HomeMy WebLinkAboutPacific Municipal Consultants (PMC) 2006-12-15CITY OF UKIAH
AGREEMENT FOR TEMPORARY
PROFESSIONAL CONTRACT
PLANNING SERVICES
This agreement shall be considered a contract, and is entered into this 15th day of
December, 2006, by and between the CITY OF UKIAH, a general law municipal corporation,
hereinafter referred to as "CITY" and Pacific Municipal Consultants (PMC), a California corporation,
hereinafter referred to as the "CONSULTANT."
PREMISES
The purpose of this agreement is the provision of temporary contract planning services by
CONSULTANT. The scope of work is more particularly described in the Exhibit "A", attached to this
agreement.
CITY may retain independent contractor to perform special services for CITY or any
Department thereof.
CONSULTANT is willing and able to perform duties and render contract planning services.
This work has been determined by the City Council to be necessary for the welfare of residents of
the CITY.
CITY believes the provision of these services to the residents is in their best interests, and
CONSULTANT agrees to perform such duties and render such services as outlined below:
AGREEMENT
CITY and CONSULTANT agree as follows:
ARTICLE 1
SERVICES OF CONSULTANT
1.01 CONSULTANT shall provide those technical, expert, and temporary professional
contract planning services as described in Exhibit "A," which consists of the scope of
work, dated October 25. 2006, which is attached hereto as Exhibit "A" and
incorporated herein. CONSULTANT shall perform development permit processing
and advance planning tasks, provide pubic information, and perform other related
duties as assigned. CONSULTANT shall receive direction from the Director of
Planning and Community Development or specific CITY staff assigned to work with
and supervise CONSULTANT.
This Agreement is for a thirty (30) day period beginning on the date of Agreement
execution. Temporary contract planning services shall be provided four (4) hours
per day four (4) days per week to comprise a sixteen (16) hour work week.
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1.02 CITY relies upon the professional ability and stated experience of CONSULTANT as
a material inducement to entering into this agreement. CONSULTANT understands
the purpose of providing professional contract planning services to the CITY, and
shall perform in a professional manner as an extension of the City Staff.
1.03 CONSULTANT shall perform any additional services requested by the CITY as
agreed upon and such additional services shall be paid for by supplemental
agreement and shall conform to the rates of payment specified in Article V below.
ARTICLE 11
SERVICES OF CITY
2.01 CITY shall provide any information as to its requirements for performance of the
agreement not already contained in Exhibit "A."
2.02 Upon request, CITY shall provide CONSULTANT any information in its possession
or reasonably available to it that consultant may need to perform services under this
agreement.
ARTICLE III
TERM OF AGREEMENT
3.01 The term of this agreement shall commence on the effective date and shall terminate
when the CITY determines that the temporary services are no longer needed or
desired, and that the Agreement will be terminated.
The CITY shall provide seven (7) days notice to CONSULTANT if the temporary
contract planning services are no longer needed.
3.02 The execution of this agreement by the CITY shall constitute the CONSULTANT'S
authority to proceed immediately with the performance of the work described by
Exhibit "A."
3.03 All work by CONSULTANT shall be completed pursuant to exhibit "A" in a
reasonable timeframe according to the policies and procedures of the CITY
Department of Planning and Community Development. CONSULTANT shall not be
held responsible for delays caused by circumstances beyond its control.
3.04 CONSULTANT acknowledges that timely performance of services is an important
element of this agreement and will perform services in a timely manner consistent
with sound professional planning practices.
3.05 If CITY requests significant modifications or changes in the scope of this project the
time of performance shall be adjusted appropriately. The number of days of said
extension .shall be the final decision of CITY.
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ARTICLE IV
COST OF SERVICES
4.01 CONSULTANT has been selected by the CITY to provide services described in
Exhibit 'A" attached hereto and incorporated herein by reference, for which
compensation shall not exceed $9,000 for sixty-four (64) hours of work over a thirty
(30) day period beginning at the time of contract execution. CONSULTANT Billing
Rates shall be consistent with those listed on page 9 of Exhibit "A." It is the desire of
the CITY to use the temporary professional contract planning services provided by
the CONSULTANT on a sixteen (16) hour per week basis for up to thirty (30)
calendar days from the date of agreement execution, which could amount to
approximately $7,680.00 at the highest billing rate. Mileage would be paid at the rate
listed on page 9 of Exhibit "A."
Additional professional contract planning services beyond thirty (30) calendar days
may be authorized by the City Manger, and compensation to CONSULTANT shall be
consistent with the Billing Rate listed on page 9 of Exhibit "A."
ARTICLE V
PAYMENT FOR SERVICES
5.01 CITY shall pay CONSULTANT for work required and performed in accordance with
this agreement in amount to be determined in accordance with the method described
in paragraph 5.02 below.
5.02 Fees for professional services as outlined herein shall be paid according to
paragraph 4.01 above. A detailed explanation of services and associated fees shall
be listed on each invoice submitted by CONSULTANT.
5.03 Payments to CONSULTANT shall be based on an itemized invoice submitted by
CONSULTANT not more frequently than monthly.
5.04 Payments will be made by CITY within thirty (30) days of receipt of invoice from
CONSULTANT.
5.05 If CITY substantially alters the scope of work to include additional -services not
contemplated in Exhibit "A", the total payment and cost of services may be changed
by amending the agreement.
ARTICLE VI
PROJECT INSPECTION AND ACCOUNTING RECORDS
6.01 Duly authorized representatives of the CITY shall have right of access to the
CONSULTANT'S files and records relating to the project included in the agreement
and may review the work at appropriate stages during performance of the work.
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6.02 CONSULTANT must maintain accounting records and other evidence pertaining to
costs incurred, which records and documents shall be kept available at the
CONSULTANT'S California office during the contract period and thereafter for three
(3) years from the date of final payment.
ARTICLE VII
DISPOSITION OF FINAL REPORTS
7.01 All documents and work products produced by the CONSULTANT shall be and shall
remain the sole property of CITY. CONSULTANT shall not be held liable for re -use
or modification of the City -owned materials for purposes outside this agreement.
ARTICLE VIII
TERMINATION OF AGREEMENT
8.01 At any time CITY may suspend indefinitely or abandon the project, or any part
thereof, and may require CONSULTANT to suspend the performance of the service.
CONSULTANT may terminate this agreement with or without cause with at least
seven (7) days written notice to the CITY.
In the event the CITY abandons or suspends the project, CONSULTANT shall
receive compensation for services rendered to date of abandonment and
suspension in accordance with the provisions of Sections 5.01, 5.02, and 5.03
herein.
8.02 It is understood and agreed that should CITY determine that any part of the work
involved in the program is to be suspended indefinitely, abandoned, or canceled,
said agreement shall be amended accordingly. Such abandonment or cancellation
of a portion of the program shall in no way void or invalidate this agreement as it
applies to any remaining portion of the project.
8.03 If, in the opinion of the CITY, the CONSULTANT fails to perform or provide prompt,
efficient, and thorough service, or if CONSULTANT fails to complete the work within
the time limits provided, CITY shall have the right to give notice in writing to
CONSULTANT of its intention to terminate this agreement. The notice shall be
delivered to CONSULTANT at least seven (7) days prior to the date of termination
specified in the notice. Upon such termination, CITY shall have the right to take
CONSULTANT'S studies and reports insofar as they are complete and acceptable to.
CITY, and pay CONSULTANT for his performance rendered, in accordance with
Sections 5.01, 5.02, and 5.03 herein, prior to the delivery of the notice of intent to
terminate, less the amount of damages, general or consequential, which CITY may
sustain as a result of CONSULTANT'S failure to perform his obligations under this
agreement.
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ARTICLE IX
RESPONSIBILITY FOR CLAIMS AND LIABILITIES
9.01 HOLD HARMLESS: The CONSULTANT shall indemnify and hold harmless the
CITY, its agents, officers, and employees against and from any and all claims,
lawsuits, actions, liability, damages, losses, expenses, and costs (including but not
limited to attorney's fees), brought for, or on account of, injuries to or death of any
person or persons including employees of the CONSULTANT, or injuries to or
destruction of property, to the extent caused by the negligent performance of the
work described herein, provided that any such claim, lawsuit, action, liability,
damage, loss, expense, or cost is caused in whole or in part by any negligent or
intentional wrongful act or omission of the CONSULTANT, any subcontractor,
anyone directly or indirectly employed by any of them, or any for whose acts any of
them may be liable.
9.02 CONSULTANT shall have no dutyto indemnify or defend CITY underthis paragraph
if the damage or injury is caused by the active and sole negligence or willfully
wrongful actor omission of CITY or its officers or employees. CITY agrees to timely
notify CONSULTANT of any such claim and to cooperate with CONSULTANT to
allow CONSULTANT to defend such a claim.
ARTICLE X
INSURANCE
10.01 CONSULTANT, at its expense, shall secure and maintain at all times during the
entire period of performance of this agreement, insurance as set forth in Exhibit "B",
attached hereto, and incorporated herein by reference.
ARTICLE XI
GENERAL COMPLIANCE WITH LAWS
11.01 It is understood and agreed that the CONSULTANT will make every reasonable
effort to comply with all federal, state and local laws and ordinances as may be
applicable to the performance of work under this agreement.
11.02 The CONSULTANT shall obtain a City of Ukiah Business License.
ARTICLE X111
NONDISCRIMINATION
12._01 CONSULTANT certifies that it is in compliance with the Equal Employment
Opportunity Requirement of Executive Order 11246, as amended by Executive Order
11375, Title VII of the Civil Rights Act of 1964, the California Fair Employment
Practices Act, and any other Federal or State laws pertaining to equal employment
opportunity and that it will not discriminate against any employee or applicant for
employment on the basis of race, color, religion, handicap, age sex, national origin,
or ancestry, in matters pertaining to recruitment, hiring, training, upgrading, transfer,
compensation, ortermination.
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12.02 In the event of the CONSULTANT'S noncompliance with the nondiscrimination
provisions of this agreement, the CITY shall impose such contact sanctions as it may
determine to be appropriate including, but not limited to:
a. Withholding of payments to the CONSULTANT under the agreement until
the CONSULTANT complies, and/or
b. Cancellation, termination, or suspension of the Agreement in whole or in
part.
ARTICLE XIV
INDEPENDENT CONSULTANT
13.01 CITY agrees not to solicit directly for employment the employees of the
CONSULTANT who are directly involved in the performance of the services
hereunder for the term of this Agreement and a period of one year after termination
of this Agreement except with the written permission of the CONSULTANT, provided
,however, that nothing in this paragraph shall preclude the CITY from publishing or
otherwise distributing applications and information about job openings where such
publication or distribution is directed to the general public, or prevent the CITY from
considering for employment any current or former employee of CONSULTANT who
applied for a position with the CITY in response to such applications and information.
ARTICLE XV
SUCCESSOR AND ASSIGNMENTS
14.01 The CITY and the CONSULTANT each binds itself, its partners, successors, and
executors, administrators, and assigns to the other party to this agreement, and to
the partners, successors, executors, administrators, and assigns to such party in
respect to all covenants of this agreement.
14.02 Except as stated above, neither the CITY nor the CONSULTANT shall assign,
sublet, or transfer his interest in this agreement without the written consent of the
other, however, the CONSULTANT reserves the right to assign the proceeds due
under this agreement to any bank or person.
14.03 In the case of death of one or more members of the firm of the CONSULTANT, the
surviving member or members shall complete the professional services covered by
this agreement.
ARTICLE XVI
EXTENT OF AGREEMENT
15.01 This agreement shall consist of this agreement, the Scope of Work, dated October
25. 2006, identified as Exhibit "A", as attached hereto and incorporated herein, and
the insurance requirements also set forth in the attached Exhibit " B."
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15.02 This agreement constitutes the whole agreement between the CITY and
CONSULTANT and any other representations or agreements are superseded by the
terms of this agreement.
ARTICLE XVII
PARAGRAPH HEADINGS
16.01 The paragraph headings contained herein are for convenience and reference only
and are not intended to define or limit the scope of this contract.
ARTICLE XVIII
NOTICE
17.01 Whenever a notice to a party is required by this agreement, it shall be deemed given
when deposited with proper address and postage in the U.S. mail or when personally
delivered as follows:
CITY: Charley Stump, Director
Planning and Community Development
City of Ukiah
300 Seminary Avenue
Ukiah, CA 95482
CONSULTANT/ Pacific Municipal Consultants
CONTRACTOR: 10461 Old Placerville Rd., Suite 110
Sacramento, CA 95827
ATTN: Philip O. Carter
ARTICLE XIX
DUPLICATE ORIGINALS
18.01 This agreement may be executed in one or more duplicate originals bearing the original
signature of both parties and when so executed and such duplicate original shall be
admissible as proof of the existence and terms of the agreement between the parties.
ARTICLE XX
FORUM SELECTION
19.01 CONSULTANT and CITY stipulate and agree that any litigation relating to the enforcement
or interpretation of the agreement, arising out of CONSULTANT's performance or relating in
any way to the work shall be brought in Mendocino County and that venue will lie in
Mendocino County.
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CONSULTANT hereby waives any right it might otherwise have to seek a change of venue
based on its status as an out of county corporation, or on any other basis.
IN WITNESS WHEREOF, the parties hereto have caused their duly authorized officers to
execute this agreement in duplicate the day and year first above written.
CITY OF UKIAH
Candace Horsley, City Man ger Date
CONSULTANT/CONTRACTOR
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P lip O. darter, President
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-IDN Number
APPROVED AS TO FORM:
Davi pport, City ttome
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11-19-0(,
Date
12-i3- D�,
Date
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CONTRACT PLANNING
STAFF SERVICES
P N4 C
www.paciiicmunicipai.com
^HiC:O
1401nde�endence Cs�'e
Suite C
Chico, CA 95973
(530)894-3469 Phone
October 25, 2006
(530) 894-6459 Fax
Mr. Charley Stump, Director, Planning & Community Development
DAVIS
1590 Drew Avenue
CITY OF UKIAH
Suite 120
300 Seminary Avenue
Davis, CA 95616
(530)750-7076 Phone
Ukiah, CA 95482
(530)750-2811 Fax
LOS ANGELES
SUBJECT: PROPOSAL AND STATEMENT OF QUALIFICATIONS TO
21171 S. western Avenue
PROVIDE CONTRACT PLANNING, ENVIRONMENTAL PLANNING AND
Suite 200
Torrance. CA 90503
OTHER LAND USE SERVICES
(310)224-4500 Phone
(310)320-5772 Fax
Dear Mr. Stump:
MONTEREY
585 Cannery Row
On behalf of PMC, we appreciate the opportunity to submit this Letter Proposal to the
Suite 304
Monterey, CA 93940
City of Ukiah to provide contract staff services. The proposal contained in this letter is
(831)644-9174 Phone
based upon the information provided to PMC through the Request for Qualifications
(831)644-7696 Fax
and Proposals for Contract Planning Services, dated October 18, 2006. Based upon our
MT. SHASTA
understanding of the City's needs, PMC is confident that we can assist the City in the
508 Chestnut Street
Suite
processing of the City's development caseload utilizing PMC's extensive range of
Mt Shasta, CA 96067
resources, knowledge and expertise. In response to the Request for Qualifications and
(530)926-4059 Phone
(530.)926-4279 Fax
Proposals, this Letter Proposal provides a brief overview of our company, our services,
qualifications of our personnel current hour) rates, and outlines PMC's proposal to
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provide contract planning services to the City.
1440 Broadway
1440 Broadway
Suite 1008
Oakland, CA 94612
COMPANY OVERVIEW
(510)272-4491 Phone
(510) 268-9207 Fax
PMC provides environmental services, contract staff assistance, special studies and all
PHOENIX
1616 E Indian School Road
aspects of current and advanced planning assistance to our clients. The firm was
Suite 440
established in 1995 with a mission to provide environmental planning and municipal
Phoenix, AZ 85016
(602)279-1360 Phone
services to public agencies, special districts, and public -oriented organizations, and has
(602)279-1326 Fax
provided service to more than 190 cities, counties, and districts throughout California.
The Company has grown steadily and today consists of over 200 employees working
RANCHO CORDOVA
10461 Old Placerville Road
out of our ninete rimar offices.
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Scram 0
Saacramento, CA 95827
(916)361-8384 Phone
As a primary service, PMC provides long-term and temporary planning assistance for a
(916)361-1574 Fax
diverse range of agencies in California, including rural communities, counties, and urban
SAN DIEGO
centers. On-site and off-site planning assignments staffed by PMC employees range
10951So:rentoValley Road
from public counter assistance, permit processing, code enforcement, General Plan and
Suite 1-A
San Diego, CA 92121
zoning code updates, and project management of major application submittals. With
(858)453-3602 Phone
our public agency orientation we avoid any conflicts of interest and have no direct
(858)453-362E Fax
contractual relationships with the development community in the area.
1.866-828-6762
With a municipal focus, PMC continues to assist governmental agencies as they look for
more creative and efficient ways to maximize limited fiscal resources. The use of PMC's
services; staff resources, and technical assistance is an effective and viable option to
meet the ever-changing demands placed on local, regional, and state agencies.
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Mr. Charley Stump, Director, Planning & Community Development
City of Ukiah
Page 2
CONTRACT STAFF SERVICES
We have provided long-term and temporary planning
assistance for a diverse range of agencies in California,
including rural communities and urban centers.. Locally,
PMC has been providing assistance to the Counties of
Sutter, Butte, Tehama, Yuba, Yolo, Solano, Sonoma,
Mendocino, Marin, and Napa, as well as providing
contract staff services to the cities of Willits, Cotati,
Cloverdale, Santa Rosa, Fort Bragg, Lakeport, Clearlake,
Corte Madera, Willows, Rancho Cordova, Rocklin,
Roseville, Elk Grove, Folsom, Gridley, Oroville, Biggs,
Orland, Anderson, Yuba City, Chico, Shasta Lake, Red
Bluff, Yreka and Redding.
Our on-call services offer an effective and cost efficient way to respond to your department's fluctuating
workload. For current planning projects, PMC staff members are capable of processing applications
from initial review through to hearings. Specific- tasks typically include review for application
completeness, corresponding with project sponsors, conducting (or managing) CEQA review, preparing
staff reports and analysis, coordinating noticing and other City procedures, and participating in necessary
meetings and hearings. We are extremely flexible in how we can meet your needs. Staff can be
provided on-site, work can be completed in our offices, or we can combine an on-site presence
supplemented by off-site staffing or work. Additionally, we pride ourselves with our ability to work with
and integrate well with in-house planning staff.
As noted above, we can split the workload between senior and junior level staff, which cuts costs and
expands resources. Contracts may also be arranged as lump sum, hourly, or monthly retainer,
whichever best serves your needs. Resources are available to meet increased workload, unlike fulltime
employees, as work decreases, so do contract staff costs.
THE CONTACT PERSON FOR ASSIGNMENTS TO PMC BASED ON THIS PROPOSAL IS:
Ignacio (Nash) Gonzalez, Project Manager/Director
1590 Drew Avenue, Suite 120
Davis, CA 95616
530-750-7076, Fax 530-750-2811, Cell 707-332-6263
Email: ngonzalez@pacificmunicipal.com
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Mr. Charley Stump, Director, Planning & Community Development
City of Ukiah
Page 3
PROJECT UNDERSTANDING
As indicated above, it is PMC's understanding that the City seeks immediate assistance in the processing
of a range of development applications. The City would like PMC to process current planning
assignments from start to finish including any required environmental documentation and mitigation
monitoring and compliance with project conditions. In addition to this workload, it is anticipated that
PMC staff may also be needed for other planning tasks to be determined based on need. PMC further
understands the City's needs as follows:
CURRENT PLANNING
The City of Ukiah is seeking support for current planning projects,
including processing three current planning projects that are in various
stages of processing. Assistance may be required on new development
applications as well, which may include tentative subdivision and parcel
maps, review of conditional use permits, variances, design review and
other current planning tasks. In our assistance to the City of Ukiah, we
would be responsible for all aspects of development application review.
This would begin with review of application materials for completeness
and end with presentation to decision makers, with follow up mitigation
monitoring. We can provide for all noticing. inter-dennrrmPnral mnA
inter -agency coordination, review for consistency with applicable laws,
regulations and policies, preparation of staff reports and resolutions, etc. PMC has significant
experience in providing these services to other cities and can easily extend service to the City of Ukiah.
LONG RANGE PLANNING
The City is seeking consultant support for two City -initiated zoning code amendment projects; co -
planner on a Form Based Code project for the Downtown and Perkins Street Corridor; and assistance
on a Conceptual Plan project for a large vacant land holding. PMC can also assist the City with its
General Plan Update and Zoning Code preparation as well as other long range planning and policy
planning efforts.
SCOPE OF WORK
PMC's proposed Scope of Work to provide short-term contract planning services on a time -and -
materials basis to the City is based upon our review of the Request for Qualifications (RFQ) regarding
the potential tasks that can reasonably be undertaken to provide a maximum amount of benefit while
acknowledging contract service limits. The work tasks shown below represent PMC's understanding of
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Mr. Charley Stump, Director, Planning & Community Development
City of Ukiah
Page 4
the near-term needs of the City. Should the City desire to modify the tasks below to achieve
alternative department/City goals or to add additional value to the City from this engagement, PMC will
be more than happy to discuss how we can modify our proposed Scope of Work to provide a maximum
amount of utility.
TASK I: PROVIDE INITIAL EVALUATION AND REVIEW OF NEW LAND DEVELOPMENT
APPLICATIONS
Work Effort: PMC will review new land development applications to determine the level of
completeness of the application. Upon review of the application, PMC will prepare a letter to the
applicant outlining the applications level of completeness and the information that is necessary to
complete and/or process the application. For those projects deemed to be complete, PMC will initiate
the process of distribution of the application for staff and agency review.
Deliverable(s) Initial Project Review Letter
TASK 2: PREPARATION OF PROJECT DESCRIPTION(S)
Work Effort Upon the determination that the application meets City of Ukiah submittal guidelines,
PMC will prepare a Project Description for the project that will be used for the preparation of CEQA
documentation (as necessary) and that will be distributed for outside Agency review as part of the
project review package. The Project Description will include basic information regarding location,
proposed land use, conformity with City land use and zoning plans, basic infrastructure information and
site and area characteristics that may affect the review of the project. PMC will coordinate the contents
of the Project Description with the applicant prior to its distribution as outlined in Task 3.
Deliverables) Project Description
TASK 3: ROUTING OF PROJECT DESCRIPTIONS AND APPLICATION MATERIALS
Work Effort PMC will route Project Descriptions and Application Materials to both internal City
departments and outside agencies for review. Unless otherwise provided for by existing City staff
and/or processes, PMC will be responsible for preparing routing materials and for the organization and
consolidation of all responses. Upon receipt of internal and external agency review comments, PMC will
prepare and distribute the comments to the project applicant and the Planning and Community
Development Director.
Deliverable(s) Agency / Department review packages; consolidated project comment
packages.
TASK 4: PREPARE AND/OR MANAGE THE PREPARATION OF THE APPROPRIATE
ENVIRONMENTAL DOCUMENTATION FOR PROJECT CONSIDERATION
Work Effort: PMC staff will prepare the necessary CEQA documentation to support the
consideration of the project by the reviewing body. PMC's assigned staff will prepare an Exemption
(where determined to be appropriate) or Initial Study to determine the level of review required for the
project and will complete the preparation of a Negative Declaration / Mitigated Negative Declaration as
required. For those projects where, itis determined that an Environmental Impact Report is required,
PMC staff will advise the Planning and Community Development Director to review options for the
preparation and acquisition of necessary materials.
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Mr. Charley Stump, Director, Planning & Community Development
City of Ukiah
Page 5
Deliverable(s) Prepare Appropriate Level of Environmental Documentation to Support
the Consideration of the Project by the Reviewing Body.
TASK 5: STAFF DEVELOPMENT COMMITTEE MEETINGS
Work Effort: PMC staff will attend and participate in Staff meetings on each of the projects assigned
to PMC for review and consultation. PMC will provide input on project related items to include general
plan consistency, zoning, project modifications, CEQA review and application processing.
Deliverable(s) Attendance and participation at Staff meetings.
TASK 6: PREPARATION OF PROJECT STAFF REPORTS), CONDITIONS OF APPROVAL
AND DOCUMENTATION
Work Effort: Following the detailed review of the project, supporting application materials, and a
review of staff and outside agency comments related to the project, PMC will prepare draft Staff
Report(s), Conditions of Approval and appropriate project documentation for each project. PMC will
coordinate the preparation and review of the draft Report(s) and Conditions with the Planning and
Community Development Director prior to their distribution to the project applicant and formal
publication.
Deliverable(s) Preparation of Staff Reports, Conditions of Approval and Project
Documentation.
TASK 7: PRESENTATION OF PROJECTS TO REVIEWING BODIES
Work Effort: Following the preparation of project Reports, Conditions and Documentation, PMC will
present each project to the appropriate reviewing bodies (i.e. Planning Commission, City Council).
PMC's assigned staff will attend all required project review meetings and complete all follow-up work
necessary to finalize the actions of the reviewing body.
Deliverable(s) Presentation of Project to Reviewing Bodies.
TASK 8: FOLLOW UP/MITIGATION MONITORING AND COMPLIANCE
Work Effort As assigned, PMC staff will conduct post -entitlement review for building permits,
tentative and final subdivision maps, improvement plans prior to issuance of any post -entitlement
permits for compliance with conditions of approval, and or local, state and federal requirements.
Deliveroble(s): Review and issuance of post -entitlement permits and implementation of development
conditions of approval and mitigation measures.
BUDGET
Initially, PMC will provide contract planning services to the City of Ukiah on a time and materials basis
with a not to exceed amount to be determined by the City. In an effort to maintain a high degree of
flexibility and an acknowledgement of the limited resources available under this contract, PMC
anticipates that the City will determine those projects that it desires to have PMC undertake at this time
on a case-by-case basis.
4L')
Mr. Charley Stump, Director, Planning & Community Development
City of Ukiah
Page 6
KEY PERSONNEL
As outlined above, it is our understanding that the City of Ukiah is seeking short-term assistance from a
qualified consultant to provide both current and long range planning services to assist the City in the
processing of various development projects. Specific tasks may include application review, early
consultations, agency distribution and comment consolidation, attendance and participation at Staff
meetings, and case presentations at public hearings. In response, PMC has identified eight individuals
who would be available to respond to specific requests, depending on the nature and complexity of the
assigned task. The depth and breadth of our professional staff will allow us the flexibility to provide staff
resources in a timely and appropriate fashion. To ensure continuity of service, we propose to assign
Ignacio Gonzalez as the primary point of contact. Mr. Gonzalez manages current planning staff for the
North Coast California operations in our Davis office and will be able to ensure that appropriate
resources are allocated to meet the City's needs. To ensure that the City's needs are met, PMC is also
assigning Gary Pedroni as a Deputy Project Manager. Mr. Pedroni assists in the management of various
contract staffing operations and will also have responsibility for ensuring that the City of Ukiah's needs
are met in a timely and professional manner. Together, both Mr. Gonzalez and Mr. Pedroni will ensure
that the City's needs are adequately served. PMC proposes to assign both Mr. Gonzalez and Mr.
Pedroni as the key project planners for the City of Ukiah. Both Mr. Gonzalez and Mr. Pedroni will
provide an on-site presence to the City as needed and will be responsible for the majority of planning
tasks. Their proximity to the City of Ukiah will allow them to serve the City in an efficient and timely
manner. Additionally, other staff maybe assigned depending on availability and project expertise. All
assigned staff workout of Ukiah, Davis and Rancho Cordova offices, which will minimize travel time and
allow for quick response when an on-site presence is required.
Provided below are descriptions of several PMC staff members who would be available to assist the City
of Ukiah.
IGNACIO GONZALEZ, AICP—PROJECT MANAGER/DIRECTOR
Mr. Gonzalez is a Senior Associate with PMC and brings over 20 years of planning experience with
public agencies to PMC. He specializes in the areas of current planning, design review, and development
application processing. He has performed tasks such as General Plan updates and amendments, Housing
Element updates, Zoning Ordinance preparations/amendments, and processing large commercial,
industrial, and residential developments. . Mr. Gonzalez's experience also includes preparation of
complex reports and studies related to design review, and development policy evaluation. Mr. Gonzalez
has also assisted numerous communities, including Clearlake, Corte Madera, Walnut Creek, Santa Rosa,
Healdsburg, Cotati and the County of Mendocino with the review and processing of telecommunication
facilities and accompanying entitlements. He has also been involved in the preparation of various CEQA
documents and technical studies, Mitigated Negative Declarations, Environmental Impact Reports;
presentations to City Councils, Board of Supervisors and Planning Commissions.
Mr. Gonzalez has provided contract staff and management services to the following cities: Willits,
Clearlake, Cotati, Hillsborough, Walnut Creek, Corte Madera, Santa Rosa, Fort Bragg and the Counties
of Solano, Mendocino, Butte and Sonoma. He has also provided project management services to various
jurisdictions, including the management of EIR's and large commercial/industrial projects, including the
management of a 270,000 sq. ft. mixed use retail center for the City of Cotati, which includes a Lowe's
Home Improvement Center. Mr. Gonzalez also specializes in Subdivision/Map Act review as well as the
implementation of the Surface Mining and Reclamation Act (SMARA).
Mr. Charley Stump, Director, Planning & Community Development
City of Ukiah
Page 7
GARY PEDRONI—DEPUTY PROJECT MANAGER
Mr. Pedroni provides current and advance planning for complex projects and studies including specific
plans, community/area plans, EIR preparation/review, airport plan development (CLUP) and
implementation, and redevelopment agency planning. Mr. Pedroni has worked in the planning field for
over 20 years. He has acted as Departmental Environmental Coordinator, routinely made oral and
written presentations to decision-making bodies such as City Councils, County Board of Supervisors,
Planning Commissions, and Citizen Advisory Groups. He has coordinated complex project review with
numerous levels of government agencies, including Airport Land Use Commissions, Archaeological
Commissions, and the California Coastal Commission. He has also formulated work programs, drafted
grant proposals, and administered project budgets. Mr. Pedroni is currently managing planning projects
for the City of Clearlake and is also overseeing the preparation of the Environmental Impact Report
(EIR) for the City of Cloverdale's General Plan Update. Mr. Pedroni has served as a contract planner
for the City of Santa Rosa, City of Corte Madera, and the City of Willits.
KAREN MANTELE—SENIOR PLANNER
Ms. Mantele is a Senior Planner with PMC and brings over 10 years of planning experience with public
agencies to PMC. Ms. Mantele specializes in current planning and long range planning, CEQA
compliance and CDBG program administration. Ms. Mantele has served as project manager for a variety
of planning and environmental documents, including Specific Plans, EIR's, and a 600 residential unit/golf
course/commercial resort development, as well as the preparation of the City of Clearlake's Housing
Element. Ms. Mantele possesses outstanding project management, writing and analytical skills. She has
provided front counter assistance and recommendations to the public, developers, and landowners on
how to achieve compliance with land use issues. During her tenure with the City of Clearlake she was
responsible for the preparation and administration of CDBG/EDBG grants, as well as the administration
of the City's Building Department, including plan reviews for zoning compliance and building permit
issuance.
TERRY FARMER—ASSOCIATE PLANNER
Terry Farmer has extensive experience in the preparation of CEQA and NEPA environmental review
and compliance documentation and has been involved with several jurisdictions in current planning. Mr.
Farmer has worked for the City of Orland, preparing CEQA compliance documentation, reviewing
project applications and preparing staff reports for the Orland Planning Commission. He has also
worked for the City of Biggs, assisting the City planner in answering inquiries and preparing documents.
Prior to joining PMC, Mr. Farmer worked as a planning intern for the City of Mt. Shasta, in which
capacity he reviewed project applications, conducted environmental reviews, and drafted ordinances and
reports.
DEREK WONG—MUNICIPAL FINANCE MANAGER
Mr. Wong has I I years of consulting experience specializing in infrastructure financing of public facilities.
He has managed complex engagements that require the identification and analysis of revenues and costs
for local and regional projects and programs, including for the transportation and development
communities. He has developed various revenue strategies and funding mechanisms that involve
consensus building with local community stakeholders and governing boards to bridge funding shortfalls
with capital facilities. Mr. Wong teaches seminars on public financial management to planning and
finance professionals throughout California with coursework including revenue strategies and financial
planning techniques. He is currently in his third year of teaching these seminars.
q,141
Mr. Charley Stump, Director, Planning & Community Development
City of Ukiah
Page 8
MIKE MARTIN—ASSOCIATE PLANNER
Mr. Martin is an Associate Planner in PMC's Chico office. Mr. Martin's responsibilities include
environmental planning, policy document preparation, and contract services with client agencies. Mr,
Martin has over seven years experience in the urban planning field. As a Project Manager, Mr. Martin
was involved in ten Housing Element updates for cities and counties in California. As an Assistant
Project Manager he has completed Environmental Impact Reports for large-scale residential
developments, multi -use developments and General Plans. Mr. Martin has also written municipal service
reviews and development impact fee updates. In addition, Mr. Martin has completed numerous Initial
Studies/Negative Declarations, Housing Condition and Income Surveys, Housing Needs Assessments,
and has also written CDBG/PTA and General Allocation grants.
MELISSA FLOYD—ASSOCIATE PLANNER
Ms. Floyd is an Associate Planner with PMC and brings over 5 years of Planning and Natural Resources
experience with both public agencies and private firms. Ms. Floyd specializes in current planning and
development/entitlement review, with an emphasis in natural resources, including vineyard
conversions/developments, review of Timber Harvest Plans (THPs), Williamson Act compliance/review
and CEQA compliance. She has served as a project manager for two EIR/EIS's involving flood control
and restoration as well as an integrated aquatic plant management program. Ms. Floyd has also
processed numerous development applications, such as conditional use permits, variances, tentative
subdivision maps, rezones, including the preparation of associated environmental documents such as
Initial Studies and Negative Declarations. Ms Floyd also specializes in Reclamation Plan Review
(SMARA), including annual monitoring inspections; financial assurance review, and is a certified arborist.
Currently, Ms. Floyd is providing contract staff planning assistance to the Cities of Clearlake and
Cloverdale. Additionally, she is collaborating and serving as the project manager for the preparation of
an EIR for and entitlements for a hillside quarry located in southwestern Sonoma County for the
Sonoma County Permit and Resource Management Division.
CHRIS TAYLOR—ASSISTANT PLANNER
Mr. Taylor provides a variety of services for PMC clients, including environmental review, project review
and processing, research, air quality impact analysis, and public information. His work includes both
current and advanced planning projects. In 2005, Mr. Taylor will seek LEED accreditation, with the goal
of providing clients with consulting services to ensure that new development projects are designed with
energy -conserving features. Mr. Taylor is providing current planning staff support services to the
Sonoma County Permit and Resource Management Division.
ADDITIONAL STAFF RESOURCES
The above list represents the staff which PMC anticipates will be required, however it is possible that
the need for additional staff may arise. Therefore PMC may assign additional staff types as necessary to
complete the services required under this agreement. Compensation rates for additional staff types will
be determined by PMC and will be consistent with the rates listed herein. Assignment of additional staff
will not change the budget of this agreement, unless agreed upon by both parties with the execution of
an amendment. Examples of work from any PMC staffer can be made available upon request.
is
Mr. Charley Stump, Director, Planning & Community Development
City of Ukiah
Page 9
BILLING RENES
The following billing rates are applicable for the individuals named in this proposal. Mileage is billed at
the federal government rate of $0.44.5 per mile.
Name/Staff
Pilling Rate
Project Director/Manager
$120/hr
Senior Associate
$120/hr
Deputy Project Manager
$100/hr
Municipal Finance Manager
$100/hr
Senior Planner
$95/hr
Associate Planners
$85/hr
Assistant Planner
$70/hr
Mr. Charley Stump, Director, Planning & Community Development
City of Ukiah
Page 10
SELECTED RELEVANT EXPERIENCE
Below please find a list of selected relevant experience for PMC. This list is broken into four categories:
Planning Services, General Plans, Environmental Documentation, and Other.
PLANNING SERVICES
City of Anderson
Contract Staff
PMC served as the Planning Department staff for the City of Anderson. PMC assisted with all aspects of
advanced and current planning, reuse and redevelopment activities,'CEQA compliance, staff report
preparation, presentations to the Planning Commission and City Council, counter assistance,
entitlement and permit review, and related activities.
City of Biggs
General Plan Update, Zoning Ordinance and Contract Planning Staff
PMC has served as the planning staff to the City of Biggs since August of 1995. A key element of PMC's
role was completion of the City's general plan update. Originally started as an in-house project, the City
contracted for assistance in completing the general plan and the project
environmental review. After adoption, the General Plan received a statewide
APA award for small jurisdictional planning programs. PMC also prepared the
City's first comprehensive Zoning Ordinance to assist in the implementation
of the General Plan.
In addition to general plan related tasks; PMC staff fulfills all current planning
duties for the City. This has included processing Tentative Subdivision Maps,
Use Permits and Variances, preparing new ordinances establishing Planning
Commission duties and Residential Development Standards, and pursuing
grant -funding options for design and implementation of flood control projects.
Butte County Airport Land Use Commission (ALUC)
Contract Staff
PMC provided contract staff to the Butte County ALUC during the update of the Comprehensive Land
Use Plan (CLOP). Duties included research and document preparation; coordination with the consulting
team preparing the CLUP; preparation of staff reports and recommendations and monthly presentations
to the ALUC; and daily interaction with ALUC Commissioners and County staff.
City of Elk Grove
General Plan and Contract Staff
Serving as contract staff since the City's incorporation, PMC recently completed the City of Elk Grove's
first general plan, which included the preparation of a Background Report and General Plan- policy
document, identification of city-wide issues, the formation of General Plan land use alternatives, and
preparation of the associated Environmental Impact Report. This process included more than thirty
public visioning workshops, meetings, and hearings to facilitate the implementation of the residents'
views and ideas about the future development of the city. PMC has also worked with a General Plan
Advisory Committee (GPAC) for more specific guidance on General Plan goals, policies, and action
items. This General Plan is scheduled for completion in late spring 2003.
Mr. Charley Stump, Director, Planning & Community Development
City of Ukiah
Page I I
City of Etna
Contract Planning Services
PMC provided staff to serve as a Planner for the City. Services included providing advice to the City
Council in regards to the planning department as well as providing a complete revision of the City's
Zoning Ordinance, fee schedule for planning permits, Home Occupation, and Sign Ordinances.
Monterey County Planning and Building Inspection Department
Contract Staff and Coastal Permit Processing
PMC provides adjunct planning services.to assist County staff with application review, permit processing,
and CEQA compliance. Services include the processing of administrative permits, grading permits, use
permits, coastal permits, and policy analysis. As contract planners, PMC staff conducts all aspects of
project review including the preparation of staff reports, initial studies/mitigated negative declarations,
mitigation monitoring and reporting programs, notices, and presentations before the Zoning
Administrator, Planning Commission, and Board of Supervisors. PMC's Monterey office serves as an
extension of PBI, with a full library of County background planning documents. PMC staff prepared the
initial study template currently utilized by PBI staff and have been assigned more than 40 'projects
including new single-family structures, remodels and demolitions, major subdivisions, tunnel
construction, roadway projects, and hospitality resort facilities.
Monterey County Redevelopment Agency and Public Works
Contract Staff
PMC has been providing contract services to Monterey County Redevelopment Agency and Public
Works Department for the past several years primarily in the areas of redevelopment, grant applications
and administration, planning, environmental review, housing studies, and economic and financial services.
Services have included staff assistance with redevelopment projects, private development projects,
community planning, project feasibility, infrastructure studies, inclusionary housing programs, and general
development review.
City of Orland
Contract Staff
PMC currently serves the City of Orland in the capacity of contract planning staff. In this capacity, PMC
provides the full range of services to the City related to municipal planning services. Specific duties
include weekly office hours, public contact and information distribution via phone, e-mail and personal
contact, staffing of Planning Commission meetings, processing and review of development applications to
include site plans, subdivision and parcel maps, use permits, rezoning requests and variance applications.
Additional tasks performed by PMC in this role include the preparation of environmental reports and
documentation, the processing of annexation requests and minor code enforcement responsibilities.
PMC is responsible for all aspects of the daily operations of the planning department for the City and
provides contract planning services as a direct extension of City staff.
City of Mt. Shasta
Contract Staff
Through our office in Mt Shasta, PMC served as the Planning Department
staff for the City of Mt Shasta. Reporting to the City Manager, PMC
assisted with all aspects of advanced and current planning, reuse and
redevelopment activities, CEQA compliance, staff report preparation,
presentations to the Planning Commission and City Council, counter
assistance, entitlement and permit review, and related activities.
1L4)
Mr. Charley Stump, Director, Planning & Community Development
City of Ukiah
Page 12
City of Redding
General Plan Update
PMC served as an extension of staff within the City of Redding's Development Services Department
focusing on preparation of various draft elements for the City's General Plan Policy Document. Specific
elements prepared by PMC staff include: Recreation, Circulation, Public Facilities and Services, Safety,
Noise, and Natural Resources. Other tasks include research, coordination with other City
Departments, and participation at General Plan Task Force meetings.
City of Redding
Contract Staff
PMC provided support to the City of Redding Staff in preparation of their newly adopted zoning
ordinance and substantive changes to the General plan. PMC. worked closely with Staff members
preparing both the text of changes and staff reports.
City of Lake Shasta City
On -Call Staff
PMC provides on-call planning and technical assistance for the City. Working independently, or with
City Staff, PMC provides all detail necessary to consider and approve projects. Work includes public
notices, staff reports, environmental documentation, client meetings and representing projects before
the Planning Commission and City Council.
Sutter County
Comprehensive Contract Planning Services
PMC staff members have an on-going six-year relationship with Sutter County, providing contract staff
assistance for the processing of land development applications, General Plan Update and background
report assistance, staff report preparation, ordinance and resolution assistance, and advisory services in
conjunction with the North Natomas Habitat Conservation Plan.
City of Weed
Planning Staff Support
PMC provides planning staff support for special projects and development review. As an on-call service,
we prepare staff reports, conditions of approval, and related analyses for presentations to Planning
Commission and City Council.
City of Willows
On -Call Environmental Services
PMC provided on-call environmental services to the City for a wide variety of projects subject to
CEQA. This included evaluating commercial and residential projects.
Yuba County
Contract Staff
PMC currently serves Yuba County in the capacity of contract planning staff. In this capacity, PMC
provides the full range of services to the County related to County planning services.Specific duties
include weekly office hours, public contact and information distribution via phone, e-mail and personal
contact, staffing of Planning Commission meetings, processing and review of development applications to
include site plans, subdivision and parcel maps, use permits, rezoning requests and variance applications.
Mr. Charley Stump, Director, Planning & Community Development
City of Ukiah
Page 13
Additional tasks performed by PMC in this role include the preparation of environmental reports and
documentation and minor development code writing and amendment tasks. PMC functions as an
extension of agency staff and operates within the framework of existing agency operations.
City of Yreka
On -Call Staff
PMC provides on-call planning and technical assistance for the City. Working
independently, or with City Staff, PMC provides all detail necessary to consider
and approve projects. Work includes public notices, staff reports,
environmental documentation, client meetings and representing projects before
the Planning Commission and City Council.
City of Santa Rosa
Contract Staff
PMC currently serves the City of Santa Rosa in the capacity of contract planning staff. In this capacity,
PMC provides the full range of services processing of various land development applications, including
design review, conditional use permits, tentative subdivision maps, variances, general plan amendments,
rezoning, including preparation of environmental documentation. PMC staff also staff the Design Review
Committee, Planning Commission, and City Council hearings. PMC also provides post -entitlement
assistance with plans examination and permit review for compliance with zoning, conditions of approval
and improvement plans. PMC is also providing assistance with project management of an EIR for a
Home Depot Development project.
City of Willits
On -Call Environmental and Contract Planning Services
PMC provides on-call environmental and contract planning services to the City for a wide variety of
projects, including residential, commercial, and industrial. Additional services include policy document
review, ordinance amendments, as well as the preparation of special studies and other duties as
assigned. PMC staff is currently working with the City in the preparation of the City's Land Use Code.
City of Cotati
Contract Staff
PMC has been serving the City of Cotati for the last 2/2 years by providing all facets of project
development review. PMC staff is currently managing all entitlement review/processing for a 270,000 sq.
ft. residential/retail commercial mixed-use development, which includes a 165,000 sq. ft. Lowe's Home
Improvement Center.
County of Mendocino
Contract Staff
PMC currently serves Mendocino County in the capacity of contract planning staff. In this capacity, PMC
provides the full range of services to the County related to County planning services. PMC provides
adjunct planning services to assist County staff with application review, permit processing, and CEQA
compliance. Services include the processing of tentative subdivision maps, use permits, coastal permits,
and policy analysis. As contract planners, PMC staff conducts all aspects of project review including the
preparation of staff reports; initial studies/mitigated negative declarations, mitigation monitoring and
reporting programs. PMC staff is currently providing SMARA lead agency assistance, including financial
assurance review, preparation of annual monitoring reports, as well as the management of the
preparation of an EIR for a quarry expansion.
cco
Mr. Charley Stump, Director, Planning & Community Development
City of Ukiah
Page 14
Town of Corte Madera
Contract Staff/General [plan Update
PMC is currently providing contract staff assistance for all facets of development project review,
including design review and public assistance. PMC is also currently working with the Town on its
comprehensive General Plan update and accompanying Program EIR.
CLIENT REFERENCES
Please find listed below twelve references that can provide information about PMC relative to project
management, work product, schedule, budget and contract planning services.
Angela Basch, Interim Community Development Director Kim Seidler, Planning Director
City of Clearlake City of Chico
707-994-8201 530-895-4852
Joe Riker III, City Manager
Jim Hamilton, Planning Director
City of Orland
City of Redding
530-865-1600
530-225-4020
Jo Sherman, Planning Manager
Mike Mistrot, City Manager
City of Oroville
City of Willows
530-538-2430
530-934-7041
Randy Cagle, City Administrator
Tim Snellings, Director of Development
Services
City of Biggs
Butte County
530-822-7400
(530) 538-7541
Marie A. Meredith, Deputy Director
Alan Falleri, Community Dev. Director
City of Santa Rosa
City of Willits
707-543-3181
707-459-7124
David Woltering, Planning Director
Robert J. Pendoley, Assist. Town Manager
City of Cotati
Town of Corte Madera
707-665-3638
415-927-5064
iCj
Mr. Charley Stump, Director, Planning & Community Development
City of Ukiah
Page 15
ABILITY TO COMPLY
PMC has reviewed the Notice of Requests for Qualifications & Proposals (RFQP) for Municipal Planning
Services, and is confident that should PMC be the selected consultant, we will be able to agree to
mutually acceptable contract terms. PMC routinely signs Professional Services Agreements with various
municipalities. We believe resolution of minor language changes can be easily attained, and have not had
difficulty resolving terms with municipalities similar in nature to the City of Ukiah.
CONFLICT OF INTEREST
PMC has no past, actual, apparent, or potential conflicts of interest that may exist relative to the
services to be provided under the Agreement for consulting services to be awarded pursuant to this
RFPQ. Further, PMC will avoid all actual, apparent or potential conflicts of interest relative to the
services to be provided under the Agreement for consulting services pursuant to this RFPQ.
Please let us know if you need any additional information, or have questions regarding this submittal. If
you desire, we can provide you with a more detailed proposal specifying a proposed approach based on
your needs. Once again, thank you for your interest in PMC. Please feel free to give me a call at 707-
33276263 if you have any questions or need additional information.
Sincerely,
PMC
aS ��—
Ignacio (Nash) Gonzalez, AICP
Senior Associate
IG:sk
Appendices:
A Organizational Chart
B Resumes
C Insurance Certificate
Cc: Chris Stabenfeldt, PMC
P:1Ukiah, City of\P06-0654
p
EXHIBIT B
INSURANCE REQUIREMENTS
CONSULTANT shall procure and maintain for the duration of the contract insurance against claims
for injuries to persons or damages to property which may arise from or in connection with the
performance of the work hereunder by the CONSULTANT, his agents, representatives, employees or
subcontractors.
A. MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. Insurance Services Office form number GL 0002 (Ed. 1/73) covering Comprehensive
General Liability and Insurance Services Office form number GL 0404 covering Broad
Form Comprehensive General Liability; or Insurance Services Office Commercial General
Liability coverage ('occurrence" form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability,
code 1 "any auto" and endorsement CA 0025.
3. Worker's Compensation insurance as required by the Labor Code of the State of
California and Employers Liability insurance, if CONSULTANT has employees who will
directly or indirectly provide service or support CONSULTANT in his provision of services
under the Agreement.
B. MINIMUM LIMITS OF INSURANCE
CONSULTANT shall maintain limits no less than:
General Liability: $1,0000,000 combined single limit per occurrence for bodily
injury, personal injury and property damage. If Commercial General Liability
Insurance or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to this project/location or the general
aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury
and property damage.
3. Worker's Compensation and Employers Liability: Workers compensation limits as
required by the Labor Code of the State of California and Employers Liability limits of
$1,000,000 per accident.
P
C. DEDUCTIBLES AND SELF-INSURED RETENTIONS
Any deductibles or self-insured retentions must be declared to and approved by the City of
Ukiah. At the option of the City of Ukiah, either the insured shall reduce or eliminate such
deductibles or self-insured retentions as respects the City of Ukiah, its officer, officials,
employees and designated volunteers; or the CONSULTANT shall procure a bond
guaranteeing payment of losses and related investigations, claim administration and defense
expenses.
D. OTHER INSURANCE PROVISIONS
The policies are to contain, or be endorsed to contain, the following provisions:
1. General Liability and Automobile Liability Coverages
a. The City of Ukiah, its officers, officials, employees and designated volunteers are to
be covered as insured's as respects; liability arising out of activities performed by or
on behalf of the CONSULTANT, products and completed operations of the
CONSULTANT, premises owned, occupied or used by the CONSULTANT, or
automobiles owned, leased, hired or borrowed by the CONSULTANT. The coverage
shall contain no special limitations on the scope of protection afforded to the City, its
officers, officials, employees or designated volunteers.
b. The CONSULTANT'S insurance coverage shall be primary insurance as respects the
City of Ukiah, its officers, officials, employees and designated volunteers. Any
insurance or self-insurance maintained by the City of Ukiah, its officers, officials,
employees or designated volunteers shall be excess of the CONSULTANT'S insurance
and shall not contribute with it.
C. Any failure to comply with reporting provision so the policies shall not affect
coverage provided to the City of Ukiah, its officers, officials, employees or designated
volunteers.
d. The CONSULTANT'S insurance shall apply separately to each insured against whom
claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
2. Worker Compensation and Employers Liability Coverage
The insurer shall agree to waive all rights of subrogation against the City of Ukiah, its
officers, officials, employees and designated volunteers for losses arising from work
performed by the CONSULTANT for the City of Ukiah.
3. All coverages
Each Insurance policy required by this clause shall be endorsed to state that
coverage shall not be canceled except after thirty (30) days prior written notice by
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U.S. mail, postage prepaid, has been given to the City of Ukiah, except ten (10)
days prior written notice shall be given for cancellation due to non-payment of
premium.
E. ACCEPTABILITY OF INSURERS
Insurance is to be placed with insurers with a Best's rating of no less than A:VII.
F. VERIFICATION OF COVERAGE
CONSULTANT shall furnish the City of Ukiah with certificates of insurance and with original
endorsements effecting coverage required by this clause. The certificates and endorsements
for each insurance policy are to be signed by a person authorized by that insurer to bind
coverage on its behalf. The certificates and endorsements are to be on forms provided by
the City of Ukiah. Where by statute, the City of Ukiah's Worker's Compensation, related
forms cannot be used, equivalent forms approved by the Insurance Commissioner are to be
substituted. All certificates and endorsements are to be received and approved by the City
of Ukiah before work commences. The City of Ukiah reserves the right to require complete,
certified copies of all required insurance policies, at any time.
G. SUBCONTRACTS
CONSULTANT shall include all subcontractors as insureds under its policies or shall furnish
separate certificates and endorsements for each subcontractor. All coverages for
subcontractors shall be subject to all of the requirements stated herein.
3
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