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HomeMy WebLinkAbout1974-05 CRA .. ". . f . . RESOLUTION NO. 74-5 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT WITH LARRY SMITH AND COMPANY, INC., FOR THE PREPARA- TION OF AN ECONOMIC STUDY FOR THE REDEVELOPMENT PROJECT AREA WHEREAS, the Community Redevelopment Agency of the City of Santa Ana (hereinafter referred to as "Agency"), has undertaken activities necessary for the planning and execution of the Re- development Project in the Project Area pursuant to the California Community Redevelopment Law; and WHEREAS, the Agency desires to retain the services of a contractor to prepare an economic study on the Redevelopment Project, within the boundaries of the Project Area; and WHEREAS, the Agency has solicited and received proposals to undertake an economic study of the redevelopment project for the redevelopment project area; and WHEREAS, Larry Smith & Company, Inc., represents that they are authorized and qualified to provide such services for an economic study for the Agency; NOW, THEREFORE, BE IT RESOLVED that the Community Redevelopment Agency of the City of Santa Ana hereby approves the Agreement for Economic Studies services with Larry Smith & Company, Inc., which agreement is attached hereto and referred to as Exhibit "A", and authorizes the chairman of the Agency to execute said agreement on behalf of the Agency. APPROVED AND ADOPTED thi s 1st day of April , 1974. APPROVED AS TO LEGAL FORM: I hereby certify that the foregoing resolution was duly adopted by the Community Redevelopment Agency of the City of Santa Ana, California, at a regular meeting thereof, held on the 1stday of April ,1974, by the following vote of the Agency: AYES, Members: NOES, Members: ABSENT, Members: Griset, Garthe, Yamamoto, Patterson, Ward Evans Markel Director ~M~~tarY : . "" '. . 'COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ~A, CALIFORNIA, AGREEMENT FOR ECONOMIC STUDIES SERVICES WITH LARRY SMITH AND COMPANY, INC. . THIS AGREEMENT, entered into this lat day of April , 1974, by and between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA, a public body, corporate and politic, (herein- after referred to as the "Agency")., 20 Civic Center Plaza, Santa Ana, California, and LARRY SMITH AND COMPANY, INC., a California corporation, (hereinafter referred to as the "Contractor"), One Maritime Plaza, San Francisco, California, 94111. WIT N ! SSE! H: WHEREAS, the Agency desires to retain the services of the Contractor to prepare an economic study for the Redevelopment Project within the boundaries of the Project Area which are described on the map attached hereto as Exhibit "I", and which boundaries are hereinafter referred to as the "Project Area", and WHEREAS, the Contractor represents that he is authorized ~d qualified to provide such services for the Agency. NOW, THEREFORE, it is mutually agreed between the parties as follows: (5100) SCOPE OF SERVICES When and as requested by the Agency in writing, the Contrac- tor shall perform economic studies services for the Agency in accordance with the following Scope of Services: (SlOl) Identify existing and future employment trends, population levels, and assess overall economic health. This analysis will include an assessment of the competitive position of the project area for attracting new development into the urban core. (5102) Determine development patterns of major land uses such as office,,~ hotel/motel, retail, residential and public useS as related to the urban core and surrounding areas. This analysis will take into consideration proposed public projects, transportation and circula- tion patterns existing and proposed, and pending private development activities which will affect the relationship between the project . area and other parts of Santa Ana. ?th,);J'-/ fI" 'CrtA- - y : . ,. (Sl03 ) WOrk with the planners (Kennard, Delahousie and Gault) on their evaluation of development parameters related to density, open space, views, and other aesthetics related to urban design .formulation. (5104 ) Work with planners on identifying access routes, street net- works,related to the determination of an overall circulation . system to strengthen the plans market potential. (5105 ) .Identify those land uses or land use combinations having the greatest market potential for the pro;ect area. The objective of this task will be to set the stage for the identification of pri- vate land use development opportunities in the pro;ect area. . (5106) . Identify land uses or land use combinations which will best 1ink the urban core and the surrounding area, and identify the catalytic effect anticipated on land uses in the area between the urban core and the immediate surrounding area with respect to in- dependent private development potential. (5107) Determine priorities for land use development based on potential ~rketability and anticipated synergistic effects and integrate conclusions into the urban design planning program. (5108) Identify certain intermediate and long-term development oppor- tunities which could result from short-term actions in the pro;ect. area, and categorize such development potentials over time. Und(;lJ'''', take sufficient market forecasting to identify the short-term, intermediate, and long-term potentials pertaining to specific land uses. (Sl09) Xdentify alternative land use combinations for input into the urban design and three planning alternatives formulated by the planning consultants. (5110) . Work with the planners in identifying existing ~nd future infrastructure requirements such as street and pedestrian networks, and basic utilities. -2- . ~;eIJ-Y . . {S111 ) Identify Agency sources of revenUe, analyze reasonable debt capacity for the issuance of tax allocation bonds, and establish criteria for placement and funneling of private investment capital. Undertake a preliminary analysis of public redevelopment-related capital expenditures which will be required to stimulate develop- ment objectives. This analysis will include a preliminary evalua- tion of a balance between private commercial development activities and public use of the redevelopment area to assure that the redevel- opment program is financially self-sustaining. This will be an initial assessment and may require further and continuous monitor- ing throughout a separately contracted project implementation phase. . (5112 ) 'From data furnished by the planning consultants, estimate ,capital costs of major required infrastructure such as streets and parking, and project anticipated revenues to be received from the development program. (5113 ) Identify spin-off development potentials which may be possible as.a result of prior planned, private or public development action. This analysis will include the development potentials for properties close to existing or potential public improvements such as public transportation terminals. This task will suggest the proper staging of public improvements in order to take maximum advantage of the potential catalytic effect on private developments. (5114 ) Adjust the redevelopment program report as required, based on any additional information gained during the planning process. (5115 ) Prepare a redevelopment program report for approval by the Agency identifying specific opportunities and recommend further actions to be carried out under separately contracted implementation phase. (5116) Contractor sbal, based on the results 'of the paragraphs 5l0l through 5ll5, prepare a final report to be submitted to the Agency as a photo-ready printed original and ten copies. (5200) DATA TO BE FURNISHED ~e Agency shall furnish to the Contractor base maps and county assessor data giving the assessed valuation and ownership of land and improvements by parcels within the redevelopment area; .' The Agency shall provide the Contractor with additional informa- -3- ~f[/f-- ~ . . . . ... tion concerning proposed private developments, public or Agency actions in the City of Santa Ana, and the redevelopment area which would have a bearing on the study. The Agency shall provide the Contractor with timely information' concerning the proposed public transportation system. ' The Agency shall furnish the Contractor with available annual .reports: budgets: bond redemption and tax increment statements: property tax and millage rate trends. These reports and/or data should be from 1965 to present. (5300) TIME OF PERFORMANCE (530l) 'All services required pursuant to SlOl - Sll6 of this Agreement shall commence when and as directed by the Agency and shall be com- pleted by no later than 90 calendar days thereafter. (5400) COMPENSATION AND METHOD OF PAYMENT (S40l) Maximum Compensation ~e total compensation for all services performed in accordance with 5300 above and benefits provided pursu~nt to this Agreement shall be the lump sum, not to exceed Eighteen Thousand Dollars ($18,000.00) payable in monthly installments provided each progress billing is consistent with the percentage of work actually completed. It is estimated that the method of payment will be as follows: end of 30 days 'end of 60 days end of 90 days (5402) Expenses $6,000.00 $4,000.00 $8,000.00 There shall be no additional reimbursement over and above the $18,000.00 "not to exceed figure" in S40l, for travel, subsistence or other incidental expenses incurred by Contractor or his associates in COnnection with the performance of the services'required hereunder. (5403) Method of Payment Upon completion, delivery, and acceptance of the economic studies services, Contractor shall submit a requisition to the Agency specifying the amount due for services performed by the Contractor's staff, and describe the services performed. Such requisition for payment shall contain a certification by a principal member of the ' Contractor's team specifying payment requested is for work performed in accordance with the provisionsbr this Agreement. Upon approval of the requisition, the Agency will pay Contractor up to any agreed upon maximum. The Agency shall make payment on approved requisition -4- .ttA-~ . , " . .by approximately the l5th of a given month if the requisition is .submitted to the Agency no later than the lst of said given month. Payments will be made to the Contractor at the following address: IARRY SMITH AND COMPANY, INC. One Maritime Plaza San Francisco, Da. 94lll {S500) GENERAL PROVISIONS . (S50l) Substitution of Contractor Personnel '~e Contractor agrees to assign the following personnel to this contract: 'R. Graham Stubblefield, (principal member), Robert C. Cirese, and Neal S. Smith. Mr. Richard England will also be available for two meetings with ~e Agency staff. The Contractor wi, 11 , not ~~:- stitute personnel w1thout the approval of the Agency staff. .... (5502) , Public Presentations The Contractor shall be available for up to five public pre- sentations to be held in the City of Santa Ana with representative :members of t;he community as arranged by the Agency or the Agency staff. {SS03) Reports The Contractor shall submit a monthly written report describing .the progress and findings of the work performed and shall further submit an oral weekly report to the Agency staff. (5504) Staff of the Aqencv Nothing in the Contract, shall preclude the Agency from per- forming with its own staff, any of the services herein required of the Contractor. (5505) Ownership of Materials and Documents Any and all sketches, drawings, tracings, field survey notes, computations, detail and other materials and documents prepared by the Contractor shall be the property of the Agency from the moment of their preparation and the Contractor shall deliver such materials and documents to the Agency whenever requested to do so by the Agency. However, 'the Contractor shall have the right to make duplicate copies of such materials and documents for his own file, or other purposes as may be authorized in writing by the Agency. The Agency shall not without the Contractor's written consent associate the Contractor's name with any material not the exclusive product of the Contractor. .' <5506) Non-Disclosure -5- and ~r;- tJ The designs, plans, reports, investigations" materials . . \ . 40cuments prepared or acquired by the Contractor pursuant to this Contract (including any duplicate copies kept by the Contractor) shall not be shown to any other public or private person or entity except as authorized in writing by the Agency. The Contractor shall not disclose to any other public or private person or entity any information regarding the activities of the Agency, except as author- ized in writing by the Agency. (S507) Conflict of Interest . For the duration of this Contract, the Contractor will not act as consultant or perform services of any kind for any person or en- tity other than the Agency or the C~ty of Santa Ana in regard to the Project Area without the prior written consent of the Agency. (S508) Contractor's Liability 'The Contractor shall be responsible for all physical injuries to persons and for all physical damage to property of the Agency or others caused by or resulting from the negligence of itself, its em- ployees, or its agents during the progress of orconne~ted with the rendition of services hereunder, and shall defend 'and~old harmless and indemnify the Agency, the City of Santa Ana, and all officers and employees of both public agencies from all costs and claims for physical damages or injuries, however caused arising out of the Con- tractor's performance of work under this Contract. (5509) Correction of Work The performance of services by the Contractor shall not relieve the Contractor from any obligation to correct any incomplete, in- accUrate, or defective work at no further cost to theA~ency, when such inaccuracies are due to the negligence of the Contractor pro- vided such work has not been accepted in writing by the Agency. <S5l0) Equal Employment Opportunity During the performance of this Contract, the.contractor'a9rees as follows: a) The Contractor will not discriminate against any employee ~r applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color. re- ligion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff ortermina- tion; rates of payor other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to ' post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Agency setting forth the provisions of this non-discrimination clause. . -6- 6ft, (t -,q. " . . . .' .' . - ... b) The Contractor will, in all solicitations or advertise- ments for employees placed by or on behalf of the Contractor state that all qualified applicants will receive consideration for em- 'ployment without regard to race, color, religion, sex, or national origin. c) The Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Contract so th~t such provisions will be binding upon each sub-contractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. . . (5511) Emplovment of Residents The Contractor is encouraged by the Agency to employ qualified people, When available, from the Project Area to assist in providing the services contracted for in this Agreement. (5512) Cost Records In accordance with generally accepted accounting principles, the Contractor shall maintain full and complete records of the cost .of services performed under this Agreement. Such records shall be open to the inspection of the Agency and its employees at all reason- able times. {55l3) SubcontractinQ None of the services covered by this Contract shall be subcon- tracted without the prior written consent of the Agency. The Contrac- tor-shall be as fully responsible to the Agency for the acts and omissions of his subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him. The COntractor shall insert in each subcontract appropriate provisions requiring compliance with the labor standards provisions of this contract, (5514) Assiqnabilitv The Contractor shall not assign any interest in this contract, and shall not transfer any interest in the same (whether by,assignment or novation) without prior written approval of the-AgenCY1provided however, that claims for money due Or to become due the Contractor from the Agency under this contract may be assigned to a bank, trust company, or other financial institutions, or to a Trustee in Bank- ruptcy, without such approval, Notice of any such assignment or trans- fer shall be furnished promptly to the Agency. (5515) Notices Notices to the parties shall, unless otherwis..requested in writing, be sent to the Agency at 20 Civic Center Plaza, Santa Ana, California 92701, and to the Contractor at One Maritime plaza, San Francisco, California 94lll. -7- tlf?A-tj . . . (S5l6) Chanqes The Agency may, from time to time, request changes in the Scope of Services of the Contract to be ~erformed hereunder. Such changes, including any increase or decrease in the amount of the contractor's compensation, which are mutually agreed upon by and between the Agency and the Contractor shall be incorporated in written amendments to this Contract. (~5l7) Termination . This Agreement may be terminated by either party on thirty (30) days written notice to the other. The effective date of can- cellation being the 30th day of said writt~n notice with'no further action by either party. IN WITNESS WHEREOF, the parties hereto have executed this Agree- ment in duplicate on the day and year first above written. COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA, B LARRY SMITH AND COMPANY, INC., a California Corporation ATTEST: ~~~H.~ J.lli~ Florence I. Malone' Recording Secretary Community Redevelopment Agency ~ ~ of the City of Santa Ana ~ .. V...J~rr--.J ATTEST: I , j i ! I I I AD~;'IN. ViCE-PRES., SECRETARY. TREASURER (corporate seal) ,.;:? '~/ ~ /7/ /;// { f-f~ ~/// Richard Goblirsch Executive Director Community Redevelopment Agency of the city of Santa Ana APPROVED AS TO FORM: . -8-