HomeMy WebLinkAbout4.05 Amendment to Contracts with Economic & Planning Systems (EPS) and Omni-Means for additional consultant work for the West Dublin BART Specific Plan AreaCITY CLERK
File # ❑���-��
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: February 6, 2001
SUBJECT:
ATTACHMENTS:
RECOMMENDATION:
1q;
FINANCIAL STATEMENT:
DESCRIPTION:
Amendment to Contracts with Economic &Planning Systems
(EPS) and Omni -Means for Additional Consultant Work for the
West Dublin BART Specific Plan Area (Crown Chevrolet &
Enea Properties Amendment)
Report Prepared by Janet Harbin, Senior Planner
1) Resolution approving contract amendments
2) Standard contracts with modified Scopes of Work
3) Budget Change Form
1) Adopt resolution approving amendment to contracts
2) Authorize City Manager to execute contract amendments
3) Authorize Budget Transfer
4) Approve Budget Change Form
This amendment adds $5,000 to the existing contract with EPS and
$10,500 to the existing contract with Omni -Means. A $15,500
appropriation will be required from the unappropriated reserve in the
General Fund.
As part of the 1999-2000 Budget, the City Council provided funding to prepare the three Specific Plans
for the downtown planning areas including: Village Parkway, West Dublin BAIT area, and the
Downtown Core. At the December 19, 2000 meeting, the City Council instructed staff to evaluate the
inclusion of the Enea properties on Amador Plaza Drive in the West Dublin BART Specific Plan area, and
the request for new uses and an increased floor -area -ratio (FAR) for the Crown Chevrolet property at the
southeast corner of Golden Gate Drive and Dublin Boulevard. Additional economic and traffic analyses
are necessary for these land use requests.
COST OF SERVICES:
The 1999-2000 Budget included $120,242 for consulting service costs associated with the preparation of
the three Downtown Specific Plans. All funds have been expended. Staff requested and has received the
Scopes of Work (included in Attachment 2) from the economic and traffic consultants for the additional
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COPIES TO: In -House Distribution o�r�
ITEM NO.
G:\Downtown Specifc Plans\Consultants\CC sr EPS Cont Amend 2.doc
evaluation of the land use requests. The cost of the Scope of Work for the economic analysis to be
prepared by EPS is $5,000, and the cost for the traffic analysis to be prepared by Omni-Means is $10,500.
TIME SCHEDULE FOR AMENDMENT:
The Scope of Work submitted by EPS projects that the economic analysis would be completed by
February 19, 2001. This data generated by this analysis will serve as a basis for traffic study, which will
evaluate different land use scenarios and FAR's and their effects on traffic for the parcels under
consideration for change. Omni-Means will then use the market and land use data from the economic
analysis to project traffic generation rates and determine appropriate mitigation measures.
Based on discussions with Omni-Means, Staff estimates that the traffic consultant will complete this work
in late March. With this schedule, the amendment should be submitted to the Planning Commission for
review and consideration in May 2001, and to the City Council in June 2001.
RECOMMENDATION:
Staff recommends that the City Council:
1 ) Adopt the Resolution approving the amendment to the contracts (Attachment 1 )
2) Authorize City Manager to execute contract amendments (Attachment 2)
3) Authorize a Budget Transfer from unappropriated funds in the amount of $15,500
4) Approve Budget Change Form (Attachment 3)
RESOLUTION NO. - 2001
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AMENDMENT TO CONTRACTS WITH
ECONOMIC & PLANNING SYSTEMS (EPS) AND OMNI-MEANS
WHEREAS, the City Council of the City of Dublin approved a contract for economic consulting
services for preparation of the Downtown Specific Plans with Economic & Planning Systems (EPS), and
a contract for transportation consulting services for preparation of the Downtown Specific Plans with
Omni-Means, on January 19, 2000; and,
WHEREAS, the Downtown Specific Plans have been approved and adopted by the City Council
of the City of Dublin, and all funds for preparation of the Plans have been expended; and,
WHEREAS, the City Council of the City of Dublin directed Staff on December 19, 2000 to
process an amendment to the West Dublin BART Specific Plan to evaluate the inclusion of the Enea
properties, and the request for new uses and an increased floor-area-ratio (FAR) for the Crown Chevrolet
property in the West Dublin BART Specific Plan area; and,
WHEREAS, the cost of the additional economic analyses for the amendment to be prepared by
EPS is $5,000, and the cost for the additional traffic analysis to be prdpared by Omni-Means is $10,500.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby
approve an amendment to the contracts with EPS and Omni-Means for a total of $15,500 to be allocated
as stated above, and to be funded from the unappropriated reserve in the General Fund.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the amendments.
PASSED, APPROVED AND ADOPTED this 6th day of February, 2001.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mayor
City Clerk
g:XDowntown Spec Plan\Consultants\CC Reso Contract Amendmt.doc
ATTACHMENT 1
qo 5 ~/~t
' :-' ' "..~ STANDARD CONTRACTUAL SERVICES AGREEMENT
- THIS AGREEMENT is made at Dublin, California, as of ,January 19, 2000 by and between the CITY
OF DUBLIN, a municipal corporation ("CITY"), and Omni Means, ("CONTRACTOR"), who agree as
~£ollows:
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 n6 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 EOUIPMENT. 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
.i
incorporated herein.
6. CONTRACT ADMINISTRATION. This Agreement shall be administered by Richard C.
Ambrose ("ADMINISTRATOR"). All correspondence shall be directed to or through the ADMINISTRATOR
or his or her designee.
NOTICES. Any written notice to CONTRACTOR shall be sent to:
Omni Means Atm: George W. Nickelson, P.E.
1901 Olympic Boulevard. Suite 120
Walnut Creek. CA 94596
Attest:
Any written notice to CITY shall be sent to:
CiW of Dublin Attn: Richard Ambrose
P. O. Box 2340
Dublin, CA 94568
Executed as ofthe'day first above stated:
City Attorney
CITY OF DUBLIN
a municipal corporation
By ~. , ~ ~
By ~ [ACTOR"
ATTACHMENT 2..
omni.means
ENGINEERS-PLANNERS
EXHIBIT
January 26, 2001
Ms. Janet Harbin
Associate Planner
Community Development Department
City of Dublin
100 Civic Plaza
Dublin, CA
Subject:. Proposal to Prepare Addendura Traffic Impact Analysis for the Dublin Specific Plans:
Dear Ms. Harbin:
We are pleased to submit this proposal to prepare an addendum traffic impact analysis for the Dublin
Specific Plans. This proposal is based on our discussions with you and our recent experience in the
project area.
Attached is a detailed workscope and a budget summary. The total cost of $10,460 will include any
additional data collection, revised analyses, report and anticipated responses to typical City staff
questions. Should the City request additional analyses or should it be necessary to attend a public
hearing, we would provide you with an estimate of any added costs.
I trust that this proposal responds to your needs and ask that you contact me with any questions or
comments. If the scope and terms are acceptable, your return of a countersigned copy of this letter will
serve as authorization to proceed.
// ';rkelson, P.E.
Accepted By:
Authorized Signature
ROSEVILLE
2237 Douglas Boulevard, Suite 1 O0
Roseville, CA 95661
(916) 782-8688
FAX (916) 782-8689
REDDINe
434 Redcliff Drive, Suite D
Redcling, CA 96002
(530) 223-6500
FAX (530) 223-9326
VISALIA
720 W. Center Avenue, Suite C
Visalia, CA 93291
(559) 734-5895
FAX (559) 734-5899
WALNUT CREEK
1901 Olympic Boulevard, Ste. 120
Walnut Creek, CA 94596
(925) 935-2230
FAX (925) 935~2247
TRAFFIC WORK SCOPE FOR THE PROPOSED
ADDENDUM TO THE DUBLIN SPECIFIC PLANS
TRAFFIC ISSUES
The key traffic issues related to this analysis are expected to include the following:
· additional project trip generation;
· revised traffic operations impacts at the key intersections;
· revised arterial analysis for Dublin Boulevard and Village Parkway;
· review of recommended mitigation measures to assure acceptable traffic flows;
METHODOLOGY
Task 1:
Additional project parcels/changes will be identified. It is our understanding that an
existing parcel in the West Dublin BART area will be modified and an additional parcel
will be added to the overall project description.
Task 2:
Task 3:
Additional daily and peak hour trip generation for the Specific Plan will be identified.
Using the same trip generation rates, project trip generation will be calculated for up
to two scenarios involving a high density/low density range. These trips will be part
of the existing plus future base plus project scenario to establish a new "with project"
condition that reflects the new pamel changes.
llroject trips will be distributed onto the street network based on previous distributions
used for commercial-retail uses.
Task 4:
Intersection LOS will be re-calculated for all 24 study intersections for the AM and PM
peak hours. As with new project trip generation, this will be done for up to two
scenarios.
Task 5:
Arterial analyses will be conducted for Village Parkway and Dublin Boulevard for the
new existing plus future base plus project scenario (up to two scenarios).
Task 6:
Traffic mitigation as a result of the Dublin Specific Plan will be reviewed to assure that
recommended measures will be adequate for the revised Specific Plan description. This
review will also take into account the recent transportation analysis conducted for the
proposed Safeway project located on the northeast quadrant of the Dublin/Amador Plaza
intersection.
Task 7:
Prepare addendum report summarizing new findings and any changes in recommended
mkigation measures as a result of the revised Specific Plan project description.
EXHIBi'i".
STUDY BUDGET
Initiate Study/Data Collection:
4 hours traffic engineer III @ 100
Traffic Analysis/Report:
76 hours traffic engineer III @ $100
16 hours traffic II @ $85
8 hours traffic technician @ $65
4 hours project manager @ $145
400
$ 7,600
$ 1,360
$ 520
580
Total Study Cost:
= $ 10,460
Traffic Study for the Proposed
Specific Plan Addendure
Page 2
EXHIBIT C - City Facilities
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
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 fight to control CONTRACTOR only insofar as the results of CONTRACTOR'S services
rendered pursuant to this Agreement; however, CITY shall not have the fight 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 REOUIREMENTS. 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.)
2. Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile
Liability, code 1 "any autd' and endorsement CA 0025.
3. Workers' Compensation Insurance as required by the Labor Code of the State of
California and Employers Liabil!ty Insurance.
(b) Minimum Limits of Insurance. CONTRACTOR shall maintain limits no less than:
1. General Liability: $1,000,000 combined single limit per occun'ence 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 of )
4/1/90
(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 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 shalI 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 limiti 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
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 of Insurers. Insurance is to be placed with insurers with a Bests' rating of no
less than A:VtI.
(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 fight 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.
Exhibit D (Page 2 of 3)
4/1/90
(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.
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 hissprofession. 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, accidents,
occurrences or other causes predicated on. active or passive negligence of the CONTRACTOR or 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 07 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 CITY upon completion of the work to be performed hereunder or
upon termination of the Agreement.
Exhibit D (Page 3 of 3)
'- , ;- STANDARD CONTRACTUAL SERVICES AGREEMENT //
· THIS AGREEMENT is made at Dublin, Califomia, as of ,January 19, 2000 by and between the CITY
OF DUBLIN, a municipal corporation ("CITY"), and Economic & Planning Systems (EPS),
("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.
3. FACILITIES AND EOUIPMENT. 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 C.
Ambrose ("ADMINISTRATOR"). All correspondence shall be directed to or through the ADMINISTRATOR
or his or her designee.
,
NOTICES. Any written notice to CONTRACTOR shall be sent to:
Economic & Plannin~ Systems (EPS) Attn: Walter Kieser
1815 Fourth Street. Suite B
Berkeley, CA 94710-1910
Any written notice to CITY shall be sent to:
City. of Dublin Atm: Richard Ambrose
P. O. Box 2340
Dublin, CA 94568
Executed as of the day first above stated:
CiL.' CITY OF DUBLIN
Attest: a municipal corporation
C CI k
"CITY"
Ap ed asto form:
~JAN-29-2001' 18:45 FROM
Janua~ 29, 2001
ECONOM I C & PLRNN I NG SYS.
EXHIBIT
TO
9258338828--09318 P. 02
Planning Systems
Mr; Richard Ambrose
City of Dublin
lO0 Civic Plaza
Subject:, Scope of Work, Amendment to City of DEblin Downtown Specific Plan;
EPS W9310
Dea~ Mr. Ambrose:
The following letter describes the tasks arui comprises an aFeement to assist the City of
Dublin with proposed amendments to the Downtown Spedtic Hans that were recen~y
adopted by the City. We will provide the necessary technical assistance, buildin~ upon
the work previously completed by Hconomic & PlannlnE Systems, Inc. (Consultant).
As I understand the ~ituatlu~t~ tt,e DownLown 5pez-----~ic Plans' Atllell'~te, nt will f~a~Z~ a
reViSiOn tO the development database and forecast that was originally prepared ~or the
Spedtic Hans by the Consultant. This database and development {orecast provided a
basis of analysis d~ing Specific Plan prepamtlor~ most significantly for the traffic
impact analysis. Updating the database and forecast will focus upon ~e several
properties that are requesSng the Amendment. Once our st~ff consultations and markat
review are complete, we will update the database and forecast This information will be
submitted to the traffic consultant for the model~rtg efforts. Other technical aspects of
the Specific Plans can also be updated as needed.
TASK 1: PROJECT INITIATION
Consultant will meet with City staff to review the proposed Amendments. Necessary
data wiIl be obtained, and methodology and products specified. Any necessary
tietailing or chan~es to the proposed tasks or products, schedule,' and coordination with
other team members can be specified at this time. This task wiIl be completed by
February 2, 2001.
TASK 2: UPDATE MARKET ANALYSIS
The proposed Amendments suggest a development intensity that lies beyond the range
originally envisioned or antldpated in the market analysis, While some market
potential for office uses was expected, the market fi~asibility of multi-story office
buildings was questioned, This original conclusion will be revisited in view of the
Betray, CA ~710-2H5 f~ 510 g~l-~208 fax: 916.(149-20'/0 fax:
www.¢ps~.¢o~
3AN-89-8001 05:23PM TEL)510 841,9208 ID)CITY OF DUBLIN PABE:008 R=98~
la~ttt~ry 29~ 2001
paS~.2
FROM ECONOMIC & PLANNING SYS. TO
19258358628-09510
proposed Amendments and recent market trends The Consultant will interview the
Amendment proponents and other zeal estate interests to explore this issue. iRecent land
sales and other zeal estate activity w~l also be referenced, The results of this market
review w~l be documented in a technical memorandum. This task will be completed By
February 14, 2001.
TASK 3: UPDATE DEVELOPMENT DATABASE
l~OllOwing review of the market review, the Consultant will meet with City staff to
discuss the possible range of options for the Amendment. Specifically, a decision will be
needed as to the appropriate permitted development intensities on the subject parcels.
Once such a d~ision is taken, the Consultant will prepare the appropriate chang6 to
the original database and development forecast. A data set will be submitted to the
traffic consultant to support the traffic modeling efforts. This task will be completed by
February 19, 2001.
These tasks will be completed by the Consultant for the City of Dublin on a priority
basis, as reflected above. Walter Kieser will serve as Prindpal-in&ge, and Nicole
Brown will serve as Project Manager and will complete the market review.
The budget for the effort is estimated to be $5,000, assuming 8 hours of Mr. Kieser's
time, 24 hours of Ms. Brown's time, 16 hours of Research Assodate time, and 4 hours of
Production time. We look forward to assisting you With this project and cOntributing to
the revitalizatton and evolution of downtown Dublin. Please indicate approval of this
agreement by signing in the space provided below.
Sincerely,
ECONO~nC & PLANNn'qG SYSrEMS, INC,
Managing Principal
Approve&
Richard Ambrose, City Manager
Date
Table 1
Budget Estimate
Dublin Specific Plans - Economic and Traffic Analysis, and Design Guidelines
Economic & Planning Systems, Inc.; ~V9310
Tas k/ EPS Staff
Kieser Brown Research
Descfi ption Associate
Task 1: Project Initiation &
Exlsling Condiliens
Task 2: Update Market Analysis
2 6
4 12
8
8
Task 3: Update Development Database
2 6
TOTAL HOURS 8 24
Billing Rates (2) $200 $90
TOTAL PROJECT COSTS
16
(1) EPS Billing rates shown are applicable during 2001 and are subject to change periodically.
Prod.Staff
4
$50
Staff Cod
Subtotal
Grand
Total
$940
$2,500
$i .560
$940
$2,500
$1,560
$5,000
$5,000
m
x
"r-
20
0
0
Z
0
0
0
H:193fOla,:fmfn~193fOf~dr3
EXHIBIT C - City Facilities
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
EXHIBIT D
GENERAL PROVISIONS
1. INDEPENDENT CONTRACTOR. At all times durini the term of this Agreement,
CONTRACTOR shall be an independent contractor and shall not be an employee of CITY. CITY shall
have the tight 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 A~eement as may 'be reasonably necessary for satisfactory performance of CONTRACTOR'S
obligations pursuant to this Agreement.
4. INSURANCE REOUIREMENTS. 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 h~reunder 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 .)
2. Insurance Services Office form number CA 0001 (Ed. 1/78) coveting 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 of )
4/1/90
(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 Liabi!ity Coverages.
a. The CITY, its offigers, officials, employees and volunteers are to be
covered as insureds 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
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 of Insurers. 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
b~fore 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.
Exhibit D (Page 2 of 3)
4/1/90
Oa) 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 Ageement to bind CITY to
any obligation whatsoever.
6. ASSIGNMENT PROHIBITED. No party to this Agreement may assign any fight 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 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, accidents,
occurrences or other causes predicated on active or passive negligence of the CONTRACTOR or 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 Contractor' s 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
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.
11. DOCUMENTS. All reports, dam, 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 A~eement.
Exhibit D (Page 3 of 3)
CITY OF DUBLIN
BUDGET .CHANGE FORM
CHANGE FORM #
New Appropriations (City Council Approval Required):
Budget Transfers:
X__ From Unappropriated Reserves
From New Revenues
DECREASE BU!}GE'F ACCOUNT
Name:
AMOUNT
From Budgeted Contingent Reserve (1080-799.000)
Within Same Department Activity
Between Departments (City Council Approval Required)
Other
INCREASF BUDGFT ACCOUNT AMOUNT
Name: General Fund - Downtown Specific $15,500.00
Plan Amendment - Professional Services
Account #:
Name:
Account #: 001.90100.741.000
Name:
Account #:
Name:
Account #:
Name:
Account #:
Name:
Account #:
Name:
Account #:
Name:
Account #:
Name:
Account #:
Fin Mgr/ASD:
REASON FOR BUDGET CHANGE ENTRY:
Account #:
Signature
Date:
City Manager:
Mayor:
Posted By:
formslbudgchng
Signature
As Approved at the City Council Meeting on:
Signature
Signature
Date:
Date:
Date:
Date:
ATTACHMENT k.5