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HomeMy WebLinkAbout2012-06-26 CC Agenda Item No. 12i TO: HONORABLE MAYOR i MEMBERS OF THE CITY COUNCIL FROM: THOMAS P. EVANS CITY MANAGER DATE: JUNE 28 2012 SUBJECT: PREPARATION OF THE 2014-2021 HOUSING ELEMENT UPDATE, AWARDING OF THE CONSULTANT'S CONTRACT. ^ oil 11 1IM-TIM-1 Staff recommends that the City Council authorize the City Manager to enter into a professional services agreement with Hogle- Ireland, Inc. to prepare the City of Lake Elsinore Housing Element Update, for the period January 1, 2014 to December 31, 2021 (HEU), for an amount not to exceed $34,580 and in such form as approved by the City Attorney. • I ile • The city of Lake Elsinore adopted an update to its General Plan on December 13, 2011, that included the July 1, 2008 to June 30, 2014 Housing Element. In order to adopt the next cycle Housing Element before the deadline date of October, 2013, a consultant must be onboard to update the background information, gather input regarding housing needs from community leaders and stakeholders, and ultimately prepare a Draft Housing Element for review by the city and submittal to the State Department of Housing and Community Development (HCD). If the city successfully meets the deadline date, the adopted Housing Element will be valid for an eight -year period, not expiring until December 31, 2021. If we do not meet the State - imposed deadline, the adopted Housing Element will be limited to a four -year term, expiring on December 31, 2017. On April 24, 2012, Planning Staff sent out and posted on the City's website a Request for Proposal (RFP) to prepare the Housing Element Update. The RFP required that the AGENDA ITEM NO. 11 Page 1 of 15 Awardin of Contract for Housin Element Update June 26, 2012 Pa 2 of 3 consultant attain certification, makin an necessar revisions to the draft as re b the State or the Cit Staff received six proposals from the consultin firms listed below in alphabetical order: CONSULTANT LOCATION PROPOSAL Castaneda & Associates Riverside, CA J-.- H--.-,-Douglas & Associates Santa Ana, CA Ho Inc. Riverside, CA Rancho Cordova, CA RBF Consultin Swi Consulti Huntin Beach, CA Discussion Staff had the followin objectives in mind in the selection process: • Knowled and experienced: Thorou understandin of related State Laws and new re histor of Housin Element preparation in the Inland Empire, g ood workin relationship with HCD. • Excellent presentation skills: Polished, professional, friendl en and responsive. • Or efficient and self-reliant: Number of staff committed to the project, their expertise, availabilit of technical resources, minimal tasks allotted to Cit staff. • Flexible: Willin to work within the proposed bud and timeframe to achieve State certification. • Reasonable Cost. Based on these criteria and review of the proposals, staff interviewed the top three candidates, checked references and reviewed sample work product. Subse to this process, Staff ranked Ho Inc. (H-1) as the first choice to prepare the Cit Housin Element Update. H-1 has prepared HEUs in most of the nei cities — Riverside, Norco, Murrieta, Perris. Their knowled of local housin issues count is a g reat advanta H-1 also completed and obtained HCD certification of Lake Elsinore's last HEU in December 2011. Throu that process, H-1 is well aware of the Cit desire to update the snapshot in time, and is read to include new data in the next HEU. Durin the interview process, Staff asked that the HEU contain a simplified set of g oals and policies, and H-1 indicated that was possible durin this HEU c H-1 also proposed minor modifications to the ori schedule and a rate reduction from $39,995 to the amount referenced above in reco of its recent work with the Cit The Project Mana Nelson Miller, served as Communit Development Director in Lake Elsinore (1985-1988), and has knowled of properties and developments throu the Cit Pa 2 of 15 WA r,A ardin of Contract for Housin Element Update June 26, 2012 Pa 3 of 3 Fiscal Impact Associated costs for the 2014-2021 Housin Element Update are included in the 2012- 2013 Plannin Division Fiscal Year bud $60,000 is allocated for the HEU contract and staff time and materials. Attachments: 1. A for Professional Services 2. Ho Proposal (under separate cover Pa 3 of 15 Page 4 of 15 This A for Professional Services (the "A is made and entered into as of this twent da of June, 2012, b and between the Cit of Lake Elsinore, a municipal corporation ( "Cit y and Ho Inc. ("Consultant" I V =101 A. Consultant is speciall trained, experienced and competent to perform the special services which will be re b this A B. Consultant possesses the skill, experience, abilit back certification and knowled to provide the services described in this A on the terms and conditions described herein. C. Cit desires to retain Consultant to render professional consultin services and related work as set forth in this A 1. Scope of Services. Consultant shall perform the services described in the Proposal to Prepare the Cit of Lake Elsinore Housin Element Update dated Ma 24, 2012 ("Scope of Services) and attached as Exhibit "A" and incorporated herein b reference. Consultant shall provide said services at the time, place, and in the manner as specified in the Scope of Services (Exhibit "A"), subject to the direction of the Cit throu its staff . 2. Time of Performance. The services of Consultant shall commence upon execution of this A and shall continue as provided in the Scope of Services (Exhibit "A"). I Compensation. Compensation to be paid to Consultant shall not exceed thirt thousand five hundred ei dollars ( $34,580.00 ) . Compensation shall be in accordance with the Compensation Schedule attached hereto as Exhibit "B" and authorization of the Cit Council. Pa b Cit under this A shall not be deemed a waiver of defects, even if such defects were known to the Cit at the time of pa 4. Method of Pa Consultant shall submit monthl billin to Cit describin the work performed durin the precedin month and the amount owed consistent with the Compensation Schedule ( Exhibit "B"). Consultant's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and b whom, and a description of an reimbursable expenditures. Cit staff shall promptl review invoices and advise Consultant as to an disapproval. Cit shall pa Consultant no later than 30 da after approval of the monthl invoice b Cit staff. Pa 5 of 15 5. Extra Work. At an time durin the term of this A Cit ma re that Consultant perform Extra Work. As used herein, "Extra Work" means work which is determined b Cit to i® outside of the scope of the Scope of Services ( Exhibit Consultant shall not perform Extra Work without written authorization from Cit Extra work will be invoiced separatel from services performed in accordance with the Scope of Services ( Exhibit 6. Termination. This A ma be terminated b the Cit immediatel for cause or b either part without cause upon thirt ( 30 ) da written notice of termination. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination. 7. Ownership o Documents. All plans, studies, documents and other writin prepared b and for Consultant, its officers, emplo and a and subcontractors in the course of implementin this A workin notepad internal documents, shall become the propert of the Cit upon pa to Consultant for such work, and the Cit shall have the sole ri to use such materials in its discretion without further compensation to Consultant or to an other part Consultant shall, at Consultant's expense, provide such reports, plans, studies, documents and other writin to Cit upon written re Cit acknowled that an use of such materials in a manner be the intended purpose as set forth herein shall be at the sole risk of the Cit Cit further a to defend, indemnif and hold harmless Consultant, its officers, officials, a emplo and volunteers from an claims, demands, actions, losses, dama injuries, and liabilit direct or indirect (includin an and all costs and expenses in connection therein), arisin out of the Cit use of such materials in a manner be the intended purpose as set forth herein. a. Licensin of Intellectual Propert This A creates a nonexclusive and perpetual license for Cit to cop use, modif reuse, or sublicense an and all cop desi and other intellectual propert embodied in plans, specifications, studies, drawin estimates, and other documents or works of authorship fixed in an tan medium of expression, includin but not limited to, ph drawin or data ma or otherwise recorded on computer diskettes, which are prepared or caused to be prepared b Consultant under this A but shall not include an license for the Cit use of Consultant's proprietar software or other intellectual propert ( "Documents & Data" Consultant represents and warrants that Consultant has the le ri to license an and all Documents & Data. Cit shall not be limited in an wa in its use of the Documents & Data at an time, provided that an such use not within the purposes intended b this A shall be at Cit sole risk. b. Confidentiality. All memoranda, specifications, plans, procedures, drawin descriptions, computer pro data, input record data, written information, and other Documents & Data either created b or provided to Consultant in connection with the performance of this A shall be held confidential b Consultant. Such materials shall not, without the prior written consent of Cit be used b Consultant for an purposes other than the performance of the services under this A Nor shall such materials be disclosed to an person or entit not connected with the performance of the services under this A Nothin furnished to Consultant which is otherwise known to HE PSA for Ho June 26 2012 2 Pa 6 of 15 Consultant or is g enerall y known, or has become known, to the related industr shall • deemed confidential. Consultant shall not use Cit name or insi photo relatin to services provided b Consultant in accordance with the Scope of Services ( Exhibit "A" or an publicit perta to the Consultant's services under this A in an ma trade paper, newspaper, television or radio production or other similar mediu without the prior written consent of Cit Cit hereb g ives its permission for Consultant t include the Cit in Consultant's list of clients and description of services provided on it web site and other similar materials. 8. Consultant's Books and Records. a. Consultant shall maintain an and all led books of account, invoices, vouchers, canceled checks, and other records or documents evidencin or relatin to char for services, or expenditures and disbursements char to Cit for a minimum period of three (3) y ears, or for an lon period re b law, from the date of final pa to Consultant to this A b. Consultant shall maintain all documents and records which demonstrate performance under this A for a minimum period of three ( 3) y ears, or for an lon period re b law, from the date of termination or completion of this A C. An records or documents re to be maintained pursuant to this A shall be made available for inspection or audit, at an time durin re business hours, upon written re b the Cit Mana Cit Attorne Cit Auditor or a desi representative of these officers. Copies of such documents shall be provided to the Cit for inspection at Cit Hall when it is practical to do so. Otherwise, unless an alternative is mutuall a upon, the records shall be available at Consultant's address indicated for receipt of notices in this A d. Where Cit has reason to believe that such records or documents ma be lost or discarded due to dissolution, disbandment or termination of Consultant's business, Cit ma b written re b an of the above-named officers, re that custod of the records be g iven to the Cit and that the records and documents be maintained in Cit Hall. Access to such records and documents shall be g ranted to an part authorized b Consultant, Consultant's representatives, or Consultant's successor -in- interest. 9. Independent Contractor. It is understood that Consultant, in the performance of the work and services a to be performed, shall act as and be an independent contractor and shall not act as an a or emplo of the Cit Consultant shall obtain no ri to retirement benefits or other benefits which accrue to Cit emplo and Consultant hereb expressl waives an claim it ma have to an such ri 10. Interests of Consultant. Consultant ( includin g principals, associates and professional emplo covenants and represents that it does not now have an investment or interest in real propert and shall not ac an interest, direct or indirect, in the area covered b this A or an other source of income, interest in real HE PSA for Ho June 26 2012 3 Pa 7 of 15 propert or investment which would be affected in an manner or de b the performance of Consultant's services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person havin an such interest shall perform an services under this A Consultant is not a desi emplo within the meanin of the Political Refor Act because Consultant: I a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the Cit or of an Cit official, other than normal a monitorin and b. possesses no authorit with respect to an Cit decision be rendition of information, advice, recommendation or counsel. ( FPPC Re 18700(a)(2 11. Professional Abilit of Consultant. Cit has relied upon the professional trainin and abilit of Consultant to perform the services hereunder as a material inducement to enter into this A Consultant shall therefore provide properl skilled professional and technical personnel to perform all services under this A All work performed b Consultant under this A shall be in accordance with applicable le re and shall meet the standard of q ualit y ordinaril to be expected of competent professionals in Consultant's field of expertise. 12. Compliance with Laws. Consultant shall use the standard of care in its profession to compl with all applicable federal, state and local laws, codes, ordinances and re 13. Licenses. Consultant represents and warrants to Cit that it has the licenses, permits, q ualifications, insurance and approvals of whatsoever nature which are le re of Consultant to practice its profession. Consultant represents and warrants to Cit that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times durin the term of this A an licenses, permits, insurance and approvals which are le re of Consultant to practice its profession. 14. Indemnity. Consultant a to defend, indemnif and hold harmless the Cit its officers, officials, a emplo and volunteers from and a an and all claims, demands, actions, losses, dama in and liabilit direct or indirect ( includin g an and all costs and expenses in connection therein arisin out of Consultant's ne performance or willful misconduct under this A or its failure to compl with an of its obli contained in this A except for an such claim arisin out of the sole ne or willful misconduct of the Cit its officers, a emplo or volunteers. HE PSA for Ho June 26 2012 4 Pa 8 of 15 15. Insurance Re a. Insurance. Consultant, at Consultant's own cost and expense, shall procure ,2nd maintain, for the duration i contract, the followin insurance policies. i. Workers' Compensation cove rage. Consultant shall maintain Workers' Compensation Insurance and Emplo Liabilit Insurance for his/her emplo in accordance with the laws of the State of California. In addition, Consultant shall re each subcontractor to similarl maintain Workers' Compensation Insurance and Emplo Liabilit Insurance in accordance with the laws of the State of California for all of the subcontractor's emplo An notice of cancellation or non-renewal of all Workers' Compensation policies must be received b the Cit at least thirt (30) da prior to such chan The insurer shall a to waive all ri of subro a Cit its officers, a emplo and volunteers for losses arisin from work performed b Consultant for Cit ii. General Liabilit Covera Consultant shall maintain commercial g eneral liabilit insurance in an amount not less than one million dollars ( $1,000,000 ) per occurrence for bodil in personal in and propert dama If a commercial g eneral liabilit insurance form or other form with a g eneral a limit is used, either the g eneral a limit shall appl separatel to the work to be performed under this A or the g eneral a limit shall be at least twice the re occurrence limit. iii. Automobile Liabilit Covera Consultant shall maintain automobile liabilit insurance coverin bodil in and propert dama for all activities of the Consultant arisin out of or in connection with the work to be performed under this A includin covera for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined sin limit for each occurrence. iv. Professional Liabilit Covera Consultant shall maintain professional errors and omissions liabilit insurance for protection a claims alle ne acts, errors or omissions which ma arise from Consultant's operations under this A whether such operations b the Consultant or b its emplo subcontractors, or subconsultants. The amount of this insurance shall not be less than one million dollars ( $1,000,000 ) on a claims-made annual a basis, or a combined sin limit per occurrence basis. b. Endorsements. Each g eneral liabilit and automobile liabilit insurance polic shall be with insurers possessin a Best=s ratin of no less than A:VII and shall be endorsed with the followin specific lan i The Cit its elected or appointed officers, officials, emplo a and volunteers are to be covered as additional insureds with respect to HE PSA for Ho June 26 2012 5 liabilit arisin out of work performed b or • behalf of the Consultant, includin materials, parts or e furnished in connection with such work or operations. ii. This polic shall be considered primar insurance as respects the Cit its elected or appointed officers, onicials, emplo a and volunteers. An insurance maintained b the Cit includin an self-insured retention the Cit ma have, shall be considered excess insurance onl and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as thou a separate polic had been written for each, except with respect to the limits of liabilit of the insurin compan iv. The insurer waives all ri of subro a the Cit its elected or appointed officers, officials, emplo or a V. An failure to compl with reportin provisions of the policies shall not affect covera provided to the Cit its elected or appointed officers, officials, emplo a or volunteers. vi. The insurance provided b this Polic shall not be suspended, voided, canceled, or reduced in covera or in limits except after thirt (30) da written notice has been received b the Cit C. Deductibles and Self-insured Retentions. An deductibles or self-insured retentions must be declared to and approved b the Cit At the Cit option, Consultant shall demonstrate financial capabilit for pa of such deductibles or self-insured retentions. d. Certificates of Insurance. Consultant shall provide certificates of insurance with ori endorsements to Cit as evidence of the insurance covera re herein. Certificates of such insurance shall be filed with the Cit on or before commencement of performance of this A Current certification of insurance shall be kept on file w ith the Cit at all times durin the term of this A 16. Notices. An notice re to be g iven under this A shall be in writin and either served personall or sent prepaid, first class mail. An such notice shall be addressed to the other part at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailin if mailed as provided in this section. If to Cit Cit of Lake Elsinore Attn: Cit Mana 130 South Main Street Lake Elsinore, CA 92530 HE PSA for Ho June 26 2012 X N 0 it 6 ^ 1 0 94IMMEME 'If to Consultant: Ho Aftn: Nelson E. Miller Vice President 1500 Iowa Avenue, Suite 1 10 Riverside, CA 92507 17. Entire A This A constitutes the complete and exclusive statement of A between the Cit and Consultant. All prior written and oral communications, includin correspondence, drafts, memoranda, and representations, are superseded in total b this A 18. Amendments. This A ma be modified or amended onl b a written document executed b both Consultant and Cit and approved as to form b the Cit Attorne 19. Assi and Subcontractin The parties reco that a substantial inducement to Cit for enterin into this A is the professional reputation, experience and competence of Consultant. Consultant shall be full responsible to Cit for all acts or omissions of an subcontractors. Assi of an or all ri duties or obli of the Consultant under this A will be permitted onl with the express consent of the Cit Consultant shall not subcontract an portion of the work to be performed under this A without the written authorization of the Cit If Cit consents to such subcontract, Consultant shall be full responsible to Cit for all acts or omissions of those subcontractors. Nothin in this A shall create an contractual relationship between Cit and an subcontractor nor shall it create an obli on the part of the Cit to pa or to see to the pa of an monies due to an such subcontractor other than as otherwise is re b law. 20. Waiver. Waiver of a breach or default under this A shall not constitute a continuin waiver of a subse breach of the same or an other provision under this A 21. Severabilit If an term or portion of this A is held to be invalid, ille or otherwise unenforceable b a court of competent jurisdiction, the remainin provisions of this A shall continue in full force and effect. 22. Controllin Law Venue. This A and all matters relatin to it shall be g overned b the laws of the State of California and an action brou relatin to this A shall be held exclusivel in a state court in the Count of Riverside. 23. Liti Expenses and Attorne Fees. If either part to this A commences an le action a the other part arisin out of this A the prevailin part shall be entitled to recover its reasonable liti expenses, includin court costs, expert witness fees, discover expenses, and attorne fees. 24. Mediation. The parties a to make a g ood faith attempt to resolve an disputes arisin out of this A throu mediation prior to commencin liti The parties shall mutuall a upon the mediator and share the costs of mediation HE PSA for Ho June 26 2012 7 Pa 11 of 15 e If the parties are unable to a upon a mediator, the dispute shall be submitted to JAMS/ENDISPUTE ( "JAMS" ) or its successor in interest. JAMS shall provide the parties with the names of five q ualified mediators. Each part shall have the option to strike two of the five mediators selected b JAMS and thereafter the mediator remainin shall hear the dispute. If the dispute remains unresolved after mediation, either part ma commence liti 25. Execution. This A ma be executed in several counterparts, each of which shall constitute one and the same instrument and shall become bindin upon the parties when at least one cop hereof shall have been si b all parties hereto. In approvin this A it shall not be necessar to produce or account for more than one such counterpart. 26. Authorit to Enter A Consultant has all re power and authorit to conduct its business and to execute, deliver, and perform the A Each part warrants that the individuals who have si this A have the le power, ri and authorit to make this A and to bind each respective part 27. Prohibited Interests. Consultant maintains and warrants that it has not emplo nor retained an compan or person, other than a bona fide emplo workin solel for Consultant, to solicit or secure this A Further, Consultant warrants that it has not paid nor has it a to pa an compan or person, other than a bona fide emplo workin solel for Consultant, an fee, commission, percenta brokera fee, g ift or other consideration contin upon or resultin from the award or makin of this A For breach or violation of this warrant Cit shall have the ri to rescind this A without liabilit For the term of this A no member, officer or emplo of Cit durin the term of his or her service with Cit shall have an direct interest in this A or obtain an present or anticipated material benefit arisin therefrom. 28. Equal Opportunit Emplo Consultant represents that it is an e opportunit emplo and it shall not discriminate a an subcontractor, emplo or applicant for emplo because of race, reli color, national ori handicap, ancestr sex or a Such non - discrimination shall include, but not be limited to, all activities related to initial emplo up demotion, transfer, recruitment or recruitment advertisin la or termination. HE PSA for Ho June 26 2012 8 Pa 12 of 15 IN WITNESS WHEREOF the parties have caused this A to be executed on the date first written above. W44 k via CITY OF LAKE ELSINORE, a municipal corporation Thomas P. Evans, Interim Cit Mana Vir Bloom, Cit Clerk Barbara Leibold ,j Cit Attorne "CONSULTANT" Hoale-Ireland Inc. 1500 Iowa Avenue, Suite 110 Riverside, CA 92507 B Nelson E. Miller Its: Vice President HE PSA for Ho June 26 2012 9 Pa 13 of 15 Housin Elements are due in October of 2013. Adoptin this Housin Element on time means that the subse c the Cit will have ei y ears until the next update rather than four y ears. Ho proposed to adhere to the followin milestones to complete the Housin Element Update, with sufficient time for Plannin Commission and Cit Council adoption b October 2013. MILESTONE TARGET COMPLETION DATE Contract Execution/Start Date June 2012 Kick-off Meetin June 19, 2012 Screencheck Housin Element for Staff Review 1st week of October 2012 Cit Review of Draft - Comments to Ho 2 wks after Draft Plan submittal Complete Public Review Draft Housin Element November 2012 Workshop/Stud Session with Public, Plannin Commission and Cit Council to review Draft Housin Element December 2012 HCD Submittal #1 Januar 2013 Respond to HCD Comments and Revise Draft Housin Element 2-3 wks after HCD comments are received HCD Submittal #2 March 2013 Initiate Environmental Documentation March 2013 Cit Review of Admin. Env. Documentation Complete. - Comments to Ho 2 wks after Admin Draft Environmental Document Submittal Public Hearin for Housin Element and Environmental Document September 2013 Final Certified 2014-2021 Housin Element October 13, 2013 Exhibit "A" rTT*rtCT417mMJ3 We are sensitive to the bud challen all cities face toda thus, we have structured the work pro to focus on the immediate issue at hand: ensurin the Housin Element is consistent with housin element law, providin defensible environmental documentation to support the polic document, and meetin State-mandated deadlines. While we have structured the work pro and cost proposal based on our understandin of the Cit objectives, both are flexible and can be adjusted to meet y our particular needs. The scope of work and bud presented in this proposal are based on the followin assumptions: ii The Cit will provide Ho with all applicable and most current GIS files, includin a parcel-specific file that includes zonin and General Plan desi i--,, The Cit will be responsible for noticin all public workshops and hearin E Ho will produce hard-copies of documents as indicated b the Scope of Work; otherwise, all documents will be provided electronicall for the Cit to reproduce and/or distribute. i� Ho will devote the staff resources necessar to keep the pro on schedule and Cit staff will review draft documents and provided needed information in a timel fashion consistent with the schedule. Cit of Lake Elsinore Housin Element Update Ho Fee Schedule TASK TOTAL COST Task 1 - Project Initiation 1.1 Project Kick-off and work Refinement $ 990 Task 2 - Assessment 2.1 Evaluation of 2008-2014 HE $1,380 2.2 Document Review $ 780 Task 3 - Housin Element Preparation 3.1 Housin Needs Anal $4,380 3.2 Housin Resources and Opportunities $31300 3.3 Housin Constraints $1,350 3.4 Goals, Policies and Quantified Objectives $1,320 3.5 Communit Outreach Meetin $1 Task 4 - Prepare and Finalize Housin Element 4.1 Draft Housin Element $41170 4.2 State Certification (Allowance) $3,540 4.3 Public Hearin (1 PC / 1 CC) $21220 4.4 Final Housin Element $1,520 Task 5 - Environmental Review 5.1 Initial Stud and IVIND $51340 Taks 6 - Communication with Staff and Re Work Products 6.1 On Coordination/Cit Staff Meetin $2,130 Direct Costs (Deliverables and mailin $ 240 TOTAL $34,580 Pa 15 of 15