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HomeMy WebLinkAbout*AGMT - Rosenow Spevacek Group, Inc (AB 1290) , _ p • SEAL BEACH REDEVELOPMENT AGENCY PROFESSIONAL SERVICES AGREEMENT This Agreement is made and entered into this 9th day of May 2005 by and between the Seal Beach Redevelopment Agency ( "Agency ") and Rosenow Spevacek Group, Inc., a California Corporation ( "Consultant "). RECITALS. A Consultant desires to perform and assume responsibility for the provision of certain professional services for the Agency. Consultant represents that it is experienced in providing professional services to public clients, and is familiar with the scope of work of Agency. B Agency desires to engage Consultant to render professional services for the project(s) ( "Project(s) ") as set forth in this Agreement. THE PARTIES HEREBY AGREE AS FOLLOWS: 1. Scope of Services. Consultant promises and agrees to furnish to the Agency all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional project consulting services necessary for the Project ( "Services "). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 2. Term. The term of this Agreement shall be from May 9, 2005 to November 15, 2005 , unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The term may be extended by mutual consent of both parties. 3. Responsibilities of Consultant. 3.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. Agency retains Consultant on an independent contractor basis M: \Documents and Settings \RSilver.BLACKBOX \Local Settings \Temporary Internet Files\2005 -2009 AB1290 Contract RSG.doc \LW\05 -04 -05 Professional Services Agreement Seal Beach Redevelopment Agency and Rosenow Spevacek Group, Inc. May 9, 2005 and not as an employee. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of Agency and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with a Schedule of Services to be developed jointly by the Agency and Consultant after execution of this agreement. In order to facilitate Consultant's conformance with the Schedule, Agency shall respond to Consultant's submittals in a timely manner. 3.3 Conformance to Applicable Requirements All work prepared by Consultant shall be subject to the approval of Agency. 3.4 Agency's Representative. The Agency hereby designates Lee Whittenberg or his designee, to act as its representative for the performance of this Agreement ( "Agency's Representative "). Agency's Representative shall have the power to act on behalf of the Agency for all purposes under this Contract. Contractor shall not accept direction from any person other than the Agency's Representative or his or her designee. 3.5 Consultant's Representative. Consultant hereby designates Felise Acosta, or her designee, to act as its representative for the performance of this Agreement ( "Consultant's Representative "). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.6 Standard of Care. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of 2005 -2009 AB1290 Contract RSG 2 • • Professional Services Agreement Seal Beach Redevelopment Agency and Rosenow Spevacek Group, Inc. May 9, 2005 whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Any employee who is determined by the Agency to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the Agency, shall be promptly removed from the Project by the Consultant and shall not be re- employed to perform any of the Services or to work on the Project. 3.7 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal /OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the Agency, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold Agency, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.8 Insurance. 3.8.1 Time for Compliance. Consultant shall not commence Work under this Agreement until it has provided evidence satisfactory to the Agency that it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the Agency that the subcontractor has secured all insurance required under this section. 3. 8.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subcontractors. Consultant shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage: (1) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence 2005 -2009 AB1290 Contract RSG 3 Professional Services Agreement ces g Bement Seal Beach Redevelopment Agency and Rosenow Spevacek Group, Inc. May 9, 2005 form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers' Compensation and Employers' Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance: (2) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit;(2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers' Compensation and Employer's Liability: Workers' compensation limits as required by the Labor Code of the State of California. Employers Liability limits of $1,000,000 per accident for bodily injury or disease. 3.8.3 Professional Liability. Consultant shall, at its expense, procure and maintain for the duration of the Agreement professional liability insurance in the amount of $1,000,000. 3. 8.4 Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the Agency to add the following provisions to the insurance policies: (1) General Liability. The general liability policy shall be endorsed to state that: (I) the Agency, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the Work or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (ii) the insurance coverage shall be primary insurance as respects the Agency, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Any insurance or self - insurance maintained by the Agency, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it. (2) Automobile Liability. The automobile liability policy shall be endorsed to state that: (I) the Agency, its directors, officials, officers, employees, agents and volunteers shall be covered as additional 2005 -2009 AB1290 Contract RSG 4 P • rofessional Services Agreement Seal Beach Redevelopment Agency and Rosenow Spevacek Group, Inc. May 9, 2005 insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (ii) the insurance coverage shall be primary insurance as respects the Agency, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Any insurance or self- insurance maintained by the Agency, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it. (3) Workers' Compensation and Employers Liability Coverage. If requested by the Agency the insurer shall agree to waive all rights of subrogation against the Agency, its directors, officials, officers, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Consultant. (4) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (I) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the Agency; and (ii) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the Agency, its directors, officials, officers, employees, agents and volunteers. 3. 8.5 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the Agency, its directors, officials, officers, employees, agents and volunteers. 3. 8.6 Deductibles and Self- Insurance Retentions. Any deductibles or self- insured retentions must be declared to and approved by the Agency. Consultant shall guarantee that, at the option of the Agency, either: (1) the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the Agency, its directors, officials, officers, employees, agents and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 3. 8.7 Acceptability of Insurers. 2005 -2009 AB1290 Contract RSG 5 • Professional Services Agreement Seal Beach Redevelopment Agency and Rosenow Spevacek Group, Inc. May 9, 2005 Insurance is to be placed with insurers with a current A.M. Best's rating no Tess than A:VIII, licensed to do business in California, and satisfactory to the Agency. 3. 8.8 Verification of Coverage. Consultant shall furnish Agency with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the Agency. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the Agency if requested. All certificates and endorsements must be received and approved by the Agency before work commences. The Agency reserves the right to require complete, certified copies of all required insurance policies, at any time. 4. Fees and Payments. 4.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. The total compensation shall not exceed $15,750. 4.2 Payment of Compensation. Consultant shall submit to Agency a monthly, itemized statement which indicates work performed and hours of Services per project rendered by Consultant. Agency shall, within 30 days of receiving such statement, review the statement and pay all approved charges thereon. 4.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized by the Agency. 5. Termination Agency may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to Agency, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. If this Agreement is terminated as provided herein, Agency may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 2005 -2009 AB1290 Contract RSG 6 • Professional Services Agreement Seal Beach Redevelopment Agency and Rosenow Spevacek Group, Inc. May 9, 2005 6. Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address: CONSULTANT: Rosenow Spevacek Group, Inc. Attn: Felise Acosta, Principal 309 West Fourth Street Santa Ana, CA 92701 AGENCY: Seal Beach Redevelopment Agency Attn: Lee Whittenberg 211 Eighth Street Seal Beach, CA 90740 Such notice shall be deemed made when personally delivered or when mailed, forty -eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 7. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of Agency, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use Agency's name or insignia, photographs of the Project, pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of Agency. 8. Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party actual attorney's fees and all other costs incurred in connection with such action. 9. Indemnification. 2005 -2009 AB1290 Contract RSG 7 • P rofessional Services Agreement Seal Beach Redevelopment Agency and Rosenow Spevacek Group, Inc. May 9, 2005 Consultant shall defend, indemnify and hold the Agency, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, Toss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any acts, omissions or willful misconduct of Consultant, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against Agency, its directors, officials officers, employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against Agency or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse Agency and its directors, officials, officers, employees, agents and /or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the Agency, its directors, officials officers, employees, agents or volunteers. 10. Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 11. Governing Law. This Agreement shall be governed by the laws of the State of California. 12. Time of Essence. Time is of the essence for each and every provision of this Agreement. 13. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 14. Prohibited Interests. 2005 -2009 AB1290 Contract RSG 8 • • Professional Services Agreement Seal Beach Redevelopment Agency and Rosenow Spevacek Group, Inc. May 9, 2005 Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, Agency shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of Agency, during the term of his or her service with Agency, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 15. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non - discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 16. Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self- insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services: 17. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. SEAL BEACH REDEVELOPMENT AGENCY ROSENOW SPEVACEK GROUP, INC. � .T l it B B Joh' B. Bahorski, Executive Director Its 2005 -2009 AB1290 Contract RSG 9 Professional Services Agreement Seal Beach Redevelopment Agency and Rosenow Spevacek Group, Inc. May 9, 2005 Attest: By: /, . _ si1� Its BY: AI./14'.. `. ■'.' IA.' Lin.a Devine, Agency Clerk Approved as to Form: B Quinn Barrow, Agency Attorney 2005 -2009 AB1290 Contract RSG 10 ry I• ACORD CERTIFICATE OF LIABILITY INSURANCE 05/26/2 0 ' 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 555 Parkcenter Drive, Ste 206 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Santa Ana, CA 92705 - 3521 Emily Fisher INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Hartford Insurance .. Rosenow'Spevacek Group, Inc. INSURER B: Everest National Insurance Co. 309 West'Fourth Street I NSURERC: National Union Fire Ins. Co. Santa Ana, CA 92701 ID INSURER D: INSURER E: COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS: �DD' TYPE OF INSURANCE P OLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS I TR NSi;I1 IIATF (MM /IH1nm DATE (MM /M/YY) GENERAL LIABILITY 72SBAAD9365 02/14/2005 02/14/2006 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 300,000 PRFMI.SFS (Fa nnnvenna) CLAIMS MADE X OCCUR MED EXP (Any one person) $ 10,000 A PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2,000,000 - I POLICY n PRO LOC JECT AUTOMOBILE LIABILITY 72SBAAD9365 02/14/2005 02/14/2006 COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ 1,000,000 ALL OWNED AUTOS of Seal beach BODILY INJURY $ A CI SCHEDULED AUTOS (Per person) X HIRED AUTOS MAY J 1 2005 BODILY (Per accident) INJURY $ X NON -OWNED AUTOS Per accident) • Development Svcs. PROPERTY DAMAGE $ • (Per accident) 0 GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS /UMBRELLA LIABILITY 72SBAAD9365 02/14/2005 02/14/2006 EACH OCCURRENCE $ 1,000,000 X I OCCUR CLAIMS MADE AGGREGATE $ 1,000,000 A $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND 6000000486051 03/01/2005 03/01/2006 X WC STATU- OTH- EMPLOYERS' LIABILITY 170RY _ FR B ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 O THER 004906160 03/01/2005 03/01/2006 $2,000,000 each wrongful act C Errs & Omissions subj. to $2,000,000 aggregate $10,000 retention DESCRIPTION OF OPEJ ATIONSJ LOCATIONS / VEHI ; / kXCLUSIONS QED BY ENDORSEMENT / SPECIAL PROVISIONS The Agency, its directors, o o employees, agents and volunteers shall be covered as additional insureds with respect to the Work or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work per form 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 EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL i�rl6lr<X1X XX MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. Seal Beach Redevelopment Agency Attn: Lee Whittenberg WOW NAXXX4XXXWOMX X X lUterKdlaeXIIXXrXcXX: 211 Eighth Street NX/X0061100Ed4�CI i �x XXXXXXXX: Seal• Beach, CA 90740 AUTHORIZEDREPRESEN ATIV 4,4.� 6 y ACORD 25 (2001/08) © CORD CORPORATION 1988 M Professional Services Agreement Seal Beach Redevelopment Agency and Rosenow Spevacek Group, Inc. May 9, 2005 EXHIBIT "A" PROPOSAL FOR CONSULTANT SERVICES Five Year Implementation Plan & Ten Year Housing Compliance Plan Dated April 25, 2005 2005 -2009 AB1290 Contract RSG 11 • • ". 4. RSG INTELLIGENT COMMUNITY DEVELOPMENT ROSENOW SPEVACEK GROUP INC. T 714 541 4585 309 WEST 4TH STREET F 714 541 1175 SANTA ANA, CALIFORNIA E INFO @WEBRSG.COM 92701 -4502 WEBRSG COM Via Hand Delivery April 25, 2005 John Bahorski, City Manager CITY OF SEAL BEACH 211 Eighth Street Seal Beach, CA 90740 PROPOSAL FOR CONSULTANT SERVICES FIVE YEAR IMPLEMENTATION PLAN & TEN YEAR HOUSING COMPLIANCE PLAN Dear Mr. Bahorski: Rosenow Spevacek Group, Inc. ( "RSG ") welcomes the opportunity to present this proposal to provide consultant services to the City of Seal Beach ( "City ") and the Seal Beach Redevelopment Agency ( "Agency "). It is our understanding that the Agency requires preparation of their 2004/05 through 2008/09 Five Year Implementation Plan as well as a Ten Year Housing Compliance Plan. Section 33490 of the Law sets forth that each redevelopment agency must prepare and adopt an Implementation Plan every five years. Each Implementation Plan must contain overall goals and objectives for the project area that will guide implementation activities for the five -year plan period. Also, specific projects and expenditures that implement the goals and objectives of the five -year plan period must be identified. The Implementation Plan must also contain a five -year housing program as well as the required ten -year affordable housing compliance plan, as required by Section 33490 and Section 33413 of the Law. Finally, the Implementation Plan should clearly provide linkages between the proposed goals, objectives, and programs of the Implementation Plan, and the elimination of blight. Once adopted, the Implementation Plan will establish the framework for subsequent project implementation activities for its five -year time frame. As such, it must meet all legal requirements; however, the Implementation Plan should not preclude the flexibility to implement future unanticipated projects. REDEVELOPMENT PLANNING REAL ESTATE ECONOMICS HOUSING FINANCING REAL ESTATE ACQUISITION ECONOMIC DEVELOPMENT GOVERNMENT SERVICES 1 •. • • . Mr. John Bohorski, City Manager CITY OF SEAL BEACH April 25, 2005 Page 2 FIRM EXPERIENCE AND PROJECT TEAM Over the past 24 years, RSG has provided implementation and redevelopment plan adoption services to numerous client agencies throughout California. During this period, RSG has provided consultant services for over 125 redevelopment plan adoption /amendment projects. We have been involved in all aspects of redevelopment planning, housing development, and project implementation. We have also provided a variety of municipal, fiscal, real estate economics, and acquisition consulting services for public and private clients. Specific to this assignment, RSG has prepared Five -Year Implementation Plans and Implementation Updates and Reviews for numerous agencies in California, such as: Bell, Bell Gardens, Burbank, California City, Camarillo, Carson, Chula Vista, Coronado, Covina, Cudahy, El Cajon, Fontana, Fountain Valley, Hercules, Huntington Beach, La Quinta, Lawndale, Poway, San Bernardino, San Pablo, Santa Monica, Palm Desert, Palm Springs, Orange Cove, Port Hueneme, Victorville, Whittier, the County of Orange and the County of Santa Barbara. Felise Acosta, Principal -in- Charge, will manage all aspects of the engagement, oversee preparation of the Implementation and Housing Compliance Plans, and make the required presentations to staff and Agency. She will be assisted by Mr. Ray Silver, Director, who will assist in overseeing preparation of the two documents. Ms. Acosta and Mr. Silver will be available to make the required presentations to staff and Agency. Additional staff assisting with this assignment will by Jose Ometeotl, Senior Analyst, and Andrea Castro, Analyst, and Fernando Cazares, Analyst. Ms. Acosta has managed and prepared implementation plans recently for clients in the cities of Bell, Carson, Fontana, Palm Desert, Port Hueneme, Orange Cove, San Bernardino, and for the Placer County. PROPOSAL DETAIL RSG would undertake the following activities as a part of this engagement. I. Data Collection - Scoping Meeting The project team will hold a scoping meeting with Agency staff and legal counsel to: A. Discuss and further refine the scope and objectives of the implementation plan and affordable housing compliance plan. B. Identify key planning and political issues that would affect the preparation and adoption of the implementation plan. C. Review the first implementation plan and gather information on current status of projects and programs identified in the prior documents, and confirm the availability of the ten -year affordable housing compliance plan. G IRSGWIadcetl1290PIans \SealBeach05Impplan doc . • 0 - Mr. John Bohorski, City Manager CITY OF SEAL BEACH April 25, 2005 Page 3 D. Identify key resource people and collect all pertinent documents which could include: current budget and annual work program, the County Auditor - Controller's fiscal year 2003 -04 and 2004 -05 (if available) assessed value report for the Project Area, Agency Audit Reports for the last five years, and a description of housing programs operated by the City or Agency in which tax increment dollars have been spent, an accounting of the number of housing units constructed in the Project Area since July 1, 1999 and the City's housing element. E. Review current and proposed Agency implementation projects and programs. F. Identify any nontax increment funding sources to be used for desired housing or nonhousing redevelopment projects. 11. Identify Potential Nonhousing Projects Based upon the collected data and staff input, RSG will identify housing and nonhousing redevelopment projects that are anticipated for the five -year planning period. III. Identify Projected Revenues and Nonhousing Expenditures for Next Five Years RSG will prepare Project Area revenue projections and work with staff to estimate potential expenditures for the projects and programs identified in the plan. IV. Prepare Implementation Plan /Housing Compliance Plan A. With input from staff, RSG will prepare the implementation plan and affordable housing compliance plan update. Included in this activity are the following tasks: 1. Section 33334.2 of the Law - The Agency's obligation to use twenty percent (20 %) of its tax increment revenue to increase, improve, and preserve the community's supply of low and moderate income housing. RSG will conduct a review of the status of the Agency's Housing Fund to determine whether, during the housing program term, there is a potential excess surplus problem. 2. Section 33334.4 of the Law - Policies regarding the expenditure of low and moderate income housing funds over the duration of the Redevelopment Plan. Monies in the fund should assist housing in the same proportion as the total number of housing units needed for moderate, low, and very low income households, as identified in the fair share allocation model presented in the City's Housing Element. 3. Section 33413(a) of the Law - The need, if any, for the Agency to provide replacement housing units. If implementation of any of the nonhousing G IRSGVdarketl1290PIans1SealBeachO51mPPlan .doc ■ • • Mr. John Bohorski, City Manager CITY OF SEAL BEACH April 25, 2005 Page 4 and /or housing projects result in the destruction or removal of affordable units, the compliance plan must identify locations for replacement units. Further, any outstanding replacement housing needs resulting from previous redevelopment projects will be identified and incorporated into the housing plan. 4. Section 33413(b) of the Law — The need to provide deed - restricted affordable housing units at a rate of 0.15:1 for every new or substantially rehabilitated unit developed by private interests in the Project Area. The compliance plan must quantify the number of residential units that have or will be created in the Project Area, the resulting affordable housing production need, and how this need will be met. B. Prepare the housing production plan which will involve the following tasks: 1. Conduct needs assessment/fulfillment of affordable housing production requirements to date for the Project Area: a. Identify the number of dwelling units destroyed or removed by the Agency since adoption of the Project Area; b. Identify the number of dwelling units constructed in the Project Area since adoption; i. Privately developed units ii. Agency - developed units c. Identify the number of dwelling units rehabilitated since the Project Area were adopted; d. Of 1a -1c, delineate the number of dwelling units which have been created or rehabilitated and reserved for: i. Very low income households ii. Low income households iii. Moderate income households 2. Project the number of dwelling units to be privately developed /rehabilitated during the next five (5) years: a. Identify the projected number of units to be developed in the Project Area. b. Identify the projected number of units to be rehabilitated in the Project Area. c. Of 2a and 2b, identify the projected number of dwelling units that must be made available to: G IRSG Marke01290PIans1SealBeach051mpPlan .doc • • Mr. John Bohorski, City Manager CITY OF SEAL BEACH April 25, 2005 Page 5 i. Very low income households ii. Low income households . iii. Moderate income households 3. Project the number of dwelling units to be developed /rehabilitated by the Agency during the next five (5) years: a. The number of units to be developed in the Project Area. b. The number of units to be rehabilitated in the Project Area. c. Of 3a and 3b, calculate the number of dwelling units that must be available to: i. Very low income households ii. Low income households iii. Moderate income households 4. Review affordable housing goals, objectives, and programs contained in the City's Housing Element. 5. Project revenues to fund affordable housing production. 6. Delineate implementation projects /programs and sites for housing development in sufficient detail to measure performance, including on an annual basis, expenditures, and number of units developed, rehabilitated, destroyed, or assisted. 7. Develop a schedule of actions for implementing the housing compliance /implementation plan. V. Adopt the Implementation Plan /Compliance Plan A. Circulate screen check draft implementation plan and compliance plan update to Agency staff and legal counsel. Meet with staff to discuss comments and prepare final draft incorporating comments received. . B. RSG will prepare the public hearing notice for review by legal counsel and prepare the necessary staff report and adopting resolution. C. Present final implementation plan at Agency public hearing. Note: A total of three meetings (2 staff, 1 Agency public hearing) have been included in this scope of work. Any additional meetings would be billed on a time -and- materials basis. RSG will provide five copies of the draft and final plan as well as an electronic copy of the final document in a PDF format. G: IRSGIMarken1290PIanslSealBeach051mpPlan doc r • • Professional Services Agreement Seal Beach Redevelopment Agency and Rosenow Spevacek Group, Inc. May 9, 2005 EXHIBIT "B" FEE QUOTE 2005 -2009 AB1290 Contract RSG 12 • • • • Mr. John Bohorski, City Manager CITY OF SEAL BEACH April 25, 2005 Page 6 FEE QUOTE RSG will undertake the activities presented in the Proposal Detail for a fee not to exceed $15,750. Concurrent to submittal of this proposal, RSG has also submitted a proposal to conduct a study relative to the Agency's ability to deactivate. While the assignment is different, certain elements of work may be duplicated. To the extent that this occurs, the result would be a savings on the cost of the work conducted. For this reason there is an expectation that there would be savings on one of the two proposed assignments. This proposal includes attendance at three (3) meetings, two staff and one Agency /City Council Meeting. RSG will bill on a time - and - materials basis at the following hourly rates: Principal /Director $175 Senior Associate $145 Associate $125 Senior Analyst $100 Analyst $ 90 Research Assistant/Real Estate Technician $ 80 Word Processor /Graphic Artist $ 60 Clerical $ 50 Reimbursables Cost, plus 10% 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 services, overnight mail costs, and copies of reports, documents, notices and support material in excess of five (5) copies. These costs are charged at actual expense, plus a 10% surcharge. RSG issues monthly invoices payable upon receipt, unless otherwise agreed upon in advance. Invoices will identify tasks completed to date, hours expended and the hourly rate. Thank you for the opportunity to submit this proposal. If you have any questions regarding this proposal, please call me at (714) 541 -4585 x 128. Sincerely, ROSENOW SPEVACEK GROUP, INC. t Z to ar- - " -. Felise Acosta Principal GIRSGIMarket 1290PIanssSealBeach051mpPlan doe