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Home My WebLink AboutItem 6l. RFP for the Margarita Specific Plan Amendment for additional housing options Item 6l Department: Community Development Cost Center: 4008 For Agenda of: 4/2/2024 Placement: Consent Estimated Time: N/A FROM: Timmi Tway, Community Development Director Prepared By: Rachel Cohen, Senior Planner SUBJECT: AUTHORIZATION TO ISSUE A REQUEST FOR PROPOSALS FOR THE MARGARITA AREA SPECIFIC PLAN AMENDMENT RECOMMENDATION 1. Authorize the issuance of a Request for Proposals (RFP) for the Margarita Area Specific Plan Amendment; and 2. Authorize the City Manager to enter into a multi -year consultant services agreement if proposals are received within the available budget of $300,000. POLICY CONTEXT The activity to consider outside consultant services to amend the Margarita Area Specific Plan is currently identified in the 2023-25 Financial Plan, the related Housing and Homelessness Major City Goal work plan, and Municipal Code Section 3.24.070. DISCUSSION Background The Margarita Area Specific Plan (MASP) was adopted in 2004 to support the General Plan’s goal for a compact urban form and to provide permanent open space and a mix of housing with supporting services and infrastructure. The MASP was envisioned on properties in the vicinity of the San Luis Obispo County Regional Airport, and any proposed development was subject to the 2002 Airport Land Use Plan (ALUP). The ALUP identified safety subareas that limited residential and non-residential density based on potential aviation hazards. Certain portions of the MASP were within these safety subareas that prohibited or significantly limited residential and non -residential development and required a close look at land use and density considerations to assure that new development would be compatible with the 2002 ALUP . The council adopted a financial plan that included $300,000 in funding to support a specific plan amendment as part of the 2023 – 25 financial plan. Page 359 of 596 Item 6l MASP Current Residential Density Based on the 2002 ALUP safety subareas (Attachment B), residential development within the MASP was limited to a total of 868 residential units on 142.6 acres of land. This results in a density of approximately 6 residential units per acre. As a comparison, the City’s R- 1 zone (low-density residential) allows 7 units per acre. Under the 2002 ALUP, properties zoned R-3 or R-4 were limited to 9.1 acres and 0.8 acres respectively (9.9 acres total), which reduced the overall density of housing within the MASP. Approximately 60 acres of land was designated as R-1 or R-2 zoning. 2021 Airport Land Use Plan Amendments In 2021, the County of San Luis Obispo amended the 2002 ALUP. The size and shape of the safety subareas around the airport were adjusted by reviewing specific safety data and applicable state and federal standards and now several areas of the MASP are either available for residential development (where not allowed before) or available for higher density residential development. Based on the revised ALUP safety areas and the City’s Major City Goal for Housing, there is an opportunity to increase the number of housing units within the MASP. MASP Amendment Opportunity and the FY 23-25 Financial Plan As part of the FY 23-25 Financial Plan (MCG Task 3.1.b), Council identified the opportunity to initiate amendments and an update to the MASP that would increase density on existing residentially zoned land and consider allowing mixed -use development on commercially zoned land consistent with the City’s Housing and Homelessness Major City Goal. To initiate and complete the proposed amendments to the MASP, staff will need consultant assistance and expertise. The project is budgeted for $100,000 for FY 23-24 and $200,000 for FY 24-25. This RFP is requesting to utilize the $100,000 from FY 23-24 and include the future budgeted funds of $200,000 for FY 24-25 in a multi-year contract so that a consultant can be hired and complete the scope of work envisioned in the MCG Task. Page 360 of 596 Item 6l Anticipated Scope of Work The RFP is seeking a consultant to complete an amendment and update to the MASP . As outlined in the draft RFP (Attachment C), work would begin in June and is anticipated to be completed by the beginning of 2026. Below is an outline of the scope of work to accomplish this task.  Review and recommend parcels to rezone to increase density on existing residentially zoned land (for example, changing currently zoned land from R -2 to R-3 or R-41).  Explore and consider opportunities to support the development of Missing Middle Housing design types.  Rezone Business Park (BP) zoned parcels to Service Commercial (C -S) zoning and evaluate opportunities and propose criteria to allow mixed-use development consistent with the updated ALUP.  Conduct a resource analysis of available water, sewer capacity, emergency services, etc. for proposed changes in land uses / zoning.  Conduct a fiscal analysis including but not limited to market conditions, development assumptions, and general fund fiscal impacts in order to inform the proposed mixed-use on rezoned C-S parcels in the MASP.  Update the applicable capital improvement program and fee program commensurate with any changes in densities and uses. It should also be noted that specific plan preparation fees are eligible for reimbursement pursuant to California Government Code 65456.2  Conduct the appropriate environmental review as required per the California Environmental Quality Act (CEQA) for the proposed amendments. 1 R-2 zoning allows 12 density units (d.u.) per acre, R-3 allows 20 d.u. per acre, and R-4 allows 24 d.u. per acre. Zoning Regulations Section 17.70.040(A)(1) outlines the density of residential units as follows: a. Studio and one-bedroom dwellings less than 600 square feet = 0.50 unit; b. One-bedroom dwellings between 601 and 1,000 square feet = 0.66 unit; c. Two-bedroom dwelling = 1.00 unit; d. Three-bedroom dwelling = 1.50 units; e. Dwelling with four or more bedrooms = 2.00 units. 2 Section 65456 – Specific plan fee a) The legislative body, after adopting a specific plan, may impose a specific plan fee upon persons seeking governmental approvals which are required to be consistent with the specific plan. The fees shall be established so that, in the aggregate, they defray but as estimated do not exceed, the cost of preparation, adoption, and administration of the specific plan, including costs incurred pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code. As nearly as can be estimated, the fee charged shall be a prorated amount in accordance with the applicant’s relative benefit derived from the specific plan. It is the intent of the Legislature in providing for such fees to charge persons who benefit from specific plans for the costs of dev eloping those specific plans which result in savings to them by reducing the cost of documenting environmental consequences and advocating changed land uses which may be authorized pursuant to the specific plan. Page 361 of 596 Item 6l Next Steps If approved, the RFP will be published on the City’s website and distributed to qualified consultants. After the submission date has closed, staff will review the proposals received and interview consultants. A multi-year contract award will occur as soon as a consultant is selected if the Council approves the ability to utilize the $100,000 budgeted for FY 23 - 24 and the $200,000 for FY 24-25. Previous Council Action City Council adopted the City’s Major City Goal of “Housing and Homelessness” for the 2023-25 financial plan. Public Engagement Staff will notice the RFP release in alignment with proper procedures for public bidding as mandated in the Municipal Code. Staff will also circulate the notice to interested parties and post on BidSync. CONCURRENCE The Finance Department reviewed and provided input on the draft RFP. ENVIRONMENTAL REVIEW The California Environmental Quality Act does not apply to the recommended action in this report, because the action does not constitute a “Project” under CEQA Guidelines Sec. 15378. FISCAL IMPACT Budgeted: Yes Budget Years: 2023-2025 Funding Identified: Yes Fiscal Analysis: Funding Sources Current FY24 Budget / Cost FY25 Budget / Cost Total Project Cost General Fund 101.4003.61013 $100,000 $200,000 23-25 SOBC- MCG Task 3.1b General Fund One-time allocation Total $100,000 $200,000 $300,000 The activity to consider a multi-year consultant services agreement to amend the Margarita Area Specific Plan was approved as a Significant Operating Budget Change (SOBC) in the 2023-2025 Financial Plan, and $100,000 has been appropriated by Council in FY 2023-24 and an additional $200,000 is programmed for FY 2024 -25. (Attachment D) from: Operating Budget Table A-45. The RFP will have a “not to exceed” amount of $300,000, consistent with the amount budgeted for this effort in the General Fund in the 2023 -2025 Financial Plan. Page 362 of 596 Item 6l ALTERNATIVES 1. Provide different directions to staff. The City Council can provide additional or different direction to staff regarding the scope of work, based on the identified issues and considerations, and continue authorization of the RFP. 2. Continue this item. Continue the discussion regarding the authorization of the RFP and provide staff direction on additional needed or necessary changes. 3. Do Not Approve. Do not approve authorizing a Request for Proposal (RFP) to amend the Margarita Area Specific Plan. This is not recommended as this is a Major City Goal. ATTACHMENTS A - MASP zoning map with the updated 2021 ALUP safety zones B - MASP zoning map with 2002 ALUP Safety Zones C - Draft Request for Proposals D - 2023-25 Financial Plan Operating Budget pg. 170 Page 363 of 596 Page 364 of 596 !!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!! !!!!!!!!!!!!!!! !!!!!!!!!!!!!!! !!!!!!!!!!!!!!! !!!!!!!!!!!!!!! !!!!!!!!!!!!!!! !!!!!!!!!!!!!!! !!!!!!!!!!!!!!! !!!!!!!!!!!!!!! !!!!!!!!!!!!!!! !!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!! 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!!!!!! !!!!!! !!!!!!business park - outdoor use only !!!!!!!! !!!!!!!! !!!!!!!! !!!!!!!!Greenspace Greenway High Density Residential Low Density Residential Medium Density Residential ##### ##### #####Medium Density Residential SF Medium High Density & Minor Commercial Neighborhood Commercial #### ####Neighborhood Commercial SF Open Space Open Space - Hills Open Space - Riparian rs rs rs rsrsrsrsrs Neighborhood Park Streets Y Y Y Y Y Y Y YSports Fields Special Use street_medians . trails Ac a c i a Cre e k 1:8,500 Old ALUP Zones Safety Area S-1a Safety Area S-1b Safety Area S-1c Safety Area S-2 Page 367 of 596 Page 368 of 596 The City of San Luis Obispo is committed to including disabled persons in all of our services, programs and activities. Telecommunications Device for the Deaf (805) 781-7410. Notice Requesting Proposals / Qualifications for Amendments to the Margarita Area Specific Plan The City of San Luis Obispo is requesting sealed proposals for Amendments to the Margarita Specific Plan. All firms interested in receiving further correspondence regarding this Request for Proposals (RFP) will be required to complete a free registration using BidSync (https://www.bidsync.com/bidsync-app- web/vendor/register/Login.xhtml). All proposals must be received via BidSync by the Department of Finance at or before 5:00 pm on May 6, 2024 when they will be opened electronically via BidSync on the proposal end date and time. The preferred method for bid submission is electronic via BidSync. However, if you wish to submit a paper copy, please submit it in a sealed envelope to the Department of Finance, City of San Luis Obispo, 990 Palm Street, San Luis Obispo, CA, 93401. Project packages and additional information may be obtained at the City’s BidSync website at www.BidSync.com. For any additional information or questions, please contact Rachel Cohen at (805) 602-0821 or via email at rcohen@slocity.org. For technical help with BidSync please contact BidSync tech support at 800-990-9339. Page 369 of 596 TABLE OF CONTENTS A. INTRODUCTION ......................................................................................................................................... 2 B. SCOPE OF WORK ....................................................................................................................................... 2 C. PROJECT SCHEDULE .................................................................................................................................. 3 D. PROJECT BUDGET ..................................................................................................................................... 4 E. GENERAL TERMS AND CONDITIONS ......................................................................................................... 4 F. SPECIAL TERMS AND CONDITIONS .................................................... ERROR! BOOKMARK NOT DEFINED. G. FORM OF AGREEMENT ........................................................................................................................... 16 H. INSURANCE REQUIREMENTS ............................................................ ERROR! BOOKMARK NOT DEFINED. I. PROPOSAL SUBMITTAL FORMS ................................................................................................................ 12 Page 370 of 596 -2- A. INTRODUCTION Background The Margarita Area Specific Plan (MASP) was adopted in 2004 to support the General Plan’s goal for compact urban form and provide permanent open space and a mix of housing with supporting services. The MASP was envisioned on properties in the vicinity of the San Luis Obispo County Regional Airport and any proposed development was subject to the 2002 San Luis Obispo County Regional Airport’s Airport Land Use Plan (ALUP). The ALUP identified safety subareas that limited residential and non-residential density based on potential aviation hazards. Most of the area that made up the MASP were within these safety subareas that required a close look at land use and density considerations to assure that development would be compatible with the 2002 ALUP. MASP Current Residential Density Based on the ALUP safety subareas, residential development within the MASP was limited to a total of 868 residential units on 142.6 acres of land. This comes out to approximately 6 residential units per acre. As a comparison, the City’s R-1 zone (low-density residential) allows 7 units per acre. Under the ALUP, properties zoned R-3 or R-4 were limited to 9.1 acres and 0.8 acres respectively (9.9 acres total) to reduce the overall housing density within the MASP. Approximately 60 acres of land was designated as R-1 or R- 2 zoning. 2021 Airport Land Use Plan Amendments In 2021 the County of San Luis Obispo amended the 2002 ALUP. The size and shape of the safety subareas around the airport changed in such a way that now several areas of the MASP are either available for residential development (where it wasn’t allowed before) or available for higher density residential development. Based on the revised ALUP safety subareas and the City’s Major City Goal for Housing, there is now an opportunity to increase the number of housing units within the MASP. MASP Amendment Opportunity As part of the City’s 2023-2025 Financial Plan, in light of the 2021 ALUP Amendments, staff identified the opportunity to initiate amendments and an update to the MASP that would increase density on existing residentially zoned land and consider allowing mixed-use development on commercially zoned land consistent with the City’s Housing and Homelessness Major City Goal. B. SCOPE OF WORK Prepare amendments and an update to the Margarita Area Specific Plan (MASP) by completing the following tasks: 1) Review and recommend which parcels to rezone within the MASP to increase density on existing residentially zoned land. For example, changing currently zoned land from R-2 to R-3 or R-4. 2) Explore and consider opportunities to support the development of Missing Middle Housing design types. 3) Review and evaluate rezoning the Business Park (BP) zoned parcels to Service Commercial (C-S) zoning opportunities and propose findings and criteria to allow mixed-use development consistent with the updated Airport Land Use Plan (ALUP). 4) Conduct a resource analysis of available water, sewer capacity, emergency services, etc. for proposed increased residential density and changes in land uses / zoning. Page 371 of 596 -3- 5) Conduct a fiscal analysis including but not limited to market conditions, development assumptions, and general fund fiscal impacts in order to inform the proposed mixed-use on rezoned C-S parcels in the MASP. 6) Conduct one public outreach meeting / event / activity to collect feedback on the proposed amendments. 7) Conduct the appropriate environmental review as required per the California Environmental Quality Act (CEQA) for the proposed amendments. Completion date: Early calendar year 2026 (see draft/preliminary schedule below). Presentations/Public Hearings: The consultant should be available for one hearing at the Planning Commission (PC) (for review and recommendation to Council) and one hearing for the City Council to consider final adoption of the Margarita Area Specific Plan Amendments. The consultant will be ready to present the recommended updates and answer questions from the PC, City Council and the public. There will also be periodic meetings either virtual or in person, with city staff to guide the updates as the project progresses. Deliverables: Products include administrative draft documents, public draft documents, versions ready for final PC and a final document that responds to PC and staff feedback for Council review Personnel: Rachel Cohen, Senior Planner, is the project lead and will be assisted by City staff. Ongoing contact and collaboration with Rachel to confirm direction and receive staff assistance is expected for the project's duration. C. PROJECT SCHEDULE Preliminary Schedule* Tasks April 8, 2024  RFP Sent to qualified consultants May 6, 2024  Consultant proposals due May 6 – June 14, 2024  Consultant selection and contract execution June 17, 2024  Kick-off meeting with staff team (may be virtual) June 2024 – November 2024  Conduct Fiscal and Resource analysis August 2024  Project Description confirmed September - October 2024  Issue NOP / Start Environmental Review October 2024 – January 2025  Draft opportunities and incentives to develop Missing Middle Housing design types and findings and criteria for Mixed-Use development in the C-S zone January 2025  City comments/edits on proposed incentives for Missing Middle Housing design and criteria for Mixed-Use development March – April 2025  Administrative Draft of Proposed MASP Amendments to City May – June 2025  City comments/edits on admin draft documents July 2025  Public Environmental Documents available for public review August – September 2025  Final Draft of Amendments Page 372 of 596 -4- October 2025  PC Review Public Hearing December 2025 – January 2026  Updated draft based on any needed updates from PC review and Response to Comments March – April 2026  City Council review for approval of the Amendments to the MASP *estimate/rough schedule only - schedule may be updated based on consultant recommended changes and additional detail included in the proposal including outreach, staff collaboration, etc. D. PROJECT BUDGET $300,000 has been allocated for this effort. E. GENERAL TERMS AND CONDITIONS PROPOSAL REQUIREMENTS 1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal (bidder) shall meet all the terms, and conditions of the Request for Proposals (RFP) project package. By virtue of its proposal submittal, the bidder 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 and accompanied by any other required submittals or supplemental materials. Proposal documents shall be submitted electronically via BidSync. However, if you can’t submit electronic please send your bid copy in a sealed envelope to the Department of Finance, City of San Luis Obispo, 990 Palm Street, San Luis Obispo, CA, 93401. To guard against premature opening, the proposal should be clearly labeled with the proposal title, project number, name of bidder, and date and time of proposal opening. No FAX 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 bidder’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 E. 4. Proposal Quotes and Unit Price Extension. The extension of unit prices for the quantities indicated and the lump sum prices quoted by the bidder must be entered in figures in the spaces provided on the Proposal Submittal Form(s). Any lump sum bid shall be stated in figures. The Proposal Submittal Form(s) must be totally completed. If the unit price and the total amount stated by any bidder for any item are not in agreement, the unit price alone will be considered as representing the bidder’s intention and the proposal total will be corrected to conform to the specified unit price. 5. Proposal Withdrawal and Opening. A bidder may withdraw its proposal, without prejudice prior to the time specified for the proposal opening, by submitting a written request to the Director of Finance for its withdrawal, in which event the proposal will be returned to the bidder unopened. Page 373 of 596 -5- No proposal received after the time specified or at any place other than that stated in the “Notice Inviting Bids/Requesting Proposals” will be considered. All proposals will be opened and declared publicly. Bidders or their representatives are invited to be present at the opening of the proposals. 6. Submittal of One Proposal Only. No individual or business entity of any kind shall be allowed to make or file, or to be interested as the primary submitter 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 bidder submitting a proposal, or who has quoted prices on materials to such bidder, is not thereby disqualified from submitting a sub-proposal or from quoting prices to other bidders submitting proposals. 7. 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. CONTRACT AWARD AND EXECUTION 8. Proposal Retention and Award. The City reserves the right to retain all 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 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. 9. Competency and Responsibility of Bidder. The City reserves full discretion to determine the competence and responsibility, professionally and/or financially, of bidders. Bidders will provide, in a timely manner, all information that the City deems necessary to make such a decision. 10. Contract Requirement. The bidder to whom award is made (Contractor) shall execute a written contract with the City within ten (10) calendar days after notice of the award. The contract shall be made in the form adopted by the City and incorporated in these specifications. CONTRACT PERFORMANCE 11. The City’s contract terms and conditions that Consultant will be expected to execute and be bound by are attached hereto as Exhibit A. Page 374 of 596 -6- F. SPECIAL TERMS AND CONDITIONS 1. Contract Award. Subject to the reservations set forth in Paragraph 9 of Section E (General Terms and Conditions) of these specifications, the contract will be awarded to the lowest responsible, responsive proposer. 2. Sales Tax Reimbursement. For sales occurring within the City of San Luis Obispo, the City receives sales tax revenues. Therefore, for bids from retail firms located in the City at the time of proposal closing for which sales tax is allocated to the City, 1% of the taxable amount of the bid will be deducted from the proposal by the City in calculating and determining the lowest responsible, responsive proposer. 3. Labor Actions. In the event that the successful proposer is experiencing a labor action at the time of contract award (or if its suppliers or subcontractors are experiencing such a labor action), the City reserves the right to declare said proposer is no longer the lowest responsible, responsive proposer and to accept the next acceptable low proposal from a proposer that is not experiencing a labo r action, and to declare it to be the lowest responsible, responsive proposer. 4. Failure to Accept Contract. The following will occur if the proposer to whom the award is made (Contractor) fails to enter into the contract: the award will be annulled; any bid security will be forfeited in accordance with the special terms and conditions if a proposer's bond or security is required; and an award may be made to the next lowest responsible, responsive proposer who shall fulfill every stipulation as if it were the party to whom the first award was made. 5. Contract Term. The supplies or services identified in this specification will be used by the City for upon contract execution until the project is completed and consistent with the signed Professional Services Agreement. The prices quoted for these items must be valid for the entire period indicated above unless otherwise conditioned by the proposer in its proposal. 6. Contract Extension. The term of the contract may be extended by mutual consent for an additional one-year, and annually thereafter, for a total of four years. 7. Supplemental Purchases Supplemental purchases may be made from the successful proposer during the contract term in addition to the items listed in the Detail Proposal Submittal Form. For these supplemental purchases, the proposer shall not offer prices to the City in excess of the amounts offered to other similar customers for the same item. If the proposer is willing to offer the City a standard discount on all supplemental purchases from its generally prevailing or published price structure during the contract term, this offer and the amount of discount on a percentage basis should be provided with the proposal submittal. Page 375 of 596 -7- 8. Contractor Invoices. The Contractor may deliver either a monthly invoice to the City with attached copies of detail invoices as supporting detail, or in one lump-sum upon completion. 9 Non-Exclusive Contract. The City reserves the right to purchase the items listed in the Detail Proposal Submittal Form, as well as any supplemental items, from other vendors during the contract term. 10. Unrestrictive Brand Names. Any manufacturer's names, trade names, brand names or catalog numbers used in the specifications are for the purpose of describing and establishing general quality levels. Such references are not intended to be restrictive. Proposals will be considered for any brand that meets or exceeds the quality of the specifications given for any item. In the event an alternate brand name is proposed, supplemental documentation shall be provided demonstrating that the alternate brand name meets or exceeds the requirements specified herein. The burden of proof as to the suitability of any proposed alternatives is upon the proposer, and the City shall be the sole judge in making this determination. 11. Delivery. Prices quoted for all supplies or equipment to be provided under the terms and conditions of this RFP package shall include delivery charges, to be delivered F.O.B. San Luis Obispo by the successful proposer and received by the City within 90 days after authorization to proceed by the City. 12. Start and Completion of Work. Work on this project shall begin immediately after contract execution and shall be completed within 90 calendar days thereafter, unless otherwise negotiated with City by mutual agreement. 13. Change in Work. The City reserves the right to change quantities of any item after contract award. If the total quantity of any changed item varies by 25% or less, there shall be no change in the agreed upon unit price for that item. Unit pricing for any quantity changes per item in excess of 25% shall be subject to negotiation with the Contractor. 14. Submittal of References. Each proposer shall submit a statement of qualifications and references on the form provided in the RFP package. 15. Statement of Contract Disqualifications. Each proposer shall submit a statement regarding any past governmental agency bidding or contract disqualifications on the form provided in the RFP package. Page 376 of 596 -8- PROPOSAL CONTENT 1. Proposal Content. Your proposal must include the following information: Submittal Forms a. Proposal submittal summary. b. Certificate of insurance. c. References from at least three firms for whom you have provided similar services. Qualifications d. Experience of your firm and those of sub-consultants in performing work and projects relevant to the Scope of Services outlined and described in the request. e. Resumes of the individuals who would be assigned to this project, including any sub- consultants, with their corollary experience highlighted and specific roles in this project clearly described. f. Standard hourly billing rates for the assigned staff, including any sub-consultants. g. Statement and explanation of any instances where your firm or sub-consultant has been removed from a project or disqualified from proposing on a project. Work Program h. Detailed description of your approach to completing the work. i. Detailed schedule by task and sub-task for completing the work. j. Estimated hours for your staff in performing each phase and task of the work, including sub-consultants, so we can clearly see who will be doing what work, and how much time it will take. k. Detailed budget by task and sub-task for completing the work. l. Services or data to be provided by the City. m. Services and deliverables provided by the Consultant(s). n. Any other information that would assist us in making this contract award decision. o. Description of assumptions critical to development of the response which may impact cost or scope. Requested Changes to Terms and Conditions p. The City desires to begin work soon after selecting the preferred Consultant and expects the Consultant to execute the City’s contract and all of the terms therein, as set forth in Exhibit A. To expedite the contracting process, each submittal shall include requested redlined changes to terms and conditions, if necessary. Please be advised that Consultant’s requested changes to the City’s terms and conditions will be considered by City staff when scoring and determining the competency and responsibility of the proposer. Proposal Length Page 377 of 596 -9- q. Proposal length should only be as long as required to be responsive to the RFP, including attachments and supplemental materials. 2. Proposal Evaluation and Selection. Proposals will be evaluated by a review committee and evaluated on the following criteria: a. Understanding of the work required by the City. b. Quality, clarity and responsiveness of the proposal. c. Demonstrated competence and professional qualifications necessary for successfully performing the work required by the City. d. Recent team experience in successfully performing similar services. e. Creativity of the proposed approach in completing the work. f. Value g. Writing skills. h. References. i. Background and experience of the specific individuals managing and assigned to this project. j. Information about how your company mitigates the environmental impact of its services, such as greenhouse gas emissions, amount of waste generated, water and energy use, or other areas related to your products and services. As reflected above, contract award will not be based solely on price, but on a combination of factors as determined to be in the best interest of the City. After evaluating the proposals and discussing them further with the finalists or the tentatively selected contractor, the City reserves the right to further negotiate the proposed work and/or method and amount of compensation. 3. Proposal Review and Award Schedule. The following is an outline of the anticipated schedule for proposal review and contract award: a. Issue RFP April 8, 2024 b. Receive proposals April 8 – May 6, 2024 c. Complete proposal evaluations May 7 – 31, 2024 d. Conduct finalist interviews and finalize recommendation June 3 – 7, 2024 e. Execute contract June 10 – 14, 2024 f. Start work June 17, 2024 4. Ownership of Materials. All original drawings, plan documents and other materials prepared by or in possession of the Consultant as part of the work or services under these specifications shall become the permanent property of the City and shall be delivered to the City upon demand. 5. 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 the City and shall not be made available to any individual or organization by the Consultant without the prior written approval of the City. 6. 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. Page 378 of 596 -10- 7. Required Deliverable Products. The Consultant will be required to provide: a. One electronic submission - digital-ready original .pdf of all final documents. If you wish to file a paper copy, please submit in sealed envelope to the address provided in the RFP. b. Corresponding computer files compatible with the following programs whenever possible unless otherwise directed by the project manager: Word Processing: MS Word Spreadsheets: MS Excel Desktop Publishing: InDesign Virtual Models: Sketch Up Digital Maps: Geodatabase shape files in State Plan Coordinate System as specified by City GIS staff c. City staff will review any documents or materials provided by the Consultant and, where necessary, the Consultant will be required to respond to staff comments and make such changes as deemed appropriate. ALTERNATIVE PROPOSALS 8. Alternative Proposals. The proposer may submit an alternative 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 alternative and discuss under what circumstances the City would prefer one alternative to the other(s). 9. Attendance at Meetings and Hearings. As part of the workscope and included in the contract price is attendance by the Consultant at up to two public meetings to present and discuss its findings and recommendations. The Consultant shall attend as many "working" meetings with staff as necessary in performing work-scope tasks. 10. 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. Bidders 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 bidder and all subcontractors named in its proposal shall bear sole responsibility for proposal preparation errors resulting from any misstatements or omissions in the plans and 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 plans and specifications will be as determined by law, any patent ambiguity or defect shall give rise to a duty of bidder to inquire prior to proposal submittal. Failure to so inquire shall cause any such ambiguity or defect to be construed against the bidder. An ambiguity or defect shall be considered patent if it is of such a nature that the bidder, 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 bidder or subcontractors to notify City in writing of specification or plan defects or ambiguities prior to proposal submittal shall waive any right to assert said defects or ambiguities subsequent to submittal of the proposal. Page 379 of 596 -11- To the extent that these specifications constitute performance specifications, the City shall not be liable for costs incurred by the successful bidder to achieve the project’s objective or standard beyond the amounts provided there for 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 plans and/or specifications, or any other matter whatsoever, Consultant shall immediately notify the City in writing, and the Consultant and all subconsultants 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. Page 380 of 596 -12- SECTION H: PROPOSAL SUBMITTAL FORM - SAMPLE The undersigned declares that they have carefully examined [__________] which is hereby made a part of this proposal; is thoroughly familiar with its contents; is authorized to represent the proposing firm; and agrees to perform the specified work for the following cost quoted in full: BID ITEM: Total Base Price Sales tax [] Other TOTAL $ Delivery of equipment to the City to be within _______ calendar days after contract execution and written authorization to proceed.  Certificate of insurance attached; insurance company’s A.M. Best rating: __________________. Firm Name and Address Contact Phone Signature of Authorized Representative Date E NOTES ON THIS SAMPLE FORM This is the City’s “basic” submittal form, and something like it should accompany all proposals, even if: a combined “description of work/detailed proposal submittal form” (like Sample E) is required; or price information is not requested (like Sample F). Page 381 of 596 -13- 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: Agency Name Contact Name Telephone & Email Street Address City, State, Zip Code Description of services provided including contract amount, when provided and project outcome Reference No. 2: Agency Name Contact Name Telephone & Email Street Address City, State, Zip Code Description of services provided including contract amount, when provided and project outcome Page 382 of 596 -14- Reference No. 3 Agency Name Contact Name Telephone & Email Street Address City, State, Zip Code Description of services provided including contract amount, when provided and project outcome Page 383 of 596 -15- STATEMENT OF PAST CONTRACT DISQUALIFICATIONS The proposer 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 _______________________________________ under penalty of perjury of the laws of the State of California, that the foregoing is true and correct. ______________________________________ Signature of Authorized Proposer Representative Page 384 of 596 -16- EXHIBIT A : FORM OF AGREEMENT CITY OF SAN LUIS OBISPO PROFESSIONAL SERVICES AGREEMENT This agreement (Agreement) is made and entered into in the City of San Luis Obispo on ____________, by and between the City of San Luis Obispo, a municipal corporation and charter city (City) and [FILL] hereinafter referred to as Consultant (collectively referred to as the “Parties”). WITNESSETH: WHEREAS, on [date], City requested proposals for [______________], per Project No. [xxxx] (the “Project”); and WHEREAS, the City wants to [generally describe the service we want performed] (the “Services”); and WHEREAS, Consultant is qualified to perform this type of Services and has submitted a written proposal to do so, which has been accepted by City; and 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 [date], or upon acceptance and completion of said Services, whichever occurs sooner. [If you plan to have an option to extend the agreement for some period after the term ends, insert that extension language here] 2. INCORPORATION BY REFERENCE. [Title of City’s RFP/RFQ/IFB] and Consultant's proposal dated [date] are hereby incorporated in and made a part of this Agreement, attached as Exhibit A. [If no RFP attach Contractor/Consultant Proposal As Exhibit A]. The City’s insurance requirements are hereby incorporated in and made part of this Agreement, attached as Exhibit B. [Check with the City’s Risk Manager as to the risk level of the Agreement and to verify Consultant has sufficient insurance coverage for that risk level BEFORE routing the Agreement to the Parties.] [If RFP; the Contractor/Consultant Proof of Insurance should be with their bid package and can be attached and incorporated by reference in Exhibit A. You can remove the insurance as Exhibit B]. If no RFP; then you must attach the insurance proof as Exhibit B] To the extent that there are any conflicts between the Consultant’s fees and scope of work and the City’s terms and conditions as stated herein, the City’s terms and conditions shall prevail unless specifically agreed otherwise in writing signed by both Parties. Page 385 of 596 -17- 3. CITY’S OBLIGATIONS. For providing services as specified in this Agreement, City will pay and Consultant shall receive therefor compensation of $xx,xxx. 4. CONSULTANT’S OBLIGATIONS. For and in consideration of the payments and agreements herein before mentioned to be made and performed by City, Consultant agrees with City to do everything required by this Agreement including that work as set forth in Exhibit A. 5. PAYMENT OF TAXES. The contract prices shall include full compensation for all taxes that Consultant is required to pay. 6. LICENSES AND PERMITS. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the Services described in this Agreement. The Consultant shall procure all permits and licenses, pay all charges and fees, and give all notices necessary under this Agreement. 7. COMPLIANCE WITH LAW. The Consultant shall keep itself informed of and shall observe and comply with all applicable State and Federal laws and regulations, and county and City of San Luis Obispo ordinances, regulations and adopted codes, which in any manner affect those employed by Consultant or in any way affect the performance of the Services pursuant to this Agreement. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section. Failure to comply with local ordinances may result in monetary fines and cancellation of this Agreement. 8. COMPLIANCE WITH INDUSTRY STANDARD. Consultant shall provide services acceptable to City in strict conformance with the Agreement. Consultant shall also provide in accordance with the standards customarily called for under this Agreement using the degree of care and skill ordinarily exercised by reputable providers of such services. Where approval by the City, the City Manager, the Mayor, or other representative of City is required, it is understood to be general approval only and does not relieve Consultant of responsibility for complying with all applicable laws, codes, policies, regulations, and good business practices. 9. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatsoever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing the Services hereunder for City. City shall not be liable Page 386 of 596 -18- for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 10. 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 Consultant’s operations, it shall be replaced or restored at Consultant’s expense. The City’s facilities shall be replaced or restored to a condition as good as when the Consultant began the work. 11. IMMIGRATION ACT OF 1986. The Consultant warrants on behalf of itself and all subconsultants engaged for the performance of the Services 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 Services hereunder. 12. NON-DISCRIMINATION. In the performance of the Services, the Consultant agrees that it will not engage in, nor permit such subconsultants as it may employ, to engage in discrimination in employment of persons because of age, race, color, sex, national origin or ancestry, sexual orientation, or religion of such persons. 13. WORK SCHEDULED/TIME OF COMPLETION. City and Consultant agree that time is of the essence in this Agreement. City and Consultant further agree that Consultant's failure to perform on or at the times set forth in this Agreement will damage and injure City, but the extent of such damage and injury is difficult or speculative to ascertain. Consequently, City and Consultant agree that any failure to perform by Consultant at or within the times set forth herein shall result in liquidated damages for each and every day such performance is late or delayed. City and Consultant agree that such sum is reasonable and fair. Furthermore, City and Consultant agree that this Agreement is subject to Government Code Section 53069.85 and that each party hereto is familiar with and understands the obligations of said Section of the Government Code. 14. PAYMENT TERMS. The City’s payment terms are 30 days from the receipt of an original invoice and acceptance by the City of the materials, supplies, equipment, or services provided by the Consultant (Net 30). Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Final June invoices shall be received no later than the 5th business day of July to meet City fiscal year-end deadlines. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of Consultant's fees it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. Any final payment under this Agreement shall be made within forty-five (45) days of receipt of an invoice, therefore. 15. INSPECTION. City shall at all times have the right to inspect the work being done under this Agreement and Consultant shall furnish City with every reasonable opportunity and assistance required for City to ascertain that the Services of the Consultant are being performed in accordance with the requirements and intentions of this Agreement. All work done, and all Page 387 of 596 -19- 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 under the Agreement. 16. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents, or subconsultants, shall not, without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents, or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request (“Discovery”), court order, or subpoena from any person or party regarding this Agreement, unless the City is a party to any lawsuit, arbitration, or administrative proceeding connected to such Discovery, or unless Consultant is prohibited by law from informing the City of such Discovery. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding as allowed by law. Unless City is a party to the lawsuit, arbitration, or administrative proceeding and is averse to Consultant in such proceeding, Consultant agrees to cooperate fully with City and to provide the opportunity to review any response to Discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 17. CONFLICTS OF INTEREST. Consultant covenants that neither they nor any officer or principal of their firm have any interest in, or shall acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of the Services hereunder. Consultant further covenants that in the performance of this Agreement, no person having such interest shall be employed by them as an officer, employee, agent, or subconsultant. Consultant further covenants that Consultant has not contracted with nor is performing any services, directly or indirectly, with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City or the study area and further covenants and agrees that Consultant and/or its subconsultants shall provide no service or enter into any agreement or agreements with a/any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City or the study area prior to the completion of the work under this Agreement. 18. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of the Services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide Page 388 of 596 -20- free access to the representatives of City or its designees at reasonable times to such books and records; shall give City the right to examine and audit said books and records; shall permit City to make transcripts or copies therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the Services under this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, at the Consultant's office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, copying and/or printing computer files. Consultant hereby grants to City all right, title, and interest, including any copyright, in and to the documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared by Consultant in the course of providing the Services under this Agreement. 19. INDEMNIFICATION AND DEFENSE. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), Consultant shall indemnify, defend, and hold harmless the City, and its elected officials, officers, employees, volunteers, and agents (“City Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Consultant’s performance or Consultant’s failure to perform its obligations under this Agreement or out of the operations conducted by Consultant, including the City’s passive negligence, except for such loss or damage arising from the sole or active negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant’s performance of this Agreement, the Consultant shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. 20. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least thirty (30) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. Page 389 of 596 -21- b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 14. 21. TERMINATION FOR CAUSE. If, during the term of the Agreement, the City determines 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 ten (10) calendar day notice of time thereafter in which to perform said work or cure the deficiency. a. If the Consultant has not performed the work or cured the deficiency within the ten (10) days specified in the notice, such shall constitute a breach of the Agreement and the City may terminate the Agreement immediately by written notice to the Consultant to said effect (“Notice of Termination”). Thereafter, neither party shall have any further duties, obligations, responsibilities, or rights under the Agreement except to comply with the obligations upon termination. b. 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 or services 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 scope. c. The City reserves the right to delay 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 not to exceed amount shown in this Agreement. 22. INSURANCE. Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit B attached to and made part of this Agreement. 23. BUSINESS LICENSE & TAX. The Consultant must have a valid City of San Luis Obispo business license & tax certificate before execution of the contract. Additional information regarding the City’s business tax program may be obtained by calling (805) 781-7134. 24. SAFETY PROVISIONS. The Consultant shall conform to the rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Page 390 of 596 -22- Safety. 25. PUBLIC AND EMPLOYEE SAFETY. Whenever the Consultant 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. 26. UNDUE INFLUENCE. Consultant declares and warrants that no undue influence or pressure was used against or in concert with any officer or employee of the City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City has or will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity. 27. 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. Because of the personal nature of the services to be rendered pursuant to this Agreement, only [Insert name], an employee of Consultant, shall perform the services described in this Agreement. [Insert name] may use assistants, under their direct supervision, to perform some of the services under this Agreement. Consultant shall provide City fourteen (14) days' notice prior to the departure of [Insert name] from Consultant's employ. Should [Insert name] leave Consultant's employ, the City shall have the option to immediately terminate this Agreement, within three (3) days of the close of notice of [Insert name]’s departure. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City and the Consultant. a. As required above, before retaining or contracting with any subconsultant for any services under this Agreement, City must consent to such assignment of performance in writing. For City to evaluate such proposed assignment, Consultant shall provide City with the identity of the proposed subconsultant, a copy of the proposed written contract between Consultant and such subconsultant, which shall include an indemnity provision similar to the one provided herein and identifying City as an indemnified party, or an incorporation of the indemnity provision provided herein, and proof that such proposed subconsultant carries insurance at least equal to that required by this Agreement or obtain a written waiver from City for such insurance. 28. AMENDMENT. Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the appropriate review Page 391 of 596 -23- authority according to the City’s Financial Management Manual. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized by the City in advance and in writing. 29. 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. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 30. NOTICE. All notices to the Parties hereto under this Agreement shall be in writing and shall be sent either by (i) personal service, (ii) delivery by a reputable document delivery service, such as, but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) United States Mail, certified, postage prepaid, return receipt requested. All such notices shall be delivered to the addressee or addressed as set forth below: To City: Community Development Department City of San Luis Obispo 919 Palm Street Attention: Rachel Cohen To Consultant: Name Mailing Address 31. GOVERNING LAW. Any action arising out of this Agreement shall be brought in the Superior Court of San Luis Obispo County, California, regardless of where else venue may lie. The validity, interpretation, construction and performance of this Agreement, and all acts and transactions pursuant hereto and the rights and obligations of the Parties hereto shall be governed, construed and interpreted in accordance with the laws of the State of California, without giving effect to principles of conflicts of law. 32. 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. Page 392 of 596 -24- CITY CONSULTANT _______________________________ By: [Name] Its: [Title of City Manager or Department Head] _______________________________ By: [Name] Its: [Title] APPROVED AS TO FORM: _______________________________ By: J. Christine Dietrick, City Attorney Page 393 of 596 -25- EXHIBIT A [Placeholder for RFP/RFQ/IFB and Consultant’s Proposal] Page 394 of 596 -26- EXHIBIT B INSURANCE REQUIREMENTS Consultants Without limiting Consultant’s indemnification of City, and prior to commencement of work, Consultant shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the types and amounts described below and in a form that is satisfactory to City. General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned, or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. Umbrella or excess liability insurance. [If required to meet higher limits]. Consultant may obtain and maintain an umbrella liability insurance policy with limits that will provide bodily injury, personal injury, and property damage liability coverage, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions: • A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason, other than bankruptcy or insolvency of said primary insurer; • “Pay on behalf of” wording as opposed to “reimbursement”; • Concurrency of effective dates with primary policies. Excess insurance. Should Consultant obtain and maintain an excess liability policy, such policy shall be excess over commercial general liability, automobile liability, and employer’s liability policies. Such policy or policies shall include wording that the excess liability policy follows the terms and conditions of the underlying policies. Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide the City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. If any of the Consultant’s insurers are unwilling to provide such notice, then Consultant shall have the Page 395 of 596 -27- responsibility of notifying the City immediately in the event of Consultant’s failure to renew any of the required insurance coverages or insurer’s cancellation or non-renewal. Additional insured status. General liability, automobile liability, and umbrella/excess liability insurance policies shall provide or be endorsed to provide that City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. Prohibition of undisclosed coverage limitations. None of the coverages required herein shall comply with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. Pass through clause. Consultant agrees to ensure that its subconsultants, subConsultants, and any other party who is brought onto or involved in the project/service by Consultant (hereinafter collectively “subConsultant”), provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. However, in the event Consultant’s subConsultant cannot comply with this requirement, which proof must be submitted to the City, Consultant shall be required to ensure that its subConsultant provide and maintain insurance coverage and endorsements sufficient to the specific risk of exposure involved with subConsultant’s scope of work and services, with limits less than required of the Consultant, but in all other terms consistent with the Consultant’s requirements under this agreement. This provision does not relieve the Consultant of its contractual obligations under the agreement and/or limit its liability to the amount of insurance coverage provided by its subConsultants. This provision is intended solely to provide Consultant with the ability to utilize a subConsultant who may be otherwise qualified to perform the work or services but may not carry the same insurance limits as required of the Consultant under this agreement given the limited scope of work or services provided by the subConsultant. Consultant agrees that upon request, all agreements with subConsultants, and others engaged in the project, will be submitted to City for review. City’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation. Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible, or require proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention through confirmation from the underwriter. Timely notice of claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise. Page 396 of 596 Operating Budget Community Development Table A-45: Operating Budget Changes SOBC Description Type 2023-24 2024-25 1 Below Market Rate Administrator (Consultant Services) Originally approved as one-time consultant funding in the 2021-23 Financial Plan, this consultant contract is necessary for the overall management and administration of the City’s inclusionary Housing Inventory, including ownership units, rentals, and financing. Over the past several years, the City’s inclusionary Housing Inventory has grown substantially. Staff does not have the necessary training, expertise, capacity, or resources to effectively accomplish the management and administration of this effort moving forward. In addition, having an Administrator serves DEI goals by ensuring that everyone in the region has equal access to affordable housing units available through the program. One-time $150,000 $150,000 2 Historic Resources Inventory* (MCG 1.4g) MCG Task 3.2.b - Initiate implementation of the consultant recommended phased approach to update the City's historic resources inventory. One-time $100,000 $150,000 3 Hotel Voucher Program - CAPSLO* (MCG 3.2a) MCG Task 3.2.a - Funding for a hotel voucher program that CAPSLO would offer unhoused individuals if they cannot offer a bed to ensure a bridge for temporary emergency shelter. One-time $25,000 $0 4 IT Project Management Services IT is hiring a project manager who will be trained and developed to support CDD and Energov projects, however, during the transition period CDD will continue to fund use of Tony Rice to perform as a contractor in this capacity as projects, such as e- review, are developed and move forward to implementation. (Potential for funding to be allocated from IT Surcharge on building permits.) One-time $104,000 $0 5 Margarita Area Specific Plan Update* MCG Task 3.1.b - Initiate an update to the Margarita Area Specific Plan to include more housing options of all types (affordable, multi-family, mixed-use) on undeveloped land, and work with property owners on a plan for the completion of the Prado Road extension to Broad Street. One-time $100,000 $200,000 6 Safe Parking (Location TBD)* (MCG 3.2d) MCG Task 3.2.d - Develop sustainable safe parking programs One-time $30,000 $0 )LQMQFLMO 3OMQ 3MJH Page 397 of 596 Operating Budget Community Development SOBC Description Type 2023-24 2024-25 7 Plan Review Policy Change (65% of revenue projection) CDD and Finance will be consolidating the Building Permit Plan Check and Development Services Designation Policies based on several years of experience operating with both policies in place. CDD is recommending that its budget and Development Services Revenue Forecast include the full cost of plan check services that are contracted out to consultants. This will enable the Building and Safety Division to better manage resources when assigning plan check work to staff and consultants. The Development Services Designation will go away, but if workload spikes, the policy would enable the Finance Director to BAR current revenue to CDD's budget to cover associated costs (consultants are under contract for plan check services at 65% of the fee collected by the City from applicants, ensuring 100% cost recovery for the City). Ongoing $0 $0 TOTAL $509,000 $500,000 )LQMQFLMO 3OMQ 3MJH Page 398 of 596