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HomeMy WebLinkAbout*AGMT - Rosenow Spevacek Group, Inc. (Hellman Ranch) • FXQ • b3/1 . AGREEMENT FOR FISCAL IMPACT REPORT PREPARATION SERVICES HELLMAN RANCH, SEAL BEACH, CALIFORNIA r 1 THIS AGREEMENT, is made and entered into this Rm -day of 2 L e.,,,,,,ateeV� J, 1996, by and between the CITY OF SEAL BEACH (hereinafter 3 called "City "), and ROSENOW SPEVACEK GROUP, Inc. (hereinafter called "Consultant "). 4 5 RECITALS 6 7 WHEREAS, City is a municipal corporation duly organized and validly existing 8 under the laws of the State of California as a Charter City, with the power to carry on its 9 business as it is now being conducted under the Statutes of the State of California and the 10 Charter of the City; and 11 12 WHEREAS, the submission of the "Hellman Ranch Specific Plan 13 Amendment" requires the preparation of a fiscal impact analysis and the City has determined it 14 is necessary to hire a consulting firm to prepare the appropriate fiscal impact analysis; and 15 16 WHEREAS, City and Consultant desire to enter into an agreement for 17 professional services for the preparation of the required fiscal impact analysis; and C:\My Documents\HELLMAN\FISCAL IMPACT REPORT AGRMNT.doc\LW\1 I -27 -96 • Hellman Ranch Specific Plan Amendment Fiscal Impact Analysis Preparation Agreement - Rosenow Spevacek Group Inc. November, 19% 1 WHEREAS, Consultant represents that it is able to perform the requested 2 fiscal impact analysis in accordance with all applicable laws, guidelines, and current 3 professional practices. 4 5 NOW, THEREFORE, the parties do mutually agree as follows: 6 7 Section 1. Consultant's Services. Consultant shall perform professional 8 services in connection with the project as set forth in Exhibit A, Scope of Services, dated 9 November 14, 1996, attached hereto and made a part hereof by reference, including the 10 following services: 11 12 (a) Overall project management and preparation of work products, 13 including without limitation: compilation and analysis of preparation of the requested fiscal 14 impact analysis. 15 16 (b) When requested, Consultant shall attend and participate in meetings 17 with City staff and up to four (4) public meetings before the City's Planning Commission 18 and/or City Council, as set forth in the "Scope of Services ". For additional public meetings 19 which Consultant is requested to attend by City, Consultant shall be compensated at the hourly 20 rate set forth in the "Scope of Services ". FISCAL IMPACT REPORT AGRMNT.doc 2 ■ • • • Hellman Ranch Specific Plan Amendment Fiscal Impact Analysis Preparation Agreement - Rosenow Spevacek Group Inc. November, 1996 1 (c) Consultant shall supply City with the Fiscal Impact Review Report 2 documents as indicated in the "Scope of Services" in the following numbers; one (1) unbound, 3 camera ready, original and twenty (20) bound copies of each document being provided; one (1) 4 reproducible original and twenty (20) copies of each graphic plan being provided. 5 6 Section 2. Time of Performance. Consultant shall complete all services 7 set forth in "Scope of Services" including preparing the Fiscal Impact Review Report, within yjp ., 8 three (3) calendar months from date of execution of this Agreement. The time schedule may 9 be modified by the mutual written consent of the parties hereto. 10 11 Section 3. Compensation. City agrees to compensate Consultant, and 12 Consultant agrees to perform the tasks and complete the Fiscal Impact Review Report outlined 13 in Exhibit A for a fee not to exceed $10,850.00, unless contract price amendments are required 14 and approved in writing by the City Council. 15 16 Consultant shall not charge the City for mileage, parking, telephone and fax 17 expenses, postage and incidental copies. Consultant shall, however, be entitled to 18 reimbursement for necessary out -of- pocket expenses incurred by the Consultant in the 19 performance of this Agreement for printing and duplication costs for copies of documents, FISCAL IMPACT REPORT AGRMNT.doc 3 • • • Hellman Ranch Specific Plan Amendment Fiscal Impact Analysis Preparation Agreement - Rosenow Spevacek Group Inc. November, 1996 1 messenger costs additional insured certificates, and oversight delivery services ( "reimbursable 2 expenses "), which shall be billable at the actual costs plus 10 %. 3 4 Within ten (10 ) days after the last day of any month, the Consultant shall 5 submit an invoice to the City itemizing tasks performed and reimbursable expenses. In turn, 6 City shall pay to Contractor each such invoiced amount within thirty (30) days after receipt of 7 such invoice. 8 9 If Consultant is requested by City to revise or supplement any of the required 10 documents with additional data, information or analyses solely as a result of the draft 11 document's failure to comply with the requirements of the Scope of Services, Consultant shall 12 provide such revision or supplement at no additional cost to the City. If there is a serious 13 difference of opinion between the Consultant and City regarding compliance with the Scope of 14 Services, then an Arbitration procedure shall be mutually agreed upon. 15 16 Section 4. Independent Contractor. Consultant shall act hereunder as an 17 independent contractor, and shall have no power to incur any debt or obligation for City. 18 Neither City or any of its officers or employees shall have any control over the conduct of 19 Consultant, or any of Consultant's employees, except as herein set forth, and Consultant 20 expressly warrants not to, at any time or in any manner, represent that it, or any of its agents, FISCAL IMPACT REPORT AGRMNT.doc 4 • Hellman Ranch Specific Plan Amendment Fiscal Impact Analysis Preparation Agreement - Rosenow Spevacek Group Inc. November, 1996 1 servants, or employees, are in any manner agents, servants or employees of City, it being 2 specifically understood that Consultant is and shall at all times remain to City a wholly 3 independent contractor and Consultant's obligations to City are solely such as are prescribed by 4 this Agreement. 5 6 Section 5. Assignment. This Agreement may not be assigned in whole or 7 in part, without the prior written consent of City. 8 9 Section 6. Document Ownership. City and Consultant agree that any and 10 all original documents, studies or plans prepared as a result of this Agreement shall be the sole 11 property of City. All reports, information, data and exhibits prepared or assembled by 12 Consultant in connection with the performance of its services pursuant to this Agreement are 13 confidential until released by City to the public and Consultant agrees that they shall not be 14 made available to any individual or organization without prior written consent of the City prior 15 to such release. 16 17 All such reports, information, data and exhibits shall be delivered to City upon 18 demand without additional cost or expense to City. The required documents shall be provided 19 to City in hard copy reproducible form and also in Windows 95 format. All charts, tables, FISCAL IMPACT REPORT AGRMNT.doc 5 • • Hellman Ranch Specific Plan Amendment Fiscal Impact Analysis Preparation Agreement - Rosenow Spevacek Group Inc. November, 1996 1 figures, and maps which are prepared with computer -based mapping or spread -sheet programs 2 shall be provided to City in a format acceptable to City. 3 4 Section 7. City: Liaison. Consultant shall perform under the general 5 supervision of the City Manager of City or his designee, and all communications, instructions 6 and directions on the part of the City shall be communicated exclusively through the City 7 Manager or his designee. 8 9 Section 8. Personnel. Consultant represents that it has, or shall secure at 10 its own expense, all personnel required to perform Consultant's services under this Agreement. 11 Consultant may associate or employ associates or subcontractors in the performance of its 12 services under this agreement, but shall at all times be responsible for their services. 13 14 Section 9. Data and Services to be Furnished by City. All information, 15 data, records, and maps as are in possession of City and necessary for the carrying out of this 16 work shall be available to Consultant without charge. 17 18 Section 10. Insurance. Consultant shall obtain at its own expense and shall 19 maintain in full force and effect throughout the term of this Agreement insurance as indicated 20 below. Consultant shall submit to City certificates indicating compliance with the following FISCAL IMPACT REPORT AGRMNT.doc 6 • Hellman Ranch Specific Plan Amendment Fiscal Impact Analysis Preparation Agreement - Rosenow Spevacek Group Inc. November, 1996 1 minimum insurance requirements not less than one (1) day prior to the beginning of 2 performance under this 'Agreement. 3 4 (a) Worker's Compensation Insurance to cover its employees as required 5 by the California Labor Code. 6 7 (b) Comprehensive general and automobile liability insurance protecting 8 Consultant in amounts not less than $1,000,000 for personal injury to any one person, 9 $1,000,000 for injuries arising out of any one occurrence, and $500,000 for property damages 10 or a combined single limit of $1,000,000. 11 12 (c) Each such policy of insurance shall: 13 (1) Be issued by an insurance company which is an admitted 14 insurer in the State of California. 15 (2) Name and list as additional insured the City and Hellman 16 Properties, their officers, agents and employees. 17 (3) Specify that it acts as primary. insurance. 18 (4) Contain a clause substantially in the following words, "It is 19 hereby understood and agreed that this 'policy shall not be canceled or materially changed FISCAL IMPACT REPORT AGRMNT.doc 7 • • Hellman Ranch Specific Plan Amendment Fiscal Impact Analysis Preparation Agreement - Rosenow Spevacek Group Inc. November, 1996 1 except upon thirty (30) day's prior written notice to the City of Seal Beach of such cancellation 2 or material change as evidenced by a return receipt for a registered letter." 3 (5) Insure the operations of Consultant pursuant to the terms of 4 this Agreement. 5 (d) Consultant shall not commence the performance of its services under 7 the contract until the above insurance has been obtained and Certificates of Insurance have 8 been filed with City. 9 10 Section 11. Indemnification. (a) Consultant shall indemnify the City and 11 its officers, employees and agents against, and will hold and save them and each of them 12 harmless from, any and all actions, claims, damages to persons or property, penalties, 13 obligations or liabilities that may be asserted or claimed by any person, firm, entity, 14 corporation, political subdivision or other organization arising out of the negligent or 15 intentional tortious acts, errors or omissions of Consultant, its agents, employees, 16 subcontractors, or invitee. 17 18 (b) Consultant will defend the City, its officers, agents and employees from 19 and against any action or actions filed in connection with any of said claims, damages, FISCAL IMPACT REPORT AGRMNT.doc 8 • • Hellman Ranch Specific Plan Amendment Fiscal Impact Analysis Preparation Agreement - Rosenow Spevacek Group Inc. November, 1996 • 1 penalties, obligations or liabilities and will pay all costs and expenses, including attorney's fees 2 for counsel of City's choice incurred in connection herewith; 3 4 (c) Consultant will promptly pay any judgment rendered against the City, 5 its officers, employees or agents for any such claims, damages, penalties, obligations or 6 liabilities; 7 8 (d) In the event the City, its officers, employees or agents is made aparty 9 to any action or proceeding filed or prosecuted against Consultant for such damages or other 10 claims arising out of or in connection with the sole negligence of Consultant hereunder, 11 Consultant agrees to pay City, its officers, employees or agents, any and all costs and expenses 12 incurred by City, its officers, employees or agents in such action or proceeding, including but 13 not limited to, reasonable attorney's fees. 14 15 Section 12. Termination. This Agreement may be terminated without 16 cause by City upon ten (10) days' written notice to the Consultant without further action by the 17 City. This Agreement may be terminated by the Consultant upon thirty (30) days' written • 18 notice to the City. In the event the City terminates this Agreement as provided above, • 19 Consultant shall terminate work at the earliest possible point, and complete all attendant FISCAL IMPACT REPORT AGRMNT.doc 9 • • • Hellman Ranch Specific Plan Amendment Fiscal Impact Analysis Preparation Agreement - Rosenow Spevacek Group Inc. November, 1996 1 reports and/or graphic representations. The City shall compensate the Consultant 2 proportionately for work, provided such work is in a form useable to the City. 3 4 Section 13. Notice. Any notice required to be given to the Consultant 5 shall be deemed duly and properly given upon mailing, if sent to Consultant postage prepaid to: • 6 Rosenow Spevacek Group Inc. 7 Attn: Daniel T. Miller 8 540 North Golden Circle, Suite 305 9 Santa Ana, Ca. 92705 -3914 10 or personally delivered to Consultant at such address or other address specified to the City in 11 writing by Consultant. 12 13 Any notice required to be given to the City shall be deemed duly and properly 14 given upon mailing, postage prepaid, to: 15 16 City of Seal Beach 17 Attn: Director of Development Services 18 211 Eighth Street 19 Seal Beach, Ca. 90740 FISCAL IMPACT REPORT AGRMNT.doc 10 • Hellman Ranch Specific Plan Amendment Fiscal Impact Analysis Preparation Agreement - Rosenow Spevacek Group Inc. November, 1996 1 or personally delivered to City at such address or other address specified to the Consultant in 2 writing by the City. 3 4 Section 14. Entire Agreement. This Agreement represents the entire 5 integrated agreement between City and Consultant, and supersedes all prior negotiations, 6 representations or agreements, either written or oral. This Agreement may be amended only by 7 a written instrument approved by the City Council and executed by both City and Consultant. 8 9 Section 15. Choice of Law. This Agreement shall be enforced and 10 interpreted in accordance with California law. 11 12 EXECUTED on the day and year first above stated. FISCAL IMPACT REPORT AGRMNT.doc 11 • • • Hellman Ranch Specific Plan Amendment Fiscal Impact Analysis Preparation Agreement - Rosenow Spevacek Group Inc. November, 1996 "CONSULTANT Rosenow Spevacek Group Inc Name of Firm � I By ./ 1 "CITY" City of Seal Beach By !L& 2 1O Y City Manager • ATTEST: APPROVED AS TO FORM: - 291 /4 City Clerk City Attorney FISCAL IMPACT REPORT AGRMNT.doc 12 J • ; • ; Hellman Ranch Specific Plan Amendment Fiscal Impact Analysis Preparation Agreement - Rosenow Spevacek Group Inc. November, 1996 EXHIBIT A HELLMAN RANCH SPECIFIC PLAN AMENDMENT FISCAL IMPACT ANALYSIS SCOPE OF SERVICES November 14, 1996 FISCAL IMPACT REPORT AGRMNT.doc 13 SCOPE OF SERVICES FISCAL IMPACT REVIEW THE HELLMAN RANCH The Fiscal Impact Review will project the fiscal impacts associated with the Hellman Ranch Development project within the City of Seal Beach. The fiscal impact analysis will forecast the revenues to be derived and cost to be incurred on an annual basis as they relate to the projected land uses at buildout. From this analysis, alternative strategies can be developed to ensure that the City of Seal Beach and the Riverfront Redevelopment Agency have the financial ability to mitigate any anticipated incremental costs. There are four potential sources of direct and indirect impact on municipal services and revenues. These sources are: • The development related infrastructure improvements required to service the projected land uses. Among items included in this category are circulation improvements, traffic signal requirements, medians, and other road related improvements, public safety facilities, community and recreational services, local drainage facilities, and water and sewer systems. • The ongoing municipal service requirements associated with changes in projected land uses. Among the items included in this category are public safety, animal control, street maintenance and public work services, refuse collection and source recycling, library and other community services, park and recreation, community development, water and sewer system operating requirements, and general municipal administrative services. O The anticipated changes in municipal revenues based on projected land use. Reoccurring and one time only revenue sources would be identified. Items included in this category are initial development impact fees, property- related taxes and fees, sales and use taxes, redevelopment increment funds, state subventions, state and local transportation funds, franchise fees, highway user taxes, beneficiary -based fees, and charges, licenses, permits and fines, and investment income. Also included in the category are fees derived from any proposed Community Facility Districts or Assessment Districts. O The anticipated growth of the nonresident population associated with jobs generated by projected commercial or industrial land uses. The potential impact on municipal expenditures will be determined if substantial changes occur because of increases in "daytime" employment. Rosenow Spevacek Group, Inc. Scope of Services for Fiscal Impact Review November 14, 1996 1 for the City of Seal Beach • • TASK I: DEMOGRAPHIC AND CURRENT PUBLIC SERVICE INVENTORY Data would be gathered to prepare a comprehensive demographic and physical profile and the current nature and level of municipal services provided and revenues collected. Existing sources of data including land use projections, tax increment projections, and other available data will be used. This information will be used to form the basis for developing a forecast of City costs and revenues. This profile and inventory will include the following information: •.• Projected population and households. O Projected public facility needs (street improvements, sewer, water, parks, etc.). O Land use designation. •.• Range of municipal services to be provided (law enforcement, fire, public works, recreation, etc.). O Key service level measurements. •.• Current costs and revenues associated with the provision of City services. O Current reoccurring revenues and projected trends. TASK II: CURRENT CITY SERVICE LEVEL MEASUREMENTS AND STANDARDS This task will determine those key service level measures and standards that serve as barometers of costs for each of its municipal services. Examples of these "service barometers" are street miles for public works, calls for service for police and fire, acres of park land for community service and annual code violation for community development. Once the nature and level of these measures and standards are established, they can be applied to determine the cost of extending existing or increasing levels of municipal services. TASK III: OPERATING AND CAPITAL COSTS From the determination of service level measures and standards will flow the forecasts of operating and capital costs associated with providing municipal services for specific land use categories. The costs will be broken down as follows: %% Reoccurring operating costs. •.% Start -up costs including equipment and facilities, if applicable. O Impact on public and projected infrastructure needs. Rosenow Spevacek Group, Inc. Scope of Services for Fiscal Impact Review November 14, 1996 2 for the City of Seal Beach • • The depth and breadth of the analysis of development - related infrastructure is dependent upon the availability and accuracy of current planning and financial documents such as needed capital improvement projects and associated costs. TASK IV: REVENUE PROJECTIONS Concurrently with Task III, current and anticipated revenues will be identified based on projected land uses. Revenue forecasts will be determined based on per capita multipliers, case study methodologies or a combination of both approaches. Our analysis will take a market assessment of potential land uses into consideration in determining future revenues. TASK V: FINDINGS AND CONCLUSIONS Upon completion of all tasks, a comprehensive Fiscal Impact Review Report will be prepared which will analyze the fiscal impact of project land uses. This Report will include findings and conclusions regarding the City's financial ability to sustain growth associated with the subject development project. The Report will include a comparison of costs and revenues implied by buildout of the project. The consultant team would be available to participate and make presentations at four scheduled community meetings /public hearings. FEE SCHEDULE The activities associated with this project will be charged on a time and materials basis for a not- to- exceed fee of $10,850, inclusive of reasonable out -of- pocket expenses. The fee would include the preparation of all required documents, attendance at specific staff meetings and four community meetings /public hearings. The fee will be invoiced on a monthly basis, in accordance with the following hourly rate schedule: Project Manager $100 Project Consultant $90 Analyst $70 Word Processing /Support Staff $35 It is RSG's policy to not charge clients for mileage, parking, telephone /fax expense, postage, and incidental copies. We do, however, charge for additional insured certificates, messenger service, Express Mail/Federal Express costs, and copies of reports, documents, notices, and support material in excess of an agreed upon number of copies. These costs are charged at actual expense, plus a ten percent (10 %) surcharge. Attendance at additional community meetings /public hearings will be charged on an hourly basis in accordance with the hourly schedule above. Rosenow Spevacek Group, Inc. Scope of Services for Fiscal Impact Review November 14, 1996 3 for the City of Seal Beach • 0••••••••••••••••••••••••••••••••••••••-- : :::::: %:'::: I SSUE ATE MIDD (M 11 Y) 1 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND NO RIGHTS UPON Consolidated Orange County Ins DOES E NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFOR ED BY THE 16253 Laguna Canyon Rd., #190 POLICIES BELOW. Irvine, CA 92618 COMPANIES AFFORDING COVERAGE (714)753 -7600 FAX(714)453 -0601 2 A CNA Insurance Co B Fremont Compensation . Rosenow - Spevacek Group, Inc. COMPANY C Evanston Insura 540 N. Golden Circle, #305 UI .CF.LE.A.! eE CH Santa Ana Ca 92705 ANY D I LETTER COMPANY E I'ICI� LE 3 1 I TTER OEC THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED OVE FOR f'5AYEPHRIO6" INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WI CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POUCIES. UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTA TYPE OF INSURANCE POUCY NUMBER WITS �IA7Ep WITS A GENERAL unarm GENERAL AGGREGATE $ 1,000,000 X COMMERCIAL GENERAL LIABLrTY B127765751 PRODUCTS- COMP/OP AGG. $ 1,000 , 0 0 0 . CLAIMS MADE X OCCUR. 01/14/96 01/14/97 PERSONAL & ADV. INJURY $ 1,000,000 $ ' OWNER'S & CONTRACTOR'S PROT. EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any one fire) $ 50,000 MED. EXPENSE (Arty one Person) $ 5,000 AUTOMOBILE LIABILITY . COMBINED SINGLE A ANY AUTO C127765765 LIMIT $ 1,000,000 ALL OWNED AUTOS 01/14/96 01/ 14/97 BODILY INJURY . SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY X NON -OWNED AUTOS . (Per accident) $ GARAGE LIABILITY PROPERTY DAMAGE S EXCESS LIABILITY EACH OCCURRENCE $ 1,000,000 A X UMBRELLA FORM C127765779 01/14/96 01/14/97 AGGREGATE $ 1,000,000 OTHER THAN UMBRELLA FORM • WORKER'S COMPENSATION STATUTORY LIMITS B AND WN9342356307 01 /14/9 01/14/97 1/ 19/ 9 7 EACH ACCIDENT $ 1,000,000 DISEASE - POLICY LIMIT $ 1,000,000 EMPLOYERS' LIABILITY DISEASE - EACH EMPLOYEE $ 1,0001000 OTHER A Business Pers. B127765751 01/14/96 01/14/97 Special Form 125,000 Property deductible 250 DESCRIPTION OF OPERATIONS /LOCATIONS/VEHICLES /SPECIAL ITEMS CITY OF SEAL BEACH AS ADDITIONAL INSURED WITH RESPECT TO LIABILITY HALL OPERATIONS OF NAMED INSURED' ATTN: LEE WHITTENBERG *EXCEPT 10 DAY NOTICE OF CANCELLATION FOR NON PAYMENT OF PREMIUM !if i SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE CITY OF SEAL BEACH > LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR ATTN: DIRECTOR OF DEVELOPMENT SERV ?<;; LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. 211 8TH STREET AUTHORIZED REPRESENTATIVE SEAL BEACH CA 9 0 7 4 0 /6 -6r X `L'O�#`� >��'<;;:::.;:. < `• . > >`:��� > s• ` . >� >�< > >< >`<`: > > >> �>>>`:`:>>`•.>>>>>>< s:::.::•:::::::• :::::::: :::::::::::::::::::.::<:::.;::. •:::•:: :.::::::::::::::::::::::::::::: �.1�CO�k3:: CORf?!b RATION : .1990. : ..