2007/08/14 City Council Resolution 2007-129RESOLUTION NO. 2007-129
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING AN AGREEMENT FOR SERVICES WITH
DYETT & BHATIA FOR THE PREPARATION OF THE
GENERAL PLAN UPDATE /HOUSING ELEMENT
WHEREAS, the City's current General Plan was adopted in June, 2000 and there have
been a number of changes since that time, necessitating an Update of the General Plan; and
WHEREAS, there is also a need to revise the City's Housing Element so that it may be
submitted to State Housing and Community Development (HCD) prior to the June 30, 2009
deadline; and
WHEREAS, on April 2, 2007, Staff distributed a Request for Proposals ( "RFP ") to
consultants who may have an interest in preparing the General Plan Update and EIR, with
proposals due by May 11, 2007; and
WHEREAS, Staff received a total of four proposals and interviewed all four firms on
June 29, 2007, with Dyett & Bhatia emerging as the preferred candidate; and
WHEREAS, Staff has prepared an Agreement for Services between the City and Dyett
& Bhatia to prepare the General Plan Update /Housing Element; and
WHEREAS, the Council has reviewed and considered the information contained in the
Staff Report and all relevant materials regarding the Agreement for Services between the City
and Dyett & Bhatia to prepare the General Plan Update /Housing Element.
NOW THEREFORE BE IT RESOLVED, that the Council does hereby approve an
Agreement for Services between City and Dyett & Bhatia to prepare the General Plan
Update /Housing Element.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and
directed to execute this agreement in substantially similar form to the agreement attached for and
on behalf of the City Council.
DULY AND REGULARLY ADOPTED this date of 14th day of August, 2007.
ATTEST:
City Clerk
CITY OF ROHNERT PARK
%
Mayor
BREEZE: AYE MACKENZIE: AYE SMITH: AYE STAFFORD: AYE VIDAK- MARTINEZ: AYE
AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)
AGREEMENT NT FOR SERVICES
This Agreement is made and entered into on this date,
by and between the City of Rohnert Park, hereinafter referred to as the "City," and Dyett & Bhatia,
hereinafter referred to as the "Consultant."
WHEREAS, the City requires that a consultant be hired to update the City's General PIan,
which was adopted in 2000, so as to acknowledge and incorporate those policies, procedures,
analyses, and pertinent reports that have been established in the interim, as well as to prepare the
City's Housing Element for the 2007 -2014 cycle; and
WHEREAS, the Consultant is qualified and experienced to provide such services.
NOW, THEREFORE, said City and said Consultant for the considerations hereinafter set
forth, mutually agree as follows:
1. SCOPE OF WORK. Consultant shall perform those services described as Tasks in
the. Scope of Work and Schedule of Performance attached as Exhibit "A" within the time frames
stated therein.
2. COORDINATION. Consultant shall assign Rajeev Bhatia, AICP ASLA, to
personally participate in said project and to coordinate the activities of the Consultant.
3. COMPENSATION.
A. City shall pay Consultant as compensation in full for such services and
expenses at the rates set forth in the Compensation Rates attached as Exhibit "B," the total sum not
to exceed $307,730.50 (Le. the contract amount of $279,755.00 plus a 10 percent contingency.)
Progress payments will be based on hours. worked and direct costs incurred, up to the maximum
contract amount for each task shown in Exhibit A. Payment by City under this Agreement shall not
be deemed a waiver of defects, even if such defects were known to the City at the time of payment.
B. Consultant shall submit itemized monthly statements for work performed.
City shall make any payment due within thirty (30) days after approval of the invoice by City.
Payment will be made for the approved amount of the invoice minus ten (10) percent. The ten (10)
percent retained by City will be held until 30 days after fmal completion and acceptance of the
contract work. If the project is delayed beyond the time frame in Exhibit A through no fault of
Consultant, abandoned by the City, or upon contract termination, the accrued retention shall be
payable to Consultant.
C. Payments due and payable to Consultant for current services are within the
843801v4 80078/0012 JH- S:05 -g
current budget and within an available, unexhausted and unencumbered appropriation of the City. In
the event the City has not appropriated sufficient funds for payment of Consultant services beyond
the current fiscal year, the City shall so inform Consultant, and this Agreement shall cover only
those costs incurred up to the conclusion of the current fiscal year; additional work and payment for
additional work is conditional upon future City appropriation. .
4. TERM. The term of this Agreement shall be from the date of its execution until the
completion of the work contemplated by this Agreement and its final acceptance by City unless
terminated earlier as provided herein.
5. NOTICES. All notices, bills, and payments shall be made in writing and may be
given by personal delivery or by mail. Notices, bills and payments sent by mail should be
addressed as follows:
TO CITY: COMMUNITY DEVELOPMENT
DEPARTMENT
CITY OF ROHNERT PARK
6750 COMMERCE BOULEVARD
ROHNERT PARK, CA 94928
ATTENTION: RON BENDORFF
TO CONSULTANT: DYETT & BHATIA
755 SANSOME STREET
SUITE 400
SAN FRANCISCO, CA 94111
ATTENTION: RAJEEV BHATIA
and when so addressed, shall be deemed given upon deposit in the United States mail, postage
prepaid. In all other instances, notices, bills and payments shall be deemed given at the time of
actual delivery. Changes may be made in the names and addresses of the person to whom notices,
bills and payments are to be given by giving notice pursuant to this Paragraph.
6: AMENDMENT OF 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 party to the Agreement. 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.
7. CITY'S RIGHT TO TERMINATE /SUSPEND CONTRACT. At any time and for
any or no reason, City shall have the right to terminate this Agreement, take possession of the
Consultant's work, e.g., studies, preliminary drawings, computations, specifications, etc., insofar as
they are complete and acceptable to the City, and pay the Consultant such equitable proportion of
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the total remuneration as the work satisfactorily done by the Consultant at the time of such
discontinuance bears to the whole of the work required to be done by the Consultant under the
terms of this Agreement.
8. CORRECTION OF WORK. The performance of services or acceptance of
information furnished by Consultant shall not relieve the Consultant from obligation to correct any
defective, inaccurate or incomplete work subsequently discovered and all such work shall be
remedied by the Consultant on demand without cost to the City.
9. DELAYS AND EXTENSIONS. The Consultant will be granted time extensions for
delays beyond the Consultant's reasonable control. Time extensions will be equal to the length of
the delay or as otherwise agreed upon between the Consultant and the City. In such event,
compensation as set forth in the Scope of Work shall be subject to renegotiation upon written
demand of either party to the Agreement.
10. RECORDS OF PERFORMANCE. Consultant shall maintain any 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 City for a minimum period of
three (3) years, or for any longer period required by law make these records available for inspection,
audit, and copying by the City. All data, documents, discussions, or other information developed or
received by or for Consultant in performance of this Agreement are confidential and not be disclosed
to any person except as authorized by City or as required by law.
11. SUBCONTRACTING. None of the services covered by this contract shall be
subcontracted without the prior written consent of the City. In accordance with Government Code
Section 7550, Consultant agrees to state in a separate section of any filed report the numbers and
dollars amounts of all contracts and subcontracts relating to preparation of the report.
. 12. ASSIGNMENT. The Agreement shall not be assigned by the Consultant in whole
or in part, without the written consent of the City.
13. INDEMNIFICATION. To the full extent permitted by law, Consultant shall
indemnify, hold harmless, release and defend City, its officers, employees and agents from and
against any and all actions, claims, demands, damages, disability, losses, expenses including
reasonable attorney's fees and other defense costs and liabilities of any nature that may be asserted
by any person or entity including Consultant, in whole or in part, arising out of Consultant's
negligent activities hereunder, including the activities of other persons employed or utilized by
Consultant in the performance of this Agreement (including design defects and regardless of City's
approval, use or acceptance of the work or work product hereunder) excepting liabilities due to the
sole negligence or willful misconduct of City. This indemnification obligation is not limited in 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.
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14. INSURANCE. Without limiting consultant's indemnification provided herein,
Consultant shall comply with the requirements set forth in Exhibit C to this Agreement.
15. STANDARD OF CARE. City relies upon the professional ability of Consultant as
a material inducement to entering into this Agreement. Consultant agrees to use reasonable care and
diligence in its profession in rendering services under this Agreement. Consultant agrees that the
acceptance of his work by City shall not operate as a waiver or release of said obligation of
Consultant. The absence, omission, or failure to include in this Agreement, items which are
normally considered to be a part of generally accepted professional procedure or which involve
professional judgment shall not be used as a basis for submission of inadequate work or incomplete
performance.
16. LITIGATION SUPPORT. Consultant agrees to testify at City's request if litigation
is brought against City in connection with Consultant's report. Unless the action is brought by
Consultant or is based upon Consultant's negligence, City will compensate Consultant for the
preparation and testimony at Consultant's standard hourly rates, if requested by City and not part
of the litigation brought by City against Consultant.
17. COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he
has not employed or retained any company or. person, other than a bona fide employee working for
the Consultant, to solicit or secure this Agreement, and that he has not paid or agreed to pay any
company or person, other than a bona fide employee, any fee, commission, percentage, brokerage
fee, gift, or any other consideration, contingent upon or resulting from the award or making this
Agreement. For breach or violation of this warranty, the City shall have the right to annul this
Agreement without liability, or, in. its discretion to deduct from the Agreement price or
consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage
fee, gift, or contingent fee.
18. CONFLICT OF INTEREST. Consultant (including principals, associates, and
professional employees) covenants and represents that it does not now have any investment or
interest in real property and shall not acquire any interest, direct or indirect, in the area covered by
this contract or any other source of income, interest in real, property or investment which would be
affected in any manner or degree by the performance of Consultant's services hereunder. Consultant
further covenants and represents that in the performance of its duties hereunder no person having
any such interest shall perform any services under this Agreement.
19. 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.
20. MERGER. This Agreement shall constitute the entire Agreement between the
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parties and shall supersede any previous agreements, whether verbal or written, concerning the same
subject matter. No modification of this Agreement shall be effective unless and until evidence by a
writing is signed by both parties.
21. DEFAULT. If Consultant should fail to perform any of his obligations hereunder,
within the time and in the manner herein provided or otherwise violate any of the terms of this
Agreement, City may terminate this Agreement by giving Consultant written notice of such
termination, stating the reason for such termination. In 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 damage, if any, sustained by City by virtue of the breach of the Agreement by
Consultant.
22. NO WAIVER OF BREACH, TIME. The waiver by either party of any breach of
any term or promise contained in this Agreement shall not be deemed to be a waiver of such term or
provision or, any. subsequent breach of the same or any other term or promise contained in this
Agreement. Time is of the essence in carrying out the duties hereunder.
23. 1 THIRD PARTY BENEFICIARIES: Nothing contained in this Agreement shall be
construed to create and the parties do not intend to create any rights in third parties.
24. ATTORNEY FEES APPLICABLE LAW AND FORUM. In the event either
party brings an action or proceeding for damages arising out of the other's performance under this
Agreement or to establish the right or remedy of either party, the prevailing party shall be entitled to
recover reasonable attorney fees and costs as part of such action or proceeding, whether or not such
action or proceeding is prosecuted to judgment. This Agreement shall be construed -and interpreted
according to California law, and any action to enforce the terms of this Agreement or for the breach
thereof shall be brought and tried in the County of Sonoma.
25. INDEPENDENT CONTRACTOR. The parties intend that Consultant, in
performing the services specified herein, shall act as an independent contractor and shall have control
of the work and the manner in which it is performed Consultant is not to be considered an agent or
employee of the City and is not entitled to participate in any pension plan, insurance, bonus or
similar benefits City provides its employees. In the event City exercises its right to terminate this
Agreement, Consultant expressly agrees that he /she shall have no recourse nor right of appeal under
rules, regulations, ordinances or laws applicable to employees.
26. TAXES. Consultant agrees to file tax returns and pay all applicable taxes on
amounts paid pursuant to this Agreement and shall be solely liable and responsible to pay such
taxes and other obligations, including, but not limited to, state and federal income and FICA taxes.
Consultant agrees to indemnify and hold the City harmless from any liability which it may incur to
the United States for to the State of California as a consequence of Consultant`s failure to pay, when
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due, all such taxes and obligations.
27. EMPLOYMENT PRACTICES. Consultant shall not discriminate in its
performance under the Agreement either directly or indirectly on the grounds of race, color, religion,
sex, age, national origin, or other prohibited grounds in its employment practices, and shall take
affirmative steps to ensure that applicants are employed and employees are treated during
employment without regard to race, color, religion, sex, age, national origin, or other prohibited
grounds.
28. COMPLIANCE WITH LAW. Consultant shall comply with all applicable federal,
state and local laws, rules and regulations affecting the Consultant and his/her work hereunder.
Consultant represents to City that Consultant has all licenses, permits, qualifications and approvals
of whatsoever nature which are legally required for Consultant to practice Consultant's profession
and to do the work hereunder. Consultant represents to City that Consultant shall, at its sole cost
and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and
approvals which are legally required for Consultant to practice his/her profession and do the work
contemplated by this Agreement.
29. TITLE TO 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 the 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 the 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 or until ninety (90) days after receipt of final payment from City.
30. INTERPRETATION. Notwithstanding the fact that one or more provisions of this
Agreement may have been drafted by one of the parties to this Agreement, such provisions shall be
interpreted as though they were 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.
31. 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 least 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.
32. AUTHORITY. 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.
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IN WITNESS WIIEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF ROE NERT PARK:
By: /
Name: (Date)
Title:
Per Resolution No. adopted
by the City Council on
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
CONSULTANT:
Y
Name"A5 E V 13 w-\- -r / \ (Date)
Title: PrZES1 (N17 Wr, b% JETT A� 2N -r/A
By:
Name: (Date)
Title:
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DYETT. BH:A`I'IA Scope of Work for City of Rohnert Park General Plan Update
WrW,n aid Regiomtl Plawiers 1
Exhibit A:
Scope of Work and Schedule of Performance
SCOPE OF WORK
This section outlines our proposed work program for all phases of the Rohnert Park General
Plan Update. The program is organized into eight tasks, from project initiation to publishing the
final General Plan, incorporating the work outlined in the Request for Proposals. The sequence
of work products, cominunity meetings, General Plan Steering Committee, and City
CounciUPlannmg Commission meetings are graphically illustrated in Schedule.
The task -by -task descriptions that follow present our approach to the assignment. Each task
description includes a purpose statement at the beginning. We have tried to cover all of the
various topics covered in the RFP and our discussion with staff within this task structure.
Initials in parentheses following the sub - section heading identify the lead firm 'for each sub -
task:
• D &B: Dyett & Bhatia, Urban and Regional Planners
• DA: Dowling Associates, Transportation Planners
• MOC: Mike O'Connor Physics Applied
TASK 1: RECONNAISSANCE AND ORGANIZATION
The objective of this first task will be to finalize the Public Participation Program, as well
conduct a series of introductory and organizational tasks. An introductory meeting between
the consultants and City staff will occur. Background information needs will be determined,
plan product formats; including computer - mapping formats, will be established, and the
available information will be analyzed_ Based on these introductory meetings and the
evaluation of existing information, the proposal work program will be refined into a Final
Work Program. The Work Program will be used to guide and track the General Plan. In
addition, the Work Program, will clearly define'
overall project management and
organization, staffing, technical studies, schedule and deliverables, and quality control
measures to ensure cohesiveness and consistency of the final products.
Also included in this task is fine- tuning the Public Participation Program, although this
component has to be flexible to respond to changing needs as the project progresses.
A. Conduct a kick -off meeting with City Staff (D &B; Team). The consultants will meet
with members of the City Planning Department staff to discuss their ideas and aspirations
for the project. At these meetings data sources will be identified, roles and
responsibilities will be clarified, communication protocols will be established, and work
program modifications will be discussed.
DY;°ETT & BHATIA Scope of Work for City.of Rohnert Park General Plan Update
rbzn. and ReZionat Planners 2
City staff will also provide team with an overview of existing plans and program,
pipeline development, major opportunities, and issues. Existing information needed for
the General Plan will be gathered.
B. Develop detailed Public Participation Program (D &B). A detailed public participation
program will be developed in coordination with City staff, using the components
identified in Chapter 2 of this proposal. Milestones will be included.
C. Conduct Kickoff Meeting with the General Plan Steering Committee. The General
PIan work program and phases, opportunities for community participation, the GPSC's
role for the General Plan Update, and overall meeting schedule with topics for each
meeting will be reviewed. Ground -rules for the GPSC will also be established.
D. Finalize Public Participation and Work Program (D &B). Based on comments at the
-kick -off . meeting with City staff and the City Council/Planning Commission,
modifications to the detailed work program will be prepared for City staff review as
necessary.
Meetings: Kick -off Meeting with the GPSC
Products: Final Project Work Program & Schedule
Finalized Public Participation Program
Materials for Project Website
TASK 2: REVIEW AMENDMENTS AND CHANGES; IDENTIFY POLICY ISSUES
As part of this task, all of the various plans completed (as well as those whose drafts have
been completed) will be reviewed to provide an assessment of any issues related to inter -
consistencies, or those related to policy that would require discussion with the GPSC and
other decision - makers.
A. Review Specific and Other Plans; Identify Policy Issues (D &B; DA). The consultant
team will review adopted specific plans (University District) and others whose
environmental reviews are currently underway, other development projects (Sonoma
Mountain Village project, as well as the Stadium proposal), the City Center Concept
Plan, corridor studies (currently underway) and the Casino project, and the Green
Building Ordinance to identify whether information from these can be readily folded into
the Plan or whether there are any inconsistencies between various documents, and how
these should be resolved. A memorandum summarizing any resulting policy issues will
be prepared.
B. Review Findings with the GPSC: Findings of the review and how to address any
resulting policy issues will be discussed.
C. Review City's Sustainability Goals. The City has already taken extensive measures
toward sustainability, including greenhouse gas reduction targets, the Green Building
Ordinance, water, conservation measures, etc. These will be reviewed by the consulting
team to understand the City's current policy and implementation framework.
E. Conduct a Kickoff workshop with City Council and the Planning Commission
(D &B; Team). Staff and consultants will meet with members of the City Council and the
DY E T T & B H AT I A Scope of Work for City of Rohnert Park General Plan Update
Ur4art. and Regional Nanners 3
Planning Commission (preferably in a joint workshop) to discuss their ideas and
aspirations for the General Plan update. The meeting will have two principal objectives:
• Discuss policy issues that may crop up as part of review of existing and contemplated
plans and programs (Task 2A). These could include,. for example, the need to
reconcile buildout projections with the three -year rolling "trigger cap."
• Give decision - makers the opportunity to describe their own priorities for the
Sustainability and Housing elements.
Our work program assumes that policy issues (other than those related to Sustainability
and Housing elements) will be related to reconciling any inconsistencies between various
plans. If new issues are raised that need to be resolved, this will constitute additional
services.
Meetings: Meeting with the GPSC
Kickoff Meeting with Decision - makers
Product: Memorandum on Policy Issues
TASK 3: GENERAL PLAN CHANGES/ SUSTAINABILITY ELEMENT
Based on the analysis in Task 2, and City Council /Planning Commission direction on any
policy issues, changes to the General Plan text will be made. Some of the revisions may have
to wait until some of the Specific Plans that are underway are adopted; the General Plan will
be finalized as part of Task 5. The Housing Element is discussed separately as part of the
next task.
A. Community Workshop/Forum on Sustainability. The city has already made
considerable strides towards sustainability since the time the General Plan was adopted in
2000. This forum will give community members an opportunity to explore further ideas
and trade -offs to boost sustainability.
B. Sustainability Element. The Sustainability EIement will address topics related to green
building, site planning, water conservation, construction material recycling, universal
design, and walkability. In a certain sense, all of the General Plan elements —be it land
use and mix or transportation— relate to Sustainability. We do not propose that the
Sustainability Element duplicate what is included in the other elements or include
detailed information that belongs in the Zoning Ordinance. However, the Sustainability
Element shall provide cross- reference to other portions in the Plan that deal with related
issues.
C. Prepare Changes to Other Elements. A redline /strikeout version of the General Plan
text, as well as needed revisions to maps (Land Use, Transportation, Bikeways, Noise
.Contours, etc.), will be prepared. This will include:
• Land Use and Growth Management Element (D &B). Land use changes both inside
and in the vicinity (Casino) will be reflected, and buildout numbers updated based on
specific and other: plans before the City. Growth management policies will. be
reviewed in light on new buildout projections.
DYET`i' & B ATIA Scope of Work for City of Rohnert Park General Plan Update
Urban, and Regional Rlaymers 4
Transportation Element (DA/D &B). This element will be updated consistent with
the studies currently underway (or completed since the Iast General Plan was
prepared). No new primary data (e.g., traffic counts) will be collected; however, it is
possible to summarize the information generated from other specific plans, major
traffic impact studies /EIRs, and other sources. Dowling Associates/Dyett & Bhatia
will also assist the City in making revisions to its bikeways plan.
If modeling services are desired, one future year model run could be done for a single
year, for an extra approximately $7,500. This would require imputing land uses (from
approved and pending plans) to specific parcels and agglomerating these by Traffic
Analysis Zones (TAZs). The output (product) would be peak hour link volumes and
IeveI of service, rather than intersection level of detail. If intersection Ievel of service
analysis is desired, it could be done at extra cost.
• Water Supply and Conservation (D &B). This will be a new element, drawing upon
the Water Supply Assessment study underway, as well as other water conservation
and recycling measures the City has adapted since the last update. For the purposes of
our scope and budget it is assumed that the current litigation related to water issues
will be resolved prior to completion of the General Plan Update, and no new
investigations will need to be performed as part of the General Plan Scope of Work.
• Open Space, Parks, and Public Facilities (D &B). The wastewater capacity analysis
will be incorporated in the General Plan, as well as the Sewer Interceptor Project and
the Eastside Sere and provision of County service to the Carton Manor- West area.
Parks inventory and projections will be updated based on the University District
Specific Plan and others underway.
• Air Quality (MOC)/D &B). Air quality projections in the General Plan will be
reassessed based on new traffic volumes from the traffic analysis and compilation, as
well as updated current monitoring data available from the Air Resources Board.
• Health and Safety (D &B). Data regarding solid waste management and recycling
will be updated. Results of the Storm Water Management Plan and the Emergency
Management Plan will be incorporated.
• Noise Element (MOC/D &B). The noise contour map will be updated to reflect traffic
projections (from the Transportation Element). Changes in noise policies or exposure
standards are not envisioned.
D. GPSC Meetings. While much of the work on the.General Plan changes will be fairly
straightforward, it is likely that some components will require GPSC review. We propose
a total of two to three meetings to review these changes (in addition to those required for
the Housing Element).
Meetings: Community Forum on Sustainability
Meetings with the GPSC (3)
Product. Draft Chapters of General Plan
DYE TT s: B HAT IA Scope of Work for City of Rohnert Park General Plan Update
Eri n. and .R6 &fitt ?(a:ir,e 's 5
-TASK 4: HOUSING ELEMENT
The City's current Housing Element was updated in 2000, along with the rest of the General
Plan. State of California legislation mandates that municipalities update the Housing
Element of their General Plan every five years, unless extended .by state legislation, to show
how their community could accommodate the Regional Housing Needs Assessment (RHNA)
established by the local council of governments. The Association of Bay Area Governments
(ABAG) must approve a new RHNA by June 30, 2008 and its members must revise their
Housing Elements and have them certified by the State Department of Housing and
Community Development (HCD) by June 30, 2009.
With this schedule in mind, Rohnert Park's Housing Element Update will have four phases,
each lasting roughly three months (the assessment work can start earlier, without waiting for
the RHNA numbers):
• Assessment (January -June 2008)
• Housing Needs Review (July - September 2008)
• Element Preparation (October - December 2008)
• HCD Review /Element Adoption (January -March 2009)
Specific tasks for each phase of the Housing Element Update are outlined below:
Phase 1: Assessment
Phase I tasks include the following: Technical update of background information/housing
needs assessment, constraints analysis, and accomplishments review: review of ABAG's
estimates of the City's potential share of regional housing need; and identification of
opportunity sites for affordable housing and assessment of overall residential buildout.
A. Needs Assessment, Constraints Analysis, and. Accomplishments Review. The.current
1999 -2006 Rohnert Park Housing Element contains primarily 1990 Census data, with
2000 Census overall population information and 1999 housing market data. The Housing
Needs Assessment Chapter of the Housing Element will be comprehensively updated
With most the current data available. In addition, the current Housing Element will be
reviewed for accomplishments since 1999. The review will assist in developing new
programs and policies. This latter effort will be a City staff responsibility, using an
evaluation matrix prepared by D &B.
B. Legislative Update. New State laws enacted since 2000 will be critically evaluated, and
a comprehensive review of the City's policies and regulations undertaken to ensure that
no illegal constraints on housing are listed in City code. The new legislation covers issues
such as ensuring adequate housing for extremely low income households, by right
allowance of second - units, parcel -level identification of sites to provide for adequate
housing development, and increased attention toward housing for persons with
disabilities.
PYETT & B'H'ATI.A Scope of Work for City of Rohnert Park General Plan Update
Urt;.n. azd Reyion.1 'Planners
Phase 2: Housing Needs Review
The process for the new Housing Element will need to interrelate with ABAG's schedule for
assessing and assigning residential development targets as a part of the new Regional
Housing Needs Allocation (RHNA) to be released by June 30, 2008. The new RHNA will
extend until the year 2014. The Housing Element and Land Use Element update must be
coordinated to anticipate and accommodate the new RHNA.
C. Identification of Opportunity Sites and Assessment of City Buildout. D &B will
coordinate with the General Plan update program to ensure appropriate residential land
use designations and intensities are available to "facilitate and encourage a variety of
housing types" that address the needs of all segments of the community, pursuant to State
law. Opportunity sites and growth areas will be discussed and explored.
D. Community Outreach. Development of a Housing Element that responds to community
needs and receives community acceptance requires significant public input. The outreach
program consists of the following:
• General Plan Steering Committee Meetings (Three): Certain Housing Element
discussions should be brought before the GPSC and/or before the community.
Meetings will discuss the following topics: Introduction to Housing Element law and
requirements; review of housing needs; review of housing constraints; relationship
between RHNA and sites inventory; housing goals and policies; and review of the
draft Housing Element. The GPSC and the community should also be afforded the
opportunity to discuss topics that may be controversial such as affordable housing
policies and opportunity areas for affordable and higher density housing.
• Housing Stakeholder Meetings (Six Meetings in One Day): State housing law
requires that cominunities specifically reach out to groups most affected by housing
supply and cost, such as the disabled, elderly, large households, and homeless. D &B
will hold six meetings with stakeholders /organizations representing some'of these or
similar populations over a period of one- day at City Hall. Housing developers in
Rohnert Park could be included as well in one or two sessions_ City staff will
identify, contact, and organize these groups. D &B will present the background of
Housing Element law and Rohnert Park's known issues, and ask the groups about
their main concerns and proposed solutions. If necessary, City staff would host
additional outreach meetings with other affected populations and communicate what
was heard to D &B for use in developing the Element.
Community Workshops (Two). Two community workshops will be held (one of
these could be in the form of a "housing summit" (as was held with the last Housing
Element), and the other could be an open house.
OYETT & BHATIA Scope of Work for City of Rohnert Park General Plan Update
ijr.bzri and Region fl Planners 7
Phase 3: Element Preparation
The new Housing Element will use a format that is consistent with the overall General Plan.
D &B proposes that the City aim to submit its updated Housing Element before the State .
deadline of the end of June 2009—possibly by January 2009. The Element will include the
final RHNA numbers set by ABAG, which should be available no later than June 30, 2008; if
these are not available, the draft RHNA numbers will be used.
D &B will assess the City's current housing programs in light of the findings of Phases 1 and
2. City staff will provide information on whether existing programs have already been
completed, which ones are working well and should be carried forward, and which ones need
to be refined, redefined, or dropped. As a result of these analyses, new housing programs
needed to meet the housing needs for the City will be identified. Any new housing program
must be consistent with the community vision established in the General Plan update process.
For each housing program proposed for the updated Housing Element, D &B will define 'and
quantify its objectives (number of units to be produced in a specified timeframe by income
group)-
As part of the General Plan update process, the overall vision of the community will be
revisited, including its image of its. residential neighborhoods. D &B will ensure new housing
goals and policies reflect the community vision and that internal consistency is achieved
among the various.General Plan elements.
An administrative Draft will be prepared and then revised based.on a consolidated set of City
staff comments. The Draft Element will then be presented to the Planning Commission for
review and corm-nents prior BCD review.
E. Admin Draft Housing Element. Based on the assessment of housing needs, constraints,
and opportunities, as well as past accomplishments, the discussion of housing programs
in the current Housing Element will be comprehensively revised to:
• Inventory housing resources and constraints, including analyses of population and
household characteristics and needs, land availability, governmental and non -
governmental constraints, special housing needs, energy conservation opportunities,
and of subsidized housing at risk of converting to market -rate housing.
• Demonstrate site development capacity equivalent to, or exceeding, the projected
housing need in the RHNA;
• Make available sites at adequate densities and development standards to facilitate and
encourage a variety of housing types for all socioeconomic segments of the
community, including those with special needs;
• Facilitate and encourage the provision of affordable housing for low and moderate
income households;
• Improve and preserve the City's affordable housing stock;
• Review the previous element's goals, objectives, policies, and programs; compare the
previous element's projections against actual achievement; and describe of how the
DyETT & BHATIA Scope of Work for City of Rohnert Park General Plan Update
ljrb.n whd Regicna) Pkafters 8
goals, objectives, policies, and programs in the updated element have been changed
to incorporate lessons learned;
• Describe how the City made a diligent effort to achieve public participation from all
economic segments of the community in the development of the Housing Element;
• Estimate the fiends expected to accrue to the Redevelopment Agency's Low- and
Moderate- Income Housing Fund between 2009 and 2014, and describe of the planned
uses.for those funds;
• Create a five year schedule of actions to achieve the goals and objectives of the
Housing Element;
• Quantify the objectives by income level for the construction, rehabilitation, and
conservation of housing.
Mitigate constraints to the development, improvement, and preservation of housing;
and
• , Promote equal housing opportunity.
The document will include maps and graphics showing the location of sites identified for
meeting the City's housing allocation. The sites maps will be created. with geographic
information systems (GIS), using data already possessed by Dyett & Bliatia from the
General Plan update project.
F. City Review. The administrative Draft will be submitted to City staff and then revised
based on a consolidated set of City staff comments. The Draft Element will then be
presented to the Planning Commission for review and comments prior HCD review.
Phase 4: HCD Review
G. HCD Review. The Draft Housing Element shall be submitted to HCD for review, with
the goal of gaining certification on the first iteration, but understanding, that this is
uncommon. Consequently, this task could include two rounds of HCD review (60 days
apiece). If required,. a second HCD Review Draft, with revisions in underline /strikeout
format will be prepared. D &B will be responsible for further revisions to the Element to
address HCD comments. All revisions will be prepared in underline /strikeout format. The
budget assumes one round of revisions and resubmission to HCD. -
Meetings: Meetings with Housing Stakeholders (6, in one day)
Community Workshops (2)
GPSC (3)
Product: Draft Housing Element
I)YI✓TT 8z Rit-ATIA Scope of Work for City of Rohnert Park General Plan Update
tirb;zj and' Reaio.n�[ i?l.anners 9
TASK 5: COMPILE HEARING DRAFT GENERAL PLAN
In this task, the General Plan (comprising draft elements from tasks 3 and 4) will be
compiled into one integrated document.
A. Compile General Plan. All of the General Plan chapters (including the Housing and
Sustainability elements) will be integrated into one unified document, with a unified .
Table of Content, etc. An Administrative Draft will be provided to the City, following
which the Plan would be finalized for public review.
B. Desktop Publishing (Optional). If the City so desires, we are willing to redesign the
document in a desktop publishing environment (such as In Design) to give it a higher
Level of look and feel; this work would constitute additional services.
Product Hearing Draft General Plan
TASK 6: ENVIRONMENTAL REVIEW
The objective of this task is to complete Negative Declaration for the General Plan .Update.
Our rationale for the Negative Declaration is described in Chapter l of our proposal. This
assumes that new land use changes will not result from the General Plan Update, but rather
the General Plan will reflect the specific, area, and other plans already adopted prior to the
General Plan Update.
A. Prepare Negative Declaration. An initial study using an enviromnental checklist will be
prepared for the Negative Declaration. The Transportation, Noise, and Air Quality
elements will merely reflect legislative decisions previously made by the City Council.
The new Sustainability and Water Conservation elements are likely to be beneficial, and
not detrimental, to the environment. This scope of work assumes that no new studies or
analysis will be conducted for the environmental review. City staff will be responsible for
distributing the NOP to the appropriate agencies.
Product: Negative Environmental Declaration
TASK 7: PUBLIC REVIEW AND ADOPTION
The objective of this task will be to conduct the public review and successfully take the Draft
General Plan through the public hearing process, The General Plan will be revised after
adoption to reflect the Council's decision.
A. Public Hearings. We will present the Draft General Plan along with a summary of public
comments at two Planning Commission hearings and then two City Council hearings. It
is likely that one meeting each will focus on the Housing Element, and the other on the
other elements.
B. Adopted General Plan. Following adoption by the City Council, we will revise the Draft
Plan, to incorporate specific text and diagram changes made by the City Council as part
of adoption. After a final screen check review by City staff, a final production version of
the Adopted Plan will be provided to the City for distribution.
WETT & B11ATIA
urban acid :Regi6nal Planners
Scope of Work for City of Rohnert Park General Plan Update
10
Meetings: Planning Commission Hearings (2)
City Council Hearings (2)
Product: Adopted General Plan (hard and electronic copy)
PRODUCTS AND MEETINGS
PRODUCTS
Our work program envisions preparation of the following products:
Coordination/Outreach Materials
Final Project Work Program & Schedule
Finalized Public Participation Program
Materials for project website at all key stages
Workshop materials as appropriate
Meeting summaries from community workshops
General Plan
Memorandum on Policy Issues
General Plan Outline
Administrative Draft General Plan/Elements
Hearing Draft General Plan
Adopted General Plan
Electronic Files
CEQA Documents
Negative Environmental Declaration
Optional Items
General Plan Desktop Publishing
New traffic model run
DYETT & B:H-ATI-A Scope of Work for City of Rohnert Park General Plan Update
Urbzn and Regit>11al Planriers
MEETINGS
Our work program envisions the following public meetings:
Public Meetings in the Scope of Work
City Council/ Community
General Plan
Housing
Planning Workshops
Steering
Stakeholders
Commission
Con?niittee
Task 1: Reconnaissance and
Organization
Task 2: Review Amendments
. .
. . . . ........ .... . .. . .
and Changes; Identify
Policy Issues'
Task 3: General Plan Changes/
. . . ...... . ........
1
3
Sustainability element
Task 4. Housing Element
2
3
6
Task 5,- Compile Hearing Draft
.General Plan
'Task 6: Environmental Review
Task 7: Public Review and
4
........... .........
...
Adoption
Total Public Meetings
6 3
8
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EXHIBIT "B"
COMPENSATION RATES AND CHARGES
Dyett & Bhatia
Consultant/Task
Hourly Rate
Raj eev Bhatia, Principal
$
190
Vicki Hill, Associate Principal
$
170
Sarah Nurmela, Senior Planner
$
120
Chris Hodges, Project Planner
$
100
Yvonne Hung, Planner
$
90
Melissa McMahon
$
85
GIS /Computer Mapping
$
85
Graphic Design
$
65
Project Associate /Word Processing
$
57
Dowling Associates
Consultant/Task
Hourly Rate
Steve Colman, Principal
$ 190
Senior Transportation Planner/Engineer
$ 134
Mike O'Connor Physics Applied
Consultant/Task
Hourly Rate
Mike O'Connor, Principal
$ 135
Hourly rates are subject to annual adjustment; however, such adjustments will not change project
budget and compensation.
843801v4 80078/0012 1H- S:05 -g
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EXHIBIT "C"
INSURANCE REQUIREMENTS
10
843801 v4 80078/0012 3H- S:05 -g
EXHIBIT C
INSURANCE REQUIREMENTS
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 andpolicy 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 Iimits. 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 $1,000,000 per occurrence.
Business Auto Coverage on ISO Business Auto Coverage form CA 0001 including symbol 1 (Any Auto)
as approved by the City. Limits are subject to review, but in no event to be less that $1,000,000 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 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, subconsultants 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 $1,000,000.00 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 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.
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 VII.
11
843801 v4 80078/0012 JH- S:05 -g
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 elected officials, employees and agents,
using standard ISO endorsement No. CG 2010 or equivalent as approved by the City with an
edition prior to 1992. 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. 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.
4. 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.
5. No liability except Professional 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.
6. 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.
7. 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 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.
8. Certificate(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.
9. It is acknowledged by the parties of this agreement that all insurance coverage except
professional liability required to be provided by Consultant or any subcontractor, is intended to
12
843801 v4 80078/0012 JH- S:05 -g
apply first and on a primary, noncontributing basis in relation to any other insurance or self
insurance available to City.
10. Consultant agrees to require 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.
11. 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, unless such retention or deductible has been declared to and accepted by the
City. Consultant's declaration of Professional Liability deductible is attached to this Exhibit
"C ". If there are any subsequent changes proposed to any self - insured retentions or deductibles,
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.
12. 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.
13. 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.
14. 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.
15. Consultant will renew the required coverage annually for a period of five years. This obligation
applies whether or not the agreement is canceled or terminated for any reason. Termination of
this obligation is not effective until Commission executes a written statement to that effect.
16. 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 binder or 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.
17. 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 employees, officials and agents.
13
843801 v4 80078/0012 7H- S:05 -g
18. Requirements of specific coverage features or Iimits 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.
19. 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.
20. 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.
21. 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.
22: Consultant agrees to provide prompt 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.
14
843801v4 80078/0012 JH- S:05 -g
DECLARATION ON INSURANCE DEDUCTIBLE
Consultant maintains $50,000 deductible on its Professional Liability insurance.
Dowling Associates, a sub - consultant to Consultant, maintains $75,000 deductible on its Professional
Liability insurance.
Date
Signature
15
843801A 80078/0012 IH- S:05 -g
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
ag \Consult.
Signature
16
843801A 80078/0012 JH- S:05 -g