HomeMy WebLinkAboutItem 4.11 Dublin Crossing Study
STAFF REPORT CITY CLERK
File #600-30
CITY COUNCIL
DATE:July 17, 2012
TO:
Honorable Mayor and City Councilmembers
FROM:
Joni Pattillo, City Manager
SUBJECT:
Agreement for Fiscal Impact Study of Dublin Crossings Project
Prepared by Linda Smith, Economic Development Director and Public Information
Officer
EXECUTIVE SUMMARY:
As part of the review for the proposed Dublin Crossings project, a fiscal impact study will be
required to complete the project’s specific plan. Staff recommends that Keyser Marston
Associates, Inc. conduct the fiscal impact analysis of the proposed project.
FINANCIAL IMPACT:
Funding for this Agreement, which is not to exceed $38,300, will come from developer
processing payments. The Fiscal Year 2012-2013 Planning appropriations included this task as
part of the adopted Fiscal Year 2012-2013 budget.
RECOMMENDATION:
Staff recommends that the City Council adopt a Resolution approving the Consultant Services
Agreement with Keyser Marston Associates, Inc. for the Fiscal Impact Study for Dublin
Crossings.
Submitted By Reviewed By
Economic Development Director Assistant City Manager
DESCRIPTION:
Suncal, the developer of the Dublin Crossings project, is in the process of developing a specific
plan for the approximately 180-acre area of Camp Parks that fronts along Dublin Blvd. between
the Iron Horse Trail and Arnold Road. A financing plan will be included in the specific plan that
will, among other things, review the fiscal impacts of the proposed project to determine whether
it is financially neutral or positive to the City.
Staff recommends that Keyser Marston Associates, Inc. be retained to prepare the fiscal impact
study of the Dublin Crossings project. Keyser Marston Associates has extensive experience in
ITEM NO. 4.11
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conducting such fiscal studies and has been working with the City for several years as part of
the Downtown Specific Plan process.
Staff has prepared a proposed resolution approving a Consultant Services Agreement with
Keyser Marston Associates, Inc. (Attachment 1). Under the Agreement (Exhibit A to Attachment
1), Keyser Marston will generate an estimate of annual General Fund revenues that will result
from the project at the completion of each phase as well as at build out. Additionally, Keyser
Marston will estimate the annual General Fund service costs relating to the maintenance and
operations of public infrastructure, general City services, as well as police and fire protection
costs in this specific plan area.
Staff anticipates the work by Keyser Marston to begin once a draft land use plan is finalized
sometime in fall 2012.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
Not applicable
ATTACHMENTS:
1. Proposed Resolution
2. Agreement for Dublin Crossings Fiscal Impact Study
3. Exhibit A to Attachment 1 - Scope of Work
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RESOLUTION NO. -12
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
APPROVING AN AGREEMENT WITH KEYSER MARSTON ASSOCIATES, INC.
FOR THE DUBLIN CROSSINGS FISCAL IMPACT STUDY
WHEREAS
, the City is developing a specific plan for the Dublin Crossings project, an
approximate 180-acre area of Camp Parks that is part of a land exchange agreement between the
Department of the Army and Suncal Corporation; and
WHEREAS
, the specific plan will include a financing plan chapter to address the anticipated fiscal
impacts of the proposed project to determine whether the project is financially neutral or positive to the
City; and
WHEREAS
, the City is requiring the preparation of a fiscal impact study, to be paid for by the
project applicant, Suncal, to assist the City in the fiscal analysis; and
WHEREAS
, the City received a proposed scope of work from Keyser Marston Associates to
conduct the fiscal impact study; and
WHEREAS
, Keyser Marston Associates has extensive experience in working with municipalities
on fiscal impact studies; and
WHEREAS
, Keyser Marston Associates has successfully worked with the City of Dublin on past
projects, including the market analysis for recently approved Downtown Dublin Specific Plan.
NOW, THEREFORE BE IT RESOLVED
that the City Council of the City of Dublin does hereby
approve the agreementwith Keyser Marston Associates, Inc. for the Dublin Crossings Fiscal Impact
Study and authorize the City Manager to execute the Agreement substantially in the form provided to the
City Council with such modifications as may be approved by the City Manager in consultation with the
City Attorney.
th
PASSED, APPROVED AND ADOPTED
this 17 day of July, 2012, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________________
Mayor
ATTEST:
______________________________________
City Clerk
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CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
KEYSER MARSTON ASSOCIATES, INC.
THIS AGREEMENT for consulting services is made by and between the City of Dublin (“City”) and
Keyser Marston Associates, Inc. (“Consultant”) as of ___________________, 20__.
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant
shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and
place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms
of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the date first noted above
and shall end upon submission of a Final Report by Consultant, as specified in Exhibit A.
The initiation of service will ultimately be determined by the submittal of a final land plan by
Suncal, project applicant for Dublin Crossings. Consultant shall complete the work
described in Exhibit A, unless the term of the Agreement is otherwise terminated or
extended, as provided for in Section 8. The time provided to Consultant to complete the
services required by this Agreement shall not affect the City’s right to terminate the
Agreement, as provided for in Section 8.
1.2 Standard of Performance. Consultant 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 Consultant is engaged in the geographical area in
which Consultant practices its profession. Consultant shall prepare all work products
required by this Agreement in a substantial, first-class manner and shall conform to the
standards of quality normally observed by a person practicing in Consultant's profession.
1.3 Assignment of Personnel. Consultant 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 reassignment of any such persons,
Consultant shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance
provided in Section 1.1 above and to satisfy Consultant’s obligations hereunder.
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed Thirty Eight
Thousand Three Hundred Dollars ($38,300), notwithstanding any contrary indications that may be
contained in Consultant’s proposal, for services to be performed and reimbursable costs incurred under this
Agreement. In the event of a conflict between this Agreement and Consultant’s proposal, attached as
Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant
for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The
payments specified below shall be the only payments from City to Consultant for services rendered
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pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein.
Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by
more than one person.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this
Agreement is based upon Consultant’s estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the
term of this Agreement, based on the cost for services performed and reimbursable costs
incurred prior to the invoice date. Invoices shall contain the following information:
Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice,
etc.;
The beginning and ending dates of the billing period;
A Task Summary containing the original contract amount, the amount of prior
billings, the total due this period, the balance available under the Agreement, and
the percentage of completion;
At City’s option, for each work item in each task, a copy of the applicable time
entries or time sheets shall be submitted showing the name of the person doing
the work, the hours spent by each person, a brief description of the work, and
each reimbursable expense;
The total number of hours of work performed under the Agreement by Consultant
and each employee, agent, and subcontractor of Consultant performing services
hereunder, as well as a separate notice when the total number of hours of work by
Consultant and any individual employee, agent, or subcontractor of Consultant
reaches or exceeds 800 hours, which shall include an estimate of the time
necessary to complete the work described in Exhibit A;
The Consultant’s signature.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have 30 days from the receipt of an invoice that complies with all of the requirements
above to pay Consultant.
2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this
Agreement within sixty (60) days after completion of the services and submittal to City of a
final invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to
this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
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incurred by Consultant in rendering services pursuant to this Agreement. City shall make
no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for the entire Agreement,
unless the Agreement is modified prior to the submission of such an invoice by a properly
executed change order or amendment.
2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed
the amounts shown on the following fee schedule:
2.6 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.7 Payment upon Termination. In the event that the City or Consultant terminates this
Agreement pursuant to Section 8, the City shall compensate the Consultant for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed as
of the date of written notice of termination. Consultant shall maintain adequate logs and
timesheets in order to verify costs incurred to that date.
2.8 Authorization to Perform Services. The Consultant is not authorized to perform any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole
cost and expense, provide all facilities and equipment that may be necessary to perform the services
required by this Agreement. City shall make available to Consultant only the facilities and equipment listed
in this section, and only under the terms and conditions set forth herein.
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be
reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and
the information in possession of the City. The location, quantity, and time of furnishing those facilities shall
be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve
incurring any direct expense, including but not limited to computer, long-distance telephone or other
communication charges, vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement,
Consultant, at its own cost and expense, shall procure "occurrence coverage" insurance against claims for
injuries to persons or damages to property that may arise from or in connection with the performance of the
work hereunder by the Consultant and its agents, representatives, employees, and subcontractors.
Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this
section and under forms of insurance satisfactory in all respects to the City. Consultant shall maintain the
insurance policies required by this section throughout the term of this Agreement. The cost of such
insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to
commence work on any subcontract until Consultant has obtained all insurance required herein for the
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subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be
submitted and made part of this Agreement prior to execution.
4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain
Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any
and all persons employed directly or indirectly by Consultant. The Statutory Workers’
Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of
not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative,
Consultant may rely on a self-insurance program to meet those requirements, but only if
the program of self-insurance complies fully with the provisions of the California Labor
Code. Determination of whether a self-insurance program meets the standards of the
Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if
insurance is provided, or the Consultant, if a program of self-insurance is provided, shall
waive all rights of subrogation against the City and its officers, officials, employees, and
volunteers for loss arising from work performed under this Agreement.
An endorsement shall state that coverage shall not be canceled except after thirty (30)
days' prior written notice by certified mail, return receipt requested, has been given to the
City. Consultant shall notify City within 14 days of notification from Consultant’s insurer if
such coverage is suspended, voided or reduced in coverage or in limits.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain
commercial general and automobile liability insurance for the term of this
Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00)
per occurrence, combined single limit coverage for risks associated with the work
contemplated by this Agreement. If a Commercial General Liability Insurance or an
Automobile Liability form or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to the work to be
performed under this Agreement or the general aggregate limit shall be at least
twice the required occurrence limit. Such coverage shall include but shall not be
limited to, protection against claims arising from bodily and personal injury,
including death resulting therefrom, and damage to property resulting from
activities contemplated under this Agreement, including the use of owned and non-
owned automobiles.
4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form
CG 0001 (ed. 11/88) or 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.
Automobile coverage shall be at least as broad as Insurance Services Office
Automobile Liability form CA 0001 (ed. 12/90) Code 8 and 9 (“any auto”). No
endorsement shall be attached limiting the coverage.
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4.2.3 Additional requirements. Each of the following shall be included in the
insurance coverage or added as an endorsement to the policy:
a. City and its officers, employees, agents, and volunteers shall be covered
as additional insureds with respect to each of the following: liability arising
out of activities performed by or on behalf of Consultant, including the
insured’s general supervision of Consultant; products and completed
operations of Consultant; premises owned, occupied, or used by
Consultant; and automobiles owned, leased, or used by the Consultant.
The coverage shall contain no special limitations on the scope of
protection afforded to City or its officers, employees, agents, or
volunteers.
b. The insurance shall cover on an occurrence or an accident basis, and not
on a claims-made basis.
c. An endorsement must state that coverage is primary insurance with
respect to the City and its officers, officials, employees and volunteers,
and that no insurance or self-insurance maintained by the City shall be
called upon to contribute to a loss under the coverage.
d. Any failure of CONSULTANT to comply with reporting provisions of the
policy shall not affect coverage provided to CITY and its officers,
employees, agents, and volunteers.
e. An endorsement shall state that coverage shall not be canceled except
after thirty (30) days' prior written notice by certified mail, return receipt
requested, has been given to the City. Consultant shall notify City within
14 days of notification from Consultant’s insurer if such coverage is
suspended, voided or reduced in coverage or in limits.
4.3 Professional Liability Insurance. Consultant, at its own cost and expense, shall
maintain for the period covered by this Agreement professional liability insurance for
licensed professionals performing work pursuant to this Agreement in an amount not less
than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors
and omissions.
4.3.1 Any deductible or self-insured retention shall not exceed $150,000 per claim.
4.3.2 An endorsement shall 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.
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4.3.3 The policy must contain a cross liability or severability of interest clause.
4.3.4 The following provisions shall apply if the professional liability coverages are
written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the
date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be
provided for at least five years after completion of the Agreement or the
work, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another
claims-made policy form with a retroactive date that precedes the date of
this Agreement, Consultant must provide extended reporting coverage for
a minimum of five years after completion of the Agreement or the work.
The City shall have the right to exercise, at the Consultant’s sole cost and
expense, any extended reporting provisions of the policy, if the Consultant
cancels or does not renew the coverage.
d. A copy of the claim reporting requirements must be submitted to the City
prior to the commencement of any work under this Agreement.
4.4 All Policies Requirements.
4.4.1 Acceptability of insurers. All insurance required by this section is to be placed
with insurers with a Bests' rating of no less than A:VII.
4.4.2 Verification of coverage. Prior to beginning any work under this Agreement,
Consultant shall furnish City with certificates of insurance and with original
endorsements effecting coverage required herein. 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 City reserves the right to
require complete, certified copies of all required insurance policies, at any time.
4.4.3 Subcontractors. Consultant 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.
4.4.4 Variation. The City may approve a variation in the foregoing 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.
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4.4.5 Deductibles and Self-Insured Retentions. Consultant shall disclose to and
obtain the approval of City for the self-insured retentions and deductibles before
beginning any of the services or work called for by any term of this Agreement.
During the period covered by this Agreement, only upon the prior express written
authorization of Contract Administrator, Consultant may increase such deductibles
or self-insured retentions with respect to City, its officers, employees, agents, and
volunteers. The Contract Administrator may condition approval of an increase in
deductible or self-insured retention levels with a requirement that Consultant
procure a bond, guaranteeing payment of losses and related investigations, claim
administration, and defense expenses that is satisfactory in all respects to each of
them.
4.4.6 Notice of Reduction in Coverage. In the event that any coverage required by
this section is reduced, limited, or materially affected in any other manner,
Consultant shall provide written notice to City at Consultant’s earliest possible
opportunity and in no case later than five days after Consultant is notified of the
change in coverage.
4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide
or maintain any insurance policies or policy endorsements to the extent and within the time
herein required, City may, at its sole option exercise any of the following remedies, which
are alternatives to other remedies City may have and are not the exclusive remedy for
Consultant’s breach:
Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
Order Consultant to stop work under this Agreement or withhold any payment that
becomes due to Consultant hereunder, or both stop work and withhold any payment,
until Consultant demonstrates compliance with the requirements hereof; and/or
Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. Consultant shall
indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers,
employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions,
damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to
property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole
or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees,
subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character
of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage
to property, or violation of law arises wholly from the negligence or willful misconduct of the City or its
officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees,
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subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or
violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the
duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance
certificates and endorsements required under this Agreement does not relieve Consultant from liability
under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall
apply to any damages or claims for damages whether or not such insurance policies shall have been
determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the
provisions of this Section and that it is a material element of consideration.
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services
under this Agreement is determined by a court of competent jurisdiction or the California Public Employees
Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions
for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the
payment of any penalties and interest on such contributions, which would otherwise be the responsibility of
City.
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall
be an independent contractor and shall not be an employee of City. City shall have the
right to control Consultant only insofar as the results of Consultant's services rendered
pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3;
however, otherwise City shall not have the right to control the means by which Consultant
accomplishes services rendered pursuant to this Agreement. Notwithstanding any other
City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant
and any of its employees, agents, and subcontractors providing services under this
Agreement shall not qualify for or become entitled to, and hereby agree to waive any and
all claims to, any compensation, benefit, or any incident of employment by City, including
but not limited to eligibility to enroll in the California Public Employees Retirement System
(PERS) as an employee of City and entitlement to any contribution to be paid by City for
employer contributions and/or employee contributions for PERS benefits.
6.2 Consultant No Agent. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Consultant shall have no authority, express or implied, pursuant to this Agreement
to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with
all laws applicable to the performance of the work hereunder.
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7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Consultant and any subcontractors
shall comply with all applicable rules and regulations to which City is bound by the terms of
such fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and
its employees, agents, and any subcontractors have all licenses, permits, qualifications,
and approvals of whatsoever nature that are legally required to practice their respective
professions. Consultant represents and warrants to City that Consultant and its
employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect
at all times during the term of this Agreement any licenses, permits, and approvals that are
legally required to practice their respective professions. In addition to the foregoing,
Consultant and any subcontractors shall obtain and maintain during the term of this
Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the
basis of a person’s race, religion, color, national origin, age, physical or mental handicap or
disability, medical condition, marital status, sex, or sexual orientation, against any
employee, applicant for employment, subcontractor, bidder for a subcontract, or participant
in, recipient of, or applicant for any services or programs provided by Consultant under this
Agreement. Consultant shall comply with all applicable federal, state, and local laws,
policies, rules, and requirements related to equal opportunity and nondiscrimination in
employment, contracting, and the provision of any services that are the subject of this
Agreement, including but not limited to the satisfaction of any positive obligations required
of Consultant thereby.
Consultant shall include the provisions of this Subsection in any subcontract approved by
the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written
notification to Consultant.
Consultant may cancel this Agreement upon thirty (30) days’ written notice to City and
shall include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for services
performed to the effective date of termination; City, however, may condition payment of
such compensation upon Consultant delivering to City any or all documents, photographs,
computer software, video and audio tapes, and other materials provided to Consultant or
prepared by or for Consultant or the City in connection with this Agreement.
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8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this
Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a
written amendment to this Agreement, as provided for herein. Consultant understands and
agrees that, if City grants such an extension, City shall have no obligation to provide
Consultant with compensation beyond the maximum amount provided for in this
Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no
obligation to reimburse Consultant for any otherwise reimbursable expenses incurred
during the extension period.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the
parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a
determination of Consultant’s unique personal competence, experience, and specialized
personal knowledge. Moreover, a substantial inducement to City for entering into this
Agreement was and is the professional reputation and competence of Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator. Consultant shall not subcontract any portion of the
performance contemplated and provided for herein, other than to the subcontractors noted
in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between City and Consultant shall survive
the termination of this Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms
of this Agreement, City’s remedies shall included, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any
other work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not
finished by Consultant; or
8.6.4 Charge Consultant the difference between the cost to complete the work
described in Exhibit A that is unfinished at the time of breach and the amount that
City would have paid Consultant pursuant to Section 2 if Consultant had
completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
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9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications,
records, files, or any other documents or materials, in electronic or any other form, that
Consultant prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder, with the exception of Consultant’s proprietary computer models, shall
be the property of the City. Consultant hereby agrees to deliver those documents to the
City upon termination of the Agreement. It is understood and agreed that the documents
and other materials, including but not limited to those described above, prepared pursuant
to this Agreement are prepared specifically for the City and are not necessarily suitable for
any future or other use. City and Consultant agree that, until final approval by City, all
data, plans, specifications, reports and other documents are confidential and will not be
released to third parties without prior written consent of both parties.
9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books
of account, invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for services or expenditures and disbursements charged
to the City under this Agreement for a minimum of three (3) years, or for any longer period
required by law, from the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this
Agreement requires Consultant to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of
the City. Under California Government Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the
Agreement shall be subject to the examination and audit of the State Auditor, at the
request of City or as part of any audit of the City, for a period of three (3) years after final
payment under the Agreement.
Section 10 MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for
declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing
party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which
that party may be entitled. The court may set such fees in the same action or in a
separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this
Agreement, the parties agree that trial of such action shall be vested exclusively in the
state courts of California in the County of Alameda or in the United States District Court for
the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so
adjudged shall remain in full force and effect. The invalidity in whole or in part of any
Consulting Services Agreement between July 2012
City of Dublin and Keyser Marston Associates Page 11 of 14
provision of this Agreement shall not void or affect the validity of any other provision of this
Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this
Agreement does not constitute a waiver of any other breach of that term or any other term
of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written
studies and other printed material on recycled paper to the extent it is available at equal or
less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within
the corporate limits of City or whose business, regardless of location, would place
Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act,
codified at California Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this
Agreement. No officer or employee of City shall have any financial interest in this
Agreement that would violate California Government Code Sections 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12)
months, an employee, agent, appointee, or official of the City. If Consultant was an
employee, agent, appointee, or official of the City in the previous twelve months,
Consultant warrants that it did not participate in any manner in the forming of this
Agreement. Consultant understands that, if this Agreement is made in violation of
Government Code §1090 et.seq., the entire Agreement is void and Consultant will not be
entitled to any compensation for services performed pursuant to this Agreement, including
reimbursement of expenses, and Consultant will be required to reimburse the City for any
sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it
may be subject to criminal prosecution for a violation of Government Code § 1090 and, if
applicable, will be disqualified from holding public office in the State of California.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or
interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by Linda Smith,
Economic Development Director ("Contract Administrator"). All correspondence shall be
directed to or through the Contract Administrator or his or her designee.
10.10 Notices. Any written notice to Consultant shall be sent to:
Debbie Kern, Senior Principal
Keyser Marston Associates, Inc.
Consulting Services Agreement between July 2012
City of Dublin and Keyser Marston Associates Page 12 of 14
55 Pacific Avenue Mall
San Francisco, CA 9411
Any written notice to City shall be sent to:
Linda Smith, Economic Development Director
City of Dublin
100 Civic Plaza
Dublin, CA 94568
10.11 Professional Seal. Where applicable in the determination of the contract administrator,
the first page of a technical report, first page of design specifications, and each page of
construction drawings shall be stamped/sealed and signed by the licensed professional
responsible for the report/design preparation. The stamp/seal shall be in a block entitled
"Seal and Signature of Registered Professional with report/design responsibility," as in the
following example.
_________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.
10.12 Integration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibit A, represents the entire and integrated agreement between
City and Consultant and supersedes all prior negotiations, representations, or agreements,
either written or oral.
CITY OF DUBLIN CONSULTANT
KEYSER MARSTON ASSOCIATES, INC.
____________________________ ______________________________
Joni Pattillo, City Manager Debbie Kern, Senior Principal
Attest:
____________________________
Caroline Soto, City Clerk
Approved as to Form:
Consulting Services Agreement between July 2012
City of Dublin and Keyser Marston Associates Page 13 of 14
____________________________
John Bakker, City Attorney
J:\wpd\Mnrsw\114\001\Forms\standard consultant services agreement.doc
Consulting Services Agreement between July 2012
City of Dublin and Keyser Marston Associates Page 14 of 14
EXHIBIT A
SCOPE OF SERVICES
.
J:\wpd\Mnrsw\114\001\Forms\standard consultant services agreement.doc
Consulting Services Agreement between [DATE]
City of Dublin and ______________--Exhibit A Page 1 of 1
EXHIBIT B
COMPENSATION SCHEDULE
J:\wpd\Mnrsw\114\001\Forms\standard consultant services agreement.doc
Consulting Services Agreement between [DATE]
City of Dublin and ______________--Exhibit B Page 1 of 1
May 30, 2012
Linda Smith Maurer
Economic Development Director
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Re:Proposed Work Scope re: Fiscal Impact Study for Dublin Crossi
Dear Linda:
Per your request, Keyser Marston Associates, Inc. (KMA) is pleas
proposed scope of work to prepare a fiscal impact study for the
Crossings project. It is our understanding that Dublin Crossings
1,600 homes andapproximately 300,000 square feet of commercial (
usesona180+-acre portion of Camp Parks. The purposeof thefiscal
to estimate the annual recurring fiscal impacts of the proposed
Dublin.
The fiscal impact analysis willevaluate the recurring impacts of
development and upon the completion of the entire Project. The e
service costs will be based on the application of both the Ðmarg
the Ðaverage cost approachÑ, as appropriate. KMA will meet with
the CityÓs services,budget, and revenue base. We will collaborat
the approach for determining each cost and revenue factor and to
data.
Scope of Work
KMA proposes to undertake the following tasks for this assignmen
Task 1:Project Initiation, Refinement, and Finalization of Data
We propose to have an initial meeting with City staff to reaffir
for the analysis, refine the studyÓs approach and work plan. We
discuss the CityÓs services, budget, and revenue base. Shortly a
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Linda Smith MaurerMay 30, 2012
City of DublinPage 2
meeting, KMA will submit a final list of the information that we
to complete the fiscal analysis.
Task 2: Estimate Annual General Fund Revenues
Using the program and valuation informationmentioned above,KMA w
estimate the grossannual tax revenues that will accrueto the Cit
Fund to be generated by the Project upon:1) the completion of ea
and 2) full build-out. Key revenue sources are anticipated to co
following:
Property taxes;
Property taxes in-lieu of motor vehicle fees;
Retail sales and use taxes;
Other applicable revenue sources, such as utility user fees, fin
forfeitures, etc.
Other revenues will be determined based on a review of the CityÓ
budget.
Task 3: Estimate Annual General Fund Service Costs
The second focus of the analysis is the assessment of annual Gen
operating and maintenance costs related to providing services su
andfire protection(depending on theCityÓscontractual arrangement
Alameda CountySheriffÓsandFire Departments), roadway/public infr
maintenance, and general City services. Cost estimates will be
each phase and the full build-out of the Project.
KMA will meet with theCityÓs police and public works departments
any special service requirements of the proposed Project. Tradit
is a very important source of information regarding the ProjectÓ
traffic improvements, fire equipment, etc. that will need to be
Depending on the timing of the EIR, it would be very useful if a
traffic and public infrastructure impact information is availabl
fiscal impact analysis.
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Linda Smith MaurerMay 30, 2012
City of DublinPage 3
The major steps or tasks to identify costs are:
1.Prepare a set of basic cost factors derived from the CityÓs bu
2.Meet with representatives from the CityÓs police, finance, and
works departments to discuss the CityÓs service standards, the r
and cost estimates derived from the budget, additional data need
any modifications that are needed to reflect the specific servic
requirements of the Project;
3.Prepare an estimate of recurring service costs to the City to
generated by the Project.
The cost to provide serviceswill be estimated through a combinat
public safetycall records(depending on the CityÓs contractual
arrangement with the Alameda County SheriffÓs and Fire Departmen
discussions with City departments, and general cost factors for
such as general City government.
Task 4: Prepare Analyses of Net General Fund Revenues and Costs
KMA will combine the revenue and cost estimates into a consolida
of net impacts on the CityÓs General Fund for each phase and the
of theProject.Additionally, the net impacts of the residential u
evaluated separately from the impacts of the commercial uses.
Product:Draft technical memorandum, featuring graphics and tables. Upon
completion of all tasks, the memorandum will be incorporated int
Task 5:Final Report
Upon receiving staff comments on the Draft Report,KMA will revis
analysesand prepare a Final Report.
Budget and Schedule
KMA proposes to undertake the services described above on a time
with a total Ðnot to exceedÑ budget estimate of $38,300. The est
as follows:
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Linda Smith MaurerMay 30, 2012
City of DublinPage 4
Not to
KMA Hours
Exceed
SeniorSenior
Admin.
Amount
PrincipalAssociate
Billing Rate$270.00$187.50$80.00
Input Budget/ Review
1015$5,513
Task 1
Background Documents
Prepare Revenue Projections$5,910
Task 2820
Task 3 Prepare Cost Projections 1030$8,325
Project Net Impacts (by Phase
$5,910
Task 4820
and by Land Use)
Prepare Draft and Final Report$9,058
Task 515254
Task 6 Meetings (2 staff and 1public)960$3,555
Total(rounded)601164$38,300
Note: "Not to Exceed Amount" appliesto the total amount of $38,
estimates
KMA will provide a draft analysis for your review within 30 days
requested program information as well as information regarding i
maintained by the city. A final report will be provided within
comments on the draft report.
Data Needs
The fiscal impact analysis relies upon a series of inputs regard
program and the real estate market, such as:
Development Program Inputs
Mix of residential product types and unit sizes;
Format and square footage of retail and office uses;
Types and amounts of other land uses such as park and recreation
Phasing Plan
Market Inputs
Values for each of the residential product types in the Project;
Absorption rates for each of the residential product types;
Level of market support for retail and office uses in the Projec
Sales volumes for the retail uses;
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Linda Smith MaurerMay 30, 2012
City of DublinPage 5
Shortly after the kick-off meeting, KMA will submit a final list
will need in order to complete the fiscal analysis. It is assum
(SunCal) will provide their development program assumptions. Reg
inputs, per your request KMA has prepared a separate work scope
either (1) KMA would undertake the market assessment on behalf o
would undertake a peer review of a market assessment prepared by
Thank you for requesting this proposal letter. Please let meknow
or would like to discuss further.
Sincerely,
KEYSER MARSTON ASSOCIATES, INC.
Debbie M. Kern
900b-1206;
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