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HomeMy WebLinkAbout1991-11-12 - AGENDA REPORTS - SURVEY AREA SCRDA (2)AGENDA REPORT City Manager Approval Item to be presented /1n CONSENT CALENDAR Lynn M. Harris DATE: November 12, 1991 SUBJECT: Authorization for City to Enter. Into a Professional Services Agreement for the Preparation of a Redevelopment Survey Area Report for the.Santa Clarita Redevelopment Agency Resolution No. 91-164 DEPARTMENT: Community Development BACKGROUND: The City's first Community Strategic Plan was finalized in August 1991. Within this plan, community issues were identified and an action plan was formulated to implement the specific needs, including community redevelopment activities. Action Plan No. 4 of the Strategic Plan recommends the completion of a redevelopment survey as the first step required toward the adoption of a redevelopment plan. Previously; the City Council approved the activation of the Redevelopment Agency and also declared itself the Redevelopment Agency through Ordinance 89-27. Further, the City Council adopted a redevelopment survey area through Resolution 90-19. Requests for proposals (RFPs) for preparation of a redevelopment plan to nine (9) consulting firms, and five (5) responses were received. A City staff team, including an attorney from Burke, Williams & Sorenson experienced in California Redevelopment Law, interviewed four (4) prospective firms. The staff team unanimously recommended GRC Redevelopment Consultants, Inc. (GRC). Reference checks indicate that GRC is qualified to complete associated tasks in a timely and.professional manner. The first phase of the 24 month redevelopment planning process as recommended by GRC Redevelopment Consultants, Inc. begins with. the preparation of a redevelopment survey area report. The purpose of the report is to review the 21,000 acres in the designated survey area and establish the geographic area where legal requirements for blight and urbanization could be met. The survey area report is estimated to be completed approximately four to five months from commencement of work. The not -to -exceed cost for preparing the redevelopment survey area report is $61,283.50 and would be appropriated from the Community Development - Economic Development 1991-92 FY Program Budget. The contract agreement between the City and GRC contains provisions and explanation of the scope of work to be performed, amount and manner of compensation, schedule and time for performance, conflict of interest, indemnity and insurance, a liquidated damages clause, and has been approved to form by the City. Attorney. Additionally, GRC -will also file a Certificate of Insurance with the City Clerk's office as requi a by the Agreement. Adopted: 11-I3— Agenda Item: RECOMMENDATION: Adopt Resolution No. 91-164, authorizing and approving the attached professional services agreement between. the City and GRC Redevelopment Consultants, Inc. ATTACHMENTS: 1. Resolution No. 91-164 2. Professional Services Agreement LMH:MH:DDP:695 e RESOLUTION NO. 91-164 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AUTHORIZING THE CITY TO ENTER INTO A CONTRACT AGREEMENT FOR THE PREPARATION OF A REDEVELOPMENT SURVEY AREA.REPORT FOR THE REDEVELOPMENT AGENCY WHEREAS, the City Council of the City of Santa Clarita adopted Ordinance 89-27 and activated the Redevelopment Agency and declared, itself the Redevelopment Agency of the City of Santa Clarita; and WHEREAS, the City Council of the City of- Santa Clarita adopted Resolution 90-19, designating the boundaries of a redevelopment survey pursuant to Section 33310 of the California Health and Safety Code; and WHEREAS, a Request for Proposal was sent to nine -(9) qualified redevelopment consultants, five (5) proposals were received and reviewed by City staff, and a consultant was thereafter selected; and WHEREAS, the firm of GRC Redevelopment Consultants, Inc. (GRC) and the Department of Community Development have agreed to a not -to -exceed cost of $ 61,283.50 (Sixty.One Thousand Two Hundred Eighty Three and 50/100 Dollars) for the redevelopment survey area report, as identified in Exhibits A, B, and C of the Professional Services Agreement. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Santa Clarita does hereby consent to, enter into a contractual agreement with GRC Redevelopment Consultants, Inc., for the preparation of a'Redevelopment Survey Area Report for the Santa Clarita Redevelopment Agency. PASSED, APPROVED AND ADOPTED this day of 1991. Carl Boyer, Mayor I ATTEST: Donna M. Grindey, City Clerk STATE OF CALIFORNIA ) COUNTY OF IAS ANGELES) as CITY OF SANTA CLARITA) I, Donna M. Grindey, DO HEREBY CERTIFY that the above and foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita . at a regular meeting thereof, held on the day of 1991 by the following vote of Council• AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Donna M. Grindey, City Clerk PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT IS MADE BETWEEN THE. CITY" OF SANTA CLARITA, A MUNICIPAL CORPORATION, (HEREAFTER THE "CITY") AND GRC REDEVELOPMENT CONSULTANTS, A CALIFORNIA CORPORATION (HEREAFTER THE "CONSULTANT"): THE PARTIES HERETO AGREE AS FOLLOWS: 1. Recitals. This Agreement is based upon the following facts: (a) City. desires professional assistance in performance of Redevelopment Survey Area Report and Study (the "Project") more particularly .described in Exhibit A, attached and incorporated herein by reference; (b) Consultant has been selected to perform the Project, being fully qualified and having agreed to do so subject to the terms and conditions of this Agreement; and (c) City's legislative body has determined that the public interest, convenience and necessity require the execution of this Agreement. 2. Services. Consultant agrees to perform all services described in Exhibit A, and as further clarified in Exhibits B and C. Consultant shall meet and consult with representatives of City at all stages during the conduct of the work required pursuant to this Agreement to assure that the City's designated representative is fully and completely informed as to the nature and extent of the work being performed by Consultant and as to the status and quality of such work. 3. Compensation. City. shall compensate Consultant for itsservices based upon the costs set forth in Exhibit A and incorporated here by reference. The total cost of this contract shall not exceed Sixty One Thousand Two Hundred Eighty Three and 50/100 Dollars ($61,283.50), which represents the not -to -exceed compensation to be paid to Consultant by City (the "Project Fee") for all work -to be done by Consultant pursuant hereto and includes all allowable costs. Such costs shall be.reimbursed only if approved by City as to nature, type and amount. The Project Fee shall include the costs of duplication for all reports and documents• described in Exhibit A. Upon authorization to proceed with this project, the City shall make an initial payment of fifteen percent (15X) of the Project Fee ($ 9,192.50) to the Consultant. Upon receipt of Consultant invoices. submitted as work progresses, the City shall make payments based on percentage of work complete, as mutually agreed upon by the City and the Consultant, and in accordance with the work phases identified in Exhibit A. The project phase invoices shall include a breakdown of phase and tasks being billed for, and shall identify work performed by authorized project staff. The City shall withhold Ten Percent (10X) of each progress payment, including the initial payment. The City shall pay the Consultant the 1OX withheld upon receipt of the Final. Survey Area Report, as identified in Exhibit A. 1of6 Within fifteen(15)days after receipt of a project phase invoice, City shall either approve such invoice or return it to the Consultant specifying any objections. Invoices shall be paid within sixty (60) days after approval, as- set forth in the attached Demand Warrant Register Schedule. (Attachment A.) Upon submission of Consultant's final work products under this agreement, in a scope, nature, and form satisfactory to the City, all final monies shall be. paid to the Consultant. 4. Time for Performance. Consultant shall in good faith utilize its best efforts to perform all of the work required under this Agreement in accordance with the Time Schedule Summary attached as Exhibit B and incorporated herein by reference. During the preparation of the draft(s) of the Project, the consultant shall provide a complete response to all staff comments, concerns, and corrections within fifteen (15) working days of all comments being received. 5. Consultant Staff. The. Consultant Project Staff identified in Exhibit C shall be responsible for completing the activities identified in Exhibit A. Changes of Consultant Project Staff members or other modifications to Consultant's staffing, including subconsultants for this project, shall be made only with the prior written approval of the City. - 6. Status of Consultant. Consultant. shall be deemed for all purposes to be an independent contractor in the performance of work pursuant to this Agreement. This Agreement shall not be deemed, for any purpose, to. have created between the parties hereto a partnership, joint venture or other relationship other than that of independent contractor insofar as Consultant is concerned. Consultant shall .be responsible for obtaining the services of all persons required to perform the work required by this Agreement, including, but not limited to, such subcontractors as Consultant desires to employ as such. Consultant shall advise all such subcontractors that the City bears no obligation for the payment of fees for their services. or costs incurred and that such are the exclusive obligation of Consultant. 7. Changes. The City and Consultant may make changes in the work only if mutually agreed upon. If such changes cause an increase or decrease in the Consultant's cost of, or time required for, performance of any .services under this agreement, whether or not changed by an order, an equitable adjustment in compensation to Consultant shall be made and this agreement shall be accordingly modified -in writing. No such change shall be effectuated except in writing, executed by each party hereto, expressing such changes and reducing or increasing Consultant's compensation based upon such change or changes. 8. Litigation. If City becomes involved in litigation regarding the Project and desires Consultant's assistance or testimony, City shall compensate Consultant for its -services according to the normal hourly rates. 9. Ownership of Documents. .All documents, studies, surveys, drawings, maps, models, photographs and reports as prepared by Consultant, as identified in Exhibit C, pursuant to this Agreement, shall be deemed for all purposes to be the property of the City. All such materials, including originals, shall be transmitted to the City upon completion of the work by Consultant hereunder, or upon sooner termination of this Agreement. No person, including 2 o 6 Consultant, shall be permitted to utilize any of the material referred to in this paragraph without City's prior written consent. 10. Indemnity. Consultant does hereby agree to defend, indemnify, and .hold harmless the City of Santa Clarita .and the respective appointed and elected officers, boards and commissions, agents and employees ("Indemnified Parties') from and against any and all claims and losses, costs or expenses for any damage due to death or injury to a person and injury to any property proximately resulting from any willful misconduct or negligent act or omission of Consultant. or any of its officers, employees, servants, agents, or subcontractors in the performance of work pursuant_ to this Agreement. Liability shall be limited to the amount paid under this contract. such costs and expenses shall include, but not be limited to, reasonable attorney fees. Consultant does hereby agree to defend, indemnify and hold_ harmless Indemnified Parties from and against any damages, liability, loss, costs or expenses which arise out of Consultant's negligent performance of the work under this Agreement provided that such liability, loss, cost or.expense is caused by the act' or omission of Consultant, or any of its officers, employees, servants, agents, or subcontractors in performance of this Agreement. Consultant's obligation to the Indemnified Parties shall include reasonable attorney fees, costs and expenses incurred by the Indemnified Parties in such defense, if Consultant is found ,to have been negligent in performance of work under this Agreement. The provision of liability insurance coverage as required by Paragraph it of this Agreement shall not affect Consultant's obligations under the _indemnity provisions of this Paragraph 10. . 11. Insurance. Consultant shall take out and provide, contemporaneously with the commencement .of work :pursuant to this Agreement, liability insurance coverage in an amount not' less than $500;000.00. Such coverage shall be maintained in full force and effect at all times during the term of this Agreement. Consultant shall take .out and maintain in full force and effect during the; term. of this .Agreement all other, insurance coverage required by law, including, but not limited to, workers' compensation; coverage. All such insurance shall expressly name the City and its agents, officers,` and employees as additional insureds. Consultant shall supply -to City upon execution of this Agreement, a valid certificate of insurance evidencing the existence of all required insurance coverages. Additional or replacement certificates shall be filed with City evidencing the existence of such coverage at all times during the term of this Agreement.- The certificates. of insurance shall contain a provision to the effect that the coverage cannot be cancelled or substantially altered or reduced except upon at least thirty (30) days prior written notice to City. 12. Termination. This Agreement may be terminated at any time prior to the completion of the Project, and without cause, in accordance with the following: a. By City upon fifteen (15) working days written notice, mailed 3 of 6 first class, postage prepaid, or by personal service to Consultant; and b. By Consultant upon fifteen (15) working days written notice, mailed first class, postage prepaid, or by personal service to City. Notices given pursuant to this paragraph shall be deemed to be effective on the tenth (10th) day following the giving of notice. of such termination whether. mailed or delivered. In the event of termination pursuant to this paragraph, Consultant shall be compensated by City pro rata for work performed as of the day of giving of such notice. 13. Notices. Notices to be given pursuant to this Agreement shall be in writing and shall be per served 'upon the party to be notified or shall be deposited in the United States Postal.Service, postage pre -paid, certified and registered, and addressed to the parties as follows: A. CITY: Michael K. Haviland, Contract Manager Department of Community Development 23920 Valencia Boulevard, Suite 300 Santa Clarita, CA 91355 cc: Carl Newton, City Attorney Burke, Williams, and Sorenson 624 W. Grand, 11th Floor Los Angeles, CA 90017 B. CONSULTANT: GRC Redevelopment Consultants, Inc. 2220 East Alosta Avenue Glendora, CA 91740 Attention: Brice E. Russell, Principal Except as otherwise provided in Section 12 above, notices_ given pursuant to this Agreement shall be deemed given on the date of personal service or the fifth (5th) consecutive calendar day following the deposit of the same in the United States Postal Service, or its successor. The individuals named in this paragraph shall be deemed, for all purposes, to be the representatives of the parties to this Agreement and empowered to act, pursuant to the terms of this Agreement, for and on behalf of that party. Either party hereto may, in writing, change the designation of the responsible representative for that party. 14. Conflict of Interest. Consultant covenants. that neither the Consultant, nor any officer. thereof; has any interest, nor shall acquire any interest, directly or indirectly, which will conflict in any manner with the performance of the Consultant services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having such interest shall be employed by Consultant. Consultant further covenants that Consultant has not contracted with nor is the Consultant performing any services directly or indirectly, with any developer and/or property owners and/or firms, and/or partnerships owning property in the City, and further covenants and agrees that consultant and/or its .subcontractors shall provide no service or enter into any contract with any developer and/or property owner and/or firms, 4 of 6 and/or partnerships owning property in the City prior to the completion of this Agreement. 15. Construction. This Agreement shall be construed under the laws of the State of California and shall not be construed against, or in favor of, either party by reason of the fact that it was prepared by one party or the other. 16. Entire Agreement. This Agreement, with attachment(s) and exhibits, constitutes the entire agreement between the parties and each party acknowledges that it is not relying ,on any prior, or contemporaneous, other agreements or representations, .oral or written, in entering into this Agreement. 17. Captions. Numerals. and Headings. Gender and Number. " The captions, numerals and headings used herein are for the purpose of identification. and location of the terms and for ease of reading and shall not be used to alter, amend or otherwise change the plain meaning of the language in the text or the intention of the parties. Wherever gender or number is used, it shall include that gender or number which is appropriate to the context of the language wherein such gender or number is used. 18. Attorneys Fees. Should any party hereto reasonably retain counsel for the purpose of enforcing or preventing the breach of any provision hereof, including but not limited to the institution of any action or proceeding to enforce any provision hereof, for damages by reason of any alleged breach of any provision hereof, for a declaration of such party's rights or obligations hereunder or for any other remedy, then if said matter is adjudicated (which term includes arbitration) the prevailing party shall be entitled, in addition to such other relief as may be granted, to be reimbursed by the losing party for all costs and expenses incurred thereby,, including but not limited to reasonable attorney's fees and costs for the services rendered to such prevailing party. 19. Amendment. This Agreement may be amended only by a writing executed by all of the parties. 20. Counterparts. This Agreement has been executed in two counterparts either of which may be used as an original. One such counterpart shall be delivered to the Obligee when fully executed and the other to the Obligor when fully executed. 21. Waivers. A waiver of any default of an obligation required by this Agreement shall not constitute a waiver of any subsequent default of same, or any other obligation under this Agreement. 22. Time of the Essence. Time is of the.essence to this Agreement. 23. Effective Date. The effective date of this Agreement shall be November 13, 1991. 24. Severability. If any portion of this agreement.is deemed to be void or is held to be invalid, other sections, or portions thereof, of this Agreement shall remain valid and in force, and shall be interpreted as though the void or invalid portion(s) had not been incorporated herein. 5 of 6 25. Liquidated Damages. Should the Consultant fail to complete the work due solely to the Contractor's performance within ten (10) days of the time provided for in Exhibit B or within an extended period of time authorized in writing by the City, or as may be allowed due to delays or for additional scope of work as.authorized, the City will deduct and retain, out of amounts due and owing and any withheld monies which may be due, as liquidated damages, but not as penalty, the sum of One Hundred Dollars ($100.00) per day for each and every day that the work period exceeds the total working days allotted following the period agreed upon the completion of the Project or as extended by the City. Should the Consultant complete the work more than ten (10) days earlier than the time provided in Exhibit B, or more than ten (10) days earlier than an extended period of time authorized in writing by the City, as may be allowed for additional scope of work authorized, the City will pay, as part of the final invoice, the sum of One Hundred Dollars ($100.00) per day for each and every day that the work is completed prior to the days allotted as stated in Exhibit B or as extended by the City. In no event shall the liquidated damages or incentive exceed Five Thousand Dollars ($5000.00). 26. Execution of Agreement. This Agreement must be first executed by the Consultant, or its representative, and approved to form by the City Attorney before it. may be executed on behalf of the City of Santa Clarita. This Agreement, consisting of six (6) pages, one (1) attachment, and three (3) exhibits attached hereto, has been executed as of the _ day of November,' 1991. WHEREFORE, the.parties hereto have caused this Agreement to be executed on the dates set opposite their names.below: GRC REDEVELOPMENT CONSULTANTS, INC.: CITY OF SANTA CLARITA: Date: By: Brice E. Russell, Principal Date: By: George Caravalho, City Manager Attest: Date: By: Donna M. Grindey, City Clerk Approved as to form: Date: By: City Attorney 6 of 6 OST -28-91 MON 20:10 EXHIBIT A Cost Detail for Redevelopment Planning Services (Not -to -Exceed Basis) PART ONE - Boundaries A. Field surveys to isolate areas suitable for redevelopment. Consists of two people physically viewing all areas within the approximately 21,000 acre survey area for the purposes of determining those areas most likely to qualify for blight. Principal: 16 hrs. @ $125 $2,000 Associate: 16 hrs, tai $55 $880 Related expenses Including lodging, auto expenses: $250 B. Preparation of a man showine potential redevelopment areas. Map will be a graphic representation of findings derived from the field surveys (i.e. identification of areas most suitable for redevelopment). Map will he in a "bubble diagram" format with photographs of key areas attached to aid -staff review and understanding of potential redevelopment area(s). Principal: 4 hrs. @ $125 $500 Associate: 3 hrs. @ $55 $165 Graphics Specialist: 5 hrs. @ $45 $225 Photographic documentation (including, film, processing and mounting) $150 C. Meetine with staff. Staff review of map and solicitation of staff comments regarding areas identified on "bubble diagram" map. Principal: 4 hrs. Co $125 Associate 4 hrs. @ $55 1 $500 $220 P. 03 O S T - 2 8- 9 1 MON 20:11 P. 0.4 D. Preparation of study area man. Incorporating staff comments and suggestions for changes to "bubble diagram" map, prepare a refined study area map following specific parcel boundary lines. Map is to show the area which will undergo complete analysis described in Part Two. Principal: 7 hrs. @ $125 $875. Associate: 7 hra. @ $55 $885 Graphics Specialist: 9 hrs. @ $45 $405 E. Presentation of study area map to staff. In a second meeting with staff present the final map outlining the boundaries of an area to be studied in depth as described in Part Two. Principal: 4 firs. @ $125 $500 Associate: 4 firs. @ $55 $220 F. Preparation of final may. Incorporating staff comments into a final map of the areas to be studied under Part Two. Map to be signed off by staff. Principal: • 1 hrs. tib $125 $125 Associate: 1lirs. @ $65 $55 Graphic Specialist: 3 firs. C $45 $135 Estimated Sub -Total $7,590.00 n V OST -28-91 MON 20:11 P. em PART TWO - Survey Area Report Assumes 21,000 acre area (actual acreage will likely cause fees to be reduced). A. Detailed field analysis of study area. Conduct a detailed parcel -by -parcel survey of all parcels within the study area identified in Part One. Data collected for each parcel will include size, land use, condition of buildings, number of tenants/businesses, report on topographic or other irregularities and evaluation of parcel size and shape. Principal: 6 hrs. @ $125 $750 Associates: 395 hrs. @ $55 $21,725 Related expenses including lodging, auto expenses: $2,000 B. Creation of study area data base. Using Los Angeles County Assessor tape data as a base, create a data base file for each parcel of land in the study area. Enter field data into the data base. Tape data from Los Angeles County: $1,360 Database creation and data entry Associate: 55 hra. @ $55 $3,025 C. Meeting with Department Heads. Meet with all key department heads (at a single meeting) to inform them of the redevelopment project and solicit from them information which would help document blight in the study area (e.g. crime statistics from police department, code enforcement problems from building department, fire safety problems from fire department). Principal: 4 hrs. @ $125 $500 Associate: 4 hrs. @ $55 $220 3 OST - 2 3- 9 1 MON 20:1L2 P. 06 D. Draft Survey Area Report. Using the data base and information provided by department heads, locate and quantify parcels of land which meet one or more characteristics of blight as defined in the Health and Safety Code. Prepare from this tabular data graphical information representing blight characteristics in the study' area and a narrative description of those characteristics with specific examples cited. Include in the Survey Area Report photographic documentation of blight characteristics. Principal: 12 hrs. @ $125 $1,500 Associate: 168 hrs. @ $55 $90240 Graphic Specialist: 183 hrs. @ $45 $88235 Photographic documentation (including, film, processing and mounting) $1,375 E. Meetings with Staff. We propose to meet with redevelopment staff twice during Part Two. The first meeting would be a progress report once the field surveys and the data base are complete. The second meeting would be to review the draft of the Survey Area Report and the boundary recommendation contained in that document. Principal: 8 hrs. @ $125 $1,000 Associate: 8 hra. (ry $55 $440 F. Transmittal/Resolution. Prepare transmittal letter. and Agency resolution ratifying the boundaries recommended in the Survey Area Report. Principal: 1 hr. @ $125 $125 Associate: 2 hrs. @ $55 $110 Clerical: 1 hr. Aja $35 $35 G. Document Cast: Draft Document -10 Copies @ $29.75/ea $297.50 Final Document - 50 Copies @ $35.00/ea $10750.00 Estimated Sub -Total $53,687.60 ESTIMATED TOTAL $61,277.50 4 OST -28-91 MON 15:45 4-4 0 P. O'S