HomeMy WebLinkAbout01-06-2015 C6 Open Space AcquisitionCity of San Luis Obispo, Council Agenda Report, Meeting Date, Item Number
FROM: Michael Codron, Assistant City Manager
Prepared By: Robert A. Hill, Natural Resources Manager
SUBJECT: AUTHORIZE REQUEST FOR PROPOSALS (RFP) FOR APPRAISAL
SERVICES FOR OPEN SPACE LAND ACQUISITION
RECOMMENDATION
1. Authorize the issuance of a Request for Proposals (RFP) for Appraisal Services for Open
Space Land Acquisition in furtherance of the City’s Greenbelt Protection Program
(Attachment 1); and
2. Authorize the City Manager to award a consultant services agreement in an amount not-
to-exceed $50,000 consistent with the available budget for these projects.
DISCUSSION
Background
The Natural Resources Program currently has two separate but contiguous land conservation
opportunities that are located in a priority area of the City’s Greenbelt (Attachment 2). These are
the Miossi Brothers La Cuesta Ranch and the Ahearn Family Ranch. These opportunities were
previously introduced to the City Council under closed session on June 12, 2014 and staff
received direction to enter formal negotiations. At this time, those discussions have reached a
point where staff and the property owners have preliminary agreement as to the specific property
interests to be considered for potential transactions, and staff is now seeking Council
authorization to issue a Request for Proposals for Appraisal Services to support further
negotiations, with the goal of subsequently entering into contractual arrangements leading
towards a purchase. Collectively, acquisition of portions of these two properties has the potential
to form a new 841 acre City open space holding, the Cuesta Canyon Natural Reserve, as detailed
below:
Miossi Brothers La Cuesta Ranch
The Miossi Brothers La Cuesta Ranch is a nearly 1,300 acre ranch property located at the end of
Loomis Street next to the entrance to Cuesta Park (Attachment 3). It shares its western and
southern boundaries with Cal Poly, and its northeastern boundary with the Ahearn Family
Ranch. It contains numerous important conservation values and potential trail linkages, the
acquisition of which would accrue public benefits. The specific property interests to be
appraised are:
1. Fee simple title valuation of the entire ranch holding (approximately 1,298 acres).
2. Conservation easement (approximately 222 acres) and public access easement area
(approximately 40 acres) encumbering portions of San Luis Obispo County APNs 073-
241-028 and 073-341-003.
3. Fee simple title valuation (approximately 266 acres) of portions of the ranch, APNs 070-
241-013, 070-271-013, 073-321-003, and 073-341-003; excepting the seller’s reservation
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Appraisal Services for Open Space Land Acquisition - Request for Proposals Page 2
of a ground lease and all rights to an existing wireless communication facility and the
seller’s reservation of an access easement over an existing ranch road for emergency and
maintenance purposes.
Ahearn Family Ranch
The City also has a potential opportunity to acquire a 575-acre portion of the Ahearn Family
Ranch located off of Stagecoach Road in Cuesta Canyon (Attachment 4). The Ahearn Family
Ranch is contiguous with Cal Poly, with the Miossi Brothers La Cuesta Ranch, and with the Los
Padres National Forest and Santa Lucia Wilderness. It features exceptional natural and historic
resource conservation values and possibilities for passive recreation trail uses. The specific
property interests to be appraised are:
1. Fee simple title (approximately 575 acres) comprised of portions of San Luis Obispo
County APNs 070-241-026, 070-241-027 and 073-321-007, to include an existing pre-
manufactured residence, barn, and agricultural outbuildings.
It should be noted that although staff and the property owners have reached preliminary
agreement as to the specific property interests to be evaluated, minor boundary revisions make
take place as both parties move forward with this process. If approved, the RFP will be
published on the city’s website and distributed to appraisal firms experienced in the valuation of
ranch properties and conservation easements. Following staff’s review of the proposals received
and the interview, selection, award, and contract processes, it is expected that work will begin in
March and be completed by June 2015.
FISCAL IMPACT
Sufficient funds for this effort are available and are comprised in part with $10,000 from the
Natural Resources Program operating budget and with the remaining amount sourced from the
Open Space Acquisition CIP, which is consistent with past practice.
ALTERNATIVES
1. Provide direction regarding an amended scope of work and provide authorization of the
RFP.
2. Continue consideration of the scope of work and RFP with direction to staff on necessary
changes.
3. Deny issuance of the RFP.
ATTACHMENT
1. Request for Proposals for Appraisal Services for Open Space Land Acquisition.
2. Map of City of San Luis Obispo Greenbelt
3. Map of Miossi Brothers La Cuesta Ranch
4. Map of Ahearn Family Ranch
T:\Council Agenda Reports\2015\2015-01-06\RFP Open Space acquisition (Codron-Hill) \E-CAR - Appraisal Servics.docx
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990 Palm Street San Luis Obispo, CA 93401
Notice Requesting Proposals for
Appraisal Services for Open Space Land Acquisition
Specification No. 91346
The City of San Luis Obispo is requesting sealed proposals for Appraisal Services for Open
Space Land Acquisition in furtherance of the City’s Greenbelt Protection Program pursuant to
Specification No. 91346. All proposals must be received by the Finance Division by 4 p.m.,
February 10, 2015 when they will be opened publicly in the City Hall Council Chambers, 990
Palm Street, San Luis 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 envelope plainly marked
with the proposal title, specification number, proposer name, and time and date of the proposal
opening. Proposals shall be submitted using the forms provided in the specification package.
A pre-proposal conference will be held at City Hall on Tuesday, January 20, 2015 at 10:00 a.m.to
answer any questions that the prospective proposers may have regarding the City's request for
proposals.
Specification packages and additional information may be obtained by contacting Robert Hill,
Natural Resources Manager, by phone at (805) 781-7211 or by email at rhill@slocity.org.
Attachment 1
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Specification No. 91346
TABLE OF CONTENTS
A. Description of Work 1
B. General Terms and Conditions 3
Proposal Requirements
Contract Award and Execution
Contract Performance
C. Special Terms and Conditions 6
Contract Term
Estimated Quantities
Proposal Content
Proposal Evaluation and Selection
Proposal Review and Award Schedule
Unrestrictive Brand Names
Start and Completion of Work
Accuracy of Specifications
D. Agreement 9
E. Insurance Requirements 11
F. Proposal Submittal Forms 12
Proposal Submittal Summary
References
Attachment 1
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Section A
DESCRIPTION OF WORK
The City of San Luis Obispo (“City”) is requesting a project-specific proposal for Appraisal Services for
Open Space Land Acquisition in order to facilitate and support two (2) separate potential transactions,
which are described below and shall include the following components:
1. GENERAL
a. Appraisal reports shall be full narrative summary appraisal format
b. Appraisal reports shall conform to Uniform Standards of Professional Appraisal Practice
(USPAP)
c. Appraisal reports shall conform to Uniform Standards for Federal Land Acquisition
(UASFLA), also known as the "Yellow Book"
2. PROJECT SPECIFIC DESCRIPTIONS
a. Miossi Brothers La Cuesta Ranch
i. Fee simple title valuation of the entire ranch (approximately 1,298 acres).
ii. Conservation easement (approximately 222 acres) and public access easement
area valuation (approximately 40 acres) encumbering portions of San Luis
Obispo County APNs 073-241-028 and 073-341-003.
iii. Fee simple title valuation (approximately 266 acres) comprised of portions of
San Luis Obispo County APNs 070-241-013, 070-271-013, 073-321-003, and
073-341-003; excepting the seller’s reservation of a ground lease and all rights to
an existing wireless communication facility and the seller’s reservation of an
access easement over an existing ranch road for emergency and maintenance
purposes. [Note: proposer should assume City’s purchase will be made as a
“public lot” as a governmental agency that is exempt from the California
Subdivision Map Act.]
iv. See map exhibit on following pages.
b. Ahearn Family Ranch
i. Fee simple title valuation (approximately 575 acres) comprised of portions of
San Luis Obispo County APNs 070-241-026, 070-241-027 and 073-321-007, to
include an existing pre-manufactured residence, barn, and agricultural
outbuildings. [Note: proposer should assume City’s purchase will be made as a
“public lot” as a governmental agency that is exempt from the California
Subdivision Map Act.]
ii. See map exhibit on following pages.
3. CREDENTIALS AND QUALIFICATIONS
a. Certified General Real Estate Appraiser - required
b. MAI Designation (Appraisal Institute) - desired
c. ARA Designation (American Society of Farm Managers and Rural Appraisers) – desired
d. Demonstrated experience with the “before and after” approach to valuation of
conservation easements.
Attachment 1
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4. INTENDED USERS
a. City of San Luis Obispo
b. Property owners
c. State of California grant-making agencies
d. Federal grant-making agencies
e. Private foundation grant-making agencies
5. ADDITIONAL CONSIDERATIONS AND ASSUMPTIONS
a. It should be expected that appraisal reports will be subject to review and approval
processes at the State and Federal level if City is successful with prospective grant
awards, which may result in requests for clarification, additional analysis, or
disqualification by those grant-making agencies.
b. The appraiser may be requested to attend up to two (2) hearings with the City Council.
c. The appraiser should assume that the City will supply pertinent background
documentation of the subject properties (e.g. draft easement terms as appropriate, current
preliminary title report and copies of exceptions to title, copies of leases, copies of
recorded certificates of compliance, maps and surveys, relevant technical reports).
6. DELIVERY REQUIREMENTS
a. Four (4) complete, original color copies for each appraisal.
b. One (1) “flash drive” or similar data device with a complete copy of each appraisal in
Adobe .pdf format.
Attachment 1
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Attachment 1
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Attachment 1
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Section B
GENERAL TERMS AND CONDITIONS
PROPOSAL REQUIREMENTS
1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal (proposer)
shall meet all of the terms, and conditions of the Invitation for Bids (IFB) or Request for
Proposals (RFP) specifications package. By virtue of its proposal submittal, the proposer
acknowledges agreement with and acceptance of all provisions of the IFB/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 enclosed in an envelope that shall be sealed and 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 proposal should 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’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 Extensions. The extensions of unit prices for the quantities
indicated and the lump sum prices quoted by the proposer 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 proposer for any item are not in agreement, the unit price alone will be considered
as representing the proposer's intention 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, 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
proposer unopened. 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. Proposers 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 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 proposer submitting a proposal, or who has quoted prices on materials to such
proposer, is not thereby disqualified from submitting a sub-proposal or from quoting prices to
other proposers submitting proposals.
Attachment 1
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7. Cooperative Purchasing. During the term of the contract, the successful proposer will extend
all terms and conditions to any other local governmental agencies upon their request. These
agencies will issue their own purchase orders, will directly receive goods or services at their
place of business and will be directly billed by the successful proposer.
8. Communications. All timely requests for information submitted in writing will receive a
written response from the City. Telephone communications with City staff are not encouraged,
but will be permitted. However, any such oral communication shall not be binding on the City.
CONTRACT AWARD AND EXECUTION
9. 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.
10. Competency and Responsibility of Proposer. The City reserves full discretion to determine
the competence and responsibility, professionally and/or financially, of proposers. Proposers
will provide, in a timely manner, all information that the City deems necessary to make such a
decision.
11. Contract Requirement. The proposer to whom award is made (Contractor) shall execute a
written contract with the City within ten (10) calendar days after notice of the award has been
sent by mail to it at the address given in its proposal. The contract shall be made in the form
adopted by the City and incorporated in these specifications.
12. 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.
13. Business Tax. The Contractor must have a valid City of San Luis Obispo business tax certificate
before execution of the contract. Additional information regarding the City's business tax
program may be obtained by calling (805) 781-7134.
CONTRACT PERFORMANCE
14. Ability to Perform. The Contractor warrants that it possesses, or has arranged through
subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry out
and complete the work hereunder in compliance with any and all federal, state, county, city, and
special district laws, ordinances, and regulations.
15. Laws to be Observed. The Contractor shall keep itself fully informed of and shall observe and
comply with all applicable state and federal laws and county and City of San Luis Obispo
ordinances, regulations and adopted codes during its performance of the work.
16. Payment of Taxes. The contract prices shall include full compensation for all taxes that the
Contractor is required to pay.
Attachment 1
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17. Permits and Licenses. The Contractor shall procure all permits and licenses, pay all charges
and fees, and give all notices necessary.
18. Safety Provisions. The Contractor shall conform to the rules and regulations pertaining to
safety established by OSHA and the California Division of Industrial Safety.
19. Public and Employee Safety. Whenever the Contractor's operations create a condition
hazardous to the public or City employees, it shall, at its expense and without cost to the City,
furnish, erect and maintain such fences, temporary railings, barricades, lights, signs and other
devices and take such other protective measures as are necessary to prevent accidents or damage
or injury to the public and employees.
20. Preservation of City Property. The Contractor shall provide and install suitable safeguards,
approved by the City, to protect City property from injury or damage. If City property is injured
or damaged resulting from the Contractor's operations, it shall be replaced or restored at the
Contractor's expense. The facilities shall be replaced or restored to a condition as good as when
the Contractor began work.
21. Immigration Act of 1986. The Contractor warrants on behalf of itself and all subcontractors
engaged for the performance of this work that only persons authorized to work in the United
States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws
shall be employed in the performance of the work hereunder.
22. Contractor Non-Discrimination. In the performance of this work, the Contractor agrees that it
will not engage in, nor permit such subcontractors 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.
23. Work Delays. Should the Contractor be obstructed or delayed in the work required to be done
hereunder by changes in the work or by any default, act, or omission of the City, or by strikes,
fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or
labor due to federal government restrictions arising out of defense or war programs, then the time
of completion may, at the City's sole option, be extended for such periods as may be agreed upon
by the City and the Contractor. In the event that there is insufficient time to grant such
extensions prior to the completion date of the contract, the City may, at the time of acceptance of
the work, waive liquidated damages that may have accrued for failure to complete on time, due to
any of the above, after hearing evidence as to the reasons for such delay, and making a finding as
to the causes of same.
24. 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
Contractor (Net 30).
25. Inspection. The Contractor shall furnish City with every reasonable opportunity for City to
ascertain that the services of the Contractor are being performed in accordance with the
requirements and intentions of this contract. All work done and all materials furnished, if any,
shall be subject to the City's inspection and approval. The inspection of such work shall not
relieve Contractor of any of its obligations to fulfill its contract requirements.
Attachment 1
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26. Audit. The City shall have the option of inspecting and/or auditing all records and other written
materials used by Contractor in preparing its invoices to City as a condition precedent to any
payment to Contractor.
27. Interests of Contractor. The Contractor covenants that it presently has no interest, and shall
not acquire any interest—direct, indirect or otherwise—that would conflict in any manner or
degree with the performance of the work hereunder. The Contractor further covenants that, in
the performance of this work, no subcontractor or person having such 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 is hereby expressly agreed that, in
the performance of the work hereunder, the Contractor shall at all times be deemed an
independent contractor and not an agent or employee of the City.
28. 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 any person or property,
including injury to the Contractor's employees, agents or officers that 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 the 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 not include any claims or liability
arising from the established sole negligence or willful misconduct of the City, its agents,
officers or employees.
29. Contract Assignment. The Contractor 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.
30. 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 the Contractor
in writing of such defect or failure to perform. This notice must give the Contractor a 10 (ten)
calendar day notice of time thereafter in which to perform said work or cure the deficiency.
If the Contractor has not performed the work or cured the deficiency within the ten days
specified in the notice, such shall constitute a breach of the contract and the City may terminate
the contract immediately by written notice to the Contractor to said effect. Thereafter, neither
party shall have any further duties, obligations, responsibilities, or rights under the contract
except, however, any and all obligations of the Contractor's surety shall remain in full force and
effect, and shall not be extinguished, reduced, or in any manner waived by the termination
thereof.
In said event, the Contractor 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 Contractor as may be set forth in
the Agreement payment schedule; compensation for any other work, services or goods performed
or provided by the Contractor shall be based solely on the City's assessment of the value of the
work-in-progress in completing the overall workscope.
Attachment 1
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The City reserves the right to delay any such payment until completion or confirmed
abandonment of the project, as may be determined in the City's sole discretion, so as to permit a
full and complete accounting of costs. In no event, however, shall the Contractor be entitled to
receive in excess of the compensation quoted in its proposal.
Attachment 1
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Section C
SPECIAL TERMS AND CONDITIONS
1. Contract Award. Subject to the reservations set forth in Paragraph 9 of Section B (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 labor 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
between February 2015 and December 2016. 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 timeframe.
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.
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.
Attachment 1
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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.
16. 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.
d. Professional work product example.
Qualifications
e. Experience of your firm in performing similar services.
f. Resumes of the individuals who would be assigned to this project, including any sub-
consultants. Resumes should note required licensing (see Section A, above).
g. Standard hourly billing rates for the assigned staff, including any sub-consultants.
h. Statement and explanation of any instances where your firm has been removed from a
project or disqualified from proposing on a project.
i. Demonstrated conservation easement project work.
Work Program
j. Description of your approach to completing the work.
Attachment 1
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k. Tentative schedule by phase and task for completing the work.
l. Estimated hours for your staff in performing each major phase of the work, including
sub-consultants.
m. Services or data to be provided by the City.
n. Any other information that would assist us in making this contract award decision.
Proposal Length and Copies
o. Proposals should include numbered pages, including identification of attachments and
supplemental materials.
p. Three copies of the proposal must be submitted.
17. Proposal Evaluation and Consultant Selection. Proposals will be evaluated by a review
committee using a two-phase selection and contract award process as follows:
Phase 1 – Written Proposal Review/Finalist Candidate Selection
A group of finalist candidates (generally the top 3 to 5 five proposers) will be selected for
follow-up interviews and presentations based on the following criteria as evidenced in their
written proposals:
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 experience in successfully performing similar services.
e. Proposed approach in completing the work.
f. References.
g. Background and experience of the specific individuals to be assigned to this project.
Phase 2 – Oral Presentations/Interviews and Consultant Selection
Finalist candidates will make an oral presentation to the review committee and answer questions
about their proposal. The purpose of this second phase is two-fold: to clarify and resolve any
outstanding questions or issues about the proposal; and to evaluate the proposer’s ability to
clearly and concisely present information orally. As part of this second phase of the selection
process, finalist candidates will submit proposed compensation costs for the work, including a
proposed payment schedule tied to accomplishing key project milestones or tasks. 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 workscope and/or method
and amount of compensation.
Contract award will be based on a combination of factors that represent the best overall value for
completing the workscope as determined by the City, including: the written proposal criteria
described above; results of background and reference checks; results from the interviews and
presentations phase; and proposed compensation.
18. Proposal Review and Award Schedule. The following is an outline of the anticipated schedule
for proposal review and contract award:
a. Issue RFP 1/9/15
b. Conduct pre-proposal conference 1/20/15
Attachment 1
C6-16
c. Receive proposals 2/10/15
d. Complete proposal evaluation 2/12/17
e. Conduct finalist interviews 2/17/15
f. Finalize staff recommendation 2/19/15
g. Award contract 2/23/15
h. Execute contract 2/27/15
i. Start work 3/2/15
j. Work products due 6/2/15
19. Pre-Proposal Conference. A pre-proposal conference will be held at the following location,
date, and time to answer any questions that prospective proposers may have regarding this RFP:
Tuesday, January 20, 2015, 10:00 a.m.
City Hall, Council Hearing Room
990 Palm Street
San Luis Obispo, CA 93401
20. 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 under these specifications
shall become the permanent property of the City, and shall be delivered to the City upon demand.
21. Release of Reports and Information. Any reports, information, data, or other material given
to, prepared by or assembled by the Contractor as part of the work or services under these
specifications shall be the property of City and shall not be made available to any individual or
organization by the Contractor without the prior written approval of the City.
22. 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 is required to furnish in
limited quantities as part of the work or services under these specifications, the Contractor shall
provide such additional copies as are requested, and City shall compensate the Contractor for the
costs of duplicating of such copies at the Contractor's direct expense.
23. Required Deliverable Products. The Contractor will be required to provide:
a. Four (4) copies of original, color copies of the appraisal reports addressing all elements
of the workscope. 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 and make such changes as deemed appropriate.
b. When computers have been used to produce materials submitted to the City as a part of
the workscope, the Contractor must provide the corresponding computer files to the City,
compatible with the following programs whenever possible unless otherwise directed by
the project manager:
• Adobe .pdf format
Computer files must be delivered on a “flash drive”. Alternatively, files may be emailed
to the City.
24. Attendance at Meetings and Hearings. As part of the workscope and included in the contract
price is attendance by the Contractor at up to two (2) public meetings to present and discuss its
Attachment 1
C6-17
findings and recommendations. Contractor shall attend as many "working" meetings with staff
as necessary in performing workscope tasks.
25. 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
alternatives, and discuss under what circumstances the City would prefer one alternative to the
other(s). If an alternative proposal is submitted, the maximum length of the proposal may be
expanded proportionately by the number of alternatives submitted.
26. 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. Proposers
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 proposer 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 proposer to inquire
prior to proposal submittal. Failure to so inquire shall cause any such ambiguity or defect to be
construed 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 plan defects or
ambiguities prior to proposal submittal shall waive any right to assert said defects or ambiguities
subsequent to submittal of the proposal.
To the extent that these specifications constitute performance specifications, the City shall not be
liable for costs incurred by the successful 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 actual or
alleged ambiguity or defect in the plans and/or specifications, or any other matter whatsoever,
Contractor shall immediately notify the City in writing, and the Contractor and all subcontractors
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 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 or specifications concerning the dispute.
Attachment 1
C6-18
Section D
FORM OF AGREEMENT
AGREEMENT
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on [day, date, year] by and
between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and
[CONTRACTOR’S NAME IN CAPITAL LETTERS], hereinafter referred to as Contractor.
W I T N E S S E T H:
WHEREAS, on [date], City invited requested proposals for Appraisal Services for Open Space Land
Acquisition, per Specification No. 91346.
WHEREAS, pursuant to said request, Contractor submitted a proposal that was accepted by City for said
Appraisal Services for Open Space Land Acquisition.
NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter
contained, the parties hereto agree as follows:
1. TERM. The term of this Agreement shall be from the date this Agreement is made and entered, as
first written above, until acceptance or completion of said Appraisal Services for Open Space Land Acquisition.
2. INCORPORATION BY REFERENCE. City Specification No. 91346 and Contractor's
proposal dated [date], are hereby incorporated in and made a part of this Agreement. To the extent that there are any
conflicts between the City’s specification and this Agreement and the Contractor’s proposal, the terms of the City’s
specification and this Agreement shall prevail, unless specifically agreed otherwise in writing signed by both parties.
3. CITY'S OBLIGATIONS. For providing Appraisal Services for Open Space Land Acquisition.
as specified in this Agreement, City will pay and Contractor shall receive therefor compensation in a total sum not to
exceed [$ .00 ].
4. CONTRACTOR'S OBLIGATIONS. For and in consideration of the payments and agreements
hereinbefore mentioned to be made and performed by City, Contractor agrees with City to do everything required by
this Agreement and the said specification.
5. AMENDMENTS. Any amendment, modification or variation from the terms of this Agreement
shall be in writing and shall be effective only upon approval by the Council or City Manager of the City.
Attachment 1
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6. 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.
7. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage
prepaid by registered or certified mail addressed as follows:
City City Clerk
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
Contractor Name
Address
8. AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor 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.
ATTEST: CITY OF SAN LUIS OBISPO
________________________________ By:_____________________________________
City Clerk City Manager
APPROVED AS TO FORM: CONTRACTOR
________________________________ By: _____________________________________
City Attorney
Attachment 1
C6-20
Section E
INSURANCE REQUIREMENTS
Consultant Services
The Contractor shall procure and maintain for the duration of the contract insurance against claims for
injuries to persons or damages to property which may arise from or in connection with the performance
of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors.
Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code
1 (any auto).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability
Insurance.
4. Errors and Omissions Liability insurance as appropriate to the consultant's profession.
Minimum Limits of Insurance. Contractor shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property
damage. If Commercial General Liability or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to this project/location or the general
aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
4. Errors and Omissions Liability: $1,000,000 per occurrence.
Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared
to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such
deductibles or self-insured retentions as respects the City, its officers, officials, employees and
volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be
endorsed to contain, the following provisions:
1. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as
respects: liability arising out of activities performed by or on behalf of the Contractor; products
and completed operations of the Contractor; premises owned, occupied or used by the
Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage
shall contain no special limitations on the scope of protection afforded to the City, its officers,
official, employees, agents or volunteers.
2. For any claims related to this project, the Contractor's insurance coverage shall be primary
insurance as respects the City, its officers, officials, employees, agents and volunteers. Any
insurance or self-insurance maintained by the City, its officers, officials, employees, agents or
volunteers shall be excess of the Contractor's insurance and shall not contribute with it.
Attachment 1
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3. The Contractor's insurance shall apply separately to each insured against whom claim is made or
suit is brought, except with respect to the limits of the insurer's liability.
4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be
suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty
(30) days' prior written notice by certified mail, return receipt requested, has been given to the
City.
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of
no less than A:VII.
Verification of Coverage. Contractor shall furnish the City with a certificate of insurance showing
maintenance of the required insurance coverage. Original endorsements effecting general liability and
automobile liability coverage required by this clause must also be provided. The endorsements are to be
signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be
received and approved by the City before work commences.
Attachment 1
C6-22
PROPOSAL SUBMITTAL FORM Sample
The undersigned declares that she or he has carefully examined Specification No. 91346, 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:
Description Quantity Unit Price Total
TOTAL BASE PRICE
Sales tax @ 7.25%
Other (provide detail below)
TOTAL $
Delivery of equipment to the City to be within 90 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
REFERENCES
Attachment 1
C6-23
Number of years engaged in providing the services included within the scope of the specifications under
the present business name: .
Describe fully the last three contracts performed by your firm that demonstrate your ability to provide the
services included with the scope of the specifications. Attach additional pages if required. The City
reserves the right to contact each of the references listed for additional information regarding your firm's
qualifications.
Reference No. 1
Customer Name
Contact Individual
Telephone & FAX number
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and project outcome
Reference No. 2
Customer Name
Contact Individual
Telephone & FAX number
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and project outcome
Reference No. 3
Customer Name
Contact Individual
Telephone & FAX number
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and project outcome
Attachment 1
C6-24
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
Attachment 1
C6-25
Attachment 2
C6-26
Attachment 3
C6-27
Attachment 4
C6-28