreement. contractor shall submit invoices during the term of this Agreement based on the cost for services performed in accordance with the following schedule: Upon completion of work within 30 days following submittal of invoice. sum services Agreement total a monthj and provided city pay a sum exceeding 20% and the last 20% of the sum to this Agreement after completion the services and su~ ittal to city, if all services due satisfactorily performed. The total sum 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 Exhibit B Page .1 of 2 4/1/90 '" e e sum for any expense or cost whatsoever incurred by Contractor in rendering services pursuant to this Agreement. 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 city authorized to obligate city thereto 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. 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. 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 Purchase Order from the Finance Department of the city of Dublin. Exhibit B Page .2 of 2 4/1/90 fff e e 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 4/1/90 ", e e EXHIBIT D GENERAL PROVISIONS 1. INDEPENDENT CONTRACTOR. At al~ 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 of Insurance. 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.) Exhibit D Page 1 of 6 4/1/90 I II e e 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 I~surance. (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. . (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 insureds Exhibit D Page 2 of 6 4/1/90 1 " e e 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 on the scope of the protection afforded to the city, its officers, officials, employees or 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. Workers' 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 contractor for the city. 3. Professional Liability. contractor shall carry professional liability insurance in an amount deemed b~ 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. Exhibit D page ~ of 6 4/1/90 I rt e e 4. All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled 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) Acceptabilitv of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A:VII. (f) Verification of Coveraqe. 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 insureds 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 4 of 6 4/1/90 II I e e 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 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 normally observed by a person practicing in contractor's profession. 9. HOLD HARMLESS AND RESPONSIBILITY 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 I 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 I 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. 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. Exhibit D page 5 of 6 4/1/90 III f.'" .' e e :..-.. ". :~~i_' , . ' '." " "':. '. , . t +1 :- T 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 city upon completion of the work to be performed hereunder or upon termination of the Agreement. " '