PROFESSIONAL SERVICES AGREEMENT
By and Between the
CITY OF ANAHEIM
and
KIIMLEY-HORN AND ASSOCIATES, INC.
TABLE OF CONTENTS
Page
Section 1. Status of Parties......................................................................................................!
1. 1 City.......................................................................................................................... 2
1. 2 Consultant..............................................................................................................^ Section 2. Services of Consultant. ..........................................................................................2
2. 1 Scope of Services...................................................................................................^
2.2 The Contract Documents and Order of Precedence................................................ 2
2.3 Time for Performance............................................................................................. 3
2.4 Compliance with Law............................................................................................. 3
2. 5 Licenses, Pennits, Fees and Assessments............................................................... 3
2. 6 Nondiscrimination................................................................................................... 3
2. 7 Familiarity with Work............................................................................................. 3 Sections. Term.......................................................................................................................3 Section 4. Compensation........................................................................................................^
4. 1 Amount of Compensation......................................................................................^
4.2 Reimbursables..................................................................... -................................. 4
4. 3 Billing and Payment Procedures............................................................................. 4 Section 5. Coordination of Services. ......................................................................................4
5. 1 Representative of City................................................................................... ......... 4
5. 2 Representative of Consultant........................................................................ ......... 4
5. 3 Prohibition Against Subcontracting and Assignments ........................................... 4
5.4 Independent Contractor........................................................................................... 5 Section 6. Insurance and Indemnification.............................................................................5
6. 1 Insurance................................................................................................................. 5 Section 7. Indemnification......................................................................................................? Section 8. Enforcement of Agreement..................................................................................8
8. 1 Events of Default.................................................................................................... 8
8.2 Immediate Termination for Consultant's Default........ .......................................... 8
8.3 Termination Without Cause......................................... .......................................... 8
8.4 Suspension For Non-Payment................................................................................. 8 Section 9. Use and Ownership of Documents and Data.......................................................8
9. 1 Data to be Furnished by City.................................................................................. 8
9. 2 Ownership of Documents ....................................................................................... 9 Section 10. Miscellaneous Provisions......................................................................................^
10. 1 Waiver................................................................................................. -.................^
10.2 Notices...................................................................................................................^
10. 3 Relationship of Parties............................................................................................ 9
10.4 No Third Party Rights.......................................................................................... 10
10. 5 Non-Liability of Members, Officials and Employees of the City ........................ 10
10. 6 Controlling Law
10.7 Time of the Essence
10. 8 Remedies Cumulative
10. 9 Effect of Invalidity............................................................................................... lu
10. 10 Successors and Assigns......................................................................................... 10
10. 11 Entire Agreement........................................ ................................................. ....... 11
10. 12 Authority..................................................... ......................................................... 11
10. 13 Conflicts oflnterest..................................... ......................................................... 11
10. 14 Time for Acceptance of Agreement by City......................................................... 11
10. 15 Effective Date ....................................................................................................... 11
EXHIBITS
Exhibit A Scope of Services
11 PROFESSIONAL SERVICES AGREEMENT
This PROFESSIONAL SERVICES AGREEMENT (this "Agreement"), dated for purposes of identification only as of , 2025 (the "Date of Agreement"), is made and entered into by and between
CITY OF ANAHEIM, a municipal corporation and charter city (the "City"), A
N
D
KIMLEY-HORN AND ASSOCIATES, INC., a North Carolina corporation (the "Consultant").
RECITALS
A. The City previously issued a Request for Proposals (the "RFP") seeking proposals from qualified firms to prepare an update of the General Plan Housing Element, including amendments to related General Plan elements for consistency purposes, amendments to the City's Zoning Code and Zoning Map, preparation of a Program Environmental Impact Report, and development and execution of an Anaheim Pro-Housing Policy and Implementation Plan to realize Housing Element goals and policies to accelerate housing production and streamlined preparation of Housing Element Annual Progress Reports (the "Services"). A copy of the RFP is on file in the Department of Planning and Building of the City of Anaheim and is incorporated herein by this reference.
B. In response to the RFP, Consultant has submitted that certain "Proposal for General Plan Housing Element Update and Related Activities to Accelerate the Production of Housing" dated October 30, 2020 (the "Proposal") to respond to the City's need, which Proposal is on file in the Department of Planning and Building Director and is incorporated herein by this reference.
C. The City and Consultant entered into that certain Professional Services Agreement dated as of December 15, 2020, which is incorporated herein by this reference (the "Original Agreement").
D. The City and Consultant entered into that certain First Amendment dated as of Febmary 24, 2022, which is incorporated herein by this reference (the "First Amendment"), whereby the City and Consultant agreed to amend, modify and supplement certain portions of the Original Agreement. In particular, the Maximum Annual Compensation was decreased.
Collectively the Original Agreement and First Amendment shall be referred to as the "Original Agreement".
E. The City was awarded grant funds from the California Department of Housing and Community Development (HCD) under the SB 2 and Local Early Action Planning (LEAP) Grants Program to reimburse the City for the cost of the Services.
F. The Original Agreement identified the Term as terminating on September 3 0, 2023, corresponding with the grant award.
G. The City and Consultant intended to enter into a Second Amendment to extend the Term to September 30, 2024, corresponding with time extensions associated with the LEAP Grant Program authorized by HCD. Although approved as to form by the City Attorney's office and signed by the Consultant, the Second Amendment was never fully executed.
H. The City and Consultant desired to enter into a Third Amendment to further extend the Term, corresponding with additional time extensions granted by HCD to complete the Services.
I. While completing the Third Amendment, it was discovered that he Original Agreement expired because the Second Amendment was not in effect although the Consultant had provided and the City received Services in good faith reliance upon the Second Amendment.
J. The City and Consultant would like to ratify the Original Agreement and enter into an agreement on substantially the same terms as the Original Agreement and pursuant to which Consultant has and will provide the Services, with an Effective Date of October 1, 2023 and a Term Expiration Date of June 30, 2025.
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL
PROMISES, COVENANTS AND CONDITIONS CONTAINED HEREIN, THE CITY AND
THE CONSULTANT AGREE AS FOLLOWS
Section 1. Status of Parties.
1.1 City. The Consultant acknowledges that City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter offhe City ofAnaheim; and
1.2 Consultant. Consultant represents that Consultant is a North Carolina corporation, fanned and in good standing under all applicable laws.
Section 2. Services of Consultant.
2.1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, Consultant shall provide the Services, as more fully set forth in the "Scope of Services", which is attached hereto as Exhibit A and incorporated herein by this reference (the "Services"). Consultant represents and warrants that all Services to be provided hereunder shall be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such Services.
2.2 The Contract Documents and Order of Precedence. The contract documents consist of this document, the RFP and the Proposal. The RFP and the Proposal are deemed to be a part of this Agreement by reference. In the event of any inconsistencies, discrepancies or conflicts among or between any of the contract documents which make up this Agreement, the following shall control:
(a) Any duly executed amendment to this Agreement, with execution date to control as between conflicting amendments such that the more recent amendment shall govern all those prior;
(b) This Agreement (including the Exhibits);
(c) The RFP; and, then,
(d) The Proposal.
2.3 Time for Performance. Time is of the essence in the performance of this Agreement. Consultant shall perform and complete all Services in a timely and expeditious manner. Consultant shall perform such Services in accordance with the schedule contained in the Proposal or otherwise in accordance with such schedule as the Consultant and the City may mutually agree to from time to time.
2.4 Compliance with Law. All Services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of Anaheim and any Federal, State or local governmental agency of competent jurisdiction.
2. 5 Licenses, Permits, Fees and Assessments. Consultant shall obtain, at Consultant's sole cost and expense, such licenses, permits and approvals as may be required by law for the performance of the Services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and which arise from or are necessary for the perfonnance of the Services required by this Agreement.
2.6 Nondiscrimination. Consultant agrees not to discriminate against any person or class of persons by reason of sex, color, race, creed, religion, marital status, handicap, ancestry or national origin in its provision of Services.
2.7 Familiarity with Work. By executing this Agreement, Consultant represents and warrants that Consultant (i) has thoroughly investigated and considered the Services to be performed, (ii) has carefully considered how the Services should be provided, and (iii) fully understands the facilities, difficulties and restrictions attending the provision of the Services under this Agreement. Should the Consultant discover any latent or unknown conditions materially differing from those inherent in the provision of such Services or as represented by the City, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the City Section 3. Term.
This Agreement shall be for a term (the "Term") commencing on the Effective Date (as such term is hereinafter defined in Section 10. 15) and terminating on June 30, 2025, or upon completion of the Services, subject to earlier termination as provided in Section 6. 1. 5 and Section 8 hereof.
Section 4. Compensation.
4. 1 Amount of Compensation. It is understood by and agreed between the Parties to this Agreement that full and complete payment for all Services provided in accordance with this Agreement, including sub-consultant fees, and reimbursable expenses, shall not exceed ONE
MILLION ONE HUNDRED AND SEVENTY FIVE THOUSAND NINE HUNDRED EIGHTY DOLLARS AND N0/100 ($1, 175, 980. 00) without the prior written authorization of the City.
4.2 Reimbursables. City will reimburse Consultant and its sub-consultants for their usual and customary out-of-pocket expenses incurred in furtherance of the Scope of Services, as such expenses are described in Exhibit A. No compensation shall be allowed for administrative, overhead, insurance, word processing (normal or overflow secretarial time or overtime, or computer time or service) and related expenses.
4.3 Billing and Payment Procedures. As scheduled Services are completed each month. Consultant shall submit monthly itemized invoices for Services performed during the preceding month. Each invoice shall state the date the Services were provided and the number of hours spent providing the Services. If requested by the City, Consultant shall present additional documentation evidencing the provision of Services satisfactory to the City. The City agrees to approve or disapprove Consultant's invoice and/or additional documentation, as the case may be, within ten (10) days after the City's receipt of the invoice and/or additional documentation. The City agrees to pay the Consultant for Services satisfactorily performed and expenses properly incurred within thirty (30) days after the City's approval of a statement from the Consultant describing such Services and expenses.
Section 5. Coordination of Services.
5. 1 Representative of City. The Planning and Building Director, or such person's designee, (the "Director") shall represent the City in all matters pertaining to this Agreement.
Whenever a reference is made herein to an action or approval to be undertaken by the City, the Director is authorized to act, unless this Agreement specifically provides otherwise or the context should otherwise require.
5.2 Representative of Consultant. Heidi Rous is hereby designated as being the project manager and representative of Consultant authorized to act on Consultant's behalf with respect to the Services and work to be provided hereunder and make all decisions in connection therewith. Therefore, the foregoing project manager shall be responsible during the Tenn of this Agreement for directing all activities of Consultant and its sub-consultants and devoting sufficient time to personally supervise the provision of Services hereunder. The foregoing project manager may not be changed by Consultant and no other personnel may be assigned to supervise the Services to be provided hereunder without the express written consent of the City.
5.3 Prohibition Against Subcontracting and Assignments. Neither the whole nor any interest in, nor any of the rights or privileges granted under this Agreement shall be assignable or transferable or encumbered in any way without the prior written consent of City. Any such purported assignment, transfer, encumbrance, pledge, subuse, or permission given without such consent shall be void as to City. This is a personal services contract and the Consultant was chosen on the basis of characteristics unique to the Consultant, and the sub-consultants listed in its Proposal. City shall have the right to unreasonably or arbitrarily withhold its consent to any such assigimient, transfer, encumbrance, pledge, subuse, or permission.
5.4 Independent Contractor. Consultant and any agent or employee of Consultant shall act in an independent capacity and not as officers or employees of City. City assumes no liability for Consultant's actions and performance, nor assumes responsibility for taxes, bonds, payments, or other commitments, implied, or explicit, by or for Consultant. Consultant shall not have authority to act as an agent on behalf of City unless specifically authorized to do so in writing.
Consultant acknowledges that it is aware that because it is an independent contractor, City is making no deduction from any amount paid to Consultant and is not contributing to any fund on its behalf. Consultant disclaims the right to any fee or benefits except as expressly provided for in this Agreement.
As respects all acts or omissions of Consultant relating to Consultant's responsibility for taxes, bonds, payments, or other commitments, implied, or explicit, by or for Consultant, the Consultant agrees to indenmify, defend (at the City's option), and hold harmless the City, its officers, agents, employees, representatives, and volunteers from and against any and all claims, demands, defense costs, liability, or consequential damages of any kmd or nature arising out of or in connection with the Consultant's performance or failure to perfonn under this Section.
Section 6. Insurance and Indemnification.
6. 1 Insurance. Without limiting City's right to indemnification, it is agreed that Consultant shall secure, prior to commencing any activities under this Agreement, and maintain, during the term of this Agreement, insurance coverage as follows:
6. 1.1 Required Insurance Coverage. Consultant shall secure and maintain the following insurance coverage:
(a) Workers' Compensation Insurance as required by California law and Employers Liability Insurance in an amount not less than $1,000,000 and must include a Waiver of Subrogation.
(b) Commercial General Liability Insurance, including coverage for Premises and Operations, Contractual Liability, Personal Injury Liability, Products/Completed Operations Liability, and Independent Contractor's Liability (if applicable), in an amount not less than $2,000,000 per occurrence, $4,000,000 annual aggregate. Any deductible or self-insured retention in excess of $10, 000 must be disclosed to City, in writing, at the inception of this Agreement and is subject to the acceptance of the City's Risk Manager. (c) Commercial/Comprehensive Automobile Liability Coverage, as required by California law, including-as applicable-owned, non-owned, and hired autos, in an amount not less than $2,000, 000, combined single limit. (d) Professional Liability, inclusive of Cyber Liability, in an amount not less than $2, 000, 000, and Consultant shall maintain such coverage for at least one (1) year from termination of this Agreement. Any deductible or self-insured retention in excess of $10,000 must be disclosed to City, in writing, at the inception of this Agreement and is subject to the acceptance of the City's Risk Manager.
6. 1.2 Cancellation Notice. Consultant agrees that each insurance policy required by this Agreement shall not be voluntarily cancelled or otherwise limited in scope or coverage, until after thirty (30) days prior written notice has been given to the City Clerk, City ofAnaheim, 200 S. Anaheim Blvd., Anaheim, CA 92805, except in the event of cancellation for non-payment of premium which shall provide for not less than ten (10) days' notice.
6.1.3 Required Clauses in Policies. Each insurance policy required by this Agreement, excepting policies for Professional Liability and Workers' Compensation, shall contain the following clauses or shall otherwise provide for the following conditions:
"It is agreed that any insurance maintained by Consultant, pursuant to this Agreement, shall be primary to, and not contribute with, any insurance or self- insurance maintained by the City ofAnaheim." "The City of Anaheim, its officers, agents, employees,
representatives and City-designated volunteers are added as additional insureds as respects the acts, omissions, operations and activities of, or on behalf of, the named insured, in regard to products supplied to, or work or services performed for, or related to, the City ofAnaheim."
6.1.4 Required Certificates and Endorsements. Prior to commencing any work under this Agreement, Consultant shall deliver to City insurance certificates confirming the existence of the insurance required under this Agreement, and including the applicable clauses referenced above. Also, within thirty (30) days of the execution date of this Agreement, Consultant shall provide City: (i) endorsements to the insurance policies which add to these policies the applicable clauses referenced above; or (ii) in lieu of said endorsements, documentation acceptable to City evidencing that the coverage, terms, and conditions set forth in the above-referenced clauses are otherwise included in said insurance policies. Insurance required hereunder shall be placed with insurers: (i) admitted to write insurance in California; (ii) possessing an A. M. Best's rating of A VII or higher; or (iii) otherwise acceptable to City, with prior written permission from City. In the event that a claim or other legal action is filed against City, and if City, in its good faith opinion, believes it may have coverage under any of the insurance required herein, then City has the right to demand, and to receive within a reasonable time period, copies of the insurance policies related to such required insurance; provided, however, that this provision shall not apply if the Parties agree that Consultant shall fully defend, hold harmless, and indemnify City against any such claim or other legal action.
6.1.5 Remedies for Default Re: Insurance. . In addition to other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required. City may, at its sole option:
(a) Order Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof; or; (b) Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to other remedies City may have and is not the exclusive remedy for Consultant's failure to maintain insurance or secure appropriate endorsements.
In the event Consultant hires other persons or firms to perfomi some of the work related to this Agreement, Consultant shall ensure, and certify to City in writing that: (i) the acts or omissions of such persons or firms are covered under the above-referenced liability insurance; or (ii) such firms maintain insurance equal to or better than, and subject to the same limits, terms and conditions as, the insurance required of Consultant under this Agreement (except for firms which are not performing professional services-such firms shall not be required to carry the above- referenced professional liability insurance); and in either instance, Consultant shall provide, or cause to be provided, evidence of such insurance coverage, reasonably acceptable to City.
City's Risk Manager is hereby authorized to amend or reduce the requirements set forth herein in the event such reduction is in City's best interest.
Section 7. Indemnification. As respects acts, errors or omissions in the performance of professional services, Consultant agrees to indenmify and hold harmless City, its officials, officers, and employees from and against any and all claims, losses, damages, defense costs, or liability, of any kind or nature, to the extent arising directly out of Consultant's (or Consultant's contractors' or subcontractors', if any) negligent acts, errors or omissions in the performance of professional services under this Agreement, except those matters arising out of the sole negligence or willful misconduct of the City.
As respects all acts, en-ors or omissions which do not arise directly out of the perfomiance of professional services, including but not limited to those acts, errors or omissions typically covered by ISO-based general and automobile liability insurance coverage, Consultant agrees to indemnify, defend (at City 's option), and hold han-nless City, its officials, officers, employees, agents, and representatives from and against any and all claims, losses, damages, defense costs, or liability, of any kind or nature (collectively referred to hereinafter as "Claims"), arising out of or in connection with Consultant's (or Contractor's contractors' or subcontractors', if any) acts, errors, omissions, or work, relative to this Agreement; except for those Claims which arise out of the sole negligence or willful misconduct of City.
The obligations set forth in this indemnification provision (i) shall be in effect without regard to whether or not City, Consultant, or any other person maintains, or fails to maintain, insurance coverage, or a self-insurance program, for any such Claims; and (ii) shall survive the termination of this Agreement.
City's Risk Manager is hereby authorized to amend the requirements set forth herein in the event that such amendment is in City's best interest.
Section 8. Enforcement of Agreement
8. 1 Events of Default. For purposes of this Section 8, the word "Default" shall mean the failure of Consultant to perform any of Consultant's duties or obligations or the breach by Consultant of any of the terms and conditions set forth in this Agreement. In addition, Consultant shall be deemed to be in Default upon Consultant's (i) application for, consent to, or suffering of, the appointment of a receiver, tmstee or liquidator for all or a substantial portion of its assets, (ii) making a general assignment for the benefit of creditors, (iii) being adjudged bankmpt, (iv) filing a voluntary petition or suffering an involuntary petition under any bankruptcy, arrangement, reorganization or insolvency law (unless in the case of an involuntary petition, the same is dismissed within thirty (30) days of such filing) or (v) suffering or permitting to continue unstayed and in effect for fifteen (15) consecutive days any attachment, levy, execution or seizure of all or a substantial portion of Consultant's assets or of Consultant's interests hereunder.
City shall not be deemed to be in Default in the performance of any obligation required to be performed by City hereunder unless and until City has failed to perform such obligation for a period of thirty (30) days after receipt of written notice from Consultant specifying in reasonable detail the nature and extent of any such failure; provided, however, that if the nahire of City's obligation is such that more than thirty (30) days are required for its performance, then City shall not be deemed to be in Default if City shall commence to cure such performance within such thirty (30) day period and thereafter diligently prosecute the same to completion.
8.2 Immediate Termination for Consultant's Default. In the event of any Default by Consultant, City may immediately terminate this Agreement. Such termination shall be effective immediately upon receipt by Consultant of written notice from City. In such event, Consultant shall have no further rights hereunder; City shall have all other rights and remedies as provided by law.
8.3 Termination Without Cause. Either City or Consultant may tenninate this Agreement at any time without the necessity of cause or Default by the other Party by giving fifteen (15) days' notice in writing to the other Party. In such event, the Parties shall have no further rights hereunder, except that Consultant shall be paid for all Services rendered prior to such termination.
8.4 Suspension For Non-Payment. If City fails to make payment when due the Consultant for services and expenses, the Consultant may, upon seven days' written notice to the City, suspend performance of services under this Agreement. Unless payment in full is received by the Consultant within seven days' of the date of the notice, the suspension shall take effect without further notice. In the event of suspension of services, the Consultant shall have no liability to the City for delay or damage caused the City because of such suspension of services.
Section 9. Use and Ownership of Documents and Data.
9. 1 Data to be Furnished by City. City shall furnish to Consultant such documents and materials as may be relevant and pertinent to the provision of Services hereunder as City may possess or acquire.
9.2 Ownership of Documents. All documents and materials furnished by the City to Consultant pursuant to Section 9. 1 hereof shall remain the property of the City and shall be returned to the City upon tennination of this Agreement. All documents and materials prepared by Consultant hereunder (the "Documents") shall become the property of the City at the time of payment to Consultant of all fees and expenses for their preparation, and shall be delivered to the City by Consultant at the request of the City. Consultant may retain one copy of all Documents solely for its own records and protection. The Documents prepared by Consultant hereunder shall not be used by the City or others, except for the purpose for which they were intended, without the prior written authorization of the Consultant. The City agrees not to associate Consultant's name with any documents or materials not prepared by Consultant.
Section 10. Miscellaneous Provisions.
10.1 Waiver, Inaction by City or Consultant with respect to a Default hereunder shall not be deemed to be a waiver of such Default. The waiver by either City or Consultant of any Default hereunder shall not be deemed to be a waiver of any subsequent Default.
10.2 Notices. All notices, demands or other writings to be made, given or sent hereunder, or which may be so given or made or sent by either City or Consultant to the other shall be deemed to have been given when in writing and personally delivered or if mailed on the third (3rd) day after being deposited in the United States mail, certified or registered, postage prepaid, and addressed to the respective Parties at the following addresses:
If to City:
With a copy to:
To Consultant:
Planning and Building Director
City ofAnaheim
200 S. Anaheim Boulevard, 1st Floor
Anaheim, California 92805
FAX No. (714) 765-5280
City Attorney
CityofAnaheim
200 S. Anaheim Boulevard, 3rd Floor
Anaheim, California 92805
FAX No. (714) 765-5123
KIMLEY-HORN AND ASSOCIATES, INC.
765 The City Drive, Suite 200
Orange, CA 92868
Telephone No. : (714) 705-1317
Attention: Heidi Rous, Associate/Project Manager
10.3 Relationship of Parties. Nothing contained herein shall be deemed or constmed by the Parties, nor by any third party, as creating the relationship of principal and agent or of partnership or of joint venture between the Parties, it being understood and agreed that Consultant is and will be at all times an independent contractor pursuant to this Agreement and shall not, in any way, be considered to be an officer, agent or employee of the City.
10.4 No Third Party Rights. The Parties intend that no rights nor remedies be granted to any third party as a beneficiary of this Agreement or of any covenant, duty, obligation or undertaking established herein.
10.5 Non-Liability of Members, Officials and Employees of the City. No member, official or employee of the City shall be personally liable to Consultant, or any successor in interest, in the event of any Default or breach by the City or for any amount which may become due to Consultant or Consultant's successors, or on any obligation under the terms of this Agreement. Consultant hereby waives and releases any claim Consultant may have against the members, officials or employees of the City with respect to any Default or breach by City or for any amount which may become due to Consultant or Consultant's successors, or any obligations under the terms of this Agreement. Consultant makes such release with the full knowledge of Civil Code Section 1542 and hereby waives any and all rights thereunder to the extent of this release, if such Section 1542 is applicable. Section 1542 of the Civil Code provides as follows:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO
EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTD^G
THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST
HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT
WITH THE DEBTOR."
10.6 Controlling Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California.
10.7 Time of the Essence. Time is hereby expressly declared to be the essence of this Agreement and of each and every term, covenant and condition hereof which relates to a date or a period of time.
10.8 Remedies Cumulative. The remedies given to City and Consultant herein shall be cumulative and are given without impairing any other rights given City or Consultant by statute or law now existing or hereafter enacted and the exercise on any one (1) remedy by City or Consultant shall not exclude the exercise of any other remedy.
10.9 Effect of Invalidity. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of its terms and provisions to persons and circumstances other than those to which it has been held invalid or unenforceable shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
10. 10 Successors and Assigns. This Agreement and the covenants and conditions contained herein shall be binding upon and inure to the benefit of and shall apply to the successors and assigns of City and to the permitted successors and assigns of Consultant, and all references to "City" or "Consultant" shall be deemed to refer to and include all permitted successors and assigns of such Party.
10 10. 11 Entire Agreement. This Agreement and the exhibits hereto contain the entire agreement of the City and the Consultant with respect to the matters covered hereby, and no agreement, statement or promise made by either City or Consultant which is not contained herein, shall be valid or binding. No prior agreement, understanding or representation pertaining to any such matter shall be effective for any purpose. No provision of this Agreement may be amended, modified or added except by an agreement in writing signed by City and Consultant.
10. 12 Authority. Each individual executing this Agreement on behalf of a corporation, nonprofit corporation, partnership or other entity or organization, represents and warrants the he or she is duly authorized to execute and deliver this Agreement on behalf of such entity or organization and that this Agreement is binding upon the same in accordance with its terms.
Consultant shall, at City's request, deliver a certified copy of it governing board's resolution or certificate authorizing or evidencing such execution.
10. 13 ConHicts of Interest. Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which: (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work perfonned under this Agreement; and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by Anaheim. Consultant shall indemnify and hold harmless Anaheim for any and all claims for damages resulting from Consultant's violation of this Section.
10.14 Time for Acceptance of Agreement by City. This Agreement, when executed by Consultant and delivered to City, must be authorized, executed and delivered by the City on or before forty-five (45) days after the execution and delivery by Consultant or this Agreement shall be void, except to the extent that Consultant and City shall consent in writing to a further extension of time for the authorization, execution and delivery of this Agreement.
10.15 Effective Date. This Agreement shall be effective on October 1, 2023.
SIGNATURES BEGIN ON NEXT PAGE
11 IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS
AGREEMENT ON THE RESPECTIVE DATES SET FORTH BELOW.
"CITY"
CITY OF ANAHEIM,
a municipal corporation and charter city
Dated: By:
Heather Alien,
Acting Director of the Planning and
Building Department
ATTEST:
THERESA BASS, CITY CLERK
By:
APPROVED AS TO FORM:
CITY ATTORNEY
By:
Leonie H. Mulvihill^
Assistant City Attorn!
Dated:
154261
"CONSULTANT"
KIMLEY-HORN AND ASSOCIATES,
INC., a North Carolina corporation
By:
Shahrzad Ranta
Vice President
12 EXHIBIT "A"
SCOPE OF SERVICES
(Beh ind this sheet)
PROP O SAL FOR
General Plan Housing Element Update
WORK PLAN
/""Jn • ,... - • I Cl!:1 A f3nNlf't'I .,.,.,.
The Kimley-Horn/PlaceWorks team will commence the update the Housing Element Update by determining the specific updates necessary to comply with statutory requirements and local and regional policies and programs. This will include necessary amendments to achieve a certified Housing Element and additional policy and program amendments to support the Housing Element Update. The following tasks will comprise this effort:
0 TASK 1 PROJECT ADMINISTRATION/COORDINATION
TASK 1.1 PROJECT KICK-OFF MEETING WITH STAFF AND PROJECT TEAM Kimley-Horn/PlaceWorks will participate in a kick-off meeting with City staff to discuss the update process, answer questions , provide data, and exchange other important procedural aspects of the Housing Element Update. The kick-off Meeting with staff will include a virtual community tour to identify housing issues specific to various locations in the City. The kick-off meeting will address the following:
• Nature and Extent of Scope of Work ,
Process, and Deliverables
• Review/Modify Scope of
Work and Schedule
Task 1. 1 Deliverables
• Kick-off Meeting Agenda
TASK 1.2 PROJECT SCHEDULE
• Define Outreach Methodologies
• Data Sharing/Exchanging
• Meetings and Public Engagement process
• Kick-off Meeting Minutes
Kimley-Horn will develop and keep current a project deliverables schedule outlining major milestones , meetings, work products, community outreach events, subcommittee meetings, and public hearings .
The project team will review HCDs proposed timeline for the SCAG region to aid in keeping Anaheim on schedule throughout the Housing Element Update process. The project deliverables schedule will include all applicable tasks within the scope of work and accommodate anticipated City and agency review times.
Task 1.2 Deliverabl e
• Project Schedule (updated as needed)
TASK 1.3 PROJECT COORDINATION
Kimley-Horn will meet regularly with the project team to coordinate project deliverables, data , and public meetings. It is assumed bi-monthly meetings will occur throughout the duration of the project and face-to-face meetings when circumstances warrant. Additionally , Kimley-Horn will provide the City with monthly project status reports as part of the invoicing process .
Task 1.3 Deliverables
• Monthly invoicing with project status reports
• Bi-weekly update emails for internal Kimley-Horn is suggesting an approach to public participation that provides for meaningful input and involvement. Visually engaging , interactive , and collaborative community and stakeholder workshops will have productive results for the City. Kimley-Horn will conduct two community engagement workshops throughout the update process : one prior to initiating work on the updated Elements and one to solicit additional comment.
17 Kimley>>>Horn City of Anaheim LPPL 77021.2020
PROPOSAL FOR
General Plan Housing Element Update
0 TASK 2 COMMUNITY OUTREACH
TASK 2.1 COMMUNITY OUTREACH PLAN
To be compliant with state housing law, Kimley-Horn recommends a combination of workshops , webinars , and other virtual engagement opportunities to help with accessibility by the general public.
Using a variety of tools , such as presentations , handouts , visual aids, social media, and other materials , Kimley-Horn will help participants understand the update process , identify/explore current issues for resolution (as identified during the current Housing Element Evaluation) , and potential solutions.
In our current COVID-19 environment, Kimley-Horn recognizes the uncertainty of and challenges to participation and recommends a flexible approach to community engagement. Kimley-Horn therefore suggests an option to offer an online community survey. Developed by Kimley-Horn, in coordination with City staff, the online survey would provide educational information, as well as gather supplemental input and feedback at the community's convenience.
Prior to formulating the Community Outreach Plan, a coordination meeting will discuss approaches , key challenges, and various methods for effectively engaging City residents and decision-makers in the planning process. Based upon this internal discussion , the Kimley-Horn team will formulate a Community Outreach Program that addresses the outreach strategies , dates, locations, participants and other relevant data.
City staff will be responsible for the scheduling of venues as appropriate , staff coordination, and provide public noticing, facilities, set-up , and general meeting facilitation for all community engagement activities.
Due to social distancing requirements imposed by COVID-19 , the Kimley-Horn team suggests a general outreach contingency be reserved to accommodate any unique circumstances that may arise during the planning process (youth engagement, contests , etc.) The Kimley-Horn team will also incorporate work conducted under a separate agreement by UCI and City Futures Institute to measure the impact of affordable housing . It is assumed the findings of this study will be incorporated into the outreach and baseline analysis of the Housing Element Update.
Task 2. 1 Deliverable
• Draft Community Outreach Plan in electronic format
TASK 2.2 HOUSING ELEMENT UPDATE COMMITTEE
Kimley-Horn will collaborate with the City to form an Ad hoc Housing Element Update Committee (HEUC). The HEUC will meet monthly for the duration of the planning process . Kimley-Horn will provide monthly Agendas , support for Agenda item discussion, and direct activities of the community in collaboration with the assigned Chairperson of the committee . It is assumed the HEUC will comply with Brown Act provisions . It is assumed the City will provide assistance in meeting minutes, posting, and noticing pursuant to city policies.
Task 2.2 Deliverables
• Monthly Meetings with HEUC (up to 12 total)
• Monthly Meeting Agendas
City of Anaheim LPPL77021 .2020 Kimley>>>Horn 1s
PROPOSAL FOR
General Plan Housing Element Update
TASK 2.3 COMMUNITY WORKSHOP #1 - INTRODUCTION AND POLICY CONSIDERATIONS Kimley-Horn will facilitate an initial virtual community workshop with the public and stakeholders to discuss the Housing Element update process. Kimley-Horn will prepare and deliver a PowerPoint presentation , informational handouts, visual aids, and other materials .
The meeting will introduce participants to the RHNA process , Housing Element requirements, legislative requirements and engage in the identification of policy considerations. Participants will identify challenges , issues, and opportunities for the Housing Element. In collaboration with City staff, Kimley-Horn will identify key stakeholders to invite to the workshop.
Task 2.3 Deliverable
• Electronic copies (in PDF format) of draft presentation, handouts, etc.
TASK 2.4 COMMUNITY WORKSHOP #2
Kimley-Horn will facilitate a second community workshop with the public and stakeholders to discuss the Public Review Draft Elements. Workshop #2 will build upon the information learned from Workshop #1 and provide draft analysis, policies , and programs for review and discussion. Kimley-Horn will prepare and deliver a PowerPoint presentation , informational handouts, visual aids, and other materials . In collaboration with City staff, Kimley-Horn will identify key stakeholders.
Task 2.4 Deliverable
• Electronic copies (in PDF format) of draft presentation, handouts , etc.
TASK 2.5 ONLINE COMMUNITY SURVEY TOOL
Kimley-Horn will provide a web-based outreach tool to further engage with the Anaheim community.
The survey tool will be web-based and includes analytics to evaluate community input on locations for potential housing, housing goals, policies , and programs. The community survey provides an alternative method for gathering public participation that allows residents and stakeholders the flexibility of participating at a time that works for their schedule. The tool also provides tangible data that can be incorporated into the Housing Element to quantify the City's outreach efforts to HCD.
Task 2.5 Deliverables
• Set up, launch , and analysis of outreach survey tool TASK 2.6 PLANNING COMMISSION STUDY SESSION
Kimley-Horn will attend and facilitate one study session with the Planning Commission. As part of the work plan refinement process , Kimley-Horn can discuss with City staff the most effective approach for this meeting , including opportunities to assist with the involvement of key stakeholder groups, non profits , and other members of the community.
Task 2.6 Deliverable
• Electronic copies (in PDF format) of draft presentation , handouts, etc.
TASK 2.7 CITY COUNCIL STUDY SESSION
Kimley-Horn will attend and present at one City Council Study Session. Council will not take any formal action at the meeting . The Study Session will be used for interim discussion prior to formal Public Hearings at a later date.
The Study Session will be educational as well as provide an opportunity for feedback . The meeting will be used to present information on new housing-related state law, elements of the 6th Cycle Housing 19 Kimley >>> Horn City of Anaheim LPPL77021 .2020
PROPOSAL FOR
General Plan Housing Element Update
Element Update process , and other project-related information determined to be important by City Staff.
The Study Session will also be an opportunity to discuss components on the Draft Housing Element analysis. This may include the Community Profile, Needs Assessment, Adequate Sites Analysis, community outreach efforts, or other housing element-related topics.
Task 2. 7 Deliverable
• Electronic copies (in PDF format) of draft presentation, handouts, etc. at least two weeks prior to the meeting. Kimley- Horn will revise materials as directed by City staff.
TASK 2.8 PROJECT "FACT SHEETS "
Kimley-Horn will prepare up to three "Fact Sheets" during the planning process to provide project updates . These fact sheets can be distributed to the public and decision makers at regular intervals during the planning process.
Task 2.8 Deliverable
• Electronic copies (in PDF format) of up to three fact sheets] TASK 2.9 PROJECT WEBSITE
Kimley-Horn will work with the City to develop a project website, housed on the City's servers to provide an electronic platform for the update process. It is assumed the Kimley-Horn team will provide content to be updated by city staff on a regular basis. It is assumed Kimley-Horn will provide this information in web accessible formats.
Task 2.9 Deliverable
• Electronic copies (in PDF format) of documents and materials • Text Copy for the website, as needed.
0 TASK 3 BASELINE DATA COLLECTION AND ANALYSIS
TASK 3.1 DOCUMENT REVIEW
Following the Kick-off Meeting, Kimley-Horn will provide City staff with a listing of pertinent data that is necessary to complete the work program. Kimley-Horn will review all applicable City, regional , and state documents pertaining to the Housing Element update. This may include various policy and regulatory documents and other assistance programs.
Kimley-Horn will be responsible for identifying and resolving any information gaps. Kimley-Horn anticipates a "turnkey approach " for data collection to the greatest extent feasible and will only request information that is proprietary to the City to minimize the work effort by City Staff.
Task 3. 1 Deliverable
• Housing Element Data Resources Matrix
TASK 3.2 EVALUATE THE CURRENT HOUSING ELEMENT
As required by state law, Kimley-Horn will review and evaluate the City of Anaheim 's current 2013-2021 Housing Element and its programs. In general , the task will include a review of the appropriateness of the housing goals, objectives, and polices in contributing to the attainment of the stated housing goal; the effectiveness of the Housing Element in attaining community housing goals and objectives; and the City's progress in implementing the Housing Element. The report will include the following information:
• Evaluate the status, effectiveness, and appropriateness of the current housing policy programs and identify any barriers to implementation
City of Anaheim LPPL77021 .2020 Kimley>>>Horn 20
PROPOSAL FOR
General Plan Housing Element Update
• Compare identified goals from the adopted Housing Element to actual accomplishments during the plan period
• Evaluate the existing Housing Element in relation to current state housing laws and identify any omissions or deficiencies
Task 3.2 Deliverable
• Review of Past Performance Matrix
TASK 3.3 HOUSING NEEDS, CONSTRAINTS, RESOURCES, POPULATION, AND
HOUSING PROFI LE
As required by state law, Kimley-Horn will assess housing needs, constrai nts, and resources available.
A population and housing profile will be conducted that summarizes , population and household characteristics , analysis of special needs populations , and units at risk of converting to market rate units as required by new state law. Housing constraints will identify non-governmenta l, governmental , and environmental constraints that may have an effect on housing. Housing resources such as availability of vacant land, zoning to accommodate RHNA growth needs , and capacities of available sites will be analyzed. Funding and financing resources available to address housing needs will be identified. Opportunities for energy conservation will also be explored .
Based on new housing law, the adequate sites analysis will be much more in-depth and detailed compared to prior planning periods. It is Kimley-Horn 's experience that the new housing laws necessitate a more detailed study of adequate sites to satisfy HCD standards .
Task 3.3 Deliverables
• Housing Profile Report • GIS Based Inventory of Sites • Adequate Sites Analysis • Data Tables, Maps , and Relevant Text TASK 3.4 MARKET ANALYSIS AND FINAN CIAL FEASIBILITY ASSESS MENT HCD assumes that sites zoned for densities of 30 units per acre or higher are financially feasible for affordable housing development. No further analysis is necessary to satisfy the City's responsibilities under the state 's housing element law. In our experience , however, a 30-unit-per acre density is not always sufficient for infill deve lopment and refill development to be financially feasible .
Moreover , development standards and requirements sometimes restrict the financial feasibility of housing development.
We will collaborate with City staff to identify up to five focus sites from among the sites being considered for designat ion for affordable housing development. For each of the focus sites, we will analyze the financial feasibility of at least two development prototypes and we will analyze each prototype as a fully market-rate project, as a mixed-income project, and as a fully affordable housing project. We will use these analyses to assess the densities and development standards at which residential infill development and redevelopment is financially feasible . We will assess the implicati ons for the Housing Element Update , the Amendments to the City's Zoning Code , and the Anaheim Pro-housing Policy and Implement ation Plan; and we will identify strategie s to promote housing development.
We will conduct up to four remote/internet meetings with City staff during the work phase to discuss the analyses and the implications for the work products for this project. We will prepare a draft report in a digital format and submit it to City staff. We will conduct a review meeting with City staff. 21 Kimley>>>Horn City of Anaheim LPPL77021.2020
PROP O SA L FOR
General Plan Housing Element Update
Based on the review meeting and one round of consolidated comments from City staff, we will revise and finalize the financial feasibility assessment report. The final report will be incorporated into the final work products for this project. The budget for this task assumes one formal presentation of the final financial feasibility assessment.
Task 3.4 Deliverables
• Up to four remote/internet meetings with City staff
• Draft Financial Feasibility Assessment report (submitted in a digital format) • One review meeting with City staff
• Final Financial Feasibility Assessment report (incorporated into the final work products) • One public presentation of the Financial Feasibility Assessment report TASK 3.5 DEVELOP HOUSING PLAN
As required by state law, Kimley-Horn will develop a Housing Plan the constitutes the policy component of the Housing Element. The Housing Plan will include prior policies from the 2013-2021 Housing Element that are still appropriate and will be supplemented by new policies and programs that address new Housing Element Law. The Housing Plan will identify policies and programs to address Conservation and Improvement, Availability and Production, Affordability, Removal of Constraints , and Equal Housing Opportunity. Policies and programs will be supplemented by Quantified Objectives by income category. The Housing Element will maximize opportunity to count adequate sites alternatives such has substantially rehabilitated units to the extent permitted by law.
Task 3.5 Deliverables
• Housing Policy Plan
• List of Quantified Objectives
0 TASK 4 DRAFT HOUSING ELEMENT
Kimley-Horn will prepare a Screencheck Draft, Public Review Draft, and Draft Final Elements .
TASK 4.1 SCREENCHECK DRAFT
Kimley-Horn will prepare and submit a Screencheck Draft Elements to the City for review. The Screencheck Drafts will be a complete draft and include all required components of as described in prior tasks , and will include all tables, maps, and graphics.
Task 4. 1 Deliverables
• One electronic copy (in native file format and PDF format) of the Screencheck Draft Elements for City review and comment
• 1 reproducible copy
TASK 4.2 PUBLIC REVIEW DRAFT
Kimley-Horn will prepare a Public Review Draft Elements based on City staff's comments on the Screencheck Drafts . City staff will provide Kimley-Horn with comments on the Screencheck Drafts.
Kimley-Horn will resolve any issues and make requested revisions to the Screencheck Drafts to the satisfaction of the City.
Task 4.2 Deliverables
• One electronic copy (in native file format and PDF format) • 1 reproducible copy
City of Anaheim LPPL77021 .2020 Kimley>>> Horn 22
PROPOSAL FOR
General Plan Housing Element Update
TASK 4.3 HCD SUBMITTAL
Following all initial community outreach workshops and meetings, Kimley-Horn will prepare summary notes or minutes of the community workshop, and a summary of all other comments received during the public review period. Considering input received at the community workshop and any other input received during the public comment period, Kimley-Horn, in consultation with City staff, will revise the Public Review Draft Housing Element.
Once the Draft Housing Element is finalized, it will be submitted for an initial 60-day review to the Department of Housing and Community Development (HCD) after required meetings and approvals from the Planning Commission and City Council. Kimley-Horn will prepare a transmittal letter to HCD detailing how the Housing Element meets state law requirements. The Draft Housing Element will be accompanied by a completed Completeness Review Checklist.
Task 4.3 Deliverable
• One electronic copy (in native file format and PDF format) of the transmittal letter and checklist to HCD
TASK 4.4 RESPONSE TO COMMENTS
Kimley-Horn will assist City staff with preparing responses to any public or agency comments (including HCD) on the Public Review Draft Housing Element. Based on our recent experience, the City should be prepared to receive considerably more comments during this Cycle.
TASK 4.5 FINAL HOUSING ELEMENT
Following review by HCD, Kimley-Horn will revise the appropriate sections of the HCD Submittal Draft Housing Element. This Final Draft Housing Element and other Elements will be presented at public hearings before City Council.
Task 4. 5 Deliverable
• One electronic copy (in native file format and PDF format) of the Final Draft Housing Element 0 TASK 5 FINAL HOUSING ELEMENTIHCD CERTIFICATION
Based on the City Council direction, Kimley-Horn will make final revisions and prepare a Final Housing Element for HCD review and approval. Kimley-Horn will transmit the Final Housing Element to HCD for certification and will maintain ongoing communication with the state until the Housing Element is officially deemed certified.
Task 5 Deliverables
• One electronic copy (in native file format and PDF format) of the Final Housing Element • One bound hardcopy of the Final Housing Element
PHASI:::. 2. Amendmen s to the G,ry s Zonmg Code, Map, and General n,_ n ,: ,...
TASK 2.1 ZONING CODE AMENDMENTS AND GENERAL PLAN POLICY CONS ISTENCY Amendments to the City's Zoning Map and Zoning Code will be needed to implement the updated Housing Element and other changes to the General Plan Land Use Element. Additionally , necessary policy amendments to other Elements of the Anaheim General Plan will be completed in ensure internal consistency of the General Plan.
23 Kimley>>>Horn City of Anaheim LPPL77021 .2020
PROPOSAL FOR ............................
General Plan Housing Element Update
While meeting housing needs will certainly be a priority, this project also provides an opportunity to realign the general plan with zoning and confirm appropriate densities, intensities , range of uses, incentives , and any new standards to better guide the design of more urbanized areas of the City.
The City already has a number of tools in place to encourage infill residential beyond multifamily zones , including the Residential Opportunities Overlay Zone , the South Anaheim Boulevard Corridor Overlay Zone , and the City's Affordable Housing Policy and Action Plan. For this task, the team will draw from the General Plan and Zoning Consistency Analysis in Task 1 to explore and develop the best approach for accomplishing the following :
• Allowing for zoning by-right for Permanent Supportive Housing and potentially other housing types ; • Creating incentives for housing for persons with special needs , including developmental disabilities ;
• Rezoning certain properties within opportunity areas identified by HCD and the California Tax Credit Allocations Committee where the characteristics of these areas have been shown by research to support positive economic , educational , and health outcomes for low-income families-particularly long-te rm outcomes for children ; • Creating Housing Sustainability Districts per Government Code to encourage housing production on infill sites near public transportation . Housing projects that are compl iant with applicable general plan and zoning standards are eligible for streamlined approval; • Creating a Workforce Housing Opportunity Zone where project level review is minimized in return for a minimum number of affordable units per Government Code; • Updating and amending the City's Affordable Housing Design Guidelines to comply with new state requirements regarding the application of objective design standards to residential projects ; and • Revisiting other areas within the City, primarily along commercial corridors , that have not been the subject of recent Specific Plan efforts , to consider appropriate zoning methods to incentivize the transition of vacant and underutilized commercial properties .
We propose a series of working sessions with City staff on the above pro-housing techniques/ requirements to develop an integrated and easy-to-navigate regulatory system. PlaceWorks ' familiar ity with the City Zoning Code and staff preferences for applying the code will be an asset in making recommendations and drafting new code requirements . Following the working sessions , our team will prepare the draft amendments/additions for City review, in addition to the updated Zoning Map. We anticipate up to three rounds of revisions leading to a Hearing-Ready Amendment to the City's Zoning Code and Zoning Map.
.. ,.. .<. I ,- I
PlaceWorks will develop a Program Environmental Impact Report (PEIR) to support the General Plan Update. In addition, to the amendments related to the Housing Element Update Project, the PEIR will include an analysis of the proposed update of the Circulation Element, new Environmental Justice Element, and potential amendments to the Safety Element pursuant to AB 162 (2007), SB 1035 (2018) and AB 747 (2019).
It is our understanding that a separate Climate Action Plan (CAP) could be prepared, if the City receives funding, and the City wishes to use the PEIR for clear CEQA for the CAP to allow streamlined environmental review. Therefore, inclusion of the CAP in the PEIR analysis is included as an optional task.
City of Anaheim LPPL77021.2020 Kimley >>> Horn 24
PRO P OSAL FOR
General Plan Housing Element Update
TASK 3.1 ENVIRONMENTAL KICK-OFF MEETING, PROJECT MEETINGS, AND
PROJECT MANAGEMENT
Kick-off Meeting
Under this task , PlaceWorks' CEQA principal-in -charge and the project manager will participate in a kick-off meeting with City staff and the rest of the project team to discuss the project and confirm the project approach , scope, schedule , project description , any data needs and gaps, and PEIR outline. Based on the issues discussed during the kick-off meeting, PlaceWorks will prepare a project description that includes all information required to define the project for CEQA and circulate for input and approval by the City.
Progress Meeting
PlaceWorks will attend subsequent meetings (as-needed) with the City to monitor the project's progress and provide the opportunity for staff to discuss obstacles and conduct problem-solving so the project stays on schedule and within budget. It is assumed that the meeting will occur bi-weekly for the duration of the project (assumes 10-month project schedule).
Project Management
Additionally , PlaceWorks' project manager will be responsible for day-to-day task scheduling , management of resources , monitoring of costs, and schedule adherence related to CEQA. The project manager will coordinate and communicate closely with City staff and the project team so that the environmental review process satisfies the statutes and guidelines of CEQA and the City's CEQA procedures. The project management task is based on six hours per month for the project manager and four hours per month for the principal-in-charge for the duration of the estimated project schedule , which is anticipated to be approximately 10 months after the approval of the project description .
Task 3.1 Deliverables
• Kick-Off Meeting Attendance • On-going Project Management • Project Description • Bi-weekly Progress Meeting Attendance TASK 3.2 NOTICE OF PREPARATION/INITIAL STUDY/SCOPING MEETING TASK 3.2.1 NOP/IS PREPARATION
Upon completion of the project description, PlaceWorks will prepare an Initial Study (IS) that provides written responses to each topical area of the CEQA Appendix G checklist. PlaceWorks will also prepare a Notice of Preparation (NOP) using the City's standard form. Since it is already anticipated that an EIR will be required, it is assumed that many of the checklist responses will consist of brief responses that explain the scope of the analysis to be included in the PEIR. PlaceWorks assumes two rounds of review, Screencheck NOP/IS and Printcheck NOP/IS.
PlaceWorks will submit the Screencheck NOP/IS and Printcheck NOP/IS in Microsoft Word for editing, and in PDF with all figures, exhibits , and appendices. It is assumed that all City staff comments will be compiled in one tracked-changes IS document and transmitted to PlaceWorks via email. The City may also prepare a comments matrix to track all City staff comments.
Upon completion of the NOP/IS, PlaceWorks will distribute the NOP/IS to reviewing agencies based on a distribution list approved by the City. It is assumed that PlaceWorks will submit electronically to the State Clearinghouse via their online portal.
25 Kimley >>) Horn City of Anahe im LPPL77021.2020
PROPOSAL FOR
General Plan Housing Element Update
TASK 3.2.2 SCOPING MEETING
PlaceWorks will organize and conduct a scoping meeting with agencies and interested parties to solicit comments regarding the scope and content of the environmental issues the PEIR to address . We will be prepared to discuss the environmental review process and answer questions from the public , and provide a summary of the meeting .
Task 3.2 Deliverables
• Digital files of the Screencheck IS including
figures and technical appendices
• Digital files of the Printcheck IS including
figures and technical appendices
TASK 3.3 PRE PARATION OF TECH NICA L STUDIES
• Distribution of the NOP & CD copies to
the city-approved distribution list (certified
mail & overnight)
• Scoping Meeting Attendance
It is anticipated that Kimley-Horn will prepare all necessary technical studies that will be reviewed and approved by the City of Anaheim. PlaceWorks review the approved technical studies to be incorporated into the Draft PEIR. At this time , technical studies are assumed to include , Air, Noise , Greenhouse gas (GHG) , and Vehicle Miles Traveled (VMT) analysis .
TASK 3.3.1 AIR QUALITY IMPACT ASSESSMENT
The analysis will be prepared in accordance with the criteria, standards, and provisions of the CEQA and will respond to the applicable checklist items within Appendix G of the CEQA Guidelines. It is likely that significant and unavoidable air quality impacts will occur as a result of emissions of one or more criteria pollutants.
TASK 3.3.2 GREENHOUSE GAS EMISSIONS ANALYSIS
Kimley-Horn will evaluate GHG emissions associated with the General Plan Update , and that would be identified in the CAP that the City is preparing concurrently . Kimley-Horn will utilize the GHG emissions inventory anticipated to be prepared as part of the CAP. The GHG emissions and emissions reductions identified in the CAP will be compared to the City's required reductions per AB 32 and SB 32. The sustainability initiatives and programs identified within the CAP as well as existing programs will be incorporated into the analys is.
The report will determine whether the project would directly or indirectly genera te significant GHG emissions or conflict with any applicable plan , policy, or regulat ion adopted to reduce such emissions , including the State Scoping Plan and the Regional Transportation Plan and Sustainable Communities Strategy (RTP/SCS) . Kimley-Horn will work with City staff to develop the most appropriate GHG significance criteria . GHG and climate change protocols are constantly evolving . As such, climate change impacts will be analyzed in accordance with the latest guidance.
TASK 3.3.3 NOISE IMPACT ANALYSIS
Working from the existing General Plan and other more recent documents , Kimley-Horn will document existing noise sources and perform a comprehensive survey and mapping of noise-sensitive receptors (e.g. , residential land uses, schools , places of worship , etc.) and a comprehensive noise survey , especially intended to characterize noise from stationary sources or other unique sources of community concern (e.g., major arterials , schools , commercial areas , loading areas , etc .). The noise survey will include up to ten short-term noise measurements and one long-term measurement. We will also work with City staff to identify and appraise major noise sources , including review of noise complaints .
City of Anaheim LPPL77021 .2020 Kimley >>) Horn 26
PROPOSAL FOR
General Plan Housing Element Update
The noise analysis will evaluate the potential effects of the General Plan update, and CAP. The analysis will include essential information for incorporation analyzing the potential impacts of changes in land use and circulation in the El R.
Using traffic data from the traffic analysis, Kimley-Horn will analyze the existing and future traffic noise levels adjacent to the arterials and highways within the planning area. Noise contours will be developed for each arterial and highway segment included in the traffic study relative to the roadway centerline .
The contours will be developed using either the community noise equivalent level (CNEL) or the day night sound level (Ldn) metric , as preferred by the City. The Noise Impact Analysis will also identify areas where significant noise impacts could occur and suggest programmatic measures to avoid such impacts through implementation of standard planning and environmental review procedures.
Additionally, the analysis will present background information on noise, health effects of noise, methods , monitoring results, and data used to project noise contours as well as supporting information for policy development.
TASK 3.3.4 VMT ANALYSIS/TRAFFIC IMPACT ANALYSIS
The analysis will be prepared in accordance with the criteria , standards, and provisions of the CEQA and will respond to the applicable checklist items within Appendix G of the CEQA Guidelines . The VMT analysis will be conducted in conjunction with new statutory provision and provide the necessary analysis to comply with state law.
TASK 3.3.5 CLIMATE ACTION PLAN
Kimley-Horn will prepare a qualitative-level CAP as part of the Technical Studies task . The CAP will be qualitative in nature due to funding limitations and will provide a sufficient level of analysis to conduct and support other Technical Studies prepared in Task 3. Due to the qualitative nature of the scope , specific tasks and analysis will be programmatic and qualitative in nature, including:
• Emissions and GHG Inventory
• Reduction Targets
• Community Vulnerability Assessment and Analysis
• Reduction/Mitigation Measures and Implementation
• List of Priority Projects
It is assumed that Kimley-Horn and PlaceWorks will define the level of specificity to comply with statutory requirements and requisite analysis required. City staff will be tasked with community outreach and collaboration with stakeholders directly related to the CAP. It is assumed that City staff will take a lead role in the development and finalization of CAP policies and program considerations in conjunction with stakeholders and the Kimley-Horn and PlaceWorks team .
Technical Studies Assumptions/Limitations/Data Needs
• Kimley-Horn will be provided the following project detail to support the analysis :
• Existing and future land use inventories
• Housing Element and General Plan Amendment Goals and Policies • Traffic data with land use inventory daily trip generation, VMT data, and roadway segment Average Daily Traffic (ADT) volumes
27 Kimley >>> Horn City of Anaheim LPPL 77021.2020
PROPOSA L FOR
General Plan Housing Element Update
• This scope accommodates revisions based on one consolidated set of comments , additional comments can be addressed on a time and materials basis • This scope excludes meetings/hearings
Task 3.3 Deliverables
• One electronic copy Air Quality Impact
Assessment Memorandum
• One electronic copy GHG Emission
Analysis Report
TASK 3.4 DRAFT PEIR AND MMRP
• One electronic copy Noise Impact Analysis
• One electronic copy VMT/TIA Traffic
Technical Study
• Associated maps and tables
PlaceWorks will incorporate the analysis and findings of the technica l studies into the Draft PEIR. We will prepare a Screencheck , Proofcheck, and Printcheck for staff review, resulting in a Draft PEIR for public review. It is anticipated that Draft PEIR will include the following sections in accordance with the CEQA Guidelines :
• Executive Summary
• Introduction
• Project Description
• Environmental Setting
• Discussion of Existing Conditions , Environmental Impacts, and Mitigation Measures • Alternatives to the Proposed Project
• CEQA Mandated Sections (Environmental effects found not to be significant during the Initial Study scoping process ; adverse environmental impacts which cannot be avoided if the project is implemented; cumulative impacts ; any irreversible environmental changes that will occur if the proposed project is implemented , and a discussion of growth-inducing impacts) .
PlaceWorks will submit the review draft PEIR in Microsoft Word for editing, and in PDF with all figures , exhibits , and appendices. It is assumed that all City staff comments will be compiled in one tracked-changes PEIR section and transmitted to PlaceWorks via email. The City may also prepare a comments matrix to track all City staff comments .
PlaceWorks assumes three weeks City staff review time for the Screencheck, two weeks for the Proofcheck , and one week for the Printcheck . We understand that the City will ask for an extension of these review periods if the reviews include concurrent review of the PEIR and the technical studies or if there are substantial comments on the Screencheck or Proofcheck documents .
PlaceWorks will submit the draft Mitigation Monitoring and Reporting Program (MMRP) with the Proofcheck document and revise the MMRP as needed with the Printcheck document.
OPTIONAL TASK: Climate Action Plan CEQA Analysis
As an optional task , if the CAP is available to be analyzed as part of the PEIR, we will include its analysis under a separate heading when discussing the environmental impacts in each section .
Deliverables
• Digital files (in both PDF and MS Word format) of the Screencheck , Proofcheck and Printcheck draft PEIR , including figures and technical appendices • Mitigation Monitoring and Reporting Program
City of Anaheim LPPL77021.2020 Kimley >>) Horn 2s
PROPOSAL FOR
General Plan Housing Element Update
TASK 3.5 NOTICE OF AVAILABILITY/NOTICE OF COMPLETION
Upon completion of the Draft PEIR, PlaceWorks will distribute the Draft PEIR to reviewing agencies.
We will prepare the notice of availability (NOA) and Notice of Completion (NOC) for review and approval by the City. PlaceWorks will be responsible for publication and distribution of the NOA and NOC document based on a mailing list approved by the City.
Task 3.5 Deliverables
• Digital files (in both PDF and MS Word format) of the NOA and NOC • Distribution of the NOA & CD copies to the city-approved distribution list (certified mail & overnight)
TASK 3.6 FINAL PEIR - RESPONSE TO COMMENTS, FINDINGS OF FACT, AND STATEMENT
OF OVERRIDING CONSIDERATIONS
PlaceWorks will prepare a Response to Comments (RTC) in accordance with the requirements of CEQA.
We will obtain input from technical consultants as necessary to address the adequacy of the Draft PEIR.
The Final EIR will include copies of all comment letters received and responses to written comments.
Responses will focus on comments that address the adequacy of the Draft EIR. Comments that do not address EIR adequacy will be noted as such and no further response will be provided unless deemed necessary by the City. The FEIR will also include any revisions , updates, or corrections resulting from the comments.
A not-to-exceed budget of 40 hours for RTC has been established to cover efforts by PlaceWorks . The estimated number of hours assumes one round of review of the RTC by the City. If an unexpectedly large volume of comments is received , or if certain comments result in the need for substantial additional responses or new research or analysis, the initial budget may not be sufficient. Should this situation become apparent, we will discuss this concern with the City before the responses budget is consumed and determine an appropriate course of action.
PlaceWorks will also prepare Draft Findings of Fact and Statement of Overriding Considerations document consistent with the requirements of CEQA, for staff's inclusion in the Resolution to certify the PEIR.
As required by CEQA, responses to agency comments will be provided to those agencies a minimum of 10 days prior to consideration of the Final PEIR by the Planning Commission or City Council.
Task 3.6 Deliverable
• Digital files (in both PDF and MS Word format) of the Final PEIR (Response to Comments, Findings of Facts, and Statement of Overriding Considerations) TASK 3.7 PLANNING COMMISSION AND CITY COUNCIL HEARINGS
PlaceWorks ' principal-in-charge and project manager will attend the Planning Commission and City Council hearings and will be available to answer any questions related to the CEQA documents .
Additional hearing attendance by PlaceWorks upon the City's request will be billed on a time and-materials basis in accordance with the hourly rates for the personnel involved , as included in this proposal.
Task 3. 7 Deliverable
• Two public hearings (one Planning Commission and one City Council) 29 Kimley >>> Horn City of Anaheim LPPL77021.2020
PROPOSAL FOR
General Plan Housing Element Update
~-,: Ol - JI •-...... '1tation Plan
TASK 4.1 ANAHEIM PRO-HOUSING POLICY AND IMPLEMENTATI ON PLAN Upon completion of the Draft Housing Element , the project team will collaborate with City staff to create the Anaheim Pro-Housing Policy and Implementation Plan (APHP) . The APHP will build up the policy framewor k developed for the Housing Element. The APHP will serving as the primary guidance document to promote the development of housing citywide and will provide consistency and reinforcement of overall housing goals and policies identified in the Housing Element's policy program.
Key features of the APHP will include:
• Identification of Housing Opportunity sites
• Summary of policy objectives
• Resources available to promote housing
• Tools, resources , and methods to support
private investment
• Efficiency, processing , and
entitlement streamlining
• Preparation/Streamlining of Annual
Progress Reports (APRs) (1st year APR
part of the APHP)
The APHP will be a comp rehensive Toolkit to be used by the general public, stakeholders, developers, and investors as a framework to assist and support the creation of housing in Anaheim.
Task 4.1 Deliverables
• Screencheck Draft APHP
• Final Draft APHP
City of Anaheim LPPL77021 .2020 Kimley>>>Horn 30
New Contract
Revised Budget per
Kimley Horn Task Description mark up sheet
PHASE ONE General Plan Amendments
Task 1 Project Admin/ Coordination
1.0 Priect Admnistration/Coordination
1.1 Kick-off Meetinqs $ 3,895.00
1.2 Proiect Schedule $ 7,280.00
1.3 Project Coordination/Project ManaQement $ 26,600.00 Task 2 Community Outreach/ Surveys/ Study Sessions/ Outrach Collateral
2.1 Community Outreach Plan $ 12,630.00
2.2 HEUC Committee $ 49,020.00
2.3 Workshop #1 $ 3,480.00
2.4 Workshop #2 and Workshop #3 $ 36,595.00
2.5 Online Survey (staff plus servey instrument) $ 13,225.00
2.6 Planninq Commision Study Session $ 6,520.00
2.7 City Council Study Session $ 5,640.00
2.8 Project Facts Sheets $ 2,000.00
2.9 Project Website $ -
Task3 Baselin Data Collection and Sites Analysis Market Analysisa and Feasibility Analysi!
3.0 Baseline Date Collection and Analysis
3.1 Document Review $ 2,355.00
3.2 Evaluate Exisitn Element $ 4,310.00
3.3 Needs, Constraints, Resources $ 74,600.00
3.4 Market Analysis and Financial Feasbilitv Analysis $ 32,660.00
3.5 Housing Plan $ 19,910.00
Task4 Draft Housing Element
4.0 Draft Housino Element
4.1 Screenchecks Drafts $ 29,020.00
4.2 Public Review Drafts $ 17,920.00
4.3 HCD Submittal $ 12,460.00
4.4 Response to Comments $ 23,850.00
4.5 Final Housino Element/ Public Hearinqs $ 28,240.00
PHASE TWO Amendments to the City's Zoning Code and MaJJ
2.1 Zoninq Code Amendments $ 158,440.00
PHASE THREE Environmental Clearance/Proaram EIR
3.1 kick-off meetinQ $ 3,520.00
3.2 NOP/IS/ScopinQ $ 25,880.00
3.3 Technical Studies $ 263,000.00
3.4 Draft PEIR and MMRP $ 165,000.00
3.5 NOA/NOC $ 5,500.00
3.6 Final PEIR $ 15,000.00
3.7 PC/CC MeetinQ $ 10,000.00
PHASE FOUR Anaheim Pro-Housina Policy (APHP) and Implementation Plan
4.1 APHP Housing Policy and Implementation Plan $ 105,430.00 Expensese $ 12,000.00
TOTAL BUDGET $ 1,175,980.00