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HomeMy WebLinkAbout02/04/1997, C-7 - CONSULTANT SERVICES FOR AN ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE DEVAUL RANCH ANNEXATION, ON THE SOUTHERLY CORNER OF LOS OSOS VALLEY ROAD AND MADONNA ROAD. council '°'°� 7 j agenda P-epout h. - C I TY OF SAN LU IS O B I S P O FROM: Arnold Jonas, Community Development Director Prepared By: Judith Lautner, Associate Planner / SUBJECT: Consultant services for an Environmental Impact Report (EIR) for the DeVaul Ranch Annexation, on the southerly corner of Los Osos Valley Road and Madonna Road. CAO RECOMMENDATION A. Approve the workscope for preparation of an Environmental Impact Report (EIR) for the DeVaul Ranch Annexation Project and authorize staff to proceed with sending out Request for Proposal (RFP) documents to qualified consulting firms. B. Authorize the CAO to award the contract to a qualified consulting firm, contingent upon the developer depositing with the City the amount of the contract plus 30%. DISCUSSION Background The Community Development Department has received an application for annexation of approximately 112 acres on the south side of Madonna Road and Los Osos Valley Road. The project includes: • Annexation of a total of about 112 acres of property to the city limits. The developable portion of the site contains about 56 acres; the remainder of the site, consisting of about 56 acres of hillside, would be dedicated to the City to be retained as open space. • Prezoning of the developable portion of the site as Low-Density Residential (R-1), Medium-Density Residential (R-2), Medium-High-Density Residential (R-3) and Public Facilities (PF), and the remainder as Conservation-Open Space (C/OS). All residential zones would have a Planned Development (PD) overlay to indicate that a preliminary development plan is a part of the prezoning approval. The PD preliminary plan specifies housing types and general circulation design, and includes exceptions to normal standards. • Subdivision to create 162 single-family lots, 36 zero-lot-line home lots, and large lots for higher-density apartments and a public park. The applicant intends to develop the apartments and sell the zero-lot-line and single-family lots for development by others. Planning staff has determined that an EIR will be required to evaluate the potential impacts of the project. The Community Development Department periodically hires consultants to C-7- Council Agenda Report- DeVaul Ranch RFP Page 2 supplement staff in carrying out work that arises as part of the development review process, especially the preparation of EIRs. The City's Purchasing Guidelines state that the RFP documents for consultant services over $15,000 should generally be approved by the Council before they are issued. Based on previous experience, staff estimates that this EIR contract will be substantially more than $15,000, but does not know now what the specific cost will be. Staff has developed a workscope for the EIR which is included in the Request for Proposals and provides a detailed discussion of potential project issues and work tasks that need to be performed to fully evaluate these issues. The RFP also includes a project description, project background and requirements for proposal contents. The environmental initial study is available for review but is not attached to this report. Significant Impacts The Council's decision on this item will not incur any City expense. Once a qualified consultant is selected and a contract negotiated, the cost of the EIR production will be borne by the developer with the administration of the consultant contract overseen by the Community Development Department, in conjunction with the Finance Department. This is the approved procedure for City-required EIRs. Consequences of Not Taking the Recommended Action If a consultant is not retained to prepare the EIR, it would be the responsibility of the City to do so. Given the extensive and complex workscope that has been developed for the EIR, staff would have difficulty fitting this project into its existing workload. In addition, staff would need to hire consultants to adequately evaluate certain technical issues. Citizen Participation Staff has discussed the project with citizens near the project site, but has held no meetings with the neighborhood to "scope" the EIR. Concerns raised by citizens have been discussed in the initial study and some are proposed for further evaluation in the EIR. Conclusion If the Council approves the EIR workscope and authorizes staff to proceed with sending out RFPs to qualified consultants, then staff plans to follow the following schedule: Issue RFP February 5, 1997 Receive proposals February 28, 1997 Complete proposal evaluation March 7, 1997 Conduct finalist interviews March 24, 1997 Finalize staff recommendation March 31, 1997 C- ?^2 Council Agenda Report - DeVaul Ranch RFP Page 3 Applicant deposits EIR cost April 7. 1997 Award contract April 8, 1997 Execute contract/Start work April 8, 1997 Complete admin. draft July 8, 1997 CONCURRENCES Development review meetings were held prior to submittal of application materials. Other departments and agencies attended these meetings and provided oral and written comments, which were then used in the initial study analysis. FISCAL IMPACT The project should have no impact on the City's finances, because the applicant will pay the full cost of the EIR plus 30% for administrative and review services by staff. ALTERNATIVES 1. Approve the workscope, but direct staff to prepare the EIR. If staff is responsible for EIR production, the timeframe for completion of the document would be more lengthy than that estimated above for a consultant, and other staff work program items would be further postponed. 2. Continue consideration of the workscope and RFP with direction to staff on necessary changes. Attachments Vicinity map Reduced site plan Request for Proposals 4 •P OT, 0 OS P ii ? (D n 5 Deeds 19 ti 4bci N J4, 5=1 714.78' a::3 20 0 N, LENGTH DELTA R401U5 rd.. 86*zl-11-12�0,W N 34. 15- 0- K ='385' Los Osos Valley Road Annexation Area JL OhIc-Po4CA6340 J 1 {'r A.jjt. AI,ji 4115 H" rb! 5 IC-7.04 t co alta 2;ls JU03 lip lip11� I. 1. x s q=q 01 1 LLI Jr R—All 01 °I I 1 rR Ll i I t 11 1 O L z IL -LT-I !it IL. .. . . . . qLM W14 i a ci jj- WN VIM 11MI IIIIIII r_n 'M 7" w WIR IIII City OBISPO 990 Palm Street, San Luis Obispo, CA 93401-3249 Notice Requesting Proposals for DeVaul Ranch Annexation EIR Specification no. 9735 The City of San Luis Obispo wants to hire a consultant to prepare an environmental impact report (EIR). 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 Finance Department by 5:00 p.m. on February 28, 1997. Proposals received after said time will not be considered. Each proposal shall be submitted to the Finance Department in a sealed envelope plainly marked with the proposal title and consultant name. Additional information may be obtained by contacting Judith Lautner, Associate Planner, at (805) 781-7166. /rtO, The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. C. 7'6 v� Telecommunications Device for the Deaf (805) 781-7410. DeVaul Request for Proposals TABLE OF CONTENTS A. Project Description and Scope of Work 2 B. General Terms and Conditions 7 Proposal Requirements 7 Contract Award and Execution 8 Contract Performance 8 C. Special Terms and Conditions 10 Project Coordination 10 Proposal Content 10 Proposal Evaluation and Consultant Selection 12 Proposal Review and Award Schedule 13 Start and Completion of Work 13 D. Agreement Attached E. Insurance Requirements Attached F. Site plan of DeVaul Ranch proposal Attached A. PROJECT DESCRIPTION AND SCOPE OF WORK Project Description The project is the development of about 450 homes and a public park on a site of about 56 acres, and dedication to the City of an equivalent amount of hillside land. The site is outside the city limits and within the City's urban reserve line. It is designated on the City's Land Use Element map as Medium-Density Residential. The application specifically includes: ■ Annexation of a total of about 112 acres of property to the city limits. The developable portion of the site contains about 56 acres; the remainder of the site, consisting of about 56 acres of hillside, would be dedicated to the City to be retained as open space. ■ Prezoning of the developable portion of the site as Low-Density Residential (R-1), Medium-Density Residential (R-2), Medium-High-Density Residential (R-3) and Public Facilities (PF), and the remainder as Conservation-Open Space (C/OS). All residential zones would have a Planned Development (PD) overlay to indicate that a preliminary development plan is a part of the prezoning approval. The PD preliminary plan specifies housing types and general circulation design, and includes exceptions to normal standards. ■ Subdivision to create 162 single-family lots, 36 zero-lot-line home lots, and large lots for higher-density apartments and a public park. The applicant intends to develop the apartments and sell the zero-lot-line and single-family lots for development by others. 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. The Environmental C-7- 7 DeVaul Request for Proposals 3 Initial Study completed for this project is also available for review. A reduced site plan is attached. Scone of Work An Initial Study of Environmental Impact was completed for this project, which concluded that there may be significant environmental impacts associated with development and that an environmental impact report (EIR) is required. The appficant is not disputing the need for preparation of an EIR. The following workscope more specifically identifies issues and tasks that need to be performed to evaluate potential impacts of the project. 1. Traffic The traffic study is to be completed under a separate contract. The responsibility of the Consultant is to coordinate with the traffic study consultant to 1) assure that the study can be inserted into the EIR in the same format and style as the rest of the document, 2) assure that it fully complies with California Environmental Quality Act (CEQA) requirements, and 3) obtain responses to comments on this section of the Draft EIR.- 2. Noise A noise study of the-site and the proposed development shall be made by an acoustical engineer. The study shall evaluate effects of future traffic noise on the project residents and existing residential properties in the vicinity, and make recommendations consistent with goals in the City's Noise Element. The traffic noise must be calculated based on four- and six-lanes of traffic on Los Osos Valley Road, as anticipated by the Circulation Element. Expected Work Products Analysis of noise issues identified above. Recommendations for mitigation, consistent with general plan policies. Available information General Plan Noise Element and Guidebook (May 1996) General Plan Circulation Element (November 1996) - sound wall policies 3. Aesthetics A visual study must be completed for the project. The visual study should emulate views of the hillsides from vehicles and pedestrians in the vicinity of Los Osos Valley Road, from Highway 101 to beyond Madonna Road, as they will be with the proposed buildings in place. Mitigation should be included for significant impacts on these views. Expected Work Products Exhibits depicting a realistic interpretation of the project superimposed on the backdrop of the site. Exhibits should include on-scene photography or video, three-dimensional 3 C _ 74 DeVaul Request for Proposals 4 computer-aided design (CAD), architectural models or other acceptable visual simulation techniques to the approval of the Community Development Director. Available information Emerald Hills Estates Final EIR (12/94) 4. Geology A geologic engineering study must be completed. The study should a. Identify the likelihood of a fault zone at the base of the Irish Hills and should identify all active faults in the area and the potential magnitude of a seismic event on each of the identified faults. Impacts of geologic conditions on the proposed development shall be addressed. b. Determine the potential for seismic ground failure, including liquefaction. C. Determine the potential for danger from existing or future landslides in the hills above the project site. Slides should be mapped and effects evaluated. A soils engineering study must be prepared. The report must evaluate the potential for subsidence from groundwater use and make recommendations for mitigation, if necessary. The soils report should address the potential for shrink-swell behavior based on analysis of soil borings and it should identify necessary earthwork and foundation design criteria for the site development proposed. Expected Work Products Analysis of the issues identified above. Available Information City Construction Codes(August 1992) incorporating grading regulations City Seismic Element (July 1975) 5. Water A detailed hydrology study, studying existing conditions, proposed development, and effects on downstream properties must be completed. The hydrology study must evaluate drainage impacts on site and downstream. The potential for use of on-site well water either as a City or a private source must be evaluated to determine quality and quantity and the best use of the water, in accordance with City policies. Expected Work Products Analysis of hydrology of site, with recommended mitigation for potential impacts. Available Information 4 DeVaul Request for Proposals 5 City of San Luis Obispo Flood Management Policy(June 1983) City of San Luis Obispo Flood Damage Prevention Regulations (Chapter 17.84 of Municipal Code) San Luis Obispo Flood Insurance Rate Map (7-7-81) Water& Wastewater Management Element (11/94) Uniform Design Criteria(Water) --Engineering Design Standards Water Distribution System Maps Los Osos Valley and Lower Higuera Area Water System Improvements (1973, Penfield and Smith Engineers) Municipal Code Chapter 13.04 (Water Service) Fire Department Development Guide/California Department of Forestry requirements Urban Water Management Plan County Division of Environmental Health Regional Water Quality Control Board 6. Air Quality Air quality impacts from this project shall be evaluated for both near- (within three years) and long-term (ten years or more) conditions, along with impacts on the project from the adjacent Froom Ranch project and other anticipated development in the vicinity. Focus should include ■ consideration of impacts from both Froom and DeVaul, including an evaluation of potential for connections between the two. ■ discussion of installation of high-technology cabling within the project to encourage telecommuting ■ consideration of the use of "mountable curbsD to allow narrower streets that still provide adequate emergency access. ■ discussion of impacts expected to result from mitigation measures to ease traffic, such as widening of lanes or increase in the number of traffic lanes. Speci, 1c mitigation measures to be considered are: • A requirement to link the project to Quail Drive through the northwesterly cul-de-sac; • A requirement to provide internal pedestrian access between this project and the adjacent Froom Ranch project; • A requirement for a bus stop on Los Osos Valley Road, to the approval of the City's Transit Manager. Expected Work Products 5 C _7'1?14 DeVaul Request for Proposals 6 Analysis of issues associated with each criteria pollutant. Analysis of effectiveness of suggested mitigation. Recommendations for mitigation. Available information CEQA Air Quality Handbook (August 1995) Creating Transportation Choices through Development Design & Zoning, (County APCD & SLOCOG, July 1995) 7. Biological Resources The site must be evaluated for biological resources. The biological study should map the location and extent of affected wetland and grassland habitat that would be affected by proposed development. Wetland delineation should be determined consistent with the Army Corps of Engineers Delineation Manual. The study should determine the type and significance of impacts that proposed on- and off-site improvements will have on habitat areas, with particular attention to potential impacts on wildlife migration routes across the project site. The report should include recommended mitigation measures where impacts may be significant. Expected Work Products Analysis of above issues. Available Information Memorandum from Malcolm Mc Leod, Ph.D. dated 6-26-95 California Department of Fish & Game Natural Diversity Data Base Holland, V.L., and David Keil, California Vegetation, Second Edition (1989), El Corral Publications. Hoover, R.F., The Vascular Plants of SLO County (1970), U.C. Berkeley Press. Final EIR Emerald Hills Estates Volumes I & II (December 1994) 8. Cultural Resources An Archeological Resource Inventory (ARI) must be conducted of the site, in accordance with the City's Archaeological Resource Preservation Guidelines. Follow-up studies must be undertaken if indicated. Expected Work Products Analysis of cultural resources. Recommended mitigation of significant impacts. Available Information Archaeological Resource Preservation Guidelines(October 1995) Guide to Restoration Information and Historic Buildings Research (rev. June 1992) 9. Alternatives 6 C_ 7-4/ DeVaul Request for Proposals 7 Alternatives to the proposed project design need to be evaluated. Alternatives need to clearly indicate how they would address identified project impacts and should at minimum evaluate the following: a. The "no project" alternative. b. A reduced lot subdivision that responds to identified issues. C. Other comparable sites. Erected Work Products The consultant will, at minimum, evaluate the identified alternatives. City staff can assist in suggesting suitable comparable sites. B. GENERAL TERMS AND CONDITIONS PROPOSAL REQUIREMENTS 1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal shall meet all of the terms, and conditions of this 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 include the information specified under "content of proposals", below. Proposal documents shall be enclosed in an envelope which shall be sealed and addressed to Finance Department, City of San Luis Obispo, 990 Palm Street, San Luis Obispo, CA, 93401. The proposal should be clearly labeled with the specification number, proposal title, name of proposer, and date and time of proposal opening. No FAX submittals will be accepted. 3. 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 Community Development Director 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 "Request for Proposals" will be considered. 4. 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 consultant submitting a proposal, or who has quoted prices to such proposer, is not thereby disqualified from submitting a sub-proposal or from quoting prices to other proposers submitting proposals. 5. 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. 7 C_7. � z DeVaul Request for Proposals 8 CONTRACT AWARD AND EXECUTION 6. 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 refect 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 this document for proposal evaluation and contract award criteria. 7. Competency and Responsibility of Proposer. The City reserves full discretion to determine the competence and responsibility, professionally and/or financially, of bidders. Bidders will provide, in a timely manner, any and all information which the City deems necessary to make such a decision. 8. Contract Requirement. The proposer to whom award is made (Consultant) 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. 9. Insurance Requirements. The Consultant shall provide proof of insurance in the form, coverages, and amounts specified in the attached specification within 10 (ten) calendar days after notice of contract award as a precondition to contract execution. 10. Business Tax. The Consultant 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 11. Quality Control. All instruments of service shall reflect high standards of professional research, analysis, and written and graphic communication. The City's Project Manager shall be responsible for evaluating the quality of the Consultant's work and for the issuance of consultant payments upon satisfactory completion, delivery, and City acceptance of work. 12. Laws to be observed. The Consultant 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. 13. Release of reports and information. Any reports, information, data, or other material given to, or prepared or assembled by, Consultant under this agreement shall be the property of City and shall not be made available to any individual or organization by Consultant without the prior written approval of the City's Project Manager. 14. Copies of reports and information. If City requests additional copies of reports, drawings, specifications, or any other material to addition to what the Consultant is required to furnish in limited quantities as part of the services under this agreement, Consultant shall provide such additional copies as are requested, and City shall compensate Consultant for the costs of duplicating of such copies at Consultant's direct expense. . 8 C- 7• /.� DeVaul Request for Proposals 9 15. Ability to Perform. The Consultant warrants that it possesses, or has arranged through subcontracts, all 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. 16. Payment of Taxes. The contract prices shall include full compensation for all taxes which the Consultant is required to pay. 17. Consultant Non-Discrimination. In the performance of this work, the Consultant 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. 18. Work Delays. Should the Consultant 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 Consultant. 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. 19. Payment Terms. The City's payment terms are 30 days from the receipt.of an original invoice and acceptance by the City of the services provided by the Consultant. 20. Audit. The City shall have the option of inspecting and/or auditing all records and other written materials used by Consultant in preparing its invoices to City as a condition precedent to any payment to Consultant. 21. Interests of Consultant. The Consultant 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 Consultant further covenants that, in the performance of this work, no subcontractor or person having such an interest shall be employed. The Consultant 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 Consultant shall at all times be deemed an independent Consultant and not an agent or employee of the City. 22. Hold Harmless and Indemnification. The Consultant 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 Consultant'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 Consultant, 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 Consultant's duty to indemnify and hold harmless shall not include any 9 -7-14'� DeVaul Request for Proposals 10 claims or liability arising from the established sole negligence or willful misconduct of the City, its agents, officers or employees. 23. Contract Assignment. The Consultant shall not assign, transfer, convey or otherwise dispose of the contract, or its right, title or interest, or its power to execute such a contract to any individual or business entity of any kind without the previous written consent of the City. 24. Termination. 11; during the term of the contract, the City determines that the Consultant is not faithfully abiding by any term or condition contained herein, the City may notify the Consultant in writing of such defect or failure to perform; which notice must give the Consultant a 10 (ten) calendar day notice of time thereafter in which to perform said work or cure the deficiency. If the Consultant 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 Consultant 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 Consultant'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 Consultant shall be entitled to the reasonable value of its services performed from the beginning date in which the breach occurs up to the day it received the City's Notice of Termination, minus any offset from such payment representing the City's damages from such breach. "Reasonable value" includes fees or charges for goods or services as of the last milestone or task satisfactorily delivered or completed by the Consultant as may be set forth in the Agreement payment schedule; compensation for any other work, services or goods performed or provided by the Consultant shall be based solely on the City's assessment of the value of the work-in-progress in completing the overall 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 Consultant be entitled to receive in excess of the compensation quoted in its proposal. C. SPECIAL TERMS AND CONDITIONS PROJECT COORDINATION. a. City. The Community Development Director (hereinafter referred to as "Director") hereby designates Judith Lautner as the Project Manager for the City. She shall serve as the representative of the City for all purposes under this agreement. The Project Manager, or the Director in her 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. NAME is hereby designated as the Project Manager for Consultant. Should circumstances or conditions subsequent to the execution of this agreement require a substitute Project Manager for any reason, the Project Manager designee shall be subject to the prior written acceptance and approval of the director. Consultant's Project Team is identified in Exhibit A (The Consulting Team) attached hereto and incorporated herein by this reference. The 10 C. 7-/5 DeVaul Request for Proposals 11 individuals identified to complete the work shall not be changed except by prior written approval of City. 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 or geotechnical engineer to evaluate geological issues; b. A soil scientist with expertise in sediment and erosion control; c. A certified biologist with expertise in the specific habitat types present on the site; d. An archaeologist trained in historical and archaeological research. An organizational and manpower chart to show the names of all key personnel assigned to the project should also be included. Traffic studies will be performed under a separate contract. Final documents from that study must be incorporated into the EIR. 2. A draft work program 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 43, above. Examples of key tasks are: data collection, data verification and analysis, response to comments for consultant's responsible sections, completion of the Draft EIR (camera-ready, City responsible for reproduction), completion of public hearings and the public review period, 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. 5. Hourly billing rates for the staff to be assigned to this project. 6. Three references from clients for whom your firm has completed similar EIRs. I1 C- 7- DeVaul Request for Proposals 12 PROPOSAL E VAL VA TION 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. Proposals will be evaluated by a review committee using a two-phase selection process as follows: Written Proposal Revie►v 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. PROPOSAL REVIEWAND AWARD SCHEDULE 'EAT The following is an outline of the anticipated schedule for proposal review and contract award: Issue RFP February 5, 1997 Receive proposals February 28, 1997 Complete proposal evaluation March 7, 1997 Conduct finalist interviews March 24, 1997 Finalize staff recommendation March 31, 1997 Applicant deposits EIR cost April 7, 1997 Award contract April 8, 1997 12 0- 72-/7 DeVaul Request for Proposals 13 Execute contract/Stait work April 8, 1997 Complete admin. draft July 8, 1997 If you have any questions about this RFP, schedule, or attachments, please call Judith Lautner at (805) 781-7166. START AND COMPLETION OF WORK 1. Contract Extension. The term of the contract may be extended by mutual consent for an additional 90 days. 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. 60 copies of the 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. 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 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 7.0 or earlier version Spreadsheets Excel 7.0 or earlier Desktop Publishing Coreldraw, Pagemaker Computer Aided Drafting (CAD) AutoCAD Computer files must be on 3.5" 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. 13 C . -7 DeVaul Request for.Proposals 14 7. Attendance at Meetings and Aearings:. 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 w-bfkscope tasks. 14 D. 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 Consultant. WITNESSETH: WHEREAS, on [ ], City requested proposals for development of an environmental impact report for the DeVaul Ranch proposal, per specification no 9735. WHEREAS, 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. 9735 and Consultant'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 agrees to cooperate with Consultant in the completion of the work described in Exhibit B (Scope of Work) attached hereto and incorporated by reference. City will pay and Consultant shall receive therefor payments in accordance with Exhibit C (Compensation Schedule). . 4. CONSULTANT'S OBLIGATIONS. a. Services to be furnished. Consultant shall provide all specified services as set forth in Exhibit "B" (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. C- -7-10 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 Judith Lautner, Associate Planner Community Development Department City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401-3249 Consultant [ l [ 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. 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 2 C. 7-a, APPROVED AS TO FORM: CONSULTANT By: City Attorney 3 c-7-2z E INSURANCE REOUIREMENTS: Consultant Services The Consultant 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 Consultant, 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. Consultant 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 Consultant 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 . Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. 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 Consultant'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 Consultant'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 Consultant'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, canceled by either party, reduced in coverage or in limits except C. - 2: 2 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. Consultant shall furnish the City with a certificate of insurance showing maintenance of the required insurance coverage. Original endorsements affecting 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. 2 C- 7- 2 '�