2012/05/22 City Council Resolution 2012-52RESOLUTION NO. 2012 -52
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
TO AWARD A CONTRACT TO DCE/PLANNING CENTER FOR PREPARATION OF
THE NORTHWEST SPECIFIC PLAN AND THE ENVIRONMENTAL IMPACT
REPORT
WHEREAS; the City desires professional planning services, in connection with the
Northwest Specific Plan; and
WHEREAS; City staff issued a Request for Proposals (RFP) for professional planning
services to prepare a specific plan and environmental impact report for the Northwest Specific
Plan Area; and
WHEREAS; City staff received 5 proposals in response to the RFP;
WHEREAS; City staff has identified the most qualified firm for the City's needs, in
terms of qualifications, demonstrated experience, certifications, references, among other factors,
to be Design, Community and Environment/ The Planning Center ( "Consultant ").
WHEREAS; retaining a firm will provide quality and speed by combining efforts to
prepare a specific plan and conduct the environmental review concurrently;
WHEREAS; City now desires to engage the Consultant to provide professional planning
services:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby authorize and approve an agreement by and between Design,
Community and Environment/ The Planning Center, a California Corporation, and the City of
Rohnert Park, a municipal corporation, for planning consulting services for the Northwest
Specific Plan Area.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and
directed to execute this agreement for and on behalf of the City of Rohnert Park in substantially
similar form to the agreement attached hereto as Exhibit "A ", subject to minor modifications by
the City Manager or City Attorney.
DULY AND REGULARLY ADOPTED this 22nd day of May, 2012.
a�uuoanvJ
CITY OF ROHNERT PARK
��bd agaNKO� Mayor
ATTEST:
Interim Deputy City Clerk
AHANOTU: AYE BELFORTE: AYE CALLINAN: A'Y'E STAFFORD: AYE MACKENZIE: AYE
AYES: ( 5 ) NOES: ( 0 ) ABSENT: ( 0 ) ABSTAIN: ( 0 )
Exhibit 'A` to Resolution 2012 -52
City of Rohnert Park
130 Avram Ave.
Rohnert Park, CA 94928
CONSULTANT SERVICES AGREEMENT
THIS AGREEMENT is entered into as of the _day of 2012, by and between the CITY
OF ROHNERT PARK ( "City "), a California municipal corporation, and The Planning Center,
Inc, a California Corporation / Design Community and Environment Inc., a California
Corporation ( "Consultant "),
Recitals
WHEREAS, City desires to obtain The Planning Center, Inc, a California Corporation /
Design Community and Environment Inc., a California Corporation for services in connection
with planning and environmental services for the Northwest Specific Plan; and
WHEREAS, Consultant hereby warrants to the City that Consultant is skilled and able to
provide such services described in Section 3 of this Agreement; and
WHEREAS, City desires to retain Consultant pursuant to this Agreement to provide the
services described in Section 3 of this Agreement.
Agreement
NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree
as follows:
1. Incorporation of Recitals. The recitals set forth above, and all defined terms set
forth in such recitals and in the introductory paragraph preceding the recitals, are hereby
incorporated into this Agreement as if set forth herein in full.
2. Project Coordination.
A. City. The City Manager or his/her designee, shall represent City for all
purposes under this Agreement. The Planning and Building Manager is hereby designated as the
Project Manager. The Project Manager shall supervise the progress and execution. of this
Agreement.
B. Consultant. The Consultant shall assign Bruce Brubaker, Assocaite
Principal to have overall responsibility for the progress and execution of this Agreement for
Consultant.
3. Scope and Performance of Services
A. Sco e of Services. Subject to such policy direction and approvals as the
City through its staff may determine from time to time, Consultant shall perform the services set
out in the "Scope of Work" attached hereto as Exhibit A and incorporated herein by reference.
Revised: 10/27/10
B. Time of Performance. The services of Consultant are to commence upon
receipt of a written notice to proceed from City, but in no event prior to receiving a fully
executed agreement from City and obtaining and delivering the required insurance coverage, and
satisfactory evidence thereof, to City. The services of Consultant are to be completed no later
than rune of 2013. Consultant shall perform its services in accordance with the schedule
attached hereto as Exhibit A, and incorporated herein by reference. Any changes to these dates in
either this Section 3 or Exhibit A must be approved in writing by the Project Manager.
C. Standard of Quality. City relies upon the professional ability of
Consultant as a material inducement to entering into this Agreement. All work performed by
Consultant under this Agreement shall be in accordance with all applicable legal requirements
and shall meet the standard of quality ordinarily to be expected of competent professionals in
ConsuItant's field of expertise.
4. Compensation and Method of Payment.
A. Compensation. The compensation to be paid to Consultant, including both
payment for professional services and reimbursable expenses, shall be at the rate and schedules
attached hereto as Exhibit B, and incorporated herein by reference. However, in no event shall
the amount City pays Consultant exceed Four hundred forty three thousand, three hundred-fifty
Dollars _($443, 350). Payment by City under this Agreement shall not be deemed a waiver of
unsatisfactory work, even if such defects were known to the City at the time of payment.
Timing of Pa rinent.
Consultant shall submit itemized monthly statements including progress reports and
for work performed. City shall make payment, in full, within thirty (30) days after approval of
the invoice by the Project Manager.
B. Changes in Compensation. Consultant will not undertake any work that
will incur costs in excess of the amount set forth in Paragraph 4(A) without prior written
amendment to this Agreement.
C. Taxes. Consultant shall pay all taxes, assessments and premiums under
the federal Social Security Act, any applicable unemployment insurance contributions, Workers
Compensation insurance premiums, sales taxes, use taxes, personal property taxes, or other taxes
or assessments now or hereafter in effect and payable by reason of or in connection with the
services to be performed by Consultant.
D. No Overtime or Premium Pay. Consultant shall receive no premium or
enhanced pay for work normally understood as overtime, i.e., hours that exceed forty (40) hours
per work week, or work performed during non - standard business hours, such as in the evenings
or on weekends. Consultant shall not receive a premium or enhanced pay for work performed on
a recognized holiday. Consultant shall not receive paid time off for days not.worked, whether it
be in the form of sick leave, administrative leave, or for any other form of absence.
E. Litigation Support. Consultant agrees to testify at City's request if
litigation is brought against City in connection with Consultant's work product. Unless the
1208604v 1 80078/0012 Revised: 10 /27/10
action is brought by Consultant or is based upon Consultant's negligence, City will compensate
ID
Consultant for the preparation and the testimony at Consultant's standard hourly rates, if
requested by City and not part of the litigation brought by City against Consultant.
5. Amendment to Scope of Work. City shall have the right to amend the Scope of
Work within the Agreement by written notification to the Consultant. In such event, the
compensation and time of performance shall be subject to renegotiation upon written demand of
either parry to the Agreement. Consultant shall not commence any work exceeding the Scope of
Work without prior written authorization from the City. Failure of the Consultant to secure
City's written authorization for extra or changed work shall constitute a waiver of any and all
right to adjustment in the contract price or time due, whether by way of compensation,
restitution, quantum meruit, etc. for work done without the appropriate City authorization.
6. Term. This Agreement shall commence upon its execution by both parties and
shall continue in full force and effect until completed, amended pursuant to Section 21, or
otherwise terminated as provided herein.
7. Inspection. Consultant shall furnish City with every reasonable opportunity for
City to ascertain that the services of Consultant are being performed in accordance with the
requirements and intentions of this Agreement. All Work done and all materials furnished, if any,
shall be subject to the Project Manager's inspection and approval_ The inspection of such work
shall not relieve Consultant of any of its obligations to fu.ulfill the Agreement as prescribed.
8. Ownership of Documents. Title to all plans, specifications, maps, estimates,
reports, manuscripts, drawings, descriptions and other final work products compiled by the
Consultant under the Agreement shall be vested in City, none of which shall be used in any
manner whatsoever, by any person, firm, corporation, or agency without the expressed written
consent of the City. Basic survey notes and sketches, charts, computations, and other data
prepared or obtained under the Agreement shall be made available, upon request, to City without
restriction or limitations on their use. Consultant may retain copies of the above- described
information but agrees not to disclose or discuss any information gathered, discussed or
generated in any way through this Agreement without the written permission of City during the
term of this Agreement, unless required by law.
9. Employment of Other Consultants, Specialists or Exerts. Consultant will not
employ or otherwise incur an obligation to pay other consultants, specialists or experts for
services in connection with this Agreement without the prior written approval of the City.
10. Conflict of Interest.
A. Consultant covenants and represents that neither it, nor any officer or
principal of its firm, has, or shall acquire any investment, income, business entity, interest in real
property, or other interest, directly or indirectly, which would conflict in any manner with the
interests of City, hinder Consultant's performance of services under this Agreement, or be
affected in any manner or degree by performance of Consultant's services hereunder. Consultant
further covenants that in the performance of the Agreement, no person having any such interest
shall be employed by it as an officer, employee, agent, or subcontractor without the express
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written consent of the City. Consultant agrees to at all times avoid conflicts of interest, or the
appearance of any conflicts of interest, with the interests of the City in the performance of the
Agreement.
B. Consultant is not a designated employee within the meaning of the
Political Reform Act because Consultant:
(1) will conduct research and arrive at conclusions with respect to its
rendition of information, advice, recommendation, or counsel independent of the control and
direction of the City or of any City official, other than normal contract monitoring; and
(2) possesses no authority with respect to any City decision beyond the
rendition of information, advice, recommendation, or counsel. (2 Cal. Code Regs.
§ 18700(a)(2).)
11. Liability of Members and Employees of City. No member of the City and no
other officer, elected official, employee or agent of the City shall be personally liable to
Consultant or otherwise in the event of any default or breach of the City, or for any amount
which may become due to Consultant or any successor in interest, or for any obligations directly
or indirectly incurred under the terms of this Agreement.
12. Indemnity. To the fullest extent permitted by law, Consultant hereby agrees to
defend (by counsel reasonably satisfactory to the City), indemnify, and hold harmless the City, its
officers, elected officials, employees, agents, and volunteers from and against any and all claims,
demands, damages, costs, liabilities, or obligations brought on account of or arising out of any
acts; errors, or omissions of Consultant, its officers, employees, agents, and subcontractors
undertaken pursuant to this Agreement excepting liabilities due to the sole negligence or willful
misconduct of City. The City has no liability or responsibility for any accident, loss, or damage
to any work performed under this Agreement whether prior to its completion and acceptance or
otherwise. Consultant's duty to indemnify and hold harmless, as set forth herein, shall include
the duty to defend as set forth in California Civil Code § 2778. This indemnification obligation
is not limited it any way by any limitation on the amount or type of damages or compensation
payable by or for Consultant under Worker's Compensation, disability or other employee benefit
acts or the terms, applicability or limitations of any insurance held or provided by Consultant and
shall continue to bind the parties after termination/completion of this agreement. This
indemnification shall be regardless of and not in any way Iimited by the insurance requirements of this
contract. This indemnification is for the full period of time allowed by law and shall survive the
termination of this agreement.
13. Consultant Not an Agent of City. Consultant, its officers, employees and agents
shall not have any power to bind or commit the City to any decision.
14. Independent Contractor. It is expressly agreed that Consultant, in the performance
of the work and services agreed to be performed by Consultant, shall act as and be an
independent contractor and not an agent or employee of City; and as an independent contractor,
Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City's
employees, and Consultant hereby expressly waives any claim it may have to any such rights.
In
1208604x1 80078/0012 Revised: 10/27/10
15. Compliance with Laws.
A. General. Consultant shall use the standard of care in its profession to
comply with all applicable federal, state, and local laws, codes, ordinances, and regulations.
Consultant represents and warrants to City that it has and shall, at its sole cost and expense, keep
in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance
and approvals which are legally required for Consultant to practice its profession. Except as
otherwise allowed by City in its sole discretion, Consultant and all subconsultants shall have
acquired, at their expense, a business license from City in accordance with Chapter 5.04 of the
Rohnert Park Municipal, Code prior to City's issuance of an authorization to proceed with the
Services. Such license(s) must be kept valid throughout the term of this Agreement. The City is
not responsible or liable for Consultant's failure to comply with any or all of the requirements
contained in this paragraph.
B. Workers' Compensation. Consultant certifies that it is aware of the
provisions of the California Labor Code which require every employee to be insured against
liability for workers' compensation or to undertake self - insurance in accordance with the
provisions of that Code, and Consultant certifies that it will comply with such provisions before
commencing performance of the Agreement and at all times in the performance of the
Agreement.
C. Prevailing Wage. Consultant and Consultant's subconsultants (if any)
shall, to the extent required 'by the California Labor Code, pay not less than the latest prevailing
wage rates to workers and professionals as determined by the Director of Industrial Relations of
the State of California pursuant to California Labor Code, Part 7, Chapter 1, Article 2. Copies of
the applicable wage determination are on file at the City's office of the City Clerk.
D. Iniury and Illness Prevention Program. Consultant certifies that it is aware
of and has complied with the provisions of California Labor Code § 5401.7, which requires every
employer to adopt a written injury and illness prevention program.
E.. City Not Responsible. City is not responsible or liable for Consultant's
failure to comply with any and all of its requirements under this section and Agreement.
. F. Waiver of Subrogation. Consultant and Consultant's insurance company
agree to waive all rights of subrogation against City, its officers, elected officials, employees,
agents and volunteers for losses paid under Consultant's workers' compensation insurance policy
which arise from the work performed by Consultant for the City.
16, Confidential Information. All data, documents, discussions or other information
developed or received by or for Consultant in performance of this Agreement are confidential
and not to be disclosed to any person except as authorized by the City, or as required by law.
17. Assignment; Subcontractors; Emplo�+ees
A. Assignment. Consultant shall not assign, delegate, transfer, or convey its
duties, responsibilities, or interests in this Agreement or any right, title, obligation, or interest in
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1208604v1 80078/0012 Revised: 10 /27110
or to the same or any part thereof without the City's prior written consent. Any assignment
without such approval shall be void and, at the City's option, shall immediately cause this
Agreement to terminate.
B. Subcontractors; Employees. Consultant shall be responsible for
employing or engaging all persons necessary to perform the services of Consultant hereunder.
No subcontractor of Consultant shall be recognized by the City as such; rather, all subcontractors
are deemed to be employees of the Consultant, and Consultant agrees to be responsible for their
performance. Consultant shall give its personal attention to the fulfillment of the provisions of
this Agreement by all of its employees and subcontractors, if any, and shall keep the work under
its control. If any employee or subcontractor of Consultant fails or refuses to carry out the
provisions of this Agreement or appears to be incompetent or to act in a disorderly or improper
manner, it shall be discharged immediately from the work under this Agreement on demand of
the Project Manager,
I& Insurance. Without limiting consultant's indemnification provided herein,
Consultant shall comply with the requirements set forth in Exhibit C to this Agreement.
A Termination of Agreement; Default.
A. This Agreement and all obligations hereunder may be terminated at any
time, with or without cause, by the City upon 5 -days' written notice to Consultant.
B. If Consultant fails to perform any of its obligations under this Agreement
within the time and in the manner herein provided or otherwise violate any of the terms of this
Agreement, in addition to all other remedies provided by law, City may terminate this Agreement
immediately upon written notice. h3 such event, Consultant shall be entitled to receive as full
payment for all services satisfactorily rendered and expenses incurred hereunder, an amount
which bears the same ratio to the total fees specified in the Agreement as the services
satisfactorily rendered hereunder by Consultant bear to the total services otherwise required to be
performed for such total fee; provided, however, that the City shall deduct from such amount the
amount of damages, if any, sustained by City by virtue of the breach of the Agreement by
consultant.
C. In the event this Agreement is terminated by City without cause,
Consultant shall be entitled to any compensation owing to it hereunder up to the time of such
termination, it being understood that any payments are full compensation for services rendered
prior to the time of payment.
D_ Upon termination of this Agreement with or without cause, Consultant
shall turn over to the City Manager immediately any and all copies of studies, sketches,
drawings, computations, and other data, whether or not completed, prepared by Consultant or its
subcontractors, if any, or given to Consultant or its subcontractors, if any, in connection with this
Agreement. Such materials shall become the permanent property of the City. Consultant,
however, shall not be liable for the City's use of incomplete materials nor for the City's use of
complete documents if used for other than the project contemplated by this Agreement.
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1208604v180078/0012 - Revised: 10 /27/10
20. Suspension. The City shall have the authority to suspend this Agreement and the
services contemplated herein, wholly or in part, for such period as it deems necessary due to
unfavorable conditions or to the failure on the part of the Consultant to perform any provision. of
this Agreement. Consultant will be paid for satisfactory Services performed through the date of
temporary suspension.
21. Merger; Amendment. This Agreement constitutes the complete and exclusive
statement of the agreement between the City and Consultant and shall supersede all prior
negotiations, representations, or agreements, either written or oral. This document may be
amended only by written instrument, signed by both the City and Consultant. All provisions of
this Agreement are expressly made conditions.
22. Interpretation. This Agreement shall be interpreted as though it was a product of a
joint drafting effort and no provisions shall be interpreted against a party on the ground that said
party was solely or primarily responsible for drafting the language to be interpreted.
23. Litigation Costs. If either party becomes involved in litigation arising out of this
Agreement or the performance thereof, the court in such litigation shall award reasonable costs
and expenses, including attorneys' fees, to the prevailing party. In awarding attorneys' fees, the
court will not be bound by any court fee schedule, but shall, if it is in the interest of justice to do
so, award the full amount of costs, expenses, and attorneys' fees paid or incurred in good faith.
24. Time of the Essence. Time is of the essence of this Agreement.
25, Written Notification. Any notice, demand, request, consent, approval or
communication that either party desires or is required to give to the other party shall be in writing
and either served personally or sent by prepaid, first class mail. Any such notice, demand, etc.
shall be addressed to the other parry at the address set forth below_ Either party may change its
address by notifying the other party of the change of address. Notice shall be deemed
communicated within 72 hours from the time of trailing if mailed as provided in this section.
If to City: City Manager
City of Rohnert Park - City Hall
130 Avram Avenue
Rohnert Park, CA 94928
If to Consultant: The Planning Center/Design, Community & Environment
1625 Shattuck Avenue, Suite 300
Berkeley, CA 94709
26. ConsuItant's Books and Records.
A. 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
services, or expenditures and disbursements charged to the City and all documents and records
which demonstrate performance under this Agreement for a minimum period of three (3) years,
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1208604v 1 80078/0012 Revised: 10/27/10
or for any longer period required by law, from the date of termination or completion of this
Agreement.
B. Any records or documents required to be maintained pursuant to this
Agreement shall be made available for inspection or audit, at any time during regular business
hours, upon written request by the City Attorney, City Auditor, City Manager, or a designated
representative of any of these officers. Copies of such documents shall be provided to the City
for inspection when it is practical to do so. Otherwise, unless an alternative is mutually agreed
upon, the records shall be available at Consultant's address indicated for receipt of notices in this
Agreement.
C. The City may, by written request by any of the above -named officers,
require that custody of the records be given to the City and that the records and documents be
maintained in the City Manager's office.
27. Agreement Binding. The terms, covenants, and conditions of this Agreement
shall apply to, and shall bind, the heirs, successors, executors, administrators, assigns, and
subcontractors of both parties.
28. Equal Employment Opportunity. Consultant is an equal opportunity employer
and agrees to comply with all applicable state and federal regulations governing equal
employment opportunity. Consultant will not discriminate against any employee or applicant for
employment because of race, age, sex, creed, color, sexual orientation, marital status or national
origin. Consultant will take affirmative action to ensure that applicants are treated during such
employment without regard to race, age, sex, creed, color, sexual orientation, marital status, or
national origin. Such action shall include, but shall not be limited to, the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay -offs or
termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. Consultant further agrees to post in conspicuous places, available to employees
and applicants for employment, notices setting forth the provisions of this nondiscrimination
clause.
29. City Not Obligated to Third Parties. The City shall not be obligated or liable for
payment hereunder to any party other than the Consultant.
30. Waiver. No failure on the part of either party to exercise any right or remedy
hereunder shall operate as a waiver of any other right or remedy that party may have hereunder.
31. Severability. If any one or more of the provisions contained herein shall for any
reason be held to be invalid, illegal or unenforceable in any respect, then such provision or
provisions shall be deemed severable from the remaining provisions hereof, and such invalidity,
illegality, or unenforceability shall not affect any other provision - hereof, and this Agreement
shall be construed as if such invalid, illegal, or unenforceable provision had not been contained
herein.
32. Exhibits. The following exhibits are attached to this Agreement and incorporated
herein by this reference:
12086041 8007810012 Revised: 10127 /10
A. Exhibit A: Scope of Work and Schedule of Performance
B. Exhibit B: Compensation
C. Exhibit C: Insurance Requirements
33. Execution. This Agreement may be executed in several counterparts, each of
which shall constitute one and the same instrument and shall become binding upon the parties
when at Ieast one copy hereof shall have been signed by both parties hereto. In approving this
Agreement, it shall not be necessary to produce or account for more than one such counterpart.
34. News Releases/Interviews. All Consultant and subconsultant news releases,
media interviews, testimony at hearings and public comment shall be prohibited unless expressly
authorized by the City.
U
1208604180078/0012 Revised: 10/27/10
35. Applicable Lave; Venue. This Agreement shall be construed and interpreted
according to California law. In the event that suit shall be brought by either party hereunder, the
parties agree that trial of such action shall be held exclusively in a state court in the County of
Sonoma, California.
36. Authori1y. Each individual executing this Agreement on behalf of one of the
parties represents that he or she is duly authorized to sign and deliver the Agreement on behalf of
such party and that this Agreement is binding on such party in accordance with its terms.
37. STATEMENT OF ECONOMIC INTEREST_ If City determines Consultant
comes within the definition of Consultant under the Political Reform Act (Government Code
§87100), Consultant shall complete and file and shall require any other person doing work under
this Agreement to complete and file a "Statement of Economic Interest" with the Clerk of the
City of Rohnert Park disclosing Consultant and/or such other person's financial interests.
IN WITNESS WHEREOF, the City and Consultant have executed this Agreement as of the date
first above written.
CITY OF ROHNERT PARK CONSULTANT
By: By:
City Manager Title:
Date: Date:
Per Resolution No. 20 - _adopted by the Rohnert Park
City Council at its meeting of CONSULTANT
By: _
Title:
APPROVED AS TO FORM: Date:
NO
City Attorney
ATTEST:
By:
City Clerk
208604v 1 80078/0012 Revised: 10/27/10
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Scw,e ol'Wojrkand Schedule
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P-0,360Lva ROO'N'St"ON2 Revi3od: 10,,,'a7110,
EXHIBIT A: WORK SCOPE
This exhibit describes the scope of services, schedule, and assumptions for the
Northwest Specific PIan and EIR to be conducted by The Planning
Center I DC &E for the City of Rohnert Park in cooperation with Whitlock
& Weinberger Transportation (W- Trans), Coastland Civil Engineering
(Coastland), and WRA Environmental Consultants (WRA ). The EIR will
cover both the Specific Plan itself and the widening of Golf Course Drive
between Dowdell Avenue and Stony Point Road.
I. SCOPE OF SERVICES
Task A. Project Initiation
1. Project Kick -Off Meeting
The Planning Center I DC &E team, including W- Trans, Coastland, and
WRA, will meet with City staff to discuss the scope of work and schedule,
clarify roles for project team members, discuss key issues, and review
expectations for the process and products.
2. Data Gathering and Review
The Planning Center I DC &E will gather and review all background
materials relevant to the Specific Plan. The Planning Center I DC &E will
also obtain from City staff all relevant GIS data and prepare a base map for
the Plan Area.
3. Outreach Plan
In consultation with City staff, The Planning Center I DC &E will prepare a
brief memorandum summarizing the public and stakeholder outreach and
involvement efforts for the Specific Plan in order to involve the public and
stakeholders in meaningful participation. The task will likely include
identification of stakeholders, a program for public outreach, a schedule, and
production of outreach materials.
THE PLANNI-NG CENTER 1 QC &E 1
MAY 8, 2012
CITY OF ROHNERT PARK
NORTHWEST SPECIFIC PLAN
EXHIBIT A. WORK SCOPE
4. Stakeholders Meeting #1
The Planning Center I DC &E will conduct one or a series of group
stakeholder meetings to solicit input from Specific Plan Area stakeholders.
We envision this group to consist of property owners, but it may also include
development interests and their consultants, as well as neighboring property
owners. We will work with the City to identify candidates.
Task B. Existing Conditions Review
1. Initial Critical Issues Identification
The Planning Center I DC &E will meet with City staff to discuss critical
policy, land use, and environmental issues, such as natural and created
constraints, the possibility of a casino development adjacent to the Specific
Plan area, the widening of Golf Course Drive, and the location and
compatibility of land uses adjacent to existing uses. The Planning
Center ) DC &E will create a brief memorandum documenting the critical
issues identified at the meeting, including the anticipated process for the
resolution of these issues. The memo will identify discrete tasks, deliverables,
and a timeline for completion.
2. Specific Plan Outline
The Planning Center I DC &E team will work with the City to prepare an
outline of the Specific Plan that conforms with the requirements of State law,
as well as address the major critical issues. identified.
3. Existing Conditions Assessment
The Planning Center I DC &E team will create an Existing Conditions
Assessment to chronicle regulatory and physical conditions in the Specific
Plan Area. We anticipate that many of the findings in_ the Existing
Conditions Assessment will also be used to draft the existing setting portions
of the EIR for the Specific Plan. The Existing Conditions Assessment will he
provided to the City as a series of memos with supporting graphics for each
topic area described below.
THE PLANNING CENTER f DC &E 2
MAY 8.2012
CITY OF ROHNERT PARK
NORTHWEST SPECIFIC PLAN
EXHIBIT A: WORK SCOPE
a. Regulatory Framework
The Planning Center J DC&E team will review and assess the City of
Rohnert Park's policies, regulations, and ordinances that relate to
transportation, open space, development and other relevant elements within
the Specific Plan Area. Documents will include the City's General Plan,
Zoning Ordinance, and other similar policy documents as recommended by
City staff. Previous planning efforts for the Plan Area, such as the 2008
Preliminary Plan, will also be analyzed.
b. Land Use
The Planning Center I DC &E will document existing land uses within and in
the vicinity of the Specific Plan Area. As part of this effort, we will identify
vacant sites and structures, ownership patterns, and underutilized sites within
the Plan Area, and assess the existing built and natural character of the
surrounding environment.
c. Biological Resources and Wetland Delineation
WRA will conduct initial research to determine which protected species
and /or critical habitat potentially occur in the vicinity of the site. WRA will
also conduct a site visit to determine suitability for special - status wildlife and
plant species. Additionally, WRA-will identify and map the approximate
boundaries of any sensitive habitats observed and analyze any potential
environmental constraints present within the site.
WRA will also conduct a peer review of the biological reconnaissance
conducted by Northfork Engineering with regard to the widening of Golf
.Course Drive between Dowdell Avenue and Stony Point Road.
WRA will also conduct a formal wetland delineation in conformance with
the routine methods described in the 1987 Corps of Engineers Manual, and
will prepare a technical report for agency submission.
THE PLANNING CENTER I DC &E $
MAY 8, 2012
CITY OF ROHNERT PARK
NORTHWEST SPECIFIC PLAN
EXHIBIT A: WORT{ SCOPE
d. Geology
The Planning Center I DC &E will define the existing geologic, soil, and
groundwater characteristics of the Plan Area, identify regional seismic
influences, and note and explain the characteristics of any areas containing
constraints to site development.
e. Hazards
The Planning Center I DC &E will evaluate the safety hazards within the
Plan Area, as defined by the City's General PIan, specifically environmental
hazards associated with hazardous materials, hazardous waste disposal,
emergency preparedness, and wildland fire. This assessment will also include
a database search of the Plan Area of properties that use, store, or transport
hazards or hazardous materials.
f. Noise
The Planning Center I DC &E will describe the existing noise environment
within the Specific Plan area, identifying the predominant sources of
environmental noise and existing noise - sensitive land uses. We will also
conduct field surveys of the Plan Area to quantify baseline noise conditions
and obtain ambient noise measurements (short-term [15- minute] sampling of
up to eight locations within the area).
g. Hydrology
The Planning Center I DC &E will identify the regulatory framework,
hydrological setting, stormwater drainage . characteristics, water quality, and
flooding hazards of the Plan Area. This section also will include a discussion
of existing and future drainage patterns, based on topography and the
conceptual design plan, and quantification of pre- and .post - development
storm water discharge rates. Federal, State, local, and regional programs and
regulations that are applicable to the project also will be described.
h. Transportation
W -Trans will review circulation- related background information relative to
the Specific Plan, including available traffic data and prior traffic analyses
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prepared by W -Trans and others for projects in the flan Area. Citywide
policy documents including the Circulation Element and Bicycle and -
Pedestrian Master Plan will also be reviewed. W -Trans will also evaluate and
identify the circulation opportunities and constraints in the area. Known
circulation constraints include the capacity of Wilfred Avenue, Golf Course
Drive, and the US 101 interchange. Another key circulation consideration is
the need to coordinate infrastructure improvements and mitigation with the
County of Sonoma.
i. Infrastructure and Utilities
Coastland will review all available. information pertaining to the flan Area,
including existing studies, capacities, reports, maps, utility information,
current wastewater flows (discharges), water consumption data, and other
pertinent information. This information is assumed to be provided by the
City.
In addition to reviewing background information, Coastland will meet with
dry utility providers to discuss their existing facilities and identify any
required improvements likely needed to support increased demand.
Coastland will summarize existing capacities and existing plans for
improvements or expansion of water, wastewater, and dry utilities. The
report will also include consolidated preliminary base maps of the existing
systems.
4. Stakeholders Meeting #2
The Planning Center I DC &E will conduct a meeting to present findings
from the Existing Conditions Assessment and to solicit input from Plan Area
stakeholders.
5. Community Meeting #1: Existing Conditions and Initial Visioning
The Planning Center I DC &E will facilitate a community meeting to
introduce the Specific Plan process, present existing conditions in the Speck
Plan Area, and facilitate a discussion with participants to identify key issues
and desires for the area. The visioning exercise will be conducted as an open
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forum where members of the community can articulate their concerns or
desires for the Specific Plan Area. During this exercise, The Planning
Center I DC &E will record comments as they are provided for all
participants to see.
Task C. Land Use Planning
L sand Use and Circulation Concepts
Based on input from stakeholders, Community Meeting #1, and in
coordination with City staff, The Planning Center I DC &E team. will
develop two land use and circulation alternatives for the Specific Plan Area.
These alternatives will feature contrasting options for land uses, development
types, and intensity of development; along with urban design amenities, open
space, pedestrian, bicycle, and vehicular circulation networks, and a
conceptual storm drainage system. All alternatives will accommodate new
development consistent with physical and environmental constraints from
the Existing Conditions Review tasks.
2. City Staff / Stakeholders Meeting #3
The Planning Center I DC &E will conduct a meeting to present the
alternatives to City staff and stakeholders, and to solicit input and set a course
for a preferred alternative. At this meeting, any outstanding issues or areas of
potentially significant environmental impacts will also be discussed.
3. Preferred Land Use Plan
Based on public input from City Staff / Stakeholders Meeting #3, The
Planning Center J DC &E will develop a preferred alternative for the Specific
PIan Area. The preferred alternative will be represented by a conceptual
illustrative plan showing new building footprints, parking areas, circulation,
drainage facilities /watercourses, and open space. It will also show how it will
connect with neighboring properties to the east and proposed projects/
circulation to the west. A development program will be developed to show
square footages of building uses, dwelling units if any, parking spaces, square
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footage of paving and landscape areas, and streets. If possible, storm drainage
facilities will be integrated into the design of streets and open spaces.
4. Community Meeting #2: Conceptual Land Use Plan Workshop
At Community Meeting #2, The Planning Center f DC &E will present the
Conceptual Land Use Plan and receive public input on the plan. This
workshop would begin with a general presentation followed by an interactive
small group work session to discuss and evaluate the plan and end with a
general summary session. The Planning Center I DC &E would prepare
notes summarizing input received at the workshop.
5. Refinement of Land Use Plan
After Community Meeting #2, The Planning Center I DC &E will refine the
Conceptual Land Use flan. The refined plan will be circulated to City staff
and stakeholders for review.
6. Technical Studies
The Planning Center f DC &E will work closely with W- Trans, Coastland,
and WRA to ensure that the elements of the Land Use Plan are feasible and
achievable, and that they are properly reviewed in the E.IR. In doing this, the
following Technical Studies will be performed. Note that studies 6a and 6b
are not relevant to the EIR, while all others are.
a. Affordable Housing Strategy
The Planning Center I DC &E will review the City's Housing Element and
inclusionary housing requirements. As appropriate, we will include an
affordable housing program in the Specific Plan. The affordable housing
provisions may include land use and development standards with densities
that facilitate affordable housing development, regulations to require the
provision of affordable housing, housing in -lieu fees, or identification of
housing sites in other parts of the City to replace housing foreseen in the
City's Housing Element for the Specific Plan area.
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b. Financing and Phasing
In consultation with the City, The Planning Center i DC &E will create a
financing plan necessary to pay for public facilities and services in the Plan
Area, incorporating various financing mechanisms such as financing districts;
development impact fees, such as school mitigation fees or park fees; and
developer provided public amenities pursuant to development agreements.
The Planning Center I DC &E will create a phasing plan, with initial
direction provided by the developer, and will review the proposed phasing
with City staff to ensure that it benefits the City's needs and supports the
public financing plan.
c. Infrastructure
Coastland will assess the potential impacts on utility infrastructure and
identify improvements that will be needed to support buildout of the Specific
Plan. These needed improvements will be included in the public financing
plan_
Coastland's work on water and wastewater (described below) will be based on
modeling of flows and the City's utility systems that will be completed by the
City's existing modeling consultants, Brelje and Race and GHD, under direct
contract to the City and without cost to The Planning Center I DC&E team.
At the conclusion of this task, The Planning Center I DC &E and Coastland
will develop findings regarding water, sewer, and storm drain improvements
needed, including tabulation of location and size of facilities. A summary of
the improvements needed to the dry utilities will also be included. Any
impacts and mitigation measures required under CEQA will also be
documented.
Specific tasks to be completed for each utility system are described below:
i. Water.
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The land uses and densities will be reviewed and compared to that used for
the City's Water Master Plan_ If the demands are comparable, the master
plan will be used to identify necessary improvements. If the demands are
higher than those used for the master plan Coastland will provide the revised
demands to the City for modeling.
ii. Wastewater.
To evaluate the sewer collection system, projected land uses and flows will be
reviewed and compared to existing sewer studies /master plans. If the
discharges are comparable, the master plan will be used to identify necessary
downstream improvements. if the discharges are higher than those used for
the master plan, Coastland will provide the revised demands to the City for
modeling.
iii. Storm Drainage and Hydrology.
The Planning Center DC &E will provide a grading plan including
conceptual drainage basin and filtration system locations and system flows for
on -site stormwater.
The Planning Center I DC &E will conduct detailed modeling in
accordance with the City of Rohnert Park Storm Drain Design Standards and
Sonoma County Water Agency Mood Control Design Criteria Manual to
determine pre- and post - development flow rates and volumes, to confirm the
overall drainage approach developed in the conceptual grading plan, and to
determine the initial size and depth of proposed storm water detention basins
or other specific drainage facilities.
The Planning Center I DC &E will also provide a peer review of drainage
plans for the widening of Golf Course Drive and identify any impacts and
needed mitigation measures. . .
Coastland will provide an engineering review of the concept plan. Coastland
will also review the background information available from the City
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regarding existing drainage across the property and provide recommended
options for accommodating these flows during development.
d. Transportation
W Trans will prepare a traffic analysis intended to capture the potential
circulation impacts and improvements that will be needed to support
buildout of the Specific Plan. This traffic analysis will help capture the
traffic - related improvements that should be included in the public financing
plan, to provide a gauge on the phasing of circulation improvements, and to
produce calculations that will be used for the project's subsequent EIR.
The traffic analysis will include evaluation, of the following scenarios:
Existing; Baseline (includes buildout of the Wilfred - Dowdell Specific Plan,
Stadium Area Master Plan, Graton Rancheria Casino and Hotel, and Walmart
expansibn); Baseline plus Northwest Specific Plan buildout; Future (year
2035); and Future (year 2035) plus Northwest Specific Plan buildout. The
traffic analysis will include details on operational aspects such as queuing near
the Golf Course Drive interchange and traffic performance on U.S. 101. If
relevant, potential traffic shifts associated with revisions to the adjacent
casino's project description and /or available phasing information will be
incorporated into the base and cumulative traffic analysis scenarios. Because
the Specific Plan and EIR will utilize intersection turning movement counts
obtained in 2009, a brief discussion of regional traffic volume trends justifying -
the use of these older counts will be included.
The analysis will also include documentation of consistency with local and
regional transportation plans and policies, and evaluation of all modes of
travel in order to comply with CEQA guidelines.
The widening of Golf Course Drive between Dowdell Avenue and Stony
Point Road will be evaluated at the project (versus programmatic) level,
including evaluation of construction period impacts. Traffic volume data will
be provided to the parties conducting the air and noise analyses. If needed,
W -Trans will coordinate with the Sonoma County Transportation Authority
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to complete a model run and extract data on regional vehicle miles traveled
(VMT).
e. Biological Resources
Based on the development program proposed in the Land Use Plan, WRA
will conduct an impact assessment for biological issues on the site. The
information provided within this technical report will be suitable for use in
the preparation of the Specific Plan and FIR.
f. Air Quality
The Planning Center ! DC&E will prepare an air quality analysis in
accordance with the Bay Area Air Quality Management District's
(BAAQMD) CE.QA Air Quality Guidelines (Revised May 2011). The
analysis will be based on BAAQMD's Guidelines and screening tables for
Plan -Level analyses. For criteria air pollutants, the potential increase in
average daily trips and associated vehicle miles traveled (VMT) provided by
W- Trans from an increase in development intensity within the Northwest
Specific Plan area will be discussed in relation to the projected population
increase. Potential sources of odors from new land uses and placement of
sensitive land uses proximate to existing odors will also be described. It is-
anticipated that the project would not generate enough traffic volumes to
warrant a detailed carbon monoxide horspot analysis; therefore, a detailed
analysis compared to BAAQMD's carbon monoxide thresholds is not
necessary and impacts would be handled qualitatively.
The air quality section of the FIR will also include a qualitative assessment of
air quality compatibility based on the constraints analysis conducted for the
Specific Plan. Major sources of toxic air contaminants within the Northwest
Specific Plan area will be identified and the FIR will incorporate
recommended measures specified in the BAAQMD's draft Community Risk
Reduction Plan Guidelines for future sensitive land uses within the areas
mapped-
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g. Greenhouse Gas Emissions
The Planning Center I DC &E will prepare a greenhouse gas (GHG) analysis
in accordance with the BAAQMD's CEQA Air Quality Guidelines (updated
May 2011). The Planning Center I DC &E will quantify project- related
GHG emissions using a 'BAAQMD approved model (CalEEMOd or
URBEMIS +BGM). GHG emissions from transportation sources, area
sources (landscaping fuel, architectural coatings, consumer products), energy
sources (natural gas consumption, energy use), water and wastewater, and
waste will be quantified for existing year and buildout of the project.
GHG emissions will be evaluated based on BAAQMD's Project -Level
thresholds of significance (per capita threshold).
h. Geology
Based on the proposed ]and use plan and the site constraints previously
identified, The Planning Center f DC &E will conduct an analysis of
geological impacts associated with both development under the Specific Plan
and widening of Golf Course Drive. Mitigation measures known to be
successful in addressing the various geotechnical constraints affecting
Proposed development areas will be defined, including reference to existing
geological and soils tests and plan checking requirements administered by the
City of Rohnert Park and/or Sonoma County.
i. Hazards and Hazardous Materials
If development foreseen under the Specific Plan or the widening of Golf
Course Drive will be affected by any hazards identified in Task B, The
Planning Center I DC &E will identify these impacts and outline the
requirements for development on these parcels in the event that hazards or
hazardous materials are uncovered.
j. Noise
The Planning Center I DC&E will prepare a noise analysis in accordance
with noise standards of the City of Rohnert Park General Plan (Ch. 8) and
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Municipal Code (primarily sections 9.44 and 17.12), State Building Code, and
State Title 24 interior sound requirements.
The analysis will first evaluate on -going operations and activities after
development under the Specific Plan. The primary sources of noise impacts is
likely to be traffic; traffic noise will be modeled using the (1~HWA) Highway
Traffic Noise Model based on average daily segment volumes (from Traffic
Study).
The analysis will also evaluate construction activities, including both short -
term noise and vibration levels.
If necessary, the analysis will include mitigation measures that reduce
construction, operational, and transportation- related noise impacts to less -
than- significant levels.
Task D. Specific Plan
1. Meeting with City Staff/ Stakeholders #+4
After developing the technical studies in the task above, The Planning
Center I DC&E will meet with City staff and stakeholders to ask for final
input on any Specific Plan topics prior to preparing the Administrative Draft
Specific Plan.
2. Preliminary Development Plan Hearing
As required by the City's Zoning Code, The Planning Center I DC &E will
attend a Preliminary Development Plan Hearing before the Planning
Commission to present the concepts that are to be contained in the Specific
Plan. The Planning Center j DC &E will take comments on the draft
concepts and modify them as necessary to respond to Planning Commission
comments prior to preparing the Specific Plan itself.
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3. Administrative Draft Specific Plan
Incorporating the work of prior tasks, The Planning Center � DC &E team
will prepare the Administrative Draft Specific Plan for review by City staff.
The Specific Plan will be graphically- oriented with maps, diagrams,
photographs, and illustrations_ They will be prepared in conformance with
State Iaw. We expect that the Specific Plan will contain the elements
described below.
a. Introduction and Planning Process
This section will describe the existing conditions in the Specific flan Area and
discuss opportunities and constraints for future development, along with the
community planning process.
b. Vision and Concepts
This section will convey the vision and design concepts that were developed
throughout the process and provide supporting MUSErations. This chapter is
intended to articulate the vision under which all the Specific Plan's policies,
regulations, and recommendations are based.
C. Specific PIan Policies
This section will provide a series of written policies, which will be separated
into categories such as land use, community design, circulation, housing,
infrastructure, and other similar categories.
d. land Use
This section will discuss the land uses pattern and mix of uses including
number of units and square footage of recommended land uses. This element
will represent these land uses in an illustrative map. This section will include
the affordable housing and anti- displacement strategies.
e. Development Standards
This section will include all the building and site design standards for new
development in the Specific Plan Area, including allowable floor area ratio
(FAR), building height limits, setbacks, build -to lines, parking standards, and
other similar standards.
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f_ Transportation
This section will describe vehicular, bicycle, pedestrian, and transit
improvements recommended for the Specific Plan Area.
g. Design Guidelines
This section will include design guidelines to be used by property owners and
the City in completing improvements and development in the Specific Plan
Area. Architectural and landscaping guidelines will establish guidance for
private development. The plan will include streetscape standards that
integrate with the proposed bicycle and pedestrian improvements. The
streetscape improvements will establish standards for landscaped medians,
sidewalks, street furniture, and gateway improvements.
h. Utilities and Public Services
This section will describe future demand- for public services (schools, fire, and
police), utilities, and infrastructure. Major improvements and
recommendations needed to accommodate new development will be
identified along with cost estimates, phasing, and implementation for the
sanitary sewer system, reclaimed water system, water system,
hydrology /drainage and water quality treatment, and solid waste.
i. bnplementation Plan
This section will outline a strategy to implement the Specific PIan. The
strategy will address phasing of projects and infrastructure, and include the
conceptual financing strategy developed for infrastructure and other public
improvements.
4. Public Review Draft Specific Plan
The Planning Center I DC &E will revise the Administrative Draft Specific
Plan in response-to one consolidated set of City comments. The Planning
Center 1 DC &E will produce a "screencheek" version and circulated with
City staff for final comments before a Public review Draft Specific Plan is
prepared.
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Task E. EIR Preparation
The Planning Center I DC&E team produce a single Environmental Impact
Report (EIR) that serves as both a program EIR for the Specific Plan and a
project EIR for the widening of Golf Course Drive between Dowdell
Avenue and- Stony Point Road. .
In this task The Planning Center I DC &E team will analyze how
implementation of the Specific Plan and road widening would affect the
environment, identify potentially significant impacts, and recommend
measures to initigate those impacts.
The Planning Center I ,DC &E will work to fold necessary mitigation
measures back into the draft Ilan to ensure that the Plan is" "self mitigating."
Information developed from the existing conditions analysis will be
incorporated into the EIR in the existing setting sections to establish the
haseline for i6pacp evaluation. The Program EIR will satisfy all CEQA
requirements, including the evaluation of alternatives.
The EIR will cover all CEQA issues described in Task C.6 (above), as well as
all other issues required under the checklist contained in Appendix G of the
CEQA Guidelines. Some of these items may be " scoped out" through the
Initial Study and Notice of Preparation described below; all remaining issues
will be addressed in detail in the EIR.
The EIR preparation process will include the following steps:
1. Initial Study and Notice of Preparation
The Planning Center I DC &E will prepare a simple Initial Study and Notice
of Preparation that describes the project (including both the Specific Plan and
the widening of Golf Course Drive), provides notice that an EIR will be
.prepared, and "scopes out" any CEQA issues for which it can be reasonably
seen that there will be no significant impacts.
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2. Administrative Draft EIR
The Planning Center k DC &E will prepare an Administrative Draft EIR that
includes the following contents:
♦ An introduction-
♦ A summary of the document, including a summary of impacts and
mitigation measures.
♦ A project description (including both the Specific flan and the widening
of Golf Course Drive).
t Settings, impacts and mitigation measures for each CEQA - required issue
other than those scoped out through the Initial Study, including an
assessment of Specific Plan, roadway widening and cumulative impacts.
• An analysis of the CEQA- required No Project Alternative and at least
two additional alternatives each to the Specific Plan and the roadway
widening.
CEQA required assessment conclusions.
3. Draft EIR
The Planning Center I DC &E will make necessary changes to the
Administrative Draft EIR to respond to staff comments and publish the Draft
EIR for review by the public and the Planning Commission.
4. Responses to Comments and Final EIR
After close of the public comment' period and the . initial Planning
Commission hearing described under Task F.1 (below), The Planning
Center i DC&.E will prepare a Final EIR that includes a list of commenters,
required changes to the Draft EIR, and responses to all substantive comments
on the Draft EIR. The Planning Center I DC &E will first submit this
document as an Administrative Final EIR for City staff review, and will then
make necessary changes to the document to respond to staff comments and
publish the Final EIR for Planning Commission and City Council action.
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5. CEQA Findings
Findings for the EIR will be prepared by the City. Bill Halligan and Steve
Noack of DC &E will be available for a total of tip to 24 hours to advise the
City on these findings.
Tusk F. Hearings and Adoption
1. Planning Commission Hearings
In this task, The Planning Center I DC &E and key team members will
attend up to two public hearings with the Planning Commission on the
Public Review Draft Specific Plan and EIR. The hearings will allow the
Commission to comment on and recommend changes to the Public Review
Draft Specific Plan.
We anticipate that one of these hearings will be held during the CEQA-
required review period for the Draft EIR, and will also serve as the public
hearing on the Draft EIR. We anticipate that the second hearing will be held
after the close of the EIR comment period and preparation of the Final EIR,
and will serve as an opportunity for the Planning Commission to recommend
certification of the EIR and adoption of the Specific Plan to the City Council-
2. City Council Hearings
The Planning Center I DC &E will attend up to two public hearings with the
City Council on the Public Review Draft Specific Plan and Final EIR. The
City Council will have a final opportunity to provide comment on both
documents, matte final changes to the Plan which will be incorporated in the
final documents identified below, and ultimately to certify the Final EIR and
adopt the Specific Plan.
3. Final Specific Plan
Once the Specific Plan is adopted, The Planning Center I DC &E will create a
Final Specific Plan for distribution and archiving.. A "camera- ready" version
of the Final Specific Plan will be prepared.
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II_�*41 :1 :3 DO) I m
The schedule for the project is shown in Figure 1, and will result in project
completion, including the MR, in 12 months.
Figure 1: Schedule of Performance
f r homes Specific Plea
City of Rohnert Park
20'i 3
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III. ASSUMPTIONS
This scope of work and the cost estimate in Exhibit B assume the following,
Any deviations from these assumptions will result in the need for a budget
augmentation and contract amendment:
♦ Billing rates for this project are guaranteed through June 30, 2014 and are
subject to an increase of up to 6 percent on July 1, 2014 and in each
subsequent year thereafter,
♦ The Planning Center I DC &E will send an invoice for work completed
each month. The invoice will show hours worked by labor category,
billing rate, and total by labor category plus subconsultants and
reimbursable expenses. Special invoicing requirements may necessitate
an additional fee.
♦ Our cost estimate includes the meetings listed in Part I, above.
Additional meetings would be billed on a time- and - materials basis. Each
public workshop or public meeting will last up to three hours, plus an
additional hour for setting up and taking down equipment.
♦ No more than 40 hours of The Planning Center I DC &E staff time will
be required to respond to comments on the Draft EIR. If additional
labor is necessary, a contract amendment allowing additional work will
be necessary.
♦ City of Rohnert Park staff will act as a clearinghouse for comments on all
administrative draft documents, and will provide The Planning
Center I DC&E with a single, internally reconciled set of comments on
each administrative draft.
♦ There will be a single round of intensive review and revision to each
administrative draft product prior to the screencheck draft. If City of
Rohnert Park staff feels that a second administrative draft is needed, a
contract amendment allowing additional work will be necessary.
♦ Revisions to screencheck drafts will focus on typographical errors,
formatting and other minor edits. Such revisions will not include
content changes.
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♦ Multiple changes from the City of Rohnert Park about how to proceed
will require a contract amendment to allow completion of the additional
work.
♦ The Planning Center I DC &E will use ArcView version 9.3- compatible
shapefiles and /or geodatabases from City of Rohnert Park for the
development of the project's base map and subsequent thematic maps.
All files delivered by the City of Rohnert Park are assumed to be current,
spatially accurate, aligned with one another, and referenced to a common
coordinate system appropriate for the area. Each shapefile will arrive
with the appropriate coordinate system definitions (i.e. .PRJ files);
likewise, the coordinate system of geodatabases, if applicable, will contain
proper coordinate system definitions. This scope assumes that the City
of Rohnert Park's existing GIS information, including attribute data, are
essentially complete and that any needed adjustments by The Planning
Center DC &E will be minor. A maximum of four hours will be
allotted for data quality control procedures. Additionally, The Planning
Center f DC &E will expect metadata documentation for each shape£ile
and /or geodatabase submitted for this project including, but not limited
to, data author and description, data creation date, attribute field
definitions, and frequency of data updates.
♦ After creating the initial base map, The Planning Center I DC &E will
provide a copy to the City of Rohnert Park for review and approval
prior to use for subsequent mapping work. At the conclusion of the
project, The Planning Center i DC &E will provide a CD to the City of
Rohnert Park containing all original GIS data as well as project- specific
data layers modified or created by The Planning Center f .DC &E along
with pertinent metadata documentation.
♦ The Planning Center I DC &E will use Microsoft Word and /or Adobe
InDesign for page layout of reports, plans and similar documents.
Additional software such as Adobe Illustrator, Adobe Photoshop,
ArcGIS, and AutoCAD will be used to create illustrations, maps,
diagrams and other graphics.
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♦ All products will be submitted to the City of Rohnert Park in electronic
(PDF) format. Any printing will be an additional cost.
♦ City of Rohnert Park staff will be responsible for meeting logistics,
including schedule co- ordination, document production, printing notices,
mailing costs, room reservations, room set -up and take -down, and
refreshments.
♦ The Planning Center I DC &E will provide up to three facilitators for
the public workshops. Any additional facilitators will be drawn from
City -of Rohnert Park staff. The Planning Center I DC &E will provide
training for facilitators immediately before each workshop.
♦ The Planning Center I DC &E will prepare notices regarding the two
public workshops, which will be submitted to the City in an electronic
format for reproduction and distribution.
♦ We assume that development under the Specific Plan will connect to the
existing City water and wastewater systems. If other water or
wastewater solutions are proposed or need to be evaluated, their
assessment would require a cost increase and contract amendment.
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EXHIBIT B
Compensation
[to be inserted]
[121
1208604v1 80078/0012 Revised: 10 /27/10
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CERTIFICATE OF LIABILITY INSURANCE DATE511011
o11ow2
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THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER -
909 - 886 -9861
A, 1
Alliant Insurance Services,inC
909 -SB6 -2013
•,I _
PHONE """"�' -'^- -• —. ..-- ..._— ..._..u..__. —.�
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INS : ISUR. '_POLICY POLICYNUMSER LIMITS 75PE OF INSURANCE M1CY S _ _.... ..
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,.( AID. NP.,.> rx#);....._ .�_..,....- ..- .__�..,_.- - - - - - -_ __ -_— _ -____ _.. .
735 Carnegie Drive, Ste 200
EACHOCCURRENCE j $
E- MAIL
ADDRESS:
San Bernardino, CA 92408
Bill Fellow, CIC
DAMAGCTORENTED'... " '"__.....___, ._._...,_..,
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IN5URER(S] AFFORDING COVERAGE NAIC h
INSURED Planning Center Inc
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PERSONAL 8 AOV INJURY Is
SNSUR @RA Travelers Properly Casualty 126674
Design Community &
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INSURERS - Travelers Casualty B Surety 19038
Environment Inc
GENERALAGGREGATC S
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Crum& Forster SpecialtylAMNI f
INSURER C:
3 MacArthur Place Suite 1100
PRODICT$ COMPIOPAGG 6
51000000
Santa Ana, CA 92707
' .5_.,
INsuRFRo:
1 AUTOMOBILELIABiLITY
- COMBINED SINGLE LIMIT S
!
INSURER E:
A X I ANY AUTO - !8A6884N32431CAG O7IO1I11 07/01112
... .. . ..... ... ..L................
O�ICadent ...........__._,.._.-
INSURER F; _
COVERAGES CERTIFICATE NUMBER:
REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER
DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY SE ISSUED OR MAY PERTAIN, THE iNSURANCE AFFORDED BY THE POLICIES DESCRIBED
HEREIN 18 SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID
CLAYIWMSS _
INS : ISUR. '_POLICY POLICYNUMSER LIMITS 75PE OF INSURANCE M1CY S _ _.... ..
:
.._._ .. _.__.
GENERAL LIABILITY
EACHOCCURRENCE j $
5,000,000
C X : CCMMERCIAL GENERAL LIABILITY X X EPK100141 07115111 07/01/12
..
DAMAGCTORENTED'... " '"__.....___, ._._...,_..,
s.. PREMISES (Ea ocxu {rence) . . I, g; ,.....
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- ._.__..._....... _ .._ t. ...,.......
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GENERALAGGREGATC S
�GENL AGGREGATE LIMIT APPLIES PER:
PRODICT$ COMPIOPAGG 6
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POLICY PRP LOC - .... -....
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1 AUTOMOBILELIABiLITY
- COMBINED SINGLE LIMIT S
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' B INJURY (Per person) I $
! !ALL OWNED AUTOS ! t
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BODILY INJURY (Per accident)1
j SCHEDULED AUTOS
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X HIREDAUTOS
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X ! NON- OWNEDAUTOS !
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UMBRELLA DA6 OCCUR E
EACH OCCURRENCE .I S,
4,000,00
E EXCESS LIAa =
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AGGREGATE a S
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SELDNLY ' S
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_
WORKERSCOMPENSATION I ! E
I WCSTATU i OTH i
X
AND EMPLOYERS' LIABILITY _ I ?
B ANYPROPRi ETOMPARTNBRrEXECU7IVEYIN i PJUBS804N41A11 07/01111 07101112
IOFFICERIMEMBEREXCLUDED? n NIA: X
I TORY LIMITS .. ER I... ..
E.L. EACH ACCIDENT - -j W5
�• - -- - - -- -- - •-
__
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NH) ! I
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; tt yes. desulbe under I
if yes
;OwRIPTIONOF OPERATIONS below ! _
:.... ......... .. ..._... ......._ .......... , - ........... -...
[E.L DISEASE - POLICY LIMIT ;S
... .._... _._
1,000,00
J{ PropertyP6606806N6i1TtL11 ? 07/01111 07101112
:Pollution
5,000,00
C 'PollutionlProf EPK100141 i 07115111 07/01112
;Prof
6,000,00
DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (Attach ACORD 1D1, Additional Remarks Schedule, it more space is required)
Jot?: Northwest Specific Plan and EIR, Rohnert Park CA. Certholder, its
officers, elected officials, employees agents and volunteers are add'I
insds/ priamry and non- contributorylwaiver as respects gen'I liab ger
EN0111 0211, IwN01471111 & EN0109 0211 • work comp waiver WC000313 0009.
per
Null & Voids onor certificate issued 06108142.
GER I IFIGA IIt N(JLIUhK L;ANL;LLL.A I IUro•
CITYR01
City of Rohnert Park
Attn: Marilyn Ponton
130 Avrarn Ave
Rohnert Park, CA 94928
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
U 1968 -20O9 ACORD GURPURATION. All rights reserved.
ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD
Policy No: EPK100141
CrumkFbrster
`% r• pare of the fF1R'AR grocq)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NON - CONTRIBUTORY ADDITIONAL
INSURED WITH WAIVER OF SUBROGATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
CONTRACTORS POLLUTION LIABILITY COVERAGE PART
ERRORS AND OMISSIONS LIABILITY COVERAGE PART
SCHEDULE
I Name of Additional Insured Person(s) or Organizations) I
A. SECTION III — WHO IS AN INSURED within the Common Provisions is amended to include as an
additional insured the person(s) or organization(s) indicated in the Schedule shown above, but only with
respect to liability arising out of "your work" for that person or organization performed by you, or by those
acting on your behalf.
B. As respects additional insureds as defined above, this insurance also applies to "bodily injury" or "property
damage" arising out of your negligence when the following written contract.requirements are applicable;
1. Coverage available under this coverage part shall apply as primary insurance. Any other insurance
available to these additional insureds shall apply as excess and not contribute as primary to the
insurance afforded by this endorsement.
2. We waive any right of recovery we may have against the person(s) or organization(s) indicated in the
Schedule shown above because of payments we make for injury or damage arising out of "your work"
performed under a written contract with that person(s) or organization(s).
3. The term "additional insured" is used separately and not collectively, but the inclusion of more than one
"additional insured" shall not increase the limits or coverage provided by this insurance.
This Endorsement does not reinstate or increase the Limits of Insurance applicable to any "claim" to which the
coverage afforded by this Endorsement applies,
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED,
EN0147 -1111 Pagel of 1
Policy No: EPK1�Q141
Burl W the wAl(iFA%gruup
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED -- OWNERS, LESSEES OR
CONTRACTORS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
CONTRACTORS POLLUTION LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s) or Organization(s)
Where Required By Written Contract
SECTION III — WHO IS AN INSURED within the Common Provisions is amended to include as an additional
insured the person(s) or organization(s) indicated in the Schedule shown above, but only with respect to
liability caused, in whole or in part, by'yourwork' for that insured which is performed by you or by those acting
on your behalf.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
EN0111 -0214 Page 1 of 1
Policy No: EPK100141
rstercrumoll" ' 4 :. ifari of Elie FFARAX %TUHGl
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY,
AMENDED WAIVER OF TRANSFER OF RIGHTS
OF RECOVERY AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
CONTRACTORS POLLUTION LIABILITY COVERAGE PART
ERRORS AND OMISSIONS LIABILITY COVERAGE PART
THIRD PARTY POLLUTION LIABILITY COVERAGE PART
ONSITE CLEANUP COVERAGE PART
SCHEDULE
Required by Written Contract
SECTION VI —COMMON CONDITIONS, item 17. Transfer Of Nights of Recovery Against Others To Us
within the Common Provisions is amended by the addition of the following:
Solely as respects the person(s) or organization(s) indicated in the Schedule shown above, we waive any
right of recovery we may have against the person(s) or organfzation(s) indicated in the Schedule shown
above because of payments we make for "damages" arising out of your ongoing operations or "your work"
performed under a written contract with that person(s) or organlzatlon(s) and included in the "products -
completed operations hazard ".
However, this waiver shall riot apply to "damages" resulting from the sole negligence of the person(s) or
organization(s) indicated in the Schedule shown above.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
EN0109 -0291 Page 1 of 9
TRAVELERSJ WORKERS COMPENSATION
AND
EMPLOYERS LIABILITY POLICY
ENDORSEMENT WC 00 03 13 (0fl) -o1
POLIOY NL31vif3ER; RfU66804N41A11
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
vve have the right to recover our payments from anyone liable for an injury covered by this policy, 10Je wj]l not
enforce our right against the person or orrganizatlon named in the Schedule. ('This agreement applies only to the
extent that you perform work under a written contract that ragUires you to obtain this agreeMant from V,3.)
This agrearnent Shalt not operate directly or Indirectly to benefit any one not named in the Schedule.
SCHEDULE
DESIGNATED PERSOW
DESIGNATED ORGANIZATION:
ANY PERSON OR ORGANIZATION FOR WHICH THE NAMED INSUPEO 1.145
AQRCkD BY WRITTEN CONTRACT EXECUTED PRIOP TO LOSS TO
FURNISH TH1,3 WAXVER,
DA T E OF ISSUE: 07101111 $T ASSIGN:
g5F3?.p
EXHIBIT C
INSURANCE REQUIREMENTS for Consultant Services Agreement
Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in
conformance with the requirements set forth below. Consultant will use existing coverage to comply with
these requirements. If that existing coverage does not meet the requirements set forth here, Consultant
agrees to amend, supplement or endorse the existing coverage to do so. Consultant acknowledges that
the insurance coverage and policy limits set forth in this section constitute the minimum amount of
coverage required. Any insurance proceeds available to City in excess of the limits and coverage
required in this agreement and which is applicable to a given loss, will be available to City.
Consultant shall provide the following types and amounts of insurance:
General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form
CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no
cross liability exclusion for claims or suits by one insured against another. Limits are subject to review
but in no event less than $2,000,000 (Two Million Dollars) per occurrence.
Business Auto Coverage on ISO Business Auto Coverage form CA 0001 including symbol 1 (Any Auto)
or the exact equivalent. Limits are subject to review, but in no event to be less than $2,000,000 (Two
Million Dollars) per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non -
owned auto endorsement to the general liability policy described above. If Consultant or Consultant's
employees will use personal autos in any way on this project, Consultant shall provide evidence of
personal auto liability coverage for each such person.
Workers Compensation on a state - approved policy form providing statutory benefits as required by law
with employer's liability limits no less than $1,000,000 (One Million Dollars) per accident or disease.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide
coverage at least as broad as specified for the underlying coverages. Any such coverage provided under
an umbrella liability policy shall include a drop down provision providing primary coverage above a
maximum $25,000 self-insured retention for liability not covered by primary but covered by the
umbrella. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition
to policy limits. Policy shall contain a provision obligating insurer at the time insured's liability is
determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion
precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to
City for injury to employees of Consultant, subconsuhants or others involved in the Work. The scope of
coverage provided is subject to approval of City following receipt of proof of insurance as required
herein. Limits are subject to review but in no event less than $2,000,000 (Two Million Dollars) per
occurrence.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form
coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered
Professional Services" as designated in the policy must specifically include work performed under this
agreement. The policy limit shall be no less than $1,000,000 (One Million Dollars) per claim and in the
aggregate. The policy must "pay on behalf of" the insured and must include a provision establishing the
insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this
agreement.
X13]
1208604180078/0012 Revised: 10/27/10
Insurance procured pursuant to these requirements shall be written by insurers that are admitted
carriers in the state of California and with an A.M. Bests rating of A- or better and a minimum financial
size VIL
General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City
agree to the following with respect to insurance provided by Consultant.
1. Consultant agrees to have its insurer endorse the third party general liability coverage required
herein to include as additional insureds the City, its officers, Elected officials, employees, agents,
and volunteers using standard ISO endorsement No. CG 20 10 or an approved equivalent. If
completed operations coverage is excluded, the policy must be endorsed to include such coverage.
Consultant also agrees to require all contractors, and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant,
or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss.
Consultant agrees to waive subrogation rights against City regardless of the applicability of any
insurance proceeds, and to require all contractors and subcontractors to do likewise.
3. The worker's compensation policy is to be endorsed with a waiver of subrogation. The insurance
company, in its endorsement, agrees to waive all rights of subrogation against the City, its officers,
elected officials, employees, agents, and volunteers for losses paid under the terms of this policy
which arise from the work performed by the named insured for the City.
4. All insurance coverage and limits provided by Contractor and available or applicable to this
agreement are intended to apply to the full extent of the policies. Nothing contained in this
Agreement or any other agreement relating to the City or its operations limits the application of
such insurance coverage.
5. None of the coverages required herein will be in compliance with these requirements if they
include any limiting endorsement of any kind that has not been first submitted to City and
approved of in writing.
6. No liability policy shall contain any provision or definition that would serve to eliminate so- called
"third party action over" claims, including any exclusion for bodily injury to an employee of the
insured or of any contractor or subcontractor.
7. All coverage types and limits required are subject to approval, modification and additional
requirements by the City, as the need arises. Consultant shall not make any reductions in scope of
coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect
City's protection without City's prior written consent.
8. Proof of compliance with these insurance requirements, consisting of certificates of insurance
evidencing all of the coverages required and .an additional insured endorsement to Consultant's
general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In
the event such proof of any insurance is not delivered as required, or in the event such insurance is
canceled at any time and no replacement coverage is provided, City has the right, but not the duty,
to obtain any insurance it deems necessary to protect its interests under this or any other agreement
[14]
1208604v 1 80078/0012 Revised: 10127/10
and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by
Consultant or deducted from sums due Consultant, at City option.
9. Certificatc(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation
of coverage. Consultant agrees to require its insurer to modify such certificates to delete any
exculpatory wording stating that failure of the insurer to mail written notice of cancellation
imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply
with the requirements of the certificate.
10. It is acknowledged by the parties of this agreement that all insurance coverage required to be
provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-
contributing basis in relation to any other insurance or self insurance available to City.
11. Consultant agrees to ensure that subcontractors, and any other party involved with the project who
is brought onto or involved in the project by Consultant, provide the same minimum insurance
coverage required of Consultant. Consultant agrees to monitor and review all such coverage and
assumes all responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section. Consultant agrees that upon request, all agreements with
subcontractors and others engaged in the project will be submitted to City for review.
12. Consultant agrees not to self-insure or to use any self - insured retentions or deductibles on any
portion of the insurance required herein and further agrees that it will not allow any contractor,
subcontractor, Architect, Engineer or other entity or person in any way involved in the performance
of work on the project contemplated by this agreement to self - insure its obligations to City. If
Consultant's existing coverage includes a deductible or self - insured retention, the deductible or
self - insured retention must be declared to the City. At that time the City shall review options with
the Consultant, which may include reduction or elimination of the deductible or self - insured
retention, substitution of other coverage, or other solutions.
13. The City reserves the right at any time during the term of the contract to change the amounts and
types of insurance required by giving the Consultant ninety (90) days advance written notice of
such change. If such change results in substantial additional cost to the Consultant, the City will
negotiate additional compensation proportional to the increased benefit to City.
14. For purposes of applying insurance coverage only, this Agreement will be deemed to have been
executed immediately upon any party hereto taking any steps that can be deemed to be in
furtherance of or towards performance of this Agreement.
15. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform
Consultant of non - compliance with any insurance requirement in no way imposes any additional
obligations on City nor does it waive any rights hereunder in this or any other regard.
16. Consultant will renew the required coverage annually as long as City, or its employees or agents
face an exposure from operations of any type pursuant to this agreement. This obligation applies
whether or not the agreement is canceled or terminated for any reason. Termination of this
obligation is not effective until City executes a written statement to that effect.
[151
1208604v1 80078/0012 Revised: 10/27/10
17. Consultant shall provide proof that policies of insurance required herein expiring during the term of
this Agreement have been renewed or replaced with other policies providing at least the same
coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A
coverage bindefor letter from Consultant's insurance agent to this effect is acceptable. A certificate
of insurance and/or additional insured endorsement as required in these specifications applicable to
the renewing or new coverage must be provided to City within five days of the expiration of the
coverages.
18. The provisions of any workers' compensation or similar act will not limit the obligations of
Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity
defenses under such laws with respect to City, its officers, elected officials, employees, agents, and
volunteers.
19. Requirements of specific coverage features or limits contained in this section are not intended as
limitations on coverage, limits or other requirements nor as a waiver of any coverage normally
provided by any given policy. Specific reference to a given coverage feature is for purposes of
clarification only as it pertains to a given issue, and is not intended by any party or insured to be
limiting or all- inclusive.
20. These insurance requirements are intended to be separate and distinct from any other provision in
this agreement and are intended by the parties here to be interpreted as such.
21. The requirements in this Section supersede all other sections and provisions of this Agreement to
the extent that any other section or provision conflicts with or impairs the provisions of this
Section.
22. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any
way with the project reserves the right to charge. City or Consultant for the cost of additional
insurance coverage required 'by this agreement. Any such provisions are to be deleted with
reference to City. It is not the intent of City to reimburse any third party for the cost of complying .
with these requirements. There shall be no recourse against City for payment of premiums or other
amounts with respect thereto.
23. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant
arising out of the work performed under this agreement. City assumes no obligation or liability by
such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims
if they are likely to involve City.
[161
1208604v 1 80078/0012 Revised: 10/27/10
CERTIFICATE OF CONSULTANT
I HEREBY CERTIFY that I am the , and a
duly authorized representative of the firm of ,
whose address is and that
neither I nor the above firm I here represent has:
a) Employed or retained for a commission, percentage, brokerage, contingent
fee, or other consideration, any firm or person (other than a bona fide
employee working solely for me or the above consultant) to solicit to
secure this Agreement.
b) Agreed, as an express or implied condition for obtaining this contract, to
employ or retain the services of any firm or person in connection with
carrying out the Agreement; or
C) Paid, or agreed to pay, to any firm, organization or person (other than a
bona fide employee working solely for me or the above consultant) any
fee, contribution, donation, or consideration of any kind for, or in
connection with, procuring or carrying out the Agreement;
Except as here expressly stated (if any);
I acknowledge that this certificate is subject to applicable State and Federal laws, both
criminal and civil.
Date Signature
[1 71
1208604v 1 80078/0012 Revised: 10/27/10
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375 187.5 0 37°
THE PLANNING CENTER I DUE: SAMPLE SPECIFIC PLANS
CITY OF ROHNERT PARK
This document describes a few of the Specific Plans completed by The Planning Center I DC &E that
have resulted in tangible new development and public improvements.
WINDSOR DOWNTOWN PLAN
TOWN OF WINDSOR
The Planning Center I DC &E created Windsor's Downtown Plan in 1997 to provide implementable solutions
for the "Old Town" area. The Planning Center I DC &E helped the Town and community develop a vision for
the area and included concrete ideas and standards in the Downtown Plan for achieving the vision. Since
Specific Plan adoption, Old Town Windsor has experienced significant investment from both the public and
private sector. Implementation began with the construction of the Windsor Town Green and new mixed -use
development fronting onto this open space. These initial investments acted as catalysts for other new mixed -use
development that filled in afterward.
OLD REDWOOD HIGHWAY AND CHARLES STREET MASTER PLAN
CITY OF COTATI
The Planning Center I DC &E worked with community members and developers to establish a vision for a
sixteen acre site at the edge of downtown Cotati. The Plan addressed incorporation of the existing wetlands and
creeks, the creation of a cohesive and interconnected street, pedestrian and bicycle network, establishment of a
downtown gateway, and feathering of density across the site to permit a transition from the existing rural -
density housing at one edge of the site to the central commercial area at the other. A decade later, much of the
Master Plan has been implemented as recommended. New development includes single- family neighborhoods
with alley loaded garages, a co- housing project, and a mixed -use project along Old Redwood Highway.
a� M
AV'ILA BEACH SPECIFIC PLAN
SAN LUIS OBISPO COUNTY
The Planning Center I DC &E prepared this Specific Plan and EIR for San Luis Obispo County. The impetus
for the Specific Plan was the County's need to remove much of Avila Beach's commercial core to remediate
groundwater and soil contamination. The community - driven Specific Plan includes land use, circulation,
community design, public space, infrastructure, economic recovery, and implementation components. The
Planning Center I DC &E's work on the Avila Beach Specific Plan has led to the creation of a number of
projects in Avila Beach, including a new pedestrian -only boardwalk, new retail buildings along the ocean
frontage, and a marine biology exhibit center. The project won the California Chapter APA Award for
Planning Implementation by a Small Jurisdiction in 2001.
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STANTON PLAZA SPECIFIC PLAN
CITY OF STANTON
The Planning Center I DC &E prepared a Specific Plan for the City of Stanton that focused on providing
guidance for the redevelopment of a 15 -acre strip commercial site located on Beach Boulevard. The Specific Plan
proposes new commercial development at the most prominent corner of the site, as well as a new "Main Street"
area that allows for live -work units adjacent to commercial development, with all development guided by design
guidelines and a special administrative review process. Since plan adoption in 2005, all of the residential
components of this project have been constructed.
HARLAN RANCH MASTER PLAN, CLOVIS
CENTRAL VALLEY EC GROUP
The Planning Center I DC &E prepared the Harlan Ranch Master Plan for a new neighborhood in the
northeastern region of Clovis a city if Fresno County. Encompassing approximately 390 acres, the Harlan
Ranch Master Plan proposed a multiuse community designed and organized to encourage health and wellness,
create sense of place, and promote diversity through a variety of housing product types. The Master Plan
defined the vision for this area and provided clear development standards to implement it. Since the completion
of the Master Plan in 2005, nearly 75 percent of this project has been constructed. Remarkably, this project
continued in construction throughout the recent economic recession. The developer has attributed this to the
flexible residential density standards provided in the Master Plan.
THE PRESERVE SPECIFIC PLAN
CITY OF CHINO
The Planning Center I DC &E successfully developed a 5,472 -acre Specific Plan for the City of Chino, which
was adopted on in 2003. The Preserve Specific Plan provided guidance for the development of a diverse
residential community focused around a lively community core. The project included the development of an
area plan, general plan amendment, and annexation. Since Plan adoption, approximately 25 percent of this
project has been built. Several of the residential components have already been constructed, including an
affordable multi- family project.
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MARINE CORPS AIR STATION TUSTIN SPECIFIC PLAN AND BASE RESUSE PLAN
CITY OF TUSTIN
The Planning Center I DC &E prepared the Specific Plan /Base Reuse Plan and EIR /EIS for a 1,575 -acre former
Marine helicopter base for the City of Tustin. The Specific Plan provides a land use plan and design guidelines
for the area. Upon completion of the Specific Plan, The Planning Center I DC &E was hired by Lennar to lead
the site planning and entitlement effort. Nearly 1,200 residential units and two schools are built out, including
20% affordable housing and homeless facilities. Major roads are currently under construction through the
remainder of the site. Additionally, Vestar has constructed a large lifestyle center that includes restaurants,
entertainment uses, and shopping opportunities.
LEMOORE DOWNTOWN REVITALIZATION PLAN
CITY OF LEMOORE
The Planning Center I DC &E completed the Lemoore Downtown Revitalization Plan in 1994. The Plan
focuses on providing strategies for preserving existing historic character, enhancing amenities, and attracting new
entertainment uses. The Planning Center I DC &E suggested new uses and public improvements that would
enhance the viability of Downtown. Since adoption, many of the Plan's recommendations have been realized,
Downtown is now home to a new movie theater, and gateway improvements have been installed to clearly
mark the significance of entry to Downtown. This project won a National APA Award for Planning
Implementation by a Small Jurisdiction in 1995.