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HomeMy WebLinkAbout040296 RDA AgendaAGENDA CITY OF TEMECULA OLD TOWN REDEVELOPMENT ADVISORY COMMITTEE A REGULAR MEETING TEMECULA CITY HALL - MAIN CONFERENCE ROOM 43174 Business Park Drive April 2, 1996 - 5:30 PM CALL TO ORDER: Flag Salute Chairperson Susan Bridges presiding. Agency Member Thesing ROLL CALL: Committee Members: Albert, Bridges, Jenkins, Thesing, Zeldin PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address the Council on items that are not listed on the Agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you desire to speak to the Council about an item not listed on the Agenda or on the consent Calendar, a pink "Request To Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name and address. For all other agenda items a "Request To Speak" form must be filed with the City Clerk before the Council gets to that item. There is a five (5) minute time limit for individual speakers. COMMITTEE BUSINESS ADoroyal of Minutes RECOMMENDATION: 1.1 Approve the minutes of December 5, 1995 2 Relocation Assistance Services RECOMMENDATION: 2.1 Review and Provide Comments 3 Status Report on the Implementation of the Old Town Specific Plan RECOMMENDATION: 3.1 Receive and file EXECUTIVE DIRECTOR'S REPORT COMMITTEE MEMBER REPORTS ADJOURNMENT Next regular meeting: May 7, 1996, 5:30 PM, Temecula City Hall, Main Conference Room, 43174 Business Park Drive, Temecula, California R:\REDEV'xOTACx,96-0402.AGN 3/29/96 dwh ITEM I TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: FROM: DATE: SUBJECT: Members of the Redevelopment Advisory Committee Ronald E. Bradley, Executive Director~-~ April 2, 1996 December 5, 1996 Minutes This Agenda Report was previously provided to the Committee as part of the February 6, 1996 and March 5, 1996 Agenda Packets. Please bring your copy to the meeting. ITEM 2 TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: FROM: DATE: SUBJECT: Members of the Redevelopment Advisory Committee Ronald E. Bradley, Executive Director ~ April 2, 1996 Status Report on the Implementation of the Old Town Specific Plan This Agenda Report was previously provided to the Committee as part of the February 6, 1996 and March 5, 1996 Agenda Packets. Please bring your copy to the meeting. R:\REDEV\OTAC\96-0402.AGbl 3/27/96 dwh 4 ITEM 3 TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: FROM: DATE: SUBJECT: Members of the Redevelopment Advisory Committee Ronald E. Bradley, Executive Director ~ April 2, 1996 Relocation Assistance Services PREPARED BY: David W. Hogan, Senior Planner RECOMMENDATION: It is requested that the Old Town Redevelopment Advisory Committee review and provide their comments and concerns on the proposed contract. BACKGROUND: According to State Redevelopment Law, businesses and households displaced because their property or location has been acquired by a City or Redevelopment Agency, or by private parties operating under agreements with the City or Redevelopment Agency, are eligible to receive relocation advisory services and, subject to eligibility requirements, certain relocation payments. Prior to the displacement of any households or businesses, a Relocation Plan must be prepared. The Plan must describe the extent of the proposed relocation and establish the nature of the relocation assistance to be provided. Two projects currently underway within the Old Town area will require preparation of a relocation plan and the provision of relocation assistance services. These projects are (1) the Old Town Entertainment Project; and (2) the First Street Extension Project, which will be funded by a Community Facilities District and for which acquisition will be undertaken by City staff representing the District. DISCUSSION: Proposals for relocation assistance were solicited, and the proposal from Pacific Relocation Consultants, who have extensive experience in the provision of relocation assistance, is recommended to receive the contract for this work. The costs for their services to prepare the Relocation Plan are 92,500 + 9125 per displaced household. This includes preparation of all necessary reports, public notices and coordinating with the State Department of Community Development. Preparing the Relocation Plan should take about three weeks once approval to proceed has been given. The cost of the relocation assistance services will be billed at the following rates: For Residential Tenants/Owner Occupants For Businesses 1,500 per case 2,500 per case In addition, general consulting services, including coordination meetings with staff or other consultants will be billed on an hourly rate. The total costs are not expected to exceed 92,500, The billing rates are as follows: Principal Project Manager Relocation Specialist 9 100 per hour 85 per hour 70 per hour The final cost for these services will depend upon the number of eligible households and businesses. However, the total costs are not expected to exceed 920,000. The actual cost for preparing the Relocation Plan and of providing relocation assistance will be prorated between the City, Redevelopment Agency, Community Facilities District, and Old Town Redevelopment Project (TZBG). The Redevelopment Agency Budget currently contains 920,000 for its portion of the expenses. Attachments: 1. Proposed Contract. R:\HOGAND\RELOCAT.OTA 3/29/96 dwh 2 ATTACHMENT NO. 1 R:XHOGAND\RELOCAT,OTA 3/29/96 dwh 3 CITY OF TEMECULA AGREEMENT FOR CONSULTANT SERVICES THIS AGREEMENT, is made and effective as of April 9, 1996, between the City of Temecula, a municipal corporation ("City") and Pacific Relocation Consultants ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on April 9, 1996 and shall remain and continue in effect until tasks described herein are completed, but in no event later than December 31, 1996, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Consultant shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed twenty thousand dollars ($20,000.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager a:xanarilynXreloeate.agt -1- 4/9/96 may approve additional work not to exceed ten percent (10%) of the amount of the Agreement, but in no event shall such sum exceed ten thousand dollars ($10,000.00). Any additional work in excess of this amount shall be approved by the City Council. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all nondisputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. SUSPENSION OR TERMINATION OF AGREF~MENT WITHOUT CAUSE** a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 3. 6. DEFAULT OF CONSULTANT. a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the ConsultanUs control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant falls to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to a:Xmarayn\telo~ate.gt -2- 4/9/96 terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. c. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. 8. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. 9. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a:~natilyn\relocmte.agt ~3 - 419196 Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. (4) Errors and omissions liability insurance appropriate to the consultant' s profession. Consultant shall maintain limits no less Minimum Limits of Insurance. (1) (2) (3) 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 project/location or the general aggregate limit shall be twice the required occurrence limit. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. Employer's Liability: $1,000,000 per accident for bodily injury or disease. (4) Errors and omissions liability: $1,000,000 per occurrence. c. Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: s:hnarilyn\relocate.agt -4- 4/9/96 (D The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant' s insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shah be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant' s insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. a:~trilyn\reloea~.agt -5- 4/9/96 10. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant' s exclusive direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. I,EGAL RESPONSIBIlITW~S. The Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 12. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City a:~marilyn\relocate.agt -6- 4~9~96 retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, heating or similar proceeding. Consultant agrees to cooporate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 13. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mall, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: To City: City of Temecula 43174 Business Park Drive Temecula, California 92590 Attention: City Manager To Consultant: Pacific Relocation Consultants 100 West Broadway, Suite 300 Long Beach, CA 90802 14. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Because of the personal nature of the services to be rendered pursuant to this Agreement, only Steve Oliver shall perform the services described in this Agreement or such other personnel as may be approved by the City Manager. Consultant may use assistants, under their direct supervision, to perform some of the services under this Agreement. Consultant shall provide City fourteen (14) days' notice prior to the departure of Steve Oliver from Consultant's employ. Should he or she leave Consultant' s employ, the city shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period. Upon termination of this Agreement, ConsultanUs sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 15. I ,ICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING lAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any a:~amhilynXreloe~l~.~gt -7- 4/9/96 litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Temeeula. 17. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party' s own independent investigation of any and all facts such party deems material. 18. AUTHORITY TO EXECUTE THI,~ AGRF, F. MENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By Mayor Attest: June S. Greek City Clerk Approved As to Form: Peter M. Thorson City Attorney a:~natilya\relocate.~gt '8- 4/9/96 CONSULTANT Pacific Relocation Consultants By Steve Oliver, Partner a:h~lynXrelocate.gt -9- 4~9~96 EXHIBIT A TASKS TO BE PERFORMED II. III. Preparation of Relocation Plans including all necessary report elements including but not limited to public noticing, coordination with the Department of Housing and Community Development (HCD) and distribution of informational material. Provide relocation advisory services as required by State Law to residential tenants and owner-occupants and business tenants and owner-occupants. Provide general consulting services outside the Scope of Tasks I and II above as approved in advance by the City Manager or his authorized designee. a: Xmarilyn\reloeate.agt - l 0- 4/9/96 EXHIBIT B PAYMENT SCHEDULE Tasks described on Exhibit A, Task I, will be completed for a fixed fee of $2,500 plus $125 per household unit. II. Tasks described on Exhibit A, Task H will be provided on a fixed fee per case basis as follows: (a) Residential Tenants/Owner Occupants $1,500 per case (b) Business Tenants/Owner Occupants $2,500 per case Ill. General consulting services described in Exhibit A, Task III shall be provided on an hourly basis as follows: Principal Project Manager Relocation Specialist $100 per hour $ 85 per hour $ 70 per hour a:hnadlynXretocate.~gt -11- 4/9/96