CC SR 20210302 07 - Housing Element PSA
CITY COUNCIL MEETING DATE: 03/02/2021
AGENDA REPORT AGENDA HEADING: Regular Business
AGENDATITLE:
Consideration and possible action to award a professional services agreement to
Environmental Sciences Associates (ESA) to complete the City’s 2021-2029 Housing
Element Update of the City’s General Plan.
RECOMMENDED COUNCIL ACTION:
(1) Award a professional services agreement in an amount not to exceed
$238,749.48 to ESA to complete the 2021-2029 Housing Element Update of the
City’s General Plan, including the preparation of associated environmental
documents, subject to approval as to form by the City Attorney; and
(2) Direct Staff not to proceed with forming a Housing Ad-Hoc Committee at this
time.
FISCAL IMPACT: The action will result in a City expenditure of $238,749.48. Funds
are available from vacant positions in the Fiscal Year 2020-21
budget.
Amount Budgeted: $240,000
Additional Appropriation: N/A
Account Number(s): 101-400-4120-5101 (General Fund – Planning/Professional Services)
ORIGINATED BY: Octavio Silva, Senior Planner
REVIEWED BY: Ken Rukavina PE, Director of Community Development
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Professional Services Agreement – ESA (page A-1)
B. Housing Element Update Request for Proposals (page B-1)
C. ESA Proposal (page C-1)
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BACKGROUND AND DISCUSSION:
Housing Element Update
All cities in California are required to adopt a comprehensive General Plan to guide land
use planning decisions. A key part of the City’s overall General Plan is the Housing
Element, which have been mandatory portions of local general plans in California since
1969. Providing housing for all Californians is considered by the state Legislature to be
of vital statewide importance. A housing element provides an analysis of a community’s
housing needs for all income levels and strategies to respond to provide for those
housing needs. State law establishes that each city accommodates its fair share of
affordable housing as an approach to distributing housing needs throughout the state.
State housing element law also recognizes that in order for the private sector to address
housing needs and demand, local governments must adopt land -use plans and
implement regulations that provide opportunities for, and do not unduly constrain,
housing development by the private sector. Although the City recently completed the
General Plan update in 2018, the current adopted Housing Element covers the period
2013-2021 and must be updated for the next planning cycle (6th Cycle) covering the
period 2021-2029. In accordance with the state’s established timeline, the City Council
must adopt an updated Housing Element covering the 6th Cycle by October 2021. Prior
to adoption, the City’s Housing Element must be reviewed and certified by the California
Department of Housing and Community Development (HCD) and determined to be in
substantial conformance with the requirements of state housing element law.
The Housing Element must be updated to include City policies, strategies, and actions
to facilitate the construction of new housing and preservation of existing housing to
meet the needs of the population during the 6th Housing Element Cycle period. The
Housing Element must also address the City’s Regional Housing Needs Assessment
(RHNA) allocation. The draft allocation plan has 638 units allocated to the City of
Rancho Palos Verdes. The City must demonstrate “sufficient capacity” to accommodate
the new housing needs identified in the RHNA. Sufficient capacity is demonstrated by
showing that the City has an adequate amount of land, with appropriate allowable
density and development standards (i.e., with appropriate General Plan designation and
Zoning), to accommodate the RHNA requirements.
Professional Services Agreement
In September 2020, the Community Development Department issued a request for
proposals (RFP) (Attachment B) to solicit professional services to assist the City in the
preparation of the 6th Cycle Housing Element update. Specifically, the Community
Development Department sought a consultant with prior experience working with HCD,
equipped to develop creative solutions in the furtherance of affordable housing within a
built-out coastal community, and with a comprehensive understanding of current
California housing laws and requirements.
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No consultant proposals were received by the end of the RFP response deadline in
October 2020. Subsequently, Staff reached out to consultant firms, including JHD
Planning, Michael Baker International, and Environmental Sciences Associates (ESA),
to solicit direct proposals for the City’s Housing Element update. As a result, JHD
Planning stated it did not have the immediate capacity to support the City due to other
commitments, likewise Michael Baker International indicated it also had other
commitments, but ultimately provided an informal proposal, and ESA submitted a formal
proposal (Attachment C) to complete the requested services outlined in the RFP in the
amount of $238,249.48. Staff determined that ESA and its team was best equipped to
perform the work. As part of the scope of services, ESA will provide the following
services:
• Project administration;
• Housing Element assessment and analysis;
• Public engagement;
• General Plan consistency review;
• California Environmental Quality Act (CEQA) analysis;
• Community workshops and public hearings; and
• Final Housing Element certification
ESA proposes to utilize sub-consultants BAE Urban Economics, Inc. for a wide range of
services including, but not limited to, affordable and workforce housing, public policy
analysis, and strategy development; MBI Media for public engagement, community
workshops, and social media. It is anticipated that the scope of services will be
completed in March 2022, which will require an extension from HCD to complete the
update after the October 2021 deadline.
Staff is of the opinion that ESA is qualified to complete the City’s 6th Cycle Housing
Element Update. Specifically, ESA has extensive experience working with local
jurisdictions on long-range planning efforts, including assisting the City of Rancho Palos
Verdes in the completion of technical studies for the General Plan Update in 2018. In
addition, the public engagement program included in the scope of services provides for
robust community outreach and social media campaign to ensure that input is collected
from the City’s residents and business community.
Housing Ad-Hoc Committee
On February 2, 2021, the City Council directed Staff to bring back a future agenda item
to consider establishing a Housing Ad-Hoc Committee. The purpose of the committee
would be to facilitate and make recommendations to help the City zone for housing and
economic development with mixed-use or more specifically, provide the City Council
with recommendations pertaining to development standards for mixed-use zones, land-
use balance, guidelines for evaluation of specific types of rezones, and updates to the
RHNA available sites inventory. Staff is of the opinion that a separate committee from
the Planning Commission or a Planning Commission subcommittee is not warranted at
this time, as Staff will be working closely with the Planning Commission, through the
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public hearing process, on the review of the proposed Housing Element update. In
addition, the Planning Commission would be considering any General Plan consistency
requirements and certifying any associated environmental review for the proposed
update. Lastly, a citizen advisory panel or citizen members joining a Planning
Commission ad hoc committee would be Brown Act bodies, requiring notice public
meetings, which would slow the Housing Element update process.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available
for the City Council’s consideration:
1. Direct Staff to modify the scope of the project and renegotiate the services
needed, returning with a modified proposal.
2. Direct Staff to issue a new Request for Proposals.
3. Provide direction to Staff to develop Housing Ad-Hoc Committee.
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CONTRACT SERVICES AGREEMENT
By and Between
CITY OF RANCHO PALOS VERDES
and
ENVIRONMENTAL SCIENCES ASSOCIATES
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AGREEMENT FOR CONTRACT SERVICES
BETWEEN THE CITY OF RANCHO PALOS VERDES AND
ENVIRONMENTAL SCIENCES ASSOCIATES
THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and
entered into on February 23, 2021, by and between the CITY OF RANCHO PALOS
VERDES, a California municipal corporation (“City”) and ENVIRONMENTAL SCIENCES
ASSOCIATES, a California corporation (“Consultant”). City and Consultant may be referred to,
individually or collectively, as “Party” or “Parties.”
RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the
performance of the services defined and described particularly in Article 1 of this Agreement.
B. Consultant, following submission of a proposal or bid for the performance of the
services defined and described particularly in Article 1 of this Agreement, was selected by the
City to perform those services.
C. Pursuant to the City of Rancho Palos Verdes Municipal Code, City has authority
to enter into and execute this Agreement.
D. The Parties desire to formalize the selection of Consultant for performance of
those services defined and described particularly in Article 1 of this Agreement and desire that
the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by
the Parties and contained herein and other consideration, the value and adequacy of which are
hereby acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Consultant shall
provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and
incorporated herein by this reference, which may be referred to herein as the “services” or
“work” hereunder. As a material inducement to the City entering into this Agreement, Consultant
represents and warrants that it has the qualifications, experience, and facilities necessary to
properly perform the services required under this Agreement in a thorough, competent, and
professional manner, and is experienced in performing the work and services contemplated
herein. Consultant shall at all times faithfully, competently and to the best of its ability,
experience and talent, perform all services described herein. Consultant covenants that it shall
follow the highest professional standards in performing the work and services required hereunder
and that all materials will be both of good quality as well as fit for the purpose intended. For
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purposes of this Agreement, the phrase “highest professional standards” shall mean those
standards of practice recognized by one or more first-class firms performing similar work under
similar circumstances.
1.2 Consultant’s Proposal.
The Scope of Service shall include the Consultant’s scope of work or bid which shall be
incorporated herein by this reference as though fully set forth herein. In the event of any
inconsistency between the terms of such proposal and this Agreement, the terms of this
Agreement shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder
in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and
any Federal, State or local governmental entity having jurisdiction in effect at the time service is
rendered.
1.4 California Labor Law.
If the Scope of Services includes any “public work” or “maintenance work,” as those
terms are defined in California Labor Code section 1720 et seq. and California Code of
Regulations, Title 8, Section 16000 et seq., and if the total compensation is $1,000 or more,
Consultant shall pay prevailing wages for such work and comply with the requirements in
California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws,
including the following requirements:
(a) Public Work. The Parties acknowledge that some or all of the work to be
performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and
that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1
(commencing with Section 1720) of the California Labor Code relating to public works contracts
and the rules and regulations established by the Department of Industrial Relations (“DIR”)
implementing such statutes. The work performed under this Agreement is subject to compliance
monitoring and enforcement by the DIR. Consultant shall post job site notices, as prescribed by
regulation.
(b) Prevailing Wages. Consultant shall pay prevailing wages to the extent
required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the
prevailing rate of per diem wages are on file at City Hall and will be made available to any
interested party on request. By initiating any work under this Agreement, Consultant
acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of
the prevailing rate of per diem wages, and Consultant shall post a copy of the same at each job
site where work is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages. Consultant shall comply with
and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment
of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The
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Consultant shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar
day, or portion thereof, for each worker paid less than the prevailing rates as determined by the
DIR for the work or craft in which the worker is employed for any public work done pursuant to
this Agreement by Consultant or by any subcontractor.
(d) Payroll Records. Consultant shall comply with and be bound by the
provisions of Labor Code Section 1776, which requires Consultant and each subconsultant to:
keep accurate payroll records and verify such records in writing under penalty of perjury, as
specified in Section 1776; certify and make such payroll records available for inspection as
provided by Section 1776; and inform the City of the location of the records.
(e) Apprentices. Consultant shall comply with and be bound by the provisions
of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8,
Section 200 et seq. concerning the employment of apprentices on public works projects.
Consultant shall be responsible for compliance with these aforementioned Sections for all
apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall
provide City with a copy of the information submitted to any applicable apprenticeship program.
Within sixty (60) days after concluding work pursuant to this Agreement, Consultant and each of
its subconsultants shall submit to the City a verified statement of the journeyman and apprentice
hours performed under this Agreement.
(f) Eight-Hour Work Day. Consultant acknowledges that eight (8) hours labor
constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code
Section 1810.
(g) Penalties for Excess Hours. Consultant shall comply with and be bound by
the provisions of Labor Code Section 1813 concerning penalties for workers who work excess
hours. The Consultant shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each
worker employed in the performance of this Agreement by the Consultant or by any
subcontractor for each calendar day during which such worker is required or permitted to work
more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week
in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.
Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of
eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public
work upon compensation for all hours worked in excess of 8 hours per day at not less than one
and one-half (1½) times the basic rate of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and 3700
provide that every employer will be required to secure the payment of compensation to its
employees if it has employees. In accordance with the provisions of California Labor Code
Section 1861, Consultant certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require
every employer to be insured against liability for workers' compensation or to
undertake self-insurance in accordance with the provisions of that code, and I will
comply with such provisions before commencing the performance of the work of
this contract.”
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Consultant’s Authorized Initials ________
(i) Consultant’s Responsibility for Subcontractors. For every subcontractor
who will perform work under this Agreement, Consultant shall be responsible for such
subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720)
of the California Labor Code, and shall make such compliance a requirement in any contract
with any subcontractor for work under this Agreement. Consultant shall be required to take all
actions necessary to enforce such contractual provisions and ensure subcontractor's compliance,
including without limitation, conducting a review of the certified payroll records of the
subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to
pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take
corrective action to halt or rectify any such failure by any subcontractor.
1.5 Licenses, Permits, Fees and Assessments.
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals
as may be required by law for the performance of the services required by this Agreement.
Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus
applicable penalties and interest, which may be imposed by law and arise from or are necessary
for the Consultant’s performance of the services required by this Agreement, and shall
indemnify, defend and hold harmless City, its officers, employees or agents of City, against any
such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City
hereunder.
1.6 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly
investigated and considered the scope of services to be performed, (ii) has carefully considered
how the services should be performed, and (iii) fully understands the facilities, difficulties and
restrictions attending performance of the services under this Agreement. If the services involve
work upon any site, Consultant warrants that Consultant has or will investigate the site and is or
will be fully acquainted with the conditions there existing, prior to commencement of services
hereunder. Should the Consultant discover any latent or unknown conditions, which will
materially affect the performance of the services hereunder, Consultant shall immediately inform
the City of such fact and shall not proceed except at Consultant’s risk until written instructions
are received from the Contract Officer.
1.7 Care of Work.
The Consultant shall adopt reasonable methods during the life of the Agreement to
furnish continuous protection to the work, and the equipment, materials, papers, documents,
plans, studies and/or other components thereof to prevent losses or damages, and shall be
responsible for all such damages, to persons or property, until acceptance of the work by City ,
except such losses or damages as may be caused by City’s own negligence.
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1.8 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective
obligations under this Agreement. Both parties agree to act in good faith to execute all
instruments, prepare all documents and take all actions as may be reasonably necessary to carry
out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible
for the service of the other.
1.9 Additional Services.
City shall have the right at any time during the performance of the services, without
invalidating this Agreement, to order extra work beyond that specified in the Scope of Services
or make changes by altering, adding to or deducting from said work. No such extra work may be
undertaken unless a written order is first given by the Contract Officer to the Consultant,
incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra
work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the
written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of
the Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred
eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either
separately or cumulatively, must be approved by the City Council. It is expressly understood by
Consultant that the provisions of this Section shall not apply to services specifically set forth in
the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services
to be provided pursuant to the Scope of Services may be more costly or time consuming than
Consultant anticipates and that Consultant shall not be entitled to additional compensation
therefor. City may in its sole and absolute discretion have similar work done by other
Consultants. No claims for an increase in the Contract Sum or time for performance shall be
valid unless the procedures established in this Section are followed.
1.10 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof
are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated
herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any
other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the
amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and
incorporated herein by this reference. The total compensation, including reimbursement for
actual expenses, shall not exceed $238,749.48 (Two Hundred Thirty Eight Thousand Seven
Hundred Forty Nine Dollars and Forty Eight Cents) (the “Contract Sum”), unless additional
compensation is approved pursuant to Section 1.9.
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2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii)
payment in accordance with specified tasks or the percentage of completion of the services, less
contract retention; (iii) payment for time and materials based upon the Consultant’s rates as
specified in the Schedule of Compensation, provided that (a) time estimates are provided for the
performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not
exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for
reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in
advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.4,
and only if specified in the Schedule of Compensation. The Contract Sum shall include the
attendance of Consultant at all project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If
Consultant is required to attend additional meetings to facilitate such coordination, Consultant
shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Consultant shall furnish to City an original invoice for all work performed
and expenses incurred during the preceding month in a form approved by City’s Director of
Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying
compliance with all provisions of the Agreement. The invoice shall contain all information
specified in Exhibit “C”, and shall detail charges for all necessary and actual expenses by the
following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-
contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant
shall not invoice City for any duplicate services performed by more than one person.
City shall independently review each invoice submitted by the Consultant to determine
whether the work performed and expenses incurred are in compliance with the provisions of this
Agreement. Except as to any charges for work performed or expenses incurred by Consultant
which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause
Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and
undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run
procedures, the City cannot guarantee that payment will occur within this time period . In the
event any charges or expenses are disputed by City, the original invoice shall be returned by City
to Consultant for correction and resubmission. Review and payment by City for any invoice
provided by the Consultant shall not constitute a waiver of any rights or remedies provided
herein or any applicable law.
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be
deemed to waive any defects in work performed by Consultant.
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ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a
written notice to proceed and shall perform all services within the time period(s) established in
the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this
reference. When requested by the Consultant, extensions to the time period(s) specified in the
Schedule of Performance may be approved in writing by the Contract Officer but not exceeding
one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the
services rendered pursuant to this Agreement shall be extended because of any delays due to
unforeseeable causes beyond the control and without the fault or negligence of the Consultant,
including, but not restricted to, acts of God or of the public enemy, unusually severe weather,
fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes,
wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant
shall within ten (10) days of the commencement of such delay notify the Contract Officer in
writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of
delay, and extend the time for performing the services for the period of the enforced delay when
and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s
determination shall be final and conclusive upon the parties to this Agreement. In no event shall
Consultant be entitled to recover damages against the City for any delay in the performance of
this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement
pursuant to this Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement
shall continue in full force and effect until completion of the services but not exceeding one (1)
year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit
“D”).
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant (“Principals”) are hereby designated as being the
principals and representatives of Consultant authorized to act in its behalf with respect to the
work specified herein and make all decisions in connection therewith:
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Ryan Todaro Project Manager
(Name) (Title)
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the
foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for
directing all activities of Consultant and devoting sufficient time to personally supervise the
services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be
under the exclusive direction and control of the Principals. For purposes of this Agreement, the
foregoing Principals may not be replaced nor may their responsibilities be substantially reduced
by Consultant without the express written approval of City. Additionally, Consultant shall utilize
only competent personnel to perform services pursuant to this Agreement. Consultant shall make
every reasonable effort to maintain the stability and continuity of Consultant’s staff and
subcontractors, if any, assigned to perform the services required under this Agreement.
Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any,
assigned to perform the services required under this Agreement, prior to and during any such
performance.
4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation,
debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless
such authority is expressly conferred under this Agreement or is otherwise expressly conferred in
writing by City. Consultant shall not at any time or in any manner represent that Consultant or
any of Consultant’s officers, employees, or agents are in any manner officials, officers,
employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or
agents, shall obtain any rights to retirement, health care or any other benefits which may
otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may
have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be Ken Rukavina, Director of Community Development, or
such person as may be designated by the City Manager. It shall be the Consultant’s responsibility
to assure that the Contract Officer is kept informed of the progress of the performance of the
services and the Consultant shall refer any decisions which must be made by City to the Contract
Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean
the approval of the Contract Officer. The Contract Officer shall have authority, if specified in
writing by the City Manager, to sign all documents on behalf of the City required hereunder to
carry out the terms of this Agreement.
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4.4 Independent Consultant.
Neither the City nor any of its employees shall have any control over the manner, mode
or means by which Consultant, its agents or employees, perform the services required herein,
except as otherwise set forth herein. City shall have no voice in the selection, discharge,
supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing
their number, compensation or hours of service. Consultant shall perform all services required
herein as an independent contractor of City and shall remain at all times as to City a wholly
independent contractor with only such obligations as are consistent with that role. Consultant
shall not at any time or in any manner represent that it or any of its agents or employees are
agents or employees of City. City shall not in any way or for any purpose become or be deemed
to be a partner of Consultant in its business or otherwise or a joint venturer or a member o f any
joint enterprise with Consultant.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals and
employees were a substantial inducement for the City to enter into this Agreement. Therefore,
Consultant shall not contract with any other entity to perform in whole or in part the services
required hereunder without the express written approval of the City. In addition, neither this
Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or
encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise,
without the prior written approval of City. Transfers restricted hereunder shall include the
transfer to any person or group of persons acting in concert of more than twenty five percent
(25%) of the present ownership and/or control of Consultant, taking all transfers into account on
a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy
proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or
any surety of Consultant of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
Without limiting Consultant’s indemnification of City, and prior to commencement of
any services under this Agreement, Consultant shall obtain, provide and maintain at its own
expense during the term of this Agreement, policies of insurance of the type and amounts
described below and in a form satisfactory to City.
(a) General liability insurance. Consultant shall maintain commercial general
liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01,
in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily
injury, personal injury, and property damage. The policy must include contractual liability that
has not been amended. Any endorsement restricting standard ISO “insured contract” language
will not be accepted.
(b) Automobile liability insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury
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and property damage for all activities of the Consultant arising out of or in connection with
Services to be performed under this Agreement, including coverage for any owned, hired, non-
owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each
accident.
(c) Professional liability (errors & omissions) insurance. Consultant shall
maintain professional liability insurance that covers the Services to be performed in connection
with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any
policy inception date, continuity date, or retroactive date must be before the effective date of this
Agreement and Consultant agrees to maintain continuous coverage through a period no less than
three (3) years after completion of the services required by this Agreement.
(d) Workers’ compensation insurance. Consultant shall maintain Workers’
Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at
least $1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall include all of the requirements stated
herein.
(f) Additional Insurance. Policies of such other insurance, as may be required
in the Special Requirements in Exhibit “B”.
5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a waiver of subrogat ion
endorsement for workers’ compensation. Insurance certificates and endorsements must be
approved by City’s Risk Manager prior to commencement of performance. Current certification
of insurance shall be kept on file with City at all times during the term of this Agreement. City
reserves the right to require complete, certified copies of all required insurance policies, at any
time.
(b) Duration of coverage. Consultant shall procure and maintain for the
duration of this Agreement insurance against claims for injuries to persons or damages to
property, which may arise from or in connection with the performance of the Services hereunder
by Consultant, its agents, representatives, employees or subconsultants.
(c) Primary/noncontributing. Coverage provided by Consultant shall be
primary and any insurance or self-insurance procured or maintained by City shall not be required
to contribute with it. The limits of insurance required herein may be satisfied by a combination
of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or
be endorsed to contain a provision that such coverage shall also apply on a primary and non -
contributory basis for the benefit of City before the City’s own insurance or self-insurance shall
be called upon to protect it as a named insured.
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(d) City’s rights of enforcement. In the event any policy of insurance required
under this Agreement does not comply with these specifications or is canceled and not replaced,
City has the right but not the duty to obtain the insurance it deems necessary and any premium
paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient
to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(e) Acceptable insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact business of insurance
or that is on the List of Approved Surplus Line Insurers in the State of California, with an
assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger)
in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by
the City’s Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured
pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or
appointed officers, agents, officials, employees and volunteers or shall specifically allow
Consultant or others providing insurance evidence in compliance with these specifications to
waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery
against City, and shall require similar written express waivers and insurance clauses from each of
its subconsultants.
(g) Enforcement of contract provisions (non-estoppel). Consultant
acknowledges and agrees that any actual or alleged failure on the part of the City to inform
Consultant of non-compliance with any requirement imposes no additional obligations on the
City nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or
limits contained in this section are not intended as a limitation on coverage, limits or other
requirements, or a waiver of any coverage normally provided by any insurance. Specific
reference to a given coverage feature is for purposes of clarification only as it pertains to a given
issue and is not intended by any party or insured to be all inclusive, or to the exclusion of ot her
coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums
shown above, the City requires and shall be entitled to coverage for 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.
(i) Notice of cancellation. Consultant agrees to oblige its insurance agent or
broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for
nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each
required coverage.
(j) Additional insured status. General liability policies shall provide or be
endorsed to provide that City and its officers, officials, employees, and agents, and volunteers
shall be additional insureds under such policies. This provision shall also apply to any
excess/umbrella liability policies.
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(k) Prohibition of undisclosed coverage limitations. None of the coverages
required herein will be in compliance with these requirements if they include any limiting
endorsement of any kind that has not been first submitted to City and approved of in writing.
(l) Separation of insureds. A severability of interests provision must apply for
all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the insurer’s limits of
liability. The policy(ies) shall not contain any cross-liability exclusions.
(m) Pass through clause. Consultant agrees to ensure that its subconsultants,
subcontractors, and any other party involved with the project who is brought onto or involved in
the project by Consultant, provide the same minimum insurance coverage and endorsements
required of Consultant. Consultant agrees to monitor and review all such coverage and assumes
all responsibility for ensuring that such coverage is provided in conformity with the requirements
of this section. Consultant agrees that upon request, all agreements with consultants,
subcontractors, and others engaged in the project will be submitted to City for review.
(n) Agency’s right to revise specifications. The City reserves the right at any
time during the term of the contract to change the amounts and types of insurance required by
giving the Consultant ninety (90) days advance written notice of such change. If such change
results in substantial additional cost to the Consultant, the City and Consultant may renegotiate
Consultant’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured retentions be eliminated,
lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these
specifications unless approved by City.
(p) Timely notice of claims. Consultant shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from Consultant’s performance
under this Agreement, and that involve or may involve coverage under any of the required
liability policies.
(q) Additional insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own judgment may be
necessary for its proper protection and prosecution of the work.
5.3 Indemnification.
To the full extent permitted by law, Consultant agrees to indemnify, defend and hold
harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will
hold and save them and each of them harmless from, any and all actions, either judicial,
administrative, arbitration or regulatory claims, damages to persons or property, losses, costs,
penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims
or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in
connection with the negligent performance of the work, operations or activities provided herein
of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or
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entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or
indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’
negligent performance of or failure to perform any term, provision, covenant or condition of this
Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any
of said claims or liabilities and will pay all costs and expenses, including legal costs and
attorneys’ fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its
officers, agents or employees for any such claims or liabilities arising out of or in connection
with the negligent performance of or failure to perform such work, operations or activities of
Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and
employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to
any action or proceeding filed or prosecuted against Consultant for such damages or other claims
arising out of or in connection with the negligent performance of or failure to perform the work,
operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers,
agents or employees, any and all costs and expenses incurred by the City, its officers, agents or
employees in such action or proceeding, including but not limited to, legal costs and attorneys’
fees.
Consultant shall incorporate similar indemnity agreements with its subcontractors and if
it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and
failure of City to monitor compliance with these provisions shall not be a waiver hereof. This
indemnification includes claims or liabilities arising from any negligent or wrongful act, error or
omission, or reckless or willful misconduct of Consultant in the performance of professional
services hereunder. The provisions of this Section do not apply to claims or liabilities occurring
as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent
permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence,
except that design professionals’ indemnity hereunder shall be limited to claims and liabilities
arising out of the negligence, recklessness or willful misconduct of the design professional. The
indemnity obligation shall be binding on successors and assigns of Consultant and shall survive
termination of this Agreement.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Consultant shall keep, and require subcontractors to keep, such ledgers, books of
accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the
disbursements charged to City and services performed hereunder (the “books and records”), as
shall be necessary to perform the services required by this Agreement and enable the Contract
Officer to evaluate the performance of such services. Any and all such documents shall be
maintained in accordance with generally accepted accounting principles and shall be complete
and detailed. The Contract Officer shall have full and free access to such books and records at all
times during normal business hours of City, including the right to inspect, copy, audit and make
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records and transcripts from such records. Such records shall be maintained for a period of three
(3) years following completion of the services hereunder, and the City shall have access to such
records in the event any audit is required. In the event of dissolution of Consultant’s business,
custody of the books and records may be given to City, and access shall be provided by
Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully
cooperate with the City in providing access to the books and records if a public records request is
made and disclosure is required by law including but not limited to the California Public Records
Act.
6.2 Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports
concerning the performance of the services required by this Agreement as the Contract Officer
shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost
of work and services to be performed pursuant to this Agreement. For this reason, Consultant
agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that
may or will materially increase or decrease the cost of the work or services contemplated herein
or, if Consultant is providing design services, the cost of the project being designed, Consultant
shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the
estimated increased or decreased cost related thereto and, if Consultant is providing design
services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes,
computer files, reports, records, documents and other materials (the “documents and materials”)
prepared by Consultant, its employees, subcontractors and agents in the performance of this
Agreement shall be the property of City and shall be delivered to City upon request of the
Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim
for further employment or additional compensation as a result of the exercise by City of its full
rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any
use, reuse or assignment of such completed documents for other projects and/or use of
uncompleted documents without specific written authorization by the Consultant will be at the
City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties
shall not extend to such use, reuse or assignment. Consultant may retain copies of such
documents for its own use. Consultant shall have the right to use the concepts embodied therein.
All subcontractors shall provide for assignment to City of any documents or materials prepared
by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify
City for all damages resulting therefrom. Moreover, Consultant with respect to any documents
and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such
documents and materials are hereby deemed “works made for hire” for the City.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in
performance of this Agreement shall be considered confidential, unless such information is in the
public domain or already known to Consultant. Consultant shall not release or disclose any such
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information or work product to persons or entities other than City without prior written
authorization from the Contract Officer.
(b) Consultant, its officers, employees, agents or subcontractors, shall not,
without prior written authorization from the Contract Officer or unless requested by the City
Attorney, voluntarily provide documents, declarations, letters of support, testimony at
depositions, response to interrogatories or other information concerning the work performed
under this Agreement. Response to a subpoena or court order shall not be considered “voluntary”
provided Consultant gives City notice of such court order or subpoena.
(c) If Consultant, or any officer, employee, agent or subcontractor of
Consultant, provides any information or work product in violation of this Agreement, then City
shall have the right to reimbursement and indemnity from Consultant for any damages, costs and
fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct.
(d) Consultant shall promptly notify City should Consultant, its officers,
employees, agents or subcontractors be served with any summons, complaint, subpoena, notice
of deposition, request for documents, interrogatories, request for admissions or other discovery
request, court order or subpoena from any party regarding this Agreement and the work
performed there under. City retains the right, but has no obligation, to represent Consultant or be
present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully
with City and to provide City with the opportunity to review any response to discovery requests
provided by Consultant. However, this right to review any such response does not imply or mean
the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to
performance of the parties in accordance with the laws of the State of California. Legal actions
concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be
instituted in the Superior Court of the County of Los Angeles, State of California, or any other
appropriate court in such county, and Consultant covenants and agrees to submit to the personal
jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District
Court, venue shall lie exclusively in the Central District of California, in the County of Los
Angeles, State of California.
7.2 Disputes; Default.
In the event that Consultant is in default under the terms of this Agreement, the City shall
not have any obligation or duty to continue compensating Consultant for any work performed
after the date of default. Instead, the City may give notice to Consultant of the default and the
reasons for the default. The notice shall include the timeframe in which Consultant may cure the
default. This timeframe is presumptively thirty (30) days, but may be extended, though not
reduced, if circumstances warrant. During the period of time that Consultant is in default, the
City shall hold all invoices and shall, when the default is cured, proceed with payment on the
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invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the
outstanding invoices during the period of default. If Consultant does not cure the default, the
City may take necessary steps to terminate this Agreement under this Article. Any failure on the
part of the City to give notice of the Consultant’s default shall not be deemed to result in a
waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant
(whether or not arising out of this Agreement) (i) any amounts the payment of which may be in
dispute hereunder or which are necessary to compensate City for any loss es, costs, liabilities, or
damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by
reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s
obligation under this Agreement. In the event that any claim is made by a third party, the amount
or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear
to be the basis for a claim of lien, City may withhold from any payment due, without liability for
interest because of such withholding, an amount sufficient to cover such claim. The failure of
City to exercise such right to deduct or to withhold shall not, however, affect the obligations of
the Consultant to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this
Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any
party of any breach of the provisions of this Agreement shall not constitute a waiver of any other
provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of
the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by
a non-defaulting party on any default shall impair such right or remedy or be construed as a
waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of
any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this
Agreement, the rights and remedies of the parties are cumulative and the exercise by either party
of one or more of such rights or remedies shall not preclude the exercise by it, at the same or
different times, of any other rights or remedies for the same default or any other default by th e
other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in
equity, to cure, correct or remedy any default, to recover damages for any default, to compel
specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain
any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary
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provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections
905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7.7 Liquidated Damages.
Since the determination of actual damages for any delay in performance of this
Agreement would be extremely difficult or impractical to determine in the event of a breach of
this Agreement, the Consultant and its sureties shall be liable for and shall pay to the City the
sum of $0 (Zero Dollars) as liquidated damages for each working day of delay in the
performance of any service required hereunder. The City may withhold from any monies payable
on account of services performed by the Contractor any accrued liquidated damages.
7.8 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided
in the following Section for termination for cause. The City reserves the right to terminate this
Contract at any time, with or without cause, upon thirty (30) days’ written notice to Consultant,
except that where termination is due to the fault of the Consultant, the period of notice may be
such shorter time as may be determined by the Contract Officer. In addition, the Consultant
reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60)
days’ written notice to City, except that where termination is due to the fault of the City, the
period of notice may be such shorter time as the Consultant may determine. Upon receipt of any
notice of termination, Consultant shall immediately cease all services hereunder except such as
may be specifically approved by the Contract Officer. Except where the Consultant has initiated
termination, the Consultant shall be entitled to compensation for all services rendered prior to the
effective date of the notice of termination and for any services authorized by the Contract Officer
thereafter in accordance with the Schedule of Compensation or such as may be approved by the
Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated
termination, the Consultant shall be entitled to compensation only for the reasonable value of the
work product actually produced hereunder. In the event of termination without cause pursuant to
this Section, the terminating party need not provide the non-terminating party with the
opportunity to cure pursuant to Section 7.2.
7.9 Termination for Default of Consultant.
If termination is due to the failure of the Consultant to fulfill its obligations under this
Agreement, City may, after compliance with the provisions of Section 7.2, take over the work
and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable
to the extent that the total cost for completion of the services required hereunder exceeds the
compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate
such damages), and City may withhold any payments to the Consultant for the purpose of set-off
or partial payment of the amounts owed the City as previously stated.
7.10 Attorneys’ Fees.
If either party to this Agreement is required to initiate or defend or made a party to any
action or proceeding in any way connected with this Agreement, the prevailing party in such
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action or proceeding, in addition to any other relief which may be granted, whether legal or
equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s
fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other
reasonable costs for investigating such action, taking depositions and discovery and all other
necessary costs the court allows which are incurred in such litigation. All such fees shall be
deemed to have accrued on commencement of such action and shall be enforceable whether or
not such action is prosecuted to judgment.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Consultant, or any
successor in interest, in the event of any default or breach by the City or for any amount which
may become due to the Consultant or to its successor, or for breach of any obligation of the
terms of this Agreement.
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall
acquire any interest, directly or indirectly, which would conflict in any manner with the interests
of City or which would in any way hinder Consultant’s performance of services under this
Agreement. Consultant further covenants that in the performance of this Agreement, no person
having any such interest shall be employed by it as an officer, employee, agent or subcontractor
without the express written consent of the Contract Officer. Consultant agrees to at all times
avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City
in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in
this Agreement nor shall any such officer or employee participate in any decision relating to the
Agreement which affects her/his financial interest or the financial interest of any corporation,
partnership or association in which (s)he is, directly or indirectly, interested, in violation of any
State statute or regulation. The Consultant warrants that it has not paid or given and will not pay
or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons
claiming under or through them, that there shall be no discrimination against or segregation of,
any person or group of persons on account of race, color, creed, religion, sex, gender, sexual
orientation, marital status, national origin, ancestry or other protected class in the performance of
this Agreement. Consultant shall take affirmative action to insure that applicants are employed
and that employees are treated during employment without regard to their race, color, creed,
religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other
protected class.
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8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal
Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection
therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ
such unauthorized aliens for the performance of work and/or services covered by this
Agreement, and should any liability or sanctions be imposed against City for such use of
unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such
liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees,
incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either
party desires or is required to give to the other party or any other person shall be in writing and
either served personally or sent by prepaid, first-class mail, in the case of the City, to the City
Manager and to the attention of the Contract Officer (with her/his name and City title), City of
Rancho Palos Verdes, 30940 Hawthorne Blvd., Rancho Palos Verdes, California 90275 and in
the case of the Consultant, to the person(s) at the address designated on the execution page of
this Agreement. Either party may change its address by notifying the other party of the change of
address in writing. Notice shall be deemed communicated at the time personally delivered or in
seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the authorship
of this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an
original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive
expression of the understanding of the parties. It is understood that there are no oral agreements
between the parties hereto affecting this Agreement and this Agreement supersedes and cancels
any and all previous negotiations, arrangements, agreements and understandings, if any, between
the parties, and none shall be used to interpret this Agreement. No amendment to or modification
of this Agreement shall be valid unless made in writing and approved by the Consultant and by
the City Council. The parties agree that this requirement for written modifications cannot be
waived and that any attempted waiver shall be void.
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9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or
sections contained in this Agreement shall be declared invalid or unenforceable by a valid
judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall
not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this
Agreement which are hereby declared as severable and shall be interpreted to carry out the inten t
of the parties hereunder unless the invalid provision is so material that its invalidity deprives
either party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in
this Agreement, nor shall any official, officer, or employee of City participate in any decision
relating to this Agreement which may affect his/her financial interest or the financial interest of
any corporation, partnership, or association in which (s)he is directly or indirectly interested, or
in violation of any corporation, partnership, or association in which (s)he is directly or indirectly
interested, or in violation of any State or municipal statute or regulation. The determination of
“financial interest” shall be consistent with State law and shall not include interests found to be
“remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant
warrants and represents that it has not paid or given, and will not pay or give, to any third party
including, but not limited to, any City official, officer, or employee, any money, consideration,
or other thing of value as a result or consequence of obtaining or being awarded any agreement.
Consultant further warrants and represents that (s)he/it has not engaged in any act(s),
omission(s), or other conduct or collusion that would result in the payment of any money,
consideration, or other thing of value to any third party including, but not limited to, any City
official, officer, or employee, as a result of consequence of obtaining or being awarded any
agreement. Consultant is aware of and understands that any such act(s), omission(s) or other
conduct resulting in such payment of money, consideration, or other thing of value will render
this Agreement void and of no force or effect.
Consultant’s Authorized Initials _______
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such
party is duly organized and existing, (ii) they are duly authorized to execute and deliver this
Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally
bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not
violate any provision of any other Agreement to which said party is bound. This Agreement shall
be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first-above written.
CITY:
CITY OF RANCHO PALOS VERDES, a
municipal corporation
Eric Alegria, Mayor
ATTEST:
Emily Colborn, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
William W. Wynder, City Attorney
CONSULTANT:
ENVIRONMENTAL SCIENCES ASSOCIATES, a
California corporation
By:
Name: Albert Cuisinot
Title: Chief Financial Officer
By:
Name: Ruta K. Thomas
Title: Senior Vice President
Address: 626 Wilshire Blvd. Suite 100
Los Angeles, CA 90017
Two corporate officer signatures required when Consultant is a corporation, with one signature required
from each of the following groups: 1) Chairman of the Board, President or any Vice President ; and 2)
Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CON SULTANT’S
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INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR
OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2021 before me, ________________, personally appeared ________________, proved to me on
the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
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Though the data below is not required by law, it may prove valuable to persons relying on the document and could
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PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
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the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that d ocument.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2021 before me, ________________, personally appeared ________________, proved to me on
the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
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EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will complete the following services to ensure the timely update of the City of
Rancho Palos Verdes’ Housing Element, including all legally mandated requirements for
California Housing Elements:
A. Project Administration
1. Project Kick-Off Meeting
Following receipt of the notice to proceed, Consultant will coordinate with City
staff to schedule a project kick-off meeting to refine and operationalize the scope
of services, and to develop a shared vision for the partnership between the
Consultant and the City staff.
Broadly, the kick-off agenda will include discussing the City’s preferences for
communications, coordination, and deliverables. More specifically, the meeting
agenda will cover project background and goals, objectives and key action items
such as refining the project schedule, identifying project data needs, discussing
the City’s preferred approaches to community outreach, and delineating roles and
responsibilities of the Consultant and City staff.
As a follow-up to the kickoff meeting, the Consultant will prepare a written
request for information from the City for project background information, data,
staff, and community contacts. Specifically, at this early stage, Consultant will
review the annual Housing Element status reports, other documents pertaining to
housing production and implementation of the existing Housing Element, the
status of the existing housing sites inventory, housing policies, housing access,
any recent community needs assessments, and the City’s long-term growth plans.
As work on the Housing Element progresses, Consultant will prepare additional
requests for information as needed.
If permissible by public health standards at the time, Consultant will coordinate a
short driving tour of Rancho Palos Verdes with City staff to ensure that the
Consultant is well informed regarding the status of the existing sites inventory and
anticipated new opportunity sites and growth areas. Consultant and City staff will
take this opportunity to discuss any initial needs for policy and program updates
that staff have already identified. Alternatively, an online virtual meeting and/or
presentation would be arranged.
2. Project Schedule Development
Within 10 working days after the kick-off meeting, Consultant will provide the
City with a finalized project schedule that identifies the tasks and milestones
necessary for reaching the goal of submitting an adopted, certifiable Housing
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Element Update to the California Department of Housing and Community
Development (HCD).
As part of the twice a week meetings, Consultant will review the project timeline
and status of tasks with City staff. If any schedule modifications are needed, those
modifications will be presented to the City at the bi-weekly meetings and formally
requested on or before the 30th of each month.
3. Project Coordination
Consultant will meet bi-weekly with City staff to assess progress on the scope of
work and completion of project deliverables. Consultant will provide ongoing
project management services to ensure close coordination between City staff and
Consultant. Consultant will be in ongoing communication with Subconsultants to
ensure smooth and seamless coordination between all team members.
Furthermore, if allowed by City protocols, Consultant can maintain an internet-
based folder to facilitate file sharing between the Consultant and City staff.
B. Housing Element Assessment and Analysis
1. Evaluation of the 2013-2021 Housing Element
For this subtask, Consultant will determine the effectiveness of the current
Housing Element to identify policies and/or programs: that have been
successful for the City; that the City has had difficulty implementing; that
have not had the desired effects; and/or need to be updated for the next
planning period. Specifically:
• Consultant will request and review City staff’s evaluation of, and
suggested revisions to, the current Housing Element for
compliance with State law, HCD requirements, and for any other
possible gaps in the analysis.
• Consultant will request and review staff’s identification of any
obsolete information (i.e., tables, exhibits, illustrations, etc.) in the
2013-2021 Housing Element to ensure that this information is
removed. Consultant will also confirm any information that should
remain as part of the update.
• Consultant will review the City’s progress towards meeting the
identified goals, policies, and programs of the previous cycle 2013-
2021 Housing Element, based on information on housing
production and program implementation, to be requested from City
staff.
• Consultant will conduct a review of local resources directed
toward and utilized for affordable housing. This analysis will
include reviewing utilization of local and regional funds and
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resources, as well as partnerships with nonprofit organizations and
other governmental entities that were exercised to create housing
opportunities for the stated target populations.
2. Housing Assessment and Needs Analysis
Consultant will compile and analyze the data needed to prepare an updated
Housing Needs Assessment that documents existing and anticipated future
housing needs within the City. The demographic, economic, infrastructure, and
housing data collected will allow for analysis of both socioeconomic and housing
market trends. The analysis will be structured to align with the HCD Building
Blocks and other relevant guidance. The data will include City and the County of
Los Angeles population, resident, and household demographics, and household
and employment growth trends. The main data sources will be available data
products published by the U.S. Census Bureau, as well as information published
by HUD and the Southern California Association of Governments (SCAG).
The needs assessment will also provide a comparison between historical and
projected population, household, and employment characteristics and the current
RHNA published by SCAG. In addition to the socioeconomic trends analysis,
Consultant will document current and historical housing market conditions and
trends within the City, as well as Los Angeles County. This subtask will include
an evaluation of existing housing stock characteristics, including the distribution
of units by type and age, as well as vacancy and pricing trends. Consultant will
use the HUD Comprehensive Housing Affordability Strategy (CHAS) dataset to
document the number and percent of households that suffer from overpayment
and/or overcrowding, by tenure and income level. The analysis will also identify
the inventory of existing assisted housing developments that are anticipated to be
at risk for conversion to market rate within the next ten years. Per the HUD
Building Blocks, Consultant will also evaluate the relative housing needs of a
variety of special needs populations, including farmworkers, large families,
female-headed households, people experiencing homelessness, people with
disabilities including the developmentally disabled, and seniors. City staff will
identify any additional local special needs populations that should be analyzed.
The analysis will rely on a variety of data sources, as prescribed by HCD, and
utilize various Census Bureau data products, among other sources.
In recognition of the new requirements under AB 686 for Affirmatively
Furthering Fair Housing (AFFH), Consultant will add a supplemental data
component to the Housing Needs Assessment so that staff can evaluate patterns of
segregation and impediments to fair housing choice within the City. The analysis
will rely on data published by the U.S. Census Bureau and HUD to identify
patterns of racial and ethnic integration. This will include identification of
Racially and Ethnically Concentrated Areas of Poverty (RCAPs and ECAPS) and
calculation of indexes of isolation and dissimilarity. Consultant will also request
information on fair housing complaints from the City, the HUD Office of Fair
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Housing and Equal Opportunity, and the California Department of Fair
Employment and Housing, and information regarding hate crimes from the
Federal Bureau of Investigations and the Rancho Palos Verdes Police
Department. Lastly, Consultant will request information from the City regarding
the availability of fair housing services, education, and outreach, and will conduct
up to four interviews with fair housing advocates and service providers to discuss
local impediments to fair housing choices.
3. Adequate Sites Analysis
Consultant will provide an updated sites inventory for inclusion in the
Housing Element Update. The updated sites inventory will demonstrate how the
City can fully accommodate its RHNA within the new Housing Element planning
period with land suitable for residential development. In order to address the “no
net loss” provisions of Government Code Section 65863, the inventory will
include sites sufficient to accommodate more housing than required by the City’s
RHNA. Consultant will evaluate the existing housing sites inventory, the adopted
General Plan, and relevant specific plans in order to adequately identify existing
capacity for residential and mixed-use zoned sites that could potentially meet the
City’s RHNA requirement.
Further, Consultant will work with the City to complete an analysis of nonvacant
residential and mixed-use sites to address a portion of the RHNA, including the
development potential within the planning period, by considering the extent that a
nonvacant site’s existing use impedes additional residential development, the
City’s past experience converting existing uses to higher density, market trends
and conditions, and regulatory or other incentives/standards that encourage
additional housing development on nonvacant sites. The inventory will include
the identification of how many units are feasible on each residential and mixed-
use zoned site and what income category they are appropriate for based on state
approved methodology.
With the current housing sites inventory as a starting point, Consultant will work
with the City to determine which sites are viable RHNA sites to meet housing
targets based on new state law requirements, including, but not limited to:
Conducting additional analysis for residential and mixed-use zoned sites smaller
than one half acre, larger than 10 acres; Conducting additional analysis for
underutilized residential and mixed-use zoned sites; Identifying residential and
mixed-use sites included in the past two housing element cycles that are now
required to allow affordable housing by right; Identifying if residential and
mixed-use zoned sites are publicly owned; and Indicating whether a residential
and mixed-use zoned site has available or planned and accessible infrastructure.
Consultant will incorporate existing HCD guidance to coordinate the sites
inventory process through the lens of the AFFH requirements and identify any
necessary remediation. Such requirements will determine the extent to which the
locations of proposed sites are to be made available for housing development that
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will help to affirmatively further fair housing in compliance with AB 686. Finally,
Consultant would comply with anticipated HCD guidance requiring the submittal
of the sites inventory in electronic form, along with its inclusion in the Housing
Element Update. Consultant will provide a Housing Sites Inventory list for
inclusion in the draft section of the Housing Element Update.
If suitable sites to meet the City’s RHNA are not able to be identified through the
inventory of appropriately zoned vacant and non ‐vacant sites, then additional
analysis will be conducted. This analysis will include evaluation of changes to
City zoning to accommodate additional units, including increasing densities,
increasing building heights, re ‐designating/rezoning additional sites, or other
techniques. To the extent that the City is unable to identify adequate sites,
Consultant will work with the City to develop a Housing Element program for
post-adoption implementation. This program would commit the City to create
additional housing development capacity through a strategy or multiple strategies,
such as rezoning, such that the City can accommodate the unmet RHNA within
three years of adopting the Housing Element Update.
4. Housing Production Constraints Analysis
Per the HCD Building Blocks for Housing Elements, Consultant will
identify and analyze potential and actual governmental and nongovernmental
constraints to the maintenance, improvement, preservation, and/or development of
housing for households at all income levels, including housing for persons with
disabilities. The analysis will identify the specific standards and processes that
constitute constraints and evaluate their impact on the supply and affordability of
housing in the City. The analysis will also determine whether local regulatory
standards pose an actual or perceived constraint and will identify existing efforts
and other possible approaches to removing them. The categories of governmental
opportunities and constraints evaluated will include:
• Adopted codes and code enforcement measures;
• On- and offsite improvement standards;
• Adopted fees and exactions;
• Land-use controls;
• Infrastructure limitations;
• Environmental constraints;
• Processing and permitting procedures; and
• Other applicable City policies and programs to be identified in
consultation with City staff.
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The non-governmental constraints analysis will cover topics including land costs,
construction costs, and the availability and complexity of financing. To identify
opportunities, constraints, and potential approaches to overcoming constraints,
Consultant will interview staff from several departments, including Public Works,
Community Development, and the City Manager’s Office.
5. Housing Goals, Policies, and Quantified Objectives
The development of quantified objectives is the key deliverable that the
Housing Element Update will work toward throughout the process. Analyzing
past outcomes, defining the community’s current housing circumstances,
understanding opportunities and constraints, identifying properties for future
housing development, and gathering input from a variety of community
stakeholders, will all lead to establishing the City’s housing development goals
for the 2021-2029 Housing Element planning cycle. Some of these findings will
lead to updates to existing objectives, while others will generate new ideas and
goals aiming to meet the City’s RHNA requirements. Throughout the Housing
Element Update contract, Consultant will work with the City and community to
develop housing goals and objectives. Consultant will maintain a running list of
potential goals and objectives, which will evolve into definitive goals and
objectives by the end of the process.
C. Public Engagement
1. Public Outreach Program Development and Two Community Meetings
(a) Public Engagement Program
Upon consultation with the City, Consultant will develop a draft of
a Public Engagement Program detailing the management of an
outreach campaign and related aspects. In preparation, Consultant
will review any existing or previous outreach efforts regarding
previous Housing Element Updates, City policies that are currently
in place and take that information into consideration.
Consultant will present a draft to the City for approval, review any
suggestions, and submit the final draft for the City’s approval.
Throughout, Consultant will work with the City to foster ongoing
collaboration in support of the City’s effort to update the new
Housing Element of the City’s General Plan. The Public
Engagement Program for the Housing Element Update will
incorporate:
• A public noticing and promotional strategy aimed at
generating widespread awareness and understanding of the
Housing Element Update as well as its exact purpose
within the General Plan among targeted audiences within
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the Rancho Palos Verdes Engagement will include
vulnerable populations within the city such as seniors,
disabled, and affordable housing advocates to ensure all
stakeholders are engaged - even disadvantaged
communities. This strategy will take into consideration
socially conscious communications with target audiences
and stakeholders across multiple platforms, such as
community workshops (including web-based video
conferencing), canvassing, mailings, and social media.
• A stakeholder database populated with contacts within the
City generated from research and outreach activities,
tracking interested individuals and community groups,
business owners and employees, community stakeholders
and organizations, and any other interested stakeholders. A
registry log of potential concerns and any risks, as well as a
plan of action to monitor and address these concerns in an
effective and efficient manner throughout the development
of the new Housing Element.
• Effective additional public engagement with specific target
audiences and any external stakeholders identified by the
City.
(b) Web and Social Media Sharing Platform
Consultant will work with the project team and City staff to
incorporate a web and social media-based information sharing
platform for the duration of the public engagement plan. This
social media platform can include many different facets such as
more standardized traditional mediums such as Facebook, Twitter
and Instagram or encompass newer programs such as Snapchat,
Nextdoor and Reddit.
Dedicated Project Webpage: Consultant recommends that the City
establishes a dedicated webpage for the Housing Element that can
serve as a central hub to house collateral materials, give project
updates and function as the go-to location for any stakeholders
interested in keeping track of the Housing Element’s timeline and
progress. Consultant can create web content and host it on a private
server or create content to provide the City if they would like to
host it on their own servers.
Social Media Sharing Platforms: Social media is a community
effort, and the best conversations are always dialogues, not
monologues. Dialogue allows energy to flow back and forth and
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find the best bits of information. The City already possesses a
strong and productive presence on multiple social media accounts,
which is an encouraging and useful edge that other communities do
not always have when it comes to public engagement.
(c) Meeting and Event Collateral Materials
Under the direction from the City, Consultant will develop
collateral materials for the public hearings, including graphics,
images, illustrations, and drawings, including content for social
media and a potential project website. Developed materials will
include high-quality written, audio, and visual communications
that provide an overview of the purpose, process, and anticipated
timeline of the Housing Element Update process in a manner that
can be easily digested and understood by members of the public.
Consultant’s graphic design studio will also utilize City-approved
existing graphic templates that can be applied to all collateral
materials of the Housing Element. This will present a coordinated,
cohesive look for informational and promotional material.
Moreover, City-approved templates also streamline the creation of
collateral material when a quick turnaround is required.
(d) Community Meetings
Consultant will work with the City to facilitate and attend up to
two community workshops. Consultant will strive to ensure a safe,
comfortable, and engaging environment for attendees, adhering to
ongoing public health policies and dependent on COVID-19
regulations. Consultant’s goal will be to maximize participation,
stimulate discussion, and promote feedback regarding the Housing
Element Update, being careful to identify and address local
community concerns in regard to the past, present and future
Housing Elements.
Connecting with the public has always been a challenging feat and
having to navigate through the COVID-19 crisis has complicated
matters. Consultant will work with the City to strategically reach
out to stakeholders that have been identified as key individuals and
organizations regarding the Housing Element in the City.
Consultant will assist the City in showing these target audiences
that the City is maintaining a dedication to regional investments
and building partnerships with community leaders and civic groups
during this difficult time. Consultant will collaborate with the City
to identify and coordinate workshops (whether in-person or online)
with key community stakeholders, including neighborhood
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associations and housing leaders to encourage them to participate
in the events.
Conducting these workshops with community members allows the
Consultant to interact with stakeholders and gather their feedback
on the Housing Element Update, this is especially important as it is
this exact feedback that may have been missed or not received
from previous years in the City.
2. Stakeholder Interviews
Consultant will work together to conduct up to 16 virtual stakeholder interviews
over two days. The purpose of these stakeholder interviews will be to understand
community needs associated with fair housing, to gain deeper insight into
community housing needs from specific perspectives (such as social service
providers or educators), and to understand the developer perspective regarding
opportunities and challenges for residential development. Consultant assumes that
they would conduct the interviews online, and collaboratively develop the list of
interviewees and questions with City staff.
D. Planning Commission and City Council Workshops
To complement the public engagement process, Consultant will facilitate two
public hearings/workshops or one joint workshop for the Planning Commission
and City Council. At these workshops, Consultant will present Housing Element
Update research to date, such as opportunities and constraints, and potential
programs and policies. Consultant will solicit feedback and ideas from
Commissioners and Council members.
E. Draft 2021-2029 Housing Element Update
1. Administrative Draft Housing Element Update
Review of each Housing Element Update section will occur as they are
completed, sequentially. Consultant will provide preliminary draft work products
for review by City staff as work progresses.
2. Public Draft Housing Element Update
Building from the series of public workshops and dialogues with the community
and stakeholders up until this point, Consultant will work with City staff to review
comments and suggestions. For outreach, Consultant will utilize a list of
organizations, institutions, community groups, and community members, to be
developed in coordination with the City. Consultant will conduct public outreach
and notify the public of the availability of the first draft of the Housing Element
Update. Consultant will work closely with City staff to review public comments,
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and consider how best to incorporate the comments that are received into the
Housing Element Update.
3. Public Noticing
Following the statutory noticing requirements for Housing Elements and General
Plans, based on a list provided by the City, Consultant will prepare and carry out
all public noticing and required consultations and notifications for General Plan
Updates per the local and State regulations. Consultant will work with City
communications staff to the extent they are available, to incorporate
announcements into City print and electronic publications and on City websites.
Consultant will work closely with City staff to review public comments, and
consider how best to incorporate the comments that are received into the Housing
Element Update.
F. General Plan Consistency and Environmental Review
1. General Plan Amendment
Consultant shall identify sections of the City’s General Plan Land Use Element
that may need to be amended to be in compliance with State law and be consistent
with the 2021-2029 Housing Element.
2. Environmental Determination
Consultant will attend a kickoff meeting with City staff prior to commencing
work on the environmental document. Subjects for review and discussion at this
meeting will include, but not be limited to:
• Identifying project description details;
• Identifying any prior environmental documentation that may be
relevant to the Housing Element Update;
• Identifying project databases, sources of information, and key
contacts;
• Establishing and confirming the scope of work, level of analysis,
budget, schedule, and communication protocols; and
• Identifying key issues known to be of concern to agencies, interest
groups, and the public.
It is assumed that the City will provide any site-specific studies prepared to date,
exhibits, project description details, and materials for development of the
environmental document at the kick-off meeting. If additional data are required,
Consultant will submit a memo detailing data needs to the City with
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recommendations on how best to respond. Consultant will become familiar with
the project and review available technical data.
Upon receipt of necessary project information identified in Consultant’s data
needs list, Consultant will prepare a draft Initial Study/Mitigated Negative
Declaration (IS/MND) Project Description for City review, which will include: a
project location map; a description of the regional and local setting; the housing
element history; project objectives; planning context; population and housing
characteristics and trends; opportunity sites, if any; General Plan and/or zoning
text/map revisions; and other information important to providing an
understanding the proposed project. In addition, the Project Description will be
based on the Draft Housing Element Update and will include, but not be limited
to, background information on State Housing Element requirements, the City
Housing Element Update process to date, Project Objectives, and a summary of
the Housing Element Update goals, land use and zoning changes, and growth
assumptions. The Project Description is a critical part of the Draft IS/MND, as it
serves as the foundation for the environmental analysis. Upon receipt of the City’s
consolidated comments, Consultant will make necessary changes to the Project
Description and submit for the City’s final review and approval. Consultant
assumes that two iterations of the Project Description will be required.
3. Draft Initial Study/Mitigated Negative Declaration (Draft IS/MND)
An IS/MND will be prepared in compliance with local requirements, CEQA
requirements (Public Resources Code 2100 et seq), and the State CEQA
Guidelines (California Code of Regulations, Section 1500 et seq). The format of
the IS/MND and thresholds of significance will be discussed and confirmed with
the City prior to start of the Draft IS/MND. As described in Task 5.2.1 above,
Consultant will prepare a draft Project Description for City review at the outset of
IS/MND preparation.
The scope of the environmental impact analyses in the Draft IS/MND will be
determined by the Initial Study and may be modified to include additional topics
based on comments received during the NOP comment period. The Draft
IS/MND will include all of the components required by CEQA, including a table
of contents, introduction, executive summary, project description, introduction to
analysis, environmental analysis for each environmental issue area evaluated,
alternatives, long term implications, a list of preparers, references, and technical
appendices. Additionally, if mitigation measures are identified, a Mitigation
Monitoring and Reporting Program (MMRP) will be prepared.
Consultant will prepare an Administrative Draft IS/MND for a 30-day internal
City staff review period. After receipt of comments from the City, and based on
the level of effort established in the budget, the Draft IS/MND will be revised to
respond to City comments.
4. Environmental Noticing, Outreach, and Filing
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Consultant will prepare a Notice of Completion (NOC) to adopt the IS/MND, and
submit it along with the IS/MND online to the State Clearinghouse via CEQANet
(as per Covid-19 protocols) for the required public review period. The NOC will
indicate which reviewing agencies should receive a copy of the document.
Consultant will also post the Notice of Intent (NOI) with the County Clerk of Los
Angeles (via FedEx as per Covid-19 protocols). As deemed necessary by the City,
Consultant will arrange for publication of the NOI in one newspaper of general
circulation. Finally, Consultant will be responsible for distribution of the IS/MND
to no more than 30 agencies, interested organizations, and selected public
libraries.
If the Housing Element Update is approved and the IS/MND is adopted,
Consultant will prepare a Notice of Determination (NOD) consistent with
Appendix D of the State CEQA Guidelines in a format typically used by the City.
Within 5 days of certification of the IS/MND by the City Council, Consultant will
file the NOD with the County Clerk of Los Angeles. It is assumed that the City
will provide both the County and CDFW filing fees. Filing of the NOD starts a
30-day statute of limitations for CEQA challenges on the Housing Element
Update.
5. Final IS/MND
Upon completion of the public review period mandated by CEQA, Consultant
will review the comments on the Draft IS/MND and will prepare responses, as
necessary. This task is not required for IS/MNDs, but could be useful if many
public comments are received on the Draft IS/MND. Public reaction to the Draft
IS/MND cannot be predicted with accuracy and could range from a small number
of largely positive comments to a substantial number of strongly negative and
technically sophisticated comments. For the purposes of this proposal, it is
assumed that comments on the IS/MND will be light. The responses to comments
will be incorporated into the Final IS/MND document.
Consultant will prepare a Final IS/MND that makes changes to the IS/MND based
on public comment (via an errata) and includes responses to those comments. It is
assumed that Consultant will not respond to any more than 50 individual
comments. Consultant will also prepare a MMRP to document the timing and
responsibilities of any mitigation measures identified in the IS/MND. The text of
the Draft IS/MND will not be revised. At least 10 days prior to certification
hearings on the IS/MND, Consultant will distribute electronic copies of Final
IS/MND to agencies that commented on the Draft IS/MND and any other entities
that requested copies of the Final IS/MND.
Consultant will attend Planning Commission and City Council hearings
considering approval and certification of the Housing Element Update and
IS/MND. Attendance at these meetings are assumed to be online via a virtual
platform, unless public health mandates allow otherwise.
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G. Public Hearings
To ensure robust opportunities for the community and policy makers to provide public
input to the Housing Element update process, the Consultant will work with City staff to
facilitate the Planning Commission and City Council hearings, including presenting
information from the Needs Assessment and Policy documents, responding to questions,
and receiving comments. In addition, Consultant and City staff will solicit Planning
Commission direction for any desired changes to the Housing Element policies or
programs prior to submitting the revised Draft Housing Element Amendments to HCD
for its statutory review. Upon completion of the meetings, Consultant will compile all
comments and will revise the draft documents in accordance with the direction provided
by the Planning Commission for submittal to HCD.
After receipt of HCD comments on the Draft Housing Element Update, Consultant will
coordinate with City staff to identify necessary revisions to the Draft Housing Element
Update and bring the revised Draft Housing Element documents back to the Planning
Commission in order to address any residual questions or concerns and to secure their
recommendation that the City Council adopt the Housing Element Update. Consultant
will then coordinate with City staff to present the revised Housing Element Update
documents to the City Council for adoption. The presentation will include a brief
overview of key needs assessment findings, a summary of the public input received to
date, and a summary of key policy and program changes reflected in the Housing
Element Housing Element Update. Consultant and City staff will solicit input from the
public and from the City Council. To the extent that the Council directs staff to make
modifications to the Housing Element documents as part of the adoption proceedings,
Consultant will incorporate the changes into the document in preparation for submitting
the adopted Housing Element Update to HCD for its certification review.
Consultant will plan to attend up to 4 public hearings held by the Planning Commission
or City Council, or both. To reduce redundant efforts, most of the materials produced for
the City Council and Planning Department would be produced in conjunction with the
public workshops. If requested, Consultant can create a fact sheet for the City Council
and Planning Commissioners.
H. Final Housing Element Update
Following the public review and comment period, Consultant will prepare the Final Draft
Housing Element Update in response to comments from State HCD, responsible
agencies, City staff, the Planning Commission, City Council, and the public.
I. State Certification and City Adoption
Upon adoption by City Council, Consultant will prepare a final adopted version of the
Housing Element Update with the date of adoption prominently displayed on the front
cover and throughout the document to distinguish it from other prior draft versions of the
Housing Element as the official final document. Consultant will prepare and submit the
adopted Housing Element Update to HCD for final review and certification and for
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inclusion in the General Plan. Consultant will work closely with HCD and the City to
ensure that the City meets State requirements and will recommend modification to the
adopted Housing Element Update, if required, in order to obtain certification.
II. As part of the Services, Consultant will prepare and deliver the following tangible work
products to the City:
A. Summary memo evaluating the existing Housing Element progress and
implementation.
B. Housing assessment and needs analysis documentation including Housing Sites
Inventory list and figures.
C. Housing Element Update Report.
D. Public engagement program including meetings, web and social media based
information, event materials, stakeholder interviews and visioning summary
report.
E. Administrative draft Housing Element Update.
F. Public Draft Housing Element Update.
G. General Plan Review memo.
H. Administrative Draft Initial Study/ Mitigated Negative Declaration and related
documentation.
I. Final Initial Study/ Mitigated Negative Declaration and related documentation.
J. Final Housing Element Update and certification review by the State Department
of Housing and Community Development
III. In addition to the requirements of Section 6.2, during performance of the Services,
Consultant will keep the City appraised of the status of performance by delivering the
following status reports:
A. Twice a week updates on all work completed to-date, all work in progress, and all
potential concerns or delays for future work.
IV. All work product is subject to review and acceptance by the City, and must be revised by
the Consultant without additional charge to the City until found satisfactory and accepted
by City.
V. Consultant will utilize the following personnel to accomplish the Services:
A. Luci Hise-Fischer, ESA Project Director
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B. Ryan Todaro, ESA Project Manager
C. Dan Dameron, ESA Principal/Strategic Advisor
D. BAE Ubran Economics, Inc., Urban Economic and Real Estate Subconsultant
E. MBI Media, Strategic Communication and Media Subconsultant
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EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
I. Section 1.1, “Scope of Services,” is hereby amended as follows (deletions are marked
in strikethrough, additions are marked in bold, italics):
“In compliance with all terms and conditions of this Agreement, the Consultant
shall provide those services specified in the “Scope of Services” attached hereto
as Exhibit “A” and incorporated herein by this reference, which may be referred
to herein as the “services” or “work” hereunder. As a material inducement to the
City entering into this Agreement, Consultant represents and warrants that it has
the qualifications, experience, and facilities necessary to properly perform the
services required under this Agreement in a thorough, competent, and
professional manner, and is experienced in performing the work and services
contemplated herein. Consultant shall at all times faithfully, competently and to
the best of its ability, experience and talent, perform all services described herein.
Consultant covenants that it shall follow the highest ordinary and reasonable
professional standards in performing the work and services required hereunder
and that all materials will be both of good quality as well as fit for the purpose
intended. For purposes of this Agreement, the phrase “highest professional
standards” shall mean those standards of practice recognized by one or more first-
class similar firms performing similar work under similar circumstances.”
II. Section 7.8, “Termination Prior to Expiration of Term,” is hereby amended as
follows (deletions are marked in strikethrough, additions are marked in bold, italics):
“This Section shall govern any termination of this Contract except as specifically
provided in the following Section for termination for cause. The City reserves the
right to terminate this Contract at any time, with or without cause, upon thirty (30)
days’ written notice to Consultant, except that where termination is due to the
fault of the Consultant, the period of notice may be such shorter time as may be
determined by the Contract Officer. In addition, the Consultant reserves the right
to terminate this Contract at any time, with or without cause, upon sixty (60)
days’ written notice to City, except that where termination is due to the fault of
the City, the period of notice may be such shorter time as the Consultant may
determine. In addition, where termination is due to the fault of the City,
Contractor may elect to suspend services in lieu of termination until the default
of the City is cured. Upon receipt of any notice of termination, Consultant shall
immediately cease all services hereunder except such as may be specifically
approved by the Contract Officer. Except where the Consultant has initiated
termination, the Consultant shall be entitled to compensation for all services
rendered prior to the effective date of the notice of termination and for any
services authorized by the Contract Officer thereafter in accordance with the
Schedule of Compensation or such as may be approved by the Contract Officer,
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except as provided in Section 7.3. In the event the Consultant has initiated
termination, the Consultant shall be entitled to compensation only for the
reasonable value of the work product actually produced hereunder. In the event of
termination without cause pursuant to this Section, the terminating party need not
provide the non-terminating party with the opportunity to cure pursuant to Section
7.2.”
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EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks at the following rates:
TASK CONSULTANT
COSTS
SUBCONSULTANT
BAE COSTS
SUBCONSULTANT
MBI COSTS
A. Project Administration
1. Project Kick-Off Meeting $1,440 $1,610
2. Project Schedule
Development
$960 $1,140
3. Project Coordination $17,040
B. Housing Element
Amendment
Assessment and
Analysis
1. Evaluation of 2013-2021
Housing Element
$6,310
2. Housing Assessment and
Needs Analysis
$28,460
3. Adequate Sites Analysis $8,360
4. Housing Production
Constraints Analysis
$8,360
5. Housing Goals, Policies,
and Quantified
Objectives
$6,340
C. Public Engagement $3,480
1. Public Outreach Program
Development and Two
Community meetings
$3,610 $27,083.64
2. Stakeholder Interview $3,610 $17,694.38
D. Planning Commission $3,480 $6,245 $4,916.84
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and City Council
Workshops
E. Draft 2021-2029
Housing Element
Update
1. Administrative Draft
Housing Element Update
$4,880
2. Public Draft Housing
Element Update
$3,060
3. Public Noticing $390
F. General Plan
Consistency and
Environmental Review
$6,276.22
1. General Plan Amendment $3,260
2. Environmental
Determination
$4,780
3. Draft Initial
Study/Mitigated Negative
Declaration
$17,860
4. Environmental Noticing,
Outreach, and Filing
$3,880
5. Final IS/MND $10,920
G. Public Hearings $6,960 $4,100 $3,163.40
H. Final Housing Element
Update
$4,780
I. State Certification and
City Adoption
$2,050
J. Printing, travel,
postage, etc.
$1,250 $1,500 $9,000
K. Meeting Platform
Hosting (Zoom,
GoToWeb, Teams, etc.)
$500
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Total $75,310 $94,805 $68,634.48
TOTAL $238,749.48
II. A retention of ten percent (10%) shall be held from each payment as a contract
retention to be paid as part of the final payment upon satisfactory completion of
services.
Not Applicable
III. Within the budgeted amounts for each Task, and with the approval of the Contract
Officer, funds may be shifted from one Task subbudget to another so long as the
Contract Sum is not exceeded per Section 2.1, unless Additional Services are
approved per Section 1.9.
IV. The City will compensate Consultant for the Services performed upon submission of
a valid invoice. Each invoice is to include:
A. Line items for all personnel describing the work performed, the number of hours
worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting
documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials,
and travel properly charged to the Services.
V. The total compensation for the Services shall not exceed the Contract Sum as
provided in Section 2.1 of this Agreement.
VI. The Consultant’s billing rates for all personnel are attached as Exhibit C-1.
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EXHIBIT "C-1"
PERSONNEL RATES
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EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely in accordance with the following schedule.
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II. Consultant shall deliver the following tangible work products to the City by the following dates.
A. Summary memo evaluating the existing Housing Element progress and implementation – March 30, 2021
B. Housing assessment and needs analysis documentation including Housing Sites Inventory list and figures – March 30,
2021
C. Housing Element Update Report – May 31, 2021
D. Public engagement program including meetings, web and social media based information, event materials, stakeholder
interviews and visioning summary report – April 30, 2021
E. Administrative draft Housing Element Update – July 15, 2021
F. Public Draft Housing Element Update – August 15, 2021
G. General Plan Review memo – July 30, 2021
H. Administrative Draft Initial Study/ Mitigated Negative Declaration and related documentation – August 31, 2021
I. Final Initial Study/ Mitigated Negative Declaration and related documentation – October 31, 2021
J. Final Housing Element Update and certification review by the State Department of Housing and Community Development
– February 28, 2022
III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.
A-47
Request for Proposal and Qualifications
Housing Element Update
City of Rancho Palos Verdes
Date: September 28, 2020
Response Due: October 22, 2020
B-1
Released: September 28, 2020
Due: October 22, 2020
City of Rancho Palos Verdes – Professional Services
Consultant Request for Proposal and Qualifications
Project Objective: To provide professional services for the mandated update of the
City’s Housing Element.
Submission Due Date: October 22, 2020
Submit to: Octavio Silva
Deputy Director of Community Development
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, CA 90275
Refer General Octavio Silva
Questions to: via e-mail at octavios@rpvca.gov
B-2
Released: September 28, 2020
Due: October 22, 2020
I. INTRODUCTION
The City of Rancho Palos Verdes (the “City”) invites qualified Respondents to submit proposals to
provide consulting services for the update of the Housing Element of the City’s General Plan. The
City must update its Housing Element Update as mandated by State law for the 2021-2029
planning cycle, with completed certification by the State Department of Housing and Community
Development (“HCD”) by no later than October 15, 2021. The City is seeking a consultant with
prior experience working with HCD, equipped to develop creative solutions in furtherance of
affordable housing within a built-out coastal community, and with a comprehensive
understanding of current California housing laws and requirements.
The following defines the proposed project objectives, scope of services, proposal requirements,
selection process and other information required to prepare and submit a proposal including the
City’s template for professional services agreements under “Exhibit A”.
II. CITY PROFILE
The City of Rancho Palos Verdes is located in Los Angeles County, generally in the southwest area
of the greater Los Angeles Metropolitan Area on the southern edge of the Palos Verdes Peninsula.
The City is an approximately 13.5 square-mile built-out hillside coastal community with unique
environmental constraints and open-hazard areas that result in limited potential for
redevelopment opportunities. More specifically, the City’s developable areas are generally
influenced by steep hillside terrain and open space areas (many of which are protected), which
pose topographical and geographical constraints for development. In addition, many of the City’s
neighborhoods have streets that are narrow, steep and often dead end, which also poses
development challenges for both new and infill development. The entire City has also been
designated to be located within a High Fire Severity Zone, excluding portions of the City located
east of Western Avenue (approximately 98 acres).
The City’s 6th cycle Regional Housing Needs Assessment (RHNA) allocation is estimated to be:
Income Category Number of Units
Very Low 253
Low 139
Moderate 125
Above Moderate 121
Total 638
III. PROJECT OBJECTIVES
The Housing Element update project shall be guided by the following objectives:
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Released: September 28, 2020
Due: October 22, 2020
1. Comply with all City and state legal and regulatory requirements;
2. Produce a comprehensive document that addresses current and projected housing
conditions and needs in the City;
3. Ensure residents and stakeholders are engaged and participate in the update process to
facilitate community buy-in;
4. Achieve milestones with sufficient time for City and state oversight and review; and
5. Effectively coordinate with other consultants and City staff
IV. SCOPE OF WORK
The scope of work for the proposed Housing Element Update shall include the following tasks:
Task 1: Project Schedule
The consultant shall develop a timeline/ project schedule with milestones, deadlines,
meetings, and work products for the certification of the Housing Element by HCD. The project
schedule shall include a detailed explanation of all stages of the project, including, at a
minimum:
1. Kick off meeting with City staff to refine the scope of services;
2. Public outreach, workshops and public hearings;
3. Delivery of analysis and findings during assessment and development of the Housing
Element Update;
4. Response to HCD review and City staff review times;
5. Delivery of draft and final draft Housing Element;
Recommended minimum deliverables:
- refined scope of services, budget, and project schedule
- agenda and meeting summary for kick-off meeting
Task 2: Assessment and Analysis
The Consultant shall prepare an assessment and analysis of the existing housing supply and
resources. The Consultant shall also prepare an implementation program to meet the
requirements of State housing law. This shall include the following:
Evaluation of 2014-2021 Housing Element. The Consultant shall review and evaluate the
current Housing Element and associated programs to determine the revisions necessary
to comply with current State law mandates and to ensure certification by HCD.
Housing Assessment and Needs Analysis. In accordance with Government Code 65583,
the consultant shall complete a housing assessment consisting of the identification and
analysis of existing and projected housing needs and a statement of goals, policies,
quantified objectives, financial resources, and scheduled programs for the preservation,
improvement, and development of housing. The housing element shall identify adequate
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Due: October 22, 2020
sites for housing, including rental housing, factory-built housing, mobile homes, and
emergency shelters, and shall make adequate provision for the existing and projected
needs of all economic segments of the community.
Adequate Sites Analysis & Constraints. In accordance with Government Code Section
65583, the Consultant shall prepare an “adequate sites analysis and inventory” showing
the relationship between the City’s Regional Housing Needs Assessment (RHNA)
allocation at all income levels and “land suitable for residential development”, as outlined
in Government Code Section 65583.2, including the dwelling unit capacity, availability of
potential housing sites based on zoning, infrastructure, and General Plan policies,
requirements, while considering unique constraints within the community.
Housing Goals, Policies, and Quantified Objectives. The Consultant must formulate an
eight-year implementation plan with appropriate and implementable housing policies
and quantified objectives. This work will need to satisfy the applicable requirements of
State law.
Recommended minimum deliverables:
- electronic copy of all reports in Microsoft Word and PDF formats
- GIS layer and shape files for housing opportunity sites
Task 3: Public Engagement
The Consultant shall facilitate and attend up to (2) community workshops.
The Consultant shall prepare and implement a program for public engagement to encourage
comprehensive public participation throughout the process, identifying different outreach
phases with goals, objectives, programming, and a proposed budget. Public engagement
approaches should seek to provide inclusive engagement (including vulnerable populations,
such as seniors, disabled, and affordable housing advocates), clarify community values,
collect meaningful data, and ultimately turn community input into community ownership of
the process and plan. The program should consider COVID-19 health restrictions and identify
creative solutions to promote and encourage public participation during the pandemic.
Recommended minimum deliverables:
- public engagement program
- web and social media based information sharing platform
- materials for events and meetings including large-scale graphics
- stakeholder interviews
- two (2) community meetings
- public engagement (visioning) summary report
Task 4 - Planning Commission and City Council Workshops
B-5
Released: September 28, 2020
Due: October 22, 2020
In addition to the public engagement process, the Consultant shall facilitate two public
hearings/workshops with the Planning Commission and two public hearings/workshops with
the City Council. The purpose of the public hearings/workshops is to present constraints,
programs, and policies to the Planning Commission and City Council, to allow feedback, and
to obtain support.
Recommended minimum deliverables:
- attendance and material for one (1) Planning Commission workshop
- attendance and material for one (1) City Council workshop
Task 5- Draft 2021–2029 Housing Element:
The Consultant shall be required to prepare and submit an Administrative Draft Housing
Element for staff review and comment. Once staff has reviewed and commented on the draft,
the Consultant shall modify the Administrative Draft as directed. Upon approval of the
Administrative Draft Housing Element, the Consultant shall then prepare a public draft
Housing Element for the City to provide to HCD, the City Council, the Planning Commission
and the general public for review and comment.
Recommended minimum deliverables:
- electronic copy of administrative draft 2021-2029 Housing Element in Microsoft Word format
- electronic copy of public draft 2021-2029 Housing Element in Microsoft Word and PDF format
Task 6: General Plan Consistency & Environmental Review
6A. General Plan Amendment. The Consultant shall identify sections of the City’s General
Plan Land Use Element that may need to be amended to be in compliance with State law, and
consistent with the 2021-2029 Housing Element.
Recommended minimum deliverables:
- electronic copy of the report in Microsoft Word and PDF formats
6B. CEQA Compliance. The Consultant shall prepare, post, respond, and file the necessary
associated environmental documents and technical studies (Categorical Exemption, Initial
Study, Negative Declaration or Mitigated Negative Declaration, and responses to public
comments), or Environmental Impact Report.
Recommended minimum deliverables:
- required noticing and filing, including those required for AB 52 (Chapter 532, Statutes of
2014) and SB 18 (Chapter 905, Statutes of 2004) compliance
- scoping meeting materials
- draft and final project description
- administrative Draft, Public Draft and Final EIRs (if necessary)
- technical Studies
- response to comments
B-6
Released: September 28, 2020
Due: October 22, 2020
- findings of fact and statement of overriding considerations (if necessary)
- GIS data and maps created for the EIR (if necessary)
Task 7 - Public Hearings
Staff anticipates that two public hearings will be required before the Planning Commission
and two public hearings will be required before the City Council as noted above to adopt the
Final Housing Element.
Recommended minimum deliverables:
- attendance and material for two (2) Planning Commission hearings
- attendance and material for two (2) City Council hearings
Task 8 - Final Housing Element
The Consultant shall prepare the final Housing Element, including any changes that occurred
during the public hearings.
Recommended minimum deliverables:
- electronic copy of final Housing Element in Microsoft Word and PDF formats
Task 9 - State Certification
The Consultant shall develop a project timeline leading to HCD certification of the Housing
Element and must follow through with assisting the City in achieving State certification of the
Housing Element after adoption by the City. The Consultant shall work closely with HCD and
the City to ensure that City meets State requirements and will recommend modification to
the adopted Housing Element, if required to obtain certification.
V. PROPOSAL AND QUALIFICATIONS - FORMAT AND CONTENTS
Consultants interested in being considered should submit a written proposal, including the firm’s
qualifications. The proposal should demonstrate that the proposer has the appropriate
background, experience, staff and technical capabilities to adequately provide services to achieve
the Scope of Work described in the previous section. To insure the proposer is capable of
providing this level of service, the following minimum qualifications must be met:
The proposer must possess and demonstrate extensive experience in providing the
described Scope of Work to municipal governments;
The proposer must carry adequate professional liability insurance (see attached standard
City contract services agreement); and,
The proposer must possess the ability and tools necessary to provide the described
services.
The proposal should include, at minimum, the following:
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Released: September 28, 2020
Due: October 22, 2020
1. Name, address and phone number of the interested consulting firm and contact person.
2. A statement of any possible conflict of interest the proposer may have in providing the
requested services.
3. Detailed narrative statement including a description of the firm’s proposed approach to
providing the above-described Scope of Work; describe the overall philosophy and
management approach of the proposed team. general summary of the Scope of Work as
the proposer perceives or envisions it.
4. Statement of Qualifications outlining the firm’s previous relevant project experience
including samples, descriptions, and other pertinent details.
5. Detailed narrative describing exemplary customer service philosophy and practices;
6. An organizational chart showing the names and resumes of the primary consulting
manager and key personnel who would provide the services to the City of Rancho Palos
Verdes, along with their background, experience and qualifications;
7. Hourly billing rate of key personnel who would be providing the requested services;
8. Cost for providing the requested services;
9. A detailed scope of work and cost estimate by task and by person. Cost estimate must
also include an estimate of reimbursable expenses. The estimate should be specific to
minimize variable costs to the greatest degree possible. Also include the mark-up for
reimbursable expenses.
10. The names, addresses, and telephone numbers for a minimum of three references from
other governmental municipalities or entities where similar work has been performed.
Any additional information that the consultant wishes to submit may be attached in the form of
appendices to the proposal.
All proposals shall state that the proposal shall remain valid for a period not less than ninety (90)
days from the date of submittal.
VI. REQUESTS FOR CLARIFICATION
Requests for clarification of the information contained herein shall be submitted in writing prior
to 5:30 p.m. on Monday, October 5, 2020. Requests for clarification shall be submitted only to
the City employee whose contact information is listed in this proposal. Responses to any
clarification questions will be provided to all vendors from whom proposals have been requested.
Such requests for clarification should be kept to a minimum due to the short response time for
proposals.
VII. DELIVERY OF PROPOSAL
Proposals may be electronically submitted via email to octavios@rpvca.gov no later than 5:30
pm on Thursday, October 22 2020. Alternatively, one (1) printed copy and one (1) electronic
copy on USB flash drive shall be submitted no later than 5:30 pm on Thursday, October 22, 2020,
to the Community Development Department, City of Rancho Palos Verdes, 30940 Hawthorne
B-8
Released: September 28, 2020
Due: October 22, 2020
Boulevard, Rancho Palos Verdes, CA 90275, Attn: Octavio Silva, Deputy Director of Community
Development.
VIII. INTERVIEW
The City tentatively anticipates interviewing the top contending firms on Thursday, November 5,
2020. A confirmation letter identifying the final interview date and time will be provided
approximately one week prior to the scheduled interview. Contending proposers will be required
to attend the scheduled interview, which may consists of a virtual interview.
The selection process criteria will include, but not be limited to, quality of personnel and past
work as demonstrated through references, clarity and completeness of the schedule, the ability
to begin work immediately, the ability to demonstrate unconventional thinking and to problem
solve, and perceived value in terms of fee and deliverables.
IX. INSURANCE REQUIREMENTS
The City will require the selected proposer to provide insurance, and proof thereof, as follows:
Insurance Coverages. Without limiting Consultant’s indemnification of City, and prior to
commencement of any services under this Agreement, Consultant shall obtain, provide and
maintain at its own expense during the term of this Agreement, policies of insurance of the type
and amounts described below and in a form satisfactory to City.
1. General liability insurance. Consultant shall maintain commercial general liability
insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in
an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for
bodily injury, personal injury, and property damage. The policy must include contractual
liability that has not been amended. Any endorsement restricting standard ISO “insured
contract” language will not be accepted.
2. Automobile liability insurance. Consultant shall maintain automobile insurance at least as
broad as Insurance Services Office form CA 00 01 covering bodily injury and property
damage for all activities of the Consultant arising out of or in connection with Services to
be performed under this Agreement, including coverage for any owned, hired, non-
owned or rented vehicles, in an amount not less than $1,000,000 combined single limit
for each accident.
3. Professional liability (errors & omissions) insurance. Consultant shall maintain
professional liability insurance that covers the Services to be performed in connection
with this Agreement, in the minimum amount of $1,000,000 per claim and in the
aggregate. Any policy inception date, continuity date, or retroactive date must be before
the effective date of this Agreement and Consultant agrees to maintain continuous
coverage through a period no less than three (3) years after completion of the services
required by this Agreement.
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Due: October 22, 2020
4. Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation
Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least
$1,000,000).
All required insurance shall name the City, its elected and appointed officers, employees and
agents as additional insured, and shall be procured and maintained at the consultant’s sole
expense. All required insurance must be in a form and content satisfactory to the City.
X. SELECTION PROCESS
Following the receipt of proposals from interested consultants, staff will review the proposals for
the purpose of selecting one consultant for recommendation to the City Council. Staff has
included, as “Exhibit A”, a draft copy of the proposed Service Agreement to facilitate a quicker
process, as a consultant recommendation is scheduled to be presented to the City Council for
approval on Tuesday, November 17, 2020. Please include in the proposal any objections to
specific terms in the proposed draft contract.
Selection criteria will include, but not be limited to, the following:
1. Demonstrated background and experience
2. Completion of Submittal Requirements
3. References
4. Depth of resources to perform work
5. Customer Service
6. Cost
7. Creativity
XI. SELECTION SCHEDULE
The Request for Proposal and Qualifications draft schedule is as follows:
September 28, 2020 RFP issued
October 5, 2020 Requests for Clarifications
October 22, 2020 Response to RFP due to City by 5:30 PM
November 5, 2020 Interview
November 6, 2020 Firm selected by staff
November 17, 2020 Recommendation to City Council
The draft schedule described above is subject to change at the sole discretion of the City of
Rancho Palos Verdes.
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Released: September 28, 2020
Due: October 22, 2020
XII. DISCRETION
Nothing contained in this Request for Proposal shall create any contractual relationship between
any proposer and the City. The City reserves the right, in its sole discretion, to accept or reject
any or all proposals without prior notice and to waive any minor irregularities or defects in a
proposal. The City shall not be liable for any expenses incurred by any individual or organization
in connection with the preparation of a proposal.
The City reserves the right to request and obtain, from one or more of the proposers,
supplementary information as may be necessary for City staff to analyze the proposal pursuant
to the selection criteria. The City may require prospective consultants to participate in additional
rounds of more refined submittal before the ultimate selection of a consultant team is made.
These rounds could encompass revisions of the submittal criteria in response to the nature and
scope of the initial proposal.
The Consultant, by submitting a response to this Request for Proposal (RFP), waives all right to
protest or seek any legal remedies whatsoever regarding any aspect of this RFP. The City may
choose to interview one or more of the firms/companies responding to this RFP.
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01203.0001/267879.2 1
“EXHIBIT A”
CITY OF RANCHO PALOS VERDES
CONTRACT SERVICES AGREEMENT FOR
________________
THIS PROFESSIONAL SERVICES AGREEMENT (herein “Agreement”) is made and
entered into this ____ day of _______, 2020, by and between the CITY OF RANCHO PALOS
VERDES, a California municipal corporation (“City”) and ______________ (herein
“Consultant”).
NOW, THEREFORE, the parties hereto agree as follows:
1. SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all of the terms and conditions of
this Agreement, the Consultant shall perform the work or services set forth in the “Scope of
Services” attached hereto as Exhibit “A” and incorporated herein by reference. Consultant
warrants that it has the experience and ability to perform all work and services required
hereunder and that it shall diligently perform such work and services in a professional and
satisfactory manner.
1.2 Compliance With Law. All work and services rendered hereunder shall
be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the
City and any Federal, State or local governmental agency of competent jurisdiction.
1.3 California Labor Law. If the Scope of Services includes any “public
work” or “maintenance work,” as those terms are defined in California Labor Code section 1720
et seq. and California Code of Regulations, Title 8, Section 16000 et seq., and if the total
compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and
comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq.,
and all other applicable laws.
1.4 Licenses, Permits, Fees and Assessments. Consultant shall obtain at its
sole cost and expense such licenses, permits, and approvals as may be required by law for the
performance of the services required by the Agreement.
1.5 Special Requirements. Additional terms and conditions of this
Agreement, if any, which are made a part hereof are set forth in the “Special Requirements”
attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a
conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the
provisions of Exhibit “B” shall govern.
2. COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement,
Consultant shall be compensated in accordance with the “Schedule of Compensation” attached
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hereto as Exhibit “C” and incorporated herein by this reference, but not exceeding the maximum
contract amount of ______________________________ Dollars ($________) (“Contract Sum”).
2.2 Invoices. Each month Consultant shall furnish to City an original invoice
for all work performed and expenses incurred during the preceding month in a form approved by
City’s Director of Finance. By submitting an invoice for payment under this Agreement,
Consultant is certifying compliance with all provisions of the Agreement. The invoice shall
detail charges for all necessary and actual expenses by the following categories: labor (by sub-
category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor
charges shall also be detailed by such categories. Consultant shall not invoice City for any
duplicate services performed by more than one person.
City shall independently review each invoice submitted by the Consultant to determine
whether the work performed and expenses incurred are in compliance with the provisions of this
Agreement. Except as to any charges for work performed or expenses incurred by Consultant
which are disputed by City, City will use its best efforts to cause Consultant to be paid within
forty five (45) days of receipt of Consultant’s correct and undisputed invoice; however,
Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot
guarantee that payment will occur within this time period. In the event any charges or expenses
are disputed by City, the original invoice shall be returned by City to Consultant for correction
and resubmission. Review and payment by the City of any invoice provided by the Consultant
shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
2.3 Additional Services. City shall have the right at any time during the
performance of the services, without invalidating this Agreement, to order extra work beyond
that specified in the Scope of Services or make changes by altering, adding to or deducting from
said work. No such extra work may be undertaken unless a written order is first given by the
Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum
for the actual cost of the extra work, and/or (ii) the time to perform this Agreement, which said
adjustments are subject to the written approval of the Consultant. Any increase in compensation
of up to ten percent (10%) of the Contract Sum but not exceeding a total contract amount of Five
Thousand Dollars ($5,000) or in the time to perform of up to ninety (90) days may be approved
by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be
approved by the City Council. No claim for an increase in the Contract Sum or time for
performance shall be valid unless the procedures established in this Section are followed.
3. PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this
Agreement.
3.2 Schedule of Performance. Consultant shall commence the services
pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all
services within the time period(s) established in the “Schedule of Performance” attached hereto
as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant,
extensions to the time period(s) specified in the Schedule of Performance may be approved in
writing by the Contract Officer but not exceeding thirty (30) days cumulatively.
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3.3 Force Majeure. The time period(s) specified in the Schedule of
Performance for performance of the services rendered pursuant to this Agreement shall be
extended because of any delays due to unforeseeable causes beyond the control and without the
fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public
enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions,
riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency,
including the City, if the Consultant shall within ten (10) days of the commencement of such
delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall
ascertain the facts and the extent of delay, and extend the time for performing the services for the
period of the enforced delay when and if in the judgment of the Contract Officer such delay is
justified. The Contract Officer’s determination shall be final and conclusive upon the parties to
this Agreement. In no event shall Consultant be entitled to recover damages against the City for
any delay in the performance of this Agreement, however caused, Consultant’s sole remedy
being extension of the Agreement pursuant to this Section.
3.4 Term. Unless earlier terminated in accordance with Article 7 of this
Agreement, this Agreement shall continue in full force and effect until completion of the services
but not exceeding one (1) year from the date hereof, except as otherwise provided in the
Schedule of Performance (Exhibit “D”).
4. COORDINATION OF WORK
4.1 Representative of Consultant. ____________________________ is
hereby designated as being the representative of Consultant authorized to act on its behalf with
respect to the work and services specified herein and make all decisions in connection therewith.
All personnel of Consultant and any authorized agents shall be under the exclusive direction of
the representative of Consultant. Consultant shall utilize only competent personnel to perform
services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain
the stability and continuity of Consultant’s staff and subcontractors, and shall keep City informed
of any changes.
4.2 Contract Officer. ______________________________ [or such person
as may be designated by the City Manager] is hereby designated as being the representative the
City authorized to act in its behalf with respect to the work and services specified herein and to
make all decisions in connection therewith (“Contract Officer”).
4.3 Prohibition Against Subcontracting or Assignment. Consultant shall not
contract with any entity to perform in whole or in part the work or services required hereunder
without the express written approval of the City. Neither this Agreement nor any interest herein
may be assigned or transferred, voluntarily or by operation of law, without the prior written
approval of City. Any such prohibited assignment or transfer shall be void.
4.4 Independent Consultant. Neither the City nor any of its employees shall
have any control over the manner, mode or means by which Consultant, its agents or employees,
perform the services required herein, except as otherwise set forth. Consultant shall perform all
services required herein as an independent contractor of City with only such obligations as are
consistent with that role. Consultant shall not at any time or in any manner represent that it or
any of its agents or employees are agents or employees of City, or that it is a member of a joint
enterprise with City.
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5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages. Without limiting Consultant’s indemnification of
City, and prior to commencement of any services under this Agreement, Consultant shall obtain,
provide and maintain at its own expense during the term of this Agreement, policies of insurance
of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance. Consultant shall maintain commercial general
liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01,
in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily
injury, personal injury, and property damage. The policy must include contractual liability that
has not been amended. Any endorsement restricting standard ISO “insured contract” language
will not be accepted.
(b) Automobile liability insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury
and property damage for all activities of the Consultant arising out of or in connection with
Services to be performed under this Agreement, including coverage for any owned, hired, non-
owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each
accident.
(c) Professional liability (errors & omissions) insurance. Consultant shall
maintain professional liability insurance that covers the Services to be performed in connection
with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any
policy inception date, continuity date, or retroactive date must be before the effective date of this
Agreement and Consultant agrees to maintain continuous coverage through a period no less than
three (3) years after completion of the services required by this Agreement.
(d) Workers’ compensation insurance. Consultant shall maintain Workers’
Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at
least $1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall include all of the requirements stated
herein.
(f) Additional Insurance. Policies of such other insurance, as may be required
in the Special Requirements in Exhibit “B”.
5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a waiver of subrogation
endorsement for workers’ compensation. Insurance certificates and endorsements must be
approved by City’s Risk Manager prior to commencement of performance. Current certification
of insurance shall be kept on file with City at all times during the term of this Agreement. City
reserves the right to require complete, certified copies of all required insurance policies, at any
time.
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(b) Duration of coverage. Consultant shall procure and maintain for the
duration of this Agreement insurance against claims for injuries to persons or damages to
property, which may arise from or in connection with the performance of the Services hereunder
by Consultant, its agents, representatives, employees or subconsultants.
(c) Primary/noncontributing. Coverage provided by Consultant shall be
primary and any insurance or self-insurance procured or maintained by City shall not be required
to contribute with it. The limits of insurance required herein may be satisfied by a combination
of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or
be endorsed to contain a provision that such coverage shall also apply on a primary and non-
contributory basis for the benefit of City before the City’s own insurance or self-insurance shall
be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required
under this Agreement does not comply with these specifications or is canceled and not replaced,
City has the right but not the duty to obtain the insurance it deems necessary and any premium
paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient
to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(e) Acceptable insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact business of insurance
or that is on the List of Approved Surplus Line Insurers in the State of California, with an
assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger)
in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved b y
the City’s Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured
pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or
appointed officers, agents, officials, employees and volunteers or shall specifically allow
Consultant or others providing insurance evidence in compliance with these specifications to
waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery
against City, and shall require similar written express waivers and insurance clauses from each of
its subconsultants.
(g) Enforcement of contract provisions (non-estoppel). Consultant
acknowledges and agrees that any actual or alleged failure on the part of the City to inform
Consultant of non-compliance with any requirement imposes no additional obligations on the
City nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or
limits contained in this section are not intended as a limitation on coverage, limits or other
requirements, or a waiver of any coverage normally provided by any insurance. Specific
reference to a given coverage feature is for purposes of clarification only as it pertains to a given
issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other
coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums
shown above, the City requires and shall be entitled to coverage for 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.
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(i) Notice of cancellation. Consultant agrees to oblige its insurance agent or
broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for
nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each
required coverage.
(j) Additional insured status. General liability policies shall provide or be
endorsed to provide that City and its officers, officials, employees, and agents, and volunteers
shall be additional insureds under such policies. This provision shall also apply to any
excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages
required herein will be in compliance with these requirements if they include any limiting
endorsement of any kind that has not been first submitted to City and approved of in writing.
(l) Separation of insureds. A severability of interests provision must apply for
all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the insurer’s limits of
liability. The policy(ies) shall not contain any cross-liability exclusions.
(m) Pass through clause. Consultant agrees to ensure that its subconsultants,
subcontractors, and any other party involved with the project who is brought onto or involved in
the project by Consultant, provide the same minimum insurance coverage and endorsements
required of Consultant. Consultant agrees to monitor and review all such coverage and assumes
all responsibility for ensuring that such coverage is provided in conformity with the requirements
of this section. Consultant agrees that upon request, all agreements with consultants,
subcontractors, and others engaged in the project will be submitted to City for review.
(n) Agency’s right to revise specifications. The City reserves the right at any
time during the term of the contract to change the amounts and types of insurance required by
giving the Consultant ninety (90) days advance written notice of such change. If such change
results in substantial additional cost to the Consultant, the City and Consultant may renegotiate
Consultant’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured retentions be eliminated,
lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these
specifications unless approved by City.
(p) Timely notice of claims. Consultant shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from Consultant’s performance
under this Agreement, and that involve or may involve coverage under any of the required
liability policies.
(q) Additional insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own judgment may be
necessary for its proper protection and prosecution of the work.
5.3 Indemnification. To the full extent permitted by law, Consultant agrees to
indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified
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Parties”) against, and will hold and save them and each of them harmless from, any and all
actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or
property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or
threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or
entity arising out of or in connection with the negligent performance of the work, operations or
activities provided herein of Consultant, its officers, employees, agents, subcontractors, invitees,
or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from
Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or
indemnitors’ negligent performance of or failure to perform any term, provision, covenant or
condition of this Agreement, except claims or liabilities occurring as a result of City’s sole
negligence or willful acts or omissions. The indemnity obligation shall be binding on successors
and assigns of Consultant and shall survive termination of this Agreement.
5.4 RECORDS, REPORTS, AND RELEASE OF INFORMATION
5.5 Records. Consultant shall keep, and require subcontractors to keep, such
ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other
documents relating to the disbursements charged to City and services performed hereunder (the
“books and records”), as shall be necessary to perform the services required by this Agreement
and enable the Contract Officer to evaluate the performance of such services and shall keep such
records for a period of three years following completion of the services hereunder. The Contract
Officer shall have full and free access to such books and records at all times during normal
business hours of City, including the right to inspect, copy, audit and make records and
transcripts from such records.
5.6 Reports. Consultant shall periodically prepare and submit to the Contract
Officer such reports concerning the performance of the services required by this Agreement or as
the Contract Officer shall require.
5.7 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in
performance of this Agreement shall be considered confidential, unless such information is in the
public domain or already known to Consultant. Consultant shall not release or disclose any such
information or work product to persons or entities other than the City without prior written
authorization from the Contract Officer.
(b) Consultant shall not, without prior written authorization from the Contract
Officer or unless requested by the City Attorney, voluntarily provide documents, declarations,
letters of support, testimony at depositions, response to interrogatories or other information
concerning the work performed under this Agreement. Response to a subpoena or court order
shall not be considered “voluntary” provided Consultant gives the City notice of such court order
or subpoena.
(c) If Consultant provides any information or work product in violation of this
Agreement, then the City shall have the right to reimbursement and indemnity from Consultant
for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of
Consultant’s conduct.
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(d) Consultant shall promptly notify the City should Consultant be served
with any summons, complaint, subpoena, notice of deposition, request for documents,
interrogatories, request for admissions or other discovery request, court order or subpoena from
any party regarding this Agreement and the work performed thereunder. The City retains the
right, but has no obligation, to represent Consultant or be present at any deposition, hearing or
similar proceeding. Consultant agrees to cooperate fully with the City and to provide the City
with the opportunity to review any response to discovery requests provided by Consultant.
5.8 Ownership of Documents. All studies, surveys, data, notes, computer
files, reports, records, drawings, specifications, maps, designs, photographs, documents and other
materials (the “documents and materials”) prepared by Consultant in the performance of this
Agreement shall be the property of the City and shall be delivered to the City upon request of the
Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim
for further employment or additional compensation as a result of the exercise by the City of its
full rights of ownership use, reuse, or assignment of the documents and materials hereunder.
Moreover, Consultant with respect to any documents and materials that may qualify as “works
made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed
“works made for hire” for the City.
6. ENFORCEMENT OF AGREEMENT AND TERMINATION
6.1 California Law. This Agreement shall be interpreted, construed and
governed both as to validity and to performance of the parties in accordance with the laws of the
State of California. Legal actions concerning any dispute, claim or matter arising out of or in
relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles,
State of California. In the event of litigation in a U.S. District Court, venue shall lie exclusively
in the Central District of California, in the County of Los Angeles, State of California.
6.2 Disputes; Default. In the event that Consultant is in default under the
terms of this Agreement, the City shall not have any obligation or duty to continue compensating
Consultant for any work performed after the date of default. Instead, the City may give notice to
Consultant of the default and the reasons for the default. The notice shall include the timeframe
in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but
may be extended, if circumstances warrant. During the period of time that Consultant is in
default, the City shall hold all invoices and shall, when the default is cured, proceed with
payment on the invoices. If Consultant does not cure the default, the City may take necessary
steps to terminate this Agreement under this Article.
6.3 Legal Action. In addition to any other rights or remedies, either party
may take legal action, in law or in equity, to cure, correct or remedy any default, to recover
damages for any default, to compel specific performance of this Agreement, to obtain
declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this
Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory
claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue any
legal action under this Agreement.
Except with respect to rights and remedies expressly declared to be exclusive in this
Agreement, the rights and remedies of the parties are cumulative and the exercise by either party
of one or more of such rights or remedies shall not preclude the exercise by it, at the same or
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different times, of any other rights or remedies for the same default or any other default by the
other party.
6.4 Termination Prior to Expiration of Term. This Section shall govern any
termination of this Contract except as specifically provided in the following Section for
termination for cause. The City reserves the right to terminate this Contract at any time, with or
without cause, upon thirty (30) days’ written notice to Consultant, except that where termination
is due to the fault of the Consultant, the period of notice may be such shorter time as may be
determined by the Contract Officer. In addition, the Consultant reserves the right to terminate
this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City,
except that where termination is due to the fault of the City, the period of notice may be such
shorter time as the Consultant may determine. Upon receipt of any notice of termination,
Consultant shall immediately cease all services hereunder except such as may be specifically
approved by the Contract Officer. Except where the Consultant has initiated termination, the
Consultant shall be entitled to compensation for all services rendered prior to the effective date
of the notice of termination and for any services authorized by the Contract Officer thereafter in
accordance with the Schedule of Compensation or such as may be approved by the Contract
Officer. In the event the Consultant has initiated termination, the Consultant shall be entitled to
compensation only for the reasonable value of the work product actually produced hereunder, but
not exceeding the compensation provided therefore in the Schedule of Compensation Exhibit
“C”. In the event of termination without cause pursuant to this Section, the terminating party
need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.
6.5 Termination for Default of Consultant. If termination is due to the
failure of the Consultant to fulfill its obligations under this Agreement, City may, after
compliance with the provisions of Section 7.2, take over the work and prosecute the same to
completion by contract or otherwise, and the Consultant shall be liable to the extent that the total
cost for completion of the services required hereunder exceeds the compensation herein
stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City
may withhold any payments to the Consultant for the purpose of set-off or partial payment of the
amounts owed the City as previously stated.
7. MISCELLANEOUS
7.1 Covenant Against Discrimination. Consultant covenants that, by and for
itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall
be no discrimination against or segregation of, any person or group of persons on account of
race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin,
ancestry, or other protected class in the performance of this Agreement. Consultant shall take
affirmative action to ensure that applicants are employed and that employees are treated during
employment without regard to their race, color, creed, religion, sex, gender, sexual orientation,
marital status, national origin, ancestry, or other protected class
7.2 Non-liability of City Officers and Employees. No officer or employee of
the City shall be personally liable to the Consultant, or any successor in interest, in the event of
any default or breach by the City or for any amount, which may become due to the Consultant or
to its successor, or for breach of any obligation of the terms of this Agreement.
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7.3 Notice. Any notice, demand, request, document, consent, approval, or
communication either party desires or is required to give to the other party or any other person
shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of
the City, to the City Manager and to the attention of the Contract Officer (with her/his name and
City title), City of Rancho Palos Verdes, 30940 Hawthorne Blvd., California 90275 and in the
case of the Consultant, to the person(s) at the address designated on the execution page of this
Agreement. Either party may change its address by notifying the other party of the change of
address in writing. Notice shall be deemed communicated at the time personally delivered or in
seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
7.4 Integration; Amendment. It is understood that there are no oral
agreements between the parties hereto affecting this Agreement and this Agreement supersedes
and cancels any and all previous negotiations, arrangements, agreements and understandings, if
any, between the parties, and none shall be used to interpret this Agreement. This Agreement
may be amended at any time by the mutual consent of the parties by an instrument in writing.
7.5 Severability. In the event that part of this Agreement shall be declared
invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such
invalidity or unenforceability shall not affect any of the remaining portions of this Agreement
which are hereby declared as severable and shall be interpreted to carry out the intent of the
parties hereunder unless the invalid provision is so material that its invalidity deprives either
party of the basic benefit of their bargain or renders this Agreement meaningless.
7.6 Waiver. No delay or omission in the exercise of any right or remedy by
non-defaulting party on any default shall impair such right or remedy or be construed as a
waiver. A party’s consent to or approval of any act by the other party requiring the party’s
consent or approval shall not be deemed to waive or render unnecessary the other party’s consent
to or approval of any subsequent act. Any waiver by either party of any default must be in
writing and shall not be a waiver of any other default concerning the same or any other provision
of this Agreement.
7.7 Attorneys’ Fees. If either party to this Agreement is required to initiate
or defend or made a party to any action or proceeding in any way connected with this
Agreement, the prevailing party in such action or proceeding, in addition to any other relief
which any be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees,
whether or not the matter proceeds to judgment.
7.8 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the authorship
of this Agreement or any other rule of construction which might otherwise apply.
7.9 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an
original, and such counterparts shall constitute one and the same instrument.
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7.10 Warranty & Representation of Non-Collusion. No official, officer, or
employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any
official, officer, or employee of City participate in any decision relating to this Agreement which
may affect his/her financial interest or the financial interest of any corporation, partnership, or
association in which (s)he is directly or indirectly interested, or in violation of any corporation,
partnership, or association in which (s)he is directly or indirectly interested, or in violation of any
State or municipal statute or regulation. The determination of “financial interest” shall be
consistent with State law and shall not include interests found to be “remote” or “noninterests”
pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that
it has not paid or given, and will not pay or give, to any third party including, but not limited to,
any City official, officer, or employee, any money, consideration, or other thing of value as a
result or consequence of obtaining or being awarded any agreement. Consultant further warrants
and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or
collusion that would result in the payment of any money, consideration, or other thing of value to
any third party including, but not limited to, any City official, officer, or employee, as a result of
consequence of obtaining or being awarded any agreement. Consultant is aware of and
understands that any such act(s), omission(s) or other conduct resulting in such payment of
money, consideration, or other thing of value will render this Agreement void and of no force or
effect.
Consultant’s Authorized Initials _______
7.11 Corporate Authority. The persons executing this Agreement on behalf of
the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly
authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing
this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the
entering into this Agreement does not violate any provision of any other Agreement to which
said party is bound. This Agreement shall be binding upon the heirs, executors, administrators,
successors and assigns of the parties.
[Signatures On The Following Page]
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01203.0001/267879.2
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first-above written.
CITY:
CITY OF RANCHO PALOS VERDES, a
municipal corporation
Doug Willmore, City Manager
ATTEST:
Emily Colborn, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
William W. Wynder, City Attorney
CONSULTANT:
By:
Name:
Title:
By:
Name:
Title:
Address:
Two corporate officer signatures required when Consultant is a corporation, with one signature required
from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2)
Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S
SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE
INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR
OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
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01203.0001/267879.2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2018 before me, ________________, personally appeared ________________, proved to me on
the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that docum ent.
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01203.0001/267879.2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2018 before me, ________________, personally appeared ________________, proved to me on
the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within in strument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
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01203.0001/267879.2 A-1
EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will perform the following services:
A.
B.
C.
II. As part of the Services, Consultant will prepare and deliver the following tangible
work products to the City:
A.
B.
C.
III. In addition to the requirements of Section 6.2, during performance of the Services,
Consultant will keep the City updated of the status of performance by delivering the
following status reports:
A.
B.
C.
IV. All work product is subject to review and acceptance by the City, and must be
revised by the Consultant without additional charge to the City until found
satisfactory and accepted by City.
V. Consultant will utilize the following personnel to accomplish the Services:
A.
B.
C.
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EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
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01203.0001/267879.2
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following Services at the following rates:
RATE TIME SUB-BUDGET
A. Task A ___________ ___________ ___________
B. Task B ___________ ___________ ___________
C. Task C ___________ ___________ ___________
D. Task D ___________ ___________ ___________
E. Task E ___________ ___________ ___________
II. A retention of ten percent (10%) shall be held from each payment as a contract
retention to be paid as a part of the final payment upon satisfactory completion of
services.
III. Within the budgeted amounts for each Task, and with the approval of the Contract
Officer, funds may be shifted from one Task subbudget to another so long as the
Contract Sum is not exceeded per Section 2.1, unless Additional Services are
approved per Section 2.3.
IV. The City will compensate Consultant for the Services performed upon submission of
a valid invoice. Each invoice is to include:
A. Line items for all the work performed, the number of hours worked, and the
hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting
documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials,
and travel properly charged to the Services.
V. The total compensation for the Services shall not exceed the Contract Sum as
provided in Section 2.1 of this Agreement.
VI. Consultant’s billing rates for all personnel are attached as Exhibit C-1.
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D-1
01203.0001/267879.2
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely in accordance with the following
schedule:
Days to Perform Deadline Date
A. Task A ______________ ______________
B. Task B ______________ ______________
C. Task C ______________ ______________
II. Consultant shall deliver the following tangible work products to the City by the
following dates.
A.
B.
C.
III. The Contract Officer may approve extensions for performance of the services in
accordance with Section 3.2.
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esassoc.com
City of Ranch Palos Verdes
Proposal for the Housing Element
Update for the City of Rancho Palos
Verdes General Plan Update
Work That Matters
January 15, 2021
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esassoc.com
City of Ranch Palos Verdes
Proposal for the Housing Element
Update for the City of Rancho
Palos Verdes General Plan Update
Work That Matters
January 15, 2021
Prepared for:
Octavio Silva, Deputy Director of Community Development
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, CA 90275
Prepared by:
ESA
626 Wilshire Blvd, Ste. 1100
Los Angeles CA 90017
P: 213.599.4300
F: 213.599.4301
P20201354.00
Cover Photo: “Colorful Southern California coastline with rolling hills covered with beautiful homes and stunning views
of the ocean, Rancho Palos Verdes, California.” Photo by Andy Konieczny via Shutterstock, royalty-free stock photo, ID:
1332654614.
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626 Wilshire Boulevard
Suite 1100
Los Angeles, CA 90017
213.599.4300 phone
213.599.4301 fax
esassoc.com
January 15, 2021
Octavio Silva
Deputy Director of Community Development
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, CA 90275
Subject: Proposal for the Housing Element Update for the City of Rancho Palos Verdes General Plan Update
Dear Mr. Silva:
Environmental Science Associates (ESA), is pleased to submit the attached proposal in collaboration with BAE Urban
Economics, Inc. (BAE) and MBI Media (MBI) to assist with the City of Rancho Palos Verdes’ 2021-2029 Housing Element
Update.
We understand that the City of Rancho Palos Verdes (City) is seeking a consultant with prior experience working with
HCD, equipped to develop creative solutions in furtherance of affordable housing within a built-out coastal community,
and with a comprehensive understanding of current California housing laws and requirements.
The ESA team is uniquely positioned to provide high quality consultant services to the City of Rancho Palos Verdes. For
this proposal, we have assembled a team that will be a thorough, thoughtful, and technically well-versed partner for the
City in its development of the Housing Element Update.
ESA brings significant hands-on experience evaluating the environmental impacts of Housing Element updates, general
plans, and other programmatic planning efforts. Our urban economics and real estate consulting partner BAE’s passion
about the “triple bottom line” of sustainable economics, equity, and environment makes them unique among urban
economists offering deep expertise in affordable housing, demographics, and real estate economics to many Los
Angeles-area government clients. Our community engagement partner, MBI, is an expert at facilitating community
dialogue about complex and sensitive planning, environmental and construction issues.
ESA appreciates this opportunity to be considered by the City for the Housing Element Update and is ready to provide
these services to the City with our experienced, responsive, and committed senior team. ESA does not foresee any
conflict of interest in working with the City of Rancho Palos Verdes or providing the requested services. Should you have
any questions about our qualifications or scope of work, please do not hesitate to contact me at 213-599-4316 or
rtodaro@esassoc.com.
Sincerely,
Ryan Todaro
Program Manager
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January 15, 2021 City of Rancho Palos Verdes / Housing Element Update i
environmental science associates
Table of Contents
Proposal for Housing Element Update for the
City of Rancho Palos Verdes General Plan
Update
Page
Cover Letter
SECTION 1. Scope of Work 1-1
SECTION 2. Project Schedule 2-1
SECTION 3. Project Team 3-1
SECTION 4. Relevant Project Experience 4-1
SECTION 5. Cost Estimate 5-1
Appendix A: Resumes
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Section 1
Scope of Work
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Section 1
Scope of Work
Breakdown of Project Tasks
Task 1 – Project Administration
Subtask 1.1: Project Kick-Off Meeting
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Subtask 1.2: Project Schedule Development
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Subtask 1.3: Project Coordination
Task 2 – Housing Element Amendment Assessment and Analysis
Subtask 2.1: Evaluation of the 2013-2021 Housing Element
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Section 1: Scope of Work
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Subtask 2.2: Housing Assessment and Needs Analysis
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Subtask 2.3A: Adequate Sites Analysis
‐
‐
‐
‐
‐
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Section 1: Scope of Work
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‐
‐
Subtask 2.3B: Housing Production Constraints Analysis
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Subtask 2.4: Housing Goals, Policies, and Quantified Objectives
Task 3 - Public Engagement
Subtask 3.1 Public Outreach Program Development and Two Community
Meetings
Public Engagement Program
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Section 1: Scope of Work
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Section 1: Scope of Work
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Web and Social Media Sharing Platform
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Meeting and Event Collateral Materials
Community Meetings
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Section 1: Scope of Work
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Task 3.2 Stakeholder Interviews
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Section 1: Scope of Work
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Virtual Meetings (Optional Task)
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Section 1: Scope of Work
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Task 4: Planning Commission and City Council Workshops
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environmental science associates
Task 5: Draft 2021-2029 Housing Element Update
Subtask 5.1: Administrative Draft Housing Element Update
Subtask 5.2: Public Draft Housing Element Update
Subtask 5.3: Public Noticing
Task 6 – General Plan Consistency and Environmental Review
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Section 1: Scope of Work
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Subtask 6.1: General Plan Amendment
Subtask 6.2: Environmental Determination
Project Initiation, Data Collection, and Prepare Project Description
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Subtask 6.3: Draft Initial Study/Mitigated Negative Declaration (Draft IS/MND)
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Subtask 6.4: Environmental Noticing, Outreach, and Filing
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Subtask 6.5: Final IS/MND
Task 7 – Public Hearings
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Section 1: Scope of Work
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Section 1: Scope of Work
January 15, 2021 City of Rancho Palos Verdes / Housing Element Update 1-21
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Task 8 – Final Housing Element Update
Task 9 – State Certification and City Adoption
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Section 2
Project Schedule
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Weeks 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52
1. Project Administration
1.1 Project Kick-Off Meeting 1 week
1.2 Project Schedule Development 2 weeks
1.3 Project Coordination Ongoing
2. Housing Element Amendment Assessment and Analysis
2.1 Review 2014-2021 Housing Element 6 weeks
2.2 Housing Assessment & Needs Analysis 11 weeks
2.3 Adequate Sites Analysis and Constraints 12 weeks
2.5 Housing Goals, Policies, and Quantified Objectives 2 weeks
3. Public Engagement (Assume MND)
3.1 Public Engagement Program Development (public meeting = PM)Ongoing PM PM
3.2 Stakeholder Interviews 6 weeks
4. Planning Commission and Council Workshops (4 meetings) 4 meetings P C P C
(P=Planning, C=Council)
5. Facilitate Review and Approval of Housing Element
5.1 Administrative Draft Housing Element Update
Draft submitted and revisions made 4 weeks
5.2 Public Draft Housing Element Update
Prepare Public Review Draft 4 weeks
Request Informal HCD Review 4 weeks
Public Review Period 5 weeks
6. Environmental Analysis (Assume MND)
6.1 General Plan Amendment 4 weeks
6.2 Environmental Determination 4 weeks
6.3 Draft Initial Study/Mitigated Negative Declaration (IS/MND)4 weeks
6.3 Environmental Noticing, Outreach and Filing Ongoing
6.4 Final Draft of Environmental Analysis 4 weeks
7. Public Hearings (4 meetings) 4 meetings P C P C
8. Final Housing Element Update
Prepare Revised Housing Element 4 weeks
Submit to HCD for Formal Review 9 weeks
Revise in Response to HCD Comments 3 weeks
Prepare Final Housing Element and Env Documentation 6 weeks
9. State Certification and City Adoption 2 weeks
Public Noticing As Needed
30-Day Public
Review
MarchFebruaryAugustSeptemberOctoberNovemberDecemberJanuaryJulyMarchAprilMayJune
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Section 3
Project Team
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Section 3
Project Team
The following section provides a brief overview of each firm’s relevant qualifications for specialized expertise
relevant to Housing Element updates and related planning, environmental, community outreach, and project
management expertise. Project examples, professional references, and staff qualifications are provided in later
sections.
As noted in the cover letter, ESA will function as the prime contractor for this assignment and will be responsible
for project management and the associated environmental analysis and General Plan amendment. BAE will be
responsible for preparation of all research and documents relating to the Housing Element update. MBI will be
responsible for the community outreach including formulating, marketing, and executing community
engagement activities.
ESA, BAE, and MBI have a long track record of collaboration on a wide variety of consulting assignments for a
diverse array of clients throughout California, including multiple Housing Elements and other housing-related
studies.
ESA
Founded in 1969 by three scientists, ESA quickly became known for its high-quality CEQA documentation and
science-based environmental impact analysis. In 1974, ESA made history by producing the first EIR on a work of
art—Christo’s Running Fence EIR, now part of an exhibition that is permanently cataloged at the Smithsonian
American Art Museum. Since that time, ESA has prepared countless environmental documents for projects both
large and small, shaping the manner in which the state has grown and developed over the past 50 years.
But ESA is not just a firm that prepares environmental documents. We’ve evolved into a broad-service science
and planning firm committed to effective problem-solving, sustainability, and delivering integrated
environmental and planning solutions, with an exceedingly strong presence in the Los Angeles area. We assist
clients in the earliest phases of project conception, through environmental review and regulatory approval, to
project implementation and mitigation monitoring.
Our team of 520+ professionals offer a wide range of expertise and hands-on experience evaluating the
environmental impacts associated with implementation of planning and policy projects, such as Housing
Element updates, General Plan updates, and program EIRs. Our multi-disciplinary staff will offer the City a
diverse array of in-house capabilities that include CEQA and NEPA compliance, community planning, public
outreach, and technical expertise s (e.g. noise, air quality, health-based risk assessment, cultural/historic
resources, tribal cultural resources, climate change adaptation, sustainability, public services, biology, water
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resources, hydrology, visual resources, traffic/transportation, and GIS and web-based applications). As our
references will attest, ESA has demonstrated experience providing cities with the right mix of expertise, insight,
and creativity to ensure an integrated approach to the preparation of planning and environmental documents,
with the goal of preparing environmental documents that are both easily understood and allow for adaptability
over the long-term implementation of a planning document. As a 100 percent employee-owned environmental
and community planning consulting firm, we take personal pride in the quality of our products, the
responsiveness of our staff, and the success of our clients. Your success equates to our employee’s success.
Further, we are large enough to offer the broad range of expertise needed to meet the City’s needs, yet small
enough to provide personalized service and the meaningful involvement of our senior level staff.
BAE Urban Economics, Inc.
BAE is an award-winning, national urban economics and real estate consulting practice. We maintain offices in
Los Angeles, Davis, and Berkeley in California, as well as Washington D.C. and New York City.
Since 1986, BAE has completed more than 2,450 engagements for public agencies, non-profit organizations,
financial institutions, and real estate investors and developers, including numerous Housing Element updates
and related studies for a variety of jurisdictions (including repeat clients) over multiple policy cycles. All of our
work is led by seasoned professionals, who are responsible for project direction and quality control.
BAE’s core service and practice areas include:
• Affordable and workforce housing needs
• Market and financial feasibility analyses
• Public policy analysis and strategy development
• Sustainability and transit-oriented development (TOD)
• Economic development and revitalization
• Public finance and infrastructure financing
• Fiscal impacts and economic benefits analyses
• Public-private partnership (P3) structuring and negotiation support
BAE’s Housing Element Update work is characterized by several important features. Because we are trained and
experienced in the full range of both planning and real estate / housing economics, we fully understand the best
practice methods for utilizing data, conducting detailed cross-tabulations using PUMS, generating primary data
through housing conditions assessments, conducting stakeholder focus groups and public workshops, and the
interplay between advocacy groups and public agencies.
Advocacy groups such as Greenbelt Alliance have been clients on other projects, and BAE Principals speak
regularly at affordable housing conference such as Housing California and national inclusionary housing
conferences. We also have strong implementation experience, including over a dozen inclusionary housing
ordinances and in-lieu fee programs, including for the cities of Berkeley, Salinas, Sunnyvale, and others. We also
have conducted numerous award-winning special affordable and workforce housing strategies for larger cities
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and regions which move beyond localized polices and limits of AMI thresholds to create comprehensive
development-programs. Some of our engagements have been sponsored by LISC, Enterprise, or other
intermediaries seeking to expand local government focus on TOD, mixed-income housing, employee housing
programs, and a wide range of other targeted special needs populations. Finally, we also have extensive
experience in the feasibility of specific mixed-income projects combining state and local funds, along with
LIHTCs, set-aside funds, NMTCs, and voluntary density and TDR programs.
BAE’s passion for the “triple bottom-line” of sustainable economics, community equity, and environment
sustainability makes us unique among urban economists. We believe that there are practical solutions to urban
issues which will achieve this triple bottom-line, and that consideration of environmental impacts and social
benefits, as well as financial returns, results in the highest quality outcomes and the best overall value for our
clients.
BAE has earned more awards for excellence than any other firm in our field, and our clients have retained us
repeatedly over our 33-year history. For more information, please visit our website at www.bae1.com or give us
a call in our Davis office at (530) 750-2195.
MBI Media
Founded in 1989, McCormick-Busse, Inc., dba MBI Media (MBI), is a strategic communications and media firm
that designs and implements engagement campaigns along with a broad cache of other specialized services for
both public and private sector clients across various industries.
Certified as a 100-percent Woman-Owned Business Enterprise (WBE), Disadvantaged Business Enterprise (DBE),
and Small Business Enterprise (SBE), MBI is headquartered in Covina, California with additional offices in
Downtown Los Angeles, Orange County, and the Bay Area.
With over 30 years of expertise, MBI has taken part in some of California’s most high-profile infrastructure and
transportation projects, facilitating community dialogue about complex and sensitive issues throughout the
planning, environmental and construction phases. Managing these services for highly contentious projects has
taught MBI how to successfully implement public relations and community outreach plans that educate
audiences and foster increased understanding and participation.
Our team of professionals is made up of individuals with diverse various cultural backgrounds, allowing MBI to
provide a wide range of services that are strategic, innovative, and effective. These services range from public
outreach, community and stakeholder engagement, media relations, campaign development, and branding
that are supported by our industry-leading, in-house design studios.
In providing these services, we have developed effective methods that can be used across all platforms; social
media, translated collateral, grassroots outreach, and community special events that encompass communities
large and small, contentious, and exuberant, multicultural, and multilingual.
MBI is currently performing or has recently completed consulting services with numerous public agencies,
including the City of Long Beach, City/Port of Los Angeles, Los Angeles County Metropolitan Transportation
Authority, and others. We are immersed in the environmental process with these agencies on various projects
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and understand the California Environmental Quality Act/ National Environmental Policy Act (CEQA/NEPA) and
the associated requirements for community outreach.
In 2018, MBI provided outreach for the City of Long Beach’s 2040 General Plan Update. Throughout the Project
our team helped facilitate and run public workshops, created collateral materials in English and Spanish,
organized grassroots outreach initiatives throughout the City and created public surveys for citizens and
businesses which were available at public meetings and online.
During Metro’s SR-710 North Study, MBI addressed the need to educate communities in the area on the
CEQA/NEPA process and encouraged community involvement during the scoping process, emphasizing the
importance of following protocol so that their comments and concerns could be recorded. This included a
diverse range of stakeholder who were multi-ethnic with a varying degree of social and economic backgrounds.
Identification of Key Staff
Luci Hise-Fisher, ESA Project Director, provides decades of project management experience across a broad
range of environmental planning and California Environmental Quality Act (CEQA) projects, including past work
at the City of Monrovia (Greenwich Place Residential Project EIR and Sunset/Doheny Hotel Project EIR) and
throughout the Los Angeles region. For more than a decade, Luci has managed and prepared a number of
environmental documents for the City of Santa Monica, including EIRs, Mitigated Negative Declarations, and
Categorical Exemptions, including the Mitigated Negative Declaration for City’s Housing Element Project. In
addition to her CEQA and NEPA expertise, Luci possesses a master’s degree in urban planning and has both
public and private sector experience crafting General Plan and Zoning Code amendments, updates, and
ordinance preparation. As the Project Director, Luci will provide senior-level CEQA oversight, ensure the quality
of all deliverables, and provide guidance relative to the integration of the planning and environmental
documents.
Ryan Todaro, ESA Project Manager, will oversee and deliver the scope, schedule, budget, and quality
performance of this contract. Ryan has recent and relevant experience with the City of Rancho Palos Verdes,
having managed the preparation of noise, air quality/GHG, and traffic studies, which the City used as the basis
for their plans to further update the General Plan text for legal adequacy and to support an associated Negative
Declaration. As the Project Manager, Ryan will work with the Project team to determine the type of
environmental document that should be prepared; how to maximize current or future streamlining
opportunities; determine the overall approach to the technical environmental analysis; and solve issues as they
arise during the environmental process. Ryan will also be available to facilitate or present at public workshops,
meetings, and hearings related to the environmental review process. He will tailor a project communication
protocol that meets the needs of the City’s project manager, including regular team meetings, monthly invoices,
and monthly progress reports. Our ongoing team communication and attention to scope control will keep the
project on schedule and within budget.
Dan Dameron, ESA Principal/Strategic Advisor, brings over three decades of public and private sector
experience leading a wide variety of community planning, design, and environmental projects. Dan brings an
in-depth understanding of progressive land use, policy, and implementation strategies that effectively enhance
the feasibility, livability, and sustainability of projects and communities. His award-winning experience includes
managing, preparing, and implementing housing plans, general plans, specific plans, downtown plans, master
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plans, design guidelines, zoning and development standards, entitlement coordination, contract staffing,
LAFCO entitlements, public involvement programs, and other planning services and tools. In his role as
Principal/Strategic Advisor, Dan will bring his extensive planning and environmental experience to bear in terms
of how to best structure the environmental analysis such that it can be used until the 7th Regional Housing
Needs Assessment (RHNA) cycle begins (e.g., October 15, 2029) and that it can be completed by October 15,
2021, which is when the 6th Regional Housing Needs Assessment (RHNA) must be finished. Dan will also provide
strategic advisement relative to planning issues that may impact the approach to the environmental analysis.
Matt Kowta, BAE Managing Principal, will bring his extensive experience with multiple cycles of housing
element updates over the last 29 years to this project. Matt’s involvement will ensure that best practices are
employed so that the Housing Element Update is a high-quality product and is completed no later than October
15, 2021. Matt will also provide strategic advice relative to data strategies, housing, real estate markets, and
planning and policy issues that may impact the analysis, sites inventory, or development of goals, policies, and
quantified objectives. Matt will oversee BAE’s review of City staff-generated Housing Element update
components.
Lisa Varon, BAE Vice President, will serve as BAE’s internal project manager and will provide overall team
coordination with City staff and subconsultants, under Mr. Kowta’s direction. She will lead the BAE staff in
reaching project milestones and completing project deliverables.
Aaron Barker, BAE Senior Associate, will take the lead on data collection and compilation, with support from
Denim Ohmit, BAE Senior Analyst, and Nyny Vu, BAE Analyst. BAE manages the workload for these staff so
that their available time is fully booked to support BAE projects on an ongoing basis.
Matt Maldonado, MBI Project Manager will be managing the project on a daily basis and serving as the City’s
primary point of contact for all public outreach requests. He will be responsible for the general project
management for each phase of the project as well as managing the CEQA compliance for community outreach
throughout. Matt has been managing outreach projects and digital media projects for over 15 years and has led
multiple large scale CEQA/NEPA public outreach and scoping processes with agencies such as Metro, CHSRA and
the City of Long Beach. He will ensure that the outreach process is conducted according the required guidelines
and oversee the other MBI team members' efforts.
Xochitl Nieves, MBI Deputy Project Manager: Xochitl will be supporting the project team and the City with day
to day requests, research, social media content and any other outreach initiatives. She will also be responsible
for working with MBI’s Account Coordinators to support the project and work with the graphic design team on
any collateral material requests. Xochitl is bilingual, fluent in Spanish, and will assist the project team with any
requests for translations or interpretations during the public hearing process.
Laura Hernandez, MBI Deputy Project Manager: Laura is responsible for supporting the project management
team with a wide range of background tasks such as research, drafting social media and written content,
staffing public hearings and pop up events, creating, and maintaining databases and any other similar tasks.
She is accustomed to working with Matt and Xochitl as all three are currently working on public outreach and
engagement projects together with various agencies.
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Section 3: Project Team
3-6 esassoc.com
Below is the organization chart showing the ESA team’s key staff for this project:
Appendix A contains resumes for all key team members from ESA, BAE, and MBI.
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Section 4
Relevant Project Experience
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January 15, 2021 City of Rancho Palos Verdes / Housing Element Update 4-1
environmental science associates
Section 4
Relevant Project Experience
This section provides the ESA team’s previous relevant project experience. The table on the following pages
includes project descriptions, references, and links to work product samples.
Relevant Project Experience
Client: City of Concord
Contact: Laura Simpson, Planning Manager during BAE’s assignment
(now with City of Hayward), 510.583.5552, laura.simpson@hayward-
ca.gov
Work Product Sample Link:
https://www.cityofconcord.org/DocumentCenter/View/1170/Housing-
Element-Update---Final-11-07-2014-PDF
BAE | City of Concord Housing Element
Update. BAE’s work included assessing
housing needs, identifying sites to
accommodate the City's Regional Housing
Needs Allocation requirements, evaluating
housing resources and constraints, and
developing policies and programs to
address housing needs. BAE also led a
community engagement process that
incorporated feedback from affordable and
market-rate residential developers,
housing advocacy organizations, and other
stakeholders as well as the community at
large. BAE has prepared Housing Element
Updates for numerous cities and counties
throughout Northern California, including
Concord. Milpitas, Morgan Hill, South San
Francisco, Cupertino, Windsor, and Napa
County. We have also prepared portions of
Housing Element updates for Davis,
Truckee, Chico, El Dorado County,
Sacramento, and numerous other cities
and counties as part of their General Plan
Update process. Our high quality work is
well known by California Department of
Housing and Community Development
(HCD); all of our Housing Element Updates
have been fully certified by HCD.
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Section 4: Relevant Project Experience
4-2 esassoc.com
Relevant Project Experience
Client: City of Tempe, AZ
Contact: Ambika Adhikari, Principal Planner, 480.350.8367,
ambika_adhikari@tempe.gov
Work Product Sample Link:
https://www.tempe.gov/home/showdocument?id=74234
BAE | City of Tempe Affordable Housing
Strategy. BAE’s study began with an
analysis of local demographic and market
conditions, identifying the magnitude of
local affordability challenges, as well as key
housing issues that could be addressed
with implementation of a Citywide
strategy. Next, working closely with City
staff and a broad spectrum of local
stakeholders, BAE helped prioritize and
establish the City’s goals and objectives for
improving the availability of quality
housing for residents of different income
levels. Recognizing that there is no “one
size fits all” approach to addressing
affordability, the AHS examines over
twenty possible strategies to expand local
housing options and preserve affordability
within Tempe, including voluntary
development bonus programs, targeted fee
waivers and abatements, and affordable
housing impact statements. While some
strategies require public subsidy, other
strategies are focused on market-based
solutions that do not require the outlay of
public funds. The City’s Affordable Housing
Strategy (AHS) was formally adopted by
City Council in July 2019, and will guide
future decision-making on the production
and preservation of affordable housing
across the City.
Client: City of Culver City
Contact: Nancy Johnson, Housing and Community Development
Program Manager, 707.299.1352, nancy.johnson@countyofnapa.org
Work Product Sample Link: https://culver-
city.legistar.com/View.ashx?M=F&ID=8718277&GUID=83B5EA1F-9662-
4224-A55D-49E1160A1494
BAE | City of Culver City Rent Control
Study. BAE was commissioned to conduct
an interim rent control study in an effort by
the City to understand the policy elements
and economic impacts of a potential short-
term rent freeze. The study included a
rental housing market analysis, survey of
urgency tenant protection programs in
other jurisdictions, and financial models of
multifamily operations based on interviews
with local property owners. BAE presented
its findings to the City Council in August
2019, when the body formally adopted an
interim ordinance establishing rent control
measures for a 12-month period. Staff re-
engaged BAE in September 2019 to further
study and analyze whether a permanent
rent control program was warranted. For
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Section 3: Relevant Project Experience
January 15, 2021 City of Rancho Palos Verdes / Housing Element Update 4-3
environmental science associates
Relevant Project Experience
the permanent rent control study, BAE
conducted further analysis of the City’s
existing rental housing inventory, the
demographic makeup of its renter
households, as well as trends in the local
multifamily market following the adoption
of the interim ordinance.
Client: City of Rancho Palos Verdes
Contact: Ara Mihranian, City Manager, 310.544.5200, aram@rpvca.gov
Work Product Sample Link:
https://www.rpvca.gov/DocumentCenter/View/12637/RPV-GP-Noise-
and-Vibration-Technical-Report-Nov-2017-CLEAN
ESA | Technical Studies for City of Rancho
Palos Verdes General Plan Update. ESA
prepared noise and air quality/GHG studies
and oversaw a subconsultant-prepared
traffic report. The City used these studies as
the basis for their plans to further update
the General Plan text for legal adequacy
and to support an associated Negative
Declaration. ESA assisted the City in
developing applicable, quantifiable, and
verifiable voluntary and mandatory GHG
reduction strategies.
Client: City of Pico Rivera
Contact: Benjamin Martinez, Community and Economic Development
Director during ESA’s assignment (now with City of Baldwin Park),
626.960.4011 ext. 477, bmartinez@baldwinpark.com
Work Product Sample Link: http://www.pico-
rivera.org/depts/ced/planning/plan.asp
ESA | City of Pico Rivera General Plan
Update and EIR. ESA completed a
comprehensive update of the Pico Rivera
General Plan and Program EIR. This
included an update and certification of the
City’s Housing Element and an aggressive
schedule to adopt the accompanying
rezonings within one year of the Housing
Element certification. As a built-out city, a
key component of the update was to
balance the desire to retain the city’s
character and maintain its stable
neighborhoods while providing real
solutions for the enhancement of
opportunity areas and challenges faced by
the city. Other key issues included
addressing compliance with state laws
adopted since the previous general plan’s
adoption as well as adoption of the 2014–
2021 Housing Element and amendments to
the zoning code to create a new mixed-use
zone accommodating increased densities
and height limits in a traditionally single-
family community. The key to meeting the
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Section 4: Relevant Project Experience
4-4 esassoc.com
Relevant Project Experience
City’s aggressive schedule and ensuring a
smooth and efficient work program was a
strong partnership with City staff,
collaborating through constant
communication.
Client: City of Sacramento
Contact: Greg Sandlund, Senior Planner, 916.808.8931,
gsandlund@cityofsacramento.org
Work Product Sample Link: http://www.cityofsacramento.org/-
/media/Corporate/Files/CDD/Planning/Major-Projects/Central-City-
Specific-Plan/Final-
docs/CCSP_Certified_EIR_April2018_WEB.pdf?la=en
ESA | City of Sacramento Central City
Specific Plan and EIR. ESA led a multi-
disciplinary team to prepare the
Sacramento Central City Specific Plan
(CCSP), associated EIR, and related
technical studies and entitlements. The
CCSP establishes a policy and regulatory
framework to achieve a City initiative to
facility the construction of 10,000 units.
Also established is where the housing will
be located, the type of residential products
the market will support, design guidance
for housing and the adjacent public realm,
evaluation and treatment of historic
resources, integration with Sacramento’s
planned streetcar and other mobility
options, needed infrastructure
improvements, the desired amenities to
support additional residents, and how it
will all be paid for. Particular emphasis was
placed on removing barriers and
streamlining the planning and
environmental review processes to support
residential development and encourage
TOD throughout the Central City. The CCSP
provides the vision, strategies and actions
to inspire Downtown Sacramento to reach
its full potential as a modern, inclusive,
interconnected, and mature urban center.
Client: City of Long Beach
Contact: Alison Spindler, Planner and Budget Specialist,
562.570.6946, alison.spindler@longbeach.gov
MBI | City of Long Beach Climate Action
and Adaptation Plan. Through the Climate
Action and Adaptation Plan (CAAP), Long
Beach aims to address climate change,
meeting obligations while improving the
quality of life and economic prospects of
residents. The CAAP is meant to educate
Long Beach residents about the challenges
to come and to galvanize them to take an
active role in the City’s preparation for
possible ecological crises, such as rising
seas and eroding beaches and shorelines
that will affect port operation areas,
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Section 3: Relevant Project Experience
January 15, 2021 City of Rancho Palos Verdes / Housing Element Update 4-5
environmental science associates
Relevant Project Experience
damaging property and affecting
ecosystems. MBI’s work included
stakeholder engagement and public
outreach; overseeing logistics and
execution of public open house meetings in
the community; creating collateral
materials; producing and distributing an
online survey; writing and sending out e-
blasts to project stakeholders and open
house attendees; leading a phone banking
campaign to inform stakeholders and
increase attendance at open house
meetings; creating a social media calendar
and content; as well as strategy
development and evaluation.
Client: City of Long Beach
Contact: Christopher Koontz, Advance Planning Officer, 562.570.6288,
christopher.koontz@longbeach.gov
MBI | 2024 General Plan — Land Use and
Urban Design Elements. The City
conducted numerous community
engagement events regarding the Land Use
and Urban Design Elements of the General
Plan. These meetings and workshops
provided valuable feedback from residents
and business owners. The City then made
important changes to the Plan based on
this feedback. MBI’s work included
collaborating with the City to maximize
attendance at community workshops;
tallying surveys and comment cards and
provided a database for each; creating a
presentation providing assessment of
survey results and comments provided;
grassroots outreach such as flyer drops,
phone and email outreach to businesses,
and providing online surveys via iPads;
collecting written testimonials that
included diverse community concerns;
sending out e-blasts to provide noticing for
the community workshops, a Planning
Commission meeting, and information
about the General Plan; attending
presentation briefings; developing a media
calendar; and posting updates on
Facebook.
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Section 4: Relevant Project Experience
4-6 esassoc.com
Relevant Project Experience
Client: Los Angeles County Metropolitan Transportation Authority
Contact: Kalieh Honish, Executive Officer, 213.922.7109,
honishk@metro.net
MBI | Metro Long Range Transportation
Plan (LRTP). Our Next LA* is Metro’s multi-
year LRTP effort to collect diverse voices
and stories throughout Los Angeles County.
These ideas will help to shape the future of
transportation and access countywide.
MBI’s involvement in the project presents
the challenges associated with obtaining a
large amount of information in a short
period of time. The MBI team made it a
mission to target as many cities and sub-
regions for public outreach as possible,
including all nine of Metro’s officially
designated sub-regions. MBI’s work
included a countywide multi-phased public
outreach plan, grassroots outreach and
special event coordination, project
branding, producing an interactive project
website and collateral material, use of
innovative online engagement tools as well
as videography and photography.
C-42
Section 5
Cost Estimate
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January 15, 2021 City of Rancho Palos Verdes / Housing Element Update 5-1
environmental science associates
Section 5
Cost Estimate
Estimated Costs for Project Milestones
Hourly Billing Rates
C-44
City of Rancho Palos Verdes Housing Element Update Cost Proposal
ESA Labor Detail and Expense Summary
Labor Category Senior Director
III
Senior Director
II Senior Director I Director III Director II Director I
Managing
Associate III
Managing
Associate II
Managing
Associate I
Senior
Associate III
Senior
Associate II
Senior
Associate I Associate III Associate II Associate I Subtotal
Project
Technician III
Project
Technician II
Project
Technician I Subtotal Total Hours Labor Price
Task # Task Name/Description 300$ 280$ 265$ 240$ 225$ 210$ 205$ 190$ 175$ 170$ 160$ 150$ 135$ 125$ 105$ 120$ 100$ 85$
1.0 Project Administration -$ -$ - -$
1.1 Project Kick-Off Meeting 6 1,440$ -$ 6.00 1,440$
1.2 Project Schedule Development 4 960$ -$ 4.00 960$
1.3 Project Coordination 4 66 17,040$ -$ 70.00 17,040$
-$ -$ - -$
2.0 Housing Element Amendment Assessment and Analysis (BAE)
-$ -$ - -$
-$ -$ - -$
3.0 Public Engagement 2 12 3,480$ -$ 14.00 3,480$
-$ -$ - -$
4.0 Planning Commission and City Council Workshops 2 12 3,480$ -$ 14.00 3,480$
-$ -$ - -$
5.0 Draft 2021-2029 Housing Element Update (BAE)-$ -$ - -$
-$ -$ - -$
6.0 General Plan Consistency and Environmental Review -$ -$ - -$
6.1 General Plan Amendment 2 4 12 3,060$ 2 200$ 20.00 3,260$
6.2 Environmental Determination 4 2 4 4 16 4,580$ 2 200$ 32.00 4,780$
6.3 Draft Initial Study/Mitigated Negative Declaration (Draft IS/MND)2 8 8 12 24 60 17,060$ 8 800$ 122.00 17,860$
6.4 Environmental Noticing, Outreach, and Filing 2 4 4 4 8 3,480$ 4 400$ 26.00 3,880$
6.5 Final IS/MND 2 8 8 8 12 24 10,120$ 8 800$ 70.00 10,920$
-$ -$ - -$
7.0 Public Hearings 4 24 6,960$ -$ 28.00 6,960$
-$ -$ - -$
8.0 Final Housing Element Update (BAE)-$ -$ - -$
-$ -$ - -$
9.0 State Certification and City Adoption (BAE)-$ -$ - -$
-$ -$ - -$
Total Hours 18 - - 150 - - - 22 - - 28 44 - 120 - 382 - 24 - 24 406
Total Labor Costs 5,400$ -$ -$ 36,000$ -$ -$ -$ 4,180$ -$ -$ 4,480$ 6,600$ -$ 15,000$ -$ 71,660$ -$ 2,400$ -$ 2,400$ 74,060$
Percent of Effort - Labor Hours Only 4.4% 0.0% 0.0% 36.9% 0.0% 0.0% 0.0% 5.4% 0.0% 0.0% 6.9% 10.8% 0.0% 29.6% 0.0%94.1%0.0% 5.9% 0.0%5.9%100.0%
Percent of Effort - Total Project Cost 2.3% 0.0% 0.0% 15.1% 0.0% 0.0% 0.0% 1.8% 0.0% 0.0% 1.9% 2.8% 0.0% 6.3% 0.0%0.0% 1.0% 0.0%31.0%
ESA Labor Cost 74,060$
ESA Non-Labor Expenses
Reimbursable Expenses (see Attachment A for detail)1,250$
Subtotal ESA Non-Labor Expenses 1,250$
Subconsultant Costs (see Attachment B for detail)163,439.48$
PROJECT TOTAL 238,749.48$
H:C:\Users\rtodaro\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\8SY5Y2LD\ESA Cost Estimate.revised.2.23.21_update-ESA Labor Cost & Project Total
C-45
ESA Non-Labor Expenses Summary
-$
250$
500$
250$
250$
-$
-$
-$
-$
-$
-$
-$
Subtotal Reimbursable Expenses 1,250$
0% Fee on Reimbursable Expenses -$
Total Reimbursable Expenses 1,250$
Other Travel Related
-
-
-
Postage and Deliveries
Mileage
Vehicle Rental
Lodging
Airfare
Reimbursable Expenses
Project Supplies
Printing/Reproduction
Document and Map Reproductions (CD + Digital Photo)
January 15, 2021 5-3City of Rancho Palos Verdes / Housing Element Update
environmental science associates C-46
BAE - Rancho Palos Verdes Housing Element Update Budget
SUMMARY
BUDGET
Managing
Principal
Vice
President
Senior
Associate
Senior
Analyst Analyst Total
hourly rates $310 $260 $195 $110 $100
Tasks
1. Project Administration
1.1 Project Kick-Off Meeting $1,610 1 2 4 $1,610
1.2 Project Schedule Development $1,140 2 2 $1,140
1.3 Project Coordination $0 $0
Task 1 Subtotal $2,750 3 4 4 0 0 $2,750
2. Housing Element Update
2.1 Evaluation of the 2014-2021 Housing Element $6,310 4 12 10 $6,310
2.2 Housing Assessment & Needs Analysis $28,460 2 24 60 90 $28,460
2.3 Adequate Sites Analysis & Constraints $16,720 4 16 40 32 $16,720
2.5 Quantified Objectives $6,340 2 16 8 $6,340
Task 2 Subtotal $57,830 12 68 118 122 0 $57,830
3. Public Engagement
3.1 Public Outreach Program Development & Two Meetings $3,610 2 4 10 $3,610
3.2 Stakholder Interviews $3,610 2 4 10 $3,610
Task 3 Subtotal $7,220 4 8 20 0 0 $7,220
4. Planning Commission and Council Workshops $6,245 4 8 15 $6,245
Task 3 Subtotal $6,245 4 8 15 0 0 $6,245
5. Facilitate Review and Approval of Housing Element
5.1 Administrative Draft Housing Element Update $4,880 4 8 8 $4,880
5.2 Public Draft Housing Element Update $3,060 4 4 4 $3,060
5.3 Public Noticing $390 2 $390
Task 5 Subtotal $8,330 8 12 14 0 0 $8,330
Task 6: General Plan Consistency & Environmental Review (ESA)
Task 7: Public Hearings (MBI/ESA/BAE)$4,100 4 8 4 $4,100
Task 7 Subtotal $4,100 4 8 4 0 0 $4,100
8. Final Housing Element Update $4,780 2 16 0 $4,780
Task 8 Subtotal $4,780 2 16 0 0 0 $4,780
9. State Certification and City Adoption $2,050 2 4 2 $2,050
Task 9 Subtotal $2,050 2 4 2 0 0 $2,050
Subtotal Hours/Budget (pre contingency)$93,305 39 128 177 122 0 $93,305
Reimbursable Expenses
Data Purchase, Mileage, Parking, Printing $1,500
Totals, excluding optional and secondary tasks $94,805 $12,090 $33,280 $34,515 $13,420 $0 $93,305
BAE
5-4 esassoc.com C-47
Palos Verdes
Housing Element
Hourly Rates $126.20 $116.86 $80.31 $65.66 $62.28 $95.00 $80.31
Staff Position
QuantitySr. Project ManagerProject ManagerDeputy Project Manger Account Coordinator IIAccount Coordinator IGraphic DesignerCopywriterTotal HoursTotal CostTask 3 - Public Engagement 38 82 90 88 56 143 4 501 $40,349.54
Develop Public Engagement Program 1 8 8 8 24 $2,586.96
Website Development and Maintenance 8 months 4 8 8 16 16 48 100 $8,689.20
Social Media 8 months 4 8 8 32 8 60 $4,943.28
Develop Project Collateral Materials (Including Large Scale Graphics)4 20 24 8 8 50 4 118 $10,864.20
Stakeholder Interviews 16 2 8 8 18 $1,829.76
Community Meetings 2 8 16 20 24 24 92 $7,556.12
Public Engagement Summary Report 1 4 10 10 8 8 4 44 $3,880.02
Optional Costs: Virtual Meeting Room Development 1 4 4 4 33 45 $4,428.48
Task 4 - Planning Commission and City Council Workshops 4 12 16 8 8 4 4 56 $4,916.84
Planning Commission Workshop 1 2 6 8 4 4 2 2 28 $2,458.42
City Council Workshop 1 2 6 8 4 4 2 2 28 $2,458.42
0 $0.00
0 $0.00
Task 6 - General Plan Consistency & Environmental Review 4 12 16 8 8 20 2 70 $6,276.22
Scoping Meeting (plan and staff)1 2 8 8 8 8 4 38 $3,233.28
Develop Materials for Scoping Meeting 2 4 8 16 2 32 $3,042.94
0 $0.00
0 $0.00
Task 7 - Public Hearings 4 8 8 0 0 8 4 32 $3,163.40
Planning Commission Hearing(s)2 2 4 4 4 2 16 $1,581.70
City Council Hearing(s)2 2 4 4 4 2 16 $1,581.70
0 $0.00
0 $0.00
Total Outreach 50 114 130 104 72 175 14 659 $54,706.00
Standard Printing (Flyers/Notices/etc.)$2,500
Large Scale Printing (Boards/Banners/Signs/etc.)$2,500
Translations / Live Interpreter Services $3,500
Facility Rental(s)TBD
Mileage (current IRS rate)Budget $500
Meeting Platform Hosting (Zoom,GoToWeb,Teams, etc.)$500
Total Other Direct Costs - Estimate $9,000 $63,706.00
With Optional Costs:$68,634.48
Other Direct Costs - Estimate*
TOTAL PROJECT COSTS
*All ODC will be invoiced at cost with no
mark-up at the time of service provided
Optional cost not
calculated in total
cost lines
January 15, 2021 5-5City of Rancho Palos Verdes / Housing Element Update
environmental science associates
C-48
Appendix A
Resumes
C-49
Luci Hise-Fisher, AICP
Project Director
Relevant Experience
C-50
Luci Hise-Fisher, AICP
Page 2
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Ryan Todaro
Program Manager
Relevant Experience
C-52
Ryan Todaro
Page 2
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Daniel Dameron
Principal/Strategic Advisor
Relevant Experience
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Daniel Dameron
Page 2
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bae urban economics
Matt Kowta, MCP
Managing Principal, BAE
Education
Master of City Planning,
UC Berkeley
Bachelor of Arts,
Geography, UCLA
Role for Proposed
Scope of Services
Principal in Charge
Responsible for Project
Guidance & Quality
Control
Professional Experience
For over 28 years, Matt has pioneered
innovative techniques in economic
analysis to meet the challenges of
contemporary urban development. Matt
oversees BAE operations spanning all of
BAE’s offices, supporting clients with
expertise in development feasibility and
market analysis, affordable and workforce
housing, public finance and fiscal impact,
and strategic economic development.
Matt has managed numerous studies
relating to affordable housing, workforce
housing, inclusionary housing policies,
and housing impact analyses. Matt has
directed preparation of full Housing
Element Updates and Housing Element
Needs Assessments and for a diverse
range of California communities, ranging
from urban locations such as Vallejo to
rural areas such as Yolo and Butte
Counties. His Housing Element work also
includes Napa County for the past three
update cycles, St. Helena, Truckee,
Windsor and Davis. Matt recently served
as BAE’s principal-in-charge for major
affordable and workforce housing studies
in the Lake Tahoe region, including the
Truckee/North Tahoe Regional Housing
Needs Study. Matt is currently leading
BAE’s work assisting Palm Beach
County, Florida with a workforce housing
program update and for an inclusionary
housing policy analysis for the City of
Napa and a Housing Strategy for the City
of Sunnyvale.
Matt’s other experience spans the full
continuum of the development process,
from long-range planning through
redevelopment and revitalization.
Housing Element
Updates (3 cycles)
County of Napa, California
Housing Needs Analysis,
Housing Policy
Development
Truckee North Tahoe
Workforce Housing
Town of Truckee,
California
Housing Needs Analysis,
Best Practices, Strategy
Development
Assured Housing
Feasibility Study
City of Moab and Grand
County, Utah
Housing Feasibility
Analysis, Workforce and
Affordable Housing, Policy
Development
Workforce Housing
Policy Feasibility
Palm Beach County,
Florida
Housing Needs Analysis,
Development Feasibility
Analysis, Policy
Development
Affordable Housing
Nexus Analysis
City of Bloomington,
Minnesota
Housing Needs Analysis,
Development Feasibility,
Affordable and
Inclusionary Housing
Policy Development
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bae urban economics
Lisa Varon
Vice President
Education
Master of Arts,
Urban Planning, UCLA
Bachelor of Arts,
English, UCLA
Professional Experience
Lisa Varon has extensive affordable
housing experience in acquisitions,
feasibility, market understanding, project
management and compliance. Since
joining BAE in March 2019, Lisa has
worked on the Culver City Rent Freeze
Study, the HCIDLA Rent Stabilization
Ordinance and Bond Unit Fee Studies,
and LA Metro’s Western/Crenshaw
mixed-income and mixed-use
development negotiations. She is
currently a consultant for the Warner
Center Inclusionary Housing Study, the
Slauson Corridor Transit Neighborhood
Plan Market Study, and a childcare
feasibility study in San Bernardino.
Prior to joining BAE, Lisa worked for the
City of Santa Monica and several
nonprofit developers. At the City of
Santa Monica, Lisa underwrote, closed
and managed over $100 million-dollars in
Citywide Housing Trust Fund Loans
(HTF), structured public-private sector
partnerships, and restructured financing
for deed-expiring affordable housing.
Lisa also served on the Santa Monica
Redevelopment Successor Agency, and
the LA County inaugural MHSA Housing
Trust Fund Advisory Committee,
approving over $75 million in housing
loans. Lisa earned an MA in Urban
Planning and a BA in English at the
University of California, Los Angeles.
Slauson Corridor Transit
Neighborhood Plan
Market Study
Los Angeles City Planning
Department
Market study and planning
policy for three South Los
Angeles planning areas.
Culver City Temporary
and Permanent Rent
Control Studies
City of Culver City
Conducted policy review
and residential rental
market study analyzing
potential impacts of
implementing rent control.
Warner Center
Inclusionary Housing
Study
Los Angeles City Housing
Department
Participated in inclusionary
housing policies and
financial feasibility study
for the Warner Center
Specific Plan Area.
Childcare Expansion
Feasibility Study
California State University,
San Bernardino
Program operations
assessment and
community needs survey.
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Aaron Barker
Senior Associate, BAE
Education
Master of City Planning,
University of Southern
California
Bachelor of Arts,
International Studies,
University of Washington
Professional Experience
Aaron provides housing and real estate
advisory expertise—including pro forma
analysis and market studies—for a diverse
range of communities across the US.
Aaron is currently working with the City of
Culver City on a rent control study to help
design and implement a permanent rent
control ordinance. He is also testing the
feasibility of new residential prototypes along
Metro’s Purple Line Extension for the City of
Los Angeles, as well as along the future Rail
to River Corridor for the Slauson Transit
Neighborhood Plan.
Aaron brings a strong professional
background in feasibility testing, land-use
planning, and economic development. Aaron
played a key role in supporting the City of
LA's Affordable Housing Linkage Fee Study,
as well as helping evaluate new legislation
such as Measure JJJ and the Transit-
Oriented Communities (TOC) program. For
the City of Ventura’s commercial linkage and
residential in-lieu fee analysis, he created a
series of pro forma models to test the level of
fees that market rate development could
absorb. Other projects include evaluating
Joint Development proposals for Mixed-Use
TOD along the Metro Expo and Gold Lines.
Prior to joining BAE, Aaron worked for the
Office of LA Mayor Eric Garcetti in the
Infrastructure Services department, providing
research and analysis to assess the potential
for leveraging EIFDs to fund improvements in
green infrastructure and affordable housing.
Aaron is an active member of the Urban
Land Institute, and co-chair of the
Roundtable Committee for Urban
Marketplace.
City of Culver City
Permanent Rent Control
Ordinance
Culver City, CA
Rental Market Analysis
Capital Improvement Pass-
Throughs
City of Los Angeles
Affordable Housing
Linkage Fee Nexus Study
Los Angeles, CA
Linkage Fees
Building Permit Analysis
Market Conditions Evaluation
Tempe Affordable Housing
Strategy and Urban Core
Master Plan
Tempe, AZ
Market Analysis
Housing Needs Assessment
Transit Neighborhoods
Plan (TNP) Market Analysis
Los Angeles, CA
Mixed-Use Feasibility
Analysis
Public Benefits Feasibility
Metro Boyle Heights
Development Advisory
Los Angeles, CA
Development Feasibility
Solicitation and Evaluation
Negotiation Support
City of Ventura
Linkage Fee Study
Development Feasibility
Market Conditions Evaluation
Long Beach Hotel Incentive
Program
Long Beach, CA
Market & Feasibility Analysis
Hotel Demand Projections
Program & Policy Guidelines
Labor Cost Analysis
Revenue Projections
Anaheim Beach Boulevard
Specific Plan
Anaheim, CA
Market Analysis
Motel Demand Analysis
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Denim Ohmit
Senior Analyst, BAE
Education
Bachelor of Arts, Urban
Studies, University of
California, Berkeley
Professional Experience
As a Senior Analyst at BAE, Denim brings
a strong foundation in quantitative and
qualitative research, complex database
development, and geospatial analysis to
consulting assignments across the
company.
Denim regularly assembles and interprets
demographic, economic, and real estate
data for use in BAE’s market, fiscal,
financial feasibility, nexus, and economic
impact analyses. Since joining BAE in
2016, he has contributed to numerous
housing-related engagements throughout
California, including a housing strategy
for the City of Sunnyvale; market
analyses of transit-oriented
neighborhoods for the City of Los
Angeles; joint development advisory
engagements for the Santa Clara VTA,
Los Angeles Metro, and CSU Dominguez
Hills; inclusionary housing and in-lieu fee
studies for the cities of Los Angeles,
Ventura, Menlo Park, and Napa; policy
analysis of a below-market-rate housing
program in the City of San Carlos; and
several fiscal impact analyses with
residential components.
Prior to joining BAE, Denim was an
inaugural Urban Justice Design Fellow at
the Dellums Institute for Social Justice,
where he researched and analyzed
policies to address the displacement of
small businesses and non-profit
organizations in Alameda County. He
was also a Matsui Local Government
Fellow in the San Francisco Mayor's
Office of Housing and Community
Development and an Urban Equity
Student Fellow at UC Berkeley’s Institute
for Urban and Regional Development.
City of Culver City
Permanent Rent Control
Ordinance
Culver City, CA
Demographic and Rental
Market Analysis
Affordability Gaps Study
for Measure JJJ In-Lieu
Fees
City of Los Angeles
Real Estate Market Data
Analysis
Transit Neighborhood
Plans: Orange Line and
Purple Line Extension
City of Los Angeles
Demographic and Real
Estate Market Analysis
Economic Support for
Rancho San Pedro
Transformation Plan
Housing Authority of the City
of Los Angeles
Real Estate Market and
Demand Analysis
Joint Development
Advisory Services
CSU Dominguez Hills
Financial Feasibility Analysis
for Residential, Retail, and
Office Uses
Affordable Housing Fee
Study
City of Ventura
Affordable Housing Need
Analysis and Policy
Development; Inclusionary
Feasibility Analysis
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Matt Maldonado || Senior Project Manager
Education
B.S., Business Administration
Concentration on Marketing
Management and Communications
California State Polytechnic
University, Pomona
Capabilities
Strategic Communications
Community Relations
Event Planning
Digital Media
Web Design
Graphic Design
HTML
SEO
Database Management
Years of Experience
19
Matt has extensive experience in digital marketing and communications,
which has provided the foundation for his current work as the Senior Project
Manager at MBI. He has led multiple outreach campaigns in a range of
industries and now oversees and manages our multi-disciplinary, diverse and
dynamic team to deliver integrated solutions for all of our projects. Matt has
the ability to manage complex, multi-phased projects. He works with each
project manager and supports the project team to make sure every project is
a success. Currently, he is handling Senior Project Manager public outreach
responsibilities for the California High Speed Rail Authority’s Palmdale to
Burbank Project Section and Metro’s Long Range Transportation Plan (LRTP).
Relevant Experience
City of Long Beach – 2040 General Plan Update, Senior Project Manager
Oversaw successful grassroots outreach campaign that included flyer
drops in designated areas, phone and email outreach to businesses,
and providing online surveys via iPads
Managed and created an email marketing campaign to provide noticing
for the community workshops, a Planning Commission meeting, and
information about the General Plan
Supervised the creation of collateral in Spanish and other languages
Managed all meetings, collaterals, and outreach staff for the City of Long
Beach General Plan Community Workshop Meetings
Participated in weekly project update conference calls
City of Long Beach – Climate Action Adaptation Plan (CAAP), Senior Project
Manager
Developed strategies for the project to gain traction and build awareness
Oversaw creation of collateral materials including flyers, comment
cards, fact sheets, FAQs, infographics and project boards
Oversaw stakeholder engagement and public outreach planning
Successfully managed extensive phone banking campaign to raise
awareness and encourage attendance for CAAP events
Supervised the development of infographics to convey technical
information to be easily understood and with graphic representation
Metro – Long Range Transportation Plan, Senior Project Manager
Manages all meetings, collaterals, and outreach staff for Special
Outreach Events held throughout the numerous cities and sub regions of
Los Angeles County
Coordinates Community-Based Organizations (CBO) and Stakeholder
Engagement
Develops engagement strategy for public engagement involving
transportation consumers, transportation providers, and jurisdictions
Participates in weekly project update conference calls
Collaborated with Metro on project branding (Our Next LA* campaign)
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Assisted Metro with development of interactive project website:
https://ournext.la
Managed the distribution of public surveys, garnering more than 20,000
responses and over 4,000 unique My Next LA post-its responses
Managed the project team’s execution of 33 different community outreach
events throughout Los Angeles County
California High-Speed Rail Authority (CHSRA) – Palmdale to Burbank Section,
Senior Project Manager
Oversees all collateral development, coordinating with CHRSA on copy
and design approval
Directs the development of CHSRA’s project deliverables and ensures
they are aligned with and meet the project’s goals
Manages team strategy meetings to coordinate open houses and
community presentations
Assists in facilitation and management of all open house community meetings
Provides strategic insight and direction for the project team to accurately
scope work and leverage the appropriate delivery for CHSRA needs
Manages staffing for project needs and maximizes the efficiency and
optimization of the outreach team
Los Angeles County Department of Public Works – East San Gabriel Valley
Active Transportation Plan, Senior Project Manager
Develops different outreach efforts to ensure residents, disadvantaged
groups, concentrated ethnic populations, and community-based
organizations are active participants
Collaborated with client to develop project branding and overall graphic
designs
Oversees email marketing and community hotline
Manages project management team and oversees deadlines and
requests
Oversees creation of social media content and posts, including ATP
Instagram account
Supervises phone banking calls to the benefitted communities
Develops run-of-day itinerary for community events
Metro/Metrolink – Metrolink Station Location Studies, Senior Project
Manager
Developed and created the Public Outreach Plan (POP) which was used
to communicate project information to stakeholders in a
comprehensive, consistent, and transparent manner
Managed stakeholder outreach, elected official outreach, public
meetings and online surveys
Managed platform outreach in El Monte, Northridge,
Montebello/Commerce and Rio Hondo College
Oversaw distribution of surveys in English and Spanish
Facilitated a successful survey campaign, garnering over 1,700
responses, one of the largest survey responses for rail at the time in
Southern California
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Xochitl Nieves || Deputy Project Manager
Education
B.S., Sociology
San Francisco State University
Certificate, Meeting & Event Planning
San Diego State University
Capabilities
Bilingual (Spanish)
Social Media Management
Event Planning
Community Outreach and
Enrichment
Fundraising and Sponsorships
Employee Relations and
Management
Affiliations
Meeting Planners International
Awards
Employee of the Month, Sheraton
Fairplex – March 2019
Certifications
International Event Planning
Professional, QC Event School
Years of Experience
4
Xochitl is passionate about seizing opportunities and learning new perspectives
and skill sets to use them for humanitarian goals and missions. She combines
determination, consistency, adaptability, critical observation and problem-
solving, to tackle projects and ensure client expectations are exceeded. She has
worked on multiple large-scale projects since joining MBI including the City of
Long Beach’s Climate Action and Adaptation Plan, Metro’s Link Union Station and
Metrolink’s SCORE Program. In addition, Xochitl is bilingual and speaks
fluent Spanish, enabling our team to connect with a broader range of
stakeholders and better facilitate the public outreach process.
Relevant Experience
City of Long Beach – Climate Action and Adaptation Plan (CAAP), Lead Account
Coordinator
Participated in grassroots outreach efforts at events
Assisted with the preparation and translation of collateral
materials for outreach efforts
Conducted set-up and facilitation of outreach events
Updated stakeholder databases
Researched and acquired vendors for outreach events
Los Angeles Metropolitan Transportation Authority (Metro) – Long Range
Transportation Plan (LRTP), Lead Account Coordinator
Assisted in outreach planning and processes
Managed and organized data sets
Assisted with CBO Outreach Plan
Prepared stakeholder databases
Los Angeles County Department of Public Works – East San Gabriel Valley
Active Transportation Plan, Lead Account Coordinator
Develop social media calendar and schedules
Drafted and uploaded Instagram posts for project’s page
Cultivated a social media following on Instagram organically
Riverside Transit Agency (RTA) – Vine Street Riverside Mobility Hub
Conceptual Plan, Lead Account Coordinator
Developed and implemented the Strategic Outreach Plan
Coordinated collateral materials (print and digital) branding and
messaging with RTA
o Created overview sheet, website, feedback form, social
media posts, project boards, workshops flyers and
PowerPoint presentations
Developed public survey questions to collect community feedback
Conducted intercept surveys and direct noticing (door-to-door
outreach)
Managed the preparation and logistics of community visioning
workshops
Created and maintained stakeholder database
Created and delivered summary report of public workshops
conducted
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California High-Speed Rail – Construction Package 4 – Communication
Support Devices, Lead Account Coordinator
Coordinate outreach activities for upcoming construction work
including road closure notification emails and notifications posted
on the CHSR website
Coordinate with CRB for Business and Residential Impact Mitigation
(BRIM) noticing for road closures
Involved in the ongoing planning of logistics and outreach activities
for the Community Public Open House meetings
Support CHSR with facilitation of the Community Public Open House
meetings including set-up and tear-down, support sign-in and
collateral tables, photograph event, etc.
Assist with meetings held to provide the community information on
elements of the project in Wasco, including design, right of way,
small business and employment opportunities, etc.
Metro – Link Union Station (Link US), Lead Account Coordinator
Assisted with the preparation of collateral materials for outreach
efforts
Involved in grassroots outreach efforts to collect feedback
Coordinated online engagement, E-blast/Facebook posts, and
website edits
Managed the preparation of community meetings and open house
o Walkthroughs of floor plans
o Coordination of signage to promote events
Provided Spanish translation for PowerPoint presentations
Assisted in the coordination of distributing the Final Environmental
Impact Report to local libraries
Metrolink – Central Maintenance Facility, Lead Account Coordinator
Maintained database of interested individual and community
stakeholders from public meetings
o Manage database of feedback collected at public meetings
Coordinated logistics and payment process with vendors for use of
facilities
Facilitated community meeting – sign-in table and speaker cards
Involved in the setup and breakdown of public meetings
Provided Spanish translation of collateral materials
Provided Spanish interpretation at public meetings
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Laura Hernandez || Deputy Project Manager
Education
Bachelor's in Business
Management
University of Cundinamarca
Fusagasugá, Cundinamarca,
Colombia
Capabilities
Bilingual (Fluent in Spanish)
Human Resources
Payroll
Onboarding
Administration
Management
Quality Management
Employee Relations
Supervising
Problem Solving
Organizational Skills
Years of Experience
5
Laura is a Deputy Project Manager with the profile to plan, organize, analyze and
adapt to different situations guaranteeing efficiency and effectiveness in the
execution of processes. Her experience living in South America and having the
opportunity of working closely with the community in a country where economic
and political challenges are on a higher scale, have shaped her unique perception
of the world. Her involvement in different industries have given her an
understanding of the important role organizations have in making the effort to
connect their ideas and practices to the public through community outreach. Her
goal is to utilize her organizational and bilingual skills to gain further experience
while enhancing MBI’s productivity and public outreach capabilities.
Relevant Experience
City of Anaheim Department of Public Works – Anaheim Resort Area
Mobility Plan, Account Coordinator
Administered Spanish translation for collaterals and surveys
Conducted intercept surveys with key stakeholder groups in the
Anaheim Resort Area
Riverside Transit Agency (RTA) – Vine Street Mobility Hub Plan, Account
Coordinator
Developed public survey questions to collect community feedback
Administered Spanish translation for collaterals and surveys
Conducted intercept surveys with key stakeholder groups
Conducted direct door to door outreach for community workshops
Assisted in the coordination of stakeholder mailings
Assisted with coordinating logistics of community visioning workshop
Created and maintained stakeholder database
Metrolink – Public Affairs Support Services, Deputy Project Manager
Assisted with coordinating logistics for community meetings and
facilitating direct outreach
Participated in door-to-door outreach
Assisted in the coordination of stakeholder mailings
Participated in the development of community notices
Administered Spanish translation support for community notices
Tracked expenses for monthly project billing
Metrolink – Rail Modernization at Union Station, Deputy Project Manager
Developed project communications and outreach plan
Participated in the development of community notices
Administered Spanish translation support for collateral materials and
community notices
Assisted in the coordination of stakeholder mailings and door-to-door
noticing
Participated in online engagement, e-blast/social media posts, and
website edits
Developed collaterals for notification and branding for the release of the
Revised NOI (Fact Sheet, FAQs)
Metrolink – Southern California Optimized Rail Expansion (SCORE), Account
Coordinator
Participated in SCORE planning meetings for SCORE outreach
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Created meeting minutes and agendas for planning meetings
Edited and revised collateral material content
Edited and revised communications plan for SCORE project
Assisted in planning and coordination for Pop up events
Tracked expenses and progress report activities for monthly project
billing
Los Angeles Metropolitan Transportation Authority – Link Union Station
(Link US), Account Coordinator
Assisted with preparing collateral materials for outreach efforts
Involved in grassroots outreach efforts to collect feedback
Participated in online engagement, e-blast/Facebook posts, and
website edits
Assisted in preparation and update of stakeholder database reflecting
the affected properties
Provided Spanish translation to collateral materials
Assist in the coordination of stakeholder mailings
Developed collaterals for notification and branding for the release of the
Revised NOI (Fact Sheet, FAQs)
Los Angeles County Metropolitan Transportation Authority – Long Range
Transportation Plan, Account Coordinator
Organized and managed data sets
Coordinated logistics for special events, including venue location
research
Tracked expenses and progress report activities for monthly project
billing
Developed stakeholder database
Facilitated translation services for the project website and presentations
California High-Speed Rail Authority (CHSRA) – Palmdale to Burbank
Section, Account Coordinator
Participated in online engagement, e-blast/Facebook posts, and
website edits
Developed collaterals for notification and branding for the release of the
Revised NOI (Fact Sheet, FAQs, postcard)
Participated in P-B outreach standing meetings
Assisted with the development of CHSRA’s project deliverables and
ensured they are aligned with and meet the project’s goals
Developed and updated weekly progress report and meeting outreach
log
Tracked expenses and progress report activities for monthly project
billing
Orange County Transportation Authority (OCTA) – I-405 Project, Account
Coordinator
Provided Spanish translation of community notices
Assisted in the coordination of stakeholder mailings
University of Cundinamarca – Fusagasugá (Cundinamarca, Colombia),
Administrative and Events Coordinator
Reviewed technical data sheets and budget availability of the activities
Participated in the recruiting process of the professionals
Managed contracts and on-boarding processes
Provided payroll support
Managed pre-enrolled billing for activities
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