HomeMy WebLinkAbout4.04 AwardContractPA94-030
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CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: AUGUST 8, 1994
EXHIBITS ATTACHED:
Award of contract for Fiscal Analysis for
PA 94-030 Eastern Dublin Annexation/
Detachment and Prezone #1
Laurence L. Tong, Planning Director~
1. ~Resolution Awarding the Consulting
contract
2. ~contract for Consultant Services
SUBJECT:
REPORT PREPARED BY:
RECOMMENDATI~~ 1.
2.
Award the Contract for Consultant
Services to Economics Research
Associates
Authorize the city Manager to Execute
the Contract
FINANCIAL STATEMENT:
The Contract will not exceed $15,000 and is
to be paid for by Applicants.
DESCRIPTION:
Jennifer Lin and Clyde casterson are applying to the city for
PA 94-030 Eastern Dublin Annexation/Detachment and Prezone #1. The
project proposal includes an initial prezoning, annexation to the City
of Dublin and the Dublin San Ramon Services District (DSRSD), and
detachment from the Livermore Area Recreation and Park District
(LARPD). The proposal covers approximately 1,500 acres of land
generally along Tassajara Road north of 1-580 and west of Fallon Road.
Staff is working with the Applicants to facilitate the processing of
this project.
Policies in the Eastern Dublin General Plan Amendment and
Specific Plan require that projects in the area pay for themselves
regarding the cost of infrastructure and services. Economics Research
Associates (ERA) prepared the fiscal portion of the General Plan
Amendment and Specific Plan. They are familiar with the history
surrounding this project and they are able to prepare the necessary
fiscal analysis in a timely and cost effective manner.
staff recommends that the city Council 1) award the contract for
consultant services to ERA, and 2) authorize the City Manager to
execute the contract.
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ITEM NO.
COPIES TO: Carol cirelli, Senior Planner
Applicants
Agenda/PA File
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RESOLUTION NO.
- 94
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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AWARDING A CONSULTING CONTRACT TO ECONOMICS RESEARCH ASSOCIATES
WHEREAS, Jennifer Lin and Clyde Casterson are applying for PA 94-
030 Eastern Dublin Annexation/Detachment and Prezone #1; and
WHEREAS, policies in the Eastern Dublin General Plan Amendment
and Specific Plan require projects in the area to pay for themselves
regarding the cost of infrastructure and services; and
WHEREAS, the consulting firm of Economics Research Associates is
able to prepare the necessary fiscal analysis in a timely and cost
effective manner.
NOW, THEREFORE BE 1'1' RESOLVED that the city council of the city
of Dublin hereby awards the consulting contract to Economics Research
Associates.
PASSED, APPROVED AND ADOPTED this 8th day of August, 1994.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
city Clerk
EXHIBIT 1
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STANDARD
CONTRACTUAL SERVICES AGREEMENT
THIS AGREEMENT is made at Dublin, California, as of
,August 8
, 1994~ by and between the CITY OF DUBLIN,-a
municipal corporation (tlcity"), and Economics Research Associates
(tlcontractor"), 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
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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.
Agreement
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EXHIBIT 2-
3. FACILITIES AND EQUIPMENT. Except as set forth in
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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.
7. NOTICES. Any written notice to contractor shall
be sent to:
Economics Research Associates
588 Market Street, Ste. 1580
San Francisco, CA 94111
1\gree~ent
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Any written notice to city shall be sent to:
City of Dublin
Attn: Richard Ambrose
P.o. Box 2340
Dublin, CA 94568
Executed as of the day first above stated:
CITY OF DUBLIN, a municipal
corporation
By
"city"
Attest:
city Clerk
By
"contractor"
Approved as to form:
city Attorney
Agreement
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EXHIBIT A
SCOPE OF SERVICES
:
(As specified in August 3, 1994, letter
from Economics Research Associates,
as attached.)
Exhibit A
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SENT BY:S, fo OfFICE
8- 3-94 4;;14I-'M
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Economics Research Associates
Affi/iatsd with Drivers Jonas
3 August 1994
--
Richard C. Ambrose
Dublin City Manager
P.O. Box 2g40
100 Civic Plaza
DubUn~ CA 945<<58
Proposal No. 31925
Dear Mr. Ambrose:
In follow up to this morning's meeting, EcononUcs Research Associates (ERA.) is
pleased to present the following proposal for a scope of work to assist the City of Dublin in
evaluating the fiscal impacts of annexing approximately I,S30 acres in the Eastern Dublin
Specific Plan Area. We understand the City would like to determine the degree of potential
fiscal liability the City is taking on in the worst case scenario, where the property is annexed
but remains undeveloped for many years. ERA is in a position to analyze these fiscal impacts
quickly and efficiently due to the extensive experience we have had in the past analyzing
fiscal issues for the City related to the Eastern Dublin Specific Plan and the negotiations with
Alameda County over the annexation agreement.
SCOPE OF WORK (Exhibit A)
We understand that relevant information regarding property values has already been
gathered by the land owneIB and their representatives, and that infonnation regarding service
costs is currently being prepared by Dublin department heads. ERA's role will be to collect
and critique this information, augment it as necessary with additional research and analysis,
and prepare a summary analysis of the costs. revenues and resulting surpluses or deficits likely
to be experienced by the City of Dublin over the next five years. Specific tasks will include
the following:
. Collect and review property value data and schedule of Williamson Act
reUreIIients provided by land owners.
. Check valuation data asainst County Assessors rolls, and research the effect of
Williamson Act on assessed value over each of the next five years.
. Disc\lSS factors for subventions and other miscellaneous revenues with the City.
. Develop a spreadsheet projecting revenues to the City for each year from 1994
to 1999.
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Exhibit A
Page 2 Of 3
388 Market Street. Suite 15S0, San Francisco, Califomla 94111 . (415) 956.8152 Telax: 340890 (ECON RES SFO) Fax: (415) S56-5274
Los Angeles · San Francisco · San Diego · Chicago. Washington, D.C. · London
\J~ll.1 U I' \oJ. I. VI I ...\/-
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Econo'cs Research Associates ·
Milia/ad wirl1 Orlvers Jonas
. Collect and critique internal analyses conducted by the police, rue and public
works departments regarding service costs, and discuss reasonable apportionment
of additional administrative costs for the City.
. Investigate the City' 8 existing fee systems and assessment districts to detennine
if there are any additional coati wliich will be immediately transferred to the
property owners upon annexation.
. Develop a spreadsheet projecting costs of extending mWlicipal services to the
annexation area for each year from 1994 to 1999.
. Prepare a memorandum report including narrarlve and spreadsheet analyses
comparing costs and re'Venues over the next five years.
CO:MPENSA nON (Exhibit B)
ERA proposes to render the above services on a time and expenses basis. Invoices
will be submitted on a monthly schedule as of the 15th of each month. Professional time will
be charged at the rate of $150 per hour for Vice President and $85 per hour for Senior
Associate. Research staff at lower billing rates may also be used on the project Out-of-
pocket-expenses will be charged at cost plus ten percent Costs will not exceed $15tOOO
without prior written authorization from the City. (We expect the total cost to be less than
$10,000 for this assignment.)
SCHEDULE AND PROJECT INITIATION
We understand this assignment will be authorized by the City with the execution of
a Standard Conttactual Services Agreement. to which this letter will be appended. ERA has
reviewed a draft copy of this agreement and finds it acceptable. except that the language of
Exhibit B will have to be modified to allow more than 20% of the total contract amount to
be paid in one month. ERA understands the entire project will have to be conducted in the
munLh of August, with the fU1a.l memorandum report being submitted art AUgust 29, 1994.
We look forward to being of service again to the City of Dublin in planning for the
rational growth of your community.
Steven E. Spickardt AICP
Vice President
cc Eleanor Tiglao, Senior Associate
, ,
388 Market Street, Suite 1580, 5an Francisco. California 94111 · (415) 956.8152 Telex: 340890 (ECON RES SFO) Fax: (415) 956-5274
Los Angelee · Sal'1 Franol&Qo · San Diego · Chicago · Wsshil'lgton. D.C. · I.ondon
Exhibit A
Page 3 of 3
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EXHIBIT B
PAYMENT SCHEDULE
city shall pay Contractor an amount not to exceed the total sum
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of fifteen thousand dollars
($15,000
) 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:
monthly
but not more often than once a month; and provided further, in no
event shall city pay contractor a sum exceeding 80% of the total
sum due for services pursuant to this Agreement in anyone month;
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
Exhibit B
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sum for any expense or cost whatsoever incurred by contractor in
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rendering services pursuant to this Agreement.
city shall make no payment for any extra, further or
additional service pursuant to thi~-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.
Exhibit B
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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
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EXHIBIT D
GENERAL PROVISIONS
1. INDEPENDENT CONTRACTOR. At al~times during the term of
this Agreement, contractor shall be-an independent contractor and
shall not be an employee of city. city shall have the right to
control contractor only insofar as the results of Contractor's
services rendered pursuant to this Agreement; however, city shall
not have the right to control the means by which Contractor
accomplishes services rendered pursuant to this Agreement.
2. LICENSES; PERMITS; ETC. contractor represents and warrants
to city that he has all licenses, permits, qualifications and
approvals of whatsoever nature which are legally required for
contractor to practice his profession. contractor represents and
warrants to city that contractor shall, at his sole cost and
expense, keep in effect at all times during the term of this
Agreement any licenses, permits, and approvals which are legally
required for Contractor to practice his profession.
3. TIME. Contractor shall devote such time to the performance
of serv~ces pursuant to this Agreement as may be reasonably
necessary for satisfactory performance ~f 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.)
Exhibit D
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2. Insurance services Office form number CA 0001 (Ed.
1/78) covering Automobile Liability, code 1 "any
auto" and endorsement CA 0025.
3. Workers' compensation insurance as required by the
Labor Code of the state of California and
Employers Liability I~surance.
(b) Minimum Limits of Insurance. Contractor shall maintain
limits no less than:
1. General Liability: $1,000,000 combined single
limit per occurrence for bodily injury, personal
injury and property damage. If commercial General
Liability Insurance or other form with a general
aggregate limit is used, either the general
aggregate limit shall apply separately to this
project/location or the general aggregate limit
shall be twice the required occurrence limit.
2. Automobile Liability: $1,000,000 combined single
limit per accident for bodily injury and property
damage.
3. Workers' Compensation and Employers Liability:
Workers' compensation limits as required by the
Labor Code of the state of California and
Employers Liability limits of $1,000,000 per
accident. .
(e) Deductibles and Self-Insured Retentions. Any
deductibles or self-insured retentions must be declared
to and approved by the city. At the option of the
city, either the insurer shall reduce or eliminate such
deductibles or self-insured retentions as respects the
city, its officers, officials and employees; or the
Contractor shall procure a bond guaranteeing payment of
losses and related investigations, claim administration
and defense expenses.
(d) Other Insurance provisions. The policies are to
contain, or be endorsed to contain, the following
provisions:
1. General Liability and Automobile Liability
coverages.
a. The city, its officers, officials, employees
and volunteers are to be covered as insureds
Exhibit D
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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.
Exhibit D
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4. All coverages.
Each insurance policy required by this clause
shall be endorsed to state that coverage shall not
be suspended, voided, cancelled by either party,
reduced in coverage or in limits except after
thirty (30) days' prior written notice by
certified mail, return receipt requested, has been
given to the city.
(e) Acceptabilitv of Insurers. Insurance is to be placed
with insurers with a Bests' rating of no less than
A:VII.
(f) Verification of Coveraqe. contractor shall furnish
city with certificates of insurance and with original
endorsements effecting coverage required by this
clause. The certificates and endorsements for each
insurance policy are to be signed by a person
authorized by that insurer to bind coverage on its
behalf. The certificates and endorsements are to be
received and approved by the city before work
commences. The city reserves the right to require
complete, certified copies of all required insurance
policies, at any time.
(g) subcontractors. contractor shall include all
subcontractors as insureds under its policies or shall
furnish separate certificates and endorsements for each
subcontractor. All coverages for subcontractors shall
be subject to all of the requirements stated herein.
(h) The Risk Manager of city may approve a variation in
those insurance requirements upon a determination that
the coverages, scope, limits and forms of such
insurance are either not commercially available or that
the city's interests are otherwise fully protected.
5. CONTRACTOR NO AGENT. Except as city may specify in writing,
contractor shall have no authority, express or implied, to act on
behalf of city in any capacity whatsoever as an agent.
contractor shall have no authority, express or implied, pursuant
to this Agreement to bind city to any obligation whatsoever.
6. ASSIGNMENT PROHIBITED. No party to this Agreement may
assign any right or obligation pursuant to this Agreement. Any
attempted or purported assignment of any right or obligation
pursuant to this Agreement shall be void and of no effect.
Exhibit D
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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.
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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.
10. GOVERNMENTAL REGULATIONS. To the extent that this Agreement
may be funded by fiscal assistance from another governmental
entity, contractor shall comply with all applicable rules and
regulations to which city is bound by the terms of such fiscal
assistance program.
Exhibit D
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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
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