2020/06/03 Kimley-Horn and Associates, Inc. FY21/29 Housing Element CITY OF MENIFEE
PROFESSIONAL SERVICES AGREEMENT
2021-2029 HOUSING ELEMENT UPDATE
THIS PROFESSIONAL SERVICES AGREEMENT("Agreement") is made and effective
this day of 2020 ("Effective Date") by and between the CITY OF MENIFEE, a
California municipa corporation, ("City") and Kimley-Horn and Associates, Inc., a North
Carolina Corporation ("Consultant"). City and Consultant may sometimes herein be referred to
individually as a"Party" and collectively as the "Parties."
SECTION 1. SERVICES.
Subject to the terms and conditions set forth in this Agreement,Consultant shall provide to
City the services described in the Scope of Services,attached hereto as Exhibit A and incorporated
herein by this reference (the "Services"). Consultant will perform subsequent task orders as
requested by the Contract Administrator (as defined below), in accordance with the Scope of
Services. In the event of a conflict in or inconsistency between the terms of this Agreement and
Exhibit A, this Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on June 3, 2020 and
shall end on December 31, 2021 unless the term of this Agreement is otherwise terminated or
extended as provided for in Section 8. The time provided to Consultant to complete the Services
required by this Agreement shall not affect City's right to terminate this Agreement, as provided
for in Section 8.
1.2 Standard of Performance. Consultant represents and warrants that Consultant is
experienced in performing the Services contemplated herein and, in light of such status and
experience, Consultant shall perform the Services required pursuant to this Agreement in the
manner and according to the standards observed by a competent practitioner of the profession in
which Consultant is engaged in the geographical area in which Consultant practices its profession
and to the sole satisfaction of the Contract Administrator.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to
perform the Services pursuant to Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons, Consultant
shall, immediately upon receiving notice from City of such desire of City,reassign such person or
persons.
1.4 Time. Consultant shall devote such time to the performance of the Services
pursuant to this Agreement as may be reasonably necessary to satisfy Consultant's obligations
hereunder.
1.5 Authorization to Perform Services. Consultant is not authorized to perform any of
the Services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
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SECTION 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed FOUR HUNDRED NINETY
ONE THOUSAND FOUR HUNDRED FORTY DOLLARS AND ZERO
CENTS ($491,440.00) not withstanding any contrary indications that may be contained in
Consultant's proposal,for the Services to be performed and reimbursable costs incurred under this
Agreement. In the event of a conflict between this Agreement and Exhibit A,regarding the amount
of compensation,this Agreement shall prevail. City shall pay Consultant for the Services rendered
pursuant to this Agreement at the time and in the manner set forth herein. The payments specified
below shall be the only payments from City to Consultant for the Services rendered pursuant to
this Agreement. Consultant shall submit all invoices to City in the manner specified herein.
Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate
services performed by more than one person.
2.1 Invoices. Consultant shall submit invoices monthly during the term of this
Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to
the invoice date. Invoices shall contain the following information:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first
invoice, etc.;
b. The beginning and ending dates of the billing period;
C. A "Task Summary" containing the original contract amount, the amount of
prior billings,the total due this period,the balance available under this Agreement,and the
percentage of completion;
d. At City's option, for each item in each task, a copy of the applicable time
entries or time sheets shall be submitted showing the name of the person performing the
Services, the hours spent by each person, a brief description of the Services, and each
reimbursable expense;
e. The total number of hours of work performed under this Agreement by
Consultant and each employee, agent, and subcontractor of Consultant performing the
Services hereunder necessary to complete the Services described in Exhibit A;
f. Receipts for expenses to be reimbursed;
g. The Consultant Representative's signature.
Invoices shall be submitted to:
City of Menifee
Attn: Accounts Payable
29844 Haun Road
Menifee, CA 92586
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2.2 Monthly Payment. City shall make monthly payments,based on invoices received,
for the Services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have thirty(30)days from the receipt of an invoice that complies with all of the requirements
above to pay Consultant.
2.3 Final Payment. City shall pay the last ten percent(10%) of the total amount due
pursuant to this Agreement within sixty(60) days after completion of the Services and submittal
to City of a final invoice, if all of the Services required have been satisfactorily performed.
2.4 Total Payment. City shall not pay any additional sum for any expense or cost
whatsoever incurred by Consultant in rendering the Services pursuant to this Agreement. City
shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the
maximum amount of compensation provided above either for a task or for the entirety of the
Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior
to the submission of such an invoice.
2.5 Hourly Fees. Fees for the Services performed by Consultant on an hourly basis
shall not exceed the amounts shown on the fee schedule included with Exhibit A.
2.6 Reimbursable Expenses. Reimbursable expenses are included within the maximum
amount of this Agreement.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment
taxes incurred under this Agreement and any federal or state taxes.
2.8 Payment upon Termination. In the event that City or Consultant terminates this
Agreement pursuant to Section 8, City shall compensate Consultant for all outstanding costs and
reimbursable expenses incurred for Services satisfactorily completed and for reimbursable
expenses as of the date of written notice of termination. Consultant shall maintain adequate logs
and timesheets in order to verify costs and reimbursable expenses incurred to that date.
SECTION 3. FACILITIES AND EQUIPMENT.
Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all
facilities and equipment necessary to perform the services required by this Agreement. City shall
make available to Consultant only physical facilities such as desks, filing cabinets,and conference
space, as may be reasonably necessary for Consultant's use while consulting with City employees
and reviewing records and the information in possession of City. The location, quantity, and time
of furnishing those facilities shall be in the sole discretion of City. In no event shall City be
required to furnish any facility that may involve incurring any direct expense, including but not
limited to computer, long-distance telephone or other communication charges, vehicles, and
reproduction facilities.
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SECTION 4. INSURANCE REQUIREMENTS.
Before beginning any work under this Agreement, Consultant, at its own cost and expense,
shall procure the types and amounts of insurance checked below and provide Certificates of
Insurance, indicating that Consultant has obtained or currently maintains insurance that meets the
requirements of this section and which is satisfactory, in all respects, to City. Consultant shall
maintain the insurance policies required by this section throughout the term of this Agreement.
The cost of such insurance shall be included in Consultant's compensation. Consultant shall not
allow any subcontractor, consultant or other agent to commence work on any subcontract until
Consultant has obtained all insurance required herein for the subcontractor(s) and provided
evidence thereof to City. Verification of the required insurance shall be submitted and made part
of this Agreement prior to execution. Consultant acknowledges the insurance policy must cover
inter-insured suits between City and other Insureds.
4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain
Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all
persons employed directly or indirectly by Consultant pursuant to the provisions of the California
Labor Code. Statutory Workers' Compensation Insurance and Employer's Liability Insurance
shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per
accident,ONE MILLION DOLLARS ($1,000,000.00)disease per employee,and ONE MILLION
DOLLARS ($1,000,000.00) disease per policy. In the alternative, Consultant may rely on a self-
insurance program to meet those requirements, but only if the program of self-insurance complies
fully with the provisions of the California Labor Code. Determination of whether a self-insurance
program meets the standards of the California Labor Code shall be solely in the discretion of the
Contract Administrator. The insurer, if insurance is provided, or Consultant, if a program of self-
insurance is provided, shall waive all rights of subrogation against City and its officers, officials,
employees, and authorized volunteers for loss arising from the Services performed under this
Agreement.
4.2 Commercial General and Automobile Liability Insurance.
a. General requirements. Consultant, at its own cost and expense, shall
maintain commercial general and automobile liability insurance for the term of this Agreement in
an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined
single limit coverage,for risks associated with the Services contemplated by this Agreement,TWO
MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION
DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General
Liability Insurance or an Automobile Liability Insurance form or other form with a general
aggregate limit is used, either the general aggregate limit shall apply separately to the Services to
be performed under this Agreement or the general aggregate limit shall be at least twice the
required occurrence limit. Such coverage shall include but shall not be limited to, protection
against claims arising from bodily and personal injury, including death resulting therefrom, and
damage to property resulting from the Services contemplated under this Agreement, including the
use of hired, owned, and non-owned automobiles.
b. Minimum scope of coverage. Commercial general coverage shall be at least
as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001.
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Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability
form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage.
C. Additional requirements. Each of the following shall be included in the
insurance coverage or added as a certified endorsement to the policy:
a. The insurance shall cover on an occurrence or an accident basis, and
not on a claims-made basis.
b. Any failure of Consultant to comply with reporting provisions of the
policy shall not affect coverage provided to City and its officers,employees,agents,
and volunteers.
4.3 Professional Liability Insurance.
a. General requirements. Consultant, at its own cost and expense, shall
maintain for the period covered by this Agreement professional liability insurance for licensed
professionals performing the Services pursuant to this Agreement in an amount not less than ONE
MILLION DOLLARS ($1,000,000) covering the licensed professionals' errors and omissions.
Any deductible or self-insured retention shall be shown on the Certificate. If the deductible or
self-insured retention exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), it must be
approved by City.
b. Claims-made limitations. The following provisions shall apply if the
professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be no
later than the commencement of the Services.
b. Insurance must be maintained and evidence of insurance must be
provided for at least five (5) years after the expiration or termination of this
Agreement or completion of the Services, so long as commercially available at
reasonable rates.
C. If coverage is canceled or not renewed and it is not replaced with
another claims-made policy form with a retroactive date that precedes the Effective
Date of this Agreement, Consultant must provide extended reporting coverage for
a minimum of five (5) years after the expiration or termination of this Agreement
or the completion of the Services. Such continuation coverage may be provided by
one of the following: (1) renewal of the existing policy; (2) an extended reporting
period endorsement; or (3) replacement insurance with a retroactive date no later
than the commencement of the Services under this Agreement. City shall have the
right to exercise, at Consultant's sole cost and expense, any extended reporting
provisions of the policy, if Consultant cancels or does not renew the coverage.
d. A copy of the claim reporting requirements must be submitted to
City prior to the commencement of the Services under this Agreement.
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4.4 All Policies Requirements.
a. Acceptability of insurers. All insurance required by this Section is to be
placed with insurers with a Bests' rating of no less than A:VII and admitted in California.
b. Verification of coverage. Prior to beginning the Services under this
Agreement, Consultant shall furnish City with Certificates of Insurance, additional insured
endorsement or policy language granting additional insured status complete certified copies of all
policies, including complete certified copies of all endorsements. All copies of policies and
certified endorsements shall show the signature of a person authorized by that insurer to bind
coverage on its behalf. The Certificate of Insurance must include the following reference: 2021-
2029 HOUSING ELEMENT UPDATE. The name and address for Additional Insured
endorsements, Certificates of Insurance and Notice of Cancellation is: City of Menifee,
29844 Haun Road, Menifee, CA 92586. City must be endorsed as an additional insured for
liability arising out of ongoing and completed operations by or on behalf of Consultant.
C. Notice of Reduction in or Cancellation of Coverage. Consultant shall
provide written notice to City within ten (10) working days if: (1) any of the required insurance
policies is terminated;(2)the limits of any of the required polices are reduced;or(3) the deductible
or self-insured retention is increased.
d. Additional insured; primary insurance. City and its officers, employees,
agents, and authorized volunteers shall be covered as additional insureds with respect to each of
the following: liability arising out of the Services performed by or on behalf of Consultant,
including the insured's general supervision of Consultant; products and completed operations of
Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles
owned, leased, or used by Consultant in the course of providing the Services pursuant to this
Agreement. The coverage shall contain no special limitations on the scope of protection afforded
to City or its officers,employees,agents,or authorized volunteers. The insurance provided to City
as an additional insured must apply on a primary and non-contributory basis with respect to any
insurance or self-insurance program maintained by City. Additional insured status shall continue
for one (1) year after the expiration or termination of this Agreement or completion of the Services.
A certified endorsement must be attached to all policies stating that coverage is
primary insurance with respect to City and its officers, officials, employees, and volunteers, and
that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss
under the coverage.
e. Deductibles and Self-insured Retentions. Consultant shall obtain the
written approval of City for the self-insured retentions and deductibles before beginning any of the
Services.
During the term of this Agreement, only upon the prior express written
authorization of the Contract Administrator, Consultant may increase such deductibles or self-
insured retentions with respect to City, its officers, employees, agents, and volunteers. The
Contract Administrator may condition approval of an increase in deductible or self-insured
retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses
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and related investigations, claim administration, and defense expenses that is satisfactory in all
respects to each of them.
f. Subcontractors. Consultant shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated
herein.
g. Variation. The Contract Administrator may, but is not required to, approve
in writing a variation in the foregoing insurance requirements, upon a determination that the
coverage, scope, limits, and forms of such insurance are either not commercially available, or that
City's interests are otherwise fully protected.
4.5 Remedies. In addition to any other remedies at law or equity City may have if
Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent
and within the time herein required, City may, at its sole option, exercise any of the following
remedies,which are alternatives to other remedies City may have and are not the exclusive remedy
for Consultant's breach:
a. Obtain such insurance and deduct and retain the amount of the premiums
for such insurance from any sums due under this Agreement;
b. Order Consultant to stop work under this Agreement or withhold any
payment that becomes due to Consultant hereunder, or both stop work and withhold any
payment, until Consultant demonstrates compliance with the requirements hereof; and/or
C. Terminate this Agreement.
SECTION 5. INDEMNIFICATION.
5.1 Indemnification for Professional Liability. Where the law establishes a
professional standard of care for performance of the Services, to the fullest extent permitted by
law,Consultant shall indemnify,protect,defend(with counsel selected by City),and hold harmless
City and any and all of its officers, employees, officials, volunteers, and agents from and against
any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action
(whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards,
assessments, fines, or penalties of any kind (including reasonable consultant and expert fees and
expenses of investigation, costs of whatever kind and nature and, if Consultant fails to provide a
defense for City, the legal costs of counsel retained by City) and any judgment (collectively,
"Claims")to the extent same are caused in whole or in part by any negligent or wrongful act,error,
or omission of Consultant, its officers, agents, employees, or subcontractors (or any entity or
individual that Consultant shall bear the legal liability thereof) in the performance of professional
services under this Agreement.
5.2 Indemnification for Other than Professional Liability. Other than in the
performance of professional services and to the full extent permitted by law, Consultant shall
indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and
all of its officers,employees,officials,volunteers,and agents from and against any and all Claims,
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where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in
part, the performance of this Agreement by Consultant or by any individual or entity for which
Consultant is legally liable, including but not limited to officers, agents, employees or
subcontractors of Consultant.
5.3 Limitation of Indemnification. The provisions of this Section 5 do not apply to
claims occurring as a result of City's sole or active negligence. The provisions of this Section 5
shall not release City from liability arising from gross negligence or willful acts or omissions of
City or any and all of its officers, officials, employees, and agents acting in an official capacity.
SECTION 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement,Consultant
shall be an independent contractor and shall not be an employee of City. City shall have the right
to control Consultant only insofar as the results of the Services rendered pursuant to this
Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City
shall not have the right to control the means by which Consultant accomplishes the Services
rendered pursuant to this Agreement. The personnel performing the Services under this
Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and
control. Consultant shall not at any time or in any manner represent that it or any of its officers,
employees,or agents is in any manner officers,officials,employees,or agents of City. Consultant
shall not incur or have the power to incur any debt, obligation, or liability whatever against City,
or bind City in any manner. Except for the fees paid to Consultant as provided in this Agreement,
City shall not pay salaries,wages,or other compensation to Consultant for performing the Services
hereunder for City. City shall not be liable for compensation or indemnification to Consultant for
injury or sickness arising out of performing the Services hereunder. Notwithstanding any other
City, state,or federal policy,rule,regulation, law,or ordinance to the contrary,Consultant and any
of its employees, agents, and subcontractors providing services under this Agreement shall not
qualify for or become entitled to any compensation, benefit, or any incident of employment by
City, including but not limited to eligibility to enroll in the California Public Employees
Retirement System ("PERS") as an employee of City and entitlement to any contribution to be
paid by City for employer contributions and/or employee contributions for PERS benefits.
SECTION 7. LEGAL REQUIREMENTS.
7.1 Governiniz Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply
with all applicable local, state, and federal laws and regulations applicable to the performance of
the work hereunder. Consultant shall not hire or employ any person to perform work within City
or allow any person to perform the Services required under this Agreement unless such person is
properly documented and legally entitled to be employed within the United States. Any and all
work subject to prevailing wages,as determined by the Director of Industrial Relations of the State
of California, will be the minimum paid to all laborers, including Consultant's employee and
subcontractors. It is understood that it is the responsibility of Consultant to determine the correct
scale. The State Prevailing Wage Rates may be obtained from the California Department of
Industrial Relations ("DIR") pursuant to California Public Utilities Code, Sections 465, 466, and
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467 by calling 415-703-4774. Appropriate records demonstrating compliance with such
requirement shall be maintained in a safe and secure location at all times, and readily available at
City's request. Consultant shall indemnify, defend, and hold City and its elected and appointed
boards, members, officials, officers, agents, representatives, employees, and volunteers harmless
from and against any liability, loss, damage, cost or expenses (including but not limited to
reasonable attorneys' fees, expert witness fees, court costs, and costs incurred related to any
inquiries or proceedings) arising from or related to (i)the noncompliance by Consultant or any
party performing the Services of any applicable local, state, and/or federal law, including, without
limitation, any applicable federal and/or state labor laws (including, without limitation, the
requirement to pay state prevailing wages and hire apprentices); (ii)the implementation of Section
1781 of the Labor Code, as the same may be amended from time to time,or any other similar law;
and/or (iii) failure by Consultant or any party performing the Services to provide any required
disclosure or identification as required by Labor Code Section 1781,as the same may be amended
from time to time, or any other similar law. It is agreed by the Parties that, in connection with
performance of the Services, including, without limitation, any and all public works (as defined
by applicable law), Consultant shall bear all risks of payment or non-payment of prevailing wages
under California law and/or the implementation of Labor Code Section 1781, as the same may be
amended from time to time, and/or any other similar law. Consultant acknowledges and agrees
that it shall be independently responsible for reviewing the applicable laws and regulations and
effectuating compliance with such laws. Consultant shall require the same of all subcontractors.
7.3 Licenses and Permits. Consultant represents and warrants to City that Consultant
and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and
approvals of whatsoever nature that are legally required to practice their respective professions.
Consultant represents and warrants to City that Consultant and its employees, agents, and
subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of
this Agreement any licenses, permits, and approvals that are legally required to practice their
respective professions. In addition to the foregoing,Consultant and any subcontractors shall obtain
and maintain during the term of this Agreement valid Business Licenses from City.
SECTION 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon
written notification to Consultant.
8.2 Termination by Consultant. Consultant may cancel this Agreement upon 30 days'
written notice to City.
8.3 Consequences of Termination. In the event of termination, Consultant shall be
entitled to compensation for the Services performed up to the date of termination; City, however,
may condition payment of such compensation upon Consultant delivering to City any or all
documents, photographs, computer software, video and audio tapes, and other materials provided
to Consultant or prepared by or for Consultant or City in connection with this Agreement.
8.4 Extension. City may, in its sole and exclusive discretion, extend the end date of
this Agreement beyond that provided for in Subsection I.I. Any such extension shall require a
written amendment to this Agreement, as provided for herein. Consultant understands and agrees
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that, if City grants such an extension, City shall have no obligation to provide Consultant with
compensation beyond the maximum amount provided for in this Agreement. Similarly, unless
authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant
for any otherwise reimbursable expenses incurred during the extension period.
8.5 Amendments. The Parties may amend this Agreement only by a writing signed by
all the Parties.
8.6 Assignment and Subcontracting. City and Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a determination
of Consultant's unique personal competence, experience, and specialized personal knowledge.
Moreover, a substantial inducement to City for entering into this Agreement was and is the
professional reputation and competence of Consultant. Consultant may not assign this Agreement
or any interest therein without the prior written approval of the Contract Administrator. Consultant
shall not subcontract any portion of the performance contemplated and provided for herein, other
than to the subcontractors noted in Consultant's proposal, without prior written approval of the
Contract Administrator. In the event that key personnel leave Consultant's employ, Consultant
shall notify City immediately.
8.7 Survival. All obligations arising prior to the expiration or termination of this
Agreement and all provisions of this Agreement allocating liability between City and Consultant
shall survive the expiration or termination of this Agreement.
8.8 Options upon Breach by Consultant. If Consultant materially breaches any of the
terms of this Agreement, City's remedies shall include, but not be limited to, any or all of the
following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and
any other work product prepared by Consultant pursuant to this Agreement;
C. Retain a different consultant to complete the Services described in
Exhibit A; and/or
d. Charge Consultant the difference between the cost to complete the Services
described in Exhibit A that is unfinished at the time of breach and the amount that City
would have paid Consultant pursuant to Section 2 if Consultant had completed the
Services.
SECTION 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant's Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records,
files, or any other documents or materials, in electronic or any other form that Consultant prepares
or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the
property of City. Consultant hereby agrees to deliver those documents to City upon the expiration
or termination of this Agreement. It is understood and agreed that the documents and other
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materials, including but not limited to those described above,prepared pursuant to this Agreement
are prepared specifically for City and are not necessarily suitable for any future or other use. Any
use of such documents for other projects by City shall be without liability to Consultant. City and
Consultant agree that, until final approval by City,all data,plans, specifications, reports,and other
documents are confidential and will not be released to third parties without prior written consent
of both Parties unless required by law.
9.2 Licensing of Intellectual Property. This Agreement creates a non-exclusive and
perpetual license for City to copy,use,modify,reuse,or sublicense any and all copyrights,designs,
rights of reproduction, and other intellectual property embodied in plans, specifications, studies,
drawings, estimates, test data, survey results, models, renderings, and other documents or works
of authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings,digital renderings, or data stored digitally,magnetically,or in any other medium, which
are prepared or caused to be prepared by Consultant under this Agreement ("Documents and
Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-
exclusive and perpetual license for any Documents and Data the subcontractor prepares under this
Agreement. Consultant represents and warrants that Consultant has the legal right to license any
and all Documents and Data. Consultant makes no such representation and warranty in regard to
Documents and Data which were prepared by design professionals other than Consultant or
provided to Consultant by the City. City shall not be limited in any way in its use of the Documents
and Data at any time, provided that any such use not within the purposes intended by this
Agreement shall be at City's sole risk.
9.3 Consultant's Books and Records. Consultant shall maintain any and all ledgers,
books of account,invoices,vouchers, canceled checks,and other records or documents evidencing
or relating to charges for the Services or expenditures and disbursements charged to City under
this Agreement for a minimum of three (3) years, or for any longer period required by law, from
the date of final payment to Consultant under this Agreement. All such records shall be maintained
in accordance with generally accepted accounting principles and shall be clearly identified and
readily accessible.
9.4 Inspection and Audit of Records. Any records or documents that Section 9.3 of
this Agreement requires Consultant to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of City.
Under California Government Code Section 8546.7, if the amount of public funds expended under
this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be
subject to the examination and audit of the State Auditor, at the request of City or as part of any
audit of City, for a period of three (3)years after final payment under this Agreement.
SECTION 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys' Fees. If either Party to this Agreement brings any action, including an
action for declaratory relief,to enforce or interpret the provision of this Agreement,the prevailing
Party shall be entitled to reasonable attorneys' fees and expenses including costs, in addition to
any other relief to which that Party may be entitled; provided, however, that the attorneys' fees
awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services
multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the
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litigation. The court may set such fees in the same action or in a separate action brought for that
purpose.
10.2 Applicable Law; Venue. The internal laws of the State of California shall govern
the interpretation and enforcement of this Agreement. In the event that either Party brings any
action against the other under this Agreement, the Parties agree that trial of such action shall be
vested exclusively in Riverside County.
10.3 Severability. If any provision of this Agreement is held invalid, the remainder of
this Agreement shall not be affected thereby and all other parts of this Agreement shall
nevertheless be in full force and effect.
10.4 Section Headings and Subheadings. The section headings and subheadings
contained in this Agreement are included for convenience only and shall not limit or otherwise
affect the terms of this Agreement.
10.5 No Implied Waiver of Breach. The waiver of any breach of a specific provision of
this Agreement does not constitute a waiver of any other breach of that term or any other term of
this Agreement.
10.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit
of and shall apply to and bind the successors and assigns of the Parties.
10.7 Consultant Representative. All matters under this Agreement shall be handled for
Consultant by Dave Barquist, Project Manager("Consultant's Representative"). The Consultant's
Representative shall have full authority to represent and act on behalf of Consultant for all purposes
under this Agreement. The Consultant's Representative shall supervise and direct the Services,
using his best skill and attention, and shall be responsible for all means, methods, techniques,
sequences, and procedures and for the satisfactory coordination of all portions of the Services
under this Agreement.
10.8 City Contract Administration. This Agreement shall be administered by a City
employee, Doug Darnell, Senior Planner("Contract Administrator"). All correspondence shall be
directed to or through the Contract Administrator or his designee. The Contract Administrator
shall have the power to act on behalf of City for all purposes under this Agreement. Unless
otherwise provided in this Agreement, Consultant shall not accept direction or orders from any
person other than the Contract Administrator or his designee.
10.9 Notices. Any written notice to Consultant shall be sent to:
Kimley-Horn and Associates, Inc.
Attn: Dave Barquist, Project Manager
3880 Lemon Street, Suite 420
Riverside, CA 92501
Any written notice to City shall be sent to the Contract Administrator at:
City of Menifee
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29844 Haun Road
Menifee, CA 92586
Attn: Doug Darnell, Senior Planner
with a copy to:
City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586
10.10 Professional Seal. Where applicable in the determination of the Contract
Administrator,the first page of a technical report,first page of design specifications,and each page
of construction drawings shall be stamped/sealed and signed by the licensed professional
responsible for the report/design preparation. The stamp/seal shall be in a block entitled"Seal and
Signature of Registered Professional with report/design responsibility," as in the following
example.
Seal and Signature of Registered Professional with
report/design responsibility.
10.11 Rights and Remedies. Except with respect to rights and remedies expressly
declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative
and the exercise by either Party of one or more of such rights or remedies shall not preclude the
exercise by it, at the same or different times, of any other rights or remedies for the same default
or any other default by the other Party.
10.12 Inte rag tion. This Agreement, including the scope of services attached hereto and
incorporated herein as Exhibit A,represents the entire and integrated agreement between City and
Consultant and supersedes all prior negotiations, representations, or agreements, either written or
oral. The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either Party by reason of the authorship of
this Agreement or any other rule of construction which might otherwise apply.
10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of
which shall be an original and all of which together shall constitute one agreement.
10.14 Execution of Contract. The persons executing this Agreement on behalf of each of
the Parties hereto represent and warrant that(i) such Party is duly organized and existing, (ii) they
are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so
executing this Agreement, such Party is formally bound to the provisions of this Agreement, and
(iv)that entering into this Agreement does not violate any provision of any other Agreement to
which said Party is bound.
10.15 Nondiscrimination. Consultant covenants that,by and for itself,its heirs,executors,
assigns,and all persons claiming under or through them,that in the performance of this Agreement
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there shall be no discrimination against or segregation of, any person or group of persons on
account of any impermissible classification including, but not limited to, race, color, creed,
religion, sex, marital status, sexual orientation, national origin, or ancestry.
10.16 No Third Party Beneficiaries. With the exception of the specific provisions set
forth in this Agreement, there are no intended third-party beneficiaries under this Agreement and
no such other third parties shall have any rights or obligations hereunder.
10.17 Nonliability of City Officers and Employees. No officer,official,employee,agent,
representative, or volunteer of City shall be personally liable to Consultant, or any successor in
interest, in the event of any default or breach by City or for any amount which may become due to
Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
10.18 No Undue Influence. Consultant declares and warrants that no undue influence or
pressure is used against or in concert with any officer or employee of City in connection with the
award,terms or implementation of this Agreement,including any method of coercion,confidential
financial arrangement, or financial inducement. No officer or employee of City shall receive
compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of
Consultant,in connection with the award of this Agreement or any work to be conducted as a result
of this Agreement.
10.19 No Benefit to Arise to City Employees. No member, officer, or employee of City,
or their designees or agents, and no public official who exercises authority over or has
responsibilities with respect to this Agreement during his/her tenure or for one (1)year thereafter,
shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds
thereof, for the Services to be performed under this Agreement.
[Signatures on Following Page]
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DocuSign Envelope ID:81529067-030B-47C6-842E-896000BA6D2F
IN WITNESS WHEREOF, the Parties hereto have executed and entered into this
Agreement as of the Effective Date.
CITY OF MENIFEE CONSULTANT
C DocuSigned by:
..II __ � �
Fv ,QII. I s bu6V Vtu- Pmst'"
Armando G. it a, CityManager c"''n"
g Darren Adrian, Senior Vice President
Attest:
C wtt . M g, ity Clerk
Appro d s to Form:
[Corporation must have two signatures]
Je ey elching, Cit�1�tt ey
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j'.
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EXHIBIT A
SCOPE OF SERVICES
Consultant shall provide the following services in the amount not to exceed FOUR HUNDRED
NINETY ONE THOUSAND FOUR HUNDRED FORTY DOLLARS AND ZERO
CENTS ($491,440.00).
2671/031858-0001
7630376.2a02/04/20 EXHIBIT A
2021 - 2029 Housing Element Update
RFP No.2020-12
Scope of Work
Kimley-Horn has reviewed the CitVs RFP and understands the City's deadline for certification of the Housing
Elements is August 31,2021.Kimley-Horn further understands that SCAG has proposed the following key dates
as part of the RHNA allocation process:
Research and Analysis—March-July 2020 Public Review Draft—June 2021
Admin Draft Elements—March 2021 Final HE/CEQA—August 2021
Final Certified Element—October 2021
Kimley-Horn understands that much of the analysis for the Housing Element is based on data that is not yet
available or will be more currently available in the future.We have formulated our timeline to accommodate the
timing of the release of data,such as demographic information,and the statutory deadlines proposed by HCD and
SCAG.
For budgeting purposes,we have made a number of general assumptions to the Scope and Fee based upon the
above considerations and would request that prior to the execution of any contract,the Scope and Fee be
reviewed for such considerations.Phasing the contract or other methods to ensure the scope and fee is efficiently
allocated is recommended by Kimley-Horn.
Task 1: Project Kick-Off and Project Schedule
Kimley-Horn will participate in a kick-off meeting with City staff to discuss the update process,answer questions.
provide data,and exchange other important procedural aspects of the Housing Element Update.The meeting will
address the following:
Nature Technical Assistance in RHNA Data Sharing/Exchanging
process Review of HCD Letter
• Review/Modify Scope of Work and Schedule Discuss Public Hearings
• Define Outreach Methodologies
Task 1.1:Evaluation of Compliance with Past Programs
Kimley-Horn will conduct an initial assessment of compliance with housing programs to gauge the level of
progress in meeting statutory obligations based on recent housing element law.Kimley-Horn will evaluate
progress in the use of sites,policies,and programs that are permitted as allowed by statute so that there is a
clear understanding of the current progress and limitations.This will include evaluation of sites used in the 4th
and 5th Cycles and rezone requirements.
Task 2: Project Team Coordination (Revised)
Task 2.1:Project Management and Coordination Meeting,
Kimley-Horn will meet regularly with the project team to coordinate project deliverables,data,and public
meetings. It is assumed monthly meetings will occur in the initial phase of the proiect and face-to-face meetings
when circumstances warrant.It is anticipated that meetings may increase to bi-weekly meetings during the last 6-
8 months of the proiect during the drafting of the Housing Element and public hearina orocess.The team will set
up a standing team call with staff to include the Kimley Horn Principal and Senior Planner for a 30 min call on a bi-
weeklV basis during the final 6-8 months of the Project Schedule. Kimley Horn has budgeted 50 hours of time for
this task.
Task 3: Housing Element Components
Task 3.1:Document Review
Following the kick-off meeting,Kimley-Horn will provide City staff with a listing of pertinent data that is necessary
to complete the work program.Kimley-Horn will only request data that is proprietary to the City and not available
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2021 - 2029 Housing Element Update
;FP No.2020-12
publicly.Kimley-Horn will review all applicable City. Regional,and State documents pertaining to the Housing
Element update.This may include various policy and regulatory documents and other assistance programs.
Kimley-Horn will be responsible for identifying and resolving any information gaps.Kimley-Horn anticipates a
"turnkey approach"for data collection to the greatest extent feasible and will only request information that is
proprietary to the City to minimize the work effort by City staff.
_j Task 3.1 Deliverables:
Document Library List
Task 3.2:Evaluate the Current Housing Element(Revised)
As required by state law,Kimley-Horn will review and evaluate the 2014-2021 Housing Element and its programs.
In general,the task will include a review of the appropriateness of the housing goals,objectives,and policies in
contributing to the attainment of the stated housing goal:the effectiveness of the Housing Element in attaining
community housing goals and objectives,and the City's progress in implementing the Housing Element.The
report will include the following information:
Evaluate the status,effectiveness,and appropriateness of the current housing policy programs and identify
any barriers to implementation,
Compare identified goals from the adopted Housing Element to actual accomplishments during the plan
period;and
Evaluate the existing Housing Element in relation to current State housing laws and identify any omissions
or deficiencies.
_J Task 3.2 Deliverables:
• Review of Past Performance Matrix
• Review of the City of Menifee Zoning Code, Development Fees,Subdivision Ordinance and other
associated documents necessary to inform task 3.3.
Task 3.3: Housing Needs, Constraints,Resources, Population,and Housing Profile
As required by state law,Kimley-Horn will assess housing needs,constraints,and resources available.A
population and housing profile will be conducted that summarizes,population and household characteristics,
analysis of special needs populations,and units at risk of converting to market rate units.Housing constraints will
identify non-governmental,governmental,and environmental constraints that may have an effect on housing.
Housing resources such as availability of vacant land,zoning to accommodate RHNA growth needs,and
capacities of available sites will be analyzed.Funding and financing resources available to address housing
needs will be identified.Opportunities for energy conservation will also be explored.Based on the new housing
law,the adequate sites analysis will be much more in-depth and detailed compared to prior planning periods.It is
Kimley-Horn's experience that the new law will necessitate a more detailed study of adequate sites to satisfy new
statutory requirements and HCD review standards.
Task 3.3 Deliverables:
Housing Profile Report GIS Based Inventory of Sites
Adequate Sites Analysis Data Tables Maps and
Relevant Text
Task 3.4 Develop Housing Plan
As required by state law,Kimley-Horn will develop a Housing Plan that constitutes the policy component of the
Housing Element.The Housing Plan may include modified policies from the 2014-2021 Housing Element that are
still appropriate and will be supplemented by new policies and programs that address new Housing Element Law.
The Housing Plan will identify policies and programs to address Conservation and Improvement,Availability and
Production,Affordability.Removal of Constraints,and Equal Housing Opportunity. Policies and programs will be
supplemented by Quantified Objectives by income category.
_J Task 3.4 Deliverables:
. Housing Policy Plan List of Quantified Objectives
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2021 - 2029 Housing Element Update
Task 4: Community Engagement
Task 4.1 Community Outreach Plan(Revised)
Kimley-Horn is suggesting an approach to public participation that provides for meaningful input and involvement.
Engaging,interactive,and collaborative community and stakeholder workshops will have productive results forthe City
of Menifee.Kimley-Hom will conduct community engagement workshop to solicit public comments on the Housing
Element Update prior to initiating work on Housing Element components.Kimley-Hom will prepare and deliver utilizing
a variety of"tools"such as PowerPoint presentations,informational handouts.visual aids.social media platforms.and
other materials to help participants understand the update process,issues to resolve(as identified during the current
Housing Element Evaluation),and potential solutions.In collaboration with City staff,Kimley-Hom will identify key
stakeholders.Prior to formulating the Community Outreach Plan,a coordination meeting will discuss approaches,key
challenges,and various methods for effectively engaging City residents and decision makers in the planning process.
Based upon this internal discussion,Kimley-Hom will formulate a Community Outreach Program that addresses the
outreach strategies,dates,locations,participants,and other relevant data.City staff will be responsible for the
scheduling of venues,staff coordination,and provide public noticing,facilities,set-up,and general meeting facilitation
for all community engagement activities.Due to the current Covid 19 situation Kimley Horn will adjust the Community
Outreach Plan accordingly as needed to engage the community though virtual workshops.additional surveys,and
modifications to the community outreach plan as needed.The Kimley Horn team will participate with staff to identifythe
best approach to meeting the needs of the community for effectively engaging through the virtual meeting tools
available or other opportunities including modifying the workshops identified in the proposal and fee schedule.
j Task4.1 Deliverables:
• Draft Community Outreach Plan in electronic format(Word and PDF)
• Draft a list of survey questions for City staff review and approval.
Task 4.2 Community Survey Tool(Optional)
Kimley-Horn will provide an optional web-based outreach tool utilizing MetroQuest.The survey tool includes
analytics to evaluate input.This will provide an opportunity for continuous 2417 engagement with the Menifee
residents and stakeholders.
Task 4.2 Deliverables:
. Set up,launch,and analysis of outreach survey tool
Task 4.3 Community Workshop#1—Introduction and Policy Considerations(Revised)
Kimley-Horn will facilitate an initial community workshop with the public and stakeholders to discuss the Housing
Element update process.Kimley-Horn will prepare and deliver a PowerPoint presentation,informational handouts,
visual aids,and other materials as appropriate for the workshop.
In collaboration with City staff,Kimley-Hom will identify key stakeholders.The meeting will introduce participants
to the RHNA process,Housing Element requirements,and legislative requirements and engage in the
identification of policy considerations. Participants will identify challenges, issues,and opportunities forthe
Housing Element.This workshop can be held as a virtual workshop through a platform that the City prefers.
Kimley Horn consultant team members include members identified in the estimated fee table provided in this
proposal and time includes preparation of materials as identified in the Task 4.3 Deliverables task below.
_j Task 4.3 Deliverables:
• Electronic copies(in PDF format)of draft presentation,handouts,etc.,approximately two weeks prior to
workshop. Kimley-Hom will revise materials as directed by City staff.
• Summary Memorandum of Findings
Task 4.4 Community Workshop#2(Revised)
Kimley-Horn will facilitate a community workshop or a series of pop-up events for community engagement during
the drafting of the Housing Element as an opportunity to provide information about the Housing Element process,
and to allow opportunities to gather feedback from the public during community events orwith the public and
stakeholders.This can be done during the housing needs survey circulation period or during the circulation of the
City of Menifee I LPPL89003 2020 19 Kimley o Horn
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2021 - 2029 Housing Element update
,rC
c �yo►.';, ` �,'�•� ��.� / RFP No.2020-12
Environmental Document as a way to gather input on the document.The final format of this workshop can be
adjusted based on the City staffs determination at the time of the scheduling of the workshop or as the Public
Outreach plan is finalized.This workshop can be done as a virtual workshop or a series of small popups with City
Staff.
Task 4.4 Deliverables:
Electronic copies(in PDF format)of draft presentation,handouts.etc.approximately two weeks prior to
workshop. Kimley-Hom will revise materials as directed by City staff.
Summary Memorandum of Findings
Task 4.5 Community Workshop#3(Revised)
Kimley-Horn will facilitate a community workshop with the public and stakeholders to discuss the Public Review
Draft Housing Element.Workshop#3 will build upon the information learned from Workshop#1 and Workshop#2
and on-line surveys and provide draft analysis,policies,and programs for review and discussion.Kimley-Horn will
prepare and deliver a PowerPoint presentation,informational handouts.visual aids,and other materials as
appropriate forthe workshop. In collaboration with City staff.Kimley-Hom will identify key stakeholders.
-A Task 4.5 Deliverables:
• Electronic copies(in PDF format)of draft presentation,handouts,etc.,at least two weeks prior to
workshop.Kimley-Hom will revise materials as directed by City staff.
Summary Memorandum of Findings
Task 4.6 Presentations to City Council and Planning Commission
Kimley-Horn will attend and facilitate up to two(2)study sessionshneetings with the City Council and/or Planning
Commission to occur at various times throughout the planning process.These meetings include:
Meeting#1—Review of Needs.Opportunities.Constraints and Sites:Once all the primary baseline analysis is
completed for the Housing Element,including initial community engagement,a session will be held to discuss the
findings and policy implications.Available sites considerations will be discussed and the implications of site
availability and the policy remedies will be explored.
Meeting#2—Review of HCD Submittal Draft Housing Element: Prior to the submittal to HCD,a draft document
will be presented to decision-makers.This comprehensive draft will then be forwarded to HCD for statutory
compliance review.
.j Task 4.6 Deliverables:
• Electronic copies(in Word and PDF format)of draft presentation,handouts,etc.,at least two weeks prior
to study sessionsimeetings. Kimley-Hom will revise materials as directed by City staff.
• Draft language for Staff Reports
Task 5: Draft Housing Element
Kimley-Hom will prepare a Screencheck Draft,Public Review Draft,and Final Housing Element.
Task 5.1 Screencheck Draft
Kimley-Hom will prepare and submit a Screencheck Draft Housing Element to the City for internal review.The
Screencheck Draft will be a complete draft and include all required components of a Housing Element as described
in prior tasks,and will include all tables,maps,and graphics.Upon internal review of the Screencheck document,
Kimley-Hom will prepare and finalize a revised document ready for public review.
Task 5.1 Deliverables:
• One electronic copy(in native file format and PDF format)of the Screencheck Draft Housing Element for
City review and comment and one(1)reproducible copy
One electronic copy of the 2nd Screencheck Draft Housing Element subsequent to staff review
City of Menifee ILPPL89003 2020 20 Kimley Morn
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FN.
2021 - 2029 Housing Element Update
/. Nc,.2020-12
Task 5.2 Public Review Draft
Kimley-Horn will prepare a Public Review Draft Housing Element based on City staffs comments on the
Screencheck Draft.City staff will provide Kimley-Horn with comments on the Screencheck Draft within 14
calendar days for preparation of the Public Review Draft.Kimley-Horn will resolve any issues and make
requested revisions to the Screencheck Draft to the satisfaction of the City.
.j Task 5.2 Deliverables:
• One electronic copy(in native file format and 1 camera ready hard copy
PDF format)
Task 5.3 HCD Submittaf
Following all initial community outreach workshops and meetings.Kimley-Hom will prepare summary notes or minutes
of the community workshop,and a summary of all other comments received during the public review period.
Considering input received at the community workshop and any other input received during the public comment period,
Kimley-Hom,in consultation with City staff,will revise the Public Review Draft Housing Element.
Once the Draft Housing Element is finalized.it will be submitted for an initial 60-day review to the Department of
Housing and Community Development(HCD)after required meetings and approvals from the Planning
Commission and City Council.Kimley-Horn will prepare a transmittal letterto HCD detailing howthe Housing
Element meets State law requirements.The Draft Housing Element will be accompanied by a completed
Completeness Review Checklist.
Task 5.3 Deliverables:
One electronic copy(in native file format and PDF format)of the transmittal letter and checklist to HCD
Task 5.4 Responses to Comments
Kimley-Hom will assist City staff with preparing responses to any public or agency comments(including HCD)on
the Public Review Draft Housing Element.Based on our recent experience.the City should be prepared to
receive a much more rigorous process if the City was not successful in implementing many current programs in
the past and existing adopted Housing Element.
Task 6: Final Draft Housing Element/HCD Certification
Following review by HCD, Kimley-Hom will revise the appropriate sections of the HCD Submittal Draft Housing
Element.This Final Draft Housing Element will be presented at public hearings before City Council.
J Task 6 Deliverables:
One electronic copy(in native file format and PDF format)of the Final Draft Housing Element
• 1 camera-ready copy of the Final Draft Housing Element
Task 7: Land Use Element Amendments (Revised)
Kimley-Horn will evaluate the General Plan Land Use Element of the Menifee General Plans existing land use
and development pattern and future growth prospects in response to the RHNA and in compliance with State law-
The analysis will outline existing land uses,General Plan land use designations,and zoning:describe past and
anticipated future growth trends:document recent and proposed development projects,review existing planning
documents:and assess the potential for developing and/or preserving vacant or underutilized areas.We will
evaluate existing land uses of undeveloped and underutilized parcels to ensure adequate land for housing.
Additionally,we will evaluate land uses to ensure adequate land for commercial.industrial,and public facility uses
within the current City limit.sphere of influence,and boundaries relative to the General Plan in anticipation of
conflicts with SB 330 and SB 166.Kimley-Horn will prepare the necessary text,table,and map amendments.
Additionally, Kimley-Horn will review the Municipal Code Development Standards to determine if the changes to
the General Plan will impact the Zoning map and Development standards and suggest changes to make the
Development Code and Zoning map consistent with the General Plan.
Task 7 Deliverables:
City or Meniree I LPPLa9003 X20 21 Kimley »Horn
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i t �'4.
2021 - 2029 Housing Element Update
RFP No.2020-12
One electronic copy(in native file format and PDF format)of the Draft Code Amendment language(text,
table and maps)
1 Final electronic copy of Code Amendment Language
Task 8: Public Hearings
Kimley-Horn will attend up to two(2)public hearings before the Planning Commission and two(2)public hearings
before the City Council to adopt the Housing Element.It is assumed the City will transmit the final document to
HCD,as required by law subsequent to final action by the Menifee City Council.
Task 8 Deliverables:
• One electronic copy(in native file format and PDF format)of the Final Housing Element and CEQA
Documents
PowerPoint Presentation
• Meeting Attendance by up to two(2)Kimley-Hom staff
Task 9: Housing Element Update Contingency
Due to the multitude of new requirements for the 6th Cycle Housing Element Update and the potential for
significant efforts with site selection,adherence to statutory requirements,and other factors,an overall project
contingency is recommended.Any work items conducted that are not expressly included in this scope of work will
utilize the contingency only with prior approval from City of Menifee staff.
Task 10: Environmental Review
If Kimley-Horn is only preparing the Housing Element Update.an Addendum EIR may be required and prepared
for the Housing Element Project if the proposed changes involve minor technical changes or additions from Mat
is considered in the Certified GP FEIR.State CEQA Guidelines Section 15164 provides general guidance
regarding Addendums,however,it defers to Section 15162 to determine whether circumstances warrant
preparation of a Subsequent EIR.In other words,if the project fails to meet Section 15162 criteria,an Addendum
may be appropriate.This finding must consider factors such as changes in the scope of the proposed project
relative to the approved project,changes in surrounding circumstances that have occurred since the Final EIR
was certified,and the discovery of new information that was not known at the time the previous EIR was
prepared-The Addendum test is the ability to provide substantial evidence showing that the proposed project
would not create new significant adverse impacts or increase the severity of a significant adverse impact identified
in the previous EIR.
For the environmental analysis,it is important to demonstrate that adequate consideration has been given to all
the environmental topics previously analyzed as part of the General Plan Final EIR and sufficient documentation
is provided to support the determination that the Addendum is the appropriate CEQA documentation.
Kimley-Horn will prepare an Addendum EIR for the Housing Element concurrently with the Housing Element
update process.To the extent possible,we will draw conclusions from prior environmental documentation
conducted for the General Plan and Housing Element update completed within the last few years and any
Specific Plans or other planning documents that address housing.If any Land Use changes are not analyzed in
the General Plan Update EIR technical studies,revisions may be necessary to the Traffic,Air Quality,and GHG
Technical studies to address these impacts so that they can be analyzed in the Housing Element Addendum EIR.
Kimley-Horn proposes to use the CEQA Environmental Checklist as the basis for the analysis.For each topic on
the checklist,a brief summary of the findings from the Final EIR will be provided. Kimley-Horn anticipates that the
results of the conclusions from the prior environmental documentation and technical studies described above will
conclude that the proposed project's impacts are consistent with the previous General Plan Final EIR.
The State CEQA Guidelines do not specify the content or format for an Addendum.Kimley-Horn recommends the
Addendum consist of the following:(1)Purpose of the Addendum:(2)Project Background;(3)Project Description,
which would provide a project setting discussion,(4)Environmental Analysis:and(5)Conclusions.A Mitigation
Monitoring and Reporting Plan(MMRP)will be provided as an Appendix to the Addendum.The MMRP will
identify those measures from the General Plan Final EIR that would be applicable to the proposed project as well
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as any modifications to measures and standard conditions of approval that are applicable based on regulatory
and City requirements.This task assumes up to two(2)rounds of comments from the City.Once comments have
been addressed,Kimley-Horn will prepare a final Addendum EIR for the City's records.Per CEQA Guidelines
Section15164(c),an Addendum EIR does not need to be circulated for public review. If desired by the City,
Kimley-Horn will make a presentation of CEQA findings to the City at one(1)public meeting.
Task 10 Deliverables:
One electronic copy(in native file format and PDF format)of the Final CEQA Documents
One camera-ready hard copy of the Final CEQA document
Should it be determined that the proposed project could result in conditions described in Section 15162 of the
CEQA Guidelines calling for the preparation of a subsequent EIR or Negative Declaration,then the following
scope of work provided for a Subsequent or Supplemental EIR would be appropriate to make the previous EIR
adequate to address the project and the changed situation.
It is anticipated that with the amendments to the Land Use Element,a Program EIR will be required to evaluate
the Land Use amendments proposed.If the City of Menifee elects to move forward with the Optional Tasks,the
additional technical studies may be necessary to evaluate the impacts of the changes in those elements.The EIR
scope of work anticipates evaluating the Housing Element and basic Land Use amendments.The budget includes
additional line items to address the Optional Tasks and technical studies.
EIR Scope of Work
Kimley-Hom's approach to CEQA compliance is to prepare an EIR with sound,technical data and analysis of
potential effects that effectively support the conclusions yet are concise and clear such that they are understandable
for the decision-makers and public.Working as a collaborative team,our project team will also work closelywith our
internal technical/engineering partners and the City to identify environmental issues earlyto develop project design
features to avoid or reduce potential impacts,increase efficiency,and improve technical quality and accuracy.
Task 10.1 Project Initiation
Kick-Off Meeting
Kimley-Horn will participate in a kick-off meeting with the City to discuss the project in greater detail.This initial
meeting is a key milestone.The objective is to confirm the project approach;scope of the EIR and technical
studies,and expectations for communication protocol and the administrative record.We recognize that the scope
of work may be modified based on the availability of technical documentation provided by the City.The meeting
discussion will include any known project,agency,and community issues that require consideration throughout
the process.Following this meeting,we will provide a sample EIR section.the proposed EIR significance
thresholds,the project schedule,and Kimley-Horn Team contact information.
Data Review and Site Reconnaissance
Kimley-Horn will conduct a citywide site reconnaissance and review of readily available City planning and policy
documentation.Kimley-Horn will assess whether available information is adequate and complete.The City will be
notified if additional information is needed.
Task 10.1 Deliverables(All deliverables will be transmitted electronically unless otherwise noted in the Scope
of Services.)
• Project Data Needs List • Project Schedule based on Notice to Proceed
• Contact Information • Revised Scope of Work,if necessary
Task 10.2 Notice of Preparation. Scoping Meetings,Native American Tribal Consultation
Notice of Preparation
If the City determines that an EIR is required for the proposed project,the preparation of an Initial Study is not
required.Accordingly. Kimley-Hom's scope of work assumes that an expanded Notice of Preparation(NOP)will be
prepared to provide a project description;any known alternatives to be evaluated,and expected discretionary
actions and permits required for project implementation.The NOP will identify environmental issues to be addressed
in detail in the EIR and will provide sufficient information to allow for applicable environmental topics and checklist
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questions to be"focused out'with supporting data(e.g..Agriculture and Forestry Resources,Mineral Resources).
Upon receipt of City comments,Kimley-Horn will revise the NOP and resubmit it in tracked changes for City review.
The NOP will also identify the date and location of the Scoping Meeting.
Kimley-Horn will review the NOP distribution list for the City. Kimley-Horn will distribute the NOP packet to
Responsible Agencies and interested parties,including State Clearinghouse and the County Clerk as required by
CEQA(up to 40 hard copies of the NOP are assumed to be sent via overnight for record of delivery).We will
provide an electronic copy of the NOP for City use in posting on the CitVs website.Th s,,.epe assum as that the
Public Scoping Meetings
Kimley-Horn will work with City staff in arranging and conducting a public scoping meeting for the public and
responsible agencies.Kimley-Horn assumes that City staff will provide and arrange for meeting locations.Kimley-
Horn will prepare a public scoping meeting notice,assumed to be included with the NOP.Kimley-Horn will attend
the public scoping meeting,prepare a PowerPoint presentation about the topics that will be addressed in the EIR.
provide Scoping Meeting handouts(sign-in sheet,comment card,copies of the NOP),and will prepare a
summary of issues identified at the scoping meeting.
Comments received in response to the NOP and at the Scoping Meetings will be evaluated during the
Administrative Draft EIR preparation.Followng the close of the public comment period,Kimley-Horn will compile
and summarize the comments,and submit the summary to the City in the form of a Scoping Memo to ensure that
the points raised during scoping are documented.At the conclusion of the public comment period, Kimley-Hom
vvill work with City staff to determine if project modifications or adjustments can be made early in the process to
address regulatory or community issues,and/or promote features desired by the community.Any necessary
scope changes in response to community and agency,feedback vvill be made at this time.
Senate Bill 18 and Assembly Bill 52 Tribal Cultural Resources
SB 18 and AB 52 establish a formal consultation process for California tribes as a part of CEQA and equates
significant impacts on tribal cultural resources with significant environmental impacts.Kimtey-Horn will perform SB
18 and AB 52 assistance,as directed by the City.
_J Task 10.2 Deliverables:
• Notice of Preparation • Scoping Memo
• Notice of Completion form to the State • AB 52 and SB 18 Native American Tribal
Clearinghouse Correspondence and Notification
• Scoping Meeting • AB 52 and SB18 Consultation
Reliance Upon Existing Technical Studies and EIR Data
For the purposes of this proposal,Kimley-Horn assumes that the existing technical studies and other EIR data can be relied upon,and our
scope of work will be limited to the synthesis,analysis,and summarization of this existing data.We will review available technical studies
and project approval documents(such as the General Plan EIR,Appendices,GPA:s,etc.).We will provide a Data Adequacy Review
Memo identifying questions and/or recommended modifications to exsting studies,for consistency,and compliance with CEQA,Should
the City desire,Kimley-Hom will supplement or prepare technical studies,which can be provided under a separate scope and fee,
Additionally,there are new CEQA requirements,as set forth by Senate Bill 743(SB 743),that change how traffic impacts are evaluated for
CEQA purposes.The new rules supersede the LOS criteria for measuring traffic impacts,replacing them with vehicles miles travelled
(VMT)metrics.The updated CEQA Guidelines,which require the use of VMT,went into effect on January 1,2019 and require public
agencies to adopt significant standards and implement VMT guidelines by July 1,2020 If requested to prepare the TIA in accordance with
the new CEQA requirements,Kimley-Hom will prepare an additional scope of work under a separate proposal for this task.
Task 10.3 Environmental Impact Report
The EIR will be prepared in accordance with the requirements in the CEQA(Public Resources Code 21000 et seq.),the 2019 State CEQA
Guidelines(California Code of Regulations,§150000 et seq),and the City of Menifee procedures for the implementation of CEQA We
anticipate that the EIR will be structured as follows
» Section 1.0 Executive Summary » Section 2 0.Introduction
Cay•fM•nrh•ILPPL890032020 24 Kimley ))Horn
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• Section 3.0 Project Description • Section 6.0 Project Alternafives
» Section 4.0:Environmental Analysis:topical sections » Section 7 0 Preparers and Contributors
» Section 5 0:Long-Term Implications of the Project » Section 8.0.References
Each potentially significant environmental issue area will be addressed in a separate EIR section that will be organized,as follows
• Introduction » Mtigation Program Project Design Features,Standard
» Regulatory Setting Conditions and Requirements,and Mitigation Measures
• Environmental Setting » Cumulative Impacts
» Impact Thresholds and Significance Criteria » Level of Significance After Mitigation
» Impact Analysis
Executive Summary
Kimley-Hom will provide an Executive Summary for the Draft EIR including a summary of the project,an overview of project impacts,
mitigation,levels of significance after mitigation,summary of project alternatives,areas of controversy,and issues to be resolved-This
'stand-alone'narrative summary with exhibits provides the reader with a comprehensive overview and guidance to the overall EIR
evaluation.
Introduction and Purpose
The Introduction will cite the State CEQA Guidelines provisions,and the City CEQA Implementation procedures to which the proposed
project is subject.This section will identify the purpose of the study and statutory authority as well document scoping procedures,summary
of the EIR format,listing of responsible and trustee agencies,and documentation incorporated by reference
Project Description
The Protect Description will be expanded beyond the NOR description to include more detailed information regarding the background and
history,goals and objectives,and approvals Kimley-Hom will prepare exhibits to depict the regional vicinity and key project components to
support the environmental analyses.
Environmental Analysis
The EIR Environmental Analysis sections will discuss the existing conditions for each environmental issue area,define the criteria by which
significance determinations will be made,identify and evaluate short-term and long-term environmental impacts on a project-specific and
cumulative basis,and provide levels of significance before and after the application of the Mitigation Program(i e.,Project Design
Features,Standard Conditions,and Mitigation Measures) The cumulative study area will be based on the environmental issue area.
Thresholds will be based on the State CEQA Guidelines Appendix G,as well as City-adopted thresholds(as the Lead Agency)and
relevant thresholds from Responsible and/or Trustee Agencies.Each resource section of the EIR will consist of a summary of applicable
regulations and relevant general plan policies that could avoid or reduce significant environmental impacts
Alternatives to the Proposed Project
The EIR will include a reasonable range of alternatives qualitatively comparing the environmental impacts of each alternative to the
proposed project.This Scope assumes the assessment of up to three(3)alternatives to the proposed project intended to avoid or reduce,
where possible,the project's impacts.Nmley-Horn will work with City staff to identify an appropriate range of alternatives One of the
alternatives will be the CEQA-mandated'No Projecr Alternative Kimley-Hom will evaluate up to two(2)additional alternatives.An
additional alternative may be identified during the NOR period,Scoping Meetings,or as part of the technical evaluation.The evaluation for
each alternative will include a summary statement identifying the feasibility of implementing the alternative and the alternative's ability to
meet project objectives Alternatives considered but eliminated from further consideration will also be documented.The Alternatives
section will identify the environmentally superior alternative in accordance with CEQA requirements
Revised Administrative Draft EIR
This scope of work assumes that the Administrative Draft EIR will be submitted to the City.We will respond to one set of reconciled
comments the City.The revised Administrative Draft EIR will be provided to the City in tracked changes and will be prepared in
conformance with the Scope of Work.Kimley-Horn will respond to one(1)reconciled set of City comments on the revised Administrative
Draft EIR Our Scope assumes three(3)rounds of review
Proof Check Draft EIR and Public Review
Kimley-Hom will incorporate comments Gom the Administrative Draft EIR review cycles to prepare a'proof check'copy of the Draft EIR,
which will be provided to the City for final approval prior to reproduction and distribution.
elly of Menthe ILPPL89003.2020 25 Kimley-))Horn
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We will also prepare the Notice of Completion(NOC)and Notice of Availability(NOA) We will be responsible for reproduction and
distribution of the Draft EIR,the NOC to the State Clearinghouse,and the NOA consistent with the NOP distribution list.This effort also
includes preparation of the document in PDF format on flash drives and posting on the Cit's website.K coley-Horn will file the NOC with
the County Clerk,and the City will be responsible for any newspaper notices.
y Task 10.3 Deliverables
• Administrative Draft EIR(one reviewcycle) • Draft EIR Reproduction and Distribution
• Revised Administrative Draft EIR in track/change(two • Web-ready version of Draft EIR with technical
review cycles) appendices
• Proof Check Draft EIR • Notice of Availability and Notice of Completion
Task 10.4 Final E!R
Responses to Comments
Wmley-Hom will prepare responses to comments received during the Draft EIR public review period Comment letters will be bracketed
into discrete comments for response Where multiple comments are received on the same issues,topical responses will be prepared.This
scope assumes the preparation of a separate Responses to Comments document,which will include an introduction describing the public
review process,a list ofcommenters,and copies of all written comments and minutes from public hearings where comments were
received,written responses to environmental comments,and an Errata if needed
Upon receipt of one reconciled set of Citycomments,Kimley-Horn will revise,as necessary,the draft responses,coordinate with the
technical team members regarding the revisions,and provide a revised document in track/change for City review We will transmit
responses to public agencies that provided comments on the Draft EIR
It is noted that the extent of public/agency comments that will result from the public review process is presently unknown Kimley-Horn has
budgeted 100 hours of technical staff time plus administrative staff time for the preparation of the Responses to Comments document,If it
appears that additional effort will be necessary because of the number and/or complexity of the comments,we will notify the City that a
contract augment is required
Mitigation Monitoring and Reporting Program
Kimley-Hom will prepare an MMRP consistent with the City�s format to identify appropriate monitoring steps/procedures to provide a basis
for monitoring such measures during and upon project implementation The MMRP will include Project Design Features,Standard
Conditions,and Mitigation Measures needed to mitigate significant project impacts,the Monitoring Milestone(indicating points at which
each agency/department is responsible for verifying implementation of the measure),Method of Verification(such as documentation or
field checks),and a verification section for the initials of the verifying individual,date of verification,and pertinent remarks Kirriey-Horn will
prepare a Draft MMRP that will be submitted to the City for review We will respond to one(1)reconciled set of City comments If the
Planning Commission or City Council modifies the project and/or recommended conditions of approval/mitigation measures for the
proposed project,Kimley-Horn will revise the MMRP.However,substantial modifications are not assumed.
Findings of Fact and Statement of Overriding Considerations
Kimley-Horn will prepare the Findings of Fact in accordance with State CEQA Guidelines Section 15091 and Section 15093 and in a
format specified by the City Kimley-Horn will submit the Draft Findings for City review and respond to one(1)reconciled set of City
comments A Statement of Overriding Considerations will be drafted,as needed,and submitted to the City for use in the project review
process
Notice of Determination
Kimley-Horn will prepare the Notice of Determination(NOD) Upon Final EIR certification and protect approval,we will file the NOD with the
County Clerk and the State Clearinghouse.This scope excludes expenses associated with California Department of Fish and Wildlife
(CDFW)fees
y Task 10A Deliverables
• Responses to Comments(one reviewcycle)
• Revised Responses to Comments in track/change(one reviewcycle)
• Mtigation Monitoring and Reporting Program(one reviewcycle)
• Findings(one rewewcycle)
• Notice of Determination
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Task 10.5 Project Management and Meetings
Project Management
Ki rnley-Horn will provide management and supervision of the EIR Project Team and consultation with City staff and Client.Kimley-Hom will establish
communication protocols with City staff to mantain an orderly flowof communication and coordination Kimley-Horn will undertake project consultation
and coordination,and EIR rewewfor compliance with CEQA requrements and guidelines,and City CEQA procedures Project coordination will include
telephone communications,in-person meetings,and email correspondence between the City,Applicant,and Kimley-Horn Team.
Meetings and Hearings
This task assumes attendance at the following meetings and public hearings
• Kick-Off Meeting . Project Conference Calls as-needed
• Scoping Meeting . Two Public Hearings
Hours for the Kick-Off Meeting and Scoping Meetings are assumed in their respective task budgets For budgeting purposes,meeting and
hearing attendance is identified under the billing rate
Task 11: Safety Element(Optional task)
Pursuant to newly adopted statutes,the General Plan Safety Element will be updated to address flood hazards,
risk of fire for land classified as state responsibility areas,and land classified as very high fire hazard severity
zones,and climate adaption and resiliency to comply with Govt Code Sections 65302(g)(2)through(5).The
review shall also address fire hazards,generally,to describe goals,policies,and objectives.
To meet the requirements of SB 379 and to better understand the potential impacts and vulnerabilities to climate
change,Kimley-Horn will conduct a vulnerability assessment and identify future adaptation responses. Key
climate change impacts relevant to the City include extreme heat,drought,water availability,and limited wildfire
exposure.
Prior to the adoption of any amendments to the Safety Element,the Element will be sent for review and comment
by a variety of local and state agencies,including the State Board of Forestry and Fire Protection,Department of
Conservation,and local agencies that provide fire protection to territories in the City.Depending on the agency,
this will require review up to 90 days prior to any adoption by the City Council.
Kimley-Horn will prepare the amendments to the General Plan Safety Element and Attend present and participate
in the up to one(1)Planning Commission Meeting and one(1)City Council Meeting to adopt the General Plan
Amendments.
J Task 41 Deliverables:
One electronic copy(in native file format and . PowerPoint Presentation
PDF format)of the Final Draft Safety Element . Draft Language for Staff reports
. 1 camera-ready copy of the Final Draft Safety . Meeting Attendance by up to two(2)Kimley-
Element Horn staff
. GIS Based Maps,Tables.and Text
Task 12: SB 1000 Compliance (Optional Task)
In addition to the Safety Element,if requested,pursuant to the 2016 adopted statutes,the General Plan will be updated
in compliance with SB 1000 to address the environmental justice requirement.Kimley-Horn will evaluate the best
method to incorporate the SB 1000 requirements in terms of creating a new element in the General Plan or,if
appropriate,to add these new policies,goals,and objectives in the other elements of the General Plan
Based on CalEnviroScreen 3.0,the City of Menifee does not include an SB 535 disadvantaged communities.
Kimley-Horn will work with City staff to determine the location and extent of locally disadvantaged communities to
be targeted for outreach,including workshops and pop-up events with multilingual materials,as appropriate,for
the anticipated populations.We will work with an involved stakeholder group made up of representatives from
Riverside County Department of Health,educational institutions,and community leaders to help solicit
participation from hard to reach disadvantaged populations.
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Objectives and policies will be developed directing resources to disadvantaged communities that will improve health,
recreation,and economic mobility opportunities through cleaner air,better access to transportation infrastructure,
access to education and employment,home maintenance.and nutrition.The plan will also include policies that prevent
development and new infrastructure from placing disproportionate burdens in disadvantaged areas relative to the long-
term benefits that they will receive.The plan will also include measures that support ongoing two-way engagement
between the City and disadvantaged residents to ensure that their voices are heard and that their needs are part of the
decision-making process.
Environmental Justice Stakeholder Intennews
Kimley-Horn will conduct up to four(4)stakeholder interviews dedicated to identifying potential environmental
justice issues and opportunities in disadvantaged communities.These discussions will seek meaningful
engagement with underserved populations in disadvantaged communities,new immigrants,and communities who
do not speak English as their primary language.We recommend conducting the focus groups/stakeholder
interviews with local community groups.
Environmental Justice Strategies
Under SB 1000,a City is required to incorporate environmental justice goals and policies into its general plan if
the jurisdiction has a disadvantaged community. Kimley-Horn will collaborate to prepare an environmental justice
working paper outlining technical information and policy recommendations that will enable the City to prepare and
adopt an Environmental Justice Element.
The working paper will define the extent of disadvantaged community areas in Menifee using both the legal
framework established by SB 1000 and the results of stakeholder engagement described above.Using
CalEnviroScreen,available City data,and other sources,we wll examine key environmental and economic
indicators including air quality,water quality,hazardous waste and toxic release from facilities,traffic density,
cleanup sites,health indicators related to environmental factors,and socioeconomic vulnerability factors.
Based on the Air Quality section of the EIR,along with projected changes in land use,population,housing,and
other socioeconomic indicators,Kimley-Horn will conduct a screening-level assessment to determine areas that
may be subjected to increased levels of risk associated with toxic air contaminants(TACs)and fine particulate
matter(PM-s)exposure in the future due to changes in land use,population growth in existing developed areas of
the city,changes in roadway volumes,or other factors.The assessment will also examine the presence of
existing disadvantaged communities and the degree to which they are already affected or may be affected in the
future.
Based on relevant indicators,the team will present key policy approaches addressing each environmental justice
topic required by SB 1000.These policies will encourage more equitable development and design and can
improve community resilience.
Environmental Justice Element
Using CalEnviroScreen,available City data,and other sources,Kimley-Horn will examine key environmental and
economic indicators including air quality,water quality,hazardous waste and toxic release from facilities,traffic
density,cleanup sites.health indicators related to environmental factors,and socioeconomic vulnerability factors.
This will include conducting an analysis of exposure of existing and future sensitive receptors to air pollution,
including TACs and fPM-s,and determining the degree of exposure burden in disadvantaged communities.Based
on these and other relevant indicators,we will present key policy approaches addressing each environmental
justice topic required by SB 1000.These policies will encourage more equitable development and design and can
improve community resilience.They will also address how environmental justice considerations should be
considered in the context of the City's future development strategies to maintain adequate community service
levels and reduce pollution burden in disadvantaged communities as Menifee continues to grow.
Kimley-Horn understands that the task includes the following:
Develop a community outreach strategy in conformance with the requirements of SB1000 to obtain input
from disadvantage communities on the goals,objectives and policies.
Coordinate with the partners of the Riverside County Department of Health and other health related
entities.
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Create policies that reduce health risks,promote civil engagement in public decision making,prioritize
programs of the disadvantage communities.
Attend,present.and participate in the up to one(1)Planning Commission Meeting and one(1)City
Council Meeting to adopt the General Plan Amendments.
If the Optional Task is authorized,then an Air Quality Studywill be required for analysis in the CEQA
document.
Task 12 Deliverables:
One electronic copy(in native file format and . PowerPoint Presentation
PDF format)of the Final Draft Safety Element . Draft Language for Staff reports
• 1 camera-ready copy of the Final Draft Safety . Meeting Attendance by up to two(2)Kimley-
Element Horn-staff
• GIS Based Maps,Tables,and Text
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Pr:i�c�l:t S:I (•l�u!r
CITY OF MENIFEE MOUSING ELEMENT UPDATE-ESTIMATED SCHEDULE
TPBK ONE PROJECT KICKOFF•ND fCKOUIF
118K TWO PROJECT tFwNCOCRprMIgR
yK THREE HouFINc wren coMP[%rJrF
TY
Howwc���n
KK Y%FIINL CRAB NOUFING a
18K.FVeJ I.ID UBF FLrBRB
T%K EIGHT PUQUC
i118K NNE HOUBINO9rBR CONT tICY
—RC"PLIAWA
CMet11-0."ppts"lm:Io Klmley>)Horn
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2021 -2029 Housing Ek--nt Upol It<,
--Vt- �
EIR Schedule
MENIFEE EIR-SCHEDULE
NieF d/MM
Elea Rarew _.
run a
P)c Sc m
Cly
cf Lau M NCW Se
lef-
■eUa. D M
ns UeR EIR
bet EIR
NCN POOICIan _
Camrssan Aft Sume FdW
Gf Cpnca Svmuvs OEF
FnIM
P -El TO Camera
Ram Camwaan M PC Recamrwa —
CI COaa:I~ CM EIR
t•
a.ae ref Id..wl
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17— CITY OF[VENIFEE HOUSING ELE[VENT UPDATE-ESTIMOTED FEES
TASK NI F FROA:CT KICKOFF AMO SCMEWLE
11Ks:k p( J 4 1_ $2240
1 2 Eva M-of Cam kawtA Past Pr , 6 15 3 0DSab— $$270
TASK TWO:PROJECT TEAM ODOROMATION
2 1 Pm ed TeamCood—M, i0 10 10 50ASK7HREE:HOUSMGE MT ONEMTS
3 1 Document Revknv 2 6 10 22 $3,190
3 2 Evabate G—V IOus, EkmeM 6 25 15 52 $7 BW
33H— ona
Med Ctrairrts Reno—andPmDle 4 15 60 129 $16600
3 d Cleve Hbusi Plan 6 20 42 $6890
SaNarW f 7e
TASK FOUR-COM NITY EMGAGEeB1T
Q]Common Ou1rexAPlan 2 12 16 $2"0
Q.Common Su Twl nnaf 2 6 30 5 43 $5990
Q l Cnmmun WwN e1 6 6 30 2 44 $6460
4 4 Common WOrks 42 6 6 12 $2 640
Q 5 Common Warksko 03 6 6 12 $2 640
46PieseMatkns taG Canrif and Plrnln Commissionl 6 6 12 2640
Saeta.f +e
TASK MITE:DRAFT MOUSMG ELEEEMT
5!s,--A A Drft 1 6 10 30 45 10 Io1 $13.700
5 2 Pubic R—D•a0 6 6 301 25 15 62 $11 190
5 3 HCD S Rt ubmal&.4 6 2110 10 5 47 $7,34D
5 4 R.—to Canmente 6 16 20 121 51 59 118,58C,
saerora/ - ++e
ASK SIM FOAL DRAFT KOUSMG ELEME MT
F)naf DrY,i Muvn Element ol iol 51 37 690
SNDfof�l $6,810
TASK SEWM:LIDO USE ELEMENT
ane Us+E.�emr•nt1 351 251 Ml 130
saerMal $21,100
TASK EIGHT:PUBLIC HEAIMGS
ry 1?ynn�n - v_aiourtcJ Heann•s -an.1_ 12
6aefMal 19.800
TASK NNE:H f leums
9.f COMA enc 'i0% $I'll!i
SUDtarel 1 7TB
ASK TEN:EWMANTAENTAL COMPLIANCE
101 E.nvaonmeMal Cam Laxe/Adaen lum Whit sk sW—Task 10Q 45 90 20 232 f36175
111 EmionmeMall xt R EIR stalks Ta f0.d' 1557 1191,220
woof
10.37nb,i C-0-t— 8 6 20 $3410
1
0 4 Aa GHG HRA nai Task l $26 9W
TASK ELEIIEAE SAffT1 fLEA6YT
1 f.15 Element 10 16 10 96 815260
7 f.l Lamate Acba,a - $43550
SVDt 1 $64,810
TASK TWELVE sa 1N1
11 1 EreiaonmeMal Justre EkmeM I _ MI 40 8 10 112 81 d O10
12 2 SbkeAoN,Meet',0) 1 24 481 $9 7 Y]
12 3 EJ SOaf 161 3' $4 560
5YD[otal $33 eM
nra awf 0o I
$
TWA FEE(I Ar AM[a nW Tasks 1222 $209555
IOIK fEE/fablsfRn Tals ar Ao4bhw -2 $3911
I'MAL f E E Y!s ERN lab 10. 11 rat 2637 $491440
"Task 10.2 Environmental Impact Report is further defined in the Menifee Housing Element EIR-Budget provided
belowwith tasks as identified in the EIR Scope of Work in Task 10 of this proposal.The EIR scope of work
anticipates evaluating the Housing Element and basic Land Use amendments.The Housing Element budget
includes additional line items to address the Optional Tasks and technical studies.
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c � * •. _ '= ;FP Na 2020-12
Menifee Housing Element EIR-Budget
pd.ripat Associate Assistant Graphiw
Project Senior Planner Planner, Admin.
nalVsI Ana"t Sup on Total Hours TotalCmit
Hour Rate 4275 PlannerS165 •f130 f120 T111I
10.0 PROJECT INITIATION
10A Pro ct Kcknff 8 8 16 $3 2 40
10.12 Field Stud 2 6 _ 18 52
10.13 Lite ratue/Records Research 2 10 25 62 S8450
1' d
e M on d
SubtotalT k10.12 24
10.3 ENVIRONMEN TAL IMPACT REPORT
10.3Tnbal Consdtabon 6 8 6 20 $3410
10.3.1 Pre arationofAdmnnistrative Draft EIR 40 80 160 260 50 590 $81700
10.32 Pre arab on of Draft ER 30 24 80 100 32 266 38130
104 Preparation of Final EIR C1 00 hu us assured for Responses to Commerts 20 10 20 60 20 120 17
Subtotal Task 103.4 $141190
10.5 PROJECT MANAGEMENT,IEETINGS,AND HEARINGS
105.1 Projectivianagement 36 36 $9 qw
10.52 Pro ctMeebn s 19 10 M $4
10.63 Prow ct Heari 4
Subtra Task'105 $22JM
TOTAL HOURS 1 226 216 3681 621 126 1557
PROFESSIONAL LABOR COSTS 181630
Optional Task GHG HRAI 28
Contin e %
DELIVERABLE sREIftIBURSABLEi estimate-see belo S10p110
52235M
NOTE.Internal proled-related expenses are invoiced as a percentage of labor,at 4 6%,which covers local mileage(less than 100 miles
round trip),to lecommuncatiore,vlhouse docu a rife production,postage,supplies,and prole ctrelated comp uter time.Other Direct Costs
will be invoiced at cost plus 10%,to include outside document reproduction,large inhouse dommem produce on(n escess of 250 pages),
plots,long-distance mileage(invoiced at RS rate s),mernlgWmuner service,and other outside vendor charges.Task 104 and Task 10.5 1
are budget estimates-IGdegHom wil advise the City pnor to a ieeeding 80%of the budget KimleyHorn reserves the right to reallocate
hours and budget among staff and lasksto more effectively respond to deliverable requirements
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