Loading...
HomeMy WebLinkAboutContracts & Agreements_159-2015_CCv0001.pdf AGREEMENT TO PERFORM PROFESSIONAL SERVICES This agreement for the provision of services associated with a development impact fee study for open space and parks, transportation improvements, storm drain facilities and public facilities ("Agreement") is made and entered in this I 01 day of August, 2015 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City)" and David Taussig & Associates, Inc. ("Consultant"). City and Consultant are sometimes individually referred to herein as a "Party" and, together, as the "Parties." In consideration of the mutual promises contained herein, City and Consultant agree as follows. ARTICLE 1 —ENGAGEMENT OF CONSULTANT 1.1 City hereby engages Consultant to perform a development impact fee study for open space and parks, transportation improvements, storm drain facilities and public facilities for City's Municipal Utilities and Engineering Department(the "Services"). 1.2 The Services shall be performed by Consultant in a professional manner, and Consultant represents that it has the skill and the professional expertise necessary to provide the Services to City at a level of competency presently maintained by other practicing professional consultants in the industry providing like and similar types of Services. ARTICLE 2—SERVICES OF CONSULTANT 2.1 The Services that Consultant shall perform are more particularly described in Exhibit "A," entitled "Scope of Services," which is attached hereto and incorporated herein by reference. 2.2 Consultant shall comply with applicable federal, state and local laws and regulations in the performance of this Agreement including, but not limited to State prevailing wage laws. ARTICLE 3 —RESPONSIBILITIES OF CITY 3.1 City shall make available to Consultant information in its possession that may assist Consultant in performing the Services. 3.2 City designates Chris Diggs, Municipal Utilities and Engineering Director, as City's representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information, interpret and define City's policies and decisions with respect to performance of the Services. ARTICLE 4—PERFORMANCE OF SERVICES 4.1 Consultant shall perform and complete the Services in a prompt and diligent manner in accordance with the schedule set forth in Exhibit"B," entitled "Project Schedule," which H:Wy DocumentsTROJECTSIPW DIF report120I SWaussig Agreement DIF Studi 2015 6 12 15(from Dan).doc is attached hereto and incorporated herein by reference. The Services shall commence within ten(10) days of the Effective Date of this Agreement. 4.2 If Consultant's Services include deliverable electronic visual presentation materials, such materials shall be delivered in a form, and made available to the City, consistent with City Council adopted policy for the same. It shall be the obligation of Consultant to obtain a copy of such policy from City Staff. ARTICLE 5—PAYMENTS TO CONSULTANT 5.1 The total compensation for Consultant's performance of the Services shall not exceed the amount Thirty Eight Thousand Five Hundred Dollars ($38,500.00). City shall pay Consultant on a time and materials basis up to the not to exceed amount, in accordance with Exhibit "C" entitled "Project Costs and Hourly Rates." Exhibit "C" is attached hereto and incorporated herein by this reference. 5.2 Consultant shall submit monthly invoices to City describing the Services performed during the preceding month. Consultant's invoices shall include a brief description of the Services performed,the dates the Services were performed,the number of hours spent and by whom, and a description of reimbursable expenses related to the project. City shall pay Consultant no later than thirty (30) days after receipt and approval by City of Consultant's invoice. 5.3 Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date of delivery in person; (ii) five (5) days after deposit in first class registered mail, with return receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or (iv) on the date sent by facsimile, if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail; in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a Party may provide notice in accordance with this section: CCt Consultant Chris Diggs, MUED Director Andrea Roess,Managing Director City of Redlands David Taussig &Associates, Inc. 35 Cajon Street, Suite 15A 5000 Birch Street, Suite 6000 PO. Box 3005 (mailing) Newport Beach, CA 92660 Redlands,CA 92373 ARTICLE 6— INSURANCE AND INDEMNIFICATION 6.1 Insurance required by this Agreement shall be maintained by Consultant for the duration of its performance of the Services. Consultant shall not perform any Services unless and until the required insurance listed below is obtained by Consultant. Consultant shall provide City with certificates of insurance and endorsements evidencing such insurance prior to commencement of the Services. Insurance policies shall include a provision H:\My Documents\PRDJECTS\PW D[F report\2015\Taussig Agreement DIF Studp2015 6 12 15(from Dan).doc prohibiting cancellation or modification of the policy except upon thirty (30) days prior written notice to City. 6.2 Workers' Compensation and Employer's Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to City, or certification to City that Consultant is self-insured or exempt from the workers' compensation laws of the State of California. Consultant shall provide City with Exhibit "D," entitled "Workers' Compensation Insurance Certification," which is attached hereto and incorporated herein by this reference prior to occupancy of the Premises. 6.3 Consultant shall secure and maintain comprehensive general liability insurance with carriers acceptable to City. Minimum coverage of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate for public liability, property damage and personal injury is required. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City. 6.4 Consultant shall secure and maintain professional liability insurance throughout the term of this Agreement in the amount of One Million Dollars ($1,000,000) per claim made, 6.5 Consultant shall have business auto liability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit bodily injury liability and property damage liability. This coverage shall include all Consultant owned vehicles used in connection with Consultant's provision of the Services, hired and non-owned vehicles, and employee non-ownership vehicles. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self insurance maintained by City. 6.6 Consultant shall defend, indemnify and hold harmless City and its elected officials, employees and agents from and against any and all claims, losses or liability, including attorneys' fees, arising from injury or death to persons or damage to property occasioned by any negligent act or omission by, or the willful misconduct of, Consultant, or its officers, employees and agents in performing the Services. ARTICLE 7—CONFLICTS OF INTEREST 7.1 Consultant covenants and represents that it does not have any investment or interest in any real property that may be the subject of this Agreement or any other source of income, interest in real property or investment that would be affected in any manner or degree by the performance of Consultant's Services. Consultant further covenants and represents that in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement. 7.2 Consultant agrees it is not a designated employee within the meaning of the Political Reform Act because Consultant: HAMy DocunientsNPROJECTSIPW DIF report120151Taussig Agreement DIF Stud32015 612 15(from Dan).doc A. Does not make a governmental decision whether to: (i) approve a rate, rule or regulation,or adopt or enforce a City law; (ii) issue, deny, suspend or revoke any City permit, license, application, certification, approval, order or similar authorization or entitlement; (iii) authorize the City to enter into, modify or renew a contract; (iv) grant City approval to a contract that requires City approval and to which City is a party,or to the specifications for such a contract; (v) grant City approval to a plan, design, report, study or similar item; (vi) adopt or grant City approval of, policies, standards or guidelines for City or for any subdivision thereof B. Does not serve in a staff capacity with City and in that capacity, participate in making a governmental decision or otherwise perform the same or substantially the same duties for City that would otherwise be performed by an individual holding a position specified in City's Conflict of Interest Code under Government Code section 87302. 7.3 In the event City officially determines that Consultant must disclose its financial interests, Consultant shall complete and file a Fair Political Practices Commission Form 700, Statement of Economic Interests, with the City Clerk's office pursuant to the written instructions provided by the City Clerk. ARTICLE 8—GENERAL CONSIDERATIONS 8.1 In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for the use of in-house counsel by a Party. 8.2 Consultant shall not assign any of the Services, except with the prior written approval of City and in strict compliance with the terms and conditions of this Agreement. 8.3 Records, drawings, designs, cost estimates, electronic data files, databases and any other documents developed by Consultant in connection with its performance of the Services, and any copyright interest in such documents, shall become the property of City and shall be delivered to City upon completion of the Services, or upon the request of City. Any reuse of such documents, and any use of incomplete documents, shall be at City's sole risk. 8.4 Consultant is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor. Neither City nor its agents shall have control over the conduct of Consultant or Consultant's employees, except as herein set forth. Consultant shall supply all necessary tools and instrumentalities required to perform the Services. Assigned personnel employed by Consultant are for its account H:\My DocumentsTROJECTSTW DIF reporA2015XTaussig Agrcement DIF Stud42015 6 12 15(fram Dan).dac only, and in no event shall Consultant or personnel retained by it be deemed to have been employed by City or engaged by City for the account of, or on behalf of City. Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent, nor shall Consultant have any authority, express or implied, to bind City to any obligation. 8.5 Unless earlier terminated as provided for below, this Agreement shall terminate upon completion and acceptance of the Services by City. This Agreement may be terminated by City, in its sole discretion, by providing not less than five (5) days prior written notice to Consultant of City's intent to terminate. If this Agreement is terminated by City, an adjustment to Consultant's compensation shall be made, but (1) no amount shall be allowed for anticipated profit or unperformed Services, and (2) any payment due Consultant at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Consultant. Upon receipt of a termination notice, Consultant shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable) of project related data, design calculations, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by Consultant in performing the Services. Consultant shall be compensated on a pro-rata basis for Services completed up to the date of termination. 8.6 Consultant shall maintain books, ledgers, invoices, accounts and other records and documents evidencing costs and expenses related to the Services for a period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant pursuant to this Agreement. Such books shall be available at reasonable times for examination by City at the office of Consultant. 8.7 This Agreement, including the Exhibits incorporated herein by reference, represents the entire agreement and understanding between the Parties as to the matters contained herein, and any prior negotiations, written proposals or verbal agreements relating to such matters are superseded by this Agreement. Except as otherwise provided for herein, any amendment to this Agreement shall be in writing, approved by City and signed by City and Consultant. 8.8 This Agreement shall be governed by and construed in accordance with the laws of the State of California. 8.9 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or sections contained herein, unless to do so would deprive a Party of a material benefit of its bargain under this Agreement. H:NMy Documents\PROJECTS\Ply+DIF report120151Taussig Agreement DIF Stud52015 b 12 15(from Dan).doc IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have signed in confirmation of this Agreement. CITY OF REDLANDS DAVID TAUSSIG& ASSOCIATES, INC. By4.. Enrique By: rtinez, City Ma ag Andrea ffoess, Managing Director Attest: Je64e Donaldson, Deputy City Clerk H:\My Documents\PROJECTS\PW DIF report\2015\Taassig Agreement DIF Stud 62015 6 12 15(from Dan).doc EXHIBIT "A" SCOPE OF SERVICES TASK I—EVALUATE CURRENT DIF PROGRAM Consultant will review and evaluate the City's current DIF program, for discussion during the Kickoff Meeting in Task 2. TASK 2—ATTEND KICK-OFF MEETING Consultant will meet with City staff in an initial kick-off meeting to finalize the details of the Work Plan; discuss the current DIF program, potential fee methodologies, and best practices; identify needed and available information (i.e., reports, project/needs Iists, stakeholder groups, data, etc.); determine period of time to be examined in Fee Study; prepare final schedule; discuss the public process; and resolve other concerns as appropriate. TASK 3—REVIEW AND CONFIRM DEVELOPMENT PROJECTIONS Consultant will review SANBAG Regional Transportation Improvements and growth projections, as well as other sources, such as the City General Plan, existing Master Plans, the U.S. Census, and the State Department of Finance. Consultant will consult with the City Development Services Department to ensure growth is consistent with the City General Plan and projections. TASK 4-REVIEW FACILIT/CAPITAL NEEDS AND LEVELS OF SERVICE This task entails review of the facility and capital needs required to serve the new development in the study area projected in Task 3. Consultant will use existing City materials (and any relevant developer facilities reports) as base documents and focus efforts on updating this information. In order for any fee program to be comprehensive in its scope, it is necessary to complete a thorough identification and review of all the facilities which will be impacted by additional growth, including those already discussed in the General Plan or CIP. This task will require close coordination with all appropriate City departments. Subtask 4(A)—Survey/Interview City Staff Consultant shall survey/interview City staff to review projected facilities in the City, along with major equipment needs, the timing at which improvements will be needed, and any physical data that would assist in developing the costs estimated below in Subtask 4(C). Based upon the results of the surveys and interviews, as well as the City General Plan, Consultant will verify and, if appropriate, expand the list of new facilities to be financed through the DIF Program. Subtask 4(B)—Facilities List Based on the information collected in Subtask 4(A), Consultant shall prepare a facilities needs list that details the new facilities and equipment needed to serve new development in the City. H:Wy DocumentsTROJECTSTW DIF rcportl?015\Taussig Agreement DIF Study2015 6 12 15(from Dan).doc Subtask 4(C)—Review Cost Estimates Consultants will, as necessary: consult with City department heads and/or engineering staff or equivalent to ascertain and understand in-house cost data for existing and projected facilities and equipment; apply appropriate inflation and cost of living escalators to the list of projected public facilities to determine future costs; review and/or refine existing cost data; examine major sources of revenue to fund construction of new public facilities; and provide a proportional estimate between projected costs for new facilities and projected revenue from mitigation fees and other sources. Deliverable: Needs List for each of the four Facilities TASK 5-DEVELOP METHODOLOGY FOR CALCULATING NEW FEE AMOUNTS This task entails developing the methodology used to establish the fee amount to the extent appropriate. There are two critical issues that must be considered in developing a fee program. The fee program must generate revenues in a timely manner and the methodology must meet the nexus or benefit requirements of AB 1600. Since fees of any sort are controversial, it is critical that any fee established be legally defensible. Consultant's fee study methodology must meet the nexus or benefit requirements of AB 1600, which requires that there be a nexus between fees imposed, the use of the fees, and the development projects on which the fees are imposed. Furthermore, there must be a relationship between the amount of the fee and the cost of the improvements. In order to impose a fee as a condition for a development project,the methodology must accomplish the following: ■ Identify the purpose of the fee. ■ Identify the use to which the fee is to be put. If the use is financing public facilities,the facilities must be identified. ■ Determine how there is a reasonable relationship between the fee's use and the type of development project on which the fee is imposed. ■ Determine how there is a reasonable relationship between the need for the public facility and the type of development project on which the fee is being imposed. Implicit in these requirements is a stipulation that a public agency cannot impose a fee to cure existing deficiencies in public facilities or improve public facilities beyond what is required based on the specific impacts of new development. The benefit methodology established in this subtask will be documented in the Report. Consultant shall prepare a memorandum to City staff summarizing the recommended methodologies and their pros and cons. Consultant will recommend a fee expenditure plan to ensure that projects can be fully funded and implemented within any required time limits for expenditures of such funds, as well as possible flexibility to allow collected fees to be used to provide the City match for grant applications. Consultant will also outline and recommend a process to allow the City to keep the recommended fees current. Finally, the memo will include recommendations for methodology and next steps. Upon review and discussion by City staff, a methodology will be selected. Deliverable: Memorandum summarizing the DIF methodology options H:Wy NoummA PROJECTSTW DIF repor112015Mussig Agreement DIF Stud82015 6 12 15(from Dan).doc TASK 6-DETERMINE FEE LEVELS This task entails calculating the fee amounts based upon the dwelling unit and commercial/industrial development projections completed in Task 3, facilities needs and costs determined in Task 4, and the methodology selected in Task 5. Subtask 6(A)—Calculate Recommended Fee Amounts Consultant shall calculate the fees for the City by inputting the data compiled under the preceding tasks, and computing the amount of each fee to be levied. This work will be done in a spreadsheet format which will be provided to City and can be updated by the City on an annual basis. Subtask 6(B)—Document Fee Derivation Consultant shall document the methodology utilized for the fee calculation model in a manner that can be understood by the City and the public. Consultant shall prepare written statements documenting the validity of the methodology for deriving each of the fees for the City. These statements will be made to meet the requirements of AB 1600 and will be documented in the Final Report discussed below. Deliverable: List of Proposed Impact Fees for Single Family Detached, Single Family Attached, Multi-family, and Non-Residential land use categories Task 7 -Prepare Draft and Final Fee Studv Reports This task entails preparation of the draft and final reports for consideration by the City Council and City staff. Subtask WA)—Prepare Draft Fee Study Report for Comments Based on the work completed in Tasks I through 6, Consultant will prepare the Draft Report for review and consideration by City staff. The report will be prepared pursuant to the standards of AB 1600 and is expected to include: ■ Executive Summary; ■ Population Projections; ■ Facilities and Improvements List; ■ Areas of Benefit(if applicable); ■ Fee Calculations; ■ Recommended Fee Levels; and ■ Recommended Process for Keeping Fees Current Subtask 7(B)—Prepare Final Fee Study.Report Based on the incorporation of City staff comments and concerns on the Draft Report, Consultant will prepare the Report for presentation to the City Council and City staff. Deliverable: Five (5) Draft and 10 Final Fee Study Reports F1:4tiiy DocumentslPROJEC'rskm DIF report120151Taussig Agrcement DIF Smd92015 6 12 15(from Dan).doc Task S —Attend Meetings and Public Outreach This task entails attendance at a total of up to lb meetings/workshops in addition to the Kickoff meeting included herein under Task 1: (1) up to 10 working site visits with City staff, (2) up to four meetings with the public and developers, (3) one meeting for a study session with the City Council, and(4)the public hearing in front of the City Council at which the Fee Study would be reviewed and hopefully approved. During these meetings, and throughout the course of the preparation of the Fee Study, Consultant will make recommendations regarding the use and collection of proposed fees, as well as recommendations regarding specific components or elements that are of concern. HAMy DocumemsTROJECTS\pW DIF repor1V.0151Taussig Agreement DIF Study-0015 6 12 15(firm Dan).doc EXHIBIT "B" PROJECT SCHEDULE 1. August, 2015 —Kick-off meeting. 2. October, 2015 —Draft report due to City. 3. October, 2015 —Final report due to City. 4. November 17, 2015 —Presentation to City Council. 1+V1.1y DocumcntsTROJECTSTW DiF report\2015NTaussig Agreement DIF Stugyf0]5 6 12 15(from Dan).doc EXHIBIT "C" HOURLY RATES Position Rate ManMing Director $210/Hour Vice President/Engineer $200/Hour Manager $185/Hour Senior Associate $165/Hour Associate $155/Hour Senior Analyst $145/Hour Analyst $130/Hour Research Assistant $105/Hour I-I:1My DocumentslPROJECTSIPW DIF report120151Taussig Agreement DIF Stucj0IS 6 12 15(from Dan).doc EXHIBIT "D" WORKERS' COMPENSATION INSURANCE CERTIFICATION Every employer, except the State, shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations, a certificate of consent to self-insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees. CHECK ONE I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement. (Labor Code §1861). I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers' compensation laws of California. However, at any time, if I employ any person such that I become subject to the workers' compensation laws of California, immediately I shall provide the City with a certificate of consent to self-insure, or a certification of workers' compensation insurance. I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct. David Taussig & Associates, Inc. Date: 1,9 By: lam Andrea Roess, Managing Director H:\My Documents\PROJECTS\PW DIF report\2015\Taussig Agreement DIF Stu"015 6 12 15(from Dan).doc