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HomeMy WebLinkAbout4.05 Amendment to Contracts with Economic & Planning Systems (EPS) and Omni-Means for additional consultant work for the West Dublin BART Specific Plan AreaCITY CLERK File # ❑���-�� AGENDA STATEMENT CITY COUNCIL MEETING DATE: February 6, 2001 SUBJECT: ATTACHMENTS: RECOMMENDATION: 1q; FINANCIAL STATEMENT: DESCRIPTION: Amendment to Contracts with Economic &Planning Systems (EPS) and Omni -Means for Additional Consultant Work for the West Dublin BART Specific Plan Area (Crown Chevrolet & Enea Properties Amendment) Report Prepared by Janet Harbin, Senior Planner 1) Resolution approving contract amendments 2) Standard contracts with modified Scopes of Work 3) Budget Change Form 1) Adopt resolution approving amendment to contracts 2) Authorize City Manager to execute contract amendments 3) Authorize Budget Transfer 4) Approve Budget Change Form This amendment adds $5,000 to the existing contract with EPS and $10,500 to the existing contract with Omni -Means. A $15,500 appropriation will be required from the unappropriated reserve in the General Fund. As part of the 1999-2000 Budget, the City Council provided funding to prepare the three Specific Plans for the downtown planning areas including: Village Parkway, West Dublin BAIT area, and the Downtown Core. At the December 19, 2000 meeting, the City Council instructed staff to evaluate the inclusion of the Enea properties on Amador Plaza Drive in the West Dublin BART Specific Plan area, and the request for new uses and an increased floor -area -ratio (FAR) for the Crown Chevrolet property at the southeast corner of Golden Gate Drive and Dublin Boulevard. Additional economic and traffic analyses are necessary for these land use requests. COST OF SERVICES: The 1999-2000 Budget included $120,242 for consulting service costs associated with the preparation of the three Downtown Specific Plans. All funds have been expended. Staff requested and has received the Scopes of Work (included in Attachment 2) from the economic and traffic consultants for the additional ------------------------------------------------------------------------------------------------------------- COPIES TO: In -House Distribution o�r� ITEM NO. G:\Downtown Specifc Plans\Consultants\CC sr EPS Cont Amend 2.doc evaluation of the land use requests. The cost of the Scope of Work for the economic analysis to be prepared by EPS is $5,000, and the cost for the traffic analysis to be prepared by Omni-Means is $10,500. TIME SCHEDULE FOR AMENDMENT: The Scope of Work submitted by EPS projects that the economic analysis would be completed by February 19, 2001. This data generated by this analysis will serve as a basis for traffic study, which will evaluate different land use scenarios and FAR's and their effects on traffic for the parcels under consideration for change. Omni-Means will then use the market and land use data from the economic analysis to project traffic generation rates and determine appropriate mitigation measures. Based on discussions with Omni-Means, Staff estimates that the traffic consultant will complete this work in late March. With this schedule, the amendment should be submitted to the Planning Commission for review and consideration in May 2001, and to the City Council in June 2001. RECOMMENDATION: Staff recommends that the City Council: 1 ) Adopt the Resolution approving the amendment to the contracts (Attachment 1 ) 2) Authorize City Manager to execute contract amendments (Attachment 2) 3) Authorize a Budget Transfer from unappropriated funds in the amount of $15,500 4) Approve Budget Change Form (Attachment 3) RESOLUTION NO. - 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AMENDMENT TO CONTRACTS WITH ECONOMIC & PLANNING SYSTEMS (EPS) AND OMNI-MEANS WHEREAS, the City Council of the City of Dublin approved a contract for economic consulting services for preparation of the Downtown Specific Plans with Economic & Planning Systems (EPS), and a contract for transportation consulting services for preparation of the Downtown Specific Plans with Omni-Means, on January 19, 2000; and, WHEREAS, the Downtown Specific Plans have been approved and adopted by the City Council of the City of Dublin, and all funds for preparation of the Plans have been expended; and, WHEREAS, the City Council of the City of Dublin directed Staff on December 19, 2000 to process an amendment to the West Dublin BART Specific Plan to evaluate the inclusion of the Enea properties, and the request for new uses and an increased floor-area-ratio (FAR) for the Crown Chevrolet property in the West Dublin BART Specific Plan area; and, WHEREAS, the cost of the additional economic analyses for the amendment to be prepared by EPS is $5,000, and the cost for the additional traffic analysis to be prdpared by Omni-Means is $10,500. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve an amendment to the contracts with EPS and Omni-Means for a total of $15,500 to be allocated as stated above, and to be funded from the unappropriated reserve in the General Fund. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the amendments. PASSED, APPROVED AND ADOPTED this 6th day of February, 2001. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Mayor City Clerk g:XDowntown Spec Plan\Consultants\CC Reso Contract Amendmt.doc ATTACHMENT 1 qo 5 ~/~t ' :-' ' "..~ STANDARD CONTRACTUAL SERVICES AGREEMENT - THIS AGREEMENT is made at Dublin, California, as of ,January 19, 2000 by and between the CITY OF DUBLIN, a municipal corporation ("CITY"), and Omni Means, ("CONTRACTOR"), who agree as ~£ollows: 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 Exhibit B; or, if n6 manner be specified in Exhibit B, then according to the usual and customary procedures and practices which CONTRACTOR uses for billing clients Similar to CITY. 3. FACILITIES AND EOUIPMENT. Except as set forth in Exhibit C, CONTRACTOR shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement. CITY shall furnish to CONTRACTOR only the facilities and equipment listed in Exhibit C according to 'the terms and conditions set forth in Exhibit C. 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 .i 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. NOTICES. Any written notice to CONTRACTOR shall be sent to: Omni Means Atm: George W. Nickelson, P.E. 1901 Olympic Boulevard. Suite 120 Walnut Creek. CA 94596 Attest: Any written notice to CITY shall be sent to: CiW of Dublin Attn: Richard Ambrose P. O. Box 2340 Dublin, CA 94568 Executed as ofthe'day first above stated: City Attorney CITY OF DUBLIN a municipal corporation By ~. , ~ ~ By ~ [ACTOR" ATTACHMENT 2.. omni.means ENGINEERS-PLANNERS EXHIBIT January 26, 2001 Ms. Janet Harbin Associate Planner Community Development Department City of Dublin 100 Civic Plaza Dublin, CA Subject:. Proposal to Prepare Addendura Traffic Impact Analysis for the Dublin Specific Plans: Dear Ms. Harbin: We are pleased to submit this proposal to prepare an addendum traffic impact analysis for the Dublin Specific Plans. This proposal is based on our discussions with you and our recent experience in the project area. Attached is a detailed workscope and a budget summary. The total cost of $10,460 will include any additional data collection, revised analyses, report and anticipated responses to typical City staff questions. Should the City request additional analyses or should it be necessary to attend a public hearing, we would provide you with an estimate of any added costs. I trust that this proposal responds to your needs and ask that you contact me with any questions or comments. If the scope and terms are acceptable, your return of a countersigned copy of this letter will serve as authorization to proceed. // ';rkelson, P.E. Accepted By: Authorized Signature ROSEVILLE 2237 Douglas Boulevard, Suite 1 O0 Roseville, CA 95661 (916) 782-8688 FAX (916) 782-8689 REDDINe 434 Redcliff Drive, Suite D Redcling, CA 96002 (530) 223-6500 FAX (530) 223-9326 VISALIA 720 W. Center Avenue, Suite C Visalia, CA 93291 (559) 734-5895 FAX (559) 734-5899 WALNUT CREEK 1901 Olympic Boulevard, Ste. 120 Walnut Creek, CA 94596 (925) 935-2230 FAX (925) 935~2247 TRAFFIC WORK SCOPE FOR THE PROPOSED ADDENDUM TO THE DUBLIN SPECIFIC PLANS TRAFFIC ISSUES The key traffic issues related to this analysis are expected to include the following: · additional project trip generation; · revised traffic operations impacts at the key intersections; · revised arterial analysis for Dublin Boulevard and Village Parkway; · review of recommended mitigation measures to assure acceptable traffic flows; METHODOLOGY Task 1: Additional project parcels/changes will be identified. It is our understanding that an existing parcel in the West Dublin BART area will be modified and an additional parcel will be added to the overall project description. Task 2: Task 3: Additional daily and peak hour trip generation for the Specific Plan will be identified. Using the same trip generation rates, project trip generation will be calculated for up to two scenarios involving a high density/low density range. These trips will be part of the existing plus future base plus project scenario to establish a new "with project" condition that reflects the new pamel changes. llroject trips will be distributed onto the street network based on previous distributions used for commercial-retail uses. Task 4: Intersection LOS will be re-calculated for all 24 study intersections for the AM and PM peak hours. As with new project trip generation, this will be done for up to two scenarios. Task 5: Arterial analyses will be conducted for Village Parkway and Dublin Boulevard for the new existing plus future base plus project scenario (up to two scenarios). Task 6: Traffic mitigation as a result of the Dublin Specific Plan will be reviewed to assure that recommended measures will be adequate for the revised Specific Plan description. This review will also take into account the recent transportation analysis conducted for the proposed Safeway project located on the northeast quadrant of the Dublin/Amador Plaza intersection. Task 7: Prepare addendum report summarizing new findings and any changes in recommended mkigation measures as a result of the revised Specific Plan project description. EXHIBi'i". STUDY BUDGET Initiate Study/Data Collection: 4 hours traffic engineer III @ 100 Traffic Analysis/Report: 76 hours traffic engineer III @ $100 16 hours traffic II @ $85 8 hours traffic technician @ $65 4 hours project manager @ $145 400 $ 7,600 $ 1,360 $ 520 580 Total Study Cost: = $ 10,460 Traffic Study for the Proposed Specific Plan Addendure Page 2 EXHIBIT C - City Facilities 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 4/1/90 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 fight to control CONTRACTOR only insofar as the results of CONTRACTOR'S services rendered pursuant to this Agreement; however, CITY shall not have the fight 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 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.) 2. Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any autd' and endorsement CA 0025. 3. Workers' Compensation Insurance as required by the Labor Code of the State of California and Employers Liabil!ty Insurance. (b) Minimum Limits of Insurance. CONTRACTOR shall maintain limits no less than: 1. General Liability: $1,000,000 combined single limit per occun'ence 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 ) 4/1/90 (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 insureds 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 shalI 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 limiti 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. 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:VtI. (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 fight 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. Exhibit D (Page 2 of 3) 4/1/90 (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 hissprofession. 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 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. 1 07 GOVERNMENTAL REGULATIONS. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, CONTRACTOR shall comply with all applicable rules and regulations to which CITY is bound by the terms of such fiscal assistance program. 11. DOCUMENTS. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda or other written documents or materials prepared by CONTRACTOR pursuant to this Agreement shall become the property of CITY upon completion of the work to be performed hereunder or upon termination of the Agreement. Exhibit D (Page 3 of 3) '- , ;- STANDARD CONTRACTUAL SERVICES AGREEMENT // · THIS AGREEMENT is made at Dublin, Califomia, as of ,January 19, 2000 by and between the CITY OF DUBLIN, a municipal corporation ("CITY"), and Economic & Planning Systems (EPS), ("CONTRACTOR"), who agree as follows: 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, CONTRACTOR shall provide to CiTY the services described in Exhibit A. CONTRACTOR shall provide said services at the time, place and in the manner specified in Exhibit A. 2. PAYMENT. CITY shall pay CONTRACTOR for.services rendered pursuant to this Agreement at the time and in the manner set' forth in Exhibit B. The payments specified in Exhibit B shall be the only 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 EOUIPMENT. Except as set forth in Exhibit C,' CONTRACTOR shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement. CITY shall furnish to CONTRACTOR only the facilities and equipment listed in Exhibit C according to the terms and conditions set forth in Exhibit C. 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. , NOTICES. Any written notice to CONTRACTOR shall be sent to: Economic & Plannin~ Systems (EPS) Attn: Walter Kieser 1815 Fourth Street. Suite B Berkeley, CA 94710-1910 Any written notice to CITY shall be sent to: City. of Dublin Atm: Richard Ambrose P. O. Box 2340 Dublin, CA 94568 Executed as of the day first above stated: CiL.' CITY OF DUBLIN Attest: a municipal corporation C CI k "CITY" Ap ed asto form: ~JAN-29-2001' 18:45 FROM Janua~ 29, 2001 ECONOM I C & PLRNN I NG SYS. EXHIBIT TO 9258338828--09318 P. 02 Planning Systems Mr; Richard Ambrose City of Dublin lO0 Civic Plaza Subject:, Scope of Work, Amendment to City of DEblin Downtown Specific Plan; EPS W9310 Dea~ Mr. Ambrose: The following letter describes the tasks arui comprises an aFeement to assist the City of Dublin with proposed amendments to the Downtown Spedtic Hans that were recen~y adopted by the City. We will provide the necessary technical assistance, buildin~ upon the work previously completed by Hconomic & PlannlnE Systems, Inc. (Consultant). As I understand the ~ituatlu~t~ tt,e DownLown 5pez-----~ic Plans' Atllell'~te, nt will f~a~Z~ a reViSiOn tO the development database and forecast that was originally prepared ~or the Spedtic Hans by the Consultant. This database and development {orecast provided a basis of analysis d~ing Specific Plan prepamtlor~ most significantly for the traffic impact analysis. Updating the database and forecast will focus upon ~e several properties that are requesSng the Amendment. Once our st~ff consultations and markat review are complete, we will update the database and forecast This information will be submitted to the traffic consultant for the model~rtg efforts. Other technical aspects of the Specific Plans can also be updated as needed. TASK 1: PROJECT INITIATION Consultant will meet with City staff to review the proposed Amendments. Necessary data wiIl be obtained, and methodology and products specified. Any necessary tietailing or chan~es to the proposed tasks or products, schedule,' and coordination with other team members can be specified at this time. This task wiIl be completed by February 2, 2001. TASK 2: UPDATE MARKET ANALYSIS The proposed Amendments suggest a development intensity that lies beyond the range originally envisioned or antldpated in the market analysis, While some market potential for office uses was expected, the market fi~asibility of multi-story office buildings was questioned, This original conclusion will be revisited in view of the Betray, CA ~710-2H5 f~ 510 g~l-~208 fax: 916.(149-20'/0 fax: www.¢ps~.¢o~ 3AN-89-8001 05:23PM TEL)510 841,9208 ID)CITY OF DUBLIN PABE:008 R=98~ la~ttt~ry 29~ 2001 paS~.2 FROM ECONOMIC & PLANNING SYS. TO 19258358628-09510 proposed Amendments and recent market trends The Consultant will interview the Amendment proponents and other zeal estate interests to explore this issue. iRecent land sales and other zeal estate activity w~l also be referenced, The results of this market review w~l be documented in a technical memorandum. This task will be completed By February 14, 2001. TASK 3: UPDATE DEVELOPMENT DATABASE l~OllOwing review of the market review, the Consultant will meet with City staff to discuss the possible range of options for the Amendment. Specifically, a decision will be needed as to the appropriate permitted development intensities on the subject parcels. Once such a d~ision is taken, the Consultant will prepare the appropriate chang6 to the original database and development forecast. A data set will be submitted to the traffic consultant to support the traffic modeling efforts. This task will be completed by February 19, 2001. These tasks will be completed by the Consultant for the City of Dublin on a priority basis, as reflected above. Walter Kieser will serve as Prindpal-in&ge, and Nicole Brown will serve as Project Manager and will complete the market review. The budget for the effort is estimated to be $5,000, assuming 8 hours of Mr. Kieser's time, 24 hours of Ms. Brown's time, 16 hours of Research Assodate time, and 4 hours of Production time. We look forward to assisting you With this project and cOntributing to the revitalizatton and evolution of downtown Dublin. Please indicate approval of this agreement by signing in the space provided below. Sincerely, ECONO~nC & PLANNn'qG SYSrEMS, INC, Managing Principal Approve& Richard Ambrose, City Manager Date Table 1 Budget Estimate Dublin Specific Plans - Economic and Traffic Analysis, and Design Guidelines Economic & Planning Systems, Inc.; ~V9310 Tas k/ EPS Staff Kieser Brown Research Descfi ption Associate Task 1: Project Initiation & Exlsling Condiliens Task 2: Update Market Analysis 2 6 4 12 8 8 Task 3: Update Development Database 2 6 TOTAL HOURS 8 24 Billing Rates (2) $200 $90 TOTAL PROJECT COSTS 16 (1) EPS Billing rates shown are applicable during 2001 and are subject to change periodically. Prod.Staff 4 $50 Staff Cod Subtotal Grand Total $940 $2,500 $i .560 $940 $2,500 $1,560 $5,000 $5,000 m x "r- 20 0 0 Z 0 0 0 H:193fOla,:fmfn~193fOf~dr3 EXHIBIT C - City Facilities 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 4/1/90 EXHIBIT D GENERAL PROVISIONS 1. INDEPENDENT CONTRACTOR. At all times durini the term of this Agreement, CONTRACTOR shall be an independent contractor and shall not be an employee of CITY. CITY shall have the tight 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 A~eement as may 'be reasonably necessary for satisfactory performance of CONTRACTOR'S obligations pursuant to this Agreement. 4. INSURANCE REOUIREMENTS. CONTRACTOR shall procure and maintain for the duration of the contract insurance. against claims for injuries to:persons or damages to property which may arise from or in connection with the performance of the work h~reunder 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 .) 2. Insurance Services Office form number CA 0001 (Ed. 1/78) coveting 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 ) 4/1/90 (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 Liabi!ity Coverages. a. The CITY, its offigers, officials, employees and volunteers are to be covered as insureds 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. 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 b~fore 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. Exhibit D (Page 2 of 3) 4/1/90 Oa) 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 Ageement to bind CITY to any obligation whatsoever. 6. ASSIGNMENT PROHIBITED. No party to this Agreement may assign any fight 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 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 Contractor' s negligent 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. 11. DOCUMENTS. All reports, dam, 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 A~eement. Exhibit D (Page 3 of 3) CITY OF DUBLIN BUDGET .CHANGE FORM CHANGE FORM # New Appropriations (City Council Approval Required): Budget Transfers: X__ From Unappropriated Reserves From New Revenues DECREASE BU!}GE'F ACCOUNT Name: AMOUNT From Budgeted Contingent Reserve (1080-799.000) Within Same Department Activity Between Departments (City Council Approval Required) Other INCREASF BUDGFT ACCOUNT AMOUNT Name: General Fund - Downtown Specific $15,500.00 Plan Amendment - Professional Services Account #: Name: Account #: 001.90100.741.000 Name: Account #: Name: Account #: Name: Account #: Name: Account #: Name: Account #: Name: Account #: Name: Account #: Fin Mgr/ASD: REASON FOR BUDGET CHANGE ENTRY: Account #: Signature Date: City Manager: Mayor: Posted By: formslbudgchng Signature As Approved at the City Council Meeting on: Signature Signature Date: Date: Date: Date: ATTACHMENT k.5