HomeMy WebLinkAboutItem 4.06 TrumarkHomesGPA (2)
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CITY CLERK
File # D~[Q]~-~[QJ
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: September 26, 1995
SUBJECT:
Award of Contract for the Trumark Homes
General Plan Amendment Study
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Report Prepared By: Jeri Ram, Associate Planner 2f-
EXHIBITS ATTACHED: 1.
/ Resolution Awarding the Consulting
Contract
/ Contract for Consultant Service
2.
/
RECOMMENDATION: ~ rV,JV' 1.
2.
Award the Contract for Consulting Services
to Jerry P. Haag.
Authorize the City Manager to Execute the
Contract.
. FINANCIAL STATEMENT:
The Applicant, Trumark Homes, has agreed to pay the not to exceed cost of the
$11,500 contract plus 25 percent overhead. Additionally, the Applicant has agreed to pay
the cost of any peer review that may be necessary for other studies that have already been
completed by the Applicant's consultant.
DESCRIPTION:
Trumark Homes is requesting that the City Council authorize a General Plan
Amendment for their 8.9 :t acre site; changing the General Plan Designation for the site
from "Transportation Corridor" to "Medium Density Residential" (6.1 - 14.0 units per
acre). The medium density residential designation would permit single family residential
development at approximately 12 units to the acre.
-------------------------------------------------------
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COPIES TO:
Trurnark Homes
Southern Pacific Railroad
Senior Planner
Project Planner
Trurnark Homes File
ITEM NO.
4.6
The City Council approved the initiation of a General Plan Amendment Study at
their meeting of July 11, 1995. The City reviewed four proposals by consultants to
conduct the Study. Stafffeels that the proposal by Jerry P. Haag is the most
comprehensive and is within the cost range of the other four proposals.
Mr. Haag's Scope of Work separates the project into two phases, one for the
General Plan Study and one for the environmental document. Should the City Council
determine that a General Plan Amendment is feasible, following review of the General
Plan Amendment Study, the consultant would then prepare the necessary environmental
documents.
The General Plan Amendment Study would be completed within four to six weeks
of approval of the contract. The draft environmental document would be completed thirty
days after the City Council determined that the project should go forward (after the
General Plan Amendment Study is completed).
Staff recommends that the City Council authorize staff to execute a contract with
Jerry P. Haag for the General Plan Amendment Study.
F:\Jeri\Trumark.\9-26ccsr
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RESOLUTION NO. - 95
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A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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AWARDING A CONTRACT TO JERRY P. HAAG
WHEREAS, Trumark Homes is applying for a General Plan Amendment for their 8.9 :t acre site;
changing the General Plan Designation for the site from "Transportation Corridor" to "Medium Density
Residential" (6.1 - 14.0 units per acre); and
WHEREAS, the City Council authorized the initiation of a General Plan Amendment Study at their
meeting of July 11, 1995; and
WHEREAS, Jerry P. Haag is able to prepare the necessary General Plan Amendment Study 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 Jerry P. Haag.
PASSED, APPROVED AND ADOPTED this 26th day of September, 1995.
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AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
F:\Jeri\Trumarlc\Reso 1
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EXHIBIT .1.
STANDARD CONTRACTUAL SERVICES AGREEMENT
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THIS
AGREEMENT
is
made
at
Dublin,
California,
as
of
by and between the CITY OF DUBLIN, a municipal corporation ("CITY"), and
Jt~'( ~A&-
("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 payment~
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.
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.
AGREEMENT
Page 1 of 2
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EXHIBIT 2.
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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
.d 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.
.
7. NOTICES. Any written notice to CONTRACTOR shall be sent to:
.J~y MAG- I UJ2l5kN pLArJtJ6f2-
32.~ ADELINE? ST.
B~E.Y, cA- Q410s
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
4IIroved as to form:
City Attorney
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Scope of Services
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Exhibit A
Phase One: Preliminary Feasibility Study
This task will include the following:
· Holding an initial meeting with the applicants to fully understand the characteristics of
the proposed use;
· Reviewing of existing site and surrounding conditions;
· Thoroughly reviewing the existing Dublin General Plan, specifically related to an
analysis of goals, policies and programs related to land use arrangements, transportation,
housing, required land use buffering, densities near public transit facilities and other
relevant polices. Of specific interest will be the intent and purpose of the Transportation
Corridor designation of the General Plan;
· Contacting appropriate regional planning agencies to determine if they have adopted
relevant polices relating to the placement of higher density housing and conversion of .
industrial land for housing. This will include the Metropolitan Transportation
Commission, ABAG and BART.
· Preparing a memo summarizing the findings of the feasibility study with respect to
conformity of the proposed project with existing General Plan goals and policies,
recommended policies which may be included in the General Plan based on other
regional planning efforts,. an analysis of the residential/industrial interface in terms of
noise, safety and related factors, and potential transportation issues related to the re-
designating the site to Medium Density Residential. The memo will conclude with a
recommendation as to the feasibility of undertaking the proposed amendment.
· Organizing and attending meetings with members of the Planning Commission and
City Council to review the feasibility memo and to review findings contained in the
memo. The applicants would be available to testify and answer questions about the
memo, conclusions reached and any other aspects about the project. "
The intent of the Phase One effort will be to secure an early "go/no go" decision from the City. If
it is decided that the project is not feasible, a minimal amount of time and expense will have been
expended. If a "go" decision is reached, the preliminary memo can form the basis of the General
Plan Amendment staff report.
Budget: $3500
Schedule: 4-6 weeks after authorization
Phase Two: General Plan Amendment and Environmental Documentation
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Dublin GP Proposal
8195
page 2
Work elements will include:
· Preparing an expanded Initial Study as the basis of a Negative Declaration, using standard
City formats. This will include contact with appropriate City departments and other utility
and service providers to understand potential impacts of the proposed General Plan
Amendment. Planning Department staff would be required to mail out any required
notices;
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Coordinating any peer reviews of technical reports that may be necessary;
Responding to comments received on the draft Negative Declaration;
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Attendance at internal staff review meetings that may be required;
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Coordinating necessary legal notices for the Planning Commission and City Council
meetings;
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Preparing staff reports and exhibits using standard City formats;
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Attendance at one Planning Commission and one City Council hearing to give staff
presentations and respond to questions;
.
Completing all follow up actions, such as resolutions, Notice of Detennination, posting
map changes and similar administrative acts.
Budget (not including any specialized
subconsultants or filing fees and assumes all
printing to be done by City): $8,000
Estimated Schedule: A Draft Negative Declaration
can be ready for distribution 30 days after
completion of Phase One Commission/Council
Workshop.
Thus, the total, not-to-exceed budget is $11,500, assuming that the Commission and Council
wish to entertain an application for a GP A. The cost would be limited to $3500 if it decided not
to entertain such an application.
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EXHIBIT B
PAYMENT SCHEDULE
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CITY shall pay CONTRACTOR an amount not to exceed the total sum of
($
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:
Monthlv
but not more often than once a monthi and provided further, in no event
shall CITY pay CONTRACTOR a sum exceeding 30% of the total sum due for
services pursuant to this Agreement in anyone monthi and provided further,.
CITY shall pay the last 20% of the total sum due pursuant to this Agreement
within forty-five (45) days after completion of the services and submittal
to CITY, if all services due pursuant to this Agreement have been
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 sum for any expense or cost whatsoever
incurred by CONTRACTOR in rendering services pursuant to this Agreement.
Exhibit B
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CITY shall make no payment for any extra, further or additional
.vice 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 timesheets 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.
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Exhibit B
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EXHIBIT C
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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
Page 1 of 1
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EXHIBIT D
GENERAL PROVISIONS
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1.
INDEPENDENT CONTRACTOR.
At all times during the term of this
Agreement, CONTRACTOR shall be an independent contractor and shall not be
an employee of CITY. CITY shall have the right to control CONTRACTOR only
insofar as the results of CONTRACTOR'S services rendered pursuant to this
Agreement; however, CITY shall not have the right to control the means by
which CONTRACTOR accomplishes services rendered pursuant to this Agreement.
2.
LICENSES: PERMITS: ETC.
CONTRACTOR represents and warrants to
CITY that he has all licenses, permits, qualifications and approvals of
whatsoever nature which are legally required for CONTRACTOR to practice his
profession.
CONTRACTOR represents and warrants to CITY that CONTRACTOR
shall, at his sole cost and expense, keep in effect at all times during the
... '>rm of this Agreement any licenses, pe~mi ts, and approvals which are
jllLIIY 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.
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Exhibit D
Page 1 of 7
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(a) Minimum Scope of Insurance.
as:
Coverage shall be at least as broad
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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 LiabilitYi or Insurance Services
Office Commercial General Liability coverage (lIoccurrence"
form CG 0001.)
2. Insurance Services Office form number CA 0001 (Ed. 1/78)
covering Automobile Liability,
code 1 lIany auto" and
endorsement CA 0025.
3 . Workers' Compensation Insurance as required by the Labor
Code of the State of California and Employers Liability
Insurance.
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(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:
$350,000 combined single limit per
accident for bodily injury and property damage.
3 .
Workers' Compensation and Employers Liability: Workers'
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Exhibit D
Page 2 of 7
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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.
Ettbit D
Page 3 of 7
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The policies are to contain, or be
endorsed to contain, the following provisions:
1. General Liability and Automobile Liability Coverages.
a.
The CITY,
employees and
its officers,
officials,
volunteers are to be covered as insureds as respects:
liability arising out of activi~ies 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 I S insurance coverage shall be primary
insurance
the
its
officers,
respects
CITY,
as
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.
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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
.
Exhibit D
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limits except after thirty (30) days' prior written notice
by certified mail, return receipt requested, has been given
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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 before work commences.
The CITY reserves the right
to require complete, certified copies of all required insurance
policies, at any time.
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(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 subj ect 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.
CONTRACTOR NO AGENT.
5.
Except as CITY may specify in writing,
CONTRACTOR shall have no authority, express or implied, to act on
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Exhibit D
Page 5 of 7
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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 th~
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,
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Exhibit D
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'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.
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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, 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.
.itD
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a:contract.personnel forms