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Staff Report

Simi Valley City Council
August 22, 2022

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Staff Report
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August 22, 2022
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AwardofcontractRincon8-22-22(cp)

CITY OF SIMI VALLEY

MEMORANDUM
A
ugust 22, 2022
TO
: City Council
F
ROM: Department of Environmental Services
S
UBJECT: AWARD OF CONTRACT TO RINCON CONSULTANT S, INC., FOR PLANNING SERVICES, RFP NO. ES 22-03

STAFF RECOMMENDATION
It i
s recommended the City Council award the attached three- year contract (page 4 ) to Rincon Consultants, Inc. (Rincon), for an amount not to exceed $150,000 for professional planning services; and authorize the City Manager or his designee to extend the contract for an additional two-year term.

BACKGROUND AND OVERVIEW
For
an extended number of year s, the City’s Environmental Services Department has contracted for staff support and assistance during times of staff vacancies, heavy workloads, or to perform special projects as requested by the City Council or the City Manager. The most recent contract for these services was with Rincon Consultants, Inc.; which contract expired on June 30, 2022.

The
purpose of the planning services contract is to provide support to the Planning Division on an as-needed basis. The responsibilities may include, but are not limited to : assistance in the areas of Geographic Information Services (GIS) support for Planning databases ; routine and complex mapping assignments ; maintenance of publically visible zoning and land use maps and development summaries; Environmental Planning support for entitlement projects and City initiated projects; maintenance updates to the General Plan, i ncluding Safety Element Update and Housing Element implementation programs; assistance with development code updates; and aid with more complex entitlement applications and wireless telecommunications permit administration.

AGENDA ITEM NO.

Consent (7)
AwardofcontractRincon8-22-22(cp)

FINDINGS AND ALTERNATIVES

On May 24, 2022, staff issued a Request for Proposals (RFP) for contract planning services. The RFP was sent directly to nine potential vendors and posted on the City’s website. On June 23, 2022, proposals were received from three firms: Rincon, TW Land Planning & Development, LLC (TW), and Interwest.

Staff evaluated the proposals using the following criteria:

• Demonstrated knowledge, professional skills, and credentials of the assigned staff (25%);
• The general quality of the proposal submitted (15%);
• Related experience and references (40%); and
• The proposed approach to providing planning services (20%).

Rincon was ranked as the most qualified proposer by demonstrating relevant planning experience, staff with extensive planning knowledge, and a clear understanding of the scope of work . Additionally, Rincon has successfully provided the City with on- call planning consulting services since 2017. Out of the three cost proposals received, Rincon’s cost proposal was calculated as 20% lower than TW and 9% percent higher than Interwest. California Government Code requires contracts for professional services such as those requested by Rincon be awarded based on demonstrated competence and qualifications for the types of services to be performed and at fair and reasonable prices to the public agencies. Staff believes the cost proposal from Rincon is fair and reasonable.

The aggregate 3-year contract amount and the two-year extension will result in a not-to- exceed amount of $250,000 ($50,000 per fiscal year).

There is $100,000 available in the
FY 2022-23 Environmental Service Professional Services Budget for this contract.

The following alternatives are available to the City Council:

1. It is recommended the City Council award the attached three-year contract with Rincon Consultants, Inc. (Rincon), for an amount not to exceed $150,000, for professional planning services; and authorize the City Manager or his designee to extend the contract for an additional two-year term.

2. Provide staff with other direction.

Staff recommends Alternative No. 1.

SUGGESTED CITY COUNCIL MOTION

I move to award the three-year contract to Rincon Consultants, Inc. in an amount not to exceed $150,000 for professional planning services and authorize the City Manager or his designee to extend the contract for an additional two-year term.

2 AwardofcontractRincon8-22-22(cp)

SUMMARY

On June 23, 2022, Rincon submitted a responsive and competitive proposal to provide as-needed professional planning services for t he City, and was found to be the most qualified. The current contract expired on June 30, 2022. The proposed contract is for a term of three years and a not-to-exceed amount of $150,000, with an option to extend for an additional two- year term . The aggregate contract amount including the two- year extension will result in a not -to-exceed amount of $250,000 amounting to approximately $50,000 per fiscal year. Staff recommends that the City Council award the attached three- year contract to Rincon for these services, and authorize the City Manager or his designee to extend the contract for an additional two-year term with the necessary funding.

____________________________________
Stratis Perros
Environmental Services Director

Prepared by: Christie Porter, Management Assistant

INDEX Page

Contract ........................................................................................... 4 3 AwardofcontractRincon8-22-22(cp)

CONTRACT FOR PROFESSIONAL SERVICES BETWEEN

THE CITY OF SIMI VALLEY AND RINCON CONSULTANTS,
INC. FOR PROFESSIONAL PLANNING SERVICES,
SPECIFICATION NO. ES 22-03

THIS CONTRACT is made and entered into in the City of Simi Valley on this 22nd day of August 2022, by and between the CITY OF SIMI VALLEY, a municipal corporation, hereinafter referred to as CITY, and RINCON CONSULTANTS, INC. , a “S” corporation, hereinafter referred to as CONSULTANT.

RECITALS

WHEREAS, on May 24, 2022, CITY requested proposals f or the provision of Planning Services; and

WHEREAS, 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. Recitals. The foregoing recitals are true and correct and are a part of this CONTRACT.

2. Term. The term of this CONTRACT shall be from date entered through June 30, 2025. This CONTRACT may be extended up to one additional two-year term upon mutual consent of the City Manager and CONSULTANT.

It is understood that the CONSULTANT’S work under the Work Orders issued may not be completed within the term of this CONTRACT; however, all terms and conditions of the CONTRACT including all rights and obligations, shall survive until the work is completed, except the CITY’S right to issue, and the CONSULTANT’S right to accept, additional Work Orders and/or Purchase Orders.

3. Description of Services
. The services to be performed by
CONSULTANT are as follows:

Planning Services. 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.

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4. Compensation and Payment.

A. The total compensation payable to CONSULTANT by CITY for services under this CONTRACT shall not exceed the sum of $150,000 (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.

B. After CONSULTANT 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. Payments 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 provided, however, that CONSULTANT’S invoice does not exceed the tot al amount deposited by the developer into CITY trust for that particular project. In the event CITY fails to process and pay an invoice within such 30 day period, it will not be liable for any interest or finance charge arising out of such delinquency. .

D. CONSULTANT 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. CONSULTANT’s Representations and Obligations
.

A. CONSULTANT 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. CONSULTANT shall obey all Federal, State, local, and special district laws, ordinances, and regulations.

C. CONSULTANT agrees to abide by CITY’s Business Tax
Ordinance, of which proof of payment must be obtained prior to performance of this CONTRACT.

D. CONSULTANT 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.

E. CONSULTANT shall keep a record of the total amount
deposited by the developer for each project. Work shall not begin prior to receiving a work order for each application, which will reflect the total amount of said developer deposit.

Additionally, the CONSULTANT shall keep a tally of the cost for the work ordered by 5 AwardofcontractRincon8-22-22(cp)
CITY. The CONSULTANT shall not accept work directives from the CITY if the cost for the work will ex ceed the amount indicated above unless otherwise agreed to by the parties in writing. CONSULTANT shall submit a separate, original invoice for each project application to: [email protected]
.

F. CONSULTANT shall not make any changes to a project team assigned to a project without prior written approval from the CITY.

6. Audit.

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. CITY 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. Hold Harmless and Indemnification. To the fullest extent permitted by law (including, without limitation, California Civil Code Sections 2782 and 2782.8), CONSULTANT shall defend, and provide legal defense with attorney(s) acceptable to CITY, indemnify, and hold harmless the CITY, its agents, officials, officers, representatives, and employees, (collectively “Indemnitees”) from and against all claims, lawsuits, liabilities or damages (including, without limitation, injury to or death of an employee of CONSULTANT or its sub- consultant), expense and liability of every kind, nature and description (including, without limitation incidental and consequential damages, court costs, attorney’s fees, litigation expenses and fees of expert consultants or expert witnesses incurred in connection therewith and costs of litigation) that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT, any sub- consultant, anyone directly or indirectly employed by them, or anyone that they control.

To the extent there is an obligation to indemnify under this Section of this CONTRACT; CONSULTANT shall be responsible for incidental and consequential damages resulting from CONSULTANT’S negligence, recklessness, or willful misconduct. The provisions of this Section survive completion of the services or the termination of this CONTRACT. The provisions of this Section are not limited by the provisions of this CONTRACT relating to insurance. The CONSULTANT shall thoroughly investigate any and all claims subject to the provisions of this Section, and indemnify the CITY and do whatever is necessary to protect any and all Indemnitees.

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 Director of Environmental Services and CONSULTANT.

9. Anti-Discrimination. In the performance of the terms of this CONTRACT, CONSULTANT shall not engage in, nor permit subcontractors to engage 6 AwardofcontractRincon8-22-22(cp)
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 for professional services, which are personal to CITY. Planning Consultants listed on Cost Proposal as set forth in Exhibit “B” attached hereto and incorporated herein are deemed to be specially experienced and are key members of CONSULTANT’S firm, and shall be directly involved in performing, supervising, or assisting in the performance of this work. These key people 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 t his 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 ter minate this CONTRACT immediately by written notice to CONSULTANT. In addition, 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 days after receipt of such written request, deliver and turn over to the CITY all of its 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 it s 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. 7 AwardofcontractRincon8-22-22(cp)
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 cost 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 party(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. Shou ld 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.

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.
8 AwardofcontractRincon8-22-22(cp)

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 with 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 term 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 CONTRACT 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 review, inspect, monitor, or supervise the work performed by CONSULTANT pursuant to this CONTRACT. A s a consequence, CONSULTANT waives any right of contribution against CITY or any of CITY’S officers, employees, agents, or volunteers arising out of such failure 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
Attn: Environmental Services Director
2929 Tapo Canyon Road
Simi Valley, CA 93063
Staff Contact: Claudia Pedroso, Principal Planner
[email protected]
805.583.6875
9 AwardofcontractRincon8-22-22(cp)

CONSULTANT Rincon Consultants, Inc.
180 North Ashwood Avenue
Ventura, CA 93003
Attn: Matt Maddox, Principal
[email protected]
(916) 706-1374 x250

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

10 AwardofcontractRincon8-22-22(cp)

EXHIBIT “A”

SCOPE OF WORK

CONTRACT FOR PROFESSIONAL SERVICES BETWEEN

THE CITY OF SIMI VALLEY AND RINCON CONSULTANTS,
INC. FOR PROFESSIONAL PLANNING SERVICES,
SPECIFICATION NO. ES 22-03

The Scope of Work will include, but may not be limited to, project organization and coordination, report preparation, community engagement, research and data collection, attend public meetings, development of the land use plan, development code reviews and updates, and preparation of California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) documents.

Assignments will include technically complex projects in the City and require completion with an acute awareness of the importance of customer service.

Under the direction of the Deputy Environmental Services Director/City Planner, CONSULTANT will:

A. Consultation Services: The consultant shall provide assistance with the preparation of text amendments to City codes and ordinances, staff support for special assignments, and other current and long range planning assignments as determined by City staff.

Working under the direction of City staff, consultant Planners will perform the following tasks as an extension to City staff:

1. Provide support with staff report preparation for certain special projects;

2. Conduct research for permits submittals, planning projects, and other special assignments;

3. Assist with various amendments to the Development Code and General Plan, including related projects needed to implement the General Plan and/or Housing Element;

4. Distribute project plans and applications submittal information for Development Advisory Committee (DAC) meetings and facilitate the completion of staff review comments;

5. Correspond with project applicants, staff, and others necessary to resolve outstanding issues;

6. Review all technical documents and each project’s development plans for consistency with the City’s General Plan, Development Code, and code regulations and standards;
11 AwardofcontractRincon8-22-22(cp)

7. Assist with preparation of public hearing notices and prepare staff reports, resolutions, and conditions of approval;

8. Help with the preparation of CEQA/NEPA documents; and,

9. Complete any other current or long-range planning tasks as directed by the City.

B. Attendance of Meetings: As requested by the City, the consultant will attend in-person meetings and public hearings subject to the consultant’s availability. Meeting attendance includes travel time from the consultant’s office to and from the City, and shall be billed at the hourly rate in the Schedule of Fees (Exhibit “B” of Contract).

Remote attendance may be available at the discretion of the City.

C. Billing: Submit a separate, original invoice to [email protected] for each project, which includes all of the following information:

1. Project Case Number;

2. Case Planner Name;

3. Dates, Number of Hours Worked, and Description of Work Performed on the project by Staff Member, provide Name and Title; and,

4. Hourly Billing Rate of each Staff Member working on the project.

12 AwardofcontractRincon8-22-22(cp)
EXHIBIT “B”

SCHEDULE OF FEES

CONTRACT FOR PROFESSIONAL SERVICES BETWEEN

THE CITY OF SIMI VALLEY AND RINCON CONSULTANTS,
INC. FOR PROFESSIONAL PLANNING SERVICES,
SPECIFICATION NO. ES 22-03

[Remainder of this page intentionally left blank]
13 AwardofcontractRincon8-22-22(cp)
1 Rincon Fee Schedule
Standard Fee Schedule for Environmental Sciences and Planning Services Professional, Technical and Support Personnel* Hourly Rate Principal II $240
Director II $240
Principal I – Chris Duran $220
Director I – Brenna Weatherby, Greg Ainsworth,
Julie Welch
$220
Senior Supervisor II – Lilly Rudolph $205
Supervisor I $195
Senior Professional II – Jerry Hittleman,
Michael Rocque, Bill Vosti
$175
Senior Professional I – Greg Martin $160
Professional IV – Vernon Umetsu $145
Professional III – Susan Hernandez $130
Professional II $115
Professional I – Andres Sanchez $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
Publishing 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.

Reimbursable Expenses
Direct Cost Rates
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
Digital Production $15/disc and $20/flash drive
Light-Duty and Passenger
Vehicles*
$85/day
4WD and Off-Road Vehicles* $135/day
* $0.65/mile for mileage over 50.

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.

14 AwardofcontractRincon8-22-22(cp)
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 and Marine Resources Equipment
Refractometer (salinity) or Turbidity Meter $35
Multi Parameter Sonde (temperature, conductivity, 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 and 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 with stainless carabiners, Pelican floats, underwater slates, thermometer, refractometer, anemometer, various field guides)
$50
Insurance, Hazard and Safety Fees
L&H Dive Insurance $50/diver
Hazard Premium (In or Underwater ONLY per/hour) $1.25/hour Level C Health and Safety $60/person
15 AwardofcontractRincon8-22-22(cp)
2 Iteris Fee Schedule
Iteris 2023 – 2025 Hourly Rates

CATEGORY RATES
Vice President $365
Associate Vice President $335
Principal Transportation Planner/Engineer –
Deepak Kaushik
$300
Senior Manager – Jennifer Emerson-Martin $280
Senior Transportation Engineer/Planner – Sean
Daly
$260
Transportation Engineer/Planner $220
Associate Engineer $190
Assistant Engineer $150
Accounting/Financials $165
Graphic Support $135
Administrative Support $135

16 AwardofcontractRincon8-22-22(cp)
EXHIBIT “C”

INSURANCE REQUIREMENTS

CONTRACT FOR PROFESSIONAL SERVICES BETWEEN

THE CITY OF SIMI VALLEY AND RINCON CONSULTANTS,
INC. FOR PROFESSIONAL PLANNING SERVICES,
SPECIFICATION NO. ES 22-03

Insurance – Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. Owner/Operator shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the ownership, maintenance or use of the Unmanned Aerial System.

Minimum Scope and Limit 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 & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non- owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation insurance as required by th e State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 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.

4. Professional Liability (Errors and Omissions) Insurance appropriate to the Consultant’s profession, with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

5. Cyber Liability Insurance, with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, 17 AwardofcontractRincon8-22-22(cp)
invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.

6. Aviation Liability Insurance: On an “occurrence” basis, including products and completed operations, property damage, bodily injury with limits no less than $1,000,000 per occurrence, and $2,000,000 in the aggregate. This coverage may also be provided by endorsement to a Commercial General Liability policy.

If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Other Insurance Provisi ons - The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
The City, its Boards, Officers, Agents, 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 the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

Primary Coverage
For any claims related to this project/contract, the Consultant’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its Boards, Officers, Agents, Officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its Boards, Officers, Agents, Officials, employees, and volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.

Notice of Cancellation
Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City.

Waiver of Subrogation
Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 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 18 AwardofcontractRincon8-22-22(cp)
has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in fav or of the City for all work performed by the Consultant, its employees, agents and subcontractors.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to provide 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.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:

The Retroactive Date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.

Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

If coverage is canceled or non- renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective, or start of work date, the Consultant must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.

A copy of the claims reporting requirements must be submitted to the City for review.

Verification of Coverage
Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that the City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.

19 AwardofcontractRincon8-22-22(cp)
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

For questions regarding insurance requirements , please contact Trevor Earle, Risk Manager, at (805) 583-6739.

Verification. I have read and understand the above insurance requirements.

Authorized Signature Date

Print Name

20

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