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 CITY
ADMINISTRATOR TO ADOPT AN AMENDMENT TO AN
EXISTING CONTRACT (PDB-PSA-RINCON-005-13-14) WITH
RINCON CONSULTANTS, INC. FOR CONTINUED CONTRACT
PLANNING SERVICES, IN AN ADDITIONAL AMOUNT NOT TO
EXCEED $70,720

RECOMMENDATION(S):
Adopt a Resolution (Attachment A) authorizing the City Administrator to amend
(Attachment B) an existing contract (PDB-PSA-RINCON-005-13-14) with Rincon
Consultants, 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 consulting
services with Rincon Consultants to provide contract planning services to the
Community Planning and Building Department. The term of the contract was for one
year, with the initial contract amount established at $25,000. The contract was
extended and augmented by the City Council in February 2014, to a not to exceed total
contract limit of $106,600.

ANALYSIS/DISCUSSION:
Rincons assigned contract planner, Christy Sabdo, assists with the Planning Divisions
current planning case load. This includes administrative (staff level) approvals,
discretionary approvals, and providing assistance with Planning Counter questions 3 or
4 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 to
take 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.D
City Council Meeting - October 7, 2014
Page 68
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 in
addition 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 of
assistance per month. The cost to the City is partly defrayed by Planning and Building
Permit 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 upon
reaching 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 Planning
application review turn-around times, customer service levels, and Departmental
functions for at least 4 to 6 months while a full-time planner is recruited, hired, and
trained.
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. Existing Contract 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: ___________



Agenda Item: 7.D
City Council Meeting - October 7, 2014
Page 69
Agenda Item: 7.D

Attachment A
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL

RESOLUTION 2014-_____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA
AUTHORIZING 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 TO
EXCEED $70,720.

WHEREAS, the City of Carmel-by-the-Sea entered into a contract for
professional services with Rincon Consultants to provide contract planning services on
November 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; and
WHEREAS, 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 THE
CITY OF CARMEL-BY-THE-SEA does hereby:
Authorize the City Administrator to amend the existing contract with Rincon
Consultants, for continuation of contract planning services for a period of 12
months for an additional amount not to exceed $70,720, with all other terms of
the existing contract remaining unchanged.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-
BY-THE-SEA this 7
th
day 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, MMC
Interim City Clerk
Agenda Item: 7.D
City Council Meeting - October 7, 2014
Page 70
Agenda Item: 7.D

Attachment B
AMENDMENT NO. 2
TO PDB-PSA-RINCON-005-13-14

THE EXISTING CONTRACT IS AMENDED
AS FOLLOWS:


CONTRACT AMENDMENT NO. 2

Term of the Contract: The term of the contract is extended to October 6, 2015, with
additional 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. Schmitz
City Administrator

Date: ___________________, 2014


ATTEST:


_____________________________
Lori Frontella, MMC
Interim City Clerk


Contract Signatures:


_____________________________
Stephen Svete, AICP, LEED AP ND
Principal



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

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City Council Meeting - October 7, 2014
Page 71
Agenda Item: 7.D
City Council Meeting - October 7, 2014
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PBl>- PS#-RtlliCLJifl- oor.-
13/ty
CONTRACT #
CONTRACT FOR PROFESSIONAL CONSULTING SERVICES
1M .,.w
THIS CONTRAG"T is executed l- .. 2013, by and between the
CITY OF CARMELBYTiiESK\, hereinafter referred to as "C:I'I'Y" and Rincon
Consultants, INC., hereinafter called "CONSU1JfAN1'".
fi' 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<Jrporated herein by this reference.
2. Timely Work. CONSULTANT shall perform all duties incidental or
necessary in a t.im(']y fashion: and shall be diligently, competently, and in
accordance with standatds of ped'ormance. Failure to so perform is hereby
deemed a material breach of this Contract, and CITY mny terminate this Contract with no
further liability hereunder. City may in writing with CONSULTAN'r t.o an extension
of time. It is expressly agreed and understood that CONSUL'l'AN'P shall not be held
responsible fo1 delays occasioned by ft1ct.ors beyond thpil control, nor by factors that could
not reasonably hav<: been foreseen at the time of execution of this CONTRACT.
3. ,erm. The work under this Contract shaU commence November 8, 2013
and torroinate November?, 201-i. The parties may agree to t>xtcnd m amend this Contract
prior to its expiration.
4. Compensation. CTI'Y shall pay CONSULTANT in an amount not to
exceed $25,000, in accordance with this Contract for fiscal yE'l:ll' 201314.
Compensation lmder this Contract shall become due and payable thirty (aO)
days afrer CITY's approval of CONSUL'rAN'l"S submission of monthly w1itten invoices.
Written invoices shall clearly itemize each charge. The payment of any c.ompensation to
CONSULTANT hereunder shall be contingent upon pel'formance of the terms and
conditions ofthis Contract to the satisfaction of the City Administrator.
If the City Administrator determines tl1at the work set forth in the written
invoice has not been perfolmed in accordance with the terms of this Contract, CITY shall
not be responsible for payment until such time as the work has been satisfactorily
performed.
5. Additional Se,rvi.cea. ln the event that CITY should request additioMl
services not cove1cd by the terms of thia Contract, said services will he provided by
CONSULTANT and paid for by CITY only afte1' a fee for Mid servjcca has been agreed upon
beh1een CONSULTANT and City Administrator and the Cil.y provides
written author ization for the additional work.
Agenda Item: 7.D
City Council Meeting - October 7, 2014
Page 73
6. Meet and Confer. CONSULTANT agrees to meet and confe1 with CITY or
its agents or employees with regard to as set forth herein as may be required by
City Administrator to insure 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 shall defend (with legal
counsel reasonably acceptable to designated agents, departments, offieials, representatives,
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 of
CITY OF 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 be maintained professional liability coverage in full force Ol' obtain
extended reporting (tail) coverage (with the same liability limits) for at leLtst three (3) yearA
following CITY'S acceptance of work.
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Agenda Item: 7.D
City Council Meeting - October 7, 2014
Page 74
Wot_kers' Compensation Insurance If CONSULTANT E\mploys others in the
perfornumcP. of this Contract, CONSULTANT shall 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
A. All insurance required undel' thiB Contract must be written by an
insurance c;ompany either:
1) admitted w 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 the St::\te (',ompenaation Insurance Fund
when not specifically rated.
J3. Ench insurance policy by this Contract sbaU be endorsed to
state 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 and 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 01 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 after any change is 111ade in any insurance policy which
would alter the information on the certificate then on file .
. 3-
Agenda Item: 7.D
City Council Meeting - October 7, 2014
Page 75
E. Neither the 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 in this
Contract, which shall continue in full force and effect.
Notwithstanding the insurance requirements contained herein,
CONSULTANT is financially liable fox its indemnity obligations
under this Contract.
F. Any deductible or self-insured 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.
1 1. Termination. This Contract may be tcnninatod by either party upon
thirty (30) calondru days wl'itten notic:e to the other pa1ty. In the event of such termination,
CITY shall pay CONSUL1'ANT for all services performed to the satisfaction of CITY to the
of receipt. of 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.
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City Council Meeting - October 7, 2014
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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 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. Digital Files. CONSULTAN'l' shall furnish copiel:l of all deliverahles on
compAct di8ks (for example, final report) in digital format. . Ahall be with the
current v..,.rs1ons used by PC
1'1. CONSUUl'AN'l' shaH keep full detailed accounts and
such controls as may be nece8sary for proper financial management under this
Conhact; the accounting and control ayRtems shall be satisfact.ory to 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 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 J'eJieve CONSULTANT form
any obligation to perform said work or services sttictly in accordance with the specifications
of any modificationB thereof and in 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. This Contract constitutes the entire contract between
tl1e pm'ties hereto and supersedes any and a11 prior contracts, whether oral or written,
Agenda Item: 7.D
City Council Meeting - October 7, 2014
Page 77
relating to the subject mfttter the1eof. Any modification of thi.s will be effective
only if it is in writing signed by both parties hereto.
20. Validity. If any provision in this Contract is held by a court of competent
jur 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 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 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 lll'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 be 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 attorney's fee which shall be fixed by the judge,
mediator or arbitrator hearing the ca8c ond such foe be jncluded in the judgment.,
togethe1 with all costs.
'27. Severability. Tf any term of this Contract is held inva]id by a court of
(:(lmpctcnt the remainder of thjs Contract shall remain in effect.
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City Council Meeting - October 7, 2014
Page 78
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 I
I
By:
\
I, . , ..
- - -----:---'"
I
-----
' e
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Agenda Item: 7.D
City Council Meeting - October 7, 2014
Page 79
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:
Subject Propes a I fO Contract Pfanning Services
Dear Mr. Mullane:
Rincon Cunsultatrt5, Inc.
437 r :guuoa Street, Su i te 203
Monterey. Cahlornia 93940
8lJ 333 0310
r.u 333 0340
i nf o@r iAc o ncons ullan 1 s. CD Ill
www.rfncouonsultents. com
1 1;1 t;,i Cc:r:oel :>\!,;lo;,-S:;-,
i'!llt f, P.;.Ut;inq I)
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 City of 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 and process sma/J-smle permits for the aty;
Assist with the preparation of public 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, and
supplies necessary to conduct the staff planning work will be provlded by the City.
,,, o r r.t r '
Agenda Item: 7.D
City Council Meeting - October 7, 2014
Page 80
STAfFING
City of Carmel-by-the-Sea
Proposal for Contract Planning Services
November 4, 2013
Page2
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 planning services 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 of environmental planning staff, biologists,
geoscientists, and other specialists that can assist the Oty with a wide variety of environmental
resource planning tasks If 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 at 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 that 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 oft he scope of wori< 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

Janowicz
or Program anagcr
fnr Scinffi!S [nflin t e ra
Agenda Item: 7.D
City Council Meeting - October 7, 2014
Page 81
Attachments:
Rincon Consultants, Inc. Fee Schedule
Resumf!S for Key Staff
F.uv onm en: ' S r. i r nll s rs
City of Carmel-by-the-Sea
Proposal for Contract Planning Services
November 4, 2013
Poge3
~ l n r s
Agenda Item: 7.D
City Council Meeting - October 7, 2014
Page 82
F.!NCON CONBULTANTS, INC.
Stand.ard Fee Schedule for Environmental Sciences and Planning Services
Rinooll Consultanbf fee schedule is based on the time that is charged to projects by our professionals and
support staff. Direct costs l!SSociated with completing ll project are also billed to tile project as outlined
under Reimbutsable Expenses below. The foDowing sets forth the billing rates for our personnel.

- -- .. . --- ----- --
________ !.!60/hour __ _
- - ------ __ ______ __ $145/hour
Senior Staff II $ 135 hour
-_ -. =: -

Staff Anaivst n _ -__j

ProfesslooaJStaff Analyst! ------- -- _ $85/hour --J
--- __ _ _ _j60/hour -i
-- - ------ $55/hour --1
SeniorGISSpecialist - ---- _ . ----- ---- . .
i GEJ!E!:ialist/CADSpeci.alist . ____ $85/hoor -
! ------ _ _ __ !?5/hour
l
'fedmical Hditor _ . -- __ __ _! 85/hour_
.. ------- - . _ !65 hour
__ . _ . _
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 of $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 $2.00 I copy for
double-sided or 11xrr copies. Oversized maps or display graphics will be charged at a rate of
$8.00/square foot.
RejJWsable ExPenseS
BxpeMeS associated with <:omp1eting a project are teD:ned Reimbursable Expenses. These expenses do
not include the hourly billing rates described above. ReimbUl'llllh1e expenses inclu.de, but are 110t
liurlted to, the following:
1. Direct costs as5oc:ilzWJ with the execution of 11 projed nl'l: billed at cost pl118 15% to crmtr Geneml a1ui
Admiuisl:ntlive seroices. Dinct cosls i11cl111It, but tm not lim&d to,. laboratory drilling serulces
subcaittmctor servitzs, IUithorized ITavtd apmses, permit dutrges tutd filing printing tmd grrqiric
llfllilings lfnR postRge, petfannana bonds, 611mp/L hnndling and 6hipmf!llt, tlfllipmeJtl rentRl other
than couen.d by the Rbooe dtll1Rts, ttc. Comnrunitations dwgts tmd miscillantlJU$ office expenses
(including l%U phones, phone. fa, ll1UI elechvtric data tnmsrnittllis, digital ctlllll/'IIS
1
photo proassing,
el.c.) RTe biUed 1ft 3% of tolnllilbor.
2. Vehicle tiSf! in amrptmy-fJWnf!ll vehicles bflled ala dRy rnk of$85/dfly fur regular tmvin vehic!t
and $135 po- tiny for 4-'WD l#}-road vehic1e use, plus $(].85/nU!t for miluge ouer 50 milt9 per drry, For
trllliSpOrlllfion in empluyee-DWned mdmnoln1es, t1 mte of $0.85/mik wiU be chRrged. Rmtm vehicles will be
billed fit cost plus 15%.
11 I I O IIm O fl la 5. e Jtl { s / s I' I 01 ;r n e t s
2013
E n g < s
Agenda Item: 7.D
City Council Meeting - October 7, 2014
Page 83
BRYCE TERNET, MA
Senior Planner
Rincon Consuants, Inc.
M. . Temet ls a professional planner with eleven yeNS of experience i'llllllltiple phases of prqject development
and program management activities iocluding environmental documentation, research. technical writiny. and
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 background in
eriYironmental policy. planring d.:."Veeopmett. and 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
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 it 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
Cootl8d 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
Agenda Item: 7.D
City Council Meeting - October 7, 2014
Page 84
Bryce Ternet, MA
Page2
Mortsrey.Pacifac Grove ASBS Stormwater Management Envtonmentallmpact Report
Basin Management PlarJ 2012 Environmental Impact Report. 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 Department
,. Aquifer System Recovery Water Project 2 AddendUm. MPWMD
Regional Desalination PtQ)ect for Monterey Peninsula Environmental Assessment. Marina Coast
Water Oisllict (MCWD)
Lessalt Water Trl!;IDneill Plant Constraints Analysis, City of HoUister
Eastern DlsiJ'ibution Water System Initial Study. MCWD
" Branciforte Water Services Extension Initial Stildy, City of 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 of Exemption, MCWD
Des!llfnation Plant Brine Diseflarge lnitlal Study, MRWPCA
Other
VIllas de Clirmelo Environmental Impact Report. Monterey County Plan11ing 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 MN 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,
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 of Gilmy
Agenda Item: 7.D
City Council Meeting - October 7, 2014
Page 85
AMENDMJ!:NT TO
THE ORIGINAL CONTRACT IS AMENDED
AS FOLLOWS:
ATTACHMENT B
CONTRACT AMENDMENT
Term of the Contrnct: The term of the cont1act is extended to February 3, 2015, with
additional extensions subject to City Council approval.
Compensation: The compensation amount is 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 is revised to add a sentence
at the end of the existing paragraph that states:
This includes storm-water management and compliance monitoring
services including assistance by Qualified Storm-Water Pollution Prevention
Plan Developers, Qualified Water Pollution Prevention Plan
Practitioners, and Certified Inspectors of Sediment and Erosion Control
measures.
_..,A--,_

City Administrator
Date
'b/ }
FG6 zol uJ 14
tephen Svete, A Date
Principal