Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Rosenow Spevacek Group, Inc. - 2009-11-16
Council/Agency Meeting Held: A;�� Ozow Deferred/Continued to: XAp roved Conditionally Ap roved 7 ❑ Denied 11�_� CIe)V9 Signat e _T Council Meeting Date: December 20, 2010 Department ID Number: ED 10-050 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL/REDEVELOPMENT AGENCY ACTION SUBMITTED TO: Honorable Mayor/Chairman and City Council/Agency Members SUBMITTED BY: Fred A. Wilson, City Administrator/Executive Director PREPARED BY: Stanley Smalewitz, Director of Economic Development/Deputy Executive Director SUBJECT: Adopt Resolution No. 2010-103 designating a Redevelopment Survey Area for project study purposes and authorize an appropriation of $10,904 and Amendment No. 1 to the existing contract between the Redevelopment Agency and Rosenow Spevacek Group, Inc. Statement of Issue: Staff is requesting City Council approval of a resolution to designate a survey area as the first step in the process for the inclusion of additional non-residential parcels into the existing Huntington Beach Merged Redevelopment Project Area as well as a contract Amendment and appropriation of additional funds and for services required under the contract. Financial Impact: Funds are available in Merged Project Professional Services (Fund 30580101.69325). City Council Recommended Action: Adopt Resolution No. 2010-103, "A Resolution of the City Council of the City of Huntington Beach Designating a Redevelopment Survey Area for Project Study Purposes." -and- Redevelopment Agency Recommended Action: Approve an appropriation of $10,904 and Amendment No. 1 to the existing contract between the Redevelopment Agency of the City of Huntington Beach and Rosenow Spevacek Group, Inc. for services required under the contract. Alternative Action(s): Do not adopt the resolution, Amendment, and appropriation and provide staff with direction. HB -131- Item 5. - 1 REQUEST FOR COUNCIL ACTION MEETING DATE: 12/20/2010 DEPARTMENT ID NUMBER: ED 10-50 Analysis: In a previously adopted Strategic Plan, a goal was established to create a land use plan for the reuse of critical commercial parcels with a focus on promoting investment and improvement at these impaired sites. The Economic Development Department contracted with Tierra West Advisors to conduct a windshield survey of fifty (50) shopping centers within the City to categorize them by their current physical state. Staff presented the results at a City Council study session and organized a Mayor's Forum at which the results were presented to shopping center owners. At that time, Staff was directed by the City Council to move forward with a feasibility analysis to determine whether blight existed within the centers as well as other commercial parcels sufficient to qualify for an amendment to the Merged Redevelopment Project Area. Increasing the commercial areas within the Redevelopment Project Area would enable the Agency to utilize its financial tools to assist in the improvement of the area through a variety of programs, including loans and grants to property owners. It would assist the Agency in its efforts to create opportunities for commercial businesses and expand local job possibilities which might not otherwise be possible without the tools available through the Redevelopment Agency. The Agency issued an RFP and contracted with GRC Associates, Inc. in May 2008 to conduct a feasibility study of 87 commercial shopping centers, auto dealerships, and other selected nonresidential parcels to determine the possibility of inclusion into the Project Area. The results of the study were presented at a Council Study Session in March 2009 with a recommendation that the Agency pursue an amendment to the Merged Project Area. Staff received direction at the study session to undertake that effort. The Rosenow Spevacek Group, Inc. (RSG) was selected in November 2009 through a competitive bid process to provide Project Area Amendment Consulting Services. As a result of their analysis, the total acreage possible for inclusion is an additional 132 parcels on 166 acres, which includes only commercial sites and some limited industrial sites around the Gothard/Slater area. An overview of the analysis will be presented at the City Council Study Session on December 20, 2010, and staff was directed to move forward with the amendment process. California Community Redevelopment Law, Health and Safety Code Section 33310 requires that the legislative body designate a survey area by Resolution. The purpose of the survey area is to identify the boundaries of the overall area to be studied, so that boundaries of the proposed added area can be refined. The boundaries and a preliminary amendment will be brought to the Planning Commission and Redevelopment Agency Board for consideration and approval in the future. The overall project and various approvals at local, regional, and state levels are anticipated to take 12 months to complete. Moving forward with the Resolution at this time is a necessary step in the amendment process and provides transparency to the public as to the efforts made to expand the Project Area. It does not, however, obligate the City to continue its efforts to amend the project area if, in the future, the City should choose not to proceed with the amendment. Due to the intensive effort to amend a project area and the potential for future legislative action that could make it more difficult, if not impossible, to succeed in such an effort, the Agency asked RSG to evaluate and re-evaluate additional parcels to ensure the maximum number of qualifying commercial sites were considered. As a result, the consultants were Item 5. - 2 HB -132- REQUEST FOR COUNCIL ACTION MEETING DATE: 12/20/2010 DEPARTMENT ID NUMBER: ED 10-50 required to spend additional time evaluating and researching parcels that exceeded some line items in the approved project budget. The consultants and Agency engaged in several meetings beyond that which was originally anticipated, including conducting meetings with the County and providing them with preliminary detailed financial analyses in order to determine whether such a plan amendment would be supported by the County, since it would impact the future property tax revenue they would receive. In total, the additional work resulted in unanticipated expenditures of $46,991. However, costs for the Environmental Impact Report and associated optional tasks have been reduced by $36,087 from their original estimates. Therefore, the total amount needed to cover the request for additional funding is $10,904. This action will require an amendment to the existing contract, which was approved on November 16, 2009. Environmental Status: Not applicable at this time; however, if redevelopment plan amendment adoption activities are initiated, a program environmental impact report would be prepared in accordance with California Redevelopment Law and the California Environmental Quality Act guidelines. Strategic Plan Goal: Enhance Economic Development Attachment(s): ® - o 0 1. Resolution 2010-103, "A Resolution of the City Council of the City of Huntington Beach Designating a Redevelopment Survey Area for Project Study Purposes" 2. Proposed Amended Budget of Rosenow Spevacek Group, Inc. for Plan Amendment Consulting Services 3. Amendment No. 1 to the Agreement Between the Redevelopment Agency of the City of Huntington Beach and Rosenow Spevacek Group, Inc. for Plan Amendment Consulting Services HB -133- Item 5. - 3 ATTACHMENT # 1 Item 5. - 4 rvn -134- RESOLUTION NO. 2010-103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DESIGNATING A REDEVELOPMENT SURVEY AREA FOR PROJECT STUDY PURPOSES WHEREAS, the Redevelopment Agency of the City of Huntington Beach ("Agency") is engaged in activities necessary to carry out and implement the California Community Redevelopment Law(Health and Safety Code Section 33000 et seq.)("Redevelopment Law"); and In furtherance of the Redevelopment Law, the City Council of the City of Huntington Beach ("City Council") has previously adopted the Huntington Beach Redevelopment Project Area and the Southeast Coastal Redevelopment Project Area; and In connection with the adoption of the Huntington Beach Redevelopment Project Area and the Southeast Coastal Redevelopment Project Area, the City Council previously designated redevelopment survey areas in accordance with the Redevelopment Law;and For redevelopment project study purposes, the City Council now desires to designate the area depicted on Exhibit "A" attached hereto and incorporated herein by reference as an amended redevelopment survey area ("Amended Redevelopment Survey Area"). The Amended Redevelopment Survey Area encompasses the entire City of Huntington Beach city limits except for properties already included in the existing Huntington Beach Redevelopment Project Area and the Southeast Coastal Redevelopment Project Area; and The purpose of the City Council in designating the Amended Redevelopment Survey Area is to enable the City Council and the Agency to proceed with studies to determine the feasibility of potential redevelopment activities within the Amended Redevelopment Survey Area. NOW,THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: l. That the Amended Redevelopment Survey Area(as depicted on Exhibit"A")requires study to determine if a redevelopment project or projects within the Amended Redevelopment Survey Area are feasible. 2. That consideration of a redevelopment project or projects within the Amended Redevelopment Survey Area is in the best interests of the City. 3. That the City Council designates the Amended Redevelopment Survey Area as a redevelopment survey area pursuant to the Redevelopment Law. 1 1 0-26 8 1/5 4 1 88 Resolution No. 2010-103 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 20th day of December , 2010. r REVIE D APPROVED: INITIATED AND APPROVED: zz?�� City mi istrator Director of E is Development APPROVED AS TO FORM: City Attorney 2 10-2681/54188 Resolution No. 2010-103 EXHIBIT"A" AMENDED REDEVELOPMENT SURVEY AREA BOUNDARIES [behind this page] _ ■ A .�unmu=u=Y :ni11 1•l1./1 :r�u�� a `� a ,� �,;, n � r„��+.�:.■■ft ��� r 1 Y € 1 � Ell ESL• ! /! OR 7 � rye ��, � a 1 �� e�:� c.• L * i 3, n 3 E a r Ali! E r Res. No. 2010-103 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on December 20, 2010 by the following vote: AYES: Shaw, Harper, Hansen, Carchio, Bohr, Dwyer NOES: None ABSENT: Boardman ABSTAIN: None CiV Clerk and ex-officid4lerk of the City Council of the City of Huntington Beach, California ATl'AC H M E NT #2 He -139- Item 5. - 9 CD 3 Ul PROPOSED REVISED PLAN AMENDMENT CONSULTING SERVICES BUDGET-ROSENOW SPEVACEK GROUP,INC. Current `Wxpended d Ai I aF �, "i Required ServicesB d e�;> Date re11 ues#ed �"-New1id a ��r: � ':. .. !.P> 9.; ... g �. ' Hirt *1... .. Via:. Kick Off Meeting&Data Collection $3,660 $4,225 $56$,,, $4,225 Additional time was required for additional data collection Prepare Amendment Schedule $855 $220 $220 $1,075 Need to budget for updating schedule for new base year and maintaining it throughout process Designation of Survey Area $4,720 $3,701 $Q $4,720 ;; Assessment of requested areas conducted in detail per agency staff and legal counsel; Assessment of Project Area and Added $14,020 $39,902 ,�' $25,,882` $39,902 additional review for amendment will be charged to amendment documents Map and Legal Description $8,500 $0 $0 $8 500 Environmental Review $164,515 $0 •„ $�Q,53$� $153,980 Reduced scope of services due to fewer sites than anticipated Prepare Amendment Reports $36,290 $0 «M;;'$1,000 $37,290 Cover costs of anticipated additional reports and deliverables Public Hearing Notices $1,040 $0 $Q $1,040 Multiple meetings were required to refine area to be recommended to be added to Project Area. Given complexity of amendment process the need for additional project team meetings Agency Staff Meeting $915 $6,0201, � $7,23,V $8,150 is envisioned. Original proposal did not include preliminary consultation with County and various analysis required. Additional dialogue with county and perhaps other taxing agencies included in Taxing Entity Impact Analysis $0 $6,180 $61`SA' $6,180 original contact. Reimbursable $0 $196, �' $0? $0 Planning Commission Meetings,two $1,830 $0" $0; $1,830 Agency/City Council Meetings $5,490 $0 $5$ ,4 90 Community Workshops 2 $2,490 $0 �$0 $2,490 Joint Public Hearing $1,830 $0 n $Q $1,830 = Responses to Objections $1,880 $0 $Q,; $1,880 UJ Sub Total Less Optional services $248,035 $60,444 . _.., ,547 $278,582 Wl Current ExpendedtoAdditiona/ In 3 E .. 0 #Ian 1 S@ CeS w Bud" t ' Date equeS#e,,,• $sw" _4 �... , �t , ' Draft Staff Reports and resolutions $4,200 $0 0 4,200 Assessment of Added Areas $10,780 $13,444 $2,664" $13,444 Additional assessment of areas was required per approved optional services Prepare Amendment/Reports $16,070 $0 - `$0,; $16,070 Transmit Notice to Res/Bus-to include transm to Taxing Ags $18,940 $0 ,, $t3,' $18,940,, a •.,. EIR Geology and Soils $3,550 $0 $685'' $2,865 Reduced scope of services due to fewer sites than anticipated EIR Hydrology and Water Quality $0 $0 „$3,j45 $3,245 RBF revised scope and removed this from required services to optional EIR Land Use $1,725 $0 23Q $1,535 Reduced scope of services due to fewer sites than anticipated EIR Scoping Meeting $3,550 $0. $0 $3,550 Environmental Review $24,677 $0 -$24 677, $0 Not needed since fewer sites than anticipated will be reviewed in the EIR Sub Total Optional Services $83 492 $13,444 -$19,643' $63,849 . Grind Total $31527 $73,$88 $3�32�t31 ATTACHMENT #3 AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AND ROSENOW SPEVACEK GROUP, INC. FOR PLAN AMENDMENT CONSULTING SERVICES THIS AMENDMENT No. 1 is made and entered into by and between the REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, a public body corporate and politic, hereinafter referred to as "Agency", and ROSENOW SPEVACEK GROUP,INC.,a California corporation,hereinafter referred to as "Consultant." WHEREAS, Agency and Consultant are parties to that certain agreement, dated November 16, 2009, entitled "PROFESSIONAL SERVICES CONTRACT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AND ROSENOW SPEVACEK GROUP FOR PLAN AMENDMENT CONSULTING SERVICES," which agreement shall hereinafter be referred to as the"Original Agreement,"and Since the execution of the Original Agreement, Agency has requested additional work from Consultant and Consultant has agreed to perform such work; and Agency and Consultant wish to amend the Original Agreement to reflect the additional work to be performed by Consultant,and the additional compensation to be paid in consideration thereof by Agency to Consultant, NOW, THEREFORE,it is agreed by Agency and Consultant as follows: 1. ADDITIONAL WORK Consultant shall provide to Agency the additional services as set forth in the revised plan amendment budget document attached hereto as Exhibit "A," and incorporated by this reference as though fully set forth herein. 2. ADDITIONAL COMPENSATION In consideration of the additional services to be performed hereunder as described in Section 1 above, Agency agrees to pay CONSULTANT an additional sum not to exceed Ten Thousand Nine Hundred Four Dollars ($10,904.00). The additional sum shall be added to the original sum of Three Hundred Thirty One Thousand Five Hundred Twenty Seven Dollars ($331,527.00) for a new total contract amount of Three Hundred Forty-Two Thousand Four Hundred Thirty One Thousand Dollars($342,431.00). 1 092265.001/55948 3. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties h reto have caused this Agreement to be executed by and through their authorized officers on �-rn,( a�� o?O ,20/0. ROSENOW SPEVACEK GROUP REDEVELOPMENGT AGENCY OF THE CITY OF HUNTINGTON BEACH, a public body a print name ITS: (circle one)Chairman/Presiden ice Presiders Ch AND By: '� e c Clerk �svca�J +I ,� print name INITIATED AND APPROVED: ITS: circle one)Secre Chief Financial O f—i( s .Secretary-Treasurer Deputy Exesue Director REVIE D APPROVED: APPROVED AS TO FORM: /Axoutive Director `)*-- �i-N-�.,.�.. r /z I-/Z.oa Agency Counsel 2 092265.001/55948 Plan Amendment RSG r.r4 � Y-_,�i_ .0 t yam, "t-rr.. att ?!fi .� i IS•-I �; �i A f{j,ald }�.k h �+ t h`y l s Y_ r iv rt r, .rl )�.�{.�1fpd.�eNiCBS Kick Off Meeting&Data Collection $3,660 $4,225 ,I,h.' + 5;; $4,225 Additional time was required for additional data collection W Need to budget for updating schedule for new base year and maintaining it throughout Prepare Amendment Schedule $855 $220 ,,.,1 Sv+ $1,075 process Designation of Survey Area $4,720 $3,701 ,"'; $a,!s $4,720 Assessment of requested areas conducted in detail per agency staff and legal counsel; r k'j rP Assessment of Project Area and Added $14,020 $39,902, $39,902 additional review for amendment will be charged to amendment documents Map and Legal Description $8,500 $0 $0" $8,500 Environmental Review $164,515 $153,980 Reduced scope of services due to fewer sites than anticipated Prepare Amendment Reports $36,290 $0MMObM, $37,290 Cover costs of anticipated additional reports and deliverables Public Hearing Notices $1,040 $1,040 Multiple meetings were required to refine area to be recommended to be added to Project Area. Given complexity of amendment process the need for additional project team Agency Staff Meeting $915 $6,020 ` , '1 7,,235 $8,150 meetings is envisioned. Original proposal did not include preliminary consultation with County and various analysis required. Additional dialogue with county and perhaps other taxing agencies included in Taxing Entity Impact Analysis $0 $6,180 $6,180 original contact. Reimbursable $0 $196r $0 Planning Commission Meetings,two $1,830 $0 }, p:' $1,830 Agency/City Council Meetings $5,490 $0 y! , ,$D: $5,490 Community Workshops 2 $2,490 $Or ` gyp:,` $2,490 Joint Public Hearing $1,830 $0 , 0, $1,830 Responses to Objections $1,880 $0 ', ,,r, $0,.' $1,880 Sub Total Less Optional services $248,035 $60,444 r r;;�Hi,H $278,582 '►reFJjfk�ted�o,� �, r ar��. ,ti.,,:' t � ,. ,,, ,i, �o�"ps„+,a . � ,.st;.,, c ri r ` Draft Staff Reports and resolutions $4,200 $0 $4,200 Assessment of Added Areas $10,780 $13,444 $2,ii�d`: $13,444 Additional assessment of areas was required per approved optional services Prepare Amendment/Reports $16,070 $011 Transmit Notice to Res/Bus-to include transm to Taxing Ags $19,940 $0 $18,940 EIR Geology and Soils $3,550 $0 4 1, $ 851 $2,865 Reduced scope of services due to fewer sites than anticipated EIR Hydrology and Water Quality $0 $0't g',x 4 ',' $3,245 RBF revised scope and removed this from required services to optional EIR Land Use $1,725 $0N „! + 4091 $1,535 Reduced scope of services due to fewer sites than anticipated EIR Scoping Meeting $3,550 $0,I`b � 0 - $3,550 Environmental Review $24,677 $0, r,.;,,fi;'fi , �$0 Not needed since fewer sites than anticipated will be reviewed in the EIR Sub Total Optional Services $83 492 $13 444m 1� $63,849 iran�ao �t 5 31 ' 7 838 h i b t} $ 4 631 Mr f _® City ®f Huntington Beach 2000 Main Street ® Huntington Beach, C! 92648 ® OFFICE OF THE CITY CLERIC ® JOAN L. FLYNN CITY CLERK January 18, 2011 Rosenow Spevacek Group, Inc. Attn: Jim Simon, Principal 309 W. 4" Street Santa Ana, CA 92701-4502 Dear Mr. Simon: Enclosed for your records is a copy of Amendment#1 to the Professional Services Agreement between the Redevelopment Agency of the City of Huntington Beach and Rosenow Spevacek Group, Inc. for Plan Amendment Consulting Services. Sincerely, toanL. Flynn, CIVIC City Clerk JF:pe Enclosure G:followup:agrmtltr Sister Cities: Anio, Japan Waltakere, New Zealand (Telephone:714-536-5227) 7, Council/Agency Meeting Held: Q� Deferred/Continued to: or — An roved ❑ Conditionally Approved ❑ Denied0 to le Signat r Council Meeting Date: 11/16/2009 Department ID Number: ED 09-67 CITY OF HUNTINGTON-BEACH REQUEST FOR REDEVELOPMENT AGENCY ACTION SUBMITTED TO: HONORABLE CHAIR AND REDEVELO T AGENCY MEMBERS SUBMITTED BY: FRED A. WILSON, EXECUTIVE DIR PREPARED BY: STANLEY SMALEWITZ, DEPUTY EX CUTIVE DIRECTOR 5�A SUBJECT: APPROVE AGREEMENT WITH ROSENOW SPEVACEK GROUP, INC, FOR PLAN AMENDMENT CONSULTING SERVICES Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Approve a Professional Services Agreement with Rosenow Spevacek Group, Inc. for Plan Amendment Consulting Services related to the expansion of the Huntington Beach Merged Redevelopment Project Area. Funding Source: The contract will be funded by Merged Project Professional Services. (Fund 30580101.69325) Recommended Action: Motion to: Approve and authorize the Chair and Agency Clerk to execute the Professional Services Agreement between the Redevelopment Agency of the City of Huntington Beach and Rosenow Spevacek Group, Inc. for Plan Amendment Consulting Services. Alternative Action(s): Do not approve the Professional Services Agreement and direct staff as appropriate. REQUEST FOR REDEVELOPMENT AGENCY ACTION MEETING DATE: 11/16/2009 DEPARTMENT ID NUMBER: ED 09-67 Analysis: In January 2007, Council Member Don Hansen brought forth an "H" item directing staff to initiate a shopping center study which reviewed the current conditions and methods to improve the centers. Economic Development contracted with Tierra West Advisors to conduct a windshield study of shopping centers. The study was presented at a City Council Study Session in June 2007, which consisted of a survey of 50 shopping centers within the City and categorized them by their physical state. Shopping center owners were invited to a Mayor's Forum at which the results of the survey were presented and potential redevelopment was discussed. At the Study Session, staff was directed to move forward with a feasibility analysis to determine whether blight existed within the 50 centers, as well as other parcels, that were identified. Staff was also directed that the analysis cover only commercial properties and not to include a consideration of eminent domain. In addition, the City's first Strategic Plan was adopted in August 2006. As part of the Strategic Plan, a goal was established to create a land use plan for the reuse of critical parcels with a focus on promoting investment and improvement of economically blighted sites, which the expansion of the Merged Project Area would accomplish. As directed by the City Council, staff issued a Request for Proposal (RFP). GRC Associates, Inc. (GRC) was selected to complete a feasibility study. The feasibility study consisted of 87 commercial shopping centers, auto dealerships, and other selected nonresidential parcels throughout the City to determine the possibility of inclusion into the Huntington Beach Merged Redevelopment Project Area. The goal was to determine whether there was sufficient legal evidence to support inclusion of blighted properties into the existing Merged Project Area, thus allowing the Agency to use the financial tools of Redevelopment law to help revitalize these Centers. Within the study area, 24 centers/sites exhibited the characteristics of both economic and physical "blight," as defined under California Redevelopment Law, for a total of approximately 139 acres, to be added to the existing 619 acre Merged Project Area. The results of the study were presented at a City Council Study Session on March 2, 2009. At that session, City Council directed staff to proceed with the recommendations made by GRC to pursue an amendment to the Huntington Beach Merged Redevelopment Project Area. An RFP for Redevelopment Plan Amendment Consulting Services was issued on May 26, 2009. The RFP was posted on the City's website, the website of the California Redevelopment Association, and was mailed to six consultants. Four proposals were received by the deadline, which were reviewed and scored by a committee of staff members from three departments. The Rosenow Spevacek Group, Inc. (RSG) was recommended by the committee to perform the tasks necessary to prepare the Plan Amendment. The total contract amount is not to exceed $331,527, which includes the tasks identified within the scope of work Exhibit A of Attachment 1, as well as additional tasks which may be necessary to complete the process. Specifically, there may be additional sites to consider, which could also impact the estimated costs of environmental review as well as other related tasks within the scope of work. .2. 11/4/2009 8:46 AM REQUEST FOR REDEVELOPMENT AGENCY ACTION MEETING DATE: 11/16/2009 DEPARTMENT ID NUMBER: ED 09-67 Strategic Plan Goal: Enhance Economic Development. Environmental Status: N/A Attachment(s): City Clerk's Paioe Number o a . . 1. Professional Services Contract Between the Redevelopment Agency of the City of Huntington Beach and Rosenow, Spevacek Group, Inc. for Plan Amendment Consulting Services -3- 11/4/2009 8:46 AM ATTACHMENT # 1 PROFESSIONAL SERVICES CONTRACT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AND Rosenow Sjoevacek Group, Inc. FOR Plan Amendment Consulting Services Table of Contents 1 Scope of Services.....................................................................................................1 2 Agency Staff Assistance. ....................................... ............................................2 3 Term;Time of Performance.....................................................................................2 4 Compensation ..........................................................................................................2 5 Extra Work...............................................................................................................2 6 Method of Payment..................................................................................................3 7 Disposition of Plans,Estimates and Other Documents ...........................................3 8 Hold Harmless.........................................................................................................3 9 Professional Liability Insurance.............................................................................4 10 Certificate of Insurance......................:.....................................................................5 11 Independent Contractor............................................................................................6 12 Termination of Agreement.......................................................................................6 13 Assignment and Delegation.............................................................. ....................6 14 Copyrights/Patents...................................................................................................7 15 Agency Employees and Officials..........................................................................:..7 16 Notices.........................................................................................7 17 Consent....................................................................................................................8 18 Modification........... ..............................................................................................8 19 Section Headings.....................................................................................................8 20 Interpretation of this Agreement..............................................................................8 21 Duplicate Original....................................................................................................9 22 Immigration...............................................................................................................9 23 Legal Services Subcontracting Prohibited..................... 24 Attorney's Fees..........................................................................................................10 25 Survival.....................................................................................................................10 26 Governing Law.........................................................................................................10 27 Signatories................................................................................................................A o 28 Entirety........................................................................................................... .......to 29 Effective Date..................................................................................I I PROFESSIONAL SERVICES CONTRACT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AND Rosenow Spevacek Group, Inc. FOR Plan Amendment Consulting Services THIS AGREEMENT ("Agreement") is made and entered into 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 Gowen, Inpevacek a CA Corporation hereinafter referred to as "CONSULTANT." WHEREAS, AGENCY desires to engage the services of a consultant to -Perform Plan Amendment Cons u1 i ng Services ;and Pursuant to documentation on file in the office of the Agency Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE,it is agreed by AGENCY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Jim Simon, Principal who shall represent it and be its sole contact and agent in all consultations with AGENCY during the performance of this Agreement. agree/surfneUagency prof secs chairman 12-07 1 of 11 2. AGENCY STAFF ASSISTANCE AGENCY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM:TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on November 17 20 09 (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than two (2) years from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by AGENCY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, AGENCY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Three Hundred Thirty-One Thousand Five Hundred and Twenty-Seven Dollars Dollars($ 331,527.00 ). 5. EXTRA WORK In the event AGENCY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from AGENCY. Additional agree/surfnet/agency prof svcs chairman 12-07 2 of 11 compensation for such extra work shall be allowed only if the prior written approval of AGENCY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 7. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder,including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to AGENCY, and CONSULTANT shall turn these materials over to AGENCY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by AGENCY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless AGENCY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) 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. CONSULTANT will conduct all defense at its sole cost and expense and AGENCY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of agree/surfnet/agencq p o1 secs chairman 12-07 3 of 11 whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to AGENCY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars($1,000,000.00)per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention without the express written consent of AGENCY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work(including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify AGENCY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. 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 work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the AGENCY with required proof that insurance has been procured and is in force and paid for,the AGENCY shall have the right, at the AGENCY's election, to forthwith terminate this Agreement. Such termination shall not agree/surfnedagency pi of s cs chairman 12-07 4 of 11 effect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the AGENCY for any work performed prior to approval of insurance by the AGENCY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to AGENCY a certificate of insurance subject to approval of the Agency Counsel evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. shall promise that such policy 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 coverage in force until the work under this Agreement is fully completed and accepted by AGENCY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. AGENCY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner,the premiums on the insurance hereinabove required. agree/surfneUagency pof secs chairman 12-07 5 of 11 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of AGENCY. CONSULTANT shall secure at its own cost and 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 PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. AGENCY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the 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. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of AGENCY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, clelegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of AGENCY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. agree/surfnet/agency piol secs chairman 12-07 6 of 11 14. 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. 15. _ AGENCY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no AGENCY official nor any regular AGENCY employee in the work performed pursuant to this Agreement. No officer or employee of AGENCY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to AGENCY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. AGENCY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail-return receipt requested: TO AGENCY: TO CONSULTANT: Redevelopment Agency of the Jim Simon, Principal City of Huntington Beach Rosenow Spevacek Group, Inc. ATTN: Director of Economic Development 2000 Main Street 309 W 4th Street Huntington Beach, CA 92648 Santa Ana CA 9 701-450 . agree/surfnet/agency prof Svcs chairman 12-07 7 of 1 I 17. CONSENT When AGENCY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever agree/sudnet/agency prof secs chairman 12-07 8 of 11 there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. 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. 23. 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 Agency Counsel is the exclusive legal counsel for AGENCY; and AGENCY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof,each party agree/surfnevagency prol secs chairman I2-07 9 of 11 shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify AGENCY fully for any injuries or damages to AGENCY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. CONSULTANT'S Initials 1 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this agree/surfnedagency pro I'svcs chairman 12-07 10 of 11 Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the Agency Chairman. This Agreement shall expire when terminated as provided herein. CONSULTANT, REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH,a political body of ROSenOW Snevacek Group, Tnc- the State of California COMPANY NAME %X /S do��' By: Chairman Agency Clerk )l /r1V print name ITS: (circle one) hairman resident/Vice President INITIATED AND APPRO ED: AND L Deputy Executive Director 6SI41- A, iW4. 1e`-- ITS: (circle onr)Secrctary/ hief Financial Officer/Asst. APPROVED AS TO FORM: Secretary—Treasurc'r. REVIE D APPROVED g Y Counsel enc Date Exec#vr4rector agree/surfneVagency prof secs chairman 12-07 11 of 11 PROFESSIONAL SERVICES CONTRACT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF ff NTINGTON BEACH AND Rosenow Spevacek Group, Inc. FOR Plan Amendment Consulting Services Table of Contents 1 Scope of Services.....................................................................................................1 2 Agency Staff Assistance..........................................................................................2 3 Term;Time of Performance.....................................................................................2 4 Compensation ..........................................................................................................2 5 Extra Work...............................................................................................................2 6 Method of Payment..................................................................................................3 7 Disposition of Plans,Estimates and Other Documents ...........................................3 8 Hold Harmless.........................................................................................................3 9 Professional Liability Insurance.............................................................................4 10 Certificate of Insurance............................................................................................5 11 Independent Contractor............................................................................................6 12 Termination of Agreement.......................................................................................6 13 Assignment and Delegation......................................................................................6 14 Copyrights/Patents...................................................................................................7 15 Agency Employees and Officials.............................................................................7 16 Notices.........................................................................................7 17 Consent....................................................................................................................8 18 Modification.............................................................................................................8 19 Section Headings.....................................................................................................8 20 Interpretation of this Agreement..............................................................................8 21 Duplicate Original.................................................................................. ..............9 22 Immigration...............................................................................................................9 23 Legal Services Subcontracting Prohibited................................................................9 24 Attorney's Fees..........................................................................................................10 25 Survival.....................................................................................................................10 26 Governing Law.........................................................................................................10 27 Signatories.................................................................................................................10 28 Entirety......................................................................................................................10 29 Effective Date.................................................................................11 EXHIBIT "A" A. STATEMENT OF WORK: The Consultant's scope of work entails preparation of various documents and provision of redevelopment, environmental and civil engineering consulting services necessary to expand the boundaries of the Merged Huntington Beach Redevelopment Project Area to incorporate approximately 24 commercial projects within the City limits. The specific tasks include the following: 1) Kickoff Meeting and Data Collectoin 2) Preparation and Administration of Plan Amendment Schedule 3) Designation of a Redevelopment Survey Area 4) Field Assessment of Proposed Added Areas 5) Preparation of School Facilities Forecast 6) Amendment to the Preliminary Plan 7) Preparation of Added Area Map and Legal Description 8) Environmental Review, including EIR Scoping Meeting 9) Preparation of Amended Redevelopment Plan 10) Preparation and Transmittal of the Preliminary Report 11) Preparation of the Report to the City Council 12) Preparation of Public Notices and Transmittals to Taxing Agencies 13) Preparation of Responses to Written Objections 14) One (1)Agency Staff Meeting 15) Two (2)Planning Commission Meetings 16) Three (3) Agency Board/City Council Meetings 17) Two (2) Public Workshops 18) One (1)Joint Public Hearing Optional services that may be provided under this contract at the discretion of the client include the following items: 19) Draft Staff Reports and Resolutions 20) Transmit Notices to Residents,Businesses and Property Owners 21) EIR Geology and Soils Report 22) EIR Land Use and Relevant Planning 23) Assessment of up to 15 additional commercial centers for the Added Area 24) Preparation of Amendment/Reports for 15 additional centers 25) Environmenta Review of 15 additional centers B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: The Consultant shall provide the services necessary to prepare the documents identified in the Statement of Work, and shall be responsible for coordination of the engagement in a timely and efficient manner. Specific duties and responsibilities include the following: EXHIBIT A Page 1 of 2 EXHIBIT"A" 1) Coordination and management of subconsultants (RBF Consulting and Kenneth A. Wilch and Associates) 2) Management of the project schedule, including delivery of products within Client's specified deadlines 3) Coordination with Client's project manager on engagement 4) Preparation of administrative draft and final versions of documents as per project schedule C. WORK PROGRAM/PROJECT SCHEDULE: The preliminary work program/project schedule is set forth below. Due to the nature of this engagement, it may be necessary to extend the time period to prepare documents, reach consensus on the ultimate boundaries and scope of the Redevelopment Plan Amendment, and other constraints, the schedule is subject to change. Activity Approximate Date Contract Executed November 2009 Survey Area Designated December 2009 Assessment of Added Areas and Boundary April 2010 Selection; Preparation of Amendment to Preliminary Plan, Finalize Map and Legal Description Initial Study/Notice of Preparation May/June 2010 Transmit Statement of Preparation and August 2010 School Facilities Forecast Preparation of Preliminary Report and October/November 2010 Draft EIR Preparation of Report to City Council January 2011 Joint Public Hearing March 2011 Plan Amendment Ordinance Considered April 2011 EXHIBIT A Page 2of2 EYMBIT "B" Payment Schedule(Fixed Fee Payment) 1. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. Principal/Director: $195 Senior Associate: $160 Associate: $140 Senior Analyst: $110 Analyst: $100 Research Assistant: $ 90 Technician: $ 70 Clerical: $ 60 Reimburseable expenses: Cost plus 10% 2. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) 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 E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 4. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. 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 CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours Surfnet Exhibit B EXHIBIT B Fixed Fee Payment worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. Surfnet Exhibit B EXHIBIT B Fixed Fee Payment DATE IDDIYYY A00,60�, CERTIFICATE ®e LIABILITY INSURANCE 2/24V/2009Y1 PRODUCER (714)836-9945 FAX: (714)836-9946 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION The Empire Company ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 550 Parkeenter Drive ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 205 Santa Ana CA 92705-3521 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A:Hartford Insurance 19682 Rosenow Spevacek Group, Inc. INSURERB:Oak River Insurance 309 W. Fourth Street INSURER c:National Union Fire Ins. INSURER U. Santa Ana CA 92701 INSURERE: OVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. yrMAYHAVESE REDUCED BY PAID CLAIMS. INSR ADD'L TYPE OF INSURANCE POLICY NUMBER DATE IMMIODCYYE POLICY MM11D!ON LIMITS GENERAL LIABILITY ti EACH OCCURRENCE S 1,000,000 X COMMERCWLGENERALUABILITY DAMAGE TO RENTED 300,000 P M E Ea Otto ce $ A CLAIMSMADE OCCUR 72SBMK6040 3/1/2009 3/1/2010 MEDEXP An one Person) $ 10,000 PERAONALB $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEWL AGGREGATE LIMIT APPLIES PER: s 21000,000 X POLICY JPERQ LAC AUTOMOBILE LIABILITc:Y� COMBINED SINGLE LIMIT ANYAUTO (Eaacddent) $ 1,000,000 A ALLOWNEDAUTOS 72SBAAH6040 3/l/2009 3/1/2010 BODILY INJURY $ I SCHEDULED AUTOS (Per person) X HIREDAUTOS BODILYINJURY s }[ (Per accident) . NONAVLMED AUTOS APR ROVED AS TP FORM PROPERTY DAMAGE S (Per accident) GARAGELIABIUTY '��� /��qr�+y� ¢.� i ANY AUTO _ IYJ,(�rCTRA H, i'`J' AUTO ONLY,EA ACCIDENT $ -� OTHER THAN EA ACC S AUTO ONLY: A $ EXCESS)UMBRELLAL.IABILITY EACH $ 2,000,000 GSIil3EL - X OCCUR CLAIMS MADE AGGREG T 2,000,000 S A DEDUCTIBLE 72sBAAH6040 3/1/2009 3/1/2010 s _ �XRETENVON 10 000 rr $ . B WORKERS COMPENSATION AND X T Y L IT- O H- EMPLOYERS'LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE E.L.EACH ACCIDENT S 1,000,000 OFFICERIMCMOEREXCLUDED? 2210018884-091 3/1/2009 3/1/2010 1,000,000 It yes,describe under E.L.DISEASE-EA EMPLOYEES SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT S 1,000,000 C OTHER Errors & Omissions QN72532B 3/l/2009 3/1/2010 each Wron gful Act 2,000,000 Aggregate 2,000,000 Deductible 10,000 DESCRIPTION OF OPERATLUr:S!LOCATIONSNEHICLES1EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS City of Huntington Beach, its agents, officers and employees and when applicable, the RedevelopmentAgenoy of the City of Huntington Beach are named as Additional Insureds per form SSO449 attached.Waiver of subrogation per form SS1215 attached.*10 day notice of cancellation shall apply for non-payment of premium. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Redevelopment Agency of the EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL MAIL Cit', of Huntington Beach 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,MX Attll: David C. Biggs y4"M�l(�sMIK1 Mx")6u"Y"*xx"Xu""X*X 2000 Main Street Huntington Beach, CA 92648 AUTHORIZED REPRESENTATIVE Larry Jones/ERICA ACORD 25(2001/08) ©ACORD CORPORATION 1988 INC09G m,no�n:.., Pano a n[y Y CITY OF HUNTINGTON BEACH Professional Service Contracts Purchasing Certification 1. Date: 10/13/2009 2. Contract Number: ECD 67()570-3 F OO 3. Department: Economic Development 4. Requested by: Simone Slifman x 5186 5. Name of consultant: Rosenow Spevacek Group, Inc. 6. Attach the written statement of the specification, conditions, and other requirements for the requested services provided to solicited consultants. RFP and circulation list attached. 7. Amount of the contract: $331,529 8. Are sufficient funds available to fund this contract?' ❑ Yes ® No 9. Is this contract generally described on the list of professional service contracts approved by the City Council?* ® Yes ❑ No 10. Business Unit and Object Code where funds are budgeted: 11. Is this contract less than $50,000? ❑ Yes ® No 12. Does this contract fall within $50,000 and $100,000? ❑ Yes ® No 13. Is this contract over$100,000? ® Yes ❑ No (Note: Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make sure the appropriate signature page is attached to contract.) 14. Were formal written proposals requested from at least three available qualified consultants? ® Yes ❑ No 15. Attach list of consultants from whom proposals were requested (including a contact telephone number). Please see attached. 16. Attach proposed scope of work. Please see attached. 17. Attach proposed payment schedule. Please see attached. Department Head Si Bcgnature CHARZ D IL Central Services Manager *If the answer to this question is"NO," the contract will require approval from the City Council List of Proposers Pacific Municipal Consultants 2729 Prospect Park Drive, Suite 220 Rancho Cordova, CA 95670 Contact: Philip Carter Phone: (916) 361-8384 Rosenow Spevacek Group, Inc. 309 West 4th Street Santa Ana, CA 92701 Contact: Jim Simon Phone: (714) 316-2120 The Davis Company 11150 Santa Monic Blvd., Suite 230 Los Angeles, CA 90025 Contact: Michael Davis Tierra West Advisors, Inc. 2616 East 3Td Street Los Angeles, CA 90033 Contact: John Yonai Phone: (323) 265-4400 Revelo ment Plan Amendment Consulting Services Evaluation Summary Weight Factor Dahle Kellee Fritzal Simone , Rami Talleh Total Total Rank Analysis of Evaluations Made Bulosan Slifman Scores - Weighted Scores I I Responsiveness:Does the proposal demonstrate an understanding of the project and respond to the RFP'in its`entirety by presenting'an"overall good and complete 25> proposal?. See Dahle and Simone's reasons for their scores.Both are valid yet opposing view points. Rami felt the proposal does not demonstrate understanding of the The Davis Company 2.00 3.50 ;.;4.50 2.00 12.00 300.00 project. See Kelle and Simone's reasons for their scores. Dahle &Rami felt the proposal indicates an understanding of PMC 4.0011;,- 1',50 2.00 ; 4 00 x" 11.50 287.50 the project. RSG 5.00 4.00 3.75 3.00 15.75 393.75 _ Tierra West Advisors 5.00 4.00 3.75 4.00 16.75 418.75 I = Approach:,Did the consultant's proposal describe a thorough and logical process, thatdernonstrates a clear capability to undertake,the Plan Amendment and 25 produce�a'quality product? See Kellee's comments.She is unsure the bidder understood they need to do a blight analysis. Per Rami, The Davis Company 3.00 3.00 ;`,5.00 2.00 13.00 325.00 no real approaches provided. Rami felt the proposal clearly outlines the approach.Dahle felt the proposal provides clear& detailed methodology of project.Kellee felt proposal r does not demonstrate the logicalprocess that could accomplish task.Simone felt proposal references doing Fx "all tasks as necessary"but does not indicate what the PMC 4 00 2.00,, 2.00'' �;y� 4.00_�x 5 12.00 300.00 many critical tasks actually entail. RSG 4.00 3.50 4.00 3.00 14.50 362.50 Tierra West Advisors 4.00 3.50 4.00 3.00 14.50 _ 362.50 Experience:Does the proposal demonstrate consultant's•knowledge.and experience with at least five similar local and complex projects withi6 the last three 20 years?-% - The Davis Company 3.00 1 4.00 L 4.00 4.00 15.00 300.00 Per Kellee,proposal only listed one similar portion of PMC 3.00 0.00 1.00 4.00 8.00 160.00 the project,just the EIR for a Redevelopment Plan. RSG 5.00 4.00 4.50 4.00 17.50 350.00 1 See Simone's comments.Two of five projects mentioned in proposal are still in progress and not Tierra West Advisors 5.00 3.50 3.00 4.00 15.50 310.00 complete. Not enough detail on individual qualications. 1 of 2 Revelopment Plan Amendment Consulting Services Evaluation Summary I I Weight Factor Dahle Kellee Fritzal Simone," Rami Talleh Total Total Rank Analysis of Evaluations Made Bulosan Slifrnan; ' Scores Weighted= Scores 15 ".Cost&Fee Proposals: Ist the fee proposal reasonable? The Davis Company j 3.00 2.00 j, 2.50 3.00 10.501 157.50 PMC 5.00 1.00 `'�` `3.00-,,'�',x; 4 00 13.00 195.00 See everyone's comments on this fee proposal. RSG 3.00 2.50 3.00 3.00 11.50 172.50 Tierra West Advisors 4.00 3.00 4.50 1 3.00 14.50 217.50 Qualifications of Consultani&Subconsultant(s):Is the information provided in the 15; proposal,sufficient to determine capability of consultants&subconsultant(s)? The Davis Company 4.00 4.00 4.25 1.00 13.25 198.75 See Kellee and Simone's concerns about the Lr_ k. PMC .4.00 -. x1 00 _ ,ia2 00 ,?r: 400 11.00 165.00 qualifications of the firm with regard to this project. RSG 5.00 3.50 4.00 4.00 16.50 247.50 Tierra West Advisors 1 4.00 2.50 3.50 4.00 14.00 210.00 Lack of detail provided on subconsultants. Dahle; Kellee Frizlal Simone.; Rami Talleh ,`: Total - -; -<Rank: _- Bulosan Slifman Werghted Scores ;e The Davis Company 290.00 332.50 1 418.75 240.00 1,281.25 3 PMC 395.00 117.50 195.00 400.00 1,107.50 4 RSG` x;. ": ;: 445 00 357.50 388.75 -- ;:;335.00 1,52615= 1 Tierra West Advisors 445.0'0 340.00 373.75 360.00 1,518.75 2 2 of 2 Individual Ranking 450.00- ®The Davis Company 400.00 350.00-z "pg, T 300.00- A-11 1111 PMC 46 250.00- INFI, "Al -Z -,�J"", 200.0O V!, 0 RSG A NKJ IfI 150.00- "W" 100.00- 50.00- 0 Tierra West Advisors 0.00 x\ell' cO\N RCA ROUTING SHEEP INITIATING DEPARTMENT: Economic Development SUBJECT: Approve Agreement with Rosenow Spevacek Group, Inc. for Plan Amendment Consulting Services COUNCIL MEETING DATE: November 16, 2009 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement (w/exhibits if applicable) Attached (Signed in full by the City Attorney) I Not Applicable ❑ Subleases, Third Party Agreements, etc. ! Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached Not Applicable ❑ Fiscal Impact Statement (Unbudgeted, over $5,000) Attached Not Applicable ❑ Bonds (If applicable) Attached ❑ Not Applicable Staff Report (If applicable) Attached El Not Applicable 0 Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RET RNED FOR"A QM Administrative Staff �( ) ( Deputy City Administrator (Initial) ( ) r City Administrator (Initial) ( ) ) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: Only)__(Be1,o.wSpqce For City,01qjV�iWe RCA Author: Slifman 5186 City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK November 18, 2009 Rosenow Spevacek Group, Inc. Attn: Jim Simon, Principal 309 W. 4" Street Santa Ana, CA 92701-4502 Dear Mr. Simon: Enclosed for your records is a copy of the Professional Services Contract between the Redevelopment Agency of the City of Huntington Beach and Rosenow Spevacek Group, Inc. for Plan Amendment Consulting Services. Sincerely, J n L. Flynn, CMC City Clerk JF:pe Enclosure G:followup:agrmtltr Sister Cities: Anjo, Japan m Waitakere, New Zealand (Telephone:714-536-5227)