HomeMy WebLinkAbout09-04-2012 c5 request for proposal for consultant assistance to prepare a histroic context statementMeeting Date 09/04/201 2
Item Number C 5
counci l
agenba aepo12t
C I T Y O F S A N L U I S O B I S P O
FROM :
Derek Johnson, Community Development Directo r
Prepared By :Phil Dunsmore, Senior Planne r
SUBJECT :REQUEST FOR PROPOSAL FOR CONSULTANT ASSISTANCE T O
PREPARE A HISTORIC CONTEXT STATEMENT .
CAO RECOMMENDATION :
Approve the scope of work for consultant services to prepare a Historic Contex t
Statement and authorize staff to proceed with sending out Request for Proposal (RFP )
documents to qualified consulting firms .
B .
Authorize the City Manager to award the contract to a qualified consulting firm if th e
proposals are within the project budget of $22,500 .
DISCUSSIO N
Backgroun d
The City Council identified historic preservation activities as an "other important objective" a s
part of the 2011-2013 Financial Plan . On December 13, 2011, the Council endorsed the City's
application to become a Certified Local Government (CLG) and, as of March 22, 2012, the Cit y
was officially enrolled in the state's CLG program . In addition to the technical support from th e
state, a key benefit of the program is eligibility to apply for grants to assist with histori c
preservation activities . One of the first activities the Office of Historic Preservation (OHP )
recommends is preparation of a historic context statement because it provides context an d
criteria for historic surveys and resource nominations . On April 17, 2012, the Council authorized
City staff to apply for grant funds for the historic context statement through the CLG program.
On July 9, 2012, City staff was formally notified that the City has been selected to receive a
grant in the amount of $22,500 to prepare the historic context statement (Attachment 1).
Grants are awarded to CLGs on a competitive basis through a review process which consider s
the proposed scope of work, the plan to administer the project, the benefits of the propose d
project to the community, and the budget . Staff has refined the scope of work for the project in
collaboration with OHP and is now seeking the City Council's approval of the Request fo r
Proposals (RFP) (Attachment 2).
Historic Context Statemen t
The historic context statement will identify the important themes relevant to the history an d
development of the built environment of the City . The context statement will establish periods o f
historical significance for each of the important themes, identify important associated propert y
types with their character defining and associative features, and establish evaluation criteria an d
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Council Agenda Report –Historic Context Statement RFP September 4,201 2
Page 2
integrity thresholds sufficient to provide a framework for identifying and evaluating individua l
resources and historic districts for the National, California, and local registration programs .
Summary of Scope of Wor k
Working with staff and a subcommittee of the CHC, the selected consultant will be responsibl e
for drafting a complete historic context statement . This effort will include attending and assistin g
with workshops and public hearings and evaluating existing historic information to formulate th e
context .
Context development will be informed by a reconnaissance survey as well as review o f
previously conducted historic resource surveys . The work will identify existing and potentia l
historic districts and establish priorities for future survey work . The final work product will be a
historic context statement that will inform and be a companion to the City's existing Histori c
Preservation Program Guidelines ("Guidelines"). Amendments to the Guidelines to incorporat e
the historic context statement may be performed as a later work effort outside of the scope of th e
grant .
All work will need to be performed in accordance with Secretary of the Interior's Standards an d
the OHP's guidelines . OHP publishes a series of guides to assist with the preparation of a
historic context statement that are available on its websit e
(http ://ohp .parks .ca .gov/?page_id=23317). OHP also publishes numerous examples of histori c
context statements that have recently been prepared in other communities .
Schedule for Historic Context Statement Preparatio n
Upon the City Council's authorization to issue the RFP,it will be advertised and distributed t o
qualified consultants on September 5 th , with consultant proposals due back to the City on Octobe r
3 rd.Consultant interviews will be held during the week of October 8 th with consultant selection an d
contracting occurring shortly thereafter . OHP grant specifications require that the City award th e
consultant contract by October 31, 2012 so that work will commence at the outset of the grant wor k
period between October 30, 2012 and September 15, 2013 . All consultant work to be funded by th e
grant must occur within this timeframe .
The RFP specifies that the final draft of the historic context statement must be delivered to the Cit y
by July 31, 2013 . The final historic context statement will require review and approval by OHP
prior to the City Council adoption in October, 2013 .
CONCURRENCE S
Staff has consulted with the OHP and the Finance and Information Technology Department i n
the preparation of the RFP .
FISCAL IMPAC T
CLG grants require a 40% match by the City . The approved grant authorized the 40% match t o
be in the form of in-kind staff services . Work performed by staff, the CHC subcommittee and
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Council Agenda Report —Historic Context Statement RFP September 4, 201 2
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any designated project volunteers will function as the match, therefore no additional financing i s
required at this time .
ALTERNATIVE
Continue consideration of the workscope and RFP with direction to staff on necessar y
changes . Since the draft RFP has been reviewed and endorsed by OHP, any changes t o
the RFP will need to be reviewed by OHP . Given the grant timelines that require the Cit y
to hire a consultant by October 31, this item will need to return to the next availabl e
Council hearing for consideration (September 18).
ATTACHMENT S
1 :
Grant award lette r
2
Draft RFP approved by OH P
T :\Council Agenda Reports\2012\2012-09-04\Historic Contex Statement RFP (Johnson-Dunsmore)\RFP approval (CC Report).docx
Attachment 1
STATE OF CALIFORNIA THE NATURAL RESOURCES AGENC Y
OFFICE OF HISTORIC PRESERVATIO N
DEPARTMENT OF PARKS AND RECREATIO N
1725 23`'Street, Suite 100
SACRAMENTO, CA 95816-710 0
(916) 445-7000 Fox : (916)445-7053
caishpo@parks .ca .gov
www. ohp. parks .ca,gav
July 9, 201 2
Phil Dunsmore
Senior Planne r
City of San Luis Obispo.
919 Palm Street
San Luis Obispo, CA 9340 1
Dear Mr. Dunsmore :
It is my pleasure to inform you that the Office of Historic Preservation (OHP) ha s
selected the City of San Luis Obispo to receive a 2012-2013 Certified Loca l
Government Grant in the amount of $22,500 to prepare a comprehensive citywid e
historic context that includes all phases of the city's development from th e
Spanish/Mission era through Mid-Century development .
A minimum of ten percent of California's yearly allocation of federal funds receive d
through the Historic Preservation Fund Grants Program must be sub granted to certified
local governments ; this year's allocation was $1,494,229 . As you know, the OH P
awards HPF monies to CLGs through a competitive process . This year the OH P
received 12 grant applications requesting $254,148 and has selected ten loca l
governments to receive grants totaling $182,500 .
On or before August 1, 2012, you will receive a project agreement (contract) from OH P
for your review and signature stipulating the project scope, due dates for budget an d
progress reports,and the final products to be delivered . The signed contract must b e
returned by September 14, 2012 . Please be aware that all expenses for work to b e
performed must be incurred within the grant period of October 1, 2012 throug h
September 30, 2013 .
We look forward to working with you to accomplish the goals of this worthwhile project .
Should you have any questions, please contact Marie Nelson, State Historian 11, a t
(916) 445 .7042 or mnelson@parks .ca .gov,or John Thomas, Fiscal and Grant s
Manager,at 916-445-7024 ithomas@parks .ca .gov .
Page 2
Sin c
C --.
Milford Wayne Doaldson, FAI A
State Historic Pre ervation Office r
Cc : Lois Capp s
Member of Congress
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Attachment 2
990 Palm Street ■ San Luis Obispo,CA 9340 1
Notice Requesting Proposals fo r
Preparation of a Citywide Historic Context Statemen t
The City of San Luis Obispo is requesting sealed proposals for consultant assistance t o
prepare a historic context statement pursuant to Specification No . 91177 . All proposal s
must be received by the Finance Division by 1 :00 p .m . on October 3, 2013 when the ywillbe opened publicly in the City Hall Council Chambers, 990 Palm Street, San Lui s
Obispo, CA 93401 .
Proposals received after said time will not be considered . To guard against premature
opening, each proposal shall be submitted to the Finance Division in a sealed envelop e
plainly marked with the proposal title, specification number, proposer name, and tim e
and date of the proposal opening . Proposals shall be submitted using the form s
provided in the specification package .
Specification packages and additional information may be obtained by contacting Phi l
Dunsmore at (805) 781-7522 or via email at pdunsmore@slocity .org .•
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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) 781J410 .
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Attachment2
S • ecification No . 9117 7
TABLE OF CONTENT S
Introductio n
Project Summary/Work Scop e
Project Need
Activitie s
Public Involvemen t
Deliverable s
Administratio n
Personnel
CLG grant
Schedul e
General Terms and Condition s
Proposal Requirement s
Contract Award and Executio n
Contract Performanc e
Agreemen t
Proposal submittal Form s
E .Reference s
Statement of Past Contract Disqualification
City of San Luis Obispo
Specification No . 9117 7
Section A
INTRODUCTIO N
1 . PROJECT SUMMARYIWORKSCOP E
The City of San Luis Obispo is seeking proposals from qualified consulting firms t o
prepare a comprehensive Citywide Historic Context Statement that will include al l
phases of the City's development from the Spanish/Mission era through Mid-Centur y
development. This project is being funded by a Certified Local Government (CLG) gran t
through the California State Office of Historic Preservation . Work will commence o n
October 30, 2012 and end on September 15, 2013 .
The historic context statement will identify the important themes relevant to the histor y
and development of the built environment of San Luis Obispo . The context statemen t
will establish periods of historical significance for each of the important themes, identif y
important associated property types with their character defining and associativ e
features,and establish evaluation criteria and integrity thresholds sufficient to provide a
framework for identifying and evaluating individual resources and historic districts for th e
National, California, and local registration programs .
Context development will be informed by a reconnaissance survey as well as previousl y
conducted historic resource surveys, and will identify existing and potential histori c
districts and establish priorities for future survey work . The final work product will be a
historic context statement that can be incorporated into the existing City's Histori c
Preservation Program Guidelines . Amendments to the Guidelines to incorporate th e
historic context statement may be performed as a later work effort outside of the scop e
of the grant unless time and funding allow this activity to be included .
All work shall be performed and deliverables produced in accordance with Secretary o f
the Interior's Standards for Preservation Planning, Identification, Evaluation an d
Registration when such standards are applicable, the National Register Bulletin #24 -
Guidelines for Local Surveys : A Basis for Preservation Planning, National Registe r
Bulletin #16B How to Complete the National Register Multiple Propert y
Documentation Form, and the Office of Historic Preservation's instructions .
The consultant shall meet the Secretary of the Interior's Professional Qualifications fo r
historian or architectural historian as set forth in 36 CFR Part 61, Appendix A . Th e
historic context statement will need to be consistent with standards and guideline s
established by the Office of Historic Preservation (OHP), and will be prepared under th e
guidelines of a grant awarded through the Certified Local Government Program (CLG).
The effort will result in a document containing a complete historic context statement a s
well as an update to the Historic Preservation Program Guidelines to identify significan t
periods and the types of development associated with each period .
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City of San Luis Obisp o
Specification No, 9117 7
2 . PROJECT NEE D
The City of San Luis Obispo originally established Historic Preservation Policie s
followed by Historic Resource Surveys and the formulation of historic districts in th e
early 1980's . These original surveys were guided by an evaluation of timing and type o fdevelopment in each district that illustrated the City's development pattern from th eMission era up through the 1930's . In 2010, the City adopted a Historic Preservatio nOrdinance and revised the Historic Preservation Guidelines in an effort to stimulat e
preservation and provide design guidance for new development . The guidelines lack acomprehensive context statement and instead rely on brief descriptions of the fiv e
previously identified historic districts . The guidelines focus on the development pattern sprior to WWII and lack any acknowledgment of the Mid Century theme . Therefore th econtext statement is a critical component for the City's historic preservation program .
As a Mission City with strong Spanish influences combined with a historic downtow nand surrounding residential neighborhoods that developed in the mid to late 1800's, th eCity of San Luis Obispo is rich in historical resources that span a substantial time frame .
Other influences in the City's development pattern, such as development during WWI Iand expansion of Cal Poly, have not been fully described or explored . The City Counci lrecently acknowledged that it may be time to take another look at the original resourc esurveys that were completed in the 1980's as the status of many of these propertie shave changed . There are also many properties that represent significant developmen tpatterns from the more recent past.In particular the City needs to be assured that th econtext statement will lead to future surveys that are consistent with the Secretary of th eInterior's Standards for the Treatment of Historic Properties, and the accompanyin g
Guidelines for historic buildings .
In 2011 the City embarked on a survey of a ten block area adjacent to two existin ghistoric districts . The survey placed an emphasis on historic resources that may hav ebeen missed when the original surveys were performed in the 1980's . City staffformulatedasubcommittee consisting of members from the City's Cultural Heritag eCommittee(CHC)combined with volunteers and Community Development staff . Th esurvey was limited to resources that could be identified under the existing Guidelines .The recent survey efforts led the CHC to determine that a complete context statement i scritical before additional surveys are performed in order that potential resources may b eidentified in a consistent manner. There are a number of Mid-Century resourc eexamples in San Luis Obispo, and many residential subdivisions that were develope dbetween the 1930's and 1960's .
By having a completed historic context, the City is better positioned to identify an dpreserve resources associated with the City's past .The Cultural Heritage Committe eand the City Council have identified the need for a historic context as a priority an dcommittee members are interested in assisting with its preparation . With a forma lhistoric context, and future update to the City's historic resource inventories, the City wil lbe better equipped to assist the citizens of San Luis ° Obispo and developers b y•providing a greater level of consistency regarding identification and classification o fhistoric resources . The creation of a historic context is an effort that is consistent wit h
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City of San Luis Obisp o
Specification No. 91177
the statewide historic preservation goals and will help strengthen the tools and Oprograms available for the identification, management, protection and interpretation o f
historic resources .
3 . ACTIVITIE S
Developing a historic context will be a joint effort guided by the selected consultant, an d
assisted by City staff along with San Luis Obispo's residents, advisory bodies, and Cit y
Council . The Cultural Heritage Committee (CHC) has formed a subcommittee that wil l
guide the process of developing the project . The subcommittee will be augmented b y
staff and citizen volunteers .
The activities/tasks for the consultant include the following :
1.Consult with OHP regarding context statement expectations and standards .
2.Prepare a project outline .
3.Attend public workshops and meetings to engage interested citizens ,
neighborhood groups and local professionals from the development an d
preservation community . At least 2 of these meetings/workshops should b e
attended by the consultant .
4.Provide information to assist with a web page on the City's website to describ e
activity and invite public comments .
5.Consult with SLO history center, neighborhood groups, and other resources t o
help gather information and build consensus for context statement .
6.Research existing City documents and available resources to help build th e
background for the context statement .
7.Prepare a draft context statement .
8.Attend public hearings at the Cultural Heritage Committee, and City Council t o
review and ultimately approve context statement drafts . At least 2 of thes e
meetings should be attended by the consultant .
9.Prepare a final context statement .
10.Make recommendations on needed amendments to the City's Histori c
Preservation Program Guidelines .
The activities for staff and the CHC will consist of the following :
1.Establish a subcommittee to guide and assist the process (City staff and CHC )
2.Organize and attend public workshops and meetings to engage intereste d
citizens, neighborhood groups and local professionals from the development an d
preservation community .
3.Establish a web page on the City's website to advertise and gather comment s
4.Submit draft statement to OHP (City Staff )
5.Submit final statement to OHP (City Staff).
The selected consultant will be responsible for the completion of draft documents an d
be available for discussion at hearings before the CHC . A main component of this task -
primarily lead by staff and subcommittee members will be to educate the public an d
decision makers as to why a historic context is necessary ; how it is an integra l
component of the City's Historic Preservation Program ; and that without such a
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City ofSan Luis Obisp o
Specification No 9117 7
document, it is difficult to properly identify and evaluate potential historic resources .
4 . PUBLIC INVOLVEMEN T
Public outreach is integral to 'a successful historic preservation program .San Lui s
Obispo has very informed and engaged residents and other community stakeholders .
As such, the public participation aspect of this process is especially critical . In San Lui s
Obispo we utilize newsletters, newspaper ads, mailers, public workshops withi n
neighborhoods, web pages, and last but not least,notified public hearings as part of ou r
outreach efforts . Since longtime San Luis Obispo residents are often helpful i n
identifying local history we hope to engage residents as we begin to formulate a draf t
context statement . The City and consultant will work with the SLO History Center ,
neighborhood groups, and local professionals to ensure that the context statemen t
includes a broad spectrum of local knowledge . The final product will be available on th e
City's website, available as a document at the City, public libraries, the history center ,
the universities (Cal Poly and Cuesta), and given as resource materials to all Cit y
decision makers .
6.DELIVERABLE S
The final product is a comprehensive historic context statement document that outline s
the overall pattern of development of the City and profiles particular periods o f
significance along with example resources from each of the periods . A second phase of
the work will be to incorporate the adopted context statement into the Histori c
Preservation Program Guidelines . This activity will require future amendments to th e
guidelines which is likely to occur outside of the grant timeline The context statemen t
will be used to assist with the identification of historic resources through future histori c
resource surveys and defining boundaries of historic districts . The following deliverable s
include :
■Draft Historic Context for the City of San Luis Obispo (city and OHP review copy )
■ Final Historic Context (final version endorsed by CHC and adopted by Council )
including recommendations on amendments to the Historic Preservatio n
Program Guidelines to incorporate the context statement .
7.ADMINISTRATIO N
Personne l
The City's Cultural Heritage Committee (CHC)is responsible for reviewing all activitie s
associated with the historic preservation program . They will be the primary bod y
responsible for implementing the context statement development . The CHC reports t o
both the Planning Commission and City Council who make final decisions on documen t
implementation and historic resource actions . The CHC consists of 7 member s
appointed by the City Council .
In collaboration with the CHC, staff will guide the project and utilize volunteers wher e
needed . The City's Community Development Department implements the existin g
Historic Preservation Ordinance and Guidelines with Senior Planner Phil Dunsmor e
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City of San Luis Obispo
Specification No . 9117 7
acting as the primary contact and liaison to the CHC . Planning staff also implement s
other historic preservation activities such as Mills Act Contracts, maintenance of a
historic preservation library at the City, guidance for development review associate d
with historic resources, training coordination, bi-annual newsletters and other outreach .
Certified Local Government Gran t
The City of San Luis Obispo was awarded a CLG grant in the amount of $22,500 to
assist with preparing a historic context statement . The grant may be used to pa y
consultant costs for researching and preparing the document while OHP requires th e
City to match the grant funds with a 40% match . Staff time, volunteer time and CH C
staff time qualifies and will be utilized for the matching funds as the City does not hav e
additional funds to allocate to this project . Consultant will be responsible for submittin g
billing and supporting documentation in a format, timeframe and manner that meet s
grant requirements for reimbursement . City staff will be responsible for completin g
grant reporting and monitoring in accordance with grant reporting requirement s
established by OHP .
8 . SCHEDULE :
Table 1
ACTIVITY CONSULTANT CITY SCHEDUL E
Planning staff prepares REP an d
consults with OHP
X August 201 2
Form CHC subcommittee X August-September 201 2
RFP sent to qualified consultants X September 201 2
Interview consultants X October 201 2
Select consultant and enter int o
contract
X October 201 2
Public Worach/website
updates
X X November- December 201 2
Review existing Information X October-December 201 2
Public Hearing 1 (CHC)X X November- December 201 2
Prepare Context Outline X December 2012-Jan . 201 3
Consult with O .H .P .- Outline X January 201 3
Prepare draft Context X January-April 201 3
Public Hearing 2 (CHC)X
_
X March 201 3
Prepare final Context Statement X June-July 201 3
Public Hearing 3 (CHC)X
_
X July 201 3
Consult with OHP-final context _X July-August 201 3
OHP ap p roval of final context X September 201 3
City Council approval of fina l
document
X X September-October 2013
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City of San Luis Obisp o
Specification No . 9117 7
HISTORIC PRESERVATION PROGRAM BACKGROUN D
To view the existing Historic Preservation Guidelines and Ordinance, please see the cit y
website for more information :
http ://www.ci .san-Iuis-obispo .ca .uent/longrange .as p
AVAILABLE RESOURCES
Document/Source Location
General Plan of San
Luis Obispo City
http ://www .slocity .org/communitydevelopment%Long%24Range/generalplan .as v
Historic Preservatio n
Guidelines
http ://www.ci .san-luis-
obispo .ca .us/communitydevelopment/Historic%20Preservation .asp
Historic Preservatio n
Ordinance
http ://www .ci .san-luis -
obispo .ca.us/communitydevelopment/Historic%2OPreservation .asp
Archeolog y
Preservation
Guidelines
http://www .ci .san-luis -
obispo.ca .us/communitydevelopment/Long%20Range/archaelogicalpreservation g
uide .asp
Historic District s
Map
http ://www .ci .san-luis -
obispo .ca .us/comm.unitydevelopment/historicpreservationord/New Folder/Histor i
c%20Districts%20Map .png
Land Use Elemen t
Map
http ://www .slocity .org/communitydevelopment/Long%20Range/LandUseElemen t
Map20100903 .pdf
Historic Preservatio n
Library
919 Palm Street (Community Development Department) –staff maintains a librar y
of documents, books, historical and archeological reports and local references .
San Luis Obisp o
Center
696 Monterey Street, SLO CA 93401 . http ://historycenterslo .org
Chinatown and
Garden Stree t
Terraces EIR's
http ://www .ci.san-luis -
obis po .ca .us/conmunitydevelo p ment/docsandforms/envirdocs .asp
These EIR's contain valuable background information that can be used to draft th e
historic context statement .
OHP preferred
format for Histori c
Context Statements
http ://ohp .parks .ca.gov/pages/1072/files/:format%20for%20historic%20context%2
Ostatements .pdf
Section B
GENERAL TERMS AND CONDITION S
PROPOSAL REQUIREMENTS
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City of San Luis Obispo
Specification No . 9117 7
1 .Requirement to Meet All Provisions .Each individual or firm submitting a proposal •(proposer)shall meet all of the terms, and conditions of the Request for Proposals (RFP )specifications package . By virtue of its proposal submittal, the proposer acknowledge sagreement with and acceptance of all provisions of the RFP specifications .
Proposal Submittal .Each proposal must be submitted on the form(s) provided in th especifications and accompanied by any other required submittals or supplementa lmaterials. Proposal documents shall be enclosed in an envelope that shall be seale dand addressed to the Department of Finance, City of San Luis Obispo, 990 Palm Street ,San Luis Obispo, CA, 93401 . In order to guard against premature opening, the proposa lshould be clearly labeled with the proposal title, specification number, name of proposer ,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 proposer'sinsurance coverage during proposal evaluation ; as discussed under paragraph 1 2below, endorsements are not required until contract award . The City's insuranc erequirements are detailed in Section E .
4 .Proposal Quotes and Unit Price Extensions .The extensions of unit prices for th equantities indicated and the lump sum prices quoted by the proposer must be entered i nfigures in the spaces provided on the Proposal Submittal Form(s). Any lump sum bidshall be stated in figures . The Proposal Submittal Form(s) must be totally completed . I fthe unit price and the total amount stated by any proposer for any item are not i nagreement, the unit price alone will be considered as representing the proposer'sintention and the proposal total will be corrected to conform to the specified unit price .
5 .Proposal Withdrawal and Opening .A proposer may withdraw its proposal, withou tprejudice prior to the time specified for the proposal opening, by submitting a writte nrequest to the Director of Finance for its withdrawal, in which event the proposal will b ereturned to the proposer unopened . No proposal received after the time specified or a tany place other than that stated in the "Notice Inviting Bids/Requesting Proposals" wil lbe considered . All proposals will be opened and declared publicly. Proposers or thei rrepresentatives 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 b eallowed to make or file, or to be interested in more than one proposal, except a nalternative proposal when specifically requested ; however, an individual or businessentity that has submitted a sub-proposal to a proposer submitting a proposal, or who ha squoted prices on materials to such proposer, is not thereby disqualified from submitting asub-proposal or from quoting prices to other proposers submitting proposals .
7 .Communications .All timely requests for information submitted in writing will receive awritten response from the City . Telephone communications with City staff are no tencouraged, but will be permitted . However, any such oral communication shall not b ebindingonthe City.
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City of San Luis Obisp o
Specification No . 9117 7
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CONTRACT AWARD AND EXECUTIO N
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 t o
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 tha t
proposals are qualified by specific limitations . See the "special terms and conditions" i n
Section C of these specifications for proposal evaluation and contract award criteria .
Competency and Responsibility of Proposer .The City reserves full discretion t o
determine the competence and responsibility, professionally and/or financially, o f
proposers . Proposers will provide, in a timely manner, all information that the Cit y
deems necessary to make such a decision .
Contract Requirement .The proposer to whom award is made (Contractor)shal l
execute a written contract with the City within ten (10) calendar days after notice of th e
award has been sent by mail to it at the address given in its proposal . The contract shal l
be made in the form adopted by the City and incorporated in these specifications .
11.Insurance Requirements .The Contractor shall provide proof of insurance in the form ,
coverages and amounts specified in Section E of these specifications within 10 (ten )
calendar days after notice of contract award as a precondition to contract execution .
12.Business License &Tax.The Contractor must have a valid City of San Luis Obisp o
business license and tax certificate before execution of the contract . Additiona l
information regarding the City's business license and tax program may be obtained b y
calling (805) 781-7134 .
CONTRACT PERFORMANC E
13.Ability to Perform .The Contractor warrants that it possesses, or has arranged throug h
subcontracts, all capital and other equipment, labor, materials, and licenses necessar y
to carry out and complete the work hereunder in compliance with any and all federal ,
state, county, city, and special district laws, ordinances, and regulations .
14.Laws to be Observed .The Contractor shall keep itself fully informed of and shal l
observe and comply with all applicable state and federal laws and county and City o f
San Luis Obispo ordinances, regulations and adopted codes during its performance of
the work .
15.Payment of Taxes .The contract prices shall include full compensation for all taxes tha t
the Contractor is required to pay .
16.Permits and Licenses .The Contractor shall procure all permits and licenses,pay al l
charges and fees, and give all notices necessary .
17.Safety Provisions .The Contractor shall conform to the rules and regulations pertainin g
to safety established by OSHA and the California Division of Industrial Safety .
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City of San Luis Obispo
Specification No . 9117 7
18.Public and Employee Safety .Whenever the Contractor's operations create a conditio n
hazardous to the public or City employees, it shall, at its expense and without cost to th e
City, furnish, erect and maintain such fences, temporary railings, barricades, lights, sign s
and other devices and take such other protective measures as are necessary to preven t
accidents or damage or injury to the public and employees .
19.Preservation of City Property .The Contractor shall provide and install suitabl e
safeguards, approved by the City, to protect City property from injury or damage . If City
property is injured or damaged resulting from the Contractor's operations, it shall b e
replaced or restored at the Contractor's expense . The facilities shall be replaced o r
restored to a condition as good as when the Contractor began work .
20.Immigration Act of 1986 .The Contractor warrants on behalf of itself and al l
subcontractors engaged for the performance of this work that only persons authorized t o
work in the United States pursuant to the Immigration Reform and Control Act of 198 6
and other applicable laws shall be employed in the performance of the work hereunder .
21.Contractor Non-Discrimination .In the performance of this work, the Contracto r
agrees that it will not engage in, nor permit such subcontractors as it may employ, t o
engage in discrimination in employment of persons because of age, race, color, sex,
national origin or ancestry, sexual orientation, or religion of such persons .
22.Work Delays .Should the Contractor be obstructed or delayed in the work required t o
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 obtai n
materials, equipment, or labor due to federal government restrictions arising out o f
defense or war programs, then the time of completion may, at the City's sole option, b e
extended for such periods as may be agreed upon by the City and the Contractor . In th e
event that there is insufficient time to grant such extensions prior to the completion dat e
of the contract, the City may, at the time of acceptance of the work, waive liquidate d
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 th e
causes of same .
23.Payment Terms .The City's payment terms are 30 days from the receipt of an origina l
invoice and acceptance by the City of the materials, supplies, equipment or service s
provided by the Contractor (Net 30). All expenditures must be itemized on the invoic e
form . For each expenditure of $500 or more, copies of supporting documentation (tim e
sheets, payroll stubs, receipts, etc .) must be submitted with the invoice . Per terms of th e
contract, OHP may withhold up to half of the City's funding until approval an d
acceptance of the final documents .
24.Inspection .The Contractor shall furnish City with every reasonable opportunity for Cit y
to ascertain that the services of the Contractor are being performed in accordance wit h
the requirements and intentions of this contract . All work done and all material s
furnished, if any, shall be subject to the City's inspection and approval . The inspection of
such work shall not relieve Contractor of any of its obligations to fulfill its contrac t
requirements .
•
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City ofSan Luis Obisp o
Specification No . 9117 7
25 .Audit .The City shall have the option of inspecting and/or auditing all records and othe r
written materials used by Contractor in preparing its invoices to City as a conditio n
precedent to any payment to Contractor .
26 .Interests of Contractor .The Contractor covenants that it presently has no interest, an d
shall not acquire any interest—direct, indirect or otherwise—that would conflict in an y
manner or degree with the performance of the work hereunder . The Contractor furthe r
covenants that, in the performance of this work, no subcontractor or person having suc h
an interest shall be employed . The Contractor 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 i s
hereby expressly agreed that,in the performance of the work hereunder, the Contracto r
shall at all times be deemed an independent contractor and not an agent or employee o f
the City .
27.Hold Harmless and Indemnification .The Contractor agrees to defend, indemnify,
protect and hold the City and its agents,officers and employees harmless from and
against any and all claims asserted or liability established for damages or injuries to an y
person or property,including injury to the Contractor's employees,agents or officers tha t
arise from or are connected with or are caused or claimed to be caused by the acts or
omissions of the Contractor, and its agents, officers or employees, in performing th e
work or services herein, and all expenses of investigating and defending against same ;
provided, however, that the Contractor's duty to indemnify and hold harmless shall no t
include any claims or liability arising from the established sole negligence or willfu l
misconduct of the City,its agents, officers or employees .
28.Contract Assignment .The Contractor shall not assign, transfer, convey or otherwis e
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 writte n
consent of the City .
29.Termination .If, during the term of the contract, the City determines that the Contractor
is not faithfully abiding by any term or condition contained herein, the City may notify th e
Contractor in writing of such defect or failure to perform . This notice must give th e
Contractor a 10 (ten) calendar day notice of time thereafter in which to perform said wor k
or cure the deficiency .
If the Contractor has not performed the work or cured the deficiency within the ten day s
specified in the notice, such shall constitute a breach of the contract and the City ma y
terminate the contract immediately by written notice to the Contractor to said effect .
Thereafter, neither party shall have any further duties, obligations, responsibilities,o r
rights under the contract except, however, any and all obligations of the Contractor's
surety shall remain in full force and effect,and shall not be extinguished, reduced, or i n
any manner waived by the termination thereof .
In said event, the Contractor shall be entitled to the reasonable value of its service s
performed from the beginning date in which the breach occurs up to the day it receive d
the City's Notice of Termination, minus any offset from such payment representing th e
City's damages from such breach . "Reasonable value" includes fees or charges fo r
goods or services as of the last milestone or task satisfactorily delivered or completed b y
the Contractor as may be set forth in the Agreement payment schedule ; compensatio n
for any other work, services or goods performed or provided by the Contractor shall b e
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City of San Luis Obispo
Specification No . 9117 7
based solely on the City's assessment of the value of the work-in-progress in completin gthe overall work scope .
The City reserves the right to delay any such payment until completion or confirme dabandonment of the project, as may be determined in the City's sole discretion,so as topermit a full and complete accounting of costs . In no event, however, shall th eContractor be entitled to receive in excess of the compensation quoted in its proposal .
The City also may terminate this contract at any time by giving the Contractor writte nnotice of such termination . Immediately upon receipt of notice of termination ,Contractor shall discontinue work on the project and incur no further obligations o rexpenses. Contractor shall be paid the percentage of the total cost that corresponds t othe percentage of the document(s) that are satisfactorily completed prior to th eContractor's receipt of said termination .
30 .Proposal Review and Award Schedule .The following is an outline of the anticipate dschedule for proposal review and contract award . OHP requires that the City hire aconsultant and award a contract prior to October 31, 2012 in accordance with gran tguidelines:
a ..Issue RFP 9/12/1 2b.City to Receive proposals 10/10/1 2c.Complete proposal evaluation 10/15/1 2
d .Finalize staff recommendation 10/15/1 2
e .Award contract 10/25/1 2f.Execute contract 10/29/1 2g.Start work 10/30/12
•
OWNERSHIP, DELIVERY AND PRESENTATION O F
WRITTEN ORGRAPHIC PRODUCT S
Ownership of Materials .All original drawings, plan documents and other materials •prepared by or in possession of the Contractor as part of the work or services unde r
11 C5-1 8
3 .
City of San Luis Obisp o
Specification No. 9117 7
7 .
these specifications shall become the permanent property of the City, and shall b e
delivered to the City upon demand .
4 . Release of Reports and Information .Any reports, information, data, or other materia l
given to, prepared by or assembled by the Contractor as part of the work or service s
under these specifications shall be the property of City and shall not be made availabl e
to any individual or organization by the Contractor without the prior written approval o f
the City .
Copies of Reports and Information .If the City requests additional copies of reports ,
drawings, specifications, or any other material in addition to what the Contractor i s
required to furnish in limited quantities as part of the work or services under thes e
specifications, the Contractor shall provide such additional copies as are requested, an d
City shall compensate the Contractor for the costs of duplicating of such copies at th e
Contractor's direct expense .
6 .Required Deliverable Products .The Contractor will be required to provide :
Five copies of deliverables addressing all elements of the work scope. City staff
will review any documents or materials provided by the Contractor and, where
necessary, the Contractor will be required to respond to staff comments an d
make such changes as deemed appropriate .
One camera-ready original, unbound, each page printed : on only one side,.
including any original graphics in place and scaled to size, ready fo r
reproduction .
When computers have been used to produce materials submitted to the City as a
part of the work scope,the Contractor must provide the correspopding compute r
files to the City, compatible with the following programs whenever possibl e
unless otherwise directed by the project manager :
Word Processing Word 201 0
•Spreadsheets Excel 201 0
Desktop Publishing InDesig n
Virtual Models Sketch U p
Digital Maps Geodatabase shape file s
Computer files must beon CD-ROM . Each diskette must be clearly labeled an d
have a printed copy of the directory .
Attendance at Meetings and Hearings .As part of the work scope and included in th e
contract price is attendance by the Contractor at up to 3 (or more) public meetings to
present and discuss its findings and recommendations. Contractor shall attend as man y
"working" meetings with staff as necessary in performing work scope tasks .
ALTERNATIVE PROPOSAL S
Alternative Proposals .The proposer may submit an alternative proposal (o r
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 an d
12
C5-19
City of San Luis Obisp o
Specification No . 91177
disadvantages of each of the alternatives, and discuss under what circumstances th e
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 o f
alternatives submitted .
BID SPECIFICATION LIMIT S
9 . Accuracy of Specifications .The specifications for this project are believed by the Cit y
to be accurate and to contain no affirmative misrepresentation or any concealment o f
fact. Proposers are cautioned to undertake an independent analysis of any test result s
in the specifications, as City does not guaranty the accuracy of its interpretation of tes t
results contained in the specifications package . In preparing its proposal, the propose r
and all subcontractors named in its proposal shall bear sole responsibility for proposa l
preparation errors resulting from any misstatements or omissions in the plans an d
specifications that could easily have been ascertained by examining either the projec t
site or accurate test data in the City's possession . Although the effect of ambiguities o r
defects in the plans and specifications will be as determined by law, any paten t
ambiguity or defect shall give rise to a duty of proposer to inquire prior to proposa l
submittal . Failure to so inquire shall cause any such ambiguity or defect to be construe d
against the proposer . An ambiguity or defect shall be considered patent if it is of such a
nature that the proposer, 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 proposer or subcontractors to notify City in writing of specification or pla n
defects or ambiguities prior to proposal submittal shall waive any right to assert sai d
defects or ambiguities subsequent to submittal of the proposal .
To the extent that these specifications constitute performance specifications, the Cit y
shall not be liable for costs incurred by the successful proposer 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 actua l
or alleged ambiguity or defect in the plans and/or specifications, or any other matte r
whatsoever, Contractor shall immediately notify the City in writing, and the Contracto r
and all subcontractors shall continue to perform, irrespective of whether or not th e
ambiguity or defect is major, material, minor or trivial, and irrespective of whether or no t
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 o f
contractor'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 o r
specifications concerning the dispute .
Section C
FORM OF AGREEMENT
AGREEMEN T
13
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C5-20
City of San Luis Obispo
Specification No, 9117 7
•
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on [da} (late .u1by and
between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, an d
~ ~ O N I R . \( I() I< ' ti 'v A \ 11 IN( , ~\ I'l ~l \I 11 .f I E . R',1,hereinafter referred to as Contractor.
WITNESSETH :
WHEREAS, on Id,tte], City requested proposals for the preparation of a historic context statement pe r
Specification No . 91177 (project); and
WHEREAS, pursuant to said request, Contractor submitted a proposal that was accepted by City for sai d
project ;
NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafte r
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 project .
2.
INCORPORATION BY REFERENCE .City Specification No . 91177 and Contractor's
proposal dated jclatc l, are hereby incorporated in and made a part of this Agreement .
3.
CITY'S OBLIGATIONS .For providing the services as specified in this Agreement, City wil l
pay and Contractor shall receive therefore cvnihen,Lnion i q ,1 t(al sum n c flu ',.,cc(1 ti
(li i
4.CONTRACTOR'S OBLIGATIONS .For and in consideration of the payments and agreement s
hereinbefore mentioned to be made and performed by City, Contractor agrees with City to do everything required b y
this Agreement and the said specification as described in Exhibit [ ] attached hereto and incorporated into thi s
Agreement and to comply with the terms set forth in Exhibits B, C and E attached hereto and incorporated into thi s
Agreement.
5.
AMENDMENTS .Any amendment, modification or variation from the terms of this Agreemen t
shall be in writing and shall be effective only upon approval by the City Manager of the City .
6.COMPLETE AGREEMENT .This written Agreement, including all writings specificall y
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
14
C5-21
City of San Luis Obispo
Specification No . 9117 7
any force or effect, nor shall any such oral agreement, understanding or representation be binding upon the partie s
hereto.
7.
NOTICE . All written notices to the parties hereto shall be sent by United States mail, postag e
prepaid by registered or certified mail addressed as follows :
City
City Cler k
City of San Luis Obispo
990 Palm Stree t
San Luis Obispo,CA 9340 1
Contractor
Name
Addres s
8.AUTHORITY TO EXECUTE AGREEMENT .Both City and Contractor do covenant that eac h
individual executing this agreement on behalf of each party is a person duly authorized and empowered to execut e
Agreements for such party .
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and yea r
first above written .
ATTEST :
CITY OF SAN LUIS OBISP O
By :
City Clerk
City Manage r
APPROVED AS TO FORM :
CONTRACTOR
By:
City Attorney
O
15
C5-22
City of San Luis Obispo
Specification No . 91177
Section D
Proposal Submittal Forms :
Contractors and Consultant s
The undersigned declares that she or he has carefully examined Specification No . 91177, including th e
work program which is hereby made a part of this proposal ; is thoroughly familiar with its contents ;i s
authorized to represent the proposing firm ; and agrees to perform the specified work for the following
cost quoted in full :
Description 2012 201 3
Task 1
Task 2
Task 3
Task 4
Task 5
Task 6
Task ?
Task 8
Task 9
Task 1 0
Task 1 l
Other
Costs
(pleas e
specify)
TOTAL $$
Certificate of insurance attached ; insurance company's A .M . Best rating :
Firm Name and Address
16
Phon eContact
Signature ofA uthorized Representative
Date
C5-2 3
City of San Luis Obisp o
Specification No. 9117 7
Description of Work Progra m
Consultant to add detailed costs associated with each task in section D above .
It Level Activities/Milestones Responsible Parties Schedule of Deliverable s
1 .
Program
initiation-
work
with consultant to gather
background information an d
schedule CHC hearings and
workshops . Establish we b
page, work with consultan t
to
establish
outreac h
program and strategies .
Staff,
Consultant,
CH C
subcommittee
December 20, 201 2
2 .
Prepare
Historic
Context
Statement
Outline,
CH C
hearing 1
Consultant, CHC, staff January 23, 201 3
3.
Research existin g
documents and historic dat a
to establish context
statement framework .
Consultant January- February 201 3
_
4 .
Public Workshop 1 Staff, Consultant February or March 201 3
5.
Reconnaissance
survey-
utilizing onsite survey, Cit y
GIS resources, and existin g
City survey data.
Consultant February- March 201 3
6 .
Prepare
Draft
Context
Statement
Consultant April 23, 201 3
7 .
CHC Hearing 2 City Staff, Consultant April 23, 201 3
Submit Draft to OHP
^City Staff April 24, 201 3
8 .
Public Workshop 2 City Staff, Consultant May 201 3
9 .
Prepare
final
context
statement
Consultant May-July 201 3
OHP review of draft-final contex t
statement
City Staff July 201 3
10 .
Consultant
revision
o f
context
with
OHP
comments
consultant August 201 3
Submit statement to OHP for
approval
City Staff September-October 201 3
11 .
City Council
adoption o f
final context statement
City Staff, consultant October 201 3
_
12 .
Amendments to Histori c
Preservation Program
Guidelines (may b e
included in action above i f
time and funding allows)
City staff, consultant
October 2013 and beyond
17
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C5-24
City ofSan Luis Obispo
Specification No, 9117 7
Section E :REFERENCE S
If available, please provide any samples of context work that has been completed by your firm .
Describe fully the last three contracts performed by your firm that demonstrate your ability t o
provide the services included with the scope of the specifications . Attach additional pages i f
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 Nam e
Contact Individua l
Telephone & FAX numbe r
Street Addres s
City, State,Zip Cod e
Description of services provide d
including contract amount, whe n
provided and project outcom e
Reference No .2
Customer Nam e
Contact Individua l
Telephone & FAX numbe r
Street Addres s
City, State, Zip Cod e
Description of services provide d
including contract amount, whe n
provided and project outcom e
Reference No .3
Customer Nam e
Contact Individua l
Telephone & FAX numbe r
Street Addres s
City, State, Zip Cod e
Description of services provide d
including contract amount, whe n
provided and project outcome
18
C5-2 5
City of San Luis Obispo
Specification No . 9117 7
Section F : STATEMENT OF PAST CONTRACT DISQUALIFICATION S
The proposer shall state whether it or any of its officers or employees who have a proprietar y
interest in it, has ever been disqualified, removed, or otherwise prevented from bidding on, o r
completing a federal, state, or local government project because of the violation of law, a safet y
regulation, or for any other reason, including but not limited to financial difficulties, projec t
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 q No q
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 an d
correct .
Signature of Authorized Proposer Representativ e
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C5-26