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HomeMy WebLinkAboutAgenda Report - December 7, 2022 C-12CITY OF Z!40 zt� `V CALIFORNIA COUNCIL COMMUNICATION AGENDA ITEM C6012 AGENDA TITLE: Adopt a Resolution Authorizing the City Manager to Execute Professional Services Agreement with Mintier Harnish, LP, a California Limited Partnership, for the Preparation of the Housing Element Update in an Amount not to Exceed $500,000 and request appropriations for $500,000 MEETING DATE: December 7, 2022 PREPARED BY: Community Development Director RECOMMENDED ACTION. Adopt a resolution authorizing the City Manager to execute Professional Services Agreement with Mintier Harnish, LP, a California Limited Partnership, for the preparation of the Housing Element Update in an amount not to exceed $500,000 and request appropriations for $500,000. BACKGROUND INFORMATION: The Lodi Housing Element is part of the City's General Plan, which is a comprehensive policy statement regarding the physical, economic, and social development of the city. Housing represents a high priority, planning for housing must be balanced with the community's economic and environmental needs, resources, and open space protection policies, which are also essential aspects of the City's General Plan. Whereas general plans often reflect planning periods 15-25 years long, housing elements are updated every five to eight years, in accordance with State law. The San Joaquin Council of Governments has completed the Regional Housing Needs Assessment, which is the precursor for state -mandated updates of all Housing Elements. The new assessment provides the framework necessary to proceed with a new Housing Element for the General Plan Update. Request for Proposals was released on August 5, 2022. Staff received three proposals, as the costs were higher than what had been anticipated, interviews with each proposer was scheduled. At the interviews we discussed ways to streamline some processes and asked each proposer to come back with a revised scope and budget for evaluation. The following proposals were received for consideration: Consultant Total Cost Mintier Harnish, LP $ 488,334 Dyet & Bhatia $ 496,840 Michael Baker International $ 564,375 APPROVED: Stephen Schwabauer, City Manager Housing Element Update PSA — Mintier Harnish, LP December 7, 2022 Page 2 of 2 After evaluation of all proposals and with the information garnered from the interviews, Staff selected Mintier Harnish, LP as the top proposer. Staff recommends the City Council adopt a resolution authorizing the City Manager to execute Professional Services Agreement with Mintier Harnish, LP, a California Limited Partnership, for the preparation of the Housing Element Update in an amount not to exceed $500,000 and request appropriations for $500,000. FISCAL IMPACTS The total cost of the contract is a not to exceed amount of $500,000. While currently there is sufficient funding available in the Community Development Department special reserve account, Staff anticipate there will be grant opportunities to help offset some of the cost, such as Regional Early Action Plan (REAP) grant Round 1 funds once an amendment is completed and potentially REAP grant Round 2 if awarded. FUNDING AVAILABLE: 27082000.72450 Andrew Keys Andrew Keys Deputy City Manager/Internal Services Director John P. Della Monica, Jr. Com unity Development Director J RDM/J R/kic/Iw Attachment: Mintier Harnish, LP Professional Services Agreement Signature: Oo, � X"p, Email: akeys@lodi.gov AGREEMENT FOR PROFESSIONAL SERVICES ARTICLE 1 PARTIES AND PURPOSE Section 1.1 Parties THIS AGREEMENT is entered into on 2022, by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and MINTIER HARNISH LP (hereinafter "CONTRACTOR"). Section 1.2 Purpose CITY selected the CONTRACTOR to provide the services required in accordance with attached Scope of Services, Exhibit A, attached and incorporated by this reference. CITY wishes to enter into an agreement with CONTRACTOR for SIXTH CYCLE HOUSING ELEMENT UPDATE (hereinafter "Project") as set forth in the Scope of Services attached here as Exhibit A. CONTRACTOR acknowledges that it is qualified to provide such services to CITY. ARTICLE 2 SCOPE OF SERVICES Section 2.1 Scope of Services CONTRACTOR, for the benefit and at the direction of CITY, shall perform the Scope of Services as set forth in Exhibit A. Section 2.2 Time For Commencement and Completion of Work CONTRACTOR shall commence work pursuant to this Agreement, upon receipt of a written notice to proceed from CITY or on the date set forth in Section 2.6, whichever occurs first, and shall perform all services diligently and complete work under this Agreement based on a mutually agreed upon timeline or as otherwise designated in the Scope of Services. CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other work products as may be designated in the Scope of Services. CONTRACTOR shall not be responsible for delays caused by the failure of CITY staff to provide required data or review documents within the appropriate time frames. The review time by CITY and any other agencies involved in the project shall not be counted against CONTRACTOR's contract performance period. Also, any delays due to weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall 1 remain in contact with reviewing agencies and make all efforts to review and return all comments. Section 2.3 Meetings CONTRACTOR shall attend meetings as may be set forth in the Scope of Services. Section 2.4 Staffing CONTRACTOR acknowledges that CITY has relied on CONTRACTOR's capabilities and on the qualifications of CONTRACTOR's principals and staff as identified in its proposal to CITY. The Scope of Services shall be performed by CONTRACTOR, unless agreed to otherwise by CITY in writing. CITY shall be notified by CONTRACTOR of any change of Project Manager and CITY is granted the right of approval of all original, additional and replacement personnel at CITY's sole discretion and shall be notified by CONTRACTOR of any changes of CONTRACTOR's project staff prior to any change. CONTRACTOR represents it is prepared to and can perform all services within the Scope of Services (Exhibit A) and is prepared to and can perform all services specified therein. CONTRACTOR represents that it has, or will have at the time this Agreement is executed, all licenses, permits, qualifications, insurance and approvals of whatsoever nature are legally required for CONTRACTOR to practice its profession, and that CONTRACTOR shall, at its own cost and expense, keep in effect during the life of this Agreement all such licenses, permits, qualifications, insurance and approvals, and shall indemnify, defend and hold harmless CITY against any costs associated with such licenses, permits, qualifications, insurance and approvals which may be imposed against CITY under this Agreement. Section 2.5 Subcontracts Unless prior written approval of CITY is obtained, CONTRACTOR shall not enter into any subcontract with any other party for purposes of providing any work or services covered by this Agreement. Section 2.6 Term The term of this Agreement commences on November 16, 2022 and terminates upon the completion of the Scope of Services or on December 31, 2024, whichever occurs first. PJ ARTICLE 3 COMPENSATION Section 3.1 Compensation CONTRACTOR's compensation for all work under this Agreement shall conform to the provisions of the Fee Proposal, attached hereto as Exhibit B and incorporated by this reference. CONTRACTOR shall not undertake any work beyond the scope of this Agreement unless such additional work is approved in advance and in writing by CITY. Section 3.2 Method of Payment CONTRACTOR shall submit invoices for completed work on a monthly basis, or as otherwise agreed, providing, without limitation, details as to amount of hours, individual performing said work, hourly rate, and indicating to what aspect of the Scope of Services said work is attributable. CONTRACTOR's compensation for all work under this Agreement shall not exceed the amount of the Fee Proposal. Section 3.3 Costs The Fee Proposal shall include all reimbursable costs required for the performance of the Scope of Services. Payment of additional reimbursable costs considered to be over and above those inherent in the original Scope of Services shall be approved in advanced and in writing, by CITY. Section 3.4 Auditing CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under this Agreement. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance needed to conduct such an audit. CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of this Agreement. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement. CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under this Agreement. 3 ARTICLE 4 MISCELLANEOUS PROVISIONS Section 4.1 Nondiscrimination In performing services under this Agreement, CONTRACTOR shall not discriminate in the employment of its employees or in the engagement of any sub CONTRACTOR on the basis of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, age, or any other criteria prohibited by law. Section 4.2 ADA Compliance In performing services under this Agreement, CONTRACTOR shall comply with the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as all applicable regulations and guidelines issued pursuant to the ADA. Section 4.3 Indemnification and Responsibility for Damage CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold harmless CITY, its elected and appointed officials, directors, officers, employees and volunteers from and against any claims, damages, losses, and expenses (including reasonable attorney's fees and costs), arising out of performance of the services to be performed under this Agreement, provided that any such claim, damage, loss, or expense is caused by the negligent acts, errors or omissions of CONTRACTOR, any subcontractor employed directly by CONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose acts they may be liable, except those injuries or damages arising out of the active negligence, sole negligence, or sole willful misconduct of the City of Lodi, its elected and appointed officials, directors, officers, employees and volunteers. CITY may, at its election, conduct the defense or participate in the defense of any claim related in any way to this indemnification. If CITY chooses at its own election to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification, CONTRACTOR shall pay all of the costs related thereto, including without limitation reasonable attorney fees and costs. The defense and indemnification obligations required by this Agreement are undertaken in addition to, and shall not in any way be limited by the insurance obligations set forth herein. Section 4.4 No Personal Liability Neither the City Council, nor any other officer or authorized assistant or agent or City employee shall be personally responsible for any liability arising under this Agreement. 4 Section 4.5 Responsibility of CITY CITY shall not be held responsible for the care or protection of any material or parts of the work described in the Scope of Services prior to final acceptance by CITY, except as expressly provided herein. Section 4.6 Insurance Requirements for CONTRACTOR CONTRACTOR shall take out and maintain during the life of this Agreement, insurance coverage as set forth in Exhibit C attached hereto and incorporated by this reference. Section 4.7 Successors and Assigns CITY and CONTRACTOR each bind themselves, their partners, successors, assigns, and legal representatives to this Agreement without the written consent of the others. CONTRACTOR shall not assign or transfer any interest in this Agreement without the prior written consent of CITY. Consent to any such transfer shall be at the sole discretion of CITY. Section 4.8 Notices Any notice required to be given by the terms of this Agreement shall be in writing signed by an authorized representative of the sender and shall be deemed to have been given when the same is personally served or upon receipt by express or overnight delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class or certified mail, postage prepaid, addressed to the respective parties as follows: To CITY: City of Lodi 221 West Pine Street P.O. Box 3006 Lodi, CA 95241-1910 Attn: John R. Della Monica Jr. To CONTRACTOR: Mintier Harnish 14152 oth Street Sacramento, CA 95811 Jim Harnish Section 4.9 Cooperation of CITY CITY shall cooperate fully and in a timely manner in providing relevant information it has at its disposal relevant to the Scope of Services. Section 4.10 CONTRACTOR is Not an Employee of CITY CONTRACTOR agrees that in undertaking the duties to be performed under this Agreement, it shall act as an independent contractor for and on behalf of CITY and not an employee of CITY. CITY shall not direct the work and means for accomplishment of 5 the services and work to be performed hereunder. CITY, however, retains the right to require that work performed by CONTRACTOR meet specific standards without regard to the manner and means of accomplishment thereof. Section 4.11 Termination CITY may terminate this Agreement, with or without cause, by giving CONTRACTOR at least ten (10) days written notice. Where phases are anticipated within the Scope of Services, at which an intermediate decision is required concerning whether to proceed further, CITY may terminate at the conclusion of any such phase. Upon termination, CONTRACTOR shall be entitled to payment as set forth in the attached Exhibit B to the extent that the work has been performed. Upon termination, CONTRACTOR shall immediately suspend all work on the Project and deliver any documents or work in progress to CITY. However, CITY shall assume no liability for costs, expenses or lost profits resulting from services not completed or for contracts entered into by CONTRACTOR with third parties in reliance upon this Agreement. Section 4.12 Confidentiality CONTRACTOR agrees to maintain confidentiality of all work and work products produced under this Agreement, except to the extent otherwise required by law or permitted in writing by CITY. CITY agrees to maintain confidentiality of any documents owned by CONTRACTOR and clearly marked by CONTRACTOR as "Confidential" or "Proprietary", except to the extent otherwise required by law or permitted in writing by CONTRACTOR. CONTRACTOR acknowledges that CITY is subject to the California Public Records Act. Section 4.13 Applicable Law, Jurisdiction, Severability, and Attorney's Fees This Agreement shall be governed by the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be venued with the San Joaquin County Superior Court. If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of this Agreement shall be in force and effect. In the event any dispute between the parties arises under or regarding this Agreement, the prevailing party in any litigation of the dispute shall be entitled to reasonable attorney's fees from the party who does not prevail as determined by the San Joaquin County Superior Court. 6 Section 4.14 City Business License Requirement CONTRACTOR acknowledges that Lodi Municipal Code Section 3.01.020 requires CONTRACTOR to have a city business license and CONTRACTOR agrees to secure such license and pay the appropriate fees prior to performing any work hereunder. Section 4.15 Captions The captions of the sections and subsections of this Agreement are for convenience only and shall not be deemed to be relevant in resolving any question or interpretation or intent hereunder. Section 4.16 Integration and Modification This Agreement represents the entire understanding of CITY and CONTRACTOR as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing, signed by both parties. Section 4.17 Contract Terms Prevail All exhibits and this Agreement are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Agreement and the attached exhibits, the terms of this Agreement shall prevail. Section 4.18 Severability The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. Section 4.19 Ownership of Documents All documents, photographs, reports, analyses, audits, computer media, or other material documents or data, and working papers, whether or not in final form, which have been obtained or prepared under this Agreement, shall be deemed the property of CITY. Upon CITY's request, CONTRACTOR shall allow CITY to inspect all such documents during CONTRACTOR's regular business hours. Upon termination or completion of services under this Agreement, all information collected, work product and documents shall be delivered by CONTRACTOR to CITY within ten (10) calendar days. CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any liability resulting from CITY's use of such documents for any purpose other than the purpose for which they were intended. 7 Section 4.20 Authority The undersigned hereby represent and warrant that they are authorized by the parties to execute this Agreement. Section 4.21 Federal Transit Funding Conditions ❑ If the box at left is checked, the Federal Transit Funding conditions attached as Exhibit D apply to this Agreement. In the event of a conflict between the terms of this Agreement or any of its other exhibits, and the Federal Transit Funding Conditions, the Federal Transit Funding Conditions will control. Section 4.22 Counterparts and Electronic Siqnatures This Agreement and other documents to be delivered pursuant to this Agreement may be executed in one or more counterparts, each of which will be deemed to be an original copy and all of which, when taken together, will be deemed to constitute one and the same agreement or document, and will be effective when counterparts have been signed by each of the parties and delivered to the other parties. Each party agrees that the electronic signatures, whether digital or encrypted, of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Delivery of a copy of this Agreement or any other document contemplated hereby, bearing an original manual or electronic signature by facsimile transmission (including a facsimile delivered via the Internet), by electronic mail in "portable document format" (".pdf") or similar format intended to preserve the original graphic and pictorial appearance of a document, or through the use of electronic signature software will have the same effect as physical delivery of the paper document bearing an original signature. 8 IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Agreement as of the date first above written. ATTEST: OLIVIA NASHED City Clerk APPROVED AS TO FORM: JANICE D. MAGDICH, City Attorney By: CITY OF LODI, a municipal corporation STEPHEN SCHWABAUER City Manager MINTIER HARNISH LP, CA Limited Partnership Bv: Name: JAMES HARNISH Title: General Partner Attachments: Exhibit A - Scope of Services Exhibit B - Fee Proposal Exhibit C — Insurance Requirements Exhibit D — Federal Transit Funding Conditions (if applicable) Funding Source: 27082000.72450 (Business Unit & Account No.) Doc ID: CA:Rev.04.2022.LT L•J City of Lodi Sixth Cycle Housing Element Update Work Scope November 4, 2022 Task 1 Project Initiation Task 1.1 Project Kick-off Meeting Mintier Harnish will facilitate a virtual project kick-off meeting with City staff. During this meeting, Mintier Harnish will work with City staff to accomplish the following: • Review the work scope and schedule. • Establish communication protocols, including monthly status reporting, project status coordination calls, and conference call/online video call protocols. • Determine a typical review schedule needed by City staff for draft work products. • Review and discuss overall organization of the Housing Element Update. • Discuss the community engagement strategy and the roles and responsibilities for both City staff and Mintier Harnish. • Identify informational sources and available GIS mapping data, including level of accuracy, status, and most recent updates. • Review preliminary RHNA and discuss the potential and strategy for an appeal. • Discuss data resources, approach, and methodology for the sites analysis. Discuss critical housing issues and the City's existing Housing Element. Determine consultation and coordination with appropriate governmental agencies. Discuss the Safety, Conservation, and Environmental Justice Element requirements. Discuss the SB 244 disadvantaged unincorporated communities analysis. Following the kick-off meeting Mintier Harnish will join a virtual city tour, led by City staff, to familiarize the consultant team with the city's structure, examples of housing successes and challenges, high- and low- resource neighborhoods, and safety-related issues. Task 1.2 Project Management Mintier Harnish will establish regular communication and coordination with City staff that includes bi-weekly virtual check-in meetings, in-person milestone meetings, telephone conferences, emails, and other communications to ensure timely delivery and adoption of the updated Housing, Safety, Conservation, and Environmental Justice Elements. During the kick- off meeting Mintier Harnish will identify communication protocols and key project staff and consultants who will be copied on all communications. Mintier Harnish will provide monthly project status reports that identify any budget or schedule issues and, if identified, proposed resolutions. Since March 2020, when Mintier Harnish needed to adapt our work and projects to a virtual environment, Mintier Harnish have developed a wide range of communication and work options that Mintier Harnish can work with City staff to implement if needed. Task 1 Deliverable • Kick-off meeting agenda (digital; pdf) • Communication, email, and file saving protocols; style guide (digital; pdf) Task 2 Review and Evaluate Current Housing Element Task 2.1 Review and Evaluate Current Housing Element Mintier Harnish will review and evaluate the City's 2015-2023 Housing Element. Specifically, Mintier Harnish will: • Discuss the effectiveness and continued appropriateness of current housing programs and policies • Evaluate the City's progress in meeting identified goals • Identify any barriers to achieving identified goals • Review compliance with new State laws • Identify potential revisions to existing programs The City's latest Housing Element Annual Progress Report will be the starting point for this evaluation. Mintier Harnish will interview City staff and compile additional information to provide an assessment of the continued appropriateness of existing programs and whether new programs should be added to address emerging trends and issues. Upon completion of this review, Mintier Harnish will provide a memorandum summarizing our findings. Mintier Harnish will also develop a recommended format and draft outline for the Housing Element Update. Task 2 Deliverable 2019-2023 Housing Element evaluation (digital; Word document; pdf) Task 3 Administrative Draft Housing Element Task 3.1 Existing Housing Needs Analysis The Existing Housing Needs Analysis is a comprehensive evaluation of current demographic, employment, housing, and housing market conditions and trends. Mintier Harnish will use this section as the basis for determining the existing unmet housing needs in Lodi. This analysis will include the following topic areas: Demographic Profile and Employment Profile. This section establishes "baseline" population and employment characteristics for the city, including population growth trends, age characteristics, race and ethnicity, income, local employment trends, and population and employment projections. Household Characteristics and Housing Stock. Mintier Harnish will use recent data sources to update the description of the existing housing stock in terms of housing stock growth and composition, vacancy rates, housing age and conditions, and overcrowding. Mintier Harnish will also describe housing cost burdens and the ability of households of different income levels to pay for housing. Mintier Harnish will describe current housing market trends, home sale prices, and rental rates based on recent data sources (e.g., DataQuick, Zillow, CaIREALTORS records) and conversations with local realtors. Special Needs Housing Analysis. Mintier Harnish will update the analysis of housing needs for special needs populations, including senior households, persons with disabilities, large families, single female -headed households, farmworkers, seasonal workers, extremely low- income households, and persons in need of emergency shelter. Task 3.2 Fair Housing Assessment The Mintier Harnish/Rincon team will prepare an assessment of fair housing practices. Mintier Harnish will analyze fair housing enforcement and outreach, integration and segregation patterns and trends, racially and ethnically concentrated areas of poverty, disparities in access to opportunities, and disproportionate housing needs consistent with HCD's AFFH Guidance for All Public Entities and for Housing Elements (April 2021). Mintier Harnish will describe Lodi's fair housing needs, including a discussion on how the proposed sites inventory promotes fair housing, and will develop meaningful actions that the City can implement to further fair housing issues in the community. Task 3.3 Sites Inventory The City of Lodi 6th Cycle RHNA allocation is 3,909. For the Housing Element Update, it will be imperative to take into consideration the following adequate site requirements under new housing element laws: • No net loss of capacity when sites are developed • Continued ability to meet the RHNA by income category • Stringent standards for assessing feasibility when reusing vacant and underutilized sites that were included in the 5th Cycle Multi -Jurisdictional Housing Element • Demonstrated trends of development To accommodate new State legislation and requirements, additional justification is required to demonstrate that potential sites are suitable and available. This justification may include: • Lot consolidation potential • Feasibility of development on smaller sites • Impediments for residential development on non -vacant sites, if applicable • Recent development on similar sites • Substantial evidence the existing use is likely to be discontinued within the planning period Following the analysis of available sites, Mintier Harnish will prepare a Mintier Harnishb mapping portal that will be used to share online, interactive maps with City staff and the community. Static maps created from this portal will be used to generate a sites inventory using HCD's current worksheet format and template. Mintier Harnish will provide an expanded analysis of the sites inventory including development trends that justify the inclusion of vacant and non -vacant sites. Mintier Harnish assume one round of review on the initial information presented in the web portal and sites inventory (Excel format). Task 3.4 Rezoning Mintier Harnish/Rincon Team will work with City staff to identify potential areas for rezoning, if the sites analyses determine it is necessary. Mintier Harnish will evaluate the City's existing inventory of vacant and developed land within the city limits, existing uses, allowed uses, potential for development, and the General Plan land use designations and zoning map to identify potential rezoning opportunities. These opportunities for rezoning may include increasing densities, changing land use designations to allow residential or mixed uses, intensifying land use, or establishing overlay zoning to facilitate housing production. Task 3.5 Electronic Housing Element Site Inventory Form Mintier Harnish/Rincon Team will prepare and submit an electronic copy of the final sites inventory to HCD using pre -approved Excel spreadsheets. Mintier Harnish will prepare the necessary submittals on behalf of the City using the downloadable Housing Element Sites Inventory Form. Task 3.6 Financial and Programmatic Resources The Financial and Programmatic Resources section will include a description of the City's 2023- 2031 RHNA from SJCOG. This analysis will examine the resources and opportunities available for the development, rehabilitation, and preservation of housing. It will include an inventory and analysis of the land resources (i.e., vacant and underutilized sites), and the financial and administrative resources available to support housing activities. Units Approved, Built, or Under Construction. A jurisdiction is allowed to count units that are approved, built, or under construction as of the beginning of the projection period (or completed after that date, but before Housing Element adoption) against its RHNA and calculate the remaining housing need. Mintier Harnish will count any of these units against the RHNA and calculate the remaining housing need. Adequacy of Public Facilities and Services. Mintier Harnish will prepare an assessment of the adequacy of water and wastewater infrastructure to meet existing and future housing needs, based on information from local water and wastewater master plans, specific plans, and City staff input. Inventory of Financial and Administrative Resources. Mintier Harnish will describe local, State, and Federal financial and administrative resources available to help the City implement its housing programs. Energy Conservation Opportunities. Mintier Harnish will describe opportunities for energy conservation, including the City's existing General Plan policies that promote energy conservation, and alternative energy and green building measures. Mintier Harnish will also describe local energy conservation programs, such as weatherization and rebate programs provided by local utility companies. Task 3.7 Housing Constraints Mintier Harnish will review and update the analysis of both governmental and non-governmental constraints, such as land and development costs, site constraints, existing or planned infrastructure, land use controls, building code regulations, fees, and permit and processing procedures. Mintier Harnish will also analyze constraints on housing for persons with disabilities, and the City's current permitting procedures for emergency shelters, transitional and 4 supportive housing, and single -room occupancy units. Mintier Harnish will update this section to address the current economic climate and housing market. The housing constraints analysis will also document local efforts to remove governmental constraints to improve the City's ability to meet its share of the regional housing needs and satisfy the requirements of the Government Code Section 65583 et seq. Task 3.8 Housing Element Goals, Policies, and Quantified Objectives Mintier Harnish will update the 2019-2023 Housing Element goals, policies, programs, and quantified objectives based on the evaluation of the 2019-2023 Housing Element, the housing needs and constraints identified in the Background Report, recent changes to State law, public input from the community meetings, and feedback from City staff. Housing policies and programs will build upon the most successful policies and programs in the 2019-2023 Housing Element. All programs will include specific steps; time frame for implementation; responsible department, agencies, or officials; the City's implementation responsibilities; and measurable outcomes. Task 3 Deliverables • Housing needs analysis • Fair housing assessment • ArcGIS Online web mapping portal (online) • Final sites inventory in HCD-approved format to be included as an Appendix to the Housing Element (digital; Excel; pdf) • Financial and programmatic resources analysis • Housing constraints analysis • Housing Element Goals, Policies, and Quantified Objectives Task 4 Public Review Draft Housing Element Task 4.1 Administrative Review Draft Housing Element Mintier Harnish will prepare an Administrative Draft Housing Element for City staff to review Task 4.2 Public Review Draft Housing Element Mintier Harnish will prepare a Public Review Draft Housing Element based on comments received from City staff on the Administrative Review Draft Housing Element. Recent changes in State law now require the City to circulate the Public Review Draft Housing Element for a minimum 30 -day public comment period. At the end of the comment period, the City must allow for a minimum of 10 days to respond to public comments prior to the Planning Commission review of the Draft Housing Element. Task 4.3 HCD Public Review Draft Housing Element Mintier Harnish will revise the Public Review Draft Housing Element based on direction from the Planning Commission and City Council and prepare a Draft Housing Element to be delivered to HCD. Task 4 Deliverables: • Administrative Review Draft Housing Element (digital; Word document; pdf) • Public Review Draft Housing Element (digital; Word document; pdf) • Newsletter #2 (digital; InDesign; pdf) • Study Session Materials (digital; PowerPoint) • HCD Review Draft Housing Element (digital; Word document; pdf) Task 5 State Certification Task 5.1 Transmittal to HCD Mintier Harnish will hand -deliver the Draft Housing Element to HCD. Under State law, HCD has up to 90 days to review the Draft Housing Element. During the HCD review process, Mintier Harnish will maintain close contact with the assigned HCD reviewer to respond to any questions he/she may have during the process. Task 5.2 Meeting with HCD Following submission of the HCD Review Draft Housing Element and prior to the end of the 90 - day review period, Mintier Harnish and City staff will meet with HCD staff or conduct a phone call meeting to discuss the Draft Housing Element and preliminary HCD comments. If necessary, Mintier Harnish will have additional meetings with HCD after submitting the response to comments to facilitate the review process. Task 5.3 Response to HCD Comments Following the City's receipt of HCD comments on the HCD Review Draft Housing Element, Mintier Harnish will prepare a preliminary response to HCD comments and provide this to City staff for review. Based on comments received from City staff, Mintier Harnish will then prepare and submit a formal written response to HCD comments. Mintier Harnish will work closely with HCD to seek a timely conditional approval letter prior to Planning Commission and City Council hearings. Task 5 Deliverables: • Completeness Checklist (digital; Word document; pdf) • Response to HCD Comments (digital; Word document; pdf) Task 6 Community Outreach Task 6.1 Community Engagement Strategy Based on input from City staff at the kick-off meeting, Mintier Harnish will finalize the details of the comprehensive Community Engagement Strategy (Strategy). The strategy will describe engagement methods, responsibilities, and publicity protocols. Mintier Harnish will structure the Strategy to be inclusive of all those who make up the community, including residents; workers; businesses; property owners; developers and residential builders; educational institutions; civic, community, and non-profit organizations; religious, social, cultural, and ethnic committees; and public agencies. 0 Task 6.2 Project Branding and Logo Mintier Harnish will develop a branding package for the Housing Element Update. The branding package will include a project logo and style templates for all work products, maps, and publicity materials to build enthusiasm about the project and ensure that this effort is distinct in the minds of the community. Task 6.3 Website and Online Engagement Mintier Harnish will develop an interactive, informational website, or page on the City's website, for the Housing Element Update to provide an easy-to-use tool for residents to stay informed during the Update process. Mintier Harnish will regularly update the online engagement tools with new questions, surveys, opinion polls, and geographic mapping tools. Task 6.4 Newsletters Mintier Harnish will prepare two newsletters: a Housing Element update overview and a summary of the Public Review Draft Housing Element Update. Task 6.5 Stakeholder Interviews and Focus Group Meetings Mintier Harnish will facilitate up to 15 one-hour stakeholder interviews and up to five stakeholder focus group meetings. Mintier Harnish will work with City staff to identify participants and contact information for the interviews and focus groups. Mintier Harnish will coordinate interview times with participants and provide a summary of the stakeholder interviews and focus groups. The stakeholder interviews and focus group meetings will be conducted as virtual meetings via Zoom or other online technology. Task 6.6 Community Workshops Mintier Harnish will facilitate three community workshops: the first on housing concerns and needs, the second on vacant and underutilized sites assessment, and the third on the Public Review Draft Housing Element Update. Two workshops will be virtual via zoom or other online platform; the third will be in-person. Mintier Harnish will also support the workshops with online opinion surveys. Task 6.7 Study Sessions: Planning Commission and City Council Mintier Harnish will facilitate three study sessions with the Planning Commission and City Council. The first will be a joint study session to discuss the results of the sites inventory, community discussion, stakeholder interviews, and opinion surveys. The second will be with the Planning Commission to solicit input on the Public Review Draft Housing Element Update and formulate a recommendation for the City Council. The third will be with the City Council to solicit input on the Public Review Draft Housing Element Update and request authorization to submit the Housing Element Update to HCD for the mandated 90 -day review period. All three study sessions will be virtual. Task 6.8 Translation Services Mintier Harnish will offer two types of translation services for the project: verbal translation and translation of written materials. Presentations, posters, handouts, and all other written material will be available in both English and Spanish. Translators can be present at all workshops. Task 6 Deliverables: • Stakeholder and community contact list (digital; Excel; pdf) • Community engagement strategy (digital; Word document; pdf) • Project logo and branding package (digital; pdf) • Website and online engagement (digital) • Online opinion survey (online) • Opinion survey results summary (digital; Word document; pdf) • Newsletter #1: Housing Element Update Overview (digital; InDesign; pdf) • Newsletter #2: Public Review Draft Housing Element Update (digital; InDesign; pdf) • Stakeholder interview summary (digital; Word document; pdf) • Stakeholder focus group summary (digital; Word document; pdf) • Community workshop information boards and handouts (digital; pdf; hard copies, display boards) Study session materials (digital; PowerPoint presentations; pdf) Task 7 Public Hearings Mintier Harnish will work with City staff to respond to HCD staff comments, incorporate those responses into a Public Hearing Draft Housing Element, and facilitate adoption of the Final Housing Element. Task 7.1 Public Hearing Draft Housing Element Mintier Harnish will prepare a Public Hearing Draft Housing Element that incorporates all of the responses to HCD comments. Mintier Harnish will provide a digital copy of the Public Hearing Draft Housing Element to post on the City website and will send out an email to stakeholders and the community. Task 7.2 Public Hearings and Adoption Mintier Harnish will attend two public hearings—one with the Planning Commission and one with the City Council—to present the Public Hearing Draft Housing Element, respond to questions, and record the recommendations of the Planning Commission and the action of the City Council. Task 7.3 Final Housing Element and Transmittal to HCD Mintier Harnish will prepare the Final Housing Element that incorporates any changes made by the Planning Commission and City Council in adopting the Housing Element. Mintier Harnish will print hard copies and provide a digital copy of the Final Housing Element. Mintier Harnish will also prepare a cover memorandum to accompany submission of the Final Housing Element to HCD for the final 60 -day certification period. Task 7 Deliverables: 0 Planning Commission and City Council Public Hearing materials (digital; PowerPoint presentations; pdf) Final Housing Element transmittal memorandum to HCD (digital; Word document; pdf) Final Housing Element (1 bound hard copy; digital; Word document; pdf) Task 8 Environmental Review Mintier Harnish will coordinate with City staff on integrating the environmental assessment for the Housing, Safety, Conservation, and environmental Justice Elements with the environmental Impact report currently being prepared for selected General Plan amendments. Mintier Harnish will provide analytical support and technical analysis as needed. Task 9 Tribal Consultations Mintier Harnish will assist City staff in conducting government -to -government tribal consultation in accordance with Assembly Bill 52 of 2014 (AB 52) and Senate Bill 18 of 2004 (SB 18). Mintier Harnish will prepare the AB 52- and SB 18 -specific letters placed on City letterhead; prepare and submit a Native American Heritage Commission Sacred Lands File SB 18 request; and prepare a tracking sheet and instructions for City staff. Task 9 Deliverable Technical memorandum documenting Tribal consultation results (digital; Word document; pdf) Task 10 Review General Plan For Consistency Task 10.1 Review General Plan For Consistency Mintier Harnish will review the General Plan to ensure consistency with the Housing Element Update. Mintier Harnish will review the land use; growth management and infrastructure; community design and livability; transportation; parks, recreation, and open space; conservation; and noise elements and prepare recommendations for revisions, if appropriate. Mintier Harnish assume that since the Safety Element has not been updated to comply with new State laws, Mintier Harnish have included work scope and budget to address that element update, which goes beyond housing element consistency. Mintier Harnish have also included work scope and budget for a new Environmental Justice Element, as wehll as a SB 244 Disadvantaged Unincorporated Communities analysis. Task 10 Deliverable Memorandum summarizing General Plan consistency review (digital; Word document; pdf) Task 11 Preparation of Other Elements of the General Plan Task 11.1 Safety Element Update Subtask 11.1.1 Vulnerability Assessment 0 Mintier Harnish will identify and map critical assets (emergency services, transportation, public health) that could be exposed to climate hazards and conduct a spatial and qualitative analysis of the sensitivity and adaptive capacity of each. A key component of the vulnerability assessment will be an evaluation of the potential for climate change to disproportionally impact vulnerable population groups (e.g., seniors, children, low-income communities, outdoor workers). Subtask 11.1.2 AB 747 Analysis Mintier Harnish will coordinate with City staff, and other emergency management personnel to select up to three emergency scenarios and assess the capacity of the City's evacuation route options under selected conditions, including those most likely to be influenced by climate change. The analysis will be informed by existing evacuation plans and analyses to develop a model that provides evacuation route vulnerability scores for residential parcels (and commercial properties if the City desires). Through this analysis, Mintier Harnish will develop a vulnerability score. The vulnerability score will be assigned to each parcel based on the modeled time estimated to evacuate outside city boundaries. This model will not include dynamic traffic modeling. The analysis will be used to determine if the City should consider putting additional or alternate evacuation contingency plans in place and what additional measures or contingency plans and options it should consider implementing. Mintier Harnish will include key findings and policy recommendations for inclusion in the Safety Element and develop a brief technical memorandum describing the methodology of the results and high-level recommendations. Subtask 11.1.3 SB 99 Analysis Mintier Harnish will identify residential developments in any hazard area identified in the Safety Element that do not have at least two emergency evacuation routes. Mintier Harnish will coordinate with City staff to develop a citywide map using ESRI that identifies communities with less than two ingress/egress and provide a narrative description of the implications for evacuation planning. Mintier Harnish will use the analysis to determine if the City should consider specific plans or policies to address any identified access limitations or constraints. Subtask 11.1.4 Safety Element Policy Memorandum Mintier Harnish will review the existing Safety Element and identify necessary updates to bring it into compliance with State law. Mintier Harnish will provide a memorandum summarizing the most recent applicable legislation requirements, recommendations on how the City can comply with these requirements, and critical updates that will be needed for the existing Safety Element. Subtask 11.1.5 Administrative Draft Safety Element Mintier Harnish will update background information, associated maps, and the regulatory context for the following topics currently included in the Safety or Conservation Element: soils, seismic, and other geologic hazards; flood hazards; fire hazards; hazardous materials and waste; aircraft hazards; and emergency response. Subtask 11.1.6 Public Review Draft Safety Element 10 Mintier Harnish will revise the Administrative Draft Safety Element in response to a single set of consolidated comments from City staff. Subtask 11.1.7 Community Workshop: Safety Element Mintier Harnish and City staff will facilitate one virtual community workshop on the Safety Element. Mintier Harnish will present the Draft Safety Element and discuss key changes and updates. Subtask 11.1.8 Planning Commission and City Council Joint Study Session Mintier Harnish will assist City staff in facilitating a virtual joint study session with the Planning Commission and City Council to present the Draft Safety Element and discuss the results of the community workshop. Mintier Harnish will solicit input and direction from the Planning Commission and City Council. Mintier Harnish will revise the Safety Element as necessary following the study session. Subtask 11.1.9 Adoption Hearings Mintier Harnish will attend Planning Commission and City Council adoption hearings for the Safety Element as a part of the Housing Element Adoption Hearings (Task 7). Subtask 11.1.10 Prepare Final Documents Mintier Harnish will prepare the Final Safety Element in a format consistent with the adopted 2014 Lodi General Plan. Task 11.1 Deliverables: • Draft Vulnerability Assessment (digital; Word document; pdf) • Final Vulnerability Assessment (digital; Word document; pdf) • Evacuation Analysis — Technical Memorandum (digital; Word document; pdf) • Draft Evacuation Map (digital; GIS; pdf) • Final Evacuation Map (digital; GIS; pdf) • Draft Safety Element Policy Memorandum (digital; Word document; pdf) • Final Safety Element Policy Memorandum (digital; Word document; pdf) • Administrative Draft Safety Element Update (digital; Word document; pdf) • Public Review Draft Safety Element Update (digital; Word document; pdf) • Community Workshop Materials (digital; PowerPoint presentations; display boards and handouts) Final Safety Element Update (digital; Word document; pdf) Task 11.2 Conservation Element Mintier Harnish will update the Conservation Element, in conjunction with the Safety Element to identify rivers, creeks, stream, flood corridors, riparian habitats, and land that may accommodate floodwater for purposes of groundwater recharge and stormwater management. Task 11.3 Environmental Justice Element 11 Subtask 11.3.1 Administrative Draft Environmental Justice Element Mintier Harnish will prepare an Administrative Draft Environmental Justice Element that aligns with the Governor's Office of Planning and Research Guidelines. Mintier Harnish will use CalEnviroScreen 4.0 to determine areas of concern regarding environmental justice issues that is consistent with SB 535 (Disadvantaged Communities). The updated Environmental Justice Element at a minimum will address goals, policies, and programs pertaining to the following topics: educational attainment, pollution burden of disadvantaged communities, and identification of burdensome quality of life metrics including poverty, unemployment, linguistic isolation, and health. Subtask 11.3.2 Public Review Draft Environmental Justice Element Mintier Harnish will revise the Administrative Draft Environmental Justice Element in response to a single set of consolidated comments from the City. Mintier Harnish will prepare a Public Review Draft Environmental Justice Element. Subtask 11.3.3 Community Workshops: Environmental Justice Element Mintier Harnish will work with City staff and community organizations to facilitate two community workshops on the Environmental Justice Element. Mintier Harnish will present the purpose of the Environmental Justice Element and discuss key goals, policies, and programs that are included as part of the Draft. Mintier Harnish will then facilitate a question -and -answer session and interactive small group sessions. Mintier Harnish will summarize the results of the input received. Subtask 11.3.4 Planning Commission and City Council Joint Study Session Mintier Harnish will assist City staff with facilitating a virtual joint study session with the Planning Commission and City Council to present the Draft Environmental Justice Element and discuss the results of the community workshops. Mintier Harnish will solicit input and direction from the Planning Commission and City Council. Mintier Harnish will revise the Environmental Justice Element as necessary following the study session. Subtask 11.3.5 Adoption Hearings Mintier Harnish will attend Planning Commission and City Council adoption hearings for the Environmental Justice Element as a part of the Housing Element Adoption Hearings (Task 7). Subtask 11.3.6 Prepare Final Documents Mintier Harnish will prepare the Final Environmental Justice Element. Task 11.3 Deliverables: • Administrative Draft Environmental Justice Element (digital; Word document; pdf) • Public Review Draft Environmental Justice Element (digital; Word document; pdf) • Community workshop materials (digital; PowerPoint presentations; display boards and handouts) • Final Environmental Justice Element (digital; Word document; pdf) 12 Task 11.4 SB 244 Disadvantaged Unincorporated Communities (DUCs) Analysis Subtask 11.4.1 Research Mintier Harnish will research and review existing San Joaquin County and LAFCO documents to confirm any identified DUCs in the county. Mintier Harnish will also use criteria included in SB 244 to ensure all potential DUCs have been identified. As part of this research, Mintier Harnish will compare DUC locations as they relate to the City of Lodi's current Sphere of Influence (SOI). If desired by the City, Mintier Harnish will also include the areas proposed to be included in the expanded SOI. Subtask 11.4.2 DUC Infrastructure Assessment Following the research, review, and identification of a DUC(s) within the City's SOI, Mintier Harnish will prepare a memorandum highlighting the identified DUCs and their infrastructure deficiencies. It is assumed that existing published documents (i.e., municipal service reviews, infrastructure plans, and any community/areas plans) that pertain to the DUC areas will provide the majority of the required data needed to determine and identify existing deficiencies in infrastructure. For any infrastructure data not published, Mintier Harnish will contact the appropriate local agencies to obtain missing infrastructure information necessary to conduct the infrastructure assessment. As part of our documentation, Mintier Harnish will provide a brief overview of each DUC, the geographical setting, and an initial summary of infrastructure and services. Subtask 11.4.3 Land Use Element Amendments Mintier Harnish will determine whether a General Plan amendment is required to address disadvantaged unincorporated communities consistent with SB 244. If an amendment is required, Mintier Harnish will include those changes as a part of our Task 10 General Plan consistency review. Task 11.4 Deliverables: Memorandum summarizing the DUC review (digital; Word document; pdf) DUC Infrastructure Assessment (digital; Word document; pdf) Task 12 Zoning Code Compliance Mintier Harnish will review the City Zoning Code and make recommendations to make it consistent with State housing law. Mintier Harnish will conduct a thorough diagnosis of the Zoning Code and identify provisions that are inconsistent with recent changes in State housing law. Mintier Harnish will prepare a Zoning Code Diagnosis Report that describes any provisions of the current Zoning Code that conflict with, or do not fully address, State housing law (e.g., objective design standards, ADUs) and provide recommendations to correct any deficiencies. Task 12 Deliverable: 13 Zoning Code Diagnosis Report (digital; Word document; pdf) 14 Proposal Cost Estimate W(a) Phases, Tasks (Phase 1 Description Project Initiation MINTIER HARNISH x RINCON CONSULTANTS INC x c Project Management (Phase 2 Review and Evaluate Current Housing Element i Review and Evaluate Current Housing Element L (Phase 3 Administrative Draft Housing Element Electronic Housing Element Site Inventory Form Financial and Programmatic Resources Housing Constraints Phase 4 Public Review Draft Housing Element Public Review Draft Housing Element HCD Public Review Draft Housing Element Phase 5 State Certification Phase Community Outreach Community Engagement Strategy Project Branding and Logo Website and Online Engagement Translation Services Phase 7 Public Hearings Phase 8 ®Environmental Environmental Review Environmental Review Review----------�� I11'ask9 Tribal Consultations Tribal (Task 10: Review General Plan For Consistency (Task 11: Preparation of Other Elements of the General Plan ITask 12: Zoning Code Compliance ITOTAL2022 :r , - BIlmg Rates Labor Subtotals Direct Fxpensestravel) OPTIONAL Rezoning . o� 1) This represents a total not to exceed cost based on the provided scope of work. 2) The distribution of hours between firms, staff categories, and tasks are an estimate. While the total costs will not change, the distribution of hours/casts may vary depending on actual execution. 3) Labor rates are subject to change every January 15t although this change will not change the total budget. Page 1 i EXHIBIT C NOTE: The City of Lodi is now using the online insurance program PINS Advantage. Once you have been awarded a contract you will receive an email from the City's online insurance program requesting you to forward the email to your insurance provider(s) to submit the required insurance documentation electronically Insurance Requirements for Professional Services Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto or if Contractor has no owned autos, then hired, and non - owned autos with limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Professional Liability (Errors and Omissions) Insurance appropriate to the Consultant's profession, with limits not less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. May be waived by Risk Manager depending on the scope of services. Other Insurance Provisions: (a) Additional Named Insured Status The City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers are to be covered as additional insureds on the CGL and auto policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used (b) Primary and Non -Contributory Insurance Endorsement The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or excess insurance. For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (c) Waiver of Subrogation Contractor hereby grants to City of Lodi a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Lodi by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Lodi has received a waiver of subrogation endorsement from the insurer NOTE: (1) The street address of the CITY OF LODI must be shown along with (a) and (b) and (c) above: 221 West Pine Street, Lodi, California, 95240; (2) The insurance certificate must state, on its face or as an endorsement, a description of therp oiect that it is insuring. (d) Severability of Interest Clause The term "insured" is used severally and not collectively, but the inclusion herein of more than one insured shall not operate to increase the limit of the company's liability under the Contractors commercial general liability and automobile liability policies. (e) Notice of Cancellation or Change in Coverage Endorsement This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine St., Lodi, CA 95240. Page 1 1 of 2 pages I Risk: rev. 3/1/2018 (f) Continuity of Coverage All policies shall be in effect on or before the first day of the Term of this Agreement. At least thirty (30) days prior to the expiration of each insurance policy, Contractor shall furnish a certificate(s) showing that a new or extended policy has been obtained which meets the minimum requirements of this Agreement. Contractor shall provide proof of continuing insurance on at least an annual basis during the Term. If Contractor's insurance lapses or is discontinued for any reason, Contractor shall immediately notify the City and immediately obtain replacement insurance. Contractor agrees and stipulates that any insurance coverage provided to the City of Lodi shall provide for a claims period following termination of coverage which is at least consistent with the claims period or statutes of limitations found in the California Tort Claims Act (California Government Code Section 810 et seq.). (g) Failure to Comply If Contractor fails or refuses to obtain and maintain the required insurance, or fails to provide proof of coverage, the City may obtain the insurance. Contractor shall reimburse the City for premiums paid, with interest on the premium paid by the City at the maximum allowable legal rate then in effect in California. The City shall notify Contractor of such payment of premiums within thirty (30) days of payment stating the amount paid, the name(s) of the insurer(s), and rate of interest. Contractor shall pay such reimbursement and interest on the first (1st) day of the month following the City's notice. Notwithstanding any other provision of this Agreement, if Contractor fails or refuses to obtain or maintain insurance as required by this agreement, or fails to provide proof of insurance, the City may terminate this Agreement upon such breach. Upon such termination, Contractor shall immediately cease use of the Site or facilities and commence and diligently pursue the removal of any and all of its personal property from the site or facilities. (h) Verification of Coverage Consultant shall furnish the City with a copy of the policy declaration and endorsement page(s), original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Failure to exercise this right shall not constitute a waiver of the City's right to exercise after the effective date. (i) Self -Insured Retentions Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. (j) Insurance Limits The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's officers, employees, agents, representatives or subcontractors. Contractor's obligation to defend, indemnify and hold the City and its officers, officials, employees, agents and volunteers harmless under the provisions of this paragraph is not limited to or restricted by any requirement in the Agreement for Contractor to procure and maintain a policy of insurance. (k) Subcontractors Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors (1) Claims Made Policies If any of the required policies provide coverage on a claims -made basis: 1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. (m) Qualified Insurer(s) All insurance required by the terms of this Agreement must be provided by insurers licensed to do business in the State of California which are rated at least "A-, VI" by the AM Best Ratings Guide, and which are acceptable to the City. Non -admitted surplus lines carriers may be accepted provided they are included on the most recent list of California eligible surplus lines insurers (LESLI list) and otherwise meet City requirements. Page 2 1 of 2 pages Risk: rev. 3/1/2018 RESOLUTION NO. 2022-293 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH MINTIER HARNISH, LP, A CALIFORNIA LIMITED PARTNERSHIP, FOR THE PREPARATION OF THE HOUSING ELEMENT UPDATE; AND FURTHER APPROPRIATING FUNDS WHEREAS, the Lodi Housing Element is part of the City's General Plan, which is a comprehensive policy statement regarding the physical, economic, and social development of the city; and WHEREAS, the San Joaquin Council of Governments has completed the Regional Housing Needs Assessment, which is the precursor for state -mandated updates of all Housing Elements; and WHEREAS, a Request for Proposals was released on August 5, 2022.; and WHEREAS, the City received and evaluated the three proposals as shown below; and Consultant Total Cost Mintier Harnish, LP $488,334 D et & Bhatia $496,840 Michael Baker International 1 $564,375 WHEREAS, staff recommends the City Council authorize the City Manager to execute a Professional Services Agreement with Mintier Harnish, LP, a California Limited Partnership, for the preparation of the Housing Element Update in an amount not to exceed $500,000 and appropriate funds in the amount of $500,000. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute a Professional Services Agreement with Mintier Harnish, LP, a California Limited Partnership, for the preparation of the Housing Element Update in an amount not to exceed $500,000; and BE IT FURTHER RESOLVED that funds in the amount of $500,000 be appropriated from the Community Development Special Revenue Fund to expenditure account 27082000.72450; and BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol Manual (adopted 11/6/19, Resolution No. 2019-223), the City Attorney is hereby authorized to make minor revisions to the above -referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary. Dated: December 7, 2022 I hereby certify that Resolution No. 2022-293 was passed and adopted by the City Council of the City of Lodi in a regular meeting held December 7, 2022, by the following vote: AYES: COUNCIL MEMBERS — Hothi, Khan, Kuehne, Nakanishi, and Mayor Chandler NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None OLIVIA NASHED City Clerk 2022-293