CONSULTANT SERVICES AGREEMENT BETWEEN CITY OF SUNNYVALE AND ASCENT ENVIRONMENTAL INC. FOR PROFESSIONAL SERVICES ASSISTANCE FOR THE PREPARATION OF THE CITY OF SUNNYVALE’S HOUSING
ELEMENT FOR 2023-2031 (6TH RHNA CYCLE)
THIS AGREEMENT, dated ______________________________, is by and betwe en the CITY OF SUNNYVALE, a municipal corporation ("CITY"), and Ascent Environmental Inc. ("CONSULTANT").
WHEREAS, CITY desires to secure professional services necessary for assistance for the preparation of the City of Sunnyvale’s Housing Element for 2023-2031 (6th RHNA Cycle); and WHEREAS, CONSULTAN T represent s t hat it , and it s sub-consultant s, i f any, possess the professional qualifications and expertise to provide the required services; and NOW, THEREFORE, THE PARTIES ENTER INTO THIS AGREEMENT.
1. Contract Documents
The complete Contract consists of the following documents: Exhibit A, Scope of Services, Request for Proposal No. F 21-112, consisting of a Notice Inviting Proposals, Instructions to Proposers, Specifications, Terms and Conditions and CONSULTANT’s completed Proposal. These documents are all incorporated by reference. The docume nts comprising the complete contract are collectively referred to as the Contract Documents.
Any and all obligations of the CITY and the CONSULTANT are fully set forth and described therein.
All of the above documents are intended to cooperate so that any work called for in one and not mentioned in the other or vice versa is to be executed the same as if mentioned in all documents.
2. Services by CONSULTANT
It is understood and agreed that tools, equipment, apparatus, facilities, labor, transportation, and material shall be furnished, and work performed and completed as required in the bid documents under the sole direction and control of the CONSULTANT, and subject to approval of the City.
3. Project Schedule
The Project Schedule is set forth in the attached Exhibit “A-1.”
4. Payment of Fees and Expenses
Payments shall be made to CONSULTANT on a monthly basis as set forth in the attached Exhibit “B” entitled “Compensation Schedule.” All compensation will be based on monthly billings as provided in Exhibit "B." Compensation will not be due until said detailed billing is submitted to CITY within a reasonable time before payment is expected to allow for normal CITY processing. An estimate of the percent of total completion associated with the various categories of the services shall be furnished by CONSULTANT with said billing. When applicable, copies of pertinent financial records will be included with the sub mission of billing(s) for all direct reimbursables. Compensation shall not exceed the amounts set forth in Exhibit “B” for each phase. The amount of compensation payable under this agreement shall not exceed the sum of One hundred seventy -four thousand ni ne hundred , ten and No/100 dollars ($174,910) for the duration of this DocuSign Envelope ID: B4A6C187-E0F9-475A-BA5A-CA17A70FD0E1 08/13/2021
Attachment 1
contract plus optional translations services in an amount not to exceed Fifteen thousand, ninety and No/Dollars (15,090.00). Therefore, in no event shall the total amoun t of compensation payable under this agreement exceed the sum of One hundred and ninety thousand dollars ($190,000.00) unless upon written modification of this Agreement. All invoices, including detailed backup, shall be sent to City of Sunnyvale, attention Accounts Payable, P.O. Box 3707, Sunnyvale, CA 94088-3707.
CONSULTANT will be reimbursed as promptly as fiscal procedures will permit upon receipt by the CITY of itemized invoices in triplicate. Invoices shall be submitted no later than 45 calendar days after the performance of work for which CONSULTANT is billing. Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated in the Compensation Schedule and shall reference the project title. The final invoice must contain the final cost and all credits due CITY. The final invoice should be submitted within 60 calendar days after completion of CONSULTANT’s work.
5. No Assignment of Agreement
CONSULTANT bind themselves, their partners, successors, assigns, executors, and administrators to all covenants of this Agreement. Except as otherwise set forth in this Agreement, no interest in this Agreement or any of the work provided for under this Agreement shall be assigned or transferred, either voluntarily or by operation of law, without the prior written approval of CITY. However, clai ms for money due to or to become due to CONSULTANT from CITY under this Agreement may be assigned to a bank, trust company or other financial institutions, or to a trustee in bankruptcy, provided that written notice of any such assignment or transfer shall be first furnished to CITY. In case of the death of one or more members of CONSULTANT's firm, the surviving member or members shall complete the services covered by this Agreement. Any such assignment shall not relieve CONSULTANT from any liability unde r the terms of this Agreement.
6. Consultant is an Independent Contractor
CONSULTANT is not an agent or employee of CITY but is an independent contractor with full rights to manage its employees subject to the requirements of the law. All persons employed by CONSULTANT in connection with this Agreement will be employees of CONSULTANT and not employees of CITY in any respect. CONSULTANT is responsible for obtaining statutory Workers' Compensation coverage for its employees.
7. Compliance with Laws
(a) CONTRACTOR shall not discriminate against, or engage in the harassment of, any City employee or volunteer or any employee of CONTRACTOR or applicant for employment because of an individual’s race, religion, color, sex, gender identity, sexual or ientation (including heterosexuality, homosexuality and bisexuality), ethnic or national origin, ancestry, citizenship status, uniformed service member status, marital status, family relationship, pregnancy, age, cancer or HIV/AIDS -related medical condition, genetic characteristics, and physical or mental disability (whether perceived or actual). This prohibition shall apply to all of CONTRACTOR’s employment practices and to all of CONTRACTOR’s activities as a provider of services to the City.
(b) CONTRACTOR shall comply with all federal, state and city laws, statutes, ordinances, rules and regulations and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of the Agreement.
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8. Standard of Workmanship
CONSULTANT represents and maintains that it is skilled in the professional calling necessary to perform the services and its duties and obligations, expressed and implied, contained herein, and CITY expressly relies upon CONSULTANT's representat ions regarding its skills and knowledge. CONSULTANT shall perform such services and duties in conformance to and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California.
The plans, designs, specifications, estimates, calculations reports and other documents furnished under the Scope of Work (Exhibit "A”) shall be of a quality acceptable to CITY. The criteria for acceptance of the work provided under this Agreement shall b e a product of neat appearance, well -organized, technically and grammatically correct, checked and having the maker and checker identified. The minimum standard of appearance, organization and content of the drawings shall be that used by CITY for similar projects.
9. Responsibility of CONSULTANT
CONSULTANT shall be responsible for the professional quality, technical accuracy and the coordination of the services furnished by it under this Agreement. Neither CITY’s review, acceptance nor payment for any of the services required under this Agreement shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement and CONSULTANT shall be and remain liable to CITY in a ccordance with applicable law for all damages to CITY caused by CONSULTANT’s negligent performance of any of the services furnished under this Agreement.
Any acceptance by CITY of plans, specifications, calculations, construction contract documents, reports, diagrams, maps and other material prepared by CONSULTANT shall not, in any respect, absolve CONSULTANT for the responsibility CONSULTANT has in accordance with customary standards and compliance with applicable Federal, State, County and/or municipal laws, ordinances, regulations, rules and orders.
10. Right of CITY to Inspect Records of CONSULTANT
CITY, through its authorized employees, representatives, or agents, shall have the right, at any and all reasonable times, to audit the books and records including, but not limited to, invoices, vouchers, canceled checks, timecards of CONSULTANT for the purpose of verifying any and all charges made by CONSULTANT in connection with this Agreement. CONSULTANT shall maintain for a minimum period of three (3) y ears from the date of final payment to CONSULTANT or for any longer period required by law, sufficient books and records in accordance with generally accepted accounting practices to establish the correctness of all charges submitted to CITY by CONSULTANT. Any expenses not so recorded shall be disallowed by CITY.
11. Confidentiality of Material
All ideas, memoranda, specifications, plans, calculations, manufacturing procedures, data, drawings, descriptions, documents, discussions or other information developed or received by or for CONSULTANT and all other written information submitted to CONSULTANT in connection with the performance of this Agreement shall be held confidential by CONSULTANT and shall not, without the prior written consent of CITY be use d for any purposes other than the performance of the Project services, nor be disclosed to an entity not connected with the performance of the Project services. Nothing furnished to CONSULTANT which is DocuSign Envelope ID: B4A6C187-E0F9-475A-BA5A-CA17A70FD0E1 Attachment 1
otherwise known to CONSULTANT or is or becomes generally known to the related industry shall be deemed confidential. CONSULTANT shall not use CITY's name, insignia or distribute exploitative publicity pertaining to the services rendered under this Agreement in any magazine, trade paper, newspaper or other me dium without the express written consent of CITY.
12. No Pledging of CITY’s Credit
Under no circumstances shall CONSULTANT have the authority or power to pledge the credit of CITY or incur any obligation in the name of CITY.
13. Ownership of Material
All material, including information developed on computer(s), which shall include, but not be limited to, data, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports and other material developed, collected, prepared or caused to be prepared, under this Agreement shall be the property of CITY, but CONSULTANT may retain and use copies thereof.
CITY shall not be limited, in any way, in its use of said material, at any time, for work associated with Project. However, CONSULTANT shall not be responsible for damages resulting from the use of said material for work other than Project, including, but not limited to the release of this material to third parties for work other than on Project.
14. Hold Harmless/Indemnification
To the extent permitted by law (including, without limitation, California Civil Code section 2782.8), CONSULTANT agrees to indemnify, defend and hold harmless CITY, its officers and employees from any and all claims, demands, actions, causes of action, losses, damages, liabilities, known or unknown, and all costs and expenses, including reasonable attorneys’ fees in connection with any injury or damage to persons or property to the extent arising out of any negligence, recklessness or willful misconduct of CONSULTANT, its officers, employees, agents, contractor, subcontractors or any officer, agent or employee thereof in relation to CONSULTANT’s performance under this Agreement. In no event shall the cost to defend charged to the CONSULTANT’s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the CONSULTANT shall meet and confer with other parties regarding unpaid defense costs.
Such defense and indemnification shall not apply in any instance of and to the extent caused by the sole negligence, recklessness or willful misconduct of CITY, its officers, employees, agents or representatives.
15. Insurance Requirements
CONSULTANT shall take out and maintain during the life of this Agreement policies of insurance as specified in Exhibit "C" attached and incorporated by reference, an d shall provide all certificates and/or endorsements as specified in Exhibit "C."
16. No Third-Party Beneficiary
This Agreement shall not be construed or deemed to be an agreement for the benefit of any third party or parties and no third party or partie s shall have any claim or right of action hereunder for any cause whatsoever.
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17. Notices
All notices required by this Agreement, other than invoices for payment which shall be sent directly to Accounts Payable, shall be in writing, and sent by first class with postage prepaid, or sent by commercial courier, to address below.
Nothing in this provision shall be construed to prohibit communication by more expedient means, such as by email or fax, to accomplish timely communication. Each party may change the address by written notice in accordance with this paragraph. Notices delivered personally shall be deemed communicated as of actual receipt; mailed notices shall be deemed communicated as of three business days after mailing.
To CITY: Trudi Ryan, Director
Department of Community Development
CITY OF SUNNYVALE
P. O. Box 3707
Sunnyvale, CA 94088-3707
To CONSULTANT: Ascent Environmental Inc.
Attn: Pat Angell
455 Capital Mall, Suite 300
Sacramento, CA 95814
18. Waiver
CONSULTANT agrees that waiver by CITY of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement.
19. Amendments
No alterations or changes to the terms of this Agreement shall be valid unless made in writing and signed by both parties.
20. Integrated Agreement
This Agreement embodies the agreement between CITY and CONSULTANT and its terms and conditions. No verbal agreements or conversation with any officer, agent or employee of CITY prior to execution of this Agreement shall affect or modify any of the terms or obligations contained in any documents comprising this Agreement. Any such verbal agreement shall be considered as unofficial information and in no way binding upon CITY.
21. Conflict of Interest
CONSULTANT shall avoid all conflicts of interest, or appearance of conflict, in performing the services and agrees to immediately notify CITY of any facts that may give rise to a conflict of interest. CONSULTANT is aware of the prohibition that no officer of CITY shall have any interest, direct or indirect, in this Agreement or in the proceeds thereof. During the term of this Agreement CONSULTANT shall not accept employment or an obligation which is inconsistent or incompatible with CONSULTANT’S obligations under this Agreement.
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22. Governing Law, Jurisdiction and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law principles. Proper venue for legal actions will be exclusively vested in a state court in the Co unty of Santa Clara. The parties agree that subject matter and personal jurisdiction are proper in state court in the County of Santa Clara and waive all venue objections.
23. Records, Reports and Documentation
CONSULTANT shall maintain complete and accu rate records of its operation, including any and all additional records required by CITY in writing. CONSULTANT shall submit to CITY any and all reports concerning its performance under this Agreement that may be requested by CITY in writing. CONSULTANT agrees to assist CITY in meeting CITY's reporting requirements to the state and other agencies with respect to CONSULTANT's work hereunder. All records, reports and documentation relating to the work performed under this Agreement shall be made available to City during the term of this Agreement.
24. Termination of Agreement
A. If CONSULTANT defaults in the performance of this Agreement, or materially breaches any of its provisions, CITY at its option may terminate this Agreement by giving written notice to CONSULTANT. In the event of such termination, CONSULTANT shall be compensated in proportion to the percentage of satisfactory services performed or materials furnished (in relation to the total which would have been performed or furnished) throu gh the date of receipt of notification from CITY to terminate. CONSULTANT shall present CITY with any work product completed at that point in time.
B. Without limitation to such rights or remedies as CITY shall otherwise have by law, CITY also shall have the right to terminate this Agreement for any reason upon ten (10) days' written notice to CONSULTANT. In the event of such termination, CONSULTANT shall be compensated in proportion to the percentage of services performed or materials furnished (in relation to the total which would have been performed or furnished) through the date of receipt of notification from CITY to terminate. CONSULTANT shall present CITY with any work product completed at that point in time.
C. If CITY fails to pay CONSULTANT, CONSULTANT at its option may terminate this Agreement if the failure is not remedied by CITY within (30) days after written notification of failure to pay.
25. Subcontracting
None of the services covered by this Agreement shall be subcontracted without the prior written consent of CITY. Such consent may be issued with notice to proceed if subcontract consultants are listed in the project work plan.
26. Fair Employment
CONSULTANT shall not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, condition of physical handicap, religion, ethnic background or marital status, in violation of state or federal law.
27. Changes
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CITY or CONSULTANT may, from time to time, request changes in the terms and conditions of this Agreement. Such changes, which are mutually agreed upon by CITY and CONSULTANT, shall be incorporated in amendments to this Agreement.
28. Other Agreements
This Agreement shall not prevent either Party from entering into similar agreements with others.
29. Severability Clause.
In case any one or more of the provisions contained herein shall, for any reason, be held invalid, illegal or unenforceable in any respect, it shall not affect the validity of the other provisions which shall remain in full force and effect.
30. Captions
The captions of the various sections, paragraphs and subparagraphs, of the contract are for convenience only and shall not be considered nor referred to for resolving questions of interpretation.
31. Entire Agreement; Amendment
This writing constitutes the entire agreement between the parties relating to the services to be performed or materials to be furnished hereunder. No modification of this Agreement shall be effective unless and until such modification is evidenced by writing signed by all parties.
32. Miscellaneous
Time shall be of the essence in this Agreement. Failure on the part of either party to enforce any provision of this Agreement shall not be construed as a waiver of the right to compel enforcement of such provision or any other provision.
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IN WITNESS WHEREOF, the parties have executed this Agreement.
ATTEST: CITY OF SUNNYVALE ("CITY")
By_____________________________ By
City Clerk City Manager
Ascent Environmental, Inc
("CONSULTANT")
APPROVED AS TO FORM: By
Name/Title
___________________________ By
City Attorney
Name/Title
DocuSign Envelope ID: B4A6C187-E0F9-475A-BA5A-CA17A70FD0E1 Principal
Pat Angell
Attachment 1
SCOPE OF WORK
TASK 1: PROJECT ADMINISTRATION
Subtask 1.1: Project Kickoff Meeting
Ascent will prepare for and attend a virtual kickoff
meeting with City staff (i.e., the internal Housing
Element working group) to initiate work on the
project. The meeting will include discussion of:
the City’s project goals and objectives.
scope of work and schedule.
roles and responsibilities and communication
protocols.
Housing Element legal requirements, focusing on
new state law requirements.
progress and priorities of the 2020 Housing
Strategy.
progress of specific/area plans, pipeline residential developments, and other potential housing
strategies.
stakeholder engagement and the approach to
community outreach.
data needs list for the sixth cycle Housing Element
update.
Ascent will summarize the input and action items from
the meeting. Following the project kickoff meeting, we
will work with City staff to finalize the project schedule to meet all City objectives for the project and ensure
adoption before the State-mandated deadline. We will
also refine the Outreach Plan, as described in Task 2.1.
Subtask 1.2: Project Coordination
Ascent’s project manager will schedule and conduct
progress meetings with City staff over the course of the project to review project status and ensure that
objectives and milestones are being achieved. Ascent
will prepare an agenda and summary of action items for
each meeting. Our scope of work and budget assume
one standing progress meeting each month plus one
additional meeting every other month to address
specific needs or issues that arise, including additional stakeholder coordination. Our scope assumes most of
the meetings are video conference calls using Zoom,
Microsoft Teams, or another preferred platform,
exception for two coordination meetings occurring in
person over the course of the project. This subtask also includes time for Ascent’s project manager and finance
staff to process the contract and prepare monthly
invoices and progress reports.
DELIVERABLES
✔ Kickoff meeting agenda, data needs list, and meeting
summary with action items
✔ Initial project schedule and finalized project schedule ✔ Project coordination meeting agendas and summaries
✔ Monthly invoices and progress reports
PROPOSED ROLE OF CITY STAFF
✔ Schedule and organize logistics for the kickoff meeting ✔ Respond to data requests
TASK 2: COMMUNITY ENGAGEMENT
Subtask 2.1: Community Outreach Plan
Ascent will prepare a community outreach plan that
provides opportunities for meaningful engagement for
a broad array of community interests and meets state
requirements to make a diligent effort to engage lower- income residents. Within the first 60 days of initiating the project, we will prepare a memorandum
summarizing the proposed outreach program for City
review, comment, and approval.
Subtask 2.2: Community and Stakeholder
Engagement
Although the details of the community outreach
program will be determined through Subtask 2.1, the
following initial proposal for community engagement
activities will provide for meaningful engagement by
community members. Ascent will prepare branded
outreach materials to advertise engagement events and
activities.
Project Website. Ascent will assist City staff in
preparing a project website or webpage to support
communications about the planning process. We
Exhibit A Detailed Scope of Services
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recommend that the City leverage the existing City
website to the extent possible. The website will serve
as a repository for information and should be kept
up to date with meeting dates, project schedule
information, and contact details for the project team.
Ascent will provide initial content for the site,
including a project overview, FAQ page, project
schedule, and information on community
engagement opportunities. A feature allowing
members of the public to sign up for the project
mailing list is recommended. Website information
should be made accessible to those who are visually
impaired.
Community Workshops. Ascent will prepare for
and facilitate three community workshops. The first
two workshops will occur early in the process to
educate the community on the purpose of the
Housing Element and collect input on community
needs and key housing issues facing residents. The
second workshop will happen later in the process to
collect feedback on the draft Housing Element,
focused on the sites inventory and implementation
programs. The meetings can be designed to be in
person or virtual. Ascent will assist staff in advertising the meetings by providing website content as well
as content for social media, email, newspaper, and
partner agency advertising.
Online Community Survey. Ascent will prepare
and help distribute a web-based survey to gather
information from the community on housing needs
and housing policy priorities. We will compile,
analyze, and summarize the survey results.
Stakeholder/Focus Group Meetings. Ascent will
prepare for and attend up to three focus group
meetings focused on specific topics of interest, such
as affordable housing, missing middle housing, land
use and zoning strategies, fair housing, or housing
for people experiencing homelessness. Ascent will
work with the City to identify topic areas and
develop a list of stakeholders to invite to the focus
group meetings. It may be possible, and more cost-
effective, to coordinate stakeholder outreach at a
regional level through the Santa Clara County
Planning Collaborative.
Housing Element Working Group Meetings.
Ascent will engage with the City’s internal Housing
Element Working Group at key points of the
planning process as part of the monthly project
coordination calls identified in Task 1.3, to provide
updates, coordinate on related efforts, such as
Specific/Area Plan updates, and solicit staff input.
Online Community Survey. Ascent will prepare
and help distribute a web-based survey to gather
information from the community on housing needs
and housing policy priorities. We will compile,
analyze, and summarize the survey results.
Subtask 2.3: Commission and City Council
Study Sessions
Ascent will prepare for and attend up to four study
sessions— one joint meeting of the Housing and
Human Services Commission (HHSC) and the Planning
Commission and one meeting with the City Council— to
receive input and direction prior to early analysis tasks; and another set of meetings of the joint HHSC and
Planning Commission and City Council to present and
gather feedback on the public review draft Housing
Element before submitting the Housing Element to
HCD. We will prepare a PowerPoint presentation and
assist City staff with preparation of staff reports for the meetings.
Note: Task 6 includes two additional public hearings on the final Housing Element.
Subtask 2.4: Translation and
Interpretation
Sunnyvale has a diverse, multilingual population.
According to the 2018 American Community Survey,
there are over 1,200 Spanish-speaking households and
nearly 2,700 Chinese-speaking households (Mandarin
and Cantonese) that have limited English language
proficiency. State law requires the City to make a
“diligent effort” to reach all segments of the
community. This includes offering translation and
interpretation at public meetings, as appropriate.
Ascent will coordinate with a translator to translate the online survey and community meeting materials in
Spanish and Chinese and coordinate with an interpreter
to provide live interpretation at community workshops.
With help from City staff, Ascent will also contact
community liaisons within the Spanish and Chinese
speaking communities that can help encourage active
participation.
DELIVERABLES
✔ Community Outreach Plan
✔ Materials for posting on the City’s project website
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✔ Social media and other advertising content
✔ Presentations for HHSC, Planning Commission, and
City Council meetings
PROPOSED ROLE OF CITY STAFF
✔ Review and provide input on the Outreach Plan
✔ Create project webpage that includes community
registration/participation
✔ Assist with distribution of publicity materials through social media, email, newspaper ads, and other
methods
✔ Assist with securing venues and handling logistics for community workshops
✔ Provide a list of stakeholders with contact information (to invite to workshops and/or interviews)
✔ Coordinate stakeholder meetings
✔
Prepare staff reports (with assistance from and peer
review by Ascent) for meetings with the various
commissions and City Council
✔ Take the lead on presentations to the Commissions
and City Council
TASK 3: HOUSING ELEMENT
PREPARATION
Subtask 3.1: Evaluation of Current
Housing Element
Ascent will review all annual progress reports (APRs)
from the prior planning period and work closely with
City staff to determine the status, effectiveness, and
appropriateness of the programs in the current fifth
cycle Housing Element. We will document the
effectiveness of each program, providing quantitative
results where available.
Subtask 3.2: Housing Needs Assessment
Ascent will prepare a housing needs assessment
pursuant to Government Code Section 65583, relying
heavily on the Local Housing Needs Data Packet and
narrative templates provided by the Association of Bay
Area Governments (ABAG). The updated housing needs
assessment will include information on the following
topics:
Population and employment demographics and
trends.
Household characteristics.
Housing stock characteristics.
Housing costs and affordability.
Special housing needs.
At-risk housing.
Opportunities for energy conservation.
Ascent will review and incorporate the data and
narrative provided by ABAG into the needs assessment.
Ascent will conduct additional research and analysis to fill in gaps on certain topics, including local data on persons experiencing homelessness, number of units in
need of rehabilitation and replacement, and affordable
units at risk of converting to market rate.
Subtask 3.3: Fair Housing Assessment
Ascent will address the new requirement to
affirmatively further fair housing (AFFH) in the Housing Element in compliance with AB 686. Ascent will prepare
an assessment of fair housing issues, which will include an analysis of fair housing enforcement and outreach,
integration and segregation, racially and ethnically
concentrated areas of poverty, access to opportunity,
displacement risk, and disproportionate housing need.
Ascent will examine the spatial relationship between the sites inventory and areas of opportunity (e.g., Tax Credit Allocation Committee/HCD Opportunity Maps), areas
with concentrated low-income or minority populations,
and areas with disproportionate housing need. Based
on the fair housing assessment and analysis of sites,
Ascent will identify contributing factors to fair housing issues and propose policies and actions to address
these factors.
Subtask 3.4: Sites Inventory and Analysis
of Resources
Ascent will review and update the inventory of available housing sites using the standardized Excel spreadsheet
required by HCD. Based on information provided by
City staff, Ascent will identify capacity in approved
residential projects in the pipeline that are expected to be constructed during the sixth cycle Housing Element
planning period. Ascent will identify any newly available sites that were not included in the previous Housing
Element, including any new sites made available within
newly approved or ongoing Specific/Area Plans. In
consultation with City staff, Ascent will review buildout assumptions of plans and housing development in the
planning pipeline. Ascent will calculate the capacity and map all available sites. Ascent will also review building permit data for accessory dwelling units (ADUs) and
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prepare a projection of ADUs anticipated to be built
during the planning period.
Ascent will review each site for adequacy and
compliance with new requirements of AB 1397,
including site size and status. For non-vacant sites,
Ascent describe existing uses and work with City staff to gather information on property owner intent, lease
terms, or other evidence demonstrating the likelihood
of redevelopment within the RHNA projection period.
Also, in compliance with AB 1397, Ascent will identify
lower-income sites that have been relied upon in prior
housing elements and include a policy or program to
permit housing by-right on these sites.
Ascent will conduct an analysis of the capacity on
available sites and the ADU projection in comparison to the City’s RHNA to determine whether the City has
adequate capacity to meet the RHNA. Based on City
staff direction in the RFP and our initial review of the City’s sites inventory and Specific/Area Plans, we do not anticipate the need to rezone sites to meet the RHNA.
As part of this task, Ascent will also update the
discussion of funding resources available for affordable housing programs, including local programs, as well as
state and federal funding programs. Ascent will also
prepare an assessment of the adequacy of water and
wastewater infrastructure to meet housing needs based
on infrastructure capacity information provided by City staff.
Subtask 3.5: Housing Constraints Analysis
Ascent will update the housing constraints analysis to
include recent changes (e.g., new ordinances and fees)
and to comply with new requirements related to
governmental constraints, including AB 879, which
requires analysis of any local ordinances that affect the cost and supply of housing; AB 2162 and AB 101, which
require zoning for supportive housing and low-barrier
navigation centers; compliance with new accessory
dwelling unit and density bonus provisions; and permit
processing procedures related to SB 330 and SB 35.
Ascent will also provide information to comply with
new requirements related to nongovernmental
constraints, including a description of the length of time between project approval and request for a building
permit and requests for reduced density. After
completing the analysis, we will identify potential
programs to remove or mitigate any identified
constraints.
Subtask 3.6: Opportunities for Energy
Conservation
Ascent will review and update the discussion of
opportunities for energy conservation to reflect new
City and regional programs and initiatives as well as
changes to State building code related to energy
efficiency.
Subtask 3.7: Housing Goals, Policies, and
Implementation Program
Ascent will prepare an updated Housing Plan based on
the evaluation of the existing Housing Element
(Subtask 3.1), new requirements of state law, analysis of housing needs and constraints, community input from
the community outreach program, discussions with City
staff, and best practices. We will review the policy
recommendations of the 2020 Housing Strategy and
integrate or refine policies and program strategies, to be included in the broader comprehensive Housing
Element update. Goals, policies, and the
implementation program will address housing needs
for all income levels and residents with special needs, including persons experiencing homelessness. Ascent
will identify meaningful actions to affirmatively further fair housing based on the fair housing assessment. Each implementation program will include a specific time
frame, quantified objective, and responsible
department.
Subtask 3.8: Administrative Draft Housing
Element
Ascent will compile the components described above
for Subtasks 3.1 through 3.6 into a formatted
administrative draft Housing Element, which will be
submitted to City staff for review. The administrative
draft will also include an updated executive summary,
introduction, description of public outreach efforts,
review of consistency with other General Plan elements, and appendices. This scope of work assumes that City
staff will provide one set of consolidated comments on
the administrative draft.
Subtask 3.9: Public Review Draft Housing
Element
Ascent will review and revise the Housing Element to
address City staff comments and will prepare a public
review draft Housing Element for review by the Housing
DocuSign Envelope ID: B4A6C187-E0F9-475A-BA5A-CA17A70FD0E1 Attachment 1
and Human Services Commission, the Planning
Commission, the City Council, and the general public.
DELIVERABLES
✔ Administrative draft Housing Element (electronic
copies [Microsoft Word and PDF])
✔
Public review draft Housing Element (electronic copies
[Microsoft Word and PDF])
PROPOSED ROLE OF CITY STAFF
✔
Respond to data requests and provide information
about ongoing City initiatives and policy discussions
that need to be reflected in the Housing Element
✔ Participate in phone calls and meetings to discuss
approaches and respond to questions
✔
Coordinate review of the administrative draft Housing
Element by City departments and provide one set of
consolidated comments
TASK 4: HCD REVIEW OF HOUSING
ELEMENT
Subtask 4.1: HCD Submittal and Revisions
Following the community workshop and review by the
Housing and Human Services Commission, the
Planning Commission, and the City Council, Ascent will
revise the public review draft Housing Element, prepare a cover letter, and deliver the draft Housing Element to HCD. Ascent will serve as the City’s liaison during the 60-day HCD review period. Halfway through the review
period, we will facilitate meetings and phone calls with HCD and City staff to discuss the draft Housing Element and receive preliminary HCD comments. Ascent will
prepare all revisions to address HCD comments and will
work closely with HCD staff to seek a timely conditional approval letter before the Planning Commission and
City Council adoption hearings.
DELIVERABLES
✔ HCD review draft Housing Element (electronic copies
[Microsoft Word and PDF])
✔ Cover letter to HCD (electronic copies [Microsoft Word and PDF])
✔
Memorandum with revisions to address HCD
comments (electronic copies [Microsoft Word and
PDF])
PROPOSED ROLE OF CITY STAFF
✔ Direct Ascent in revisions based on City Council
direction
✔ Participate in phone calls and meeting with HCD
✔ Provide direction on revisions to address HCD
comments
TASK 5: ENVIRONMENTAL
COMPLIANCE
Subtask 5.1: Administrative Draft Initial
Study/Mitigated Negative Declaration
Upon review of comments on the administrative draft
Housing Element, Ascent will prepare an administrative
draft Initial Study/Mitigated Negative Declaration
(IS/MND) or Negative Declaration to address the
potential physical environmental impacts associated
with implementation of the Housing Element update in
compliance with CEQA. The IS/MND will follow a
checklist format addressing all environmental issue
areas identified in Appendix G of the State CEQA
Guidelines, as updated on December 28, 2018. For each
environmental topic, a brief environmental setting will be provided, followed by the impact analysis with
supporting narrative discussion for each environmental
topic. The analysis will incorporate by reference the
impact conclusions of the Land Use and Transportation
Element (LUTE) Update EIR, the Downtown Specific Plan
Amendment EIR, the Lawrence Station Area Plan
Update/Intuitive Surgical Corporate Campus
Subsequent EIR (anticipated to be certified later this
year), and the El Camino Real Corridor Specific Plan EIR (anticipated to be certified prior to the Housing Element update).
With respect to AB 52 requirements, it is assumed that
the City will handle all SB 18– and AB 52–related
consultation and provide a summary of the AB 52
consultation to Ascent for incorporation into the
IS/MND. Mitigation measures will be included in the
IS/MND for impacts identified as potentially significant.
Subtask 5.2: Public Draft Initial
Study/Mitigated Negative Declaration
Upon receipt of one consolidated set of comments
from City staff on the administrative draft IS/MND,
Ascent will revise the document and prepare the
IS/MND for public release. We will submit electronic
versions of the administrative draft notice of intent to adopt a mitigated negative declaration (NOI) and
notice of completion (NOC) to the City for review.
Ascent will revise the notices based on a consolidated
set of comments received from the City. Electronic
versions of the revised NOI and NOC will be submitted
DocuSign Envelope ID: B4A6C187-E0F9-475A-BA5A-CA17A70FD0E1 Attachment 1
to the City within 5 business days of receipt of City
comments. Ascent will upload copies of the final NOI
and NOC to the State Clearinghouse’s electronic
submittal website for local distribution of the NOI and IS/MND. This scope of work assumes that Ascent will
work with City staff on the publication of the NOI in a local newspaper and posting with the County Clerk.
Subtask 5.3: Response to Comments
Following the close of the mandatory 30-day CEQA
public review period, Ascent will review all public
comments received and draft a memorandum
responding to CEQA issues raised in the comments for
review by City staff. Following receipt of comments
from the City, Ascent will provide a final responses-to- comments memorandum for inclusion with the
Housing Element update staff report.
Subtask 5.4: Mitigation Monitoring and
Reporting Program
Ascent will also prepare a mitigation monitoring and
reporting program (MMRP) to be adopted by the City
Council as part of the project’s approval. Ascent will
attend up to two public hearings (e.g., Planning
Commission and City Council) related to adoption of
the IS/MND. We will be available to present information related to the CEQA process and findings to the City
Council or Planning Commission, as necessary.
Subtask 5.5: Notice of Determination
Ascent will prepare the notice of determination (NOD)
for the project and file the NOD with the State
Clearinghouse within 5 days following project approval.
It is assumed that City staff will handle posting of the NOD with the County Clerk and provide a check for the
California Department of Fish and Wildlife document
filing fee at that time.
DELIVERABLES
✔ Administrative draft IS/MND (electronic copies
[Microsoft Word and PDF])
✔ Public draft IS/MND (15 hard copies, electronic copies [Microsoft Word and PDF])
✔ NOC, Summary Form F, and NOI
✔ MMRP (electronic copies [Microsoft Word and PDF])
✔ NOD (electronic copies [Microsoft Word and PDF])
PROPOSED ROLE OF CITY STAFF
✔
Review administrative draft and screencheck draft
IS/MND and provide one set of consolidated
comments
✔ Coordinate with tribes pursuant to AB 52/SB 18
✔
Be responsible for noticing/mailing (and associated
printing) and any newspaper publication
TASK 6: FINAL DOCUMENTS AND
ADOPTION
Subtask 6.1: Public Hearing Draft Housing
Element
Ascent will prepare a public hearing draft Housing
Element that incorporates all the responses to HCD
comments. We will print hard copies for the Planning
Commission and City Council.
Subtask 6.2: Adoption Hearings
Ascent will attend three public hearings— one before
the HHSC, the Planning Commission, and the City
Council— to present the final Housing Element, respond
to questions, and record the Commissions’
recommendations and the Council’s action. Ascent will
prepare a meeting presentation and assist City staff
with preparing staff reports and the adoption
resolution.
Subtask 6.3: Final Housing Element and
Submittal to HCD
Ascent will prepare the final Housing Element,
incorporating any changes made by the City Council in
adopting the Housing Element. We will prepare a cover
letter and will print and deliver the Housing Element to HCD for the final 90-day review period. Following HCD
certification, we will print and deliver hard copies of the final Housing Element to the City. Ascent will provide all final digital files to the City, including the Housing
Element in Microsoft Word and GIS files of the sites
inventory.
DELIVERABLES
✔ Public hearing draft Housing Element (electronic
copies [Microsoft Word and PDF])
✔ Final Housing Element (electronic copies [Microsoft
Word and PDF])
✔ Final sites inventory in HCD-mandated Excel
spreadsheet (electronic copy)
DocuSign Envelope ID: B4A6C187-E0F9-475A-BA5A-CA17A70FD0E1 Attachment 1
✔
Original electronic files of all final products (Microsoft Word, PDF, Excel, and ArcGIS)
PROPOSED ROLE OF CITY STAFF
✔
Present the Housing Element at public hearings with
the HHSC, Planning Commission, and City Council
DocuSign Envelope ID: B4A6C187-E0F9-475A-BA5A-CA17A70FD0E1 Attachment 1
06 / PROJECT SCHEDULE
The graphic below presents our proposed schedule for the sixth cycle Sunnyvale Housing Element update. The schedule ensures that there is sufficient time for the City to meet the January 31, 2023, adoption deadline; however, state law also allows a 120-day grace period after the due date before imposing any penalties for late adoption. Based on our extensive experience with sixth cycle Housing Elements, we are fully capable of meeting this schedule. If any component of the schedule does not jibe with your expectations, we would appreciate the opportunity to discuss with you how we can modify it to meet the City’s needs.
Exhibit A-1 Project Schedule
DocuSign Envelope ID: B4A6C187-E0F9-475A-BA5A-CA17A70FD0E1 Attachment 1
City of Sunnyvale RFP F21-112 7/20/2021
Ascent Environmental, Inc.
ODCs Total
ANGELL PAYNE COLIN THAI GEN KUONG UNTERMOSER POPE STONER BURROWS MERRY
PIC/ CEQA
Lead
Project
Director/
Manager
Assistant
Project
Manager
Senior
Planner
Urban
Planner
Urban
Planner
Research
Analyst
CEQA
Project
Manager
Environment
al Planner
Air Quality/
GHG
Specialist
GIS Analyst
Admin/
Word
Processing
$270 $215 $175 $160 $150 $130 $100 $170 $130 $160 $135 $125 Task 1: PROJECT ADMINISTRATION
1.1 Project Kickoff Meeting & Site Tour 2 2 4 8 1,670$ 400$ 2,070$
1.2 Project Coordination 2 20 36 12 70 12,640$ 100$ 12,740$ Subtotal, Task 1 4 22 40 0 0 0 0 0 0 0 0 12 78 14,310$ 500$ 14,810$ Task 2: COMMUNITY ENGAGEMENT
2.1 Community Outreach Plan 2 4 8 14 2,330$ 2,330$
2.2 Community and Stakeholder Engagement 2 40 80 64 20 40 246 39,340$ 1,500$ 40,840$
2.3 Commission and City Council Study Sessions 12 8 16 36 5,580$ 5,580$
2.4 OPTIONAL TASK: Interpretation & Translation (See Below) 15,090$ 15,090$ Subtotal, Task 2 2 54 92 0 72 20 56 0 0 0 0 0 296 47,250$ 16,590$ 63,840$ Task 3: DRAFT HOUSING ELEMENT PREPARATION
3.1 Evaluation of Current Housing Element 1 2 4 12 19 2,365$ 2,365$
3.2 Housing Needs Assessment 2 4 16 24 46 5,930$ 5,930$
3.3 Fair Housing Assessment 4 8 16 56 16 100 12,420$ 12,420$
3.4 Sites Inventory and Analysis of Resources 8 8 12 40 48 116 16,720$ 16,720$
3.5 Housing Constraints Analysis 2 4 8 24 8 46 6,330$ 6,330$
3.6 Opportunities for Energy Conservation 1 2 8 11 1,765$ 1,765$
3.7 Housing Goals, Policies, and Implementation Program 6 6 24 2 2 40 6,400$ 6,400$
3.8 Administrative Draft Housing Element 8 16 24 4 32 8 92 12,840$ 12,840$
3.9 Public Review Draft Housing Element 1 8 12 8 2 8 8 47 6,735$ 6,735$ Subtotal, Task 3 0 33 58 20 104 78 136 0 0 0 72 16 517 71,505$ -$ 71,505$ Task 4: HCD REVIEW OF HOUSING ELEMENT
4.1 HCD Submittal and Revisions 6 10 8 20 24 8 4 80 10,820$ 10,820$ Subtotal, Task 4 0 6 10 0 8 20 24 0 0 0 8 4 80 10,820$ -$ 10,820$ Task 5: ENVIRONMENTAL COMPLIANCE
5.1 Administrative Draft Initial Study/MND 4 1 32 36 8 2 83 12,925$ 12,925$
5.2 Public Draft Initial Study/MND 1 6 14 2 8 31 4,430$ 500$ 4,930$
5.3 Response to Comments 2 2 8 2 14 2,510$ 2,510$
5.4 Mitigation Monitoring and Reporting Program 1 2 3 430$ 430$
5.5 Notice of Determination 1 1 170$ 170$
Subtotal, Task 5 7 0 3 0 0 0 0 48 54 10 2 8 132 20,465$ 500$ 20,965$ Task 6: FINAL DOCUMENTS AND ADOPTION
6.1 Public Hearing Draft Housing Element 1 2 4 2 9 1,415$ 1,415$
6.2 Adoption Hearings 12 8 6 26 4,880$ 4,880$
6.3 Final Housing Element and Submittal to HCD 1 4 4 2 11 1,765$ 1,765$ Subtotal, Task 6 0 14 14 0 14 0 0 0 0 0 0 4 46 8,060$ -$ 8,060$ PROPOSAL SUBTOTAL 13 129 217 20 198 118 216 48 54 10 82 44 1,149 172,410$ 17,590$ 190,000$ Bundled
Cost Language Meeting
Type Cost for Each Language Meeting
Type Cost for Each Total
$250
$11,328 Spanish In-Person $596 Spanish Virtual $556
$6,348 Mandarin In-Person $676 Mandarin Virtual $636 Total $4,980 Cantonese In-Person $676 Cantonese Virtual $636 $3,512 In-Person Only Meeting
Virtual Only Meeting
Assumptions:
Workshop Flyers + Online Surveys
$25 per page; 10 pages Total
Optional Task 2.4: Contingency Budget
For Community Workshops & Outreach
Optional Task 2.4: Translation Cost DetailsOptional Task 2.4: Interpreter Cost Details Assumptions:
Languages: Spanish, Mandarin, Cantonese
Meetings: Three, 4-hour workshops + 100 miles travel each workshop Hybrid Meeting (In-Person and Virtual)
Other Direct
Costs Total Fee
Proposal for: PREPARATION OF THE CITY OF SUNNYVALE’S HOUSING ELEMENT FOR 2023-2031 (6TH RHNA CYCLE) Labor
Task Description
Tasks
Task # Total Hours Total Labor
Costs
([KLELW%&RPSHQVDWLRQ6FKHGXOH
DocuSign Envelope ID: B4A6C187-E0F9-475A-BA5A-CA17A70FD0E1 Attachment 1
Exhibit C
INSURANCE REQUIREMENTS FOR CONSULTANTS/CONTRACTORS
Consultant/Contractor 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 by the Consultant, his agents, representatives, or employees.
Minimum Scope and Limits of Insurance. Consultant shall maintain limits no less than:
1. Commercial General Liability: $2,000,000 per occurrence and $4,000,000 aggregate for bodily injury, personal injury and property damage.
ISO Occurrence Form CG 0001 or equivalent is required.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. ISO Form CA 0001 or equivalent is required.
3. Workers' Compensation Statutory Limits and Employer's Liability: $1,000,000 per accident for bodily injury or disease.
Industry Specific Coverages. If checked below, the following insurance is also required:
x Professional Liability Insurance / Errors and Omissions Liability in the minimum amount of $1,000,000 per occurrence.
If working directly with children, the Certificate of Insurance must include coverage for molestation and sexual abuse in the minimum amount of $1,000,000 per occurrence and $2,000,000 aggregate. In the event that Abuse & Molestation Liability coverage is provided via a Claims Made Policy, the coverage shall include a minimum of a five-year extended reporting clause.
Pollution Liability Insurance in the minimum amount of $1,000,000 per occurrence MCS-90 Endorsement to Business Automobile insurance for transportation of hazardous materials and pollutants Builder’s Risk / Course of Construction Insurance in the minimum amount of $__________.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared and approved by the City of Sunnyvale. The consultant shall guarantee payment of any losses and related investigations, claim administration and defense expenses within the deductible or self-insured retention.
Other Insurance Provisions
The general liability and automobile liability policies (and if applicable, pollution liability, sexual abuse and molestation, and builder’s risk policies) shall contain, or be endorsed to contain, the following provisions:
1. The City of Sunnyvale, its officials, employees, agents and volunteers are to be covered as additional insureds with respects to liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City of Sunnyvale, its officers, employees, agents or volunteers.
2. For any claims related to this project, the Consultant's insurance shall be primary. Any insurance or self-insurance maintained by the City of Sunnyvale, its officers, officials, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Sunnyvale, its officers, officials, employees, agents or volunteers.
4. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City of Sunnyvale.
6. The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated above shall not serve to reduce the CONSULTANT’S policy limits of coverage. Therefore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured, whichever is greater.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of not less than A:VII, unless otherwise acceptable to the City of Sunnyvale.
Verification of Coverage
Consultant shall furnish the City of Sunnyvale with original a Certificate of Insurance effecting the coverage required. The certificates are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates are to be received and approved by the City of Sunnyvale prior to commencement of work.
DocuSign Envelope ID: B4A6C187-E0F9-475A-BA5A-CA17A70FD0E1 Attachment 1
Subcontractors
CONSULTANT shall require all subcontractors to procure and maintain insurance policies subject to these requirements. Failure of CONSULTANT to verify existence of sub-contractor’s insurance shall not relieve CONSULTANT from any claim arising from sub-contractors work on behalf of CONSULTANT.
DocuSign Envelope ID: B4A6C187-E0F9-475A-BA5A-CA17A70FD0E1 Attachment 1
AMENDMENT TO CONSULTANT SERVICES AGREEMENT
BETWEEN CITY OF SUNNYVALE AND ASCENT ENVIRONMENTAL INC. FOR
PROFESSIONAL SERVICES ASSISTANCE FOR THE
PREPARATION OF THE CITY OF SUNNYVALE’S HOUSING
ELEMENT FOR 2023-2031 (6TH RHNA CYCLE)
This Amendment to Consultant Services Agreement, dated _______________________ is by and between the CITY OF SUNNYVALE, a California chartered municipal corporation ("CITY"), and ASCENT ENVIROMENTAL INC. ("CONSULANT").
WHEREAS, on August 13, 2021, CITY and CONSULANT entered into a Consultant Services Agreement whereby CONSULTANT would provide professional services necessary for assistance for the preparation of the City of Sunnyvale’s Housing Element for 2023-2031 (6th RHNA Cycle); and WHEREAS, the parties now agree that an Amendment to said Agreement is advisable;
NOW, THEREFORE, THE PARTIES ENTER INTO THIS AMENDMENT TO CONSULTANT SERVICES AGREEMENT:
2. Services by CONSULTANT
“Scope of Work”, CONSULTANT shall determine the method, details and means of performing the services.
4. Compensation
shall not exceed Two Hundred Thirty-Nine Thousand Nine Hundred Eighty and 00/100 Dollars. ($239,980.00).
All other terms and conditions remain unchanged.
IN WITNESS WHEREOF, the parties have executed this Agreement Amendment.
ATTEST: CITY OF SUNNYVALE ("CITY")
By_____________________________ By
City Clerk City Manager
ASCENT ENVIROMENTAL INC.
("CONSULTANT")
APPROVED AS TO FORM: By
Name/Title
___________________________ By
City Attorney
Name/Title
DocuSign Envelope ID: 5374D3CA-0721-4E1B-B23C-79FD0AA08C9B Pat Angell Principal
07/18/2022
CONSULTANT shall provideadditional services inaccordance with Exhibit “A-1” entitled CITY agrees topay CONTRACTOR at the billing ratesper Exhibit "B-1" Total compensation Attachment 1
May 26, 2022
Jenny Carloni
Housing Officer
City of Sunnyvale
650 West Olive Avenue
Sunnyvale, CA 94086
via email: [email protected]
Subject: Amendment Request #1 to the Scope of Services and Cost Estimate for the City of Sunnyvale Housing Element
Dear Ms. Carloni:
Ascent looks forward to continuing work with the City of Sunnyvale on the Housing Element Update and ensuring the City’s Housing Element provides a useful housing plan, accurately reflects the City’s housing capacity, and meets state housing element certification requirements. The sixth housing element update cycle has presented challenges to jurisdictions across the state, many of which are reflected in the original scope and cost. However, changing expectations have resulted in the need for additional analysis and meetings beyond that previously scoped. In addition, ongoing efforts to update the El Camino Real Specific Plan and Moffett Park Specific Plan have necessitated additional coordination between project teams and updates to the draft Housing Element to ensure accurate representation of the City’s housing capacity and regulations. During the Housing Element update process, Ascent has provided additional services beyond those anticipated under the original scope of work, in response to project needs and staff request. Additional services and reasons for increased effort include:
Participation in the Santa Clara County Planning Collaborative; Additional meetings with City commissions and advisory bodies; Additional analysis to address complexities in the sites inventory, including incomplete data on sites affected by current specific plan updates (i.e., El Camino Real Specific Plan and Moffett Park Specific Plan), coordination with project teams, and review of non-vacant sites; Delayed receipt of additional fair housing data and effort to review and incorporate newly introduced data; and
Delayed receipt of staff comments on the Administrative Draft Housing Element, resulting in additional last-minute revisions prior to publication.
In addition, recognizing the potential for the Moffett Park Specific Plan to be adopted after the January 31, 2023, state-mandated housing element deadline, we recommend including a contingency that would allow for revisions to the sites inventory and the development of a rezone strategy to meet the City’s unmet housing need.
DocuSign Envelope ID: 5374D3CA-0721-4E1B-B23C-79FD0AA08C9B Exhibit A-1
Attachment 1
Please see the following augmented scope of work and cost estimate to address these additional services.
No changes to the remaining tasks are included in this request.
A. AMENDED SCOPE OF WORK
Task 1: Project Administration
The Santa Clara County Planning Collaborative provides technical assistance and shared resources to address housing needs in the county. Upon staff request, Ascent participated in the collaborative to share progress on the housing element and inform technical assistance, particularly in relation to the fair housing assessment. Ascent has attended 6 planning collaborative meetings, to date, and has provided input on technical assistance workplans including participation in the fair housing subcommittee. Ascent will attend up to 4 additional planning collaborative meetings.
Task 2: Community Engagement
Upon staff request, Ascent presented the Housing Element and solicited feedback from the City’s Age- Friendly Advisory Committee on February 8, 2022. Ascent also attended one additional council meeting on May 3, 2022, and one additional commission meeting on May 25, 2022, to present the public review draft Housing Element to the Housing and Human Services Commission and gather feedback before submitting the Housing Element to the Department of Housing and Community Development (HCD).
Task 3: Housing Element Preparation
Fair housing data anticipated from the Association of Bay Area Governments and Santa Clara County Planning Collaborative technical assistance was received much later in the process than initially anticipated.
This resulted in the need for Ascent to prepare analysis for the fair housing assessment, (i.e., tables, mapping, and discussion) and also required review and incorporation of newly introduced data much later in the process. Ascent reviewed the data to ensure alignment and consistency with the previously drafted fair housing assessment.
Delays in updates to the El Camino Real Specific Plan and Moffett Park Specific Plan impacted the preparation of the sites inventory and resulted in evolving target sites and capacity. Under the original scope, Ascent assumed the plan updates would be publicly available prior to the preparation of the sites inventory. Due to the limited availability of land use and zoning information proposed in the plan updates, Ascent coordinated directly with the project teams to ensure sites identified for additional housing capacity through the specific plan update processes are reflected in the Housing Element sites inventory. Ascent also prepared several revisions to the sites inventory based on newly introduced information on the plan updates. If additional revisions to the proposed land use and zoning maps for the specific plan updates are proposed, Ascent will revise the sites inventory accordingly.
DocuSign Envelope ID: 5374D3CA-0721-4E1B-B23C-79FD0AA08C9B Attachment 1
Contingency – Rezone Obligation Analysis
If the Moffett Park Specific Plan is not adopted prior to the Housing Element, the sites inventory of the Housing Element will need to be revised to reflect the City’s RHNA shortfall and resulting rezone obligation. The sites within Moffett Park would be shown as candidate rezone sites and would need to be analyzed in the environmental document as such. The details of this effort are unknown at this time and are dependent on the specific plan update process and HCD’s review of the Housing Element. As such, Ascent recommends including a contingency budget of $20,000 to cover potential costs. If the rezone obligation warrants an environmental document beyond the Initial Study/Mitigated Negative Declaration originally scoped, an additional scope and budget amendment would be needed. This will be determined once HCD reviews the draft housing element, and the schedule of the Moffett Park Specific Plan Update EIR is known.
B. KEY ASSUMPTIONS AND EXCLUSIONS
This scope amendment assumes all key assumptions previously outlined in the executed contract, dated August 13, 2021. No changes or additional assumptions and exclusions are proposed at this time.
C. COST ESTIMATE
Ascent’s proposed cost to complete the tasks described above is $49,980 (inclusive of a $20,000 contingency) as shown in the attached spreadsheet. The proposed price is based on estimated hours and 2021 labor rates. Monthly invoices will be submitted based on hours billed and other direct costs incurred during each billing period. Ascent reserves the right to move cost allocations between tasks so long as the overall budget is not exceeded.
If executed, this amendment request would result in a total contract price of $239,980.
Thank you for the opportunity to provide this amendment request.
DocuSign Envelope ID: 5374D3CA-0721-4E1B-B23C-79FD0AA08C9B Attachment 1
We look forward to continuing our work with you on this important project. If you have any questions, please feel free to contact us.
Sincerely,
Ch
elsey Payne, AICP Pat Angell
Project Director Principal-in-Charge
p: 916.306.2621 p: 916.732.3324
e: [email protected] e: [email protected] Atta
chments:
A Cost Estimate
DocuSign Envelope ID: 5374D3CA-0721-4E1B-B23C-79FD0AA08C9B Attachment 1
City of Sunnyvale 5/26/2022
Ascent Environmental, Inc.
Total
PAYNE UNTERMOSER GELBMAN MERRY
Project
Director/
Manager
Urban
Planner/
Project
Manager
Senior
Planner GIS Analyst
$215 $130 $185 $135
Task 1: PROJECT ADMINISTRATION
1.1 Project Kickoff Meeting & Site Tour 0 -$ -$
1.2 Proj
ect Coordination 20 20 2,600$ 2,600$
Subtotal, Task 1 0 20 0 0 20 2,600$ 2,600$
Task 2: COMMUNITY ENGAGEMENT
2.1 Community Outreach Plan 0 -$ -$
2.2 Com
munity and Stakeholder Engagement 0 -$ -$
2.3 Com
mission and City Council Study Sessions 8 12 4 24 4,020$ 4,020$ Subtotal, Task 2 8 12 4 0 24 4,020$ 4,020$
Task 3: DRAFT HOUSING ELEMENT PREPARATION
3.1 Evaluation of Current Housing Element 0 -$ -$
3.2 Housi
ng Needs Assessment 0 -$ -$
3.3 Fai
r Housing Assessment 4 16 8 28 4,420$ 4,420$ 3 .4 Sites Inventory and Analysis of Resources 12 80 16 108 15,140$ 15,140$ 3 .5 Housing Constraints Analysis 0 -$ -$
3.6 Opp
ortunities for Energy Conservation 0 -$ -$
3.7 Hou
sing Goals, Policies, and Implementation Program 0 -$ -$
3.8 Adm
inistrative Draft Housing Element 8 16 24 3,800$ 3,800$
3.9 P
ublic Review Draft Housing Element 0 -$ -$
Subtotal, Task 3 24 112 8 16 160 23,360$ 23,360$ Task 4: HCD REVIEW OF HOUSING ELEMENT
4.1 HCD Submittal and Revisions 0 -$ -$
Subtotal, Task 4 0 0 0 0 0 -$ - $
Task 5: ENVIRONMENTAL COMPLIANCE
5.1 Administrative Draft Initial Study/MND 0 -$ -$
5.2 Pub
lic Draft Initial Study/MND 0 -$ -$
5.3 Resp
onse to Comments 0 -$ -$
5.4 Mitig
ation Monitoring and Reporting Program 0 -$ -$
5.5 Not
ice of Determination 0 -$ -$
Subtotal, Task 5 0 0 0 0 0 -$ - $
Task 6: FINAL DOCUMENTS AND ADOPTION
6.1 Public Hearing Draft Housing Element 0 -$ -$
6.2 Ado
ption Hearings 0 -$ -$
6.3 Fina
l Housing Element and Submittal to HCD 0 -$ -$
Subtotal, Task 6 0 0 0 0 0 -$ - $
AMENDMENT SUBTOTAL 32 144 12 16 204 29,980$ 29,980$ Conti
ngency 20,000$
AMENDMENT TOTAL 49,980$
Original Total Contract Budget 190,000$
REVISED TOTAL CONTRACT BUDGET 239,980$
Total Fee
2023-2031 Housing Element Update - Amendment 1
Tasks
Task # Task Description Total Hours Total Labor
Costs
DocuSign Envelope ID: 5374D3CA-0721-4E1B-B23C-79FD0AA08C9B Exhibit B-1
Attachment 1