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HomeMy WebLinkAboutRosenow Spevacek Group Inc; 2010-04-08;AGREEMENT TO PREPARE A FEASIBILITY ANALYIS PLAZA CAMINO REAL/CAR COUNRTY CARLSBAD ROSENOW SPEVACEK, GROUP INC. THIS AGREEMENT is made and entered into as of the Q — _ day of 20/6). by and between the CITY OF CARLSBAD, a municipal_ corporation, ("City"), and Rosenow Spevacek Group Inc, a California Corporation, ("Contractor"). RECITALS City requires the professional services of an economic development firm that is experienced in evaluating the feasibility of establishing a new redevelopment project area, or amending and adding one or both of these centers to the South Carlsbad Coastal Redevelopment Area. Contractor has the necessary experience in providing these professional services, has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1 . Scope of Work. City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in Exhibit "A", attached and incorporated by this reference in accordance with the terms and conditions set forth in this Agreement. 2. Term. This Agreement will be effective for a period of one year from the date first above written. 3. Compensation. The total fee payable for the Services to be performed will be six thousand two hundred dollars ($6,200). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or the Services specified in Exhibit "A." 4. Status of Contractor. Contractor will perform the Services as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under the control of City only as to the results to be accomplished. 5. Indemnification. Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. City Attorney Approved Version #05.06.08 6. Insurance. Contractor will obtain and maintain policies of commercial general liability insurance, automobile liability insurance, a combined policy of workers' compensation, employers liability insurance, and professional liability insurance from an insurance company authorized to transact the business of insurance in the State of California which has a current rating in the Best's Key Rating guide of at least A-:VII OR with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X", in an amount of not less than one million dollars ($1,000,000) each, unless otherwise authorized and approved by the City Attorney or the City Manager. Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims- made coverage. The insurance will be in force during the life of this Agreement and will not be canceled without thirty (30) days prior written notice to the City by certified mail. City will be named as an additional insured on General liability. Contractor will furnish certificates of insurance to the Contract Department, with endorsements to City prior to City's execution of this Agreement. 7. Conflict of Interest. City will evaluate Contractor's duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and City's Conflict of Interest Code is required of Contractor or any of Contractor's employees, agents or subcontractors. Should it be determined that disclosure is required, Contractor or Contractor's employees, agents, or subcontractors will complete and file with the City Clerk those schedules specified by City and contained in the Statement of Economic Interests Form 700. 8. Compliance With Laws. Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment and will obtain and maintain a City of Carlsbad Business License for the term of this Agreement. 9. Termination. City or Contractor may terminate this Agreement at any time after a discussion, and written notice to the other party. City will pay Contractor's costs for services delivered up to the time of termination, if the services have been delivered in accordance with the Agreement. 10. Claims and Lawsuits. By signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, Government Code sections 12650, et seq.. and Carlsbad Municipal Code Sections 3.32.025, et seq. Contractor further acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to terminate this Agreement. 11. Venue and Jurisdiction. Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the State Superior Court, San Diego County, California. 12. Assignment. Contractor may assign neither this Agreement nor any part of it, nor any monies due or to become due under it, without the prior written consent of City. 13. Amendments This Agreement may be amended by mutual consent of City and Contractor. Any amendment will be in writing, signed by both parties, with a statement of estimated changes in charges or time schedule. City Attorney Approved Version #05.06.08 14. Authority. The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California "By: Rosenow Spexjacek Group, Inc. Jx Gtty Manager or Mayor ATTEST: *By: /City Cler (sign here) (print name/title) (e-mail address) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation. Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-President *Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney By: Assistant City Attorney City Attorney Approved Version #05.06.08 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On personally appeared ^\ (A V^nou) } bf. Clfl JO , Here Insert Name and Title OT the Officer \1 A CJLK. /In/I. Name(s) of Signer(s) fV REBECCA JO CAHA | Commission * 1650793 | Notary PuWtc - California I Orange County - Ite Comm. Expires Jun 16,20131 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)-»/are subscribed to the within instrument and acknowledged to me that ho/ohc/they executed the same in hio/hor/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Place Notary Seal Above WITNESS rrjy hand and official seal. t k Al/ Si</nkture of Notary PublicSignature OPTIONAL - Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date:Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: 12 Individual Corporate Officer — Title(s): Zl Partner — [~l Limited _ General L Attorney in Fact u Trustee LJ Guardian or Conservator U Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER I Top of thumb here Signer's Name: U Individual ri Corporate Officer — Title(s): U Partner — D Limited D General LJ Attorney in Fact LVJ Trustee LI Guardian or Conservator D Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., PO. Box 2402 -Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1 -800-876-6827 INTELLIGENT COMMUNITY DEVELOPMENT ROSENOW SPEVACEK GROUP INC. 309 WEST 4TH STREET SANTA ANA, CALIFORNIA 92701-4502 Exhibit "A" T 714 541 4585 F 714 541 1175 E INFOa'WEBRSG.COM WEBRSG.COM Via Electronic Mail March 19,2010 Sandra L. Holder Interim Assistant City Manager CITY OF CARLSBAD 1635 Faraday Avenue Carlsbad, California 92008-7314 PROPOSAL TO PREPARE A BRIEFING PAPER - PLAZA CAMINO REAL/ CAR COUNTY CARLSBAD REDEVELOPMENT FEASIBILITY ANALYSIS Dear Ms. Holder: This letter proposal is in response to the March 12, 2010 request by Carlsbad City staff regarding preparing a briefing paper for the Plaza Camino Real and Car Country Carlsbad redevelopment proposals. Westfield, the Plaza Camino Real owner, and various motorcar dealers in Car Country Carlsbad, have approached the City regarding the need to reposition and rehabilitate these commercial centers. Developed in the late 1960's and the mid-1970's, both commercial centers may require significant investment to update the properties, and to incorporate new retail users and features in order to remain competitive. City staff has surfaced the potential to use redevelopment, per the California Community Redevelopment Law, as the means wherein the City could generate capital to invest in these commercial centers, and employ other redevelopment powers to facilitate property reconfiguration and public infrastructure improvements. Prior to evaluating the feasibility of establishing a new redevelopment project area, or amending and adding one or both of these centers to the South Carlsbad Coastal Redevelopment Project Area, staff desires a briefing paper that would frame the issues, the opportunities and the liabilities, and be used to brief the Carlsbad City Council and the Carlsbad Housing and Redevelopment Commission's legal counsel. RSG proposes to prepare this briefing paper and to participate, as required, in subsequent briefings. This letter proposal outlines a work program and budget for this endeavor. REDEVELOPMENT PLANNING REAL LSTA1L LCONOMICS HOUSING FINANCING REAL ESTATE ACQUISITION ECONOMIC DEVELOPMENT GOVERNMENT SERVICES Sandra L. Holder CITY OF CARLSBAD March 19, 2010 Page 2 Work Program Identify the subject properties that may be included in a redevelopment program; based upon our March 12th discussions, these properties may include: • Plaza Camino Real • The retail center west of South Vista Way and east of Marron Road • The retail centers east of El Camino Real, north and south of Marron Road • Car Country Carlsbad. Outline the reason for investing in these commercial centers including: • The Westfield proposal and discussions with their representatives • Discussions with Car Country Carlsbad motorcar dealers • Retail trends • Reviewing the age and configuration of these commercial centers, and how they may or may not be positioned to accommodate future retail trends • Anticipated infrastructure and public facility improvements • Past City investment in public/private partnerships • Examples of other municipalities' investments in public private partnerships. Outline the reasons for considering redevelopment including: • The rational for using tax increment revenue versus sales tax rebates • The form of redevelopment investment in commercial property improvements • Potential infrastructure and environmental mitigation investments • Potential affordable housing investments (employing project generated housing set-aside funds). Review the redevelopment project formation/amendment process including: • The process to establish a new redevelopment project or to amend the South Coastal Redevelopment Project • The need to demonstrate that the retail centers are urbanized, and contain at least one condition of physical blight and one condition of economic blight • The need to prepare and process a program environmental impact report • Potential legal and political liabilities • The anticipated time period to establish a new redevelopment project or amend the South Coastal Redevelopment Project • The anticipated costs. Sandra L. Holder CITY OF CARLSBAD March 19,2010 PageS Deliverables RSG would submit a draft briefing paper for staff review. After review and comment, RSG would then deliver 12 copies of a final briefing paper. The briefing paper will include maps and graphics to effectively communicate the subject material in a concise manner. Schedule The draft briefing paper would be delivered within 21 days of authorization to proceed. Project Team The RSG Project Team would entail Frank J. Spevacek, Principal as Project Manager and strategist, with assistance, as necessary, from Ken Lee, Senior Associate and Brandon Fender, Research Analyst. Fee RSG proposes a fixed fee of $4,200. Not included in this fee is attendance at Council briefings; attendance at these meetings would be charged on a time and materials basis per RSG's current fee schedule Thank you for the opportunity to submit this proposal. If you have any questions, please do not hesitate to contact me. Sincerely, ROSENOW SPEVACEK GROUP, INC. Frank J. Spevacek Principal Cc: Deborah Fountain, City of Carlsbad RSG INTELLIGENT COMMUNITY DEVELOPMENT ROSENOW SPEVACEK GROUP INC. 309 WEST --ITH STREET SANTA ANA, CAl IFORNIA 9P701-450? T 714 541 4585 F 714 541 1175 E INFO'aiWEBRSG.COM WEBRSG.COM ROSENOW SPEVACEK GROUP INC. 2010 BILLING RATES Principal / Director Senior Associate Associate Senior Analyst Analyst Research Assistant Technician Clerical $ 195 $ 160 $ 140 $ 110 $ 100 $ 90 $ 70 $ 60 Reimbursable Expenses Cost plus 10% RSG does not charge for mileage (except direct costs related to blight field surveys), parking, standard telephone/fax expenses, general postage or incidental copies. However, we do charge for messenger services, overnight shipping/express mail costs and teleconferencing services. We also charge for copies of reports, documents, notices, and support material in excess of five (5) copies. These costs are charged back at the actual expense plus a 10% surcharge. RSG issues monthly invoices payable upon receipt, unless otherwise agreed upon in advance. Invoices identify tasks completed to date, hours expended and the hourly rate. Policy Update on August 1, 2008 ~ Change in direct costs related to blight survey mileage. Billing Rates Updated on January 2, 2008 ~ Increase in billing rates unless previous contract still in affect. Policy Update on July 27. 2007 ~ Change in items charged back and issuance of invoices. Policy Update on October 2, 2006 ~ Reflects change in title names, Word Processor/Graphic Artist NO LONGER used (Ex: Technician: -Housing, -Real Estate, -Graphics, -Documentation) \\Administration\Billmg Rates 2010