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Goodwin Consulting Contract for Professional Services

City Council/Public Finance and Economic Development Authority/Parking Authority
August 5, 2024

Document
Goodwin Consulting Contract for Professional Services
Meeting
August 5, 2024
Body
City Council/Public Finance and Economic Development Authority/Parking Authority
Original file
2.8 MB
Text extracted from the city's file for reading and search. Open the original on cityofmerced.legistar1.com. That file is the official record.

ATTACHMENT 1

City of Merced
Authorization of Services Agreement

TERMS AND CONDITIONS FOR

SERVICES CONTRACTS
THESE TERMS AND CONDITIONS. (·'Terms and Conditions") are made and entered into on the date shown on the attached Statement of Services, by and between the City of Merced, a California Charter Municipal Corporation, ("City'") and the Consultant, Vendor, Contractor, or Person, ("Contractor") shown on the Authorization for Service Agreement. These Terms and Conditions, Authorization for Service Agreement, and the Consulting and Professional Services Contract shall herein be collectively referred to as the "Agreement." Any words that Consultant adds to the Agreement or any form that Consultant uses in the course of business will not change or supersede these Terms and Conditions. The City must agree, in writing, to any change in terms and conditions.

The City's acceptance of any work or services is not an acceptance of Consultant's conflicting terms and conditions should such exist.

1. CONTRACTOR'S SERVICES. Contractor shall, at its own cost and expense and as authorized and directed by the City, provide the personnel, supervision, equipment, supplies, services, administration, transportation, and other needs to complete the work described in the Authorization for Service Agreement and the City's Purchase Order, which is hereby incorporated and made a part of these Terms and Conditions, within the agreed upon time schedule and budget. The Contractor is responsible for obtaining and administering the employment of personnel having the training, experience, licenses, and other qualifications necessary for the work assigned. All project-related costs shall be assumed and paid by the Contractor. These Terms and Conditions and Purchase Order provide the exclusive means of payment and reimbursement of costs to the Contractor by the City.

Such work shall include the following:
a. The Contractor shall perform the services as described in the Statement of Services and Purchase Order in full compliance with these Terms and Conditions and adopted City policies and guidelines as provided to the Contractor, and in compliance with all other applicable laws and regulations.
b. The Contractor shall perform all services and prepare all documents in professional form, exercising the special experience, skill, and education required for such service. c. The Contractor shall provide finished documents of presentation quality that evidence the highest standards of investigation, professional review, public participation. and presentation.

2. SCHEDULE OF PERFORMANCE AND BUDGET. The Contractor shall satisfactorily perform the services described in the Statement of Services and Purchase Order within the Time Schedule stated or agreed to between the Contractor and the City. The Contractor shall review the remaining work and remaining budget at least monthly ( or at such other interval as directed by City staff) and shall confirm that completion may be expected within the budget approved or. in the City of Merced
Authorization of Services Agreement
alternative. give immediate notice when it shall first appear that the approved budget will not be sufficient, together with an explanation for any projected insufliciency.

The Contractor shall immediately inform the City of any problems, obstructions, or deviations of which the Contractor becomes aware affecting Contractor's ability to complete the project in a timely, efficient, and competent manner.

3. RISK OF LOSS PRIOR TO FINAL ACCEPTANCE. Risk of loss from total or partial destruction of the work, prior to final acceptance, shall be borne by Contractor regardless of the cause.

Contractor shall repair or replace such damages or destroyed work to its prior undamaged condition before being entitled to additional progress payments or final payment. Total or partial destruction or damage shall not excuse Contractor from completion of work.

4. COMPENSATION. Payment by the City to the Consultant for actual services rendered shall be made upon presentation of an invoice detailing services performed and authorized.

5. PERMITS AND LICENSES.
a. Contractor shall apply for and procure permits and licenses necessary for the work. b. Contractor shall give notices necessary and incidental to the due and lawful prosecution of the work and shall comply duly with the terms and conditions of permits and licenses. c. Contractor shall pay charges and fees in connection with permits and licenses.

CITY OF MERCED

SPECIAL TAX CONSULTING SERVICES
for

MAINTENANCE AND SERVICES COMMUNITY FACILITIES DISTRICT
The City of Merced (hereinafter "CITY") formed Community Facilities District No. 2003-2 (hereinafter "CFO") to fund operations and maintenance (e.g., landscaping, storm drainage, street lighting, parks) as well as services (e.g., police and fire protection) provided to all new development areas in the CITY. Goodwin Consulting Group, Inc. (hereinafter "CONSUL TANT") will facilitate annexations to the CFO, as described more fully below.

SCOPE OF WORK
CONSULTANT shall provide the following services:

1. For each annexation, GCG will work with CITY staff to gather all project-specific data for one or more new Improvement Areas of the services CFO. The new Improvement Area(s) will constitute a single annexation into the services CFO.

2. GCG will prepare a special tax analysis for each Improvement Area (i.e., development project), which may include residential, non-residential, or both types of land uses. GCG will revise the services CFO RMA to address details of the specific annexation.

3. GCG will review analysis tables and the RMA with CITY staff and bond counsel, finalize annexation documents, and prepare the CFO Report.

BUDGET
The total budget for each annexation will be determined at the time GCG is asked to work on a new annexation. The budget will vary depending on the complexity of each development project, the number of development projects, and other factors unique to a specific annexation.

Services will be billed on the following hourly fee schedule, which is valid through December 31, 2024, and may be adjusted thereafter:

Managing Principal
Senior Principal
Principal
Vice President
Senior Associate
Associate
Analyst
Research Assistant
$360/hour
$350/hour
$310/hour
$275/hour
$250/hour
$230/hour
$215/hour
$95/hour

EXHIBIT B

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