FourthAmendRinconContractccmtg7-25-22(klk)
CITY OF SIMI VALLEY
MEMORANDUM
July 25, 2022
TO: City Council
FROM: Department of Environmental Services
SUBJECT: APPROVAL OF FOURTH AMENDMENT TO INCREASE THE CONTRACT AMOUNT WITH RINCON CONSULTANTS, INC. FOR CONSULTING
SERVICES TO PREPARE A HOUSING ELEMENT UPDATE AND
ENVIRONMENTAL REVIEW, RFP NO. ESP 19-01
STAFF RECOMMENDATION
It is recommended that the City Council approve the fourth amendment to the attached contract with Rincon Consultants, Inc. (Rincon), for consulting services to prepare a Housing Element Update and Environmental Review, for a not -to-exceed amount of $25,000, for the Housing Element to be accepted and certified by Department of Housing and Development (HCD).
BACKGROUND
On April 6, 2020, the City Council awarded a $148,928 contract to Rincon to prepare a Housing Element Update and Environmental Review . T he City is required to update the Housing Element to comply with State Housing l aw and to accommodate the City’s new Regional Housing Needs Allocation (RHNA) during the Sixth Cycle Housing Element Planning Period, extending from October 15, 2021 to October 15, 2029. On June 21, 2021, the City Council approved a contract amendment in the amount of $43,462 for changes in zoning designations for potential housing sites, which required an Initial Study -Mitigated Negative Declaration by the California Environmental Quality Act. S ubsequently, in March and June 2022, the City Manager and his de signee, respectively, approved a total of $15,000 to ensure that both zoning and land use regulations were consistent within the General Plan . The original contract and amendments are provided for reference in Exhibit 1 (page 9) of the staff report.
On December 14, 2020, the City Council authorized $500,000 from the Department of Housing and Community Development’s Local Early Action Planning Grant Program (LEAP) grant funds to implement the planning programs, including $200,000 budgeted to cover the Housing Element Update. Should the City Council approve the amendment for additional consulting services, the total not-to-exceed contract amount will be $232,390.
AGENDA ITEM NO.
Consent (5)
FourthAmendRinconContractccmtg7-25-22(klk)
FINDINGS AND ALTERNATIVES
The fourth amendment to the contract is needed to finalize and certify the Housing Element Update as detailed in Exhibit A, Additional Services Proposal (page 6). This includes preparing a revised draft Housing Elem ent Update, attending a public hearing for re-adoption, and resubmittal to HCD. Although it is not anticipated that issues will arise with the revised Housing Element Update and Environmental Review, it is possible HCD could have additional questions or need further information. Therefore, a contingency allotment of $10,000 is included in the not-to exceed total of $25,000 for unforeseen circumstances that could result in the need for additional City Council hearings and submittals to HCD, as well as additional coordination with HCD or City staff, or involvement in public outreach.
The origi nal approved LEAP budget for the Housing Element Update was $200,000; however, unused funds allocated to other Grant programs may be reallocated for this purpose, with HCD approval. Therefore, the cost for this amendment and contingencies may be covered with both LEAP grant funds and the Housing Successor Agency Fund.
The following alternatives are available to the City Council:
1. Approve the fourth amendment to the attached contract with Rincon Consultants, Inc. (Rincon), for consulting services to prepare a Housing Element Update and Environmental Review, for a not -to-exceed amount of $ 25,000 for the Housing Element to be accepted and certified by Department of Housing and Development (HCD);
2. Do not approve the attached contract amendment;
3. Provide staff with other direction.
Staff recommends Alternative No. 1.
SUGGESTED CITY COUNCIL MOTION
I move to approve the fourth contract amendment to Rincon for additional consulting services necessary to prepare a Housing Element Update and Environmental Review for a not-to-exceed amount of $25,000 for the Housing Element to be accepted and certified by HCD.
SUMMARY
Staff recommends that the City Council approve the f ourth amendment to the attached contract with Rincon Consultants, Inc. , for consulting services to prepare a Housing Element Update and Environmental Review for a not-to-exceed amount of $25, 000, to prepare a revised draft Housing Element Update, attend a public hearing for re-adoption, and resubmit to HCD. A c ontingency al lotment o f $1 0,000 is included in the fourth 2 FourthAmendRinconContractccmtg7-25-22(klk)
amendment total should additional City Council hearings, additional submittals to HCD, additional coordination with HCD or City staff, or involvement in public outreach be required. LEAP grant funds and the Housing Successor Agency Fund m ay be used to cover the cost.
___
_______________________________
Stratis Perros
Environmental Services Director
P
repared by: Yvette Moore, Administrative Officer
INDEX Page
C
ontract - Fourth Amendment .......................................................... 4 Exhibit 1 - Original Contract and Subsequent Amendments ............ 9 3 FourthAmendRinconContractccmtg7-25-22(klk)
FOURTH AMENDMENT TO CONTRACT FOR
PROFESSIONAL SERVICES BETWEEN THE CITY OF SIMI
VALLEY AND RINCON CONSULTANTS, INC. TO PROVIDE
CONSULTING SERVICES TO PREPARE A HOUSING
ELEMENT UPDATE AND ENVIRONMENTAL REVIEW , ESP
19-01
THIS FOURTH AMENDMENT TO CONTRACT is made and entered into in the City of Simi Valley on this 2 5th day of July 2022, by and between the CITY OF SIMI VALLEY, a municipal corporation, hereinafter referred to as CITY, and RINCON CONSULTANTS, INC., hereinafter referred to as CONSULTANT.
I. Recitals
A. CITY and CONSULTANT entered into a written contract ("CONTRACT") executed by the parties on April 6, 2020, for Consulting Services to Prepare a Housing Element Update and Environmental Review, which is incorporated herein by reference.
B. On June 21, 2021, the CITY and CONSULTANT amended the CONTRACT (“First Amendment”) to increase the CONTRACT amount by $43,462, for a total contract not to exceed amount of $192,390 . The First Amendment to the CONTRACT is incorporat ed herein by reference.
C. On March 25, 2022, the CITY and CONSULT ANT amended the CONTRACT (“Second Amendment”) to extend the term to December 31, 2022, and increase the CONTRACT amount by $11,536, for a total contract not to exceed amount of $203,926.
The Second Amendment to the CONTRACT is incorporated herein by reference.
D. On June 21, 2022, the CITY and CONSULTANT amended the CONTRACT (“Third Amendment”) to increase the CONTRACT amount by $3, 464, for a total of contract not to exceed amount of $207,390. The Third Amendment to the CONTRACT is incorporated herein by reference.
E. T he Parties now desire to amend the CONTRACT extending the term for another year to and including December 31, 2023. Additionally, the Parties desire to amend the Scope of Services, and increase the not to exceed amount by another $25,000 , which includes up to $10,000 in contingency funds. The rates for the services to be performed are also to be amended as further set forth below.
NOW, THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows:
II. Amendment
1. Section 2. Term. The term of the CONTRACT shall be extended for one (1) year from January 1, 2023, to December 31, 2023.
2. Section 3. Description of Services. The Scope of Work authorized under this Fourth Amendment to the CONTRACT is entitled “Scope of Work dated June 16, 2022”, attached hereto and incorporated herein as “Exhibit A”.
3. Section 4. Compensation and Payment. The compensation to be paid by CITY to CONSULTANT for the services provided hereby shall be amended as follows: In no event shall the total amount paid for this Fourth Amendment to the CONTRACT exceed $ 25,000, which includes up to $10,000 for unforeseen additional 4 FourthAmendRinconContractccmtg7-25-22(klk)
work, upon the approval of the City Manager or his designee. Unless otherwise agreed to by the parties in writing, the total not-to-exceed contract amount is $232,390. Payment will be made based on the rates contained in the “Schedule of Fees” attached hereto and incorporated herein this Fourth Amendment to the Contract, as “Exhibit B”.
5. Mailing Address . The mailing address of each party to this CONTRACT AMENDMENT is as follows:
CITY Department of Environmental Services
City of Simi Valley
2929 Tapo Canyon Road
Simi Valley, CA 93063
Staff Contact: Yvette Moore, Administrative Officer
[email protected]
(805) 583-6778
CONSULTANT Rincon Consultants, Inc.
180 North Ashwood Avenue
Ventura, CA 93003
Attn: Matt Maddox, AICP, Principal
[email protected]
( 916) 706-1374 x250
6. Except as herein amended, all other terms and conditions of the CONTRACT shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written.
Attest: City of Simi Valley, A Municipal Corporation
By:
Lucy Blanco, City Clerk Keith L. Mashburn, Mayor of the City of Simi Valley, California
Approved as to Form: Rincon Consultants, Inc.
By:
David L. Caceres, City Attorney
Print Name: Deanna Hansen
Approved as to Content: Title: Principal
By:
Brian Paul Gabler, City Manager
Print Name: Matt Maddox
Title: Principal
Carolyn Johnson
Administrative Services Director
______________________________
Stratis Perros
Environmental Services Director
5 FourthAmendRinconContractccmtg7-25-22(klk)
EXHIBIT “A”
Scope of Work Dated June 16, 2022
FOURTH AMENDMENT TO CONTRACT FOR
PROFESSIONAL SERVICES BETWEEN THE CITY OF SIMI
VALLEY AND RINCON CONSULTANTS, INC. TO PROVIDE
CONSULTING SERVICES TO PREPARE A HOUSING
ELEMENT UPDATE AND ENVIRONMENTAL REVIEW , ESP
19-01
Amendment to Task E.7
Draft Housing Element Revisions
The Rincon team will address all HCD comments and prepare a revised draft Housing Element Update. This task includes 12 hours of virtual meetings with City staff to address comments that require local knowledge and City feedback. The Rinc on team will coordinate with HCD staff for clarification and guidance as needed. Consultant will work closely with HCD and the City of Simi Valley to ensure that the Housing Element meets State requirements.
Deliverables
• Draft revised Housing Element Update (Clean and track changed MS Word and PDF files)
Re-adoption of Housing Element Update
The Rincon team will attend one public hearing. If desired, will make a presentation summarizing HCD’s comments and proposed revisions. Attendance needed for additional hearings will be in accordance with the approved fee schedule.
Deliverables
• Attendance and presentation support at one public hearing • Final Adopted Housing Element Update (Clean and track changed MS Word and PDF files)
HCD Submittal
After adoption, the Housing Element Update must be submitted to HCD for final review.
Rincon will submit hard copy and electronic files of the adopted Housing Element Update to HCD.
Deliverables
• One hard copy Housing Element shipped to HCD
• Final Adopted Housing Element Update (Clean and track changed PDF files) emailed to HCD*
• One round of updates per January 25, 2022 HCD Comments
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STAFFING
Matthew Maddox, Principal, will provide principal-level oversite and review.
Lilly Rudolph, Senior Program Manager, will provide senior level review and coordinate City staff meetings. Ms. Rudolph will attend public meetings and hearings.
Jenna Shaw, Associate Planner, will be responsible for preparing responses and edits.
Veronica Tam of Veronica Tam and Associates will provide expert level review in the area of housing policy planning and assist with the preparation of all responses and edits. Ms.
Tam will also attend public meetings and hearings.
SCHEDULE
• As Rincon and City staff continue to coordinate to respond to HCD comments, the Rincon team will respond to City staff questions, including requests to schedule meetings, within one business day.
• The draft revised Housing Element Update will be submitted to the City within three weeks of receipt of complete responses from City staff. • The re-adopted Housing Element Update will be submitted and shipped to HCD within two business days of re-adoption.
* Rincon will, to the best of their professional experience, address all of the current HCD comments such that in their professional opinion it would be ready to be a “Certified” Housing Element update that HCD will determine to be in substantial compliance with state law. However, if HCD provides new or additional comments outside the purview of the January 25, 2022 comments, Rincon reserves the right to request additional scope and funds to address those comments.
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EXHIBIT “B”
Schedule of Fees
FOURTH AMENDMENT TO CONTRACT FOR
PROFESSIONAL SERVICES BETWEEN THE CITY OF SIMI
VALLEY AND RINCON CONSULTANTS, INC. TO PROVIDE
CONSULTING SERVICES TO PREPARE A HOUSING
ELEMENT UPDATE AND ENVIRONMENTAL REVIEW , ESP
19-01
1. Schedule of Fees: For performance of amended Task E.7:$15,000.
2. Contingency Fees: $10,000- Reserved in the event of additional City Council hearings, additional submittals to HCD, additional coordination with HCD or City staff, or involvement in public outreach.
Task E.7 Summary Approved 4th Total Amendment
E.7 Adopted Housing Element and State
Certification
$15,720
$15,000
$30,720
E.7 Contingency fund* $10,000 $10,000
Task E.7 total $25,000 $40,720.00
Cost increases for the Housing Element Update are summarized below:
Housing Element Update Summary Approved Budget Housing Element Update $207,390
4TH Amendment Increase $15,000
Project Cost $222,390.00
4th Amendment
*Contingency for unforeseen additional work
$10,000.00
Project Cost with Contingency 232,390.00
All work will be performed in accordance with the work scope outlined in Contract Exhibit “A” and with the terms and conditions of a mutually agreeable contract. During the work, Rincon may re- allocate costs among tasks and/or direct costs, as circumstances warrant, so long as the adjustments maintain the total cost within the authorized contract amount. Tasks, such as participation in community outreach efforts, may be added in accordance with our approved fee schedule.
8 HousingelementCCMtg4-6-20(klk)
CONTRACT FOR PROFESSIONAL SERVICES BETWEEN THE CITY
OF SIMI VALLEY AND RINCON CONSULTANTS, INC. TO PROVIDE
CONSULTING SERVICES TO PREPARE A HOUSING ELEMENT
UPDATE AND ENVIRONMENTAL REVIEW, ESP 19-01
THIS
CONTRACT is made and entered into in the City of Simi Valley on this 6th day of April 2020, by and between the CITY OF SIMI VALLEY, a municipal corporation, hereinafter referred to as CITY, and RINCON CONSULTANTS, INC. , a California corporation, hereinafter referred to as CONSULTANT.
RECITALS
WHEREAS
, on November 15, 2019, CITY requested proposals for
Consulting Services to Prepare a Housing Element Update and Environmental Review , RFP ESP 19-01; and
WHER
EAS, pursuant to such request, CONSULTANT submitted a
proposal, which was accepted by CITY for the services.
NOW,
THEREFORE, in consideration of their mutual promises,
obligations and covenants hereinafter contained, the parties hereto agree as follows:
AGREEMENT
1. Recital
s. The foregoing recitals are true and correct and are a part of this CONTRACT.
2. Term. The term of this CONTRACT shall be from the date this contract is made and entered, as first written above, through June 30, 2022.
3. Descrip
tion of Services . The services to be performed by
CONSULTANT are as follows:
Consult
ing services to prepare an Update to the Housing Element and Environmental Review. CONSULTANT agrees to perform the services more specifically set forth in the “Scope of Work” attached hereto and incorporated herein as Exhibit “A”.
CONSULTANT will meet with CITY at least monthly to discuss the anticipated tasks planned for the month and to receive direction from CITY regarding same.
4. Compens
ation and Payment.
A. The tot
al compensation payable to CONSULTANT by CITY
for services under this CONTRACT shall not exceed the sum of $ 148,928 (the “Not-To- Exceed Amount”), and shall be earned as the work progresses. Payment will be made based on the rates contained in the “Schedule of Fees” as set forth in Exhibit “B” attached hereto and incorporated herein. CONSULTANT acknowledges that CONSULTANT is not guaranteed to receive the Not -To-Exceed Amount or any particular or minimum amount of compensation or work under this CONTRACT.
DocuSign Envelope ID: 59402E3F-B0A6-4B06-A238-245E2D67B839 9 EXHIBIT 1
HousingelementCCMtg4-6-20(klk)
B. After CONSUL TANT has performed the services as
specified in this CONTRACT, CITY shall be obligated to pay CONSULTANT based upon the actual CITY -authorized services received by CITY at the rates established as a part of this CONTRACT. In no event shall the total amount paid exceed the CONTRACT Not-to-Exceed Amount unless otherwise agreed to by the parties in writing.
C. Pay
ments to the CONSULTANT shall be made within 30
days after receipt of an original invoice from the CONSULTANT and acceptance of the services by CITY.
D. CONS
ULTANT shall provide CITY with written verification of
the actual compensation earned, which written verification will be in a form satisfactory to CITY. Invoices shall include the work performed including a list of hours worked by personnel.
5. CO
NSULTANT’s Representations and Obligations.
A. CO
NSULTANT shall perform as required by this
CONTRACT. CONSULTANT also warrants on behalf of itself and all subcontractors engaged for the performance of this CONTRACT that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder.
B. CO
NSULTANT shall obey all Federal, State, local, and
special district laws, ordinances, and regulations.
C. CO
NSULTANT agrees to abide by CITY’s Business Tax
Ordinance, of which proof of payment must be obtained prior to performance of this CONTRACT.
D. CO
NSULTANT acknowledges CITY may contract with other
parties for the performance of services or supplemental services as they relate to the work during the term of this CONTRACT.
6. Audi
t.
A. At
any time during normal business hours and as often as
the CITY may deem necessary, CONSULTANT shall make available to CITY for inspection its records pertaining to this CONTRACT. CONSULTANT shall permit CITY to audit, examine and/or reproduce such records. CONSULTANT will retain such financial records, time sheets, work progress reports, invoices, bills and project records for at least (2) years after termination or final payment under this CONTRACT. This paragraph shall survive for two (2) years after termination of this CONTRACT.
B. CI
TY shall have the option of inspecting and/or auditing all records and other written materials used by CONSULTANT in preparing its statements to CITY as a condition precedent to any payment to CONSULTANT.
7. Ho
ld Harmless and Indemnification . CONSULTANT shall
defend, indemnify, and hold harmless CITY, its agents, officials, officers, representatives, and employees, from and against all claims, lawsuits, liabilities or damages of whatever nature arising out of or in connection with, or relating in any 2 DocuSign Envelope ID: 59402E3F-B0A6-4B06-A238-245E2D67B839 10 HousingelementCCMtg4-6-20(klk)
manner to any act or omission of CONSULTANT, its agents, employees, and subcontractors, and employees thereof, pursuant to the performance or non-performance of this CONTRACT. The CONSULTANT shall thoroughly investigate any and all claims and indemnify the CITY and do whatever is necessary to protect the CITY, its agents, officials, officers, representatives, and emp loyees as to any such claims, lawsuits, liabilities, expenses, or damages arising out of this CONTRACT. The CITY shall be included as an Additional Insured in the automobile/ liability insurance policies and endorsements of the CONSULTANT. The CONSULTANT must select an attorney acceptable to the CITY who will defend such proceeding and the CITY will control any litigation thereof. Such approval by the CITY will not be unreasonably withheld. This paragraph shall survive the termination of this CONTRACT.
8. Amendments
. Any amendment, modification, or variation from the
provisions of this CONTRACT shall be in writing and shall be effective only upon mutual written approval by the Environmental Services Director and CONSULTANT.
9. Anti-Discrimination. In the performance of the terms of this CONTRACT, CONSULTANT shall not engage in, nor permit subcontractors to engage in, discrimination in employment of persons because of the age, race, color, religious creed, sex, sexual orientation, national origin, ancestry, physical disability, mental disability, medical condition, or marital status of such persons. Violation of this provision may result in the imposition of penalties referred to in Labor Code Section 1735.
10. Personal Services . This Agreement is fo r professional services, which are personal to CITY. Veronica Tam is deemed to be especially experienced and is a key member of CONSULTANT’S firm, and shall be directly involved in performing, supervising, or assisting in the performance of this work. This key person shall communicate with, and periodically report to, CITY on the progress of the work. Should any such individual be removed from assisting in this contracted work for any reason, CITY may terminate this CONTRACT.
11. Termination. If, during the term of this CONTRACT, CITY determines that CONSULTANT is not faithfully abiding by any term or condition contained herein, CITY may notify CONSULTANT in writing of such defect or failure to perform. The notice must give to the CONSULTANT a ten (10) day period of time thereafter in which to perform the work or cure the deficiency. If CONSULTANT has not performed the work or cured the deficiency within the ten (10) days specified in the notice, such failure shall constitute a breach of this CONTRACT, and CITY may terminate this CONTRACT immediately by written notice to CONSULTANT. In additi on, CITY, if it terminates this CONTRACT for cause, may withhold as an offset from payments due CONSULTANT damages occasioned by such breach, including liquidated damages, if so provided herein. The CITY shall be liable to the CONSULTANT only for those fees accrued by the CONSULTANT to the date CONSULTANT receives the notice of termination. In no event, however, shall CONSULTANT be entitled to receive in excess of the CONTRACT amount.
12. Delivery of Reports in Cases of Termination. If this CONTRACT is terminated pursuant to any of the provisions contained hereinabove, and if requested to do so in writing by the CITY, the CONSULTANT shall, within fourteen (14) calendar 3 DocuSign Envelope ID: 59402E3F-B0A6-4B06-A238-245E2D67B839 11 HousingelementCCMtg4-6-20(klk)
days after receipt of such written request, deliver and turn over to the CITY all of i ts preparation and work on the project which were done to the date of the receipt of the notice of termination. The terms "preparation" and "work" as used in this paragraph, shall refer to and include all data and materials of whatever type that have been gathered by the CONSULTANT, and contemplated to be used or actually used, in the provision of the services as specified in this CONTRACT.
13. Complete CONTRACT
. This CONTRACT and its accompanying
exhibits shall constitute the complete CONTRACT between the parties hereto. No verbal agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such verbal agreement, understanding, or representation be binding upon the parties hereto.
14. Independent Contractor. It is expressly understood between the parties to this CONTRACT that no employee/employer relationship is intended.
CONSULTANT is not an agent or employee of the CITY and it is not entitled to participate in any pension plan, insurance or other benefits CITY provides for its employees. CONSULTANT is an independent contractor in performing the Services required under this CONTRACT and will have control of all work and the manner in which it is performed. Any provision of this CONTRACT that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work required herein or to exercise a measure of control over the work means that the CONSULTANT will follow the direction of the CITY as to the results of the work only.
15. Time of Performance. Time is of the essence in this CONTRACT.
16. Insurance. CONSULTANT shall, at CONSULTANT’S sole co st and expense, provide insurance as contained in Exhibit “C”, incorporated herein.
CONSULTANT shall not commence work on the Services to be performed, until it submits proof of all insurance coverage as required.
17. Ownership of Reports and Data . The originals of all studies, reports, exhibits, documents, data and other work or materials prepared for, or used to comply with any term of this CONTRACT, plus any copies of same required by this CONTRACT to be furnished to the CITY by any of the other part y(ies) with whom the CONSULTANT may have contract(s) pertaining to this project, shall be deemed to be public records open to inspection by the public and, as such, to be and remain the property of the CITY.
18. Conflict of Interest . Neither CONSULTANT nor any employees, agents, or subcontractors of CONSULTANT who will be assigned to this project, to the best of CONSULTANT'S knowledge, own any property or interest in properties, business relationships, or sources of income which may be affected by the performance of this CONTRACT. Should one party hereto learn of any such interest, income source, or business relationship, such fact shall immediately be brought to the attention of the other party hereto. If the parties thereupon cannot mutually agree upon a means to eliminate the conflict, CITY may terminate the CONTRACT immediately for non- performance pursuant to Section 11 herein.
4 DocuSign Envelope ID: 59402E3F-B0A6-4B06-A238-245E2D67B839 12 HousingelementCCMtg4-6-20(klk)
In accordance with California Government Code Section 87306, CONSULTANT shall provide, if requested by CITY, a Conflict of Interest Statement, Form 700 no later than 30 days after execution of this CONTRACT, and annually thereafter prior to April 1st of each year for the duration of the CONTRACT. Failure to file any of the required statements will result in withholding payment for services rendered.
19. Successors and Assigns
. The terms hereof shall be binding
upon and inure to the benefit of the successors and assigns of the parties hereto; provided, however, that no party hereto shall assign any of the benefits and burdens hereunder, whether voluntarily or by operation of law, without the prior written consent of the other party, and any such assignment without said consent shall be void.
20. Authority to Execute CONTRACT . Both CITY and
CONSULTANT do covenant that each individual executing this CONTRACT on behalf of each party is a person duly authorized and empowered to execute contracts for such party.
21. Jurisdiction and Venue . Jurisdiction is in an appropriate court in the State of California and venue lies in Ventura County, and the parties do not consent to arbitration. In the event of any dispute, each party shall bear its own fees and costs (including attorneys’ fees). This CONTRACT shall be governed by California law, without regard to conflict of law principles.
22. Non-Appropriation of Funds . Payments due and payable to CONSULTANT for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of CITY. In the event CITY has not appropriated sufficient funds for payment of CONSULTANT services beyond the current fiscal year, this CONTRACT shall cover only those costs incurred up to the conclusion of the current fiscal year.
23. Taxpayer Identification Number
. CONSULTANT shall provide
CITY wit h a complete Request for Taxpayer Identification Number and Certification, form W-9 (latest revision), as issued by the Internal Revenue Service.
24. Permits and Licenses
. CONSULTANT, at its sole cost and
expense, shall obtain and maintain during the ter m of this CONTRACT, all appropriate permits, licenses, and certificates that may be required in connection with the performance of this CONTRACT.
25. Waivers
. The waiver by one party of any term or condition of this CONTRACT, or any breach thereof, shall not be construed to be a general waiver by the party or as a waiver of any other term or breach.
26. Statement of Experience . CONSULTANT warrants that it will perform its Services with at least the due care, diligence and expertise generally accepted in its industry. CONSULTANT also understands and agrees that it is being employed to perform the Services provided for by this CON TRACT because of CONSULTANT’S professed expertise and experience in performing such Services. In addition, CONSULTANT understands and agrees that while CITY or CITY’S officers, employees, agents or volunteers may elect to do so, they have no duty to revie w, 5 DocuSign Envelope ID: 59402E3F-B0A6-4B06-A238-245E2D67B839 13 HousingelementCCMtg4-6-20(klk)
inspect, monitor, or supervise the work performed by CONSULTANT pursuant to this CONTRACT. As a consequence, CONSULTANT waives any right of contribution against CITY or any of CITY’S officers, employees, agents, or volunteers arising out of such failur e to inspect, review, monitor, or supervise the work performed by CONSULTANT pursuant to this CONTRACT.
27. Notices
. All written notices required by, or related to this
CONTRACT shall be sent by Certified Mail, Return Receipt Requested, postage prepaid and addressed as listed below. Neither party to this CONTRACT shall refuse to accept such mail; the parties to this CONTRACT shall promptly inform the other party of any change of address. All notices required by this CONTRACT are effective on the day of receipt, unless otherwise indicated herein. The mailing address of each party to this CONTRACT is as follows:
CITY Department of Environmental Services
City of Simi Valley
2929 Tapo Canyon Road
Simi Valley, CA 93063
Staff Contact: Yvette Moore, Administrative Officer
[email protected]
805.583.6778
6 DocuSign Envelope ID: 59402E3F-B0A6-4B06-A238-245E2D67B839 14 7
DocuSign Envelope ID: 59402E3F-B0A6-4B06-A238-245E2D67B839 15 HousingelementCCMtg4-6-20(klk)
EXHIBIT “A”
SCOPE OF WORK
CONTRACT FOR PROFESSIONAL SERVICES BETWEEN THE CITY
OF SIMI VALLEY AND RINCON CONSULTANTS, INC. TO PROVIDE
CONSULTING SERVICES TO PREPARE A HOUSING ELEMENT
UPDATE AND ENVIRONMENTAL REVIEW
Scope of Work (2/20/2020)
The proposed team will work collaboratively to achieve the City’s expected deliverables.
Rincon will provide general oversight, manage communications, implement a smooth and efficient work program, and ensure high quality, internally consistent, and timely deliverables. Veronica Tam and Associates will lead the Housing Element update, with assistance from Rincon Consultants, Inc.
A. Project Schedule
The VTA team will develop a timeline schedule with milestones for the review and appeal (if necessary) of RHNA and the certification of the Housing Element by HCD by October 1, 2021. The project schedule will include a detailed explanation of all stages of the project.
The team will attend a kick ‐off meeting to refine the scope of the Housing Element update and to establish a timeline for the project, recognizing the critical milestones for the various components of this update.
B. Existing Conditions and Needs
1. The VTA team will review the City’s current Housing Element, General Plan and other supporting materials as needed to gain insight and understanding of Simi Valley’s housing progress and priorities.
2. VTA will evaluate results from previous housing programs and policies implemented, and their effectiveness. Specifically, will:
• Discuss the effectiveness and continued appropriateness of the housing programs and policies.
• Assess the extent of accomplishments and discuss with staff the reasons for falling short on anticipated goals.
• Review compliance with new State laws and identify areas where changes are necessary and/or appropriate.
• Identify necessary revisions to existing programs.
Consultant will interview staff and compile additional information to provide an update to the 2019 Housing Element Annual Progress Report (APR).
3. VTA will also assess the feasibility of the City to use HCD’s new streamlined update process, according to HCD’s Housing Element Update Guidance document.
8 DocuSign Envelope ID: 59402E3F-B0A6-4B06-A238-245E2D67B839 16 HousingelementCCMtg4-6-20(klk)
C. Regional Housing Needs Assessment (RHNA)
1. VTA will review the City’s vacant land inventory.
Based on the Final RHNA Methodology adopted by the SCAG Regional Board on November 7, 2019, the City of Simi Valley may be allocated a RHNA of 2,788 units (as released by SCAG on February 20, 2020). HCD review of the RHNA Methodology ends January 13, 2020. Once the methodology is approved by HCD, SCAG would begin developing the actual allocation. Based on our recent discussions with SCAG staff (November 2019), there may be intra‐ county adjustments to the RHNA estimates, but no inter‐county adjustments will be made.
This Housing Element update would require significant efforts to identify additional sites with sufficient capacity for the RHNA, taking into considerations the adequate sites requirements under new Housing Element laws:
• No net loss of capacity when sites are developed.
• Continued ability to meet the RHNA by income group.
• Stringent standards for assessing feasibility when reusing vacant and underutilized sites that have previously been included in the 5th cycle Housing Element. All existing uses on site would be considered a constraint to redevelopment. Information such as ownership, tenure (and remaining lease terms), turnover rate, and owner intent, etc. would be needed to justify redevelopment potential.
• Sites smaller than 0.5 acre or larger than 10.0 acres are not considered feasible sites for lower income housing.
• Reliance on mixed use for lower income housing.
• Ratio of vacant versus non‐vacant sites.
• Demonstrated trends of development.
• Lot consolidation must be shown among contiguous parcels that could demonstrate feasibility of recycling.
Consultant will review the Sites Inventory in the 2013‐ 2021 Housing Element, taking considerations of the following:
• Change in status on sites (developed, recent substantial improvements, or change in use) that may impact whether the sites could remain on the sites inventory.
• Size of parcels and lot consolidation potential.
• Existing uses that may be considered underutilized in the 5th cycle but would not meet new nonvacant sites requirements.
Rincon will provide technical GIS support for this task. Based on this assessment, consultant will draft a memo that outline the potential shortfall in sites. In addition, consultant will discuss with staff the “healthy” buffer to include in the sites inventory in order to meet new state laws on Not Net Loss and Continued Ability to Meet RHNA.
This memo would be the basis for identifying necessary changes to specific plans and General Plan/zoning in order to accommodate the RHNA.
2. VTA will review and assist with RHNA.
VTA has provided RHNA assistance to clients, including understanding the RHNA process, evaluating the background data, and drafting comment letters to SCAG. Due to the undefined scope of this task, consultant assume it would be billed on a time‐ and‐ materials basis.
9 DocuSign Envelope ID: 59402E3F-B0A6-4B06-A238-245E2D67B839 17 HousingelementCCMtg4-6-20(klk)
3. VTA can provide assistance to City staff in reviewing strategies for appeal if applicable. Due to the undefined scope of this task, consultant assumes it would be billed on a time‐and‐materials basis.
D. Assessment of Housing Needs
1. Needs Assessment.
Under the guidance of VTA Principal, Veronica Tam, Rincon staff will prepare a complete housing assessment and needs analysis consistent with State Housing Element law and HCD’s Completeness Review Checklist. The Housing Needs Assessment will contain the following topics to satisfy Government Code Section 65583(a) requirements. The Needs Assessment will be comprehensively updated with the most recent American Community Survey (ACS) and housing market data.
• Demographics, Income, and Employment Trends: This section includes information on the population growth trends, along with income distribution and employment trends.
• Household Characteristics: This section will also discuss household characteristics such has size, tenure, composition, and overcrowding conditions that may impact housing needs.
• Housing Stock Characteristics: An analysis of the condition of the existing housing stock as well as cost and affordability, including discussions on cost burden (overpayment).
• At‐Risk Housing Analysis: This section will also include an analysis of exis ting assisted housing developments which are eligible to change from low income housing uses during the next ten years (i.e. at ‐risk housing). This analysis will cover housing units deed‐ restricted as low income housing as a result of public assistance, density bonus requirements, and inclusionary housing program. • Analysis of Special Housing Needs: Special housing needs of seniors, large households, female- headed households, persons with disabilities (including persons with developmental disabilities), the homeless, farmworkers, and extremely low income households. Housing Resources and Opportunities
2. Housing Resources and Opportunities.
Updated Sites Inventory
Under the guidance of Veronica Tam, Rincon staff will utilize GIS, city data, aerial photography, and field observations to compile a sites inventory, which must contain the following information:
• APN and address
• Acreage
• Densities (maximum allowable and realistic)
• Vacant versus non‐ vacant status, and explanation why existing uses are not a constraint to development
• Lot consolidation potential (adjacency and common ownership) • Availability of infrastructure
• Whether the site was included in the 5th cycle Housing Element inventory • Whether rezoning or upzoning would be necessary
10 DocuSign Envelope ID: 59402E3F-B0A6-4B06-A238-245E2D67B839 18 HousingelementCCMtg4-6-20(klk)
Other Resources
The Housing Element will include discussions on other resources, such as financial resources and partnership opportunities, as well as opportunities for energy conservation.
3. Affirmatively Furthering Fair Housing (AFFH).
New Housing Element law requires jurisdictions to examine barriers to fair housing and ensure housing programs are implemented in a manner to affirmatively further fair housing. The City of Simi Valley is an entitlement jurisdiction for CDBG funds and therefore is subject to the Federal requirements for preparing an Analysis of Impediments (AI) to Fair Housing Choice. Consultant understand the City is participating in the Regional AI update, which will be available next spring for incorporation into the Housing Element.
Recently, consultant discussed with HCD staff regarding its interpretation of the AFFH requirement in the Housing Element. HCD staff indicates that the AFFH requirement would also have an impact on HCD’s review of the City’s sites inventory – particularly in relation to concentration of low income housing and access to opportunities.
4. Housing Constraints.
Consultant will identify potential governmental and non‐ governmental constraints to housing production, including environmental and infrastructural constraints. This analysis must contain a review of factors that may potentially constrain the development, improvement, and preservation of housing in Simi Valley. Factors to be reviewed include market, governmental, environmental, and infrastructural constraints.
New Hous ing Element laws require the assessment of non‐ governmental constraints, including NIMBYism, lending practices, shortage of labor, and other economic factors.
5. VTA will incorporate the RHNA figures as provided by SCAG and prepare Housing Goals, Policies, and Quantified Objectives
Based upon the analyses and research conducted in the previous tasks, consultant will update the Housing Element. The updated Housing Element will include all required components under State law, along with relevant appendices. For each program included in the Housing Element, consultant will establish the timeframe for implementation, specific objectives, funding sources, and responsible agencies. The programs will satisfy requirements of Government Code Sections 65583(b) and (c).
Consultant will review and revise, as appropriate, housing goals, policies, and quantified objectives regarding the production, conservation, maintenance, preservation, and improvement of housing. This update will reflect the current and projected market conditions, the City’s specific challenges, and funding capacity to ensure the housing objectives are realistic.
E. Preparation of Draft Housing Element
1. Study Sessions, Community Workshops, and Public Presentations (5) 11 DocuSign Envelope ID: 59402E3F-B0A6-4B06-A238-245E2D67B839 19 HousingelementCCMtg4-6-20(klk)
With the significant changes in State Housing Element law and the estimated size of the City’s RHNA, consultant will conduct a series of informational and educational workshops, as well as discussion sessions before various commissions, appointed and elected officials. During the kick‐off meeting, as part of the scope refinement, consultant will work with staff to determine the appropriate formats for the meetings.
2. Administrative Draft Housing Element and Initial Study Consultant will prepare the Administrative Draft Housing Element based on analyses, research, and comments/discussions from the previous tasks. Our timeline and budget assumes two rounds of review by staff.
3. Draft Housing Element
Consultant will work with City staff to develop the Draft Housing Element for public review prior to submitting the Draft Element for HCD review.
4. Planning Commission Meeting
This meeting with the Planning Commission is intended to review the Draft Housing Element prior to submitting the Element for HCD review. After the meeting, consultant will revise the Draft Housing Element to incorporate public comments and submit the Draft Housing Element for HCD review.
5. HCD Review and Final Draft Housing Element
HCD review of the Draft Housing Element is mandatory. During the review, consultant would work to address all HCD comments. Consultant would communicate with HCD and facilitate review of the revisions via revised pages. All revisions made to the Draft Housing Element would be shown as tracked changes. The goal is to secure a Finding of Substantial Compliance on the Draft Element before proceeding to adoption. This way, final certification would be contingent upon adopting the Housing Element as revised and reviewed by HCD, and the City would avoid adopting a Housing Element that does not completely meet HCD requirements and needing to repeat the review and adoption process again.
Throughout the HCD review process, consultant maintain contact with HCD staff v ia emails and phone calls regarding the City’s progress, key issues to be addressed, and alternative approaches to compliance.
6. Public Hearings for Adoption
Upon completion of HCD review, consultant will conduct public hearings before the Planning Commission and City Council for the adoption of the Housing Element. At the hearings, consultant will outline the changes requested by HCD.
7. Adopted Housing Element and State Certification
After adoption, the Housing Element must be submitted to HCD for its final review (120 days). Consultant will follow through with assisting the City in achieving State certification of the Housing Element. Consultant will work closely with HCD, and the City of Simi Valley to ensure that City meets State requirements.
F. Environmental Review
It is our understanding that the Housing Element update will be consistent with the land use densities described in the 2012 General Plan and analyzed in the General Plan Final Environmental Impact Report (Final EIR) that was certified by the City in 2012. 12 DocuSign Envelope ID: 59402E3F-B0A6-4B06-A238-245E2D67B839 20 HousingelementCCMtg4-6-20(klk)
Consultant anticipates that housing opportunities identified in the Housing Element will be generally consistent with what was analyzed in the Final EIR. As such, an Addendum to the General Plan EIR will be the appropriate level of environmental review for the proposed project. The Addendum would compare the impacts of the Housing Element update to what was considered in 2012. Assuming that this analysis concludes that the Housing Element update would not create any new significant impacts or substantially increase the severity of impacts identified in the 2012 Final EIR, the City can process an Addendum. However, if our analysis identifies a potential new significant or increase d severity impact, preparation of an EIR supplement may be required. If such an impact is identified during the course of our work, consultant will contact the City immediately to discuss an appropriate course of action.
Rincon will prepare, post, and file all the appropriate environmental documents for compliance with CEQA. In addition, Rincon will prepare all tribal consultation notices and mailings required for the City to comply with the requirements of SB 18. AB 52 consultation would not be applicable for preparation of an Addendum to an EIR.
1. Draft EIR Addendum.
Rincon will prepare a draft Addendum for City review. The Addendum will include the following components:
• Introduction/Project Description – This section will describe the project background and CEQA requirements pertaining to the Addendum. It will also compare the specifics of the Housing Element update to those of the project that was studied in the 2012 General Plan Final EIR.
• Analysis of EIR Issues – The Addendum will provide a comparative analysis of all issues that were addressed in the 2014 Final EIR. The analysis will make a determination of whether impacts associated with the Housing Element update would be significant based on City thresholds and will also compare the impacts of the current proposal to those identified in the 2012 Final EIR. As appropriate, the Addendum will quantify impacts and compare impacts to adopted thresholds of significance. It is anticipated that key issues that may have changed include housing/population and land use/planning. In addition, tribal cultural resources was not analyzed in the 2012 General Plan Final EIR.
It is anticipated that impacts for issues such as aesthetics, agricultural resources, air quality, biological resources, greenhouse gases, hazards, hydrology/water quality, mineral resources, noise, public services, recreation, transportation, and utilities would not change. Consequently, new modeling/quantitative analysis of these issues is not proposed.
2. Final EIR Addendum.
Rincon will respond to City comments on the draft Addendum and prepare the final Addendum. City decision makers will consider this document at public hearings on the Housing Element update.
3. Public Hearings.
Rincon will attend two public hearings on the project. Consultant will make a presentation summarizing the Addendum findings.
13 DocuSign Envelope ID: 59402E3F-B0A6-4B06-A238-245E2D67B839 21 HousingelementCCMtg4-6-20(klk)
EXHIBIT “B”
PROJECT BUDGET, SCHEDULE OF FEES
AND SCHEDULE
CONTRACT FOR PROFESSIONAL SERVICES BETWEEN THE CITY
OF SIMI VALLEY AND RINCON CONSULTANTS, INC. TO PROVIDE
CONSULTING SERVICES TO PREPARE A HOUSING ELEMENT
UPDATE AND ENVIRONMENTAL REVIEW
Project Budget $180,708
Less Task G (Optional)
Not included with this contract. A contract amendment will be issued at a later date should this work be required. 31,780
Contract Amount $148,928
14 DocuSign Envelope ID: 59402E3F-B0A6-4B06-A238-245E2D67B839 22 Revised Budget
Rincon Consultants, Inc. 9
Revised Budget
City of Simi Valley Housing Element Update and Environmental Review Cost Estimate (Revised 02/20/2020)
Tasks VTA Labor Rincon Labor Budget
TASK A: Project Schedule
Task A.1 Develop timeline schedule 1,010$ 830$ 1,840$ Task A Subtotal Cost 1,010$ 830 $ 1,840 $ Task B: Existing Conditions and Needs
Task B.1 Review City materials 1,120$ 2,755$ 3,875$ Task B.2 Evaluate results from previous housing efforts 4,480$ ‐ $ 4,480$ Task B.3 Assess feasibility ‐$ ‐ $ ‐ $ Task B Subtotal Cost 5,600$ 2,755 $ 8,355 $ Task C. Regional Housing Needs Assessment
Task C.1 Review of the City Residential Site Inventory 4,760$ 4,840$ 9,600$ Task C.2 RHNA Assistance (Time and Materials) 6,400$ ‐ $ 6,400$ Task C.3 Assistance with RHNA Appeal (Time and Materials) 6,400$ ‐ $ 6,400$ Task C Subtotal Cost 17,560$ 4,840 $ 22,400 $ Task D: Assessment of Housing Needs
Task D.1 Needs Assessment 3,280$ 6,840$ 10,120$ Task D.2 Housing Resources and Opportunities 5,000$ 9,040$ 14,040$ Task D.3 Affirmatively Furthering Fair Housing 2,320$ ‐ $ 2,320$ Task D.4 Housing Constraints 10,400$ ‐ $ 10,400$ Task D.5 Housing Goals, Policies, and Quantified Objectives 4,160$ ‐ $ 4,160$ Task D Subtotal Cost 25,160$ 15,880 $ 41,040 $ Task E: Prepare and Finalize Housing Element
Task E.1 Study Sessions, Community Workshops, and Public Presentations (5) $10,900.00 10,900$ Task E.2 Aministrative Draft Housing Element $9,320.00 9,320$ Task E.3 Draft Housing Element $1,600.00 1,600$
Task E.4 Planning Commission Meeting $1,410.00 1,410$ Task E.5 HCD Review and Final Draft Housing Element $11,360.00 11,360$ Task E.6 Public Hearings for Adoption (2) $2,620.00 2,620$ Task E.7 Adopted Housing Element and State Certification $720.00 720$ Task E Subtotal Cost 37,930.00$ - $ 37,930.00$ Task F: Environmental Review
Task F.1 Draft EIR Addendum $11,440.00 11,440$
Task F.2 Final EIR Addendum $7,170.00 7,170$
Task F.3 Public Hearings (2) $2,880.00 2,880$
Task F.4 Project Management $6,250.00 6,250$
Task H Subtotal Cost -$ 27,740.00$ 27,740.00 $ Task G: General Plan Amendment
Task G.1 Review LHMP $3,730.00 3,730$
Task G.2 Land Use Element $9,990.00 9,990$
Task G.3 Safety Element $10,650.00 10,650$
Task G.4 Environmental Justice $7,410.00 7,410$
Task G Subtotal Cost -$ $31,780.00 31,780.00 $ Task H: VTA Project Management/Coordination
Task H.1 Project Management/Coordination $8,800.00 8,800$ Task H Subtotal Cost $8,800.00 8,800.00 $
Rincon Direct Costs Subtotal 823.00$ 823.00 $ TOTAL PROJECT BUDGET $96,060 $84,648 $180,708
Hourly rates to be valid through the term of the contract. 15 DocuSign Envelope ID: 59402E3F-B0A6-4B06-A238-245E2D67B839 23 1.1 Project Schedule
Housing Elements in the SCAG region must be adopted by October 15, 2021 (with a 120‐day grace period). Based on our recent discussions with HCD (November 2019), the Streamlined Review process HCD introduced for the fifth cycle update would not be available for the sixth cycle.
The schedule is designed to front‐load the majority of the Housing Element preparation work prior to the SCAG adoption of the final RHNA. Our sites inventory assumes th
e 2,788‐unit RHNA plus a reasonable buffer to accommodate adjustments as a result of RHNA appeals and the No‐Net‐ Loss requirements under State law. In the unlikely event of delays in adopting the final RHNA, our schedule lead time to allow for schedule adjustments, not including the 120‐day grace period provided under State law.
Contract awarded, authorization to proceed received
Kickoff Meeting
Initial Assessment of Sites Inventory
Study Sessions, Community Workshops
Sites Inventory for 6th Cycle RHNA
Administrative Draft Housing Element
Administrative Draft General Plan Amendment (optional)
Administrative Draft EIR Addendum
Draft Housing Element
Draft General Plan Amendment (optional)
Draft EIR Addendum
HCD Review
Adoption Hearings
Work in Progress Meeting
CHD/City Review Public Meeting/Hearing
Public Review
2020
Sep Oct Nov DecJul AugTask Mar Apr May JunFeb
2021
Apr May Jun Jul Aug Sep Dec NovOct Jan
16 DocuSign Envelope ID: 59402E3F-B0A6-4B06-A238-245E2D67B839 24 Rincon Consultants, Inc.
Standard Fee Schedule for Environmental Sciences and Planning Services Professional, Technical & Support Personnel* Hourly Rate Principal II $240
Director II $240
Principal I $220
Director I $220
Senior Supervisor II $205
Supervisor I $195
Senior Professional II $175
Senior Professional I $160
Professional IV $145
Professional III $130
Professional II $115
Professional I $105
Associate III $95
Associate II $90
Associate I $82
Project Assistant $75
Senior GIS Specialist $140
GIS/CADD Specialist II $125
GIS/CADD Specialist I $112
Technical Editor $112
Production Specialist $88
Clerical $75
*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 $350.
Direct Costs Rate
Photocopies – Black and White $0.20 (single sided) & $0.36 (double sided) Photocopies – Color $1.50 (single sided) & $3.20 (double sided) Photocopies – 11 x 17 $0.50 (B & W) & $3.20 (color)
Oversized Maps $8.00/square foot
Reproduction: CDs and USB Flash Drive $15 / disc and $20/flash drive Light duty /Passenger Vehicles** $85/day
4-WD/Off-Road Vehicles** $135/day
** $0.65/mile 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 15%. 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 annual escalation Payment Terms – All fees will be billed to Client monthly and shall be due and payable upon receipt. Invoices are delinquent if not paid within ten (10) days from receipt.
17 DocuSign Envelope ID: 59402E3F-B0A6-4B06-A238-245E2D67B839 25 Rincon Consultants, Inc.
Equipment Day Rate
Environmental Site Assessment
Brass Sample Sleeves, Bailers, Disposable Bailers $25
Water Level Indicator, DC Purge Pump $40
Hand Auger Sampler $55
Oil-Water Interface Probe $85
Four Gas Monitor or Photo-Ionization Detector $120
Soil Vapor Extraction Monitoring Equipment $140
Flame Ionization Detector $200
Natural Resources Field Equipment
Trimble GPS (sub-meter accuracy) $190
UAS Drone $250
Pettersson Bat Ultrasound Detector/Recording Equipment $150 Spotting or Fiberoptic Scope $150
Amphibian/Vernal Pool Field Package: (digital camera, GPS, thermometer, decon chlorine, waders, float tube, hand net, field microscope) $150
Remote Field Package, (digital camera, GPS, thermometer, binoculars, tablet and mifi, Delorme Satellite Beacon, 24-Hour Safety Phone) $125
Sound Level Metering Field Package: anemometer, tripod and digital camera. $100 Standard Field Package (digital camera, GPS, thermometer, binoculars, tablet, safety equipment, and botanic collecting equipment) $95
Fisheries Equipment Package: (waders, wetsuits, dip nets, seine nets, bubblers, buckets) $50 Water Quality Equipment (DO, pH, Turbidity, refractometer, temperature) $55 Large Block Nets $100
Minnow trap $85
Infrared Sensor Digital Camera or Computer Field Equipment $50 Scent Station $20
Laser Rangefinder/Altitude $10
Net, Hand/Large Seine $10/$50
Pit-fall Traps, Spotlights, Anemometer, GPS Units, Sterilized Sample Jar $8 Mammal Trap, Large/Small $1.50/$.50
Water & Marine Resources Equipment
Refractometer (salinity) or Turbidity Meter $35
Multi Parameter Sonde (Temp, Cond, Turbidity, DO, pH) with GPS $150 Boat (20 ft. Boston Whaler or Similar) $300
Boat (26 ft. Radon or Similar) $550
Side Scan or Single Beam Sonar $700
Underwater & Marine Sampling Gear includes: U/W Photo/Video Camera, SCUBA Equipment (Tanks, BCD, Regulators, Wetsuits, etc.) $50/diver
Marine Field Package: (Personal Flotation Devices (PFDs),100 ft. Reel Tapes w/ Stainless Carabiners, Pelican Floats, Underwater Slates, Thermometer, Refractometer, Anemometer, various Field Guides) $50 Insurance, Hazard & Safety Fees
L & H Dive Insurance $50/diver
Hazard Premium (In or Underwater ONLY per/hour) $1.25 X hourly Level C Health and Safety $60 person
18 DocuSign Envelope ID: 59402E3F-B0A6-4B06-A238-245E2D67B839 26 HousingelementCCMtg4-6-20(klk)
EXHIBIT “C”
INSURANCE REQUIREMENTS
CONTRACT FOR PROFESSIONAL SERVICES BETWEEN THE CITY
OF SIMI VALLEY AND RINCON CONSULTANTS, INC. TO PROVIDE
CONSULTING SERVICES TO PREPARE A HOUSING ELEMENT
UPDATE AND ENVIRONMENTAL REVIEW
Insurance - The Consultant shall meet the following provisions (Sections 1 through 7) relating to insurance coverages.
1. General Conditions - Without limiting the Consultant indemnification of City, Consultant shall provide and maintain at its own expense the insurance listed under Section 7 (Evidence of Coverages) covering its operations, subject to the following conditions:
a) The City, its Boards, Officers, Agents, and Employees shall be included as additional insureds in all liability insurance policies and endorsements thereto except for Workers' Compensation and Professional Errors and Omissions. The City shall be named Loss Payee as i ts interest may appear in all property insurance.
b) Such insurance shall be primary with respect to any insurance maintained by City and shall not call on City's insurance for contributions.
c) With respect to the interests of the City, the Consultant’s insurance shall not be canceled nor reduced in coverage or limits until after thirty (30) days written notice shall have been sent by certified mail (return receipt requested) to the City of Simi Valley, Department of Environmental Services, 2929 Tapo C anyon Road, Simi Valley, California 93063, and shall contain an unequivocal clause so stating.
d) A City approved endorsement or certified copy of insurance policy providing coverage shall be submitted to and approved by the City's Risk Manager prior to commencement of any work or tenancy.
2. Workers' Compensation
- The Consultant shall procure and maintain, during the life of the Contract, workers' compensation insurance or a valid certificate of consent to self -insure for all its employees engaged on or at the site of the project. In case any of the work is sublet, the Consultant shall require all subcontractors to similarly provide workers' compensation insurance for all the latter's employees unless such employees are covered by protection afforded by workers' compensation insurance carried by the Consultant.
By submitting a proposal pursuant to these specifications, Consultant hereby certifies that it is aware of the provisions of Section 3700 et seq., of the Labor Code which require every employer to be insured against liability for Workers' Compensation.
3. Aggregate Limits/Blanket Coverage
- If any of the required insurance coverages
contain aggregate limits or apply to other operations or tenancy of the Consultant outside these specifications, Consultant shall give City prompt, written notice of any incident, occurrence, claim, settlement, or judgment against that insurance which may diminish the protection that such insurance affords the City. 19 DocuSign Envelope ID: 59402E3F-B0A6-4B06-A238-245E2D67B839 27 HousingelementCCMtg4-6-20(klk)
Consultant shall further take immediate steps restoring such aggregate limits or shall provide other insurance protection for such aggregate limits.
4. Modification of Coverage
- The City reserves the right at any time during the term of any contract executed with the Consultant pursuant to these specif ications (Contract) to change the amounts and types of insurance required hereunder by giving Consultant ninety (90) days written notice. If such change should result in a premium increase in excess of ten percent (10%) to Consultant, City agrees to negotiate additional compensation proportional to the increased benefit to the City.
5. Failure to Procure or Maintain Insurance
- Consultant’s failure to procure or
maintain required insurance program shall constitute a material breach of Contract under which the City may immediately terminate the Contract or, at its discretion, procure or renew such insurance to protect the City's interests and pay any and all premiums in connection therewith, and recover all monies so paid from Consultant, or deduct all moni es so paid from payments due Consultant.
6. Underlying Insurance - Consultant shall be responsible for requiring indemnification and insurance from its employees receiving mileage allowance, consultants, agents, and subcontractors, if any, to protect the Consultant 's and the City's interests, and for ensuring that such persons comply with any applicable insurance statutes. Consultant is encouraged to seek professional advice in this regard.
7. Evidence of Coverages - Evidence of coverages (as checked below) having as a minimum the limits shown must be submitted and approved prior to commencement of work or any tenancy. Amounts shown are Combined Single Limit (CSL). Split limits may be substituted if the total per occurrence equals or exceeds the CSL amount.
Description Limits
X
Workers' Compensation Statutory
(x) Employer's Liability $1,000,000
(x) Waiver of Subrogation
X
General
Liability (must be written on an Occurrence Form) $2,000,000 (x) Premises and Operations
(x) Contractual Liability
(x) Independent Contractors
(x) Products/Completed Operations
(x) Broad Form Property Damage
(x) Personal Injury
(x) Broad Form Liability Endorsement
X Automobile Liability (must be written on an Occurrence Form) $1,000,000
(x) Owned Automobiles
(x) Nonowned/Hired Automobiles
X Professional Liability (Errors and Omissions)
$1,000,000
(to be in continuous force from date of
contract award until one year after final
acceptance of the project)contract award until five years after final acceptance of the project)
20 DocuSign Envelope ID: 59402E3F-B0A6-4B06-A238-245E2D67B839 28 1
FirstAmendRinconccmtg6-21-21(klk)
FIRST AMENDMENT TO CONTRACT FOR PROFESSIONAL
SERVICES BETWEEN THE CITY OF SIMI VALLEY AND
RINCON CONSULTANTS, INC. TO PROVIDE CONSULTING
SERVICES TO PREPARE A HOUSING ELEMENT UPDATE
AND ENVIRONMENTAL REVIEW, ESP 19-01
THIS FIRST AMENDMENT TO CONTRACT is made and entered into in the City of Simi Valley on this 21 st day of June 2021, by and between the CITY OF SIMI VALLEY, a municipal corporation, hereinafter referred to as CITY, and RINCON CONSULTANTS, INC., hereinafter referred to as CONSULTANT.
I. Recitals
A. CITY and CONSULTANT entered into a written contract ("CONTRACT") executed by the parties on April 6, 2020, for the Consulting Services to Prepare a Housing Element Update and Environmental Review, which is incorporated herein by reference.
B. In accordance with paragraph 8 of the CONTRACT, the parties desire to amend the CONTRACT to increase the CONTRACT amount and update the scope of work.
NOW, THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows:
II. Amendment
1. Description of Services. The scope of work authorized under this CONTRACT shall be amended at the request of CITY and attached hereto and incorporated herein as “Additional Services Proposal” (“Exhibit A” to CONTRACT AMENDMENT).
2. Compensation. The compensation to be paid by CITY to CONSULTANT for the services provided hereby shall be amended as follows: In no event shall the total amount paid for this CONTRACT AMENDMENT exceed $43,462, for a total not-to-exceed contract amount of $192,390, unless otherwise agreed to by the parties in writing. Payment will be made based on the rates contained in the amended “Schedule of Fees” as set forth in “Exhibit B” to the CONTRACT AMENDMENT attached hereto and incorporated herein.
3. Mailing Address . The mailing address of each party to this CONTRACT AMENDMENT is as follows:
CITY Department of Environmental Services
City of Simi Valley
2929 Tapo Canyon Road
Simi Valley, CA 93063
Staff Contact: Yvette Moore, Administrative Officer
[email protected]
(805) 583-6778
DocuSign Envelope ID: 44E354FD-8B48-4399-BB10-BACEFA7E5205 29 2
FirstAmendRinconccmtg6-21-21(klk)
CONSULTANT Rincon Consultants, Inc.
180 North Ashwood Avenue
Ventura, CA 93003
Attn: Matt Maddox, AICP, Principal
[email protected]
(916) 706-1374 x250
Except as herein amended, all other terms and conditions of the CONTRACT shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written.
Attest: City of Simi Valley, A Municipal Corporation
By:
Lucy Blanco, City Clerk Keith L. Mashburn , Mayor of the City of Simi Valley, California
Approved as to Form: Rincon Consultants, Inc.
By:
David L. Caceres, Interim City Attorney
Print Name: Matt Maddox
Approved as to Content: Title: AICP, Principal
By:
Brian Paul Gabler, City Manager
Print Name: Deanna Hansen
Title: Principal
Alison M. Phagan
Deputy Administrative Services Director
(Support Services)
Stratis Perros
Environmental Services Director
DocuSign Envelope ID: 44E354FD-8B48-4399-BB10-BACEFA7E5205 30 1
H 21/3-22(klk)
SECOND AMENDMENT TO CONTRACT FOR
PROFESSIONAL SERVICES BETWEEN THE CITY OF SIMI
VALLEY AND RINCON CONSULTANTS, INC. TO PROVIDE
CONSULTING SERVICES TO PREPARE A HOUSING
ELEMENT UPDATE AND ENVIRONMENTAL REVIEW, ESP
19-01
THIS SECOND AMENDMENT TO CONTRACT is made and entered into in the City of Simi Valley on this 25th day of March 2022, by and between the CITY OF SIMI VALLEY, a municipal corporation, hereinafter referred to as CITY, an d RINCON CONSULTANTS, INC., hereinafter referred to as CONSULTANT.
I. Recitals
A. CITY and CONSULTANT entered into a written contract ("CONTRACT") executed by the parties on April 6, 2020, for the Consulting Services to Prepare a Housing Element Update and Environmental Review, which is incorporated herein by reference.
B. On June 21, 2021, the CITY and CONSULTANT amended the CONTRACT (first amendment) to increase the CONTRACT amount by $43,462, for a total of $192,390.
C. In accordance with paragraph 8 of the CONTRACT, the parties desire to amend the CONTRACT to increase the CONTRACT amount and update the scope of work.
NOW, THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows:
II. Amendment
1. Description of Services. The scope of work authorized under this CONTRACT shall be amended at the request of CITY and attached hereto and incorporated herein as “Additional Services Proposal” (“Exhibit A” to CONTRACT AMENDMENT).
2. Term. The term of the CONTRACT shall be extended until the 31st day of December 2022.
3. Compensation. The compensation to be paid by CITY to CONSULTANT for the services provided hereby shall be amended as follows: In no event shall the total amount paid for this CONTRACT AMENDMENT exceed $11,536 for a total not-to-exceed contract amount of $203,926 unless otherwise agreed to by the parties in writing. Payment will be made based on the amounts contained in the amended “Revised Budget” as set forth in “Exhibit B” to the CONTRACT AMENDMENT attached hereto and incorporated herein.
4. Mailing Address . The mailing address of each party to this CONTRACT AMENDMENT is as follows:
CITY Department of Environmental Services
City of Simi Valley
2929 Tapo Canyon Road
Simi Valley, CA 93063
Staff Contact: Yvette Moore, Administrative Officer
[email protected]
(805) 583-6778
DocuSign Envelope ID: 64F27122-593B-4D80-B461-27E0050FB624 31 2
H 21/3-22(klk)
CONSULTANT Rincon Consultants, Inc.
180 North Ashwood Avenue
Ventura, CA 93003
Attn: Matt Maddox, AICP, Principal
[email protected]
(916) 706-1374 x250
Except as herein amended, all other terms and conditions of the CONTRACT shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written.
Attest: City of Simi Valley, A Municipal Corporation
By:
Lucy Blanco, City Clerk Brian Paul Gabler, City Manager
Approved as to Form: Rincon Consultants, Inc.
By:
David L. Caceres, City Attorney
Print Name: Deanna Hansen
Approved as to Content: Title: Principal
By:
Alison M. Phagan
Deputy Administrative Services Director Print Name: Jennifer Haddow (Support Services)
Title: Vice President
Stratis Perros
Environmental Services Director
DocuSign Envelope ID: 64F27122-593B-4D80-B461-27E0050FB624 32 3
H 21/3-22(klk)
EXHIBIT “A”
ADDITIONAL SERVICES PROPOSAL
SECOND AMENDMENT TO CONTRACT FOR
PROFESSIONAL SERVICES BETWEEN THE CITY OF SIMI
VALLEY AND RINCON CONSULTANTS, INC. TO PROVIDE
CONSULTING SERVICES TO PREPARE A HOUSING
ELEMENT UPDATE AND ENVIRONMENTAL REVIEW, ESP
19-01
Scope of Work (Revised 03/01/2022)
AMENDMENT TO TASK E.7 , ADOPTED HOUSING ELEMENT AND STATE
CERTIFICATION
DRAFT HOUSING ELEMENT REVISIONS
The Rincon team will address all HCD comments and prepare a revise d draft Housing Element Update. This task includes two hours of virtual meetings with City staff to address comments that require local knowledge and City feedback. Rincon will coordinate with HCD staff for clarification and guidance as needed. The Rincon team will work closely with HCD and the City of Simi Valley to ensure that the Housing Element meets State requirements.
Deliverables
Draft revised Housing Element Update (Clean and track changed MS Word and PDF files)
READOPTION OF HOUSING ELEMENT UPDATE
The Rincon team will attend one public hearing. If needed, they will make a presentation summarizing HCD’s comm ents and proposed revisions. They will attend additional hearings in accordance with their approved fee schedule.
Deliverables
Attendance and presentation support at one public hearing Final Adopted Housing Element Update (Clean and track changed MS Word and PDF files)
HCD SUBMITTAL
After adoption, the Housing Element Update must be submitted to HCD for final review.
Rincon will submit hard copy and electronic files of the adopted Housing Element Update to HCD.
Deliverables
One hard copy Housing Element shipped to HCD
Final Adopted Housing Element Update (Clean and track ch anged PDF files) emailed to HCD*
One round of updates per January 25, 2022, HCD Comments
DocuSign Envelope ID: 64F27122-593B-4D80-B461-27E0050FB624 33 4
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STAFFING
Matthew Maddox, Principal, will provide principal-level oversite and review. Lilly Rudolph, Senior Program Manager, will provide senior-level review and coordinate City staff meetings. Ms. Rudolph will attend public meeting s and hearings.
Jenna Shaw, Environmental Planner , will act as project lead, responsible for preparing responses and edits.
Veronica Tam of Veronica Tam and Associates will provide an expert-level review in the area of housing policy planning and assist wi th the preparation of all responses and edits. Ms. Tam will also attend public meetings and hearings.
SCHEDULE
Rincon will schedule a meeting with City staff within three weeks following authorization to proceed after thoroughly reviewing the HCD com ment letter. At that meeting, the Rincon team will present draft responses and revisions for City consideration and feedback. They will also provide City staff with a list of questions to help inform our revisions.
The draft revised Housing Element Update will be submitted to the City within three weeks of receipt of responses.
The re-adopted Housing Element Update will be submitted and shipped to HCD within two business days of re-adoption.
*Rincon will, to the best of their professional experience, address all of the current HCD comments such that in their professional opinion it would be ready to be a “Certified” Housing Element update that HCD will determine to be in substantial compliance with state law. However, if HCD provides new or additional comments outside the purview of the January 25, 2022 comments, Rincon reserves the right to request additional scope and funds to address those comments.
DocuSign Envelope ID: 64F27122-593B-4D80-B461-27E0050FB624 34 5
H 21/3-22(klk)
EXHIBIT “B”
AMENDED PROJECT BUDGET AND REVISED BUDGET
SECOND AMENDMENT TO CONTRACT FOR
PROFESSIONAL SERVICES BETWEEN THE CITY OF SIMI
VALLEY AND RINCON CONSULTANTS, INC. TO PROVIDE
CONSULTING SERVICES TO PREPARE A HOUSING
ELEMENT UPDATE AND ENVIRONMENTAL REVIEW, ESP
19-01
Project Budget $192,390
Task E.7 & Direct Costs
(Second Contract Amendment)
$11,536
Amended Total Project Budget/Contract Amount $203,926
DocuSign Envelope ID: 64F27122-593B-4D80-B461-27E0050FB624 35 6
H 21/3-22(klk)
REVISED BUDGET
DocuSign Envelope ID: 64F27122-593B-4D80-B461-27E0050FB624 36 1
H 21/6-22 (kj)
THIRD AMENDMENT TO CONTRACT FOR
PROFESSIONAL SERVICES BETWEEN THE CITY OF SIMI
VALLEY AND RINCON CONSULTANTS, INC. TO PROVIDE
CONSULTING SERVICES TO PREPARE A HOUSING
ELEMENT UPDATE AND ENVIRONMENTAL REVIEW, ESP
19-01
THIS THIRD AMENDMENT TO CONTRACT is made and entered into in the City of Simi Valley on this 21st day of June 2022, by and between the CITY OF SIMI VALLEY, a municipal corporation, hereinafter referred to as CITY, and RIN CON CONSULTANTS, INC., hereinafter referred to as CONSULTANT.
I. Recitals
A. CITY and CONSULTANT entered into a written contract ("CONTRACT") executed by the parties on April 6, 2020, for the Consulting Services to Prepare a Housing Element Update and Environmental Review, which is incorporated herein by reference.
B. On June 21, 2021, the CITY and CONSULTANT amended the CONTRACT (first amendment) to increase the CONTRACT amount by $43,462, for a total of $192,390. The First Amendment to the CONTRACT is incorporated herein by reference.
C. On March 25, 2022, the CITY and CONSULT ANT amended the CONTRACT (second amendment) to increase the CONTRACT amount by $ 11,536, for a total of $203,926. The Second Amendment to the CONTRACT is incorporated her ein by reference.
D. In accordance with paragraph 8 of the CONTRACT, the parties desire to amend the CONTRACT to increase the CONTRACT amount as set forth below.
NOW, THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows:
II. Amendment
1. Section 4. Compensation and Payment, subsection A. is amended to read as follows:
A. In no event shall the total amount paid for this Third Amendment to the Contract exceed $ 3,464 for a total not -to-exceed CONTRACT amount of $ 207,390 unless otherwise agreed to by the parties in writing. Payment will be made based on any unexpected charges for additional time spent on the existing scope of work.
DocuSign Envelope ID: 1C6466BC-5966-4690-998E-159BDF746942 37 2
H 21/6-22 (kj)
2. Mailing Address . The mailing address of each party to this CONTRACT AMENDMENT is as follows:
CITY Department of Environmental Services
City of Simi Valley
2929 Tapo Canyon Road
Simi Valley, CA 93063
Staff Contact: Yvette Moore, Administrative Officer
[email protected]
(805) 583-6778
CONSULTANT Rincon Consultants, Inc.
180 North Ashwood Avenue
Ventura, CA 93003
Attn: Matt Maddox, Principal
[email protected]
(916) 706-1374 x250
3. Except as herein amended, all other terms and conditions of the CONTRACT shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written.
Attest: City of Simi Valley, A Municipal Corporation
By:
Lucy Blanco, City Clerk Stratis Perros
Environmental Services Director
Approved as to Form: Rincon Consultants, Inc.
By:
David L. Caceres, City Attorney
Print Name: Deanna Hansen
Approved as to Content: Title: Principal
By:
Carolyn Johnson
Acting Administrative Services Director Print Name: Matt Maddox
Title: Principal
DocuSign Envelope ID: 1C6466BC-5966-4690-998E-159BDF746942 38