Page-1
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF RIALTO AND
DUDEK
THIS SERVICES AGREEMENT (herein “Agreement”) is made and entered into this 13th day of December, 20 22, by and between the City of Rialto, a municipal corporation and California general law city (“City”), and Dudek (“Consultant”). City and Consultant are sometimes individually referred to as “Party” or collectively as “Parties”.
RECITALS
A. City has sought, by Request for Proposals No. 22-042, the performance of professional services related to land use, circulation, and safety element updates, preparation of an environmental justice element, and environmental compliance , as defined and described particularly in Article 1 of this Agreement.
B. Following the submission of a proposal for the performance of the services defined and described particularly in Article 1 of this Agreement, Consultant was selected by the City to perform those services.
C. Pursuant to Chapter 2.48 of the Rialto Municipal Code, City has authority to enter into and execute this Agreement.
D. The Parties desire to formalize the selection of Consultant for the performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consider ation, the value and adequacy of which are hereby acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, Consultant shall provide those professional services associated with land use, circulation, and safety element updates, preparation of and environmental justice element, and environmental compliance, and as specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which services may be r eferred to herein as the “services” or “work” hereunder. As a material inducement for City to enter into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the servic es required under this Agreement in a thorough, competent, and professional manner, it meets all local, state, and federal requirements in performing the services, and it is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently, and to
Page-2
the best of its ability, experience, and talent, perform all services described herein.
Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more professional firms performing similar work under similar circumstances.
1.2 Consultant’s Proposal.
The Agreement between the Parties shall consist of the following: (1) this Agreement; (2) the Scope of Services; (3) the City’s Request for Proposals No. 22-042; and, (4) the Consultant’s signed, original proposal submitted to the City (“Consultant’s Proposal”), (collectively referred to as the “Contract Documents”) . The Contract Documents and Accepted Proposal shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the Scope of Services, Consultant’s Proposal, and/or this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any federal, state, or local governmental entity having jurisdiction in effect at the time service is rendered.
1.4 Licenses, Permits, Fees, and Assessments.
Consultant shall obtain, at its sole cost and expense, such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant’s performance of the services r equired by this Agreement, and shall indemnify, defend, and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City hereunder.
1.5 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquaint ed with the conditions there existing, prior to commencement of services hereunder. If Consultant discovers any latent or unknown conditions that will materially affect the performance of the services hereunder, then Consultant shall immediately inform th e City of such fact and shall not proceed except at City’s risk until written instructions are received from the Contract Officer.
Page-3
1.6 Care of Work.
Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies, and/or other components thereof, to prevent losses or damages, and shall be responsible for all such damages to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.
1.7 Prevailing Wages.
Consultant is aware of the requirements of California Labor Code Section 1720, et seq. and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “Public Works” and “Maintenance” projects. It is the und erstanding of City and Consultant that the Prevailing Wage Laws may not apply to this Agreement because the Agreement does not involve any services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder. However, Consultant shall defend, indemnify, and hold City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
1.8 Further Responsibilities of Parties.
Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless specified in this Agreement, neither Party shall be responsible for the service of the other.
1.9 Additional Services.
City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from said work. No such extra work or change may be undertaken unless a written order is first given by the Contract Officer to the Consultant, describing in detail the extra work or change and the reason(s) therefor and incorporating therein any adjustment in (i) the Contract Sum for the actual cost of the extra work or change, and/or (ii) the time to perform this Agreement, which said adjustments shall be reflected in an amendment to the Agreement subject to the written approval of the Parties. Any amendment to this Agreement shall be reviewed and approved by the Ci ty Manager. In accordance with Rialto Municipal Code section
2.48.180, increases in compensation of this Agreement may be approved by the City Manager provided: (a) the initial Contract Sum was less than One Hundred Thousand Dollars ($100,000) and the amended Contract Sum when consider ing any or all amendments will not exceed One Hundred Thousand Dollars ($100,000); or (b) the agreement was approved by the City Council and the increases in compensation taken either separately or cumulatively do not exceed One Hundred Thousand Dollars ($100,000). Any greater increases, taken either separately or cumulatively must be
Page-4
approved by the City Council. Payment for additional services rendered by Consultant under this Agreement requires the submission of the actual costs of Consultant’s performance of the extra work with the invoice(s) for the extra work claim(s), as provided in Section 2.4. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors.
No claim for an adjustment in the contract amount or time for performance shall be valid unless the procedures established in this Section are followed.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “ Cost Proposal ” attached hereto as Exhibit “ B” and incorporated herein by this reference. Upon commencement of this Agreement the total compensation, including reimbursement for actual expenses, shall not exceed Four Hundred Three Thousand One Hundred and Thirty -Two Dollars ($403,132) (the “Contract Sum”) . The Contract Sum may a lso be increased for additional services pursuant to Section 1.9.
2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services; (iii) payment for time and materials based upon the Consultant’s rates as specified in the Schedule of Compensation, provided that time estimates are provided for the performance of sub tasks, but not exceeding the Contract Sum; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approve d by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City. Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by
Page-5
City’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub -contractor contracts.
Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.
City may independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within thirty (30) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission.
2.5 No Waiver.
Review and payment by City to Consultant of any invo ice for work performed by Consultant pursuant to this Agreement shall not be deemed a waiver of any defects in work performed by Consultant or of any rights or remedies provided herein or any applicable law.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time peri od(s) established in the “Schedule of Performance” attached hereto as Exhibit “ C” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in wri ting by the Contract Officer.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes , wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall, within ten (10) days of the commencement of such delay, notify the Contract Officer in writing of the causes of
Page-6
the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer shall extend the time for p erformance in accordance with the procedures set forth in Section
1.9. The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall co ntinue in full force and effect through completion of the services related to Request for Proposals No. 22-042, (the “Project”) , and as identified in the Schedule of Performance, Exhibit “C”.
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant (“Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
Joe Monaco CEO_________________ (Name) (Title)
Eric Wilson__________________ Executive Vice President_ (Name) (Title)
It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement. Therefore, the Principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultan t, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant witho ut the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’ s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreemen t, prior to and during any such performance. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires to reassign any staff or subcontractor of Consultant, Consultant shall, immediately upon a Reassign Notice from City of such desire of City, reassign such persons or persons.
Page-7
4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care, or any other benefits which may otherw ise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be the City Manager or other such person designated by the City Manager. It shall be the Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer.
Unless otherwise specified herei n, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.4 Independent Contractor.
Neither the City nor any of its employees shall have any control over the manner, mode, or means by which Consultant, its agents or employees, perform the services required herein, except as otherwi se set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service.
Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability, and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement.
Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control
Page-8
of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance Coverages.
The Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees, and agents of City:
(a) Comprehensive General Liability Insurance (Occurrence Form CG0001 or equivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury, and property damage. The policy of insurance shall be in an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used, then the general aggregate limit shall be twice the occurrence limit.
(b) Worker’s Compensation Insu rance. A policy of worker’s compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure, and provide legal defense for both the Consultant and the City against any loss, claim, or d amage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Consultant in the course of carrying out the work or services contemplated in this Agreement.
(c) Automotive Insurance (Form CA 0001 (Ed 1/87) including “any auto” and endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than $1,000,000. Said policy shall in clude coverage for owned, non -owned, leased, and hired cars.
(d) Professional Liability. Professional liability insurance appropriate to the Consultant’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of, or related to services performed under this Agreement. The insurance must be maintained for at least 5 consecutive years following the completion of Consultant’s services or the termination of this Agreement. During this additional 5 -year period, Consultant shall annually and upon request of the City submit written evidence of this continuous coverage.
(e) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements.
(f) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and cer tified
Page-9
endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
5.2 General Insurance Requirements.
All of the above policies of insurance shall be primary insurance and shall name the City, its elected and appointed officers, employees, and agents as additional insureds, and any insurance maintained by City or its officers, employees, or agents shall apply in excess of, and not contribute with, Consultant’s insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, its officers, employees, and agents and their respective insurers. The insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self -insured retention. All of said policies of insurance shall provide that said insurance may not be amended or cancelled by the insurer or any Party hereto without providing thirty (30) days prior written notice by certified mail return receipt requested to the City. In the event any of said policies of insurance are cancelled, the Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with Sectio n 5.1 to the Contract Officer. No work or services under this Agreement shall commence until the Consultant has provided the City with Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. City reserves the right to inspect complete, certified copies of all required insurance policies at any time.
Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City.
City, its respective elected and appointed officers, directors, officials, employees, agents and volunteers are to be covered as additional insureds as respects: liability arising out of activi ties Consultant performs; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of pro tection afforded to City, and their respective elected and appointed officers, officials, employees or volunteers. Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
Any deductibles or self -insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its res pective elected or appointed officers, officials, employees and volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. The Consultant agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages to any persons or property resulting from the Consultant’s activities or the activities of any person or persons for which the Consultant is otherwise responsible nor shall it limit the Consultant’s indemnification liabilities as provided in Section 5.3.
In the event the Consultant subcontracts any portion of the work in compliance with Section 4.5 of this Agreement, the contract between the Consultant and such subcontractor shall require the subcontractor to maintain the same policies of insurance
Page-10
that the Consultant is required to maintain pursuant to Section 5.1, and such certificates and endorsements shall be provided to City.
5.3 Indemnification.
To the full extent permitted by law, Consultant agrees to indemnify, defend, and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations, or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), arising from Consultant’s reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant, or condition of this Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its officers, agents, or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, it s officers, agents, or employees, any and all costs and expenses incurred by the City, its officers, agents, or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.
Consultant shall incorporate similar, indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ inde mnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness, or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive t ermination of this Agreement.
Page-11
Notwithstanding the foregoing, to the extent that the Consultant’s services are subject to California Civil Code Section 2782.8, the above indemnity, including the cost to defend, shall be limited to the extent required by Civil Code Section 2782.8.
5.4 Sufficiency of Insurer or Surety.
Insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City (“Risk Manager”) due to unique circumstances. If this Agreement continues for more than 3 years duration, or in the event the Risk Manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the Risk Manager Consultant.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Consultant shall keep, and require subcontractors to keep, such ledgers boo ks of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by thi s Agreement and enable the Contract Officer to evaluate the performance of such services.
Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of 3 years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest.
6.2 Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer sha ll require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.
Page-12
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of unco mpleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may ret ain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer. (b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, lette rs of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice o f such court order or subpoena.
(c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct.
(d) Consultant shall promptly notify City should Consultant, its officers, employees, agents, or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response t o discovery requests provided by Consultant.
Page-13
However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed, and governed both as to validity and to performance of the Parties in accordance with the laws of the State of California.
Legal actions concerning any dispute, claim, or matter arising out of or in relation t o this Agreement shall be instituted in the Superior Court of the County of San Bernardino, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, Eastern Division.
7.2 Disputes; Default.
In the event that Consultant is in default under the terms of this Agree ment, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall in clude the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall proceed with payment on the invoices only when the default is cured. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Page-14
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of an y work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non -defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or diffe rent times, of any other rights or remedies for the same default or any other default by the other Party.
7.6 Legal Action.
In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, or remedy an y default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
7.7 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contr act Officer. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer.
Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any ser vices authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event of termination without cause pursuant to this Section, the City need not provide the Consultant with the opportunity to cure pursuant to Section 7.2.
7.8 Termination for Default of Consultant.
If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceed s the compensation herein stipulated (provided that the City
Page-15
shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set -off or partial payment of the amounts owed the City as previously stated.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any defau lt or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or princi pal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
Additionally, pursuant to Rialto Municipal Code section 2.48.145, Consultant represents that it has disclosed whether it or its officers or employees is related to any officer or employee of the City by blood or marriage within the third degree which would subject such officer or employee to the prohibition of California Government Sections 87100 et. seq., Fair Political Practices Commission Regulation Section 18702, or Government Code Section 1090. To this end, by approving this Agreement, Consultant attests under penalty of perjury, personally and on behalf o f Consultant, as well its officers, representatives, that it/they have no relationship, as described above, or financial interests, as such term is defined in California Government Section 87100 et. seq., Fair Political Practices Commission Regulation Section 18702, or Government Code Section 1090, with any City of Rialto elected or appointed official or employee, except as specifically disclosed to the City in writing.
8.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its h eirs, executors, assigns, and all persons claiming under or through them, there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion,
Page-16
sex, gender, sexual orientation, gender identity, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, sexual orientation, gender, gender identity, marital status, national origin, ancestry, or other protected class.
8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performan ce of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorney’s fees, incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Facilities and Equipment.
Except as otherwise provided, Consultant shall, at its own cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space (“City Facilities”), as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of City. The location, quality, and time of furnishing of City Facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facilities that may involve incurring any direct expense, including but not limited to computer, long distance telephone, network data, internet, or other communication charges, vehicles, and reproduction facilities.
9.2 Payment of Taxes.
Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any federal and state taxes.
9.3 Notices.
All notices or other communications required or permitted hereunder shall be in writing, and shall be personally de livered, sent by pre -paid First Class U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission, and shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) three (3) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Any notice, request, demand, direction, or other communication sent by facsimile must be confirmed within forty-eight (48) hours by letter mailed or delivered. Other forms of electronic transmission such as e -mails, text
Page-17
messages, instant messages are not acceptable manners of notice required hereunder.
Notices or other communications shall be addressed as follows:
If to City: City of Rialto
150 S. Palm Ave.
Rialto, CA 92376
Attn: City Manager
Tel: (909) 820-2525
Fax: (909) 820-2527
With copy to: Burke, Williams & Sorensen, LLP
1770 Iowa Avenue, Suite 240
Riverside, CA 92507
Attn: Eric S. Vail, City Attorney
Tel: (951) 788-0100
Fax: (951) 788-5785
If to Consultant: Dudek
2280 Historic Decatur Rd, Suite 200
San Diego, CA 92106
Asha Bleier
(760) 479-4858
Either Party may change its address by notifying the other Party of the change of address in writing.
9.4 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
9.5 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
9.6 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the Parties. It is understood that there are no oral agreements between the Parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the Parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City. The Parties agree that this requirement for written m odifications cannot be waived and that any attempted waiver shall be void.
Page-18
9.7 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceabl e by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable an d shall be interpreted to carry out the intent of the Parties hereunder unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.
9.8 Corporate Authority.
The persons executing this Agreement on behalf of the Parties hereto warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said Party is bound. This Agreement shall be binding upon the heirs, executo rs, administrators, successors and assigns of the Parties.
[SIGNATURES ON FOLLOWING PAGE]
Page-19
IN WITNESS WHEREOF , the parties hereto have executed and entered into this Agreement on the date first written above.
CITY: CONSULTANT:
CITY OF RIALTO, a municipal DUDEK
corporation
By: By:
Marcus Fuller, City Manager Signature
ATTEST: Joe Monaco
Name
By:
Barbara A. McGee, City Clerk CEO
Title
APPROVED AS TO FORM:
By:
Burke, Williams & Sorensen, LLP Signature
By: Eric Wilson
Eric S. Vail, City Attorney Name
Executive Vice President
Title
**Two signatures are required if a
corporation**
A-1
EXHIBIT “A“
SCOPE OF SERVICES
Consultant shall provide prepare a Land Use Element Update, Safety Element Update, a new Environmental Justice Element, and an Environmental Impact Report .
Specifically, Consultant shall provide those services as outlined in its proposal dated November 28, 2022 included on the following pages.
|
3 Dudek Proposal for
Land Use and Safety Element Update, Environmental Justice Element, and Environmental Compliance 2 / Understanding, Scope of Work, and Schedule
Scope of Work
TASK 1
Project Management and Meetings
Dudek’s project manager, Asha Bleier, will oversee the day- to-day project management tasks so that this project stays on schedule and within budget and will serve as the primary point of contact. Ms. Bleier will conduct a project kickoff meeting within two weeks of the Notice to Proceed. This meeting will be structured with client staff and key project partners and will have multiple purposes:
Confirm project expectations and goals
Establish roles, responsibilities, and chain of
communication protocols
Discuss the scope of work, deliverables, schedule,
and milestones
Review and learn about related studies and plans,
including Plan to House Our Rialto 2021–2029 dra
6th Cycle Housing Element
Grant funding reporting requirements, as relevant
Obtain available client-supplied data, maps,
documents, and other related information
Discuss the community engagement strategy and
identify potential stakeholders
Following the kickoff meeting, Ms.Bleier will schedule and facilitate bi-weekly conference calls with City staff to review work conducted, plan for upcoming tasks and milestones, and ensure that the project remains on time and within
budget. Additionally, to facilitate collaboration, Ms. Bleier will conduct up to three (3) working sessions with City staff. Our team has found that working sessions to discuss comments, themes and goals help to save clients time
and money in the general plan update process. Dudek
understands that the City is tied to challenging timelines associated with the progress of the draft 6th Cycle Housing Element and will work with the City to identify progress toward program implementation to satisfy the California Department of Housing and Community Development while
balancing the realities of the timing of implementation.
TASK 2
Research/Analysis
Our team understands the importance of internal
consistency across all elements of the General Plan as well as other relevant planning documents. Through Task 2,
Dudek will conduct an in-depth analysis of the text and diagrams of existing plans to identify any inconsistencies or gaps in policy across all relevant plans to inform the updates identified in subsequent tasks. Further, the Dudek team will conduct a thorough analysis of existing conditions to inform the development of the Land Use, Safety, and
Environmental Justice Elements. The existing conditions analysis in combination with the policy crosswalk will result in an identification of opportunities and options as well as constraints and inconsistencies to provide a foundation for the development of the elements.
Land Use Element
Dudek will conduct a thorough review of all General Plan elements as well as all relevant plans as compared to
the currently adopted Land Use Element. Through this
review, our team will identify any gaps in existing policies, inconsistencies with existing maps or diagrams, and any policies of the Land Use Element that may be inconsistent with adopted plans and the City’s vision for the future. Land use policy considerations may include access to resources, availability of affordable housing options, opportunities for upward mobility, and transitions between industrial and residential uses. This review will result in a comprehensive policy crosswalk to compare policy language and diagrams, identify conflicts and areas of compatibility, highlight gaps detected, and incorporate findings.
Our team will further build upon the policy review of the Land Use Element through a comprehensive existing
conditions analysis. This analysis will consider existing and planned land uses, buildout achieved, sites identified for the draft 6th Cycle Housing Element, and public input received (as further detailed in Task 7). Our team will utilize land use and zoning data at the parcel level, shapefiles developed through the draft 6th Cycle Housing Element sites inventory,
|
4 Dudek Proposal for
Land Use and Safety Element Update, Environmental Justice Element, and Environmental Compliance 2 / Understanding, Scope of Work, and Schedule
available data on existing and permitted affordable housing, and local community knowledge to provide context for
current and planned land use and site conditions. This
analysis will provide a foundation for informing where
planned land uses have been achieved and where infill
and vacant site opportunities exist, giving insight into needed changes in land use, zoning, and policy as well as community priorities for updates to the Land Use Element.
Safety Element
To provide a foundation for the Safety Element, Dudek will conduct an analysis of existing gaps and opportunities in policies. This analysis will build off the Vulnerability and Capability Assessment in the CAP , which outlined existing emergency planning documents. Dudek anticipates the
addition of analysis on the following topics not included in the CAP: updates to non-climate hazard data and maps, discussion of peak load water, and evacuation route
information. Relative to the noise component of the City’s Safety Element, Dudek will update data as necessary in
coordination with the environmental review (detailed in Task 9). After completing the existing conditions analysis, policy crosswalk, and gap assessment, Dudek will provide recommendations for the update to the Safety Element.
Required consultations with the California Geologic Survey and Office of Emergency Services will also occur under
this task.
Environmental Justice Element
Dudek will also conduct an existing conditions analysis for the Environmental Justice Element to provide insight and lay the groundwork for policy development. Dudek
will build on the work performed for the CAP and will
consider additional data sources, such as CalEnviroScreen
4.0, the SCAG HELPR 2.0 tool, the CARB Priority Population Investment Areas map, and the Public Health Alliance
of Southern California’s Healthy Places Index to include the remaining non-climate hazards and remaining
environmental justice concerns: pollution (other than air pollution), safe and sanitary homes, food access, park
access, and civic engagement. The existing assessment of active transportation and public facilities will be expanded to fully address SB 1000. Consistent with the CAP , Dudek will perform the background assessment for the entirety of the City, as only approximately 30% of the City’s population lives outside of what’s considered a disadvantaged
community per CalEnviroScreen 4.0. Dudek will build on
the equity assessment included in the CAP’s Capability
Assessment (Chapter 5) and incorporate the CAP policies meant to address these gaps.
The Dudek team understands the interconnectedness of
all elements of the General Plan as well as other relevant planning documents. The final policy crosswalk and
analysis of existing conditions will result in a comprehensive analysis that considers all relevant data, policies, gaps and opportunities, and their relationship to the land use, safety, and environmental justice elements. Finally, the existing conditions report, public outreach conducted, and policy crosswalk will be used as the foundation for the context of the elements, informing key opportunities, needed
changes, potential issues, and options for the development of the elements.
Task 2 Deliverables
■
Dra comprehensive existing conditions analysis
(Microso Word)
■
Dra policy crosswalk (Microso Excel)
■
Final comprehensive existing conditions analysis (PDF)
■
Final policy crosswalk (PDF)
Task 2 Assumptions
■
City Sta will provide one (1) round of consolidated
comments per dra deliverable in Word
|
5 Dudek Proposal for
Land Use and Safety Element Update, Environmental Justice Element, and Environmental Compliance 2 / Understanding, Scope of Work, and Schedule
TASK 3
Land Use Element Update
Building upon the findings of the existing conditions analysis and the policy crosswalk developed under Task 2, the
strategies selected from the environmental justice policy menu for inclusion into the Land Use Element (detailed
in T ask 6), and the community engagement conducted
under Task 7, Dudek will develop a recommendations
memorandum. The recommendations memo will include
up to three land use scenarios for consideration, provide context as to the potential impacts and outcomes of each scenario, and detail the feasibility of each scenario for implementation. Dudek will coordinate with interested
stakeholders, the Community Advisory Committee (CAC),
and City staff to develop a preferred land use scenario for incorporation into the final Land Use Element.
Concurrent with the development of a preferred land use scenario, Dudek will develop a draft Land Use Element
that meets the City’s needs while providing consistency across all documents. Considerations for the Land Use
Element will include the distribution, location, and extent of a variety of land uses to meet the City’s needs, including planned housing density and intensity consistent with the draft 6th Cycle Housing Element. This will include sites that are eligible to accommodate the lower-income housing
need, meeting the City’s state-required default density of 30 dwelling units per acre as well as planned land uses to ensure feasibility of meeting the City’s projected number of accessory dwelling units.
Further, the element will carefully consider equitable
allocation of resources through a mix of uses that increases access to opportunities and resources, such as recreation, employment, clean air, and education, especially for lower- income households. The Land Use Element will further
consider the findings and recommendations of both the
Safety and Environmental Justice Elements through such
considerations as air quality, safe and sanitary housing access, and flood and fire hazards. The Land Use Element will result in a plan that promotes a thoughtful, equitable, and accessible distribution of uses and intensities paired with policies that guide plan implementation in a manner consistent with community priorities, other elements of the General Plan, and the collective vision for the City.
Dudek assumes one round of consolidated comments from
the City on the administrative draft of the Land Use Element and, in response, will develop the draft Land Use Element for CAC review. One round of consolidated comments from the CAC is anticipated, and Dudek will incorporate edits for the public review draft of the Land Use Element. In response to all feedback received, Dudek will prepare the draft of the Land Use Element for review by City staff, where final edits are anticipated to be minimal. Our team will incorporate final edits and prepare the final draft for hearings.
Task 3 Deliverables
■
Land Use Scenario Recommendations Memorandum,
including up to three (3) dra land use scenarios
■
Preferred Land Use Scenario
■
Administrative dra Land Use Element update
■
CAC dra Land Use Element update
■
Public review dra Land Use Element update
■
Final dra Land Use Element update
Task 3 Assumptions
■
City Sta will provide one (1) round of consolidated
comments per dra deliverable in Word
■
Community Advisory Committee (CAC) members will
provide comments through a Dudek-created online
comment form
|
6 Dudek Proposal for
Land Use and Safety Element Update, Environmental Justice Element, and Environmental Compliance 2 / Understanding, Scope of Work, and Schedule
TASK 4
Safety Element Update
Dudek will develop a Safety Element for the City that
addresses the City’s unique safety concerns in a manner that addresses state legislative requirements, including those that has been adopted since the City’s Safety Element update in 2010. Building on the information gathered through the existing conditions analysis and policy crosswalk performed under Task 2, the prioritization of environmental justice strategies for inclusion in the Safety Element as described in Task 6, and the information and community input received through Task 7, Dudek will develop an administrative draft Safety Element for City review. Dudek will respond to City staff’s consolidated comments and will develop the Draft Safety Element for CAC review. Dudek will present the draft to CAC and discuss the element at a committee meeting.
Upon receiving feedback from CAC, Dudek will develop the Public Review Draft Safety Element. At this time Dudek will also work with the California Department of Forestry and Fire Protection (CAL FIRE) land planning staff and Resource Protection Committee to go through the review as outlined in Government Code section 65302.5. Dudek will draw on our staff of fire planning experts (including former CAL FIRE land use planning staff) and our experience successfully navigating CAL FIRE review on multiple Safety Elements to provide a Safety Element that adequately satisfies requirements under state law. Upon receiving public comments, Dudek will
develop the Final Draft Safety Element Update for the public hearing process.
Task 4 Deliverables
■
Administrative dra safety element (Microso Word)
■
CAC dra safety element (Microso Word)
■
Public review dra safety element (PDF)
■
Final dra safety element (PDF)
Task 4 Assumptions
■
City Staff will provide one (1) round of consolidated
comments in Word
■
CAC members will provide comments through a Dudek
created online comment form
|
7 Dudek Proposal for
Land Use and Safety Element Update, Environmental Justice Element, and Environmental Compliance 2 / Understanding, Scope of Work, and Schedule
TASK 5
Zoning Code Updates/Speci c Plan Amendments
Dudek understands the importance of developing plans
that work in concert with implementable regulations.
Further, our team is aware of the City’s priorities as it relates to the timely implementation of programs identified
in the draft 6th Cycle Housing Element, consistent
with the requirements under state law. Our team is
well-versed in Housing Element law, including specific
zoning requirements for a variety of housing types and
requirements associated with Housing Element rezone
programs. Building upon the update to the General Plan, specifically the Land Use Element, our team will conduct an in-depth analysis of the applicable zones and regulations, including relevant specific plans, that will implement the land uses of the General Plan. This will include an analysis of existing zones that can implement preferred land uses at appropriate densities, uses permitted under each zone and consistency with state laws, and applicable development standards. This will result in an administrative draft zoning consistency analysis with recommendations for review by City staff. Dudek anticipates that one round of consolidated client comments will be addressed before the zoning
consistency analysis is finalized.
Subsequent to the findings and recommendations of the
zoning consistency analysis, Dudek will work closely with City staff to incorporate amendments to the Zoning Code to ensure that the zone densities and permitted uses are consistent with the General Plan and requirements under state law. Dudek will provide a draft strikeout/underline version of the City’s Zoning Code for review by City staff.
Upon receipt of one round of consolidate comments, Dudek will finalize revisions to the Zoning Code. Following final revisions to the Zoning Code, using geographic information system (GIS) parcel level data, Dudek will develop a draft zoning map to ensure clear implementation of the General Plan and the City’s regulations. Dudek assumes up to
two working meetings with City staff and one round of
consolidated comments for revisions to the draft zoning map. Dudek will incorporate final revisions for the zoning map and will provide the client with all shapefiles.
Task 5 Deliverables
■
Dra zoning analysis, including recommendations
■
Zoning analysis, including recommendations
■
Dra updated regulations in strikeout/underline
■
Amended regulations in strikeout/underline and clean
■
Dra Zoning Map
■
Two (2) Working Meetings
■
Final zoning map (PDF and GIS shapefiles)
Task 5 Assumptions
■
Dudek assumes up to two (2) working meetings with
City sta .
■
Dudek assumes the zoning code/specific plan
amendment updates are limited specifically to
consistency with the updated land use element.
|
8 Dudek Proposal for
Land Use and Safety Element Update, Environmental Justice Element, and Environmental Compliance 2 / Understanding, Scope of Work, and Schedule
TASK 6
Environmental Justice Element
Building upon the research and analysis described in
Task 2 and outreach conducted through Task 7, Dudek
will develop the Environmental Justice Element and a
comprehensive menu of environmental justice goals,
policies, and objectives. This comprehensive "policy
menu" will allow for a variety of strategies to best address the City's concerns. This policy menu will be developed in coordination with the background information and
community engagement results. The policy menu will be
presented to City staff and CAC to provide for the selection and prioritization of strategies to inform the development of the Environmental Justice Element, as well as the updates to the Land Use and Safety Elements. Upon the selection and prioritization of strategies from the policy menu, Dudek will develop an Administrative Draft Environmental Justice Element for review by City staff. Dudek will respond to staff comments to generate the CAC review draft Environmental Justice Element. Upon receipt of feedback from CAC, Dudek will draft the Public Review Draft Environmental Justice Element. After public comments have been received, Dudek will develop the Final Draft Environmental Justice Element Update for the public hearing process.
Task 6 Deliverables
■
Administrative dra environmental justice element
(Microso Word)
■
CAC review dra environmental justice element
(Microso Word)
■
Public review dra environmental justice element (PDF)
■
Final dra environmental justice element (PDF)
Task 6 Assumptions
■
Sta will provide one (1) round of consolidated
comments in Word
■
CAC members will provide comments through a Dudek-
created online comment form
|
9 Dudek Proposal for
Land Use and Safety Element Update, Environmental Justice Element, and Environmental Compliance 2 / Understanding, Scope of Work, and Schedule
TASK 7
Community Engagement
With a team of in-house public outreach experts and
significant experience working with the communities we
serve, Dudek understands that community engagement
is paramount to a successful long-range planning effort.
Dudek planners have extensive experience working with
organizations, such as the Institute for Local Government and community benefit organizations, through varying
planning efforts and will use this experience to build a comprehensive and efficient engagement plan that will
guide the public and stakeholder engagement process
throughout the planning process. Our team is prepared to work with the City and its partners to deliver inclusive and responsive community engagement.
Subtask 7.1:
Establish a Community Advisory Committee
Dudek will assist the City and BOOST Partners in
soliciting interest in and forming a CAC. This will include recommendations for the variety of stakeholders and
interest groups to serve on the CAC and assistance in the development of CAC marketing materials, such as eblasts, to attract potential members. Dudek’s recommendations
will draw on our experience with establishing similar
committees and on our knowledge formed through
outreach conduced for the City’s CAP . For example, our team recommends the inclusion of youth in the planning
process using existing contacts through the Rialto Unified School District.
Subtask 7.2:
Community Engagement Plan
Dudek will develop a Community Engagement Plan
outlining the core interactive outreach methods that will be used to generate and gather meaningful and inclusive feedback. Potential outreach activities include pop-up
activities, virtual workshops, surveys, and working sessions with CAC. Each outreach method will identify a purpose, key content and questions, a timeline for the method, and responsibilities for Dudek, the City, and BOOST Partners.
The strategies of the Community Engagement Plan will
ensure that the outreach conducted is inclusive of all
groups in the City, including outreach to be conducted in Spanish and English as well as considerations for ways to engage hard-to-reach groups or groups that have been
traditionally left out of the planning process.
Dudek will provide an Administrative Draft Community
Engagement Plan to the City and BOOST Partners for
review. Dudek will perform edits based on those comments and will provide the Draft Community Engagement Plan
to the BOOST Partners, who will present the plan to CAC.
Upon receiving CAC comments, Dudek will incorporate
further edits. The Community Engagement Plan will be a
living document that is responsive to community needs.
This means that the document will not be finalized, but instead will reassess at varying stages of engagement to ensure that overarching engagement goals for inclusive and equitable participation are being met.
Subtask 7.3:
Engagement Implementation
Dudek will collaborate with the City and BOOST Partners on community engagement implementation to efficiently
allocate resources and support in a manner that meets the City’s needs.
POP-UP EVENTS
Pop-up events are a great way to meet residents out in
the community and engage those who may not otherwise
be engaged in the planning process. Depending on the
event and its location, it has the potential to bring people to the table who may not typically be engaged. Dudek will collaborate with City staff in the development of engaging in-person activities and will provide engagement materials and promotional flyers for pop-up events.
|
10 Dudek Proposal for
Land Use and Safety Element Update, Environmental Justice Element, and Environmental Compliance 2 / Understanding, Scope of Work, and Schedule
VIRTUAL WORKSHOPS
Dudek will support two (2) virtual workshops. Dudek will work with the BOOST partners to develop a presentation
that explains the planning process and solicit input from the public though interactive forums, polls, and open
discussion. Dudek will outline the important data points that need to be gathered at each meeting to ensure
the workshops provide valuable information to the
development of the general plan. Additionally, Dudek will provide the City and BOOST Partners with promotional
material for social media, and a Dudek staff member will attend each workshop to answer questions and take notes.
SURVEYS
Dudek will develop survey questions soliciting feedback on land use, safety, and environmental justice. Dudek will review the recent CAP and Housing Element surveys to
build upon the information already obtained. Dudek will produce a survey for distribution that can be completed in five to ten minutes, but still allow respondents to dig deeper on certain issues or topics they’re especially passionate about. The survey will be available in both English and Spanish. Dudek understands that technology can be a
barrier to entry for online surveys, so we will work with City staff and BOOST Partners to assess the potential for physical survey dispersal at pop-up events, or with partners such as the City’s Senior Center and school district.
Dudek will include demographic questions in the survey
to allow for an understanding of the demographic
representation of respondents which the City and BOOST
Partners can compare to the Census data to determine
its representativeness. Dudek will work with the City and BOOST partners to review the representativeness data
and adjust the outreach plan if the survey is not reaching a diverse group of residents. It is important to note that because youth populations are more diverse than adult
populations in many communities, the City and BOOST
may try to focus the survey toward youth or pick a
representative population to reflect a future Rialto.
CAC MEETINGS
Dudek will work with BOOST Partners to provide CAC
meeting support in the form of presentation materials and technical support.
Dudek will support three (3) CAC meetings. Dudek will
work with the BOOST partners to develop a presentation
to educate the CAC members on the planning process and
solicit input for the development of the three elements.
Dudek will work with the BOOST partners to create three distinct input activities (one per meeting) that reflect the three stages of outreach, visioning, prioritizing, and reflecting. Building on our experience in developing the CAP , the presentation and data collection will clearly outline the purpose of the general plan elements, and
provide the CAC with data to be able to weigh potential trade offs in policy. For example, when generating feedback on TAC policies, Dudek planners plotted them by their
effectiveness and cost, so that members of the public could better understand the real world impact of a particular choice. Additionally, Dudek will provide the City and BOOST Partners with promotional material for social media, and a Dudek staff member will attend each CAC meeting virtually to answer questions and take notes.
ENGAGEMENT SUMMARIES
Dudek will ensure that the community engagement
process is contained within the general plan in the form of engagement summaries. The elements will discuss the
extent of outreach performed, including outreach methods and groups involved. In coordination with BOOST Partners, Dudek will compile the feedback and data received
from engagement in a visually appealing way that easily conveys information. Dudek will also provide context
for any overarching themes discussed and highlight any
community-generated policies or actions.
Task 7 Deliverables
■
Administrative Dra , Dra , and Final Community
Engagement Plan
■
Survey in English and Spanish
■
Community engagement flyers and activity materials for
two workshops and three CAC meetings
■
Summaries of community engagement activities
Task 7 Assumptions
■
City outreach sta will lead and sta pop-up events and provide Dudek with data collected.
|
11 Dudek Proposal for
Land Use and Safety Element Update, Environmental Justice Element, and Environmental Compliance 2 / Understanding, Scope of Work, and Schedule
■
BOOST Partners will host virtual workshops and provide
recordings and data collected.
■
The City and BOOST Partners will be responsible for
survey dispersal but will o er support in the form of
developing a flyer which can be posted on social media
or in di erent locations throughout the City and provide data to Dudek.
■
BOOST Partners will lead the two (2) public workshops
and three (3) CAC Meetings. Dudek will help BOOST
Partners to set up the virtual workshops and meetings.
One member of the Dudek team will attend virtually.
TASK 8
Legal Review Of Draft Documents
Our team is well-versed in state legislation governing
General Plans, land use, and housing. We understand
the complexities related to the provision of a variety of housing types and will ensure state legislation is carefully considered through all stages of plan development and
zoning code updates. We will allow time for City Attorney review, as well as necessary edits in response to City
Attorney review.
Task 8 Deliverables
■
No Dudek deliverables
TASK 9
California Environmental Quality Act
Clearance
Subtask 9.1:
Approach/Project Description
Dudek will prepare a list of data needs and meet with
the project team to collect data, plans, and preliminary reports, as available. Dudek will review materials provided by the City to identify any data gaps and confirm our
understanding of the project at this juncture, which is that an Environmental Impact Report (EIR) will be needed to
evaluate the proposed changes to the General Plan, Zoning Codes, and Specific Plans
Before initiating the Notice of Preparation (NOP) or
technical analyses, Dudek will prepare a draft project
description for use in the Program EIR. The description will be based on available information from the data collected.
One round of team comments will be addressed prior to
submittal to the City as part of the NOP (discussed under Subtask 9.2). By defining the project early and obtaining City concurrence, we can start identifying potential project impacts, confirming the approach to the analyses, and
ensuring consistency between the EIR and the proposed
General Plan elements updates.
Subtask 9.2:
Notice of Preparation
Dudek will prepare an NOP that will include a list of the potentially significant environmental impacts of the
proposed project. Due to the aggressive timeline required to complete the environmental review process an Initial Study will prepared with the goal to scope out issue
topics, if possible. The NOP will also discuss the type of environmental document to be prepared. An administrative draft NOP will be provided to the City for review, and one round of revisions will be completed. It is assumed that the City will provide the distribution list and Dudek will complete distribution of the NOP . After the 30-day NOP public comment period has ended, Dudek will prepare a
summary table of the issues raised in the NOP comment
letters to be addressed in the Draft Program EIR.
Dudek will participate in one online public scoping meeting for the Draft Program EIR. Dudek will prepare EIR-related public scoping meeting materials, including a presentation that summarizes the proposed project, the CEQA process, and the potential environmental impacts of the proposed project.
Dudek will assist with meeting facilitation and note-taking.
Subtask 9.3:
Technical Analyses
Dudek will summarize the technical analyses within each respective EIR section and include the supporting data and modeling results in the appendices rather than preparing stand-alone technical reports. Our team includes key
technical staff who will also act as the primary authors of each respective EIR section. This approach will avoid duplication, reduce preparation and review time, and allow for cost and schedule efficiencies.
|
12 Dudek Proposal for
Land Use and Safety Element Update, Environmental Justice Element, and Environmental Compliance 2 / Understanding, Scope of Work, and Schedule
Air Quality Analyses
Dudek will prepare an assessment of the air quality impacts of the proposed project. While construction is project- specific and difficult to estimate at a program level, for disclosure purposes, Dudek will estimate construction
emissions of criteria air pollutants using the California Emissions Estimator Model (CalEEMod) based on basic
land use inputs. If appropriate, Dudek will identify
mitigation measures to be incorporated into future projects.
Operational emissions will be estimated for the first year of full operation after buildout Dudek will estimate the emissions from operation of the existing land use parcels that would change under the Land Use Element Update and Zoning Code Updates/Specific Plan Amendments, which
will be used to calculate the net change in criteria pollutants associated with the proposed land use designation changes under the proposed General Plan element updates.
It is assumed that a construction health risk assessment and an operational health risk assessment are not required.
Dudek will qualitatively evaluate health effects of criteria air pollutant emissions. The approach and methodology,
along with daily criteria air pollutant emission modeling calculations, will be included in an appendix to the Draft Program EIR.
Cultural Resources Assessment
Dudek’s robust Cultural Resources Practice is built on
the experience of highly qualified archaeologists and
architectural historians who meet the Secretary of the
Interior’s Professional Qualification Standards, and have extensive experience preparing both project-specific
and programmatic analyses in support of complex CEQA
projects. For the purposes of this project, we assume
that a programmatic cultural resources analysis is most appropriate. The programmatic analysis includes the
following:
•
Completion of a California Historical Resources
Information System (CHRIS) records search
•
Native American coordination, including request of
a Sacred Lands File search with the Native American
Heritage Commission, outreach letters to tribes, and
assistance with the City’s required Assembly Bill 52 and SB 18 processes
•
Limited background research to develop a project-area
context for the Draft Program EIR
•
Completion of a cultural resources impacts assessment
in support of the Draft Program EIR
No resource evaluations or intensive-level surveys will be conducted as part of the analysis. However, the
Draft Program EIR will include mitigation measures for identification and treatment of archaeological and historic built environment resources to facilitate future project- specific activities within the proposed project area. Dudek will also provide all required paleontological resources services in support of the Geology section of the Draft Program EIR.
Greenhouse Gas Emissions And Energy Analyses
Dudek will estimate the greenhouse gas (GHG) emissions
associated with construction and operation (mobile
sources, natural gas usage, electrical generation, water supply, wastewater, and solid waste disposal) from
buildout of the proposed General Plan element updates
using CalEEMod based on the same assumptions used for
the air quality analysis. Dudek will also estimate the GHG emissions from operation of the existing land use parcels that would change under the proposed General Plan
element updates, which will be used to calculate the net change in GHG emissions.
Dudek supported the City in its adoption of a Climate
Adaption Plan (CAP) in October 2021. Dudek will work with the City to integrate and build off the work completed for the adopted CAP during preparation of the amended and
new General Plan Elements. In addition, Dudek will discuss how the proposed project complies with state regulations and applicable goals, objectives, and policies that help the City contribute to regional GHG reduction efforts.
Dudek will include an energy assessment per Appendix
G of the State CEQA Guidelines. Construction and
operational energy consumption will be quantified to
the extent estimation methods and accurate inputs are
available. Electricity and natural gas usage associated with development under the proposed General Plan
element updates will be estimated using CalEEMod default values. Petroleum consumption will be estimated using
CalEEMod and based on the same equipment and vehicle
|
13 Dudek Proposal for
Land Use and Safety Element Update, Environmental Justice Element, and Environmental Compliance 2 / Understanding, Scope of Work, and Schedule
assumptions assumed in the air quality and GHG emissions analyses. Dudek will also estimate existing energy usage to prepare a net-energy consumption analysis. Strategies required under the proposed General Plan element updates that would reduce future development’s energy demand
during construction and operations will be identified in the analysis and quantified as available. The approach and methodology, along with the GHG and energy modeling
calculations, will be included in an appendix to the Draft Program EIR.
Noise Analyses
Dudek proposes to study the effect of the proposed project on noise levels at adjoining pre-existing receivers in City areas by considering the updated and new General Plan
elements as both a regional influence on roadway traffic volumes and a localized influence due to potential new
construction activities. Dudek will assess changes to traffic noise emission by comparing existing and future volumes (e.g., average daily traffic or peak hour [a.m./p.m.]) for up to three (3) growth strategy outcomes (e.g., build-out year or other criterion that defines a “future” scenario). Traffic noise for the existing conditions scenario will be estimated with the Federal Highway Administration (FHWA) Traffic
Noise Model (version 2.5) or an alternative method at
Dudek’s discretion. Dudek will evaluate screening distances within which anticipated area and how typical construction activities may cause noise impacts with respect to Section
9.50.070 of the City code. Dudek will also evaluate screening distances within which noise from newly constructed and operating residential stationary sources (i.e., HVAC and refrigeration units) may exceed thresholds per the City of Rialto General Plan Safety and Noise Element. Dudek
will revise the noise analyses and respond to one round of comments from the City. The approach, methodology,
and analysis will be included in an appendix to the Draft Program EIR.
Transportation
Dudek will prepare a program-level transportation analysis in accordance with the City’s Traffic Impact Analysis Report Guidelines and Requirements (2013). SB 743 requires that vehicles miles traveled (VMT) replace levels of service (LOS) as a project’s impact metric for transportation
impacts. Dudek understands the City is in the process of adopting VMT guidelines and thresholds. Upon adoption
of the VMT guidelines, Dudek may revise the scope to
reflect the newly adopted guidelines, if necessary. The State’s Office of Planning and Research’s (OPR) Technical Advisory on Evaluating Transportation Impacts in CEQA
(December 2018) will be used to determine the project’s CEQA transportation impacts until the City’s VMT guidelines and thresholds have been adopted. Some potential
development under the proposed project may be screened
out of VMT analysis per City/OPR thresholds, while others may require further analysis. In addition, where possible, project access will be analyzed for bicycle, pedestrian, and transit accessibility. For any significant project traffic impacts found, Dudek will determine appropriate and
feasible mitigation measures to offset significant project impacts. The methodologies, assumptions, assessment,
findings, and mitigation measures (if any) will be
summarized in the transportation section. All necessary tables, figures, and appendices will be provided.
Subtask 9.4:
Draft Program EIR
Our approach to preparing the Draft Program EIR will be to prepare a programmatic analysis of the whole proposed
project with the goal of establishing performance standards that will streamline future environmental review and
application processing for subsequent projects within the General Plan area. More specifically, future streamlining opportunities may occur pursuant to the following:
•
Section 15183 of the State CEQA Guidelines for projects that are consistent with the densities established by the existing zoning, the community plan, and/or the general plan for which an EIR was certified
•
Section 15183.3 of the State CEQA Guidelines,
streamlining for infill exemptions pursuant to SB 226
for transit priority projects identified by the San Diego Association of Governments (SANDAG)
•
Section 15332, categorical exemptions for in-fill
development projects
Each technical section of the Draft Program EIR will
describe the existing physical conditions; relevant
federal, state, and local laws and regulations; and the methods of analysis and standards of significance used
for determining the impacts of the proposed project,
|
14 Dudek Proposal for
Land Use and Safety Element Update, Environmental Justice Element, and Environmental Compliance 2 / Understanding, Scope of Work, and Schedule
including any assumptions necessary to understand the
conclusions of the analyses. Additionally, the Draft Program EIR will discuss the aforementioned CEQA streamlining
opportunities (Section 15183 for projects consistent with the General Plan, Section 15183.3 for SB 226 transit priority projects identified by SANDAG, and Section 15332 for in-fill projects) as part of the regulatory setting and will include the procedural framework as part of the analysis.
A total of two screencheck drafts, and one print-ready
public review draft of the Program EIR will be prepared and provided to the City for review. Once comments
on the first Screencheck Draft Program EIR have been
received, Dudek will incorporate all comments and submit (electronically) a second Screencheck Draft Program EIR to the City for review. To address comments on the first Screencheck Draft Program EIR that require additional
discussion, if any, we recommend draft review meetings
with all pertinent reviewing parties present to make edits in real time to address any potential conflicts and resolutions immediately, thus potentially eliminating the need for
subsequent revisions. Dudek has found this approach is
successful, especially when serving as an extension of staff to the lead agency and can save a substantial amount of time. This scope assumes Dudek will participate in up to two (2) 1.5-hour working meetings with City staff.
Once comments are resolved, Dudek will prepare a second Screencheck Draft Program EIR for the City to conduct a final review. It is anticipated that comments received on the second Screencheck Draft Program EIR will be minimal and mostly editorial in nature. Dudek will then prepare the print- ready Public Review Draft Program EIR for a 45-day public review. Dudek will file the Draft Program EIR with the State Clearinghouse and the County Clerk. Dudek will complete the distribution and noticing requirements in accordance with CEQA.
Subtask 9.5:
Final Program EIR
First Screencheck Final EIR
Following conclusion of the 45-day public review period, in coordination with City staff, Dudek will catalog, bracket, and categorize all comments received on the Draft Program EIR; prepare responses to public comments received on
the Draft Program EIR; and identify revisions to the Draft Program EIR text via an Errata, if necessary. For purposes of cost estimation, this proposal assumes Dudek’s response to no more than 50 individual public comments on the Draft Program EIR from all comment letters received (note that a single comment letter may contain multiple comments). If more than 50 comments are received, an amended scope
shall be prepared for City approval to address additional comments. Dudek will prepare topical responses for
recurring issues, as needed. The preparation of topical responses can help achieve schedule and cost efficiencies.
Final Program EIR
Based on comments from City staff, Dudek will prepare the Final Program EIR for certification. Dudek will assemble the Final EIR and provide the necessary copies and digital files to City staff to take the Final Program EIR through the hearing process to certification. Dudek assumes that there will be one round of review for the Final Program EIR before finalizing the documents for certification. The Final Program EIR and responses to comments will be submitted to the City for distribution. It is assumed that copies for the Planning c Commission and the City Council will be
provided via CDs or through an FTP site or ShareFile.
Subtask 9.6:
Mitigation Monitoring and Reporting Program
Once the public review comments have been addressed
and all revisions to the Final Program EIR are complete, Dudek will prepare the Mitigation Monitoring and Reporting Program (MMRP) for inclusion in the Final Program EIR.
The MMRP will include a brief project description, a list of agencies with jurisdiction over the proposed project, monitoring roles and responsibilities, and general
monitoring procedures. For each mitigation measure
identified in the Final Program EIR, the party responsible for the monitoring, scheduling, and reporting requirements and effectiveness criteria will be identified.
Subtask 9.7:
Findings of Fact and Statement of Overriding
Considerations
Also included as part of the Final Program EIR package
will be the Findings of Fact and a Statement of Overriding Considerations, if necessary. Dudek will coordinate with City Counsel to prepare draft Findings of Fact, utilizing a recently adopted example of the findings prepared by the City. A Statement of Overriding Considerations may be
|
15 Dudek Proposal for
Land Use and Safety Element Update, Environmental Justice Element, and Environmental Compliance 2 / Understanding, Scope of Work, and Schedule
required if significant unmitigated impacts are identified as part of the CEQA review process. The Statement of
Overriding Considerations will be prepared if the City
finds that the benefits of the proposed project outweigh unavoidable adverse environmental effects. The statement will set forth the specific overriding social, economic, legal, technical, or other beneficial aspects of the proposed
project supporting the City’s decision; this will be based on substantial evidence in the Final Program EIR or
elsewhere in the record. If financial information is required to utilize an economic override, such information shall be provided by the City. Similarly, if technical, engineering, or other information is required to show the infeasibility of measures, such information shall be provided by the
project engineer or appropriate technical expert.
Assumptions
■
Infrastructure data to support the Program EIR will be
provided by the City.
■
The project description is not expected to be revised in terms of a significantly changed project footprint, unit count, or development concept. If new issues arise or the scope of the proposed project is modified substantially, a contract augment may be necessary.
■
Additional City requirements not specified in this scope are not assumed. This scope is based on the 2020 State
CEQA Guidelines.
■
The City will conduct a maximum of two (2) screencheck
dra reviews of the Dra Program EIR.
■
Filing fees for the Notice of Determination at the County Clerk’s o ice (including California Department of Fish
and Wildlife fees) and any additional fees associated
with noticing or distributing the Dra Program EIR are
included and will be billed as direct costs.
■
Dudek can only ensure compliance with schedule
milestones that are fully under our control (i.e.,
preparation of work products).
■
This scope of work does not include revisions due to
project changes or additional requirements of the City.
Additional work, if needed, will be conducted according to fee schedules in e ect at the time additional work is requested.
Task 10
.
Public Meetings and Hearings
Dudek will assist in presenting the Land Use, Safety,
and Environmental Justice Elements as well as the
recommended updates for the Zoning Code to the Planning Commission and City Council for public hearing and
approval/adoption. Dudek will provide draft presentations for each meeting or hearing. It is anticipated that two meetings for each of the hearing bodies will be needed, and one hearing for each of the hearing bodies, for a total of six public meetings.
Task 10 Deliverables
■
Up to six (6) dra presentations (PowerPoint)
■
Attendance at up to four (4) planning commission or city council meetings (in person)
■
Attendance at up to two (2) public hearings (in person)
TO:
CITY OF RIALTO
SUBJECT:
TRAFFIC DATA COLLECTION AND TRUCK ROUTE EXHIBIT
[
OCTOBER 2022
]
2 TASK 11.
TRAFFIC DATA COLLECTION
AND TRUCK ROUTE EXHIBIT
Task 11.1
Traffic
Counts
Dudek will collect AM and PM peak hour traffic counts (including bicycle and pedestrian volumes) at up to 52 intersections (including the new intersections at Pepper St./Interstate -
210) and 24
-
hour
average
daily traffic
(ADT)
volumes at up to 40 roadway se
gments.
The City has collected 24
-
hour roadway segment counts
(with axle
classification)
at approximately 86 locations as part of the
2022 Citywide Truck Route Study (Draft 2022)
. Dudek
will confirm the locations where new 24
-
hour roadway segments would be
collected with the City
before initiating
the data collection task
.
Dudek will not be including axle classification in the peak hour or daily ADT counts. Raw traffic count sheets in electronic format and a map showing the locations of traffic data collect ion wi
ll
be provided
to the City.
Task
11.1 Deliverables
Raw Traffic Count Sheets and map showing
the
location
s
of
traffic
data
collection
Cost for Task
11.1 ................................
................................
................................
..............................
$
21,022.00
Task 11.2 Update
the
City of Rialto Truck Route
Exhibit
Dudek will
update the existing Truck Routes exhibit in the City of Rialto General Plan (2010) per the Recommended Truck Routes exhibit provided by the City.
Dudek will obtain the GIS
shapefile for the roadway
network from
the City
and update to reflect the exhibit pr
ovided for the recommended truck routes
.
Task
11. 2
Deliverables
Figure showing
the
City of Rialto
Recommended
Truck Route
(
in GIS and pdf format
)
.
Cost for Task
11. 2
................................
................................
................................
................................
$
2 ,
1 20
.00
TOTAL COST FOR TASK
11. ................................
................................
................................
......
$
2 3,
1 42
.00
P222151 (Land Use Safety Element Update, Enviro, Traffic) - Copy Cost Proposal
Updated 11.28.22
Project Team Role:
Project
Director
Specialist IV
Specialist III
Specialist III
Analyst V
Specialist I
Senior
Specialist II
Specialist III
Senior
Specialist I
Creative
Services IV
Analyst III
Technical
Editor ll
Specialist IV
Subconsultant
Fees
Team Member:
Asha Bleier
Elizabeth
Dickson
Erika Van
Sickel
Rose
Newberry
Henry Eckold
Janet Rodriguez
Ronelle
Candia
Emily Seklecki
Danielle
Berger
Raoul Ranoa
Justin
Nakhonthap
Hannah
Wertheimer-
Roberts
Sabita Tewani
Traffic Counts
Billable Rate:
$255.00
$175.00
$165.00
$165.00
$130.00
$140.00
$210.00
$165.00
$195.00
$165.00
$105.00
$135.00
$175.00
Fee
Task 1
Project Management and Meetings
16 40
20 40
20 136
$23,580.00
$23,580.00
Task 2
Research/Analysis
2.1 Land Use
4 32
44 40
48 8
176
$25,600.00
$25,600.00
2.2 Safety
6 40
48 8
8 110
$16,290.00
$16,290.00
2.3 Environmental Justice
8 56
64 24
8 160
$23,200.00
$23,200.00
Subtotal Task 2
18 32
44 96
112
40 80
24 446
$65,090.00
$65,090.00
Task 3
Land Use Element Update
4 56
64 40
40 8
212
$32,260.00
$32,260.00
Task 4
Safety Element Update
8 64
72 16
8 168
$24,720.00
$24,720.00
Task 5
Zoning Code Updates/Specific Plan Amendments
32 56
40 128
$19,040.00
$19,040.00
Task 6
Environmental Justice Element
24 64
79 24
16 207
$31,630.00
$31,630.00
Task 7
Community Engagement
16 16
16 16
16 40
24 144
$24,160.00
$24,160.00
Task 8
Legal Review of Draft Documents
Task 9
CEQA Clearance
252
556
40 848
$150,060.00
$150,060.00
Task 10
Public Meetings and Hearings
8 16
8 16
5 53
$9,450.00
$9,450.00
Task 11
Traffic Data Collection and Truck Route Exhibit
80 80
$14,000.00
$9,142.00
$23,142.00
Total Hours
78 192
208
296
304
96 252
556
40 24
200
96 80
2422
Total
$19,890.00
$33,600.00
$34,320.00
$48,840.00
$39,520.00
$13,440.00
$52,920.00
$91,740.00
$7,800.00
$3,960.00
$21,000.00
$12,960.00
$14,000.00
$393,990.00
$9,142.00
$403,132.00
Percent of Hours (Base)
3%
8%
9%
12%
13%
4%
10%
23%
2%
1%
8%
4%
3%
TOTAL FEE
Dudek Labor Hours and Rates
TOTAL
DUDEK
HOURS
DUDEK LABOR
COSTS
Dudek Project Budget Created
11/28/20226:43 PM
B-1
EXHIBIT “B”
“COST PROPOSAL”
B-2
C-1
EXHIBIT “C”
“SCHEDULE OF PERFORMANCE”
C-2