AGREEMENT NO. 2022-24C
THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
This Third Amendment to Agreement No. 2022-24 (Agreement) is entered into between the City of Camarillo, a California general law city and municipal corporation (City), and Rincon Consultants, Inc. a California Corporation, (Consultant) collectively referred to as the Parties. The effective date of this Amendment is June 26, 2024.
RECITALS
A. The Parties entered into an Agreement entitled “Professional Services Agreement No. 2022-24 (Agreement), for the preparation of a Climate Action Plan and Update to the General Plan Safety Element in the amount of $ 263,549, as outlined in Exhibit A of the Agreement.
B. The Parties entered into a First Amendment to the Agreement to add an Inventory Reconciliation Update for $6,371. Agreement 2022 -24 included a contingency of $15,000, therefore sufficient funds were available.
C. The Parties entered into a Second Amendment to the Agreement to extend the Agreement to June 30, 2025.
D. All capitalized terms not defined in this Amendment have the meaning set forth in the Agreement.
E. The Parties desire to modify the scope of work in accordance with Section 3.3 of the Agreement.
Section 1. Amendment. The Agreement is amended to add the following:
1. Additional “Scope of Services of the Agreement is amended to add attendance at three Policy Committee meetings, Safety Element CEQA compliance, CalFire consultation, and additional project management.
Section 2. Compensation and Payment. Third Amendment to the Agreement is for $51,411. After using the remaining contingency, there will be an additional cost of $42,782, for a total agreement amount of $331,331.
Section 3. Continuation of Terms of Agreement. Except as expressly modified by the terms and provisions of this document, the remaining terms and provisions of the Agreement remains in full force and effect.
THE AUTHORIZED REPRESENTATIVES of the Parties have caused this Third Amendment to Agreement No. 2022-24 to be executed as of the Effective Date.
CITY OF CAMARILLO
Greg Ramirez, City Manager
ATTEST:
City Clerk
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CONSULTANT
Rincon Consultants, Inc., a California Corporation
Name: Richard Daulton
Title: Corporate Secretary/ Vice President
_____________________________
Name: Jennifer Haddow
Title: Principal, Vice President
Camarillo Business Tax Certificated No. 040224 / Expiration Date 7/31/2024 Attachments: Exhibi t A – Scope of Services
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Rincon Consultants, Inc.
1 8 0 N o r t h A s h w o o d A v e n u e
Ven tu ra , Ca lifo rnia 9 3003
805 6 4 4 4 4 5 5
i n f o @ r i n c o n c o n s u l t a n t s . c o m
w w w . r i n c o n c o n s u l t a n t s . c o m
June 11, 2024
Project No: 21-12057
Jaclyn Lee
Planning Manager
City of Camarillo
601 Carmen Drive
Camarillo, California 93010
Via email: [email protected]
Subject: Request to Update Scope of Work for the Safety Element and Climate Action Plan Dear Ms. Lee:
Pursuant to our discussion on May 22, 2024, via phone, and follow up conversations via email, Rincon Consultants, Inc. (Rincon) has drafted this amendment to provide services that are outside of our original scope of work. Based on our original scope of work, the Climate Action Plan and Safety Element would have a 16-month project schedule. The project originally kicked off in April 2022 and is currently anticipated to extend through December 2024.1 Based on this extension, the project is anticipated to span a total of 32 months, which is double what was originally scoped. Additionally, based on new requirements that have arisen since the original scope of work was drafted for the Safety Element, additional time will be required to complete the reviews with CAL FIRE. The proposed scope of work also includes time for staff to attend three Policy Committee meetings as well as refine the measures and actions included as part of the CAP based on current best practice and case law. The scope of work below provides a summary of each of these items in more detail. The following tasks are numbered according to their position within the existing contract’s scope of work and are not sequential.
Scope of Work
The following section describes the scope of work.
Task 2.6 Policy Committee Meetings (3)
Based on our work with the City of Camarillo on the completion of the Sustainability Master Plan (SMP), Rincon understands how important it is to work with the Policy Committee throughout the measure and action development phase. Therefore, Rincon’s Project Manager will attend up to three in-person Policy Committee meetings to discuss the preliminary framework for the measures and actions, the draft measures and actions, and the final measures and actions. For this task, Rincon has budgeted time for the Project Manager to travel to and from, prepare for, and attend the meetings. We assume that each meeting will last no more than three hours and presentations will be prepared by Rincon and we will also be in attendance to present and address any questions that arise as requested by the Policy Committee.
1 Although we anticipate a December 2024 deadline, if necessary, the project may extend through June 2025.
Doc ID: d1e2dacb1fbbdbb8e74599caba20d997f63352e0
City of Camarillo
Request to Update Scope of Work for the Safety Element and Climate Action Plan
Assumptions
▪ Rincon will host up to three in-person meetings with one Rincon staff member in attendance at each meeting.
▪ Each meeting would last up to three hours.
▪ The City would provide any refreshments, secure the location for the meeting, and send out invitations to the team.
▪ Any additional meetings could be attended on a time and materials basis, in accordance with our standard fee schedule (attached).
Deliverables
▪ Meeting agendas and presentations, if applicable
▪ In-person meeting attendance (three meetings)
Task 2.7 Project Close-out and Next Steps Meeting
After completion of the final City Council adoption meeting and receipt of any direction on next steps, Rincon would host a virtual meeting (up to one hour in length) with the main City project team to discuss next steps for CAP implementation. Ultimately, the goal is for the City to have a clear mechanism to implement the actions in the CAP as a team and Rincon understands that establishing that unified framework takes time. Therefore, if it is determined at the end of 2024 that the City needs additional support to monitor and implement the CAP for the 2025 calendar year, we could prepare an updated proposal based on the current program at that time and areas we’d like to improve or refine.
Assumptions
▪ The close-out meetings would occur virtually and would last up to one hour in length.
Deliverables
▪ Meeting agenda and minutes
Task 3.4.1.1 Supplemental GHG Emissions Reduction Strategy Development Rincon began drafting the GHG emissions reduction measures for the CAP in November 2022. Since that time, there have been significant updates made in best practice and current case law, including the 9th Circuit Court decision in California Restaurant Association (CRA) vs. City of Berkeley, which impacted building electrification ordinances and required creative solutions to help cities decarbonize their buildings in pursuit of the State of California GHG reduction targets. Therefore, it is anticipated that additional time would be required to review and update the currently drafted measures to confirm that they align with current best practices and case law.
Additionally, the CEQA Guidelines Section 15183.5(b) establishes criteria to guide the preparation of a “plan for the reduction of greenhouse gas emissions.” Subsection (D) notes that “measures or a group of measures, including performance standards, that substantial evidence demonstrates, if implemented on a project-by-project basis, would collectively achieve the specified emissions level.” Thus, the primary distinction between a qualified emissions reduction plan and one that is not considered qualified is the level of substantial evidence that clearly demonstrates that the GHG reduction claimed is achievable.
The GHG reductions from the specific measures would be calculated using published third-party evidence provided through controlled investigations, studies, and articles carried out by qualified experts that establish the effectiveness for measures and actions. The appendix will clearly display the Doc ID: d1e2dacb1fbbdbb8e74599caba20d997f63352e0
City of Camarillo
Request to Update Scope of Work for the Safety Element and Climate Action Plan
GHG reduction estimates and underlying calculations. Rincon would complete the draft and provide it to the City for review and then address one set of consolidated comments on the document. After the comments are addressed, a finalized version will be provided to the City. Although a high-level appendix was included in the original scope of work, Rincon recommends developing a more robust and detailed technical appendix to support CEQA streamlining.
Assumptions
▪ Rincon will update the draft measures and actions based on current best practice and case law. ▪ Rincon will provide a robust technical appendix summarizing the GHG reduction estimates and underlying calculations.
Deliverables
▪ Final CAP Measures and Actions
▪ Robust Technical Appendix
Task 4.4 CAL FIRE Consultation
Senate Bill 1241 requires Safety Elements to go through CAL FIRE review and be approved by the Board of Forestry before jurisdictional adoption. Rincon will lead this coordination and address CAL FIRE comments as appropriate. This will include responding to three rounds of review of CAL FIRE comments on the Draft Safety Element and attendance at the Board of Forestry Hearing meeting to answer questions. At the conclusion, Rincon will then implement the suggested edits and revisions suggested by CAL FIRE into the Safety Element.
ASSUMPTIONS
▪ Rincon will respond to three rounds of review of comments by CAL FIRE on the Safety Element. ▪ Attendance at the Board of Forestry meeting will be virtual.
DELIVERABLES
▪ CAL FIRE approved Safety Element
▪ Rincon attendance at the Board of Forestry meeting
Task 4.5 Safety Element CEQA Compliance
Rincon will prepare a categorical exemption using the Notice of Exemption (NOE) form provided in Appendix E of the CEQA Guidelines. Rincon will prepare a brief technical CE memorandum/report to accompany the NOE form summarizing the appropriate class of exemption and demonstrating how the project is eligible for the exemption. The memorandum/report will be submitted in administrative draft form for review and comment by the City. Rincon assumes that technical studies that would address air quality, greenhouse gas emissions or noise modeling, will not be required for the project. Rincon will revise the memorandum/report after receipt of consolidated comments by the City to create the final CE memorandum/report. The final CE memorandum/report will be attached to the NOE form and submitted to City staff for incorporation into the staff report and City Council hearing packet. This scope of work includes attendance at the City Council hearing to approve the CE. Rincon will file the NOE form and CE memorandum/report with both the State Clearinghouse and Ventura County Clerk following City Council adoption for each CE.
Doc ID: d1e2dacb1fbbdbb8e74599caba20d997f63352e0
City of Camarillo
Request to Update Scope of Work for the Safety Element and Climate Action Plan
Assumptions
▪ This task includes the $50 County Clerk filing fee and assumes a California Department Fish and Wildlife will not be required.
▪ Rincon will respond to one set of consolidated comments on each CE.
Deliverables
▪ Administrative Draft CE
▪ Final CE
▪ NOE filings to the State Clearinghouse and Ventura County Clerk ▪ Attendance at one City Council Hearing
Task 5.1.1 California Department of Fish and Wildlife Filing Fee A California Department of Fish and Wildlife Filing Fee is required to file a Notice of Determination with the Ventura County Clerk. Rincon would provide this fee to the County Clerk within five days after the adoption of the Climate Action Plan and Initial Study-Negative Declaration.
ASSUMPTIONS
▪ This task also includes the $50 County Clerk filing fee.
DELIVERABLES
▪ California Department of Fish and Wildlife Filing Fee Task 6. 1 Additional Project Management
As mentioned in the introduction, the original project was anticipated to last 16 months and it has been extended to a total of 32. Therefore, Rincon requests use of the remaining contingency budget for the project management tasks required to be completed through the end of this year (December 2024). If the project extends beyond that time, additional time may be required to complete the project oversight. In total, $8,629 remains in the Contingency task and it is anticipated that this time will be used to attend regular team meetings, provide monthly invoices, and generally oversee the project completion, similar to what has been completed to date under Task 6, Project Management. The only recommended update is instead of completing monthly meetings, Rincon recommends we complete bi- weekly meetings through the remainder of the year, as appropriate to confirm that the project deliverables are staying on schedule. With the reallocation of the remaining contingency budget to Project Management, the overall cost will remain the same.
ASSUMPTIONS
▪ The project will be complete by December 2024.
▪ Check-in meeting attendance will be limited to Rincon’s Project Manager.
DELIVERABLES
▪ Bi-weekly (30-minute) virtual meetings through December 2024 ▪ Monthly status updates and invoices
Doc ID: d1e2dacb1fbbdbb8e74599caba20d997f63352e0
City of Camarillo
Request to Update Scope of Work for the Safety Element and Climate Action Plan
Cost Breakdown
Rincon has summarized the anticipated cost by task in Table 1. As shown, it is anticipated that the current Contingency budget would be reallocated to Task 6.1, Project Management, and the newly required CAL FIRE Consultation, the additional CEQA compliance for the Safety Element and the California Department of Fish and Wildlife Filing Fee, as well as the project close-out meeting and supplemental GHG emissions reduction strategy development is anticipated to require additional staff time and direct expenses, for a cost not to exceed $42,782 based on the scope of work outlined above.
Table 1 Proposed Updates to Historical Inventories by Sector Task Cost
Task 2.6 Policy Committee Meetings $6,395
Task 2.7 Project Close-out and Next Steps Meeting $1,569 Task 3.4.1.1 Supplemental GHG Emissions Reduction Strategy Development $16,372 Task 4.4 CAL FIRE Consultation $7,288
Task 4.5 Safety Element CEQA Compliance $8,108
Task 5.1.1 California Department of Fish and Wildlife Filing Fee $3,050 Task 6.1 Additional Project Management Time1 $8,629
New Budget Requested $42,782
1. This time would be reallocated from the “Contingency” Task to Task 6, Project Management. No additional funding is being requested currently for this task.
Additional work will not be completed without written authorization and approval from the City of Camarillo. If you have questions or additional needs, please let us know as the proposed scope of service updates and associated costs are fully negotiable to meet Camarillo’s needs. Additional work not included within our proposed work program will be completed only upon written authorization in accordance with our standard fee schedule (attached).
Sincerely,
Rincon Consultants, Inc.
Hannah Mize
Project Manager
Email: [email protected]
Matt Maddox, AICP
Principal
Email: [email protected]
Doc ID: d1e2dacb1fbbdbb8e74599caba20d997f63352e0
Rincon
Consultants, Inc.
Effective
January
1, 202
4 Standard Fee Schedule for Environmental Sciences and Planning Services
Professional, Technical
and Support Personnel*
January 1, 2024
–
December 31, 2024
Senior Principal
$319
Principal
$307
Director
$307
Senior Supervisor II
$292
Supervisor I
$272
Senior Professional II
$255
Senior Professional I
$238
Professional IV
$211
Professional III
$196
Professional II
$174
Professional I
$155
Associate III
$130
Associate II
$117
Associate I
$109
Field Technician
$94
Data
Solutions Architect
$196
Senior GIS Specialist
$187
GIS/CADD Specialist II
$167
GIS/CADD Specialist I
$150
Technical Editor
$147
Project Accountant
$125
Billing Specialist
$107
Publishing Specialist
$120
Clerical
$107
* Professional
classifications include environmental scientists, urban planners, biologists, geologists, marine scientists, GHG verifiers, sustainability experts, cultural resources experts, and other professionals. Expert witness services consisting of deposition s or in
-
court
testimony are charged at the hourly rate of $400.
Reimbursable Expenses
Direct Cost
Rates
Photocopies
–
B
/
W
$0.25 (single
-
sided), $0.45 (double
-
sided)
Photocopies
–
Color
$1.55 (single
-
sided), $3.10 (double
-
sided)
Photocopies
–
11 ”
by
17 ”
$0.55 (B
/
W), $3.40 (color)
Oversized Maps
$8.50/square foot
Digital Production
$15/CD, $20/flash drive
Light
-
Duty and Passenger Vehicles*
$90/day
4WD and Off
-
Road Vehicles*
$150/day
*
Current IRS mileage rate for mileage over 50 and for all miles incurred in employee
-
owned vehicles.
Direct Costs.
Other direct costs associated with the execution of a project, that are not included in the hourly rates above, are billed at cost plus 16%. These may include, but
are not limited to, laboratory and drilling services, subcontractor services, authorized travel expenses, permit charges and filing fees, mailings and postage, performance bonds, sample handling and shipment, rental equipment, and vehicles other than cove
red by the above charges.
Annual Escalation.
Standard rates subject to 3.5% annual escalation, on Jan uary
1 .
Payment Terms.
All fees will be billed to Client monthly and shall be due and payable upon receipt or as indicated in the contract provisions for the assignment. Invoices are delinquent if not paid within 10 days from receipt or per the contractually requi red
payment ter
ms.
Doc ID: d1e2dacb1fbbdbb8e74599caba20d997f63352e0
Rincon
Consultants, Inc.
Effective
January
1, 202
4 Equipment
Rate
Environmental Site Assessment
Soil Vapor Extraction Monitoring Equipment
$160
Four Gas Monitor
$137
Flame Ionization Detector
$110
Photo Ionization Detector
$82
Hand Auger Sampler
$62
Water Level Indicator, DC Purge Pump
$46
CAPDash
$7,500
Natural Resources Field Equipment
UAS Drone
$
300
Spotting or Fiberoptic Scope
$170
Pettersson Bat
Ultrasound Detector/Recording Equipment
$170
Sound Level Metering Field Package (Anemometer, Tripod and Digital Camera)
$113
GPS (Submeter Accuracy)
$67
Infrared Sensor Digital Camera or Computer Field Equipment
$57
Scent Station
$23
Laser
Rangefinder/Altitude
$11
Pitfall Traps, Spotlights, Anemometer, GPS Units, Sterilized Sample Jar
$9
Mammal Trap, Large/Small
$1.55/$0.55
Water and Marine Resources Equipment
Boat (20
-
f
oo
t Boston Whaler or Similar)
$
800
Multi
p
arameter Sonde (Temp
erature
, Cond
uctivity
, Turbidity, DO, pH) with GPS
$170
Water Quality Equipment (DO, pH, Turbidity, Refractometer, Temperature)
$62
Refractometer (Salinity) or Turbidity Meter
$38
Large Block Nets
$114
Minnow Trap
$98
Net, Hand/Large Seine
$57
Field Equipment Packages
Standard Field Package (Digital Camera, GPS, Thermometer, Binoculars, Tablet, Safety Equipment, and Botanic Collecting Equipment)
$114
Remote Field Package (Digital Camera, GPS, Thermometer, Binoculars, Tablet and Mifi, Delorme
Satellite Beacon, 24
‐
Hour Safety Phone)
$144
Amphibian/Vernal Pool Field Package (Digital Camera, GPS, Thermometer, Decon Chlorine, Waders, Float Tube, Hand Net, Field Microscope)
$170
Fisheries Equipment Package (Waders, Wetsuits, Dip Nets, Seine Nets, Bubblers, Buckets)
$57
Underwater and Marine Sampling Gear (Photo/Video Camera, Scuba Equipment [
Tanks, BCD,
Regulators, Wetsuits, etc.
]
)
$57/diver
Marine Field Package (Personal Flotation Devices, 100
-
foot Reel Tapes with Stainless Carabiners,
Pelican Floats, Underwater Slates, Thermometer, Refractometer, Anemometer, Various Field Guides)
$
100
Insurance, Hazard
,
and Fees
Historic Research Fees
$55
L&H Dive Insurance
$57/diver
Level C Health and Safety
$70/person
Doc ID: d1e2dacb1fbbdbb8e74599caba20d997f63352e0