HomeMy WebLinkAbout02/07/2006, - JOHNSON BLOCK REMODEL FOCUSED EIR IIIIIIIIIIIi� �Ill � city of
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990 Palm Street o San Luis Obispo, CA 93401
Notice Requesting Proposals for
JOHNSON BLOCK REMODEL FOCUSED EIR
The City of San Luis Obispo is requesting sealed proposals to prepare a focused
environmental impact report (EIR) for a project in downtown San Luis Obispo that
involves the demolition of historic buildings in accordance with City specification No.
90307. The EIR must comply with the California Environmental Quality Act (CEQA)
Guidelines and address the topics identified in the Request for Proposals (RFP). All
proposals must be received by the Department of Finance by 3:00 p.m. on March 28,
2006, when they will be opened publicly in the City Hall Council Chamber, 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 Department of ,Finance 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.
Additional information may be obtained by contacting Phil Dunsmore, at (805) 781-7522.
® The City of San Luis Obispo is committed to including disabled persons in all of our services.programs and activities.
Telecommunications Device for the Deaf(805)781-7410.
I
Specification No. 90307
TABLE OF CONTENTS
A. Project Description and Scope of Work 1
B. General Terms and Conditions 7
Proposal Requirements
Contract Award and Execution
Contract Performance
C. Special Terms and Conditions 11
Project Coordination
Proposal Content
Proposal Evaluation and Consultant Selection
Proposal Review and Award Schedule
Start and Completion of Work
D. Agreement 15
E. Insurance Requirements 18
F. Proposal Submittal Form 20
G. References 21
H. Statement of Past Contract Disqualifications 22
F. Site plan of Johnson Block Remodel proposal Attached
V
Section A
DESCRIPTION OF WORK
Proiect Description
An application has been filed to redevelop several existing single story commercial buildings
adjacent to the northwest corner of Higuera and Chorro Streets in downtown San Luis Obispo.
In all, seven buildings would be either demolished or significantly changed by this retrofit and
redevelopment project. Two of the buildings are recognized as historic properties (1029 and 1033
Chorro Street) and are on the City's Master list of historic resources.
As part of a seismic retrofit plan, the applicant would like to demolish the structures at 782 and
786 Higuera, and 1029 through 1039 Chorro Street. In place of the demolished structures, a new
3-story mixed-use building would be constructed to accommodate new retail on the ground floor,
offices on the second floor, and residential on the third floor. The project would include a new
plaza that would allow pedestrians to access the creek area from Chorro Street. The building at
the comer of Higuera and Chorro, the historic Johnson Building (a Master List Historic
Building), is not a part of the project.
Staff determined that demolition of the Master List historic properties at 1029 and 1033 Chorro
Street would be a significant adverse impact to a locally listed historic resource.
The project is described in greater detail in application materials submitted by the applicant,
which are available for public review in the Community Development Department. A reduced
site plan is attached.
Scope of Work
A preliminary review of this project determined that there may be significant environmental
impacts associated with demolition of historic buildings in accordance with Section 21084.1 and
Section 15064.5 and that an environmental impact report (EIR) is required. The applicant is not
disputing the need for preparation of an EIR. Staff has determined that the project qualifies fora
focused EIR in accordance with CEQA Section 15179.5. The following workscope more
specifically identifies issues and tasks that need to be performed to evaluate potential impacts of
the project.
1. EIR Workscope Items
Historical Resources
The proposed project is located within the. Downtown Historic District, near or next to
several of the City's most historically and architecturally significant buildings. These
include: Mission San Luis Obispo de Tolosa, Murray Adobe, Carnegie Library, Ah Louis
Store, Muzio's Store, Sauer/Adams Adobe, Sauer Bakery, the Johnson Building (directly
attached to the project site), the Wineman hotel. Several of the listed structures have
been determined to be eligible or "potentially eligible" for the National Register of
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Historic Places.
In August, 2005, Andrew Merriam, Architect, prepared a Historic Evaluation for the
buildings on the project site (Attachment 1). This report discusses the potential
significance of the existing buildings that are proposed to be demolished with the project.
There are two buildings that are on the City's Master List of Historic Resources that are
proposed to be demolished. These include single story, unreinforced masonry buildings at
1029 and 1033 Chorro Street. Although there are four other buildings that would be
demolished within the downtown historic district, the other buildings are not considered
historic and do not contain architectural features or historic uses that contribute to the
character of the district.
Archaeological Resources
Archaeological excavations and construction projects have unearthed an unusually rich
collection of pre-historic and historic artifacts and features considered as significant under
the California Environmental Quality Act (CEQA) Section 15064.5. Although limited in
geographic area, past excavations suggest that the probability of encountering additional
artifacts and archaeological features due.to project grading and construction is high.
Potential Impacts
The proposed project has the potential to adversely affect archaeological and historical
resources two ways:
1. Removal, demolition, relocation or alteration of the resource. The project will
involve removal of existing historic buildings and excavation in areas believed to contain
significant archaeological remains. Pursuant to the City's Archaeological Resource
Preservation Guidelines, this will likely require Phase 2 and Phase 3 studies to identify
significant remains and mitigate project impacts to less than significant levels. In
addition, new construction is likely to impact on-site and adjacent historic buildings
requiring demolition or structural modifications to accommodate the project.
B. Alteration of the resource's setting or immediate surroundings, such as that the
significance of a historical resource is materially impaired (CEQA Section 15064.5). In
addition-to the demolition of existing historic buildings, this includes the construction of
buildings, which, due to their location, design, or scale, alters views of the resource, its
historic relationship to nearby properties, or other characteristics of the historic building
or use.
There is a very high probability that pre-historic or historic materials will be found on the
project sites. Since the project would involve significant excavation and redevelopment,
the project timeline must allow sufficient time prior to project construction to allow for
identification and evaluation of cultural resources, and for recovery of the significant
subsurface resources that would be impacted by the project in accordance with an
approved mitigation plan.
Issue Area Workscope
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The consultant will incorporate required analysis for cultural resources, including historic
and archaeological resource inventories, and subsurface testing, evaluation, and impact
mitigation (if necessary). Historical buildings will be inventoried and evaluated in the
EIR, which also will offer recommendations for mitigation of impacts to these historical
resources.
2. Additional EER Workscope items
1. In addition to the above-mentioned significant environmental impact associated with
the proposed development, the EIR should discuss any other significant environmental
impacts that are discovered within the review process. In order to be sure the EIR is a
comprehensive list of all the potential significant items, a discussion of standard CEQA
items that were not considered significant should be included. A description of each of
these items, including justification of why they were deemed less than significant,
including proposed mitigation measures, should be provided.
13. Alternatives
Alternatives to the proposed project design need not be evaluated if the project meets the
description of a focused EIR. If alternatives are to be considered, alternatives need to clearly
indicate how they would address identified project impacts and should at minimum evaluate the
following:
• the "no" project alternative;
• a project of a more limited size and scope perhaps excluding existing historic buildings;
and
• other comparable sites where the project might be developed.
14. Resources
The EIR should address, and rely on as a resource, previous EIR's that have been completed
within the project vicinity and a historic evaluation prepared for the property by Andrew G.
Merriam August 2005. EIR's previously completed within the project vicinity include the
Environmental Impact Report for the Copeland's Project (EIR 192-01 and ER 193-01, August
2002, prepared by AMSC for the City of San Luis Obispo).
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Section B
GENERAL TERMS AND CONDITIONS
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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 Request for Proposals (RFP) specifications
package. By virtue of its proposal submittal, the proposer acknowledges agreement with and
acceptance of all provisions of the RFP specifications.
2. Proposal Submittal. Each proposal must be submitted on the form(s) provided in the
specifications and accompanied by any other required submittals or supplemental materials.
Proposal documents shall be enclosed in an envelope, which 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 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.
5. 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 which 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.
6. 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.
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7. Communications. All timely requests for information submitted in writing will receive a
written response from the City. Telephone communications with City staff are not encouraged,
but will be permitted. However,any such oral communication shall not be binding on the City.
CONTRACT AWARD AND EXECUTION
8. Proposal Retention and Award. The City reserves the right to retain all proposals for a period
of 60 days for examination and comparison. The City also reserves the right to waive.
non-substantial irregularities in any proposal,to reject any or all proposals, to reject or delete one
part of a proposal and accept the other, except to the extent that proposals are qualified by
specific limitations. See the "special terms and conditions" in Section C of these specifications
for proposal evaluation and contract award criteria.
9. Competency and Responsibility of 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, any and all information which the City deems necessary to
make such a decision.
10. 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.
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 Tax. The Contractor must have a valid City of San Luis Obispo business tax certificate
prior to execution of the contract. Additional information regarding the City's business tax
program may be obtained by calling(805)781-7134.
CONTRACT PERFORMANCE
13. 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.
14. 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.
15. Payment of Taxes. The contract prices shall include full compensation for all taxes which the
Contractor is required to pay.
16. Permits and Licenses. The Contractor shall procure all permits and licenses, pay all charges
and fees, and give all notices necessary.
17. Safety Provisions. The Contractor shall conform to the rules and regulations pertaining to
safety established by OSHA and the California Division of Industrial Safety.
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18. 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.
19. 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 as a result of 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.
20. 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.
21. 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.
22. 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 which 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.
23. 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).
24. 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.
25. 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.
26. Interests of Contractor. The Contractor covenants that it presently has no interest, and shall
not acquire any interest direct or.indirect or otherwise, which 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.
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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.
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 any person or property,
including injury to the Contractor's employees, agents or officers which 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.
28. 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.
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 the Contractor
in writing of such defect or failure to perform; which 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.
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.
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Section C
SPECIAL TERMS AND CONDITIONS
PROJECT COORDINATION.
a. City. The Community Development Director (hereinafter referred to as "Director") hereby
designates Philip Dunmore as the Project Manager for the City.He shall serve as the representative
of the City for all purposes under this agreement. The Project Manager, or the Director in his
absence,shall supervise the progress and execution of this agreement.
b. Consultant. Consultant shall assign a single Project Manager to have overall responsibility for the
progress and execution of this agreement for Consultant.
CONTENT OF PROPOSALS
Three (3) copies of the proposal must be submitted that reflect a clear understanding of the workscope to
be performed and include the following information:
1. Resumes of your firm, the project manager, key technical staff and any sub-consultants you plan
to employ. Work on previous projects with similar workscopes should be highlighted,.along with
references from at least three firms for whom you have provided similar services with telephone
numbers included. With this project, it is critical that the consultant's professional team include:
a. A geologist, geotechnical engineer, or soils engineer to evaluate geological issues;
b. A licensed civil engineer with a background in traffic, or registered traffic engineer;
C. A qualified historian or historical archaeologist.
An organizational and manpower chart to show the names of all key personnel assigned to the
project should also be included.
2: A draft work program m which expands on the attached EIR workscope. The work program shall
itemize major tasks and work products, responsible staff, special information or studies required,
and special methods or equipment, if any, you anticipate using. Procedures should be included
showing how the consultant plans to coordinate with key City staff. The work program shall also
specify information, equipment, or services to be provided by the City that is not already
identified in the workscope. The work program should identify all other elements of the EIR
needed to assure CEQA compliance which may not be listed in the workscope, and should
explain how this will be-accomplished.
3. A preliminary estimate of number of hours expected to complete the work, organized by major
task to be accomplished and by level of employee who will be assigned to do this work. The
time for firm members to attend public hearings where the EIR is considered (minimum of four)
should be included as part of the hours estimate.
4. A schedule of completion for major tasks identified under#3, above. Examples of key tasks are:
data collection, data verification and analysis, completion of the Draft EIR, responses to
comments, attendance at public hearings, and certification of the Final EIR. It is the City's intent
that an administrative draft of the EIR would be prepared within 90 days of a signed agreement
between the City and the consultant for requested services.
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5. Hourlybg rates for the staff to be assigned to this project, including any sub-consultants.
6. Three references from clients for whom your firm has completed similar EIRs.
PROPOSAL EVALUATION AND CONSULTANT SELECTION
Review of the project by City decision-makers is dependent on completion of the Draft EIR. Therefore,
timely completion and circulation of the Draft EIR is essential to expeditious processing of the project
consistent with CEQA and will be considered in evaluating consultant proposals. A review committee
using a two-phase selection process as follows will evaluate proposals:
Written Proposal Review and Finalist Candidate Selection
A group of finalist candidates (generally the top three to five proposers) will be selected for follow-up
interviews and presentations based on the following criteria as indicated in their written proposals:.
a. Understanding of the work required by the City
b. Quality and responsiveness of the proposal
C. Demonstrated competence and professional qualifications necessary for satisfactory performance
of 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 related experience of the specific individuals to be assigned to this project
Presentations, Interviews,and Consultant Selection
Finalist candidates will be required to make an oral presentation to the review committee and answer
questions about their proposals. The purpose of this phase is two-fold: to clarify and resolve any
outstanding questions or issues about the proposal; and to evaluate the proposer's ability to present
information orally clearly and concisely. 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 the completion of key project milestones or tasks. Contract award will be based on a
combination of factors that represent that best overall value for completing the work outlined in the
workcope as determined by the City, including: the written proposal criteria noted above; results of
background and reference checks; results from the interviews and presentations phase; and proposed
compensation.
After evaluating the proposals and discussing them further with the finalists or the tentatively selected
Consultant, the City reserves the right to further negotiate the proposed workcope and/or method and
amount of compensation.
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PROPOSAL REVIEW AND AWARD SCHEDULE TENTATIVE
The following is an outline of the anticipated schedule for proposal review and contract award:
Issue RFP February 28,2006
Receive proposals March 28,2006
Complete proposal evaluation April 5, 2006
Conduct finalist interviews April 12, 2006
Finalize staff recommendation April 24, 2006
Applicant deposits EIR cost April 28, 2006
Award contract April 28, 2006
Execute contract/Start work April 28, 2006
Complete admin.draft June 28, 2006
If you have any questions about this RFP, schedule, or attachments, please call Philip Dunsmore at (805)
781-7522.
START AND COMPLETION OF WORK
1. Contract Schedule. The above schedule, as well as meeting dates needed in the future, may be
modified with the mutual consent of the City and the Consultant.
2. Completion of Work. Work on the administrative draft of the EIR shall be completed 90 calendar
days after execution of the contract.
3 Ownership of Materials. All original drawings, plan documents and other materials prepared by
or in possession of the Consultant as part of the work or services under these specifications shall
become the permanent property of the City,and shall be delivered to the City upon demand.
4. Copies of Reports and Information. If the City requests additional copies of reports, drawings,
specifications, or any other material in addition to what the Consultant is required to furnish in
limited quantities as part of the work or services under these specifications, the Consultant shall
provide such additional copies as are requested, and City shall compensate the Consultant for the
costs of duplicating of such copies at the Consultant's direct expense.
5. Required Deliverable Products. The Consultant will be required to provide:
a. Five (5) copies of the Administrative Draft EIR, which addresses all elements of the
workscope. Any documents or materials provided by the Consultant will be reviewed by
City staff and, where necessary, the Consultant will be required to respond to staff
comments and make such changes as deemed appropriate.
b. 20 copies(utilizing two-sided copying)of the Draft EIR.
C. 20 copies of the Final EIR, which incorporates the draft EIR,changes to the draft document
as a result of its review at pubic hearings,and includes responses to comments.
d. One camera-ready original of the Draft and Final EIRs,unbound,each page printed on only
one side,including any original graphics in place and scaled to size,ready for reproduction.
e. When computers have been used to produce materials submitted to the City as a part of the
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workscope, the Consultant must provide the corresponding computer files to the City,
compatible with the following programs whenever possible unless otherwise directed by
the project manager:
Word Processing Microsoft Word
Spreadsheets Excel
Desktop Publishing Coreldraw,Pagemaker
Computer files must be on compact disc. Each disk must be clearly labeled and have a
printed copy of the directory.
6. Attendance at Meetings and Hearings. As part of the workscope and included in the contract
price is attendance at up to four public meetings to present and discuss the Consultant's findings and
recommendations. Consultant shall attend as many "working" meetings with staff as necessary in
performing workscope tasks.
Section D
FORM OF AGREEMENT
AGREEMENT
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on this
day of by and between the CITY OF SAN
LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and [_ ONSULTANT NAME IN
AP�LE17MM ,hereinafter referred to as Consultant.
WITNESSETH:
WHEREAS, on February 21, 2006, City requested proposals for development of an environmental
impact report for the Johnson Block Remodel project,per specification no 90307.
WHEREAS, pursuant to said invitation request, Consultant submitted a proposal which was
accepted by City for said services.
NOW THEREFORE, in consideration of their mutual promises, obligations, and covenants
hereinafter contained,the parties hereto agree as follows:
1. TERM. The term of this Agreement shall be from the date this Agreement is made and
entered,as first written above,until acceptance or completion of said services..
2. INCORPORATION BY REFERENCE. City Specification No. 90307 and Consultant's
proposal dated , and amended by letter dated , are hereby incorporated in and
made a part of this Agreement.
3. CITY'S OBLIGATIONS. For providing services as specified in this Agreement, City
agrees to cooperate with Consultant in the completion of the work described in Exhibit A (Scope of Work)
attached hereto and incorporated by reference. City will pay and Consultant shall receive therefor payments
in accordance with Exhibit B (Compensation Schedule).
4. CONSULTANT'S OBLIGATIONS. For and in consideration of the payments and
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agreements hereinbefore mentioned to be made and performed by City, Consultant agrees with City to
provide all specified services as set forth in Exhibit "A" (Scope of Work) attached hereto and
incorporated herein by this reference. Consultant may not amend the Scope of Work, either to modify
provisions or to add or delete provisions, without prior written consent of the City's Project Manager.
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 Community Development
Director of the City.
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 Ronald Whisenand, Deputy Director-Dev.Review
Community Development Department
City of San Luis Obispo
990 Palm Street
San Luis Obispo,CA 93401-3249
Consultant [
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8. AUTHORITY TO EXECUTE AGREEMENT. Both City and Consultant do covenant
that each individual executing this agreement on behalf of each party is a person duly authorized and
empowered to execute Agreements for such party.
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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,A Municipal Corporation
By:
City Clerk City Administrative Officer
APPROVED AS TO FORM:
By:
City Attorney
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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.
3. Any failure to comply with reporting or other provisions of the policies including breaches of
warranties shall not affect coverage provided to the City, its officers,officials, employees, agents
or volunteers.
4. 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.
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5. 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 ANN.
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.
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I
PROPOSAL SUBMITTAL FORM
The undersigned declares that she or he:
■ has carefully examined Specification No. 9253,which is hereby made a part of this proposal.
■ is thoroughly familiar with its contents.
■ is authorized to represent the proposing fine.
■ agrees to perform the work as set forth in this proposal.
❑ Certificate of insurance attached; insurance company's A.M. Best rating:
Firm Name and Address
Contact Phone
Si nature o Authorized Representative
Date
_17_
REFERENCES
Number of years engaged in providing the services included within the scope of the specifications under
the present business name:
Describe fully the last three contracts performed by your firm which 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
-18-
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
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PROPOSERS LIST
JOHNSON BLOCK REMODEL FOCUSED EIR-SPECIFICATION NO.90307
Envicom ESA Fugro West, Inc.
28328 Agoura Rd. 4221 Wilshire Blvd., Suite 480 1012 Pacific St., Ste. A
Agoura Hills, CA 91301 Los Angeles, CA 990010 San Luis Obispo, CA 93401
Dudek &Associates, Inc. Jones and Stokes Associates The Morro Group
621 Chapala St. 2600 V St., Ste. 100 1422 Monterey St. Suite. C-200
Santa Barbara, CA 93101 Sacramento, CA 95818-1914 San Luis Obispo, CA 93401
Ogden Environmental & SAIC FIRMA
Energy Services Co., Inc. 816 State St., Ste. 500 849 Monterey St.
510 State St., Ste. B Santa Barbara, CA 93101 San Luis Obispo, CA 93401
Santa Barbara, CA 93101
Woodward Clyde Law/Crandall, Inc. Michael Brandman Associates
Consultants Attn: Roberta Tassey Attn: Patricia Hughes
5951 Encina Rd., Ste. 200 2710 Gateway Oaks Dr., Ste. 15ON 15901 Red Hill Ave., Ste. 200
Santa Barbara, CA 93117 Sacramento, CA 95833 Tustin, CA 92780-7318
Kleinfelder Wetlands Research Associates, Inc. Planetek, Inc.
Attn: Susan Charles Attn- Michael Josselyn 41 E. Foothill Blvd., Suite 200
1370 Valley Vista Dr., Ste. 150 2169-G East Francisco Blvd. Arcadia, CA 91006
Diamond Bar, CA 91765-3910 San Rafael, CA 94901
Greystone Leighton and Associates, Inc. Brady and Associates
Attn: Jeffrey Harvey Attn: Andrew Price Attn: David Clore
1211 H Street, Ste. A 31344 Via Colinas, Ste. 102 2215 Fifth Street
Sacramento, CA 95814 Westlake Village, CA 91362 Berkeley, CA 94710
Rincon Consultants, Inc. Emcon Bio Systems
Attn: Stephen Svete Attn: Ilona Rubino Attn: Cathy Newmann
790 E. Santa Clara St. 1921 Ringwood Ave. 303 Potrero St., Ste. 29-203
Ventura, CA 93001 San Jose, CA 95131-1721 Santa Cruz, CA 95060
Tetra Tech, Inc. Chambers Group, Inc. Regional Environmental Consult.
4213 State Street, Suite 205 17671 Cowan Ave., Suite 100 Attn: Sandra Fayette
Santa Barbara, CA 93110 Irvine, CA 92614 4241 Jutland Dr., Ste. 201
San Diego, CA 92117-3653
I
Zeiser Kling Consultants Robert Bein, William Frost& PRA Group
Attn: Barbara Associates Attn: John Larson
3187 Red Hill Ave., #135 14725 Alton Pkwy. 1190 Marsh St.
Costa Mesa, CA 92626 Irvine, CA 92618-2069 San Luis Obispo, CA 93401
Takata Associates Perspective Planning David Evans & Associates, Inc.
Attn: Kathleen Takata Attn: John Ashbaugh 23382 Mill Creek Dr., Suite 225
600 Fremont Ave. 979 Osos St., Suite E Laguna Hills, CA 92653
South Pasadena, CA 91030 San Luis Obispo, CA 93401
McLaren/Hart, Inc. Padre Associates, Inc. EIP Associates
16755 Von Karman Aave., 5450 Telegraph Rd., Suite 101 601 Montgomery St., Suite 500
#200 Ventura, CA 93003 San Francisco, CA 94111
Irvine, CA 92606-2667
Dames &Moore Burns &McDonnell Ultrasystems Environmental Inc.
3445 West Shaw Ave., Suite 2102 Business Center Dr., Suite 6 Jenner, Suite 210
101 130 Irvine, CA 92618-3811
Fresno, CA 93711 Irvine, CA 92612
Douglas Wood & Associates, Duane A. Morita TPG Consulting, Inc.
Inc. 14312 Shadybrook Dr. Attn. Quincy Struve
1461 Higuera St., Suite A Tustin, CA 92680 679 Monterey Street
San Luis Obispo, CA 93401 San Luis Obispo, CA 93401
Helix Environmental Planning,
Inc.
8100 La Mesa Blvd., Suite 150
La Mesa, CA 91941-6476