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City of Hermosa Beach --- 06-27-00
Recommendation: That the City Council:
Background: Pursuant to State mandate, each local jurisdiction must accept its fair share of housing growth based upon growth projections provided by the State through a process called the Regional Housing Needs Assessment (RHNA). On May 4, 2000 the RHNA process was completed and the City of Hermosa Beach was allocated 332 units of total construction need. Each local jurisdiction is required to prepare a Housing Element Update incorporating goals, policies and programs to implement the housing allocation prescribed under RHNA. The Housing Element Update is intended to coordinate local housing development with infrastructure needs and anticipated growth in the State over a five year planning cycle. The draft document must be submitted to the State for review by December 2000.
Analysis: On May 22, 2000 a Request for Proposal was issued to nine consulting firms. Two responses were received from Parsons Corporation and Blodgett / Baylosis Associates. Both firms have significant experience preparing over 50 Housing Elements and Updates. for various cities in California. Parsons Corporation is proposing to work from Northern California and Southern California offices, whereas BBA is based in Southern California. The scope of work is outlined in the RFP and generally involves collecting data on housing needs and conditions, preparing an inventory of resources and constraints in meeting these needs, reviewing the City’s current Housing Element and other relevant General Plan Elements, preparing quantified objectives for a draft Housing Element Update with programs to meet RHNA allocations, obtaining Planning Commission and City Council direction on the draft Update, conducting public hearings and workshops for public input and submittal of the draft document to the State. The proposal evaluations were based upon staff experience, firm capabilities, compliance with the RFP, project approach and cost. Staff found that both firms were capable and qualified to carry out the scope of work, however, Parson’s Corporation has proposed to use staff based in Northern California which could complicate communication with the firm and production of the document, especially given the time constraints to complete the work. In addition, Parson Corporation’s proposal was $11,000 higher and contained extra services such as preparation of a housing condition survey and coordination with the State Department of Housing and Community Development during the certification process which should be part of the regular scope of work. BBA also has particular experience in the South Bay, which can facilitate development of housing programs for the City. Staff contacted several references from cities which have contracted with BBA and generally found that the firm was excellent and very thorough. BBA has proposed to provide the requested service for $23, 980 exclusive of public mailing and advertising costs for hearings which is consistent with the amount allocated by City Council for the Housing Element Update.
RE: Request for Proposals and Statements of Qualifications for the City of Hermosa Beach General Plan Housing Element Update Project The City of Hermosa Beach is requesting written proposals and statements of qualifications for professional planning services from qualified consultants and firms (hereinafter referred to as "consultant") to prepare an update of its General Plan Housing Element. The previously approved housing element was last revised in 1989 as part of an overall General Plan update. Copies of the existing Housing Element can be obtained from the Community Development Department.
BACKGROUND The City of Hermosa Beach is located in the South Bay subregion of Los Angeles County and is 1.3 square miles in size. It is bounded by the City of Manhatten Beach to the north, the City of Redondo Beach to the east and south, and the Pacific Ocean to the west. The City has 9,791 dwelling units and a population of 19,401. CITY OBJECTIVES The City's objectives include, but are not limited to the following:
SCOPE OF SERVICES Under the overall project management of the Community Development Director, the selected consultant shall provide the following services:
DELIVERABLES All documents, notices, labels and maps mentioned above in the "Scope of Services" section. In addition, all written documents (notices, reports, housing element update, etc.) shall be presented on a floppy diskette in Word 6.0 or Word '97 format, and sent via e-mail, as required by the City. Regular updates of the documents on floppy disk and e-mail shall be provided to City staff as drafts are revised and finalized. Furthermore, the consultant shall provide a project schedule that shows the anticipated time frame for completing each task. The City anticipates a five month schedule, with the Draft Housing Element Update submitted to HCD by December 2000. PROPOSAL & STATEMENT OF QUALIFICATIONS The proposal, at a minimum, should include the following information:
SELECTION CRITERIA The following factors will be evaluated by the City during the selection process:
SELECTION PROCESS All complete proposals received prior to the submission deadline will be reviewed for consideration. A recommendation for the selection of consultant will then be made to the City Council and a contract will be awarded. SUBMITTAL An original and seven (7) copies of your proposal (facsimile copies of the proposals will not be accepted) should be submitted by: 5:30 P.M. on May 25, 2000 Should you need further information, please contact Sol Blumenfeld, Community Development Director, or Ken Robertson, Associate Planner, at (310) 318-0242 or via email at sblumenfeld@hermosabch.org or krobertson@herrmosabch.org respectively.
AGREEMENT TO PROVIDE CONSULTING SERVICES
This agreement, (the "Agreement") is made by and between the City of Hermosa Beach, a municipal corporation, located at Civic Center, 1315 Valley Drive, Hermosa Beach, California 90254-3885, hereinafter referred to as "CITY", and Blodgett/Baylosis Associates, 6709 Greenleaf Avenue, Suite 314, Whittier, California 90601, hereinafter referred to as "CONSULTANT": WHEREAS, CONSULTANT is a California corporation which provides planning, environmental, and economic analysis consulting services to government agencies for the purpose of discharging the responsibilities of government agencies; and WHEREAS, CONSULTANT is qualified to provide such services; and WHEREAS, economic reasons exist which make it in the best interests of CITY to discharge certain of its responsibilities through the use of consulting services provided by CONSULTANT; NOW, THEREFORE, in consideration of the promises, covenants, and warranties hereinafter set forth, the parties hereto mutually agree as follows:
ARTICLE 1 IMPLEMENTATION 1.1 Term of Agreement . This Agreement and the rights and obligations of CITY and CONSULTANT shall commence on July 6, 2000, and shall continue for an indeterminate period not to exceed six months until January 6, 2001. This Agreement may be terminated with or without cause by either party with ten (10) days advance written notice specifying the effective date of termination. In the event of such termination, CONSULTANT shall be compensated for such services up to the point of termination. 1.2 Scope of Services . CONSULTANT shall provide CITY with consulting planning services consistent with the duties required to prepare a housing element update as described in Exhibit A: CONSULTANT services shall be provided by the individuals identified in Exhibit A attached hereto and incorporated herein by reference. 1.3 Duties of CONSULTANT . CONSULTANT shall (1) pay all fees and other remuneration to the individuals whom it provides to perform the services pursuant to this Agreement; (2) prepare and file all applicable tax documents and reports; (3) pay all amounts due and owing pursuant to the applicable tax documents and reports. CITY shall not be called upon to assume any liability for the direct payment of any salary, wage or other compensation to any person engaged by CONSULTANT performing services hereunder for CITY. 1.4 Workers’ Compensation . CONSULTANT maintains Workers’ Compensation and Employers Liability Insurance of a form and in an amount as required by state law covering the individuals providing services pursuant to this Agreement. 1.5 Other Insurance . CONSULTANT agrees to and shall at its own cost and expense procure and maintain during the term of this Agreement general liability insurance in an amount of not less than $1 million per occurrence and annual aggregate. Such insurance shall be procured from an insurer authorized to do business in California, and approved in writing by CITY. CITY and its officers and employees shall be named as additional insureds. In addition, CONSULTANT shall obtain professional liability insurance in the amount of $500,000 per occurrence and $1 million annual aggregate. CONSULTANT shall provide CITY with satisfactory evidence that premiums have been paid and shall deliver to CITY satisfactory evidence that such insurance has been renewed and that the required premium or premiums therefore have been paid. The policies shall provide that they are not subject to cancellation without thirty (30) days written notice to CITY. 1.6 Additional Requirement . Provide proof of valid California Driver’s License with safe driving record.
ARTICLE 2 COMPENSATION 2.1 Fee . CITY shall pay CONSULTANT for the consultant services rendered pursuant to this Agreement in accordance with the rates and amounts set forth in Exhibit A. 2.2 Invoice . CONSULTANT shall submit to CITY a monthly invoice for services rendered. If CONSULTANT’s bill is properly prepared, CITY shall pay CONSULTANT all uncontested amounts set forth in CONSULTANT’s bill not later than thirty (30) days from invoice date. 2.3 Payment Address . All payments due shall be paid to: Blodgett/Baylosis Associates 6709 Greenleaf Avenue, Suite 314 Whittier, CA 90601
ARTICLE 3 SUPERVISION OF CONSULTANTS CITY shall review the work by CONSULTANT to perform work outlined in Exhibit A. The individuals provided by CONSULTANT to perform such services shall discharge government responsibilities and perform in accordance with the ordinances, resolutions, rules, regulations, and procedures adopted by CITY. CONSULTANT shall have no control over such government responsibilities and such ordinances, resolutions, rules, regulations, and procedures. CONSULTANT, and the individuals it provides to perform planning consultant services, shall have the status of independent contractors to CITY and shall have no power to incur any debt or obligation for or on behalf of CITY. Neither CITY nor any of its officers or employees shall have any control over the conduct of CONSULTANT, or any of the individuals provided by CONSULTANT to perform building consultant services, except as herein set forth. CONSULTANT expressly warrants not to, at any time or in any manner, represent that it, or any of its agents, servants or employees are in any manner employees of CITY, it being distinctly understood that CONSULTANT is and shall at all times remain to CITY a wholly independent contractor and CONSULTANT’s obligations to CITY are solely as such as are prescribed by this Agreement.
ARTICLE 4 INDEMNIFICATION CONSULTANT shall indemnify, defend, and hold harmless CITY, its officers, employees and agents from and against all claims, causes of action, liabilities and damages for injuries to persons and property, including reasonable costs of defense and attorney fees, arising from the negligent of wrongful acts, errors or omissions of CONSULTANT and its employees, subconsultants and agents in the performance of professional services under this Agreement. CONSULTANT shall promptly pay the amount of any judgment rendered against the CITY, its officers, employees and agents for any such indemnified claims, and reasonable costs and attorney fees incurred by CITY in the defense of such claims. CITY shall indemnify and hold harmless CONSULTANT, its officers, employees and agents from and against all claims, causes of action, liabilities and damages for injuries to persons and property, including reasonable costs of defense and attorney fees, arising from the negligent or wrongful acts, errors or omissions of CITY and its employees, officers, and agents in the performance of its governmental responsibilities. CITY shall promptly pay the amount of any judgment rendered against CONSULTANT, its officers, employees and agents for any such indemnified claims, and reasonable costs and attorney fees incurred by CONSULTANT in the defense of such claims.
ARTICLE 5 GENERAL PROVISIONS 5.1 Representation . A CITY representative shall be designated by the CITY and an CONSULTANT representative shall be designated by CONSULTANT as the primary contact person for each party regarding performance of this Agreement. The following are the designated representatives: Representative for CONSULTANT – Marc Blodgett Representative for the City of Hermosa Beach -- Sol Blumenfeld 5.2 Legal Action . Should either party to this Agreement bring legal action against the other, the case shall be handled within the County where CITY is located, and the party prevailing in such action shall be entitled to reasonable attorneys’ fee which shall be fixed by the judge hearing the case and such fee shall be included in the judgment. 5.3 Assignment . This Agreement shall not be assignable by either party without the prior written consent of the other party. 5.4 Titles . The titles used in this Agreement are for general reference only and are not part of this Agreement. 5.5 Conflict of Interest . CONSULTANT shall provide no services requiring review by the City on behalf of any private client within the corporate boundaries of CITY during the period that this agreement is in effect. 5.6 Extent of Agreement . This Agreement represents the entire and integrated Agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified or amended only by a subsequent written agreement signed by both parties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written.
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