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HomeMy WebLinkAbout1995-01-10 - AGENDA REPORTS - CDBG RESID REHAB EARTHQUAKE (2)AGENDA REPORT NEW BUSINESS DATE: January 10, 1995 SUBJECT: CDBG Residential Rehabilitation Earthquake Repair Programs DEPARTMENT: Community Recovery Agency BACKGROUND On August 23, 1994, the City Council concurred with the need to procure specialized technical consultant services to develop specific programs, guidelines, and procedures for addressing Santa Clarita's residential earthquake repair needs. As a result, Requests for Proposals (RFP) were solicited from professionals with demonstrated experience in developing and implementing housing programs for local governments. Upon completion, these programs, guidelines, and procedures will provide direction for both immediate housing rehabilitation activities being undertaken by the City pursuant to federally funded earthquake rehabilitation grants and future redevelopment funded housing programs. The RFP was broad in its scope, specifying that the, selected specialist would develop a comprehensive housing division organizational framework, strategy, and specific activity programs. All of the above would be tailored to a specific needs assessment for the community of Santa Clarita. The RFP sought a specialist with the ability to provide for immediate programs and activities, funded by Community Development Block Grant (CDBG), and Home Investment Partnerships Program (HOME) funds. Long term, the efforts undertaken would provide a foundation and direction for other activities which might be funded through redevelopment's funds or other sources of residential housing improvement, including the community reinvestment act and assessment districts. An essential aspect of the recommended housing programs development process would be. the incorporation of an effective citizen -based ad hoc committee which functions in a policy advisory role to the City Council during the early formation stages of each program. The definition of possible future roles for groups such as Habitat for Humanity and other philanthropic organizations would also be considered. PROCESS The announcement of the RFP was advertised in local papers, and in redevelopment and housing trade journals. Over a dozen firms contacted staff for copies of the RFP. Of these Z -e -f- ` Agenda Item: firms, five submitted proposals, which were reviewed at the staff level. Reference checks were made of the five firms, and four firms were asked to compete in the interview phase of the selection process. A panel was assembled to interview the most qualified firms. The panel consisted of Bart Aikman of Transworld Bank, Brad Berens of the Santa Clarita Valley Senior Center, Diane Newberry of the Santa Clarita Valley Association of Realtors, and City Councilmembers Clyde Smythe and Jan Heidt. Don Duckworth, Community Recovery Agency Consultant and Sarona Becker, Administrative Analyst, observed the panel interviews. Panelmembers were provided with copies of each proposal prior to the interviews, and were encouraged to ask questions regarding any part of any proposal or presentation. On December 1, 1994, the panel participated in a half-day interview process involving the following four housing firms: Comprehensive Housing Services, Inc. of Fountain Valley; GRC-Copenhaver Inc., in cooperation with Goldfarb & Lipman from Diamond Bar, Rosenow Spevacek Group based in Santa Ana, and QUAD Consultants of Bakersfield and Visalia. These firms were "short listed" based on their reputations and experience with similar housing implementation and analysis-type projects. The team of GRC-Copenhaver Inc and Goldfarb & Lipman was selected by the panel to undertake the comprehensive housing strategy based on several factors. GRC-Copenhaver has considerable experience in both the redevelopment and housing arenas, specifically completing housing programs and projects in the Cities of Brea, Claremont, Cypress, La Mirada, and Stanton. GRC-Copenhaver is currently assisting the Community Recovery Agency with technical redevelopment assistance, which provides the firm with a working knowledge of the unique housing issues facing the City, The law firm of Goldfarb & Lipman project team for Santa Clarita includes the former Chief Housing Attorney for the U.S. Department of Housing and Urban Development Office in San Francisco. ANALYSIS During the January 10 meeting, the City Council will also consider the final statement for the CDBG Emergency Supplemental Appropriation. Community input supported use of these funds for residential rehabilitation/reconstruction programs. Council approval at this time on both items will assist in making these expenditures and thus, the sought after housing improvements, as quickly and effectively possible. The direction provided with respect to CDBG programs would also provide an early framework for the Redevelopment Agency's residential earthquake repair program in that the two efforts should be complimentary.. Staff is recommending that the City Council authorize a contract for professional services with GRC-Copenhaver Inc., at a cost not to exceed $53,100. The source of funds for this contract will be the CDBG Emergency Supplemental Appropriation, which is specially directed to earthquake recovery. Attached is a proposed contract and scope of work which has been agreed upon by GRC-Copenhaver Inc. RECOMMENDATION Staff recommends that the City Council authorize a contract with GRC-Copenhaver, Inc. to perform a comprehensive housing division organizational framework, strategy, and specific activity program for an amount not to exceed $53,100 dollars. ATTACHMENTS Proposed contract for services - GRC-Copenhaver, Inc. Scope of Work"Exhibit A" cdbg\ar011095.1 AGREEMENT FOR HOUSING CONSULTING SERVICES between the SANTA CLARITA REDEVELOPMENT AGENCY and GRC-COPENHAVER, INC. THIS AGREEMENT is made and entered into this day of 1995, by and between the Santa Clarita Redevelopment Agency (hereinafter called "Agency'), and GRC-Copenhaver, Inc., a California professional corporation (hereinafter called "Consultant'). RECITALS WHEREAS, Agency desires to undertake a comprehensive housing division organizational framework, strategy, and specific activity program necessary to implement the plans of the Santa Clarita Community Recovery Program, which services require a level of staff support presently unavailable to Agency; and WHEREAS, Consultant represents that it is qualified to perform the services contained, it is mutually agreed between the parties as follows: NOW, THEREFORE, and in consideration of mutual covenants hereinafter contained, it is mutually agreed between the parties as follows: ARTICLE I. SCOPE OF SERVICES Consultant shall perform professional services as are directed by the authorized Agency representatives, and as described in the attached Exhibit A. ARTICLE II. AMENDMENTS TO SCOPE OF SERVICES Agency may request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the rate of Consultant's compensation, shall be mutually agreed upon by and between Agency and Consultant and shall be incorporated in written amendments to this Agreement. ARTICLE III. CONSULTANT'S COMPENSATION AND METHOD OF PAYMENT For services provided pursuant to Article I, of this Agreement, Consultant shall be compensated at the following hourly rates, payable within thirty (30) days following receipt of Consultant's invoice: Principals $115.00 per hour Senior Associates $85.00 per hour Associates $65.00 per hour Graphics Specialist $45.00 per hour Invoices will describe services provided and the time required for each service. Sum total of all Consultant's invoices shall not exceed fifty-three thousand one hundred dollars ($53,100.00). Hourly rates indicated above also pertain to and include monies relating to travel expenses. Travel -related costs shall not be billed to Agency as part of this agreement. ARTICLE IV. TIME OF PERFORMANCE Consultant agrees that it will diligently and responsibly pursue the performance of the services required of him by this Agreement. If a delay beyond the control of Consultant is encountered, a time extension mutually agreed upon in writing by Agency and Consultant may be granted. Consultant shall present documentation satisfactory to Agency to substantiate any request for a time extension. ARTICLE V. COOPERATION BY AGENCY All information, data, reports, records, and maps as are existing, available and necessary for carrying out the work as outlined in the Scope of Services shall be furnished to Consultant without charge by Agency. Agency shall cooperate with Consultant in every way possible to facilitate, without undue delay, the work to be performed under this Agreement. ARTICLE VI. DESIGNATED REPRESENTATIVES The following individuals are hereby designated as representatives of Agency and Consultant respectively to act as liaison between the parties: Redevelopment Agency; Donald R. Duckworth - Community Recovery Agency Consultant Stephen A. Copenhaver - President Any change in designated representatives shall be promptly reported to the other party in order to ensure proper coordination of the project. ARTICLE VII. STANDARDS OF PERFORMANCE Consultant shall comply with all applicable laws, ordinances, and codes of the federal, state, and local governments while performing the services described herein in a good, skillful, and professional manner. ARTICLE VIII. OWNERSHIP OF DOCUMENTS All reports, files, and other material prepared under this Agreement shall be and remain the property of the Agency. ARTICLE IX. LEGAL REVIEWS All legal reviews of documents prepared by Consultant are the responsibility of the Agency. ARTICLE X. AUTHORITY OF CONSULTANT Consultant shall be an independent contractor and shall not incur or have the power to incur any debt, obligation, or liability whatsoever against Agency. Consultant shall, as required, represent the Agency as its agent in contracts, solicitations, and negotiations concerning the implementation of the Santa Clarita Recovery Program, but Consultant shall be without authority to bind Agency in any way with respect to terms, conditions, sale prices, times of performance, or any other matter related to Agency's legal liability or performance with respect to the implementation of the Santa Clarita Recovery Program. ARTICLE XI. TERMINATION Either party may terminate this Agreement upon thirty (30) days' written notice to the other. In the event of such termination, Consultant shall be compensated for all services performed and expenses incurred to the date of notice of termination as described in a written report to Agency prepared by Consultant, less any amounts previously paid by Agency. ARTICLE XII. NOTICES Notice by Agency to Consultant shall be deemed delivered if sent by certified mail, return receipt requested to GRC-Copenhaver, Inc., 1340 Valley Vista Drive, Suite 120, Diamond Bar, California 91765. Notice by Consultant to Agency shall be deemed delivered if sent by certified mail, return receipt requested to the Community Recovery Agency, Santa Clarita Redevelopment Agency, 23920 Valencia Boulevard, Suite 300, Santa Clarita, California 91355. ARTICLE XIII. CONFLICT OF INTEREST Consultant represents and agrees that Consultant has not employed any person to solicit or procure this Agreement, and has not made, and will not make, any payment of any agreement for the payment of any commission, percentage, brokerage, contingent fees, or other compensation in connection with the procurement of this Agreement. Consultant further represents and agrees that he has not now, and will not, acquire any interest, direct or indirect, present or prospective, in any of the property acquired by Agency, during the term of this Agreement. Consultant further represents that it has not employed, and will not employ in connection with work to be performed hereunder, any person having an interest, direct or indirect, in any of the property acquired by Agency during the term of this Agreement and Consultant will notify Agency of and will not work on any projects which may represent or appear to represent a conflict of interest with any other municipal client of Consultant. ARTICLE XIV. INSURANCE REQUIREMENTS Consultant shall obtain and maintain during the life of this Agreement automobile liability, including owned, hired, and non -owned vehicles, except as may be stricken out by Agency. Endorsement shall be obtained for the policies providing the above insurance for the following provisions: 1. Additional Insureds "The Santa Clarita Redevelopment Agency, Santa Clarita, California, its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with Agency." 2. Notice "Said policy shall not terminate, nor shall it be canceled, nor the coverage reduced, until thirty (30) days after written notice is given to Agency." 3. Limits The policy limits shall have minimum coverage per occurrence as follows: $100,000 - Property Damage; $250,000 - Injury to One Person/Any Once Occurrence; and $500,000 - Injury to More Than One Person/Any One Occurrence In addition to the insurance coverage in the paragraphs above, Consultant shall obtain and maintain, during the life of this Agreement, Workers' Compensation Insurance in statutory amount. All of the endorsementswhich are required above shall be obtained for the policy of Workers' Compensation Insurance. Consultant shall provide to Agency certificates of insurance showing the insurance coverage described in the paragraphs above, in a form and content approved by Agency, prior to beginning work under this Agreement. ARTICLE XV. INDEMNIFICATION CLAUSE Neither party hereto shall be liable for any damages proximately resulting from the negligent or wrongful actions or omissions of the other parties, employees, agents, or contractors performing under this Agreement, and each party shall indemnify, defend, and save harmless the other party from such damages or liability. ARTICLE XVI. ENTIRE AGREEMENT This Agreement shall constitute the entire Agreement between the parties. Any amendments to or clarification necessary to this Agreement shall be in writing and acknowledged by both parties to the Agreement. ARTICLE XVII. MISCELLANEOUS A. Attorney's Fees If either party to this Agreement is required to initiate or defend or, is made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys' fees. Attorneys' fees shall include attorneys' fees on any appeal, and in addition, the party entitled to attorneys' fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all necessary costs the Court allows in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. S. Staff Consultant agrees that each task as outlined in the work program shall be staffed by members of Consultant's team who are qualified and have the necessary experience to competently perform the task in a manner satisfactory to Agency. C. Subcontracts Consultant shall not employ subcontractors to perform the tasks required in the work program other than the Law Firm of Goldfarb and Lipman. D. Non-Liabilityof Agency and City Officers and Employees No officer or employee of Agency or City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by Agency or the City for any amount which may become due to Consultant or its successor, or for breach of any obligation of the terms of this Agreement. E. California Law This Agreement shall be construed and interpreted both as to validity and to performance under the laws of the State of California. Any and all legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any appropriate Court in such County. Consultant covenants and agrees to submit to the personal jurisdiction of such Court in the event of such action. 5 IN WITNESS WHEREOF, Consultant and Agency have signed this Agreement on the date set forth hereinabove. Attest: Agency Secretary Date Approved as to form City Attorney co=ecov\houcon2.gm City of Santa Clarita Executive Director GRC-COPENHAVER, INC. M Stephen A. Copenhaver, President ll EXHIBIT "A" Scope of Work Earthquake Rehabilitation Program Scope of Work and Schedule Task 1 Define Rehabilitation Needs and Standards - through the analysis of the earthquake damage assessment process and other secondary sources, formulate the need for minor rehabilitation, substantial rehabilitation, housing demolition and replacement, mobile home park and neighborhood infrastructure needs. This analysis should be performed for both single-family and multi -family housing. Develop minimum rehabilitation and affordability standards. Task 2 Rehabilitation Financing Plan - Determine the level of funding available through the CDBG and Home Programs, redevelopment, and all other public and private financing sources for the earthquake rehabilitation program. Develop model for meeting rehabilitation goals based upon the identified need and the available funding. Task 3 Program Development - Formulate draft earthquake rehabilitation programs based on the needs and available financing for submission to the community and the City Council for approval. Program development to include an analysis of program alternatives including costs and the timing required to implement. Custom programs need to be defined for each of the primary categories of housing needs. Priorities will be required due to the limited funding that will be initially available. Task 4 Oreanizational Requirements - Define the organizational framework required to administer the housing program for the earthquake rehabilitation efforts and determine the most cost and time effective means of addressing housing programs. Task 5 Marketing Plan - Formulate a marketing plan to inform the community and the eligible residents of the steps to be taken to participate in the program. Task 6 Implementation Program - Develop the administrative procedures, legislative authority and documents required to immediately implement the earthquake rehabilitation programs. This work effort may include the identification of several resources the City and Agency may use to implement the program on the scale required to address the scope of the housing needs within a short period of time. Long Range Housing Strategy, Programs and Organizational Needs Introduction The long term housing needs of the City and Agency must consider many factors including the future legislative efforts of higher levels of government that continually have attempted to legislate housing matters, existing housing law with its many and sometimes conflicting requirements for housing production, redevelopment law that will require inclusive housing standards, privately structured programs such as the tax credit program and many more. Housing finance is very dynamic and at best is a field that moves with both private capital markets and the government programs. Municipal interest in housing increased rapidly with changes in law and the State of California has progressively made it more difficult for local agencies to stay out of the housing arena with recent state legislation beginning to carry with it financial penalties. Task 7 Housing Requirements and Goals - Organize and identify all of the housing requirements now facing the City and Agency in law and consolidate the goals and programs within the General Plan, the CHAS, the Recovery Plan and other documents.. Overlapping requirements will be identified and the full scope of housing matters will be presented. Task 8 Housing Needs - Identify housing needs from all available secondary sources such as the 1990 census, the 1993 housing survey, General Plan, CHAS, Recovery Plan, Fire Department inspections, updated demographics, building records, police incidents etc. Housing needs by type of housing and household type will be determined to the greatest extent possible. The affordability gap by type and tenure of housing and common occupations will be calculated and presented. Task 9 Financing Plan - Determine the level of funding available through the CDBG and Home programs, redevelopment, other state and federal sponsored programs and identify other public and private financing sources for housing efforts.. Develop cash flow model for meeting housing goals based upon the identified need and the available funding. Task 10 Proeram Development - Formulate housing program alternatives based on the needs and available financing for submission to the community and the City Council for consideration and approval. Program development will include an analysis of program alternatives by housing type including typical program costs and the timing required to implement. Programs need to be defined for each of the primary categories of housing needs and priorities will be required to be identified. Early resolution of the approach to inclusive housing requirements needs to be addressed to protect the City and Agency from attempting to "catch up" to the requirements which is difficult in growth areas. This issue of inclusive housing can be very difficult in areas with high housing value. Program development will also include consideration of the capital improvement and public safety programs so that the entirety of the City's efforts are consistent. Neighborhood improvement type programs would involve the cooperation of several City departments. Task 11 Organizational Requirements - Define the organizational framework required to plan and administer the housing program for the initial term of the housing strategy. This effort will involve identifying and determining the most cost and time effective means of addressing housing programs and federal grant programs. Contract versus in-house experience of other jurisdictions will be considered. The usefulness of a city sponsored non-profit housing development corporation will be explored and cooperation with outside housing entities will be reviewed. Task 12 Community Participation Plan - The overall housing program will require community participation and this task will involve staff and the consultant in developing the best means of involving the public in the development of the housing program. Public involvement will be required in both the plan formulation and approval stages. Plan elements may include media efforts, meetings with various interest groups, town hall meetings, brochures, formation of a housing committee etc. Task 13 Implementation Program - Develop the administrative procedures, legislative authority and policy and contract documents required to implement the housing program. This work effort will include scheduling and will include the identification of resources the City and Agency may use to implement the program on the scale required to address the scope of the housing needs within a short period of time. Task 14 Trainin - The housing program and strategy will involve the training of in-house staff in the ultimate programs adopted by the City and Agency. Task 15 Project Reports - Project reports in the form of staff reports for each work task will be prepared summarizing the results of Task 7 through Task 13. Work Schedule and Budget The need for the earthquake rehabilitation program is immediate due to the fact that several months have passed since the earthquake. In view of this situation, we are suggesting that Task 1 through Task 6 be completed in eight (8) weeks. This will require significant attention on GRC's part and abbreviated review periods by the City of Santa Clarita. Our proposal is to complete a draft Program Report ready for submission to the City Council at the end of this period and a final report within two weeks following City Council consideration. Acceptance of the final report will lead to program implementation activities commencing shortly after January 1, 1995. Work would proceed on the long range housing program following the formulation of the earthquake rehabilitation program. The above scope of work timeframe would be highly dependent on the schedule for community participation. However, we would anticipate that the long range program would realistically require 6 months to complete. The timeframe for each individual task in months following commencement is illustrated below after each task. The Community Participation timeframe is the time required for preparation, actual community participation efforts will be on-going in nature. The timeframe and budget is highly dependent on the thoroughness of the effort and the quality of the reports. GRC is prepared in the contract phase to negotiate the desired level of effort. The proposed budget includes eleven (11) meetings for GRC staff and assumes data availability from secondary sources. Budget also includes legal support for the review of program elements. Additional meeting and work to be billed at the hourly rates. Meeting time for Goldfarb & Lipman will be billed hourly. Out of pocket expenses will be billed at 110% of actual cost. This proposed budget is good for 60 days and the proposed professional work will be performed at the "not to exceed" price of $53,100. Proposed Budget and Schedule Task BudLeet Earthauake Rehabilitation Provram Task 1 Needs and Standards $3,000 Task 2 Financing Plan 2,000 Task 3 Program Development 5,500 Task 4 Organizational Requirements 2,500 Task 5 Marketing Plan 1,200 Task 6 Implementation Program 6,500 Long Range Housing Strategy. Programs and Organizational Needs Task 7 Housing Requirements /Goals 2,500 Task 8 Housing Needs 3,000 Task 9 Financing Plan 2,800 Task 10 Program Development 12,500 Task 11 Organizational requirements 2,500 Task 12 Community Participation Plan 1,800 Task 13 Implementation Program 4,500 Task 14 Training 5,000 Task 15 Reports (included in the above) N/A Total $53,100 The proposed budget includes eleven (11) meetings for GRC staff and assumes data availability from secondary sources. Budget also includes legal support for the review of program elements. Additional meeting and work to be billed at the hourly rates. Meeting time for Goldfarb & Lipman will be billed hourly. Out of pocket expenses will be billed at 110% of actual cost. This proposed budget is good for 60 days and the proposed professional work will be performed at the "not to exceed" price of $53,100. r Hourly Rates GRC-Copenhaver, Inc. The hourly rate for each staff member is as follows: Principal $115.00 Senior Associate: $85.00 Associate: $65.00 Graphics Specialist: $45.00 The fees for either fixed -cost or on a time -and -materials basis exclude out-of-pocket expenses and authorized out- of-town travel, long-distance telephone, facsimile, mileage, printing and related charges. These charges will be billed at actual cost plus 10% Goldfarb & Lipman The hourly rate for each staff member is as follows: M. David Kroot $175.00 Roger A. Clay, Jr. $175.00