HomeMy WebLinkAboutItem 12c - City's Housing Element for 2021-2029
DATE: January 19, 2021
TO: Honorable Mayor and City Council
FROM: Jason Kruckeberg, Assistant City Manager/Development Services Director
Lisa Flores, Planning & Community Development Administrator
By: Luis Torrico, Senior Planner
SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY-HORN AND
ASSOCIATES UTILIZING GRANT FUNDS IN THE AMOUNT OF
$150,000 TO UPDATE THE CITY'S HOUSING ELEMENT FOR THE
2021-2029 PLANNING PERIOD (6TH CYCLE), AND PREPARE
CORRESPONDING ENVIRONMENTAL DOCUMENTS IN
ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT (“CEQA”), INCLUDING RESOLUTION NO. 7345 APPROVING AN
ADDITIONAL APPROPRIATION OF $58,692
Recommendation: Approve and Adoption No. 7345
SUMMARY
The Development Services Department is requesting authorization to execute a
Professional Services Agreement (“PSA”) with Kimley-Horn and Associates in the
amount of $208,692 to update the City’s Housing Element for the 2021-2029 planning
period (6th Cycle), and prepare corresponding environmental documents in accordance
with the California Environmental Quality Act (“CEQA”). On October 6, 2020, the City
was awarded a Local Early Action Planning Grant (“LEAP”) in the amount of $150,000
for a variety of housing-related planning activities, including preparation of the sixth
cycle of the Regional Housing Needs Assessment (“RHNA”). The grant alone does not
cover the total cost of the project, so the action also includes Resolution No. 7345
(Attachment No. 1) requesting an additional appropriation of $58,692 to complete the
Housing Element Update. It is recommended that the City Council authorize and direct
the City Manager to execute the agreement in the amount of $208,692 and adopt
Resolution No. 7345 approving the additional appropriation.
BACKGROUND
State law requires that the City update its Housing Element every eight (8) years to be
in compliance with the guidelines of the Office of Housing and Community Development
(“HCD”). The current update will be for the 2021-2029 planning period (6th Cycle). The
Agreement for Consulting Services
January 19, 2021
Page 2 of 5
update requires a review of the current Housing Element, which was adopted in 2013,
to evaluate the effectiveness of the current housing programs, existing goals and
policies, and to identify the revisions that must be made to bring the Housing Element
into compliance with current State law and HCD requirements. The update will also
need to be internally consistent with the City’s General Plan, which was adopted in
2010, and with the Development Code, which underwent a comprehensive update in
2016. The update must be adopted by the Arcadia City Council by October 15, 2021,
and certified by HCD within 120 days after its adoption.
The work program will include an update to the City’s current sites inventory to ensure
the City has adequately planned to accommodate the 2021 RHNA allocation of 3,206
housing units for the 2021-2029 planning period. The number of RHNA units is
calculated by the Southern California Association of Governments (“SCAG”) and is
based on the projected population and employment growth during the 2021-2029
planning period. The City’s allocation is comprised as follows:
Income Category Number of Units Percentage
Very Low Income Units 1,099 34%
Low Income Units 569 18%
Moderate Income Units 604 19%
Above-Moderate Income Units 934 29%
Total 3,206 100%
For the 2014-2021 planning period (5th cycle), the City was allocated a total of 1,054
housing units. Between January 1, 2014, and December 31, 2019, the City issued
permits for a total of 412 housing units towards meeting the City’s RHNA allocation for
the 2014-2021 planning period. The 2014-2021 RHNA allocation was as follows and
nearly all of the 412 units provided fall into the “above-moderate” category:
Income Category Number of Units Percentage
Very Low Income Units 276 26%
Low Income Units 167 16%
Moderate Income Units 177 17%
Above-Moderate Income Units 434 41%
Total 1,054 100%
The City’s RHNA allocation of 3,206 units for the 2021-2029 planning period is
approximately three times higher than the previous allocation of 1,054 units for the
2014-2021 planning period. This is a result of the significant increase in HCD’s
projected housing need for the Southern California Region. The regional housing need
for the 2021-2029 planning period is 1,341,827 housing units, compared to 412,137
housing units for the 2014-2021 planning period. Given the significant increase in
regional need, cities received much higher allocations through SCAG’s distribution
process.
Agreement for Consulting Services
January 19, 2021
Page 3 of 5
In preparation for the Housing Element Update, the City applied for funding through
HCD’s LEAP Grant Program. The State set aside approximately $119 million for all local
jurisdictions to prioritize the acceleration of housing production through the preparation
and adoption of planning documents and the implementation of process improvements
that will facilitate the acceleration of housing production. The City was awarded
$150,000, to be distributed on a reimbursement basis, to fund the completion of the
following tasks, which will be completed as part of the Housing Element Update:
1. Analyze the feasibility of creative methods to encourage the production of
additional housing units in the City (including affordable housing) to meet the
City’s RHNA in preparation of the Housing Element Update for the 6th cycle.
2. Identify a sites analysis to determine the location and feasibility of how the City
can reasonably meet its RHNA requirements for affordable housing.
3. Preparation of the CEQA review that will analyze the environmental impacts and
any future changes to zoning in the City to allow for increased residential density
or uses.
4. Preparation and adoption of documents for the 2021-2029 Housing Element
Update.
Because of the technical nature of this work, and the short timeframe within which to
complete it, the City must utilize a consultant. Under the proposed PSA, the consultant
will provide the required services to update the Housing Element for the 2021-2029
planning period (6th Cycle), and prepare corresponding environmental documents in
accordance with the California Environmental Quality Act (“CEQA”), both of which will
be partially funded with the LEAP grant.
DISCUSSION
To solicit qualified consulting firms to complete the update to the Housing Element,
Request-for-Proposals (“RFP”) were sent to 14 qualified planning firms on October 14,
2020. The deadline for submissions was November 9, 2020. Unfortunately, the City did
not receive any submittals by the submission deadline. This lack of proposals is due to
the fact that every City is required to complete this very specialized work in a very tight,
time frame. Consulting firms need to have experience in affordable housing, new
housing legislation, and the production of General Plan Elements in order to
successfully complete these projects. Many other cities in our region also struggled to
find bidders for their projects. In order to secure a consulting firm to complete the
required update, the City contacted two firms that were on the distribution list and had
shown an interest in proposing on the project to discuss their reconsideration of
submitting a proposal. One firm, Kimley-Horn and Associates, was responsive and
submitted a proposal on December 14, 2020.
Kimley-Horn is a full-service planning, environmental, and engineering consulting firm
providing services to public and private clients nationwide, with 11 offices throughout
California, including offices in Orange, San Diego, Los Angeles, and Riverside. The
Agreement for Consulting Services
January 19, 2021
Page 4 of 5
Orange office will be taking the lead in the preparation of the Housing Element Update.
Kimley-Horn has collaborated with HCD staff since the early 1990s, and has extensive
experience with Housing Element updates, including a 100% success rate in obtaining
certification from HCD for Housing Elements they have worked on. In addition, Kimley-
Horn understands and has practical experience with the State’s various new laws that
directly affect the analysis and content of the Housing Element; therefore, the City can
be adequately informed on the acceptable methods, analysis, and actions required to
obtain certification of the Housing Element Update from HCD. This same firm also
updated the City’s Housing Element in 2013 for the last planning cycle.
Kimley-Horn’s proposed scope of work includes all the required tasks to complete the
required update, including the tasks identified in the City’s LEAP grant award. The fee
proposal for the scope of work is $189,720, which includes $40,700 for environmental
compliance documents. To ensure that adequate funding is allocated to complete the
tasks, it is recommended that a 10% contingency be included, which amounts to
$18,972. The contingency is necessary to provide a community outreach survey tool to
provide an alternative to “in-person” community outreach workshops, which is critical to
gathering community input during the Covid-19 pandemic and to provide public
outreach in Chinese and Spanish to collect meaningful data. The City will also be
working with another consultant (RRM) on creating standards and programs to
accelerate housing production, which includes some work on the new sites inventory.
Kimley-Horn and RRM will need to collaborate on the sites inventory effort, which may
result in some unanticipated additional work and costs. The added $18,972 contingency
will also assist in offsetting these costs. Therefore, the total cost to complete the
Housing Element Update is $208,692. The City’s LEAP grant award of $150,000 will
cover majority of the contract amount. However, an additional appropriation of $58,692
will be required to complete the update. Given the timing of this project, the additional
funding necessary will be budgeted in the 2021-22 Fiscal Year Development Services
Operating Budget. The project can be managed such that any general fund
expenditures needed can be invoiced after the beginning of the next fiscal year.
The current update will be for the 2021-2029 planning period, also referred to as the 6th
cycle. Housing Element compliance is a major task to complete, and the State has
made it much more complicated with all of the recent housing laws and policies under
consideration. Some of the recent laws directly affect the analysis and content of the
Housing Element Update. New laws pertaining to Fair Housing, sites inventory, and
other applicable statutory requirements will not only make this update more difficult, but
more expensive. It was anticipated that the LEAP grant would cover most, if not all, of
the cost to complete the required update. However, as other cities have also learned,
the cost to complete this update is significantly higher than anticipated, and not covered
completely by the $150,000 LEAP grant award. Therefore, the additional appropriation
of $58,692 is warranted to complete an update that will be in compliance with current
State law and HCD requirements, and within their timeframe.
Agreement for Consulting Services
January 19, 2021
Page 5 of 5
ENVIRONMENTAL ANALYSIS
Approval of the agreement and additional appropriation of funds are administrative
actions and would not have an impact on the environment. However, future actions
related to the Housing Element update will be subject to environmental review under the
California Environmental Quality Act (“CEQA”). The consultant will be required to
prepare and process an Initial Study and all applicable environmental documents, along
with the draft Housing Element, for compliance with CEQA.
FISCAL IMPACT
The City’s LEAP grant award of $150,000 will be used to fund a major portion of the
Housing Element Update. These funds will be distributed on a reimbursement basis;
therefore, no City funds will be necessary for this portion of the contract. However, the
grant does not cover the full amount of the project, and it is requested that the additional
$58,692 be funded through the City’s General Fund. These additional funds are needed
to fund the entirety of the fee proposal and complete the required update to the City’s
Housing Element, as required by State law. This additional appropriation will be
budgeted in the 2021-22 Development Services Operating budget and these
expenditures will occur next fiscal year. There are sufficient funds in the City’s
unallocated reserves for this appropriation.
RECOMMENDATION
It is recommended that the City Council authorize and direct the City Manager to
execute the Professional Services Agreement with Kimley-Horn and Associates utilizing
grant funds in the amount of $150,000 to update the City’s Housing Element for the
2021-2029 planning period (6th Cycle), and prepare corresponding environmental
documents in accordance with the California Environmental Quality Act (CEQA), and
adopt Resolution No. 7345 approving an additional appropriation of $58,692.
Attachment No. 1: Resolution No. 7345
Attachment No. 2: Proposed Professional Services Agreement
Revised 04/13
1
CITY OF ARCADIA
PROFESSIONAL SERVICES AGREEMENT
1.PARTIES AND DATE.
This Agreement is made and entered into this ____ day of ______________, 20__
by and between the City of Arcadia, a charter city organized under the Constitution and
laws of the State of California with its principal place of business at 240 West Huntington
Drive, Arcadia, California 91066-6021 ("City") and Kimley-Horn and Associates, Inc., a
North Carolina Corporation with its principal place of business at 765 The City Drive,
Suite 200, Orange, CA 92868 ("Consultant"). City and Consultant are sometimes
individually referred to as “Party” and collectively as “Parties.”
2.RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain
professional services required by the City on the terms and conditions set forth in this
Agreement. Consultant represents that it is experienced in providing Housing Element
Updates to cities and counties, is licensed in the State of California, and is familiar with
the plans of City.
2.2 Project.
City desires to engage Consultant to render such services to update the City’s
Housing Element for the 2021-2029 planning period (6th Cycle), and prepare
corresponding environmental documents in accordance with the California Environmental
Quality Act (CEQA) (“Project”) as set forth in this Agreement.
3.TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to
the City all labor, materials, tools, equipment, services, and incidental and customary
work necessary to fully and adequately supply an update of the City’s Housing Element
for the 2021-2029 planning period (6th Cycle), and prepare corresponding environmental
documents in accordance with the California Environmental Quality Act (CEQA)
("Services"). The Services are more particularly described in Exhibit "A" attached hereto
and incorporated herein by reference. All Services shall be subject to, and performed in
accordance with, this Agreement, the exhibits attached hereto and incorporated herein
by reference, and all applicable local, state and federal laws, rules and regulations.
Attachment No. 2
Revised 04/13
2
3.1.2 Term. The term of this Agreement shall be from January 19, 2021 to May
1, 2022, unless earlier terminated as provided herein. The Housing Element shall be
approved and certified by the State’s Office of Housing and Community Development,
and adopted by the Arcadia City Council under this term by October 15, 2021 and certified
by HCD within 120 days after the Housing Element has been adopted. Consultant shall
complete the Services within the term of this Agreement, and shall meet any other
established schedules and deadlines.
3.2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The
Services shall be performed by Consultant or under its supervision. Consultant will
determine the means, methods and details of performing the Services subject to the
requirements of this Agreement. City retains Consultant on an independent contractor
basis and not as an employee. Consultant retains the right to perform similar or different
services for others during the term of this Agreement. Any additional personnel
performing the Services under this Agreement on behalf of Consultant shall also not be
employees of City and shall at all times be under Consultant's exclusive direction and
control. Consultant shall pay all wages, salaries, and other amounts due such personnel
in connection with their performance of Services under this Agreement and as required
by law. Consultant shall be responsible for all reports and obligations respecting such
additional personnel, including, but not limited to: social security taxes, income tax
withholding, unemployment insurance, disability insurance, and workers' compensation
insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously,
within the term of this Agreement, and in accordance with the Schedule of Services set
forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant
represents that it has the professional and technical personnel required to perform the
Services in conformance with such conditions. In order to facilitate Consultant's
conformance with the Schedule, City shall respond to Consultant's submittals in a timely
manner. Upon request of City, Consultant shall provide a more detailed schedule of
anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant
shall be subject to the prior written approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City that
certain key personnel will perform and coordinate the Services under this Agreement.
Should one or more of such personnel become unavailable, Consultant may substitute
other personnel of at least equal competence upon prior written approval of City. In the
event that City and Consultant cannot agree as to the substitution of key personnel, City
shall be entitled to terminate this Agreement for cause. As discussed below, any
personnel who fail or refuse to perform the Services in a manner acceptable to the City,
or who are determined by the City to be uncooperative, incompetent, a threat to the
adequate or timely completion of the Project or a threat to the safety of persons or
Revised 04/13
3
property, shall be promptly removed from the Project by the Consultant at the request of
the City. The key personnel for performance of this Agreement is: David Barquist,
Principal in Charge.
3.2.5 City’s Representative. The City hereby designates Jason Kruckeberg,
Assistant City Manager/Development Services Director, or his designee, to act as its
representative for the performance of this Agreement (“City’s Representative”). City’s
Representative shall have the power to act on behalf of the City for all purposes under
this Contract. Consultant shall not accept direction or orders from any person other than
the City’s Representative or his or her designee.
3.2.6 Consultant’s Representative. Consultant hereby designates David Barquist,
Principal in Charge, or his or her designee, to act as its representative for the performance
of this Agreement (“Consultant’s Representative”). Consultant’s Representative shall
have full authority to represent and act on behalf of the Consultant for all purposes under
this Agreement. The Consultant’s Representative shall supervise and direct the Services,
using his best skill and attention, and shall be responsible for all means, methods,
techniques, sequences and procedures and for the satisfactory coordination of all
portions of the Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City staff
in the performance of Services and shall be available to City's staff, consultants and other
staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all
Services under this Agreement in a skillful and competent manner, consistent with the
standards generally recognized as being employed by professionals in the same
discipline in the State of California. Consultant represents and maintains that it is skilled
in the professional calling necessary to perform the Services. Finally, Consultant
represents that it, its employees and subcontractors have all licenses, permits,
qualifications and approvals of whatever nature that are legally required to perform the
Services, including a City Business License, and that such licenses and approvals shall
be maintained throughout the term of this Agreement. As provided for in the
indemnification provisions of this Agreement, Consultant shall perform, at its own cost
and expense and without reimbursement from the City, any services necessary to correct
errors or omissions which are caused by the Consultant’s failure to comply with the
standard of care provided for herein. Any employee of the Consultant or its sub-
consultants who is determined by the City to be uncooperative, incompetent, a threat to
the adequate or timely completion of the Project, a threat to the safety of persons or
property, or any employee who fails or refuses to perform the Services in a manner
acceptable to the City, shall be promptly removed from the Project by the Consultant and
shall not be re-employed to perform any of the Services or to work on the Project.
3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in
compliance with all local, state and federal laws, rules and regulations in any manner
affecting the performance of the Project or the Services, including all Cal/OSHA
Revised 04/13
4
requirements, and shall give all notices required by law. Consultant shall be liable for all
violations of such laws and regulations in connection with Services. If the Consultant
performs any work knowing it to be contrary to such laws, rules and regulations and
without giving written notice to the City, Consultant shall be solely responsible for all costs
arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors,
officers, and employees free and harmless, pursuant to the indemnification provisions of
this Agreement, from any claim or liability arising out of any failure or alleged failure to
comply with such laws, rules or regulations.
3.2.9.1 Immigration Reform and Control Act. Consultant acknowledges that
Consultant, and all subcontractors hired by Consultant to perform services under this
Agreement, are aware of and understand the Immigration Reform and Control Act
("IRCA"). Consultant is and shall remain in compliance with the IRCA and shall ensure
that any subcontractors hired by Consultant to perform services under this Agreement
are in compliance with the IRCA. In addition, Consultant agrees to indemnify, defend and
hold harmless the City, its directors, officials, officers and employees, from any liability,
damages or causes of action arising out of or relating to any claims that Consultant's
employees, or the employees of any subcontractor hired by Consultant, are not
authorized to work in the United States for Consultant or its subcontractor and/or any
other claims based upon alleged IRCA violations committed by Consultant or Consultant's
subcontractor(s).
3.2.10 Insurance.
3.2.10.1 Time for Compliance. Consultant shall not commence Work under
this Agreement until it has provided evidence satisfactory to the City that it has secured
all insurance required under this section. In addition, Consultant shall not allow any
subcontractor to commence work on any subcontract until it has provided evidence
satisfactory to the City that the subcontractor has secured all insurance required under
this section; provided, however, that in lieu thereof, the Consultant may provide evidence
to the City that all subcontractors are additional insureds under the Consultant’s policies
of insurance.
3.2.10.2 Minimum Requirements. Consultant shall, at its expense, procure
and maintain for the duration of the Agreement insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the
performance of the Agreement by the Consultant, its agents, representatives, employees,
subcontractors and volunteers. Consultant shall also name and obtain insurer’s consent
to naming City, its directors, officials, officers, and employees as an additional insured
with proof of certificate of insurance that they are an additional insured. Such insurance
shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be when
commercially available (occurrence based) at least as broad as the latest version of the
following: (1) General Liability: Insurance Services Office Commercial General Liability
coverage for premises and operations, contractual liability, personal injury, bodily injury,
Revised 04/13
5
independent contractors, broadform property damage, explosion, collapse, and
underground, products and completed operations; (2) Automobile Liability: Insurance
Services Office Business Auto coverage for any auto owned, leased, hired, and borrowed
by Consultant or for which Consultant is responsible; and (3) Workers’ Compensation and
Employer’s Liability: Workers’ Compensation insurance as required by the State of
California and Employer’s Liability Insurance. The City, its directors, officials, officers, and
employees shall be listed as additional insured. Any deductibles or self-insured retentions
must be declared to and approved by City and conform to the requirements provided in
Section 3.2.10.6 herein.
(B) Minimum Limits of Insurance. Consultant shall maintain limits no
less than: (1) General Liability: $1,000,000 combined single limit per occurrence for bodily
injury, personal injury and property damage, with an aggregate limit of $1,000,000. If
Commercial General Liability Insurance or other form with general aggregate limit is used,
either the general aggregate limit shall apply separately to this Agreement/location or the
general aggregate limit shall be twice the required occurrence limit; (2) Automobile
Liability: $1,000,000 combined single limit per accident for bodily injury and property
damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’
Compensation limits as required by the Labor Code of the State of California. Employer’s
Liability limits of $1,000,000 per accident for bodily injury or disease.
3.2.10.3 Professional Liability. Consultant shall procure and maintain, and
require its sub-consultants to procure and maintain, for a period of three (3) years
following completion of the Project, errors and omissions liability insurance appropriate to
their profession. Such insurance shall be in an amount not less than $1,000,000 per claim.
3.2.10.4 Insurance Endorsements. The insurance policies shall contain the
following provisions, or Consultant shall provide endorsements on forms supplied or
approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall be endorsed to
state that: (1) the City, its directors, officials, officers, and employees shall be covered as
additional insured with respect to liability arising out of Services operations and for
completed operations performed by or on behalf of the Consultant, including materials,
parts or equipment furnished in connection with such work; and (2) the insurance
coverage shall be primary insurance as respects the City, its directors, officials, officers,
and employees, or if excess, shall stand in an unbroken chain of coverage excess of the
Consultant’s scheduled underlying coverage. Any insurance or self-insurance maintained
by the City, its directors, officials, officers, employees and volunteers shall be excess of
the Consultant’s insurance and shall not be called upon to contribute with it in any way.
(B) Automobile Liability. The automobile liability policy shall be
endorsed to state that: (1) the City, its directors, officials, officers, and employees shall
be covered as additional insureds with respect to the ownership, operation, maintenance,
use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant
or for which the Consultant is responsible; and (2) the insurance coverage shall be
Revised 04/13
6
primary insurance as respects the City, its directors, officials, officers, and employees, or
if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s
scheduled underlying coverage. Any insurance or self-insurance maintained by the City,
its directors, officials, officers, and employees shall be excess of the Consultant’s
insurance and shall not be called upon to contribute with it in any way.
(C) Workers’ Compensation and Employers Liability Coverage. The
insurer shall agree to waive all rights of subrogation against the City, its directors, officials,
officers, and employees for losses paid under the terms of the insurance policy which
arise from work performed by the Consultant.
(D) All Coverages. Each insurance policy required by this Agreement
shall be endorsed to state that: (A) coverage shall not be, reduced or canceled except
after thirty (30) days prior written notice by certified mail, return receipt requested of
cancellation, of intended non-renewal or endorsement reduction in limit or scope of
coverage; provided, however, that in the event of cancellation due solely to non-payment
of premium, ten (10) days notice of cancellation for non-payment of premium may instead
be given to the City.; and (B) any failure to comply with reporting or other provisions of
the policies, including breaches of warranties, shall not affect coverage provided to the
City, its directors, officials, officers, and employees.
3.2.10.5 Separation of Insureds; No Special Limitations. All insurance
required by this Section shall contain standard separation of insureds provisions. In
addition, such insurance shall not contain any special limitations on the scope of
protection afforded to the City, its directors, officials, officers, and employees.
3.2.10.6 Deductibles and Self-Insurance Retentions. Any deductibles or
self-insured retentions must be declared to and approved by the City. Consultant shall
guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate
such deductibles or self-insured retentions as respects the City, its directors, officials,
officers, and employees; or (2) the Consultant shall procure a bond guaranteeing payment
of losses and related investigation costs, claims and administrative and defense
expenses.
3.2.10.7 Acceptability of Insurers. Insurance is to be placed with insurers
with a current A.M. Best’s rating no less than A:VII, admitted or approved to do business
in California, and satisfactory to the City.
3.2.10.8 Verification of Coverage. Consultant shall furnish City with
complete and accurate copies of current certificates of insurance and endorsements
effecting coverage required by this Agreement on forms satisfactory to the City. The
certificates and endorsements for each insurance policy shall be signed by a person
authorized by that insurer to bind coverage on its behalf, and shall be on forms provided
by the City if requested. Copies of all certificates and endorsements must be received
and approved by the City before work commences. The City reserves the right to require
complete, certified copies of all required insurance policies, at any time.
Revised 04/13
7
3.2.10.9 Safety. Consultant shall execute and maintain its work so as to
avoid injury or damage to any person or property. In carrying out its Services, the
Consultant shall at all times be in compliance with all applicable local, state and federal
laws, rules and regulations, and shall exercise all necessary precautions for the safety of
employees appropriate to the nature of the work and the conditions under which the work
is to be performed. Safety precautions as applicable shall include, but shall not be limited
to: (A) adequate life protection and life saving equipment and procedures; (B) instructions
in accident prevention for all employees and subcontractors, such as safe walkways,
scaffolds, fall protection ladders, bridges, gang planks, confined space procedures,
trenching and shoring, equipment and other safety devices, equipment and wearing
apparel as are necessary or lawfully required to prevent accidents or injuries; and (C)
adequate facilities for the proper inspection and maintenance of all safety measures.
3.2.10.10 Material Breach. Lack of insurance does not negate Consultant’s
obligations under this Agreement. Maintenance of proper insurance coverage is a
material element of this Agreement and failure to maintain or renew coverage or to
provide evidence of renewal may be treated by the City as a material breach of the
Agreement.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including
reimbursements which receive the City’s prior written authorization, for all Services
rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and
incorporated herein by reference. The total compensation shall not exceed $208,692
without written approval of the City Manager. Extra Work may be authorized, as described
below, and if authorized, will be compensated at the rates and manner set forth in this
Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a monthly
itemized statement which indicates work completed and hours of Services rendered by
Consultant. The statement shall describe the amount of Services and supplies provided
since the initial commencement date, or since the start of the subsequent billing periods,
as appropriate, through the date of the statement. City shall, within forty-five (45) days of
receiving such statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed
for any expenses unless prior written authorization is obtained from the City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may
request that Consultant perform Extra Work. As used herein, "Extra Work" means any
work which is determined by City to be necessary for the proper completion of the Project,
but which the parties did not reasonably anticipate would be necessary at the execution
of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work
without prior written authorization from City's Representative.
Revised 04/13
8
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Consultant shall maintain complete
and accurate records with respect to all costs and expenses incurred under this
Agreement. All such records shall be clearly identifiable. Consultant shall allow a
representative of City during normal business hours to examine, audit, and make
transcripts or copies of such records and any other documents created pursuant to this
Agreement. Consultant shall allow inspection of all work, data, documents, proceedings,
and activities related to the Agreement for a period of three (3) years from the date of final
payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to
Consultant, terminate the whole or any part of this Agreement at any time and without
cause by giving written notice to Consultant of such termination, and specifying the
effective date thereof, at least seven (7) days before the effective date of such termination.
Upon termination, Consultant shall be compensated only for those services which have
been adequately rendered to City, and Consultant shall be entitled to no further
compensation. Consultant may not terminate this Agreement except for cause. A
termination without cause by City shall not act as or be deemed a waiver of any potential
known or unknown City claims associated with Consultant’s performance prior to the date
of termination.
3.5.1.2 Effect of Termination. If this Agreement is terminated as
provided herein, City may require Consultant to provide all finished or unfinished
Documents and Data and other information of any kind prepared by Consultant in
connection with the performance of Services under this Agreement. Consultant shall be
required to provide such document and other information within fifteen (15) days of the
request.
3.5.1.3 Additional Services. In the event this Agreement is
terminated in whole or in part as provided herein, City may procure, upon such terms and
in such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such
other address as the respective parties may provide in writing for this purpose:
Consultant: Kimley-Horn and Associates, Inc.
1100 W. Town and Country Road, Suite 700
Orange, CA 92868
Attn: David Barquist, Principal-In-Charge/Project Manager
Revised 04/13
9
City: City of Arcadia
240 West Huntington drive
Post Office Box 60021
Arcadia, CA 91006-6021
Attn: Jason Kruckeberg, Assistant City Manager/
Development Services Director
Such notice shall be deemed made when personally delivered or when mailed, forty-eight
(48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the
party at its applicable address. Actual notice shall be deemed adequate notice on the
date actual notice occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensing of Intellectual Property. This
Agreement creates a non-exclusive and perpetual license for City to copy, use, modify,
reuse, or sublicense any and all copyrights, designs, and other intellectual property
embodied in plans, specifications, studies, drawings, estimates, and other documents or
works of authorship fixed in any tangible medium of expression, including but not limited
to, physical drawings or data magnetically or otherwise recorded on computer diskettes,
which are prepared or caused to be prepared by Consultant under this Agreement
(“Documents & Data”). Consultant shall require all subcontractors to agree in writing that
City is granted a non-exclusive and perpetual license for any Documents & Data the
subcontractor prepares under this Agreement. Consultant represents and warrants that
Consultant has the legal right to license any and all Documents & Data. Consultant makes
no such representation and warranty in regard to Documents & Data which were prepared
by design professionals other than Consultant or provided to Consultant by the City. City
shall not be limited in any way in its use of the Documents and Data at any time, provided
that any such use not within the purposes intended by this Agreement shall be at City’s
sole risk.
3.5.3.2 Confidentiality. Except as otherwise required by California
law, all ideas, memoranda, specifications, plans, procedures, drawings, descriptions,
computer program data, input record data, written information, and other Documents and
Data either created by or provided to Consultant in connection with the performance of
this Agreement shall be held confidential by Consultant. Such materials shall not, without
the prior written consent of City, be used by Consultant for any purposes other than the
performance of the Services. Nor shall such materials be disclosed to any person or entity
not connected with the performance of the Services or the Project. Nothing furnished to
Consultant which is otherwise known to Consultant or is generally known, or has become
known, to the related industry shall be deemed confidential. Consultant shall not use
City's name or insignia, photographs of the Project, or any publicity pertaining to the
Services or the Project in any magazine, trade paper, newspaper, television or radio
production or other similar medium without the prior written consent of City.
Revised 04/13
10
3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be
necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.5 Indemnification.
3.5.5.1 To the fullest extent permitted by law, Consultant shall
defend, indemnify and hold the City, its officials, officers, and employees free and
harmless from any and all claims, demands, causes of action, costs, expenses, liability,
loss, damage or injury, in law or equity, to property or persons, including wrongful death,
in any manner arising out of or incident to any negligent acts, omissions or willful
misconduct of Consultant, its officials, officers, employees, agents, consultants and
contractors arising out of or in connection with the performance of the Services, the
Project or this Agreement, including the payment of all attorney’s fees and other related
costs and expenses. Notwithstanding the foregoing, to the extent Consultant’s Services
are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the
extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or
relate to the negligence, recklessness, or willful misconduct of the Consultant. Consultant
shall defend with Legal Counsel of City’s choosing, at Consultant’s own cost, expense
and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind
that may be brought or instituted against City, its directors, officials, officers, and
employees. Consultant shall pay and satisfy any judgment, award or decree that may be
rendered against City or its directors, officials, officers, and employees, in any such suit,
action or other legal proceeding arising from Consultant’s negligence in the performance
of the Services, the Project or this Agreement; except to the extent that liability is caused
by the active negligence or willful misconduct by the City or its directors, officials, officers,
and employees. Consultant shall reimburse City and its directors, officials, officers, and
employees, for any and all legal expenses and costs incurred by each of them in
connection therewith or in enforcing the indemnity herein provided. Consultant’s
obligation to indemnify shall not be restricted to insurance proceeds, if any, received by
the City, its directors, officials, officers, and employees, and shall take effect immediately
upon execution of this Agreement.
3.5.5.2 The duty to defend and to hold harmless, as set forth above,
shall include the duty to defend as established by Section 2778 of the California Civil
Code, and the duty to defend shall arise upon the making of any claim or demand against
the City, its respective officials, officers, agents, employees and representatives,
notwithstanding that no adjudication of the underlying facts has occurred, and whether or
not Consultant has been named in the claim or lawsuit.
3.5.6 Entire Agreement. This Agreement contains the entire Agreement of
the Parties with respect to the subject matter hereof, and supersedes all prior
negotiations, understandings or agreements. This Agreement may only be modified by a
writing signed by both Parties.
Revised 04/13
11
3.5.7 Attorney’s Fees. If either party commences an action against the
other party, either legal, administrative or otherwise, arising out of or in connection with
this Agreement, the prevailing party in such litigation shall be entitled to have and recover
from the losing party reasonable attorneys’ fees and all other costs of such action.
3.5.8 Governing Law. This Agreement shall be governed by the laws of the
State of California. Venue shall be in Los Angeles County.
3.5.9 Time of Essence. Time is of the essence for each and every
provision of this Agreement. Except where the acts or omissions of a party contribute to
any delays, expenses, losses, damages or breach of this Agreement, neither Party shall
have liability for any delays, expenses, losses, damages or be deemed in breach for
liabilities which are caused by any factor outside of its reasonable control, including but
not limited to natural disasters, epidemics, pandemics, quarantine restrictions, adverse
weather, or acts of the other party, third parties, or governmental agencies with
jurisdiction.
3.5.10 City's Right to Employ Other Consultants. City reserves right to
employ other consultants in connection with this Project.
3.5.11 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the Parties.
3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or
transfer, either directly or by operation of law, this Agreement or any interest herein
without the prior written consent of the City. Any attempt to do so shall be null and void,
and any assignees, hypothecates or transferees shall acquire no right or interest by
reason of such attempted assignment, hypothecation or transfer.
3.5.13 Construction; References; Captions. Since the Parties or their
agents have participated fully in the preparation of this Agreement, the language of this
Agreement shall be construed simply, according to its fair meaning, and not strictly for or
against any Party. Any term referencing time, days or period for performance shall be
deemed calendar days and not work days. All references to Consultant include all
personnel, employees, agents, and subcontractors of Consultant, except as otherwise
specified in this Agreement. All references to City include its elected officials, officers, and
employees except as otherwise specified in this Agreement. The captions of the various
articles and paragraphs are for convenience and ease of reference only, and do not
define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.5.14 Amendment; Modification. No supplement, modification, or
amendment of this Agreement shall be binding unless executed in writing and signed by
both Parties.
3.5.15 Waiver. No waiver of any default shall constitute a waiver of any
other default or breach, whether of the same or other covenant or condition. No waiver,
Revised 04/13
12
benefit, privilege, or service voluntarily given or performed by a Party shall give the other
Party any contractual rights by custom, estoppel, or otherwise.
3.5.16 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.5.17 Invalidity; Severability. If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the
remaining provisions shall continue in full force and effect.
3.5.18 Prohibited Interests. Consultant maintains and warrants that it has
not employed nor retained any company or person, other than a bona fide employee
working solely for Consultant, to solicit or secure this Agreement. Further, Consultant
warrants that it has not paid nor has it agreed to pay any company or person, other than
a bona fide employee working solely for Consultant, any fee, commission, percentage,
brokerage fee, gift or other consideration contingent upon or resulting from the award or
making of this Agreement. For breach or violation of this warranty, City shall have the
right to rescind this Agreement without liability. For the term of this Agreement, no
member, officer or employee of City, during the term of his or her service with City, shall
have any direct interest in this Agreement, or obtain any present or anticipated material
benefit arising therefrom.
3.5.19 Equal Opportunity Employment. Consultant represents that it is an
equal opportunity employer and it shall not discriminate against any subcontractor,
employee or applicant for employment because of race, religion, color, national origin,
handicap, ancestry, sex, sexual orientation or age. Such non-discrimination shall include,
but not be limited to, all activities related to initial employment, upgrading, demotion,
transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also
comply with all relevant provisions of City's Minority Business Enterprise program,
Affirmative Action Plan or other related programs or guidelines currently in effect or
hereinafter enacted.
3.5.20 Labor Certification. By its signature hereunder, Consultant certifies
that it is aware of the provisions of Section 3700 of the California Labor Code which
require every employer to be insured against liability for Worker's Compensation or to
undertake self-insurance in accordance with the provisions of that Code, and agrees to
comply with such provisions before commencing the performance of the Services.
3.5.21 Authority to Enter Agreement. Consultant has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement.
Each Party warrants that the individuals who have signed this Agreement have the legal
power, right, and authority to make this Agreement and bind each respective Party.
3.5.22 Counterparts. This Agreement may be signed in counterparts, each
of which shall constitute an original.
Revised 04/13
13
3.5.23 Exhibits and Recitals. All Exhibits and Recitals contained herein are
hereby incorporated into this Agreement by this reference.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Consultant shall not subcontract any
portion of the work required by this Agreement, except as expressly stated herein, without
prior written approval of City. Subcontracts, if any, shall contain a provision making them
subject to all provisions stipulated in this Agreement.
[SIGNATURES ON FOLLOWING PAGE]
Revised 04/13
14
SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF ARCADIA
AND KIMLEY-HORN AND ASSOCIATES, INC
In witness whereof the Parties have executed this Professional Services Agreement on
the date set forth below.
CITY OF ARCADIA KIMLEY-HORN AND ASSOCIATES, INC
By __ By ____________________________
Dominic Lazzaretto Signature
City Manager
Date: ______________________ ______________________________
Print Name and Title
ATTEST: Date: _________________________
___________________________ By____________________________
City Clerk Signature
APPROVED AS TO FORM: ______________________________
Print Name and Title
___________________________ Date: _________________________
Stephen P. Deitsch
City Attorney CONCUR:
______________________________
Jason Kruckeberg, Assistant City
Manager/Development Services Director
A-1
EXHIBIT "A"
SCOPE OF SERVICES
The Consultant will provide such services to update the City’s Housing Element for the
2021-2029 planning period (6th Cycle), and prepare corresponding environmental
documents in accordance with the California Environmental Quality Act (CEQA) as
follows:
Task 1: Project Management
The consultant will schedule a kick-off meeting to discuss Staff’s expectations,
deliverables, and if required, refine the scope of services. A project schedule shall be
provided that includes tasks and milestones required for the certification of the Housing
Element by the State’s Office of Housing and Community Development (HCD), and
adoption by the Arcadia City Council before October 15, 2021. The schedule shall include
a detailed explanation of all stages of the project.
The consultant shall also coordinate meetings with Staff to ensure all required objectives
and milestones are being met. At the City’s discretion, meetings may be via conference
call, Zoom meeting, or in person. The consultant will also be responsible for coordinating
with Staff to create and make presentations to the City’s Planning Commission, City
Council and/or stakeholders as necessary.
Task 2: Housing Element Update
The consultant shall review and evaluate the current Housing Element to determine what
revisions are required to bring the Housing Element into compliance with current State
law and HCD requirements. The consultant shall evaluate results from previous housing
programs implemented during the current planning period, and their effectiveness.
Pursuant to State Housing law, the consultant shall complete a housing assessment and
needs analysis. The consultant shall update the Housing Element to update housing,
population, demographic, infrastructure, and employment data to coincide with recent
Southern California Association of Government (SCAG) growth projections to complete
this task. This task should include the final 2021-2029 Housing Element as adopted by
the City Council with submittal to HCD for certification.
The consultant shall work with Staff to identify specific programs with clear actions,
timeframes, and measurable outcomes that will assist in achieving the objectives and
implement the City’s housing goals and policies. The consultant shall prepare a feasibility
study to provide Staff with a clear understanding of the City’s actual and potential
constraints on the maintenance, improvement, and development of housing for all income
levels. The consultant will work with Staff to develop innovative strategies and housing
programs to address the need for additional housing, including, but not limited to:
1. A complete analysis of specific housing needs and an inventory of the resources
and constraints relevant to addressing housing needs.
2. Prepare an adequate sites inventory of land suitable for residential development
to meet the City’s housing needs. The consultant shall deliver this information in a
GIS layer and shape files for housing opportunity sites.
A-1
3. Identification and analysis of constraints to housing production.
4. Identify programmatic, physical, and financial housing resources available in the
City. In addition, the consultant will identify governmental and nongovernmental
constraints to housing production. This work will include review of existing city
regulations, codes, and standards related to housing. Where constraints exist, the
consultant will propose strategies to address them.
5. Revise maps and figures in the Housing Element and other elements of the
General Plan to ensure consistency throughout the General Plan document.
The consultant shall also coordinate with Staff to update the City’s current sites inventory
to be in compliance with HCD and State law. The consultant will coordinate with Staff to
identify vacant and under-developed properties suitable for residential development. In
updating the site inventory, the consultant shall advise the City on considering No Net
Loss Law to ensure that the inventory/Housing Element adequately accommodates the
RHNA units, especially for capacity to accommodate the lower income RHNA units,
throughout the planning period.
Task 3: Public Workshops and Public Hearings
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 public outreach in Chinese and
Spanish to collect meaningful data.
Potential Public Outreach components could include:
- Public engagement program (interactive or virtual is preferred)
- Web and social media based information sharing platform
- Materials including large-scale graphics
- Stakeholder interviews (virtual interviews)
- Two (2) community meetings (virtual if in-person meetings cannot be held)
- Public engagement (visioning) summary report
The consultant shall expect to attend at least one Planning Commission and City Council
hearing.
Task 4: Environmental Review
The consultant will be required to prepare and process an Initial Study and all applicable
environmental documents for compliance with the California Environmental Quality Act
(CEQA). The level of review has yet to be determined; therefore, the proposal shall
include a scope of work for each potential level of environmental review: a Mitigated
Negative Declaration, an Addendum to the General Plan Environmental Impact Report
(2010); or an Environmental Impact Report.
B-1
Exhibit "B"
SCHEDULE OF SERVICES
The schedule of services shall commence on January 19, 2021 to May 1, 2022.
Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a detailed
progress report that indicates the amount of budget spent on each task. Consultant will inform
City regarding any out-of-scope work being performed by Consultant. This is a time-and-materials
contract.
C-1
Exhibit "C"
COMPENSATION
The compensation for this agreement shall not exceed $208,692 from January 19, 2021
to May 1, 2022.
Attachment No. 1