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Agreement No. 3897
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”), entered into as of _________________ (“Execution Date”), by and between the City of Santa Monica (“City”) and Rincon Consultants, Inc. (“Rincon”), is made with reference to the following:
RECITALS:
A. The City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City.
B. RINCON is qualified to do business, and is doing business, in the State of California.
RINCON represents it has the background, knowledge, experience and expertise necessary to provide the services set forth in this Agreement.
C. The City and RINCON now desire to enter into an agreement for RINCON to provide professional services to the City.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:
TERMS AND CONDITIONS
1. Term. This Agreement begins on the Execution Date and terminates on April 30, 2025, unless sooner terminated in accordance with Section 14.
2. RINCON Services. RINCON will perform all of the services (“Services”) described in Exhibit A, Scope of Services and Budget. RINCON will complete the Services in accordance with Exhibit A.
3. City Services. The City agrees to:
3.1 Make available to RINCON any currently existing documents, data or information required for the performance of the Services.
3.2 Designate a representative authorized to act on behalf of City.
3.3 Promptly examine and render findings on all documents submitted for staff review by RINCON.
4. Compensation. The City will compensate RINCON for the Services performed in an amount not to exceed $58,930.85, as set forth in Exhibit A.
5. Invoices. RINCON will invoice the City for the Services in accordance with Exhibit A and the City will pay any undisputed amount within 30 days of receipt.
6. Notices. All notices, demands, requests or approvals to be given under this Agreement, must be in writing and will be deemed served when delivered DocuSign Envelope ID: C40628FD-6049-4015-9E4B-D696DC093D11 2/27/2024
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personally, by email, or on the third business day after deposit in the United States mail, postage prepaid, registered or certified, addressed as follows:
6.1All notices, demands, requests or approvals to the City:
Planning Division
City of Santa Monica
1685 Main Street, Mail Stop 28
Santa Monica, California 90401
Attention: Cary Fukui
Re: Agreement No. 3897
with a copy to:
Santa Monica City Attorney’s Office
1685 Main Street, Third Floor
Santa Monica, California 90401
Attention: City Attorney
Re: Agreement No. 3897
6.2All notices, demands, requests or approvals to RINCON:
Rincon Consultants, Inc.
250 East 1st Street, Suite 1400
Los Angeles, California 90012
Attention: Sarah Lejeune
Re: Agreement No. 3897
7. Independent Parties. Both parties to this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers of one another. Neither the City nor its officers or employees will have any control over the conduct of RINCON or any of RINCON’s agents, employees, or subconsultants, except as otherwise provided in this Agreement.
8. Integrated Agreement. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties. Any preliminary negotiations and agreements of any kind or nature are merged into this Agreement. No oral agreement or implied covenant may be held to vary the provisions of this Agreement. This Agreement may be modified only by written agreement signed by City and RINCON, and approved as to form by the City Attorney.
9. Insurance. Prior to commencing work, RINCON must procure, maintain and pay for insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the Services by RINCON or RINCON’s agents, representatives, employees or subconsultants for the duration of DocuSign Envelope ID: C40628FD-6049-4015-9E4B-D696DC093D11 - 3 - Rev. October 2023
this Agreement. RINCON must obtain insurance that, at a minimum, meets the requirements for insurance set forth in Exhibit B, Insurance Requirements and Verifications.
10.Defense and Indemnification.
10.1 Indemnification. As to RINCON’s Services produced under this Agreement, RINCON agrees to defend, indemnify, protect, and hold harmless the City, its agents, officers, boards and commissions, and employees (collectively, “City”) from and against any and all liability, claims, demands, damages, or costs, including but not limited to attorney’s fees, or payments for injury to any person or property (collectively, “Losses”) caused or claimed to be caused by the acts, errors and/or omissions of RINCON, or RINCON’s employees, agents, officers, and subconsultants. RINCON’s responsibilities under this Section
10.1 include liability arising from, connected with, caused by, or claimed to be caused by the active or passive negligent acts or omissions of the City, which may be in combination with the acts or omissions of RINCON, its employees, agents or officers, or subconsultants; provided, however, that RINCON’s duty to defend, indemnify, protect and hold harmless shall not include any Losses arising from the sole negligence or willful misconduct of the City.
Notwithstanding RINCON’s obligation to defend City hereunder, City has the right to conduct its own defense and seek reimbursement for reasonable costs of defense from RINCON, if City chooses to do so.
10.2 Enforcement Costs. RINCON agrees to pay any and all costs the City incurs enforcing the indemnity, defense and hold harmless provisions set forth in Section 10.1.
11. Prohibition Against Transfers.
11.1 RINCON may not assign, hypothecate, or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of City. Any attempt to do so without the City’s consent will be null and void, and any assignee, hypothecatee or transferee acquires no right or interest by reason of such attempted assignment, hypothecation or transfer.
11.2 The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of RINCON or of any general partner or joint venturer or syndicate member of RINCON, if a partnership or joint venture or syndicate exists, which results in changing the control of RINCON, will be construed as an assignment of this Agreement. Control means 50% or more of the voting power of the corporation.
DocuSign Envelope ID: C40628FD-6049-4015-9E4B-D696DC093D11 - 4 - Rev. October 2023
12.Permits and Licenses. RINCON, at its sole expense, must obtain and maintain during the term of this Agreement all required business and professional permits, licenses and certificates.
13.Waiver. A waiver of any breach of this Agreement may not be deemed a waiver of any subsequent breach of the same or any other term, covenant, or condition of this Agreement.
14.Default and Termination.
14.1 If RINCON fails or refuses to perform any of the provisions of this Agreement, and if the default is not cured within a period of five days after the City’s written notice of default specifying the nature of the default, City may immediately terminate this Agreement by written notice to RINCON.
14.2 The City has the option, at its sole discretion and without cause, of terminating this Agreement by giving ten days’ written notice to RINCON. Upon termination of this Agreement, City will pay RINCON any compensation earned and unpaid up to the effective date of termination.
15.Compliance with Law. RINCON must comply with all laws of the State of California and the United States, and all ordinances, rules, and regulations enacted or issued by City.
16.Discrimination. RINCON may not discriminate in the provision of services hereunder because of race, color, religion, national origin, ancestry, sex, age, sexual orientation, marital status, AIDS or disability.
17.Nuisance. RINCON may not maintain, commit, or permit the maintenance or commission of any nuisance in connection with the performance of services under this Agreement.
18.Records.
18.1 RINCON must maintain complete and accurate records with respect to costs, expenses, receipts and other such information required by the City for any services provided where compensation is on the basis of hourly rates, subconsultant costs, or other direct costs. RINCON must keep the records, together with supporting documents, separate from other documents and records and maintain them for a period of three years after receipt of final payment.
18.2 RINCON must maintain records in sufficient detail to permit an evaluation of the Services and in accordance with generally accepted accounting principles.
RINCON must clearly identify all records and make them readily accessible to the City. At the City’s request, RINCON must provide records in an electronic format and, if necessary, access to any proprietary software to view such electronic records.
DocuSign Envelope ID: C40628FD-6049-4015-9E4B-D696DC093D11 - 5 - Rev. October 2023
18.3 RINCON must allow the City to have free access to RINCON’s books and records and to inspect all work, data, documents, proceedings and activities related to this Agreement. The City has the right to examine or audit RINCON’s records, and RINCON agrees to cooperate with any examination or audit of its records. If a City audit discloses an error of 5% or more in information reported by RINCON, RINCON agrees to pay the cost of the City’s audit computed on the basis of four times the direct payroll of the audit staff completing the audit and audit report.
19.Work Product; Reports.
19.1 Any work product prepared or caused to be prepared by RINCON or any subconsultant for this Agreement will be the exclusive property of City. No work product given to or prepared by RINCON or any subconsultant pursuant to this Agreement may be made available to any individual or organization by RINCON without prior written approval by City.
19.2 At the City’s request, RINCON must furnish reports concerning the status of the Services.
20.Standard of Care. RINCON agrees to provide all Services, including services performed by any subconsultant, in a manner consistent with the level of care and skill ordinarily exercised by members of RINCON’s profession currently practicing in the same locality under similar conditions.
21.Subconsultants.
21.1 If RINCON proposes to have any subconsultant perform any part of the Services, RINCON must submit a request for approval in writing, describing the scope of work to be subcontracted, the name of the proposed subconsultant, and the total price or hourly rates used in preparing an estimated cost for the subconsultant’s services. The City, in its sole discretion, may grant or deny the request.
21.2 RINCON will be responsible for the quality of any subconsultant’s work. Every subcontract or agreement of any kind entered into between RINCON and any subconsultant (or between any subconsultant and others) must contain the following provision:
This agreement is consistent with all terms and conditions of the Agreement No. ______ entered into between the City of Santa Monica and RINCON on^^____________________.
22.Governing Law. The laws of the State of California, without regard to any choice of law provisions, will govern this Agreement.
23.Venue and Jurisdiction. The City and RINCON agree that the Services will take place in Los Angeles County. Any litigation arising out of this Agreement may only DocuSign Envelope ID: C40628FD-6049-4015-9E4B-D696DC093D11 - 6 - Rev. October 2023
be brought in either the United States District Court, Central District of California, or the Superior Court of California, County of Los Angeles, West District, as appropriate. The parties agree that venue exists in either court, and each party expressly waives any right to transfer to another venue. The parties further agree that either court will have personal jurisdiction over the parties to this Agreement.
24.Survival of Provisions and Obligations. Any provision of this Agreement, which by its nature must be exercised after termination of this Agreement, will survive termination and remain effective for a reasonable time. Any obligation that accrued prior to termination of this Agreement will survive termination of this Agreement.
25.Execution in Counterparts. This Agreement may be executed in counterparts with the same effect as if both parties hereto had executed the same document. All counterparts shall be construed together and shall constitute a single modification.
Any signature to this Agreement transmitted electronically through DocuSign or PDF shall be deemed an original signature and be binding upon the parties hereto (it being agreed that such electronic signature shall have the same force and effect as an original signature).
26.Exhibits. The following exhibits are incorporated by reference into this Agreement as though fully set forth herein.
Exhibit A Scope of Services and Budget
Exhibit B Insurance Requirements
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In witness whereof, the parties have caused this Agreement to be executed the day and year first above written.
ATTEST:
______________________________
DENISE ANDERSON-WARREN
City Clerk
APPROVED AS TO FORM:
______________________________
LANE DILG
City Attorney
CITY OF SANTA MONICA,
a municipal corporation
By:
______________________________
RICK COLE
City Manager
#VENDOR
By:
________________________________
By:
________________________________
DocuSign Envelope ID: C40628FD-6049-4015-9E4B-D696DC093D11 2/22/2024
DOUGLAS SLOAN
City Attorney
Rincon Consultants
Reema Shakra
2/26/2024
Principal
Rincon
2/26/2024
Deanna Hansen
Principal/Vice President
City Manager
David White
2/27/2024
Interim City Clerk
Nikima Newsome
2/28/2024
Exhibit A
Scope of Services and Budget
DocuSign Envelope ID: C40628FD-6049-4015-9E4B-D696DC093D11
Rincon Consultants, Inc.
250 East 1st Street, Suite 1400
Los Angeles, California 90012
213-788-4842
www.rinconcons ultants.com
December 12, 2023
Rincon Project No. 23-14952
Mr. Cary Fukui, Senior Planner
City of Santa Monica
1685 Main Street
Santa Monica, California 90401
Via email: [email protected]
Subject: Proposal to Provide Focused Assessment of the Required Updates to the City of Santa Monica Draft Local Coastal Program - Land Use Plan, Santa Monica, California Dear Mr. Fukui:
Rincon Consultants, Inc. (Rincon) is pleased to submit this requested scope amendment to the City of Santa Monica (City) to provide continued planning support for the City’s Local Coastal Program (LCP) Update. This proposal includes (1) our understanding of the assignment, (2) our proposed work scope, and (3) our proposed cost and timeline for completion of the work program based on our October 18, 2023, meeting with City of Santa Monica staff, and the recent follow up with the City to discuss minor scope revisions.
The below- scope represents an efficient and effective use of the City’s remaining grant funds of $50,000 and additional City funds of $8,930.85, for a total of $58,930.85 to support the City in moving towards California Coastal Commission (CCC) certification of the City’s Land Use Plan (LUP).
Project Understanding
The City received a grant from the CCC to update its LCP, and on October 9, 2018, the City Council approved the City’s Draft LUP. The City has $50,000 remaining from the CCC grant and plans to use this remaining grant budget to receive assistance in revising the City’s Draft LUP. The City’s goal is to assess and revise the current Draft LUP in relation to the CCC Guidance for preparing LUPs, with a focus on responding to the update CCC Sea Level Rise Policy Guidance, Interpretive Guidelines for Addressing Sea Level Rise in Local Coastal Programs and Coastal Development Permits (CCC 2018), and the CCC Environmental Justice Policy, Adopted in March 8, 2019 in alignment with recently certified LUPs and LCPs prepared by other jurisdictions. This amended scope includes the requested additional funds for preparing an updated sea level rise graphic, as well as presentation preparation and consultant participation in two public meetings or hearings.
In addition, this scope includes formatting and incorporating the City’s analysis of potential changes to the draft LUP resulting from any pertinent updates to the Santa Monica Zoning Ordinance, Municipal Code, and General Plan, in particular the recently adopted Housing Element update.
Scope of Work
Our approach for assessing key programs and policies in the City of Santa Monica Draft LUP includes the following tasks.
DocuSign Envelope ID: C40628FD-6049-4015-9E4B-D696DC093D11 City of Santa Monica
Focused Assessment of the Draft Local Coastal Program LUP 2 Task 1 Assess Coastal Hazards Section Compliance
Rincon will conduct a background review of documents and supporting reports related to the Coastal Hazard section of the City’s Draft LUP, including the current Drafts LUP, IP, and any CCC discussion such as letters and memos related to the City’s Draft LUP and the vulnerability analysis, along with other relevant background information regarding sea level rise and coastal hazards prepared for the City such as technical studies and vulnerability assessment. Rincon will identify gaps or adjustments needed to be made to the Coastal Hazards section to bring the section into alignment with the updated version of the State of California Sea Level Rise Guidelines, which is expected to be released in December 2023, or early 2024. We anticipate that this will include recommendations to revise the sea level rise analysis and sea level rise projections, policies, and thresholds of the Coastal Hazard section (See Optional Task 5). Rincon will also evaluate recently certified LCPs to identify additional recommendations for refinements to the Coastal Hazards section to maintain alignment with recent best practices. Rincon will evaluate the following certified LCPs:
• City of San Clemente, 2018. Certified by CCC in August 2018, • City of Santa Barbara, 2019. Certified by CCC in August 2019, • County of San Diego, 2018. Certified by CCC in February 2021.
Once the evaluation is completed, we will compile a memorandum outlining the inconsistencies and recommending specific steps to support the City in strengthening and updating the Coastal Hazard section of their Draft LUP in relation to updated State of California Sea Level Rise Guidance, and aligned with LCPs recently certified by CCC.
In addition, Rincon will provide GIS and Graphic support to the City’s staff in the development of the necessary figures and graphics to represent the potential impacts of sea level rise to the City’s coastal zone. Rincon will prepare maps to be included in the Draft LUP and to be used for outreach purposes.
The figures will be prepared using the most recent sea level projection for California’s coastline from the updated CCC Sea Level Rise Guidance to be released in November 2023. Rincon will work closely with the City’s staff to ensure that these figures align with the City’s Draft LUP and meet the CCC requirements.
Assumptions:
• Rincon assumes the City will provide the current Draft LUP and IP in Word format and any other relevant background information regarding sea level rise and coastal hazards prepared for the City, such as technical studies and vulnerability assessments conducted for the City, including CCC comments, along with other relevant background information, as needed. • The deliverables will be provided to the City in digital (Microsoft Word or PDF) format. Rincon will not provide hard copies of any deliverables.
• Rincon will not provide new policies as part of this task, or updates to figures. • Rincon has budgeted for receipt of one (1) set of consolidated City’s comments on the draft memo. Any additional revisions will be completed on a time and materials basis in accordance with our standard fee schedule (attached).
• Rincon has budgeted for preparing one (1) figure showing Sea Level Rise Impacts to be added to the Draft LUP and to be used as support material for public outreach. Any additional figures will be completed on a time and materials basis in accordance with our standard fee schedule (attached).
DocuSign Envelope ID: C40628FD-6049-4015-9E4B-D696DC093D11 City of Santa Monica
Focused Assessment of the Draft Local Coastal Program LUP 3 • Rincon has budgeted for the receipt of one (1) set of consolidated comments on each deliverable. Any additional revisions will be completed on a time and materials basis in accordance with our standard fee schedule (attached).
• All base data to prepare the figures is assumed to be provided by City staff. • Documents will not be formatted for Americans with Disabilities Act (ADA) accessibility.
Deliverables:
• Draft memo outlining gaps, inconsistencies, or necessary updates on the Coastal Hazard section of the City’s Draft LUP based on the most current sea level rise guidance from the CCC. • Draft Figure for Sea Level Rise Impacts
• Final Figure for Sea Level Rise Impacts
• Final memo based on City comments.
Task 2 Assess Environmental Justice Compliance
Rincon will evaluate the City’s Draft LUP to determine if it is in compliance with relevant aspects of the CCC Environmental Justice Policy document adopted on March 08, 2019.; One of the main policies in the Environmental Justice Policy is to ensure access to the City’s coastal resources to all visitors and residents, regardless of their ethnicity, gender, socioeconomic status, or place of residence. In addition, the CCC statement of principles for environmental justice is focused on coastal access, meaningful engagement, respect for tribal concerns, accountability and transparency, habitat and public health, participation in the process, and climate change. Rincon will also conduct a background review of existing documents and provide recommendations on any necessary revisions to the City’s Draft LUP, including policies, practices, and supporting reports, if any, to ensure adherence to CCC’s environmental justice policies, principles, and regulations.
Rincon will review the conformance of the Draft LUP with environmental justice goals, policies, and provisions included in recently certified LCPs, where available.
Once the evaluation is completed, we will compile a memorandum outlining the inconsistencies and recommending specific steps to support the City in strengthening and updating the Draft LUP in relation to the CCC Environmental Justice Policy, and aligned with other LCPs recently certified by CCC.
Rincon will outline specific measures to address these gaps.
Assumptions:
• Rincon assumes the City will provide the current Draft LUP and IP, CCC comments, and current City policies, along with other relevant background information as needed. • The deliverables will be provided to the City’s staff in digital (Microsoft Word or PDF) format.
Rincon will not provide hard copies of any deliverables. • Rincon will not provide new policies as part of this task, or updates to figures. • Rincon has budgeted for receipt of one (1) set of consolidated City’s comments on the draft memo. Any additional revisions will be completed on a time and materials basis in accordance with our standard fee schedule (attached).
• Documents will not be formatted for Americans with Disabilities Act (ADA) accessibility.
DocuSign Envelope ID: C40628FD-6049-4015-9E4B-D696DC093D11 City of Santa Monica
Focused Assessment of the Draft Local Coastal Program LUP 4 Deliverables:
• Draft memo outlining potential inconsistencies and gaps in the Environmental Justice on the City’s Draft LUP
• Final memo based on one set of comments from City staff and/or CCC staff.
Task 3 Policies and Recommendation Matrix
Rincon will prepare an excel spreadsheet matrix of existing Draft LUP policies related to coastal hazards, sea level rise, and environmental justice. The matrix will identify policies and programs that require updating, as well as provide revised language where edits are recommended based on findings from Tasks 1 and 2 and on the completed memos and discussion with City staff. Rincon will make recommendations based on prior LCP experience and knowledge, CCC guidance documents, and CCC comment letters. This may include new policy or program recommendations or identifying items for discussion with the City and/or CCC. Note that this scope does not include providing updated sea level rise projections and thresholds as part of the matrix (see Optional Task 5).
Rincon staff will provide a draft matrix based on the issue memos and respond to one round of review.
The Policies and Recommendation Matrix will be submitted to CCC by the City staff for review. If the City completes their independent analysis of recommended revisions based on changes to the City Zoning or Polices per the proposed schedule, Rincon will incorporate the City work-effort into the Final document for the CCC review.
Assumptions:
• Rincon will submit the draft and the final matrix in digital (Microsoft Excel) format. • Should it be determined that updates to existing technical analyses or additional technical reports are necessary to address CCC comments, updates would be made on a time and materials basis in accordance with our standard fee schedule (attached) (also see Optional Task 5).
• Rincon has budgeted for receipt of one (1) set of consolidated City’s comments on the draft Matrix. Any additional revisions will be completed on a time and materials basis in accordance with our standard fee schedule (attached).
• Rincon has budgeted for one (1) virtual meeting (one hour) with the City to discuss the recommendations on the matrix.
• Rincon assumes the City will submit the draft and the final Policies and Recommendation Matrix to CCC.
• Rincon has budgeted for one (1) virtual meeting (two hours) with CCC if determined necessary by the City.
• Rincon has not budgeted for addressing CCC’s comments. However, Rincon can consolidate CCC’s comments on a time and materials basis in accordance with our standard fee schedule (attached).
• Documents will not be formatted for Americans with Disabilities Act (ADA) accessibility.
Deliverables:
• Draft Policies and Recommendation Matrix
• Final Policies and Recommendation Matrix based on City and/or CCC comments DocuSign Envelope ID: C40628FD-6049-4015-9E4B-D696DC093D11 City of Santa Monica
Focused Assessment of the Draft Local Coastal Program LUP 5 Task 4 Meetings and Project Management
For cost estimating purposes, this scope of work assumes that check-in calls with City staff will occur bi-weekly for five months after Rincon receives the Notice to Proceed for a total of 12 meetings, lasting up to one (1) hour each, and one meeting with CCC staff, lasting up to two (2) hours, as noted above.
These meetings will focus on discussing project information and data needs and will aid in ensuring adherence to the project schedule and delivery of the necessary products in time for the City’s deadline. All meetings are assumed to be virtual.
In addition, the Project Manager and Assistant Project Manager will attend up to two public hearings, estimated at approximately two hours each for a total of four hours for each team member.
Rincon is available for additional in-person meetings under additional scope and in accordance with our standard fee schedule (attached).
This task also includes Rincon's internal team, budget, and schedule management; coordination with City of Santa Monica staff; and preparing monthly invoices and status reports.
Assumptions:
• All meetings with City Staff and/or CCC are assumed to be virtual. • Two Rincon staff will participate in regular check-in calls with the City, including the Project Advisor and the Project Manager. The Principal-in-charge and Coastal Planner will attend as necessary based on the phase of the project.
• Two (2) in-person hearings or public meetings will be attended by the Project Manager and Assistant Project Manager. The budget includes travel expenses and preparation time.
Deliverables:
• Twelve (12) virtual meetings lasting up to 1 hour each, • One (1) virtual meeting with CCC staff lasting up to 2 hours. • Attendance of two (2) in-person hearings or public meetings by the Project Manager and Assistant Project Manager.
• Assistance in preparing a public presentation for two (2) public meetings to include preparation of Sea Level Rise scientific graphics and slide presentation, including:
o Agenda for community workshop
o Draft and Final Presentation for the community workshop o Up to 2 posters for community workshop and 2 posters for pop-up event Proposed Staff
Rincon has assembled a team of highly skilled planning and environmental science professionals to oversee and lead this assignment. This team combines extensive planning skills, technical qualifications, and knowledge of coastal planning issues with years of experience working on Local Coastal Plans and General Plans. Brief bios for key team members are included on the following pages.
This core management team will be supported, as needed, by Rincon’s deep bench of planning and technical issue area experts, including urban planners, sustainability and resiliency professionals, GIS technicians, graphic designers, and document production specialists.
DocuSign Envelope ID: C40628FD-6049-4015-9E4B-D696DC093D11 City of Santa Monica
Focused Assessment of the Draft Local Coastal Program LUP 6 Reema Shakra will be the Principal in Charge. Ms. Shakra is a Climate Adaptation Principal and has experience in sea-level rise vulnerability and adaptation assessments, local coastal program updates, climate action and adaptation planning, general plan updates, and community outreach and engagement. Ms. Shakra assisted the cities of Oceanside, Del Mar, Manhattan Beach, Santa Barbara, Pacifica, and Eureka with their local coastal program updates, including updates to address sea-level rise and other hazards, public access, scenic resources, visitor-serving commercial and recreation land uses, and natural resources. Ms. Shakra also works with coastal communities on their climate action and adaptation plans and General Plan safety element updates, including the cities of Port Hueneme, Ventura, Grover Beach, Carmel-by-the-Sea, and Seaside and the Counties of Santa Barbara and Sonoma.
Jerry Hittleman, MURP, will be the Project Advisor. Mr. Hittleman has substantial experience in coastal planning, urban planning, and regional planning throughout California. Mr. Hittleman has experience successfully assisting with several recent local coastal plan updates, including for the City of Oceanside and City of Santa Monica. He has worked closely with the California Coastal Commission staff on various coastal plans and projects throughout California. He also specializes in managing a variety long range and current planning projects, including entitlement review for coastal development permits for residential, commercial, and hotel developments as well as coastal resource restoration and sand management plans.
Sarah Lejeune will be the Project Manager and the primary contact with the City. Sarah has over thirty years of experience in policy planning and project management of complex projects including nineteen years with the City of Santa Monica, and four years advising the Los Angeles County Metropolitan Transit Authority. She is integrally involved in Rincon’s contract planning practice and is familiar with the City of Santa Monica through her former role there as Principal Strategic and Transportation Planner. In her role as a Senior Contract Planner for Rincon she has overseen the subdivision and ongoing development and environmental conditions for a large Specific Plan in Oxnard (Sakioka Farms Business Park Specific Plan) as well as working with the City of Santa Monica on Phase One of the LCP Implementation Plan, along with Coastal Zone projects in Oxnard and Malibu.
Frederico Scarelli, PhD, Coastal Planner will be the Assistant Project Manager. Dr. Scarelli is a Senior Environmental Scientist with over 13 years of experience designing, planning, and executing naturebased solutions and climate resilience projects for coastal communities, as well as assessing coastal hazards and sea level rise vulnerability. In addition, his expertise includes conducting coastal process studies, restoration of coastal systems, shoreline modeling, data processing and analyses, as well as preparation of master plans and monitoring plans for private clients and governmental agencies. Dr.
Scarelli has developed cutting-edge approaches to advance coastal projects worldwide, and his leadership within these projects aided the conservation of coastal resources, facilitated decisionmaking processes, and provided tools for disadvantaged communities to increase their resilience against climate change. Dr. Scarelli is currently working with several coastal and bay-side communities to address climate change, including the cities of Seaside, Ventura, Petaluma, and the County of San Mateo.
Cost and Schedule
As shown in the table below, our estimated cost to conduct a focused assessment for the City’s Draft LUP would be $58,930.85 as shown in Table 1 below. The cost estimate will not be exceeded without prior written authorization from the City. Costs will be charged on a time and materials basis, commensurate with work completed. If Rincon does not need all the time that has been budgeted, we will only bill for the time spent completing the work.
DocuSign Envelope ID: C40628FD-6049-4015-9E4B-D696DC093D11 City of Santa Monica
Focused Assessment of the Draft Local Coastal Program LUP 7 Tasks 1, 2, and 3 will be completed within five months of authorization to proceed and receipt of documents to review.
Table 1 Cost Summary
Task Estimated Cost
Task 1 Assess Coastal Hazards Section Compliance $14,873.00 Task 2 Assess Environmental Justice Compliance $14,364.00 Task 3 Policies and Recommendation Matrix $13,884.00
Task 4 Meetings and Project Management $15,809.85
Total $58,930.85
Thank you for your consideration and for this opportunity to support your project. Should the City require additional assistance related to updating technical reports, public engagement, or attendance at public meetings related to the local adoption and certification process, Rincon would be pleased to submit an additional scope of work and cost estimate. If you have any questions regarding this proposal, please contact Jerry Hittleman at 805-395-4703 or [email protected], or Sarah Lejeune at 310-795-8364 or [email protected].
Sincerely,
Rincon Consultants, Inc.
Jerry Hittleman, Senior Planner
Project Advisor
Sarah Lejeune, Senior Planner
Project Manager
Reema Shakra, AICP, Principal
Principal-in-Charge
Attachments
Attachment 1 Rincon Fee Schedule
DocuSign Envelope ID: C40628FD-6049-4015-9E4B-D696DC093D11 Rincon Fee Schedule
Attachment 1
DocuSign Envelope ID: C40628FD-6049-4015-9E4B-D696DC093D11 Rincon Consultants, Inc.
Effective July 1, 2023
Standard Fee Schedule for Environmental Sciences and Planning Services Professional, Technical, and Support Personnel* July 1 – December 31, 2023 Senior Principal $308
Principal $297
Director $297
Senior Supervisor II $282
Supervisor I $263
Senior Professional II $246
Senior Professional I $230
Professional IV $204
Professional III $189
Professional II $168
Professional I $150
Associate III $126
Associate II $113
Associate I $105
Field Technician $91
Data Solutions Architect $189
Senior GIS Specialist $181
GIS/CADD Specialist II $161
GIS/CADD Specialist I $145
Technical Editor $142
Project Accountant $121
Billing Specialist $103
Publishing Specialist $116
Clerical $103
* Professional classifications include environmental scientists, urban planners, biologists, geologists, marine scientists, GHG verifiers, sustainability experts, cultural resources experts, and other professionals. Expert witness services consisting of depositions or in-court testimony are charged at the hourly rate of $400.
Reimbursable Expenses
Direct Cost Rates
Photocopies – B/W $0.25 (single-sided), $0.45 (double-sided) Photocopies – Color $1.55 (single-sided), $3.10 (double-sided) Photocopies – 11” by 17” $0.55 (B/W), $3.40 (color)
Oversized Maps $8.50/square foot
Digital Production $15/CD, $20/flash drive
Light-Duty and Passenger Vehicles* $90/day
4WD and Off-Road Vehicles* $150/day
*Current IRS mileage rate for mileage over 50 and for all miles incurred in employee-owned vehicles.
Other direct costs associated with the execution of a project, that are not included in the hourly rates above, are billed at cost plus 16%. These may include, but are not limited to, laboratory and drilling services, subcontractor services, authorized travel expenses, permit charges and filing fees, mailings and postage, performance bonds, sample handling and shipment, rental equipment, and vehicles other than covered by the above charges.
Annual Escalation. Standard rates subject to 3.5% annual escalation, on January 1.
Payment Terms. All fees will be billed to Client monthly and shall be due and payable upon receipt or as indicated in the contract provisions for the assignment. Invoices are delinquent if not paid within 10 days from receipt or per the contractually required payment terms.
DocuSign Envelope ID: C40628FD-6049-4015-9E4B-D696DC093D11 Rincon Consultants, Inc.
Effective July 1, 2023
Equipment Rate
Environmental Site Assessment
Soil Vapor Extraction Monitoring Equipment $160
Four Gas Monitor $137
Flame Ionization Detector $110
Photo Ionization Detector $82
Hand Auger Sampler $62
Water Level Indicator, DC Purge Pump $46
CAPDash $7,500
Natural Resources Field Equipment
UAS Drone $276
Spotting or Fiberoptic Scope $170
Pettersson Bat Ultrasound Detector/Recording Equipment $170 Sound Level Metering Field Package (Anemometer, Tripod and Digital Camera) $113 GPS (Submeter Accuracy) $67
Infrared Sensor Digital Camera or Computer Field Equipment $57 Scent Station $23
Laser Rangefinder/Altitude $11
Pitfall Traps, Spotlights, Anemometer, GPS Units, Sterilized Sample Jar $9 Mammal Trap, Large/Small $1.55/$0.55
Water and Marine Resources Equipment
Boat (20-foot Boston Whaler or Similar) $800
Multiparameter Sonde (Temperature, Conductivity, Turbidity, DO, pH) with GPS $170 Water Quality Equipment (DO, pH, Turbidity, Refractometer, Temperature) $62 Refractometer (Salinity) or Turbidity Meter $38
Large Block Nets $114
Minnow Trap $98
Net, Hand/Large Seine $57
Field Equipment Packages
Standard Field Package (Digital Camera, GPS, Thermometer, Binoculars, Tablet, Safety Equipment, and Botanic Collecting Equipment)
$114
Remote Field Package (Digital Camera, GPS, Thermometer, Binoculars, Tablet and Mifi, Delorme Satellite Beacon, 24‐Hour Safety Phone)
$144
Amphibian/Vernal Pool Field Package (Digital Camera, GPS, Thermometer, Decon Chlorine, Waders, Float Tube, Hand Net, Field Microscope)
$170
Fisheries Equipment Package (Waders, Wetsuits, Dip Nets, Seine Nets, Bubblers, Buckets) $57 Underwater and Marine Sampling Gear (Photo/Video Camera, Scuba Equipment [Tanks, BCD, Regulators, Wetsuits, etc.])
$57/diver
Marine Field Package (Personal Flotation Devices, 100-foot Reel Tapes with Stainless Carabiners, Pelican Floats, Underwater Slates, Thermometer, Refractometer, Anemometer, Various Field Guides)
$100
Insurance, Hazard, and Fees
Historic Research Fees $55
L&H Dive Insurance $57/diver
Level C Health and Safety $70/person
DocuSign Envelope ID: C40628FD-6049-4015-9E4B-D696DC093D11 Exhibit B
Insurance Requirements and Verifications
Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees or subcontractors.
Minimum Scope and Limits of Insurance
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury, with limits of no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (Insurance Services Office Form CG 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and Code 9 (non-owned), with limits of no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: Workers’ Compensation insurance as required by the State of California, with Statutory Limits and Employers’ Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease (see footnote #1).
4. Professional Liability: Insurance appropriate to the Consultant’s profession with limits of no less than $1,000,000 per occurrence or claim/$2,000,000 in the annual aggregate.
If the Consultant maintains broader coverage or higher limits than the minimums shown above, the City of Santa Monica requires and shall be entitled to any broader coverage and higher limits maintained by the Contractor. Any available insurance proceeds in DocuSign Envelope ID: C40628FD-6049-4015-9E4B-D696DC093D11 excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Monica.
Other Insurance Provisions
1. The insurance policies are to contain, or be endorsed to contain, the following provisions:
a. Additional Insured Status: The City of Santa Monica, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Consultant including materials, parts, or equipment furnished in connection with such work or operations. CGL coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as Insurance Services Office Form CG 20 10 11 85, or if not available, through the addition of a combination of (1) CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and (2) CG 20 37).
b. Primary Coverage: For any claims related to this Agreement, the Consultant’s insurance shall be primary coverage at least as broad as Insurance Services Offices Form CG 20 01 04 13 as respects the City of Santa Monica, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City of Santa Monica, its officers, officials, employees or volunteers shall be in excess of the Consultant’s insurance and shall not contribute with it. c. Notice of Cancellation: Each insurance policy required herein shall state that coverage shall not be cancelled except after notice has been given to the City of Santa Monica.
d. Waiver of Subrogation: Consultant hereby grants to the City of Santa Monica a waiver of any right of subrogation which any insurer of said Consultant may acquire against the City of Santa Monica by virtue of payment of any loss.
Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Santa Monica has received a waiver of subrogation endorsement from the insurer.
DocuSign Envelope ID: C40628FD-6049-4015-9E4B-D696DC093D11 Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Santa Monica.
The City of Santa Monica may require the Consultant to purchase coverage with a lower retention or provide satisfactory proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Santa Monica.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to the City of Santa Monica.
Claims Made Policies
1. If the Professional Liability policy provides “claims made” coverage:
a. The Retroactive Date must be shown and must be before the date of this Agreement or the start of work.
b. The insurance must be maintained, and evidence of insurance must be provided for at least 5 years after completion of work. c. If the policy is cancelled or not renewed, and not replaced with another “claims made” policy form with a Retroactive Date prior to the effective Agreement date, the Consultant must purchase “extended reporting” coverage for a minimum of 5 years after completion of work.
Verification of Coverage
Consultant shall furnish the City of Santa Monica with original certificates and amendatory endorsements (or copies of the applicable policy language effecting coverage provided by this clause). All certificates and endorsements are to be received and approved by the City of Santa Monica before work commences. However, failure to obtain required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City of Santa Monica reserves the right to require complete, certified DocuSign Envelope ID: C40628FD-6049-4015-9E4B-D696DC093D11 copies of all required insurance policies, including the endorsements required herein, at any time.
Failure to Maintain Insurance Coverage
If Consultant, for any reason, fails to maintain insurance coverage which is required pursuant to this Agreement, the same shall be deemed a material breach of contract. The City of Santa Monica, at its sole option, may terminate this Agreement and obtain damages from the Consultant resulting from said breach.
Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein. All exceptions must be approved in writing by the Risk Manager.
Footnotes
# 1: Workers’ Compensation insurance coverage is not required if the Consultant does not have employees. The Consultant must, however, execute the City’s Workers’ Compensation Coverage Exemption Declaration Form.
DocuSign Envelope ID: C40628FD-6049-4015-9E4B-D696DC093D11