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HomeMy WebLinkAboutRDA 04 SO. CENT AMEN 02-16-99RDA NO. 2-16-99 DATE: TO' FROM' SUBJECT: FEBRUARY 16, 1999 WILLIAM A. HUSTON, EXECUTIVE DIRECTOR REDEVELOPMENT STAFF APPROVAL OF CONSULTING SERVICES AGREEMENT FOR THE PREPARATION OF A PLAN AMENDMENT FOR THE SOUTH CENTRAL REDEVEI.OPMENT PROJECT AREA SUMMARY: Agency approval is requested to authorize the Assistant City Manager to sign a Consulting Services Agreement for the preparation of an amendment to the Sout.h Central Redevelopment Plan to reestablish the Agency's eminent domain authority in the Redevelopment Project Area. RECOSIMENDATION Authorize the Assistant City Manager to sign a Consulting Services Agreement by and between the Tustin Community Redevelopment Agency and Rosenow Spevacek Group, Inc. FISCAL IMPACT The proposed agreement is in a not to exceed amount of $21,000. Given anticipated cost savings in the FY 1998-1999 South Central Budget, no additional appropriation is needed at this time. BACKGROUND The South Central Redevelopment Plan was adopted in August, 1983 and amended in July, 1985 and November, 1994. It provides the Community Redevelopment Agency with powers, duties, and obligations to implement and further the redevelopment, rehabilitation, revitalization and maintenance of the South/Central project area. Included among the Agency's powers was the authorir,.; to use eminent domain within the South Central Redevelopment Project area. The Agency's eminent domain authority under the South Central Redevelopment Plan recently expired. Over the last several years, the City of Tustin and its Community Redevelopment Agency have embarked on a series of programs to revitalize property within the South/Central project area. This commitment to revitalization of the South/Central project has been demonstrated by development of the Micro Center project at Del Amo Avenue, development of Tustin Grove, a project of 140 new single family homes at Newport Avenue and the Southern California Rail Authorir,.; right-of-way, and design work for a new SR-55 ramp at Edinger and the extension of Newport Avenue south to Valencia. The Community Redevelopment Agency also acquired the former Case Swayne property at 1021 E. Edinger Street. A portion of the acquisition site will be necessary for the extension of Newport Avenue, but there will be an approximate 1.4-acre William A. Huston February 16, 1999 Page 2 remainder parcel of land east of the future Newport Avenue right-of-way that will be made available for redevelopment. There is a series' of programs remaining to be undertaken within the South Central Redevelopment Project area that may require the Agency's assistance in assembling properties to ensure the orderly development of sites. The proposed agreement for consulting services will authorize the work related to the preparation of the RedeVelopment Plan Amendment, to reestablish the Agency's eminent domain authority in the Project area, including the formation of Project Area Committee (PAC) as required under State Redevelopment Law. The proposed Consultant Services Agreement has been reviewed and approved by the City Attorney's office. Christine A. Shingletojr/// Assistant City Managt~W Ja~'es A I-Efraughon Semor ProJect Manager Attachment CONSULTANT SERVICES AGREEMENT This Agreement for Consultant Services (herein "Agreement"), is made and entered into by and between the TUSTIN COMMUNITY REDEVELOPMENT AGENCY, a public body, corporate and politic, ("Agency"), and ROSENOW SPEVACEK GROUP, INC. ("Consultant"). WHEREAS, Consultant is qualified to provide the necessary services and has agreed to provide such services; and WHEREAS, Consultant has submitted to Agency a proposal, dated December 7, 1998, a copy of which is attached hereto as Exhibit "A", and is by this reference incorporated herein as though set forth in full hereafter (the "Proposal"). NOW, THEREFORE, in consideration of the premises and mutual agreements contained herein, Agency agrees to employ and does hereby employ Consultant and Consultant agrees to provide consulting services as follows: o SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services specified in Scope of Services attached hereto as Exhibit "B" and incorporated herein by this reference, (the '.'services" or the "work") and in the Consultant's proposal, "Exhibit A." Consultant warrants that all services shall be performed in a competent, professional and satisfactory manner in accordance with all standards prevalent in the industry. In'the event of any inconsistency between the terms contained in Exhlbit '.'A" and the terms set forth in the main body of this Agreement, the terms set forth in the main body of this Agreement and Exhibits B, C and D shall govern. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all laws, ordinances, resolutions, statutes, rules, and regulations' of the City of Tustin. and Tustin Community Redevelopment Agency and of any federal; state or local governmental agency of competent jurisdiction. · 1.3 'Licenses and Permits. Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Contract, Consultant warrants that Consultant (a) has thoroughly investigated and considered the work to be performed, Co) has investigated the site of the work and become fully acquainted with the conditions' there existing, (c) has carefully considered how the work should be performed, and (d) fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should the Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by the Agency, Consultant shall immediately inform Agency of such fact and shall not proceed with any work except at Consultant's risk until written instructions are. received from the Contract Officer. 1.5 Care of Work.. Consultant shall adopt and follow reasonable procedures and methods during the term of the Agreement to prevent loss or damage to materials, papers or other components of the work, and shall be responsible for all such damage until acceptance of the work by Agency, except such loss or damages as may be caused by Agency's own negligence. 1.6 Additional Services. Consultant shall perform services in addition to those specified in .the Consultant's Proposal and Exhibit "B" hereto when directed to do so in writing by the Contract Officer, provided that Consultant shall not be required to perform any additional services without compensation. Any additional compensation not exceeding ten percent (10%) of the original Contract sum must be approved in writing by the Contract Officer. Any greater increase must be approved in writing by the Executive Director. 1.7 Special Requirements. Additional terms and conditions of this Agreement are set. forth in Exhibits "B", "C" and "D" and are incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit "B", "C" and "D" and any other provision or provisions of this Agreement including Exhibit A, the provisions of Exhibits "B", "'C" and "D" shall govern. 2. COMPENSATION 2.1 . Compensation of Consultant. For the services rendered pursuant to this Agreement, the Consultant shall be compensated and reimbursed in an amount not to exceed $21,000, including reimbursement for expenses. 2.2 Method of Payment. In any month in which Consultant wishes to receive payment, Consultant shall no later than the first working day of such month, submit to Agency in the form approved by Agency's Director of Finance, an invoice for services rendered prior to the date of the invoice. Agency'shall pay Consultant for all expenses stated thereon which are approved bY Agency consistent with this Agreement, no later than the last working day of said month. 2.3 Payment for Changes. Changes approved pursuant to an Addendum shall be compensated at the personnel hourly rates prescribed in Exhibit "A" hereto. 3. PERFORMANCE SCHED~E 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed within any time periods prescribed in any-Schedule of Performance attached hereto marked Exhibit "D". The extension of any time period specified in the Exhibit "D" must be approved in writing by the Contract Officer. The Contract Officer shall not unreasonably withhold consent for an extension of time which is necessitated solely by the action(s) or inaction(s) of the Agency on its officers or employees. 3.3 Force Maieure. The time for performance of services to be rendered pursuant to this Agreement may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not 'restricted to, acts of God or of a public enemy, acts of the government, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, fi.eight embargoes, and unusually severe weather if the Consultant shall within ten (10) days of the commencement of such condition notify the Contract Officer who shall thereupon ascertain the facts and the extent of any necessary delay, and extend the time for performing the services for the period of the enforced delay when and if in the Contract Officer's judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term. Unless earlier terminated in accordance with Section 7.7 of this Agreement, this Agreement shall continue in full force and effect until satisfactory completion of the services but not exceeding one (1) year fi.om the date hereof, unless extended by mutual Written agreement of the parties. 4. COORDINATION OF WORK 4.1 Representative of Consultant. The following Principal of the Consultant is hereby designated as being the principal and representative of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: Kathleen Rosenow, Principal Rosenow Spevacek Group, Inc. 540 North Golden Circle, Suite 305 Santa Ana, CA 92705-3914 It is expressly understood that the experience, knowledge, capability and reputation of the foregoing Principal is a substantial inducement for Agency to enter into this Agreement. Therefore, the foregoing Principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The .foregoing Principal may not be changed by Consultant without the express written approval of Agency. 4.2 Contract Officer. The Contract Officer shall be the Assistant City Manager of City unless otherwise designated in writing by the Executive Director of Agency. It shall be the Consultant's responsibility to keep the Contract Officer fully informed of the progress of the performance of the services and Consultant shall refer any decisions that must be made by Agency to the Contract Officer. Unless otherwise specified herein, any approval of Agency required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontractin$ or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the Agency to enter into this Agreement. Therefore, Consultant shall not contract with any'other entity to perform in whole or in part the services required hereunder without the express written approval of the Agency. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of Agency. The Agency shall not unreasonably withhold consent for an assignment, to a business entity that succeeds to the entire assets and operation of the Consultant's business. Reasonable grounds for withholding such consent shall include, but shall not be limited to, a delay in performance caused by or related to the assignment and/or a proposed change in the Principal designated in Section 4.1 of this Agreement. 4.4 Independent Consultant. Neither the Agency nor any of its emploYees shall have any control over the manner, mode or means by' which Consultant, its agents or employees perform the services required herein, except as otherwise set forth herein. Consultant shall perform all services required herein as an independent consultant of Agency and shall remain at all times as to Agency a wholly independent consultant with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of Agency. 5. INSURANCE, INDEMNIFICATION AND BONDS 5.1 Insurance. Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's performance under this Agreement. Consultant shall also carry workers' compensation insurance in accordance with California workers compensation laws. Such insurance shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice to Agency of any proposed cancellation. The Agency's certificate evidencing the foregoing and designating Agency and the City of Tustin (City) as additional named insureds shall be delivered to and approved by the Agency and City prior to commencement of the services hereunder. The procuring of such insurance and the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify the Agency, its consultants, officers, and employees. The amount of insurance required hereunder shall include comprehensive general liability, personal injury and automobile liability with limits of at least One Million Dollars ($1,000,000) combined single limit per occurrence. Coverage shall be provided by admitted insurers with an A.M. Best's Key Rating of at least AVII. 5.2 Indemnification. The Consultant shall defend, indemnify and hold harmless the Agency, City, its officers and employees, fi.om and against any and all actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, for injury to or death of person or persons, for damage to property, including property owned by Agency, City, due to errors and omissions committed by Consultant, its officers, employees and agents, arising out of or related to Consultant's performance Under this Agreement, except for such loss as may be caused by Agency or City's own negligence or that of its officers or employees. 6. RECORDS AND REPORTS 6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract'Officer shall require. 6.2 Records. Consultant shall keep such books and records as shall be necessary to properly perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such-services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit and make records and transcripts fi.om such records. 6.3 Ownership of Documents. All drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of this Agreement shall be.the property of Agency and shall be delivered to Agency upon request of the 'Contract Officer or Upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by Agency of its full fights or ownership of the documents and materials hereunder.' Consultant may retain copies.of such documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied therein. 6.4 Release of Documents. All drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of services under this Agreement shah not be released publicly without the prior written approval of the Contract Officer. 7. ENFORCEMENT OF AGREEMENT 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. 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 Orange, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in va'iting of its contentions by submitting a claim therefor. The injured party shall continue perfonning its obligations hereunder so long as the injuring party cures any default within ninety (90) days after service of the notice, or if the cure of the default is commenced within thirty (30) days after service of said notice and is cured within a reasonable time after commencement; provided that if the default is an immediate danger to the health, safety and general welfare, the City may take immediate action under Section 7.6 of this Agreement. Compliance with the provisions of this Section shall be a condition precedent to. any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured. 7.3 Waiver. No delay or omission in the exercise of any fight or remedy of a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of Agency shall be deemed to waive or render' unnecessary Agency's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.4 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be eXclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.5 Legal Action. In addition to any'other rights or remedies, either'party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgment or any other remedy consistent with the purposes of this Agreement. 7.6 Termination Prior to Expiration of Tenn. The Agency reserves the right to terminate this Agreement at any time, with or without cause, upon th/rty (30) days written notice to Consultant, except that where termination i~ due to the fault of the Consultant and constitutes an immediate danger to health, safety and general welfare, the period of notice shall be such shorter time as may be~ appropriate. Upon receipt of the notice of termination, Consultant shall immediately cease all services hereunder except .such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter. ~ ' 7.7 Termination for Default of Consultant. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, Agency may take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated, provided that the Agency shall use reasonable efforts to mitigate damages, and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed to City. 7.8 Attorneys Fees. If either party commences an action against the other party arising out of or in connection with this Agreement or it subject matter, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs ofsuit from the losing party. 8. 'AGENCY AND. CITY OFFICERS AND EMPLOYEES; NON- DISCRIMINATION 8.1 Non-Liability of 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 the Agency or for any amount which may become due to the Consultant orits successor, or for breach of any obligation'of the terms of this Agreement. 8.2 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination or segregation in the performance of or in connection with this Agreement regarding any person or group of. persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry. ConSultant shall take affirmative action to insure that applicants and employees are treated without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry. MISCELLANEOUS pRovISIONS 9.1 Notice. Any notice, demand, request, consent, approval, or communication either party desires or is requirec[ to give to the other party or any other person shall be in writing and either served personally or sent by pre-paid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours fi.om the time of mailing if mailed as provided in this Section. To City: TUSTIN COMMUNITM REDEVELOPMENT AGENCY 300 Centennial Way Tustin, CA 92780 Attention: Assistant City Manager (Contract Officer) To Consultant: Kathleen Rosenow, Principal Rosenow Spevacek Group, Inc. 540 North Golden Circle, Suite 305 Santa Ana, CA 92705-3914 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and cannot be amended or modified except by written agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections 'contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the parties hereunder. 9.5 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute th/s Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. Dated: "City" TUSTIN COMMUNITY REDEVELOPMENT ~AGENCY By: Christine A. Shingleton Assistant City Manager. APPROVED AS TO FORM: Lois Jeffrey City Attorney "Consultan!Y" _ .~ By: /~~%~ Kathleen Roenow, Principal Rosenow Spevacek Group, Inc. EXHIBIT "A" CONSULTANT'S PROPOSAL Attached hereto are: 1) Consultant's Proposal 10 R o ~ E N O X'(' $ P F.' V A C I! K G R O U I' INC. - 9 998 REDEVEL OPMENT AGENC Y December 7, 1998 Via Fax and Regular Mail Mr. Jim Draughon TUSTIN REDEVELOPMENT AGENCY 300 Centennial Way. Tustin, Califomia 92780 PROPOSAL FOR CONSULTANT SERVICES Dear Mr. Draughon: Rosenow Spevacek Group, Inc. ("RSG") welcomes the opportunity to submit this revised proposal for redevelopment plan amendment consultant services. Based upon our recent discussion, it is my understanding that the-Tustin Redevelopment Agency ("Agency") seeks to amend the Redevelopment Plan for the South Central Redevelopment Project ("Amendment") to extend the eminent domain provision. It has been determined that the Amendment process will necessitate the formation of a Project Area Committee so the scope has been revised from our prior proposal to include these services: BACKGROUND Simplified Plan Amendment Procedure Section 33354.6 of the California Redevelopment Law, Health and Safety Code Section 33000, et seq. ("CRL"), specifies those amendments which require the Agency to follow'the full plan adoption process. Extending or reestablishing eminent' domain time limits is not included in this 'list; therefore, the Agency can follow the simplified procedure as outlined in Sections 33450 through 33458 of the CRL. Basically, the procedure to reestablish the Agency's authority to utilize eminent domain entails a public hearing and its required notices, and completion of the reports.and findings described in CRL Sections 33352 and 33367 "to the extent warranted." The hearing should be a joint public hearing of the Agency and City Council. The notice requirements prescribed by Section 33452 of the CRL include: 1) publication of the notice of the hearing in a newspaper of general circulation once a week for three successive weeks; 2) mailed notice of the hearing (via first class mail at least 30 days prior to the hearing) to all property owners, businesses, residents and persons, firms or corporations which have acquired property within the Project Area from the Agency; and 3) mailed notice of the hearing (via certified mail with remm receipt requested) to the governing body of each affected taxing agency at least 30 540 North Golden Circle, Suite 305 · Santa Ana, CA 92705-3914 · Telephone 714.541.4585 · Fax 714.836.1748 . San Diego 760.967.6462 · E-Mail Address: RSGINCCA@aol.com Mr. Jim Draughon TUSTIN REDEVELOPMEN~T AGENCY December 7, 1998 Page 2 days prior to the hearing. Finally, after the hearing and adoption of the amending ordinance, the ordinance must be recorded and transmitted to various government entities. It should be noted that an amendment to reestablish eminent domain Powers does not trigger mandatory pass-through payments to affected taXing entities. Environmental Documentation The amendment process will require preparation of environmental documentation which can likely be satisfied with a negative declaration. However, an initial study will need to be completed prior to making this determination. This action can be undertaken by city planning staff, or RSG could subcontract for these services. SCOPE OF SERVICES RSG proposes to perform the following tasks related to a simplified plan amendment procedure: o Scopin~ Meetino_ and Data Collection: Meet with Agency staff to reView issues and collect information related to the South Central Redevelopment Project. Prepare Amendment Schedule: Ascertain the council meeting and agenda deadline schedule and develop a project schedule accordingly. The schedule will enunciate the task, time frame, and person responsible for each task. 3, Conduct Field Work: Complete field Work to document conditions pursuant to Section 33031 of the CRL in the area in which the provision of eminent domain is to be reestablished. o o .6. Proiect Area Committee Formation: Pursuant to CRL Section 33385, prepare procedures for creation of a Project Area' Committee, hold information and election meetings and attend meetings of the Project Area Committee (PAC).. RSG will draft required notice letters; however, it is our understanding that City staff will oversee the actual mailings. Prepare Necessary Documents: Prepare the text amendment to the Redevelopment Plan and a Report to the City Council pursuant to Section 33352 of the CRL. Given that the proposed Amendment Mll involve a simplified procedure, it is anticipated that minimal resubstantiation of blight will be needed to justify the Agency's extension of eminent domain in the Project Area.. Attend Community Forum Meeting(s): RSG will attend and/or conduct (at the direction of the Agency) one community forum meeting prior to the joint public hearing. tustin\tustprp Mr. Jim Draughon TUSTIN REDEVELOPMENT AGENCY December 7, 1998 Page 3 7. Prepare Mailing. List: Prepare taxing entity mailing list to be used for mailing notices required by the CRL. , Prepare Required Notices: Prepare notices required by the CRL, including: the notice pursuant to Section 33327 of the CRL; the published and mailed notice of community forum meeting(s); and the published and mailed notice of joint public hearing for property owners, businesses, residents and persons, firrns or corporations which have acquired property within the Project Area from the Agency. 9. Attend the Joint Public Hearinm RSG will attend and present information (if deemed necessary) at the joint public hearing. 10. Prepare Staff Reports and Follow-up: Draft all staff reports needed to proceed with the amendment and prepare follow-up correspondence as required by the CRL. 11. Prepare Written Responses to Written Obiections (if applicable): If needed, RSG will prepare written responses to any written objections received at the joint public hearing. OTHER SERVICES It is assumed that Agency's legal counsel will prepare resolutions and the ordinance adopting the Amendment. It is also assumed that City staff v-ill be directly responsible for all mailings; RSG will only draft required notices, letters, etc. PROJECT TEAM All project activities performed by RSG will be managed and coordinated by Kathleen Rogenow, Managing Principal/Project Manager. In this role, she will direct the preparation of all documents, attend meetings, and manage all facets of the. redevelopment plan amendment process. Ms. Rosenow's recent experience in the area of redevelopment project formation includes project area adoption/amendment activities in the Cities of Santa Ana, Brea, San Marcos, Orange, Hemet, and West Hollywood. Ms. Rosenow will be assisted by Hitta Mosesman, Associate. Ms. Mosesman will provide support services to RSG staff for this engagement. In this capacity, she would assist with document preparation and coordination, and attend meetings. Ms. Mosesman has served in a supporting role on a variety of RSG projects, including redevelopment adoption/amendment activities in the Cities of Diamond Bar, Brea, Camarillo, Carson, Fontana, and Burbank. Specifically, Ms. Mosesman has completed work on four eminent domain amendments in the last year which were similar in nature to the proposed Amendment. tustin~tustprp Mr. Jim Draughon TUSTIN REDEVELOPMENT AGENCY December 7, 1998 Page 4 BUDGET RSG estimates that the services outlined above can be completed for a fee not to exceed $21,000, excluding the cost of mailings, postage, publications, and environmental documentation. RSG invoices monthly, and invoices are payable upon receipt. Invoices identify tasks completed, hours expended, and the hourly rate. Our hourly billing rates are as follows: Principal $125 Senior Associate $100 Associate $ 85 Senior Analyst $ 75 Analyst ' $ 65 Research Assistant $ 50 Word Processor $ 40 Clerical $ 30 Reimbursables Cost Plus 10% SCHEDULE RSG will coordinate the'preparation of all documents and monitor activities related to the proposed Amendment. The first step in the Amendment process will be preparation of a schedule that takes into consideration the meeting dates and agenda requirements of the Agency and City Council. Because it will be necessary to form a Project Area Committee, it is estimated that the process will take at least six months. Staff has indicated that it may be prudent to also amend the Redevelopment Plan to modify certain financial limits. Redevelopment Law requires the "long-form" amendment process when financial limits are modified including resubstantiation of the presence of blight. Therefore, if the City chooses to undertake such an amendment, it would be necessary to modify both the schedule and budget. tusiin\tu~prp Mr. Jim Draughon TUSTIN REDEVELOPMENF AGENCY December 7, 1998 Page 5 Thank you for the opportunity to submit this proposal for your review. I hope it outlines those issues you wanted addressed. Should you have any questions regarding this letter or require any additional information, please do not hesitate to contact me. Sincerely, ROSENOW SPEVACEK GROUP INC. Kathleen Rosenow Principal KR:dw tu.~tin\tus~prp PRELIMINARY ADOPTION SCHEDULE TUSTIN REDEVELOPMENT AGENCY SOUTH CENTRAL REDEVELOPMENT PROJECT AREA EMINENT DOMAIN AMENDMENT A,~proxlmete D~te February 1st Feburary 15th February 16th March 15tll ApHI 1st Apdl 15tll May 1st May 15th May 15th June 15th July 1st July 15th August lSth September 15th Event - Scoping Meeting/prepare mailing lists - Agency/Council approval of PAC Formation Procedures - Mail notices for PAC Formation (30 days prior to information meeting) - Public information meeting on PAC Formation - PAC Election - Agency/Council approval of Draft Plan Amendment/CEO. A Document and confirmation of PAC (2 weeks after election) - PAC meeting(s) to review Plan Amendment - Set Public Hearing Time and Place - Publish and Mail Notices of Public Hearing (4 weeks prior to Hearing) - Public Headng - Report to Council - First Reading of Ordinance - Second Reading of Ordinance - Ordinance Effective (30 days after Second Reading) - Challenge Period Ends (60 days after Second Reading) EXHIBIT "B" SCOPE OF SERVICES AND SPECIAL REQUIREMENTS The Consultant shall perform the tasks related to processing a simplified plan amendment the for the purpose of reestablishing eminent domain authority of the Tustin Community Redevelopment Agency in the South Center Redevelopment Project Area. The services to be provided by 'the Consultant shall follow the simplified procedure as outlined in Sections 33450 through 33458 of the California Redevelopment Law including, but not limited to the following: 1. Scoping Meeting and Data Collection: Meet w/th Agency staff to review issues and collect information related to the South Central Redevelopment Project. 2, Prepare Plan Amendment Schedule: Ascertain the Tustin City .Council and Redevelopment Agency meeting and agenda deadline schedule and develop a project schedule accordingly that will identify the task, time fi.me needed and the person responsible for each task. 4~ Conduct Field. Work: Complete field work necessary to document conditions pursuant to Section 33031 of California Redevelopment Law in the South Central Project Area in which the Provision of eminent domain is to be reestablished. Project Area Committee Formation: Prepare procedures for creation of a Project Area Committee (PAC), hold and/or conduct informational and election meetings, and attend meetings of the PAC pursuant to Section 33385 of California Redevelopment Law, including but not limited to drafting required public notice letters ( Agency staff will oversee the actual mailings). Prepare Necessary Documents: Prepare the text amendment to the South Central Redevelopment Project Plan and the Report to the City Council and/or Redevelopment Agency pursu.ant to Section 33352 of California Redevelopment Law. Based on the simplified. procedure for the proposed Amendment, it is anticipated that minimal re-substantiation of blight in the Redevelopment Project Area will be needed to justify the Agency's reestablishing eminent domain in the Redevelopment Project Area. 6. Community Forum Meetings: Attend and/or conduct, at the direction of the Agency one community forum meeting prior to the joint public hearing(s). 7. Prepare Mailing List: Prepare taxing entity mailing list to be used for mailing notices and information required by California Redevelopment Law. 8..Prepare Required Notices: Prepare notices required by California Redevelopment Law including, but not limited to, the notice pursuant to Section 33327 of California Redevelopment Law, the published and maiied notice of community forum meeting(s), and the published and 11 mailed notice of joint public hearing(s) for property owners, businesses, residents and persons, fn'rns or corporations that have acquired property within the Project Area from the Agency. o Attend Joint Public Hearing(s): Attend and/or conduct and present information (if deemed necessary) at the joint public hearing(s). 10. Prepare Staff Reports and Follow-up: Draf~ Consultant and/or RedeveloPment Staff reports needed to proceed with the amendment and prepare follow-up correspondence as required by California Redevelopment Law. 11. Prepare Written Responses to Written Objections: objections received at the joint public hearing(s). Prepare written responses to any written Agency's legal council and staff will prepare the resolutions and ordinance adopting th~ South Central Redevelopment Project Plan Amendment and, except as provided above, Agency staff will be responsible for all mailings and the preparation of an initial study and environmental documents related to amending the Redevelopment Plan. · Other Special Requirements 1. The Consultant shall comply with all applicable federal, state and local laws applicable to 'its activities. , The Consultant shall not release to the public or press any information regarding the purpose/scope of services to be accomplished or data specific to the project required under the Agreement without prior authorization of the contract officer. All such information .is considered confidential. All inquiries made of Consultant shall be immediately referred to the Contradt Officer. . Consultant shall preSent to the Agency certificates of insurance and endorsement forms verifying that the Consultant has the insurance as required by this Agreement. Said form shall be reviewed and approved by the office of the City Attorney. A certificate of insurance form is attached. o If the Contract Officer determines that a product deliverable is unacceptable, the Consultant shall submit a revised product at Consultant's expense. . Consultant shall utilize those professional staff members to perform services as identified in Consultant's proposal. No substitution shall be made without the advance written approval of the Contract Officer. No increase in compensation or reimbursable salary rates will be allowed when personnel or firm substitutions are authorized by the Contract Officer. 6. The Consultant shall review and replace project personnel who'do not perform assigned duties in a manner satisfactory to Contract Officer when requested by Contract Officer. 12 . . . Monthly progress reports shall be submitted by Consultant with billing requests. At minimum these rep°rts shall specify the period reported, tasks completed, tasks underway, percent of project completed and strategies to solve any timing delays. Consultant shall be required to. meet with the Contract Officer and Executive Director as determined necessary or desirable to discuss elements of the Scope of Work and project's progress. Field Investigation necessary. The Consultant shall obtain all necessary field data and make site investigations and studies necessary to properly accomplish the work required under this Agreement. 13 EXHIBIT "C" SCHEDULE OF COMPENSATION compensation 1. As compensation for the Consultant's services under this Agreement, the Agency shall pay the Consultant a not-to-exceed fixed amount of $21,000.00, including reimbursement for expenses. Method of Payrnent o As a condition precedent to any payment to Consultant under this Agreement, Consultant shall submit monthly to the Agency a statement of account which clearly sets forth by dates the designated items of work for which the billing is submitted. The payment request shall identify each task required by the Agreement, percent of completion, and requested amount to be billed against each task. Timing of Payment o The Agency shall review Consultant's monthly statements and pay. Consultant for services rendered and costs incurred hereunder, at the rates and in the amounts provided hereunder, on a monthly basis in accordance with the approved monthly statements. 14 EXltlBIT "D" SCHEDULE OF PERFORMANCE Consultant shall attempt to complete the Scope of Services under this Agreement within nine (9) months of receipt of a Notice to Proceed.