Amendment to Existing Contract (Pdb-psa-rincon-005!13!14) With Rincon Consultants 10-07-14

8/11/2019 Amendment to Existing Contract (Pdb-psa-rincon-005!13!14) With Rincon Consultants 10-07-14

1/18

Agenda Item: 7.D

CITY OF CARMEL-BY-THE-SEA

Council Report

October 7, 2014

To: Honorable Mayor and Members of the City Council

From: Douglas J. Schmitz, Interim City Administrator

Submitted by: Rob Mullane, AICP, Community Planning and Building Director

Subject: CONSIDERATION OF A RESOLUTION AUTHORIZING THE CITYADMINISTRATOR TO ADOPT AN AMENDMENT TO ANEXISTING CONTRACT (PDB-PSA-RINCON-005-13-14) WITHRINCON CONSULTANTS, INC. FOR CONTINUED CONTRACTPLANNING SERVICES, IN AN ADDITIONAL AMOUNT NOT TO

EXCEED $70,720RECOMMENDATION(S):

Adopt a Resolution (Attachment A) authorizing the City Administrator to amend(Attachment B) an existing contract (PDB-PSA-RINCON-005-13-14) with RinconConsultants, Inc. for continued contract planning services, in amount not to exceed$70,720 for up to an additional 12 months duration.

______________________________________________________________________EXECUTIVE SUMMARY:In November 2013, the City Administrator entered into an agreement for consultingservices with Rincon Consultants to provide contract planning services to theCommunity Planning and Building Department. The term of the contract was for oneyear, with the initial contract amount established at $25,000. The contract wasextended and augmented by the City Council in February 2014, to a not to exceed totalcontract limit of $106,600.

ANALYSIS/DISCUSSION:Rincons assigned contract planner, Christy Sabdo, assists with the Planning Divisionscurrent planning case load. This includes administrative (staff level) approvals,discretionary approvals, and providing assistance with Planning Counter questions 3 or4 days per week.

A full-time assistant/associate was approved by the City Council, and a recruitment for

that position was recently initiated. The recruitment and hiring phase is expected totake a minimum of 3 to 4 months. In the interim, and since the FY 2014-2015 budget

approval, Ms. Sabdo has been able to provide staffing for 4 days a week at 8 hours per

day. This has provided crucial support for the Department in managing the current

planning workload.

This contract amendment would allow for continued staff support for the Community

Planning and Building Department until the full-time position is filled and that new staff

Agenda Item: 7.DCity Council Meeting - October 7, 2014Page 68


2/18

Agenda Item: 7.D

person trained, and may also assist with some level of ongoing support as needed

following the recruitment, hiring, and training of a full-time planner.

FISCAL IMPACT:The contract amendment specifies a not to exceed limit of $70,720. This would be inaddition to the $106,600 current authorization, so the amended contract amount would

be $177,320. The contract amendment would provide for an average of 70 hours ofassistance per month. The cost to the City is partly defrayed by Planning and BuildingPermit fee revenue.Budgeted (yes/no) Funding Source( general fund, grant,

state)Yes General Fund

ALTERNATIVES:The Council could opt to not amend the contract, in which case it would expire uponreaching the limit of the current contract, which is $106,600. That would likely occur

sometime later this month. This would have a substantial adverse impact on Planningapplication review turn-around times, customer service levels, and Departmentalfunctions for at least 4 to 6 months while a full-time planner is recruited, hired, andtrained.

PREVIOUS COUNCIL ACTION/DECISION HISTORY:

1. Approved Contract Amendment #1 on February 4, 2014

2. Approved FY 2014-2015 Budget in July 2014, which provided for additional

planning staff resources.

ATTACHMENTS:

1. Resolution 2014-__

2. Contract Amendment No. 2

3. ExistingContract including Amendment No. 1

REVIEWED BY:

City Administrator City Attorney Administrative Svcs

Assistant City Admin. Director of CPB Director of Public Svcs

Public Safety Director Library Director Other: ___________



3/18

Agenda Item: 7.D

Attachment ACITY OF CARMEL-BY-THE-SEA

CITY COUNCIL

RESOLUTION 2014-_____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEAAUTHORIZING THE CITY ADMINISTRATOR TO AMEND AN EXISTING CONTRACT(PDB-PSA-RINCON-005-13-14) WITH RINCON CONSULTANTS, INC. FOR

CONTINUED CONTRACT SERVICES IN AN ADDITIONAL AMOUNT NOT TOEXCEED $70,720.

WHEREAS, the City of Carmel-by-the-Sea entered into a contract forprofessional services with Rincon Consultants to provide contract planning services onNovember 7, 2013; and

WHEREAS, the City Council of the City of Carmel-by-the-Sea authorized a

contract amendment of $81,600 on February 4, 2014; andWHEREAS, the funds are planned and budgeted for and will be authorized from

the Community Planning and Building Departments budget.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THECITY OF CARMEL-BY-THE-SEA does hereby:

Authorize the City Administrator to amend the existing contract with RinconConsultants, for continuation of contract planning services for a period of 12months for an additional amount not to exceed $70,720, with all other terms ofthe existing contract remaining unchanged.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 7thday of October 2014 by the following roll call vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

SIGNED: ATTEST:

Jason Burnett, Mayor Lori Frontella, MMCInterim City Clerk



4/18

Agenda Item: 7.D

Attachment BAMENDMENT NO. 2

TO PDB-PSA-RINCON-005-13-14

THE EXISTING CONTRACT IS AMENDEDAS FOLLOWS:

CONTRACT AMENDMENT NO. 2

Term of the Contract: The term of the contract is extended to October 6, 2015, withadditional extensions subject to City Council approval.

Compensation: The compensation amount is increased by an amount of up to$70,720, for a revised not-to-exceed total of $177,320.

City Signatures:

_____________________________Douglas J. SchmitzCity Administrator

Date: ___________________, 2014

ATTEST:

_____________________________Lori Frontella, MMCInterim City Clerk

Contract Signatures:

_____________________________Stephen Svete, AICP, LEED AP NDPrincipal

Date: -------------------------------, 2014



5/18


PBl> PS Rtll iCLJi l oo

13 ty

CONTRACT #

CONTRACT

FOR

PROFESSIONAL CONSULTING SERVICES

~ 1M

. .w

THIS

CONTRAG T

is

executed l-

~ d a y ~ ~

2013, by and between

the

CITY

OF

CARMELBYTiiESK\, hereinafter

referred

to as C:I'I'Y

and

Rincon

Consultants INC., hereinafter called CONSU1JfAN1' .

f i

IS

HEREBY

MUTUALLY

AGREED

AS

FOLLOWS:

1.

Scone. CONSUL'rANT hereby agl.'ees

to provide

to

CITY,

as

the

scope

of

services under this Contract tbe services Ret forth

in

Exhibit

A

Attached hcr0to and

inc


6/18


6. Meet

and

Confer. CONSULTANT agrees to meet and

confe1

with CITY or

its

agents

or

employees with

regard

to

s e r v i c e ~

as set

forth herein as

may be required by

City

Administrator

to

insure

i m e ~ y and adequate perf01manee of this Contract.

7. Indemnifi ,lSti.Q:q.

CONI::lUI...TANT

hereby

agrees

to

the

following

indemnjflcation clause:

'l'o

the

fullest extent

permitted

by law (including, without limitation,

Califomia Civil Code

Sections

2782

and

2'182.6), CONSULTANT s hall defend (with legal

counsel reasonably acceptable to designated agents,

departments,

offieials, represen tatives,

and employees (collectively "Indenmitees") tiom and against claims, loss, cost, damage,

injllly expensf' and liability (including incidental and consequential damages, court costs,

reasonable attorneys' fees, Jitigabon expenses and fees

of expert consultants or

expert

witnesses incw.-red

in

connection

therewith and

eosts

of

investigation) to

the e)l.1;ent

they

arise out

of,

pertain to, or relate

to,

the

negligence, recklessness,

or

willful misconduct of

CONSULTANT, flny SUB-CONSULTANT, anyone directly or indirectly employed by them,

or anyone thai

they

control (co1lectively "Liabilities").

Such

obligations to defend, hold

harmless and

Indemnify

any

Indemnitee

shall

uot

apply

to the extent

that

such Liabilities

are

caused in

part by

the

negligence,

or

willfulmisconduc.;t of such Indemnitee.

Notwithstanding the

provisions

of the

above

paragraph,

CONSULTANT

agrees

to indemnify and hold hal'mless CITY from and against any and all claims, demands,

defense costs, liability, expense,

or

damages

arising out

of

or

in connection with damage to

or

loss

of

any property belonging to CONSULTANT

or

CONSULTAN'l"S employees,

contractors, representatives, patrons,

guesis or

invitees.

CONSULTANT

further

agrees to indemnify

CITY

for

damage

to or

l o t ~ s

of

CITY OF C A l ~ M E L - B Y I H E S J l : ; A property to the proportionate extent they arise out of

CONSULTANT S negligent pe1formance of the work associated with

this

Contract or to

the

proportionate

extent the:v

arise

out of any

negligent

act or

omission

of

CONSUL'fANT

or any

of CONSULTANT'S employees, agents, contractors, representatives, patrons, guests Ol

invitees; excepting

such damage or

loss arising

out

of the negligence

of

CITY.

8. Insurance. CONSULTANT shall submit and maintain

in

full force

insurunce as described herein.

Without

altering or Jimiting CONSULTANT'S duty to

indemnify, CONSULTANT

shall

maintain effect th1oughout the term

of this

Contract, a

policy

or

polieies of insurance with the following minimum limits of liability:

Commercial general, liability

insurance

including but

not limited

to premises,

personal injuries,

bodily injuries, products, and completed operations,

with

a combined

single

limit

of

not

less than $1,000,000

per

occurrence

and

$2,000,000 in tl1e aggregate.

Profesaional Liability Insurance CONSULTANT ,c;hall maintain in effect

throughout

the

term

of

this

Contract

professional

liability

insurance with limits of

not lesR

than $1,000,000 per claim

and

.$2,000,000 jn the aggl'egate. CONSUL1'AN1' will either

maintajn or cause

to

e maintained

professional liability coverage in full force

Ol

obtain

extended

reporting

(tail) coverage (with the

same

liability limits) for

at

leLtst three 3) year

following CITY'S acceptance

of

work.

2


7/18


Wot_kers Compensation

Insurance

If

CONSULTANT

E\mploys

others in the

perfornumcP. of this

Contract,

CONSULTANT sh all maintain

v1orkera'

compensation

insurance in accordance with Califomia Labor Code section 3700 and with a minimum of

$100,000

per

occurrence for employers' liability.

Other l m J g { U l . J : E I ~ g u i r e x p e n t e

A. All

insurance

required undel' thiB Contract

must

be written

by

an

insurance company either:

1 admitted do buf:l)ness in California with a current A.M. Best

rating

of no less

that

A:VI;

or

2) an insurancf' company with a cul'rent A.M. Beat rating of no

less that AVTJ

Exception may

be madE\

for

th

e St::\te (',ompenaation Insurance Fund

when not specifically rated .

.

Ench insurance policy r l ~ q u i r e d

by

this

Contract sbaU be endorsed to

s

tate

that CITY

shall

b0 given notice in writing at

least thirty

(30)

days

in

advance of any can('dlation thereof, except CI'J'Y shflll be

given TEN (10) days notice for nonpayment of

the

premium .

C. The

general liability and auto policies shall:

1 Provide an endorsement naming CITY, its officers, officials,

and

employees as additional insureds

under

an ISO CG 20 10 07 04 or

ISO 20 37 07 04 or theil' equhralent.

2 Provide

that

such insurance is primary a

nd

non-contributing

insurance to any

insurance

or self-insurance maintained by CITY.

3) Contain a Separation of Insureds provision substantially

equivalent to

that

used

in

the ISO form CG 00 01 10

1

or their

equivalent.

4

Provide for a waiver of any subrogation rights against CITY

via

an ISO CG 21 01 10 93 or

its equivalent

.

D. Prior

to

the start of work unde1 this Contract CONSULTANT shall

file certificates of insun:mce

and

endorsements evidencing the

coverage required by this Contract with t.he City Administrator.

CONSULTANT shall file a uew or amended certificate of insurance

promptly af ter any

chang

e is

111ade

in any insurance policy which

would alter the information on

the

certificate

then

on file .

.


8/18


E. Neither the i n s u r n c ~ requirements herenndet, nor acceptance

or

approval of CONSULTANT'S insurance nor whether nny claims arc

covered under any insurance, shall

in any

way modify or change

CONSUL'l'AN'l S obligations unde1 the indemnification clause

n

this

Contract, which

shall

continue in full force and effect.

Notwithstanding the insurance requirements contained herein,

CONSULTANT is financially liable

ox

its indemnity obligations

under this

Contract

.

F.

Any

deductible

or

self-ins

ured

retentions must be

declared

to

and

approved by CITY.

At

the option of Cl'J'Y either: the insured shall

rP.duce or eliminate such deductibles or self-insured retentions

as

respects CITY,

its

officers, officials, employees,

and

volunteers; or

CONSUL'l'AN'r

shall

provide a financial guarantee satisfactory

to

CITY guaranteeing payment of losses

and

related investigations,

claim

administration

and defense expenses.

D Ownership of Work. Upon completion of the work under

this

Contract,

ownership and title to all mate1ials

and

dcliverables produced

as

part of this

Contract

will

automatically h(

vested

in

CITY and no further

contract

will be necessary t:o transfer

ownership

to

OT i Y .

10. Licensing. CONSULTANT represents that

it

is properly licensed to perform

the work specified under

this

ContJ.act, including but not l.i.Jnited to, posaession of a curl'fmt

city business license.

11. Termination.

This

Contract

may

be

tcnninatod by

either party upon

thirty

(30) calondru days wl'itten notic:e to

the

other pa1

ty

.

In

the

event

of

such

termination,

ITY shall pay CONSUL1'ANT for all services

performed

to the satisfaction of CITY to the

d ~ t e of receipt.

o

notice of termination. An itemized statement of the work

performed

to

the

date

of termination shall be submitted to CITY.

In

ascertaining the services actually

rendered hereunder

up to

the

date

of termination of this

Contract consideration

shall

be

given to both completed work

and work in

process of completion,

and

to complete and

incomplete d.lawings and other documents whether delivered to CITY or

in

the possession of

the

CONSULTANT.

12. Agency. Jn performing the services specified under

this

Contract,

CONSUL'fANT is hereby deemed to be an indE-pendent CONSUL'J'ANT and not an agent or

umployee of CITY.

13. Authority

of

the

City

Administrator. CONSULTANT shaH perform all

necessary Rerviccs

provided

unde1 this

Contract and outlined in

the proposal

and

shall

do,

perform, and carry out said worlt

in

a satisfactory and proper manner

as

determined by and

tu

the satisfaction of the City Administrator. The City Administrator reservel3 the right to

make

changes,

additions

or delE-tions, to the scope of work f U:J deemed necessary or advisable

to

implement and

car.1.y out the purposes of

this Contract

. The City

Administrator is

authori.-.ed to execute c;hange orders.


9/18


1. 1 . Responsibility

of

Consultant.

By

executin? this CONSULTANT represents

and slate to CJ'l'Y that

hell;he possesses,

or will arrange

to

secure

from othet'll,

all

necessary

professional capabilities,

experience,

resm1rceB

and facilities

necessary

to provide to

city the

services

contemplated under this

Contract.

CONSULTANT

further

warrants that

he/she

will

follow

the current

generally

accepted

practices

of

the

profession to

make

findings,

render opinions, prepare

factual

presentations,

and

provid.e professional advice and

recommendations regarding the project tor which services are tendered under this Contract.

15. Materials

and E ~ : t p e n t CONSULTAN f shall

fl.U'nish at. his/her own

expense, aH

materials

and equipment necessary to carry

out

the terms of this

Contract

.

16.

igital Files. CONSULTAN l

shall

furnish copiel:l of all deliverahles on

compAct

di8ks

(for

example,

final

report) in digital format. . l ~ i l c s Ahall be o m p a t i b l ~ with the

current

v..,.rs1ons used by PC

o m p u t e n ~

1 1. A u ~ L u t ; h ~ CONSUUl'AN'l' shaH keep full

~ 1 n d detailed

accounts and

e x e r e i ~ ; e such controls

as may be

nece8sary for

proper financial

management under this

Conhact;

the

accounting

and

control ayRtems

shall be

satisfact.ory

t

CI T Y.

CITY

and

CITY's

RHditor shall be afforded access to CONSULTANT s records, books, correspondence and

other

data

relating to

this

Contract. CONSULTANT shall preserve these records, books,

correspondence and other data relating to this Contract for a period of four (4) years after

final payment or for such longer period as

may

be required by

law.

In addition,

CONSULTANT agrees t.o

make

said recotds, books, correspondence and othex data relating

to

thjs Contract

avuilable to CITY at C I T Y ~ > p1-jnciple place of business upon seventy-two

(72)

hours advance

written notice.

The

City

Administrator

, or

his

or

he1

designee,

shall at all

times have

the 1ight to inspect the work, services, or materials.

CONSUL l ANT shall

furnish

all reasonable nid

and

assistance

required

by

CITY

fol

the proper examination of the

work or services and all parts thereof.

Such

inspection shall not JeJieve CONSULTANT form

any obligation to perform said work or services st tictly in accordance with the specifications

of

any modificationB thereof and

n

compliance

with the

law.

18. Notices. All notices

herein

provided to be given, or which

ma.y

be given

by

either party to the other, shall be consideted fully 1eceived when

made

in

writing and

deposited in the United

States

mail, cedified and postage prepaid, and addressed to the

respective parties as follows:

CITY:

CONSUL'J.'AN'f:

City

Administrator

City

of

Carmel

By-TheSea

P.O . Dox

CC

CarrnelRy-'I'he-Sea,

CA

9. 3921

Rincon

Consultants

437

Figueroa

Street, Suite

203

Monterey,

CA 93940

HJ. ;Entire Contract.

Thi s

Contract

constitutes the entire contract between

tl1e pm ties hereto and

supersedes

any and

a11

prior contracts, whether oral or written,


10/18


relating to the subject

mfttter

the1eof. Any modification of thi.s o n t r ~ c t

will

be effective

only if t is in writing signed by both parties hereto.

20 . Validity. f any provision in

this

Contract is held by a court

of

competent

ju

r isdiction

to

be invalid, void o.r unenforceable,

the

remaining

pl'ovisions will continue

in

full force

without

being

impa]red

or

invalidated

in any

way

.

21.

ABsignment

of Interest. T he

duties

under this

Contract shall

not be

assignable, delegable, or transfel'able without the prior written consent

of

CITY. Any such

purported assignment, delegation,

or

transfer shall constitute a material l m ~ a c h of

this

Contract upon which CITY

may

terminate this Contract and

be entitled

to

damages

.

22. Conflict of Interest.

CONSUL'l':\N'I' shall

at all time avoid conflicts of

interest

,

or the

appearance of conflicts of interest, in the performance

of this

Contlact.

CONSULTr\NT shall

file statements of

fmancial

interest

on

forms provided

by

CITY to

the

f'Xtent and

at

the

times reqtdred by

CITY'S Conflict of Interest

C,ode

and applicable law.

During

the

t.crm

of

thir;

Contract

CONSULTANT

shall

not

ditectly

or

indirectly,

either

as a partJlel , employer, employee, consultant, principal,

and

agent or in

any i ndividual or representative capacity, engage or participate in

any

business or

voluntary

act:ivity on behalf of

any

other party

on any

property located

within t h ~

City of

Cannel-By-The-Sea

without

notificatjou t.o City Administrator.

23. Nondiac.rimination/Affirmative Action.

CONSUL1 AN1

will not

discriminate against any employee or applicant for

employment

because of race, creed,

l:olor, sex, age,

national

or.igin, mar.it.nl status,

physical

or othet motor

handicap, mlless

based upon bonafide ocenpational disqualification.

CONSUL'l'AN'l'

will take

affixmative action to ensure

that applicants

are

employed and

that

employees

l l l c

treated during

employment

without regard to their race,

creed, color, sex, age,

national

origin,

marital status,

physical

or

other

motor

handicap.

24 . Counterparts. This Contract may be executed in multiple originals,

each

of which is deemed to be an original,

and

may be signed in counterparts.

25. Laws.

CONSULTANT agrees that in

the performance

of this Contract it

will reasonubly comply with all applicable state, federal and local

laws and

regulations.

'Chis Contiact shall e governed by and

construed

in accordance with the laws of tho State

of California and the City of Carmel-By-The-Sea .

26. Attomeys Fees i Court Venue. Should either

party

to

this

Contract

bring

JegaJ action

against

the

other

, (formal

judicial

proceeding,

mediation

or

arbitration),

the

cnse shalJ be handled in Monterey County, California, and

the

ptn:ty prevailing in such

action

shall

be

entitled

to

fl r e a s o n ~ b l e

attorney

's fee

which

shall

be fixed by

the judge

,

mediator

or

arbitrator

hearing the

ca8c

ond such foe

~ h a l l

be jncluded in the judgment.,

togethe1 with all costs.

27 . Severability. Tf an y term of t

his

Contract is held inva]id by a court of

: lmpctcnt u r i ~ ; d i c t i o n

the

remainder

of thjs

Contract shall remain in effect.

- 6


11/18


lN WJ.TNESS WH:H:REOJ1 ,

this Contract

is

entered

into

b:v

the

parties hereto

in

Carmel Califomia, on

the

day and

year

fin;;t written ahove.

By:

Its:

CONSULTANT

By:

\

I .

-

- --

- - '

-


12/18


November 4 2013

Job If 13-01515

Robert A. Mullane, AICP

Community Planning and

Building CJirector

City

of

Carmel

-bv-the-Sea

P.O. Drawer G

Cannel-by-the-Sea CA 93921

Via email:

m u l l a ~ Q , p a f r r . . P . I . c a

Subject Propes a IfO r o v i d

Contract

Pfanning Services

Dear

r

. Mullane:

Rincon Cunsultatrt5

In

c.

437 r :guuoa Street

Su i

te 203

Monterey. C

ah

lornia

93940

8 lJ 0310

r.u 333 0340

i

nfo@r

i

Ac

o

nconsullan 1

.

D

Ill

www

.rfncouonsultents. com

1 11 t;,i Cc:r:oe l >

\

,;lo;,-S:;-,

i' llt n ~ ~

f

P.;.Ut;inq I ~ t .

ThiS letter proposal is in response

to

your

request

to provide a cost estimate fur contract

planning

services

to the

City

of Carmel-by-the-Sea.

UNPERSIANDING

OF

ASSIGNMENT and SCOPE OF

WORK

The Cityof Carmel-by-the-Sea

has

requested asslstilnce

with

permit counter staffing. the

processing

of permits

and

related assignments during the

period of November

4 through

January

31

2013. City SUiff estimates

that

contract planning

needs for this

assignment will

require an average of 20 hours per week over a

period of approximately

three months or

13

weeks

.

Throughout

the contract period Rincon will serve as an

extension

of staff

and provide public

counter staffing and project application

review

services. The

spedfic

tasks performed will

include but are not limited to

the

following:

Stoff the planning counter;

Review

andprocess sma/J-smle p rmits for theaty

Assist with the preparation ofpublic o t i f ~ e o t i o n s , staff

reports,

site plan analysis, and

other tasks relating to current

planning;

and

o

Coordinate

with

other

City

departments cnnsulmnts and

officials

Implementing

the City s

land use policies and

regulations

.

When

Rincon

staff

works from

the

Oty

offices,

It

Is assumed that

oversight

and

quality

assurance

will be provided by senior fevel Carmel-by-the-Sea staff and

that

a workspace e q u i p m ~ n t

and

supplies necessary to conduct

the

staff planning work

will be

provlded

by

the City.

o r r r n l i ~ l t


13/18


STAfFING

City o Carmel by the Sea

Proposal

for Contract Planning Services

November 4 2013

Page

Bryce

Ternet,

MA,

Senior Planner

in

Rincon's Monterey office,

will

be the contract planner for this

assignment.

This

proposal assumes that all support, supervision, and training for this assignmtmt

will

be provided by City of Carmel Ptaooing Staff.

If additional contract planningservices

are

specifically requested

by

tile

Ctty

Planning

Staff, Megan

Jones, MPP, Senior Program Manager

and

manager of

Rincon's

Monterey

office

and

Jasch

Janowicz,

Rincon's statewide manager of contract

planning

services are available to provide additional

assistance.

Rincon

also has a skilled ~ r r o u p of environmental planning staff, biologists,

geoscientists, and other specialists that can assist the Oty with a wide variety of environmental

resour e planning tasks f additional assistance

Is

desired.

COST AND SCHEDUlE

The City has requested that this proposal include contract planning staff support for up to three

months, or 13 weeks.

Mr

. Ternet will be available

up

to 20 hours per week

from

8:00AM to

12:00 PM and occasionally beyond 12:00

pm to

occasionaUy attend staff meetings and complete

other administrative duties for the duration of this assignment. Mr . Temet

will

provide contract

planning seJVices

t

a rate of BS per hour; we wiU bill the City monthly for labor and expenses

incurred during the previous month.

Should it become apparent th t the required

level

of effort

e)Cceeds

an average of

20

staff-hours

per week, or extends beyond the projected

13

week period,

we

will

Inform

the

City

and confer

on how best

to

proceed. Additional servlces outside ofthe scope

ofwori

described herein can

be completed upon request, but any additional work

wilt

only commence after receiving written

approval of a revised proposal and any required contractual amendments.

Rincon

Consultants, Inc. Is a fuUy insured California Corporation. Our fee Includes

comprehensive general professional

liability

insurance, as well as workers compensation

coverage. Rincon Consultants

is

an equal opportunity employer.

This

offer for professional

seJVIces

will

remain

in

e)lect for a period of30 days from the date of this proposal.

We appreciate the opportunity to

Jssist

the Oty with contract planning services. As always, this

proposal is fully negotiable to meet the Oty s needs for this assignment. If you have any

questions about this proposal, please do not hesitate to contact us.

Sincerely

RINCON CONSULTANTS, INC.

Principal

anowicz

or

Program anagcr

fnr

m . ~ f l

Scinffi S nf l i n t e ra


14/18


Attachments

Rincon Consultants Inc. Fee

Schedule

Resumf S or Key Staff

F uv onm

en

S i r

n l l

s r s

ity

ofCarmel by the Sea

Proposal

or

Contract

Planning Services

November 4,

2013

Poge3

n r s


15/18


F. NCON CONBUL

TANTS

, INC.

Stand

.ar

d Fee Schedule

fo

r Environmental Sciences and Plan

ni

ng Services

Rinooll Consultanbf

fee

schedule

is

based on

the

time that ischarged

to

projects by ourprofessionals and

support staff. Directcosts l SSociated with completing l project are also billed to tile project as outlined

underReimbutsable Expenses below.

The foDowing sets forth the billing

rates

for

our personnel.

~ ~ r ~

j ~ ; ; - : ~ ~

~ ~ ~

~ ~ J > a J L

-- .. . -

-- --

$ ~ L ~

e n i o r ~ n _ _ _ _ _

___

. 60/hour

__

_

~ r l -- --

__

~

_____

_ __ 145/hour

Senior Staff II $ 135 hour

f = : i : ; ~ ~ ~ - = : = :

_

=:

I ~ -

~

P r o f e s s i a n a l

StaffAnaivst

n = = = = ~

9 5 / h ~ _

-__j

ProfesslooaJStaff

Analyst -

-- -- _

85/hour

J

~ v i r o n m e n ~ T ~ __ _ _

_j60/hour

-i

E n v i r a n m e n ~ F i e l d A i d e -- -

- $55/hour --1

SeniorGISSpecialist ----- _ . ----- ---- .

~ 1 . 0 5 / h > r

.

i

GEJ E :ialist/CADSpeci.alist . 85/hoor

~ ~

D e s i g n e r ------ _ _ __ ?5/hour

l

fedmical Hditor _ . -- __ __ _ 85/hour_

C l e r i c a l / A d m i n i s t r a t i v e S u p p o r t ~ t a f f .. ------- - . _

65

hour

P ~ e ~ __ . _ . _ ~ S _ j h o u x

Expert witness

services

consisting of

depositiOus

and

in-court

te..'iti.mony are charged at a rat of

$29 5/hour.

Pbof,ocw,rirvz and Printilg

Plmtocopies will be charged at a rate

o

$0J)8j

copy

lor

single-sided copies and $0.

16

for double-sided

copies. Colored copies

will

be charged at a rate of $1.00/copy for sing)e-sided and $2.00I copy for

double-sided or 11xrr

copies Oversized maps or

display

graphics

will

be

charged at

a rate

of

$8.00/square

foot.

RejJWsable xPenseS

BxpeMeS associated

with


16/18


BRYCE TERNET,

MA

Senior Planner

Rincon

Consuants, Inc.

M. . Temet ls a professional planner with eleven ye S of experience i llllllltiple phases of prqject development

and program management

activities iocluding

environmental documentation, research.

technical

writiny. and

r ~

m811agement.

He has autOOroo and roautllored

environmental

studies foc

PJl jects

ln Monterny County,

Santa Cnn COIIlty.

Tooklmne Counf:Y.

and San Benito County. Mr.

Temet has

s ~

background

in

eriYironmental

policy. planring

n d ~ d.:."Veeopmett. and 1 o c a V s t B t e f e d e r ~ l r P ~ e m m e n t a l

aglli1Cy

coordilation. His analysis in

CEQA

and NEPA studies has included IAIIizlng eovirorvnental impact assessment

toas, hcfujing application ill

areas

such

as

etMromnental

sciefa.

Geographic811nfonnatlon

Systems

(GIS},

envtronmefltll

Jaw, statistics and data

analysis.

and

environmental

economics.

Mr. Temet's

p((?ject

experience

has been focused

on

infrastrucrure

developnant

such as watu and wastewater projects, as detailed

below; however,

he also

offers

a

o" Yei"Se

range

rA

experienre

i1

multiple

aspects

of

CQAINEPA

compliance

and contract-pia.mk1g activiies.

TECHNICAl CAPABILITIES

~ o r Tcmct manages the

preparatiOn

of

CEQA and

NEPA documents, lnalding Notices of

Exemptions (NOE),

Initial

StudiesMit:igated

Negative

OeclaratlMS

{&MNDs), Environmental

Assessments/Findings

of

No S'.gnlflcant Impact (EAIFONSQ,

Environmental

Impact Reports (EIRs).

Programrnalic EIRll. Supplementll

ElRs,

Environmental Impact Statements (EIS). Notices of

Determinations

{NOD). and CEQA A tler.lums.

Mr

.

Ternet hilS BXpertise t VIsual Impact Assessment VIA).

Agric:ult.ural

Land Evaluation and Site

Assessment

(lSA)

modeling,

U.S. Departme11t of

Housing

and Urban Development

Prel'minary

Environmental Report

(PR) preparation, and Community lnrpllt:t Assessment (CIA) preparation. He

is

experienced prepari'lg

Specific

Plans

, Housi1g

Elements, providing

ledlnical assfst.llnce. and

faclltatilg

government agency coordination.

Mr.

Ternet

is

well

versed

o

caifOOila

plsruW1g

lcf,v,

environmenta poHr;y

and

CEQAINEPA

compliance, program and project

managemet1t, and has famOiaril.y

wilh Green

8uildiog

and

SUstainable

0&\lelopme t practices.

EDUCATION, REGISTRAT ONS, ANO AFFIUA

TIONS

M.A

International

Environmental Policy, Monterey lnsthlte of

International

Studies,

Monterey, California

B.A.,

Political SciellC9 & french.

University

of Montana, Missoula

Member,

California

Association ofEnviromnental Professionals

EMPLOYMENT HISTORY

Rincon Coosult.ants, Inc. {201 3 through

present)

Denise Duffy &

Associates

(2007-2013)

U.

S. Trade

.&

Developmert Nplt y (2000.2005)

SB.CTD

PROJECT

EXPERIENCE

Cootl d

Plami ng

Monterey Co Xlty Pla lning Department Application Processing

Marina Coast Water District Environmental Review Services

City of Del Rey Oaks

Environmental

Review Services

Tuolumne County Plarmlng Division Application Processing


17/18


Bryce Ternet, MA

Page2

Mortsrey.Pacifac Grove

ASBS

Stormwater Management r ~ e c t

Envtonmentallmpact Report

Basin Management

PlarJ 2012

Environmental Impact Report P ~ a r o VaJJ.ey Water Management

Agency

,. Monterey

Peninsula

Integrated

Regional Water

Management Plan Update

201

3, Monterey

Penilsula Water

Managorne11t

District (MPWMD)

,

Monterey

Perinsula Groundwaler Replenishmeot Project. Monterey Regional

Water

PoiiLJtion

Control Agency

(MRWPCA)

Distribution System Optimization, Call 'omla American Water Company (Cal-Am)

North Coast System Repair

and

Replacement Project-

Harvey

West

Segment

Initial

Study.

City

or

Santa

Cruz ~ r Department

,.

Aquifer System

Recovery Water

Project

2AddendUm. MPWMD

Regional Desalination

PtQ)ect for

Monterey

Peninsula

Environmental

Assessment. Marina Coast

Water

Oisllict

(MCWD)

Lessalt

Water

Trl ;IDneill

Plant Constraints Analysis, City o HoUister

Eastern

DlsiJ'ibution Water System Initial Study. MCWD

Branciforte

Water

Services Extension Initial Stildy, City o Santa

Cruz

Water

Dept.

Monterey System Pressure

Reducing

Stations. Coastal Development Permitting, CaJ.Am

Water Wheeling Agreement

Notice

or

Exemption.

MCWD

Regional Water Supply Program Notice

of

Exemption

MCWD

Three

Way Recycled Water Agreement

NotJce of

Exemption,

MCWD

watkins Gate Well Initial Study. MCWD

Witstewaler

Carmel

Highlands

Onsite Wastewater Manageroont Plan Initial

Study Mooterey

County

Environmental

Health

Division

Noble

Gulch

Sewer Realignment Initial Study CEQA Addendum.

Santa

Cruz County

5aritatlon

District SCCSD}

Valencia

Creek

Sewer Replacement Initial Study & CEQA

Addendum,

SCCSD

Borregas

Gulch Sewer

Improvement

Initial

Study,

sccso

Upper

Rodeo

Gulch

Sewer Improvement Initial Study sccso

OUtfall

Brine

Disposal Agreement NotiCe o Exemption, MCWD

Des llfnation Plant

Brine

Diseflarge

lnitlal Study MRWPCA

Other

VIllas de

Clirmelo

Environmental Impact Report. Monterey County

Plan ing

Depaltment

AT&T Wlteless CommtKlications

Fat:ih'ty Initial Study,

California Sta\e

University

Monterey

Bay

Fort

On:l

Dl.llll s StalE Park Campground Initial Study, Cafrfornia Sblte Pllfks

Rockrose

Gardens Project HUD Preliminary Environmental Report.

Interim

InC.

WeinstP.in

Subdivision Initial Study

Tuolumne Cotnty Planning

Department

1

N

Solar

Energy PrQject Initial Sludy

MRWPCA

California Flats Solar Energy Project Visual Impact Assessment.

Elemert Power

.. California Flats

Solar

Energy

Project

Public

Services

Impact Report, Element Power

Garrapabl

Water System VIsual

Jmpoct

Assessment, C a ~ m

Monterey

Bay

Sancwary

VIsitor

Ceotet

Initial Study

Santa

Cruz Redevelopr\lent Agency

Three Trails Project lnltlal Study, City of Gilroy Community Development

Department

Las

Anlmas Business Park

lnittal

Study and Land

Evaluation

aud Site Assessment, City ofGilmy


18/18

AMENDMJ :NT TO

P D B - l S A ~ R I N C O N ~ 0 0 5 - l 3 - I 4

THE

ORIGINAL CONTRACT

IS AMENDED

AS

FOLLOWS:

ATTACHMENT B

CONTRACT AMENDMENT

Term of the Contrnct:

The

term of the cont1act s extended to February 3, 2015, with

additional extensions subject to

City

Council approval.

Compensation: The compensation

amount

s inci'Cnscd by an

amount

of up to 81,600,

for

a

revised not-to-exceed total of 106,600.

Additional Services: The description

of

additional services s revised

to add a

sentence

at

the

end of

the

existing paragraph that states:

This includes n ~ c l l

storm-water management and

compliance monitoring

services

including

assistance by Qualified

Storm-Water

Pollution Prevention

Plan

Developers, Qualified

t o r m ~

Water Pollution Prevention Plan

Practitioners,

and

Certified Inspectors of Sediment and Erosion Control

measures.

_.. A-- _

City Administrator

Date

}

FG

zo u

4

tephen Svete,

Date

Principal

Amendment to Existing Contract (Pdb-psa-rincon-005!13!14) With Rincon Consultants 10-07-14

Documents

Transcript of Amendment to Existing Contract (Pdb-psa-rincon-005!13!14) With Rincon Consultants 10-07-14