HomeMy WebLinkAbout4.03 PublicFacFeePgrm
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CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: January 9, 1995
SUBJECT
Agreement with Recht Hausrath & Associates to
prepare a Public Facilities Fee Program
Prepared by: Diane Lowart, Parks & Community
Services Director
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1)
2)
A J:J/ 1)
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Agreement
Budget Change Form
E:KHIBITS~ AT'rmcmFlD
RECOMMEll'iUl\T!tQ)l
Authorize Mayor to execute Agreement
Authorize an additional appropriation of
$10,500 to be repaid from development fees
FINANCIAL STATE:MENT
Consultant's fee is not to exceed $10,500 and will
be added to and recovered through the levy of the
Public Facilities Impact Fee on future development
DESCRIPmON The Eastern Dublin Specific Plan
1993. The Plan includes financing goals including a
development in the Specific Plan area should pay the
infrastructure needed to serve the area.
was adopted in
goal that new
full cost of
At the December 12, 1994 meeting of the Dublin City Council, the Council
adopted a Public Facilities Impact Fee Ordinance. The purpose of the
ordinance is to establish a Public Facilities Fee to pay for municipally
owned public facilities (park improvements, community facilities, a library
and buildout of the Civic Center). The ordinance is an "implementing
ordinance" which establishes a mechanism for imposing a fee.
Prior to imposing a fee (which requires a public hearing and adoption of a
resolution setting the fees), it is necessary to undertake a study to
establish a Public Facilities Fee Program for the City of Dublin. Staff
recommends that. the City contract with Recht Hausrath and Associates to
develop the Program. Recht Hausrath & Associates is a finn of urban
economists with extensive experience applying the tools of economic, real
estate, and fiscal analysis to a variety of local and regional planning
p~ojects; and development impact assessments and financing programs.
It shoulli be noted that Recht Hausrath & Associates was retained by the
City in November of 1994 to develop a preliminary public facilities fee to
be used in developing the conditions of approval for the Homart project.
Consequently, much of the preliminary background work for the proposed
~oject fias been accomplished.
~tached is the City's Standard Consultant Services Agreement which
includes a detailed scope of work, a proposed schedule for completion of
the work". ami a fee proposal. It is estimated that the work can be
complete~ wi.l.tthim three to four months at a cost not to exceed $10,500.
It is the reu:.<mmn..matat.:iion of Staff that the City Council authorize the Mayor
t.o~ execu ttm the.'c ~ren.m/'sa t .
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AGREEMENT BETWEEN CITY OF DUBLIN AND
RECHT HAUSRA TH & ASSOCIATES
FOR PREPARATION OF A
PUBLIC FACILITIES FEE PROGRAM
THIS AGREEMENT is made at Dublin, California, as of January 10, 1995 by and between the
CITY OF DUBLIN, a municipal corporation ("City"), and Recht Hausrath & Associates ("Contractor"),
who agree as follows:
1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Contractor
shall provide to City the services described in Exhibit A. Contractor shall provide said services at the
time, place and in the manner specified in Exhibit A.
2. PAYMENT. City shall pay Contractor for services rendered pursuant to this Agreement
at the time and in the manner set forth in Exhibit B. i 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 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 the City
Manager ("Administrator"). All correspondence shall be directed to or through the Administrator or his
designee.
7. NOTICES. Any written notice to Contractor shall be sent to:
Mr. Robert D. Spencer
Recht Hausrath & Associates
1212 Broadway
Oakland, CA 94612
Agreement
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Any written notice to City shall be sent to:
Mr. Richard C. Ambrose, City Manager
City of Dublin
100 Civic Plaza
P.O. Box 2340
Dublin, CA 94568
Executed as of the day first above stated:
Attest:
City Clerk
Approved as to form:
City Attorney
Agreement
Page 2 of2
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CITY OF DUBLIN, a municipal
corporation
By
"City"
RECHT HAUSRATH & ASSOCIATES
By
"Contractor"
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EXHIBIT A
SCOPE OF SERVICES
1. Complete Technical Analysis
The fee documentation would be based on our preliminary study summarized in my memorandum to
you dated November 11, 1994 (copy attached). We completed substantial portions of the analysis
necessary to calculate the fees and prepare the documentation in that preliminary study. However,
several outstanding issues remain. To complete the analysis we would work with city staff, and outside
counsel as necessary, to resolve the following issues:
. Existing levels of development should be updated to January 1, 1995 so that the
documentation is based on the most current data available. This task will require the assistance
of city planning staff. The preliminary study used January 1, 1994 to determine existing levels
of development.
. Projected vacancy rates need to be integrated into the population and employment buildout
assumptions.
. Assumptions regarding the cost of land need further scrutiny. We will examine the existing
and proposed zoning, based on the Eastern Dublin Specific Plan, for the planned location of each
new public facility. We will also contact land appraisers and real estate brokers, in addition to
those contacted for the preliminary study, for more cost information.
. We will review the building cost assumptions from the preliminary study with city staff,
though we do not expect any significant changes. We will need additional detail on the use of
Civic Center fee revenues.
. The allocation of facility costs to non-residential land uses also needs further scrutiny because
of the lack of data specific to Dublin. In addition to follow up conversations with city staff, we
will survey other local jurisdictions in the area for relevant data.
Once these issues have been resolved we will recalculate the fees and summarize results in a short
memorandum for your review and comments. We do not expect any other significant technical or policy
issues to require resolution other than those listed above.
Exhibit A
Page 1 of3
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2. Prepare Documentation
We will prepare documentation for a public facilities fee program for the City based on the results of the
technical analysis. The report will be written to fulfill three purposes. The report will serve:
. To communicate in simple language to a public audience the purposes of and basis for the fee
program;
. As documentation to fulfill the requirements of Government Code Sections 66000 et seq. by
demonstrating a reasonable relationship between new development, the public facilities needed
to accommodate it, and the amount of the fees; and
. As a guide to city staff for monitoring and updating the program.
The fee as calculated will include an amount for the purchase of land for park and recreational purposes,
which will be in addition to the fees collected pursuant to Chapter 9.28 of the Dublin Municipal Code
("Quimby Act fees"). The fee will also include an amount for the improvement of land purchased for
park and recreational purposes, whether that land is purchased using proceeds of the Quimby Act fees or
of the present fee. The report will separately identify which portion of these fees are for each of these
three purposes (i.,e. (1) purchase of land for park and recreational purposes, (2) improvement of land
purchased with proceeds of these fees, and (3) improvement of land purchased with proceeds of the
Quimby Act fees).
We will submit a draft of the report to city staff for review and comment prior to finishing the final draft.
3. Prepare Administrative Guidelines
In the past our clients have found it useful for us to prepare administrative guidelines to assist city staff
in implementing the program. These guidelines address issues such as the imposition of fees on mixed
use development projects, the use of fee credits, and the relationship between the fee's land use
categories and the City's zoning designations. The administrative guidelines will also address financial,
accounting, and compliance issues such as integration with the City's capital improvement program,
lending among fee accounts, and annual findings required by state statute.
To complete this task we will meet with city staff responsible for implementing the program and draft
guidelines for their review. Based on comments on this draft we will provide a final set of guidelines.
4. Attend Public Meetings
This scope assumes that we will attend two public workshops, meetings, or hearings in connection with
adoption of the fee program. Of course this number can be adjusted depending on the City's needs.
Exhibit A
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Schedule
We are prepared to begin work on this study immediately. We would expect to complete the draft fee
report within two months following notice to proceed. We would complete the draft administrative
guidelines within four weeks following delivery of the draft report. Completion of the final report and
administrative guidelines will depend on the schedule of review and extent of comments by city staff.
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Exhibit A
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RECHT
HAUSRATH
&ASSOCIATES
October 26, 1994
Rt:CI:IVED
(~:\)ll - r f991t
Diane Lowart
City of Dublin
100 Civic Plaza
Dublin, California 94568
Dear Diane:
This letter serves to confirm the engagement between Recht Hausrath & Associates (RHA)
and the City of Dublin to prepare a study for a preliminary public facilities fee. The scope of
this study is based on our October 6 meeting and subsequent telephone conversations with
you.
Study Appt'oach and Scope of Set'vices
The purpose of this study is to prepare a citywide, preliminary public facilities fee to fund
certain types of public facilities. The fee will be based on a nexus between new development
and the need for new public facilities to accommodate that development. Key elements of
our approach to this study include:
. New development will be the difference between 1994 levels of development and
buildout of the existing ci ty, including the East Dublin General Plan Amendment area,
and excluding the Western Extended Planning Area. We will expect city staff to
provide information regarding 1994 and buildout levels of development by land use.
. The additional public facilities needed to accommodate new development will be based
on existing master plans to the extent available, including the Parks and Recreation
Master Plan and the East Dublin Specific Area Plan. Any additional facility needs
identified by cily slaff will be incorporated into the sludy as well.
· The types of public facilities included in the study are: neighborhood parks,
community parks, community facilities (e.g. community, senior, and aquatic centers),
libraries, and the civic center.
. We will develop assumptions for allocating facility demand between residential and
non-residential land uses based on similar studies we have conducted for other cities.
The results of the study will be presented in a brief memorandum. That memorandum will
include a table showing the preliminary fees by unit of development (per dwelling unit or per
thousand building square feet) for each land lIse (probably two residential and three non-
URBAN ECONOMISTS
1212 BROADWAY . OAKLAND. CA 94612 . (510) 839-8383 . FAX (510) 839.8415
"Ms. Diane Lowart
October 26, 1994
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Page 2
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residential land uses). The memorandum will also summarize key assumptions and policy
impl icatiolls. We wi II attend one meeting to discuss the memorandum and with ci ty staff.
Staffing, Budget, and Schedule
I am a senior economist with RHA and will complete the majority of the scope of services
under this engagement. Dick Recht, a founding partner of Rl-IA, will ensure the quality of all
study deliverables and provide oversight as needed.
We will complete the scope presented above for a not to exceed cost of $3,500, including all
expcnscs and overhead. The cost is based on hourly billing rutes for Mr. Spencer and
Mr. Recht at $80 and $120, respectively.
We expect to complete the study memorandum within two weeks from the time we receive
the necessary demographic and public facility planning data from city staff.
If the City agrees to this engagement as presented in this letter, please sign below and. return
the original to me. You may keep a copy for your files, of course. Please call me if you
have any questions or comments.
Yours VelY, Truly,
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RO~~E!..E';,. S pen cer
Agreed To:
. On (date):. 1/ /ttf/91-
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. For the City of DublIn
MaYO~' ~
A'ITEST: ~ cJL-
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EXHIBIT B
PAYMENT SCHEDULE
1. City shall pay Contractor an amount not to exceed the total sum of Ten Thousand Five Hundred
and NoI100 Dollars ($10,500.00) for services to be performed pursuant to this Agreement. Direct
expenses will be billed at cost. Labor will be billed at cost based on the following rate schedule:
RHA Staff
Hourly Rate
1. Richard Recht
Robert D. Spencer
Sam Junkins
$125
$ 85
$ 65
2. Contractor shall submit invoices, not more often than once per month, based upon the work
completed as identified in EXHIBIT A "Scope of Work".
3. City shall retain I 0% of all billings, until the City has determined that the scope of work pursuant
to this Agreement have been satisfactorily performed.
4. The total sums stated above shall be the total which City shall pay for the services to be rendered
by Contractor pursuant to this Agreement. City shall not pay any additional sum for any expense or cost
whatsoever incurred by Contractor in rendering services pursuant to this Agreement.
5. City shall make no payment for any extra, further or additional service pursuant to this
Agreement unless such extra service and the price therefor is agreed to in a written Change Order
executed by the City Manager, or other designated official of the City authorized to obligate City
thereto. Said Change Order shall be executed prior to the time such extra service is rendered and in no
event shall such change order exceed twenty-five (25%) of the initial Contract price stated in Section 1
above. In the event the event the Change Order exceeds this limitation, City Council approval shall be
required.
6. The services to be provided under this Agreement may be terminated without cause at any point
in time in the sole and exclusive discretion of City. In this event, City shall compensate the Contractor
for all outstanding costs incurred as of the date of written notice thereof and shall terminate this
Agreement. Contractor shall maintain adequate logs and time sheets in order to verify costs incurred to
date.
7. The Contractor is not authorized to perform any services or incur any costs whatsoever under the
terms of this Agreement until receipt of a fully executed copy of this Agreement.
Exhibit B
Page 1 of I
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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
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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 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 ofInsurance. Coverage shall be at least as broad as:
1. Insurance Services Office form number GL 0002 (Ed. 1/73) covering
comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad
Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability
coverage ("occurrence" form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile
Liability, code 1 "any auto" and endorsement CA 0025.
3. Workers' Compensation insurance as required by the Labor Code of the State of
California and Employers Liability Insurance.
(b) Minimum Limits of Insurance. Contractor shall maintain limits no less than:
1. General Liability: $1,000,000 combined single limit per occurrence for bodily
injury, personal injury and property damage. If commercial General Liability Insurance or other form
with a general aggregate limit is used, either the general aggregate limit shall apply separately to this
project/location or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: $1,000,000 combined single limit per accident for bodily
injury and property damage.
3. Workers' Compensation and Employers Liability: Workers' compensation limits
as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000
per accident.
Exhibit D
Page 1 of 4
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(c) Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must
be declared to and approved by the City. At the option of the City, either the insurer shall reduce or
eliminate such deductibles or self-insured retentions as respects the City, its officers, officials and
employees; or the Contractor shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
(d) Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the
following provisions:
1. General Liability and Automobile Liability Coverages.
a. The City, its officers, officials, employees and volunteers are to be covered
as insured as respects: liability arising out of activities performed by or on behalf of the Contractor;
products and completed operations of the Contractor, premises owned, occupied or used by the
Contractor, or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall
contain no special limitations the scope of the protection afforded to the City, its officers, officials,
employees and volunteers.
b. The Contractor's insurance coverage shall be primary insurance as respects
the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by
the City, its officers, officials, employees or volunteers shall be excess ofthe 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. Worker's Compensation and Employees Liability Coverage,
The insurer shall agree to waive all rights of subrogation against the City, its
officers, officials, employees and volunteers for losses arising from work performed by the Contractor
for the City.
3. Professional Liability.
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
before work commences. The City reserves the right to require complete, certified copies of all required
insurance policies, at any time,
Exhibit D
Page 2 of 4
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(g) Subcontractors. Contractor shall include all subcontractors as insured under its policies
or shall furnish separate certificates and endorsements for each subcontractor. All coverages for
subcontractors shall be subject to all of the requirements stated herein.
(h) The Risk Manager of City may approve a variation in those insurance requirements upon
a determination that the coverages, scope, limits and forms of such insurance are either not commercially
available or that the City's interests are otherwise fully protected.
5. CONTRACTOR NO AGENT. Except as City may specify in writing, Contractor shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.
Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to any
obligation whatsoever.
6. ASSIGNMENT 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 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 of 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.
Exhibit D
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1 O. 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.
11. DOCUMENTS. All reports, data, maps, models, charts, studies, surveys, photographs,
memoranda or other written documents or materials prepared by Contractor pursuant to this Agreement
shall become the property of the City upon completion of the work to be performed hereunder or upon
termination of the Agreement.
Exhibit D
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CITY Of DUBLDf
BUOOET CHANGE FORM
AS PRESENTED TO THE CITY COUNCIL
JANUARY 9, 1995
CHAIlGE FOR.'l
...lL-
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new appropriation~ budget transfer
~ budget change
L-l
increase budget account
I~CAPITAL PROJECT FUND-PUBLIC
laccount II
11 300-9450 - 740 - 000
I~
'account II
12
I~
'account II
13
I~
'account II
14
I~
laccount II
15
I~
\account II
16
I~
lacconnt II
17
I~
\account II
18
FACILITY IMPACT FEE STUDY
CONTRACT SERVICES
:I; 1 n, ')00 on
decrease budget account
~
acconnt II
1 $
~
account n
2 $
~
account II
:3 :t
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account jl
4 :t
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account II
5 :S
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acc:ount II
6 :I;
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account jj
7 :I;
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ar:r:ount jl
8 :S
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$
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REASONS, JUSTIFICATION, AND ITE.'lIZED COSTS: AS PART OF THE IMPLEMENTATION OF THE EASTERN DUBLIN
SPECIFIC PLAN IT IS NECESSARY TO ESTABLISH A PUBLIC FACILITIES IMPACT FEE. THIS BUDGET
CHANGE WILL APPROPRIATE THE FUNDS NECESSARY TO HAVE A CONSULTANT DEVELOP A FACILITY FEE.
IT IS ANTICIPATED THAT THE COST OF THIS STUDY WILL EVENTUALLY BE PAiD FOR BY FEES
COLLECTED. THEREFORE. THE GENERAL FUND WILL MAKE AN INTERFUND LOAN TO THE CAPITAL
PROJECT FUND TO COVER THE COST OF THE STUDY. THE AUTHORIZATION OF THE BUDGET APPROPRIATION
SHALL ALSO INCLUDE THIS ADVANCE BY THE GENERAL FUND, WHICH IS ANTICIPATED TO BE REPAID
IN THE FUTURE.
CITl IWI1IGER
\ \
date
1 \ 9 \ q')
date
signature
CITY COmlClL
signature GUY S. HOUSTON, MAYOR
Ex H .LB:.L T ~