`A,� OF BELLFtO ��
TO: Honorable Mayor and Members of the City Council
ATTENTION: Jeffrey L. Stewart, City Manager
FROM: Elizabeth C. Oba, Director of Planning and Building Services SUBJECT: Consideration and possible action to authorize the City Mana
execute Agreement File No. 1016, in a form approved
Attorney, with PGN, for planning consulting services
Housing Element implementation.
DATE:
October 9, 2023
EXECUTIVE SUMMARY
ger to
by the City
related to
This action would authorize the City Manager to execute Agreement File No. 1016 with PGN for planning consulting services related to implementation of the 2021-2029 Housing Element. On September 9, 2022, the Department of Housing and Community Development ("HCD") certified the City's Housing Element. The Housing Element sets forth programs to meet the identified housing need. The City must plan to accommodate an additional 3,735 housing units in the City. This Agreement will initiate the implementation of the Housing Element to address the housing need for the 2021-2029 cycle. This Agreement will be for a two-year term.
RECOMMENDATION TO CITY COUNCIL
1) Authorize the City Manager to execute Agreement File No. 1016, in a form approved by the City Attorney; or
2) Alternatively, discuss and fake other action related to this item.
FISCAL IMPACT
The agreement will not exceed $71,300 (fora 2 -year period) for planning consulting services related to Housing Element implementation. Funds are budgeted in Account No. 542 -420544132 -LEA and will be reimbursed in full by the LEAP grant from HCD. ®ISCUSSION
The Housing Element is one of the seven elements of the City's General Plan. State law requires that local governments adequately plan to meet the existing and projected housing needs. As part of the 6t" Cycle Regional Housing Needs Assessment ("RHNA"), the Southern California Association of Governments ("SCAG") allocated 3,735 total housing units for the City of Bellflower for the 2021-2029 planning period. This Agreement will initiate the process to accommodate a portion of the total RHNA through various zoning overlays, zone changes, and general plan amendments in the Housing Opportunity Areas ("HOAs") identified in the Housing Element. To accommodate the other portion of the total RHNA, the Downtown Bellflower Transit Oriented Development Specific Plan will be modified by City staff.
ZMELM
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Staff Report — Agreement File No. 1016
PUN
October 9, 2023
DISCUSSION —Continue
Ms. Patti Nahill, Sole Proprietor ofhas over 35 years of planning and environmental experience working for municipal governments and private consulting firms. Ms. Nahill has relevant experience in the preparation and implementation of various elements of the General Plan, new development codes, and Specific Plans. She has been directly involved in the preparation of or the amendment to over 30 Specific Plans in Riverside County. The work included writing new Specific Plans, amending existing Specific Plans, working with staff and applicants to create land use plans, reviewing sub -consultant technical studies, writing environmental impact reports for Specific Plans, reviewing the documents, and managing the hearing process. Her experience and approach to Specific Plans and writing new development codes will help facilitate the necessary zoning overlays, zone changes, and general plan amendments to implement the Housing Element and accommodate additional housing units in the City.
ATTACHMENT
Agreement File No. 1016..............................................................................3 _2®
AGREEMENT FILE NO. 1016
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF BELLFLOWER AND
PGN
FOR CITY OF BELLFLOWER PLANNING CONSULTANT SERVICES
HOUSING ELEMENT IMPLEMENTATION
RELATED TO
THIS AGREEMENT is entered into this 9th day of October 2023, by and between the CITY OF BELLFLOWER, a municipal corporation and general law city ("CITY") and PGN, a Sole Proprietorship ("CONSULTANT").
1. CONSIDERATION.
A. As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, below;
B. As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement;
C. As additional consideration, CITY agrees to pay CONSULTANT a sum not to exceed $71,300 for CONSULTANT's services. CITY may modify this amount as set forth below. Unless otherwise specified by written amendment to this Agreement, CITY will pay this sum as specified in the attached Exhibit "B," which is incorporated by reference.
A. CONSULTANT will perform services listed in the attached Exhibit "A,"which is incorporated by reference.
B. CONSULTANT will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perform and complete the work and provide the professional services required of CONSULTANT by this Agreement.
3. PERFORMANCE STANDARDS. While performing this Agreement, CONSULTANT will use the appropriate generally accepted professional standards of practice existing at the time of performance utilized by persons engaged in providing similar services. CITY will continuously monitor CONSULTANT's services. CITY will notify CONSULTANT of any deficiencies and CONSULTANT will have fifteen (15) days after such notification to cure any shortcomings to CITY's satisfaction. Costs associated with curing the deficiencies will be borne by CONSULTANT.
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4. PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement, CONSULTANT must submit a detailed invoice to CITY which lists the hours worked and hourly rates for each personnel category and reimbursable costs (all as set forth in Exhibit "B") the tasks performed, the percentage of the task completed during the billing period, the cumulative percentage completed for each task, the total cost of that work during the preceding billing month and a cumulative cash flow curve showing projected and actual expenditures versus time to date.
5. NON -APPROPRIATION OF FUNDS. Payments due and payable to CONSULTANT for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of the CITY. In the event the CITY has not appropriated sufficient funds for payment of CONSULTANT services beyond the current fiscal year, this Agreement will cover only those costs incurred up to the conclusion of the current fiscal year.
6. ADDITIONAL WORK.
A. CITY's city manager ("Manager") may determine, at the Manager's sole discretion, that CONSULTANT must perform additional work ("Additional Work") to complete the Scope of Work. If Additional Work is needed, the Manager will give written authorization to CONSULTANT to perform such Additional Work,
B. If CONSULTANT believes Additional Work is needed to complete the Scope of Work, CONSULTANT will provide the Manager with written notification that contains a specific description of the proposed Additional Work, reasons for such Additional Work, and a detailed proposal regarding cost.
C. Payments over $25,000 for Additional Work must be approved by CITY's city council. All Additional Work will be subject to all other terms and provisions of this Agreement.
7. FAMILIARITY WITH WORK.
A. By executing this Agreement, CONSULTANT agrees that it has:
i. Carefully investigated and considered the scope of services to be performed;
ii. Carefully considered how the services should be performed; and . Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.
39ty of Bellflower
greement File No. 1016
.age
B. If services involve
CONSULTANT has
acquainted with the
services hereunder.
conditions that m
CONSULTANT will i
proceed except at
received from CITY
work upon any site, CONSULTANT agrees that
or will__ investigate the site and is or will be fully
conditions there existing, before commencing the
Should CONSULTANT discover any latent or unknown
may
materially affect the performance of the services,
mmediately inform CITY of such fact and will not
CONSULTANT's own risk until written instructions are
8. TERM. The term of this Agreement will be from October 16, 2023 to October 16, 2025. Unless otherwise determined by written amendment between the parties, this Agreement,will terminate in the following instances:
A. Completion of the work specified in Exhibit "A";
B. Termination as stated in Section 16.
9. TIME FOR PERFORMANCE.
A. CONSULTANT will not perform any work under this Agreement until:
i. CONSULTANT furnishes proof of insurance as required under Section 23 of this Agreement; and
ii. CITY gives CONSULTANT a written notice to proceed.
B. Should CONSULTANT begin work on any phase in advance of receiving written authorization to proceed, any such professional services are at CONSULTANT's own risk.
10. TIME EXTENSIONS. Should CONSULTANT be delayed by causes beyond CONSULTAN I S control, CITY may grant a time extension for the completion of the contracted services. If delay occurs, CONSULTANT must notify the Manager within forty. eight hours (48 hours), in writing, of the cause and the extent of the delay and how such delay interferes with the Agreement's schedule. The Manager will extend the completion time, when appropriate, for the completion of the contracted services.
11. CONSISTENCY. In interpreting this Agreement and resolving any ambiguities, the main body of this Agreement takes precedence over the attached Exhibits; this Agreement supersedes any conflicting provisions. Any inconsistency between the Exhibits will be resolved in the order in which the Exhibits appear below:
Exhibit A — Scope of Work
Exhibit B — Budget
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Agreement File No. 1016
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12. CHANGES. CITY may order changes in the services within -the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONSULTANT. and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties.
13. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number.
14. PERMITS AND LICENSES. CONSULTANT, at its sole expense, will obtain and maintain during the term of this Agreement, all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.
15. WAIVER. CITY's review or acceptance of, or payment for, work product prepared by CONSULTANT under this Agreement will not be construed to operate as a waiver of any rights CITY may have under this -Agreement or of any cause of action arising from CONSULTANT's performance. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character.
A. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause.
B. CONSULTANT may terminate this Agreement at any time with CITY's mutual consent. Notice will 1H writing at least thirty (30) days before the effective termination date.
C. Upon receiving in
termination notice, CONSULTANT will immediately cease
performance under this Agreement unless otherwise provided in the termination notice. Except as otherwise provided in the termination notice, any additional work performed by CONSULTANT after receiving a termination notice will be performed at CONSULTANT's own cost; CITY will not be obligated to compensate CONSULTANT for such work.
D. Should termination occur, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by CONSULTANT will, at CITY's option, become CITY's property, and CONSULTANT will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination, not to exceed the total costs under Section 1(C).
E. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated.
F. By executing this document, CONSULTANT waives any and all claims for damages that might otherwise_ arise from CITY's termination under this Section.
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Agreement File No. 1016
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17. OWNERSHIP OF DOCUMENTS; EXCEPTIONS; WARRANTY. Except as otherwise provided below, all documents, data, studies, drawings, maps, models, photographs and reports prepared by CONSULTANT (collectively, "Documents") under this Agreement are CITY's property. CONSULTANT may retain copies of such Documents as desired but will deliver all original materials to CITY upon CITY's written notice. CITY agrees that use of CONSULTANT's completed work product, for purposes other than identified in this Agreement, or use of incomplete work product, is at CITY's own risk. CONSULTANT warrants that all Documents it drafts and completes pursuant to this Agreement constitutes original work. Specifically, CONSULTANT understands and agrees that use Df artificial intelligence (AI) tools including, without limitation, ChatGPT, Microsoft's Bing Chat, Google's Bard, and Meta's LLaMA (Large Language Model Meta Al), in the performance of this Agreement does not constitute an original work, i.e., submitting Documents generated by such Al tools to CITY and representing it as CONSULTANT's original work constitutes a material breach of this Agreement, constitutes a false claim, and may also violate applicable intellectual property right laws including, without limitation, United States Copyright Law. Accordingly, and notwithstanding any other provision of this Agreement as to ownership, CITY specifically rejects ownership of such Documents. CONSULTANT is required to indemnify and defend CITY to the fullest extent allowed by applicable law should it violate this Section.
18. PUBLICATION OF DOCUMENTS. Except as necessary for performance of service under this Agreement, no copies, sketches, or graphs of materials, including graphic art work, prepared pursuant to this Agreement, will be released by CONSULTANT to any other person or public CITY without CITY's prior written approval. All press releases, including graphic display information to be published in newspapers or magazines, will be approved and distributed solely by CITY, unless otherwise provided by written agreement between the parties.
19. INDEMNIFICATION.
A. CONSULTANT agrees to the following:
i. Indemnification for Professional Services. CONSULTANT will save harmless and indemnify and at CITY's request reimburse defense costs for CITY and all its officers, volunteers, employees and representatives from and against any and all suits, actions, or claims, of any character whatever, brought for, or on account of, any injuries or damages sustained by any person or property resulting or arising from any negligent or wrongful act, error or omission by CONSULTANT or any of CONSULTANT's officers, agents,
employees, or representatives, in the performance of this Agreement, except for such loss or damage arising from CITY's sole negligence or willful misconduct.
ii. Indemnification for other Damages. CONSULTANT indemnifies and holds CITY harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising out of this Agreement, or its performance, except for such loss or damage arising from CITY's sole negligence or willful
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misconduct. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, CONSULTANT will defend CITY (at CITY's request and with counsel satisfactory to CITY) and will indemnify CITY for any judgment rendered against it or any sums paid out in settlement or otherwise.
B. For purposes of this section "CITY" includes CITY's officers, officials, employees, agents, representatives, and certified volunteers.
C. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement.
D. The requirements as to the types and limits of insurance coverage to be maintained by CONSULTANT as required by Section 23, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONSULTANT pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification.
20. ASSIGNABILITY. This Agreement is for CONSULTANT's professional services.
CONSULTANT's attempts to assign the benefits or burdens of this Agreement without CITY's written approval are prohibited and will be null and void.
21. INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which is 'it performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY.
CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees.
Any provision in this Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only.
22. AUDIT OF RECORD. CONSULTANT will maintain full and accurate records with respect to all services and matters covered under this Agreement. CITY will have free access at all reasonable times to such records, and the right to exami ane and audit the
same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. CONSULTANT will retain such financial and program service records for at least three (3) years after termination or ftfinal payment under this Agreement.
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Agreement File No. 1016
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23. INSURANCE.
A. Before commencing performance under this Agreement, and C1 other times this Agreement is effective, CONSULTANT will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:
Type of Insurance
Commercial general liability
Professional Liability
Business automobile liability
Workers compensation
Limits
$2,000,000
$1,000,000
$1,000,000
Statutory requirement
B. Commercial general liability insurancewill meet or exceed the requirements of the most recent ISO -CGL Form. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name CITY, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by CITY will be excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88, or equivalent. Such insurance will be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to CITY.
C. Professional liability coverage will be on an "occurrence basis" if such coverage is available, or on a "claims made" basis if not available. When coverage is provided on a "claims made basis," CONSULTANT will continue to renew the insurance for a period of three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONSULTANT for all claims made by CITY arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was 'in effect.
D. Automobile coverage will be written '
on ISO Business Auto Coverage Form
CA 00 01 06 92, including symbol 1 (Any Auto).
E. CONSULTANT will furnish to CITY duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement and such other evidence of insurance or copies of policies as may be reasonably required by CITY from time to time. Insurance must be -g-
City of Bellflower
Agreement File No. 1016
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placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "A:VII."
F. Should CONSULTANT, for any reason, fail to obtain and maintain the insurance required by this Agreement, CITY may obtain such coverage at CONSULTANT's expense and deduct the cost of such insurance from payments due to CONSULTANT under this Agreement or terminate pursuant to Section 16.
G. Self -Insured Retention/Deductibles. All policies required by this Agreement must allow CITY, as additional insured, to satisfy the self-insured retention ("SIR") and deductible of the policy in lieu of CONSULTANT (as the named insured) should CONSULTANT fail to pay the SIR or deductible requirements. The amount of the SIR or deductible is subject to the approval of the City Attorney and the Finance Director. CONSULTANT understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by CONSULTANT as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should CITY pay the SIR or deductible on CITY's behalf upon the CONSULTANT'S failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, CITY may include such amounts as damages in any action against CONSULTANT for breach of this Agreement in addition to any other damages incurred by CITY due to the breach.
24. USE OF SUBCONTRACTORS. CONSULTANT must obtain CITY's prior written approval to use any consultants while performing any portion of this Agreement. Such approval must approve of the proposed consultant and the terms of compensation.
25. INCIDENTAL TASKS. CONSULTANT will meet with CITY monthly to provide the status on the project, which will include a schedule update and a short narrative description of progress during the past month for each major task, a description of the work remaining and a description of the work to be done before the next schedule update.
26. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows:
If to CONSULTANT: If to CITY:
Attention: Patti Nahill Attention: Elizabeth
PGN
PO Box 2473
Menifee, CA 92586-1473
(951) 301-7114
[email protected]
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Oba
City of Bellflower
16600 Civic Center Drive
Bellflower, CA 90706
(562) 804-1424
[email protected]
City of Bellflower
Agreement File No. 1016
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Any such written communications by mail will be
received by the addressee upon deposit thereof
prepaid and properly addressed as noted above.
deemed given at the time of actual delivery.
addresses of persons to whom notices are to
prescribed in this paragraph.
conclusively deemed to have been
in the United States Mail, postage
In all other instances,
Changes may be made in
be given by giving notice
notices will be
the names or
in the manner
27. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest laws and regulations including, without limitation, CITY's conflict of interest regulations.
28. ❑ This Section applies only if box is checked. POLITICAL REFORM ACT. CONSULTANT agrees that it will be considered a public official subject to the Political Reform Act of 1974 for purposes of this Agreement. CONSULTANT agrees and warrants that it has no financial interests which may be materially affected by the project for which the Initial Study, as specified in the SERVICES, is being prepared. Such financial interests may include, without limitation, interests in business entities, real property, or sources of income exceeding $500 received within the past year. CONSULTANT further warrants that, before executing this Agreement, it reviewed the Political Reform Act of 1974 and the Fair Political Practices Commission regulations, including, without limitation, Chapter 7 of Title 2 of the California Administrative Code, Section 18700, et seq., in order to determine whether any conflict of interest would require CONSULTANT to refrain from performing the SERVICES or in any way attempting to use its official position to influence the governmental decisions underlying the subject environmental clearances.
29. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSULTANT'S bona fide employee, to solicit or secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed to pay any company or person, other than CONSULTANT's bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without liability.
30. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of CONSULTANT's or CITY's obligations under this Agreement. 31, INTERPRETATION. This Agreement was drafted in, and will be construed in
accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County.
32. COMPLIANCE
WITH LAW. CONSULTANT agrees to comply with all federal, state, and local laws applicable to this Agreement.
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33. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written. There are two Attachments to this Agreement. This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns.
34. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party.
35. SEVERABILITY. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect.
36. AUTHORITY/MO®IFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment. CITY 's Manager, or designee, may execute any such amendment on behalf of CITY.
37. ELECTRONIC SIGNATURES. This Agreement may be executed by the Parties on any number of separate counterparts, and all such counterparts so executed constitute one agreement binding on all the Parties notwithstanding that all the Parties are not signatories to the same counterpart. In accordance with Government Code §16.5, the Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by electronic transmission. Such electronic signature will be treated in all respects as having the same effect as an original signature.
38. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement.
39. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this Agreement.
40. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, acts of terrorism, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties' reasonable control, then the Agreement will immediately terminate without obligation of either party to the other.
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41. STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY. CONSULTANT represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all suggest that CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public CITY.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first hereinabove written.
CITY OF BELLFLOWER
Jeffrey L. Stewart, City Manager
ATTEST:
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
Karl H. Berger, City Attorney
ATTACHMENTS:
Exhibit A —Scope of Work
Exhibit B —Budget
PGN
Patti Nahill, Principal
Taxpayer ID No.
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Exhibit A - Scope of Services
BELLFLOWER HOUSING ELEMENT IMPLEMENTATION PRO]ECT
PART 1: PROJECT ADMINISTRATION
Task 1.1 —Project Area Review of Relevant Plans and Studies: PGN will review recent and on- going planning documents that are relevant to existing conditions and future development in i
eght of the City of Bellflower's Housing Opportunity Areas ("HOAs'). The eight HOAs include:
Housing Opportunity Area 1: Rosecrans + McNab
Housing Opportunity Area 2: Clark + Alondra
Housing Opportunity Area 3: Clark + Park
Housing Opportunity Area 4: Clark + Artesia
Housing Opportunity Area 8: Bellflower + Ramona
Housing Opportunity Area 9: Bellflower + Artesia
Housing Opportunity Area 10: Lakewood + Artesia
Housing Opportunity Area 12: Woodruff + Flora Vista
This sub -task includes a review of Housing Element Programs to ensure compliance. PGN will ask City staff to identify all planning initiatives for review that are relevant to the project area.
Task 1.2 —Project Kick -Off: PGN will meet with City planning staff at the beginning of the project to thoroughly review the scope of work and to establish working relationships, protocols, lines of communication, project meeting schedules, and goals and objectives of the re -designation effort. PGN asks City staff to share their thoughts regarding challenges and opportunities in the Housing Opportunity Areas for the new zoning overlays. City staff to present direction on conceptual development scenarios, possible uses and density, designs characteristics, and possible zoning alternatives.
Task 1.3 —Current Land Use and Development Patterns: PGN will conduct a walking tour to examine existing land uses, property characteristics, street design, parking, and development to gain a contextual understanding of residential and mixed-use opportunities to fulfill Housing Element goals for the eight HOAs.
Task 1.4 —Senate Bill 18 Tribal Consultation Compliance:
Senate Bill (SB) 18 requires local governments to consult with Native American tribes prior to making certain planning decisions and to provide notice to tribes at certain key points in the planning process. These consultation and notice requirements apply to adoption and amendment of both general plans (defined in Government Code §65300 et seq.) and specific plans (defined in Government Code §65450 et seq.). As this project involves an amendment of the General Plan, it will be subject to S1318. PGN will request from the Native American Heritage Commission (NAHC) the listing under SB 18 and will prepare the consultation letters for the City in order to initiate the process under SB18. The letters will be provided to the City for certified mailing in compliance with State law. PGN will participate in all :;consultation 11 Page
PGN-Bellflower-
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meetings requested by affected tribes. PGN will prepare 45 -day action letters to all affected tribes. PGNwill prepare 10 -day hearing notice letters to the affected tribes.
All time spent by PGNwill be billed against the budget for this part. This task is to be billed on an hourly basis at an hourly rate of $150.00, as authorized by the City. A not -to -exceed budget has been established based on an estimate of 40 hours. Should it be determined that additional time is required beyond the initial estimate, a change order will be submitted to the City for approval.
PART 2: PREPARE ZONING OVERLAYS
Task 2.1 -Prepare Draft Zoning Change Overlay Amendments:
PGN will work closely with City planning staff in preparing a regulatory framework that meets the planning and development goals of the eight Housing Element's Housing Opportunity Areas.
In preparing the zoning amendments, PGN will work closely with City staff in considering the advantages and disadvantages of various zoning techniques and applications. Each of the eight HOAs will have its own Zone Change (ZC) Overlay Ordinance with the underlying zoning remaining the same. "Objective" development standards will be included with each of the ZC Overlays to facilitate and encourage future residential development within the HOAs.
Two sets of objective development standards will be created based on maximum residential density categories for those HOAs that will allow 30 du/acre and those HOAs that will allow 40 Ju/acre, The ZC Overlays standards will be crafted to facilitate and encourage more residential development within the HOAs, rather than regulating actual design of future residences (though design standards will be required). Elements of the new zoning overlay may include the following:
Building Form Standards: Standards for building forms and lot development in the project area.
Some key characteristics of these standards that will be integrated into the new zoning overlay are the following.
• Provisions for desired density, mix and vertical definition of uses; • Provisions for outdoor spaces/activities in private areas; • Appropriate building design standards for size, scale, massing, rhythm, articulation, orientation, and fenestration;
• Site standards that provide specificity in terms of building types, placement, frontage zones for commercial use at ground level, allowed encroachments (i.e. porches, terraces, balconies, etc.), vehicle access and parking placement; and • Provisions to ensure compatibility from building to building:
Dimensional Standards: Standards ensuring that development and density of building sites are consistent with Bellflower's vision for the project area and compatible with the favorable development characteristic of Bellflower. Key elements include:
• Minimum/maximum lot size, depth and frontage, and coverage (to establish appropriate density and pedestrian/auto orientation by transect);
2�Page
PGN Bellflower
• Builcl4o-zones and frontage occupation requirements (to establish walkable environment and strong relationship between buildings and the street); • Open space provisions;
• Ground floor limitations and vertical mix of use requirements on certain street frontages; and
• Building heights and step -backs from the street for tall buildings.
Use Standards: Amendments to the current Table of Uses to facilitate desired residential -mixed uses into the project area. PGN will consider whether additional uses should be allowed by Special Permit or "by right" with specific performance standards that address the potential impacts on adjacent uses (horizontally or vertically) that could be incompatible without specific regulations. PGN will review zoning and development standards from the Bellflower Municipal Code (BMC) that may apply to specific HOAs and incorporate into the ZC Overlays as appropriate. As part of this review, PGN will "clean up and refresh", and improve on any existing zoning standards. For example, the BMC currently refers to numerical formulas to determine setbacks, which are complicated and would be replaced with a specific setback distance.
Parking and Access Standards: Context -based amendments to existing parking standards allowing for residential and mixed use in the Bellflower Housing Opportunity Areas anticipating the possible future availability of public parking, bus transit, and the pedestrian orientation of the district.
Task 2.2 —Present Preliminary Zoning and Design Standards: PGN will meet with City review the preliminary Zoning and Design Standards for the project area and will comments and suggestions.
staff to
receive
Task 2.3 —Revise Preliminary Zoning and Design Standards: PGN will revise the preliminary Zoning and Design Standards based on input received by City stafF.
Task 2.4 —Prepare Graphics: PGN will coordinate with City staff on graphics/exhibits for the each HOA to help to graphically describe and explain the development standards that may be confusing to the public.
All time spent by PGNwill be billed against the budget for this part. This task is to be billed on an hourly basis at an hourly rate of $150.00, as authorized by the City. Anot-to-exceed budget has been established based on an estimate of 120 hours. Should it be determined that additional time is required beyond the initial estimate, a change order will be submitted to the City for approval.
PART 3: PREPARE GENERAL PLAN AMENDMENT
Task 3.1 —Prepare General Plan Amendment: PGN will facilitate the. processing of an amendment to the General Plan to modify existing land use designations to Mixed Use to allow for future residential development proposals in the eight affected Housing Opportunity Areas.
All time spent by PGN will be billed against the budget for this part. This task is to be billed on an hourly basis at an hourly rate of $150.00, as authorized by the City. Anot-to-exceed budget 3�Page
PGN-Beflilower
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has been estabi'
additional time is
City for approval.
;hed based on an estimate or. 40 hours. Should It be determined that required beyond the initial estimate, a change order will be submitted to the PART 4: PREPARE RESOLUTIONS, ORDINANCES AND STAFF REPORTS Task 4.1 —Prepare Resolutions and Ordinances
PGN will prepare the necessary resolutions and ordinances to implement the General Plan Amendment and Zoning Overlays in the Bellflower Municipal Code. The organization and contents of the resolutions and ordinances are yet to be determined, but the following topics should be addressed: zoning overlays; permitted uses; building design standards; parking and loading; landscaping and buffering; signage; administrative provisions. The new resolutions and ordinances should be clearly worded and organized to encourage the document's accessibility to a wide range of audiences. The resolutions and ordinances will first be presented to City Staff, who will review and provide comments prior to the document's distribution to the City Attorney.
Task 4.2 —Staff Reports and Noticing
PGN will prepare all Planning Commission and City Council staff reports, memorandums, public notices and agendas.
All time spent by PGN will be billed against the budget for this part. This task is to be billed on an hourly basis at an hourly rate of $150.00, as authorized by the City. A not -to -exceed budget has been established based on an estimate of 60 hours. Should it be determined that additional time is required beyond the initial estimate, a change order will be submitted to the City for approval.
PART 5: MEETINGS AND COORDINATION
Task 5.1 —Meetings
PGN will attend meetings with City staff, any necessary study sessions, public hearings with Planning Commission and City Council.
Task 5.2 —Coordination
PGN will coordinate and attend akick-off meeting between the project team (City staff and others, as applicable). PGN will coordinate periodic phone calls with project team to ensure the project remains on -task and budget. PGN will prepare follow-up meeting notes reflecting the completion status of each task and any actionable items in accordance with the project.
All time spent by PGN will be billed against the budget for this part. This task is to be billed on an hourly basis at an hourly rate of $150.00, as authorized by the City. Anot-to-exceed budget has been established based on an estimate of 120 hours. Should it be determined that additional time is required beyond the initial estimate, a change order will be submitted to the City for approval.
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PGN-Bellflower
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BELLFLOWER HOUSING ELEMENT IMPLEMENTATION PROJECT
The budget is proposed to be based on a time and materials basis at the following hourly rates:
Hourly Rates
Planning, Engineering and Surveying -Office Services
$ 65 - $90 -Word Processors and Project Assistants/Administrators $ 75 - $120 -Designer, Assistant Engineers and Assistant Planners $100 - $160 - Planners, Engineers and Surveyors
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TASKS
BUDGET
PART 1: PROJECT ADMINISTRATION
1A — Project Area Review of Relevant Plans and Studies
1.2 — Project Kick -Off
$6,000
1.3 — Current Land Use and Development Patterns
1.4 — Senate Bill 18 Tribal Consultation Compliance
PART 2 : PREPARE ZONING OVERLAYS -
2A - Prepare Draft Zoning Change Overlay Amendments
2.2 — Present Preliminary Zoning and Design Standards
$18,000
2.3 — Revise Preliminary Zoning and Design Standards
-
2A — Prepare Graphics
PART 3: PREPARE GENERAL PLAN AMENDMENT
$6,000
3.1 — Prepare General Plan Amendment
PART 4: PREPARE RESOLUTIONS, ORDINANCES AND STAFF
4.1 — Prepare Resolutions and Ordinances
$9,000
4.2 — Staff Reports and Noticing
PART 5: MEETINGS AND COORDINATION
5.1 — Meetings
$18,000
5.2 — Coordination
Reimbursable Expenses
$5,000
15% Contingency
$9,300
PROJECT BUDGET ESTIMATE
$71,300.00
The budget is proposed to be based on a time and materials basis at the following hourly rates:
Hourly Rates
Planning, Engineering and Surveying -Office Services
$ 65 - $90 -Word Processors and Project Assistants/Administrators $ 75 - $120 -Designer, Assistant Engineers and Assistant Planners $100 - $160 - Planners, Engineers and Surveyors
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$100 - $175 - Survey/GIS Project Management
$100 - $205 - Project Management, Directors
$150 - $225 o Planning and Entitlements, Principals
Overtime will be charged at 150 percent of the standard hourly rates. Sundays and holidays will be charged at 200 percent of the standard hourly rates. Overtime, Sundays and holidays will only be charged only if deemed necessary and with prior approval from the City.
Reimbursable Expenses
Costs, other than time charges, are based on usage. The cost of blueprinting, graphic arts, messenger service, transportation, and other specific job-related costs are charged as "reimbursable expenses".
Mileage at current IRS allowable rate and parking expenses incurred by office employees are charged at cost.
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