HomeMy WebLinkAbout2007 CON CDC Economic & Planning Systems, Inc. - Westside Specific PlanAGREEMENT
BY AND BETWEEN
THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF NATIONAL CITY
AND
ECONOMIC & PLANNING SYSTEMS, INC
THIS AGREEMENT is entered into this 19th day of June, 2007, by and
between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
NATIONAL CITY, a municipal corporation (the "CDC"), and ECONOMIC & PLANNING
SYSTEMS, INC. (the "CONTRACTOR").
RECITALS
WHEREAS, the CDC desires to employ a CONTRACTOR to conduct an
economic analysis of the proposed Westside Specific Plan and a feasibility study of a
industrial park to be located west of Interstate 5 in the National City Harbor District as
further defined in Exhibit "A".
WHEREAS, the CDC has determined that the CONTRACTOR is a
qualified economic and land planning consulting firm selected through a competitive
Request for Proposals process and is qualified by experience and ability to perform the
services desired by the CDC, and the CONTRACTOR is willing to perform such
services.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE
AS FOLLOWS:
1. ENGAGEMENT OF CONTRACTOR. The CDC hereby agrees to
engage the CONTRACTOR, and the CONTRACTOR hereby agrees to perform the
services hereinafter set forth in accordance with all terms and conditions contained
herein.
The CONTRACTOR represents that all services required hereunder will
be performed directly by the CONTRACTOR, or under direct supervision of the
CONTRACTOR.
2. SCOPE OF SERVICES. The CONTRACTOR will perform services
as set forth in the attached Exhibit "A".
The CONTRACTOR shall be responsible for all research and reviews
related to the work and shall not rely on personnel of the CDC for such services, except
as authorized in advance by the CDC. The CONTRACTOR shall appear at meetings
cited in Exhibit "A" to keep staff and the Community Development Commission advised
of the progress on the project.
Revised 6/1/2007
The CDC may unilaterally, or upon request from the CONTRACTOR, from time
to time reduce or increase the Scope of Services to be performed by the
CONTRACTOR under this Agreement. Upon doing so, the CDC and the
CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a
corresponding reduction or increase in the compensation associated with said change in
services, not to exceed a factor of 10% from the base amount.
3. PROJECT COORDINATION AND SUPERVISION.
Patricia Beard hereby is designated as the Project Coordinator for the CDC and will
monitor the progress and execution of this Agreement. The CONTRACTOR shall
assign a single Project Director to provide supervision and have overall responsibility for
the progress and execution of this Agreement for the CONTRACTOR. David Zehnder
thereby is designated as the Project Director for the CONTRACTOR.
4. COMPENSATION AND PAYMENT. The compensation for the
CONTRACTOR shall be based on monthly billings covering actual work performed.
Billings shall include labor classifications, respective rates, hours worked and also
materials, if any. The total cost for all work described in Exhibit "A" shall not exceed
$184,390 (the Base amount) without prior written authorization from the Executive
Director. Monthly invoices will be processed for payment and remitted within thirty (30)
days from receipt of invoice, provided that work is accomplished consistent with Exhibit
"A"as determined by the CDC.
The CONTRACTOR shall maintain all books, documents, papers,
employee time sheets, accounting records, and other evidence pertaining to costs
incurred and shall make such materials available at its office at all reasonable times
during the term of this Agreement and for three (3) years from the date of final payment
under this Agreement, for inspection by the CDC and for furnishing of copies to the
CDC, if requested.
5. LENGTH OF AGREEMENT. Completion dates or time durations
for specific portions of the Project are set forth in Exhibit "B". The work will be
completed prior to January, 2008 unless extended under written authorization of the
Executive Director following a report to the CDC Board.
6. DISPOSITION AND OWNERSHIP OF DOCUMENTS.
Memoranda, reports, maps, drawings, plans, specifications and other documents
prepared by the CONTRACTOR for this Project, whether paper or electronic, shall
become the property of the CDC for use with respect to this Project, and shall be turned
over to the CDC upon completion of the Project, or any phase thereof, as contemplated
by this Agreement.
Contemporaneously with the transfer of documents, the CONTRACTOR
hereby assigns to the CDC, and CONTRACTOR thereby expressly waives and
disclaims, any copyright in, and the right to reproduce, all written material, drawings,
plans, specifications or other work prepared under this Agreement, except upon the
CDC's prior authorization regarding reproduction, which authorization shall not be
2 Revised August 2005
unreasonably withheld. The CONTRACTOR shall, upon request of the CDC, execute
any further document(s) necessary to further effectuate this waiver and disclaimer.
The CONTRACTOR agrees that the CDC may use, reuse, alter,
reproduce, modify, assign, transfer, or in any other way, medium or method utilize the
CONTRACTOR's written work product for the CDC's purposes, and the CONTRACTOR
expressly waives and disclaims any residual rights granted to it by Civil Code Sections
980 through 989 relating to intellectual property and artistic works.
Any modification or reuse by the CDC of documents, drawings or
specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from
liability under Section 14 but only with respect to the effect of the modification or reuse
by the CDC, or for any liability to the CDC should the documents be used by the CDC
for some project other than what was expressly agreed upon within the Scope of this
project, unless otherwise mutually agreed.
7. INDEPENDENT CONTRACTOR. Both parties hereto in the
performance of this Agreement will be acting in an independent capacity and not as
agents, employees, partners or joint venturers with one another. Neither the
CONTRACTOR nor the CONTRACTOR'S employees are employees of the CDC and
are not entitled to any of the rights, benefits or privileges of the CDC's employees,
including but not limited to retirement, medical, unemployment, or workers'
compensation insurance.
This Agreement contemplates the personal services of the
CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the
parties that a substantial inducement to the CDC for entering into this Agreement was,
and is, the professional reputation and competence of the CONTRACTOR and its
employees. Neither this Agreement nor any interest herein may be assigned by the
CONTRACTOR without the prior written consent of the CDC. Nothing herein contained
is intended to prevent the CONTRACTOR from employing or hiring as many employees
or subcontractors as the CONTRACTOR may deem necessary for the proper and
efficient performance of this Agreement. All agreements by CONTRACTOR with its
subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this
Agreement.
8. CONTROL. Neither the CDC nor its officers, agents or employees
shall have any control over the conduct of the CONTRACTOR, or any of the
CONTRACTOR's employees except as herein set forth, and the CONTRACTOR
expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's
agents, servants or employees are in any manner agents, servants or employees of the
CDC, it being understood that the CONTRACTOR, its agents, servants and employees
are as to the CDC wholly independent contractors, and that the CONTRACTOR's
obligations to the CDC are solely such as are prescribed by this Agreement.
9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in
the performance of the services to be provided herein, shall comply with all applicable
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Revised August 2005
state and Federal statutes and regulations, and all applicable ordinances, rules and
regulations of the City of National City, whether now in force or subsequently enacted.
The CONTRACTOR, and each of its subcontractors, shall obtain and maintain a current
City of National City business license prior to and during performance of any work
pursuant to this Agreement.
10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and
covenants that it has all licenses, permits, qualifications and approvals of whatever
nature that are legally required to practice its profession. The CONTRACTOR
represents and covenants that the CONTRACTOR shall, at its sole cost and expense,
keep in effect at all times during the term of this Agreement, any license, permit or
approval which is legally required for the CONTRACTOR to practice its profession.
11. STANDARD OF CARE.
A. The CONTRACTOR, in performing any services under this
Agreement, shall perform in a manner consistent with that level of care and skill
ordinarily exercised by members of the CONTRACTOR's trade or profession currently
practicing under similar conditions and in similar locations. The CONTRACTOR shall
take all special precautions necessary to protect the CONTRACTOR's employees and
members of the public from risk of harm arising out of the nature of the work and/or the
conditions of the work site.
B. Unless disclosed in writing prior to the date of this
agreement, the CONTRACTOR warrants to the CDC that it is not now, nor has it for the
five (5) years preceding, been debarred by a governmental agency or involved in
debarment, arbitration or litigation proceedings concerning the CONTRACTOR's
professional performance, or the furnishing of materials or services relating thereto.
C. The CONTRACTOR is responsible for identifying any unique
products, treatments, processes or materials whose availability is critical to the success
of the project the CONTRACTOR has been retained to perform, within the time
requirements of the CDC, or, when no time is specified, then within a commercially
reasonable time. Accordingly, unless the CONTRACTOR has notified the CDC
otherwise, the CONTRACTOR warrants that all products, materials, processes or
treatments identified in the project documents prepared for the CDC are reasonably
commercially available. Any failure by the CONTRACTOR to use due diligence under
this sub -paragraph will render the CONTRACTOR liable to the CDC for any increased
costs that result from the CDC's later inability to obtain the specified items or any
reasonable substitute within a price range that allows for project completion in the time
frame specified or, when not specified, then within a commercially reasonable time.
12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall
not discriminate against any employee or applicant for employment because of age,
race, color, ancestry, religion, sex, sexual orientation, marital status, national origin,
physical handicap, or medical condition. The CONTRACTOR will take positive action to
insure that applicants are employed without regard to their age, race, color, ancestry,
religion, sex, sexual orientation, marital status, national origin, physical handicap, or
medical condition. Such action shall include but not be limited to the following:
employment, upgrading, demotion, transfer, recruitment or recruitment advertising,
4 Revised August 2005
layoff or termination, rates of pay or other forms of compensation, and selection for
training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous
places available to employees and applicants for employment any notices provided by
the CDC setting forth the provisions of this non-discrimination clause.
13. CONFIDENTIAL INFORMATION. The CDC may from time to time
communicate to the CONTRACTOR certain confidential information to enable the
CONTRACTOR to effectively perform the services to be provided herein. The
CONTRACTOR shall treat all such information as confidential and shall not disclose any
part thereof without the prior written consent of the CDC. The CONTRACTOR shall
limit the use and circulation of such information, even within its own organization, to the
extent necessary to perform the services to be provided herein. The foregoing
obligation of this Section 13, however, shall not apply to any part of the information that
(i) has been disclosed in publicly available sources of information; (ii) is, through no fault
of the CONTRACTOR, hereafter disclosed in publicly available sources of information;
(iii) is already in the possession of the CONTRACTOR without any obligation of
confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR
by a third party, but only to the extent that the use or disclosure thereof has been or is
rightfully authorized by that third party.
The CONTRACTOR shall not disclose any reports, recommendations,
conclusions or other results of the services or the existence of the subject matter of this
Agreement without the prior written consent of the CDC. In its performance hereunder,
the CONTRACTOR shall comply with all legal obligations it may now or hereafter have
respecting the information or other property of any other person, firm or corporation.
CONTRACTOR shall be liable to CDC for any damages caused by breach
of this condition, pursuant to the provisions of Section 14.
14. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR
agrees to defend, indemnify, and hold harmless the Community Development
Commission of the City of National City, its officers and employees, against and from
any and all liability, Toss, damages to property, injuries to, or death of any person or
persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys'
fees, and defense costs, of any kind or nature, including workers' compensation claims,
of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR's
negligent performance of this Agreement.
15. WORKERS' COMPENSATION. The CONTRACTOR shall comply
with all of the provisions of the Workers' Compensation Insurance and Safety Acts of
the State of California, the applicable provisions of Division 4 and 5 of the California
Govemment Code and all amendments thereto; and all similar state or Federal acts or
laws applicable; and shall indemnify, and hold harmless the CDC and its officers, and
employees from and against all claims, demands, payments, suits, actions, proceedings
and judgments of every nature and description, including reasonable attorney's fees
and defense costs presented, brought or recovered against the CDC or its officers,
employees or volunteers for, or on account of, any liability under any of said acts which
5 Revised August 2005
may be incurred by reason of any work to be performed by the CONTRACTOR under
this Agreement.
16. INSURANCE. The CONTRACTOR, at its sole cost and expense,
shall purchase and maintain, and shall require its subcontractors, when applicable, to
purchase and maintain throughout the term of this agreement, the following insurance
policies:
® A. If checked, Professional Liability Insurance (errors and omissions)
with minimum limits of $1,000,000 per occurrence.
B. Automobile insurance covering all bodily injury and property
damage incurred during the performance of this Agreement, with a minimum coverage
of $1,000,000 combined single limit per accident. Such automobile insurance shall
include non -owned vehicles.
C. Comprehensive general liability insurance, with minimum limits of
$1,000,000 combined single limit per occurrence, covering all bodily injury and property
damage arising out of its operation under this Agreement.
D. Workers' compensation insurance covering all of CONTRACTOR's
employees.
E. The aforesaid policies shall constitute primary insurance as to the
CDC, its officers, employees, and volunteers so that any other policies held by the CDC
shall not contribute to any loss under said insurance. Said policies shall provide for
thirty (30) days prior written notice to the CDC of cancellation or material change.
F. Said policies, except for the professional liability and worker's
compensation policies, shall name the CDC and its officers, agents and employees as
additional insureds.
G. If required insurance coverage is provided on a "claims made"
rather than "occurrence" form, the CONTRACTOR shall maintain such insurance
coverage for three years after expiration of the term (and any extensions) of this Agree-
ment.
H. Any aggregate insurance limits must apply solely to this Agree-
ment.
I. All insurance required by this Agreement shall be provided by
insurers licensed to do business in the State of California which are rated "A, VIII" or
better by the current Best's Key Rating Guide and approved by the City's Risk Manager.
Insurance may be accepted from a non -admitted, surplus lines carrier provided that
insurer is included in the current California List of Eligible Surplus Lines Insurers (LESLI
list) and otherwise meets the approval of the City's Risk Manager.
J. This Agreement shall not take effect until certificate(s) or other
sufficient proof that these insurance provisions have been complied with, are filed with
and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of
such insurance policies in full force and effect at all times during the terms of this
Agreement, the CDC may elect to treat the failure to maintain the requisite insurance as
a breach of this Agreement and terminate the Agreement as provided herein.
17. LEGAL FEES. If any party brings a suit or action against the other
party arising from any breach of any of the covenants or agreements, or any
inaccuracies in any of the representations and warranties on the part of the other party
6 Revised August 2005
arising out of this Agreement, then in that event, the prevailing party in such action or
dispute, whether by final judgment or out -of -court settlement, shall be entitled to have
and recover of and from the other party all costs and expenses of suit, including
attorneys' fees.
For purposes of determining who is to be considered the prevailing party,
it is stipulated that attorney's fees incurred in the prosecution or defense of the action or
suit shall not be considered in determining the amount of the judgment or award.
Attorney's fees to the prevailing party if other than the CDC shall, in addition, be limited
to the amount of attorney's fees incurred by the CDC in its prosecution or defense of the
action, irrespective of the actual amount of attorney's fees incurred by the prevailing
party.
18. MEDIATION/ARBITRATION. If a dispute arises out of or relates
to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to
settle the dispute by mediation in San Diego, California, in accordance with the
Commercial Mediation Rules of the American Arbitration Association (the "AAA") before
resorting to arbitration. The costs of mediation shall be borne equally by the parties.
Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof,
which is not resolved by mediation shall be settled by arbitration in San Diego,
California, in accordance with the Commercial Arbitration Rules of the AAA then
existing. Any award rendered shall be final and conclusive upon the parties, and a
judgment thereon may be entered in any court having jurisdiction over the subject
matter of the controversy. The expenses of the arbitration shall be borne equally by the
parties to the arbitration, provided that each party shall pay for,and bear the costs of, its
own experts, evidence and attorneys' fees, except that the arbitrator may assess such
expenses or any part thereof against a specified party as part of the arbitration award.
19. TERMINATION. A. This Agreement may be terminated with or
without cause by the CDC. Termination without cause shall be effective only upon 60-
day's written notice to the CONTRACTOR. During said 60-day period the
CONTRACTOR shall perform all services in accordance with this Agreement.
B. This Agreement may also be terminated immediately by the CDC
for cause in the event of a material breach of this Agreement, misrepresentation by the
CONTRACTOR in connection with the formation of this Agreement, or the performance
of services, or the failure to perform services as directed by the CDC.
C. Termination with or without cause shall be effected by delivery of
written Notice of Termination to the CONTRACTOR as provided for herein.
D. In the event of termination, all finished or unfinished memoranda
reports, maps, drawings, plans, specifications and other documents prepared by the
CONTRACTOR, whether paper or electronic, shall immediately become the property of,
and be delivered to, the CDC, and the CONTRACTOR shall be entitled to receive just
and equitable compensation for any work satisfactorily completed on such documents
and other materials up to the effective date of the Notice of Termination, not to exceed
the amounts payable hereunder, and Tess any damages caused the CDC by the
CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall
vest in the CDC all rights set forth in Section 6.
7 Revised August 2005
E. The CDC further reserves the right to immediately terminate this
Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR;
(2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business
reorganization, change in business name or change in business status of the
CONTRACTOR.
20. NOTICES. All notices or other communications required or
permitted hereunder shall be in writing, and shall be personally delivered or sent by
overnight mail (Federal Express or the like); or sent by registered or certified mail,
postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or
telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall
be deemed received upon the earlier of (i) if personally delivered, the date of delivery to
the address of the person to receive such notice, (ii) if sent by ovemight mail, the
business day following its deposit in such overnight mail facility, (iii) if mailed by
registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside
the State of California) after the date of deposit in a post office, mailbox, mail chute, or
other like facility regularly maintained by the United States Postal Service, (iv) if given
by telegraph or cable, when delivered to the telegraph company with charges prepaid,
or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request,
demand, direction or other communication delivered or sent as specified above shall be
directed to the following persons:
To the CDC:
Brad Raulston
Executive Director
Community Development Commission
of the City of National City
1243 National City Boulevard
National City, CA 91950
To the CONTRACTOR: David Zehnder
Economic & Planning Systems, Inc.
2150 River Plaza Drive, Suite 400
Sacramento CA 95833
Notice of change of address shall be given by written notice in the manner
specified in this Section. Rejection or other refusal to accept, or the inability to deliver
because of changed address of which no notice was given, shall be deemed to
constitute receipt of the notice, demand, request or communication sent. Any notice,
request, demand, direction or other communication sent by cable, telex, telecopy,
facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or
delivered as specified in this Section.
21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not
perform services of any kind for any person or entity whose interests conflict in any way
with those of the Community Development Commission of the City of National City. The
CONTRACTOR also agrees not to specify any product, treatment, process or material
8 Revised August 2005
for the project in which the CONTRACTOR has a material financial interest, either direct
or indirect, without first notifying the CDC of that fact. The CONTRACTOR shall at all
times comply with the terms of the Political Reform Act and the National City Conflict of
Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use
its official position to influence in any way any matter coming before the CDC in which
the CONTRACTOR has a financial interest as defined in Government Code Section
87103. The CONTRACTOR represents that it has no knowledge of any financial
interests that would require it to disqualify itself from any matter on which it might
perform services for the CDC.
❑ If checked, the CONTRACTOR shall comply with all of the reporting
requirements of the Political Reform Act and the National City Conflict of Interest Code.
Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the
City Clerk of the City of National City in a timely manner on forms which the
CONTRACTOR shall obtain from the City Clerk.
The CONTRACTOR shall be strictly liable to the CDC for all damages,
costs or expenses the CDC may suffer by virtue of any violation of this Paragraph 21 by
the CONTRACTOR.
22. MISCELLANEOUS PROVISIONS.
A. Computation of Time Periods. If any date or time period provided
for in this Agreement is or ends on a Saturday, Sunday or Federal, state or legal
holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of
the next day which is not a Saturday, Sunday or Federal, state or legal holiday.
B. Counterparts. This Agreement may be executed in multiple
counterparts, each of which shall be deemed an original, but all of which, together, shall
constitute but one and the same instrument.
C. Captions. Any captions to, or headings of, the sections or
subsections of this Agreement are solely for the convenience of the parties hereto, are
not a part of this Agreement, and shall not be used for the interpretation or
determination of the validity of this Agreement or any provision hereof.
D. No Obligations to Third Parties. Except as otherwise expressly
provided herein, the execution and delivery of this Agreement shall not be deemed to
confer any rights upon, or obligate any of the parties hereto, to any person or entity
other than the parties hereto.
E. Exhibits and Schedules. The Exhibits and Schedules attached
hereto are hereby incorporated herein by this reference for all purposes.
F. Amendment to this Agreement. The terms of this Agreement may
not be modified or amended except by an instrument in writing executed by each of the
parties hereto.
G. Waiver. The waiver or failure to enforce any provision of this
Agreement shall not operate as a waiver of any future breach of any such provision or
any other provision hereof.
H. Applicable Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of California.
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I. Entire Agreement. This Agreement supersedes any prior agree-
ments, negotiations and communications, oral or written, and contains the entire
agreement between the parties as to the subject matter hereof. No subsequent
agreement, representation or promise made by either party hereto, or by or to an
employee, officer, agent or representative of any party hereto, shall be of any effect
unless it is in writing and executed by the party to be bound thereby.
J. Successors and Assigns. This Agreement shall be binding upon,
and shall inure to the benefit of the successors and assigns of the parties hereto.
K. Construction. The parties acknowledge and agree that (i) each
party is of equal bargaining strength, (ii) each party has actively participated in the
drafting, preparation and negotiation of this Agreement, (iii) each such party has
consulted with, or has had the opportunity to consult with its own, independent counsel
and such other professional advisors as such party has deemed appropriate, relative to
any and all matters contemplated under this Agreement, (iv) each party and such
party's counsel and advisors have reviewed this Agreement, (v) each party has agreed
to enter into this Agreement following such review and the rendering of such advice,
and (vi) any rule or construction to the effect that ambiguities are to be resolved against
the drafting party shall not apply in the interpretation of this Agreement, or any portions
hereof, or any amendments hereto.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the date and year first above written.
COMMUNITY DEVELOPMENT
OF THE CITY OF NATIONAL CITY
By:
Ron Morrison, Chairman
APPROVED AS TO FORM:
�7Dt
George H. Eiser, III
CDC Legal Counsel
ECONOMIC & PLANNING SYSTEMS, INC.
(Corporation - signatures of two corporate officers)
(Partnership - one signature)
(Sole proprietorship - one signature)
By:
(Name)
Walter F. lamer
Managing Principal
By:
(Title)
/1-44&f
me) James R. Musba tl
Managing Printfpal
(Title)
10
Revised August 2005
EXHIBIT A - REVISED SCOPE OF WORK
TASK 1: WESTSIDE SPECIFIC PLAN ECONOMIC ANALYSIS
The EPS Team will work with EDAW to inform their work in the creation of the
Westside Specific Plan. As part of this work, EPS will conduct a market review which
will apply a specific focus to residential densities prescribed for the Specific Plan relative
to current and emerging market trends, as well as opportunities for supporting
commercial uses and mixed -use formats.
In addition, the Specific Plan will be critically reviewed in terms of how educational,
cultural, and civic uses can act as organizing elements to create a neighborhood of vital
public places; how the circulation and streetscape system can be organized to promote
safe, walkable streets; and how the existing park can be enhanced as an asset and focal
point in the community.
As a part of this evaluation of ongoing planning, EPS will also review and comment on
strategies for maintaining landscaping, lighting, and other public facilities affected by
the overall planning effort in the project area.
This task will include EPS's attendance at one public meeting.
Deliverable #1: Westside Specific Plan Economic Analysis Technical Memorandum
TASK 2: STAKEHOLDER INTERVIEWS
EPS will conduct a series of stakeholder interviews to gain local context and obtain an
independent perspective on key issues and research emphasis. These interviews may be
conducted as one-on-one sessions or in groups, as appropriate. Three representative
users, selected in cooperation with the Agency, will be interviewed. EPS will also
interview representatives of the Saint Anthony Church, the Old Town Neighborhood
Council, and Kimball Elementary School. EPS will conduct this work in parallel with
Task 1 and 3, and will schedule these interviews, whenever possible, to coincide with
community outreach meetings coordinated by EDAW.
Economic & Planning Systems, Inc.
Exhibit A - Revised Scope of Work
Feasibility of Harbor District Industrial Park
June 1, 2007
TASK 3: RELOCATION CANDIDATES AND SENDING SITE
IDENTIFICATION AND RESEARCH
The EPS team will evaluate nonconforming industrial uses in order to advise the Agency
on improving local neighborhood quality, as well as to identify key tenants in the
Harbor Industrial Park.
This evaluation will begin with available lists and other data already assembled by
EDAW, the Environmental Health Coalition (EHC), and other resources, depicting
priorities for relocation. Major priorities are expected to include auto body shops, paint
shops, and industrial businesses in immediate proximity to Kimball Elementary School.
The EPS Team also will incorporate any parcel information by land use created by the
EHC that is based on Geographic Information (GIS) data. As necessary and appropriate,
existing information will be augmented by the EPS Team as necessary to inform the
implementation of the Westside Specific Plan and the development of the Harbor
industrial Park.
The sites identified for relocation, or sending sites, will be prioritized in close
cooperation with the Agency. It is anticipated that high priority candidates to retain in
National City will have a good track record of operations (e.g., few code violations), will
generate tax revenue to the Agency, and contribute employment opportunities to the
local labor force. The evaluation will consider positive or negative market -related
impacts to small businesses from relocating to a new location within the City.
Deliverable #2: Industrial Relocation Recommendations Technical Memorandum
TASK 4: HARBOR INDUSTRIAL PARK STRATEGY
TASK 4.1: RECEIVING SITE IDENTIFICATION AND RESEARCH
The consolidation of industrial uses will begin with an initial analysis of a primary site
with reference to appropriate size, location, configuration, access, adjacent uses, and
other factors that may influence the timing and magnitude of development (e.g., soil
conditions, regulatory issues). Consideration of soil conditions, if necessary to inform
project feasibility, development strategies, and sources and uses of funding, will be
based on information derived from existing records which have already been researched
and reported by CDC.
This analysis will include a general, summary level examination of the quality of the
infrastructure (roadways, water, wastewater, storm drainage, and utilities) for
accommodating proposed new development, and include high level, order -of
Economic & Planning Systems, Inc.
Exhibit A - Revised Scope of Work
Feasibility of harbor District Industrial Park
Tune 7, 2007
magnitude costs associated with the EPS Team's recommendations for the replacement
and/or augmentation of backbone infrastructure systems. This order -of -magnitude cost
evaluation will identify basic infrastructure including new or expanded utilities, storm
drainage, roadway, and sewer and water improvements.
This analysis will also provide a brief conceptual overview of potential opportunities
and constraints associated with one or two alternative sites.
Deliverable #3: Industrial Park Site Evaluation Memorandum
TASK 4.2: INDUSTRIAL MARKET FEASIBILITY ANALYSIS
EPS will conduct focused analysis of market conditions to support the development of
pro forma financial analysis and the sources and uses analysis, to characterize funding
gaps and strategies.
EPS will identify likely industrial park revenues, incorporate these within the pro forma
(see Task 4.4) and, through analysis of tax increment and other ongoing or one-time
funding sources provided in Task 4.5, determine if any financial gap is narrow enough
to close. The iterative nature of this analysis is critical. As the implications of market
research are fed into prototype and financial feasibility analysis, it will be possible to
determine if available funding sources are capable of producing a viable project.
Strategies to address key issues will be identified and communicated to the Agency
through iterative analysis, and a strategy will be crafted to respond to market and
financial conditions.
The following approach will be used:
1. Identify market fundamentals such as absorption rates by price point, lease rates,
vacancy rates, capitalization rates, required developer profit, cost of financing,
and other variables;
2. Evaluate demand assumptions for specific uses, utilizing available analysis
supplemented as necessary by review of population, employment, and
development projections;
3. Identify any competitive projects within the trade area; and
4. Determine the development outlook, taking competitive market position into
consideration based on project attributes such as location, access, proximity to
other key uses, and other factors.
Deliverable #4: Industrial Park Market Analysis Memorandum
Economic £y Planning Systems, Inc.
Exhibit A - Revised Scope of Work
Feasibility of Harbor District Industrial !'ark
June 1, 2007
TASK 4.3: INDUSTRIAL PARK CONCEPTUAL PLAN
Task 4.3.1: Prepare Relocation Site Diagrams
To effectively evaluate the number and configuration of businesses that can be relocated
to a site, the EPS Team will prepare a conceptual layout of the primary receiver site, and
evaluate its ability to accommodate prospective users. Of particular importance will be
issues of access, infrastructure condition and capacity, and configuration to support
sufficient relocation numbers.
The EPS Team will evaluate multiple land use configurations (up to three) for the site
based on internal review and discussion, information gathered from the Agency, as well
as input from stakeholder groups and local industrial interests.
Task 4.3.2: Develop Relocation Project Prototype
EPS will work with GDeS to identify a building prototype, incorporating considerations
of massing, setbacks, landscaping requirements, vertical building improvement costs,
likely tenant improvements, soft costs, and other development assumptions that will
feed into both the feasibility analysis below as well as the land use plan. This prototype
would be designed to be flexible and adaptable to different site conditions and user sizes
-- essentially a "kit" of parts with site guidelines that can be assembled in different
configurations.
Creation of a multi-user industrial park prototype will explore the issues of shared
facilities such as air handling, toxic material storage, parking, and water treatment, both
as a means to mitigate initial infrastructure costs, and in an effort to maintain a
consistent environmental standards across many businesses.
Creating a LEED-qualified facility will be explored to evaluate which improvements and
strategies are appropriate and which level of certification is appropriate. There is an
opportunity to employ a great deal of creativity in the exploration of materials and
concepts for a multi-user industrial complex. EPS and GDeS will propose a conceptual
development prototype that incorporates the business needs of the relocated users and
demonstrates desired environmental (visual and other) enhancements.
TASK 4.4: INDUSTRIAL PARK PRO FORMA FEASIBILITY ANALYSIS
EPS will evaluate the specific private -sector costs and revenues to determine if the
development prototype can be developed feasibly. This analysis will use the "income
approach" whereby operations costs are netted out of lease rates to derive net operating
income (NOI). The NOT will be capitalized to derive total asset value, from which
Economic & Planning Systems, Inc.
Exhibit A - Revised Scope of Work
Feasibility of Harbor District Industrial Park
June 1, 2007
construction costs, soft costs, and developer profit are deducted to determine residual
value. If residual land value is driven down to close to zero because of factors specific to
the project, there may be insufficient private sector incentive to take risks associated
with creating the facility. Such factors might include unusual soil conditions, onerous
infrastructure costs, or downward pressures on lease income because of negative
perceptions of image or concerns about the credit worthiness of targeted tenants. With
this information, the EPS Team can suggest types of actions or subsidies that will be
most effective in prompting private investment.
Revenue estimates and other key variables will be drawn from the market research
(Task 4.2), in-house information, and/or standard industry assumptions. Working with
other team members and Agency staff, EPS will evaluate required project capital
improvements, as well as estimated costs of environmental remediation (provided by
consultants already under contract with the City or Agency). Vertical development
costs will utilize any available project information supplemented by in-house
information and/or cost estimation manuals as necessary.
This information will result in the identification of any project financial gaps to be
addressed in Task 4.5.
Deliverable #5: Draft Conceptual Plan Memorandum. This memorandum will
incorporate the findings from tasks 4.3 and 4.4.
TASK 4.5: IMPLEMENTATION AND FUNDING STRATEGY
Task 4.5.1: Financing Strategy for Industrial Park
As a result of the pro forma analysis, EPS will evaluate the potential need and capacity
for debt issuance available for required capital funding. Based on expected costs of site
remediation, infrastructure, predevelopment, and entitlement, a full range of financing
resources will likely be needed including one-time and ongoing Agency financial
assistance.
The EPS Team will prepare a "sources and uses of funds" analysis as a key component
of the implementation strategy. A matrix will be developed showing required
improvements, associated costs, and potential funding sources including land -secured
funding (e.g., Mello -Roos Community Facilities Districts, landscaping and lighting
districts, etc.), impact fee revenue, joint public/private financing of certain
improvements, and tax increment financing, as well as other applicable funding sources.
The EPS Team will work closely with Agency staff to apply available information
regarding property acquisition, relocation and other requirements associated with the
plan's implementation.
Economic & Planning Systems, Inc.
Exhibit A - Revised Scope of Work
Feasibility of Harbor District Industrial Park
June 1, 2007
The strategy will include recommended methods for addressing capital funding
shortfalls, as appropriate, including modifications to project as necessary.
Task 4.5.2: Prioritized Action Plan
The final report will set -forth an action plan for Agency consideration, specifying
sending areas and the essential components of new industrial park development. In
addition, the phasing of capital improvements, and the optimal use funding resources
and deal structures to realize development goals will be presented by the Action flan.
Deliverable #6: Draft Project Report, Revisions (up to two), Final Project Report, and
Presentation
Economic & Planning Systems, Inc.
Exhibit A (Continued)
National City Harbor District Industrial Park Feasibility Analysis
Project Budget Projection
Task/ Amount
Description [1] [2]
Task 1: Westside Specific Plan Economic Analysis $30,820
Task 2: Stakeholder Interviews $9,110
Task 3: Relocation Candidates and Sending Site Identification and Research $12,840
Task 4: Harbor Industrial Park Strategy
Task 4.1: Receiving Sites Identification and Research $20,170
Task 4.2: Industrial Market Feasibility Analysis $33,960
Task 4.3: Industrial Park Conceptual Plan
Task 4.3.1: Prepare Relocation Site Diagrams
Task 4.3.2: Develop Relocation Project Prototype
$11,960
$14,680
Task 4.4: Industrial Park ProForma Feasibility Analysis $19,490
Task 4.5: Implementation and Funding Strategy
Task 4.5.1: Financing Strategy for Industrial Park
Task 4.5.2: Prioritized Action Plan
TOTAL PROJECT COSTS [2]
$15,300
$16,060
$184,390
111 EPS reserves the right to move budget between tasks.
[2] EPS's fees are based on a direct cost (hourly rates and direct expenses) not -to -exceed
basis; therefore, you will be charged only for the work actually completed up to the
authorized budget amount. EPS will not exceed the maximum budget without prior authorization.
Economic & Planning Systems, Inc. 6/I/2007 glpb dgetll16663pbud 4.xls
Exhibit B
National City Harbor District Industrial Park Feasibility Analysis
Estimated Timeline of Work Completed by EPS Team
June, 2007
July, 2007 August, 2007 September, 2007 October, 2007 November, 2007 December, 2007
Task 1: Westside Specific Plan Economic Analysis A 00,11J
Task 2: Stakeholder Interviews A
Task 3: Relocation Candidates and Sending Site Identification and Research A, [2]
Task 4: Harbor Industrial Park Strategy
Task 4.1: Receiving Sites Identification and Research • [3]
Task 4.2: Industrial Market Feasibility Analysis 1.[4]
Task 4.3: Industrial Park Conceptual Plan
Task 4.3.1: Prepare Relocation Site Diagrams
Task 4.3.2: Develop Relocation Project Prototype ••15]
Task 4.4: Industrial Park ProForma Feasibility Analysis • [5]
Task 4.5: Implementation and Funding Strategy
Task 4.5.1: Financing Strategy for Industrial Park
Task 4.5.2: Prioritized Action Plan
A[Y
A = Potential meetings to be coordinated with EDAW and the City (maximum of 7).
[X] = Deliverable; see below
[1] Deliverable 1: Westside Specific Plan Economic Analysis Technical Memorandum - Input to EDAW Westside Specific Plan
12] Deliverable 2: Industrial Relocation Recommendations Technical Memorandum
[3] Deliverable 3: Industrial Park Site Evaluation Memorandum
[4] Deliverable 4: Industrial Park Market Analysis Memorandum
15] Deliverable 5: Draft Conceptual Plan Memorandum
[6] Deliverable 6: Draft Project Report
Prepared by EPS
16663 tlmelne2.xls 6/1/2007
ACORD,Y CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/0D/YY)
06/06/07
'PRODUCER LIC #0619252
Tanner Insurance Brokers
A Division of UnionBanc Insurance Services, Inc.
4480 Willow Road
Pleasanton, CA 94588-2710
INSURED
Economic & Planning Systems
12150 River Plaza Dr., Suite 400
Sacramento, CA 95833
1-925-463-9672
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
INSURER A'Houa ton Casualty Company
IINSURERD:Republic Indemnity Company
, INSURER C. Peerless Insurance Company
INSURER D
j INSURER F
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR' TYPE OF INSURANCE POLICY NUMBER I POLICY EFFECTIVE ' POLICY EXPIRATION
• LTRDATE IMM/DDIYYI DATE IMMIDD/YYl
LIMBS
C L_GE_NERALUABILITY ICBP9578350 04/01/07 04/01/08
I X COMMERCIAL GENERA' : IAB.LITY
CLAIMS MADE X I OCCUR •MED
FACHOCCURRENCE I$1,000,000
FIRE DAMAGE (Any one fire) $ 100,000
EXP (Any one person) I $ 5, 0001
x Contractual Liability 1
_
I PERSON1L 8 ADV INJURY Excluded
1 _
is
GENERAL AGGREGATE $ 2,000,000
CEN'L AGGREGA I E LIMI I APPLIES PER I
I PRODUCTS - COMPIOP AGG 15 2,000,000
X I POLICY I PRO- .00 I
JFCT
—. — ._-__
I
C AUTOMOBILE LIABILITY CBP9578350 04/01/07 104/01/08
i I
_ 1- ANY AUTO
I ALL OWNED AUTOS
COMBINED SINGLE LIMIT $ 1,000,000
(Fa occident)
BODILY INJURY $
I (Per person)
1
SCHEDU_ED AUTOS
L. X I MIRED AUTOS
BODILY INJURY S
(per strident)
X NON -OWNED AUTOS
I—
—
I PROPERTY DAMAGE IS
' (Per acdderl)
i
E LTY
I GARAGLIABILITY
ANY AUTO
IAUTO ONLY - rA ACCIDENT _ $
OTHER THAN LA ACC $
I
•AUTO ONLY. AGG ( $
I EXCESS UABIUTY I _
I I OCCUR I_CLAIMS MADE 1
EACH OCCURRENCE $
I AGGREGATE S
I
1 -
DEDUCTIBLE
I I RETENTION $ i I
I- $
I.
S
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If
B WORKERSCOMPENSATION AND 16150804 i 04/01/07 04/01/08
EMPLOVERS' UABIUTY I
I I
I 1
X • WCSTATU. ' 01H-
1_,. MY L mirs.. ER
_I
F.L. EACH ACCIDENT - $ 1,000,000
•ELDISEASE- FAE.MPLOYEF.I$ 1,000,000
E.L. DISEASE- POLICY LIMIT $ 1,000,000
I OTHER 1
A .Advertising/Personal InjuIH70712026 I 04/01/07 04/01/08
A Professional Liability IH70712026 04/01/07 04/01/08
I 1 I
Annual Aggregate 51,000,000
1 S1,000,000
1 $
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Community Development Commission of City of National City and its officers, agents, and employees
are named Additional Insured as respects to the General Liability per the attached endorsement.
RE: Westside Specific Plan Economic Analysis and Harbor District Industrial Park Feasibility Study EPS #16663
*30 day notice of cancellation except 10 days for non-payment
CERTIFICATE HOLDER
'EPS #16663
• y I ADDITIONAL INSURED; INSURER LETTER,
,Community Development Commission of City of National City
Attn: Brad Raulaton, Exective Dir.
1243 National City Blvd.
National City, CA 91950
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
USA
ACORD 25-5 (7/97) NDumag
6354946
o ACORD CORPORATION 1988
RESOLUTION NO. 2007 -- 148
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF NATIONAL CITY APPROVING AN AGREEMENT WITH
ECONOMIC AND PLANNING SYSTEMS, INCORPORATED TO CONDUCT
A FEASIBILITY STUDY REGARDING THE RELOCATION OF POTENTIAL
NON -CONFORMING USES WITHIN THE SPECIFIC PLANNING AREA IN
AN INDUSTRIAL PARK LOCATED IN THE NATIONAL CITY HARBOR DISTRICT
WHEREAS, the Community Development Commission of the City of National
City ("CDC") is implementing the National City Redevelopment Plan; and
WHEREAS, the CDC is preparing the Westside Specific Plan to revitalize the
neighborhood and mitigate blighting factors; and
WHEREAS, on November 2, 2006, the CDC issued a Request for Proposals for
a feasibility study regarding relocation of potential non -conforming uses within the specific
planning area in an industrial park located in the National City Harbor District; and
WHEREAS, the CDC rated five proposals in response to the Request for
Proposals process and has determined that Economic and Planning Systems, Incorporated is
the preferred qualified consultant to conduct the feasibility study.
NOW, THEREFORE, BE IT RESOLVED that the Community Development
Commission of the City of National City hereby approves an Agreement with Economic and
Planning Systems, Incorporated in the not to exceed amount of $184,390 to conduct a feasibility
study regarding the relocation of potential non -conforming uses within the specific planning area
in a industrial park located in the National City Harbor District. Said Agreement is on file in the
office of the City Clerk.
PASSED and ADOPTED this 19th day of June,
ATTEST:
Brad 2tsti, Secretary
APPROVED AS TO FORM:
George H. >riser, 11l
Legal Counsel
on Morrison, Cl`iairman
Passed and adopted by the Community Development Commission of the City of
National City, Califomia, on June 19, 2007, by the following vote, to -wit:
Ayes: Commissioners Morrison, Natividad, Parra, Ungab, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Chairman, Community Development Commission
Secretary, Comm nity-BevaSfopment Commission
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2007-148 of the Community Development Commission of the City
of National City, Califomia, passed and adopted on June 19, 2007.
Secretary, Community Development Commission
By:
Deputy
City of National City, California
COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT
MEETING DATE June 19, 2007
AGENDA ITEM NO. 34
/ ITEM TITLE A resolution approving an Agreement, not to exceed S184,390,
with Economic & Planning Systems, Inc. to conduct an economic analysis of
comprehensive implementation of Westside Specific Plan and a feasibility
study regarding the relocation of potential non -conforming uses to an
industrial park located in the National City Harbor District.
PREPARED BY DEPARTMENT
Patricia Beard, Redeve10 ment Manager Redevelopment Division
Ext 4250
EXPLANATION The feasibility study being considered is a companion to the Westside
Specific Planning effort ("WSP") and is detailed in the attached Background Report. At
meetings on March 20, and April 17, 2007 the CDC Board directed staff to negotiate with
consultant teams to reduce the proposed cost of the study from $325,000 and to consider
consolidating the feasibility effort with completion of the WSP. As a result of further
discussions among staff and with consultants, staff is now recommending proceeding with
the feasibility study per the Agreement attached to this staff report. A verbal report on other
components needed to complete and implement the WSP will be provided by the Executive
Director. (Please see attached Background Report.)
Environmental Review Not applicable.
Financial Statement The revised proposal cost is $184,390, reduced from an original
proposal of $325,000 and a second proposal of $205,000. These funds will be appropriated
in the 2007-08 CDC budget.
Account No
STAFF RECOMMENDATION Adopt the resolution.
BOARD / COMMISSION RECOMMENDATION Not applicable.
J
ATTACHMENTS Resolution No.
1. Background report
2. Proposed Agreement
3. Consultant credentials
City of National City
Office of the City Clerk
1243 National City Boulevard, National City, CA 91950-4397
Michael R. Dalla, CMC - City Clerk
(619) 336-4228 Fax: (619) 336-4229
July 11, 2007
Mr. David Zehnder
Economic & Planning Systems, Inc.
2150 River Plaza Drive, Suite 400
Sacramento, CA 95833
Dear Mr. Zehnder,
On June 19, 2007, Resolution No. 2007-148 was passed and adopted by the
Community Development Commission of National City, authorizing execution of
an agreement with Economic & Planning Systems, Inc.
We are enclosing for your records a certified copy of the above Resolution and a
fully executed agreement.
Sincerely,
Michael R. Dalla, CMC
City Clerk
Enclosure
cc: Community Development Commission
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