Cities Index.
Exhibit 1 - Professional Services Agreement with Interwest Consulting Group

Corona City Council
December 6, 2023

Document
Exhibit 1 - Professional Services Agreement with Interwest Consulting Group
Meeting
December 6, 2023
Body
Corona City Council
Original file
1.2 MB
Text extracted from the city's file for reading and search. Open the original on corona.legistar1.com. That file is the official record.

CA\DD\02000.50101\1401461.15
(CITY ATTY: 05-19)

CITY OF CORONA

PROFESSIONAL SERVICES AGREEMENT
WITH INTERWEST CONSULTING GROUP, INC.
(URBAN DESIGN AND PLANNING SERVICES – DESIGN GUIDELINES AMENDMENT TO THE DOWNTOWN REVITALIZATION SPECIFIC PLAN RFP 24- 023SB)

1. PARTIES AND DATE.

This Agreement is made and entered into this 6th day of December, 2023 (“Effective Date”) by and between the City of Corona, a municipal corporation organized under the laws of the State of California with its principal place of business at 400 South Vicentia Avenue, Corona, California 92882 (“City”) and Interwest Consulting Group, Inc., a Colorado corporation with its principal place of business at 1500 S. Haven, Suite 220, Ontario, CA 91761 (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement.

Consultant represents that it is experienced in providing urban design and planning services to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render such services for the Design Guidelines Amendment to the Downtown Revitalization Specific Plan RFP 24-023SB project (“Project”) as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional urban design and planning consulting services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules, and regulations.

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3.1.2 Term. The term of this Agreement shall be from December 6, 2023 to December 31, 2024 (“Term”), unless earlier terminated as provided herein. Consultant shall complete the Services within the Term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the Term of this Agreement one or more times by executing a written amendment pursuant to Section 3.6.8 below (each a “Renewal Term”). The terms “Term” and “Renewal Term” may sometimes be generally and collectively referred to as “Term” in this Agreement.

3.2 Responsibilities of Consultant.

3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.

Consultant retains the right to perform similar or different services for others during the Term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

3.2.2 Schedule of Services. Consultant shall perform the Services within the Term of this Agreement, in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference, and in accordance with any other completion schedule or milestones which may be separately agreed upon in writing by the Parties. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant’s conformance with the Schedule, City shall respond to Consultant’s submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.3 Conformance to Applicable Requirements. All Services performed by Consultant shall be subject to the approval of City.

3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City.

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The key personnel for performance of this Agreement are as follows: Nick Pergakes, Project Manager/Principal Planner.

3.2.5 City’s Representative. The City hereby designates Joanne Coletta, Planning and Development Director or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Consultant shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.2.6 Consultant’s Representative. Consultant hereby designates Nick Pergakes Project Manager/Principal Planner, or his or her designee, to act as its representative for the performance of this Agreement (“Consultant’s Representative”). Consultant’s Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times.

3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant agrees that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants shall have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the Term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant’s failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.9 Laws and Regulations; Employee/Labor Certifications. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs DocuSign Envelope ID: 472F4C26-A1BD-4295-BF66-0997630E607E CA\DD\02000.50101\1401461.15
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any work or Services knowing them to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.9.1 Employment Eligibility; Consultant. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Consultant.

Consultant also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the Term of the Agreement. Consultant shall avoid any violation of any such law during the Term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Consultant shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Consultant’s compliance with the requirements provided for in Section 3.2.9 or any of its subsections.

3.2.9.2 Employment Eligibility; Subcontractors, Consultants, Subsubcontractors and Subconsultants. To the same extent and under the same conditions as Consultant, Consultant shall require all of its subcontractors, consultants, sub-subcontractors and subconsultants performing any work or Services relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section

3.2.9.1. 3.2.9.3 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Consultant verifies that they are a duly authorized officer of Consultant, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Consultant or its subcontractors, consultants, subsubcontractors or subconsultants to meet any of the requirements provided for in Sections 3.2.9.1 or 3.2.9.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Consultant under Section 3.2.9.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.

3.2.9.4 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance DocuSign Envelope ID: 472F4C26-A1BD-4295-BF66-0997630E607E CA\DD\02000.50101\1401461.15
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in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.2.9.5 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, 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 Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.2.9.6 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Although the SCAQMD and CARB limits and requirements are more broad, Consultant shall specifically be aware of their application to "portable equipment", which definition is considered by SCAQMD and CARB to include any item of equipment with a fuelpowered engine. Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.

3.2.10 Insurance.

3.2.10.1 Time for Compliance. Promptly following the Effective Date of this Agreement, but in no event before Consultant commences any Services under this Agreement, Consultant shall provide evidence satisfactory to the City that it has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.

3.2.10.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subconsultants.

Consultant shall also require all of its subconsultants to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:

Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non-owned); and (3) Workers’ DocuSign Envelope ID: 472F4C26-A1BD-4295-BF66-0997630E607E CA\DD\02000.50101\1401461.15
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Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. (B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury, advertising injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease.

3.2.10.3 Professional Liability. Consultant shall procure and maintain, and require its sub-consultants to procure and maintain, for a period of five (5) years following completion of the Project, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.

3.2.10.4 Insurance Endorsements. The insurance policies shall contain or be endorsed (amended) to include the following provisions:
(A) General Liability. The general liability policy shall state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to liability arising out of work or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection therewith (the endorsement form shall be at least as broad as ISO Form CG 20 10 11 85 or both CG 20 37 and one of the following: CG 20 10, CG 20 26, CG 20 33 or CG 20 38); and (2) the insurance coverage shall be primary insurance coverage as respects the City, its directors, officials, officers, employees, agents, and volunteers (the endorsement form shall be at least as broad as ISO CG 20 01 04 13). Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way.
(B) Waiver of Subrogation – Workers’ Compensation and
Employer’s Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work or Services performed by the Consultant. (C) All Coverages. If Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City is entitled to the broader coverage and/or higher limits maintained by Consultant. Thus, any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

3.2.10.5 Other Provisions; Endorsements Preferred. Consultant shall endeavor to provide endorsements regarding the following provisions, but nonetheless DocuSign Envelope ID: 472F4C26-A1BD-4295-BF66-0997630E607E CA\DD\02000.50101\1401461.15
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understands, acknowledges and agrees that the following provisions shall apply and that failure to comply shall be considered to be a breach of this Agreement by Consultant:
(A) Waiver of Subrogation – All Other Policies. Consultant hereby waives all rights of subrogation any insurer of Consultant’s may acquire against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of any insurance policy which arise from work or Services performed by the Consultant.

Consultant understands, acknowledges and agrees that this provision is in full force and effect even if the City does not receive a waiver of subrogation endorsement from the insurer. (B) Notice. Consultant shall either: (1) require its insurer to provide thirty (30) days prior written notice to the City before coverage is suspended, voided, or canceled; or (2) notify City in writing that such notice is not available and forward any notice of such actions to the City within two (2) business days from date of receipt by Consultant. Consultant understands, acknowledges and agrees that this provision is in full force and effect even if the City does not receive a waiver of subrogation endorsement from the insurer.

3.2.10.6 Claims Made Policies. The following provisions shall apply to all policies that provide coverage on a claims-made basis: (A) the retroactive date must be shown and must be before the date on which any Services under this Agreement commence; (B) the insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Project; and (C) if coverage is canceled or not renewed and is not replaced with another claims-made policy with a retroactive date prior to the date on which any Services under this Agreement commence, Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of Project.

3.2.10.7 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the Consultant to provide proof of ability to pay losses and related investigation, claims administration and defense expenses within the deductible or self-insured retention. The deductible or self-insured retention may be satisfied by either the named insured or the City.

3.2.10.8 Acceptability of Insurers. Unless under the circumstances a different rating is otherwise acceptable to the City in its sole and absolute discretion, insurance is to be placed with insurers which are satisfactory to the City and which meet either of the following criteria : (1) an insurer with a current A.M. Best’s rating no less than A-:VII and licensed as an admitted insurance carrier in California; or (2) an insurer with a current A.M. Best’s rating no less than A-:X and authorized to issue the required policies in California.

3.2.10.9 Verification of Coverage. Consultant shall furnish City with original certificates of insurance, as well as amendatory endorsements or copies of the applicable policy language effecting coverage required by this Agreement. All documents must be received and approved by the City before any Services commence; provided, however, that failure to obtain the required documents prior to the commencement of Services shall not waive Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

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3.2.10.10 Reporting of Claims. Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.

3.2.10.11 Sub-Consultants. All sub-consultants shall comply with each and every insurance provision of this Section 3.2.10. Consultant shall therefore not allow any sub-consultant to commence work on any subcontract to perform any part of the Services until it has provided evidence satisfactory to the City that the sub-consultant has secured all insurance required under this Agreement.

3.2.10.12 Special Risk or Circumstances. The City reserves the right, in its sole and absolute discretion, to modify the requirements of this Section 3.2.10, including limits, based on any of the following: (A) the nature of the risk of the Services; (B) the prior experience of the insured; (C) the rating or other quality or characteristic of the insurer; (D) any special or unique coverage issues; and (E) any other special or unique circumstances.

3.2.11 Safety. Consultant shall execute and maintain its work and Services so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Services and the conditions under which the Services are to be performed.

3.2.12 Payment Bond. The California Department of Industrial Relations (“DIR”) has communicated to the City that there is a possibility that a payment bond may be required for certain services provided in connection with a public works project. Since such a requirement is currently contrary to the industry standard for the services provided by Consultant under this Agreement and since there is no direct legal authority for this position, the City is not requiring Consultant to provide a payment bond at this time. However, the City hereby reserves the right to require the Consultant to obtain and provide a payment bond for some or all of the project provided by the Consultant under this Agreement.

If the City determines that a payment bond is required for the project pursuant to Civil Code Section 9550 or any other applicable law, rule or regulation, Consultant shall execute and provide to City a payment bond in an amount required by the City and in a form provided or approved by the City. In the event a payment bond is required, the City agrees to compensate Consultant for all documented direct costs incurred by Consultant for such payment bond. The Parties shall memorialize the terms of such additional compensation and any other terms and conditions associated with the payment bond in an amendment to this Agreement.

3.2.13 Accounting Records. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, DocuSign Envelope ID: 472F4C26-A1BD-4295-BF66-0997630E607E CA\DD\02000.50101\1401461.15
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proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.3 Fees and Payments.

3.3.1 Rates & Total Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation, including authorized reimbursements, shall not exceed Two Hundred and Fourteen Thousand Nine Hundred and Thirty Dollars ($214,930.00), without written approval of City’s Representative. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant.

The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 30 days of receiving such statement, review the statement and pay all approved charges thereon.

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City.

3.3.4 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 Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.

3.3.5 Prevailing Wages. Consultant is aware of the requirements of Chapter 1 (beginning at Section 1720 et seq.) of Part 7 of Division 2 of the California Labor Code, as well as Title 8, Section 16000 et seq. of the California Code of Regulations (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the Total Compensation is $1,000 or more, Consultant and its subconsultants shall fully comply with the Prevailing Wage Laws for their employees and any others to whom such laws are applicable. Consultant and its subconsultants shall also be responsible for any and all violations and fines imposed on them pursuant to the Prevailing Wage Laws. Pursuant to SB 854, which amended the Prevailing Wage Laws, this Agreement would also be subject to compliance monitoring and enforcement by the California Department of Industrial Relations (“DIR”). Beginning April 1, 2015, no consultant or subconsultant may be awarded this Agreement unless registered with the DIR pursuant to Labor Code Section 1725.5. The City will report all necessary agreements to the DIR as required by the Prevailing Wage Laws. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker DocuSign Envelope ID: 472F4C26-A1BD-4295-BF66-0997630E607E CA\DD\02000.50101\1401461.15
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needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant’s principal place of business and at the Project site. It is most efficient for the Consultant to obtain a copy of the prevailing wages in effect at the commencement of this Agreement from the website of the Division of Labor Statistics and Research of the DIR located at www.dir.ca.gov/dlsr/. In the alternative, Consultant may obtain a copy of the prevailing wages from the City’s Representative. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.3.6 Apprenticeable Crafts. If the project is being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works when Consultant employs workmen in an apprenticeable craft or trade. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Consultant.

3.4 Termination of Agreement.

3.4.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, as well as any authorized reimbursable expenses, and Consultant shall be entitled to no further compensation.

Consultant may not terminate this Agreement except for cause.

3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.5 Ownership of Materials and Confidentiality.

3.5.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, 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, electronically or otherwise recorded or stored, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). All Documents & Data shall be and DocuSign Envelope ID: 472F4C26-A1BD-4295-BF66-0997630E607E CA\DD\02000.50101\1401461.15
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remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City's express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of five (5) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. In addition, before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

3.5.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.

3.5.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or reuse of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.

3.5.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.

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3.5.5 Confidentiality. All Documents & Data, either created by or provided to Consultant in connection with the performance of this Agreement, shall be held confidential by Consultant. All Documents & Data shall not, without the prior written consent of City, be used or reproduced by Consultant for any purposes other than the performance of the Services. Consultant shall not disclose, cause or facilitate the disclosure of the Documents & Data to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant that 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 or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3.6 General Provisions.

3.6.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective Parties at the following address, or at such other address as the respective Parties may provide in writing for this purpose:

Consultant:

Interwest Consulting Group, Inc.
1500 S. Haven Ave, Suite 220
Ontario, CA 91761
Attn: Nick Pergakes Project Manager/Principal Planner
City:

City of Corona
400 South Vicentia Avenue
Corona, CA 92882
Attn: Joanne Coletta, Planning and Development Department Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the Party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.6.2 Indemnification. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, to the extent arising out of, pertaining to, or incident to any alleged willful misconduct or negligent acts, errors or omissions of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all settlement amounts, expert witness fees and attorneys fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code DocuSign Envelope ID: 472F4C26-A1BD-4295-BF66-0997630E607E CA\DD\02000.50101\1401461.15
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Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Consultant’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents, or volunteers.

3.6.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code Sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.

3.6.4 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.6.5 City’s Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

3.6.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties.

3.6.6.1 Subconsultants; Assignment or Transfer. Consultant shall not subcontract any portion of the Services required under this Agreement, except as expressly authorized herein, without the prior written approval of the City. Subcontracts, if any, shall include a provision making them subject to all provisions of this Agreement. Consultant shall also not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to subcontract or take any other action not authorized herein shall be null and void, and any subconsultants, assignees, hypothecates or transferees shall acquire no right or interest by reason of such action.

3.6.7 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days.

All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.

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3.6.8 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.6.9 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.

3.6.10 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.6.6, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.6.11 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.6.12 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 resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. 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.

3.6.13 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.6.14 Attorney’s Fees. If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation shall be entitled to have and recover from the losing Party reasonable attorney’s fees and all other costs of such action.

3.6.15 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 bind each respective Party.

3.6.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

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3.6.17 Entire Agreement. This Agreement contains the entire Agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both Parties.
[SIGNATURES ON NEXT 2 PAGES]
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CITY’S SIGNATURE PAGE FOR

CITY OF CORONA

PROFESSIONAL SERVICES AGREEMENT
WITH INTERWEST CONSULTING GROUP, INC.
(URBAN DESIGN AND PLANNING SERVICES – DESIGN GUIDELINES AMENDMENT TO THE DOWNTOWN REVITALIZATION SPECIFIC PLAN RFP 24- 023SB)
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the date first written above.

CITY OF CORONA
By: _________________________
Joanne Coletta
Planning and Development Director
Reviewed By: _________________________
Yasmin Lopez
Purchasing Manager
Attest:
_________________________
Sylvia Edwards
City Clerk
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CONSULTANT’S SIGNATURE PAGE FOR

CITY OF CORONA

PROFESSIONAL SERVICES AGREEMENT
WITH INTERWEST CONSULTING GROUP, INC.
(URBAN DESIGN AND PLANNING SERVICES – DESIGN GUIDELINES AMENDMENT TO THE DOWNTOWN REVITALIZATION SPECIFIC PLAN RFP 24- 023SB)
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the date first written above.

INTERWEST CONSULTING GROUP, INC.
a Colorado corporation
By: _________________________
Paul Meschino
President
By: _________________________
David Kniff
Assistant Secretary
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EXHIBIT “A”

SCOPE OF SERVICES
Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional urban design and planning services necessary for the Project. The Services are more particularly described herein.

Work Plan
A. Approach to Completing Scope of Work
The primary objective of this update is to seamlessly integrate the 2022 Downtown Vision and Design Guidelines into the Downtown Revitalization Specific Plan (SP 98-01). This integration will involve amendments to Chapters 3 (Land Use & Development Standards), 4 (Design Guidelines), and 7 (Streetscape Plan) of the Specific Plan.

Community engagement was conducted during the creation of the 2022 Vision and Design Guidelines. This effort ensured that the community’s voices, perspectives, and aspirations for the project were incorporated and will be used as a foundation for the update. Therefore, no additional community outreach events will likely be conducted for the update to the Specific Plan beyond stakeholder meetings, presentations, and opportunities for public feedback on draft documents.

PURPOSE OF UPDATING THE DOWNTOWN REVITALIZATION SPECIFIC PLAN The City of Corona recognizes the need for thoughtful and strategic urban design and planning. The Downtown Revitalization Specific Plan (DRSP) was initially adopted in June 1998 and encompasses 620 acres dedicated to the redevelopment of the downtown area, positioning it as the heart of the community. The overall goal for the update to the DRSP is to harmonize and establish new development standards. The standards aim to encourage downtownstyle buildings and businesses, provide the framework for a walkable community, create high quality public spaces that complement existing historic and significant structures, enhance single-family neighborhoods, and bolster economic activities of the Downtown environment.

GOALS AND OBJECTIVES
The primary objectives to be achieved through the DRSP update include:
a. Architectural and Design Standards: The integration of Storyland Studio’s 2022 Vision and Design Guidelines will be a central focus, emphasizing historic preservation, and authentic architecture. These guidelines will serve as a framework to ensure consistency and compatibility with existing planning efforts. This includes promoting pedestrian-friendly improvements, new development, and community amenities in the area, while preserving the small-town atmosphere.
b. Development Regulations: Use of form-based code provisions where appropriate to heighten sense of place and improve mobility within the Downtown area. Objective design standards will be developed to foster walkable and livable environments while maintaining compatibility with the existing development, both surrounding and within the Specific Plan area.
c. City Processing & Development Review: Use existing City processes to increase efficiencies and determine appropriate procedures for the review of projects within the DRSP.

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d. Vibrant Local Destination: A primary objective is to create a multifunctional space capable of hosting a diverse array of events and visitors. The development of design standards would be a central focus, ensuring that the space can adapt for the changing needs of the community. By achieving this we seek to foster the sense of accessibility and safety within the Downtown Area, making it inviting for residents and visitors alike. e. Beautification of 6th Street Corridor: The integration of the 6th Street Corridor Improvement Project into the Streetscape Plan will be a priority. This will lead to improvements of motorized, non-motorized, and transit connectivity between the Plan Area, and existing as well as future commercial and residential areas. f. Prepare Environmental Documentation: Necessary California Environmental Quality Act (CEQA) documentation will be prepared to address and impact of the Specific Plan update.

KEY CONSIDERATIONS
Throughout the Downtown Revitalization Specific Plan update, the following key considerations will be taken into account:
a. Community Input: Community engagement was conducted during the 2022 Vision and Design Guidelines therefore this will not be needed. However, in-person stakeholder group meetings and community presentations will be conducted to ensure ongoing input and feedback throughout the process. b. General Plan and Housing Element Consistency: The update will ensure that the Specific Plan aligns seamlessly with the City of Corona’s General Plan and Housing Element. The Downtown development should complement the broader vision of the City’s growth and development. c. Regulatory Compliance: Full compliance with all relevant local, state, and federal regulations is essential. This includes adherence to the latest California zoning laws, building codes, and environmental guidelines to ensure a successful and sustainable revitalization of the downtown area.

B. Scope of Work (Tasks and Deliverables)
The scope of work below outlines the tasks, subtasks, deliverables, and responsibilities for The Consultant staff in integrating the 2022 Vision Plan and Design Guidelines into the Downtown Specific Plan.

TASK 1 | PROJECT INITIATION AND ADMINISTRATION
The Consultant will engage in project administration activities as needed to ensure delivery of the highest quality project in a timely fashion, including on-going monitoring of the schedule and budget. Additionally, our team will coordinate and regularly meet with City of Corona Staff and other key stakeholders.

TASK 1.1 KICK-OFF MEETING
The Consultant will participate in a “Kick-Off Meeting” for the project. The intent of this meeting is to accomplish the following: 1) introduce and identify the roles of key members of the consultant team, City Staff, and other stakeholders as appropriate; 2) establish reporting protocols; 3) discuss project objectives, issues, and opportunities; 4) confirm project schedule and work program, and review outreach methods and timing; and 5) identify and transmit pertinent documents and studies, and other relevant data to the The Consultant Team.

1.1 Deliverables:
o Kick-Off Meeting Participation
o List of Data Needs
o Agenda & Meeting Summary
TASK 1.2 FIELD TOUR OF DOWNTOWN AREA
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The Consultant staff members will join key City Staff (and other stakeholders as appropriate) in an initial field tour of Corona’s Downtown area, as well as surrounding areas to gain a holistic understanding of the physical and environmental context. It is recommended that this downtown field tour is coordinated with the Kick-Off Meeting.

1.2 Deliverables:
o Initial Field Tour of Downtown with City Staff
o Follow-up Site Reconnaissance as necessary to record key site conditions

1.2 Deliverables:
o Plan & Policy Review Summary Memo
TASK 1.3 PROJECT STATUS MEETINGS AND ADMINISTRATION
The Consultant will coordinate and regularly consult with City Staff to review progress and ensure that necessary information and documentation are shared and incorporated into the work product in a timely manner. For this task, The Consultant will participate in bi-weekly meetings virtually with City Staff to assess progress and direct forthcoming work. Additionally, we will participate in conference calls as needed to track progress and coordinate efforts.

1.3 Deliverables:
o Project Status Meetings (virtual)
o Agendas & Meeting Summaries
TASK 2: REVIEW AND EVALUATION OF VISION PLAN AND SPECIFIC PLAN TASK 2.1 REVIEW AND EVALUATION OF 2022 VISION PLAN AND EXISTING SPECIFIC PLAN The Consultant will review the 2022 Vision and Design Guidelines to understand the vision and goals that were deemed acceptable by the community and should move forward with. It is also expected that The Consultant will review supporting documents presented as part of the preparation of the 2022 Vision and Design Guidelines, such as PowerPoints, community surveys, studies and Council meeting videos/minutes.

The Consultant staff will also review the existing Downtown Specific Plan, as well as other relevant City policy and regulatory documents to understand the existing site and area conditions of the Downtown area.

The Consultant will review the complete existing Specific Plan document, paying attention to each chapter, section, chapter, and provisions. This review will encompass policies, land use regulations, development standards, and any other relevant components.
- Document Review: The Consultant will review the complete existing Specific Plan document, paying attention to each section, chapter, and provision. This review will encompass land use regulations, zoning codes, development standards, and any other relevant components.
- Policy and Regulation Evaluation: The Consultant and City staff will evaluate the effectiveness and relevance of existing policies and regulations in meeting the goals of the Specific Plan. They will identify any inconsistencies, outdated provisions, or gaps in the plan.
- Comparison with 2022 Vision Plan: Staff will compare the content and objectives of the existing Specific Plan with the objectives and recommendations identified in Task 1.2. This comparison will highlight areas where the Specific Plan needs adjustment to accommodate the new vision and guidelines. - Stakeholder and Staff Input: Any input or feedback received from stakeholders and staff will be considered, if stakeholders have specific concerns or suggestions related to the existing Specific Plan, those will be incorporated into the analysis to better tailor questions in Task 3.

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2.1 Deliverable:
o Assessment of Vision Plan and Existing Specific Plan memorandum TASK 2.2 PREPARE OUTLINE OF SPECIFIC PLAN AMENDMENTS
The Consultant will prepare a draft outline showing how the 2022 Vision and Design Guidelines are to be integrated into the existing Specific Plan. The outline will contain an overview of the analysis and inventory depicting the components of the Specific Plan that need to be revised. The Consultant will graphically communicate and highlight the revisions in an easy-to-read format for City staff. The objective of this task is to identify the changes required, based on the content of the feedback received during stakeholder meetings to occur during Task 3.

2.2 Deliverable:
o Outline of Specific Plan amendments (memorandum)
TASK 3: STAKEHOLDER ENGAGEMENT AND COMMUNITY PARTNERSHIP The Consultant will actively incorporate engagement with key stakeholders and the broader community into the planning process to ensure that we have a full understanding of the issues and potential opportunities in the Downtown area. Engagement activities and facilitation will include stakeholder workshops as well as other innovative methods to gain input on the plan from members of the community.

TASK 3.1. STAKEHOLDER MEETINGS AND WORKSHOPS
City staff will identify and compile a comprehensive list of key stakeholders who have a vested interest in the Specific Plan and its potential amendments. Skilled facilitators from The Consultant staff will lead meetings and workshops, ensuring that all stakeholders have the opportunity to voice their opinions, concerns, and ideas.

The Consultant will meet in one-on-one meetings or group workshops with key stakeholders in the community. The stakeholders will serve as a voice for the community to ensure that feedback and interests are heard and reflected in the Downtown Specific Plan Update process.

Key stakeholders expected to participate will include the following: City staff, City Council, the Planning & Housing Commission, the Corona Historic Preservation Society, the Corona Historic Association, the Chamber of Commerce, Downtown businesses, and local developers. Other stakeholders may be identified as needed.

After the meetings have concluded, The Consultant will prepare a Summary Report of the Specific Plan changes discussed with stakeholders. The Summary Report will define the revisions that had a consensus among groups, changes that may be in conflict within or between groups, and recommended actions or Specific Plan revisions.

Notes from the stakeholder meetings will be included as an attachment to the Summary Report.

3.1 Deliverables:
o Meetings with key stakeholders
o Notes/summaries of stakeholder meetings (one-on-one or group workshops) o Final Summary Report of the Specific Plan changes discussed with stakeholders.

TASK 4: DRAFT AMENDMENTS TO SPECIFIC PLAN
TASK 4.1 PREPARATION OF DRAFT DOWNTOWN SPECIFIC PLAN UPDATE:

Based on the 2022 Vision and Design Guidelines, the amended Specific Plan is intended to encourage new development, public and private investments and pedestrian scale, while ensuring Downtown’s historic context is protected, celebrated, and appropriately revitalized.

Staff will use the outline from Task 2 as a guide to draft specific changes, additions, or deletions within the existing Specific Plan. Each proposed amendment will be clear, concise, and targeted to align the plan with the 2022 Vision Plan and Design Guidelines.

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The drafted amendments will then be reviewed for clarity, consistency, and logical flow within the document. The Specific Plan will be written in a manner that is easily understandable by both professionals and the general public.

Each proposed amendment will be cross-referenced with the objectives and recommendations from the 2022 Vision Plan and Design Guidelines to confirm alignment. The language and terminology used in the amendments will be checked for consistency with the language used in the 2022 Vision Plan and Design Guidelines to ensure a harmonious integration.

The City’s legal counsel will review the proposed amendments and ensure they comply with all relevant state laws, regulations, and standards to prevent any legal challenges or conflicts.

The Downtown Specific Plan document will contain the following updated sections:

Development Standards/Regulations. Revisions to development standards or implementation of form-based code regulations will be reviewed and updated as needed to meet the vision of the downtown area. Form-based code provisions will be used as appropriate. In addition, objective development standards to ensure the type of development and design the community desires, while being in compliance with the Housing Authority Act (HAA), SB 35, and SB 330. The Consultant has the experience and track record of creating and implementing objective design and development standards with communities across California.

Design Guidelines. The Specific Plan will be updated to include the 2022 Vision and Design Guidelines, maintain the historic integrity of the plan area, and encourage pedestrian-friendly design compatible with a small-town feel.

Updated graphics will be incorporated to communicate design criteria and standards.

Transportation and Mobility. The plan will include a description of circulation for motor vehicles, transit, bicycles, and pedestrians. The 6th Street Corridor Improvement Project transit plans will be incorporated into this chapter.

Policies regarding complete streets and the circulation element of the General Plan shall also be included.

Administration. The Specific Plan will set forth clear procedures to be followed for the review of all types of entitlements. The level and extent of the review process required for different types of projects will vary. However, for even the simplest administrative procedures, the Code should at a minimum establish unambiguous authority for approval.

TASK 5. ENVIRONMENTAL ANALYSIS
TASK 5.1 PREPARATION OF ENVIRONMENTAL DOCUMENT:

The Consultant will review the adopted and certified Environmental Impact Report (EIR) from the existing Downtown Specific Plan and/or General Plan, and determine the appropriate California Environmental Quality Act (CEQA) process for conducting the Downtown Specific Plan update. The Consultant will also prepare responses to comments received during the public review period.

A preliminary review suggests that the proposed Specific Plan revisions could be reviewed through a Negative Declaration or Mitigated Negative Declaration. To accomplish this, an Initial Study would be provided in draft form to the City for review and, once revised to the City’s satisfaction, would be published as a Draft Negative/Mitigated Negative Declaration (ND/ MND) for a public review period of 30 days. Subsequent to the public review period, the City would be provided with a response to comments memorandum and a mitigation monitoring and reporting program to include with the ND/MND as part of the adoption action. Evaluation of cultural and tribal resources within the specific plan area and consultation with Native American Tribes pursuant to SB 18, and/or AB 52 will also be conducted.

5.1 Deliverables:
o Draft and Final Initial Study and any appendices (Word & PDF) o Draft environmental analysis (Word and PDF format)
o Final environmental analysis, including draft environmental analysis and response to comments (Word & PDF format)
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TASK 6: ADOPTION OF DOWNTOWN SPECIFIC PLAN UPDATE
TASK 6.1 PREPARATION OF FINAL DOWNTOWN SPECIFIC DOCUMENT:

A draft Downtown Specific Plan document will be prepared for review by City staff. Once comments are received, they will be incorporated into the public review draft Specific Plan. Once a draft of the amended Specific Plan is complete, The Consultant will present changes to key stakeholders to verify their feedback has been incorporated and make minor revisions as necessary. The revisions will be presented at up to two stakeholder group meetings or at one community workshop, depending on the extent of feedback provided in Task 3.

The final draft Specific Plan document will then be presented to the City Council at a study session meeting to present the final draft and accept any remaining comments and requested changes before taking to adoption hearings.

Task 6.1 Deliverables:
o Amended Specific Plan
o Stakeholder Meetings (up to two) or one Community Workshop o Final Draft Downtown Specific Plan Document
o City Council Study Session, including attendance and facilitation, and all necessary meeting materials o City Council Study Session summary
TASK 6.2 ADOPTION HEARINGS:

The Consultant, in collaboration with City staff, will assist the City in preparing Planning Commission and City Council packet materials, including the staff report, PowerPoint presentation, resolutions and ordinances, and present the draft Specific Plan update, and any necessary environmental analysis, at public hearings before the Planning Commission and City Council. The Consultant shall make any final revisions to the Specific Plan and environmental analysis based on changes recommended by the City Council.

6.2 Deliverables:
o Planning Commission staff report and PowerPoint presentation o Presentation of Draft Downtown Specific Plan Update at up to (2) Planning Commission hearings o City Council Staff Report and PowerPoint presentations o Presentation of Draft Downtown Specific Plan Update at two (2) City Council public hearings

OPTIONAL TASK - MODERNIZE SPECIFIC PLAN DOCUMENT
The Consultant will update the entire Specific Plan document using Adobe InDesign. The chapters will be formatted into a graphic-rich layout with narrative/text, tables, figures, maps, and drawings.

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EXHIBIT “B”

SCHEDULE OF SERVICES
Consultant shall complete the Services within the Term of this Agreement, and shall meet any other reasonable schedules and deadlines established by City’s Representative.

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EXHIBIT “C”

COMPENSATION
Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth herein.

Labor Hour Estimate
Hourly Rate Schedule
Beginning on the 1st anniversary of the Effective Date of the Agreement and annually thereafter, the hourly rates listed below shall be automatically increased based upon the annual increase in the Department of Labor, Bureau of Labor Statistics or successor thereof, Consumer Price Index (United States City Average, All Items (CPI-U), Not Seasonally adjusted, All Urban Consumers, referred to herein as the “CPI”). Such increase shall not exceed 4% per annum. The increase will become effective upon publication of the applicable CPI data. If the index decreases, the rates listed shall remain unchanged.

Classification Hourly Billing Rate
Planning Services
Community Development Director .........................................................................................................$215 DocuSign Envelope ID: 472F4C26-A1BD-4295-BF66-0997630E607E CA\DD\02000.50101\1401461.15
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Planning Manager ....................................................................................................................................$190 Principal Planner........................................................................................................................................$175 Senior Planner........................................................................................................................................... $160 Associate Planner..................................................................................................................................... $130 Assistant Planner........................................................................................................................................$105 Planning Technician....................................................................................................................................$ 85 Administrative
Grant Manager..........................................................................................................................................$160 Grant Writer...............................................................................................................................................$150 Management Analyst II.............................................................................................................................$120 Management Analyst I..............................................................................................................................$110 Senior Administrative................................................................................................................................$100 Administrative III.........................................................................................................................................$ 95 Administrative II..........................................................................................................................................$ 90 Administrative I...........................................................................................................................................$ 75 DocuSign Envelope ID: 472F4C26-A1BD-4295-BF66-0997630E607E

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