City of Pacific Grove
Focused General Plan Proposal Supplement
Rincon Consultants, Inc. Page 12
Deliverables
• Administrative Draft Housing Resources Section (word)
2.2.6 Housing Goals, Quantified Objectives and Policies (Housing Plan)
Administrative Draft
[VTA lead, Rincon]
VTA will lead preparation of the housing goals, policies, and quantified objectives. Based upon the analyses and research conducted in the previous tasks, VTA will update the housing programs. For each program included in the Housing
Element, VTA will establish the timeframe for
implementation, specific objectives, funding sources, and responsible agencies. The programs will satisfy requirements of Government Code Sections 65583(b) and (c).
Assumptions
• City staff will provide one set of consolidated comments provided on the Administrative Draft Housing Plan
section.
• The revised draft Housing Plan will be incorporated into the Screencheck Draft Housing Element in Task 2.2.7.
Deliverables
• Administrative Draft Housing Plan Section (word)
Programs Working Session
[VTA lead, Rincon]
The Rincon team will participate in a virtual working session with City staff to review the proposed programs in the Administrative Draft Housing Plan. This session is anticipated to be up to two hours.
Deliverables
• Agenda and Meeting Notes
2.2.7Draft Housing Element (2023 – 2031)
[Rincon lead, VTA]
What’s New in 6th Cycle
State laws require the Housing Plan include specific
programs:
• By-right approval of reuse sites if 20 percent is
set aside for affordable housing
• Replacement housing for development on sites
with existing uses
• Monitoring of no net loss
• Incentives to facilitate ADU development
• SB 35 and objective development standards
• AFFH meaningful actions to promote housing
mobility, access to opportunity, reduce
displacement, provide fair housing outreach and
enforcement, and implement placebased
neighborhood improvements.
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Rincon will compile the sections from previous tasks
and prepare the following versions of the Draft Housing Element 2023-2031
• Screencheck Draft Housing Element for staff
review
• Public Review Draft for public and City Council
review
• HCD Review Draft
Since individual sections of the Screencheck Draft
Housing Element will be reviewed under previous
tasks, this task assumes minimal revisions to the
Administrative Draft Housing Element to prepare the
public review version of the document.
During HCD’s review the Rincon team will work to
address all HCD comments. We will communicate with
HCD and facilitate review of the revisions via revised
pages. All revisions made to the Draft Housing Element
will be shown as tracked
changes. The goal is to secure a Finding of Substantial Compliance on the Draft Element before proceeding to adoption. This task includes no more than three rounds of HCD review. For purposes of this scope, we have assumed the comments from HCD will not introduce new substantive issues or concerns at each round and that there will have been a description or discussion of the items during previous rounds of review.
Deliverables
• Screencheck Draft Housing Element (word)
• Public Review Draft Housing Element (word and PDF)
• HCD Review Draft (word and PDF)
2.3 Community Engagement
2.3.1 Record of Engagement
[Rincon]
One of the most critical aspects of the Housing Update
Element process is the public participation process. The Housing Element, and the newly added AFFH analysis, relies heavily upon local knowledge to supplement and better understand the data and housing issues at hand, as well as, creating the programs that work best to serve local and regional needs. As stated in previous sections and in the Project Understanding, our scope assumes that the community engagement that has been conducted to date is adequate to support the analysis required for the Housing Element Update. This task includes summarizing that engagement within the Housing Element Update document. This task assumes that City staff will assist Rincon in pulling together all necessary records of engagement.
What’s New in 6th Cycle
AB 215 passed in 2021 (effective January 1, 2022)
changes the public review process for the Housing
Element.
• Draft Housing Element must be available for a
30-day review period prior to submitting for HCD
review
• If comments are received, the City must take at
least 10 business days to address the comments
prior to submitting to HCD for review
• HCD review of the Draft Housing Element is
extended to 90 days (from the 60-day review under
old law)
What’s New in 6th Cycle?
AB 686 (Affirmatively Furthering Fair
Housing) passed in 2017 requires that the
outreach activities be informed by AFFH
characteristics.
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City of Pacific Grove
Focused General Plan Proposal Supplement
Rincon Consultants, Inc. Page 14
Assumptions
• City staff will provide Rincon will all necessary records of engagement conducted to date for the 6th Cycle Housing Element Update, including input from any stakeholder interviews Deliverables
• Summary of engagement activities included in the Screencheck Draft Housing Element (word) in Task 2.27
2.3.2 Virtual Stakeholder Interviews (Allowance)
[Rincon]
Engagement of and input from local advocacy groups, minority and special needs populations, and housing developers are important to the Housing Element update (and required by HCD).
In Task 2.3.1 we will work closely with City staff to identify stakeholders that the City and/or their previous housing element consultant has already interviewed and/or interacted with. Typically, this stakeholder group would include a broad cross-section of the community so that the consultation list includes market rate developers, affordable housing developers and fair housing advocates, and community-based organizations.
This task includes an allowance for additional interviews with key stakeholders. It is assumed that most of the input and feedback needed from these groups was already obtained by the City and the housing element consultant during previous engagement activities. However, additional information may be needed to support the analysis described in previous tasks.
Assumptions
• City staff will provide the list of key stakeholders already assembled and interviewed to date • City staff will help in identifying any additional stakeholders that may need to be contacted • See also Task 2.3.1
Deliverables
• An allowance for up to 10-12 interviews (assumes interviews are approximately a half hour in length) • Summary of stakeholder input
2.3.3 Targeted Engagement (Allowance)
[Rincon]
This task includes an allowance for one informal, in-person engagement. This could include a pop-up event, a focus group meeting or another similar activity. This allowance was provided to support an additional, informal engagement touchpoint during the Housing Element Update process. This activity is anticipated to occur prior to the release of the Public Draft Housing Element Update. Rincon will coordinate with City staff on the details of this event.
Assumptions
• City staff will provide any materials/equipment needed to support the event such as tables, booth materials. Etc.
• City staff will secure the venue, as needed
• Includes attendance by two staff from Rincon
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• City staff will handle all necessary notifications
Deliverables
• One informal, in-person engagement activity
• Workshop handouts, boards or interactive activity
2.3.4 Public Workshop
[Rincon]
We propose one in-person workshop to engage with community residents, agencies, and key stakeholders during the public review period for the Draft Housing Element update. The Rincon team will prepare a Power Point presentation to walk through the public review Draft.
Assumptions
• City staff will provide any materials/equipment needed to support the event such as tables, booth materials. Etc.
• City staff will secure the venue
• Includes attendance by two staff from Rincon
• City staff will handle all necessary notifications
Deliverables
• One, in-person workshop
• Workshop handouts
2.4 GIS Support Services
2.4.1 GIS Support Services Site
[Rincon]
This task includes time for Rincon’s GIS team to compile the necessary GIS data and prepare maps to support the Housing Element Update.
Assumptions
• All base data is assumed to be provided by City staff, the County and/or other regional and State data sources
Deliverables
• Data and Maps included in other tasks
2.4.2 GIS Support Services Engagement
This task includes the creation of reference maps as needed to support engagement materials and presentations.
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City of Pacific Grove
Focused General Plan Proposal Supplement
Rincon Consultants, Inc. Page 16
Assumptions
• All base data is assumed to be provided by City staff, the County and/or other regional and State data sources
Deliverables
• Maps included in other tasks
2.5 Public Hearings and Study Session
2.5.1 Virtual Study Session
[Rincon lead, VTA]
The Rincon team will facilitate one virtual study session with the Planning Commission or City Council to update them on the Housing Element Update process and to present the Housing Plan. This study session is anticipated to occur prior to the release of the public review Draft of the Housing Element.
Assumptions
• City staff will handle all necessary notifications
• Assumes attendance by one staff member from Rincon and one from VTA Deliverables
• Power Point presentation
• One, virtual Study Session with the PC or CC
2.5.2 Public Hearings
[Rincon lead, VTA]
This task includes a budgeted allowance for up to two in-person public hearings to support staff, one before the Planning Commission, and one before City Council for the adoption of the Housing Element update. We will present the element update and respond to questions as directed by City staff. This budget assumes that Rincon’s PM and PIC will be in attendance and VTA.
Additional public hearing attendance will be billed on a time and materials basis, per Rincon’s and/or VTA’s billing rates in effect at the time the service is provided.
Assumptions
• City staff will handle all necessary notifications
• Assumes attendance by two staff members from Rincon and one from VTA Deliverables
• Power Point presentation
• Up to two, in-person public hearings
2.6 Housing Element Project Management
DocuSign Envelope ID: 3318917D-5770-4097-A6BA-B9D98D549197 PGCC 9-18-24
[Rincon lead, VTA]
At the onset of the project, Rincon will refine the scope and develop a schedule. Throughout the project, Rincon will proactively identify issues, immediately bring those issues to the attention of City staff, identify potential solutions, and coordinate with City staff as to the best course of action. The Rincon project manager will participate in 30-minute project management conference calls every other week (approximately 26 calls) with the project team. Rincon will use email communications and have telephone/videoconference conversations with City staff, as needed, during the course of the project to ensure clear communication. Rincon will prepare monthly invoices with status reports documenting the progress made each month on completing the project, and review and update the schedule when necessary. This task assumes that Rincon’s PIC and VTA will attend meetings strategically throughout the process. This task also includes internal coordination amongst the Rincon team.
Rincon will prepare agendas for all meetings and note any actions from those meetings.
Deliverables
• Up to 26, 30-minute virtual meetings with City staff
• Agenda and Meeting Notes for biweekly project status calls (electronic format) DocuSign Envelope ID: 3318917D-5770-4097-A6BA-B9D98D549197 PGCC 9-18-24
Professional Services Agreement 07.19.2022
EXHIBIT B
PAYMENT SCHEDULE
The City agrees to pay CONSULTANT monthly. This amount shall not exceed $227,918 for the total term of the Agreement unless additional payment is approved as provided in this Agreement.
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Professional Services Agreement 07.19.2022
EXHIBIT C
INSURANCE REQUIREMENTS
Without limiting CONSULTANT’s indemnification of City, and prior to commencement of Work, CONSULTANT shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
General liability insurance. CONSULTANT shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
Automobile liability insurance. CONSULTANT shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
Professional liability (errors & omissions) insurance. CONSULTANT shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and CONSULTANT agrees to maintain continuous coverage through a period no less than three (3) years after completion of the Services required by this Agreement.
Workers’ compensation insurance. CONSULTANT shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
CONSULTANT shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees and volunteers.
Umbrella or excess liability insurance. CONSULTANT shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
• A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall “follow form” to the underlying primary policies; and DocuSign Envelope ID: 3318917D-5770-4097-A6BA-B9D98D549197 PGCC 9-18-24
Professional Services Agreement 07.19.2022
• Insureds under primary policies shall also be insureds under the umbrella or excess policies.
Other provisions or requirements
Proof of insurance. CONSULTANT shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
Duration of coverage. CONSULTANT shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by CONSULTANT, his agents, representatives, employees or subconsultants.
Primary/noncontributing. Coverage provided by CONSULTANT shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by CONSULTANT or City will withhold amounts sufficient to pay premium from CONSULTANT payments. In the alternative, City may cancel this Agreement.
Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, employees and volunteers or shall specifically allow CONSULTANT or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss.
CONSULTANT hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
Enforcement of contract provisions (non estoppel). CONSULTANT acknowledges and agrees that any actual or alleged failure on the part of the City to inform CONSULTANT of nonDocuSign Envelope ID: 3318917D-5770-4097-A6BA-B9D98D549197 PGCC 9-18-24
Professional Services Agreement 07.19.2022
compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
Pass through clause. CONSULTANT agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by CONSULTANT, provide the same minimum insurance coverage and endorsements required of CONSULTANT. CONSULTANT agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. CONSULTANT agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review.
City’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the CONSULTANT ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the CONSULTANT, the City and CONSULTANT may renegotiate CONSULTANT’s compensation.
Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
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Timely notice of claims. CONSULTANT shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from CONSULTANT’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
Additional insurance. CONSULTANT shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
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Professional Services Agreement 07.19.2022
EXHIBIT D
REQUEST FOR PROPOSAL
City of Pacific Grove
Request for Proposal (RFP)
to
Prepare a Focused General Plan Update, Zoning Code & Map(s) Update, Objective
Design & Development Standards (ODDS), and Conduct Associated Environmental Review & CEQA Document Preparation
CITY OF PACIFIC GROVE
1. Issue Date: September 16, 2022
Proposal Due Date: December 2, 2022
a) Submit responses to:
CONTACT: Anastacia Wyatt, Community Development Director City of Pacific Grove
Community Development Department
300 Forest Avenue
Pacific Grove, California 93950
831-648-3182 or [email protected]
1. DocuSign Envelope ID: 3318917D-5770-4097-A6BA-B9D98D549197 PGCC 9-18-24
Table of Contents
1. RFP Overview
1.1 Introduction and Background
1.2 Purpose of RFP
1.3 Minimum Qualifications
1.4 Schedule of Events
1.5 RFP Coordinator
1.6 RFP Amendment and Cancellation
1.7 Letter of Intent to Respond
1.8 Questions Pertaining to the RFP
1.9 Public Records Law
1.10 Rights to Submitted Materials
1.11 City Agreements and Insurance Requirements
2. Scope of Work and Specifications
2.1 Overview of the Project
2.2 Environmental Analysis
2.3 Project Coordination Meetings and Project Management
2.4 Existing General Plan Audit
2.5 Work Plan
2.6 Meeting Schedule and Communication
2.7 Deliverables
3. Proposal Submission Requirements
3.1 General Instructions
3.2 Proposal Format
3.2.1 Transmittal Letter
3.2.2 Table of Contents
3.2.3 Executive Summary
3.2.4 Company Information
3.2.5 Pricing
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4. Proposal Evaluation
5. General Terms
5.1 General Conditions
5.2 Reference Checks
5.3 Changes to RFP
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5.4 Submittal Address
6. Attachment 1 – City of Pacific Grove Professional Services Agreement Professional Services Agreement 07.19.2022
B. 1. RFP Overview
(1) 1.1 Introduction and Background
The City of Pacific Grove is a Charter City known for small-town hospitality and friendliness. It is run by a council-manager form of government. The major operating departments of the City are: City Manager, Administrative Services, Community Development, Public Works, Police, Fire, Recreation and the Library.
The City population is 15,545 and it is approximately 2.86 square miles. Located in Monterey County, on the Monterey Peninsula, the City is surrounded on the north and west by Monterey Bay and the Pacific Ocean, respectively, unincorporated Pebble Beach to the south, the Army Presidio of Monterey (POM) to the southeast, and the City of Monterey to the east. Since its founding in 1875 as a Methodist “Chautauqua” or Retreat, Pacific Grove’s “landlocked” setting has influenced its development patterns and significantly affects its potential for new housing and employment today. The City encompasses approximately 3 square miles - much of it developed with mostly single-family residential homes, some multi-family development and 3 main commercial areas. Pacific Grove is regarded within the region as a desirable residential community and is currently comprised of historical buildings and architect-designed, well-maintained single-family, detached residences sited along treelined streets, most of which were constructed prior to 1960. The City’s proximity to employment centers, coupled with its excellent schools, low crime rate, historic architecture, scenic coastline, and beautiful parks contribute to this image.
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The City is almost entirely built-out. Approximately 45 percent of the land is developed with housing of all types and approximately 6.5 percent consists of schools and public facilities. Approximately 5 percent of the City is developed with commercial/light industrial uses and the remaining approximately 44 percent is public parks, beaches, open space, churches, public rights-of-way and miscellaneous uses. The largest employers are the Pacific Grove Unified School District, the City, and the California State Parks (Asilomar State Park and Conference Grounds).
A key issue in planning for and facilitating the level of growth called for in Pacific Grove’s allocation based on the draft Regional Housing Needs Allocation (RHNA) methodology is the continuing moratorium on new water connections for communities served by Cal-Am, including Pacific Grove. Water limitations will need to be considered in the required analysis of constraints on development, with proposed actions for reducing or eliminating the constraints identified. This will be an important discussion in the focused update through the
Professional Services Agreement 07.19.2022
review process. However, the current moratorium will not be eliminated or directly addressed through the focused general plan update.
There are separate processes underway to develop viable strategies for addressing the Peninsula’s water issues. Until those strategies are agreed upon and implemented, the City’s General Plan will need to proceed with planning for and implementing zoning and development regulation changes necessary to accommodate changes to state law since 1994, as well as Pacific Grove’s final RHNA of 1,125 units.
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1.2 Purpose of RFP
The purpose for the City of Pacific Grove’s request for proposal is to identify and select a vendor with a proven record of accomplishment to prepare a focused update to the City’s 1994 General Plan, including the Land Use, Safety, and Transportation Elements, accompanying zoning ordinance and maps, objective design and development standards, and related environmental review in conformance with the California Environmental Quality Act (CEQA) necessary for approval of the General Plan. The Proposer’s team for this project should be multi-disciplinary and shall include expertise in all appropriate areas of General Plan and zoning ordinance development as outlined in the State of California 2017 General Plan Guidelines.
The City would like the proposer to include required Hazard Mitigation Planning, Climate Action Planning requirements, and Environmental Justice within the focused update and elements rather than separate elements.
The City is undergoing a Housing Element Update with the required CEQA review to submit the Housing DocuSign Envelope ID: 3318917D-5770-4097-A6BA-B9D98D549197 PGCC 9-18-24
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Element by December 2023 for the City’s 6th Cycle Housing Element Update. Based on the Housing Element update and required zoning changes, modifications to accommodate the City’s anticipated RHNA would be included in this focused update. The environmental review will generally analyze the broad environmental effects of implementing the changes in the Focused General Plan Update, related amendments to other General Plan elements, and updates to implementing tools such as the Zoning Ordinance, ODDS, and Subdivision Ordinance.
1.3 Minimum Qualifications
The City is seeking a qualified firm (“Consultant”) that has extensive experience in preparing General Plans, a proven ability to assess a City’s current conditions, and knowledge of current State and federal regulations as it applies to the completion of General Plan updates and CEQA compliance. The precise scope of services in the Professional Services Agreement will be negotiated between the City and the successful proposing consultant. Rather than present in this RFP an all-inclusive scope of services for the consultant to perform, interested firms should develop their own specific scope of work, deliverables and schedule based on the information found in this request, and following the most up- to date industry practices. It is anticipated that this update will result in changes to the City’s Land Use Map, Zoning Map and Municipal Code. In addition, the Consultant must be familiar with innovative public participation techniques to maximize public input within the decision-making DocuSign Envelope ID: 3318917D-5770-4097-A6BA-B9D98D549197 PGCC 9-18-24
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process. The Consultant should be knowledgeable and competent in the environmental analysis and CEQA compliance documents.
Please note that the format and number of documents listed as deliverables in your proposal may need to be modified pursuant to Executive Order N-80-20, signed on September 23, 2020, or any other Executive Order pertaining to certain requirements for filing, noticing, and posting of CEQA documents.
At a minimum, the scope of services will include completion of the CEQA compliance process and required documentation and noticing for the project, pursuant to §16053 of State CEQA Guidelines, which includes preparation of all required notices and environmental impact assessments, any necessary consultations with resource agencies, and identification of applicable permits and approvals required, if any, in concert with the preparation of updated Elements as required by the most recent Office of Planning and Research (OPR) General Plan Guidelines. The selected consultant will also be Professional Services Agreement 07.19.2022
expected to attend at all CEQA and General Plan Update related meetings, including community meetings and meetings of the Planning Commission and the City Council.
1.4 Schedule of Events
The RFP schedule of events identifies the City’s best estimate of the schedule that will be followed.
RFP Issued September 16, 2022
Virtual Pre-Bid Conference Zoom Call &
Question Submittal
October 21, 2022, 9-10am
Posting of Answers from Pre-Bid Conference October 24, 2022, 5pm Deadline for Written Questions October 28, 2022, 5pm
City Issues Response to Written Questions November 4, 2022, 5pm Deadline for Submitting a Proposal December 2, 2022 at 5pm City Evaluation of Proposals December 5-30, 2022
Selected Consultant Interviews January 13, 2023
Consultant Selected January 27, 2023
City Council Authorization of Contract February 2023
Contract Execution/Kick-Off Meeting March 2023
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Zoom information for the virtual Pre-bid conference dated October 21, 2022 at 9am is below:
When: Oct 21, 2022 09:00 AM Pacific Time (US and Canada) Topic:
City of PG RFP Pre-Bid Conference call
Please click the link below to join the
webinar:
https://us02web.zoom.us/j/89070493682
Or One tap mobile :
US: +16692192599,,89070493682# or
+16699009128,,89070493682# Or Telephone:
Dial(for higher quality, dial a number based on your current location):
US: +1 669 219 2599 or +1 669 900 9128 or +1 213 338 8477 or 877 853 5247 (Toll Free) or 888 788 0099 (Toll Free)
Webinar ID: 890 7049 3682
International numbers available: https://us02web.zoom.us/u/kRN1wrkN2 The City reserves the right to adjust this schedule as it deems necessary.
1.5 RFP Coordinator
All communications concerning this RFP must be submitted in an e-mail to the RFP Coordinator, Alex Othon, Associate Planner. The RFP Coordinator will be the sole point of contact for this RFP.
The coordinator can be reached via email at [email protected].
1.6 RFP Amendment and Cancellation
The City reserves the unilateral right to amend this RFP in writing at any time. The City also reserves the right to cancel or reissue all or any part of the RFP at its sole discretion. This DocuSign Envelope ID: 3318917D-5770-4097-A6BA-B9D98D549197 PGCC 9-18-24
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information will be posted to the City’s website:
https://www.cityofpacificgrove.org/our_city/departments/administrative_services/bids rfps/in dex.php If an amendment is issued, it will be provided to all vendors who have submitted a Letter of Intent to Respond.
1.7 Letter of Intent to Respond [Optional]
b) Vendors who anticipate submitting a proposal are encouraged to submit an email indicating a vendor's intent to respond to this RFP. The letter of intent should be emailed to the RFP Coordinator. The subject line should read, “Company Name – Letter of Intent to Respond”. The following information should be included in the Letter of Intent to Respond:
• Name of Vendor
• Vendor’s Address
• Vendor’s Contact Person
• Contact Person’s Telephone Number & E-mail Address
• Name and version of system to be proposed
Submittal of a Letter of Intent to respond is highly desirable for submitting a proposal and is necessary to ensure a vendor’s receipt of RFP amendments and other communications regarding the RFP. The Letter of Intent does not bind vendors to submitting a proposal. Not submitting a Letter of Intent does not preclude a vendor from submitting a proposal by the required deadline.
1.8 Questions Pertaining to the RFP
All questions pertaining to this RFP must be submitted by e-mail to the RFP contact Alex Othon, Associate Planner at [email protected]. All vendors who have notified the City of their intent to respond to the RFP will be provided, via e-mail, a copy of all questions submitted as well as the City’s response.
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1.9 Public Records Law
Pursuant to the California Public Records Act, Government Code Section 6250 and following, public records may be inspected and examined by anyone desiring to do so, at a reasonable time, under reasonable conditions, and under supervision by the custodian of the public record. All submitted proposals are subject to the California Public Records Act, and may be determined to be public records subject to disclosure, even if the vendor claims confidential treatment. The City will disclose public records as required under the California Public Records Act.
1.10 Rights to Submitted Materials
All Proposals and related correspondence, reports, charges, schedules, exhibits and other documentation submitted with this RFP will become property of the City and a matter of public record. All documents submitted in response to this request will be subject to disclosure if requested by a member of the public.
There are a very limited number of narrow exceptions to these disclosure requirements.
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(1) 1.11 City Agreements and Insurance Requirements
The successful proposer(s) will be required to sign a contract with the City relating to the work to be performed. Once selected, the proposer must procure and maintain insurance in accordance with the City’s insurance requirements for the duration of the contract. The cost of this insurance is the proposer’s responsibility.
2. Scope of Work and Specifications
2.1 Overview of the Project and Preparation of the Focused General Plan Update The focused General Plan update must include a robust public engagement program that engages all sectors of the City’s population in this planning effort; a program that identifies the community values and translates those values into a community vision out to the year 2045. Include in the budget proposal how many meetings would be anticipated for public engagement and staffed by the Consultant engagement team. The General Plan update must also identify how the community’s vision and values will be implemented through the General Plan update document. A General Plan Technical Advisory Group (GPTAG) is expected to be formed and utilized as the common thread throughout the update process.
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The General Plan update must address what land use opportunities should be explored based on requests received from property owners, compatibility, and strategic locations that will promote revenue development and enhancement. The update should also address how current and future technological breakthroughs, such as telecommuting, video conferencing, driverless cars, same-day retail delivery, etc. might affect the livability of the Pacific Grove community and how infrastructure, parking lots, and community access might be affected. Due to the nature of Pacific Grove’s historic development pattern, there are limitations in circulation and connectivity. In addition, the update will need to address all State directives including legislation adopted pertaining to General Plans since 1994, including but not limited to Climate Change and Environmental Justice.
2.2 Environmental Analysis
The Consultant shall be responsible for all CEQA work on the General Plan Update. Any resulting mitigation measures shall be accompanied by a mitigation monitoring program prepared by the Consultant.
The Consultant shall prepare a comprehensive Environmental Impact Report (EIR) for the work contemplated in the RFP in accordance with the latest procedural and substantive requirements of CEQA.
Timing for the preparation of the focused General Plan update and the EIR shall be overlapping so that the information collection can be used for both documents. This will ensure the preparation of both documents will be parallel and consistent.
The Consultant shall be responsible for any and all procedural steps, including (but not limited to), the preparation of public notices, AB 52 & SB 18 Consultation, Notifications, Resolutions, Ordinances, Notice of Preparation, Notice of Completion, Notice of Determination, Filing Notices with County Offices, Filing Notices with the State Clearinghouse, providing notices to local and state agencies as needed, Statement of Overriding Considerations (if necessary), Facts and Findings and Responses to Comments. The Consultant shall also be responsible for scheduling and conducting a scoping meeting(s). The scoping meeting shall include either meeting individually with or soliciting comments Professional Services Agreement 07.19.2022
from all responsible affected and trustee agencies in order to identify and discuss issues, actions, alternatives, potential and significant environmental effects and potential mitigation measures.
The Consultant will prepare technical support reports or appendices as required. This may include, but may not be limited to, traffic modeling, geotechnical, biological, air quality, noise, GHG emission reductions, and archeological reports. The City shall review and approve all documents prior to distribution by the Consultant. Policy and implementation programs shall be assessed for their impacts and mitigation measures shall be identified. The EIR shall reference pertinent analysis of the General Plan sufficient to DocuSign Envelope ID: 3318917D-5770-4097-A6BA-B9D98D549197 PGCC 9-18-24
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allow for enactment of future development in the City. Cumulative and growth inducing impacts shall also be included in specific sections of the document; the EIR shall consider full “build-out” of the General Plan. A technical appendix clearly identifying all supporting documents shall be part of the EIR.
A Mitigation Measures and Monitoring Program shall be prepared pursuant to CEQA. This document shall be a separately bound document from the EIR. The Consultant shall develop recommended implementation measures appropriate for each element and also identify the appropriate party responsible for implementation, monitoring, capital costs and confirmation of implementation. Recommendations shall be developed for a mitigation monitoring system designed to ensure accomplishment of the General Plan goals.
2.3 Project Coordination Meetings and Project Management.
The Consultant shall provide effective project management throughout the entire update, including the environmental review and implementation processes, to ensure that a quality document is prepared on time and within the budget.
The Consultant shall be responsible for the following focused General Plan update management:
• Preparation and maintenance of a master project schedule based on anticipated project milestone schedules, and integrate all reviews, approvals or other actions required for the reviewing bodies and any other entities.
• Assistance with and/or presentation of all documents to the approval bodies, including the General Plan Technical Advisory Group (GPTAG), Planning Commission, the City Council, and the public through a series of meetings and hearings. The schedule for each phase of the General Plan update should also include intervals or key points when the GPTAG will be convened as well as when the Planning Commission and City Council will review work products.
• Assist in the organization and scheduling of, attend, and keep minutes and/or notes of all project- related meetings.
• Management and supervision of Consultant team; Consultant will review and make changes to any staff reports/ordinances/resolutions during the duration of the General Plan process.
• Delivery of all work products for public review in both paper and electronic formats.
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• Provision and coordination with the City IT Department of a General Plan update dedicated website and resident social media campaign on City and other related community platforms.
2.4 Existing General Plan Audit
The City of Pacific Grove’s General Plan was last comprehensively updated in 1994. Since that time, the State has adopted several laws that affect content and process for general plans. The consultant will Professional Services Agreement 07.19.2022
be expected to review the City’s current General Plan in light of applicable State legislation and prepare a memorandum identifying updates needed to bring the General Plan into conformance with current State law. The consultant will ensure that the City’s General Plan follows all current laws.
The City’s General Plan may need to be updated to incorporate the following laws adopted since 1994 to include but not limited to the following:
• Climate Change and Greenhouse Gas (GHG) Emissions (AB 32, 2006) • Local Hazard Mitigation Plan Integration (GHG) Emissions (AB32, 2006) • Flood Control (AB 162, 2007; SB 5, 2007; AB 70, 2007; AB 156, 2007) • Sustainable Communities (SB 375, 2008; SB 575, 2009)
• Complete Streets Act (AB 1358, 2008)
• Fire Hazards (SB 1207, 2010; SB 1241, 2014)
• Disadvantaged Unincorporated Communities (SB 244, 2011; SB 1090, 2012) • Expedited Infill Development (SB 226, 2011)
• Transportation Impacts (SB 743, 2013)
• Property and Business Improvement Districts and Infrastructure Financing Districts (SB 1462, 2014)
• Sustainable Groundwater Management Act (AB 1739, 2014) • Tribal Cultural Resources (AB 52, 2014)
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• Climate Change Adaptation (SB 379, 2015)
• 2030 GHG Emissions Target (SB 32, 2016)
• Planning for Healthy Communities Act (SB 1000, 2016)
• Hazard Mitigation Planning and Safety Element (AB 747, 2019; SB 99, 2019) • Climate Pollution Reduction in Low-Income Homes Initiative (SB 1035, 2018) • Active Transportation Requirements for Circulation Plans (if adopted – SB 932, 2022)
2.5 Work Plan
The Consultant is to provide a detailed Project Schedule/Work Plan which includes a list of required key tasks, activities, durations and milestones to complete the focused General Plan update and CEQA documentation. Time frames should be stated in terms of the number of calendar days required to complete the specified tasks using the City’s Notice to Proceed as the start date. The schedule should identify time periods as the total elapsed time from the start date. The schedule should track the independent timing for each of the major work components and the different documents to be developed, reviewed, and adopted. The schedule should include the public participation process, interviews, community workshops, and public hearings. City staff will discuss the Work Plan with the selected Consultant prior to execution of a contract for the project.
2.6 Meeting Schedule and Communication
The Consultant will keep the City staff fully apprised of the status for the project by providing timely meetings and other forms of communication.
• Consultant will designate a Project Manager who will be the point-of-contact for the City.
This individual will attend all meetings and be responsible for the overall coordination of activities and completion of the General Plan update. Communication with City staff is essential. It is
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anticipated that these meetings will be comprised of the Lead Consultant, and team members if appropriate, as well as City staff. These bi-monthly meetings will be held via Zoom or other comparable virtual meeting program.
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• It is also anticipated that the use of conference calls will be necessary at various times throughout the process. The number of these meetings is indeterminate and are not in lieu of the bi-monthly meetings.
• A minimum of ten (10) Planning Commission meetings and five (5) City Council meetings should be included in the Proposed Budget. Please note that at the discretion of the City, joint meetings of the City Council and Planning Commission may be convened and shall constitute as one (1) meeting. Please list the cost for each individual Planning Commission and City Council meeting as a separate cost item and include these meetings in the Work Plan and Budget, with a distinction between live and virtual meetings as an option.
• Prepare informative PowerPoint presentations for staff to reference at meetings where the Consultant is not present.
2.7 Deliverables
As part of the City of Pacific Grove’s commitment to a paperless organization, all deliverables to be used for internal staff distribution shall be submitted electronically in both Microsoft Word and PDF in a manner to be determined between the Consultant and City. Paper copies shall only be used when required for outside agencies or for the availability of the general public as required. The electronic format should be easily viewed on a desktop or smartphone with no compatibility issues. The City desires an electronic version of the General Plan to be an active one for the user. The user should be able to click on items in the table of contents, maps and other important information in the General Plan and be automatically directed to the page. The City desires the consultant to utilize a program compatible with City programs to format and present the General Plan. A separate PDF version of the General Plan will also be expected from the consultant.
1. Maps and graphics for all community and public hearing meetings.
2. Existing Conditions Report containing a summary of findings, data, assumptions, and a draft outline of the preliminary General Plan. The report should also contain preliminary policy and land use recommendations and implementation measures.
3. Based on the Existing Conditions Report, prepare a Strengths, Weaknesses, Opportunities, and Threats (S.W.O.T.) Analysis
4. Administrative Draft General Plan
5. Draft General Plan Update
6. Administrative Final General Plan Update
7. Final General Plan Update
8. Administrative Draft EIR
9. Draft EIR
10. Administrative Final EIR
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11. Final EIR
12. Facts and Findings and Statement of Overriding Considerations (if applicable)
13. Mitigation and Monitoring Program
14. Zoning Code and Map Update
15. The Administrative Record in both hard copy and digital formats
16. GIS shapefiles (.shp) shall be provided to the City within 45 days of completion of the project.
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3. Proposal Submission Requirements
3.1 General Instructions
Proposals should provide a straightforward, concise description of the vendor’s company, qualifications, proposed solution, and capabilities to satisfy the requirements of this RFP. Emphasis should be on completeness and clarity of content.
Proposals should be organized consistent with the outline provided in this section of the RFP. Vendors must follow all formats and address all portions of the RFP set forth herein providing all information requested. All costs associate with the preparation of RFP submittals shall be borne by the respondent.
This RFP does not constitute any form of offer to contract.
Submittals must be received no later than December 2, 2022. Proposals received after this date and time will not be considered.
3.2 Proposal Format
Format
All submittals must follow the format described in this section. Respondents are encouraged to submit clear and concise responses to the RFP. The City reserves the right to include or exclude any part of the submittals in the final agreement with the selected consultant.
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Proposals must be provided both electronically (PDF) with eight (8) physical copies. Pages should be formatted to 8½” x 11” size with font no less than 12 point. All pages shall be numbered. Drawings and tables provided with the submittal shall not exceed 11” x 17.” To be considered for selection, submittals must arrive by the date and time specified in Section VI. Email or otherwise submit proposals to: [email protected] It is the sole responsibility of the Proposer to ensure timely delivery. Late proposals shall not be considered.
Content
The successful proposal will describe the approach, the process and costs to prepare and conduct the deliverables outlined in Section III Scope of Services. The content of your proposal should include the following in summary form:
Part 1 ǀ Cover Letter
In no more than three (3) pages, the Cover Letter shall include:
1. The names of the key members of the consultant team;
2. The mailing address, telephone number, email address and the name of the main point of contact for the consultant team;
3. A summary of the consultant’s experience and qualifications and the significant advantages to selecting the consultant; and
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4. An acknowledgement of receiving any addendum(s) to the RFP document sent out by the City.
Part 2 ǀ Project Approach, Scope of Work, Timeline and Deliverables Describe the strategy for achieving the goals and deliverables of the project. Include a detailed scope of work noting applicable deliverables as noted in this RFP. Outline the consultant's proposed approach to DocuSign Envelope ID: 3318917D-5770-4097-A6BA-B9D98D549197 PGCC 9-18-24
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the services contemplated, including a general timeline demonstrating successful completion of the services.
Part 3 ǀ Consultant Identification and Team
Provide the name of the consultant, the consultant’s principal place of business, and the name and telephone number of the contact person. Clearly identify team members, their roles, qualifications, and relevant experience. Include a resume of each key staff member identified. Any professional services required but not proposed by the qualified consultant firm shall be listed and reasons should be provided for not including them as part of the proposal.
Part 4 ǀ Related Project Examples and References
Provide recent (within the past 10 years) examples of relevant projects completed by the consultant that exhibit the team’s ability to successfully complete a range of services as listed above. Discuss whether the CEQA documentation was completed on time and within budget. Along with each example, please include descriptive information such as location of the project, date, scope and scale, contract amount, name of the team member(s) involved in the project and their roles, name of the client, and email address and telephone number of the client contact.
Part 5 ǀ Fee Proposal and Billing Rate Sheet
Provide an estimated cost to complete the project and itemized billing rate schedule that identifies hourly rates for each proposed staff members and expenses. Include any proposed cost-plus charges on subconsultant work, if any.
Failure to follow the specified format, to label the responses correctly, or to address all of the subsections may result in the rejection of the Proposal.
3.2.1 Table of Contents
All pages are to be numbered and the table of contents should identify each major section.
3.2.2 Executive Summary
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This section of the proposal should provide a concise synopsis of vendor’s proposal and credentials to deliver the services sought under the RFP. In addition, it should explain how the Focus General Plan Update will differentiate itself from other vendor solutions and the reasons the City should select the proposed solution. This may include a list of the unique features that give the vendor a competitive edge in the agenda management system market.
3.2.3 Company Information
This section of the proposal must include the following company information:
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• Provide the legal entity name, Federal Employer Identification Number (EIN), and form of business (i.e. Corporation, LLC, etc.).
• Identify if the vendor is a subsidiary of a larger company. If so, whom? • Provide a primary contact name, address, phone number, and email address. • Identify the location of company headquarters and offices, which will support the implementation.
• Identify the location, hours of operation, and contact information of ongoing maintenance and support staff.
• Provide the current number of employees at the company. • Provide the current number of employees dedicated to the solution you are proposing. • Identify all subcontractors and associated scope of work. • List the company’s Pacific Grove business license number, or statement of understanding that a business license must be purchased prior to doing business with City. • Identify any pending litigation against the vendor.
• Identify if vendor has filed any bankruptcy or insolvency processing in the last 10 years. • Identify any mergers, acquisitions, or sales of the vendor company within the last five years (if so, an explanation providing relevant details).
3.2.4 Implementation Approach
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In this section the vendor should address the following:
• Provide a project organization chart highlighting the key staff who will be assigned to accomplish the work an related bios for the project manager and key personnel • Describe your implementation methodology and approach. This includes the tools and techniques that will be used and methodologies that the firm will employ. • Describe the roles and responsibilities of both the City and vendor staff during each phase of implementation. In addition, provide an estimated level of effort and skillset required for the City staff during implementation.
• Provide a project schedule that includes all tasks, deliverables, milestones, and resources required. The City seeks a detailed understanding of the work plan that will be followed to ensure success.
3.2.5 Pricing
BUDGET PROPOSAL
Although an important aspect of consideration, the financial cost estimate will not be the sole justification for consideration. The City does expect a fair and reasonable project cost backed by itemization of how the costs per phase and task were developed. Negotiations may or may not be conducted with the firm; therefore, the proposal submitted should contain the firm’s most favorable terms and conditions since selection and award may be made without discussion with any firm. All prices should reflect “not to exceed” amounts per item. The City desires the Consultant to use available data sources and technical tools provided by local, regional and state government entities in order to minimize costs associated with new data collection efforts. Consultant shall list the available data sources that are proposed to be used.
Proposals should include, at minimum, the costs for the completion of each major task in the work program. Each task should clearly identify the Consultant team member who will be primarily responsible for completing the task. Costs should be segregated into a time and materials rate schedule Professional Services Agreement 07.19.2022
and a not-to-exceed maximum amount for all work. Indicate hourly rates of individuals involved, number of hours for each component, task or product, and the fee structure for additional work outside of the contract and optional items. Prices shall represent the cost of finished products and cost estimates shall DocuSign Envelope ID: 3318917D-5770-4097-A6BA-B9D98D549197 PGCC 9-18-24
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identify expenditures for graphics, base maps, public meetings and hearing participation, printing, legal notices, postage, mailing, advertising, travel, and other incidental and administrative costs.
A separate price quote shall be provided for Environmental Review and CEQA compliance work.
NOTE: At the City’s discretion, City reserves the right to award separate contracts to differing consultants for the CEQA and the General Plan/Public Participation work. The Consultant’s budget should take this into consideration and state if there will be an impact on the work schedule or budget should the Consultant not be awarded a contract for both the General Plan Update and CEQA work. This statement should appear in the Consultant proposal cover letter.
4. Proposal Evaluations
After the proposals are received, the City shall review and evaluate them for responsiveness to the RFP in order to determine whether the proposer possesses the qualifications necessary for the satisfactory performance of the services required. The City may also investigate qualifications of all proposers to whom the award is contemplated, and the City may request clarifications of proposals directly from one or more proposers.
In reviewing the proposals, the City will consider the following:
• The qualifications (including education, training, licenses, experience and past performance) of the proposer and its agents, employees and sub-consultants in completing projects of a similar type, size and complexity. • The feasibility of the proposal based upon the methodology of the proposed scope of services to meet the City’s needs, the quality of services proposed, and the reasonableness of the total project costs and of the proposed time period over which the work will be completed.
• Understanding of the work to be completed based upon the clarity of the proposal and responsiveness to this RFP.
• Quality, clarity, completeness, and responsiveness of proposal. • Demonstrated ability to work in a cooperative and collaborative manner with clients. • Proposed timeline.
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• Anticipated value and price.
• Perceived risk or lack of risk
• Company financial stability.
• References for each of the primary product(s) and service(s) proposed • Results of interviews, demonstrations, and site visits. • Reasonableness of proposed terms and conditions of draft legal agreement(s) • Ability to negotiate and execute a contract in a timely manner.
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shall be to ensure full understanding of the proposal. Discussions shall be limited to specific sections of the proposal identified by the City and, if held, shall be after initial evaluation of proposals are complete.
If clarifications are made as a result of such discussion, the vendor shall put such clarifications in writing.
5. General Terms and Conditions
5.1 General Conditions
• The City reserves the right to reject any and all proposals, to waive any informality, to request interviews of Contractor(s) prior to award and to select and negotiate the Contract services in the best interest of the City.
• The City reserves the right to accept all or part of any proposal, and to negotiate a contract for services and cost with the selected Contractor. • The Contractor shall provide all necessary personnel, materials and equipment to perform and complete all work under this proposal.
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• The Contractor shall be unbiased and vendor neutral.
• Unless otherwise stated, invoices are to be submitted to the Community Development Department upon delivery of service to the City. The invoice must include an itemization of all services provided, including unit list price, net price, extensions total amount(s) due, and amounts previously paid.
• Unless otherwise stated, payment will be made within thirty (30) days of the completion of the service, in an acceptable fashion, to the City, and receipt of invoice, whichever is later.
• The contract for the services described in the RFP should not be considered exclusive.
As deemed necessary, the City reserves the right to obtain these services from any other vendor.
• Neither party shall be liable for any inability to perform its obligations under any subsequent agreement due to war, riot, insurrection, civil commotion, fire, flood, earthquake, storm or other act of nature.
• Notification of the parties shall be considered to have been constructively received when it is mailed via the United States Postal Service, e-mailed, or delivered in hand to the parties as stated in the contract.
• Proposal shall also mean quotation, bid, offer, qualification/experience statement, and services. Proposers shall also mean vendors, proposer’s, bidders, or any person or firm responding to a Request for Information.
• The City reserves the right to retain all proposals for a period of 60 days for exam and comparison.
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• All contracts entered into by the City of Pacific Grove shall be governed by the Laws of the State of California. Any disputes shall be resolved within the venue of the State of California.
• The proposer may submit an alternative proposal or proposals that it believes will also meet the City’s project objectives, but in a different way. In this case, the proposed must provide an analysis of the advantages and disadvantages of each of the alternatives, and discuss under that circumstances the City would prefer one alternative to the other(s).
• Any documents resulting from the contract will be the property of the City of Pacific Grove, CA.
• Causes for Disqualification:
Any of the following may be considered cause to disqualify a proponent without further consideration: o Evidence of collusion among proponents; o Any attempt to improperly influence any member of the evaluation panel; o A proponent’s default in any operation of a professional services agreement which resulted in termination of that agreement; and/or
o Existence of any lawsuit, unresolved contractual claim, or dispute between proponent and the City.
5.2 Reference Checks
The City of Pacific Grove reserves the right to contact any reference, or any client listed in the documents for information which may be helpful to the City in evaluating the Contractor’s performance on previous assignments.
5.3 Changes to RFP
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Changes to the RFP will be e-mailed to all vendors that submitted a letter of intent to respond. Such changes become an integral part of the RFP for incorporation into any contract awarded pursuant to the RFP.
5.4 Submittal Address
Send proposals to Anastacia Wyatt at [email protected] or mail to:
City of Pacific Grove
Community Development Department
Attn: Anastacia Wyatt 300
Forest Avenue Pacific
Grove, CA 93950
If submitting by mail, please ensure “Focused General Plan Update” is written in the lower left-hand corner of the envelope. Eight bound copies plus one reproducible/faxable unbound copy should be submitted.
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Proposals must be complete and submitted by the due date. Late submissions or delivery via facsimile will not be considered. The City assumes no responsibility for delays caused by delivery service. Postmarking by the due date will not substitute for actual receipt.
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C. ATTACHMENT 1
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(a) CITY OF PACIFIC GROVE PROFESSIONAL SERVICES AGREEMENT This PROFESSIONAL SERVICE AGREEMENT (“PSA”) FOR NON-CONSTRUCTION
PROJECTS
(“Agreement”), is made and effective as of [Insert date], between the City of Pacific Grove (“City”), a municipal corporation and [Insert consultant], [a sole proprietorship, partnership, limited liability partnership, corporation] (“CONSULTANT”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. TERM
This Agreement shall commence on [Insert date] and shall remain and continue in effect until the tasks described herein are completed, but in no event later than [Insert date], unless sooner terminated pursuant to the provisions of this Agreement.
2. SCOPE OF WORK
CONSULTANT shall perform the tasks and services (“Services”) described and set forth in Exhibit A, Scope of Services, attached hereto and incorporated herein as though set forth in full. CONSULTANT shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. To the extent that Exhibit A is a proposal from CONSULTANT, such proposal is incorporated only for the description of the Scope of Services and no other terms and conditions from any such proposal shall apply to this Agreement unless specifically agreed to in writing.
3. PERFORMANCE
CONSULTANT shall at all times faithfully, competently and to the best of their ability, experience, and talent, perform all Services described herein. CONSULTANT shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of CONSULTANT hereunder in meeting their obligations under this Agreement.
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[IF RFP ADD: CONTENTS OF REQUEST FOR PROPOSAL AND PROPOSAL CONSULTANT is bound by the contents of City’s Request for Proposal on file hereto and incorporated herein as Exhibit D, and the contents of the proposal submitted by CONSULTANT, available on file at , hereto and incorporated herein as Exhibit E. In the event of conflict, the requirements of City’s Request for Proposals and this Agreement shall take precedence over those contained in CONSULTANT’s proposals.]
4. CITY MANAGEMENT
The City Manager, or their designee, shall represent City in all matters pertaining to the administration of this Agreement, review and approval of all products submitted by CONSULTANT, but not including the authority to enlarge the Scope of Work or change the compensation due to CONSULTANT. The City Manager shall be authorized to act on City’s behalf
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and to execute all necessary documents that enlarge the Scope of Work or change CONSULTANT’s compensation, subject to Section 6 hereof.
5. PAYMENT
a. The City agrees to pay CONSULTANT monthly, in accordance with the payment rates and terms and the Payment Schedule as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed [Insert amount] dollars ($ .00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement.
b. The City Manager’s contract authority is limited to $39,999.99, which includes all costs. Contracts, including any contract amendments that exceed the total threshold, require City Council approval. Any contracts, including contract amendments that exceed the total threshold, which do not have City Council approval, shall be void.
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c. CONSULTANT shall not be compensated for any Services rendered in connection with its performance of this Agreement that are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager or the City Council. CONSULTANT shall be compensated for any Professional Services Agreement 07.19.2022 additional services in the amounts and in the manner as agreed to by City Manager and CONSULTANT at the time City’s written authorization is given to CONSULTANT for the performance of said services. d. CONSULTANT shall submit invoices monthly for actual Services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for Services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of CONSULTANT’s fees it shall give written notice to CONSULTANT within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. Any final payment under this Agreement shall be made within forty-five (45) days of receipt of an invoice therefore.
6. INSPECTION
City shall at all times have the right to inspect the work and materials. CONSULTANT shall furnish all reasonable aid and assistance required by City for the proper examination of the work and all parts thereof. Such inspection shall not relieve CONSULTANT from any obligation to perform said work strictly in accordance with the specifications or any modifications thereof and in compliance with the law.
7. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon CONSULTANT at least thirty (30) days prior written notice. Upon receipt of said notice, CONSULTANT shall immediately cease all Services under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to CONSULTANT the actual value of the Services performed up to the time of termination,
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provided that the Services performed are of value to the City. Upon termination of the Agreement pursuant to this Section, CONSULTANT will submit an invoice to the City pursuant to Section 6.
8. DEFAULT OF CONSULTANT
a. CONSULTANT’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that CONSULTANT is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating CONSULTANT for any Services performed after the date of default and can terminate this Agreement immediately by written notice to the CONSULTANT. If such failure by the CONSULTANT to make progress in the performance of Services hereunder arises out causes beyond the CONSULTANT’s control, and without fault or negligence of the CONSULTANT, it shall not be considered a default. b. If the City Manager or designee determines CONSULTANT is in default in the performance of any of the terms or conditions of this Agreement, they shall cause to be served upon CONSULTANT a written notice of the default. The CONSULTANT shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event CONSULTANT fails to cure its default within such period of time or fails to present City with a written plan for the cure of the default, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
9. OWNERSHIP OF DOCUMENTS
a. CONSULTANT shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of Services under this Agreement. CONSULTANT shall maintain adequate records of Services provided in sufficient detail to permit an evaluation of Services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.
CONSULTANT shall provide free access to the representatives of City or its designees at reasonable times to such books and records; shall give City the right to examine and audit said books and records; shall permit City to make transcripts or copies therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. If there is a substantial billing deviation DocuSign Envelope ID: 3318917D-5770-4097-A6BA-B9D98D549197 PGCC 9-18-24
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adverse to City, then the cost of an audit shall be borne by CONSULTANT. Such records, together with supporting documents, shall be maintained for a period of five (5) years after receipt of final payment.
b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the Services to be performed pursuant to this Agreement shall become the sole property of City and may be used, reused, or otherwise disposed of by City without the permission of CONSULTANT. With respect to computer files, CONSULTANT shall make available to City, at CONSULTANT’s office and upon reasonable written request by City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, copying and/or printing computer files. CONSULTANT hereby grants to City all right, title, and interest, including any copyright, in and to the documents, designs, drawings, maps, models, computer files, surveys, notes, and other Professional Services Agreement 07.19.2022
documents prepared by CONSULTANT in the course of providing the Services under this Agreement.
10. RECORD AUDIT
In accordance with Government Code, Section 8546.7, for expenditures of greater than $10,000, records of both City and CONSULTANT shall be subject to examination and audit by the Auditor General for a period of three (3) years after final payment.
11. INDEMNIFICATION AND DEFENSE
(b) Indemnity
To the fullest extent permitted by law, CONSULTANT shall indemnify and hold harmless City and any and all of its officers, employees and agents (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs and expenses, including legal counsel’s fees and costs, caused in whole or in part by the negligent or wrongful act, error or omission of CONSULTANT, its officers, agents, employees or subconsultants (or any City or individual that CONSULTANT shall bear the legal liability thereof) in the performance of Services under DocuSign Envelope ID: 3318917D-5770-4097-A6BA-B9D98D549197 PGCC 9-18-24
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this Agreement. CONSULTANT’s duty to indemnify and hold harmless City shall not extend to the City’s sole or active negligence.
(c) Duty to defend
In the event City, its officers, employees, agents and/or volunteers are made a party to any action, lawsuit, or other adversarial proceeding arising from the performance of the Services encompassed by this Agreement, and upon demand by City, CONSULTANT shall defend City at CONSULTANT’s cost or at City’s option, to reimburse City for its costs of defense, including reasonable attorney’s fees and costs incurred in the defense of such matters to the extent the matters arise from, relate to or are caused by CONSULTANT’s negligent acts, errors or omissions. Payment by City is not a condition precedent to enforcement of this indemnity. In the event of any dispute between CONSULTANT and City, as to whether liability arises from the sole or active negligence of the City or its officers, employees, or agents, CONSULTANT will be obligated to pay for City’s defense until such time as a final judgment has been entered adjudicating the City as solely or actively negligent. CONSULTANT will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees and costs of litigation.
12. INSURANCE
CONSULTANT shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit C attached to and part of this Agreement.
13. INDEPENDENT CONSULTANT
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a. CONSULTANT is and shall at all times remain as to City a wholly independent consultant and/or independent contractor. The personnel performing the Services under this Agreement on behalf of CONSULTANT shall at all times be under CONSULTANT’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of CONSULTANT or any of CONSULTANT’s officers, employees, or agents, except as set forth in this Agreement. CONSULTANT shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of City. CONSULTANT shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner.
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b. No employee benefits shall be available to CONSULTANT in connection with the performance of this Agreement. Except for the fees paid to CONSULTANT as provided in the Agreement, City shall not pay salaries, wages, or other compensation to CONSULTANT for performing Services hereunder for City. City shall not be liable for compensation or indemnification to CONSULTANT for injury or sickness arising out of performing Services hereunder.
14. LEGAL RESPONSIBILITIES
CONSULTANT shall keep itself informed of State and Federal laws and regulations that in any manner affect those employed by it or in any way affect the performance of its Services pursuant to this Agreement. CONSULTANT shall at all times observe and comply with all such laws and regulations. City, and its officers, employees, and agents shall not be liable at law or in equity occasioned by failure of the CONSULTANT to comply with this Section.
15. UNDUE INFLUENCE
CONSULTANT declares and warrants that no undue influence or pressure was used against or in concert with any officer, employee or agent of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer, employee or agent of City has or will receive compensation, directly or indirectly, from CONSULTANT, or from any officer, employee or agent of CONSULTANT, in connection with the award of this Agreement or any Services to be performed as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling City to any and all remedies at law or in equity.
16. NO BENEFIT TO ARISE TO CITY OFFICERS AND EMPLOYEES
No officer, employee of City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Services performed under the Agreement during their tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Services performed under this Agreement.
17. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
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a. All information gained by CONSULTANT in performance of this Agreement shall be considered confidential and shall not be released by CONSULTANT without City’s prior written authorization. CONSULTANT, its officers, employees, agents, or subconsultants, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this
Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered “voluntary” provided CONSULTANT gives City notice of such court order or subpoena. b. CONSULTANT shall promptly notify CITY should CONSULTANT, its officers, employees, agents, or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request (“Discovery”), court order, or subpoena from any person or party regarding this Agreement and the work performed there under or with respect to any project or property located within the City, unless City is a party to any lawsuit, arbitration, or administrative proceeding connected to such Discovery, or unless CONSULTANT is prohibited by law from informing City of such Discovery. City retains the right, but has no obligation, to represent CONSULTANT and/or be present at any deposition, hearing, or similar proceeding as allowed by law. Unless City is a party to the lawsuit, arbitration, or administrative proceeding and is adverse to CONSULTANT in such proceeding, CONSULTANT agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by CONSULTANT.
However, City’s right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. [Note: The following paragraph is only to be used when the City will be taking in a fee or deposit from an applicant and uses those funds to retain the CONSULTANT to prepare an EIR, Specific Plan, or some other specific document or where the City is funding a similar development-type study. c. [CONSULTANT covenants that neither CONSULTANT nor any officer or principal of their firm have any interest in, or shall acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of their Services hereunder. CONSULTANT further covenants that in the performance of this Agreement, no person having such interest shall be employed by them as an officer, employee, agent, or sub- consultant. CONSULTANT further covenants that CONSULTANT has not contracted with nor is performing any Services, directly or indirectly, with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City or the study area and further covenants and agrees that CONSULTANT and/or its DocuSign Envelope ID: 3318917D-5770-4097-A6BA-B9D98D549197 PGCC 9-18-24
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subconsultants shall provide no service or enter into any agreement or agreements with a/any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City or the study area prior to the completion of the Services under this Agreement.]
d. If City determines CONTRACTOR comes within the definition of Contractor under the Political Reform Act (Government Code §87100 et seq.), CONTRACTOR shall complete and file and shall require any other person doing Work under this Agreement to complete and file a “Statement of Economic Interest” with CITY disclosing CONTRACTOR’s and/or such other person’s financial interests.
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18. DISCRIMINATION
CONSULTANT agrees that in the performance of this Agreement, neither CONSULTANT nor any person acting on CONSULTANT’s behalf shall discriminate against any person on the basis of race, religious creed, color, national origin, ancestry, disability, medical condition, genetic information, marital status, sexual orientation, sex, gender identity, gender expression, military or veteran status or age.
19. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, by first class mail, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:
To City: [Insert City Employee] City of Pacific Grove 300 Forest Avenue Pacific
Grove, CA 93950
Attention: City Clerk
To CONSULTANT:
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Notice is effective on the date of personal service, or 5 days following deposit in a United States mailbox, or date of postmark. The parties may agree to service by email.
20. THIRD PARTY BENEFICIARIES
Nothing contained in this Agreement shall be construed to create, and the parties do not intend to create, any rights in third parties.
21. ASSIGNMENT
CONSULTANT shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of CITY. Because of the personal nature of the Services to be rendered pursuant to this Agreement, only CONSULTANT shall perform the Services described in this Agreement. CONSULTANT may use assistants, under their direct supervision, to perform some of the Services under this Agreement.
[If specific to Consultant, add: CONSULTANT shall provide City fourteen (14) days’ notice prior to the departure of [Insert name of particular person with expertise] from CONSULTANT’s employ. Should [insert name] leave CONSULTANT’s employ, City shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period.
Upon termination of this Agreement, CONSULTANT’s sole compensation shall be payment for actual Services performed up to, and including, the date of termination or as may be otherwise
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agreed to in writing between City and the CONSULTANT. Before retaining or contracting with any sub-consultant for any Services under this Agreement, CONSULTANT shall provide City with the identity of the proposed sub-consultant, a copy of the proposed written contract between CONSULTANT and such sub-consultant, which shall include and indemnity provision similar to the one provided herein and identifying City as an indemnified party, or an incorporation of the indemnity provision provided herein, and proof that such proposed sub-consultant carries insurance at least equal to that required by this Agreement or obtain a written waiver from City for such insurance.]
22. LICENSES
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At all times during the term of this Agreement, CONSULTANT shall have in full force and effect, all licenses required of it by law for the performance of the Services described in this Agreement. CONSULTANT shall obtain a valid City Business License and shall maintain said Business License for the term of this Agreement and any extensions.
23. GOVERNING LAW
City and CONSULTANT understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in Monterey County, or federal district court with jurisdiction over City.
CONSULTANT agrees not to commence or prosecute any dispute arising out of or in connection with this Agreement other than in the aforementioned courts and irrevocably consents to the exclusive personal jurisdiction and venue of the aforementioned courts.
24. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to their obligations described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written and pertaining to the subject of this Agreement or with respect to the terms and conditions of this Agreement, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material. No amendment shall be valid unless in writing, executed by both parties.
25. DISPUTE RESOLUTION; ATTORNEY’S FEES
CONSULTANT shall continue to perform under this Agreement during any dispute.
CONSULTANT and City hereby agree to make good faith efforts to resolve disputes as quickly as possible. In the event any dispute arising from or related to this Agreement results in litigation or arbitration, the prevailing party shall be entitled to recover all reasonable costs incurred, including court costs, attorney fees, expenses for expert witnesses (whether or not called to testify), expenses for accountants or appraisers (whether or not called to testify), and other related expenses.
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Recovery of these expenses shall be as additional costs awarded to the prevailing party, and shall not require initiation of a separate legal proceeding.
26. WORK SCHEDULED/TIME OF COMPLETION
City and CONSULTANT agree that time is of the essence in this Agreement.
27. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of CONSULTANT warrants and represents that they have the authority to execute this Agreement on behalf of the CONSULTANT and have the authority to bind CONSULTANT to the performance of its obligations hereunder.
28. INTERPRETATION OF CONFLICTING PROVISIONS
In the event of any conflict or inconsistency between the provisions of this Agreement and the Provisions of any exhibit or other attachment to this Agreement, the provisions of this Agreement shall prevail and control.
29. SEVERABILITY
If any term of this Agreement is held invalid by a court of competent jurisdiction or arbitrator the remainder of this Agreement shall remain in effect.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
CITY OF PACIFIC GROVE CONSULTANT
By: By: Department Director Consultant
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Date: Date:
By: By:
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City Manager or Mayor City Administrative Services Department Date: Date:
Approved As To Form:
City Attorney
Date
Attachments: Exhibit A Scope of Services
Exhibit B Payment Schedule
Exhibit C Insurance Requirements
[Exhibit D Request for Proposal]
[Exhibit E Consultant’s Proposal]
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(d) EXHIBIT A
SCOPE OF
SERVICES
(e) EXHIBIT B
PAYMENT SCHEDULE
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City of Pacific Grove
(f) EXHIBIT C
INSURANCE
REQUIREMENTS
Without limiting CONSULTANT’s indemnification of City, and prior to commencement of Work, CONSULTANT shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
General liability insurance. CONSULTANT shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than
$1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
Automobile liability insurance. CONSULTANT shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than
$1,000,000 combined single limit for each accident.
Professional liability (errors & omissions) insurance. CONSULTANT shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and CONSULTANT agrees to maintain continuous coverage through a period no less than three (3) years after completion of the Services required by this Agreement.
Note: May need to delete workers’ compensation and employer’s liability insurance requirements for certain sole proprietorships, partnerships, or corporations without employees.
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Workers’ compensation insurance. CONSULTANT shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
CONSULTANT shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees and volunteers.
Umbrella or excess liability insurance. [Optional depending on limits required]. CONSULTANT shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer’s liability.
Such policy or policies shall include the following terms and conditions:
• A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall “follow form” to the underlying primary policies; and City of Pacific Grove
• Insureds under primary policies shall also be insureds under the umbrella or excess policies.
(g) Other provisions or requirements
Proof of insurance. CONSULTANT shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
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Duration of coverage. CONSULTANT shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by CONSULTANT, his agents, representatives, employees or subconsultants.
Primary/noncontributing. Coverage provided by CONSULTANT shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it.
The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by CONSULTANT or City will withhold amounts sufficient to pay premium from CONSULTANT payments. In the alternative, City may cancel this Agreement.
Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, employees and volunteers or shall specifically allow CONSULTANT or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss.
CONSULTANT hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
Enforcement of contract provisions (non estoppel). CONSULTANT acknowledges and agrees that any actual or alleged failure on the part of the City to inform CONSULTANT of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
City of Pacific Grove
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Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, employees, agents, and volunteers shall be additional insureds under such policies.
This provision shall also apply to any excess/umbrella liability policies.
Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any crossliability exclusions.
Pass through clause. CONSULTANT agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by CONSULTANT, provide the same minimum insurance coverage and endorsements required of CONSULTANT. CONSULTANT agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section.
CONSULTANT agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review.
City’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the CONSULTANT ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the CONSULTANT, the City and CONSULTANT may renegotiate CONSULTANT’s compensation.
Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a DocuSign Envelope ID: 3318917D-5770-4097-A6BA-B9D98D549197 PGCC 9-18-24
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deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
Timely notice of claims. CONSULTANT shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from CONSULTANT’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
City of Pacific Grove
Additional insurance. CONSULTANT shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
City of Pacific Grove
(h) EXHIBIT D
REQUEST FOR PROPOSAL
City of Pacific Grove
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(i) EXHIBIT E
CONSULTANT’S PROPOSAL
City of Pacific Grove
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EXHIBIT E
CONSULTANT’S PROPOSAL
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Professional Services Agreement 07.19.2022
2511 Garden Road, Suite C-250
Monterey, California 93940
831-333-0310
March 6, 2023
Anastacia Wyatt, Community Development Director
City of Pacific Grove Community Development Department
300 Forest Avenue
Pacific Grove, California 93950
Subject: Focused General Plan Update Supplemental Proposal Information - Additional Housing Element Support Services and General Plan Fiscal Year Budget
Dear Ms. Wyatt:
At City staff’s request we have prepared a supplement to our proposal for the Focused General Plan Update. This supplement includes a scope of work and budget to support the City of Pacific Grove with housing element update services. In addition, this supplement includes information about the proposed General Plan budget. The proposed housing element update scope of work and budget would augment the proposal for the Pacific Grove Focused General Plan Update.
We have assembled a team of highly skilled planning and housing professionals with extensive experience in both the technical and policy aspects of Housing Element updates and General Plan requirements. We are proud of our team’s ability to work effectively with City staff, decision-makers and the California Department of Housing and Community Development (HCD) to develop innovative approaches and solutions aimed at achieving a substantially compliant Housing Element. Rincon has completed or is currently preparing 6th Cycle Housing Element updates for over 30 jurisdictions in the AMBAG, SANDAG, SCAG, ABAG, Kern COG, MCAG, TCAG, and StanCOG regions.
In addition to our experience, we are partnered with Veronica Tam and Associates, Inc. (VTA), a wellrecognized consulting firm with unparalleled experience in housing planning and community development. VTA has worked on more than 30 6th Cycle housing elements, providing valuable experience with the California Department of Housing and Community Development’s (HCD’s) interpretation of new state laws. Rincon and VTA are currently working together on the City of Marina and City of Bakersfield’s 6th Cycle Housing Element Updates and have worked together on 16 other housing element updates.
The scope of work included in this proposal is based upon Rincon’s experience and expertise preparing 6th Cycle Housing Element updates for multiple jurisdictions, taking into account a reasonable, likely course of action.
Unforeseen or unusual circumstances that may occur could alter the scope of work and require additional coordination, data gathering and analysis.
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www.rinconconsultants.com
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City of Pacific Grove
Focused General Plan Proposal Supplement
2 We are confident that the Rincon team will continue to meet the needs of the City, and we welcome an opportunity to meet with you to further discuss our proposal. Please do not hesitate to contact us if you have questions about this proposal or require additional information. Sincerely, Rincon Consultants, Inc.
Kimiko Lizardi, Principal Richard Daulton, Executive Vice President [email protected] [email protected]
Contact for Clarification Authorized to contractually obligate and negotiate on behalf of Rincon Consultants, Inc.
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Rincon Consultants, Inc. Page
Contents
1 Housing Element Project Understanding ................................................................................................. 5 2 Housing Element Scope of Work.............................................................................................................. 7
2.1 Draft 6th Cycle Housing Element Review ...................................................................................... 7
2.1.1 Initiation Meeting ........................................................................................................... 7
2.1.2 Review Documents and Strategy for Housing Element Update ....................................... 7
2.1.3 Scope/Budget and Schedule Updates ............................................................................ 7
2.2 Housing Element Update ............................................................................................................ 8
2.2.1 Evaluation of Past Accomplishments ............................................................................. 8
2.2.2 Housing Needs Assessment and Housing Constraints .................................................... 8
2.2.3 Housing Sites ................................................................................................................. 9
2.2.4 Housing Resources ....................................................................................................... 11
2.2.5 Affirmatively Furthering Fair Housing ........................................................................... 11
2.2.6 Housing Goals, Quantified Objectives and Policies (Housing Plan) ................................. 12
2.2.7 Draft Housing Element (2023 – 2031) .............................................................................13
2.3 Community Engagement ...........................................................................................................13
2.3.1 Record of Engagement..................................................................................................13
2.3.2 Virtual Stakeholder Interviews (Allowance) ................................................................... 14
2.3.3 Targeted Engagement (Allowance) ............................................................................... 14
2.3.4 Public Workshop ...........................................................................................................15
2.4 GIS Support Services .................................................................................................................15
2.4.1 GIS Support Services Site ..............................................................................................15
2.4.2 GIS Support Services Engagement ................................................................................15
2.5 Public Hearings and Study Session ............................................................................................16
2.5.1 Virtual Study Session ....................................................................................................16
2.5.2 Public Hearings .............................................................................................................16
2.6 Housing Element Project Management ...................................................................................... 17 3 Housing Element Team Organization ..................................................................................................... 18
3.1 Team Organization ................................................................................................................... 18 4 Housing Element Schedule .................................................................................................................... 19 5 Cost Estimate Summary ........................................................................................................................ 20 DocuSign Envelope ID: 3318917D-5770-4097-A6BA-B9D98D549197 PGCC 9-18-24
City of Pacific Grove
Focused General Plan Proposal Supplement
4 5.1 Cost Estimate Housing Element ............................................................................................... 20
5.2 Housing Element Fiscal Year Cost Analysis ............................................................................... 20
5.3 Focused General Plan Update Fiscal Year Breakdown by Subtask ............................................. 20
5.4 Focused General Plan Update + Housing Element By Fiscal Year – Summary Tasks .................. 20
5.5 Focused General Plan Update Budget Alternatives ................................................................... 20
5.6 Total Focused General Plan + Housing Element Fee Proposal Amended ................................... 21 6 Appendix A – Housing Element Update Data Needs .................................................................................. 2
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1 Housing Element Project Understanding
We understand the City of Pacific Grove previously retained a consultant to prepare the 6th Cycle Housing Element Update, but that work has not been completed. The City requires additional services to support the 6th Cycle Housing Element Update building on the initial work completed by the City’s former housing element consultant and the activities that have been completed to date.
Rincon has not had the opportunity to review any of the housing element materials prepared by the City’s former housing element consultant. For purposes of this proposal, our scope of work assumes the following based on initial discussions with City staff:
• The Sites Inventory is stable – having been vetted through an adequate community engagement process and prepared in accordance with HCD site feasibility guidance and criteria for site selection during the 6th Cycle. HCD representatives have visited Pacific Grove to tour the City and better understand the physical conditions that constrain housing site opportunities.
• The City and City’s consultant conducted a robust and adequate community engagement process designed to satisfy HCD requirements to inform the 6th Cycle Housing Element Update and local knowledge to support the fair housing analysis. All of the advertisements/dates of the meetings/interviews, presentation materials, input received, etc. can and will be provided to the Rincon team.
• Adequate data to inform the preparation of the Housing Element (see Appendix A for a standard data request for 6th Cycle Housing Elements) has been assembled and will be provided to the Rincon team. • The City has retained another consultant to prepare the CEQA documentation for the Housing Element Update.
While our scope assumes the above, we have included a task to support minor adjustments to the sites inventory and targeted engagement activities to continue the engagement process through the preparation and adoption of the Housing Element by the Pacific Grove City Council as further detailed in Section 2.
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City of Pacific Grove
Focused General Plan Proposal Supplement
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What’s New in 6th Cycle
Local jurisdictions are facing significant and challenging decisions to meet the new 6th Cycle Housing Element requirements including new State laws on adequate sites, non-governmental constraints, fair housing, and housing element update processes as well as increased scrutiny and standards of review from the California Department of Housing and Community Development (HCD).
This cycle has also seen dramatic increases in Regional Housing Needs Allocation (RHNA) requirements while available land and sites identification requirements become more stringent. In the past, housing elements were focused on demonstrating that zoning could accommodate additional housing to meet the RHNA, but this cycle requires a detailed demonstration through local and regional trends and more robust site adequacy analysis that proposed RHNA sites will likely be developed within the next eightyear planning period. This sites adequacy analysis must take into consideration:
• No net loss of capacity when sites are developed;
• continued ability to meet the RHNA by income group;
• stringent standards for assessing feasibility when reusing vacant and underutilized sites that have been previously included in the 5th Cycle Housing Element; and demonstrated trends of development.
In addition, the 6th Cycle Housing Element update requires greater emphasis and commitment to significant and meaningful change and correction of fair housing issues. California Government Code Section 8899.50 requires local agencies to affirmatively further fair housing (AFFH). Under California law, AFFH means “taking meaningful actions, in addition to combatting discrimination, that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics.” Government Code Section 8899.50 stipulates that an assessment of fair housing (AFH) includes the following components:
• A summary of fair housing issues in the jurisdiction and an assessment of the jurisdiction’s fair housing enforcement and fair housing outreach capacity;
• an analysis of available federal, state, and local data and knowledge to identify integration and segregation patterns and trends, racially or ethnically concentrated areas of poverty, disparities in access to opportunity, and disproportionate housing needs within the jurisdiction, including displacement risk; • an assessment of the contributing factors for the fair housing issues identified under the Government Code; • an identification of the jurisdiction’s fair housing priorities and goals, giving highest priority to those factors that limit or deny fair housing choice or access to opportunity, or negatively impact fair housing or civil rights compliance, and identifying the metrics and milestones for determining what fair housing results will be achieved; and
• strategies and actions to implement those priorities and goals, which may include, but are not limited to, enhancing mobility strategies, and encouraging development of new affordable housing in areas of opportunity, as well as place-based strategies to encourage community revitalization, including preservation of existing affordable housing, and protecting existing residents from displacement.
Through our experience in other regions preparing AFFH analyses consistent with HCD’s Affirmatively Furthering Fair Housing Guidance for All Public Entities and for Housing Elements (AFFH Guidance Memo), we have learned the importance of gaining local area knowledge to support a more thorough understanding of fair housing issues including why the problems exist and why they persist. In addition, the process of housing sites identification needs to also include an analysis of whether the sites identified serve the purpose of replacing segregated living patterns with truly integrated and balanced living patterns, transforming racially and ethnically concentrated areas of poverty into areas of opportunity. The AFFH analysis must also include meaningful actions that demonstrate how each jurisdiction is doing its part to combat fair housing issues at the local level. Ensuring community engagement reaches priority populations who are often underrepresented and most negatively affected by fair housing issues is a critical element of the community engagement process.
Rincon Consultants, Inc. Page
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City of Pacific Grove
Focused General Plan Proposal Supplement
8 2 Housing Element Scope of Work
2.1 Draft 6th Cycle Housing Element Review
2.1.1 Initiation Meeting
[Rincon lead, VTA]
The Rincon team will meet virtually with City staff to exchange information and to initiate work on the Housing Element Update. During the meeting, the team will review the overall scope and discuss schedule and data needs.
Deliverables
• Agenda and Meeting Notes
2.1.2 Review Documents and Strategy for Housing Element Update
[Rincon lead, VTA]
During this task the team will review the 6th Cycle Housing Element update materials, data/documents provided by the City, including any community engagement efforts to familiarize ourselves with the status of the project. As necessary, the Rincon team will provide a more formal data request to help the City in compiling necessary data and documents. During this review, the Rincon team will identify and outline any data deficiencies/gaps, additional analysis and engagement efforts, if any, needed to support completion of the 6th Cycle Housing Element Update. Rincon will also describe a recommended strategy to move forward with the Housing Element Update to ensure City staff is clear on any of the potential challenges to schedule and/or with the overall update process.
Assumptions
• City staff will provide access to materials and documents need to conduct a thorough review Deliverables
• Data Request
• Memorandum Strategy for Housing Element Update
2.1.3 Scope/Budget and Schedule Updates
[Rincon lead, VTA]
This task includes, as necessary, any refinements to the scope, budget or schedule required following discussion and any needs identified during Task 2.1.2.
Deliverables
• Scope/Budget and Schedule Updates, as necessary
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2.2 Housing Element Update
2.2.1 Evaluation of Past Accomplishments
[VTA lead, Rincon]
Veronica Tam and Associates (VTA) will lead the preparation of the Evaluation of Past Accomplishments. VTA will evaluate the City’s progress in implementing the 2015-2023 Housing
Element. VTA will review the City’s Housing Element Annual Progress Reports as a starting point for this evaluation and will provide an assessment of the effectiveness of the prior housing element’s goals and programs. VTA will also interview staff to discuss the initial findings and obtain additional insight
regarding the effectiveness of the programs. VTA will compile the evaluation in a matrix format, including a brief discussion of the policy/program, an evaluation of progress and an initial recommendation on the appropriateness of the goal/program to carry forward into the updated 6th Cycle Housing Element
Deliverables
• Draft Memorandum Evaluation of Past Accomplishments of the 2015-2023 Housing Element (word) • Final Memorandum Evaluation of Past Accomplishments of the 2015-2023 Housing Element (word and PDF)
2.2.2 Housing Needs Assessment and Housing Constraints
[VTA lead, Rincon]
Housing Needs Assessment
VTA will lead the preparation of the Housing Needs Assessment. The Housing Needs Assessment will contain the following topics to satisfy Government Code Section 65583(a) requirements:
a) demographics, income, and employment trends; b) household characteristics; c) housing stock characteristics; d) at-risk housing analysis; and analysis of special housing needs. We will utilize a variety of data sources to update the City’s Housing
Element needs assessment. These include ACS, 2020 Census, Department of Finance population and housing estimates, State Employment Development Department labor statistics, and housing market data, among others.
What’s New in 6th Cycle
The review of past accomplishments must
include a discussion of the City’s
cumulative impact on addressing the
housing needs of special populations.
What’s New in 6th Cycle
HCD requires specific information on
farmworker populations (including
seasonal and migrant farmworkers).
American Community Survey (ACS) data is
not adequate to address this
requirement. If local farmworker
population is not available, HCD will
accept county-level, USDA Agricultural
Census data. HCD also requires specific
information on the
jurisdictions housing stock conditions
based on local knowledge. ACS data on
age of structure and availability of
plumbing and heating facilities is not
considered adequate.
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Focused General Plan Proposal Supplement
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Housing Constraints
VTA will lead the preparation of the Housing Constraints section. The Housing Constraints section will identify potential governmental and non-governmental constraints to housing production, including environmental and infrastructural constraints. This analysis must contain a review of factors that may potentially constrain the
development, improvement, and preservation of housing
in City of Pacific Grove. Factors to be reviewed include market, governmental, environmental, and infrastructural constraints.
The City’s 6th Cycle Housing Element will be updated to meet new state law requirements. Additional
impediments may be identified based on discussions with staff and community stakeholders.
Assumptions
• City staff will provide one set of consolidated
comments on the Administrative Draft Housing
Needs Assessment and Housing Constraints sections
• The revised draft Housing Needs Assessment and
Housing Constraints sections will be incorporated
into the Screencheck Draft Housing Element in Task
2.2.7. Deliverables
• Administrative Draft Housing Needs Assessment and
Housing Constraints sections (word)
2.2.3 Housing Sites
Site Inventory Review
[Rincon lead, VTA]
Rincon will review the Sites Inventory prepared by the previous housing element consultant. We understand that the City and City’s consultant used Balancing Act to engage with the public on the sites selection process. The scope of this task assumes that the Rincon team’s efforts will largely be focused on supporting the Site
Inventory through data review to inform preparation of the Housing Resources section and other sections of the Housing Element Update.
This task assumes that the Sites Inventory is stable and that the sites identified have been vetted through an adequate community engagement process and are consistent with State Housing Element law and HCD’s Completeness Review Checklist. This means that the Sites Inventory should be considered adequate to address the following required analyses:
• Affirmatively Furthering Fair Housing –an evaluation of the sites to determine how they meet AFFH requirements, including that they are located throughout the community in a manner that has the ability to affirmatively further an increase in fair housing.
What’s New in 6th Cycle
• State Legislation:
o Assembly Bill (AB) 101 – Low Barrier
Navigation Centers o AB 139 – Parking
standards for emergency shelters
o AB 2162 – Supportive housing meeting
specific criteria and located within 0.5 miles
from transit
o AB 1762, SB 1227, and AB 2345 – Density
Bonus o SB 35 and objective
development standards
• Compliance with transparency in development
regulations
• Non-governmental constraints – assessment of
NIMBYism, lending practices, shortage of labor,
and other economic factors
• HCD new policy direction to address the
provision of large residential care for seven or
more persons
What’s New in 6th Cycle
State law pertaining to adequate site
requirements (AB 1397 and SB 166) has
changed. AB 1397 places higher standards
on the reuse of sites, reliance on
nonvacant sites and extreme sizes of sites
(too small and too large). SB 166 requires
a no-net loss accounting that necessitates
a sites inventory with a comfortable
buffer (typically 15-30 percent).
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• Non-vacant site analysis – an analysis of non-vacant sites to address a portion of the RHNA. This analysis should analyze realistic development potential within the planning period by considering the extent that a non-vacant site’s existing use impedes additional residential development, the jurisdiction’s past experience converting existing uses to higher density residential development, market trends and conditions.
• Local housing trends - an analysis using anticipated and actual project densities to project and substantiate assumed future development yields of proposed RHNA sites. This step assumes that reliance on documentation provided by City staff to compare the maximum zoning density to the actual project yield, including percentage and types of affordable units from development projects built, approved or under review during the 5th Cycle period. This step is also typically informed by input from residential developers obtained during community engagement to support estimated residential capacities on proposed RHNA sites.
• Infrastructure constraints – this analysis assumes discussions have occurred with appropriate utility providers to determine if parcels included in the sites inventory have sufficient access to water, sewer and dry utilities and adequate capacity to support housing development. This analysis typically relies on City staff to support the review of existing plans and programs and to support the consultant in identifying any potential limitations or constraints and improvements necessary to support housing development on the identified sites. This does not typically include technical infrastructure analyses.
If the site inventory is not adequate to support the required analyses and will require significant revision, including the identification of additional or replacement sites, the scope, budget and schedule will need to be revaluated.
Assumptions
• This task assumes that the Site Inventory will be provided in both GIS and excel formats. • Rincon will not edit/clean up any parcel or base data. • As stated previously, this task assumes Rincon can rely on a Draft Sites Inventory prepared by the previous housing element consultant.
Sites Working Session
[Rincon lead, VTA]
The Rincon team will participate in a virtual working session with City staff to ensure a clear understanding of the Sites Inventory and any accompanying assumptions. This session is anticipated to be up to two hours.
Deliverables
• Agenda and Meeting Notes
Sites Adjustment (Allowance)
[Rincon lead, VTA]
While the above tasks assume that the Sites Inventory is stable, we have included an allowance for some minor adjustments to the Sites Inventory. This includes up to 32 hours for the Rincon team to adjust assumptions or sites assuming that the majority of the sites can be used. Rincon will not proceed with this task unless mutually agreed upon with City staff and based on a clear understanding of the work needed to support any Sites Inventory adjustments. This task assumes one round of review by City staff of an adjusted Sites Inventory.
Deliverables
• Draft Sites Inventory Adjustment
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Focused General Plan Proposal Supplement
Rincon Consultants, Inc. Page 12
• Final Sites Inventory Adjustment
2.2.4 Housing Resources
[Rincon lead, VTA]
This task includes preparation of the Housing Resources section. The Housing Resources section will include a discussion of the following:
• Future housing needs, including a discussion of the RHNA requirement and planned or approved units and Accessory Dwelling Units (RHNA credit);
• Residential sites inventory, including methodology, site suitability, realistic development capacity and adequacy in meeting RHNA;
• Availability of infrastructure and services; and
• Financial resources for affordable housing.
Assumptions
• City staff will provide one set of consolidated comments provided on the Administrative Draft Housing Resources section
• The revised draft Housing Resources section will be incorporated into the Screencheck Draft Housing Element in Task 2.2.7
Deliverables
• Administrative Draft Housing Resources Section (word)
2.2.5 Affirmatively Furthering Fair Housing
[Rincon lead, VTA]
Rincon will prepare the AFFH analysis and will incorporate it as a new appendix. The AFFH analysis will address fair housing issues, identify contributing factors, develop goals and actions, and review prior goals and actions. Fair housing issues to be assessed include review of fair housing enforcement and capacity, segregation and integration, racially/ ethnically concentrated areas of poverty, access to opportunity, and disproportionate housing needs and
displacement risk. Analysis will consider local and regional patterns and trends, and local data and knowledge gathered through effective community engagement, assumed to have been completed by the previous housing element consultant. The Project Team has worked closely with HCD to fulfill the new and extensive AFFH guidance and HCD requirements.
Assumptions
• City staff will provide one set of consolidated comments on the Administrative Draft AFFH section • The revised Draft Housing Resources section will be incorporated into the Screencheck Draft Housing Element in Task 2.2.7
Deliverables
What’s New in 6th Cycle
The federal AFFH rule requires the
jurisdiction to take “deliberate action to
explicitly address, combat, and relieve
disparities resulting from past and
current patterns of segregation to foster
more inclusive communities.” AB 686
extended this AFFH requirement to cities
and counties in California. Cities must
incorporate fair housing issues, analysis,
goals, and actions when updating their
housing element.
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• Administrative Draft Housing Resources Section (word)
2.2.6 Housing Goals, Quantified Objectives and Policies (Housing Plan)
Administrative Draft
[VTA lead, Rincon]
VTA will lead preparation of the housing goals, policies, and quantified objectives. Based upon the analyses and research conducted in the previous tasks, VTA will update the housing programs. For each program included in the Housing
Element, VTA will establish the timeframe for
implementation, specific objectives, funding sources, and responsible agencies. The programs will satisfy requirements of Government Code Sections 65583(b) and (c).
Assumptions
• City staff will provide one set of consolidated comments provided on the Administrative Draft Housing Plan
section.
• The revised draft Housing Plan will be incorporated into the Screencheck Draft Housing Element in Task 2.2.7.
Deliverables
• Administrative Draft Housing Plan Section (word)
Programs Working Session
[VTA lead, Rincon]
The Rincon team will participate in a virtual working session with City staff to review the proposed programs in the Administrative Draft Housing Plan. This session is anticipated to be up to two hours.
Deliverables
• Agenda and Meeting Notes
2.2.7Draft Housing Element (2023 – 2031)
[Rincon lead, VTA]
What’s New in 6th Cycle
State laws require the Housing Plan include specific
programs:
• By-right approval of reuse sites if 20 percent is
set aside for affordable housing
• Replacement housing for development on sites
with existing uses
• Monitoring of no net loss
• Incentives to facilitate ADU development
• SB 35 and objective development standards
• AFFH meaningful actions to promote housing
mobility, access to opportunity, reduce
displacement, provide fair housing outreach and
enforcement, and implement placebased
neighborhood improvements.
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Focused General Plan Proposal Supplement
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Rincon will compile the sections from previous tasks
and prepare the following versions of the Draft Housing Element 2023-2031
• Screencheck Draft Housing Element for staff
review
• Public Review Draft for public and City Council
review
• HCD Review Draft
Since individual sections of the Screencheck Draft
Housing Element will be reviewed under previous
tasks, this task assumes minimal revisions to the
Administrative Draft Housing Element to prepare the
public review version of the document.
During HCD’s review the Rincon team will work to
address all HCD comments. We will communicate with
HCD and facilitate review of the revisions via revised
pages. All revisions made to the Draft Housing Element
will be shown as tracked
changes. The goal is to secure a Finding of Substantial Compliance on the Draft Element before proceeding to adoption. This task includes no more than three rounds of HCD review. For purposes of this scope, we have assumed the comments from HCD will not introduce new substantive issues or concerns at each round and that there will have been a description or discussion of the items during previous rounds of review.
Deliverables
• Screencheck Draft Housing Element (word)
• Public Review Draft Housing Element (word and PDF)
• HCD Review Draft (word and PDF)
2.3 Community Engagement
2.3.1 Record of Engagement
[Rincon]
One of the most critical aspects of the Housing Update
Element process is the public participation process. The Housing Element, and the newly added AFFH analysis, relies heavily upon local knowledge to supplement and better understand the data and housing issues at hand, as well as, creating the programs that work best to serve local and regional needs. As stated in previous sections and in the Project Understanding, our scope assumes that the community engagement that has been conducted to date is adequate to support the analysis required for the Housing Element Update. This task includes summarizing that engagement within the Housing Element Update document. This task assumes that City staff will assist Rincon in pulling together all necessary records of engagement.
What’s New in 6th Cycle
AB 215 passed in 2021 (effective January 1, 2022)
changes the public review process for the Housing
Element.
• Draft Housing Element must be available for a
30-day review period prior to submitting for HCD
review
• If comments are received, the City must take at
least 10 business days to address the comments
prior to submitting to HCD for review
• HCD review of the Draft Housing Element is
extended to 90 days (from the 60-day review under
old law)
What’s New in 6th Cycle?
AB 686 (Affirmatively Furthering Fair
Housing) passed in 2017 requires that the
outreach activities be informed by AFFH
characteristics.
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Assumptions
• City staff will provide Rincon will all necessary records of engagement conducted to date for the 6th Cycle Housing Element Update, including input from any stakeholder interviews Deliverables
• Summary of engagement activities included in the Screencheck Draft Housing Element (word) in Task 2.27
2.3.2 Virtual Stakeholder Interviews (Allowance)
[Rincon]
Engagement of and input from local advocacy groups, minority and special needs populations, and housing developers are important to the Housing Element update (and required by HCD).
In Task 2.3.1 we will work closely with City staff to identify stakeholders that the City and/or their previous housing element consultant has already interviewed and/or interacted with. Typically, this stakeholder group would include a broad cross-section of the community so that the consultation list includes market rate developers, affordable housing developers and fair housing advocates, and community-based organizations.
This task includes an allowance for additional interviews with key stakeholders. It is assumed that most of the input and feedback needed from these groups was already obtained by the City and the housing element consultant during previous engagement activities. However, additional information may be needed to support the analysis described in previous tasks.
Assumptions
• City staff will provide the list of key stakeholders already assembled and interviewed to date • City staff will help in identifying any additional stakeholders that may need to be contacted • See also Task 2.3.1
Deliverables
• An allowance for up to 10-12 interviews (assumes interviews are approximately a half hour in length) • Summary of stakeholder input
2.3.3 Targeted Engagement (Allowance)
[Rincon]
This task includes an allowance for one informal, in-person engagement. This could include a pop-up event, a focus group meeting or another similar activity. This allowance was provided to support an additional, informal engagement touchpoint during the Housing Element Update process. This activity is anticipated to occur prior to the release of the Public Draft Housing Element Update. Rincon will coordinate with City staff on the details of this event.
Assumptions
• City staff will provide any materials/equipment needed to support the event such as tables, booth materials. Etc.
• City staff will secure the venue, as needed
• Includes attendance by two staff from Rincon
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• City staff will handle all necessary notifications
Deliverables
• One informal, in-person engagement activity
• Workshop handouts, boards or interactive activity
2.3.4 Public Workshop
[Rincon]
We propose one in-person workshop to engage with community residents, agencies, and key stakeholders during the public review period for the Draft Housing Element update. The Rincon team will prepare a Power Point presentation to walk through the public review Draft.
Assumptions
• City staff will provide any materials/equipment needed to support the event such as tables, booth materials. Etc.
• City staff will secure the venue
• Includes attendance by two staff from Rincon
• City staff will handle all necessary notifications
Deliverables
• One, in-person workshop
• Workshop handouts
2.4 GIS Support Services
2.4.1 GIS Support Services Site
[Rincon]
This task includes time for Rincon’s GIS team to compile the necessary GIS data and prepare maps to support the Housing Element Update.
Assumptions
• All base data is assumed to be provided by City staff, the County and/or other regional and State data sources
Deliverables
• Data and Maps included in other tasks
2.4.2 GIS Support Services Engagement
This task includes the creation of reference maps as needed to support engagement materials and presentations.
DocuSign Envelope ID: 3318917D-5770-4097-A6BA-B9D98D549197 PGCC 9-18-24
Assumptions
• All base data is assumed to be provided by City staff, the County and/or other regional and State data sources
Deliverables
• Maps included in other tasks
2.5 Public Hearings and Study Session
2.5.1 Virtual Study Session
[Rincon lead, VTA]
The Rincon team will facilitate one virtual study session with the Planning Commission or City Council to update them on the Housing Element Update process and to present the Housing Plan. This study session is anticipated to occur prior to the release of the public review Draft of the Housing Element.
Assumptions
• City staff will handle all necessary notifications
• Assumes attendance by one staff member from Rincon and one from VTA Deliverables
• Power Point presentation
• One, virtual Study Session with the PC or CC
2.5.2 Public Hearings
[Rincon lead, VTA]
This task includes a budgeted allowance for up to two in-person public hearings to support staff, one before the Planning Commission, and one before City Council for the adoption of the Housing Element update. We will present the element update and respond to questions as directed by City staff. This budget assumes that Rincon’s PM and PIC will be in attendance and VTA.
Additional public hearing attendance will be billed on a time and materials basis, per Rincon’s and/or VTA’s billing rates in effect at the time the service is provided.
Assumptions
• City staff will handle all necessary notifications
• Assumes attendance by two staff members from Rincon and one from VTA Deliverables
• Power Point presentation
• Up to two, in-person public hearings
2.6 Housing Element Project Management
DocuSign Envelope ID: 3318917D-5770-4097-A6BA-B9D98D549197 PGCC 9-18-24
City of Pacific Grove
Focused General Plan Proposal Supplement
Rincon Consultants, Inc. Page 18
[Rincon lead, VTA]
At the onset of the project, Rincon will refine the scope and develop a schedule. Throughout the project, Rincon will proactively identify issues, immediately bring those issues to the attention of City staff, identify potential solutions, and coordinate with City staff as to the best course of action. The Rincon project manager will participate in 30-minute project management conference calls every other week (approximately 26 calls) with the project team. Rincon will use email communications and have telephone/videoconference conversations with City staff, as needed, during the course of the project to ensure clear communication. Rincon will prepare monthly invoices with status reports documenting the progress made each month on completing the project, and review and update the schedule when necessary. This task assumes that Rincon’s PIC and VTA will attend meetings strategically throughout the process. This task also includes internal coordination amongst the Rincon team.
Rincon will prepare agendas for all meetings and note any actions from those meetings.
Deliverables
• Up to 26, 30-minute virtual meetings with City staff
• Agenda and Meeting Notes for biweekly project status calls (electronic format) DocuSign Envelope ID: 3318917D-5770-4097-A6BA-B9D98D549197 PGCC 9-18-24
3 Housing Element Team Organization
3.1 Team Organization
Illustrated below is the composition of our core team members.
Staff Position/Role
Kimiko Lizardi Principal-in-charge
Ryan Russell Project Manager
Veronica Tam & Associates Housing Technical Lead
DocuSign Envelope ID: 3318917D-5770-4097-A6BA-B9D98D549197 PGCC 9-18-24
City of Pacific Grove
Focused General Plan Proposal Supplement
Rincon Consultants, Inc. Page 20
4 Housing Element Schedule
The Rincon team is prepared to begin the work program described in this proposal immediately upon authorization to proceed. Due to status of the City’s current progress on the Housing Element Update, which is late in the current housing cycle, achieving adoption by the statutory deadline of December 31, 2023 is not likely or realistic. During the project initiation meeting, Rincon will work with the City to establish a clear and detailed schedule, including deliverables and key milestones. Rincon will coordinate with City staff to explore any streamlining opportunities and refine the schedule as necessary. Ensuring sufficient time for any additional engagement and applying realistic timeframes to support the full scope of the project will be important for the program’s overall success.
Below is an estimated schedule based on our current understanding of the status of the City’s Sites Inventory and Community Engagement activities and assuming that all data needs and information developed to date will be provided to Rincon in a timely manner.
Schedule Dates
Project Initiation March 20, 2023 – April 30, 2023
Administrative Draft HE sections, City Review, Public Review Draft HE May 2023 – September 2023 Public Workshop, Mandated Public Comment Period (30 days)/10 days to response in writing prior to review by the PC or CC
End of September 2023 – mid
November 2023
Study Session October 2023
State HCD first round of review (90 days)
Mid November 2023 – February
2024
Respond to comments and CC Adoption February 2024 – May 2024 DocuSign Envelope ID: 3318917D-5770-4097-A6BA-B9D98D549197 PGCC 9-18-24
5 Cost Estimate Summary
5.1 Cost Estimate Housing Element
The estimated budget for the Housing Element Update would be $227,917.73. We are prepared to initiate work immediately upon execution of a contract and receipt of a notice to proceed. All budget assumptions provided in the Focused General Plan update proposal shall apply unless otherwise specified in Section 2 Housing Element Scope of Work.
5.2 Housing Element Fiscal Year Cost Analysis
At the City’s request, we have prepared a breakdown of the Housing Element costs by fiscal year (see Table 1).
The City of Pacific Grove’s fiscal year starts on July 1. We have assumed the Housing Element work will be initiated within a week of the City Council approval of the contract.
5.3 Focused General Plan Update Fiscal Year Breakdown by Subtask
In addition, the City has requested a breakdown of the Focused General Plan by fiscal year (see Table 2). Table 2 provides a detailed breakdown of the Focused General Plan budget by fiscal year and subtask. The Focused General Plan Update is assumed to start in April 2023 and end in June 2026.
The total budget provided in Table 2 does not reflect the recommended 10% contingency as it cannot be determined if or when it would be used.
5.4 Focused General Plan Update + Housing Element By
Fiscal Year – Summary Tasks
Table 3 provides a higher-level budget summary of the Focused General Plan and Housing Element by fiscal year.
As noted in Section 5.3 this table does not reflect the recommended 10% contingency as it cannot be determined if or when it would be used.
5.5 Focused General Plan Update Budget Alternatives
The City has inquired about alternative methods to budget for the Focused General Plan update, including an option that would limit General Plan spend to $500,000 per year. If the scope of work were to be adjusted to fit a spend limit of $500,000 per year, the following are potential budget and schedule implications:
• At $500,000 per year, the fiscal year timeline would be extended to FY 2027/2028, adding approximately 2 years to the overall schedule.
• The current proposed workplan was designed around an integrated approach to the General Plan update rather than a linear approach. This allows for economies of scale particularly related to community engagement activities, existing conditions and SWOT analysis, project coordination and the Program EIR. • The proposed workplan would need to be revaluated for added costs to support the extended schedule.
For example, project management and coordination activities would need to be extended by the additional timeline, approximately 2 years.
DocuSign Envelope ID: 3318917D-5770-4097-A6BA-B9D98D549197 PGCC 9-18-24
City of Pacific Grove
Focused General Plan Proposal Supplement
Rincon Consultants, Inc. 22
• An extended timeline creates additional risk for State and Federal legislative change and updates.
Page
• The City may want to consider a different phased approach to the Focused General Plan Update. This could support a more linear approach that maintains spend at $500,000 or less per year. However, it would require a reevaluation of the approach to determine which activities should occur first and how they will be supported by community engagement and CEQA analysis. This may result in the need for more than one CEQA document to support the phased timing of the general plan amendments and necessary rezonings.
5.6 Total Focused General Plan + Housing Element Fee
Proposal Amended
Table 4 is an itemized budget inclusive of anticipated costs associated with the project, broken down by task and hours. This table amends the Cost Estimate provided in the Focused General Plan Update proposal. All other cost assumptions are as provided in the Focused General Plan update unless otherwise specified in Section 2 Housing Element Scope of Work.
DocuSign Envelope ID: 3318917D-5770-4097-A6BA-B9D98D549197 PGCC 9-18-24
2511 Garden Road, Suite C-250
Monterey, California 93940
831-333-0310
Table 1 – Housing Element Update Fiscal Year Breakdown
Task and Description 2023 FY (to
6/30/23) 2024 FY
(7/1/236/30/24)
2025 FY
(7/1/24 to
6/30/25)
2026 FY
(7/1/25 -
6/30/26
TOTAL
Task 11: Housing Element
11.1: Draft 6th Cycle Housing Element Review $13,936 $13,936
11.2: Housing Element Update $83,716 $39,683 $123,399
11.3: Community Engagement $9,179 $12,542 $21,721
11.4: GIS Support Services $3,124 $2,116 $5,240
11.5: Public Hearings and Study Session $31,286 $31,286
11.6: Housing Element Project Management $5,037 $27,299 $32,336 Total Housing Element Update $114,991 $112,926 $227,918
DocuSign Envelope ID: 3318917D-5770-4097-A6BA-B9D98D549197 PGCC 9-18-24
City of Pacific Grove
Focused General Plan Proposal Supplement
Rincon Consultants, Inc. Page 2
www.rinconconsultants.com
Table 2 – Focused General Plan Update Fiscal Year Breakdown by Subtask Task and Description 2023 FY (to
6/30/23) 2024 FY
(7/1/236/30/24)
2025 FY
(7/1/24 to
6/30/25)
2026 FY
(7/1/25 -
6/30/26
TOTAL
Task 1: Project Initiation and Coordination $70,512 $41,733 $41,619 $40,365 $194,229
1.1 Kickoff Meeting and City Tour $34,537 $34,537
1.2 Existing Document Review $22,064 $22,064
1.3 Scope of Work and Schedule Refinement $3,763 $3,763
1.4: Project Coordination $10,148 $41,733 $41,619 $40,365 $133,865 Task 2: Community Engagement $34,143 $379,869 $252,190 $724 $666,925
2.1 Community Engagement Plan $18,600 $18,600
2.2 Online Engagement $13,327 $54,824 $18,274 $724 $87,149
2.3 Community Workshops $192,851 $184,060 $376,911
2.4 General Plan Technical Advisory Group $1,559 $28,522 $26,106 $56,187
2.5 Virtual Stakeholder Interviews $37,826 $37,826
2.6 Walking Tours $22,531 $22,531
DocuSign Envelope ID: 3318917D-5770-4097-A6BA-B9D98D549197 PGCC 9-18-24
2.7 Pop Up Events $7,990 $7,334 $15,324
2.8 Focus Group Meetings $10,034 $7,402 $17,436
2.9 Engagement Tookits $6,042 $6,042
2.10 Spanish Interpretation and Facilitation $300 $5,487 $5,023 $10,810 Workshop/Meeting Materials $217 $2,642 $2,418 $5,276
Story Map Support $4,416 $4,416
Additional GIS Support $141 $1,718 $1,573 $3,432
2.12 CAAP Engagement Coordination $4,986 $4,986
Task 3: Existing Conditions, Issues and Opportunities $26,747 $364,777 $391,525
3.1 General Plan Audit $7,328 $2,552 $9,880
3.2. Administrative Draft Existing Conditions Background Report $155,394 $155,394
3.3 Final Existing Conditions Background Report $35,839 $35,839
3.4 Supplemental Analysis $15,703 $64,381 $80,084
3.5 Vision and Guiding Principles Development $11,451 $11,451 DocuSign Envelope ID: 3318917D-5770-4097-A6BA-B9D98D549197 PGCC 9-18-24
City of Pacific Grove
Focused General Plan Proposal Supplement
Rincon Consultants, Inc. Page 4
3.6 SWOT Analysis, Preliminary Policy and Implementation Measure Recommendation
$86,181 $86,181
Task 3.7 GIS Services $3,717 $8,979 $12,696
Task 4: Alternatives $63,225 $9,202 $72,427
4.1 Land Use, Community Design and Circulation Alternatives Analysis $45,523 $6,625 $52,148
4.2 Preferred Alternative $15,534 $2,261 $17,795
Task 4 GIS Support $2,168 $316 $2,484
Task 5: General Plan $168,338 $168,338
5.1 First Administrative Draft General Plan $118,099 $118,099
5.2 Second Administrative Draft General Plan $47,478 $47,478 Task 5 GIS Services $2,760 $2,760
Task 6: Zoning Ordinance Amendments $19,778 $19,778
6.1 6th Cycle Housing Element + General Plan Consistency Memo $13,784 $13,784
6.2 Administrative and Public Review Zoning Map Updates $5,994 $5,994 Task 7: Objective Design and Development Standards $27,463 $106,065 $133,528
7.1 ODDS Initiation and Issue Identification $9,659 $9,659
7.2 ODDS Development $17,804 $18,000 $35,804
7.3 Administrative and Public Review Draft $88,065 $88,065 DocuSign Envelope ID: 3318917D-5770-4097-A6BA-B9D98D549197 PGCC 9-18-24
Task 8: Climate Action and Adaptation Plan $3,502 $23,517 $27,577 $80,501 $135,096
8.1 CAAP Kickoff Meeting and Monthly Meetings $1,478 $6,079 $6,062 $2,043 $15,662
8.2 Existing Measure Analysis and Success Tracking $2,024 $1,028 $3,052
8.3 GHG Inventories, Forecast and Targets $7,904 $3,599 $11,503
8.4 Draft and Final CAAP Strategy Selection $8,505 $12,083 $20,588
8.5 Measure Technical Appendix $12,626 $12,626
8.6 Develop Tools for Monitoring, Tracking and Activation $187 $11,577 $11,764
8.7 Develop Draft and Final Climate Action and Adaptation Plan $5,646 $16,666 $22,312
8.8 CEQA GHG Streamlining Checklist $10,945 $10,945
8.9 CEQA GHG Thresholds $0 $0 $15,400 $15,400
8.10 Grant Research and Application $0 $0 $11,244 $11,244 Task 9: CEQA Analysis (Program EIR) $0 $247,768 $90,700 $338,468 Task 10: Hearings and Adoption $25,422 $38,029 $77,665 $141,116
10.1 Planning Commission and City Council Meetings $25,422 $38,029 $49,321 $112,772
10.2 Final General Plan $0 $0 $9,584 $9,584
10.3 Document Accessibility Remediation $0 $0 $18,760 $18,760 Total General Plan, CAAP, and EIR Process $134,904 $926,007 $910,565 $289,955 $2,261,430 Note: the total budget reflected in this table does not include the recommended 10% contingency as it cannot be determined if or when it would be used.
DocuSign Envelope ID: 3318917D-5770-4097-A6BA-B9D98D549197 PGCC 9-18-24
City of Pacific Grove
Focused General Plan Proposal Supplement
Rincon Consultants, Inc. Page 6
Table 3 – Focused General Plan Update + Housing Element Update Fiscal Year Breakdown Phase ID & Description 2023 FY (to
6/30/23) 2024 FY
(7/1/236/30/24)
2025 FY
(7/1/24 to
6/30/25)
2026 FY
(7/1/25 -
6/30/26
Total
Task 1: Project Initiation and Coordination $70,512 $41,733 $41,619 $40,365 $194,229 Task 2: Community Engagement $34,143 $379,869 $252,190 $724 $666,925 Task 3: Existing Conditions, Issues and Opportunities $26,747 $364,777 $391,525 Task 4: Alternatives $63,225 $9,202 $72,427
Task 5: General Plan $168,338 $168,338
Task 6: Zoning Ordinance Amendments $19,778 $19,778
Task 7: Objective Design and Development Standards $27,463 $106,065 $133,528 Task 8: Climate Action and Adaptation Plan $3,502 $23,517 $27,577 $80,501 $135,096 Task 9: CEQA Analysis (Program EIR) $247,768 $90,700 $338,468 Task 10: Hearings and Adoption $25,422 $38,029 $77,665 $141,116 Task 11: Housing Element $114,991 $112,926 $227,918
Total General Plan, CAAP, and EIR Process + Housing Element $249,896 $1,038,933 $910,565 $289,955 $2,489,348 Note: the total budget reflected in this table does not include the recommended 10% General Plan contingency as it cannot be determined if or when it would be used.
DocuSign Envelope ID: 3318917D-5770-4097-A6BA-B9D98D549197 PGCC 9-18-24
Table 4 – Focused General Plan Update and Housing Element Update Cost Proposal (Amended) RINCON CONSULTANTS, INC.
22-13730 City of Pacific Grove General Plan, Zoning Code and CEQA Cost
Estimate
1.1 Kickoff Meeting and City Tour
1.2 Existing Document Review
1.3 Scope of Work and Schedule Refinement
1.4: Project Coordination
Task 2: Community Engagement
2.1 Community Engagement Plan
2.2 Online Engagement
2.3 Community Workshops
2.4 General Plan Technical Advisory Group
2.5 Virtual Stakeholder Interviews
2.6 Walking Tours 2.7 Pop Up Events
2.8 Focus Group Meetings
2.9 Engagement Tookits
2.10 Spanish Interpretation and Facilitation
2.11 GIS Services for Task 2 2.12 CAAP
Engagement Coordination
Task 3: Existing Conditions, Issues and
Opportunities
3.1 General Plan Audit 50.00 9,880.00 0.00
9,880.00
22-13730 City of Pacific Grove General Plan, Zoning
Code and CEQA
Rate Hours Labor Budget Direct
Expenses
Total Budget
Task 1: Project Initiation and Coordination 586.00 134,611.00 59,618.00 194,229.00
83.00 21,168.00 13,368.80 34,536.80
36.00 7,332.00 14,732.00 22,064.00
7.00 1,791.00 1,972.00 3,763.00
460.00 104,320.00 29,545.20 133,865.20
2,195.00 447,192.00 219,733.45 666,925.45
80.00 17,208.00 1,392.00 18,600.00
368.00 68,821.00 18,328.00 87,149.00
1,155.00 245,451.00 131,460.45 376,911.45
136.00 29,472.00 26,714.80 56,186.80
102.00 20,078.00 17,748.00 37,826.00
36.00 6,696.00 15,834.60 22,530.60
75.00 15,324.00 0.00 15,324.00
50.00 10,290.00 7,145.60 17,435.60
30.00 6,042.00 0.00 6,042.00
50.00 9,700.00 1,110.00 10,810.00
93.00 13,124.00 0.00 13,124.00
20.00 4,986.00 0.00 4,986.00
951.00 183,757.00 207,767.60 391,524.60
DocuSign Envelope ID: 3318917D-5770-4097-A6BA-B9D98D549197 PGCC 9-18-24
City of Pacific Grove
Focused General Plan Proposal Supplement
Rincon Consultants, Inc. Page 8
4.1 Land Use, Community Design and Circulation
Alternatives Analysis
4.2 Preferred Alternative
Task 4 GIS Support
Task 5: General Plan
5.1 First Administrative Draft General Plan 5.2
Second Administrative Draft General Plan
Task 5 GIS Services
Task 6: Zoning Ordinance Amendments
6.1 6th Cycle Housing Element + General Plan
Consistency Memo
6.2 Administrative and Public Review Zoning Map
Updates
Task 7: Objective Design and Development
Standards
7.1 ODDS Initiation and and Issue Identification
7.2 ODDS Development
7.3 Administrative and Public Review Draft
Task 8: Climate Action and Adaptation Plan
3.2. Administrative Draft Existing Conditions
Background Report
3.3 Final Existing Conditions Background Report
3.4 Supplemental Analysis
3.5 Vision and Guiding Principles Development
3.6 SWOT Analysis, Preliminary Policy and
Implementation Measure Recommendation
Task 3.7 GIS Services
381.00
83.00 146.00
24.00 175.00
92.00 74,751.00
16,641.00
28,916.00
4,746.00
36,127.00
12,696.00
80,643.20
19,198.00
51,167.60
6,704.80
50,054.00
0.00 155,394.20
35,839.00
80,083.60
11,450.80
86,181.00
12,696.00
Task 4: Alternatives 200.00 41,258.00 31,169.20 72,427.20 148.00
34.00 31,558.00
7,216.00
20,590.00
10,579.20
52,148.00
17,795.20
18.00 2,484.00 0.00 2,484.00
570.00 110,326.00 58,011.60 168,337.60
376.00 72,140.00 45,959.20 118,099.20
174.00 35,426.00 12,052.40 47,478.40
20.00 2,760.00 0.00 2,760.00
98.00 19,778.00 0.00 19,778.00
64.00 13,784.00 0.00 13,784.00
34.00 5,994.00 0.00 5,994.00
30.00 6,984.00 126,544.40 133,528.40
10.00 2,328.00 7,331.20 9,659.20
8.00 1,758.00 34,046.00 35,804.00
12.00 2,898.00 85,167.20 88,065.20
612.00 120,636.00 14,460.00 135,096.00
8.1 CAAP Kickoff Meeting and Monthly Meetings
8.2 Existing Measure Analysis and Success
Tracking
8.3 GHG Inventories, Forecast and Targets
70.00 16.00
23.00 15,662.00
3,052.00
4,543.00
0.00 0.00
6,960.00
15,662.00
3,052.00
11,503.00
DocuSign Envelope ID: 3318917D-5770-4097-A6BA-B9D98D549197 PGCC 9-18-24
9.1 CEQA Kickoff Meeting
9.2 Notice of Preparation
9.3 Project Description
9.4 Scoping Meeting
9.5 AB 52 and SB 18 Consultation Assistance
9.6 Administrative Draft EIR
9.7 Screencheck Draft EIR
9.8 Public Draft EIR
9.9Final EIR Response to Comments and
Administrative
9.10 Mitigation Monitoring and Reporting Program
9.11 Final EIR
9.12Considerations, and Resolution CEQA Findings,
Statement of Overriding
9.13 Administrative Record
9.14 Legal Review
Task 10: Hearings and Adoption
10.1 Planning Commission and City Council
Meetings
10.2 Final General Plan
10.3 Document Accessibility Remediation
8.4 Draft and Final CAAP Strategy Selection
8.5 Measure Technical Appendix
8.6 Develop Tools for Monitoring, Tracking and
Activation
8.7 Develop Draft and Final Climate Action and
Adaptation Plan
8.8 CEQA GHG Streamlining Checklist
8.9 CEQA GHG Thresholds
8.10 Grant Research and Application
108.00
68.00 22.00
120.00
53.00 76.00
56.00 20,588.00
12,626.00
4,264.00
22,312.00
10,945.00
15,400.00
11,244.00
0.00 0.00
7,500.00
0.00 0.00
0.00 0.00
20,588.00
12,626.00
11,764.00
22,312.00
10,945.00
15,400.00
11,244.00
Task 9: CEQA Analysis (Program EIR) 1,499.00 302,175.00 36,293.10 338,468.10
11.00 2,599.00 0.00 2,599.00
12.00 2,402.00 0.00 2,402.00
25.00 4,591.00 0.00 4,591.00
25.00 5,866.00 818.90 6,684.90
18.00 3,935.00 0.00 3,935.00
970.00 192,872.00 34,684.00 227,556.00
68.00 13,404.00 0.00 13,404.00
54.00 9,686.00 674.00 10,360.00
150.00
31,810.00 0.00 31,810.00
21.00 4,150.00 0.00 4,150.00
43.00 8,590.00 116.20 8,706.20
50.00 10,050.00 0.00 10,050.00
32.00 6,860.00 0.00 6,860.00
20.00 5,360.00 0.00 5,360.00
453.00 107,412.00 33,703.80 141,115.80
336.00 79,068.00 33,703.80 112,771.80
47.00 9,584.00 0.00 9,584.00
70.00 18,760.00 0.00 18,760.00
735.00 150,438.00 77,479.73 227,917.73
11.1: Draft 6th Cycle Housing Element Review
11.2: Housing Element Update
39.00 342.00
8,971.00
67,069.00
4,964.80
56,329.60
13,935.80
123,398.60
DocuSign Envelope ID: 3318917D-5770-4097-A6BA-B9D98D549197 PGCC 9-18-24
City of Pacific Grove
Focused General Plan Proposal Supplement
Rincon Consultants, Inc. Page 10
Task 11: Housing Element
11.3: Community Engagement
11.4: GIS Support Services
11.5: Public Hearings and Study Session
11.6: Housing Element Project Management
113.00
34.00 75.00
132.00
20,733.00
5,240.00
18,409.00
30,016.00
988.00
0.00 12,877.33
2,320.00
21,721.00
5,240.00
31,286.33
32,336.00
DocuSign Envelope ID: 3318917D-5770-4097-A6BA-B9D98D549197 PGCC 9-18-24
Project Total
10% Contigency on GPU Total
with Contigency
7,929.00 1,624,567.00 864,780.88 2,489,347.88
226,143.00
2,715,490.88
Direct Expenses Summary
CAPDash
Digial Production - Flash Drive
Per Diem - job chargeable
Per Diem- Lodging
Photocopies - Black and White
Photocopies - Color
Postage, Shipping, Delivery
Travel - Mileage
Travel (airfare, ground trans, lodging)
Vehicle Day Rate
WRT Design
Economic & Planning Systems Veronica
Tam and Associates, Inc.
Kimley Horn Associates
Direct Expenses Subtotal
Amount
7,500.00
40.00 464.00
11,668.00
250.00
1,302.00
232.00
5,145.68
14,364.00
3,150.00
413,470.40
107,218.80
74,054.40
225,921.60
864,780.88
DocuSign Envelope ID: 3318917D-5770-4097-A6BA-B9D98D549197 PGCC 9-18-24
2511 Garden Road, Suite C-250
Monterey, California 93940
831-333-0310
DocuSign Envelope ID: 3318917D-5770-4097-A6BA-B9D98D549197 PGCC 9-18-24
www.rinconconsultants.com
City of Pacific Grove
Focused General Plan Proposal Supplement
6 Appendix A – Housing Element Update Data
Needs
The following data and information request list has been compiled based on a preliminary review of the existing Housing Element. The consultant team may request additional data throughout the Housing Element Update process. A separate request will be made for materials needed for CEQA review, if included.
You may not have all the items—it is still helpful to know if you are having trouble locating it, or if it just doesn’t exist.
No. Information Comments Response
1 5th Cycle Housing Element Sites Inventory
Worksheet
Excel format preferred
2 5th Cycle Housing Element CEQA Document
3 Housing Element Annual Progress Reports and
General Plan Progress Reports since start of 5th
Cycle
4 Residential development completed during 5th
Cycle
If not shown in Annual Progress Reports, details on permits issued during the 5th Cycle: housing type, tenancy, affordability, and previous site use
5 Information on sites previously identified in
inventory as underutilized that were
redeveloped during the 5th Cycle
Type of development, number of units realized, zoning designation, affordability, date constructed, FAR, consolidation/division of lots, previous use of site.
6 Pending and approved residential and mixeduse
projects
Include APNs, number of units, affordability (and reasoning to support assumptions if not deed-restricted), tenancy, entitlements requested, approval stage, estimated date of approval or completion, consolidation/division of lots, existing use(s) on site, and any other pertinent information
7 ADU permitting data Permits issued from 2018-2022 and 2023 to date. Include Junior ADUs
8 Status of implementation of programs in 5th
Cycle housing element, including detailed
explanation of any that were not implemented
(2021 APR + explanations)
Programs are reported on in Annual Progress Reports, but often not very detailed. Provide an explanation (quantify, if possible) of the effectiveness of goals, policies, and related actions in meeting the housing needs of special needs populations (e.g., elderly, persons with disabilities, large households, female headed households, farmworkers and persons experiencing homelessness). Include an explanation of any factors (financial, staffing, etc.) that may have hindered progress towards meeting 5th Cycle housing element goals. 9 Annexation information If any annexations have occurred during the 5th Cycle Housing Element, or are planned in the 6th Cycle. If annexations are planned during 6th Cycle, provide information on progress and estimated completion date.
10 Current development impact and permit fee
schedule(s)
11 Project approval timelines Describe typical processing timelines for types of permits that residential development is subject to. Provide example projects and details (dates of application, approval, construction begin and end).
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12 A list of typical fees charged for both
singlefamily and multifamily units
13 A list of revisions to development standards
since 5th Cycle Housing Element
Provide details such as ordinances and staff reports, if possible, and/or narrative of changes.
14 Describe any revisions to General Plan or
zoning designations since last Housing Element
Provide details such as ordinances and staff reports, if possible, and/or narrative of changes.
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No. Information Comments Response
15 Housing condition surveys or code
enforcement data to illustrate numbers of
substandard housing in the jurisdiction
16 Information on existing subsidized affordable
units
Location, number of units, affordability, particular population served (e.g., seniors, persons with disabilities, or other special needs population), funding sources, and affordability expiration dates. 17 Any information on community development
funding and local housing programs that serve
residents
For each program, provide data on how many households are served (to-date or annual average), current funding levels, administrative structure, and funding sources.
Describe how the jurisdiction receives CDBG, HOME, or ESG funding.
Details on programs may be found in the jurisdiction’s community development planning documents (most recent Consolidated Plan, Annual Action Plan, or Analysis of Impediments to Fair Housing). 18 Photos of recent projects and existing
developments that could be considered
typical, by housing type (single family, duplex,
townhome, apartment, mixed use, tuck-under
parking, etc.)
Please provide addresses, year built or modified, previous use on site. 19 Recent sewer and water master plans or other
important documents on sewer/water capacity
20 General discussion of availability and adequacy
of water and sewer services, by
area/neighborhood
Provide information on any areas where housing is anticipated during the 6th Cycle.
21 Specific Plan documents and associated CEQA
documents
22 Stakeholder/interested parties list with contact
information
Non-profit housing developers, for-profit housing developers, social services agencies, fair housing services providers, social justice and housing advocacy organizations, racial/ethnic community associations and business organizations, organizations/advocates for special housing needs populations (seniors, people with disabilities, students, people experiencing homelessness, etc.)
23 Discussion of historic patterns of segregation
(social, racial, economic, cultural) within the
city.
Description of current differences between areas of the city, any separation by characteristics of population, infrastructure, etc.
Discussion of past exclusionary zoning practices, whether intentional or unintentional, which had the effect of segregating classes of people (i.e., single family zoning, minimum home sizes, growth management program and exemptions, etc.)
References may include documents from a historical society, college or university history department or program, planning documents, institutional knowledge from planning department, etc.
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24 GIS layers: files or links to where they can be
downloaded
• City boundaries
• Parcel data (including ownership and
valuation data where possible)
• General Plan land use designations
• Zoning designations
• Overlays, specific plans, other
planning tools
• Georectified aerial photography
(latest available) If
available:
• Vacant/underutilized sites from
previous Housing Element and
updated information
• Rent controlled housing
• Infrastructure locations and sizing
• Community health features (parks,
bike facilities, trails, etc.)
Parcel data should be obtained through the Assessors Office, Rincon may need to sign agreement in order to access this. We understand not all jurisdictions have their own GIS capabilities, but may have data from prior planning efforts or may have shared GIS data with regional governments.
City of Pacific Grove
Focused General Plan Proposal Supplement
No. Information Comments Response
• Community safety features (fire
stations, police
stations/substations)
• Environmental constraints
(flooding, wildfire risk, habitat issue
areas, airport safety, etc)
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Agenda No. 14 A
CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Staphany Arriola, Management Analyst (Confidential) MEETING DATE: September 18, 2024
SUBJECT: Pure Water Monterey Presentation
CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378
RECOMMENDATION
Receive presentation.
Attachments
PWM Update
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COOPERATIVE
WATER SOLUTIONS
FOR A SAFE, RESILIENT COMMUNITY
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First Water
Injection into the Seaside Groundwater
Basin began in February 2020
Operational Reserve
Minimum requirement for base project
(1,750 AF) met in June 2023
Injection
Total Year to Date – 15,700 AF
Total Operational Reserve – 2,189 AF
No significant outages in 4+ years of operation
Base Project Cost
Total: $148 M
Grant Funding: $39 M
Base Project: 3,500 Acre Feet Per Year
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ANNUAL TOTAL: 11,294 AFY
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Expansion Project: Additional 2,250 Acre Feet Per Year
FUNDING
Spring 2023
US EPA (WIFIA) loan
PERMITTING
Spring 2023 – Summer 2025
Permitting and compliance
CONSTRUCTION
Summer 2023 – Spring 2025
AWPF: ~Feb 2025
Injection Wells: ~June 2025
TESTING/STARTUP
Spring – Fall/Winter 2025
First Water: ~Sept 2025
CLOSEOUT
Winter 2025
End of 2025
TWO COMPONENTS
Advanced Water Purification Facility (AWPF): 20% Complete Injection Wells: 40% Complete
PROJECT COST
Total: $69 M
Grant Funding: $42 M
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THANK YOU
Paul A. Sciuto
General Manager
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