hanford gp & zo rfp
TRANSCRIPT
November 4, 2011 Dear Consultant:
MAYOR SUE SORENSEN
VICE-MAYOR JOLEEN J. JAMESON
COUNCIL MEMBERS DAN CHIN JIM IRWIN
LOU MARTINEZ
CITY MANAGER HILARY M. STRAUS
CITY ATTORNEY ROBERT M. DOWD
V|àç Éy H A N F O R D CALIFORNIA 93230 CITY OFFICES 317 NORTH DOUTY STREET
The City of Hanford is requesting proposals for professional services from qualified consulting firms to prepare a comprehensive General Plan (GP) and Zoning Ordinance (ZO) update, along with the accompanying environmental review/reports. The purpose of a General Plan Update is to serve the City for the next 10 years without significant revision, comply with state regulations, and provide the community with a vision for the future containing policies and guidelines for the way land is developed and used. The GP will incorporate goals, objectives, policies, and programs for six elements, addressing both the Climate Action Plan and the Downtown East Precise Plan as influential components of the GP. There are six important and distinctive features of this GP that will need to be included: 1) goals, objectives, policies, and programs for elements in land use, circulation, open space, conservation, recreation, hazard management, public facilities, and service; 2) Environmental Justice policies and principles; 3) strong Public Engagement program; 4) the City’s approach of promoting “Red Carpet, not Red Tape”; 5) an environmental analysis - Program EIR; and 6) the zoning ordinance update, which may include specific planning. Firms interested in this project should send their proposals to the attention of Melody N. Haigh, City of Hanford, 317 N. Douty Street, Hanford, CA 93230 by 5:00 p.m., Friday, December 19, 2011. All firms planning to submit proposals are required to attend a proposer’s conference on December 6, 2011 at 1:30 p.m. in the training room at the City of Hanford Offices. If you should have any questions or require additional information regarding this project, you may contact me at (559) 585-2583 or e-mail me at [email protected] . Sincerely,
Melody N. Haigh Melody N. Haigh, Senior Planner cc: Enclosure
♦ Planning: 559-585-2580 ♦ Facsimile: 559-583-1633
PUBLIC NOTICE
REQUEST FOR PROPOSALS
General Plan and Zoning Ordinance Update
Release Date: November 4, 2011
Deadline for Submission: December 19, 2011 @ 5:00 P.M.
Contact person: Melody N. Haigh, Senior Planner [email protected]
559-585-2583
CITY OF HANFORD 317 N. Douty Street Hanford, CA 93230
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TABLE OF CONTENTS I. General Project Description ................................................................................... 1 Aerial Map ...................................................................................................... 2 A. General Plan Background .............................................................................. 3 General Plan Map .................................................................................. 4 B. Zoning Ordinance Background ....................................................................... 5 Zoning Ordinance Map ........................................................................... 6 C. City Information/Sphere of Influence Map .................................................. 7, 8 D. Policy Documents .......................................................................................... 9 E. Desired General Plan and Zoning Ordinance ............................................... 10 F. Desired Consultants ..................................................................................... 11 II. Scope of Work ...................................................................................................... 12 A. Required Elements ....................................................................................... 13
• Land Use Element ................................................................................ 14 • Circulation Element .............................................................................. 14 • Open Space, Conservation & Recreation Element .............................. 15 • Hazards Management Element ............................................................ 15 • Public Facilities and Service Element .................................................. 16
B. Additional Component .................................................................................. 16 • Public Engagement Component ........................................................... 16
Public Engagement Program Design ............................................ 17 Neighborhood Area Map ............................................................... 19
C. Environmental Document and Approvals ...................................................... 20 D. Zoning Ordinance ......................................................................................... 21 E. Additionally Requested Work Components – Add/Deduct Items .................. 21
• Subdivision Ordinance Update ............................................................. 22
III. Required Deliverables .......................................................................................... 23 IV. Consultant Selection Schedule and Project Timeline ........................................... 23 V. Contact Person .................................................................................................... 23 VI. Budget…. ............................................................................................................. 24 VII. Proposal Content and Organization ..................................................................... 24 VIII. Proposal Evaluation and Consultant Selection ..................................................... 27 IX. Modifications or Withdrawal of Proposals ............................................................. 27 X. Rejection of Proposals ......................................................................................... 28 XI. Contract Award .................................................................................................... 28
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I. General Project Description
The City of Hanford is requesting proposals for professional services from qualified consulting firms to prepare a comprehensive General Plan (GP) and Zoning Ordinance (ZO) update along with the accompanying environmental review/reports. An Environmental Impact Report (EIR) will be required for this project as growth and environmental issues are needed to be addressed in order to keep the GP and ZO current and legally defensible. In addition, environmental justice principles should be addressed in both the GP and ZO. Environmental Justice (EJ) is defined by the Environmental Protection Agency (EPA) as “fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies”. A general plan states a desired vision for the community’s future containing policies that guide the way land is developed and used. State law requires that each city adopt a general plan “for the physical development of a city and any land outside its boundaries which bears relation to its planning” (§65300). In addition, a general plan should be updated periodically, preferably every ten years. Since a GP is the foundation for establishing goals, purposes, land use, and activities it also provides compatibility and continuity to the entire city and individual neighborhoods. It expresses the community’s development goals and embodies public policy relative to the distribution of future land uses, both public and private. A city’s GP is its constitution for development and is comprised of seven required elements: Land Use Element, Circulation Element, Housing Element, Conservation Element, Open Space Element, Noise Element, and Safety Element. In the San Joaquin Valley, there is also a required Air Quality Element. Elements may be combined, rather than having eight stand-alone elements. Other cities and counties have addressed optional elements depending on the importance of the community’s issues such as: health, education, climate change, economy, environment, public engagement, and social equity. The zoning ordinance is the local law that spells out the immediate, allowable uses for each piece of property within the community and is in response to the California Planning and Zoning Law (§65000 – §65800). In all counties and general law cities, zoning must comply with the general plan. The purpose of zoning is to implement the policies of the general plan. The City of Hanford’s ZO will support and help to carry out policies and goals of the GP.
The GP, ZO, EIR, and Public Engagement Program are all key components of the update. The general plan update will address six (6) state mandated elements as described in the scope of work section of this RFP. One key objective to both the General Plan and Zoning Ordinance update is to reformat the existing GP and ZO into a user-friendly document that works well as a hard copy and digitally (ie, web-based and indexed). After review and evaluation of the submitted proposal, the City will recommend the finalist to the City Council for award of contract on February 7, 2012.
CITY OF HANFORD AERIAL MAP
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A. General Plan Background The City of Hanford’s last comprehensive GP update was completed in 2002
and included six (6) elements, some of which are combined (Land Use Element, Circulation Element, [Open Space, Conservation, and Recreation Element], Hazards Management Element, [Public Facilities and Service Element], and Housing Element which was adopted separately in 2003). Seven (7) are state mandated. In recent efforts, the City has updated and adopted two (2) elements; Housing Element and Air Quality Element.
The Housing Element was completed in 2010 and certified by the Department
of Housing and Community Development in 2010. Mandated by Government Code (§65580-65589), the Housing Element law requires that each city and county identify and analyze existing and projected housing needs within their jurisdiction. The purpose is to prepare goals, policies, programs, and quantified objectives to further the development, improvement, and preservation of housing. Updating the Housing Element was a collaborative approach with all other jurisdictions within Kings County. The key components included in the Housing Element: housing needs assessment, resources and opportunities, constraints, and a housing plan were prepared by the consultant firm Conexus. The Housing Element will need to be updated in 2015 as state law requires an update every five years.
The Air Quality Element was completed in 2010. Air Quality Elements are
optional elements in California except for those located within the San Joaquin Valley. The California Government Code (§65302.1) requires all 59 cities and eight counties within the boundaries of the San Joaquin Valley Air Pollution Control District (SJVAPCD) to include air quality elements or air quality goals, policies, and implementation strategies in other elements of their general plans. The City of Hanford has provided a separate Air Quality Element of the General Plan as a means to highlight the importance of interconnecting land use, transportation, and air quality into the General Plan. The key elements mentioned in the Air Quality Element included environmental and regulatory setting, air quality and greenhouse gas policies, and monitoring and tracking. The consulting firm that prepared the Air Quality Element was Michael Brandman Associates. The Air Quality Element will need to be updated concurrently with the Housing Element.
In addition, there are two projects in current works that will intertwine with the
GP: the Climate Action Plan and the Downtown East Precise Plan. The Climate Action Plan is a county-wide project that will evaluate greenhouse gas emissions, as per AB32 (Assembly Bill/2006) and SB375 (Senate Bill/2008). This element is due for completion by September of 2012. The Downtown East Precise Plan is an infill project geared specifically to revitalize the downtown east providing changes in policy, density, building height, uses, and floor area ratio components. This Precise Plan is due for completion by October of 2012.
GENERAL PLAN MAP - UPDATED IN 2009
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B. Zoning Ordinance Background
The purpose and objectives of the zoning code is to preserve, protect, and promote the public health, safety, peace, comfort, convenience, prosperity and general welfare. In the past, the 2002 ZO listed the following objectives:
• To provide a zone plan to guide the physical development of the City in
such a manner as to achieve progressively the general arrangement of the land uses described and depicted in the general plan;
• To foster a wholesome, serviceable and attractive living environment, the
beneficial development of areas which exhibit conflicting patterns of use, and the stability of existing land uses which conform with the objectives, policies, principles and standards of the general plan;
• To prevent excessive population densities and the overcrowding of land with
structures; • To promote a safe, effective traffic circulation system, the provision of
adequate off-street parking and truck loading facilities, and the appropriate location of community facilities;
• To protect and promote appropriately located commercial and industrial
activities in order to preserve and strengthen the City's economic base; • To protect and enhance real property values and the City's natural assets; • To ensure unimpeded development of such new urban expansion that is
logical, desirable and in conformance with the objectives and policies of the general plan; and
• To provide and protect open space in accordance with the policies of the
open space element of the general plan. The City’s zoning ordinance is divided into 70 subsets under Chapter 17. This includes but is not limited to general provisions, definitions, zoning districts, and a zone plan. Additionally, it includes the ministerial and legislative process along with specialized issues such as signage, manufactured housing, fences, development standards, mobile home parks, second housing units, and wireless communication facilities, etc. The City of Hanford’s last comprehensive Zoning Ordinance update was completed in 2002 after the General Plan update. The current update will include a reformatted version along with an analysis of possible changes to zoning districts including: permitted, administrative, conditional uses, and changes that would promote the “Red Carpet” approach.
ZONING MAP - UPDATED IN 2009
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C. City Information
The City of Hanford, incorporated in 1891, has a Council/Manager form of government. Hanford is located in Kings County, which is in the South San Joaquin Valley of California, approximately 35 miles southeast of downtown Fresno. The City has a population of approximately 54,950, residing in a 16.7 square mile area. Hanford serves as the major government, commercial, industrial, residential, and transportation hub for Kings County and the surrounding vicinity. Hanford is a full-service City with 281.6 full time equivalent employees, providing services in the areas of police, fire, water, sanitary sewer including treatment, transportation capital and maintenance, economic development, redevelopment, Community Development Block Grant entitlement program, parks and recreation, airport, storm drainage capital and maintenance, code enforcement, planning, building, engineering, and refuse collection. Internal operations include administration, finance, building, and fleet maintenance. Growth is forecasted to remain strong in Hanford as the City is projected to grow to approximately 70,000 in population within the next decade. The California Department of Finance (DOF) has projected that by the year 2020, Kings County will have a population of approximately 205,707. Hanford is the county seat for Kings County and is the largest incorporated City in the County. Located in a rapidly growing region of California, the City has a diverse population that is largely comprised of populations with a white (62.5%), Hispanic (47.2%), and Black (4.9%) ethnic compositions. Many other ethnicities exist in small numbers within the City, which means that many Hanford residents have strong language skills in Spanish, Chinese, Portuguese, and other languages. The City features a charming and walkable historic downtown with several restored nineteenth and twentieth century buildings, including a Carnegie Library, Fox Theater, the old Kings County Courthouse, the art deco/Greek revival Hanford Civic Auditorium, and the Bastille (the old Kings County jail). Two other downtown Hanford landmarks are the vintage carousel in the City’s downtown Civic Center Park and Superior Dairy, a well-known ice cream creamery and parlor dating back to 1929. Many visitors arrive on the Amtrak train that stops downtown. The Hanford Station is the third busiest on the San Joaquin line. The City prides itself on its positive image as a smaller City where people have a strong sense of community and where they want to raise their families. In addition, Hanford and the surrounding areas feature many cultural amenities such as the Kings Arts Center, the Clark Center for Japanese Art and Culture and the Kings Symphony. According to DOF estimates, Hanford continues to grow at approximately a 2.9% growth rate; thriving and maintaining its community pride as evident in the refurbished buildings, the clean streets, and the many activities with our City. The City of Hanford’s motto is “Planning Tomorrows”.
2007 SPHERE OF INFLUENCE MAP
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D. Policy Documents
The most important guides for framing a General Plan Update and Zoning Ordinance come from influential reports.
• Hanford 2010 – Hanford by Design http://www.ci.hanford.ca.us/depts/cd/planning/plans.asp
- Architectural Guidelines http://www.ci.hanford.ca.us/civica/filebank/blobdload.asp?BlobID=2473 - Streetscape & Street Tree Guideline
http://www.ci.hanford.ca.us/civica/filebank/blobdload.asp?BlobID=2474 • The San Joaquin Valley Blueprint – Sustainable Communities http://www.valleyblueprint.org/ • Downtown East Planning Study http://www.ci.hanford.ca.us/depts/cd/planning/plans.asp • City of Hanford General Plan http://www.ci.hanford.ca.us/depts/cd/planning/plans.asp • City of Hanford Zoning Ordinance http://www.ci.hanford.ca.us/civica/filebank/blobdload.asp?BlobID=2398 • Five-year Redevelopment Plan
http://www.ci.hanford.ca.us/depts/cd/ed/deps.asp • 2010 Urban Water Management Plan http://www.ci.hanford.ca.us/depts/pw/utilities/uwmp05.asp • Storm Drain Master Plan http://www.ci.hanford.ca.us/depts/pw/utilities/default.asp • Airport Master Plan http://www.ci.hanford.ca.us/depts/airport/masterplan.asp • Kings County Regional Transportation Plan
http://kingscog.org/assets/2011%20RTP.pdf • Kings County Regional Bicycle Plan
http://kingscog.org/assets/2011_bike_plan.pdf • Housing Element
http://www.ci.hanford.ca.us/depts/cd/planning/plans.asp • Air Quality Element
http://www.ci.hanford.ca.us/depts/cd/planning/plans.asp • Opportunity and Constraints Land Use Report (West Hanford/Area A)
http://www.ci.hanford.ca.us/civica/filebank/blobdload.asp?BlobID=5940 • Opportunity and Constraints Land Use Report (Central Hanford/Area B)
http://www.ci.hanford.ca.us/civica/filebank/blobdload.asp?BlobID=5941 • Opportunity and Constraints Land Use Report (East Hanford/Area C)
http://www.ci.hanford.ca.us/civica/filebank/blobdload.asp?BlobID=5942 • Kings Industrial Park Performance and Development Standards
http://www.ci.hanford.ca.us/civica/filebank/blobdload.asp?BlobID=5737 • Hanford Parks, Recreation and Open Space Master Plan
http://www.ci.hanford.ca.us/depts/rec/masterplan.asp
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These reports will be made available for the consultants’ use through the City of Hanford website at: http://www.ci.hanford.ca.us/depts/cd/planning/general_plan_update/default.asp
E. Desired General Plan and Zoning Ordinance
The City of Hanford desires a comprehensive GP and ZO to be reformatted and to be a user-friendly document. The City anticipates that these documents will include utilization of available technology, graphics, charts, and photos. Text should be clear and concise with hard copy and digital compatibility.
General Plan
The GP represents a City’s vision for the future and provides a guide in achieving that vision. The updated GP must be prepared with the unique challenges, constraints and opportunities with the City of Hanford’s community in mind. The GP must address:
• Community Issues. Although there is plenty of undeveloped land that currently
exists within our current sphere of influence to accommodate growth, the City must develop strategies to maintain and improve existing neighborhoods and planned developments in a manner consistent with its long term objectives. In addition, Blueprint principles should be addressed as to how the City will stay within the existing General Plan planning boundaries (with the exception of 12th and 13th/Fargo to Flint area). The GP should be able to identify potential infill sites that can transition from obsolete or inappropriate land uses to the highest level and best use for each site.
• Identity and Image. The GP should be able to define and emphasize the City’s unique characteristics and develop goals and policies to capitalize on that unique identity.
• Be User Friendly. The GP should state the City’s vision in clear and concise
terms to provide those unfamiliar with planning or technical terms with a clear understanding. The City encourages the consultant to minimize the amount of text in favor of graphic depictions, including photos, drawings, illustration, maps, tables, and other graphic tools.
Zoning Ordinance
To achieve the highest level of internal consistency and embrace the vision of the GP, the City is requesting that a comprehensive ZO update be completed in conjunction with the GP update. The ZO update should support and help carry out the policies and goals of the GP. The ZO update will include ideals as described below:
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• Be consistent with the GP, avoiding any legal inconsistencies. • Replace any antiquated language no longer pertinent to the City. • Provide adequate language specific to the needs of the City. • Be clear and precise and user friendly. • Provide development standards that are not in direct conflict with other
standards and regulations. • Avoid repetitiveness. • Specify the relevant reviewing bodies and processes needed to accurately
process applications. • Review and make adequate recommendations to legislative and ministerial
project processes. • Provide an updated colored zoning map, in PDF and GIS format. • Include specific infill design guidelines for all City zones. • Apply, where applicable, smart growth, green building standards,
environmental justice principles, Blueprint principles, and form based code principles (if needed).
• Re-evaluate ZO with regards to mixed use, setbacks, buffers and privacy
issues, non-conforming uses, signs & outdoor advertising structures, and development standards, etc.
• Update the code for consistency with state code, including density bonus and
second unit legislation, massage therapy, etc. • Introduce new language for the “Red Carpet” approach.
• Review policies to balance environmental considerations with economic
development and creation of jobs.
F. Desired Consultant The City of Hanford desires to receive proposals from qualified consulting firms
who have experience in developing a comprehensive GP update along with a comprehensive ZO update. The consultant must be able to incorporate a Public Engagement component into the GP and address EJ principles that meet the needs of all populations. In addition, the consultants must understand the City’s
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history and character, marketing conditions, and trends, along with the importance of property owners and other community residents’ ability to interact. The desirable consultant/team must demonstrate experience in successful land use planning that demonstrates the ability to minimize adverse effects resulting from urbanization. The consultants should have the expertise, experience, and resources needed to complete the GP, ZO, and EIR updates.
II. SCOPE OF WORK The GP is the foundation for establishing goals, purposes, zoning and activities. In
addition, it provides compatibility and continuity to the entire City and individual neighborhoods. It expresses the community’s development goals and embodies public policy relative to the distribution of future land uses, both public and private. There are some key issues that need to be mentioned in the GP. One issue involves introducing EJ principles, as ways to improve and become sensitive to the entire population, as defined by the EPA standards. The second issue is to address the “Red Carpet not Red Tape” approach.
There are six important and distinctive features of this GP that will need to be
included: 1) goals, objectives, policies, and programs for elements in land use, circulation, open space, conservation, recreation, hazard management, public facilities, and service; 2) introduce EJ policies and principles; 3) introduce Public Engagement component; 4) address the Red Carpet not Red Tape approach; 5) provide an environmental analysis - Program EIR; and 6) update the zoning ordinance, which may include specific planning.
_________________________________________________________________
GOALS, OBJECTIVES, POLICIES, & PROGRAMS: The purpose of a GP is intended to serve the City for the next 10 years without significant revision, comply with state regulations, and to provide the community with vision for the future containing policies and guidelines for the way land is developed and used. The GP will incorporate goals, objectives, policies, and programs for 6 elements, addressing both the Climate Action Plan and the Downtown East Precise Plan as influential components to the GP.
ENVIRONMENTAL JUSTICE POLICIES & PRINCIPLES: Incorporate policies and principles addressing environments where all people enjoy the same degree of protection from environmental and health hazards and equal access to the decision-making process to maintain a healthy environment in which to live, learn, and work. All environmental laws, regulations, and policies should be addressed in the GP.
RED CARPET APPROACH: As part of the GP review/update, the City’s development process and policies will need to be addressed in regards to the minor and major projects.
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• Infrastructure issues (especially for infill areas, including sewer, water, curb/gutter, etc.) and incentives similar to downtown area.
• Incentives that can be used to encourage (or discourage) certain types of development in different areas of the City (Downtown East, Hanford Mall, etc.).
• Job creation.
• Reimbursement agreements for infrastructure improvements for a period
longer than 10 years.
• Ombudsman for major projects; single point of contact for minor projects.
• Fee summary.
• Changes to existing procedures that could reduce processing time. This may include “by right” zoning and form-based codes.
• Allow for change of uses in some districts, restrict locations of some uses, and allow some uses to be permitted versus conditional use.
ENVIRONMENTAL ANAYSIS: A Program EIR must be prepared in accordance
and consistent with Section 15166 of the California Environmental Quality Act (CEQA) Guidelines. Furthermore, the City prefers that the GP EIR will serve the ZO.
ZONING ORDINANCE UPDATE: A comprehensive ZO update will help support the
policies and goals of the GP. It will also provide charts and revised procedures. _________________________________________________________________ In addition to incorporating the above key issues, the consultant will be required to
perform the following tasks:
A. Required Elements This comprehensive GP update will include: Land Use Element, Circulation Element, Open Space, Conservation, and Recreation Element, Hazard Management Element, Public Facilities and Service Element, along with a Public Engagement program. In addition, the consultant shall evaluate the City’s existing infrastructure master plans with the General Plan update.
All highlighted elements below are considered as the required elements for the GP and will need to be incorporated and addressed as part of the comprehensive GP update and a Program EIR.
Land Use Element
As part of the Land Use Element the consultant shall incorporate goals, objectives, policies, and programs providing a framework for future development of Hanford. Major issues to consider in this element will include:
• The location and timing of growth • Resisting the premature conversion of agricultural lands • Enhancement and preservation of the Downtown Business District • Balancing economic growth with urban growth • Zoning Consistency • Land Use Designations • Adding new areas or changing existing areas from one zone to another for
office/commercial development • Incorporate the Downtown East Study Area (growth) • Blueprint principles and standards • Sphere of Influence (SOI) will require an amendment and a Municipal
Service Review (MSR). Please see page 8 for SOI map. • Incorporate higher density, heights, and Floor Area Ratio (FAR)
Circulation Element
In the Circulation Element the consultant shall incorporate goals, objectives, policies, and programs that are complementary with the Land Use Element.
• Roadway Classifications • Levels of Service • Connectivity • Area Transit • Complete Streets • Pedestrian Safety and Pathways • Design Standards • Bicycle Plan Note: The Kings County Regional Bicycle Plan policies and plans should be included as part of the GP- Circulation Element.
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Open Space, Conservation & Recreation Element
The required elements for Open Space and Conservation are similar issues and therefore, have been combined with the Recreation Element. Below are topics to address:
• Agricultural Lands • Water Resources • Biological Resources • Extractive Resources • Energy Conservation • Historic & Cultural Resources • Recreation • Parks and Open Spaces
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Hazards Management Element
Typically, the Hazards Management Element in the City of Hanford General Plan has included topics such as seismic safety, safety, noise, and air quality. The Air Quality Element has been recently updated into a stand-alone document in 2010 and the City would like to incorporate this element into the GP.
• Seismic Safety - Update Seismic Safety Element - Provide a study related to unreinforced masonry buildings in the City. • Hanford Emergency Plan
- Update all data related to flood prone areas within the City of Hanford. • Hazardous Wastes and Materials • Public Safety
- Incorporate the 2006 Hanford Fire Department Station Location Study and East side development study.
- Include a location for a new police station • Hanford Airport • Noise
Public Facilities and Service Element
Although the Public Facilities and Service Element are not required elements, according to state law, these elements are designed to address the physical and fiscal impacts associated with development.
• Water • Wastewater • Growth Direction • Storm Water Drainage • Solid Waste • Public Safety Services • Parks and Open Spaces
B. Additional Component
Public Information and Public Engagement Program The City of Hanford experienced rapid population growth in the 1980s and 1990s, and has evolved from a small town to a medium sized City of nearly 55,000 people residing in a 16.7 square mile area. As the City has evolved in size and complexity, so too, does the City’s public information and public engagement efforts need to evolve. There are many “transplant residents” who have never engaged in civic affairs, and/or who only receive information about what is happening at the City from the local newspaper.
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Public Engagement Program
The Public Engagement Program will incorporate two components:
• Neighborhood Area Committees • General Plan Update Technical Advisory Committee (GPU-TAC)
Neighborhood Area Committees The City views this GP Update as an opportunity to develop an on-going and pro-active public information and public engagement program through the creation of “neighborhood-level” committees. These committees will provide a formal opportunity for residents at the “neighborhood level” to participate in the GP Update. Moreover, these neighborhood committees are envisioned to evolve into neighborhood associations that will carry forward long after the GP Update project is completed. As the City is in the final phase of
implementing new Council election districts, the City has a developed a map on page 19 of the RFP showing the location of the new neighborhood committee areas. Some Council districts have been broken down into two neighborhood areas, and other districts into three. In no case will a neighborhood committee area cross Council district boundaries. As part of the map, meeting facilities have been mapped showing locations at which GP Update public meetings can be held throughout the City. Further, each neighborhood committee area will send one representative to sit on a City-wide committee that will first be developed to support the GP Update, and then continue beyond the GP Update project to ensure strong representation by the neighborhood associations in City-wide public affairs. The City of Hanford has five City Council Districts (A, B, C, D, E). These districts have been divided into 13 neighborhood areas (as shown below in the table and map- pg. 18).
District A District B District C District D District E A1 B1 C1 D1 E1 A2 B2 C2 D2 E2
C3 D3 E3 Figure 1—Public Engagement Program Design General Plan Technical Advisory Committee
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City-wide Neighborhood Areas Committee—Hanford Residents Association (HRA)—1
representative from each neighborhood area.
13 Neighborhood Area Committees
Figure 1 shows the public engagement plan around which the GP Update consultant team should build their public engagement work program: It is the consultant team’s responsibility through its proposal to show how it would utilize the 13 neighborhood area committees and the City-wide HRA Committee (i.e., to show the “intersection points” during the work program when the two committees would have input).
General Plan Update Technical Advisory Committee (GPU-TAC) In addition, a City-wide and inter-agency staff committee will provide technical input/assistance to the consultant team selected to update the City’s GP throughout the work program.
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The GPU-TAC will be comprised of the following representatives: Senior Planner—Community Development Department—Project Lead City Manager City Attorney Interim Community Development Director Economic Development Manager Public Works Director Deputy City Engineer Police Department Representative (Captain) Fire Department Representative Recreation Director Main Street Hanford Executive Director Visitors’ Agency Executive Director Chamber of Commerce President (Interim CEO) Kings Economic Development Corporation (EDC) Representative It is the consultant team’s responsibility through its proposal to show how it would utilize the GPU-TAC (i.e., to show the “intersection points” during the work program when the GPU-TAC would have input).
2011 NEIGHBORHOOD AREA MAP
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C. Environmental Documents and Approvals
The environmental documents and approvals will include developing, processing, and analyzing the impacts resulting from the implementation of the GP and ZO. This will also include certifying all environmental documentation. In addition, it will include the process approval through the Planning Commission and City Council.
Environmental Impact Report
The GP and Program EIR are required to be developed in a manner that will meet all Federal, State, and Local statutory and case law requirements. The purpose of the EIR is to provide a comprehensive evaluation of the long-term environmental consequences resulting from implementation of the proposed general plan policies. It will be the consultant’s responsibility to prepare a comprehensive program-level EIR consistent with the State and City Guidelines for the California Environmental Quality Act (CEQA). The environmental review must be conducted as an integral part of the General Plan update. The environmental issues to be evaluated are anticipated to include, but not be limited to, the following:
• Traffic – The consultant will prepare a traffic impact analysis.
• Air Quality – The central valley has been identified as a non-attainment
area pursuant to State and Federal Clean Air Standards.
• Noise – Circulation and Noise are closely linked variables. It is anticipated that noise modeling will be prepared as a component of the Circulation Element to determine what potential impacts may stem from the updated Circulation Element. In addition, there may be land use relationships that have tendencies to impact sensitive uses.
• Public Facilities & Services – The consultant will prepare an analysis of
the impacts of the proposed land uses on existing facilities and services. This will include an analysis of existing service facilities and capacities as well as future capacity generated by the proposed update.
• Water – An analysis is required of the long term water supplies available
to accommodate the build-out of the plan to 2035.
• Agricultural Preserves – An analysis of the impacts of proposed land uses on agricultural lands and services is required. The analysis shall discuss
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inherent conflicts of preserving agricultural lands versus providing affordable housing and space for economic development.
D. Zoning Ordinance
As part of the GP update, the City is required to update the zoning code. The ZO shall be reformatted into a user friendly document that may include graphic depictions, photos, drawings, illustrations, maps, tables, and other graphic tools. A matrix chart should be included for all zoning districts to give a layout of what is permitted, administrative approval, and conditional use.
Zoning Ordinance Update
The Zoning Ordinance Update should support and help to carry out the policies and goals of the General Plan. The Zoning Ordinance Update will include:
• Definitions • Interpretation • Components (various zoning districts, change of uses, etc.) • Matrix Chart • Revisions to permitted uses, administrative approvals, and conditional
uses. • Revisions to Sign Ordinance • Incorporate the latest state code including density bonus and emergency
shelters, second unit legislation, and massage therapy, etc. NOTE: While the City is interested in reformatting the existing GP and ZO,
the current GP and ZO should only be used as a resource and framework for the final product, not as a duplication for the previous GP or ZO.
E. Additionally Requested Work Elements – Add/Deduct Items
The subdivision ordinance is located in Hanford’s Municipal Code under Chapter 16 which has not been updated for some time. This section must incorporate the Subdivision Map Act Law along with providing effective and efficient procedures.
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Subdivision Ordinance Update
The provisions of this title shall be supplemental to those of the Subdivision Map Act and shall apply to all subdivisions within the City. The consultant must address: • General Provisions • Tentative Maps • Final Maps • Parcel Maps • Design Standards • Improvements • Waivers • Vesting Tentative Subdivision and Parcel Maps • Corrections and Amendments of Recorded Maps • Administration and Enforcement • Development Agreements
In addition, the consultant must address, review, and establish new procedures. Lot mergers must be considered as part of the update.
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The provisions of this title (subdivision ordinance) are adopted to preserve, protect and promote the public health, safety, convenience, prosperity and general welfare. More specifically, the provisions of this chapter are adopted in order to achieve the following objectives:
• To aid in the implementation of the general plan of the City, and the
elements thereof, as adopted by the council;
• To provide lots of sufficient size and appropriate design for the purposes for which they are to be used;
• To provide streets of adequate capacity for the anticipated traffic which
would utilize them and to ensure that they are designed to promote a safe vehicular and pedestrian traffic circulation system;
• To accommodate new development in a manner which will preserve and
enhance the City's living environment and create new beauty through skilled subdivision design;
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City of Hanford Page 23
• To provide for water supply, sewage disposal, storm drainage, and other utilities and facilities which are required by conditions of an urban environment;
• To ensure that the costs of providing the rights-of-way, street
improvements, utilities, and public areas and facilities needed to serve new developments are borne fairly and equitably by the subdivider rather than by property owners of the City at large; and
• To protect and enhance real property values.
III. REQUIRED DELIVERABLES
The consultant shall prepare and submit drawings and/or reports following the completion of the RFP document by incorporating all previous products and provide twenty (20) bound, one (1) unbound, and one (1) electronic format copies of the proposal to the City of Hanford for review and comment prior to finalization. The proposal must be delivered by mail or in person no later than 5:00 p.m. on December 19, 2011, to the attention of Project Manager - Melody Haigh. The consultant may need to make verbal presentations of the proposals to the General Plan Committee, which has been tentatively scheduled for the week of January 9, 2012. A web conferencing feature will be offered for consultants on December 6th.
IV. CONSULTANT SELECTION SCHEDULE AND PROJECT TIMELINE* Request for Proposal Distributed ................................................November 4, 2011 Mandatory Proposers Conference ..............................................December 6, 2011 Proposals Due to City of Hanford .............................................. December 19, 2011 Consultant Interviews (if needed, schedule to be determined) .. January 9-13, 2012 City of Hanford to Select Consultant ............................................ January 17, 2012 Contract Approval and Notice to Proceed ..................................... February 7, 2012 *Timeline subject to change at City’s discretion. V. CONTACT PERSON Prospective proposers shall direct any questions via e-mail concerning this project
and RFP submissions to the following person and/or address: Melody N. Haigh, Senior Planner City of Hanford City Offices 317 N. Douty Street Hanford, CA 93230 PH: (559) 585-2583 [email protected]
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VI. BUDGET
The consultant should prepare a scope of work with line item costs. The budget proposal should address, but not be limited to, the following components:
• General Plan update including a total of 6 elements and land use map. • Zoning Ordinance update including zoning map and matrix chart. • Technical and background studies, reports, and appendices. • EIR and related documents and notices. • Public outreach and participation program including communications and
media. • Management, meetings, hearings, and all materials, production, and
direct costs. • Update to the Subdivision Ordinance (Note: As an add/deduct item)
VI. PROPOSAL CONTENT AND ORGANIZATION Proposals should meet the stated requirements and propose the best methods to
accomplish the work within the stated budget. The organization of proposals should follow the general outline below:
1. Transmittal Letter and Signature
The transmittal letter should include the name, title, address, phone number and original signature of an individual with authority to negotiate on behalf of and to contractually bind the proposer and who may be contacted during the period of proposal evaluation. The letter should include a brief overview of the consulting firm(s), including location, size and expertise. The letter shall also contain a statement to the effect that the proposal is a firm offer for a 90-day period. Only one transmittal letter need be prepared to accompany all copies of the proposal.
2. Title Page Indicate RFP subject, name of proposer's firm, local address, telephone
number, name of contact person, e-mail address, and date of proposal. 3. Table of Contents Include a listing of the major sections in the proposal along with the
associated page numbers. 4. Understanding of the Project The proposal should include a brief narrative introducing the proposer's
understanding of the project requirements. The contents of this section are to
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be determined by the particular respondent, but should demonstrate understanding of the unique characteristics of this project and the requirements of the project in the scope of work contained in the RFP.
5. Scope of Services
The scope of work for the GP will, at a minimum, contain the following work elements: Land Use Element, Circulation Element, Open Space, Conservation, and Recreation Element, Hazard Management Element, Public Facilities and Service Element, along with an Environmental Impact Report. All elements will be addressed as part of the comprehensive GP update and EIR. In addition, provide a reformatted user friendly document with text in favor of graphic depictions, including photos, drawings, illustration, maps, tables, and other graphic tools, EJ policies and principles, Public Engagement program, red carpet approach along with an implementation action plan.
The scope of work for the comprehensive ZO update will at a minimum
support the policies and goals of the GP, including specific planning ideals, and a reformatted user friendly document with matrix charts for all zoning districts.
If the City agrees on the cost of the Subdivision Ordinance update then:
The scope of work for the Subdivision Ordinance will, at a minimum, contain the following work elements: it will comply with the Subdivision Map Act and shall apply to all subdivisions within the City. In addition, the consultant must address, review, and establish new procedures. Lot mergers must be considered as part of the update.
6. Additionally Requested Work Elements
The City of Hanford is aware that additional element (Subdivision Ordinance) will be at additional cost. A line item cost will be required at the time of submittal to the RFP deadline.
7. Schedule of Tasks The proposal shall contain a detailed schedule identifying major tasks to be
undertaken to conduct the work and a time frame for each task. 8. Project Management Prospective consultants shall designate by name the project manager to be
employed. The selected consultant shall not cause substitution of the project manager without prior approval by the City of Hanford.
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9. Project Personnel The prospective consultant shall describe the qualifications of all professional
personnel that will be assigned to the project, including a summary of similar work or studies performed, a resume for each professional, a statement indicating how many hours each professional will be assigned to the contract and what tasks each professional will perform. The contractor shall not cause members of the project team to be substituted without prior approval of the City of Hanford.
10. Subcontractors If any subcontractors are to be used, prospective consultants shall submit a
description of each person or firm and the work to be done by each subconsultant. The cost of the subcontract work is to be itemized in the cost proposal.
11. Consultant Qualifications and References The prospective consultants shall provide names, addresses, telephone
numbers, and e-mail addresses for at least six clients for whom the prospective consultant has performed work of similar complexity to that proposed in the RFP.
12. Project Costs The prospective consultant shall prepare a detailed cost proposal for the work
to be performed. The cost proposal shall itemize all items that will be charged to the City of Hanford. Costs shall be segregated to show actual costs including hours, rates, classifications, administrative and overhead rates, and direct and indirect expenses. If subcontractors are to be used, the prospective consultant must indicate any markup that the prospective consultant plans to take on subcontractors. The same breakdown of subcontract costs shall be provided as is required for contractor costs above.
13. Contract Review Attached to the Request for Proposal, as “Exhibit A”, is the City of Hanford
Standard Professional Service Agreement. The consultant is required to review the standard agreement and list any potential concerns with signing the agreement for the proposed work. Based upon the proposed cost of the General Plan and Zoning Ordinance, the City reserves the right to remove proposed tasks as necessary to award a contract within the budgeted amount. In addition, the consultant must provide a scope, schedule (Gantt Chart), and budget.
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VII. PROPOSAL EVALUATION AND CONSULTANT SELECTION Proposals submitted by each consultant that meet the proposal requirements will
be evaluated separately by a proposal review panel made up of City of Hanford staff and GPU-TAC to determine the necessity for verbal interviews in the first phase of the proposal evaluations. The evaluation will be based on information provided in response to the RFP and information provided by former clients for whom work of a similar scope has been done. Evaluation considerations include the following:
• Qualifications of Project Team. The qualifications of consultant firm and
each team member and sub consultant. • Experience. The relevant and current experience of each member of the
team detailing the team members’ involvement with the projects described and the outcomes (i.e. meet timeline, adoption, etc.).
• Quality of Work Plan. The approach to be taken by the Consultant
including the scope of services and deliverables. • Comprehensiveness. Ability to provide comprehensive, clear, and
concise answers to the information requested by the RFP. • Schedule. Proposal of an effective timeline allotting reasonable time
ranges per task and demonstration of ability to meet project schedule. • Knowledge. Demonstrated knowledge of Federal, State, and Local laws,
rules and regulations. • Past Performance. Work previously performed for similar governmental
agencies. City of Hanford reserves the right to select a consultant based solely on the written
proposals and not convene verbal interviews. If verbal interviews are needed, the top consulting firms will be invited to make a formal presentation to a selection committee in the second phase of the proposal evaluations. Interviews will take place on one day to be determined later, during the week of January 9, 2012. At the verbal interviews, proposers will be requested to make a formal presentation. A maximum of thirty (30) minutes will be given to the consultant to present the firm's qualifications and approach to the project.
VIII. MODIFICATIONS OR WITHDRAWAL OF PROPOSALS Any proposal received prior to the date and time specified above may be
withdrawn or modified by written request of the consultant. All verbal modifications of these conditions or provisions are void as ineffective for proposal evaluation
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purposes. Only written changes issued by consultants to the Senior Planner of the City of Hanford are authorized and binding.
IX. REJECTION OF PROPOSALS Failure to meet the requirements of the RFP will be cause for rejection of the
proposal. City of Hanford may reject any proposal if it is conditional, incomplete, contains irregularities, or has inordinately high costs. City of Hanford reserves the right to reject any and all proposals without cause. City of Hanford may waive an immaterial deviation in a proposal. Waiver of an immaterial deviation shall in no way modify the RFP's documents or excise the proposer from full compliance with the contract requirements, if the proposer is awarded the contract.
X. CONTRACT AWARD The selected consultant will execute a contract with the City of Hanford. The
official selection of the consultant is scheduled to be made by the selection committee during the month of January. The execution of the contract and notice to proceed is anticipated to occur in February.
AGREEMENT FOR PROFESSIONAL
( )
This Agreement for Professional Services (“Agreement”) is made and entered into this day of , , by and between the City of Hanford, a Municipal Corporation (“City”), , (“Consultant”).
RECITALS
A. Consultant represents to City that it is specially trained, experienced and competent to perform the services which will be required by this Agreement; and B. Consultant represents to City that it possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein. C. City desires to retain Consultant to render professional financial services as set forth in this Agreement. NOW THEREFORE, in consideration of the mutual covenants set forth herein for such other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereto agree as follows: 1. Retention of Consultant. Subject to the terms and conditions set forth herein, City retains Consultant to perform the services identified in this Agreement, as an independent contractor and Consultant hereby accepts this independent contractor appointment. 2. Scope of Services. The Consultant shall perform the services described as Tasks in the Scope of Work, attached hereto and made a part hereof and identified as Exhibit “A”, in accordance with all the provisions of this Agreement. All of the services identified in the Scope of Work listed below shall hereinafter be collectively referred to as “Services”. Consultant shall correct any and all errors and/or omissions in the performance of the Services and any documents resulting therefrom even though City has accepted said Services or documents. Such corrections shall be made by Consultant upon City’s request and at no cost or expense to City. 3. Time of Performance. The Services of Consultant are to commence upon execution of this Agreement and shall continue until all authorized work is approved by the City. All such work shall be completed no later than . 4. Compensation. Compensation to be paid to Consultant shall be $ plus $ expenses. In no event shall Consultant’s compensation exceed $ plus $ expenses without additional written authorization from City. Payment by City under this Agreement
shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. 5. Method of Payment. Consultant shall submit monthly billings to City describing the work performed during the preceding month. Consultant’s bills shall include a brief description of the Services performed and the date the Services were performed the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff. When payments made by City equal 90% of the maximum fee provided for in this Agreement, no further payments shall be made until City has accepted the final work under this Agreement. 6. Extra Work.. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, “Extra Work” means any work, which is determined by City to be necessary for the proper completion of the Services, but which the parties did not reasonably anticipate would be necessary on the date of execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City. 7. Termination. This Agreement may be terminated by the City immediately for cause or by City without cause upon ten (10) days’ written notice of termination to Consultant. Upon termination, Consultant shall be entitled to compensation for Services performed up to the effective date of termination, unless this Agreement is terminated for cause, in which case, City may withhold compensation due Consultant in order to reimburse City for any losses, damages or expenses caused by Consultant’s default under this Agreement. 8. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees, agents and subcontractors in the course of implementing this Agreement, except working notes and internal documents, shall become the property of the City, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant’s expense, provide such reports, plans, studies, documents and other writings to City upon written request. 9. Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to use, modify, reuse or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted non-exclusive and perpetual license for any Documents & Data the subcontractor prepared under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purpose intended by this Agreement shall be at City’s sole risk.
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10. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services under this Agreement, nor shall such materials be disclosed to any person or entity not connected with the performance of the Services under this Agreement. Nothing furnished to Consultant, which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name, insignia, photographs, or the project for which Consultant’s Services are rendered, or any publicity pertaining to the Consultant’s Services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent by City. 11. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City’s programs or guidelines currently in effect or hereinafter enacted regarding equal opportunity employment. 12. Insurance Requirements. a. Consultant, at Consultant’s own cost and expense, shall procure and maintain, for the duration of this Agreement, the following insurance policies. i. Workers Compensation Coverage. Consultant shall maintain Worker’s Compensation Insurance and Employer’s Liability Insurance for its employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain worker’s compensation insurance and employer’s liability insurance in accordance with the laws of the State of California for all of subcontractor’s employees. Any notice of cancellation, non-renewal or modification of any Workers’ compensation policies must be received by the City at least thirty (30) days prior to such termination, non-renewal or modification. The insurer shall agree to waive all rights of subrogation against City, its officials, officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit identified in this paragraph. iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the
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Consultant arising out of or in connection with the Services to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions that may arise from Consultant’s Services under this Agreement, whether such Services be by the Consultant or by its employees, subcontractors, or subconsultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single-limit per occurrence basis. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best’s rating of no less than A:VII and which are licensed to conduct business in California, and shall be endorsed with the following specific language: i. The City, its elected or appointed officers, officials, employees, agents and volunteers shall be covered as additional insureds on all such policies of insurance with respect to liability arising out of Services performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such Services or operations. ii. These policies of insurance shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with the policies of insurance obtained by Consultant. iii. These policies of insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees, or volunteers. v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by these policies shall not be suspended, voided, canceled, modified or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City. vii. The general liability insurance coverage shall be at least as broad as Insurance Services Office commercial general liability coverage (occurrence form CG0001 1188). The automobile liability insurance coverage shall be at least as broad as Insurance Services Office form number CA 0001 0692 Code 1 (any auto).
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c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City’s option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on the date of execution of this Agreement by Consultant. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. 13. Indemnification. Consultant agrees to indemnify, defend and hold harmless the City and its officials, officers, employees, agents and volunteers from and against all claims, demands, actions, injuries, liabilities, losses, costs or damages, direct or indirect, and any and all attorneys fees and other expenses which City or its officials, officers, employees, agents or volunteers may sustain or incur as a consequence of or in anyway related to Consultant’s negligence, recklessness, or willful misconduct or its failure to perform or comply with any of its obligations or responsibilities contained in this Agreement. This indemnification shall survive the termination of this Agreement. 14. Independent Contractor Status. It is understood and agreed that Consultant, in the performance of the Services to be performed pursuant to this Agreement, shall act as and be an independent contractor and shall not act as an agent or employee of City. Consultant shall obtain no 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. Nothing in this Agreement shall create or be construed as creating a partnership, joint venture or any other relationship between City and Consultant. 15. 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 for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. b. Consultant shall maintain 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. c. 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. Copies of such documents shall be provided to the City for inspection at the City offices. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City may, by
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written request, require that custody of the records be given to the City and that the records and documents be maintained in the City offices. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant’s representatives, or Consultant’s successor-in-interest. 16. Interest of Consultant. Consultant (including principals, associates and employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant’s Services hereunder. Consultant further covenants and represents that in the performance of the Services hereunder, no person having any such interest shall perform any Services under this Agreement. Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant: a. will conduct research and arrive at conclusions with respect to rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. FPPC Reg.18700(aX2).) 17. Professional Ability of Consultant. City has relied upon Consultant’s representations regarding its training and ability to perform the Services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled personnel to perform all Services under this Agreement. The primary provider of the Services called for by this Agreement shall be , who shall not be replaced without the written consent of the City. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent persons in Consultant’s field of expertise. 18. Compliance with Laws. Consultant shall use the proper standard of care in performing the Services and shall comply with all applicable federal, state and local laws, codes, ordinances and regulations. In addition, if the request for proposal to provide professional services which are the subject of this Agreement cited any federal or state financial assistance involved in the project for which the Services are provided, the Consultant shall perform all services in accordance with all applicable federal and state laws, rates and regulations. 19. Licenses. Consultant represents and warrants to City that it has all licenses, permits, qualifications, insurance and approvals of whatsoever nature, which are legally required of Consultant to lawfully and competently perform the Services. Consultant represents and warrants to City that Consultant 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 of Consultant to lawfully and competently perform the Services. Consultant shall maintain a City of Hanford business license.
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20. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of the City, which consent may be withheld in the sole and absolute discretion of City. Consultant shall not subcontract any portion of the Services to be performed under this Agreement without the written consent of the City, which consent may be withheld in the sole and absolute discretion of City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in this Agreement shall: (1) create any contractual relationship between City and subcontractor; (ii) create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor; (iii) or relieve Consultant of any of its obligations and responsibilities under this Agreement. 21. Attorneys’ Fees. If an action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other reasonable relief to which he may be entitled. With respect to any suit, action or proceeding arising out of or related to this Agreement, or the documentation related hereto, the parties hereby submit to the jurisdiction and venue of the Superior or Municipal Court, whichever is applicable, in the County of Kings, State of California for any proceeding arising hereunder. 22. Sole and Only Agreement. This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the matters set forth herein and contains all of the covenants and agreements between the parties regarding said matters. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or in writing, have been made by any party or anyone acting on behalf of any party which are not embodied in this Agreement and no other agreement, statement or promise shall be valid or binding. 23. Invalidity. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. 24. Amendment. No change, amendment or modification of this Agreement shall be valid unless the same be in writing and signed by the parties hereto. 25. Governing Law. This Agreement shall be construed and governed pursuant to the laws of the State of California. 26. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement. 27. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and shall divide the costs of mediation equally. If the parties are
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unable to agree upon a mediator, the dispute shall be submitted to JAMS/ENDISPUTE (“JAMS”) or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation. 28. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or result from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 29. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. 30. Notice. Except as otherwise expressly provided herein, any notice, consent, authorization or other communication to be given hereunder shall be in writing and shall be deemed duly given and received when delivered personally, when transmitted by facsimile or e-mail if receipt is acknowledged by the addressee, one business day after being deposited for next-day delivery with a nationally recognized overnight delivery service, or three business days after being mailed by first class mail, charges and postage prepaid, property addressed to the party to receive such notice at the last address furnished for such purpose by the party to whom notice is directed and addressed as follows:
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City of Hanford Attn: 315 N. Douty Street Hanford, CA 93230 IN WITNESS WHEREOF, the parties have executed this Agreement effective on the day and in the year first set forth above. CITY OF HANFORD, a Municipal Corporation By:__________________________________ CONSULTANT ___________________________________ President ___________________________________ Corporate Secretary APPROVED AS TO FORM: ATTEST: ______________________________ ____________________________________ City Attorney City Clerk Updated: 12/11/06
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Consultant List for General Plan & Zoning Update
RRM Designs 3765 S. Higuera St., Ste. 102 San Luis Obispo, Ca 93401 [email protected]
MR+E 3308 Helms Avenue Culver City, CA 90232 [email protected]
The Planning Center | DC&E 1625 Shattuck Avenue, Suite 300 Berkeley, CA 94709
PMC 2729 Prospect Park Dr., Ste. 220 Rancho Cordova, CA 95670 [email protected]
Pacific Group 1045 Cadillac Way, Suite 209 Burlingame, CA 94010 [email protected]
RBF Consulting 14725 Alton Pkwy Irvine, CA 92618-2027 [email protected]
Collins & Schoettler 1002 W. Main Street Visalia, CA 93291 [email protected] [email protected]
City Design Collective 1305 Franklin Street #220 Oakland, CA 94612 [email protected]
Rincon Consultants, Inc. 1530 Monterey Street, Suite D San Luis Obispo, CA 93401 [email protected]
VRPA Technologies P.O. Box 3502 Fresno, CA 93650 [email protected]
RL Fraser Consulting P.O. Box 2040 Clovis, CA 93613 [email protected]
Elizabeth Moule & Stefanos Polyzoides 180 East California Boulevard, Pasadena, CA 91105 [email protected]
Consultant List for General Plan & Zoning Update
M.W. Steele Group 1805 Newton Avenue, Suite A San Diego, CA 92113 [email protected] DYETT& BHATIA 755 Sansome Street, Suite 400
MIG, Inc 800 Hearst Avenue Berkeley, CA 94710 [email protected] Sargent Town Planning 448 South Hill Street, Suite 418
San Francisco, CA 94111 [email protected] TPG Consulting 222 N. Garden, Suite 100 Visalia, CA 93291
Los Angeles, CA 90013 [email protected] Quad Knopf Visalia Corporate Headquarters 5110 W. Cypress Avenue
[email protected] Hall Alminana Inc. The Flatiron Building One Sutter Street, Suite 900 San Francisco, CA 94101 [email protected]
Visalia, CA 93277 [email protected] Opticos Design, Inc. 1285 Gilman Street Berkeley, CA 94706
[email protected] Calthorpe Associates 2095 Rose Street, Suite 201 Berkeley CA 94709 [email protected] Michael Brandman Associates
Gensler 2500 Broadway Suite 300 Santa Monica, CA 90404 [email protected]
340 South Farrell Drive, Suite A-210 Palm Springs, CA 92262 [email protected] McIntosh & Associates 2001 Wheelan Court Bakersfield, CA 93309
LSA Associates, Inc. 20 Executive Park, Suite 200 Irvine, CA 92614 [email protected] AECOM 2020 L Street, Suite 400,
[email protected] Zumwalt – Hansen & Associates 609 N. Irwin Street Hanford, CA 93230 [email protected]
Sacramento, CA 95811 [email protected] Goodwin Consulting Group 555 University Ave, Suite 280 Sacramento, CA 95825 [email protected]
Consultant List for General Plan & Zoning Update
WHA | William Hezmalhalch Architects, Inc. 6111 Bollinger Canyon Road, Suite 495 San Ramon, CA 94583 [email protected]
Valley Planning Consultants
ENVICOM CORPORATION • 28328 AGOURA ROAD, AGOURA HILLS, CA 91301
J.H. Douglas & Associates 13142 Rosalind Drive
730 N. I Street, Suite 202 Madera, CA 93637 [email protected] Urban Diversity Design P.O. Box 28365 Fresno, CA 93729
13142 Rosalind Drive Santa Ana, CA 92705 [email protected]