2018/03/27 City Council Resolution 2018-042RESOLUTION NO. 2018-042
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING A MASTER AGREEMENT WITH MINTIER HARNISH LP FOR
PREPARATION OF AN UPDATE TO THE GENERAL PLAN IN THE AMOUNT OF
$1,037,461, WITH A 10% CONTINGENCY, FOR A TOTAL AMOUNT NOT TO
EXCEED $1,141,207, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE
MASTER AGREEMENT
WHEREAS; the Rohnert Park General Plan 2020 was prepared to provide the City's
planning vision for 20 years and the close of this planning period is approaching; and
WHEREAS; the City's current General Plan requires revisions and additions to address
changes in State law, the new 2017 Office of Planning and Research General Plan Guidelines,
and contemporary planning practice; and
WHEREAS, the City's contracting practices are governed by its Purchasing Policy; and
WHEREAS, in accordance with the Purchasing Policy, staff solicited proposals from
qualified planning firms to prepare an update to the General Plan; and
WHEREAS, Mintier Harnish LP provided the most responsive proposal and best
demonstrated its qualifications to prepare the update to the General Plan; and
WHEREAS, staff has negotiated with Mintier Harnish LP to arrive at a scope of services
and professional fee that meets the City's budget goals.
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 Mintier Harnish LP,
a Limited Partnership, and the City of Rohnert Park, a municipal corporation, for the an update to
City's General Plan in the amount of $1,037,461, with a 10% contingency, for a total amount not
to exceed $1,141,207.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed
to take all actions to effectuate this agreement for and on behalf of the City of Rohnert Park,
including execution, the agreement attached hereto as Exhibit "A," subject to minor
modifications by the City Manager or City Attorney.
DULY AND REGULARLY ADOPTED this 27" day of March, 2018.
(1)
2018-042
CITY OF ROHNERT PARK
Va
Pam Stafford, Mayor
ATTEST:
J Anne M. Buer"vv,rk
ATTACHMENT: Exhibit A
AHANO'l_U* k{ _ BEI.FORTI?.- A Y _.� MACKENZIE: A . CALLINAN: t. STAFFORD:
AYES: ( 3) NOES: ( p) ABSENT: (P.,) ABSTAIN: ( )
(2)
2018-042
Exhibit A to Resolution
MASTER AGREEMENT FOR CONSULTANT SERVICES
This MASTER AGREEMENT FOR CONSULTANT SERVICES ("Agreement") is
entered into as of the 27th day of March, 2018, by and between the City of Rohnert Park ("City"),
a California municipal corporation, and Mintier Harnish LP, ("Consultant"), a Limited
Partnership, with reference to the following facts, understandings and intentions.
Recitals
WHEREAS, City desires to update the Rohnert Park General Plan, and
WHEREAS, Consultant hereby warrants to 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, subject to the terms and conditions of this
Agreement.
Acreenlent
NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree
as follows:
1. Incorporation of Recitals. The recitals and all defined terms set forth above are
hereby incorporated into this Agreement as if set forth herein in full.
2. Project Coordination. Authorized representatives shall represent City and
Consultant in all matters pertaining to this Agreement.
A. City. The City Manager or his/her designee shall represent City
for all purposes under this Agreement, except where approval for the City is specifically required
by the City Council. The Development Services Director is hereby designated as the project
manager ("Project Manager"). The Project Manager shall supervise the progress and execution
of this Agreement.
B. Consultant. The Consultant shall assign Jim Harnish, JD to have
overall responsibility for the progress and execution of this Agreement for Consultant.
3. Scope and Performance of Services
A. Scope of Services. Subject to such policy direction and approvals
as City may determine from time to time, Consultant shall perform the type of services generally
set out in the Scope of Work attached hereto as Exhibit A and incorporated herein by reference.
Consultant shall be assigned to provide particular services pursuant to the requirements of a task
order that has been issued in conformance with the City's Purchasing Policy ("Task Order")
executed by Consultant and City.
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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. Consultant shall perform its
services in accordance with the schedule attached hereto and incorporated by reference as
I xhibil.l3. Any changes to these dates shall 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 performed 1) with due diligence, using its best efforts
to perform and coordinate all activities in a timely manner; 2) in accordance with all applicable
legal requirements; and 3) with the standard of quality ordinarily to be expected of competent
professionals in Consultant's field of expertise. Consultant shall correct, at its own expense, all
errors made in the provision of services under this Agreement. In the event that Consultant fail
to make such correction in a timely manner, City may make the correction and charge the cost
thereof to Consultant.
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 for
services provided directly under this Agreement and shall be at the rate and schedules more
particularly described in Exhibit C, attached hereto and incorporated by this reference for a total
amount of one million thirty seven thousand four hundred sixty one dollars ($1,037,461)
(Contract amount). The services of the Consultant shall not commence without a written notice
to proceed from the City and Consultant shall seek approval of any work that exceeds or would
cause the work to exceed the contract amount. City's obligation to pay compensation to
Consultant as provided herein is contingent upon Consultant's compliance with the terms and
conditions of this Agreement and any amendments thereto). However, in no event shall the
amount City pays to Consultant for services provided directly under this Agreement exceed one
million one hundred forty one thousand two hundred seven dollars ($1,141,207.00) 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. City shall pay Consultant as
compensation in full for such services and expenses for the different elements of the scope of
work as follows:
B. Timina_of Payment.
(1) Consultant shall submit itemized monthly statements for work
performed. All statements shall include adequate documentation
demonstrating work performed during the billing period and shall
conform to Federal Funding invoicing requirements, if applicable.
Except as otherwise provided herein, City shall make payment, in
full, within thirty (30) days after approval of the invoice by City.
(2) Payments due and payable to Consultant for current services must
be within the current budget and within an available, unexhausted
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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, this Agreement shall cover
only those costs incurred up to the conclusion of the current fiscal
year; payment for additional work is conditional upon future City
appropriation.
C. Changes in Compensation. Consultant will not undertake any
work that will incur costs in excess of the amount set forth in Section 4(A)(Contract amount) of
this Agreement without prior written amendment to this Agreement. 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. 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.
D. 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.
E. 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.
F. Litigatimi Sr1U)ort. Consultant agrees to testify at City's request if
litigation is brought against City in connection with Consultant's work product. Unless the
action is brought by Consultant or is based upon Consultant's negligence, City will compensate
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. Term. The term of this Agreement shall commence on the date of its execution
by both parties and shall continue in full force and effect until December 31, 2020, unless earlier
terminated in accordance with this Agreement. Notwithstanding the foregoing, this Agreement
may be extended for successive one-year term(s) upon mutual, written approval by the City
Manager or his/her designee and Consultant. .
6. 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
OAK #4815-6908-3231 v13
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 fulfill the Agreement as prescribed.
7. Ownership of Documents. Title, including the copyright and all intellectual
property rights, to all plans, specifications, maps, estimates, reports, manuscripts, drawings,
descriptions, designs, data, photographs, reports and any other final work products compiled,
prepared or obtained 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. Consultant shall assume no responsibility for
the unintended use by others of such final work products which are not related to the scope of the
services described under this Agreement. 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.
8. Lrn to meet of Other Consultants. Specialists or Experts. Aside from the
subconsultants specifically included within Consultant's proposal and scope of work. 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.
9. Con 11 ictn 1' 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
written consent of the City. Consultant agrees at all times to avoid conflicts of interest, or the
appearance of any conflicts of interest, with the interests of the City in the performance of the
Agreement.
(1) Consultant is not a designated employee within the meaning of the
Political Reform Act because Consultant:
(2) 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
(3) 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).)
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10. IJability of Melllbers and 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. 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 or acceptance or otherwise.
11. Indemnity.
A. To the fullest extent permitted by law (including, without
limitation, California Civil Code Sections 2782 and 2782.8), Consultant shall defend (with legal
counsel reasonably acceptable to City), indemnify, and hold harmless City and its officers,
elected officials, employees, agents, and volunteers (collectively "Indemnitees") from and
against any and all claims, loss, cost, damage, injury (including, without limitation, injury to or
death of an employee of Consultant or its subconsultants), expense and liability of every kind,
nature and description (including, without limitation, fines, penalties, incidental and
consequential damages, reasonable court costs and reasonable attorneys' fees, litigation expenses
and fees of expert consultants or expert witnesses incurred in connection therewith, and costs of
investigation), whether actual, alleged, or threatened, that arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of Consultant, any subconsultant, anyone directly
or indirectly employed by them, or anyone that they control (collectively "Liabilities"). Such
negligence, recklessness, or willful misconduct includes, without limitation, the failure of
Consultant to disclose information known by Consultant to be material to performing the
Services. Notwithstanding any provision of this Agreement to the contrary, the extent of Design
Professional's obligation to defend, indemnify, and hold harmless shall be governed by the
provisions of California Civil Code Section 2782.8, as that section may be amended. The only
exception to Consultant's responsibility to indemnify, protect, defend and hold harmless the
Indemnitees from Liability is due to the active negligence or willfull misconduct of City or its
elective or appointive boards, officers, agents and employees.
B. Neither termination of this Agreement nor completion of the
Services shall release Consultant from its obligations under this Section 11, as long as the event
giving rise to the claim, loss, cost, damage, injury, expense or liability occurred prior to the
effective date of any such termination or completion.
C. Consultant agrees to obtain executed indemnity agreements with
provisions identical to those set forth in this section from each and every subconsultant or any
other person or entity involved by, for, with or on behalf of Consultant in the performance of this
Agreement. If Consultant fails to obtain such indemnity obligations from others as required,
Consultant shall be fully responsible for all obligations under this Section. City's failure to
monitor compliance with this requirement imposes no additional obligations on City and will in
no way act as a waiver of any rights hereunder. The obligation to indemnify and defend City as
OAK #4815-6908-3231 v15
set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the
termination of this Agreement or this section.
D. Consultant's compliance with the insurance requirements does not
relieve Consultant from the obligations described in this Section 11, which shall apply whether
or not such insurance policies are applicable to a claim for damages.
E. Scope of Obli ation. Consultant's duty to indemnify, protect,
defend and hold harmless as set forth in this Section 11 shall include the duty to defend (by
counsel reasonably satisfactory to the City) as set forth in California Civil Code § 2778. 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. This indemnification shall be regardless of and not in any way limited 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. Consultant waives any and
all rights to express or implied indemnity against the Indemnitees concerning any Liability of the
Consultant arising out of or in connection with the Agreement or Consultant's failure to comply
with any of the terms of this Agreement.
Consultant's duty to indemnify, protect, defend and hold harmless as set forth in this Section 11
shall not be excused because of the Consultant's inability to evaluate Liability, or because the
Consultant evaluates Liability and determines that the Consultant is not or may not be liable.
The Consultant must respond within thirty (30) calendar days to any tender by the City, unless
the time for responding has been extended by an authorized representative of the City in writing.
If the Consultant fails to timely accept such tender, in addition to any other remedies authorized
by law, as much of the money due or that may become due to the Consultant under this
Agreement as shall reasonably be considered necessary by the City may be retained by the City
until disposition has been made of the matter subject to tender, or until the Consultant accepts the
tender, whichever occurs first. Consultant agrees to fully reimburse all costs, including but not
limited to attorney's fees and costs and fees of litigation incurred by the City in responding to
matters prior to Consultant's acceptance of the tender.
12. 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 shall have responsibility for
and control over the details and means of providing its services under this Agreement.
Consultant shall furnish, at its own expense, all labor, materials, equipment, tools, transportation
and services necessary for the successful completion of the services under this Agreement. 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. Consultant, its officers, employees and agents shall not have any
power to bind or commit the City to any decision.
13. Coral alianee witli laws.
OAK #4815-6908-3231 v16
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. City is not
responsible or liable for Consultant's failure to comply with any or all of the requirements
contained in this paragraph or in this Agreement.
B. Worlwrs' 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 Way ,,e. 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. Injury and Illness Prevention Program. Consultant certifies that it
is aware of and has complied with the provisions of California Labor Code § 6401.7, which
requires every employer to adopt a written injury and illness prevention program.
E. Business Licenses. Except as otherwise allowed by City in its sole
discretion, Consultant and all subconsultants shall have acquired, at Consultant's expense, a
business license from the 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)
shall be kept valid throughout the term of this Agreement. City may withhold compensation
from Consultant until such time as Consultant complies with this section.
F. Waiver of Subrogatioi7. 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 City.
14. 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 City, or as required by law.
15. Assignment; Subcontractors; Eingloyees
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 or to the same or any part thereof without the City's prior written consent, which shall
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be in the City's sole discretion. Any assignment without such approval shall be void and, at the
City's option, shall immediately cause this Agreement to terminate.
B. Subcontractors; Empalovees. 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.
16. Insurance. Without limiting Consultant's indemnification provided herein,
Consultant shall, at its own expense, procure and maintain insurance that complies with the
requirements set forth in Exhibit D to this Agreement, which is attached hereto and incorporated
by reference. Consultant shall upon thirty (30) days' notice comply with any changes in the
amounts and terms of insurance as may be required from time -to -time by City's risk manager.
17. 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 five (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 violates 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. 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 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
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the City's use of complete documents if used for other than the project contemplated by this
Agreement.
18. Su.p ensinn. 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 prior to the date of
suspension. During the period of suspension, Consultant shall not receive any payment for
services or expenses incurred by Consultant by reason of such suspension.
19. Merger: Amends etit. This Agreement constitutes the complete and exclusive
statement of the agreement between 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.
20. hiterpretation. 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.
21. 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.
22. Time of the Essence. Time is of the essence of this Agreement. Upon receipt of a
written notice from City to proceed with work required by a Task Order, Consultant shall
immediately commence work to perform the services required by that Task Order according to
the time requirements set in the Task Order.
23. 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 party 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 mailing if mailed as provided in this
section.
If to City: City Clerk
City of Rohnert Park - City Hall
130 Avram Avenue
Rohnert Park, CA 94928
Phone: 707-588-2225
Fax: 707-792-1876
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Email: cityclerk@rpcity.org
If to Consultant: Mintier Harnish LP
Attn: Mr. Jim Harnish, JD
1415 20th Street
Sacramento, CA 94811
jim@mintierharnish.com
24. Consultant'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 City and all documents and
records which demonstrate performance under this Agreement for a minimum period of three (3)
years, 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 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.
25. Agreeniem 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.
26. Equal Ern to ment O ortunii . 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, religion, 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, religion, 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.
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27. Noss-ExcklSive Agreement. This is a non-exclusive agreement. City reserves the
right to provide, and to retain other consultants to provide, services that are the same or similar to
the services described in this Agreement.
28. City Not Obligated to Third Pal -Lies. The City shall not be obligated or liable for
payment hereunder to any party other than Consultant.
29. Remedies/Waiver. No failure on the part of either party to exercise any term,
covenant, condition, right or remedy hereunder shall operate as a waiver of any other term,
covenant, condition, right or remedy that such party may have hereunder. All remedies
permitted or available under this Agreement, or at law or in equity, are cumulative and
alternative. As a condition precedent to commencing legal action involving a claim or dispute
against the City arising from this Agreement, the Consultant must present a written claim to City
in accordance with the Rohnert Park Municipal Code
30. 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.
31. Exhibits. The following exhibits are attached to this Agreement and incorporated
herein by this reference:
A. Exhibit A: Scope of Work and Schedule of Performance
B. Exhibit B: Schedule
C. Exhibit C: Compensation
D. Exhibit D: Insurance Requirements
32. l.xecution. 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.
33. News Releases/Interviews. All Consultant and subconsultant news releases,
media interviews, testimony at hearings and public comment shall be prohibited unless expressly
authorized by City.
34. A mlicable Law, 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 a trial of such action shall be held exclusively in a state court in the County of
Sonoma, California.
OAK #4815-6908-3231 v11 ]
35. ALlthority. 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.
36. Statement of Lcopoinic 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, City and Consultant have executed this Agreement as of the date first
above written.
Signatures on Next Page
OAK #4815-6908-3231 v112
CITY OF ROHNERT PARK CONSULTANT
By: By:
City Manager Title:
Date: Date:
Per Resolution No. 2018 -_adopted by the Rohnert Park
City Council at its meeting of March 27, 2018.
CONSULTANT
By:
Title:
Date:
APPROVED AS TO FORM:
By:
City Attorney
ATTEST:
By:
City Clerk
OAK #4815-6908-3231 v113
Agreement Exhibit A Scope of Services
General Plan Preparation
Phase 1: Project Initiation
Task 1.1: Project Scoping Meeting, Kick-off Meeting, and City Tour
The Consultants will meet with City staff to discuss expectations for the schedule, process, and work products and
to refine the scope of work to address City comments.
Following execution of the contract, the Consultants and City staff will hold a project kick- off meeting. This
meeting will confirm roles and responsibilities, establish communication protocols, refine and detail the project
schedule based on actual start date, and discuss the initial ideas and strategies for community engagement (which
will be refined and documented under Task 1.3). Immediately following the kick off, the Consultants will tour the
city with City staff to examine key issues and opportunities that will be addressed in the General Plan.
Task 1.2: Town Hall: Introduction to the General Plan Update
At the beginning of the process, the Consultants will attend a Town Hall event setup by the City. At the Town
Hall, the Consultants will provide an overview of the key steps in the General Plan Update process, the
opportunities the community will have for engagement, and changes in State law/regulations and other important
issues that will affect the General Plan Update.
During this Town Hall, the Consultants will also conduct an exercise to start the identification of issues and
opportunities that should be addressed as part of the General Plan Update.
Task 1.3: Community Engagement Strategy
Based on input from the kick-off meeting (Task 1.1), the Consultants will work with City staff to prepare a
comprehensive Community Engagement Strategy that will document the outreach methods to be used throughout
the project. The Strategy will describe outreach responsibilities, publicity protocols, and how the engagement will
be structured to ensure comprehensive community engagement.
Specific community engagement activities (such as newsletters and workshops) are described as individual tasks
in this scope of work. Other on-going engagement items, such as the Project Website, are described under
Phase 8, Project Management.
Task 1.4: Branding and Project Logo
The Consultants will develop a branding package for the General Plan Update. The branding package will include
a project logo and style templates that will be used for all work products, the website, and publicity materials to
build enthusiasm about the project and ensure that this effort is distinct in the minds of the community. We will
give the City up to three options from which to choose.
Task 1.5: Set Up Online Engagement
During this task, we will design and develop a project -specific website for the Rohnert Park General Plan Update.
The Consultants will build the website on a modern, user-friendly platform that allows quick and easy updates to
the site. In addition to being an important public outreach and information tool, the website will serve as an
administrative record of the project. It will include all meeting announcements/materials, draft and final
documents, and meeting summaries. The website will also be used to link to online engagement opportunities,
including Engagement HQ, developed during the project. This scope of work includes all needed maintenance and
updates to the website for the duration of the project.
Scope of Work, 3/27/18 Rohnert Park General Plan Update & EIR Page 1 of 20
As part of the online outreach, we propose to use the Engagement HQ software tool and online mapping using
ESRI ArcGIS Online and ESRI Story Map (see description under Task 8.2). Initial setup for these tools will also
be undertaken as part of this task.
Task 1.6: Form the Technical Advisory Committee, TAC Meeting #1
The Consultants will work with City staff to form a core TAC consisting of key staff from various City
Departments. The core TAC will be engaged as a source of information, a sounding board for ideas and concepts,
and for review of documents and materials. At various times during the development of the General Plan Update,
technical input on specific topics may be sought from ad-hoc members representing agencies and organizations
serving the community, such as Sonoma County Transportation Authority (SCTA), Sonoma County Water
Agency (SCWA), and Pacific Gas and Electric (PG&E). The core TAC will provide technical input and review of
administrative draft documents, including the Background Report; Issues, Assets, Opportunities, and Vision;
Alternatives Report; General Plan preparation; and Draft Program Environmental Impact Report (PEIR).
As part of this task, the Consultants will facilitate the first core TAC meeting, covering the following topics:
• roles and responsibilities of the TAC members;
• internal communication protocols;
• the scope of work and schedule; and
• available data for Phase 2 whitepapers and EIR existing conditions and trends.
Task 1.7: Newsletter #1: General Plan Update Overview
The Consultants will prepare a newsletter that describes what a general plan is, how and why it is being updated,
the project schedule, and how the public can be involved in the update. The newsletter will be used to promote
engagement opportunities.
Task 1.8: Stakeholder Interviews/ Community Group Meetings
The Consultants will spend two consecutive days conducting a series of one-on-one and small -group interviews
with key stakeholders and community groups to solicit input on issues and expectations for the General Plan
Update. We will develop the list of interviewees in consultation with City staff, but could include community and
business leaders, tribal leaders, environmental groups, senior and other special needs representatives, developers
and real estate brokers, business owners, transportation advocates, and other interest groups. At the discretion of
City staff, the Consultants could substitute a number of the interviews with attendance at regular meetings of
various community groups and organizations (e.g., Rohnert Park Chamber of Commerce, Rotary Club,
neighborhood associations), using these venues to gain additional inputs.
Products:
• Kick-off Meeting Summary (digital version)
• Town Hall Meeting Materials and Summary Report (digital version)
• Community Engagement Strategy (digital version)
• Project Logo and Design Theme Alternatives (up to 3 alternative approaches, digital version)
• Project Website and Engagement HQ Site Setup
• TAC Meeting Materials and summary minutes (digital version)
• Newsletter #I (100 hard copies and digital version on website)
• Stakeholder Interview Summary (digital version)
The term "digital version" is used in this scope of work to the provision of deliverables in both their native format
for staff use (e.g., MS Word, MS Excel, etc.) and a PDF format that is both print ready and bookmarked for online
use.
Page 2 of 20 Rohnert Park General Plan Update & EIR Draft Scope of Work, 2/28/18
Phase 2: Existing Conditions
Task 2.1: Assemble GIS Data and Prepare Base Maps
The Consultants will work with City staff to confirm the Planning Area and gather and format information for a
Geographic Information Systems (GIS) database covering the Planning Area. The Consultants will prepare base
maps suitable for reports and display presentation, including establishing a uniform legend and title block. During
the project kick-off meeting, the Consultants will work with City staff to identify and obtain existing GIS
resources from the City and other identified agencies with GIS data covering the Planning Area. We will develop
new GIS data and maps developed consistent with City protocols and data formats to ensure easy integration into
the City's information system. At the conclusion of the project, the Consultants will provide the City the native
files of all original data as well as project -specific GIS layers modified or created by the Consultants.
As described in Task 8.2, the Consultants will also present selected geographic data online using ESRI ArcGIS
Online and/or ESRI Story Map. This may utilize the GIS webserver maintained by the City of Santa Rosa and
covering Rohnert Park.
Task 2.2: Administrative Draft Existing Conditions Whitepapers and Online Mapping
The Consultants will prepare a series of Administrative Draft Existing Conditions Whitepapers and submit them
to City staff for review and comment. These whitepapers will highlight current conditions and trends and identify
future opportunities and constraints for key topic areas (defined below), and will lay the groundwork for
subsequent policy development. The Existing Conditions Whitepapers will include maps, charts, graphs, and
photographs to illustrate conditions and trends and make information easy to understand. The whitepapers will
address the topics of land use, economic and market conditions, climate change vulnerability (including
greenhouse gasses), environmental justice, and transportation. Existing conditions for other topics pertinent to the
General Plan Update will be prepared during Phase 6, Program Environmental Impact Report.
During this task, the Consultants will compile information on existing conditions within the Planning Area
organized by the topics identified above. The Existing Conditions Whitepapers will focus on identifying and
evaluating existing conditions and trends and identifying key issues and opportunities. This assessment will not
only support the development of goals, policies, and actions, but will also be used as the setting information used
in the EIR documentation for the Update.
Land Use Whitepaper
For this whitepaper, the Consultants will document and describe the following items:
• Existing Land Use
• General Plan Land Use Designations and distribution
• Specific Plan Land Use Designations and distribution
• Existing Zoning and distribution
• Other Agency Plans (including long-range plans for SSU)
• Development Capacity on vacant land and key opportunity sites
Economic and Market Conditions Whitepaper
The Consultants will examine the demographic, employment, and market demand measures for different land
uses, including retail, industrial, and office development. We will prepare an overview of economic characteristics
and analyze the recent industry employment trends to identify the leading sectors in Rohnert Park's economic
base. This analysis will address the types of office and manufacturing uses that may be attracted to Rohnert Park.
We will also address opportunities for economic development stemming from SSU as well as further expansion of
the visitor -serving businesses in the city.
For the local demand component, the Consultants will analyze the retail market in Rohnert Park, including
household demand, business -to -business transactions, and visitor spending. Using sales data provided by the
Scope of Work, 3/27/18 Rohnert Park General Plan Update & EIR Page 3 of 20
City's sales tax audit firm, HDL, we will prepare the retail leakage analysis and provide recommendations on
potential commercial development opportunities. We will also prepare a projection of future market growth for
Rohnert Park based on anticipated household growth and trends in the regional market area. Based on this
analysis, the Consultants will develop recommendations for strategic actions and policies to help support the
city's retail sector and address potential market threats related to changing market conditions.
The Consultants will also look at the current job -housing balance and use the labor force data and commute
patterns to assess housing needs. We will look at how the existing labor force patterns compare with the
employment base. The distribution of occupational employment and labor force by occupation can serve as an
indicator for the types of housing that the labor force and job base will demand. We will also take a detailed look
at the commute patterns to see where Rohnert Park residents are employed and in what industries. The
Consultants will also identify the existing service levels for various institutions in Rohnert Park, such as education
and health care facilities, and compare them with other communities. This will help assess future needs, based on
population and/or employment growth.
Based on the market analysis above and factoring in the potential supply of land for different uses (employment -
generating and residential), we will produce a market projection that addresses future demand for different land
use, as well as forecasts that will identify a range of potential needs for different types of spaces.
Climate Change Whitepaper
The Consultants will prepare a communitywide, planning -level climate change vulnerability assessment, using
tools and methods established by the Governor's Office of Planning and Research (OPR), the California Natural
Resources Agency (CNRA), and the California Energy Commission (CEC), including the Cal -Adapt web -based
tool, the Adaptation Planning Guide, the 2017 General Plan Guidelines, and other resources. The assessment will
examine the adverse effects of climate change relevant to the city of Rohnert Park. Key issues that will be
addressed include extreme heat, changes in precipitation and drought, increased risk of wildfire and flooding, and
other impacts. The assessment will help inform SB 379 adaptation measures to be included in the General Plan
Policy Document.
As part of this effort, the Consultants will also summarize relevant legislation and guidance regarding preparation
of a greenhouse gas (GHG) reduction strategy, including the process of preparing an inventory and forecasts,
setting GHG targets, and developing GHG reduction measures. The Consultants will prepare an inventory of
recent annual GHG emissions for communitywide activities within the city of Rohnert Park, using information
provided by the City, energy utilities, our traffic analysis, and other sources, such as the Sonoma County CAP,
which includes an emissions inventory for Rohnert Park.
The Consultants will prepare the inventory in accordance with established GHG inventory protocols that are
appropriate for local municipalities (e.g., Local Government Operations Protocol [LGOP], ICLEI
Communitywide Protocol). The inventory will be focused primarily on emissions that are within the City's
jurisdictional control or influence. The inventory will not attempt to quantify emissions that are outside the scope
of the effort, such as lifecycle/carbon footprint analysis or changes in carbon sequestration or storage in natural or
working lands. The inventory will serve as the reference point from which emissions forecasts and reduction
targets can be prepared during later phases of the project.
Environmental Justice Whitepaper
Community health, environmental justice, and social equity are emerging as important issues that communities
are addressing in general plans. SB 1000 requires jurisdictions that have disadvantaged communities to adopt an
environmental justice (EJ) element or incorporate EJ policies into their general plans. The law defines
disadvantaged communities as low-income communities that are disproportionately affected by environmental
pollution and other hazards that can lead to negative health effects. During Phase 5, we will discuss options for
addressing EJ in the General Plan as either a stand-alone element or integrated into the other elements.
Page 4 of 20
Rohnert Park General Plan Update & EiR Draft Scope of Work, 2/28/18
CalEnviroscreen 3.0, which is considered the default tool used to identify disadvantaged communities, identifies
one census tract to the northwest of city limits as disadvantaged. EJ community advocates recommend the use of
other information sources to conduct a more in-depth analysis to identify disadvantaged communities. MTC has
identified Communities of Concern within the Bay Area based on various socioeconomic variables, and some
jurisdictions use this as a starting point for their environmental justice analysis. MTC identifies two census tracts
in Rohnert Park that are Communities of Concern.
The Consultants will identify disadvantaged communities in Rohnert Park and describe the pollution burden and
health indicators as well as the population characteristics that may make these areas particularly vulnerable. The
Consultants will prepare maps and figures illustrating the proximity of residential communities to major sources
of air pollutants. One tool that will be used is the California Air Resources Board's Pollution Mapping Tool
(version 2.0). This analysis will ensure that the General Plan Update fully complies with SB 1000.
Transportation Whitepaper
The Consultants will review and update, as needed, GIS data of active transportation and transit facilities. As part
of this effort, SSU students will collect data to confirm the locations of bicycle and off-street pedestrian facilities
in the city. The maps will include existing and planned improvements to these facilities and would be updated as
the General Plan Update process moves forward.
The Consultants will characterize the existing transportation system (all modes) and current planned
improvements. Current traffic count information and level of service notations will be reported.
As part of Phases 4 and 6, the Consultants will collect transportation -related data and calculate planning and
Environmental Impact Report (EIR) transportation metrics. The Consultants will collect 72 -hour, midweek
roadway segment tube counts at up to 30 roadway segments, and will collect AM peak period (7:00 a.m. to 9:00
a.m.) and PM peak period (4:00 p.m. to 6:00 p.m.) intersection turning movement counts at up to 15 intersections.
We will select the study locations (segments and intersections) in conjunction with City staff. The combination of
segments and intersections may be modified based on discussions between the project team and City staff while
keeping within the budget allocated. We will compare the traffic count data against other available sources of
historical traffic count data to determine if adjustments should be made to account for travel behavior after the
October 2017 wildfires. The traffic counts will be conducted during Phase 4 to provide current data to support the
alternatives and EIR.
The Consultants will calculate existing peak hour roadway segment and intersection Level of Service (LOS) for
existing conditions using volume and LOS definitions from the 2010 Highway Capacity Manual or Highway
Capacity Manual, 6th Edition. We will perform the intersection calculations for the AM and PM peak hours of
intersection volume using the Synchro software package and adjustment, where necessary, the Synchro
intersection analysis models to account for the "gate down time" effects of SMART grade crossing events.
Online Mapping
To help the community better understand the range of existing and future factors (natural and manmade) that will
influence the future of the Rohnert Park, the Consultants will prepare an online mapping tool (ESRI Story Map).
This online Story Map will provide maps of these factors (items such as wildland fire hazards, biological
resources, environmental hazards, transportation connectivity, etc.) and a short description that will describe the
implications of the factor shown on each map. This type of online map atlas will help support the discussion of
issues and opportunities and be a component of the alternatives development.
Task 2.3: TAC Meeting #2: Review Existing Conditions Whitepapers
The Consultants will facilitate core TAC review of the Administrative Draft Existing Conditions Whitepapers.
While TAC members will be free to review all of the whitepapers, they will be principally responsible for
reviewing documents for which they have responsibility or expertise relative to the topic to assure that the
information is complete and accurate. Ad-hoc members of the TAC can be engaged where specific questions
Scope of Work, 3/27/18 Rohnert Park General Plan Update & EIR Page 5 of 20
related to their areas of expertise are raised. Staff will be responsible for providing the Consultants a single,
consolidated set of comments in track changes.
Task 2.4: Public Review Draft Existing Conditions Whitepapers
Following City staff and core TAC review, the Consultants will revise the whitepapers and prepare screencheck
drafts for City Staff to confirm the accuracy and completeness of the revisions (it is assumed that no substantive
new comments will be provided at this point). Following that review, the Consultants will prepare the Public
Review Draft Existing Conditions Whitepapers.
Task 2.5: Newsletter #2: Existing Conditions and Trends
The Consultants will prepare a newsletter summarizing key findings from the Existing Conditions Whitepapers,
on-going data collection, and initial outreach efforts. The newsletter will be used to characterize existing
conditions and trends influencing the community and promote the online engagement opportunities and the first
Community Workshop (described in Phase 3).
Task 2.6: Joint Study Session: Existing Conditions and Trends
The Consultants will facilitate a joint study session with the City Council and Planning Commission to present the
major findings from the Public Review Draft Existing Conditions Whitepapers and on-going data collection. The
Consultants will facilitate a discussion with the Council members and Commissioners about the implications of
the findings for new or revised General Plan policies and programs and solicit input on key issues and
opportunities the Update should consider, and other interests and expectations of the Council members and
Commissioners.
Products:
• GIS Base Maps (PDF)
• Administrative Draft Existing Conditions Whitepapers (8 hard copies and digital version)
• Screencheck Draft Existing Conditions Whitepapers (digital version)
• Online Existing Conditions Story Map (digital version)
• TAC Meeting Materials and Summary Report (digital version)
• Public Review Draft Existing Conditions Whitepapers (25 hard copies, CD, and digital version)
• Newsletter #2 (100 hard copies and digital version on website)
• Joint Study Session Meeting Materials and Summary Report (digital version)
Phase 3: Community Visioning and Issue Identification
Task 3.1: Community Workshop #1: Issue Identification and Community Visioning
The Consultants will kick off the community workshop series with an interactive workshop designed to inform
and energize the community. The workshop will focus on identifying issues to be addressed in the General Plan
Update and articulating the community's vision for the future. The visioning exercises will build from previous
visioning done as part of the PDA Specific Plan process and Downtown Rohnert Park design charrette. There are
several options for how to structure the community workshop (e.g., open house format or small group exercises)
and which exercises to conduct. The Consultants will work with City staff prior to the workshop to identify the
format that will work best for the community.
Task 3.2: Draft Vision and Guiding Principles
The Consultants and City staff will prepare the Preliminary Draft Vision that represents the ideal future for the
community, and a set of Guiding Principles that support the Vision and represent the City's core values. We will
base the draft Vision and Guiding Principles on public input gathered at the stakeholder interviews, community
workshops, study sessions, and TAC meetings, as well as input from City staff and previous outreach efforts as
part of the PDA Specific Plan.
Page 6 of 20 Rohnert Park General Plan Update & EIR Draft Scope of Work, 2/28/18
Task 3.3: Joint Study Session
The Consultants will facilitate a joint study session with the City Council and Planning Commission to present the
draft vision statement and guiding principles. Purpose of study session will be to gain consensus on these items.
Products:
• Community Workshop Materials
• Community Workshop Summary Report (digital version)
• Draft Vision and Guiding Principles (digital version)
• Joint Study Session Meeting Materials and Summary Report (digital version)
Phase 4: Alternatives
Task 4.1: Community Workshop #2: Alternative Concepts
The Consultants (supported by SSU students) will facilitate the second community workshop, which will focus on
identifying preliminary land use concepts for the area west of Highway 101 and any other focus areas of interest
to the city. The workshop will also allow input on various policy alternatives that the Consultants have identified
from community input. These could address items such as transportation options (e.g., connections to SSU,
bicycle and pedestrian improvements, transit options, SMART train), healthy community updates, public facility
choices, and so forth. For transportation, potential alternatives could include bicycle and trail connections, transit
service, and connections to the SMART train and University. The workshop will contain an educational
component on the fiscal, transportation, environmental, and other considerations that need to be assessed with any
alternatives.
The Consultants will take the input received at the community workshop to prepare preliminary land use concepts
and relevant topical alternatives for further consideration.
Task 4.2: Administrative Draft Alternatives Report
Based on inputs received from the community as well as ideas from the Consultant team, the Consultants will
prepare an Administrative Draft Alternatives Report for review by City staff and the TAC. This Report will
contain a mix of land use and circulation alternatives as well as key policy alternatives. Based on the RFP and
discussions with City staff, we anticipate the area west of Highway 101 to be the major focus of this task;
however, we can also analyze additional focus areas based on feedback received. Based on information from City
staff, we do not anticipate analyzing any expansion alternatives to the Urban Growth Boundary or Sphere of
Influence, although we will discuss alternatives for the City's Sphere of Influence boundary relative to tribal
lands.
The Alternatives Report will include maps and descriptions for land use alternatives that cover each of the
growth/change areas identified. We will group these location -specific alternatives into alternative packages that
achieve the Vision and Guiding Principles. The assessment conducted will include an evaluation of alternatives in
terms of implications for growth, city boundaries, land use and community character, mobility and connectivity,
public facilities and services, economic development, City fiscal health, and the natural environment. For each
policy alternative, the Consultants will identify the issues for which there is clear policy choice and direction, as
well as issues where choice and direction is not as clear. We will complete a qualitative comparative assessment
of the policy implications of each alternative based on clarity and congruence with key issues.
The Consultants will prepare an Alternatives Report that clearly communicates the potential implications of each
alternative, supporting a more informed choice. We will base the assessment of each alternative choice primarily
on a qualitative look at factors that can be used to differentiate the alternatives and their potential impacts on the
community relative to achieving the Vision and Guiding Principles. There are two areas where we will provide
more quantifiable information: fiscal impacts and the transportation system.
Scope of Work, 3/27/18 Rohnert Park General Plan Update & EIR
Page 7 of 20
The work done at this stage is designed to help the community evaluate the alternatives presented and is not
intended to be a full CEQA alternatives analysis (which will be performed as part of a later phase).
Subtask 4.2A: Fiscal Impact Analysis
The Consultants will develop a fiscal model through analysis of the City budget, existing land use data, data
collected as part of the Existing Conditions Whitepaper, and discussions with City staff regarding existing and
planned service levels. We will use the fiscal model to evaluate the fiscal impacts of the land use alternatives. We
will also provide a user manual that will allow City staff to conduct their own studies of proposed future
development proposals and provide additional information during preliminary project stages to evaluate how
project design variations affect the fiscal health of the City.
Using the fiscal model, the Consultants will prepare a comprehensive fiscal analysis of proposed land use
alternative packages to assist in the development of a preferred land use plan. The fiscal analysis will incorporate
details of land use type, density, and location that will help provide perspective on the impacts of alternative land
uses in Rohnert Park. The Consultants will address existing service areas and capacities related to the size,
location, and density of potential development.
The Consultants will structure the Fiscal Impact Analysis to provide easily comparable results among the land
uses. The results will show the marginal impact of new development on a net annual basis. One set of results will
be developed to show comparative impacts at full buildout of each land use.
This will help illustrate the differences that are related to land use type, density, or location. Another set of results
will be prepared showing how each land use performs over time based on the market absorption analysis. This can
be a critical dimension in the fiscal impact of land uses whose primary revenue benefit is the property tax.
The analysis will also provide fiscal policy recommendations, as needed, to address any potentially adverse fiscal
impacts the alternatives may have on the city.
Subtask 4.2B: Transportation System Alternatives
Relative to transportation, the Consultants will provide input through the rapid testing of the alternatives using the
MainStreet/MXD+ software package. Using MainStreet, estimated VMT generated and off-site traffic volumes
generated by the land use and circulation alternative change area(s) will be produced. Traffic volumes generated
by each alternative will be forecast using the SCTA travel demand model. Additional alternatives may be
analyzed using MainStreet and the SCTA travel demand model, if requested; we estimate that each additional
alternative would require $3,500 in budget to prepare both the VMT estimates (MainStreet) and volume forecasts
(SCTA model).
Task 4.3: TAC Meeting #3: Review Alternatives Report
The Consultants will meet with the core TAC to review the Administrative Draft Alternatives Report. Ad-hoc
members of the TAC can be engaged where specific questions related to their areas of expertise are raised.
Following TAC review and comments, the Consultants will revise and publish the Public Review Draft
Alternatives Report.
Task 4.4: Public Review Draft Alternatives Report
Following review by City staff and the TAC, the Consultants will revise the Administrative Draft Alternatives
Report to reflect suggested changes and publish the Alternatives Report.
Task 4.5: Newsletter #3: Alternatives
The Consultants will prepare a newsletter that summarizes the land use (including changes to land use
designations) and policy alternatives. We will use the newsletter to educate community members on the
alternatives process and generate public interest and attendance for the upcoming community workshop.
Page 8 of 20 Rohnert Park General Plan Update & EIR Draft Scope of Work, 2/28/18
Task 4.6: Community Workshop #3: Selecting a Preferred Alternative
The Consultants will facilitate a community workshop to gather community feedback on a preferred course of
action for the identified alternatives. The Consultants will solicit community input on their preferences for the
city's future growth and development. The workshop exercises will also be available for input through the Online
Forum. Prior to the workshop, we will work with City staff to determine the best format for the workshop.
Task 4.7: Planning Commission Study Session
The Consultants and City staff will facilitate a study session with the Planning Commission to review the
Alternatives Report and solicit their feedback and recommendations on a preferred land use alternative and key
policy choices presented. Recommendations from the Planning Commission will be presented to the City Council
for direction.
Task 4.8: City Council Study Session
The Consultants and City staff will facilitate a study session with the City Council to review the Alternatives
Report and recommendations from the Planning Commission. The purpose of this meeting will be to gain Council
direction on the preferred alternatives package that will be used to create the Draft General Plan.
Products:
• Community Workshop Materials (2 workshops)
• Community Workshop Summary Reports (digital version)
• Administrative Draft Alternatives Report (digital version)
• TAC Meeting Materials and Summary Report (digital version)
• Public Review Draft Alternatives Report (25 hard copies and digital version)
• Newsletter #3 (100 hard copies and digital version on website)
• Planning Commission Study Session Meeting Materials and Summary Report (digital version)
• City Council Study Session Meeting Materials and Summary Report (digital version)
Phase 5: General Plan
Task 5.1: General Plan Audit Report
An initial step in the update of the General Plan will be an assessment (audit) of the current General Plan. This
assessment will look at the current plan and revisions and additions needed to address changes in State law, the
new 2017 OPR General Plan Guidelines, and contemporary planning practice and content.
In addition to meeting current requirements and planning practice, we will also work with City staff to evaluate
the existing General Plan to determine what works, what does not work, and where the plan is not providing
adequate or current guidance. This will be done using our proprietary General Plan Evaluation Tool. Our General
Plan Evaluation Tool will provide insights on the existing General Plan's clarity; linkages to other plans; progress
in achieving desired outcomes; and whether goals, policies, and actions should be carried forward, modified, or
removed. The results of this review will be documented in a General Plan Audit Report.
Task 5.2: TAC Meeting #4: Evaluation of Existing General Plan
Prior to beginning updates to the General Plan elements, the Consultants will meet with the TAC to review the
General Plan Audit Report and confirm content to be updated and new topics to be addressed. Ad-hoc members of
the TAC can be engaged where specific questions related to their areas of expertise are raised.
Task 5.3: Administrative Review Draft General Plan
For the Update, the Consultants will address all the requirements of State law, such as complete streets, flood risk
reduction, and environmental justice, using the 2017 OPR General Plan Guidelines as a guide. The Plan will
reflect best practices for addressing contemporary planning issues, such as retail trends, transportation technology,
and community health. It is expected that the cross -cutting topics of climate change, sustainability, resiliency, and
Scope of Work, 3/27/18 Rohnert Park Ge=neral Piaci Update & EIR Page 9 of 20
healthy communities would be themes addressed throughout the Plan, rather than separate, standalone elements;
however, we will discuss options with City staff.
The Consultants will prepare an Administrative Review Draft General Plan that is attractive, contemporary, and
user-friendly, using extensive photos, illustrations, and maps. The Plan will include an Introduction and Table of
Contents, and, at a minimum, will address the following topics in an organization to be determined in consultation
with City staff.
Land Use and Growth Management Element
Based on the direction from the City Council during Phase 4, the Consultants will prepare an updated Land Use
and Growth Management Element that includes a new General Plan Land Use Diagram (see Task 5.4). As part of
the Update, a review of the current land use designations will be conducted in relation to the growth areas to
determine if adjustments are needed to achieve desired development. The Element will be updated to reflect all
adopted Specific Plans and best practices for growth management, smart growth, and sustainable development.
Economic Development Element (New Element)
The Consultants will prepare an Economic Development Element to provide guidance on the implementation of
the City's economic strategies and goals. The Element will identify key goals derived from the community
engagement process and informed by the economic and fiscal analysis. Goals may include such areas as
generating living wage jobs for the local workforce, enhancing retail shopping opportunities, expanding visitor
services and accommodations, capitalizing on key economic assets such as the university and other major
circulation and infrastructure improvements, and maintaining a sound fiscal foundation for the community. The
Element will also identify outside partners and agencies with whom the City may collaborate to achieve certain
goals, including the County Economic Development Board, the Chamber of Commerce, the Workforce
Development Board and others as appropriate.
Community Design Element
The Consultants will review and update the Community Design Element to reflect recent planning efforts and
address changes that may be needed to better address the Priority Development Area Plan and Downtown Rohnert
Park Form -Based Code, as well as best practices in urban design.
Transportation Element
The Consultants will review and update the Transportation Element to ensure compliance with the Complete
Streets Act and SB 743 and ensure the Element encompasses the full range of transportation modes, including
vehicular, transit, pedestrian, and bicycle. The Consultants will conduct an evaluation of non -roadway
transportation systems at a qualitative level that will reflect the City's Bicycle and Pedestrian Master Plan.
Drawing upon our team's extensive experience with transit and pedestrian planning, we will advise City staff on
modifying or revisions to policies in the updated General Plan, and to develop a complete streets approach that
meets State requirements and that supports the City's policies and values. The Consultants will also develop
policies regarding vehicle miles traveled (VMT) to aid in implementation of the General Plan after SB 743 goes
into effect on January 1, 2020.
As part of the Transportation Element, the Consultants would work with City staff to develop an alternative VMT
reduction threshold and the supporting substantial evidence required for future applications.
Open Space, Parks, and Public Facilities Element
The Consultants will review and update the Open Space, Parks, and Public Facilities Element to reflect current
conditions and needs in the community. The open space and parks component of the element will be an important
part of the healthy communities policies included in the Update.
Relative to public facilities, the element will be updated to ensure adequate infrastructure and associated
municipal services are provided to existing and future development in the community. This will be an important
aspect of development in the growth areas west of Highway 101. For the new growth areas, the Consultants will
Page 10 of 20 _ Rohnert Park General Plan Update & EIR Draft Scope of Work, 2/28/18
work with City staff to understand available capacity and discuss capital improvements that may be required to
adequately serve these areas.
Environmental Conservation Element
The Consultants will review and update the Environmental Conservation Element to reflect current conditions and
needs in the community. Key topics to address in the Update will be updates to special status species habitats,
coordination with regional groundwater quality guidance, and changes in air quality components and their ties to
meeting new State requirements. New State requirements to address in this element include:
• New requirements for addressing cultural resources and consultation with Native Americans (SB 18,
AB 52); and
• SB 379 added requirements to address climate adaptation and resiliency strategies.
Health and Safety Element
This element will be updated to reflect current conditions in the community relative to health and safety factors.
Many of these updates will be in the section dealing with emergency management (e.g., preparedness, police,
fire). An additional topic to evaluate in the Update will be wildfires. In the current General Plan, urban areas
subject to higher levels of wildfire risk were considered to not be applicable. Given recent wildfires in the region,
additional scrutiny and planning is warranted.
Relative to changes in State law, the update will look at the more stringent requirements for addressing flood risks
(SB 5, AB 162) and how these may require updates in this Element.
Noise Element
A key aspect of the update will be to evaluate the changes to the noise environment, as assessed in the noise
modeling prepared of the preferred land use and circulation alternatives and provide policy changes that may be
needed to address these changes. As part of the development of this Update, we will also discuss with City staff
the potential to integrate this topic into the Health and Safety Element.
Housing Element
The Housing Element, which was recently updated, will be integrated into the General Plan Update when the final
documents are prepared. The Consultants will prepare any necessary amendments to the Housing Element to
ensure it is consistent with the General Plan and will assist the City in coordinating with HCD on their review of
the updated Housing Element, if necessary. While there has been a significant amount of new legislation affecting
housing elements, most of these changes do not go into effect until the next housing element cycle (i.e., 2023) and
will not need to be addressed during this General Plan Update. The only changes to the General Plan that are
likely to necessitate revisions to the Housing Element are changes to the Land Use Map that impact the Housing
Element sites inventory. However, in our experience, HCD will likely also request a status review and update of
the implementation program time frames.
New State Requirements
As part of recent legislative changes, a number of new topics must be addressed in the General Plan Update. The
following topics will be addressed by modifying or adding new goals, policies, and implementation actions into
the elements described previously.
Environmental Justice. A new requirement for 2018 is addressing Environmental Justice (SB 1000).
General plan updates adopted after January 1, 2018 must include an environmental justice element or
include goals, policies, and objectives in other element(s) of the general plan addressing health risks in
disadvantaged communities. We will ensure the General Plan Update meets all current requirements by
updating existing elements in Rohnert Park's General Plan.
Sustainability and Resiliency. The updated General Plan will address greenhouse gas (GHG) emissions
reduction, climate change adaptation and resiliency, and sustainability, likely integrated throughout the
Scope of Work, 3/27/18 Rohnert Park General Plan Update & EIR Page 11 of 20
other elements of the General Plan. Changes required are covered in a number of Executive Orders, as
well as changes in State law covered under AB 32, SB 375, SB 197, and SB 32.
Healthy Communities. With increasing attention on the connection between the built environment and
public health, most general plans today are incorporating healthy community policies. Since community
health is a cross -cutting topic, we expect to address it as a major theme throughout the other General Plan
elements (e.g., land use, transportation, open space and parks).
Implementation Strategy
The Consultants will prepare an action -oriented implementation strategy that includes discrete, tangible actions
the City will undertake to implement the goals and policies. We will write the implementation program document
to assist the City in developing future budget and work programs for infrastructure and services to high priory
projects identified in the new General Plan.
Task 5.4: Prepare Draft Land Use and Circulation Diagrams
The Consultants will prepare an updated General Plan (Land Use) Diagram and Circulation Diagram as part of the
Administrative Draft General Plan. We will update the Land Use Diagram with any changes made to the
designations and locations they apply based on the preferred alternative. For the Circulation Diagram, we could
use VMT to develop roadway standards instead of or in addition to LOS standards (if the VMT option is desired).
Task 5.5: Preliminary Public Review Draft General Plan
Based on direction from City staff, the Consultants will revise the Administrative Review Draft General Plan and
prepare a Preliminary Review Draft General Plan for review and confirmation by the Planning Commission and
City Council. We recommend the Planning Commission and City Council review and confirm a preliminary draft
of the changes to the General Plan before preparation of the EIR. This approach helps reduce the potential for
major changes to the Plan during or after the environmental review process.
Task 5.6: Joint Study Sessions
The Consultants will conduct up to five (5) joint study sessions with the City Council and Planning Commission
to review and confirm the changes to the General Plan. The Planning Commission will recommend any final
revisions or adjustments to the City Council. The City Council will then provide direction on any final revisions
or adjustments to the General Plan prior to the preparation of the EIR.
Task 5.7: Public Review Draft General Plan
Based on direction from the City Council, the Consultants will prepare the Public Review Draft General Plan for
publication and environmental review.
Task 5.8: Newsletter #4: Draft General Plan
The Consultants will prepare a newsletter summarizing the Public Review Draft General Plan that provides
highlights of the key features and changes in the new General Plan.
Task 5.9: Community Open House: Draft General Plan
Upon release of the Public Review Draft General Plan, the Consultants will facilitate an open house to present the
Plan to the community. The open house could be set up in the format where residents can visit stations or
"booths" focused on each element of the Plan. City staff and Consultants will be stationed at each booth to discuss
the elements, answer questions, and gather feedback. The Consultants will promote the public review process and
hearings for the General Plan.
Task 5.10: General Plan Consultation and Referrals
State law requires consultation with a variety of Federal, State, regional, and local agencies whenever a
jurisdiction updates or amends its general plan. These statutes are located throughout the Government Code and
have varying requirements for when draft and final documents must be submitted and how long agencies have to
Page 12 of 20 Rohnert Park General Plan Update & EIR Draft Scope of Work, 2/28/18
review and provide comments. We maintain a checklist of agency consultation requirements that we will use to
ensure the City provides the Public Review Draft General Plan to the appropriate agencies.
Products:
• General Plan Audit Report (digital version)
• TAC Meeting Materials and Summary Report (digital version)
• Administrative Review Draft General Plan (digital version)
• Draft Land Use and Circulation Diagrams (digital version)
• Preliminary Public Review Draft General Plan (25 hard copies, digital version)
• Newsletter #4 (100 hard copies, digital version)
• Joint Study Session Meeting Materials and Summary Report (digital version)
• Public Review Draft General Plan (25 hard copies, CD, digital version)
• Community Open House Display Boards
Phase 6: Program Environmental Impact Report
Task 6.1: Notice of Preparation
The Consultants will work with City staff to develop a project description and will prepare a draft Notice of
Preparation (NOP) for City staff to review. The NOP is intended to alert other public agencies about the
undertaking and to solicit their input on the scope of the study. The Consultants will submit a final PDF copy of
the NOP to City staff for posting on its website and for distribution to public agencies. It is assumed that the City
will distribute the NOP using the City's NOP distribution list. The Consultants will review and make suggestions
regarding the list. The Consultants will be responsible for filing the NOP with the State Clearinghouse/OPR.
Task 6.2: Scoping Meeting
The Consultants will facilitate a public and agency scoping meeting associated with the release of the NOP. The
Scoping Meeting will be held during the 30 -day NOP period to introduce the community to the EIR process and
obtain input on the Program EIR scope of work. It will include a brief presentation, followed by public comment
and input from meeting attendees. The Consultants will prepare a summary of all input gathered, which will be
included in the Draft Program EIR along with any written public comments received during NOP comment
period.
Task 6.3: Administrative Draft Program EIR
The Consultants will prepare an Administrative Draft Program EIR (ADPEIR) in compliance with CEQA
requirements using information gathered as part of the General Plan update effort and comments on the NOP, as
well as information from other relevant CEQA documents completed by the City in recent years. The Consultants
will be responsible for development of a legally -adequate and appropriate Program EIR for the General Plan.
The Consultants will prepare the ADPEIR based on the project description approved by the City Council.
We will introduce each topical section in the environmental analysis with a brief statement of its context in the
ADPEIR and the development of the General Plan. This effort may include interpretive information for the reader
to better understand how the General Plan affects the environment, as well as the sources of data used in the
analysis.
We will determine the number of impacts to be analyzed and the depth of analysis based on areas of concern
identified by the Consultants and City staff, as well as responses to the NOP. Thresholds we use to determine the
significance of project impacts will be clearly stated and will include thresholds in the CEQA Guidelines,
Appendix G, as well as existing regulatory standards, if applicable. We will identify Impacts and prepare
mitigation measures to reduce significant impacts to a less -than -significant level, when feasible. For each
potentially significant impact identified in the ADPEIR, the Consultants will identify mitigation measures or
Scope of Work, 3/27/18 Rohnert Park General Plan Update & EIR Page 13 of 20
policy statements proposed by the City as part of the General Plan Update to avoid or reduce identified impacts.
We will construct mitigation measures as policy statements or implementation measures to facilitate incorporation
into the General Plan.
In order to prepare an ADPEIR that meets the needs of the City and regulatory requirements of the State, the
ADPEIR will comprise the following sections:
Executive Summary. This section will provide a summary of the entire ADPEIR and include the following:
• a discussion of the project objectives;
• a brief description of the proposed project;
• a summary of the environmental setting for the Planning Area;
• a summary of impacts;
• a summary of mitigation measures (mitigating policies or programs);
• a discussion of alternatives considered; and
• areas of controversy, and issues remaining to be resolved.
Introduction. The ADPEIR will contain an introductory chapter that provides an overview of the project and
context, summarizes CEQA requirements and the environmental review process, describes the legal purpose of
the ADPEIR, outlines the environmental issues being addressed, and presents the organization of the report.
Project Description. This section will contain the City's objectives for the General Plan Update and a summary
of the General Plan components. It will also outline the Planning Area boundaries and any changes in land uses
proposed.
Environmental Setting. Compiling existing conditions information will involve reviewing existing and draft
documents (e.g., existing General Plan elements, specific plans, special studies, EIRs) and contacting appropriate
agencies and organizations serving the community. The Consultants will describe the information in a mix of text,
tabular, and graphic form (i.e., maps and diagrams).
Analysis, Impacts, and Mitigation Measures. The environmental analysis section will include four main
components:
• Setting — description of current conditions with respect to the issue in question, including the existing
regulatory environment
• Impact analysis — statement of significance thresholds and discussion of potentially significant effects of
the proposed project
• Programmatic mitigation measures — methods by which significant effects can be reduced or eliminated,
often presented as General Plan policies to be introduced back into the plan
• Level of significance after mitigation — discussion of whether proposed mitigation measures reduce
impacts to below the adopted significance threshold
We will consider adverse impacts that meet or exceed significance thresholds significant. Additionally, all
impacts will be characterized in terms of short- or long-term effects and presented in a logical discussion that the
public can understand. We will discuss any inconsistencies with local or regional plans.
Issues to be analyzed in a programmatic framework will include:
• Aesthetics
• Agriculture
• Air Quality
• Biological Resources
• Cultural Resources
• Geology and Soils
• Greenhouse Gas Emissions
• Mineral Resources
• Noise
• Population and Housing
• Public Services
• Recreation
• Transportation and Traffic
• Tribal Resources
Page 14 of 20 Rohnert Park General Plan Update & EIR Draft Scope of Work, 2/28/18
Hazards and Hazardous Materials • Utilities and Service Systems
Hydrology and Water Quality • All the mandatory CEQA sections including
Land Use and Planning energy and growth inducement
We will discuss approaches to the impact analysis for the Program EIR with City staff and will be consistent with
the assumptions and methodologies used in recent City -certified EIRs to the extent possible. In general, the
irni}act analysis will ['acus on the issues present in the Planning Area and likely to be affected or impacted by the
General flan lJpda.te. Some issues, such as agriculture and mineral resources may not require a detailed analysis
relative to other issues because they do not occur in Rolnnert Park or would be unaffected by the project.
Greenhouse Gas Emissions Analysis
The Consultants will conduct necessary analysis to address CEQA Guidelines Section 15064.4. The
Consultants will prepare the GHG section of the ADPEIR addressing the contribution of GHG emissions
generated by buildout of the General Plan and their contribution to cumulative impacts related to climate
change. Potential impacts and mitigation measures will be coordinated with the recommended targets and GHG
emission reduction potential of the updated General Plan's policies and program.
Prepare GHG Forecasts and Reduction Targets
Based on the GHG emission inventory (conducted in Task 2.2), the Consultants will prepare GHG emissions
forecasts (e.g., "business -as -usual") for communitywide sources for two future -year scenarios: 1) without
applicable legislative actions; and 2) with reductions associated with implementation of adopted I{ ederal and
State legislation (e.g., renewable energy portfolio standards, California Green Building Code standards, vehicle
emissions controls, fuel efficiency standards). The Consultants will forecast GHG emissions for 2020
(consistent with AB 32), 2030 (consistent with SB 32), and 2050 (consistent with Executive Order B- S-3-05),
along with the GPU buildout year (i.e., 2040).
The Consultants will also calculate GHG reduction targets required to meet the City's local fair share of the
State's 2020 and 2030 GHG reduction goals in Ala 32 and SB 32, per guidance from CARR in the 2017
Scoping Plan Update and the 2017 General Plan Guidelines.
QJua►nijy GHG Reduction Measures and Perform Gap Analysis
The Consultants will quantify the GHG reduction potential of proposed General Plan policies and programs,
and conduct a "GHG reduction gap analysis" to determine whether the proposed policies and programs in the
Draft General Plan can achieve the City's GHG reduction targets and goals.
As part of the GHG quantification process, the Consultants will evaluate and prioritize policies and actions
using the following or similar criteria:
• Quantified VMT or trip reduction potential;
• Quantified energy conservation or fuel savings potential;
• Quantified renewable energy generation potential;
• Quantified water efficiency and conservation potential;
• Quantified solid waste reduction and recycling potential;
• Administrative/political responsibility and feasibility. implementation costs, possible funding sources,
and public and private sector implementation partners.
We will add all information, assumptions, and target indicators used to quantify GHG emissions reductions
required to meet the targets unto the ADPEIR as a technical appendix, creating a single, master data -set for the
GHG reduction analysis, if it is determined during preparation of the ADPEIR that the identified draft policies
and program are not enough to achieve the City's reduction targets and goals, the Consultants will increase
paiiicipation rates of GHG reduction actions or identify new potential GHG reduction policies and actions to
fill the gap. if needed.. revised or new policies and implementation programs will be added to the General Plan
and/ or recommended as mitigation measures.
A
Scope of Work, 3/27/18 Rohnert Park General Plan Update & EIR Page 15 of 20
The Consultants will develop future daily traffic forecasts at up to 30 roadway segments and 15 intersections in
the study area for the final Preferred Alternative (Project). The forecasts will be developed using the latest
version of the SCTA travel demand model at the time of the commencement of the forecasting task. Where
existing counts are available, the Consultants will adjust the forecasts to account for model error before using
them in subsequent operations analysis. The Consultants will conduct roadway and intersection level of service
analysis for these segments, using LOS volume thresholds developed in consultation with City staff. The
Consultants will work with the City to review significance criteria that will be used to evaluate the
transportation system. It is anticipated that the alternatives analysis and setting of goals and policies will result
in a land use and transportation plan that is self -mitigating to the extent feasible.
The Consultants will prepare vehicle miles of travel (VMT) metrics for the existing and Preferred Alternative
scenario. The Consultants will also analyze the transit and non -motorized impacts of the Preferred Alternative
scenario and recommend mitigation measures to address potentially significant impacts of the General Plan.
Alternatives Analysis. A range of alternatives will be considered in the ADPEIR. State CEQA Guidelines require
consideration of the "No Project" Alternative. For purposes of this Program EIR, the No Project Alternative
would be a continuation of the existing General Plan without any updates or additions. In addition to the "No -
Project" Alternative, the Consultants will consider other alternatives (such as alternative land use scenarios) that
were developed during the General Plan Update. Evaluation of alternatives will be in less detail than that for the
proposed project, though the analysis will provide decision -makers and the public adequate information to decide
between alternatives. This section will also identify the "environmentally superior alternative." If the "No Project"
Alternative is determined to be environmentally superior, the ADPEIR will identify the environmentally superior
alternative among the remaining scenarios.
For transportation impacts, the Consultants will review the latest version of the SCTA travel demand model to
determine its current level of validity for the purpose of developing forecasts for the General Plan alternatives
analysis and EIR. The Consultants model review will use the collected traffic count volumes to determine if
additional calibration or validation of the travel demand model is required. We assume that the current baseline of
the SCTA travel demand model would be suitable for alternatives analysis forecasting and this scope of work
does not assume that a re -validation of the current SCTA model would be required as part of this project. We will
rely on the updated SCTA travel demand model as the source of final forecasts for the preferred General Plan
alternative when the updated model is available (projected to be late 2018). As the current SCTA travel demand
model is not suitable for the estimation of vehicle miles traveled (VMT) per guidelines from the State Office of
Planning and Research (OPR), the Consultants will prepare existing and horizon year 2040 VMT estimates using
the Metropolitan Transportation Commission (MTC) travel demand model.
Cumulative Impacts. We will evaluate cumulative impacts based on planning documents for the Planning Area.
We will also estimate and discuss the contribution of the proposed project to the overall cumulative impacts.
Other CEQA Sections. The ADPEIR will provide, in addition to the sections discussed above, all other required
CEQA sections, including areas of known controversy, growth inducement effects, energy, and significant
unavoidable impacts.
Task 6.4: Staff Review/Screen Check Draft Program EIR
The Consultants will incorporate City staff input into the ADPEIR and provide City staff with digital versions of
the ADPEIR in both Word and PDF formats. City staff will conduct one review of the ADPEIR and provide
consolidated comments and edits. The Consultants will incorporate appropriate revisions and prepare a Screen
Check Draft Program EIR. We will provide the Screen Check version in a digital format.
Task 6.5: Draft Program EIR
Once City staff approves the Screen Check Draft Program EIR, the Consultants will prepare the Draft EIR for
public circulation. The Consultants will prepare and distribute the required copies of the Draft Program EIR to the
State Clearinghouse, including all required accompanying forms, such as the Notice of Completion (NOC). The
Page 16 of 20 Rohnert Park general Plan Update & EIR Draft Scope of Work, 2/28/1.8
Consultants will also file the Notice of Availability (NOA) of the Draft Project EIR with the Sonoma County
Clerk. It is assumed that City staff will distribute the NOA of the Draft Program EIR to responsible agencies, and
interested agencies, organizations, and persons. It is also assumed that the City will be responsible for required
newspaper ads and other public noticing of the document's availability, such as radius label mailing or onsite
posting. As required by State law, the Draft Program EIR will be circulated for public review for a minimum of
45 days.
Task 6.6: Response to Comments
Within three weeks of receipt of all comment letters on the Draft Program EIR, the Consultants will submit a draft
Response to Comments to City staff for review. The Response to Comments document will include a list of
commenters, comment letters, responses to comments, and any added or revised text of the Draft Program EIR
that may be necessary. All responses will include reasoned analysis and, as necessary, will include additional
analysis. The final version of the Response to Comments will be incorporated as an appendix to the Final Program
EIR. The scope and budget assume a level of effort that would include 100 hours of staff time for this task. This
assumes receipt of approximately 15 to 25 comment letters. If the number of comment letters and the effort to
prepare responses is greater than anticipated, the Consultants will notify City staff immediately and discuss
options to amend our scope of work and budget as necessary. Following receipt of City staff comments, the
Consultants will finalize the Response to Comments.
Task 6.7: Mitigation, Monitoring, and Reporting Program
Concurrent with the Response to Comments, the Consultants will prepare a Mitigation Monitoring and Reporting
Plan (MMRP), which will be included in the Final Program EIR. The MMRP will be provided in a format
designed for use by planners, environmental monitors, or code enforcement officers. Essentially, this plan will
take the form of a detailed table that describes:
• Persons/agencies responsible for monitoring compliance with each condition
• Timing when monitoring must occur
• Frequency of monitoring
• Criteria to be used to determine compliance with conditions
The final version of the MMRP will be incorporated as an appendix to the Final Program EIR.
Task 6.8: Final Program EIR
The Consultants will complete the Final Program EIR after the review period has closed and all comments
submitted during that period have been received. The Final Program EIR will include corrections to the Draft
Program EIR (if warranted), comments received, and responses. The Consultants will prepare a Screen Check
Final Program EIR for City staff review and confirmation foliowed by a Final Program EIR after incorporating
comments from City staff. The Consultants will produce print and digital copies of the Final Program EIR. Within
one day of Final Program EIR certification and project approval, the Consultants will submit the draft Notice of
Determination (NOD) to City staff for delivery to the County Clerk and/or State Clearinghouse.
Products:
• Draft and Final Notice of Preparation (digital version and submittal of copies of the NOP with the State
Clearinghouse)
• Scoping Meeting Materials
• Administrative Draft Program EIR (2 hard copies and 10 CD copies to the City)
• Screen Check Draft Program EIR (digital version)
• Draft Program EIR (10 hard copies and 10 CD copies sent to the City and 15 hard copies of the Executive
Summary and 15 CD copies of the Draft Program EIR submitted to the State Clearinghouse, NOA
submitted to the County Clerk)
• Response to Comments (digital version)
• Mitigation, Monitoring, and Reporting Program (digital version)
Scope of Work, 3/27/18 Rohnert Parte General Plan Update & EIR
Page 17 of 20
• Final Program EIR (10 hard copies and 15 CD copies to the City)
Phase 7: Adoption
Task 7.1: Planning Commission Hearing
The Consultants will attend a public hearing with the Planning Commission to review the Draft General Plan and
Draft Program EIR. The Planning Commission will consider the comments made during the public hearing and
make recommendations to the City Council.
Task 7.2: City Council Hearings (2)
The Consultants will attend two public hearings with the City Council to review the Draft 2040 General Plan and
Draft Program EIR. At these hearings, the City Council will consider the Planning Commission recommendations
and the comments made at the public hearings. After the hearings, the City Council will direct the Consultants to
incorporate their recommendations and prepare the Final General Plan and Final Program EIR.
Task 7.3: Final General Plan Documents
Following public review of the Draft General Plan, the Consultants will prepare the Final General Plan for
adoption.
Task 7.4: City Council Adoption Hearing
The Consultants will attend one hearing with the City Council for certification of the Final Program EIR and
adoption of the Final 2040 General Plan.
Task 7.5: Web -Based General Plan
The Consultants will design the final General Plan as an interactive web -based General Plan. The web -based plan
will not simply be a document that is published online but will be a dynamic communication tool that provides
transparency, accessibility, and efficiency in local government.
The web -based plan will be highly graphical and structured and designed to meet the specific needs of the City. It
will be fully searchable, allowing decision -makers and other users to quickly locate relevant information. The
online format will allow cross-referenced links to related policies, programs, maps, or background information.
Products
• Tracking of comments and recommendations (all meetings, digital versions)
• Final 2040 General Plan (100 hard copies, 100 CDs, digital version, 2 unbound originals for
reproduction)
• Color Land Use Element Exhibits (100 copies, sizes and scales to be determined)
• Compilation CD with all milestone documents, data, and GIS files (3 CDs)
• Web -based General Plan
Phase 8: Project Management and Additional Community Outreach
Task 8.1: Project Management
Throughout the General Plan Update process, the Consultants will proactively identify issues, immediately bring
those issues to the attention of City staff, identify potential solutions, and coordinate with City staff as to the best
course of action. The Consultants will participate in regular project management conference calls and will use
email communications and have telephone conversations with City staff, as needed, during the course of the
project. The Consultants will prepare monthly invoices with status reports documenting the progress made each
month on completing the project, and review and update the schedule when necessary.
Page 18 of 20 Rohnert Park General Plan Update & EIR Draft Scope of Work, 2/28/18
Task 8.2: Website and Online Engagement Maintenance
Project Website. The Project Website will serve as the Isub of project costununiCaLion and information, including
an overview of the project, announcements about upcoming meetings and information on {cast meetings and
events, document library, and contact information. It is assumed that the City will link to this website from the
City's General Plan web page and/or City's Home page.
Engagement 1-1Q. In addition to the Prc ject Website as an information portal, we also propose to use Engagement
l-IQ software tools to develop an exciting platform for online public engagement. Engagement HQ allows us to
engage witlt the community through surveys, opinion palls, discussion forursls, photo shasring, mapping exercises,
and more. It also offers analysis and reporting tools to understand who is participating and easily summarizes
community inputs. During the General Plan Update, we will use this tool to poll the community on a range of
topics.
If desired, the Consultants will also train City staff to administer the site, so it can be maintained beyond the
General Plan Update project as an ongoing forum for general civic engagernent. We will use Engagement HQ
software for active public engagement over a 12-month period during tlse development of the General Plan, with
the site maintained (no interactive features) during the public review portions of the project. Costs for this item
are listed under Direct Expenses.
Online Mapping. As part of the public education piece, we will use online mapping tools, such as ESRI ArcGIS
[inline and ES1Z1 Story Map, to inform the public by providing easy, on I ine access to geographic data. We will
use this tool to display key information from the existing conditions assessment as well as land use alternatives
developed for consideration.
Social Media. As part of the Update process, we will provide content for social media posts that City staff can
publish on the City of Rohnert Park local Government Faeebook
(littps://www.facebook.comICityofRoi)neilPark),,rwitter (lstips://twitter.com/RohnertilarkCity), Nextdoor
{lett as:/lrsextdnor.cnrnlcl lrolusert- park--cal}, and other City social media feeds at key points in the Update
process.
Task 8.3: Ongoing Communication
Email Blasts. As part of the Update process, the Consultants will work with the City to develop a project-specific
email notifications that the City will distribute using the City's existing e-notifier system. Additional e-mail
addresses for interested individuals that are collected by the Consultants at meetings, events, or the Project
website will be provided to the City to add to their current notification lists.
Press Releases. Prior to every community workshop, we will prepare and distribute news releases to inforrst
rnedia outlets serving the community about upcoming meetings and ensure accurate coverage that sets realistic
expectations for what the General Plan does and does not do.
Translation Services. Ensuring that the process is inclusive and accessible to all segments of the community is
an important goal of every General Plan Update. We will provide meeting notices in English and Spanish, with an
offer to provide translation services at workshops if requested. For verbal translation services, we have found that
individuals are more comfortable participating in the planning process when a local community group or
organization is involved. If appropriate, we will work closely with local organizations and individuals to reach out
to non-English speaking communities and ensure they are engaged in the process.
Task 8.4: Pop-up Booth for Festivals and Events
Booths at Festivals and Events. The Consultants will provide materials for City sta Il, supported by Sonoma
State University (SSU) student planners working for the Consultants, to set up a "pop-up" booth at up to four sets
of festivals and events in Rohnert Park. The booth would feature boards and hand-outs that provide an overview
of the General Plan Update, information on opportunities to get involved, and depending on which phase of the
project we are in, exercises that are similar to the exercises from the most recent community workshop. Students
Scope of Work, 3/27/18 Rohnert Park General Plan Update & EIR Page 19 of 20
would be assigned to staff the booth and engage with community members. It is assumed that City staff will
attend and run the booth with support from the student planners.
Materials will be provided relative to the following four major components of the Update: 1) project overview, 2)
issues and opportunities exercise, 3) alternatives exercise, and 4) draft General Plan. Materials will be provided
relative to 1) project overview, 2) issues and opportunities exercise, 3) alternatives exercise, and 4) draft General
Plan.
General Plan Headquarters. The City is planning to use the former RE/MAX building site as the "General Plan
Headquarters". The General Plan Headquarters will be staffed by City staff (days and hours to be determined)
and allow community members to drop-in and find out more about the General Plan Update. The Consultants will
work with City staff to prepare signs, banners, and appropriate materials to advertise the location and educate the
community about the project. The Consultant will provide materials to support the Headquarters at key points in
the project. Materials will be provided relative to the following four major components of the Update: 1) project
overview, 2) issues and opportunities exercise, 3) alternatives development, and 4) draft General Plan. Materials
will be provided relative to 1) project overview, 2) issues and opportunities exercise, 3) alternatives exercise, and
4) draft General Plan.
City Hall Displays. Like the booths at festivals and events, the Consultants will provide materials for City staff to
display at City Hall. These displays will provide timely information on the Update process, provide posters on
current project developments, and provide some opportunities for interactive displays designed to gain
community input.
Minor Addendums
Due to the duration and complexity of this work, there may be occasions where changes in tasks, products, or
deliverables may be in the best interest of the City of Rohnert Park. Such changes may be authorized in writing
by the City's Project Manager and agreed upon by the prime Consultant (Mintier Hamish).
Contingency
The project budget contains a line item for Contingency. Contingency funds are provided to address other items
related to the completion of the General Plan Update that cannot be foreseen or projected at the time of contract
authorization. Use of Contingency funds must be authorized in writing by the City's Project Manager and will be
added to the total amount authorized for expenditure.
Page 20.o{ 20 Rohnert Park General Plan Update & EIR Draft scope of Work, 2/28/18
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