HomeMy WebLinkAboutItem 08 - Project to rezone property and authorization to advertize RFP for EIR (600 Tank Farm)Item 8
�t�x ofi
Council Agenda•
ti
ttjs o
Department Name: Community Development
Cost Center:
4003
For Agenda of:
April 21, 2020
Placement:
Public Hearing
Estimated Time:
15 Minutes
FROM: Michael Codron, Community Development Director
Prepared By: Kyle Bell, Associate Planner
SUBJECT: INITIATION OF A PROJECT TO REZONE A PROPERTY FROM BP-SP TO
C-S-SP TO ALLOW FOR A MIXED -USE DEVELOPMENT PROJECT
CONSISTING OF 280 RESIDENTIAL UNITS AND 15,000 SQUARE FEET
OF COMMERCIAL SPACE. PROJECT INCLUDES AUTHORIZATION OF A
REQUEST FOR PROPOSALS FOR THE PREPARATION OF AN
ENVIRONMENTAL IMPACT REPORT
RECOMMENDATION
Receive a summary presentation on the project proposal from staff and the project applicant and
consider directing staff to proceed with the following:
1. Proceed the processing of the Project through the entitlement process; and
2. Authorize the issuance of a Request for Proposals (RFP) for the preparation of an
Environmental Impact Report (EIR) for the Project and related entitlements; and
3. Authorize the City Manager to enter into a consultant services agreement with the consultant
that best responds to the RFP in terms of qualifications, cost, and approach, that is funded
(consultant and staff costs) solely by the Applicant.
DISCUSSION
The purpose of the initiation of this Project before the City Council is to provide for the orderly
processing of a Project Application requesting a General Plan Amendment and Rezone in a
manner consistent with the overall goals of the community's planning program and the
requirements of State law. It is intended to assure that the General Plan is amended for good
reason and with due consideration of community -wide interests, to achieve and maintain internal
consistency of General Plan elements, and conformance with other guiding documents such as
the Airport Area Specific Plan (AASP).
Staff has determined that California Environmental Quality Act (CEQA) compliance for the
project requires preparation of a Project EIR that evaluates potential environmental effects and
identifies project alternatives. If initiated by Council, an RFP (Attachment A) will be published
on the City's website and distributed to consultants with relevant experience in the preparation of
a project -level EIR with similar environmental issues and constraints.
Packet Page 59
Item 8
Background
The site is composed of 11.1 contiguous acres at the northeast corner of the designated Santa Fe
realignment and Tank Farm Road. It is comprised of two separate parcels: APN: 053-421-06
and APN: 053-421-02. The site slopes from the northwest to southeast, with site elevations at
210 feet at the top of the Flower Mound, and 150 feet at the Acacia Creek/Tank Farm Road
headwall. Acacia Creek borders the project on the east, although the creek area itself is located
on the adjacent parcel to the east.
Figure 1: Conceptual Site Plan
The project site is currently zoned Business Park (BP-SP) within the AASP. The BP zone as well
as the AASP prohibit residential uses at this location. The project application proposes to amend
the AASP and rezone the property to Commercial Services (C-S-SP) zone to allow for a mixed -
use project, similar to what has been approved on the adjacent property at 650 Tank Farm
(March 5, 2019, Council Agenda Report for the Ordinance Adoption of 650 Tank Farm:
http://opengov.slocity.org, WebLink/DocView.aspx?id=91166&dbid=0&repo=CityClerk). The
proposed mixed -use project consists of 280 residential units and approximately 15,000 square
feet of commercial space. The residential units are provided within three different housing types:
140 townhomes, 100 stacked flat units, and 40 studio and one -bedroom units over the
commercial structures. The townhome and stacked flat units are intended as ownership units,
while the mixed -use units will likely be a rental product (Attachment B).
The project will be required to construct or contribute to several major improvements to
transportation infrastructure as identified by the Circulation Element and AASP including the
Santa Fe/Tank Farm Road roundabout, Santa Fe re -alignment, and associated improvements for
Santa Fe Road including two travel lanes and Class IV bike paths. The full extent to fair share
contributions and/or mitigation measures to implement transportation projects will be fully
evaluated and defined through the development review process.
Policy Context
Land Use Designation. The Business Park land use designation provides for research and
development and light manufacturing in a campus setting. The Project's proposed Services &
Manufacturing designation provides for a wide range of uses including business and professional
services, medical services, research and development, and retail sales. It also provides for
residential uses as part of a mixed -use project with a residential density of up to 24 density
units/acre.
Packet Page 60
Item 8
The development conceptually identified for the project site would be consistent with allowances
for mixed -use projects in the Services & Manufacturing land use designation. The City's General
Plan provides several policies regarding mixed -use development. The following provides a
discussion and initial analysis of the proposed project in regard to these policies.
Major City Goal. Housing was determined to be one of the most important, highest priority goals
for the City to accomplish over the 2019-21 Financial Plan. The goal states: Facilitate the
production of housing with an update of the Housing Element, including an emphasis on
affordable housing (including unhoused people) and workforce housing through the lens of
climate action and regionalism.
Housing Element. The Housing Element (HE) Policy 6.10 encourages infill residential
development and the promotion of higher -residential density where appropriates.
Land Use Element. In accordance with the Housing Major City Goal cited above and Housing
Element policies and programs, the proposed General Plan amendment, Specific Plan
amendment and Rezone would allow for the development of a mixed -use project. The proposed
project would facilitate several General Plan policies such as: Land Use Element (LUE) Policy
2.2.62, as the project site provides a variety of housing types within close proximity to public
transportation and is located within walking distance to MindBody Headquarters, SESLOC
Federal Credit Union, and other nearby employers, as well as retail uses and other services of the
Marigold Shopping Center; and LUE Policy 1.53, as the project would help reduce the gap
between housing demand and supply by supporting additional residential units
Additionally, the LUE encourages mixed -use projects where they can be found to be compatible
with existing and potential future development. The LUE encourages compatible mixed uses in
commercial districts and specifically discusses residential and commercial mixed use (LUE
Policy 2.3.6)4. LUE Policy 10.1 (Neighborhood Access) states that all residences should be
within close proximity to food outlets including grocery stores, farmers' markets, and community
gardens.
1 HE Policy 6.10. To help meet the Quantified Objectives, the City will support residential infill development and
promote higher residential density where appropriate.
2 LUE Policy 1.5. Jobs/Housing Relationship. The gap between housing demand (due to more jobs and college
enrollment) and supply should not increase.
s LUE Policy 2.2.6. Neighborhood Characteristics. The City shall promote livability, quiet enjoyment, and safety
for all residents. Characteristics of quality neighborhoods vary from neighborhood to neighborhood, but often
include one or more of the following characteristics: A mix of housing type styles, density, and affordability.
Design and circulation features that create and maintain a pedestrian scale. Nearby services and facilities
including schools, parks, retail (e.g., grocery store, drug store), restaurants and cafes, and community centers or
other public facilities. A tree canopy and well -maintained landscaping. A sense of personal safety.... Convenient
access to public transportation. Well -maintained housing and public facilities.
a LUE Policy 2.3.6. Housing and Businesses. The City shall encourage mixed use projects, where appropriate and
compatible with existing and planned development on the site and with adjacent and nearby properties. The City
shall support the location of mixed -use projects and community and neighborhood commercial centers near
major activity nodes and transportation corridors / transit opportunities where appropriate.
Packet Page 61
Item 8
LUE Policy 10.4 (Encourage Walkability) states that the City shall encourage projects which
provide for and enhance active and environmentally sustainable modes of transportation, such
as pedestrian movement, bicycle access, and transit services. The immediate surrounding
neighborhood provides services, facilities and resources within a half mile of the project site: a
day care, drug stores, restaurants, schools, a major grocery store, a bank, several places of
worship, a fitness center, medical and/or dental services, personal care services, and a full -
service supermarket are currently located within biking or walking distance of the project site.
Airport Area Specific Plan. The AASP was initially adopted on August 23, 2005 and provides a
planning framework for future growth and development within the approximately 1,500-acre
area along the City's southern boundary. The AASP sets forth guidance for land use,
conservation and resource management, community design, circulation and transportation
improvements, and utilities and services needed in the planning area. The AASP has been
amended multiple times, with the last amendment adopted in March 2019, with the approval of
the 650 Tank Farm project. Amendments to the AASP require review by the County Airport
Land Use Commission (ALUC).
The proposed Specific Plan Amendment would allow for the site to be developed with a mixed -
use project. This would accommodate the continuation and expansion of the residential uses in
the vicinity (650 Tank Farm). This residential expansion is an example of urban infill
development that would improve and enhance the supply of housing near jobs and services, and
is consistent with many General Plan goals, policies, and programs (as discussed above). The
project would need to conform to all relevant design considerations and performance standards.
Consistency COVID-19 Orders and Current Fiscal Contingency Plan.
This activity, planning for housing production, is presently allowed under the State and Local
emergency orders associated with COVID-19. This Project, the EIR, and associated staff work,
will be reimbursed by the Developer directly or indirectly through fees and therefore consistent
with the guidance of the City's Fiscal Health Contingency Plan.
Next Steps
Once all application materials are collected and the project applications are deemed complete,
and environmental review has been conducted pursuant to CEQA, public hearings will be
scheduled before the ALUC and Architectural Review Commission (ARC). The ARC will
provide a recommendation to the Planning Commission (PC). The PC will review the project and
associated entitlements for consistency with the General Plan, Zoning Regulations, and
applicable City development standards and guidelines, with a recommendation to City Council
for final action. Associated entitlements are envisioned at this time to include: Environmental
Impact Determination, General Plan Map Amendment (includes rezoning), Specific Plan
Amendment, Minor Subdivision, Minor Use Permit, and Development Review (Major).
Public Engagement
Consistent with the City's Public Engagement and Noticing (PEN) Manual and the City's
Municipal Code, the project was noticed per the City's notification requirements for
Development Projects. Newspaper legal advertisements were posted in the New Times ten days
prior to the hearing. Additionally, postcards were sent to both tenants and owners of properties
located within 300 feet of the project site ten days before the hearing.
Packet Page 62
Item 8
CONCURRENCE
The project was previously reviewed by other City Departments through a pre -application
meeting held on June 6, 2019 including Community Development (Planning and Engineering)
and Public Works (Transportation), Fire, Building, Utilities, and Administration (Natural
Resources). No additional concurrence has occurred at this time as further review from the other
departments is dependent on the results of the Council initiation. The project entitlements will be
routed to the various City Departments to ensure that staff has adequate information for a
complete application to evaluate the project and identify any conflicts with City standards or
guidelines. All City Departments will be providing comments that will be incorporated into the
staff reports and recommended resolution/ordinance as conditions of the project.
ENVIRONMENTAL REVIEW
The CEQA does not apply to the recommended action in this report because the action does not
constitute a "Project" under CEQA Guidelines Sec. 15378. Future applications for entitlements
will be subject to CEQA at the time the applications are filed.
FISCAL IMPACT
Budgeted: Yes
Funding Identified: No
Fiscal Analysis:
Budget Year: N/A
Funding Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing Cost
General Fund
N/A
State
Federal
Fees
Other:
Total
There is no fiscal impact associated with initiating project applications. The developer will
reimburse the City for all staff and consultant fees associated with processing the applications.
As part of the applications, the applicant will be required to prepare a fiscal impact study that
would analyze the project's effects on the City. Due to the size of the project, the applicant will
be paying for actual costs for staff and consultant time rather than a flat fee to process all of the
required permits and to coordinate the preparation of an EIR.
Packet Page 63
Item 8
ALTERNATIVES
Deny the consideration of the application. The Council should provide findings in reference
to specific General Plan provisions that identify the project as inconsistent with overall
General Plan policy direction.
a. Decline to authorize the RFP or deferred to a future time.
2. Continue consideration of the application to a future date. The Council can continue review
of the project to a future meeting. If this alternative is taken, the Council should provide
direction to staff regarding additional information needed to provide further direction
regarding the project application.
a. Provide direction regarding an amended RFP and continue authorization of the REP to a
date uncertain. This alternative is recommended if the City Council would like to review
and consider major revisions to the RFP.
3. Initiate the proiect application and provide direction regardinm an amended RFP. The
Council may authorize the RFP based on finalization and approval by the Community
Development Director. This alternative is recommended if the Council provides direction
resulting in minor revisions to the RFP.
Attachments:
a - Request for Proposal to Prepare EIR
b - COUNCIL READING FILE - Project Proposal
Packet Page 64
Item 8
Community Development
919 Palm street, San Luis Obispo, CA 93401-3218
8051811170
slocity.org
Notice Requesting Proposals
for Preparation of an Environmental Impact Report (EIR) for the
600 Tank Farm Road Project
Specification No.
The City of San Luis Obispo is requesting proposals to prepare an Environmental Impact Report (EIR) pursuant to
the California Environmental Quality Act (CEQA) for the 600 Tank Farm Road Project. All proposals must be
received by the City of San Luis Obispo Community Development Department at 919 Palm Street, San Luis Obispo,
CA 93401 by 3:00 P.M. on , 2020.
Proposals received after said time will not be considered. To guard against premature opening, each proposal
package must be submitted to the Community Development Department in a sealed envelope plainly marked with
the request title, specification number, Consultant name, and time and date of the proposal opening. Proposals
must be submitted using the forms provided in the specification package.
Obtaining a Specification Package
Download from the City's Web site www.slocity.org - Bids & Proposals link
Questions
Contact Associate Planner Kyle Bell at (805) 781-7524 or kbell(@slocity.org or Senior Planner Shawna Scott at
(805) 781-7176 or sscott(a)slocity.org with any questions regarding this Request for Proposals.
Disadvantaged Business Participation
DBE and other small businesses as defined in Title 49 CFR 26, are encouraged to participate in the performance
of agreements financed in whole or in part with federal funds.
Packet Page 65
Item 8
Specification No.
TABLE OF CONTENTS
SectionA....................................................................................
DESCRIPTION OF WORK..........................................................
GENERAL TERMS AND CONDITIONS ......................................
PROPOSAL REQUIREMENTS ...............................................
CONTRACT AWARD AND EXECUTION ................................
PROPOSAL CONTENT AND SELECTION PROCESS ...............
PROPOSAL CONTENT..........................................................
PROPOSAL EVALUATION AND CONSULTANT SELECTION
FORM OF AGREEMENT [EXAMPLE] .........................................
PROPOSAL SUBMITTAL FORMS ..............................................
ACKNOWLEDGEMENT.........................................................
INSURANCE CERTIFICATE ..................................................
STATEMENT OF PAST CONTRACT DISQUALIFICATIONS..
REFERENCES.......................................................................
INSURANCE REQUIREMENTS: Consultant Services .................
.3
.3
.8
.8
.9
10
10
11
12
20
20
20
21
22
24
600 Tank Farm Road EIR Request for Proposals
Packet P469f 24
Item 8
Section A
DESCRIPTION OF WORK
The City is requesting proposals from consultants to prepare an Environmental Impact Report (EIR) pursuant to the
California Environmental Quality Act (CEQA) for the 600 Tank Farm Road Project. The project includes a Specific
Plan, General Plan Amendment, and related actions that would allow for the development of mixed -use project,
within the City of San Luis Obispo.
Background
Site Overview
The site is composed of 11.1 contiguous acres at the northeast corner of the designated Santa Fe re -alignment and
Tank Farm Road. It is comprised of two separate parcels: APNs: 053-421-06 and 053-421-02. The site slopes
from the northwest to southeast, with site elevations at 210 feet at the top of the Flower Mound, and 150 feet at the
Acacia Creek/Tank Farm Road headwall. Acacia Creek borders the project on the east, although the creek area
itself is located on the adjacent parcel to the east.
The immediate surrounding (1/2-mile radius) neighborhood provides a variety of services, facilities and resources.
A day care, drug stores, restaurants, schools, a major grocery store, a bank, several places of worship, a fitness
center, medical and/or dental services, personal care services, and a full -service supermarket are currently located
within biking or walking distance of the project site.
General Plan Basis
The Airport Area Specific Plan (AASP) and the General Plan Land Use Element designate the site as Business
Park. This designation has been driven by the policies of the County's Airport Land Use Plan (ALUP) which
600 Tank Farm Road EIR Request for Proposals Packet Paia3"Of 24
Item 8
generally prohibit residential land uses in the AASP, except for those properties that are currently zoned or
developed for residential purposes. The Airport Land Use Commission (ALUC) is now in the process of updating
the ALUP so that it is consistent with the operational projections in the Airport Master Plan, and with the most recent
version of the Caltrans Handbook. The extent of noise impacts is now known to be confined to properties south of
Tank Farm Road in the vicinity of the project. The ALUC has commissioned, and adopted, a noise study that
documents the extent of these noise issues, and the ALUC has been using that document as its office noise
reference for approximately five years now. The ALUC is also reviewing its safety zones and those zones will be
modified to reflect a more conventional configuration, more like that in the Caltrans Handbook and those used for
other County airports. The updated safety zone maps show the project site in "Safety Zone 6" as defined by the
Caltrans Airport Land Use Planning Handbook. The proposed development project will be dependent on the ALUP
amendment, which is anticipated to be complete in mid-2020.
Proposed Project Overview
The project application includes proposals to amend the
General Plan and AASP to rezone the property to
Commercial Services (C-S-SP) zone to allow for a mixed -
use project, similar to what has been proposed on the
adjacent property 650 Tank Farm. The mixed -use project
consists of 280 residential units and approximately 15,000
square feet (SF) of commercial space. The residential
units are provided within three different housing types: 140
townhomes, 100 stacked flat units, and 40 studio and one -
bedroom units over the commercial structures. The
townhomes will have a mix of one -bedroom, two -bedroom
and three -bedroom units ranging in size from 750 SF up
to 1,375 SF with an average dwelling unit size of less than
1,100 SF. The stacked flats would range in size from 470
SF to 925 SF. Overall, the average unit size across the
280 units is less than 1,000 SF, lower than any other
recent mixed use/mixed tenancy project in the community.
The townhome and stacked flat units are intended as
ownership units, while the mixed -use units will likely be a
rental product.
The project will also implement the "alternative" design
section for Santa Fe that has been identified by City staff
and in the AASP, with an interim design of one travel lane
in each direction, a vertically -separated 6.5-foot Class IV
bike path, a 7-foot parkway strip and a five-foot sidewalk.
Santa Fe will be extended north along the west property
line for approximately 475 to 500 feet to a temporary offset
cul-de-sac. Longer term, this temporary terminus will be
built as a 90-degree roundabout to connect Santa Fe to
the Prado Road extension by the developers of the
Chevron or Damon Garcia properties. The project will
implement the City's plans for a roundabout at Tank Farm
and Santa Fe. Final road geometry and the number of
lanes will be evaluated as part of the project.
Key Issues to be Addressed in EIR
The EIR will be a full -scope document, which covers all environmental issue areas as required by State CEQA
Guidelines Article 9, Contents of Environmental Impact Reports. Please ensure your scope of work includes an
600 Tank Farm Road EIR Request for Proposals Packet Pa� bii f 24
Item 8
Energy section or chapter (refer to State CEQA Guidelines Appendix F: Energy Conservation for additional
guidance).
The EIR shall evaluate project -specific and cumulative impacts, in addition to secondary effects that may occur as
a result of implementation of mitigation measures and conditions of approval. The scope of work approach shall
identify how cumulative impacts will be addressed in the EIR, noting the other large development projects (650
Tank Farm, 660 Tank Farm, San Luis Ranch, Froom Ranch, and Avila Ranch) currently under review by the City,
in addition to existing and reasonably foreseeable development.
Available Supporting Documents
The applicant is in the process of completing the following technical studies to support 600 Tank Farm project.
These will be made available to the EIR preparers upon their completion and submittal to the City:
• Preliminary Exhibits and Visual Simulations
• Biological Resources Inventory Survey
• Archeological and Cultural Resource Survey
• Wetland Delineation
• Traffic Study to inform the necessity of a Transportation Impact Study
• Geotechnical Study
• Preliminary Soils Engineering Report
• Noise Study
It should be noted, however, that the technical studies that are being prepared may not be sufficient for evaluating
all project -specific impacts associated with the corresponding issue areas. The City recommends that prospective
firms review the available documents and include a list of any additional technical studies that are anticipated to be
necessary and include the preparation of those studies in the proposed Scope of Work. The successful candidate
should also clearly explain their proposed approach to utilizing existing reports and how the peer review process (if
necessary) will be managed to maintain the overall project schedule.
Considerations in Presenting Consultant Experience and Personnel
The proposal should focus on the relevant experience of personnel currently at the firm and proposed for the
consultant team, and not the historical experience of the firm. It is the City's expectation that personnel identified in
a consultant's proposal will play a major role in the execution of the assignment if the firm is selected. The proposal
should include an appropriate range of senior and junior level staff that realistically reflects the team that would
likely work on the assignment. The proposal can present information about relevant experience and key personnel
in a variety of ways. A recommended approach is to provide a matrix listing key personnel, their potential roles in
preparing the EIR, and associated relative experience. For larger firms, please be realistic about the effort assigned
to company principals or high-level senior staff. For smaller firms, please demonstrate how yourfirm has adequately
qualified staff to complete an assignment of this magnitude. The City seeks honest, transparent, and realistic
responses to this RFP relative to a company's qualifications and its ability to complete the assignment.
A proposal can, but is not required to, include other firms that would be subconsultants and part of the team if
selected for the assignment. If your proposal does not address one or another specific type of expertise that may
be required to prepare the EIR (e.g., aesthetics, noise, air quality, cultural resources, biology), please describe how
you intend to address these issues if selected. The proposal should demonstrate that all identified subconsultants
are adequately qualified to complete their identified scope of work and demonstrate how the firm has successfully
worked with these subconsultants in the past.
The successful consultant should be prepared to discuss an approach to maintaining an aggressive EIR schedule
concurrently with finalization of the Specific Plan and details for proposed site development. In your proposal, please
discuss examples of projects where yourfirm's key personnel have addressed this issue and successful approaches
to maintain the overall EIR schedule.
600 Tank Farm Road EIR Request for Proposals Packet Pa� by f 24
Item 8
Project Management Approach
Please identify your firm's proposed Project Manager and describe how your firm would address key project
management tasks, including those related to maintaining the EIR schedule, cost control, delegation of tasks, quality
control, and technical review. Provide examples, if applicable, of how your firm ensures that projects are completed
on time and within budget. Explain how your firm envisions interacting with City staff and the applicant team
throughout the EIR process, in a manner that is collaborative but ensures an independent analysis of the issues.
Describe how you intend to manage a process that is cost-effective, timely, efficient, inclusive of public input, and
ultimately produces an EIR that is easily understandable to the public and decision makers. The City values
creativity, clear thinking, and exceptional writing skills in evaluating your approach to project management, and the
EIR process in general.
Please describe your selected Project Manager's specific experience with similar assignments, and how the issues
described above were addressed. Where past projects presented challenges, please describe how your Project
Manager was able to successfully address them, and how these lessons might be applied to the 600 Tank Farm
Road Project.
The selected consultant's Project Manager will be expected to be the City's primary point of contact, and must
understand the overall contract agreement and manage paperwork associated with it.
Scope of Work
The following section describes the tasks that are anticipated for the preparation of the EIR. Proposers shall
consider the scope and recommend any additional services (such as additional technical studies and/or
investigations) that would meet the intent of the RFP and would assist the City in preparing the EIR for the project
in a streamlined timeframe. Proposers are requested to recommend a strategy to achieve this goal and incorporate
the necessary scope into the tasks described below.
1. Kickoff Meeting and Review of Available Studies and Documentation
2. Prepare Project Description
3. Peer review applicant -prepared technical studies
4. Prepare Technical Studies (identify any additional technical studies anticipated to be necessary/prepared
by the proposer's team)
5. Prepare Administrative Draft EIR
6. Prepare Public Review Draft EIR
7. Prepare Administrative Final EIR and Response to Comments
8. Prepare Final EIR
9. Prepare CEQA Findings, Notice of Determination (NOD), and Mitigation Monitoring and Reporting Program
(MMRP)
10. Public Hearings
Proposers shall assume up to two rounds of review and comments on Administrative versions of the documents to
be prepared. Additionally, proposers shall be responsible for all document production, draft notices, and distribution
requirements associated with producing and circulating the Draft EIR and Final EIR. The Draft EIR shall include the
Draft Mitigation, Monitoring and Reporting Program (MMRP). The Final EIR shall include the MMRP and Responses
to Comments on the Draft EIR. Proposers should assume production of:
- Ten (10) hard copies (body only) and an electronic copy (body and appendices) of the Administrative
Draft EIR
- One (1) electronic copy of the revised Administrative Draft EIR (showing tracked changes)
- One (1) hard copy of the print -check copy of the Draft EIR (body and appendices)
- Twenty (20) hard copies (Draft EIR body only, bound) and 40 electronic copies (CDs; Draft EIR body
and appendices)
- One (1) hard copy (Draft EIR body and appendices, bound)
- One (1) web -ready electronic copy of the Draft EIR and appendices (PDF sections)
- Twenty (20) hard copies (stand-alone, bound) of the Executive Summary of the Draft EIR
600 Tank Farm Road EIR Request for Proposals Packet Paiwl*f 24
Item 8
Ten (10) hard copies (body only) and an electronic copy (body and appendices) of the Administrative
Final EIR
One (1) electronic copy of the revised Administrative Final EIR (showing tracked changes)
One (1) hard copy of the print -check copy of the Final EIR (body and appendices, bound)
Twenty (20) hard copies (Final EIR body only, bound) and 40 electronic copies (CDs; Final EIR body
and appendices)
One (1) web -ready copy of the Final EIR and appendices (PDF sections)
One (1) electronic copy of the CEQA Findings and Statement of Overriding Considerations
Proposers should assume attendance at the following public hearings:
- Airport Land Use Commission, assume two hearings (one for the Draft EIR, one for the Final EIR);
- Architectural Review Commission, assume two hearings (two for the Draft EIR);
- Cultural Resource Committee, assume one hearing (one for the Draft EIR);
- Active Transportation Committee, assume one hearing (one for the Draft EIR);
- Planning Commission, assume four hearings (two for the Draft EIR, two for the Final EIR); and
- City Council, assume two hearings (two for the Final EIR).
Schedule
Please provide an estimated schedule detailing your firm's projected timeline for completing each of the tasks
detailed in the Scope of Work in a timely and efficient manner. The successful candidate should show a commitment
to completing the EIR in an expedited timeframe and provide a clear discussion of their approach to keeping the
EIR on schedule.
Cost of Services
Please provide a detailed fee schedule showing the hourly rates for staff and any other direct materials and
equipment costs that are anticipated for completion of the identified scope of work. The proposed fee schedule
should outline all costs to prepare and distribute the Draft and Final EIR, including duplication and mailing costs,
administrative costs, and travel costs.
600 Tank Farm Road EIR Request for Proposals Packet Pa J&Gfff 24
Item 8
Section B
GENERAL TERMS AND CONDITIONS
PROPOSAL REQUIREMENTS
1. Requirement to Meet All Provisions. Each individual or firm submitting a Proposal (Consultant) shall meet all
of the terms, and conditions of the Request for Proposals (RFP) specifications package. By virtue of its proposal
submittal, the Consultant acknowledges agreement with and acceptance of all provisions of the RFP
specifications.
2. Proposal Submittal. Each Proposal must be submitted on the form(s) provided in the specifications package
and accompanied by any other required submittals or supplemental materials. Proposal documents shall be
enclosed in an envelope that shall be sealed and addressed to the Community Development Department, City
of San Luis Obispo, 919 Palm Street, San Luis Obispo, CA, 93401. Each submittal shall include three hard
copies and one electronic copy of the proposal, submitted in Adobe Acrobat format on CD or flash drive. In
order to guard against premature opening, the proposal should be clearly labeled with the proposal title,
specification number, name of Consultant, and date and time of proposal opening. No facsimile (fax) or emailed
submittals will be accepted.
3. Insurance Certificate. Each proposal must include a certificate of insurance showing:
a. The insurance carrier and its A.M. Best rating.
b. Scope of coverage and limits.
c. Deductibles and self -insured retention.
The purpose of this submittal is to generally assess the adequacy of the Consultant's insurance coverage during
proposal evaluation; as discussed under paragraph 12 below, endorsements are not required until contract
award. The City's insurance requirements are detailed in Section F.
4. Submittal of References. Each proposer shall submit a proposal and references on the form provided in the
RFP package.
5. Statement of Contract Disqualifications. Each proposer shall submit a statement regarding any past
government disqualifications on the form provided in the RFP package.
6. Proposal Withdrawal and Opening. A Consultant may withdraw its proposal, without prejudice prior to the
time specified for the proposal opening, by submitting a written request to the City for its withdrawal, in which
event the proposal will be returned to the Consultant unopened. No proposal received after the time specified
or at any place other than that stated in the "Notice Requesting Proposals" will be considered. All qualification
proposals will be opened and declared publicly. Consultants or their representatives are invited to be present
at the opening of the qualification proposals.
7. Submittal of One Proposal Only. No individual or business entity of any kind shall be allowed to make or file,
or to be interested in more than one proposal, except an alternative proposal when specifically requested;
however, an individual or business entity that has submitted a sub -proposal to a Consultant submitting a
proposal, or who has quoted prices on materials to such Consultant, is not thereby disqualified from submitting
a sub -proposal or from quoting prices to other Consultants submitting qualification proposals.
8. Communications. All timely requests for information submitted in writing will receive a written response from
the City. Telephone communications with City staff are not encouraged, but will be permitted. However, any
such oral communication shall not be binding on the City.
9. Alternative Qualification Proposals. When specifically requested, the proposer may submit an alternative
qualification proposal (or proposals) that it believes will also meet the City's project objectives but in a different
way. In this case, the proposer must provide an analysis of the advantages and disadvantages of each of the
600 Tank Farm Road EIR Request for Proposals Packet Pa� ! L f 24
Item 8
alternatives, and discuss under what circumstances the City would prefer one alternative to the other(s). If an
alternative proposal is submitted, the maximum length of the proposal may be expanded proportionately by the
number of alternatives submitted.
CONTRACT AWARD AND EXECUTION
10. Proposal Retention and Award. The City reserves the right to retain all qualification proposals for a period of
60 days for examination and comparison. The City also reserves the right to waive non -substantial irregularities
in any proposal, to reject any or all qualification proposals, to reject or delete one part of a proposal and accept
the other, except to the extent that proposals are qualified by specific limitations. See the "Special Terms and
Conditions" in Section C of these specifications for proposal evaluation and contract award criteria. The City
may choose to interview any number of qualified consultants as the basis for making a final selection.
11. Competency and Responsibility of Consultant. The City reserves full discretion to determine the
competence and responsibility, professionally and/or financially, of Consultants. Consultants will provide, in a
timely manner, all information that the City deems necessary to make such a decision.
12. Contract Requirement. The Consultant to whom award is made shall execute a written contract with the City
within ten (10) calendar days after notice of the award has been sent by mail to it at the address given in its
proposal. The contract shall be made in the form adopted by the City and incorporated in these specifications.
13. Insurance Requirements. The Consultant shall provide proof of insurance in the form, coverages and
amounts specified in Section F of these specifications within 10 (ten) calendar days after notice of contract
award as a precondition to contract execution.
14. Business License & Tax. The Consultant must have a valid City of San Luis Obispo business license and tax
certificate before execution of the contract. Additional information regarding the City's business license and tax
program may be obtained by calling (805) 781-7134.
15. Failure to Accept Contract. The following will occur if the Consultant to whom the award is made fails to enter
into the contract: the award will be annulled and an award may be made to the next highest ranked Consultant
with whom a responsible compensation is negotiated, who shall fulfill every stipulation as if it were the party to
whom the first award was made.
600 Tank Farm Road EIR Request for Proposals Packet Paid ! 3 f 24
Item 8
Section C
PROPOSAL CONTENT AND SELECTION PROCESS
PROPOSAL CONTENT
1. Submittal Forms
a. Acknowledgement
b. Certificate of Insurance
c. References
d. Statement of Past Disqualifications
2. Qualifications
a. Experience of your firm in performing CEQA and Planning work for government clients and facilities, any
other qualifications or specialties which you make your firm well -suited in assisting the City for this
assignment.
b. Experience of the staff to be assigned to this work in performing similar services.
c. Redundancy in the company of staff experienced in this type of work.
d. Resumes of the individuals who would be assigned to this work.
e. Proximity and staffing levels of the nearest company office.
f. Statement and explanation of any instances where your firm has been removed from a project or
disqualified from proposing on a project
g. Standard hourly billing rates for consultant and sub -consultant staff
h. Detailed list of services available directly from your firm.
3. Work Program
a. A detailed work program and project schedule is required as part of the proposal. The work program shall
itemize major tasks and work products, responsible staff, special information or studies required, and
special methods or equipment, if any, you anticipate using. The City welcomes creative ideas that might be
useful in the approach to this assignment, which should be based on your key personnel's past experience.
Procedures should be included showing how the consultant plans to coordinate with key City staff and
responsible and trustee agencies.
b. The work program should identify all other elements of the EIR needed to assure CEQA compliance, which
may not be listed in the scope of work, and should explain how these tasks will be accomplished. The
consultant, in consultation with the City's Project Manager, shall be responsible for the preparation of the
required Notice of Completion & Environmental Transmittal, Environmental Summary Form, and Notice of
Completion of Draft EIR. The consultant will also be responsible for mailing these documents to relevant
agencies and interested citizens, as well as distributing Draft EIRs. The costs for these tasks and mailing
costs should be factored into the total EIR budget.
c. Tentative schedule by phase and task for completing the work. Examples of key tasks are: data collection,
data verification and analysis, completion of the Administrative Draft EIR, completion of the Draft EIR,
preparation of responses to comments, attendance at public hearings, and certification of the Final EIR.
d. Estimated hours for your staff in performing each major phase of the work, including sub -consultants,
organized by major task to be accomplished and by level of employee who will be assigned to do this work.
The time for firm members to attend public hearings where the EIR is considered.
e. Services or data to be provided by the City that is not already identified in the scope of work.
f. Any other information that would assist us in making this contract award decision.
4. Proposal Length and Copies
a. Proposals should be the minimum length to provide the required information. Charts and other short form
approaches to conveying information are encouraged.
b. Three printed hard copies of the proposal must be submitted.
c. One Adobe Acrobat format electronic copy must be submitted on CD or flash drive.
600 Tank Farm Road EIR Request for Proposals Packet Pa ae 1OW 24
Item 8
PROPOSAL EVALUATION AND CONSULTANT SELECTION
Proposals will be evaluated by a review committee and the successful consultant will be selected as follows:
Written Proposal Review and Finalist Candidate Selection
Evaluation of the proposals will be based on the following:
1. Understanding of the work involved in completing Project EIRs under CEQA.
2. The qualifications and experience of your firm's Project Manager, and your firm's proposed approach
to Project Management.
3. Demonstrated competence, professional qualifications of proposed staff within the firm assigned to this
project.
4. Recent experience in successfully performing similar services.
5. Ability to work collaboratively with City staff, the project applicant team, and the general public within
the legal requirements of the CEQA process.
6. Demonstrated ability to think clearly and creativity, and to provide succinct analysis that is well -
organized and exceptionally well -written in plain language.
Proposals will be reviewed by a selection committee and ranked in accordance with the above criteria. The City
may choose to conduct consultant interviews to better evaluate the competing proposals, but may choose a
consultant without an interview if one proposal stands out clearly from the others. The City will work with the
selected consultant to finalize a detailed work scope and cost for the purpose of entering into a contract. If an
acceptable scope of work and cost cannot be achieved, the City will work with the second -ranked consultant to
develop an acceptable scope of work and cost proposal that leads to a signed contract.
5. Proposal Review and Consultant Selection Schedule
The following is an outline of the anticipated schedule for proposal review and consultant selection:
Issue RFP .......................................................April 22, 2020
Consultant questions regarding RFP.................. May 8, 2020
City Answers to Questions ............................... May 13, 2020
Receive proposals ........................................... May 22, 2020
Complete proposal evaluation/interviews .............. June 2020
Consultant Selection .............................................. July 2020
600 Tank Farm Road EIR Request for Proposals Packet Pa ae ftf 24
Item 8
Section D
FORM OF AGREEMENT [EXAMPLE]
AGREEMENT
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on [day, date, year] by and
between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and
[CONSULTANT'S NAME IN CAPITAL LETTERS], hereinafter referred to as Consultant.
WITNESSETH
WHEREAS, on [date], requested qualifications, work scope, and cost proposal for preparation of an
Environmental Impact Report for the 600 Tank Farm Road project per Specification No. XX.
WHEREAS, pursuant to said request, Consultant submitted a proposal that was accepted by City for said
services.
NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter
contained, the parties hereto agree as follows:
1. Term. The term of this Agreement shall be from the date this Agreement is made and entered, as first written
above, until acceptance or completion of said services.
2. Start and Completion of Work. Individual projects shall be completed in accordance with approved project
schedules.
3. Contract Term. The services identified in this specification will be contracted for by the City based on a mutually
agreed scope of work, cost and schedule to be negotiated between the City and EIR consultant following
consultant selection.
4. Contract Modification. The scope, cost, and schedule of the agreed -upon contract may not be change except
either by City approval of a prior written request by the consultant to respond to changing project conditions
outside the consultant's control, or as otherwise directed by the City.
5. Work Delays. Should the Consultant be obstructed or delayed in the work required to be done hereunder by
changes in the work or by any default, act, or omission of the City, or by strikes, fire, earthquake, or any other
Act of God, or by the inability to obtain materials, equipment, or labor due to federal government restrictions
arising out of defense or war programs, then the time of completion may, at the City's sole option, be extended
for such periods as may be agreed upon by the City and the Consultant. In the event that there is insufficient
time to grant such extensions prior to the completion date of the contract, the City may, at the time of acceptance
of the work, waive liquidated damages that may have accrued for failure to complete on time, due to any of the
above, after hearing evidence as to the reasons for such delay, and making a finding as to the causes of same.
6. Termination for Convenience. The City may terminate all or part of this Agreement for any or no reason at
any time by giving 30 days written notice to Contractor. Should the City terminate this Agreement for
convenience, the City shall be liable as follows: (a) for standard or off -the -shelf products, a reasonable
restocking charge not to exceed ten (10) percent of the total purchase price; (b) for custom products, the less
of a reasonable price for the raw materials, components work in progress and any finished units on hand or the
price per unit reflected on this Agreement. For termination of any services pursuant to this Agreement, the City's
liability will be the lesser of a reasonable price for the services rendered prior to termination, or the price for the
services reflected on this Agreement. Upon termination notice from the City, Contractor must, unless otherwise
directed, cease work and follow the City's directions as to work in progress and finished goods.
600 Tank Farm Road EIR Request for Proposals Packet Pa ae of 24
Item 8
7. Termination for Cause. If, during the term of the contract, the City determines that the Consultant is not
faithfully abiding by any term or condition contained herein, the City may notify the Consultant in writing of such
defect or failure to perform. This notice must give the Consultant a 10 (ten) calendar day notice of time thereafter
in which to perform said work or cure the deficiency.
If the Consultant has not performed the work or cured the deficiency within the ten days specified in the notice,
such shall constitute a breach of the contract and the City may terminate the contract immediately by written
notice to the Consultant to said effect. Thereafter, neither party shall have any further duties, obligations,
responsibilities, or rights under the contract except, however, any and all obligations of the Consultant's surety
shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the
termination thereof.
In said event, the Consultant shall be entitled to the reasonable value of its services performed from the
beginning date in which the breach occurs up to the day it received the City's Notice of Termination, minus any
offset from such payment representing the City's damages from such breach. "Reasonable value" includes fees
or charges for goods or services as of the last milestone or task satisfactorily delivered or completed by the
Consultant as may be set forth in the Agreement payment schedule; compensation for any other work, services
or goods performed or provided by the Consultant shall be based solely on the City's assessment of the value
of the work -in -progress in completing the overall workscope.
The City reserves the right to delay any such payment until completion or confirmed abandonment of the project,
as may be determined in the City's sole discretion, so as to permit a full and complete accounting of costs. In
no event, however, shall the Consultant be entitled to receive in excess of the compensation quoted in its
proposal.
If, at any time during the term of the contract, the City determines that the project is not feasible due to funding
shortages or unforeseen circumstances, the City reserves the right to terminate the contract. Consultant will be
paid compensation due and payable to the date of termination.
8. Ability to Perform. The Consultant warrants that it possesses, or has arranged through subcontracts, all capital
and other equipment, labor, materials, and licenses necessary to carry out and complete the work hereunder
in compliance with any and all applicable federal, state, county, city, and special district laws, ordinances, and
regulations.
9. Sub -contract Provisions. No portion of the work pertinent to this contract shall be subcontracted without
written authorization by the City, except that which is expressly identified in the Consultant's proposal. Any
substitution of sub -consultants must be approved in writing by the City. For any sub -contract for services in
excess of $25,000, the subcontract shall contain all provisions of this agreement.
10. Contract Assignment. The Consultant shall not assign, transfer, convey or otherwise dispose of the contract,
or its right, title or interest, or its power to execute such a contract to any individual or business entity of any
kind without the previous written consent of the City.
11. Inspection. The Consultant shall furnish City with every reasonable opportunity for City to ascertain that the
services of the Consultant are being performed in accordance with the requirements and intentions of this
contract. All work done and all materials furnished, if any, shall be subject to the City's inspection and approval.
The inspection of such work shall not relieve Consultant of any of its obligations to fulfill its contract
requirements.
12. Record Retention and Audit. For the purpose of determining compliance with various laws and regulations
as well as performance of the contract, the Consultant and sub -consultants shall maintain all books, documents,
papers, accounting records and other evidence pertaining to the performance of the contract, including but not
limited to the cost of administering the contract. Materials shall be made available at their respective offices at
all reasonable times during the contract period and for four years from the date of final payment under the
contract. Authorized representatives of the City shall have the option of inspecting and/or auditing all records.
600 Tank Farm Road EIR Request for Proposals Packet Pa ae �?7pf 24
Item 8
For Federally funded projects, access to records shall also include authorized representatives of the State and
Federal government. Copies shall be furnished if requested.
13. Conflict of Interest. The Consultant shall disclose any financial, business, or other relationship with the City
that may have an impact upon the outcome of this contract, or any ensuing City construction project. The
Consultant shall also list current clients who may have a financial interest in the outcome of this contract, or any
ensuing City construction project which will follow.
The Consultant covenants that it presently has no interest, and shall not acquire any interest —direct, indirect
or otherwise —that would conflict in any manner or degree with the performance of the work hereunder. The
Consultant further covenants that, in the performance of this work, no sub -consultant or person having such an
interest shall be employed. The Consultant certifies that no one who has or will have any financial interest in
performing this work is an officer or employee of the City. It is hereby expressly agreed that, in the performance
of the work hereunder, the Consultant shall at all times be deemed an independent Consultant and not an agent
or employee of the City.
14. Rebates, Kickbacks or Other Unlawful Consideration. The Consultant warrants that this contract was not
obtained or secured through rebates, kickbacks or other unlawful consideration, either promised or paid to any
City employee. For breach or violation of the warranty, the City shall have the right in its discretion; to terminate
the contract without liability; to pay only for the value of the work actually performed; to deduct from the contract
price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.
15. Covenant Against Contingent Fees. The Consultant warrants by execution of this contract that no person or
selling agency has been employed, or retained, to solicit or secure this contract upon an agreement or
understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or
bona fide established commercial or selling agencies maintained by the Consultant for the purpose of securing
business. For breach or violation of this warranty, the City has the right to annul this contract without liability;
pay only for the value of the work actually performed, or in its discretion, to deduct from the contract price or
consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent
fee.
16. Compliance with Laws and Wage Rates. The Consultant shall keep itself fully informed of and shall observe
and comply with all applicable state and federal laws and county and City of San Luis Obispo ordinances,
regulations and adopted codes during its performance of the work. This includes compliance with prevailing
wage rates and their payment in accordance with California Labor Code. For purposed of this paragraph,
"construction" includes work performed during the design and preconstruction phases of construction, including
but not limited to, inspection and land surveying work.
17. Payment of Taxes. The contract prices shall include full compensation for all taxes that the Consultant is
required to pay.
18. Permits, Licenses and Filing Fees. The Consultant shall procure all permits and licenses, pay all charges
and fees, and file all notices as they pertain to the completion of the Consultant's work. The City will pay all
application fees for permits required for the completion of the project including building and regulatory permit
application fees. Consultant will provide a 10 day notice for the City to issue a check.
19. Safety Provisions. The Consultant shall conform to the rules and regulations pertaining to safety established
by OSHA and the California Division of Industrial Safety.
20. Public and Employee Safety. Whenever the Consultant's operations create a condition hazardous to the
public or City employees, it shall, at its expense and without cost to the City, furnish, erect and maintain such
fences, temporary railings, barricades, lights, signs and other devices and take such other protective measures
as are necessary to prevent accidents or damage or injury to the public and employees.
21. Preservation of City Property. The Consultant shall provide and install suitable safeguards, approved by the
City, to protect City property from injury or damage. If City property is injured or damaged resulting from the
600 Tank Farm Road EIR Request for Proposals Packet Pa ae 1-f 21
Item 8
Consultant's operations, it shall be replaced or restored at the Consultant's expense. The facilities shall be
replaced or restored to a condition as good as when the Consultant began work.
22. Immigration Act of 1986. The Consultant warrants on behalf of itself and all sub -consultants engaged for the
performance of this work that only persons authorized to work in the United States pursuant to the Immigration
Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work
hereunder.
23. Consultant Non -Discrimination. In the award of subcontracts or in performance of this work, the Consultant
agrees that it will not engage in, nor permit such sub -consultants as it may employ, to engage in discrimination
in employment of persons on any basis prohibited by State or Federal law.
24. Accuracy of Specifications. The specifications for this project are believed by the City to be accurate and to
contain no affirmative misrepresentation or any concealment of fact. Consultants are cautioned to undertake
an independent analysis of any test results in the specifications, as City does not guaranty the accuracy of its
interpretation of test results contained in the specifications package. In preparing its proposal, the Consultant
and all sub -consultants named in its proposal shall bear sole responsibility for proposal preparation errors
resulting from any misstatements or omissions in the specifications that could easily have been ascertained by
examining either the project site or accurate test data in the City's possession. Although the effect of ambiguities
or defects in the specifications will be as determined by law, any patent ambiguity or defect shall give rise to a
duty of Consultant to inquire prior to proposal submittal. Failure to so inquire shall cause any such ambiguity or
defect to be construed against the Consultant. An ambiguity or defect shall be considered patent if it is of such
a nature that the Consultant, assuming reasonable skill, ability and diligence on its part, knew or should have
known of the existence of the ambiguity or defect. Furthermore, failure of the Consultant or sub -consultants to
notify City in writing of specification defects or ambiguities prior to proposal submittal shall waive any right to
assert said defects or ambiguities subsequent to submittal of the proposal.
To the extent that these specifications constitute performance specifications, the City shall not be liable for
costs incurred by the successful Consultant to achieve the project's objective or standard beyond the amounts
provided therefor in the proposal.
In the event that, after awarding the contract, any dispute arises as a result of any actual or alleged ambiguity
or defect in the specifications, or any other matter whatsoever, Consultant shall immediately notify the City in
writing, and the Consultant and all sub -consultants shall continue to perform, irrespective of whether or not the
ambiguity or defect is major, material, minor or trivial, and irrespective of whether or not a change order, time
extension, or additional compensation has been granted by City. Failure to provide the hereinbefore described
written notice within one (1) working day of Consultant's becoming aware of the facts giving rise to the dispute
shall constitute a waiver of the right to assert the causative role of the defect or ambiguity in the plans or
specifications concerning the dispute.
25. Indemnification for Professional Liability. To the fullest extent permitted by law, the Consultant shall
indemnify, protect, defend and hold harmless the City and any and all of its officials, employees and
agents ("Indemnified Parties") from and against any and all losses, liabilities, damages, costs and
expenses, including attorney's fees and cost which arise out of, pertain to, or relate to the negligence,
recklessness, or willful misconduct of the Consultant.
26. Non -Exclusive Contract. The City reserves the right to contract for the services listed in this proposal from
other consultants during the contract term.
27. Standards. Documents shall conform to City Standards and City furnished templates shall be used.
28. Consultant Endorsement. Technical reports, plans and specifications shall be stamped and signed by the
Consultant where required.
600 Tank Farm Road EIR Request for Proposals Packet Pa ae �f 24
Item 8
29. Required Deliverable Products and Revisions. The Consultant will be required to provide documents
addressing all elements of the EIR work scope, as mutually agreed upon under a contract to be negotiated
between the Consultant and City following consultant selection.
30. Ownership of Materials. Upon completion of all work under this contract, ownership and title to all reports,
documents, plans, specifications, and estimates produced as part of this contract will automatically be vested
in the city and no further agreement will be necessary to transfer ownership to the City. The Consultant shall
furnish the City all necessary copies of data needed to complete the review and approval process.
The Consultant is not liable for claims, liabilities, or losses arising out of, or connected with the modification, or
misuse by the City of the machine-readable information and data provided by the Consultant under this
agreement. Further, the Consultant is not liable for claims, liabilities, or losses arising out of, or connected with
any use by City of the project documentation on other projects, except such use as may be authorized in writing
by the Consultant.
31. Release of Reports and Information. Any reports, information, data, or other material given to, prepared by
or assembled by the Consultant as part of the work or services under these specifications shall be the property
of City and shall not be made available to any individual or organization by the Consultant without the prior
written approval of the City.
The Consultant shall not issue any news release or public relations item of any nature, whatsoever, regarding
work performed or to be performed under this contract without prior review of the contents thereof by the City
and receipt of the City's written permission.
32. Copies of Reports and Information. If the City requests additional copies of reports, drawings, specifications,
or any other material in addition to what the Consultant is required to furnish in limited quantities as part of the
work or services under these specifications, the Consultant shall provide such additional copies as are
requested, and City shall compensate the Consultant for the costs of duplicating of such copies at the
Consultant's direct expense.
33. Attendance at Meetings And Hearings. Consultant shall attend as many "working" meetings with staff as
necessary to accomplish the work scope tasks. Consultant shall attend workshops with the public, and City
commission, committee or Council meetings as identified in the approved work scope.
34. Permit and Filing Fees. The Consultant shall procure all permits, and licenses, pay all charges and fees and
file all notices necessary as they pertain to the completion of the Consultant's work. The City will pay all
application fees for permits required for the completion of the project work. The City requires a 10-day notice to
issue a check.
35. Project Proposal Submittal. Upon City request, the Consultant shall submit a proposed work scope,
compensation and schedule within 10 working days. The cost proposal shall include all costs including
miscellaneous direct cost items.
36. Consultant Invoices. The Consultant shall deliver a monthly invoice to the City, itemized by project work
phase or, in the case of on -call contracts, by project title. Invoice must include a breakdown of hours billed and
miscellaneous charges and any sub -consultant invoices, similarly broken down, as supporting detail.
37. Payment. For providing services as specified in this Agreement, City will pay and Consultant shall receive
therefore compensation in a total sum not to exceed the agreed upon project fee. Should the Consultant's work
products contain errors or deficiencies, the Consultant shall be required to correct them at no increase in cost
to the City.
The Consultant shall be reimbursed for hours worked at agreed -upon hourly rates. Hourly rates include direct
salary costs, employee benefits, overhead and fee. In addition, the Consultant shall be reimbursed for direct
costs other than salary and vehicle cost that have been identified and are attached to this agreement. The
600 Tank Farm Road EIR Request for Proposals Packet Pa ae . 24
Item 8
Consultant's personnel shall be reimbursed for per diem expenses at a rate not to exceed that currently
authorized for State employees under State Department of Personnel Administration rules.
38. Payment Terms. The City's payment terms are 30 days from the receipt and approval of an original invoice
and acceptance by the City of the materials, supplies, equipment or services provided by the Consultant (Net
30).
39. Resolution of Disputes. Any dispute, other than audit, concerning a question of fact arising under this contract
that is not disposed of by agreement shall be decided by a committee consisting of the City's Project Manager
and the City Director of Public Works, who may consider written or verbal information submitted by the
Consultant. Not later than thirty days after completion of all deliverables necessary to complete the plans,
specifications and estimate, the Consultant may request review by the City Council of unresolved claims or
disputes, other than audit, in accordance with Chapter 1.20 Appeals Procedure of the Municipal Code.
Any dispute concerning a question of fact arising under an audit of this contract that is not disposed of by
agreement, shall be reviewed by the City's Chief Fiscal Officer. Not later than 30 days after issuance of the final
audit report, the Consultant may request a review by the City's Chief Fiscal Officer of unresolved audit issues.
The request for review must be submitted in writing.
Neither the pendency of a dispute, nor its consideration by the City will excuse the consultant from full and
timely performance in accordance with the terms of this contract.
40. Agreement Parties.
City: Michael Codron Consultant:
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401
All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or
certified mail addressed as shown above.
41. Incorporation by Reference. The City Request for Proposal Specification # 91343 and Consultant's proposal
are hereby incorporated in and made a part of this Agreement.
42. Amendments. Any amendment, modification or variation from the terms of this Agreement shall be in writing
and shall be effective only upon approval by the Community Development Director.
43. Working Out of Scope. If, at any time during the project, the consultant is directed to do work by persons
other than the City Project Manager and the Consultant believes that the work is outside of the scope of the
original contract, the Consultant shall inform the Project Manager immediately. If the Project Manager and
Consultant both agree that the work is outside of the project scope and is necessary to the successful
completion of the project, then a fee will be established for such work based on Consultant's hourly billing rates
or a lump sum price agreed upon between the City and the Consultant. Any extra work performed by Consultant
without prior written approval from the City Project Manager shall be at Consultant's own expense.
44. Complete Agreement. This written agreement, including all writings specifically incorporated herein by
reference, shall constitute the complete agreement between the parties hereto. No oral agreement,
understanding or representation not reduced to writing and specifically incorporated herein shall be of any force
or effect, nor shall any such oral agreement, understanding or representation be binding upon the parties hereto.
For and in consideration of the payments and agreements hereinbefore mentioned to be made and performed
by City, Consultant agrees with City to do everything required by this Agreement, the said specification and
incorporated documents.
600 Tank Farm Road EIR Request for Proposals Packet Pa ae 67,ff 24
Item 8
Authority to Execute Agreement. Both City and Consultant do covenant that each individual executing this
agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such
party.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first
above written.
CITY OF SAN LUIS OBISPO:
Derek Johnson, City Manager
APPROVED AS TO FORM:
Christine Dietrick, City Attorney
CONSULTANT:
By:
600 Tank Farm Road EIR Request for Proposals Packet Pa ae f 24
Item 8
This page intentionally left blank.
600 Tank Farm Road EIR Request for Proposals Packet Pa ae 69-pf 24
Item 8
Section E
PROPOSAL SUBMITTAL FORMS
ACKNOWLEDGEMENT
The undersigned declares that she or he:
■ Has carefully examined the Proposal Specification
■ Is thoroughly familiar with its content
■ Is authorized to represent the proposing firm; and
■ Agrees to perform the work as set forth in the specification and this proposal.
Firm Name and Address:
Contact Name:
Email: Fax: Phone:
Signature of Authorized Representative: Date:
INSURANCE CERTIFICATE
Insurance Company's A.M. Best Rating
❑ Certificate of insurance attached
600 Tank Farm Road EIR Request for Proposals Packet Pa ae �p�f 24
Item 8
STATEMENT OF PAST CONTRACT DISQUALIFICATIONS
The Consultant shall state whether it or any of its officers or employees who have a proprietary interest in it, has
ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local
government project because of the violation of law, a safety regulation, or for any other reason, including but not
limited to financial difficulties, project delays, or disputes regarding work or product quality, and if so to explain the
circumstances.
Do you have any disqualification as described in the above paragraph to declare? ❑ Yes ❑ No
If yes, explain the circumstances.
Executed on at
perjury of the laws of the State of California, that the foregoing is true and correct.
Signature of Authorized Consultant Representative
under penalty of
600 Tank Farm Road EIR Request for Proposals Packet Pa ae 21rJof 24
Item 8
REFERENCES
Number of years engaged in providing the services included within the scope of the specifications under the
present business name:
Describe fully the last three contracts performed by your firm that demonstrate your ability to provide the services
included with the scope of the specifications. Attach additional pages if required. The City reserves the right to
contact each of the references listed for additional information regarding your firm's qualifications.
Reference No. 1
Customer Name
Contact Individual
Telephone & Email
Street Address
City, State, Zip Code
Date of Services
Contract Amount
Description of Services
Project Outcome
Reference No. 2
Customer Name
Contact Individual
Telephone & Email
Street Address
City, State, Zip Code
600 Tank Farm Road EIR Request for Proposals Packet Pa ae 226 f 21
Item 8
Date of Services
Contract Amount
Description of Services
Project Outcome
Reference No. 3
Customer Name
Contact Individual
Telephone & Email
Street Address
City, State, Zip Code
Date of Services
Contract Amount
Description of Services
Project Outcome
600 Tank Farm Road EIR Request for Proposals Packet Pa ae ,f 24
Item 8
Section F
INSURANCE REQUIREMENTS: Consultant Services
The Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of the work hereunder
by the Consultant, its agents, representatives, employees or sub -consultants.
Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 20 10 Prior to 1993 or
CG 20 10 07 04 with CG 20 37 10 01 or the exact equivalent as determined by the City).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
4. Errors and Omissions Liability insurance as appropriate to the consultant's profession.
Minimum Limits of Insurance. Consultant shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. li
Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate
limit shall apply separately to this project/location or the general aggregate limit shall be twice the required
occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
4. Errors and Omissions Liability: $1,000,000 per occurrence.
Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared to and
approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self -
insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall
procure a bond guaranteeing payment of losses and related investigations, claim administration and defense
expenses.
Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed
to contain, the following provisions:
1. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects:
liability arising out of activities performed by or on behalf of the Consultant; products and completed operations
of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired
or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection
afforded to the City, its officers, official, employees, agents or volunteers.
2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as
respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance
maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Consultant's
insurance and shall not contribute with it.
3. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is
brought, except with respect to the limits of the insurer's liability.
4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended,
voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice
by certified mail, return receipt requested, has been given to the City. The Consultant agrees to notify the City
in the event that the policy is suspended, voided or reduced in coverage or limits. A minimum of 30 days prior
written notice by certified mail, return receipt requested, will be provided.
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than
A:VII.
Verification of Coverage. Consultant shall furnish the City with a certificate of insurance showing maintenance of
the required insurance coverage. Original endorsements effecting general liability and automobile liability coverage
required by this clause must also be provided. The endorsements are to be signed by a person authorized by that
insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work
commences.
600 Tank Farm Road EIR Request for Proposals Packet Pa ae 64
f 24
7/20/2021
600 Tank. . •
Initiation of a project to rezone a property from BP-SP to C-S-SP to allow for a mixed -use
development project consisting of 280 residential units and 15,000 square feet of
commercial space and authorization of an RFP for preparation of an EIR.
April 21, 2020
Applicant., Covelop, LLC
7/20/2021
Proposed Project I I Recommendation
1) Proceed the processing of the Project through the entitlement
process; and
2) Authorize the issuance of a Request for Proposals (RFP) for the
preparation of an Environmental Impact Report (EIR) for the
Project and related entitlements; and
3) Authorize the City Manager to enter into a consultant services
agreement with the consultant that best responds to the RFP in
terms of qualifications, cost, and approach, that is funded
(consultant and staff costs) solely by the Applicant.
4 F�Pl
•
rp
1-4
e:
fl
`C
77
T RA
W=
Covelop, Inc.
...Close to shopping and jobs.
Near enough to Mindbody,
South Broad/Morabito
Business Park, Sacramento
Drive Business Park, and SLO
County airport to walk or bike.
Marigold Shopping Center in
walking distance. An "infill"
location.
...city needs 250 acres of
vacant BP, M and CS land
to meet future employment
needs. Developing this site
as mixed use residential will
leave 320 acres, an 80-acre
surplus.
1. While the production of housing has accelerated in recent
years, there is still a need for projects that are smaller, more
compact, close to existing services and affordable by design.
2. This project has a lower overall average unit size, in both the
for -sale and for -rent categories. Average unit size for the for -
sale townhomes 1,100 SF with sizes ranging from 450 SF to
1,450 SF.
3. Average unit size across the entire project is 933 SF,
substantially lower than other recent projects.
4. Project results in 20+ deed -restricted mixed -use in
cooperation with a local non-profit housing provider, far
above the City requirement.
5. Project makes the Santa Fe/Tank Farm roundabout and
connector feasible to install by private developer (with fee
reimbursements). Current BP zoning does not without the
City taking the financial lead.
6. Project is compatible with the proposed update to the
Airport Land Use Plan.
7. Project provides a buyer's preference for workers in the
immediate vicinity.
...the project has an average
unit size and price point that
are well below other projects
that are currently being
marketed in the community.
Smaller size results in lower
prices and greater attain-
ability.
�i,zw,000Of
6 s>sa
a
Home Size d Price Range xsling Projects PI $2W,
Home six; (SgUare Feet)
—Camp 1 Camp 5 Camp b -t Comp 3
-- t Comp 8 Comp 10 f600 Tank Farm (Townhome) y -600 Tank Farm (Stacked Flat)
Camp 2 —Comp 4 Comp 11 Comp 7
Comp 9
aoo
...Project delivers the Santa Fe/
Tank Farm roundabout, with
connections to Chevron and
Damon Garcia properties. New
"Class IV bike lanes surround
the site, and the project
connects Tank Farm bike paths
to Damon Garcia Sports Park.
Without the project, these
improvements would have to
be Installed by the City, or
substantially later by a large
project.
r WWJ
R
...Land use policy in the southeast area
of the city has been heavily influenced
by the County Airport Land Use Plan.
The subject parcel has been designated
for many years as Business Park
because of ALUP policies. The update to
the ALUP, to be adopted in August 2020,
considers residential development on
the site to be fully compatible with
airport safety and noise restrictions.
- ?one 1 ! Runway Proterfion Zone
- Zane 2: loner Approo,VD.parture Zone
Zana S Inner Turning Zone
Zone 4: Outer ApproachiDepartum Zone
RO] EC Zone 5: Sideline Zone
Zone 6: Traffic Panem Zone
AIRPORT SAI-E I v q' �
x ZONES - `
l j
Legend
Safety Zones
L
a •-
_ zone 1: Runway Na*aticn Zone
zoos 2: InnerlWPrneGVOeparYure Zane
1
-
-
Zone 3: Inner Touring Zone
s
Zane 4: Ooler.Approaahl0eparture Zone
Zane S: sideline Zone
Zone 6- T,.W. P.M. Zane
.,:;.
-}
PR Cl " rr
}7
Noise Contours {RJ Service Only Scenari
r
'
CNEL 60
y i
AIRPORT
cNELfiS
#''
:�•.�,4� NOISE ZONES
.�
CN EL 70
CNEL 75
1. Creative partnership with local non-profit housing
developer for commercial mixed -use area.
1. Car sharing and other shared mobility strategies.
2. New "Class IV" bike lanes for safety.
...Making a good project
3. Enhanced noise mitigation.
better, the Project integrates
some of the most progressive
4. Buyer's preference program for workers in the
features to address community
needs, affordability, and active
immediate vicinity to reduce VMT and encourage
transportation.
active transportation modes.
1. Revise list of applicant supplied technical studies to
include biology/wetland study; cultural resources
study; traffic and VMT study; geotechnical and
Phase 1 studies; noise study; and applicable airport
compatibility studies. Consultant to peer review for
adequacy.
2. "Time is of the essence." Add statement to rating
criteria that "time is of the essence and proposals
will be rated accordingly."
3. Draft EIR distribution seems unclear; ALUC only
requests the Draft EIR, not the Final EIR. Provide
Draft EIR public review in 45-day period.