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PUBLIC NOTICE
REQUEST FOR PROPOSALS
Downtown East Precise Plan
Release Date: March 11, 2011
Deadline for Submission: April 22, 2011 @ 5:00 P.M.
Contact person: Melody N. Haigh, Senior Planner
mhaigh@ci.hanford.ca.us
559-585-2583 Fax: 559-583-1633
CITY OF HANFORD
317 N. Douty Street
Hanford, CA 93230
City of Hanford Page i
TABLE OF CONTENTS
I. General Project Description ...................................................................................1
A. Project Area ...................................................................................................1
B. Background on Downtown East Study ...........................................................2
C. City Information..............................................................................................3
D. Policy Documents ..........................................................................................4
E. Desired Plan...................................................................................................5
F. Desired Consultants.......................................................................................5
G. Commitment of Financial Support..................................................................5
II. Scope of Work........................................................................................................6
A. Core Elements ...............................................................................................7
• Overall Vision.........................................................................................7
• Physical Revitalization............................................................................7
• Focus Area.............................................................................................8
B. Required Work Elements ...............................................................................9
• Land Use Element..................................................................................9
• Urban Design and Development Standards.........................................10
• Environmental Document and Approvals .............................................11
• Public Participation...............................................................................13
C. Additionally Requested Work Elements – Add/Deduct Items.......................13
• China Alley Revitalization.....................................................................14
• Mercado Relocation .............................................................................14
• Realtor .................................................................................................14
• Developer.............................................................................................14
III. Required Deliverables..........................................................................................14
IV. Consultant Selection Schedule and Project Timeline...........................................14
V. Contact Person ....................................................................................................14
VI. Proposal Content and Organization .....................................................................15
VII. Proposal Evaluation and Consultant Selection.....................................................17
VIII. Modifications or Withdrawal of Proposals.............................................................18
IX. Rejection of Proposals .........................................................................................18
X. Contract Award ....................................................................................................18
City of Hanford Page 1
I. General Project Description
The City of Hanford is requesting proposals for professional consultant services for
the preparation of a Downtown East Precise Plan and associated studies in
accordance with the requirements specified herein and including all provisions set
forth in the accompanying documentation. Under California State law, a document
called a “specific plan” can be prepared for a geographic area in which it replaces
zoning, creates new and special submission/review/processing procedures,
imposes fees, and shows detailed land use on some sites while choosing greater
flexibility on others. A similar document, called a “Precise Plan”, can function in
entirely the same manner, although a Precise Plan is a creation of a local
jurisdiction and is not required to include state-mandated elements. There can be
greater flexibility within a Precise Plan.
The goal of the Downtown East Precise Plan is to promote equitable, affordable
housing, and revitalization within the project area for residential and commercial
purposes. In addition, it will focus on the creation of a developmental plan by
providing current design standards and guidelines. The Precise Plan will provide for
more mixed uses, including increased residential density, personal services, and
entertainment, with shared streets for a safer, more pedestrian friendly experience.
The plan will need to incorporate standards to enhance economic development
strategies, such as form-based zoning.
Downtown East Aerial Map
City of Hanford Page 2
A. Project Area
Downtown East Planning Study Area – Boundaries
North: East 9th Street
South: Railroad Tracks (between E. 5th Street & E. 6th Street)
East: N. 10th Avenue
West: N. Harris Street
The downtown east is a predominantly commercial area which is anticipated to
become an extension of the mix of uses found in the core of Downtown Hanford.
The access provided by 10th
Avenue led to a concentration of auto-oriented uses
throughout the project area. In addition, there is a mix of successful and struggling
businesses, along with a significant number of vacant buildings and vacant parking
lots. Evidence of former vibrancy and achievement is present all through the area,
with remnants of auto dealerships and automotive services, furniture stores, and
small retail shops throughout the downtown. Along E. Seventh Street, which
serves as a gateway into Hanford from 10th
Avenue, a casual visitor would see
strong evidence of decline. Although some businesses are enjoying success in
this economic climate, the presence of vacant lots and shuttered storefronts
suggest strong economic difficulty in the project area.
City of Hanford Page 3
Scattered through the Downtown East study area are highly valued historical sites
like China Alley and the former Chinese School. Its charming design elements like
tile work and architecturally distinctive structures, fine and well-kept businesses
and homes, and warehouse structures that, in more urban environments, would be
magnets for imaginative reuse. Currently more than 80 percent of Downtown East
is zoned Downtown Commercial (DC), a designation which allows a wide range of
retail, financial, governmental, professional, business services, residential and
entertainment uses. There are multi-family residential uses along one block (Ninth
Street) that are zoned RM-3 and one property along 10th
Avenue zoned Mixed
Commercial (MC). The property zoned mixed commercial is primarily in response
to the expectation that the property will convert from residential to commercial.
However, as part of the project, it would be appropriate for this site to have a
General Plan Amendment and Rezone to Downtown Commercial incorporating
form based code zoning instead of the City’s current zoning.
City of Hanford Zoning Map
Legend
Downtown East Boundary
Downtown Commercial “DC” 80% zoned
Mixed Commercial “MC” 5% zoned
Multi-Family Residential “RM-3” 15% zoned
City of Hanford Page 4
B. Background on Downtown East Study
In April, 1975, the Hanford City Council, in cooperation with the downtown
merchants, established the Central Parking and Improvement District and, as a
result, doubled business license taxes in the downtown area. The city council also
agreed to deposit this doubled amount as well as the base amount of business
licenses into a special fund that could be used only for programs and projects
within the downtown area. Establishment of the Central Parking and Improvement
District was the first step of many to improve the downtown. Since 1975, over
$2,000,000 has been spent from this fund on public improvements to make the
downtown more attractive and to encourage community events. In addition,
millions of dollars of private improvements have been made including the
restoration of a multitude of buildings, design of new storefronts, and the actual
construction of several new buildings. Downtown Hanford took on a new look and,
since then, has become a source of community pride and enjoyment.
In 1980, in order to encourage the restoration and rehabilitation of historic
structures, the city council, in cooperation with private community groups,
established a Historic District. This step provided a vehicle for the private sector to
receive special tax credits for the rehabilitation of historic structures. The result
has been that many buildings, which were underutilized, are now bustling with new
tenants and activities.
As a result of the many activities in downtown Hanford, the restoration and
rehabilitation program, and the cooperation between private citizens and city
officials, the City of Hanford, in 1985, entered and won the competition for the
Helen Putnam Award for Excellence awarded by the League of California Cities.
The theme of Hanford's entry was "Looking into the Past to Build the Future", and
was based upon the revitalization of downtown Hanford. Hanford's efforts were
also recognized in 1986 by American City and County magazine, which chose
Hanford as one of ten cities in the United States to receive its prestigious Award of
Merit. Most recently, Rohm and Haas Paint Quality Institute of Philadelphia,
Pennsylvania named the city as one of this country’s “Prettiest Painted Places in
America”.
In 1995, the City Council initiated the Downtown 2010 Improvement Plan. As a
result, in February, 2000, the City Council adopted, by resolution, the Downtown
Architectural Design Guideline Plan and the Downtown Master Streetscape and
Street Tree Guideline Plan as part of the Hanford 2010 – Hanford By Design plan.
This plan is often referred to as the “2010 Plan”. (See
http://www.ci.hanford.ca.us/depts/cd/planning/plans.asp)
In March, 2000, the Hanford City Council, in cooperation with the downtown
merchants, established a new organization called Main Street Hanford. The Main
Street Program is an extension of our Downtown Revitalization Program that
began 25 years ago, producing one of California’s finest downtowns. The Main
City of Hanford Page 5
Street approach is a comprehensive program for downtown revitalization that
stresses a strong public/private partnership, an active committed organization, a
full-time program manager, and a commitment to quality promotional programs.
In 2009/2010, a study was conducted as a precursor to the Precise Plan, preparing
an economic development and revitalization plan for the east side of downtown.
The project study area was identified as 10th
Avenue to Harris Street (east-west),
and Ninth Street to the San Joaquin Valley railroad tracks (north-south). The key
goals for the planning study were to develop a vision for the revitalization of the
project study area, involve business and property owners in and around the
affected area in the formulation of an economic development and revitalization
plan, and develop market-based land use options for the project study area. (See
Downtown East Study Area – Boundaries Map)
In order for the prospective consultant to accurately estimate the complexity and
the amount of effort that will be necessary to complete the project, the original
Downtown East Planning Study is available upon request, or may be downloaded
from the City of Hanford’s website at: http://www.ci.hanford.ca.us/
civica/filebank/blobdload.asp?BlobID=3507.
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 53,266, residing in a 16 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 261employees, 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 general administration and finance.
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 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.
Located in the most rapidly growing region of California, the City has a diverse
population that is largely comprised of populations with a white (64.1%), Hispanic
(38.7%), and Black (5%) 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.
City of Hanford Page 6
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 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.
With a population in 2010 of 53,266, Hanford continues to grow, thrive, and
maintain its community pride as evident in the refurbished buildings, the clean
streets, and the many activities that take place in our city.
D. Policy Documents
The most important guides for framing reuse activities within the Downtown East
Planning Area come from influential reports. These reports will be made available for
the consultants’ use through the City of Hanford website.
• 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
• Water Master Plan
http://www.ci.hanford.ca.us/depts/pw/utilities/uwmp05.asp
• Sewer Master Plan
http://www.ci.hanford.ca.us/depts/pw/utilities/default.asp
• Storm Drain Master Plan
http://www.ci.hanford.ca.us/depts/pw/utilities/default.asp
• China Alley Sanborn Maps (available for viewing upon request)
City of Hanford Page 7
These reports will be made available for the consultants’ use through the City of
Hanford website at: http://www.ci.hanford.ca.us/.
E. Desired Plan
The City of Hanford desires a Precise Plan to establish urban design principles and
standards that will address an appropriate mix of urban land uses for the downtown
east location. A Precise Plan is needed to serve as a guide for four levels of
implementation: 1) to identify essential and necessary revisions to the General Plan
that will be reflected as mandatory objectives for the plan area; 2) to identify a menu
of design and development criteria, standards and urban design concepts; 3) to
prepare a Precise Plan for the Downtown East area representing the desired mix of
land uses and design concepts; and 4) to develop, process, and analyze the
impacts along with certifying all environmental documentation. This will include the
PUD process, traffic study, infrastructure study, and market study. The City
expects that the Precise Plan will incorporate design techniques and concepts that will
thereafter set the stage for a forward-thinking approach to future land use planning as
the City continues to grow.
F. Desired Consultant
The City of Hanford desires to receive proposals from qualified consulting firms who
can develop and present urban design principles and standards into a Precise Plan.
The consultant must be able to incorporate design principles of walkability, mixed-use
development and attractive public spaces into the proposed Downtown East area. In
addition, the consultants must understand the Downtown East area’s history and
character, market 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 planning that
demonstrates the ability to minimize adverse effects resulting from urbanization.
G. Commitment of Financial Support
The City of Hanford must play a substantial role in revitalizing Downtown East by
supporting physical improvements and existing businesses, and by attracting new
projects and new development to the area. In this regard, roles for the City
include:
• Working with developers – whether the developers are acting
independently, in partnership with a landowner or as agent for a landowner;
• Acting as a development partner with landowners and working with them to
prepare and issue Request for Proposals for development;
• Investing in Downtown East through the Capital Improvement Program
(CIP) (using tax increment from the Redevelopment Division, Development
City of Hanford Page 8
Impact Fees, etc.) and/or through the use of grants or other funding
sources;
• Providing fee deferrals based upon existing City policies, or gap financing to
encourage development, as city funding is available; and/or
• Constructing City projects within Downtown East, such as a police station,
recreational building, or a parking facility.
II. SCOPE OF WORK
The purpose of the Precise Plan is to provide policy direction and guidance on how
the Downtown East would develop into a new neighborhood with a mix of
residential, commercial, public, and open space uses. It will provide a specific
vision and policy approach to guide development for new residential and
commercial communities, but also provide details on the type, location, and
intensity of uses. In addition it will define the capacity and design of needed public
improvements and infrastructure, and determine the resources necessary to
finance and implement the public improvements and infrastructure needed to
support the vision. Three important and distinctive features of this Precise Plan will
need to be included: 1) policies and implementation measures to insure
connectivity and integration with land use, density/intensity, allowable uses, design
elements, and development phasing; 2) provide development standards; and 3)
provide environmental analysis.
The Precise Plan will be used as a valuable document for the City of Hanford
Downtown East. It will allow the City to decide the specificity of land use and
development standards for specific locations. A necessary approach is using the
City’s existing planned unit development regulations (Hanford Municipal Code,
Chapter 17.62). The Planned Unit Development (PUD) ordinance would be used
as a template for crafting the Downtown East Precise Plan as a master plan.
The consultant will be required to perform the following tasks:
A. Core Elements
This Precise Plan will include an overall vision to create a vibrant mixed use
neighborhood that acts as a seamless extension of the Downtown Core. The grid
of comfortable shady streets, timeless architecture, green spaces and local
businesses - in combination with a new range of housing styles – will support a
truly livable community. In addition, the vision of Downtown East will incorporate
all the aspirations of landowners and stakeholders fashioned in concert with real
world market realities and financial necessities. The Precise Plan is a specific
document and will use certain elements from the Downtown East Planning Study;
however, it is to be used only as resource and framework for the final product, not
as a duplication. All highlighted elements below (overall vision, physical
City of Hanford Page 9
revitalization, and focus area) are considered the core elements of the Downtown
East Precise Plan and will need to be incorporated and addressed in the Precise
Plan.
Overall Vision
City of Hanford Downtown East Planning Study (Report 4)
http://www.ci.hanford.ca.us/civica/filebank/blobdload.asp?BlobID=3507
• Identify essential and necessary revisions to the General Plan (all affected
Elements thereof) that will be reflected as mandatory objectives for the Plan
area.
• Incorporate design guidelines of walkability, mixed-use development and
attractive public spaces along with historic preservation principles.
• A neighborhood of comfortable, secure, active walk-able streets and alleys;
• A mix of uses and facilities that enliven, enrich and support Downtown
Hanford;
• A celebration of the multi-cultural heritage and historic character of the
neighborhood; and
• An entryway to Downtown that would be a source of City pride.
Physical Revitalization
City of Hanford Downtown East Planning Study (Report 4)
http://www.ci.hanford.ca.us/civica/filebank/blobdload.asp?BlobID=3507
• Mixed use is essential to the revitalization Downtown East.
• Residential development is a cornerstone of Downtown East’s mixed use.
• Commercial/Retail use should occur throughout Downtown East but must
concentrate initially along E. Seventh Street.
• Centralized parking concepts should be utilized, with various methods to
include, but not be limited to, at-grade lots and parking structures.
City of Hanford Page 10
• Revitalization should begin at three “pulse points” along E. Seventh Street:
N. Harris, N. Green, and N. 10th
Avenue – subject to revitalization (see
DEPS Diagram below).
Focus Areas
City of Hanford Downtown East Planning Study (Report 4)
http://www.ci.hanford.ca.us/civica/filebank/blobdload.asp?BlobID=3507
Downtown East Planning Study – Diagram
There are three areas broadly identified within Downtown East where certain types
of land use would be encouraged to concentrate, subject to market analysis.
1. Immediate adjacency of the Downtown Core (Area A),
• Should provide entertainment and hospitality type uses as well, including
sit-down and casual restaurants, outdoor cafes, wine shops, delis,
residences, offices, and other uses.
• Social services, youth facilities and a public recreation facility are
appropriate uses here. Ex. Police stations or other civic uses.
2. The presence of important existing development assets (Area B),
City of Hanford Page 11
• Would provide local-serving support uses such as food markets, drug
stores, beauty and barber shops, and other neighborhood retail uses.
Mixed-use is very appropriate for this area.
3. The outstanding regional access provided by 10th
Avenue (Area C).
• Is located in proximity to the 10th
Avenue corridor and, therefore, has
excellent freeway access. The best uses for this area are large scale
development such as grocery, office supplies, and limited automotive
and similar uses. This area is also the transition to the E. Lacey corridor
and its uses.
B. Required Work Elements
In addition to the core elements, the Precise Plan will include the following
elements:
Land Use Component
City of Hanford Downtown East Planning Study (Report 4)
http://www.ci.hanford.ca.us/civica/filebank/blobdload.asp?BlobID=3507
Organizing Elements of Downtown East
City of Hanford Page 12
The land use component defines the programmatic content of the Precise Plan and
includes those land use diagrams, maps, and/or other figures necessary to
illustrate the proposed land use plan. It should contain the following:
• Identify overall development density and intensity within the
Downtown East PUD area using the PUD averaging methodology.
By adopting a PUD as a master plan (Precise Plan), the applicants
will not need to go through the process, as long as they follow the
standards adopted.
• Comply with AB 32, SB375, and San Joaquin Valley Blueprint.
http://www.valleyblueprint.org/
• A detailed plan map, including an illustrative plan.
• List specific allowed uses and locate special uses in Focus Areas A,
B, and C including phasing/priorities.
Mixed Use
Residential Development
Commercial/Retail Development
Parking
Greenspace
• Potentially implement a form-based code element
Form-Based Code can potentially be implemented and combined with the Precise
Plan document. It must also be integrated into City of Hanford’s existing regulatory
framework (zoning and land development regulations) in a manner that ensures
procedural consistency, meshes with state and local legal requirements, provides
clarity as to applicability of existing regulations, and maximizes the effectiveness of
the code. The new code will regulate development along the heavily used corridor
to ensure high-quality public spaces defined by a variety of building types and uses
including housing, retail, office space, service uses, and open space. The new
code will incorporate a regulating plan, building form standards, street standards,
and use regulations as needed. See www.formbasedcodes.org. for more insight.
Urban Design and Development Standards
City of Hanford Downtown East Planning Study (Report 4)
http://www.ci.hanford.ca.us/civica/filebank/blobdload.asp?BlobID=3507
• Details development regulations that apply within the Downtown PUD
area creating a “Downtown East PUD Overlay Zone”.
City of Hanford Page 13
• Details urban design guidelines and standards that form the basis of
project Ministerial Approvals.
• Documents and describes streetscape and infrastructure
improvements.
• Revises the application review process to include Ministerial
Approval based on conformance with the development standards and
urban design guidelines.
Environmental Document and Approvals
City of Hanford Downtown East Planning Study (Report 4)
http://www.ci.hanford.ca.us/civica/filebank/blobdload.asp?BlobID=3507
The environmental documents and approvals will include developing, processing,
and analyzing the impacts resulting from the implementation of the plan. This will
also include certifying all environmental documentation. In addition, it will include
the process approval of the PUD Precise Plan by the Planning Commission and
Hanford City Council. The environmental documents will include:
• Traffic Study (include vehicular and pedestrian traffic resulting from
increased densities and proposed types of developments)
• Infrastructure Study (sewer, water, and drainage for increased
densities proposed beyond current general plan uses)
1. Transportation/Circulation Plan:
Identification of all necessary transportation improvements inside
and outside the Precise Plan area that provides sufficient capacity
to support the proposed land uses.
A roadway network plan that provides alignments for all interior,
neighborhood, collector, and arterial type roads within the Precise
Plan area, which is consistent with good civil and traffic
engineering practices and consistent with the “complete streets”
concept (an emerging concept that recognize that streets function
more than vehicle moving purposes but are essential for
pedestrian and bicycle travel).
2. Streetscape/Landscape Plan:
The streetscape/landscape plan should establish the standards
and location for landscaped medians, sidewalks, street furniture,
City of Hanford Page 14
and gateway enhancements. This plan needs to be consistent
with the 2010 Plan Streetscape and Street Tree Guidelines.
3. Utilities and Public Services/Facilities Plan:
The plan should define size and location of utilities and public
service facilities, and it should:
Analyze existing utility system (e.g. water, sewer, storm control
and drainage, gas and electrical power, and telecommunications)
for future points of connection and expansion.
Identify location and sizing of water, sewer, and storm drainage
facilities within the Precise Plan study area based upon planned
land uses.
Delineate amount of land needed for right-of way and easements
for public roadways and public infrastructure, including water,
sewer, and storm drainage facilities.
Provide analysis and estimate of the costs to construct and
maintain components of the public infrastructure within the
Precise Plan.
4. Community Facilities Plan:
The plan should define the size and location of community
facilities within the Precise Plan area, including parks, community
center, open space, etc., and it should:
Identify location and sizing of desired community facilities within
the Precise Plan area based upon planned land uses.
Delineate amount of land needed for desired community facilities.
Provide analysis and estimate of the costs to construct and
maintain community facilities within the Precise Plan.
• Market Study
1. Demographic trends
2. Residential Development and Market Assessment
3. Retail Market Assessment
4. Development Feasibility Analysis
5. Phasing and Implementation
6. Development Capacity
City of Hanford Page 15
It will be the consultant’s responsibility to prepare a comprehensive program-level
Environmental Impact Report 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 Precise Plan process. It is anticipated that a
focus EIR or even a Negative Declaration may be an appropriate route; however,
please provide a break down for a comprehensive EIR, focus EIR, and any other
environmental alternatives the consultant feels is an appropriate level of
environmental review.
Public Participation
City of Hanford Downtown East Planning Study (Report 4)
http://www.ci.hanford.ca.us/civica/filebank/blobdload.asp?BlobID=3507
This section will describe the various public participation methods used in the
development of the plan. This project will involve a high degree of public
participation. Local elected officials, residents, business owners, agencies, and
organizations will be strongly encouraged to participate throughout the planning
process. Specific public participation and public education methods that the
consultant will be responsible for formulating and facilitating for this project will
include:
• A Project Steering Committee will be formed with key stakeholders
within and outside the study area. The Project Steering Committee
will meet at key milestone points tied to each required work element.
Consultant will attend, prepare meeting materials, and facilitate the
Committee meetings.
• In coordination with the City of Hanford staff, Consultant will develop
press releases, internet based list serve/broadcast emails, project
based internet site, and social media to help inform the public about
the project.
• Two (2) public hearing meetings will be held at the end of the
process: one for Planning Commission and one for City Council.
Consultant will prepare meeting materials and attend to make the
presentation at the meetings.
• Core Committee is made up of (12) individuals formed by city staff,
Chamber of Commerce, Hanford’s Visitor Agency, Main Street
Hanford, business owners, and key stakeholders.
City of Hanford Page 16
C. Additionally Requested Work Elements – Add/Deduct Items
The City requests that the following additional elements be included in the
proposal. The City, at the time of proposal review, will determine if some or all of
these elements will be selected.
Special Focus Areas
The City of Hanford is interested in possibly retaining services for the below
elements for an additional cost. Please provide a cost break down for these micro-
studies of the following:
• China Alley Revitalization – focusing between Green and White
Streets including private capital from both domestic and foreign;
specifically, for the revitalization of the “Imperial Dynasty”.
• Mercado Relocation – finding a specialized area in Downtown East to
provide a Mercado, possibly moving United Market to another
location.
• Realtor – to help market the project study area.
• Developer – to help start the development process.
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 (12) 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 no later than 5:00 p.m. on April 22, 2011, to the
attention of Project Manager - Melody Haigh. The consultant may need to make
oral presentations of the proposals to the Downtown East Committee, which have
been tentatively scheduled for the week of May 2, 2011.
IV. CONSULTANT SELECTION SCHEDULE AND PROJECT TIMELINE
Request for Proposal Distributed .................................................... March 11, 2011
Proposals Due to City of Hanford.......................................................April 22, 2011
Consultant Interviews (if needed, schedule to be determined).......... May 2-6, 2011
City of Hanford to Select Consultant .................................................... May 6, 2011
Contract Approval and Notice to Proceed .......................................... May 20, 2011
*Timeline subject to change at City’s discretion.
City of Hanford Page 17
V. CONTACT PERSON
Prospective proposers shall direct any questions via e-mail concerning this project
to the following person:
Melody N. Haigh, Senior Planner
City of Hanford
City Offices
317 N. Douty Street
Hanford, CA 93230
PH: (559) 585-2583
FAX (559) 583-1633
mhaigh@ci.hanford.ca.us
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 and date of proposal.
3. Table of Contents
A listing of the major sections in the proposal and 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
be determined by the particular respondent, but should demonstrate
City of Hanford Page 18
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 study will at a minimum contain the following work
elements: overall vision, physical revitalization, focus area, land use, urban
design and development standards, environmental document and approvals,
traffic and utilities analysis, and public participation elements.
6. Additionally Requested Work Elements
The City of Hanford is aware that additional elements (China Alley
Revitalization and Mercado Relocation) will be at additional costs.
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.
9. Project Personnel
The prospective consultant shall describe the qualifications of all professional
personnel which 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.
City of Hanford Page 19
11. Consultant Qualifications and References
The prospective consultants shall provide names, addresses and telephone
numbers for at least three 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 salary 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
Precise Plan, the City reserves the right to remove proposed tasks as
necessary to award a contract within the budgeted amount.
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 the Downtown East Committee to determine the necessity for oral
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:
1. Responsiveness of the proposal in clearly stating the understanding of the
work to be performed.
2. Cost, although a significant factor, may not be the dominant factor. Cost is
particularly important when all the other evaluation criteria are relatively
equal.
3. Approach to be followed and the tasks to be performed, including detailed
steps and resources required and proposed project schedule.
City of Hanford Page 20
4. Experience is necessary for determining many questions pertaining to the
Downtown East Precise Plan.
5. Relative allocation of resources, in terms of quality and quantity, to key tasks,
including the time and skills of personnel assigned to the task and the
consultant's approach to managing resources and project output.
6. Past performance of the proposer on 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 oral interviews. If oral 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 May 2, 2011. At the
oral 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
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 May. The execution of the contract and notice to
proceed is anticipated to occur prior to the end of May.
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
Exhibit "A"
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.
2
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
3
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).
4
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
5
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.
6
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
7
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:
8
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
9

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Hanf_RFP

  • 1.
  • 2. PUBLIC NOTICE REQUEST FOR PROPOSALS Downtown East Precise Plan Release Date: March 11, 2011 Deadline for Submission: April 22, 2011 @ 5:00 P.M. Contact person: Melody N. Haigh, Senior Planner mhaigh@ci.hanford.ca.us 559-585-2583 Fax: 559-583-1633 CITY OF HANFORD 317 N. Douty Street Hanford, CA 93230
  • 3. City of Hanford Page i TABLE OF CONTENTS I. General Project Description ...................................................................................1 A. Project Area ...................................................................................................1 B. Background on Downtown East Study ...........................................................2 C. City Information..............................................................................................3 D. Policy Documents ..........................................................................................4 E. Desired Plan...................................................................................................5 F. Desired Consultants.......................................................................................5 G. Commitment of Financial Support..................................................................5 II. Scope of Work........................................................................................................6 A. Core Elements ...............................................................................................7 • Overall Vision.........................................................................................7 • Physical Revitalization............................................................................7 • Focus Area.............................................................................................8 B. Required Work Elements ...............................................................................9 • Land Use Element..................................................................................9 • Urban Design and Development Standards.........................................10 • Environmental Document and Approvals .............................................11 • Public Participation...............................................................................13 C. Additionally Requested Work Elements – Add/Deduct Items.......................13 • China Alley Revitalization.....................................................................14 • Mercado Relocation .............................................................................14 • Realtor .................................................................................................14 • Developer.............................................................................................14 III. Required Deliverables..........................................................................................14 IV. Consultant Selection Schedule and Project Timeline...........................................14 V. Contact Person ....................................................................................................14 VI. Proposal Content and Organization .....................................................................15 VII. Proposal Evaluation and Consultant Selection.....................................................17 VIII. Modifications or Withdrawal of Proposals.............................................................18 IX. Rejection of Proposals .........................................................................................18 X. Contract Award ....................................................................................................18
  • 4. City of Hanford Page 1 I. General Project Description The City of Hanford is requesting proposals for professional consultant services for the preparation of a Downtown East Precise Plan and associated studies in accordance with the requirements specified herein and including all provisions set forth in the accompanying documentation. Under California State law, a document called a “specific plan” can be prepared for a geographic area in which it replaces zoning, creates new and special submission/review/processing procedures, imposes fees, and shows detailed land use on some sites while choosing greater flexibility on others. A similar document, called a “Precise Plan”, can function in entirely the same manner, although a Precise Plan is a creation of a local jurisdiction and is not required to include state-mandated elements. There can be greater flexibility within a Precise Plan. The goal of the Downtown East Precise Plan is to promote equitable, affordable housing, and revitalization within the project area for residential and commercial purposes. In addition, it will focus on the creation of a developmental plan by providing current design standards and guidelines. The Precise Plan will provide for more mixed uses, including increased residential density, personal services, and entertainment, with shared streets for a safer, more pedestrian friendly experience. The plan will need to incorporate standards to enhance economic development strategies, such as form-based zoning. Downtown East Aerial Map
  • 5. City of Hanford Page 2 A. Project Area Downtown East Planning Study Area – Boundaries North: East 9th Street South: Railroad Tracks (between E. 5th Street & E. 6th Street) East: N. 10th Avenue West: N. Harris Street The downtown east is a predominantly commercial area which is anticipated to become an extension of the mix of uses found in the core of Downtown Hanford. The access provided by 10th Avenue led to a concentration of auto-oriented uses throughout the project area. In addition, there is a mix of successful and struggling businesses, along with a significant number of vacant buildings and vacant parking lots. Evidence of former vibrancy and achievement is present all through the area, with remnants of auto dealerships and automotive services, furniture stores, and small retail shops throughout the downtown. Along E. Seventh Street, which serves as a gateway into Hanford from 10th Avenue, a casual visitor would see strong evidence of decline. Although some businesses are enjoying success in this economic climate, the presence of vacant lots and shuttered storefronts suggest strong economic difficulty in the project area.
  • 6. City of Hanford Page 3 Scattered through the Downtown East study area are highly valued historical sites like China Alley and the former Chinese School. Its charming design elements like tile work and architecturally distinctive structures, fine and well-kept businesses and homes, and warehouse structures that, in more urban environments, would be magnets for imaginative reuse. Currently more than 80 percent of Downtown East is zoned Downtown Commercial (DC), a designation which allows a wide range of retail, financial, governmental, professional, business services, residential and entertainment uses. There are multi-family residential uses along one block (Ninth Street) that are zoned RM-3 and one property along 10th Avenue zoned Mixed Commercial (MC). The property zoned mixed commercial is primarily in response to the expectation that the property will convert from residential to commercial. However, as part of the project, it would be appropriate for this site to have a General Plan Amendment and Rezone to Downtown Commercial incorporating form based code zoning instead of the City’s current zoning. City of Hanford Zoning Map Legend Downtown East Boundary Downtown Commercial “DC” 80% zoned Mixed Commercial “MC” 5% zoned Multi-Family Residential “RM-3” 15% zoned
  • 7. City of Hanford Page 4 B. Background on Downtown East Study In April, 1975, the Hanford City Council, in cooperation with the downtown merchants, established the Central Parking and Improvement District and, as a result, doubled business license taxes in the downtown area. The city council also agreed to deposit this doubled amount as well as the base amount of business licenses into a special fund that could be used only for programs and projects within the downtown area. Establishment of the Central Parking and Improvement District was the first step of many to improve the downtown. Since 1975, over $2,000,000 has been spent from this fund on public improvements to make the downtown more attractive and to encourage community events. In addition, millions of dollars of private improvements have been made including the restoration of a multitude of buildings, design of new storefronts, and the actual construction of several new buildings. Downtown Hanford took on a new look and, since then, has become a source of community pride and enjoyment. In 1980, in order to encourage the restoration and rehabilitation of historic structures, the city council, in cooperation with private community groups, established a Historic District. This step provided a vehicle for the private sector to receive special tax credits for the rehabilitation of historic structures. The result has been that many buildings, which were underutilized, are now bustling with new tenants and activities. As a result of the many activities in downtown Hanford, the restoration and rehabilitation program, and the cooperation between private citizens and city officials, the City of Hanford, in 1985, entered and won the competition for the Helen Putnam Award for Excellence awarded by the League of California Cities. The theme of Hanford's entry was "Looking into the Past to Build the Future", and was based upon the revitalization of downtown Hanford. Hanford's efforts were also recognized in 1986 by American City and County magazine, which chose Hanford as one of ten cities in the United States to receive its prestigious Award of Merit. Most recently, Rohm and Haas Paint Quality Institute of Philadelphia, Pennsylvania named the city as one of this country’s “Prettiest Painted Places in America”. In 1995, the City Council initiated the Downtown 2010 Improvement Plan. As a result, in February, 2000, the City Council adopted, by resolution, the Downtown Architectural Design Guideline Plan and the Downtown Master Streetscape and Street Tree Guideline Plan as part of the Hanford 2010 – Hanford By Design plan. This plan is often referred to as the “2010 Plan”. (See http://www.ci.hanford.ca.us/depts/cd/planning/plans.asp) In March, 2000, the Hanford City Council, in cooperation with the downtown merchants, established a new organization called Main Street Hanford. The Main Street Program is an extension of our Downtown Revitalization Program that began 25 years ago, producing one of California’s finest downtowns. The Main
  • 8. City of Hanford Page 5 Street approach is a comprehensive program for downtown revitalization that stresses a strong public/private partnership, an active committed organization, a full-time program manager, and a commitment to quality promotional programs. In 2009/2010, a study was conducted as a precursor to the Precise Plan, preparing an economic development and revitalization plan for the east side of downtown. The project study area was identified as 10th Avenue to Harris Street (east-west), and Ninth Street to the San Joaquin Valley railroad tracks (north-south). The key goals for the planning study were to develop a vision for the revitalization of the project study area, involve business and property owners in and around the affected area in the formulation of an economic development and revitalization plan, and develop market-based land use options for the project study area. (See Downtown East Study Area – Boundaries Map) In order for the prospective consultant to accurately estimate the complexity and the amount of effort that will be necessary to complete the project, the original Downtown East Planning Study is available upon request, or may be downloaded from the City of Hanford’s website at: http://www.ci.hanford.ca.us/ civica/filebank/blobdload.asp?BlobID=3507. 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 53,266, residing in a 16 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 261employees, 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 general administration and finance. 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 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. Located in the most rapidly growing region of California, the City has a diverse population that is largely comprised of populations with a white (64.1%), Hispanic (38.7%), and Black (5%) 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.
  • 9. City of Hanford Page 6 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 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. With a population in 2010 of 53,266, Hanford continues to grow, thrive, and maintain its community pride as evident in the refurbished buildings, the clean streets, and the many activities that take place in our city. D. Policy Documents The most important guides for framing reuse activities within the Downtown East Planning Area come from influential reports. These reports will be made available for the consultants’ use through the City of Hanford website. • 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 • Water Master Plan http://www.ci.hanford.ca.us/depts/pw/utilities/uwmp05.asp • Sewer Master Plan http://www.ci.hanford.ca.us/depts/pw/utilities/default.asp • Storm Drain Master Plan http://www.ci.hanford.ca.us/depts/pw/utilities/default.asp • China Alley Sanborn Maps (available for viewing upon request)
  • 10. City of Hanford Page 7 These reports will be made available for the consultants’ use through the City of Hanford website at: http://www.ci.hanford.ca.us/. E. Desired Plan The City of Hanford desires a Precise Plan to establish urban design principles and standards that will address an appropriate mix of urban land uses for the downtown east location. A Precise Plan is needed to serve as a guide for four levels of implementation: 1) to identify essential and necessary revisions to the General Plan that will be reflected as mandatory objectives for the plan area; 2) to identify a menu of design and development criteria, standards and urban design concepts; 3) to prepare a Precise Plan for the Downtown East area representing the desired mix of land uses and design concepts; and 4) to develop, process, and analyze the impacts along with certifying all environmental documentation. This will include the PUD process, traffic study, infrastructure study, and market study. The City expects that the Precise Plan will incorporate design techniques and concepts that will thereafter set the stage for a forward-thinking approach to future land use planning as the City continues to grow. F. Desired Consultant The City of Hanford desires to receive proposals from qualified consulting firms who can develop and present urban design principles and standards into a Precise Plan. The consultant must be able to incorporate design principles of walkability, mixed-use development and attractive public spaces into the proposed Downtown East area. In addition, the consultants must understand the Downtown East area’s history and character, market 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 planning that demonstrates the ability to minimize adverse effects resulting from urbanization. G. Commitment of Financial Support The City of Hanford must play a substantial role in revitalizing Downtown East by supporting physical improvements and existing businesses, and by attracting new projects and new development to the area. In this regard, roles for the City include: • Working with developers – whether the developers are acting independently, in partnership with a landowner or as agent for a landowner; • Acting as a development partner with landowners and working with them to prepare and issue Request for Proposals for development; • Investing in Downtown East through the Capital Improvement Program (CIP) (using tax increment from the Redevelopment Division, Development
  • 11. City of Hanford Page 8 Impact Fees, etc.) and/or through the use of grants or other funding sources; • Providing fee deferrals based upon existing City policies, or gap financing to encourage development, as city funding is available; and/or • Constructing City projects within Downtown East, such as a police station, recreational building, or a parking facility. II. SCOPE OF WORK The purpose of the Precise Plan is to provide policy direction and guidance on how the Downtown East would develop into a new neighborhood with a mix of residential, commercial, public, and open space uses. It will provide a specific vision and policy approach to guide development for new residential and commercial communities, but also provide details on the type, location, and intensity of uses. In addition it will define the capacity and design of needed public improvements and infrastructure, and determine the resources necessary to finance and implement the public improvements and infrastructure needed to support the vision. Three important and distinctive features of this Precise Plan will need to be included: 1) policies and implementation measures to insure connectivity and integration with land use, density/intensity, allowable uses, design elements, and development phasing; 2) provide development standards; and 3) provide environmental analysis. The Precise Plan will be used as a valuable document for the City of Hanford Downtown East. It will allow the City to decide the specificity of land use and development standards for specific locations. A necessary approach is using the City’s existing planned unit development regulations (Hanford Municipal Code, Chapter 17.62). The Planned Unit Development (PUD) ordinance would be used as a template for crafting the Downtown East Precise Plan as a master plan. The consultant will be required to perform the following tasks: A. Core Elements This Precise Plan will include an overall vision to create a vibrant mixed use neighborhood that acts as a seamless extension of the Downtown Core. The grid of comfortable shady streets, timeless architecture, green spaces and local businesses - in combination with a new range of housing styles – will support a truly livable community. In addition, the vision of Downtown East will incorporate all the aspirations of landowners and stakeholders fashioned in concert with real world market realities and financial necessities. The Precise Plan is a specific document and will use certain elements from the Downtown East Planning Study; however, it is to be used only as resource and framework for the final product, not as a duplication. All highlighted elements below (overall vision, physical
  • 12. City of Hanford Page 9 revitalization, and focus area) are considered the core elements of the Downtown East Precise Plan and will need to be incorporated and addressed in the Precise Plan. Overall Vision City of Hanford Downtown East Planning Study (Report 4) http://www.ci.hanford.ca.us/civica/filebank/blobdload.asp?BlobID=3507 • Identify essential and necessary revisions to the General Plan (all affected Elements thereof) that will be reflected as mandatory objectives for the Plan area. • Incorporate design guidelines of walkability, mixed-use development and attractive public spaces along with historic preservation principles. • A neighborhood of comfortable, secure, active walk-able streets and alleys; • A mix of uses and facilities that enliven, enrich and support Downtown Hanford; • A celebration of the multi-cultural heritage and historic character of the neighborhood; and • An entryway to Downtown that would be a source of City pride. Physical Revitalization City of Hanford Downtown East Planning Study (Report 4) http://www.ci.hanford.ca.us/civica/filebank/blobdload.asp?BlobID=3507 • Mixed use is essential to the revitalization Downtown East. • Residential development is a cornerstone of Downtown East’s mixed use. • Commercial/Retail use should occur throughout Downtown East but must concentrate initially along E. Seventh Street. • Centralized parking concepts should be utilized, with various methods to include, but not be limited to, at-grade lots and parking structures.
  • 13. City of Hanford Page 10 • Revitalization should begin at three “pulse points” along E. Seventh Street: N. Harris, N. Green, and N. 10th Avenue – subject to revitalization (see DEPS Diagram below). Focus Areas City of Hanford Downtown East Planning Study (Report 4) http://www.ci.hanford.ca.us/civica/filebank/blobdload.asp?BlobID=3507 Downtown East Planning Study – Diagram There are three areas broadly identified within Downtown East where certain types of land use would be encouraged to concentrate, subject to market analysis. 1. Immediate adjacency of the Downtown Core (Area A), • Should provide entertainment and hospitality type uses as well, including sit-down and casual restaurants, outdoor cafes, wine shops, delis, residences, offices, and other uses. • Social services, youth facilities and a public recreation facility are appropriate uses here. Ex. Police stations or other civic uses. 2. The presence of important existing development assets (Area B),
  • 14. City of Hanford Page 11 • Would provide local-serving support uses such as food markets, drug stores, beauty and barber shops, and other neighborhood retail uses. Mixed-use is very appropriate for this area. 3. The outstanding regional access provided by 10th Avenue (Area C). • Is located in proximity to the 10th Avenue corridor and, therefore, has excellent freeway access. The best uses for this area are large scale development such as grocery, office supplies, and limited automotive and similar uses. This area is also the transition to the E. Lacey corridor and its uses. B. Required Work Elements In addition to the core elements, the Precise Plan will include the following elements: Land Use Component City of Hanford Downtown East Planning Study (Report 4) http://www.ci.hanford.ca.us/civica/filebank/blobdload.asp?BlobID=3507 Organizing Elements of Downtown East
  • 15. City of Hanford Page 12 The land use component defines the programmatic content of the Precise Plan and includes those land use diagrams, maps, and/or other figures necessary to illustrate the proposed land use plan. It should contain the following: • Identify overall development density and intensity within the Downtown East PUD area using the PUD averaging methodology. By adopting a PUD as a master plan (Precise Plan), the applicants will not need to go through the process, as long as they follow the standards adopted. • Comply with AB 32, SB375, and San Joaquin Valley Blueprint. http://www.valleyblueprint.org/ • A detailed plan map, including an illustrative plan. • List specific allowed uses and locate special uses in Focus Areas A, B, and C including phasing/priorities. Mixed Use Residential Development Commercial/Retail Development Parking Greenspace • Potentially implement a form-based code element Form-Based Code can potentially be implemented and combined with the Precise Plan document. It must also be integrated into City of Hanford’s existing regulatory framework (zoning and land development regulations) in a manner that ensures procedural consistency, meshes with state and local legal requirements, provides clarity as to applicability of existing regulations, and maximizes the effectiveness of the code. The new code will regulate development along the heavily used corridor to ensure high-quality public spaces defined by a variety of building types and uses including housing, retail, office space, service uses, and open space. The new code will incorporate a regulating plan, building form standards, street standards, and use regulations as needed. See www.formbasedcodes.org. for more insight. Urban Design and Development Standards City of Hanford Downtown East Planning Study (Report 4) http://www.ci.hanford.ca.us/civica/filebank/blobdload.asp?BlobID=3507 • Details development regulations that apply within the Downtown PUD area creating a “Downtown East PUD Overlay Zone”.
  • 16. City of Hanford Page 13 • Details urban design guidelines and standards that form the basis of project Ministerial Approvals. • Documents and describes streetscape and infrastructure improvements. • Revises the application review process to include Ministerial Approval based on conformance with the development standards and urban design guidelines. Environmental Document and Approvals City of Hanford Downtown East Planning Study (Report 4) http://www.ci.hanford.ca.us/civica/filebank/blobdload.asp?BlobID=3507 The environmental documents and approvals will include developing, processing, and analyzing the impacts resulting from the implementation of the plan. This will also include certifying all environmental documentation. In addition, it will include the process approval of the PUD Precise Plan by the Planning Commission and Hanford City Council. The environmental documents will include: • Traffic Study (include vehicular and pedestrian traffic resulting from increased densities and proposed types of developments) • Infrastructure Study (sewer, water, and drainage for increased densities proposed beyond current general plan uses) 1. Transportation/Circulation Plan: Identification of all necessary transportation improvements inside and outside the Precise Plan area that provides sufficient capacity to support the proposed land uses. A roadway network plan that provides alignments for all interior, neighborhood, collector, and arterial type roads within the Precise Plan area, which is consistent with good civil and traffic engineering practices and consistent with the “complete streets” concept (an emerging concept that recognize that streets function more than vehicle moving purposes but are essential for pedestrian and bicycle travel). 2. Streetscape/Landscape Plan: The streetscape/landscape plan should establish the standards and location for landscaped medians, sidewalks, street furniture,
  • 17. City of Hanford Page 14 and gateway enhancements. This plan needs to be consistent with the 2010 Plan Streetscape and Street Tree Guidelines. 3. Utilities and Public Services/Facilities Plan: The plan should define size and location of utilities and public service facilities, and it should: Analyze existing utility system (e.g. water, sewer, storm control and drainage, gas and electrical power, and telecommunications) for future points of connection and expansion. Identify location and sizing of water, sewer, and storm drainage facilities within the Precise Plan study area based upon planned land uses. Delineate amount of land needed for right-of way and easements for public roadways and public infrastructure, including water, sewer, and storm drainage facilities. Provide analysis and estimate of the costs to construct and maintain components of the public infrastructure within the Precise Plan. 4. Community Facilities Plan: The plan should define the size and location of community facilities within the Precise Plan area, including parks, community center, open space, etc., and it should: Identify location and sizing of desired community facilities within the Precise Plan area based upon planned land uses. Delineate amount of land needed for desired community facilities. Provide analysis and estimate of the costs to construct and maintain community facilities within the Precise Plan. • Market Study 1. Demographic trends 2. Residential Development and Market Assessment 3. Retail Market Assessment 4. Development Feasibility Analysis 5. Phasing and Implementation 6. Development Capacity
  • 18. City of Hanford Page 15 It will be the consultant’s responsibility to prepare a comprehensive program-level Environmental Impact Report 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 Precise Plan process. It is anticipated that a focus EIR or even a Negative Declaration may be an appropriate route; however, please provide a break down for a comprehensive EIR, focus EIR, and any other environmental alternatives the consultant feels is an appropriate level of environmental review. Public Participation City of Hanford Downtown East Planning Study (Report 4) http://www.ci.hanford.ca.us/civica/filebank/blobdload.asp?BlobID=3507 This section will describe the various public participation methods used in the development of the plan. This project will involve a high degree of public participation. Local elected officials, residents, business owners, agencies, and organizations will be strongly encouraged to participate throughout the planning process. Specific public participation and public education methods that the consultant will be responsible for formulating and facilitating for this project will include: • A Project Steering Committee will be formed with key stakeholders within and outside the study area. The Project Steering Committee will meet at key milestone points tied to each required work element. Consultant will attend, prepare meeting materials, and facilitate the Committee meetings. • In coordination with the City of Hanford staff, Consultant will develop press releases, internet based list serve/broadcast emails, project based internet site, and social media to help inform the public about the project. • Two (2) public hearing meetings will be held at the end of the process: one for Planning Commission and one for City Council. Consultant will prepare meeting materials and attend to make the presentation at the meetings. • Core Committee is made up of (12) individuals formed by city staff, Chamber of Commerce, Hanford’s Visitor Agency, Main Street Hanford, business owners, and key stakeholders.
  • 19. City of Hanford Page 16 C. Additionally Requested Work Elements – Add/Deduct Items The City requests that the following additional elements be included in the proposal. The City, at the time of proposal review, will determine if some or all of these elements will be selected. Special Focus Areas The City of Hanford is interested in possibly retaining services for the below elements for an additional cost. Please provide a cost break down for these micro- studies of the following: • China Alley Revitalization – focusing between Green and White Streets including private capital from both domestic and foreign; specifically, for the revitalization of the “Imperial Dynasty”. • Mercado Relocation – finding a specialized area in Downtown East to provide a Mercado, possibly moving United Market to another location. • Realtor – to help market the project study area. • Developer – to help start the development process. 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 (12) 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 no later than 5:00 p.m. on April 22, 2011, to the attention of Project Manager - Melody Haigh. The consultant may need to make oral presentations of the proposals to the Downtown East Committee, which have been tentatively scheduled for the week of May 2, 2011. IV. CONSULTANT SELECTION SCHEDULE AND PROJECT TIMELINE Request for Proposal Distributed .................................................... March 11, 2011 Proposals Due to City of Hanford.......................................................April 22, 2011 Consultant Interviews (if needed, schedule to be determined).......... May 2-6, 2011 City of Hanford to Select Consultant .................................................... May 6, 2011 Contract Approval and Notice to Proceed .......................................... May 20, 2011 *Timeline subject to change at City’s discretion.
  • 20. City of Hanford Page 17 V. CONTACT PERSON Prospective proposers shall direct any questions via e-mail concerning this project to the following person: Melody N. Haigh, Senior Planner City of Hanford City Offices 317 N. Douty Street Hanford, CA 93230 PH: (559) 585-2583 FAX (559) 583-1633 mhaigh@ci.hanford.ca.us 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 and date of proposal. 3. Table of Contents A listing of the major sections in the proposal and 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 be determined by the particular respondent, but should demonstrate
  • 21. City of Hanford Page 18 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 study will at a minimum contain the following work elements: overall vision, physical revitalization, focus area, land use, urban design and development standards, environmental document and approvals, traffic and utilities analysis, and public participation elements. 6. Additionally Requested Work Elements The City of Hanford is aware that additional elements (China Alley Revitalization and Mercado Relocation) will be at additional costs. 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. 9. Project Personnel The prospective consultant shall describe the qualifications of all professional personnel which 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.
  • 22. City of Hanford Page 19 11. Consultant Qualifications and References The prospective consultants shall provide names, addresses and telephone numbers for at least three 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 salary 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 Precise Plan, the City reserves the right to remove proposed tasks as necessary to award a contract within the budgeted amount. 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 the Downtown East Committee to determine the necessity for oral 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: 1. Responsiveness of the proposal in clearly stating the understanding of the work to be performed. 2. Cost, although a significant factor, may not be the dominant factor. Cost is particularly important when all the other evaluation criteria are relatively equal. 3. Approach to be followed and the tasks to be performed, including detailed steps and resources required and proposed project schedule.
  • 23. City of Hanford Page 20 4. Experience is necessary for determining many questions pertaining to the Downtown East Precise Plan. 5. Relative allocation of resources, in terms of quality and quantity, to key tasks, including the time and skills of personnel assigned to the task and the consultant's approach to managing resources and project output. 6. Past performance of the proposer on 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 oral interviews. If oral 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 May 2, 2011. At the oral 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 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 May. The execution of the contract and notice to proceed is anticipated to occur prior to the end of May.
  • 24. 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 Exhibit "A"
  • 25. 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. 2
  • 26. 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 3
  • 27. 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). 4
  • 28. 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 5
  • 29. 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. 6
  • 30. 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 7
  • 31. 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: 8
  • 32. 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 9