Loading...
HomeMy WebLinkAboutItem 8.3 CnsltSvsAffordbleHousing (2) CITY CLERK File # [Q]~~~-[1]0 . AGENDA STATEMENT CITY COUNCIL MEETING DATE: DECEMBER 12,1995 SUBJECT: EXHIBITS ATTACHED: RECOMMENDATION: c/ /l. y~ fr . / /, '0'-' 'J/ ii' FINANCIAL STATEMENT: ... DESCRIPTION: Award of Contract for Consultant Services for Affordable Housing Report Prepared by: Tasha Huston, Associate Planner :Jj.II- Exhibit 1. / Resolution Awarding the Consulting Contract Exhibit 2. / Contract for Consultant Services with CGMS, Inc. 1. Adopt Resolution approving the contract between the City and CGMS, Incorporated 2. Authorize the City Manager to Execute the Contract The Contract will not exceed $ 1 Q,OOO (which includes the estimated services cost of $8,000 plus allows for additional services not to exceed 25% of the initial $8,000 contract amount). The contract will be paid using funds from the Planning Department's Professional Services account. The City is in the process of establishing a method for recovering any costs associated with implementing the Eastern Dublin Specific Plan. A portion of these contract costs will be recovered through the processing of future development projects within the Eastern Dublin Specific Plan area. The Dublin Housing Element identifies various programs intended to implement the affordable housing goals of the City, including the adoption of an Inclusionary Housing Ordinance. The Eastern Dublin Specific Plan directs that the City shall adopt an Inclusionary Housing program. In order to ensure that the City's overall . housing strategy is applied and developed into a feasible and workable program under today's housing market, staff recommends that the City obtain the assistance and counsel of an experienced consultant who specializes in the field of affordable housing. Staff and the identified planning consultant firm of CGMS, Incorporated, have prepared a draft scope of work proposal and agreement to provide the City with counsel related to the City's affordable housing strategy. The consultant team will include CGMS, Inc. as the primary consultant. This firm is experienced in providing public and non-profit agencies with assistance in affordable housing program design and implementation. CGMS will maintain a sub-contract with Seifel Associates, to assist in the more focused issues of the Inclusionary Housing Ordinance. --------------------------------------------------------------------- . COPIES TO: Planning Director Senior Planner Project Planner Project File Planning Secretary ITEM NO. <J,3 Upon commencement of the contract, the consultant team will work with the City and the community in a collaborative manner to address the affordable housing issues in the City of Dublin. The consultants will assist the City in evaluating its established goals, defining existing and potential policies and programs, and recommending options for implementing these goals. The affordable housing planning process will include.: . study sessions and public hearings before the Planning Commission and City Council, and adoption of an - Inclusionary Housing Ordinance. The project scope anticipates approximately 3 months of consultation, on an hourly basis, with a total cost not to exceed $10,000. Staff recommends that the City Council adopt the attached resolution (Exhibit 1) awarding the contract for consultant services, and authorize the City Manager to sign the agreement (Exhibit 2). .-. .... RESOLUTION NO. ." A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AWARDING A CONSULTING CONTRACT TO CGMS, INCORPORATED WHEREAS, The Dublin Housing Element identifies various programs intended to implement the affordable housing goals of the City, including the adoption of an Inclusionary Housing Ordinance; and WHEREAS, The Eastern Dublin Specific Plan directs that the City shall adopt an Inclusionary Housing program; and WHEREAS, In order to ensure that the City's overall housing strategy is applied and developed into a feasible and workable program under today's housing market, the City should obtain the assistance and counsel of an experienced consultant who specializes in the field of affordable housing; and WHEREAS, the consulting firm of CGMS, Incorporated, is able to provide the necessary consultation services in a timely and cost effective manner; and . WHEREAS, the Staff Report was submitted recommending that the City Council award the proposed contract to CGMS, Incorporated; and WHEREAS, the City Council did consider said report and recommendations. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby award the consulting contract to CGMS, Incorporated. PASSED, APPROVED AND ADOPTED this 12th day of December, 1995. AYES: NOES: ABSENT: ABSTAIN : Mayor . ATTEST: City Clerk EXHIBIT 1 STANDARD CONTRACTUAL SERVICES AGREEMENT . THIS AGREEMENT is made at Dublin, California, as of December 12, 1995, by and between the CITY OF DUBLI1\T, a municipal corporation ("City"), and CGMS, Incorporated, ("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 i.n 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 maImer specified in Exhibit B; or, if no marmer is 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. . -1- EXHIBIT 2 .' .' .- 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 ll1.sofar 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 (U Administrator"). All correspondence shall be directed to or through the Administrator or his or her designee. -2- 7. NOTICES. Any written notice to Contractor shall be sent to: . CGMS Incorporated 1 Post Street Suite 2130 San Francisco, CA 94104 Attn: Christine Gouig, Senior Associate Ph: (415) 956-2454 Fx: (415) 956-2875 Any written notice to City shall be sent to: CITY OF DUBLIN 100 Civic Plaza Dublin, CA 94568 A ttn: Richard Ambrose Ph: (510) 833-6650 Fx: (510) 833,-6651 Executed as of the day first above stated: .~' CITY OF DUBLIN, a municipal corporation By "City" A ties t: City Clerk By Approved as to form: "Contractor" Eugene Slater, President City Attorney .': -3- . .' . EXHIBIT A SCOPE OF SERVICES December 7, 1995 PROPOSAL TO: CITY OF DUBLIN Planning Department 100 Civic Plaza Dublin, CA 94568 Attn.: Tasha Huston TO PROVIDE: Ad vice and assistance to the City regarding the feasibility and appropriateness of affordable housing goals contained in the City's Housing Element and East Dublin Specific Plan. CONSULT ANT TEAM: CGMS Incorporated (CGMS) will serve as prime contractor. Chris Gouig and Clio Tarazi will be responsible for the work. Seifel Associates will serve as subcontractor to CGMS, specializing in all aspects related to design, development and analysis of an inclusionary zoning ordinance. Libby Seifel and Mark Sullivan will be responsible for the work. SCOPE OF WORK: 1. Review the City's Housing Element, East Dublin Specific Plan, Rental A vailability Ordinance and other materials and documents provided by the City which relate to the City's affordable housing goals and objectives. 2. Attend a one day meeting with City staff designated by the City to discuss and fui.alyze the goals contained in the referenced housing documents as well as additional goals/programs the City may suggest at the meeting. The meeting will take place at City offices (at this time, the meeting is set for December 19). For each goat the discussion would focus on the nature of the goal; expected results and effectiveness; typical program, development and administrative cost considerations; possible partnerships; implementation issues such as staffing and monitoring responsibilities; and ty-pical -4- timeframes. CGMS' and Seifel Associates experience in other jurisdictions would be used as a basis far the discussion. . 3. Review and comment on any written materials prepared by City staff for the Planning Commission and City Council meetings referenced below. 4. CGMS would attend a meeting of the Planning Commission and a meeting of the City Council, currently scheduled for January 2 and January 9, respectively. Seifel Associates would attend these meetings if requested to do so by City staff, depending on the expected nature and level of discussion regarding inc1usionary zoning. Seifel Associates would attend up to two additional meetings to discuss inc1usianary zaning issues. ii, 5. CG11S and Seifel Associates would provide follow-up advice and 'commentary in response to Commission and Council questions and discussion. The amount of time required for such follow-up is unknown at this time but would be calculated to correspond with the amount of funds remaining under t~s Agreement. No work beyond the scope of work listed here would be conducted without the approval of all the parties. FURTHER SERVICES: . Specific products or services may be identified as a result of the meetings and City Council direction. The City and CGMS and Seifel Associates would agree at such time as to the nature of the product, scope of services and compensation level. -5- . .,:' .' . EXHIBIT B PAYMENT SCHEDULE City shall pay Contractor an amount not to exceed $7,500 for professional fees, invoiced in accordance with the fee schedule below, and shall reimburse up to $500 for expenses. CGMS and Seifel Associates each would invoice for up to 30 hours for preparation for and attendance at three meetings (which may be different meetings), review of any written report prepared by staft and follow-up advice after the Planning Commission and City Council meetings. The total professional fee wou.ld, therefore, not exceed $7,500 ($150 per hour times 30 hours plus $100 per hour times 30 hours). Professional Fees CGlvIS: Seifel Associates: Senior Associate Principal Economist Asst. Economist Word Processing $150 per hour $100 per hour $60 per hour $50 per hour $40 per hour Expenses CGMS: Expenses are billed on a direct reimbursable basis. Mileage is billed at 30 cents per mile. 3eifel Associates: Expenses are billed on a direct reimbursable basis with the exception of telephone which is billed at 2% of the billed professional services. Mileage is billed at 30 cents per mile. Expenses would not exceed $500 without approval of the City. Invoices would be submitted monthly. If payment is not received within 60 days, CGMS and Seifel and Associates would discontinue work on current and future assignments. TI1e 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 8.ny additional sum for any expense or cost whatsoever incurred by Contractor jn rendering services pursuant to this Agreement. -6- 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 percent (25%) of the initial Agreement 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 tll.is event, City shall compensate 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. Contractor is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of a fully 2xecuted Purchase Order from the City. .' .-, -- -7- .' .,- .' 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 th,e 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. -8- EXHIBIT D .' GENERAL PROVISIONS 1.. IN~EPENOENT CONTRACTOE. 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 ~hich 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 requir~d for Contractor to practice his profession. Contractor represents and _arrants to City that Contractor shall, at his sole cost and expense; keep in effact at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Contractor to practice his profession. :. ~. contractor shall devote such time to the partormance of services pursuant to this Agreement as ~ay be reasonably necessary for satisfactory performance of Contractorls ._ obligations pursuant to this Agreement. . " ,. INSURA~CE 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, reprasentatives, employees or subcontractors. The cost of such insurance shall be included in the Contractor1s 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) coverinq comprehensive General Liability and Insurance Services Office for~ numb~r GL 0404 covering Broad Form Comprehensive Ganeral Liability; or Insurance services Office Commercial General Liability coverage ("occurrencell form CG 0001.) .- -9- .- Insurance Services Office form number CA OOO~ (Ed. 1/78) covering Automobile Liability, code. 1 "any auto" and endorsement CA 0025., , 3. Workers. Compensation insurance as required by the Labor Code of the state of California and Employers Liability Insurance. 2. (b) Minimum Limits of Insura~~e. 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 g~neral 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. . (0) Deductibles and Self-Ins~red ~2tentions. 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) pther 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 .-, -10- 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 vol~nteBrs. b. The Contractor'g 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 Contractorls insurance shall apply separately to each insur~d 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. WAIVED Contractor shall carry professional liability insurance in an amount deemed by the City to adsquately 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. . -11- .~ . . 4. All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled Py either party, reduced in coverage or in limits except after thir~y (30) daysl prior ~ritten notice by certified mail, return receipt requested, has been given to the city. (e) Acceptabilitv of lnsurers. 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 befo~e work commences. The city reserves the right to re~uire cDmplete, certified copies of all required insurance policies, at any time. (g) subcontr~ctors. Contractor shall include all s~bcontractors 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 ~GENT. Except as City may specify in writing, contractor shall have no authority, e~press or implied, to act on bQhalf of city in any capacity whatsoever as an agent. contractor shall have no authority, express or impliea, pursuant to this Agreement to bind City to any obligation whatsoever. 6. ASSIGNMENT PROHIBITED. No party to this'Agreement may assign any right or ob~igation 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. -12- 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 HARlv[LESS 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 acconnt of the performance or character of the work, unforeseen difficulties, ..: accidents, occurrences or other causes predicated on active or passive negligence of the Contractor or of any subcontractor. Contractor shall indenu1.ify, defend and hold harmless the City, its officers, officials, directors, employees and agents from and against any or a111oss, 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 that is the subject of this Agreement. This paragraph shall not be con.strued 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 par.ties hereto recognize and agree that this Agreement is not a construction contract. By execution of this Agreement Contractor acknowledges and agrees that he or she 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 REGULA nONS. 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. .' -13- .. .' -- .: 11. DOCUMENT~. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda or other written documents or material 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. -14-