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CC - Item 5A - Consultant Service Agreement for Housing Element UpdateROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: JEFF ALLRED, CITY MANAGER , 0 DATE: NOVEMBER 13, 2012 '�� SUBJECT: CONSULTANT SERVICE AGREEMENT FOR HOUSING ELEMENT UPDATE SUMMARY Every city and county in California must adopt a comprehensive General Plan to govern its land use and planning decisions and all planning and development actions must be consistent with the General Plan. One mandatory element of the General Plan, the Housing Element, is required by State Law to be updated approximately every five years. The Housing Element must include assessments of Rosemead's existing and future housing needs and must include the City's "fair share" Regional Housing Needs Allocation (RHNA) for all income `groups (very low, low, moderate, and above - moderate) as determined by the Southern'California Association of Governments (SCAG). The primary purpose of the Housing Element is to ensure that every jurisdiction establishes polices, procedures, and incentives in its land use planning and redevelopment activities that will result in the maintenance and expansion of the housing supply to adequately house households currently living and expected to live in the jurisdiction. The Housing Element update is required for all cities within the six - county SCAG region and must be completed by October 2013 for the period January 1, 2014 — October 31, 2021. Rosemead's current Housing Element for the period of July 1, 2008 — June 30, 2014 was last prepared by GRC Associates, Inc. and approved by the State Department of Housing and Community Development (HCD) in June 2012. Staff Recommendation It is recommended that the City Council enter into a Professional Services Agreement with GRC Associates, Inc. in the amount of $44,260 for the development of an updated 2014- 2021 Housing Element in accordance with State Law. ANALYSIS A Request for Proposal (RFP) was prepared for an update to the City's Housing Element for the period 2014 — 2021. The RFP was mailed to three (3) consultants (GRC Associates, Hogle- Ireland, Inc., and Environmental Science Associates) and posted on the City's website. One (1) firm (GRC Associated, Inc.) responded affirmatively by the due date of October 29, 2012. The proposal, in the amount of $44,260, was reviewed by the staff and found it in compliance with the RFP. ITEM NO. City Council Report November 13, 2012 Page 2 of 2 GRC Associates has provided urban planning, housing, redevelopment, economic development and environmental consulting services to over 60 cities and agencies in California. Continuous experience in these fields has kept GRC abreast of the ever - changing laws and legal interpretations that affect both present and future projects. They have extensive experience in the City of Rosemead. In the last ten years, GRC has assisted the City in the adoption of the Redevelopment Project Area No. 2; the preparation of the 2005 -2009 Five -Year Implementation Plan; and, most recently the 2008 — 2014 Housing Element update. Based upon a preliminary time schedule, GRC anticipates that the adoption of the Housing Element will take approximately ten (10) months to complete or no later than September 30, 2013. FINANCIAL REVIEW The funding for the project was allocated in the City's approved FY 2012 -13 Annual Budget. PUBLIC NOTICE PROCESS This item has been noticed according to the California Health and Safety Code Section 33490. Prepared by: 4" e 4n' Michelle G. Ramirez Community Development Director Attachment A — Proposal from GRC Associates, Inc. Attachment B — Professional Services Agreement ATTACHMENT A Proposal No. 2012 -15 Update to the City of Rosemead's Housing Element Prepared for: City of Rosemead Community Development Department October 29, 2012 GRC Associates, Inc. 858 S Oak Park Road, Suite 280 Covina, CA 91724 TITLE PAGE RFP Title: Proposal No. 2012 -15 Update to the City of Rosemead's Housing Element Firm: GRC Associates, Inc. 858 Oak Park Road, Suite 280 Covina, CA 91724 Tel: 626.331.6373/Fax: 626.331.6375 Contact: John N. Oshimo President joshimo @grcassoc.com City of Rosemead I Housing Element Update TABLE OF CONTENTS I . Executive Summary .................................... ............................... 1 II Work Plan .................................................. ............................... 2 Approach...............................................................:.... ..............................2 Preparation of the Housing Element ............................ ..............................3 Task 1: Project Management .................................... ..............................3 Task 2: Update Socioeconomic, Demographic, Housing and Employment Information ............................. ..............................4 Task 3: Housing Resources and Opportunities ......... ..............................5 Task 4: Constraints on Housing Production .............. ..............................6 Task 5: Review and Evaluation of the Current Housing Element ...........7 Task 6: Preparation of the Housing Plan and Implementation Program........................................................ ............................... 8 Task 7: Draft Housing Element .................................. ..............................9 Task 8: Final Housing Element ................................. .............................10 Task 9: Public Outreach Program ............................. .............................11 Task 10: Environmental Review ................................. .............................12 III Project Schedule ...................................... ............................... 13 IV. Firm Qualifications ................................... ............................... 15 V . Project Team ............................................ ............................... 17 VI . References ................................................. .............................19 VII Cost and Fee Schedule ............................. ............................... 20 VIII Insurance ................................................. ............................... 22 City of Rosemead I Housing Element Update I. Executive Summary The fifth planning cycle of the Regional Housing Needs Assessment (RHNA) allocation for jurisdictions within the Southern California Association of Governments (SCAG) region was approved by the SCAG Regional Council on October 4, 2012. The approved final RHNA allocation for the City of Rosemead shows the City's need to accommodate 602 households during the 2014 -2021 period. Of this total, 40.3 percent is distributed to low- and very low- income households and 16.5 percent to moderate - income households. Since this is an update, the achievements of the existing Housing Element must be evaluated and existing policies and programs must be revised and augmented as appropriate to meet current and projected housing needs in the City. The Rosemead 2014 -2021 Housing Element ( "Housing Element ") shall include: • Evaluation of the current Rosemead Housing Element goals, policies and programs; • Analysis of the City's housing needs based on its population, housing and employment characteristics and trends; • Inventory of resources that include funds, incentives, programs, and land suitable for residential development; • Analysis of existing and potential governmental, non - government and market constraints that may hinder the City from meeting its share of regional housing needs and the City's efforts to respond to the current downturn in the housing market; • Analysis of special housing needs; • Update of existing housing goals and policies; and • Update of actions and activities the City will implement to achieve the goals, policies and quantitative objects. State law requires that the City adopt its updated Housing Element no later than 18 months after SCAG adopts its 2012 -2035 Regional Transportation Plan (RTP) /Sustainable Communities Strategy (SCS), which was adopted by the Regional Council in April 2012. This deadline includes City review and adoption of the Housing Element, State Department of Housing and Community Development (HCD) review and response to comments, an environmental review as required by the California Environmental Quality Act (CEQA), and an effective community outreach program. GRC will keep City staff up -to -date on the progress of the project and ensure sufficient resources are allocated to complete work on the Housing Element in time for a September 30, 2013 certification from HCD. City of Rosemead I Housing Element Update Page 1 II. Work Plan Approach The objective of the Rosemead Housing Element update is to develop a comprehensive housing program that addresses the housing needs of the City's present and future residents by providing adequate and affordable housing for households of all income levels and for residents with and without special housing needs. Criteria to be used by GRC in developing this Housing Element shall include: (1) satisfying State Housing Element law; (2) meeting the City's fair -share allocation of the regional housing need; (3) consistency with other General Plan Elements and applicable plans and policies; and (4) reflecting the needs and preferences of the local community and decision - making bodies. The success in certifying the Housing Element depends on a number of key factors: • Project Management — Coordinating and communicating with the City staff and HCD staff. • Consistent Policies — Ensuring consistency with the City's General Plan, SCAG's RHNA allocation and RTP /SCS. • Inventory of Suitable Housing Sites — Conducting a survey of vacant land, underutilized land and areas of potential infill and mixed —use as required by AB 2348. • Coordination with the City Departments — Incorporating recent and future housing, economic development, public works activities. • Environmental Review — Preparing all required environment documents and notices within the timeframe required under CEOA. • Public Outreach Process— Developing a community outreach program that provides easy -to- understand information on the Housing Element and update process, and soliciting input from the Rosemead community. The Department of Housing and Community Development, in its draft guidance document for the 2014 -2021 Housing Element cycle, has proposed a streamlined review process for jurisdictions, like Rosemead, that obtained certification for their elements in the previous cycle. Under this process, HCD may be able to certify selected sections of the Housing Element with minor edits and revisions from the City's certified 2008 -2014 element —for example, to reflect more recent demographic and housing data — without needlessly requiring extensive new analysis or discussion. Certain sections —most notably the review of accomplishments since the previous element —are not eligible to be updated in this manner, and the City must still demonstrate compliance with any new City of Rosemead I Housing Element Update Page 2 statutory requirements imposed since the last update. GRC will monitor the development of this streamlining process and discuss with City staff how it can be used to ensure that the project can be completed in the most timely and cost - efficient manner possible. Preparation of the Housing Element TASK 1— Project Management A. Scheduling: At the start of the project, GRC will prepare a detailed schedule that highlights all the milestones through the Housing Element adoption and HCD certification process. This schedule will identify the submittal dates of all draft and final products, workshops, study sessions and public hearings. B. Staff Meetings: To ensure coordination with City staff and a continuous flow of information, GRC will meet with City staff at least six times during the update process or as frequently as needed to ensure a successful project. GRC will immediately notify the City of any unanticipated changes to the scope of work resulting from new housing legislation or significant public comments. Only with written City approval will GRC change the scope. In addition, GRC will attend all Planning Commission and City Council meetings, study sessions and public hearings required by City staff and prepare all required staff reports and resolutions. C. HCD Communication: GRC will coordinate with HCD staff throughout the process to avoid surprises and lengthy comments prior to certification of the Housing Element. In addition, GRC will meet, if necessary, with the HCD staff person responsible for reviewing the City's Housing Element. GRC will also invite HCD on a tour of the City to illustrate the unique opportunities and constraints that exist. Direct contact with HCD and informal responses prior to the submittal of formal written responses will shorten the approval period. Task Staff Schedule Product Project John Oshimo Week of Kickoff meeting, 10 copies of the Management Nov. 19, detailed project schedule and list of 2012 required materials Duration of • Staff reports, resolutions, CEQ4 project notices, at least six (6) staff meetings • Monthly progress reports City of Rosemead I Housing Element Update Page 3 TASK 2 — Update Socioeconomic, Demographic, Housing and Employment Information GRC will update the Housing Element with information from the 2010 Census, Census American Community Survey, Department of Finance (DOF), Employment Development Department (EDD), and from private data sources such as Nielsen /Claritas and Dataquick. GRC will discuss the best means of remedying any data deficiencies with City staff. Housing data will be summarized in tables, and where appropriate, graphically depicted on GIS maps to simplify the information being conveyed. The Housing Element will present the following information: A. Current information on the City's population, households, housing and employment. 1. Population, housing and employment growth trends; 2. Demographic characteristics including age distribution, race and ethnicity, and gender; 3. Housing and household characteristics including household size, incidence of overcrowding, housing tenure, vacancy rate, and level of payment compared to ability to pay; 4. Comparison of median household and per capita income of Rosemead's residents to the region, persons living in poverty by subgroup i.e. female - headed households, elderly, children; and 5. Employment characteristics including labor force population and types of jobs and industries that currently employ Rosemead residents. B. Current for -sale housing prices for the City. Housing costs will be compared with adjacent jurisdictions to assess affordability. Comparable housing cost information will be obtained from private data collection firms and from calls to local real estate companies. C. Current rents by unit size for the City. Rental information will be obtained from apartment owners associations, local real estate agents specializing in rentals, apartment management firms, and from printed and online rental listings. D. Current and projected number of households (where possible) with special housing needs. This analysis will include the following special needs groups: elderly individuals; female heads -of- household; large family households; ethnic and racial minorities; persons with disabilities; and persons and families in need of emergency, transitional and supportive housing. E. Relationship of Rosemead's housing costs to household income. The most recent available data will be analyzed to compare existing household City of Rosemead I Housing Element Update Page 4 incomes in Rosemead with the availability of affordable rental and for -sale housing to residents. F. Update the 2008 housing conditions inventory based on a visual survey of the residential areas of the City. G. Projections of Rosemead's population, household, and employment growth. Based on the existing and designated land use, current housing growth trends and household formation trends, GRC will develop City forecasts targeted to the final RHNA figures. GRC will evaluate whether or not the City will be able to meet its future housing need, by income group, for the 2014 - 2021 planning period. Update Socioeconomic Information John Oshimo Robert Vasquez Peter Chou Niall Huffman Nov. -Dec. Profile of the city with text, tables and charts TASK 3 — Housing Resources and Opportunities State law requires an inventory of land suitable for residential development and analysis of sites' potential for redevelopment or recycling. GRC will examine the current General Plan Land Use Element and Housing Element and work with City staff to identify adequate sites to accommodate the City's share of the regional housing need, including vacant land, underutilized parcels, surplus City sites, and areas of potential infill development. GRC will survey all land in the current Housing Element's vacant developable land inventory and determine if recent development has occurred. GRC will examine the various federal, state and local funding sources that are available for the maintenance, preservation, improvement and development of affordable housing in Rosemead. This list will include such funding programs as the HOME, CDBG, tax credits, and other potential funding programs. The recent dissolution of redevelopment agencies in California has created uncertainty about the disposition of low /moderate- income housing set -aside monies that typically underwrite affordable housing development. GRC will work with staff to develop alternative funding solutions for meeting the City's lower- income RHNA allocation. These solutions could include cooperation between the City and county and state City of Rosemead I Housing Element Update Page 5 agencies, as well as nonprofit organizations, to ensure adequate resources are available to facilitate development. Housing Resources John Oshimo and Opportunities peter Chou Niall Huffman Dec. -Jan. List and map of available sites including parcel number, property and housing condition and size • Discussion of existing and potential funding sources • GIS analysis and maps identifying parcels available for housing TASK 4 — Constraints on Housing Production GRC will examine both governmental and non - governmental constraints that act as barriers to the maintenance, improvement and /or development of housing for all income levels. GRC's analysis will include, but not be limited to, the following key topics: A. Review inclusionary housing policies, density bonus ordinance, land use controls, development standards, permitting and approval process, fees and other governmental constraints. B. Identify the location and extent of environmental and infrastructure constraints on future residential development. This will involve interviews with key City department staff to identify potential service and infrastructure deficiencies and environmental issues. C. Identify non - governmental constraints such as the existing construction market and the availability of financial resources. D. Identify opportunities for energy conserving design in residential construction, and analyze the potential reduction in long -term housing costs. E. Assess the impact of redevelopment dissolution, if any, on the production of affordable housing. City of Rosemead I Housing Element Update Page 6 Constraints on John Oshimo Dec. -Jan. 2013 • Analysis of the General Plan, Housing Robert Vasquez zoning ordinance, building code Production enforcement, development fees, Peter Chou development requirements and Niall Huffman permit procedures. • Analysis of infrastructure, environmental and market constraints. TASK 5 — Review and Evaluation of the Current Housing Element GRC will review and evaluate the current Rosemead 2008 -2014 Housing Element to determine the effectiveness and appropriateness of the current goals and programs. This task will determine: 1) the appropriateness of the goals, objectives and policies in meeting the State's housing goals; 2) the effectiveness of the previous element's goals, objectives, policies and programs with respect to meeting regional housing needs; 3) the progress in implementation — what was expected of the identified housing program and what actually was accomplished during the planning period; and 4) compliance with current State housing law. This task will include a review of: resolutions and ordinances related to the housing programs (i.e., density bonus ordinance, facilitating transitional and supportive housing, emergency shelters, SROs, etc.); building permit data on the number of new units produced; annual reports on homes rehabilitated through the HOME and CDBG program; funds and tools available to implement programs, especially considering the elimination of redevelopment; and, all other housing programs identified in the 2008 -2014 Housing Element. Review John Oshimo Feb. 2013 Current Peter Chou Housing Niall Huffman Element Evaluation of the current Housing Element — progress and effectiveness of programs City of Rosemead I Housing Element Update Page 7 TASK 6 — Preparation of the Housing Plan and Implementation Program GRC will work with the various departments of the City and incorporate planning, housing and economic development activities to develop a housing plan. GRC will meet with City staff to explore potential policies and programs that will develop various housing types for all income levels, including rental housing, factory -built housing, mobile homes, emergency shelters and transitional housing to meet the City's identified housing needs. In addition, GRC will explore possible measures and programs to respond to the current downtown in the housing market. These include: A. Foreclosures — Identify local, state and federal programs initiated to respond to the foreclosure crisis, such as the federal American Recovery and Reinvestment Act, HUD Neighborhood Stabilization Program, and any other mechanisms that may be provided in the near future. GRC will survey other communities that have programs to assist residents facing foreclosure and seek to incorporate the most effective practices into the Housing Element. B. Zoning Ordinance Revisions — Based on the Housing Element's Governmental Constraints analysis, recommend revisions to the zoning ordinance to better facilitate the development of various of housing type. C. Public /Private Partnership — Identify partnership programs to promote higher density /mixed -use development and affordable housing development within the City. D. Sustainability — Examine opportunities to enhance resource efficiency and long -term housing affordability through the design, renovation, reuse, and operation of residential buildings within the City. This could include establishing development and design standards to reduce water consumption, improve energy efficiency and reduce overall environmental impacts. GRC will examine practices in other jurisdictions to determine how sustainable practices can be integrated with existing housing programs, with particular emphasis on reducing overall housing costs (rent plus utilities) for residents overtime. In developing any General Plan element, it is necessary to ensure internal consistency of the General Plan as a whole in community goals, policies and programs, and therefore, one recommendation may be to update /amend the General Plan and /or Zoning Ordinance. GRC will revisit and revise the housing plan and implementation program in the latter stages of the project, as necessary and appropriate to address comments from HCD. City of Rosemead I Housing Element Update Page 8 Preparation of Housing Plan and Implementation Program John Oshimo Feb. -Mar. • List of goals, policies and a five - Peter Chou year action program. Niall Huffman • Implementation table summarizing the policies, housing program, plan objective, funding sources, responsible agency and time frame. TASK 7 — Draft Housing Element Draft Housing Element. Based on the analysis and evaluation conducted in Tasks 2 through 6, the administrative and draft Housing Element, along with the Executive Summary will be prepared and submitted to City staff for review and comment. GRC will be responsible for processing the draft Housing Element for HCD review. The draft Housing Element will be made available for public review at City Hall and at the City's public library. Information on the Housing Element will also be made available on the City's website or other forms of public information to be agreed upon by the City. Draft Housing John Oshimo Mar.-Apr. ' Admin. draft - 3 hard copies and 1 Element Niall Huffman digital file • Draft Housing Element -12 hard copies, 1 reproducible original, and 1 digital file City of Rosemead I Housing Element Update Page 9 TASK 8 — Final Housing Element HCD Liaison. Upon receipt of comments from HCD on the draft Housing Element, GRC will compile a memo responding to all HCD comments. As an extension of City staff, John Oshimo, GRC's Project Manager, will be the contact person with HCD. GRC will meet with and /or conduct phone conferencing with HCD staff to adequately respond to their comments, beginning with a pre - submittal consultation. GRC will consult with HCD staff on streamlined review; GRC considers it likely that the City will be eligible for this process. GRC will prepare any and all paperwork associated with the streamlined review process, including the Implementation Review worksheet and Completeness Checklist. Additionally, GRC will invite HCD to a tour of the City if they have any questions regarding the adequate sites inventory. GRC will organize and conduct the tour. If any changes are made to the Housing Element during the public hearing and adoption phase, GRC will communicate with HCD staff to ascertain how the review status of the Housing Element may be affected. Final Housing Element. Once HCD has provided the City with a conditional certification letter, GRC will assist City staff in conducting one (1) Planning Commission public hearings and one (1) City Council public hearing on the Final Housing Element. GRC will prepare staff reports and other supporting materials. GRC recommends that copies of the Draft and Final Housing Element be made available for public review at City Hall and at the City's public library. Information on the Housing Element should also be made available on the City's website and through other media to be agreed upon between GRC and City staff. State Certification. After the City adopts the Final Housing Element, GRC will submit a copy with a transmittal letter to HCD for certification. Final Housing John Oshimo May -Sept. • Response to HCD comments on Draft Element Niall Huffman 2013 Housing Element • Final Housing Element in color -12 hard copies, 1 reproducible original, and 1 digital file • Staff reports, resolutions, notices City of Rosemead I Housing Element Update Page 10 TASK 9 — Public Outreach Program As required by State law, all social and economic segments of the community will be provided an opportunity to review and comment on the Housing Element. In compliance with this requirement, GRC and the City will conduct at least two (2) community meetings. At the first community meeting, GRC will give a presentation discussing the Housing Element update process and informing participants of the role they can play in making sure the Housing Element addresses the needs of the community. In addition, GRC and staff will ask participants to discuss their key concerns regarding housing needs and additional residential development. The first community meeting will also invite the participation of local and regional public agencies and special districts and serve as the environmental scoping meeting for the CEQA document. The second community meeting will be held once the draft Housing Element has been prepared. At this meeting, GRC will review the input received at the first meeting, present the key findings of the housing needs assessment, and summarize the adequate sites inventory and housing programs contained in the draft Housing Element. GRC and City staff will then solicit participants' comments on the draft and identify any remaining concerns to be addressed in the final Housing Element. All community meeting notices and handout materials will be translated by GRC staff into Spanish and Chinese. Robert Vasquez of GRC staff is fluent in Spanish and will translate material and participate in the community meetings as Spanish interpreter and Peter Chou, also of GRC staff, will assist in the translation of materials into Chinese. In addition, GRC will conduct a study session for the Planning Commissioners and a study session for the City Council members during the preparation of the Draft Housing Element. Public John Oshimo Outreach Robert Vasquez Program Peter Chou Jan., Mar. - Community meeting notices, mailing and Apr. list, handout material (English, Spanish and Chinese) City of Rosemead I Housing Element Update Page 11 TASK 10 — Environmental Review The adoption of the Housing Element is subject to the requirements of the California Environmental Quality Act (CEQA). GRC will prepare the Initial Study which will determine the need for a Negative Declaration, Mitigated Negative Declaration or Environmental Impact Report. Based on GRC's prior experience with Housing Elements and CEQA documents, we anticipate that a Negative Declaration will be required. This assumes that the updated Housing Element will not require changes to the designated land uses in the General Plan. If a Mitigated Negative Declaration is prepared, GRC will prepare a mitigation monitoring and reporting program. GRC will conduct a scoping meeting prior to the Initial Study and prepare all required notices (Notice of Intent, Notice of Completion and Notice of Determination). In addition, GRC anticipates that the project will be able to obtain a determination from the Department of Fish and Game that the project will have "no effect" on fish and wildlife. Both the NOD and No Effect Form will be submitted to the Los Angeles County Clerk and to the State CEQA Clearinghouse within five days after the adoption of the Housing Element. Environmental John Oshimo June -Aug. • Draft Initial Study -3 hard copies Review Peter Chou and 1 digital file • Preparing, mailing and filing hard copies of Initial Study, NOI, NOC and NOD, Fish and Game "No Effect" to responsible agencies and state City of Rosemead I Housing Element Update Page 12 III. Scheduling GRC proposes to complete the project by September 30, 2013 (within 11 months). It could be shorter if HCD adopts the proposed streamlining process for cities that have implemented programs adopted in the current Housing Elements. The 11 -month process includes all community meetings, study sessions, public hearings, preparation of the Draft and Final Housing Element, at least one HCD comments and response letter, completion of the CEQA document and receipt of the HCD certification letter. The 11 -month project schedule is illustrated on the following page. City of Rosemead I Housing Element Update Page 13 W J LU W u fA W Q a a v a CL v a a c v E v w a, c N O a a v E v h 0 C 0 i7 IV. Firm Qualifications GRC Associates, Inc. Location of Headquarters: Contact Person: GRC Associates, Inc. 858 Oak Park Road, Ste.'280 Covina, California 91724 John N. Oshimo President (626) 331 -6373 ioshimo@ercassoc.com GRC Associates, Inc. (GRC), a California corporation, is a multi - disciplinary firm that has provided professional consulting services to more than 60 cities and public agencies in California over the last 28 years. GRC has a professional staff of five full -time employees that include the President, Principal, two Planning Analysts, and an Administrative Assistant. The chart below illustrates the firm's broad range of expertise: GRC ASSOCIATES SERVICES Extension of Planning Staff • Staff Reports, Resolutions & Work Plans • Inter - departmental and Regional Agency Coordination • City Council /Agency Presentations • Community Outreach — presentations and handout material in English and Spanish General Plan Elements, especially • Financial Analyses for Affordable Housing Elements Housing • Specific Plans • Market Studies and Fiscal Impact Reports • Pro Forma Analyses • Economic Development Strategies • Socioeconomic and Demographic Analyses • GIS Mapping • Parking Studies • CEQA Documentation • Neighborhood Stabilization Program • Tax Credit projects • RFP and Developer Selection Process • CDBG Housing Rehab. Loan Program Administration and Construction Management • Housing Consolidated Plans and Action Plans City of Rosemead I Housing Element Update Page 15 r Housing Element Experience Below is a list of GRC's experience in housing elements, general plans and environmental documents. Arvin: Preparation of the 2008 -2013 Housing Element (certified) and Negative Declaration. Adoption of the Land Use, Conservation and Open Space, Air Quality and Community Health Elements (Adopted August 2012) and CEQA document through the California Sustainable Communities Planning Grant. Environmental documents were prepared for the Housing Element and the General Plan Update. GRC is currently preparing the City's Green Zoning Ordinance and Climate Action Plan. Gardena: Preparation of the 2008 -2014 Housing Element (certified) and Negative Declaration. Preparation and adoption of the Gardena General Plan 2006 and EIR. Assisted the City in reducing the 2014 -2021 Draft SCAG RHNA allocation by 50 percent through the SCAG process. Implemented housing programs in the 2008 -2014 Housing Element within one year of the Element's adoption. Housing programs such as: 1) identifying incentives for mixed -use development; 2) changing the zoning code to allow higher residential densities, 3) preparing a senior housing market study; 4) preparing Mitigated Negative Declarations fro zone change and senior housing project. • La Habra: Preparation of the 2008 -2014 Housing Element (certified) and Negative Declaration. Lakewood: Preparation of the 2008 -2014 Housing Element (certified) and Negative Declaration. Preparation of the Five -Year Consolidated Plan (2010- 2015), the Annual Action Plan for 2010/11 and the Analysis of Impediments for Fair Housing Choice. Implemented Housing Element programs such as the acquiring residential properties for the development and rehabilitation of affordable housing units. • Rosemead: Preparation of the 2008 -2014 Housing Element (certified) and Negative Declaration. City of Rosemead I Housing Element Update Page 16 r V. Project Team The project will be managed by John N. Oshimo (President), with the assistance of Robert G. Vasquez (Principal), Niall H. Huffman (Analyst), Peter Chou (Analyst) and Bernadette Soledad (Administrative Assistant). All core team members will be available through the course of the project. ORGANIZATIONAL CHART Communitylnput Planning Commission/ City Council John N. Oshimo I Principal in Charge /Project Manager Housing Element and Environmental Review Niall Huffman Robert Chou Robert G. Vasquez Assessment Socioeconomic Analysis GIS, Housing Survey Housing Element Preparation Community Outreach CE014 Documentation Below is a brief description of their experience and education. John N. Oshimo, President, will serve as Project Manager. Mr. Oshimo has more than 35 years of experience in the fields of urban planning, housing, economic development and environmental planning in California. During the 2008 -2014 housing element planning cycle, Mr. Oshimo was project manager for the adoption of the five housing elements (Arvin, Gardena, La Habra, Lakewood and Rosemead), including the Negative Declaration for each element. In addition, Mr. Oshimo served as project manager for the adoption of City of Arvin's General Plan Update (Land Use, Conservation and Open Space, Air Quality and Community Health Elements), which followed the guiding principles of the Sustainable Communities Strategy and Climate Protection Act (SB 375). Mr. Oshimo also prepared local level population, household and employment forecasts for the San Gabriel Valley COG. Mr. Oshimo has conducted a number of community outreach programs as part of planning and redevelopment projects. Mr. Oshimo holds a City of Rosemead I Housing Element Update Page 17 1 C associates Master of Planning degree from the University of Southern California and a Bachelor of Arts degree from the University of California, Los Angeles. Robert G. Vasquez, Principal, has 22 years of experience in the real estate, housing and economic development field. Mr. Vasquez has helped cities to implement redevelopment programs and prepared numerous economic development strategies. Mr. Vasquez recently prepared a health - related market study for Arvin Community Health Element and a senior housing market study for the City of Gardena. In addition, he has extensive real estate development consulting experience. Examples of some of the consulting services completed included development feasibility, financial analysis, site selection, appraisal reviews and preliminary valuation studies. He has prepared numerous market research, economic impact, project feasibility analysis, highest and best use, site location, retail leakage and preliminary valuation studies. He is fluent in Spanish and has provided Spanish translation and interpretation during community meetings regarding general plans, economic development strategies and redevelopment plans. Mr. Vasquez is a graduate of Harvard University— Master of Public Administration, Columbia University— Master of Business Administration and the University of Southern California — Bachelor of Science. Peter Chou, Analyst, assisted in the preparation of the housing element for the cities of Arvin and Lakewood. He has conducted physical and economic blight and land use survey and has prepared environmental documents. Mr. Chou is also experienced in GIS analysis and mapping, having prepared market survey maps, land use maps, housing condition maps, and project area maps, with ArcGIS. He holds a Master of Planning degree from the University of Southern California and a Bachelor of Science degree in Business Administration from the University of California, Riverside. Niall H. Huffman, Analyst, has accumulated significant experience in the fields of sustainable land use, economic development and livable urban design. Mr. Huffman has prepared three State - certified housing elements (Gardena, La Habra and Rosemead) and participated in the preparation of various other general plan elements, redevelopment plans and associated CEQA documents. Mr. Huffman is currently participating in the preparation of the Climate Action Plan for the City of Arvin and previously participated in the preparation of the Land Use, Conservation /Open Space, Air Quality and Community Health elements. He has also prepared several reports on opportunities and challenges for livable neighborhoods and active transportation, both from the perspective of neighborhood economic development and from that of public health. Mr. Huffman holds a Master of Arts degree in Urban Planning from the University of California, Los Angeles and a Bachelor of Arts degree in Geography from the University of California, Santa Barbara. City of Rosemead I Housing Element Update Page 18 r VI. References City of Gardena G. Yvonne Mallory, Economic Development Manager (310) 217 -9533 1700 West 162 Street, Gardena, CA 90247 YMallory @ci.gardena.ca.us • Senior Housing Project market study (HUD/TCAC requirement) and MND (2012) • Gardena Housing Element 2008 -2014 (certified) and Neg. Dec. • Gardena General Plan 2006 (all mandatory elements) and EIR City of Lakewood Sonia Southwell, Director of Community Development (562) 866 -9771 5050 Clark Avenue, Lakewood, CA 90712 SSouthwe @lakewoodcitv.org • Lakewood Housing Element 2008 -2014 (certified) and Neg. Dec. • City's Economic Development /Housing Advisor (2000- Present) City of La Habra Linda Padilla- Smyth, Economic Development (562) 905 -9645 and Housing Manager 201 E. La Habra Boulevard, La Habra, CA 90631 LindaP @lahabracitv.com • La Habra 2008 -2014 Housing Element (certified) and Neg. Dec. City of Arvin Tim Chapa, City Manager (661) 854 -3134 200 Campus Drive, Arvin, CA 93203 tchapa @arvin.ore • Arvin General Plan Update: Land Use, Conservation and Open Space, Air Quality and Community Health Elements and MND (Adopted August 2012) • Arvin 2008 -2013 Housing Element (certified) and Neg. Dec. • Arvin Redevelopment Plan Amendment and EIR (2010) • Climate Action Plan (in progress) City of Rosemead I Housing Element Update Page 19 iates VII. Cost and Fee Schedule GRC proposes to complete the project at a total not -to- exceed cost of $44,260. The line item project costs and fee schedule tables are presented below and on the following page. PROJECT COSTS Task 1: Project Management $4,680 Task 2: Update of Pop. /Hsg. Information $4,940 Task 3: Housing Resources $8,840 Task 4: Constraints on Housing $2,960 Task 5: Review and Evaluation $2,180 Task 6: Preparation of Plan and Program $2,620 Task 7: Draft Housing Element $2,160 Task 8: Final Housing Element $4,920 Task 9: Public Participation Program $3,680 Task 10: Environmental Review* $5,280 Indirect Costs $2,000 TOTAL BUDGET $44,260 * Negative Declaration is anticipated, however, other CEQA documents would require a cost revision to Task 10 Environmental Review: Mitigated Negative Declaration with Mitigation Monitoring Program: $7,000 Environmental Impact Report: Costs cannot be determined at this time. Scope of EIR will depend on the Initial Study and comments from responsible agencies. City of Rosemead I Housing Element Update Page 20 GRC FEE SCHEDULE Senior Principal $160 Principal $140 --- -- - - - - -- ---- - - -- -- Planning Analyst $70 Administrative Assistant $55 Any additional services outside the scope of work will be first approved by the City and will be billed on a time and material basis. Direct costs for additional services outside the not -to- exceed amount will be billed at our cost plus 2095. Direct costs include printing of documents, purchase of project - related materials, postage and related costs. City of Rosemead I Housing Element Update Page 21 VIII. Insurance GRC Associates, Inc. maintains insurance coverage that meets or exceeds the City's requirements and certificates will be issued to the City upon request. Comprehensive General Liability Insurance: $1,000,000 each occurrence $2,000,000 aggregate Automotive Insurance: $1,000,000 combined single limit Worker's Compensation Insurance: per State law City of Rosemead I Housing Element Update Page 22 ATTACHMENT B CITY OF ROSEMEAD PROFESSIONAL SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this 13 day of November, 2012 by and between the City of Rosemead, a municipal organization organized under the laws of the State of California with its principal place of business at 8838 E. Valley Blvd., Rosemead, California 91770 ( "City ") and GRC Associates, Inc. ( "Consultant "). City and Consultant are sometimes individually referred to herein as "Party' and collectively as "Parties." 2. RECITALS. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing Housing Element Studies to public clients, is licensed in the State of California, and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render such services to create an updated Housing Element for submission to the State of California Department of Housing and Community Development (HCD) consistent with HCD guidelines and requirements, and the City of Rosemead's General Plan ( "Project ") as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional consulting services necessary for the Project ( "Services "). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from November 13, 2012 to December 31, 2013, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. GRC Associates, Inc. Page 2 of 32 3.2 Responsibilities of Consultant. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Project Schedule. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Project Schedule set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Project Schedule. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: John N. Oshimo (President), Robert G. Vasquez (Principal), Niall H. Huffman (Analyst), Peter Chou (Analyst), and Bernadette Soledad (Administrative Assistant). 3.2.5 City's Representative. The City hereby designates Jeff Allred, City Manager, or his designee, to act as its representative for the performance of this Agreement ( "City's Representative "). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. Consultant shall not accept direction or orders from any person other than the City's Representative or his designee. 2 GRC Associates, Inc. Page 3 of 32 3.2.6 Consultant's Representative. Consultant hereby designates John N. Oshimo (President), or his designee, to act as its representative for the performance of this Agreement ( "Consultant's Representative "). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his /her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub - consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re- employed to perform any of the Services or to work on the Project. 3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal /OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising there from. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3 GRC Associates, Inc. Page 4 of 32 3.2.10 Insurance. 3.2.10.1 Time for Compliance. Contractor shall maintain prior to the beginning of and for the direction of this Agreement insurance coverage as specified in Exhibit D attached to and part of this agreement. 3.2.11 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions underwhich the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit C attached hereto and incorporated herein by reference. The total compensation shall not exceed Forty -Four Thousand Two Hundred and Sixty ($44,260) without advance written approval of the City Council. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative. in GRC Associates, Inc. Page 5 of 32 3.3.5 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ( "Prevailing Wage Laws "), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works' or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.5 General Provisions. 3.5.1 Termination of Agreement. 3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 5 GRC Associates, Inc. Page 6 of 32 3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: CONSULTANT: GRC Associates. Inc. 858 Oak Park Road Covina, California 91724 Attn: John N. Oshimo, President CITY: City of Rosemead 8835 Valley Boulevard Rosemead, California 91770 Attn: Michelle Ramirez, Community Development Director Such notice shall be deemed made when personally delivered orwhen mailed, forty- eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.3 Ownership of Materials and Confidentiality. 3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non - exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ( "Documents & Data "). Consultant shall require all subcontractors to agree in writing that City is granted a non - exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 0 GRC Associates, Inc. Page 7 of 32 3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.5 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. 3.5.6 Indemnification. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any negligent acts, errors or omissions or willful misconduct of Consultant, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse City and its directors, officials, officers, employees, agents and /or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, official officers, employees, agents or volunteers. 3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 7 GRC Associates, Inc. Page 8 of 32 3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5. 10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subcontractors of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.5.16 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. GRC Associates, Inc. Page 9 of 32 3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicitor secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solelyfor Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or sub - consultants to file, a Statement of Economic Interest with the City's Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising there from. 3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non - discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self- insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5.21 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 0 GRC Associates, Inc. Page 10 of 32 CITY OF ROSEMEAD 0 Sandra Armenta, Mayor Attest: Gloria Molleda City Clerk Approved as to Form: 0 Rachel Richman Burke, Williams & Sorensen, LLP City Attorney GRC ASSOICATES, INC. la John N. Oshimo, President 10 EXHIBIT A WORK PLAN /_Qil II. Work Plan Approach The objective of the Rosemead Housing Element update is to develop a comprehensive housing program that addresses the housing needs of the City's present and future residents by providing adequate and affordable housing for households of all income levels and for residents with and without special housing needs. Criteria to be used by GRC in developing this Housing Element shall include: (1) satisfying State Housing Element law; (2) meeting the City's fair -share allocation of the regional housing need; (3) consistency with other General Plan Elements and applicable plans and policies; and (4) reflecting the needs and preferences of the local community and decision - making bodies. The success in certifying the Housing Element depends on a number of key factors: • Project Management — Coordinating and communicating with the City staff and HCD staff. • Consistent Policies — Ensuring consistency with the City's General Plan, SCAG's RHNA allocation and RTP /SCS. • Inventory of Suitable Housing Sites — Conducting a survey of vacant land, underutilized land and areas of potential infill and mixed —use as required by AB 2348. • Coordination with the City Departments — Incorporating recent and future housing, economic development, public works activities. • Environmental Review — Preparing all required environment documents and notices within the timeframe required under CEOA. • Public Outreach Process — Developing a community outreach program that provides easy -to- understand information on the Housing Element and update process, and soliciting input from the Rosemead community. The Department of Housing and Community Development, in its draft guidance document for the 2014 -2021 Housing Element cycle, has proposed a streamlined review process for jurisdictions, like Rosemead, that obtained certification for their elements in the previous cycle. Under this process, HCD may be able to certify selected sections of the Housing Element with minor edits and revisions from the City's certified 2008 -2014 element —for example, to reflect more recent demographic and housing data — without needlessly requiring extensive new analysis or discussion. Certain sections —most notably the review of accomplishments since the previous element —are not eligible to be updated in this manner, and the City must still demonstrate compliance with any new City of Rosemead I Housing Element Update Page 2 statutory requirements imposed since the last update. GRC will monitor the development of this streamlining process and discuss with City staff how it can be used to ensure that the project can be completed in the most timely and cost - efficient manner possible. Preparation of the Housing Element TASK 1— Project Management A. Scheduling: At the start of the project, GRC will prepare a detailed schedule that highlights all the milestones through the Housing Element adoption and HCD certification process. This schedule will identify the submittal dates of all draft and final products, workshops, study sessions and public hearings. B. Staff Meetings: To ensure coordination with City staff and a continuous flow of information, GRC will meet with City staff at least six times during the update process or as frequently as needed to ensure a successful project. GRC will immediately notify the City of any unanticipated changes to the scope of work resulting from new housing legislation or significant. public comments. Only with written City approval will GRC change the scope. In addition, GRC will attend all Planning Commission and City Council meetings, study sessions and public hearings required by City staff and prepare all required staff reports and resolutions. C. HCD Communication: GRC will coordinate with HCD staff throughout the process to avoid surprises and lengthy comments prior to certification of the Housing Element. In addition, GRC will meet, if necessary, with the HCD staff person responsible for reviewing the City's Housing Element. GRC will also invite HCD on a tour of the City to illustrate the unique opportunities and constraints that exist. Direct contact with HCD and informal responses prior to the submittal of formal written responses will shorten the approval period. Project John Oshimo Week of Management Nov. 19, 2012 Duration of project Kickoff meeting, 10 copies of the detailed project schedule and list of required materials Staff reports, resolutions, CEQA notices, at least six (6) staff meetings Monthly progress reports City of Rosemead I Housing Element Update Page 3 TASK 2 — Update Socioeconomic, Demographic, Housing and Employment Information GRC will update the Housing Element with information from the 2010 Census, Census American Community Survey, Department of Finance (DOF), Employment Development Department (EDD), and from private data sources such as Nielsen /Claritas and Dataquick. GRC will discuss the best means of remedying any data deficiencies with City staff. Housing data will be summarized in tables, and where appropriate, graphically depicted on GIS maps to simplify the information being conveyed. The Housing Element will present the following information: A. Current information on the City's population, households, housing and employment. 1. Population, housing and employment growth trends; 2. Demographic characteristics including age distribution, race and ethnicity, and gender; 3. Housing and household characteristics including household size, incidence of overcrowding, housing tenure, vacancy rate, and level of payment compared to ability to pay; 4. Comparison of median household and per capita income of Rosemead's residents to the region, persons living in poverty by subgroup i.e. female - headed households, elderly, children; and 5. Employment characteristics including labor force population and types of jobs and industries that currently employ Rosemead residents. B. Current for -sale housing prices for the City. Housing costs will be compared with adjacent jurisdictions to assess affordability. Comparable housing cost information will be obtained from private data collection firms and from calls to local real estate companies. C. Current rents by unit size for the City. Rental information will be obtained from apartment owners associations, local real estate agents specializing in rentals, apartment management firms, and from printed and online rental listings. D. Current and projected number of households (where possible) with special housing needs. This analysis will include the following special needs groups: elderly individuals; female heads -of- household; large family households; ethnic and racial minorities; persons with disabilities; and persons and families in need of emergency, transitional and supportive housing. E. Relationship of Rosemead's housing costs to household income. The most recent available data will be analyzed to compare existing household City of Rosemead I Housing Element Update Page 4 incomes in Rosemead with the availability of affordable rental and for -sale housing to residents. F. Update the 2008 housing conditions inventory based on a visual survey of the residential areas of the City. G. Projections of Rosemead's population, household, and employment growth. Based on the existing and designated land use, current housing growth trends and household formation trends, GRC will develop City forecasts targeted to the final RHNA figures. GRC will evaluate whether or not the City will be able to meet its future housing need, by income group, for the 2014 - 2021 planning period. Update Socioeconomic Information John Oshimo Robert Vasquez Peter Chou Niall Huffman Nov. -Dec. Profile of the city with text, tables and charts TASK 3 — Housing Resources and Opportunities State law requires an inventory of land suitable for residential development and analysis of sites' potential for redevelopment or recycling. GRC will examine the current General Plan Land Use Element and Housing Element and work with City staff to identify adequate sites to accommodate the City's share of the regional housing need, including vacant land, underutilized parcels, surplus City sites, and areas of potential infill development. GRC will survey all land in the current Housing Element's vacant developable land inventory and determine if recent development has occurred. GRC will examine the various federal, state and local funding sources that are available for the maintenance, preservation, improvement and development of affordable housing in Rosemead. This list will include such funding programs as the HOME, CDBG, tax credits, and other potential funding programs. The recent dissolution of redevelopment agencies in California has created uncertainty about the disposition of low /moderate- income housing set -aside monies that typically underwrite affordable housing development. GRC will work with staff to develop alternative funding solutions for meeting the City's lower- income RHNA allocation. These solutions could include cooperation between the City and county and state City of Rosemead I Housing Element Update Page 5 agencies, as well as nonprofit organizations, to ensure adequate resources are available to facilitate development. Housing Resources John Oshimo and Opportunities peter Chou Niall Huffman Dec. -Jan. List and map of available sites including parcel number, property and housing condition and size • Discussion of existing and potential funding sources • GIS analysis and maps identifying parcels available for housing TASK 4 — Constraints on Housing Production GRC will examine both governmental and non - governmental constraints that act as barriers to the maintenance, improvement and /or development of housing for all income levels. GRC's analysis will include, but not be limited to, the following key topics: A. Review inclusionary housing policies, density bonus ordinance, land use controls, development standards, permitting and approval process, fees and other governmental constraints. B. Identify the location and extent of environmental and infrastructure constraints on future residential development. This will involve interviews with key City department staff to identify potential service and infrastructure deficiencies and environmental issues. C. Identify non - governmental constraints such as the existing construction market and the availability of financial resources. D. Identify opportunities for energy conserving design in residential construction, and analyze the potential reduction in long -term housing costs. E. Assess the impact of redevelopment dissolution, if any, on the production of affordable housing. City of Rosemead I Housing Element Update Page 6 Constraints on John Oshimo Dec. -Jan. 2013 • Analysis of the General Plan, Housing Robert Vasquez zoning ordinance, building code Production enforcement, development fees, Peter Chou development requirements and Niall Huffman permit procedures. • Analysis of infrastructure, environmental and market constraints. TASK 5 — Review and Evaluation of the Current Housing Element GRC will review and evaluate the current Rosemead 2008 -2014 Housing Element to determine the effectiveness and appropriateness of the current goals and programs. This task will determine: 1) the appropriateness of the goals, objectives and policies in meeting the State's housing goals; 2) the effectiveness of the previous element's goals, objectives, policies and programs with respect to meeting regional housing needs; 3) the progress in implementation — what was expected of the identified housing program and what actually was accomplished during the planning period; and 4) compliance with current State housing law. This task will include a review of: resolutions and ordinances related to the housing programs (i.e., density bonus ordinance, facilitating transitional and supportive housing, emergency shelters, SROs, etc.); building permit data on the number of new units produced; annual reports on homes rehabilitated through the HOME and CDBG program; funds and tools available to implement programs, especially considering the elimination of redevelopment; and, all other housing programs identified in the 2008 -2014 Housing Element. Review John Oshimo Feb. 2013 Current Peter Chou Housing Niall Huffman Element Evaluation of the current Housing Element — progress and effectiveness of programs City of Rosemead I Housing Element Update Page 7 TASK 6 — Preparation of the Housing Plan and Implementation Program GRC will work with the various departments of the City and incorporate planning, housing and economic development activities to develop a housing plan. GRC will meet with City staff to explore potential policies and programs that will develop various housing types for all income levels, including rental housing, factory -built housing, mobile homes, emergency shelters and transitional housing to meet the City's identified housing needs. In addition, GRC will explore possible measures and programs to respond to the current downtown in the housing market. These include: A. Foreclosures — Identify local, state and federal programs initiated to respond to the foreclosure crisis, such as the federal American Recovery and Reinvestment Act, HUD Neighborhood Stabilization Program, and any other mechanisms that may be provided in the near future. GRC will survey other communities that have programs to assist residents facing foreclosure and seek to incorporate the most effective practices into the Housing Element. B. Zoning Ordinance Revisions — Based on the Housing Element's Governmental Constraints analysis, recommend revisions to the zoning ordinance to better facilitate the development of various of housing type. C. Public /Private Partnership — Identify partnership programs to promote higher density /mixed -use development and affordable housing development within the City. D. Sustainability — Examine opportunities to enhance resource efficiency and long -term housing affordability through the design, renovation, reuse, and operation of residential buildings within the City. This could include establishing development and design standards to reduce water consumption, improve energy efficiency and reduce overall environmental impacts. GRC will examine practices in other jurisdictions to determine how sustainable practices can be integrated with existing housing programs, with particular emphasis on reducing overall housing costs (rent plus utilities) for residents overtime. In developing any General Plan element, it is necessary to ensure internal consistency of the General Plan as a whole in community goals, policies and programs, and therefore, one recommendation may be to update /amend the General Plan and /or Zoning Ordinance. GRC will revisit and revise the housing plan and implementation program in the latter stages of the project, as necessary and appropriate to address comments from HCD. City of Rosemead I Housing Element Update Page 8 Preparation of Housing Plan and Implementation Program John Oshimo Feb. -Mar. • List of goals, policies and a five - Peter Chou year action program. Niall Huffman • Implementation table summarizing the policies, housing program, plan objective, funding sources, responsible agency and time frame. TASK 7 — Draft Housing Element Draft Housing Element. Based on the analysis and evaluation conducted in Tasks 2 through 6, the administrative and draft Housing Element, along with the Executive Summary will be prepared and submitted to City staff for review and comment. GRC will be responsible for processing the draft Housing Element for HCD review. The draft Housing Element will be made available for public review at City Hall and at the City's public library. Information on the Housing Element will also be made available on the City's website or other forms of public information to be agreed upon by the City. Draft Housing John Oshimo Mar. -Apr. ' Admin. draft - 3 hard copies and 1 Element Niall Huffman digital file • Draft Housing Element —12 hard copies, 1 reproducible original, and 1 digital file City of Rosemead I Housing Element Update Page 9 TASK 8 — Final Housing Element HCD Liaison. Upon receipt of comments from HCD on the draft Housing Element, GRC will compile a memo responding to all HCD comments. As an extension of City staff, John Oshimo, GRC's Project Manager, will be the contact person with HCD. GRC will meet with and /or conduct phone conferencing with HCD staff to adequately respond to their comments, beginning with a pre - submittal consultation. GRC will consult with HCD staff on streamlined review; GRC considers it likely that the City will be eligible for this process. GRC will prepare any and all paperwork associated with the streamlined review process, including the Implementation Review worksheet and Completeness Checklist. Additionally, GRC will invite HCD to a tour of the City if they have any questions regarding the adequate sites inventory. GRC will organize and conduct the tour. If any changes are made to the Housing Element during the public hearing and adoption phase, GRC will communicate with HCD staff to ascertain how the review status of the Housing Element may be affected. Final Housing Element. Once HCD has provided the City with a conditional certification letter, GRC will assist City staff in conducting one (1) Planning Commission public hearings and one (1) City Council public hearing on the Final Housing Element. GRC will prepare staff reports and other supporting materials. GRC recommends that copies of the Draft and Final Housing Element be made available for public review at City Hall and at the City's public library. Information on the Housing Element should also be made available on the City's website and through other media to be agreed upon between GRC and City staff. State Certification. After the City adopts the Final Housing Element, GRC will submit a copy with a transmittal letter to HCD for certification. Final Housing John Oshimo May -Sept. • Response to HCD comments on Draft Element Niall Huffman 2013 Housing Element • Final Housing Element in color -12 hard copies, 1 reproducible original, and 1 digital file • Staff reports, resolutions, notices City of Rosemead I Housing Element Update Page 10 TASK 9 — Public Outreach Program As required by State law, all social and economic segments of the community will be provided an opportunity to review and comment on the Housing Element. In compliance with this requirement, GRC and the City will conduct at least two (2) community meetings. At the first community meeting, GRC will give a presentation discussing the Housing Element update process and informing participants of the role they can play in making sure the Housing Element addresses the needs of the community. In addition, GRC and staff will ask participants to discuss their key concerns regarding housing needs and additional residential development. The first community meeting will also invite the participation of local and regional public agencies and special districts and serve as the environmental scoping meeting for the CEQA document. The second community meeting will be held once the draft Housing Element has been prepared. At this meeting, GRC will review the input received at the first meeting, present the key findings of the housing needs assessment, and summarize the adequate sites inventory and housing programs contained in the draft Housing Element. GRC and City staff will then solicit participants' comments on the draft and identify any remaining concerns to be addressed in the final Housing Element. All community meeting notices and handout materials will be translated by GRC staff into Spanish and Chinese. Robert Vasquez of GRC staff is fluent in Spanish and will translate material and participate in the community meetings as Spanish interpreter and Peter Chou, also of GRC staff, will assist in the translation of materials into Chinese. In addition, GRC will conduct a study session for the Planning Commissioners and a study session for the City Council members during the preparation of the Draft Housing Element. Public John Oshimo Outreach Robert Vasquez Program peter Chou Jan., Mar. - Community meeting notices, mailing and Apr. list, handout material (English, Spanish and Chinese) City of Rosemead I Housing Element Update Page 11 TASK 10 - Environmental Review The adoption of the Housing Element is subject to the requirements of the California Environmental Quality Act (CEQA). GRC will prepare the Initial Study which will determine the need for a Negative Declaration, Mitigated Negative Declaration or Environmental Impact Report. Based on GRC's prior experience with Housing Elements and CECIA documents, we anticipate that a Negative Declaration will be required. This assumes that the updated Housing Element will not require changes to the designated land uses in the General Plan. If a Mitigated Negative Declaration is prepared, GRC will prepare a mitigation monitoring and reporting program. GRC will conduct a scoping meeting prior to the Initial Study and prepare all required notices (Notice of Intent, Notice of Completion and Notice of Determination). In addition, GRC anticipates that the project will be able to obtain a determination from the Department of Fish and Game that the project will have "no effect" on fish and wildlife. Both the NOD and No Effect Form will be submitted to the Los Angeles County Clerk and to the State CEQA Clearinghouse within five days after the adoption of the Housing Element. Environmental John Oshimo June -Aug. • Draft Initial Study - 3 hard copies Review Peter Chou and 1 digital file • Preparing, mailing and filing hard copies of Initial Study, NOI, NOC and NOD, Fish and Game "No Effect" to responsible agencies and state City of Rosemead I Housing Element Update Page 12 EXHIBIT B PROJECT SCHEDULE m M. Scheduling GRC proposes to complete the project by September 30, 2013 (within 11 months). It could be shorter if HCD adopts the proposed streamlining process for cities that have implemented programs adopted in the current Housing Elements. The 11 -month process includes all community meetings, study sessions, public hearings, preparation of the Draft and Final Housing Element, at least one HCD comments and response letter, completion of the CEQA document and receipt of the HCD certification letter. The 11 -month project schedule is illustrated on the following page. City of Rosemead I Housing Element Update Page 13 a v a 4 W J 0 W u Ln W Q CL CL v a a a c v E v w rn c O a a v E m h 0 z 0 u EXHIBIT C COMPENSATION C -1 VII. Cost and Fee Schedule GRC proposes to complete the project at a total not -to- exceed cost of $44,260. The line item project costs and fee schedule tables are presented below and on the following page. PROJECT COSTS Task 1: Project Management $4,680 Task 2: Update of Pop. /Hsg. Information $4,940 Task 3: Housing Resources $8,840 Task 4: Constraints on Housing $2,960 Task 5: Review and Evaluation $2,180 Task 6: Preparation of Plan and Program $2,620 Task 7: Draft Housing Element $2,160 Task 8: Final Housing Element $4,920 Task 9: Public Participation Program $3,680 Task 10: Environmental Review* $5,280 Indirect Costs $2,000 TOTAL BUDGET $44,260 * Negative Declaration is anticipated; however, other CEQA documents would require a cost revision to Task 10 Environmental Review: Mitigated Negative Declaration with Mitigation Monitoring Program: $7,000 • Environmental Impact Report: Costs cannot be determined at this time. Scope of EIR will depend on the Initial Study and comments from responsible agencies. City of Rosemead I Housing Element Update Page 20 I GRC FEE SCHEDULE Senior Principal $160 Principal $140 Planning Analyst $70 Administrative Assistant $55 Any additional services outside the scope of work will be first approved by the City and will be billed on a time and material basis. Direct costs for additional services outside the not -to- exceed amount will be billed at our cost plus 20%. Direct costs include printing of documents, purchase of project- related materials, postage and related costs. City of Rosemead I Housing Element Update Page 21 EXHIBIT D INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Consultant agrees to amend, supplement or endorse the existing coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City. Consultant shall provide the following types and amounts of insurance Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence and $2,000,000 general aggregate. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less that $1,000,000 per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non -owned auto endorsement to the general liability policy described above. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. Workers Compensation on a state - approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident or disease. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Bests rating of A- orbetterand a minimum financial size VII. General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: D -1 Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insured's City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so- called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage, ten (10) days notice if cancellation is due to nonpayment of premium. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. D -2 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self insurance available to City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Consultant agrees not to self- insure or to use any self- insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self- insure its obligations to City. If Consultant's existing coverage includes a deductible or self- insured retention, the deductible or self - insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self- insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non - compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. D -3 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and /or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. 17.The provisions of any workers' compensation or similar act will not limit the obligations of Consultant underthis agreement. Consultant expressly agrees notto use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all- inclusive. 19.These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. D -4