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ROSENOW SPEVACEK GROUP, INC. - 1998-10-14
CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CRY CLERK LETTER OF TRANSMMAL OF ITEAT APPROVED BY THr CITY COI NC REDEVELOP'L%TF.NT AGENCY OF TITE CITY OF ITUNt rINGTON BEACH DATE:_10604,E TO: 440St 01z eYa ATTENTION: , V Nam /�� o:*& G�/Y ,9Z2 rZ d& l Via -W DEPARnIENT: • S t 9 " iJ _ u r•, REGARDING- City,State.Zip 7ewe �Y1t2 e l.y� �rC'EN r t!Ye ©h7�� Ya�eCt< See Attached Action Agenda Item Dat.of Approval Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarlo: Connie Brockway City Clerk Attachments: Action Agenda Page Agreement Bonds Insurance RCA Deed Other CC: � 41VA Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other Name De arm RCA Agreement Insurance� Other Risk Management Dept. Insurance Received by Name-Company Name-Date Gfollowop/coverltr (Telephone:7145 3"227) PROFESSIONAL SERVICES CONTRACT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AND ROSENOW SPEVACEK GROUP, INC. TO PREPARE AN AMENDMENT TO THE HUNTINGTON BEACH REDEVELOPMENT PLAN TO EXTEND EMINENT DOMAIN TO CERTAIN PARCELS WITHIN THE MAIN PIER SUBAREA OF THE HUNTINGTON BEACH REDEVELOPMENT PROJECT AREA G/agrccfj Vrmnow1109Wl98923l98 PROFESSIONAL SERVICES CONTRACT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AND ROSENOW SPEVACEK GROUP, INC. TO PREPARE AN AMENDMENT TO THE HUNTINGTON BEACH REDEVELOPMENT PLAN TO EXTEND EMINENT DOMAIN TO CERTAIN PARCELS WITHIN THE MAIN PIER SUBAREA OF THE HUNTINGTON BEACH REDEVELOPMENT PROJECT AREA Table of Contents 1. Work Statement .................................................. 1 2. Agency Staff Assistance ....................................... 2 3. Time of Performance............................................ 2 4. Compensation .................................................... 2 5. Priorities............................................................ 2 6. Extra Work......................................................... 3 7. Method of Payment.............................................. 3 8. Disposition of Plans, Estimates and Other Documents 5 9. Hold Harmless...............................•.................... 5 10. Professional Liability Insurance.............................. 6 11. Certificates of Insurance....................................... 6 12. Independent Contractor........................................ 7 13. Termination of Agreement..................................... 8 14. Assignment and Subcontracting............................. 8 15. Copyrights/Patents.............................................. 8 16. Agency Employees and Officials............................. 8 17. Notices ............................................................. 8 18. Immigration........................................................ 9 19. Legal Services Subcontracting Prohibited................. 9 20. Attorney's Fees................................................... 9 21. Entirety ............................................................ 10 C�agscJCmseswv►(I04R3NB9R3A8 PROFESSIONAL SERVICES CONTRACT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AND ROSENOW SPEVACEK GROUP, INC. TO PREPARE AN AMENDMENT TO THE HUNTINGTON BEACH REDEVELOPMENT PLAN TO EXTEND EMINENT DOMAIN TO CERTAIN PARCELS WITHIN THE MAIN PIER SUBAREA OF THE HUNTINGTON BEACH REDEVELOPMENT PROJECT AREA �}}THIS AGREEMENT is made and entered into this day of 1998, by and between the REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, a public body of the State of California, hereinafter referred to as "AGENCY", and ROSENOW SPEVACEK GROUP, INC., a California corporation, hereinafter referred to as "CONSULTANT." WHEREAS, AGENCY desires to engage the services of a consultant to prepare an Amendment to the Huntington Beach Redevelopment Plan to extend eminent domain to certain parcels within the Main Pier Subarea of the Huntington Beach Redevelopment Project Area; and Pursuant to documentation on file in the office of the City Clerk, the provisions of HBMC Chapter 3.03 relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform said services, NOW, THEREFORE, it is agreed by AGENCY and CONSULTANT as follows: 1. WORK STATEMENT CONSULTANT shall provide all services as described in AGENCY'S Request for Proposal ("RFP") and CONSULTANTs Proposal dated July 30, 1998 (both of which are hereinafter referred to as Exhibit"A"),which are attached hereto and gJagrcJ L7rosenow/09t23/99 incorporated into this AGREEMENT by this reference. These services shall sometimes hereinafter be referred to as "PROJECT." CONSULTANT hereby designates Frank J. Spevacek who shall represent it and be its sole contact and agent in all consultations with AGENCY during the performance of this AGREEMENT. 2. AGENCY STAFF ASSISTANCE AGENCY shall assign, a staff coordinator to work directly with CONSULTANT in the performance of this AGREEMENT. 3. TIME OF PERFORMANCE Time is of the essence of this AGREEMENT. The services of CONSULTANT are to commence as soon as practicable after the execution of this AGREEMENT, and all tasks specified in Section 1 and Exhibit"A" shall be completed no later than eight (8) months from the date of this AGREEMENT. These times may be extended with the written permission of AGENCY. 4. COMPENSATION In consideration of the performance of the services described herein, AGENCY agrees to pay CONSULTANT on a time and materials basis based on the hourly fee schedule included in CONSULTANT's Proposal. The total compensation, including CONSULTANT's out-of-pocket expenses, shall not exceed fifteen thousand five hundred dollars ($15,500) for the entire PROJECT. 5. PRIORITIES In the event there are any conflicts or inconsistencies between this AGREEMENT,AGENCY'S RFP, or CONSULTANT's Proposal, the following order of g:/hSreejf/roscnow/09/23/99 2 precedence shall govern: 1)AGREEMENT, 2) the CONSULTANT's Proposal, and 3) the AGENCY'S RFP. 6. EXTRA WO R K In the event AGENCY requires additional services which are not included in Section 1 and Exhibit"A", or changes the scope of services described in Section 1 and Exhibit"A", CONSULTANT will undertake such work only after receiving written authorization from AGENCY. Additional compensation for such extra work shall be allowed only if the prior written approval of AGENCY is obtained. 7. METHOD OF PAYMENT A. CONSULTANT shall be entitled to monthly progress payments toward the fixed total fee set forth herein. B. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to AGENCY to demonstrate progress toward completion of tasks. In the event AGENCY rejects or has comments on any such product, AGENCY shall identify specific requirements for satisfactory completion. Any such product which has not been formally accepted or rejected by AGENCY shall be deemed accepted. C. CONSULTANT shall submit to AGENCY an invoice for each monthly progress payment due. Such invoice shall: 1) Reference this AGREEMENT; 2) Describe the services performed; 3) Show the total amount of the payment due; g legncJ aroscnow/09n3NS 3 4) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this AGREEMENT; and 5) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if AGENCY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this AGREEMENT, AGENCY shall promptly approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by AGENCY. Such approval shall not be unreasonably withheld. If AGENCY does not approve an invoice, AGENCY shall notify CONSULTANT in writing of the reasons for non-approval, within seven (7) calendar days of receipt of the invoice, and the schedule of performance set forth in Section 9 and Exhibit"A" shall be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this AGREEMENT is terminated as provided herein. D. Any billings for extra work or additional services authorized by AGENCY shall be invoiced separately to AGENCY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by AGENCY if the work performed is in accordance with the extra work or additional services requested, and if AGENCY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties glagreerjUrosenow/09123199 4 concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this AGREEMENT. B. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that all materials prepared hereunder, including all memoranda, letters, reports, calculations and other documents, shall be turned over to AGENCY upon termination of this AGREEMENT or upon PROJECT completion, whichever shall occur first. In the event this AGREEMENT is terminated, said materials may be used by AGENCY in the completion of PROJECT or as it otherwise sees fit. Title to said materials shall pass to AGENCY upon payment of fees determined to be earned by CONSULTANT to the point of termination or completion of the PROJECT, whichever is applicable. CONSULTANT shall be entitled to retain copies of all data prepared hereunder. 9. HOLD HARMLESS CONSULTANT shall protect, defend, indemnify and save and hold harmless AGENCY and City, their officers, officials, employees and agents from and against any and all liability, loss, damage, expenses, costs (including, without limitation, costs and fees of litigation of every nature) arising out of or in connection with CONSULTANTs performance of this AGREEMENT or its failure to comply with any of its obligations contained in this AGREEMENT by CONSULTANT, its officers, agents or employees, except such loss or damage which was caused by the sole negligence or willful misconduct of AGENCY. SJa„rcerjGroscnow109R3l98 5 10. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall furnish a professional liability insurance policy covering the work performed by it hereunder. Said policy shall provide coverage for CONSULTANT's professional liability in an amount not less than $1,000,000 per occurrence and in the aggregate. A claims made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the professional services contractor's start of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following project completion, including the requirement of adding all additional insureds. C. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from vrork performed in connection with this AGREEMENT. D. The reporting of circumstances or incidents that might give rise to future claims. 11. CERTIFICATES OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to AGENCY certificates of insurance subject to approval of the Agency gJagroJgroscnowP09ON8 6 Attorney evidencing the foregoing insurance coverages as required by this AGREEMENT; said certificates shall: A. provide the name and policy number of each carrier and policy; B. shall state that the policy is currently in force; and C. shall promise that such policies shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice; however, ten (10) days prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverages in force until the work under this AGREEMENT is fully completed and accepted by AGENCY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of AGENCY by CONSULTANT under the AGREEMENT. AGENCY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. 12. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this AGREEMENT as an independent contractor. CONSULTANT shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the services to be performed hereunder. glagrccrjVnosmw/09,23/'99 7 13. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. AGENCY may terminate CONSULTANTs services hereunder at any time with or without cause, and whether or not PROJECT is fully complete. Any termination of this AGREEMENT by AGENCY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. 14. ASSIGNMENT AND SUBCONTRACTING This AGREEMENT is a personal service contract and the supervisory work hereunder shall not be delegated by CONSULTANT to any other person or entity without the written consent of AGENCY. 15. COPYRIGHTS/PATENTS AGENCY shall own all rights to any patent or copyright on any work, item or material produced as a result of this AGREEMENT. 16. AGENCY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no AGENCY official nor any regular AGENCY employee in the work performed pursuant to th;s AGREEMENT. No officer or employee of AGENCY shall have any financial interest in this AGREEMENT in violation of the applicable provisions of the Califomia Govemment Code. 17. NOTICES Any notice or special instructions required to be given in writing under this AGREEMENT shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to the Director of Economic Development, as the glagreeT9rosmowW23N8 8 situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, addressed as follows: TO AGENCY: TO CONSULTANT: David C. Biggs Frank J. Spevacek Director of Economic Development Rosenow Spevacek Group, Inc. City of Huntington Beach 540 North Golden Circle, Suite 305 2000 Main Street Santa Ana, CA 92705-3914 Huntington Beach, CA 92648 18. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 19. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and AGENCY agree that AGENCY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for AGENCY; and AGENCY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 20. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this AGREEMENT or to secure the performance hereof, each party shall bear its own attorney's fees. SIGNATURES ON NEXT PAGE g.-lagreJflrosmw/04 n/98 9 21. ENTIRETY The foregoing, and Exhibit W attached hereto, set forth the entire AGREEMENT between the parties. IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed by and through their authorized offices the day, month and year first above written. ROSENOW SPEVACEK GROUP, INC. REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, a public body of the State of California �:4V� E ecutive Director pnnTrgime ITS: (circle one) ChairmanlPresid �President AND ATTEST: pn MI a Agency Clerk ITS: (circle one) Secreta hief Financial Officer) Asst. Secretary- reasurer APPROVED AS TO FORM: tt I�11 A Tency General Couns INITIAT D AND APPROVED: AW -/'%� Director of Economic evelopment gJagreerj Croscnow/09r23/99 10 �I EXHIBIT "A" Redevelopment Agency of the City of Huntington Beach Proposal for Redevelopment Plan Amendment Services Prepared for. Redevelopment Agency of the City of Huntington Beach 2000 Main Street, Fifth Floor Huntington Beach, CA 92648 July 30, 1998 V F d�E ,M-9, kAlo,1,5A Rosenow Spevacek Group,Inc. 540 North Golden Circle,Suite 305 Santa Ana,California 92705 Phone 714.541 AS85 Fax 714.836.1748 Email RSGIncCA@aol.com Introduction The Redevelopment Agency of the City of Huntington Beach ("Agency") desires to acquire and redevelop certain residential blocks In the Main-Pier subarea of the Huntington Beach Redevelopment Project Area. At this juncture, it may be necessary to employ eminent domain to acquire these parcels. However, the Huntington Beach Redevelopment Plan ('Plan") explicitly prohibits the use eminent domain on residential properties. The Agency will need to amend the Plan to provide the authority to use eminent domain,as a last resort,to acquire these properties. The California Community Redevelopment Law outlines a specific process to amend redevelopment plans. As compared to other types of plan amendments,the process to modify the Plan's eminent domain authority is an abbreviated process. This proposal presents RSG's scope of services to prepare an amendment to the Plan's eminent domain authority CAmendment"). It presents RSG's proposed services, schedule, project team, and fee proposal. In addition to the 1996 Huntington Beach Redevelopment Plan Amendment/Merger. RSG has processed over ninety (90) redevelopment project area formations and redevelopment plan amendments. Further, RSG has undertaken similar eminent domain amendments for redevelopment agencies in the cities of Brea.Carson,and Santa Barbara,as well as the County of Orange. We have a proven track record of processing successful redevelopment plan adoptions and amendments In a cost affective manner. ROSENOW SPEVACEK GROUP,INC. HUNTINGTON BEACH REDEVELOPMENT PROJECT JULY 31,1998 -11- PROPOSAL FOR PLAN AMENDMENT SERVICES ib T. Scope of Services The following Scope of Services outlines RSG's activities relative to the Amendment . . . 1) Project Schedule: RSG will prepare a detailed schedule that indicates each activity, responsible party, and document due and adoption dates. The schedule will guide all parties through the Amendment process. As changes occur, the schedule will be Updated accordingly. 2) Environmental Clearance: Typically, eminent domain amendments would involve the planning department staff preparing a negative declaration, in accordance with the California Environmental Quality Act RSG would provide City planning staff with sample negative declarations from similar amendments, and assist with preparing and processing the negative declaration. 3) Preliminary Plan:RSG would prepare a preliminary plan to in;tiate the Amendment process. The Preliminary Plan is circulated to taxing agencies after approval by both the Planning Commission and Agency. Deliverables: Preliminary Plan;Planning Commission and Agency staff reports and resolutions. 4) Project Area Committee: Because residential dwellings that are affordable to very low, low, or moderate income households may be subject to eminent domain, the City Council will need to call for the formation of a project area committee (PAC) to review and make a reccmmendation on the Amendment As required by taw.RSG would prepare PAC formation procedures for Council consideration and adoption. All residents, businesses,property owners and existing community organizations would be notified,by fast class mail,of the opportunity to serve on the PAC. RSG will work with staff to compile a mailing list, and prepare and transmit the notices. Also, RSG will participate,wilh staff, in the PAC information meeting, and in the subsequent meeting where PAC representatives are elected. Once the PAC is formed, RSG will attend up to three (3) PAC meetings. Additional PAC meetings would be billed on a time and ma'erials basis. Deliverables: PAC Formation Procedures, City Council staff reports and resolutions, rnaHing lists, PAC notices and transmittal letter,PAC informationallefection materials. 5) Draft Plan Amendment: RSG will prepare the proposed Plan amendment text for the extension of eminent domain. Because RSG prepared the IM Plan, RSG will also update the Plan to reflect the amended eminent domain provisions after the adoption of the amending ordinance. As necessary, RSG will assist in the preparation of accompanying Agency and Planning Commission staff reports and resolutions. ROSENOW SPEVACEK GROUP,INC. HUNTINGTON BEACH REDEVELOPMENT PROJECT JULY 31.1998 -2- PROPOSAL FOR PLAN AMENDMENT SERVICES Deliverables: Draft Plan text; Restated Plar.document; Planning Commission and Agency staff reports and resolutions. 6) Prepare the Report to Council: Redevelopment Law requires the Agency to prepare and submit to the City Council a report that describes the reasons for, and implications of, the proposed Amendment Since the eminent domain amendment will not result in significant impacts, an extensive Report to Council is not warranted. Areas to be addressed will include the foilowing: ■ The reasons and the need for the Amendment; ■ The proposed projects and why private enterprise acting alone or other financing mechanisms cannot accomplish redevelopment without the Amendment; u The reasonableness of the redevelopment projects programs; ■ The blighting characteristics of the project area(both physical and economic); ■ The implementation plan including any necessary updates; ■ The methodology of financing the redevelopment project; ■ The relocation plan; ■ Evidence of consultation with affected citizens, property owners,and taxing agencies; ■ The report and recommendation of the Planning Commission; • Compliance with CEQN and ■ A neighborhood impact report that evaluates the potential redevelopment project impacts on surrounding neighborhoods. This report forms the basis for a defense against legal challenges, if any, to the Amendment RSG will prepare this report in simple, direct language that is understandable to all reviewing parties. Deliverables: Draft and final reports, City Council/Agency staff reports, and adoption resolutions. 7) Taxing AgencylPublic Notices: RSG wll prepare taxing agency and public notices for all redevelopment actions. Further, RSG, in cooperation with Agency staff, will prepare property owner,occupant, community organization and taxing agency address lists and mailing [abets; the address list will be updated 30 days pr'.cr to transmittal of the notice of the public hearing. If desired, RSG will also coordinate the printing, assembly, and transmittal of all notices. This service is presented in the Optional Services section of this Work Program. Deliverables: Public hearing notice, and taxing agency, business, property ovmer, and tenant address lists. ROSENOvV SPEVACEK GROUP,INC. HUNTINGTON BEACH REDEVELOPMENT PROJECT JULY 31,1998 -3- PROPOSAL FOR PLAN AMENDMENT SERVICES �1 8) Joint Public Hearing and Responses to Written Objections: The Redevelopment Law provides that the Amendment may be considered after the Agency and City Council receive testimony both for and against the Amendment. The Law further provides that if the redevelopment agency and legislative bod/are the same, then a joint public hearing may be held. RSG will assist staff and special counsel in preparing for the public hearing; the Project Manager will attend the hearing, and vrill provide testimony and answer questions as appropriate. Further,the Law requires that,any written objections be answered in writing prior to introducing the ordinance that adopts the Amendment RSG will work with staff and special counsel and prepare these responses. Deliverables:Staff reports and responses to written objections. 8) Attendance at Meetings and the Public Hearing.The Project Manager will attend project management teamistaff, Planning Commission, Agency Board, and City Council meetings. The specific number of meetings is delineated in the price proposal. 10)Adoption Follow-Up:RSG wit]assist in transmitting the adopted ordinance to the newspaper, recording necessary documents and mai'ing necessary final documents to the State, County and affected taxing entities. • . . The proposed services delineates activities and required consultant services for the Amendment There are additional activities that may be selected if it is determined that they are legally required, or it staff elects not to undertake them. These activities are presented below. 1) Taxing Agencyl Public Hearing Notices Mailings: RSG would assume the responsibility of printing, assembling, and transmitting the aforementioned notices as needed. Our cost estimates for the transmittals are based upcn a per-piece basis as follows: Certified Mailings(Taxing Agency Notices) $4.00 per piece Public Hearing Notice Mailings S1.25 per piece Once the exact number of pieces is determined, RSG would submit a budget for staff review, and would not commence the mailing activ:ties until approved. Due to the size of these mailings, RSG would be requesting an advance of funds at the time of mailing to cover expenses. 2) Translation of Documents Into Spanish: If the need arises to translate notices, letters, informational newsletters, and project-related documents into Spanish. RSG will provide this service on a time-and-materials basis at the hourly rate presented in the price proposal. ROSENOW SPEVACEK GROUP,INC. HUNTING70N BEACH REDEVELOPMENT PROJECT JULY 31.1998 -4- PROPOSAL FOR PLAN A61ENOMENT SERVICES The foilowing presents a schedule of Critical events relating to the proposed Amendment_ The process is anticipated to consume 2pproxim3tey 6 months, and could be completed by March 1999 if the effort is initiated in the next 45 days. This schedule accommodates a 2 month (excluding holidays)review period for the Project Area Committee. r er.1998 a Contract Awarded AD Soop eebngOctober—November RSG Prer�mina Plan&PAC Formation,Draft Doannents October—November CAY Draft&Chmbte ative Declaration November Agency Submit Amendment to PAC and Planning Commission November—January PAC Reviews Amendment January,1999 PAC&Planning Commissar Recortmendations on Amendment January StARSG TransmA P�Heating Notices Fetruary AgencyPCityCouml Joint Pubfic Head22 March City Councd Conduct Reading of Amending Ordinance ROSENOW SPEVACEK GROUP,INC. HUNTINGTON BEACH REDEVELOPMENT PROJECT JULY 31.1998 .5- PROPOSAL FOR PLAN AMENDMENT SERVICES Project Management Approach Over the course of nearly twenty years,RSG has provided redevelopment plan adoption consultant services on over ninety(90)separate projects. Our success rate has been a direct result of RSG's commitment to assuring that every detail of the engagement is managed efficiently and thoroughly. The following personnel would be assigned to this engagement in the indicated capacities. Their respective resurres are included at the end of this section. Frank J.Spevacek, Project ManagerlManaging Principrall Mr. Spevacek will be the Project Manager for this assignment. In this role, he will direct the preparation of all documents and attend meetings. Mr.Spevacek's recent experience in the area of redevelopment plan amendments for the Cities of Huntington Beach, Fountain Valley, Santa Barbara, San Buenaventura,and Camarillo. James C.Simon,Associate Mr. Simon will be responsible for the day-to-day activities of this assignment, including document preparation and staff interface. Mr. Simon has worked in this capacity for many of RSG's plan adoption engagements,including the 1996 Merger of the Huntington Beach Redevelopment Plans, as well as assignments for the Cities of Fountair.Valley,Hercules,Chula Vista,and Santa Barbara. Melecio Picazo,Analyst Mr. Picazo will provide support services to the RSG staff for this engagement In this capacity, he would assist with document preparation and data compilation and synthesis. He has worked on plan adoption activities in the Cities of Orange, Huntington Paris, Burbank, Diamond Bar, Hemet, and West Hollywood. ource *-House Res sl RSG has aggressively integrated computer applications into our data management, economic analysis, fiscal projection, document preparation, and client Interface activities. Our capabilities in these areas are as follows: in Data Management: RSG employs a customized parcel-based data management system to store, categorize and summarize land use, situs condition, assessment information, and infrastructure data. This system incorporates a graphics component that facilitates the presentation of data in tabular and graphic formats. ROSENOW SPEVACEK GROUP,INC. HUNTINGTON BEACH REDEVELOPMENT PROJECT JULY 31.1998 -B- PROPOSAL FOR PLAN AMENDMENT SERVICES County Assessment Roll: RSG subscribes to the TransamericalMetroscan property information service for 19W99 Orange County assessment and ownership informaton. This CD-ROM product will be an integral component of RSG's engagement; permitting rapidly affordable access to sales comparables,assessed values,and parcel maps. ■ Document preparation: RSG utilizes MicrosolS Worn! for Windows 7.0 for document preparation;this program can read and write most IBM-PC and Macintosh fifes,and is capable of converting files into all major word processing applications. Spreadsheets are generated employing hlicrosoft Excel 6.0.which is fully compatible with Lotus 1 2-3. x E-Mail: to our capacity as contract staff to client agencies, RSG is required to prepare letters, memos, resolutions, and staff reports formatted for client stationery, ready for signature. We transmit these documents and associated data via e-mail. ROSENOW SPEVACEK GROUP,INC. HUNTINGTON BEACH REDEVELOPMENT PROJECT JULY 31,1998 -7- PROPOSAL FOR PLAN AMENDMENT SERVICES s Frank J.Spevaciek Rosenow Spevacek Group-Primipai Principal in charge of redevelopment implementation and housing activities. Specializes in redevelopment project implementation, economic development strategies, and housing program development and implementation. Project Manager of the Coronado, El Cajon, La Ouinta, Lemon Grove, County of San Diego and San Pablo implementation engagements. In this capacity analyzes development proposals, conducts developerluser negotiations, strictures project financing, analyzes market conditions, stru=res development agreements, and implements projectlagreement. Served as the Executive Di.-ector of the California City Redevelopment Agency. Genge Consultants of Southern Calftrnla-Project Manager Directed a team of public policy and land-use planners in developing specific plans, environmental impact reports, site plans and tract maps. Responsibilities also included processing developer proposals through government agencies and client relations. City of Culver City,California-Adrninistrative Assistant Assistant to the Chief Administrative Officer responsible for developing the annual operating and capital improvement budgets. Coordinated the development of a computerized management information system and a program-performance budgeting system. City of Santa Monica, Calftmia-Administrative Assistant Staff Assistant to the City Manager responsible for special projects in the areas of redevelopment and municipal finance. EDUCATION • M.P.A.University of Southern California • Certificate in Environmental Management-University of Southern California ■ B.A. University of California, Irvine - Socia' Ecology/Emphasis in Urban Planning and Public Policy MEMBER 1 fs Former Member-City of Santa Ana Planning Commission(1983-1991) a Board of Directors-Santa Ana Chamber of Commerce * Associate Member-Urban Land Institute ROSENOW SPEVACEK GROUP,INC. HUNTIN WON BEACH REDEVELOPMENT PROJECT JULY 31.1998 -8- PROPOSAL FOR PLAN AMENDMENT SERVICES James C.Simon Rosenow Spevacek Group-Associate Handles annual reporting requirements and creates bonding capacity, cash-flow, and capital improvement program budgeting analyses. Develops annexation, incorporation, and reorganization studies for cities and special districts, housing and fue-year implementation plans, development impact reports, and pro forma analysis. Prepares documentation for redevelopment plan adoptions. Mr. Simon has worked in these capacities for the County of San Diego and the Cities of Chula Vista, La Quinta, El Cajon, Solana Beach, Huntington Beach, Coronado, and Palm Springs. He has also consulted various non-C.ty clients, including the Los Angeles Unified School District,the Bahan Family Trust,and Coto de Caza,Ltd. Rosenow Spevacek Group-Senior Analyst Assisted project manager in redevelopment plzin adoption and implementation activities, including compilation and analysis of property information management system. Forecasted revenues and expenditures for debt financings. Conducted field assessment surveys of property conditions and businesses. Mr.Simon has worked in these capacities for the Cities of Palm Desert, Carlsbad, Big Bear Lake,Ontario,and Lemon Grove. EDUCATION R University of California, Irvine-Certificate in Light Construction and Development Management (in progress) ■ University of California, Irvine-Certificate in Marketing for the Residential Builder(in progress) ■ B.A. California State University, Fullerton - Business Administration - Entrepreneurial Management Concentration MEMBERSHIPS ■ Commissioner,City of Laguna Niguel Planring Commission(1998) ■ City of Laguna Niguel Environmental Review Board,City Council Appointee(1996-1998) ROSENOW SPEVACEK GROUP,INC. HUNTINGTON BEACH REDEVELOPMENT PROJECT JULY 31.1998 -9- PROPOSAL FOR PLAN AMENDMENT SERVICES 1� �l �Consulir. Melecio G. Pic=o Rosenow Spevacek Group-Analyst Responsible for assisting with redevelopment plan adoption and project implementation, creating financial projections such as tax increment financing,planning and scheduling project activities,and coordinating with all parties involved in the redevelopment process. Conduct research on land use and other redevelopment issues. Mr. Picazo has worked in this capacity for the Cities of Burbank, Hemet,Huntington Park,Orange,Rancho Pa'os Verdes,Ventura,and Westminster. City of Huntington Park-Planning Intem Assisted in the planning, implementation, and monitoring of redevelopment and economic development activities. Performed related research and analysis. Maintained records regarding project activity. Researched and prepared staff reports to the Redevelopment Agency Board, and Planning Commission meetings. Assisted i,-1 the preparation of contracts and development agreements. Responsible for the coordination of the Agency's land acquisition efforts. Coordinated activities with technical and professional consultants, contracts, and City staff. Responsible for the preparation of spreadsheets to monitor the Agency's financial transactions and operations. City of Temple City-Public Services Intern Provided administrative support services to the Public Works, Parkway Maintenance, and Public Safety Divisions within the Public Services Department. Assisted with the preparation of administrative staff reports. Compiled and analyzed data in support of Public Works projects. Assisted with related research in preparation of the City budget. EDUCATION B.S.California State Polytechnic Universitl Pomona-Urban and Regional Planning ROSENOW SPEVACEK GROUP,INC. HUNTINGTON BEACH REDEVELOPMENT PROJECT JULY 31.1998 -10• PROPOSAL FOR PLAN AMENDMENT SERVICES Price Proposal RSG proposes to provide the services outlined in the Scope of Services on a time-and-materials basis for a fee not to exceed$15,500. Included in the proposed budget are the follovh-ig items: ■ Plans/Reports: Preliminary Plan, Redevelopment Plan text, Restated Redevelopment Plan, Report to Council,Staff Reports and Resolutions ■ Address Labels/Notices: Property owner, business owner, residential and business occupant,and taxing agency ■ Schedule:Prepare,monitor and update the Amendment schedule • Meetings: The Project Manager, and, in some cases, Associate, will attend the following meetings: ■ StafflAttomey(4 meetings) ■ City Council/Redevelopment Agency EoardlPlanning Commission(3 meetings) a Project Area Committee Meetings(2 Formation Meetings and 3 Committee Meetings) ■ Public Hearing/1st Reading of Ordinance(2 meetings) Additional meetings will be charged on a time-and-materials basis at the hourly rates presented in this section. ■ Project Files: RSG will distribute twelve (12) 3-ring binders for project documents to appropriate staff,special counsel and agency board members. RSG will maintain a document reference file containing a!I correspondence, studies, reports, memos, plans, transmittals, maps, photographs, certified mailing receipts, and meeting minutes. The reference file will be entered as part of the public record during the public hearing. ■ Exclusions: Not included in the fee are ecsts associated with the Optional Services, and any State Board of Equalization and County filing fees,as applicable. • Invoicing: Invoices will be issued monthhy and are payable upon receipt, unless otherwise agreed upon in advance. Invoices will identify tasks completed to date, hours expended and the hourly rate. ROSENOW SPEVACEK GROUP,INC. HUNTINGTON BEACH REDEVELOPMENT PROJECT JULY 31,1998 -11 - PROPOSAL FOR PLAN AMENDMENT SERVICES • Scope of Work Modification:In the event the scope of work should change to a degree that would alter the fee, RSG will contact the Agency in writing and submit a revised fee schedule prior to the commencement of work. Requests for extra work will be documented, and a completion time and compensation amount will be submitted for approval prior to initiating work. ■ Hourly Fee Schedule:Additional services would be charged on a timeand-materials basis per the following fee schedule: Position Biding Rate Prins al S 125 Associate 100 Ana t 80 Word Processor 40 ■ Reimbursable Expenses: It is RSG's policy to not charge clients for mileage, parking, telephone-fax expense, postage, and incidental copies. We do, however, change clients for additional insured certificates, messenger services, Express Mail/Federal Express costs, and copies of reports,documents,notices and support material. These costs are charged at actual expense,plus a 10%surcharge. Insurance Coverage RSG carries general liability insurance in the amount of $1,000,000 combined single limit per occurrence with a $2,000,000 general aggregate; fire damage liability in the amount of$50,000; and medical expense liability of$5,000; automobile liability for non-company owned automobiles in the amount of $1,000,000 combined single limits; $1,000,000 pro%, ssional liabifity; and workers compensation and employees liability insura=e in the amount of $1,000,000. A Certificate of Insurance will be supplied upon request. RSG provides all employees with full-paid medical insurance coverage. ROSENOW SPEVACEK GROUP,INC. HUNTINGTON BEACH REDEVELOPMENT PROJECT JULY 31.1998 -12- PROPOSAL FOR PLAN AMENDMENT SERVICES statement of Qualifications This section summarizes the redevelopment project adoptionlamendment engagements Wherein RSG has prepared the required redevelopment and financial documents; managed the adoption activities; and staffed project area committee and Community meetings. To date, RSG has managed over 90 redevelopment formation/amendment/merger projects. COSTACONTRA Sari Pablo Redevelopment Agency Tenth Township Amendment Adopted 3197 Legacy Redevelopment Project Adopted 3197 Hercules Redevelopment Agency Dyna-nite Project Area Amendment Scheduled 12198 California City Redevelopment Agency Project Area Adoption Adopted 7/88 Ridgecrest Redevelopment Agency Project Area Adoption Adopted 11/86 Proj----d Area Amendment Adopted 6191 iOSANG' ELES 6OUN' -TY W: Bell Community Development Agency Project Area No.1 and No.2 Merger/ Adopted 7/86 Project Area No.1 Amendment Bell Gardens Redevelopment Agency Projed Area Adoption Considered 6187 Redevelopment Plan Amendment Scheduled for 1/99 Burbank Redevelopment Agency South San Fernando Adopted 6197 Redevelopment Project West Olive Plan Amendment Scheduled 12198 Carson Redevelopment Agency Eminent Domain Amendment to PA.No.1 Adopted 6/96 Eminent Domain Amendment to PA.No.3 Adopted 6196 6th Amendment to PA No.1 Adopted 7/96 Ameniiment'Merger of PA.2&3 Adopted 7196 Compton Redevelopment Agency Project Area Amendment Adopted t 1192 ROSENOW SPEVACEK GROUP.INC. HUNTINGTON BEACH REDEVELOPMENT PROJECT JULY 31,1998 .13. PROPOSAL FOR PLAN AMENDMENT SERVICES Cudahy Redevelopment Agency _ Second Project Area Amendment Adapted 11/92 Third Project Area Amendment Adopted 7/93 Culver City Redevelopment Agency Project Area No.1 Amendment Adopted 12189 Diamond Bar Redevelopment Agency Ecoiomic Revitalization Project Area Adopted 7/97 Huntington Park Redevelopment Agency Proj:tt Area Amendment Adop".ed 10/95 Lawndale Redevelopment Agency Ecolomic Revitalization Project Scheduled 3/99 Lomita Development Commission Lorrita Improvement Project Pending Santa Monica Redevelopment Agency Earttiquake Recovery Project Adopted 6/94 West Ho'lywood Redevelopment Agency Eastside Redevelopment Project Adopted 6/97 Whittier Redevelopment Agency Whittier Boulevard Project Area Amendment Adopted 11/92 Greenleaf Project Area Amendment Adopted 1994 • COUkW Brea Redevelopment Agency Project Area AB Amendment Adopted 12/97 Buena Park Redevelopment Agency Central Business District Amendment Adopted 7181 Project Area No.11 Adoption Adopted 7186 Fountain Valley Agency for Industrial Area Amendment Adopted 4/97 Community Development Garden Grove Community Project Area Amendment/Merger Adopted 7192 Development Agency Huntington Beach Redevelopment Agency Project Area Amendment/Merger Adopted 12196 La Palma Community Development Agency Project Area AdopUon Adopted 11/82 Mission Viejo Community Prcject Area Adoption Adopted 7/92 Development Agency Orange County Community Sang Ana Heights Project Area Adopted 1986 Development Agency Santa Ana Heights Amendment Scheduled for 7/98 Orange Redevelopment Agency Tustin Street Project Area Amendment Adopted 7188 Northwest Project Area Adoption Adopted 7/88 Southwest Project Area Amendment Adopted 7188 Southwest Amendment No.3 Adopted 7/96 Santa Ana Community Development Agency South Main Project Area Amendment Adopted 7195 Inter-City Project Area Merger Abandoned North Harbor Project Area Amendment Abandoned South Harbor Project Area Amendment Adopted 1992 ROSENOW SPEVACEK GROUP.INC. HUNTINGTON BEACH REDEVELOPMENT PROJECT JULY 31.1998 -14- PROPOSAL FOR PLAN AMENDMENT SERVICES Westminster Redevelopment Agency Feasibility Study to Delete Amendment No.4 Completed ,'RIVERSIDE COUNi-i Corona Redevelopment Agency Drrurntaown&Project Area"A" Adopted 7198 Merger/Amendment Hemet Redevelopment Agency UyrSchool Project Area Abandoned 7/92 Combined Commercial Project Area Adopted 4196 La Quinta Redevelopment Agency Praject Area No.2 Adoption Adopted 4189 Project Area No.1 Amendment Adopted 3195 Palm Desert Redevelopment Agency Project Area No.3 Adoption Adopted 7/90 Project Area No.4 Adoption Adopted 7/93 SAN • • Big Bear lake Improvement Agency Big Bear Lake Project Abandoned Fontana Redevelopment Agency Siena Corridor Commercial Project Area Adopted 6/92 SWIP Amendment No.5 Project Area Adopted 6192 County of San Bernardino Ncrion A.F.B.Redevelopment Project Adopted 7190 (Inland Valley Development Agency) Udorville Redevelopment Agency Seventh and'M Street Amendments Abandoned 7189 Bea,Valley Redevelopment Amendment Adopted 11192 Victor Valley Economic Development George AAF.B.Redevelopment Project Adopted 12193 Authority 1998 Redevelopment Plan Amendment Adopted 6198 • C OUMM Chula Vista Redevelopment Agency Towq Centre II Project Area Amendment Adopted 7188 Soulhvrest City Project Area Adopted 11190 Southwest City Project Area Amendment Adopted 5191 Bayiront Plan Amendment Adopted 6198 Ta.vn Centre I Plan Amendment Adopted 6198 Coronado Community Development Agency Community Development Plan Adopted 1185 Community Development Plan Amendment Adopted 6/91 El Cajon Redevelopment Agency Project Area Amendment Adopted 7/87 City of Encinitas Project Area Adoption Abandoned 9191 Lemon Grove Community Project Area Adoption Adopted 11186 Development Agency ROSENOW SPEVACEK GROUP,INC. HUNTINGTON BEACH REDEVELOPMENT PROJECT JULY 31.1998 -15- PROPOSAL FOR PLAN AMENDMENT SERVICES National City Community Development Dovmtown Project Area Amendment Adopted 7195 Commission Poway Redevelopment Agency Redevelopment Plan Amendment Adopted 6193 City of San Diego Redevelopment Agency SDSU Project Area Adoption Adopted 11l93 North Park Blight Study Completed 19N County of San Diego Upper San Diego River Improvement Project Adopted 7189 San Marcos Redevelopment Agency Project Area No.1 Adoption Adopted 7183 Project Area No.2 Adoption Adopted 7M Project Area No.3 Adoption Adopted 7189 Project Area No.1 Amendment Adopted 7193 Solana Beads Redevelopment Agency Projed Area Adoption Adopted 7190 Vista Redevelopment Agency Project Area Adoption Adopted 7187 City of Santa Barbara Redevelopment Eminent Domain Amendment Scheduled for 12198 Agency Redevelopment Plan Amendment Scheduled for 6199 County of Santa Barbara Isla'Alsta Redevelopment Project Adopted 11MO Redevelopment Agency County of Ventura Redevelopment Agency Piru Earthquake Recovery Project Adopted 7195 Camarillo Redevelopment Agency Camarillo Redevelopment Project Area Adopted 6196 Port Hueneme Redevelopment Agency NCEL(Military Base Reuse) Adopted 11197 Redevelopment Project Area Cent-al Community Redevelopment Scheduled for 11198 Project Amendment San Buenaventura Redevelopment Agency Midtcwn Corridor Project Scheduled for 12198 1 ROSENOW SPEVACEK GROUP,INC. HUNTINGTON BEACH REDEVELOPMENT PROJECT JULY 31,1998 -16- PROPOSAL FOR PLAN AMENDMENT SERVICES �Xv MFiI��i0r� �ve'.Sc►<r�►T Companies Invited to Submit Propsais Tv 7,iq t or-I ri le Cleeks o rc e The following companies were invited to submit proposals to prepare the Amendment to the Redevelopment Plan to institute eminent domain authority for the Downtown Project Area: 1. Urban Futures 2. GRC & Associates 3. Rosenow Spevacek Group i A r r CERTIFICATE ( 'I LIABILITY INSURANCE,} DATSEP�25 98 Y, PRuJUC 7111S CERTIFICATE LS KSUED AS A IAATTE:R OF INFORSLATION ONLY CDCO(L1•GELI�R&ROARER L�iSURANCE AGENCY AND CONFERS NO RICKS UPON T11F CERTIFICATE HOLDER. TIIIS DACI IELSON,SUITE 100 CERTI"CAIM DOES NOT AML%D, EXTEND OR ALTER'DIE.COVERAGE If:VLti"E CA 92612 n/� /J/C� AFFORDED BY 77i1;POLLC[ES BELOW.(, N COMPANIES AFFORDING COVERAGE INSURED &nlxaez COMPANY A: CK( ROSENOII'SPEVACEK GROUP lNc COMPANY 8: FREIIONWTl,1fbEA1NITV— —�— Sao N GOLDEN CIR 1305 SANN'TA ANA CA 92705 o 11,04 C016IPANY C: COMPANY D: I COMPANY E: COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THL POLICY PERI[1D INDICATED, NOTl1'ITIISTANIDINC ANY REOUIR MENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PENTAI►. I Ht INSURANCE AFFOR060 BY Trill-POLICIES DCSCRIWi D IiZRCiii 1S SUalECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NNsai TYPE OFINSLMANCE POL,CYNL7►1RER Poucr[mrn�[ roucritniAYi LL�IRS LTa DAT11MN7MM % DA1rt 0IN11[YT51 (.LNLI AL WRILM 11127765751 JAN 14 98 JAN 14 99 LACH J)CCURRbNCL X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Arty Om Fire) S ISO,000 CLAIMS MADE OCCUR MED.EXP(Any Om per we) S 5,000 A PERSONAL A ADV INJURY f 1,DDO,D00 GENERAL AGGREGATE f I,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCMLCOMPfOP AGO_ f I,00O,000 POLICY n,F,*<aT nLOC Aulumot L UASIutY Cl 27765765 JAN 14 98 JAN 14 99 COMBINED SINGLE LIMIT If ANY AUTO (La otweml I ALL OWNED AUTOS BODILY IH)URY Q y {Per Perao�J f 1,000,000 SC)II'DUtI;D AUTOS �� 5 A X HIRED AUTOS BODILY INJURY f I D00,000 X WON OWNEDAUTOS G Z�' ���; ;. 'Y 7 (Per ncidrn) y ell . ttc 9' [PROPERTY DAMAGE f I,000,000 GARAGE LIAAIUTY �DJ'v AUTU ONLY-EA ACCIUkNT IS ANY AUTO OTHER THAN EA ACC NY7 3 AUTO ONLY: AGO t ExgL,m L(ABIuiY Li Z7 6377P VIAN•,1=r.'3 ' ::.k 14 9!1 EACH O(rURRLHI'E R , OCCUR ❑ CLAIMS MADE AGGREGATE S I,000,000 B IHCL U ll DEDUCTIBLE = EXCL If IIAORKER-S COMPENSATION AND %7`99423S6312 JAN la 98 JAN la 99 FAIPLOYEAS'LIAlIM Y YiJirIT3�--� B B.L.EACH ACCIDENT s 1,000,004 E L DISEAS&EA EMPLOYE!: s 1,000,000 E.L.01SEA&F—FOL.ICY UFAti IS 1,000,000 I-1ILR:P110=10NAL EO-800303 11AR 198 MAR 199 $1,000,0N FACII CLAINt C LIABILTIY $1,000,000 AGGREGATE DE.�CRIPTIeON OF OPERATIONSILOCATIONSJVEIIICLES1SPLCIAL iTENIS CITY OP IIUlfriNIGT0.+1 BFACI1,FFS AG&NTS,UYFiCERS A1U EMPLOYEES MIMED AS ADDITIONAL INSURED •EXCEPT I0 DAY NOTICE OF CANCELLATION FOR NON PAYII[ENT OF PREINIM11 CERTIFICATE 11OLDER ADDMONAL MURM ML'RER LtrMitt CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TILE FCPIRAT*N DATE THEREOF, THE ISSUING COMPANY WILL MAIL 30 DAYS WRITTEN CITY OF llU? NGTOY BEACH NOTICE TO THE CERTIFICATE IIOLDLR NAMED TO THE LEFT. I'I'3 AGENTS,OFFICERS AND EMPLOYEES ATIN: GUSTAVO DURAN 2000 MEN STREET �IirniJl I:LLl IILPR A 1 iwrNmNGTON HEACII.CA 926l8 ACORD 25-5(719Ty Cemfitate 8 246