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HomeMy WebLinkAbout10/05/1993, 3A - UPDATE ON THE STATUS OF THE AIRPORT AREA ANNEXATION Ap-6% 3 MEMORANDUM TO: Council Colleagues FROM: Bill Roalman, Vice-IVrayor, and Dave Romero, Councilman Council Liaison Subcommittee to the Airport Area Annexation SUBJECT: Update on the Status of the Airport Area Annexation Over the last two to three weeks, the City's Airport Area Negotiation Team has been working with the County and property owners to outline a detailed schedule for proceeding. At the present time, we have general agreement on the process, which is included as an exhibit to the attached fiscal impact analysis and public facilities plan Request for Proposals (RFP). As mentioned to Council during our liaison report of September 21 st, it is the consensus opinion of all parties involved that the fiscal impact analysis/public facilities financing plan must move forward in the most expeditious manner possible. For the City, fiscal impact data is essential in order for us to make a well informed and financially responsible decision relative to pursuing the annexation. For the property owners, the cost of facilities they will need to finance to serve the area is essential so that they can make a similarly well informed decision. As outlined in the RFP (which is expected to be issued by October 1), the fiscal impact component will be completed as "Phase A" of the study, and the public facilities financing plan as "Phase B" (assuming both parties agree to proceed after receipt of Phase A information). The Council will be asked to award the contract in November, based on a review of bidders and proposals that will include the Council Subcommittee. Other actions will also be recommended as a part of the November agenda item with respect to the overall annexation process. These actions shall be crafted to allow the City to take a significant step forward, without making any absolute or irreversible commitments, in advance of appropriate fiscal and environmental information. These actions are generally outlined in the attached material, and will be further discussed and refined in the coming weeks. Our last meeting with the property owners was held on September 27, 1993. The primary areas of discussion related to the schedule, the specific plan lead issue, and the initiation of the fiscal impact study. The Council Subcommittee will brief the Council further on these issues on October 5. We have discussed the timing and process for the Margarita Area annexation, which the Council had asked staff to agendize for consideration on October 5th. A separate status report on this topic has been prepared by staff and is provided as 'Item B". c.Y+► '� Page 2 Council Colleagues However, in general, all parties seem to agree that the Margarita Area can be processed in coordination with the same schedule outlined for the overall Airport Area (while most of the Margarita Area is not in CSA 22, the area has always been within the Airport Area planning boundaries). However, the Council Subcommittee concurs with the staff recommendation that a decision on the best processing scenario for the area be deferred to November, when it can be considered within the context of the whole Airport Area. lbw g:air.mem d2 `i Request for Proposals ' riJ:v:i.i:'.i{{i'I.Y ti:'9•C:iY'i`ii FISCAL IMPACT ANALYSIS .:i[}rvY{:}Fii::•ice 'i:.i::�{4{�i�: and PUBLIC FACILITIES FINANCING PLAN vv�:3{:\:?�;; Airport Area Annexation :Y.v.'Y:::{Nisi\�{e:'F.::){•ii:::`:> Specification No. 93-48 September 28, 1993 .T:a:.is.i.fir• ..:;.:::::{: 'i "`' ' CITY OF SAN LUIS OBISPO IIcityo sin luis oBisPoigo 990 Palm Street/Post Office Box 8100 • San Luis Obispo, CA 93403-8100 REQUEST FOR PROPOSALS FOR FISCAL IMPACT ANALYSIS AND PUBLIC FACILITIES FINANCING PLAN The City Clerk of the City of San Luis Obispo, State of California, will receive sealed proposals for the preparation of a fiscal impact analysis and public facilities Financing plan for the airport area annexation pursuant to Specification No. 93-48 at the City Clerk's Office, City Hall,990 Palm Street, which will be opened publicly on October 19, 1993 at 3:00 p.m. at City Hall. Proposals received after said time will not be considered. To guard against premature opening, each proposal shall be submitted in a sealed envelope plainly marked with the proposal title,specification number,bidder name, and time and date of the proposal opening. Proposals shall be submitted using the forms provided in the specification package. Specification packages and additional information may be obtained by contacting Bill Statler,Director of Finance, at (805) 781-7125. OThe City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. �� Telecommunications Device for the Deaf(805)781-7410. �� Specification No. 93-48 TABLE OF CONTENTS A. Description of Work Overview 1 Background 1 Status of Planning Efforts 2 Proposed Workscope 2 Complete Proposal Requirement 3 Exhibits 1. Airport Annexation Area 4 2. Annexation Schedule 5 B. General Terms and Conditions Proposal Requirements 6 Contract Award and Execution 6 Contract Performance 7 C. Special Terms and Conditions Proposal Content 10 Proposal Evaluation and Selection 10 Proposal Review and Award Schedule 10 Ownership and Delivery of Written and Graphic Materials 11 Required Deliverable Products 11 Attendance at Meetings and Hearings 11 D. Agreement 12 E. Insurance Requirements 14 F. Proposal Submittal Forms Proposal Submittal Summary 15 References 16 3A-5 DESCRIPTION OF WORK OVERVIEW The City is considering the annexation of approximately 1,700 acres of property on the southern edge of town, commonly referred to as the "Airport Annexation Area". Of this 1,700 acre area, about 200 acres are already partially or fully developed and there are 239 individual property owners. The County owned and operated airport (from which the area gets its name) is also being considered for annexation. In addition to land use and environmental review, the City is interested in analyzing the fiscal impact on the City of annexing this area as well as the costs of providing necessary infrastructure and methods of financing that will ensure that existing residents will not be fiscally burdened by these costs. Accordingly, we are requesting proposals from a limited number of qualified firms to perform this analysis. BACKGROUND On June 9, 1993, the Council approved moving forward with the annexation of the airport area (Exhibit 1). This was a unique action on the part of the City since it has been our past practice to annex only in conjunction with a specific development proposal. In essence, annexation has been synonymous with development. This will not be true in this case. Why this change in traditional approach? We are changing our traditional approach because the airport area is developing - albeit in a piecemeal, unattractive fashion - under the County, and in order to gain land use (and fiscal) control over this area, the Council has initiated proceedings to annex the entire area, even though the entire area is not ready nor appropriate for development at this time. The need to take decisive action was precipitated by LAFCO's consideration of an application by Community Services Agency No. 22 to provide water to this area. The City strongly protested this action, as it removes one of the key tools available to the City in managing growth on our periphery. In response to the City's protest, LAFCO agreed to defer approval of CSA No. 22's request pending City action to annex the area. LAFCO provided the City with a nine month deadline in which to make substantative progress on the annexation. What is the proposed process for reviewing the annexation? Provided in Exhibit 2 is a proposed process and schedule for annexing this area. As reflected in this schedule, it is expected that the Council will formally approve "the process" and initiate annexation proceedings at their November 2, 1993 meeting. At that time, we also propose awarding the contract for the preparation of the fiscal impact analysis and public facilities financing plan. A decision to continue with this process will be made by the Council in January of 1994 based primarily on the results of discussions with the County on greenbelt protection on our periphery if the entire area is annexed, the results of the fiscal 1 3rl-(o impact analysis, and initial discussions with the County on a property tax exchange agreement. If the Council approves going forward at that time, it is expected that the draft specific plan will be completed by May of 1994, with formal approval of the annexation completed by January of 1995 and final adoption of the specific plan in April of 1995. STATUS OF THE PLANNING PROCESS A significant amount of planning effort has already occurred. An administrative draft land use plan for this area has already been prepared by the County, and is scheduled for completion in February of 1994. The City has been involved in its preparation, and there is general consensus on land use issues. Although the area is in the County, the City's draft update to its General Plan land use element includes this area. Preparation of a specific plan is envisioned which will provide more detailed land use information and public facility plans for the area. In going forward with this annexation, it is the City's intent to become the lead agency in preparing and adopting the specific plan. In this case, the draft specific plan will probably not be completed until May of 1994 as noted above. PROPOSED WORKSCOPE There are two distinct phases to the proposed work: Phase A Fiscal Impact Analysis This phase will focus on the operating revenues and expenses that would reasonably be expected as a result of annexation and development of this area. This will require an allocation of revenues and costs between land use types and projections for a reasonable number of years into the future in order to determine initial and ongoing costs and revenues based on anticipated absorption/development rates. There are two significant factors that should be considered in performing this analysis: ■ Tax transfer agreement. We are fortunate that a policy model already exists for transferring property tax revenues between the City and the County upon annexation. Basically, the County retains its current share of existing property tax revenues; the City receives its "normal"share of property tax revenues (currently about 15%) from the increment. This is the assumption that should be used in projecting property tax revenues. If it is determined that there are significant sales tax revenues currently being received by the County from this area, we also have a model policy for addressing this issue based on fiscal (not revenue) neutrality: for example, in our most recent annexation, 50% of existing sales tax revenues were transfered to the County through an adjustment in the standard property tax transfer amounts. ■ Existing development. Because we will be annexing an area that is already developed to some extent, there will be costs and revenues immediately upon annexation even if there is no future growth (such as police, fire, and street maintenance). This is an area of special concern to the City and should be carefully analyzed. 2 3A=7 This phase of the workscope should be completed within 45 calendar days after contract award and authorization to proceed. Timing is especially critical for this phase since it will be one of the key factors in the Council's decision-making in January of 1994. Phare B Public Facilities Finmzcing Plan This phase will be completed in conjunction with the preparation of the specific plan and will include cost estimates for the infrastructure improvements (such as water, sewer,parks, storm drains, flood protection, streets, landscaping, public transportation, bikeways, and other improvements) necessary to support development of the area; and recommended method of financing those improvements that will ensure that existing residents and businesses are not negatively affected, and that new development pays its own way. This plan must be specific enough that it can provide a meaningful implementation tool upon specific plan adoption. Although the exact timing of this phase cannot be determined due to its integration with preparation of the specific plan, it is anticipated that it should be completed within 120-150 days after authorization to proceed with this phase. At this time, it is expected that City staff will be the primary resource for initially identifying and costing infrastructure needs as part of the specific plan preparation process. If consulting engineer assistance is required, the City will be responsible for contracting this work or for ensuring that it is included in the workscope of any subsequent consultant contract for preparing the specific plan. The City's financial advisor for project financings is Evensen Dodge and our bond counsel is Jones Hall Hill & White. It is expected that they will be part of any financing team that may be required to implement any debt financing component of the public facilities plan. They will be available for assistance during this project.. Contacts are: Evensen Dodge Jones Hall Hill & White Timothy Schaefer, Charles Adams, Senior Vice President Vice President 650 Town Center Drive, Suite 430 4 Embarcadero Center, Suite 1950 Costa Mesa, CA 92626 San Francisco, CA 94111 (714) 545-1212 (415) 391-5780 COMPLETE PROPOSAL REQUIREMENT The City wants proposals for the complete. workscope and will award a contract that encompasses both phases. However, Phase A services will be completed before undertaking Phase B work; depending on the outcome of Council.decision-making as a result of Phase A work, Phase B work may never occur, and accordingly, the City reserves the right to cancel Phase B services at the end of Phase A at no cost to the City. Therefore, separate dollar amount proposals must be submitted for each phase. The proposal content, evaluation, and contract award process is outlined the Special Terms and Conditions section of the RFP. 3 �. .F A f WIWI,J6 r_ J Iwo lrl T SI7�► r .. >. 1 w IE.r�. k l " .....;:.• :mss �S.?.re• e* �F•�f.I1,1S ••i•.� JT ,:•rm fir- ?•O�S' .•iS•�i'u.N'• fjtii.Y��Jfi i 1�:•i:•i.•••i i�• i f ••••�• S�i iii•••�•�• • Exhibit J m v 0 .0 0 oo C C4 o a >V LL r v) V) 0 w .0 0 o U. w "o "o C: C6 r z�P=M"4-RM M— (ru Q.— u Qj cs 't 0 .00tw u rz 93. LU 0) w A C% m 12. r- CA 4'Ell t 11 u ow = a c s u = 'or u u 0 > 0 C 9: cl 00 0 0 u CA u < O 0 C tm cm C� 7 i a m j All V) so WHO001. me ................. M .—A 001. :o 0 ci 0 0r- Q)CL Q) r (U -4 0 0 r. 0 Ia. oj 0 = = 0 E >, M o z Q) .0 = ; Q; o! cd 0 W " -z E: S: < C! o -z CL. L U CL. C .2 V"j r. 06 CO ci Q, (U Vl V1 = 0 10 5 E 96 X. 99 o :2 0 GENERAL TERMS AND CONDITIONS PROPOSAL REQUIREMENTS 1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal(bidder) 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 bidder acknowledges agreement with and acceptance of all provisions of the IFB or RFP specifications. 2. Proposal Submittal. Each proposal must be submitted on the form(s) provided in the IFB or RFP 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 City Clerk,City of San Luis Obispo, 990 Palm Street (93401), P. O. Box 8100 (93403), San Luis Obispo, CA. In order to guard against premature opening, the proposal should be clearly labeled with the IFB or RFP title, name of bidder, and date and time of proposal opening. No FAX submittals will be accepted. 3. Proposal Quotes and Unit Price Extensions. The extensions of unit prices for the quantities indicated and the lump sum prices quoted by the bidder must be entered in figures in the spaces provided on the Proposal Submittal Form(s). Any lump sum bid shall be stated in figures. The Proposal Submittal Form(s) must be totally completed. If the unit price and the total amount stated by any bidder for any item are not in agreement, the unit price alone will be considered as representing the bidder's intention and the proposal total will be corrected to conform to the specified unit price. ' 4. Proposal Withdrawal and Opening. A bidder may withdraw its proposal,without prejudice prior to the time specified for the proposal opening, by submitting a written request to the City Clerk for its withdrawal,in which event the proposal will be returned to the bidder 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. Bidders 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 bidder submitting a proposal, or who has quoted prices on materials to such bidder, is not thereby disqualified from submitting a sub-proposal or from quoting prices to other bidders submitting proposals. 6. Cooperative Purchasing. During the term of the contract, the successful bidder 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 bidder. 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 nonsubstantial 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, and to make award to the lowest responsible, responsive bidder as the interest of the City may require. See the Special Terms and Conditions (Section B) for any other proposal evaluation and award criteria. 6 3A-1 l 9. Competency, and Responsibility of Bidder. The City reserves full discretion to determine the competence and responsibility, professionally and/or fmancially, of bidders. Bidders will provide, in a timely manner, any and all information which the City deems necessary to make such a decision. 10. 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 the calculation and determination of the lowest responsible,responsive bidder. 11. Labor Actions. In the event that the successful bidder 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 bidder is no longer the lowest responsible, responsive bidder and to accept the next acceptable low proposal from a bidder that is not experiencing a labor action, and to declare it to be the lowest responsible, responsive bidder. 12. Contract Requirement. The bidder to whom award is made shall execute a written contract with the City within ten (10) calendar days after notice of the award has been sent by mail to it at the address given in its proposal. The contract shall be made in the form adopted by the City and incorporated in these specifications. 13. Failure to Accept Contract. The following will occur if the bidder 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 bidder's bond or security is required; and an award may be made to the next lowest responsible, responsive bidder who shall fulfill every stipulation as if it were the party to whom the fust award was made. 14. 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. 15. 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 (800781-7134. CONTRACT PERFORMANCE 16. 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. 17. 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. 18. Payment of Taxes. The contract prices shall include full compensation for all taxes which the Contractor is required to pay. 19. Permits and Licenses. The Contractor shall procure all permits and licenses,pay all charges and fees, and give all notices necessary. 20. Safety Provisions. The Contractor shall conform to the rules and regulations pertaining to safety established by OSIiA and the California Division of Industrial Safety. 7 3A- I Z 21. 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, teinp&ary 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. 22. 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. 23. 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. 24. 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. 25. 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. 26. 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). 27. 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. 28. 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. 29. 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. 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. 8 3�1-13 30. 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. 31. 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. 32. 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. 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. 9 3a -�'f SPECIAL TERMS AND CONDITIONS 1. Proposal Content. Your proposal must include the following information: Submittal Forms a. Proposal Submittal Summary b. References from a least three firms for whom you have provided similar services. General Information c Description of your approach to completing the work d. Experience of your firm in performing similar services e. Tentative schedule for completing the work E Resumes of the individuals that would be assigned to this project g. Services or data to be provided by the City h. Proposed compensation i. Any other information that would assist us in making this contract award decision Proposal Length and Copies j. Proposals should not exceed 10 pages, including attachments and supplemental materials. k. Six (6) copies of the proposal must be submitted. 2. Proposal Evaluation and Selection. Proposals will be evaluated by a review committee based on the following criteria: 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 h. Proposed compensation As reflected above, the award of contract will not be based solely on price, but on a combination of factors as determined to be in the best interest of the City. After evaluating the proposals and discussing them further with the finalists or the tentatively selected contractor,the City reserves the right to further negotiate the proposed work and/or method and amount of compensation. 3. Proposal Review and Award Schedule. The following is an outline of the anticipated schedule for proposal review and contract award: Issue RFP 9/28 Conduct preproposal interview 10/1 thru 10/8 Receive proposals 10/19 Complete proposal evaluation/finalize staff'recommendation 10/22 Award contract (Council) 11/2 4. Owmership 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. S. 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 10 OA-16 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. 6. Copies of Reports and Information. If the City requests additional copies of reports, drawings, specifications, or any other material in addition to what the 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. 7. Required Deliverable Products. The Contractor will be required to provide: a. Ten (10) administrative drafts and fifty (50) final reports addressing all elements of the workscope. Any documents or materials provided by the Contractor will be reviewed by City staff and, where necessary, the Contractor will be required to respond to staff comments and make such changes as deemed appropriate. b. One camera-ready original,unbound,each page printed on only one side,including any original graphics in place and scaled to size, ready for reproduction. c 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 unless otherwise directed by the project manager: Word Processing Wordperfect Version 5.1 Spreadsheets Lotus Release 2.4 Desktop Publishing Coreldraw Version 3.0 Pagemaker Version 4.0 Computer Aided Drafting (CAD) AutoCad Release 12 Computer files must be on 5-k", high-density, write-protected diskettes, formatted for use on IBM-compatible systems. Each diskette must be clearly labeled and have a printed copy of the directory. 8. Attendance at Meetings and Hearings. As part of the workscope and included in the contract price is attendance at up to three public meetings for each phase (six meetings total) to present and discuss the Contractor's findings and recommendations. Contractor shall attend as many"working" meetings with staff as necessary in performing workscope tasks. 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 [ ], hereinafter referred to as Contractor. WITNESSETH: WHEREAS,on September 28,1993,City requested proposals for preparation of a fiscal impact analysis (Phase A services) and public facilities plan (Phase B services) for the proposed airport area annexation per Specification No. 93-48. WHEREAS,pursuant to said request,Contractor 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.93-48 and Contractor's proposal 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 will pay and Contractor shall receive therefor compensation in the amount of IS ] for Phase A and [$ ] for Phase B services. 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 specifications. 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 City Administrative Officer 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 City Clerk City of San Luis Obispo P.O. Box 8100 San Luis Obispo, CA 93403 Contractor [ ] I ] [ 1 12 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, A Municipal Corporation By: Diane Gladwell, City Clerk Peg Pinard, Mayor APPROVED AS TO FORM: CONTRACTOR Jeffrey G. Jorgensen, City Attorney By: By: 13 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 Scone or 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, hued 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. 5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled 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 ANIL Verification of Coveraue. 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. 14 31 A-19 PROPOSAL SUBMITTAL FORM The undersigned declares that she or he has carefully examined Specification No. 93-48, which is hereby made a part of this proposal; is thoroughly familiar with its contents; is authorized to represent the proposing firm; and hereby agrees to perform the specified work for the following cost quoted in full: Phase A Services FISCAL IMPACT ANALYSIS $ Calendar days required to complete the work after contract award Phase B Services PUBLIC FACILITIES FINANCING PLAN $ Calendar days required to complete the work after contract award Firm Name and Address Contact Phone Signature of Authorized Representative Da to 15 REFERENCES Number of years engaged in providing the supplies, equipment, or services included within the scope of the specifications under the present business name: List and describe fully the last three contracts performed by your firm which demonstrate your ability to provide the supplies, equipment, or 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• Phone No: Address: Contract Amount: Year: Description of Supplies, Equipment, or Services Provided: Rejemnce No. 2 Customer Name: Contact Individual: Phone No: Address: Contract Amount: Year: Description of Supplies, Equipment, or Services Provided: Reference No. 3 Customer Name: Contact Individual• Phone No: Address: Contract Amount: Year: Description of Supplies, Equipment, or Services Provided: 16 3�-ZI