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HomeMy WebLinkAbout12/02/1997, C5 - DISTRIBUTION OF A REQUEST FOR PROPOSAL (RFP) AND TO HIRE A CONSULTANT TO PREPARE AN ENVIRONMENTAL IMPACT REPORT (EIR) THAT EVALUATES THE DRAFT PARKING AND DOWNTOWN ACCESS PLAN. council December 2, 1997 acEnba REpoat '. C I T Y O F S A N L U I S O B I S P O FROM: Michael McCluskey,Director of Public Works t Prepared By: Al Cablay,Public Works Manager Terry Sanville,Principal TransportationPlannert5 SUBJECT: Distribution of a Request for Proposal (RFP) and to hire a consultant to prepare an Environmental Impact Report (EIR) that evaluates the draft Parking and Downtown Access Plan. CAO RECOMMENDATION: The City Council should: (1) Review and approve the content of the draft RFP and EIR Workscope(attached as Exhibit A)and authorize its distribution. (2) Authorize the CAO to make changes to the EIR Workscope,if they are not major, and execute an agreement with a selected consultant if the cost of consultant services(including contingencies)does not exceed$100,000. (3) Authorize the creation of a project account and appropriate $100,000 of the unappropriated balance of the Parking Fund to cover the EIR cost. DISCUSSION On October 28, 1997, the City Council held a public meeting to review the initial drift of the Parking and Downtown Access Plan. The Council approved various amendments to the draft document and initiated the process for preparing a draft and final EIR. It was the Council's desire to establish an expeditious strategy for completing the EIR, so that the Council could consider it and the Plan itself during Summer, 1998. (Note: the schedule shown on page 11 of the attached RFP attempts to reflect the Council's wishes.) On November 7, 1997, the Public Works staff distributed Request for Qualifications (RFQ) to various consultant firms. The purpose of the RFQ was to solicit consultant interest in preparing the EIR and to invite the top-qualified firms to a scoping meeting scheduled for December 4, 1997. The scoping meeting will provide the public an opportunity to review the preliminary scope of work and to identify other concerns(if any)that relate to potential environmental impacts. After the scoping meeting, City staff will refine the draft scope of work as needed and distribute RFPs to the top-qualified consultant firms. Consultants will submit proposals which will be evaluated by staff and the consultant firms ranked;the CAO will approve a contract with the top- ranked firm. The total cost of consultant services may not exceed $100,000, including a 101/6 contingency reserve. Given the sequence of the"scoping meeting"with this Council action,it is possible the EIR's scope may need to be modified to reflect consultant and public input. However,staff does not anticipate Council Agenda Report:Approval of RFP for the Parking and Downtown Access Plan EIR Page 2 any major new areas of concern that could not be accommodated within the proposed budget for this EIR. (Consistent with Council policy, staff will return to the Council if the consultant's cost exceed the approved budget for this EIR.) Normally when consultant services are needed,the City Council is first asked to approve the final Scope of Work and RFP,then the project is advertised and a more lengthy consultant hiring process ensues (often 60+ days). By using the RFQ process for this project, staff hopes to shorten the consultant hiring process while enabling perspective consultants to hear public testimony at the Public Scoping meeting on December 4'. The following table reflects staff s intent for hiring of a consultant team to prepare the EIR: Date Action November 18 Distribute Request for Qualificationsto consultant firms. November 21 Receive RFQs from consultants and establish short list of top-qualified firms. December 2 City Council approves Scope of Work and authorizes distributionof RFP. December 4 Public "Scoping Meeting" held at City Hall with top-qualified consultant funis attending. December 8 Scope of Work amended(if necessary)and final RFP distributed if amendments are not major. (If major amendments are required, RFP will be returned to Council for consideration.) January 5 Consultant proposals are received, reviewed by staff, and a consultant firm selected After January 5'b, it is staff s intent to negotiate any contract issues with the selected consultant, execute a services agreement,and direct the consultant to begin work on February 13th or sooner. The staff will keep the Council informed of any significant schedule modifications. CONCURRENCES: The Community Development Director has reviewed the draft RFP and supports the EIR's scope of work FISCAL I114PACT: $100,000 in Parking Fund revenues will be required to support this EIR project. As of September 30, 1997,the unappropriated balance of the Parking Fund was$2,338,100. Staff recommends that Parking Fund revenues be used because the content of the draft Parking and Downtown Access Plan directly relate to the provision of parking. Council Agenda Report:Approval of RFP for the Parking and Downtown Access Plan EIR Page 3 ALTERNATIVES: The City Council may: 1. Modify the scope of work for the EIR as appropriate. Addition of major new study areas could affect the budget for this project. 2. Continue discussion of this item until a later date. A continuance may delay initiation of the consultant selection process and future Council consideration of the Plan. 3. Decide not to adopt a Parking and Downtown Access Plan and terminate the EIR process. (Staff notes that this alternative was evaluated in the Council Agenda Report for the October 28"meeting.) Attachments Exhibit A: Draft RFP for preparing an EIR for the Parking and Downtown Access Plan. Exhibit B: October 17, 1997 Memo from Arnold Jonas,Community Development Director. VCAR/E9UU?Agrnda Report t-�•3 EXHIBIT "A" �IIIIIIIIII ��I 111111! I � -city of San tuis olilspO NOTICE REQUESTING PROPOSALS FOR CONSULTANT SERVICES TO PREPARE A DRAFT AND FINAL ENVIRONMENTAL IMPACT REPORT (EIR)FOR THE PARKING AND DOWNTOWN ACCESS PLAN SpecificationNumber. December 2, 1997 The City of San Luis Obispo, California, wants to hire a Consultant to prepare draft and final EIR that evaluates the environmental effects of implementing the Parking and Downtown Access Plan. A copy of the draft plan is attached. In its draft form,this Plan proposes that demand for access to our community's downtown commercial area be accommodated by: • Instituting programs that better manage existing public parking facilities; • Constructing additional parking structures;and • Employing an array of"parking demand reduction"(PDR)measures. If your firm wishes to submit a proposal for this project,five(5)copies of the proposal must be received by Public Works Department no later than 3 pm on Friday, Proposals must be delivered or mailed to: City of San Luis Obispo Finance Department 990 Palm Street San Luis Obispo,CA 93401 If you have questions about the attached materials,contact me at the numbers shown below. Respectfully, A] Cablay,Public Works Manager City 9f San Luis Obispo (805)781-7203 Attached: Preliminary Scope of Work 1 I� P I. PRELIMINARY SCOPE OF WORK A. BACKGROUND In August, 1996, the City of San Luis Obispo hired a consultant team headed by Meyer, Mohaddes Associates,Inc. to evaluate parking and access issues in the City's commercial core and to prepare a long- range plan that addresses these issues. On September 29, 1997, an initial draft of the Parking and Downtown Access Plan was distributed to City decision makers and to interested individuals and organizations. On October 28, 1997,this Plan was reviewed by the San Luis Obispo City Council and was modified to incorporate the Council's directions. The Draft Plan attached to this RFP represents the project description to be used for this EIR process. Prior to the release of the Plan,two Progress Reports were published by the Meyer,Mohaddes Associates, Inc. These reports present the results of survey work and highlight key policy issues. Survey data includes an extensive inventory of current parking facilities and their utilization, attitudes of residents living in housing areas surrounding the commercial core, determination of modal choice for commercial core employees and patrons,and an evaluation of the effectiveness of a variety of transportation demand management(TDM)activities. The City's Community Development Department reviewed the Draft Plan and determined that its implementation may have a significant effect on the environment. The attached memorandum from the Community Development Director (dated October 17, 1997) states that an EIR should be prepared and should evaluate the cumulative impacts of constructing multiple parking structures along with changing the City's parking management practices. Areas of focus should include traffic,air quality,aesthetics,cultural resources,and possibly noise. Since there may be substantial public controversy surrounding the adoption of the Plan and its environmental effects,the Public Works Department held a Community EIR Scoping Meeting on December 4th. Consistent with CEQA,the preliminary scope of work for the EIR described in Section C of this RFP responds to: • The issues raised by the Community Development Department (reference the October 17' memorandum); • Environmental concerns raised by the public and the City Council at the October 28, 1997° public meeting; and • Issues raised at the December 2, 1997 City Council Meeting and the December 4, 1997 public scoping meeting. B. OBJECTIVES In ordering the preparation of this EIR,the City's wants to: • Fully comply with the requirements of the California Environmental Quality Act(CEQA); 2 r • Understand the environmental consequences of adopting and fully implementing a Parking and Downtown Access Plan;and • Incorporate into the Plan, where feasible, specific mitigation measures that can eliminate or reduce adverse impacts to less than significant levels. C. FOCUS OF EIR In addition to and in recognition of all elements required by Article 9 of the CEQA guidelines,the EIR for this project will focus on the following impact areas: • Traffic: How will full implementation of the Plan effect the volume and distribution of traffic and resultant levels of service(LOS) in the commercial core and surrounding residential areas?(A specific methodology and rationale for gauging traffic impacts must be presented in the Consultant's proposal for this project.) • Noise: How will full implementation of the Plan and related traffic activity effect ambient noise levels in the commercial core and surrounding and internal residential land uses? • Air Quality Impacts: How will full implementation of the Plan effect air quality in the commercial core and in surrounding residential areas? • Aesthetic Impacts: How will full implementation of the Plan effect views and street scape aesthetics in the commercial core? • Cultural Resources: How will full implementation of the Plan effect identified and potential cultural resources in the commercial core? • Alternatives to the Project: What alternatives to the project will substantially meet the Plan's objective of providing for increased access to the commercial core while avoiding or substantially reducing any of the significant effects of the project? (Plan on evaluating at least two alternatives in addition to the required no project alternative.) D. STANDARDS TO BE USED In preparing the EIR,the following standards will be used to help establish impact thresholds and evaluate program-level impacts: • Traffic Effects on Residential Streets shall use traffic speed, volume, and street classification standards included in the City's General Plan Circulation Element(1994). • Level of Service (LOS) thresholds for traffic congestion shall be as stipulated in the City's General Plan Circulation Element and as employed in other City-sponsored EIR studies.A significant impact is defined as the point at which the service level of an intersection or roadway in the downtown degrades from LOS E or better to LOS F. Significant impacts require feasible improvements to bring the 3 C-o•b service level to LOS E or better. If an intersection or roadway is already operating at LOS F due to an existing deficiency or future traffic growth from cumulative development,then any additional traffic added to the facility is considered a significant impact • Growth Rate for the Commercial Core shall be as assumed in the Draft Parking and Downtown Access Plan("Moderate Growth Rate"). • Noise Thresholds for sensitive receptors shall be as set forth in the City's General Plan Noise Element (1996). • Air Quality Standards for concentrations of air pollutants shall be as established by the California Air Resources Board as interpreted by the San Luis Obispo County Air Pollution Control District E. SOURCES OF INFORMATION AND AVAILABLE TOOLS To assist the Consultant in preparing the EIR, the City will make available the following information sources and analytical tools: • San Luis Obispo Traffic Model (NQNUTP) recently updated by Fehr and Peers Associates in August, 1997. (Note: City staff will not be available to conduct model applications but can provide a copy of the model and documentation to the Consultant) • 24-Hoar Traffic Counts for some downtown streets collected from a variety of sources at various times. • Downtown Access and Parking Plan Progress Report #1 and #2 prepared by Meyer, Mohaddes Associates March and July, 1997(table of contents attached). • Marsh Street Garage Expansion EIR and EIR Comments and Responses Report, October 10, 1997,Prepared by Rincon Associates,City of San Luis Obispo. Various City Base Maps (CAD Release 12 or 13) of the commercial core as well as the entire City. (Contact the Public Works Department Geodata Services Division for more information about maps and related data at(805)781-7167.) • All Graphics in electronic form that are contained in the attached draft Parking and Downtown Access Plan • General Plan Land Use and Circulation Elements (1994) that include standards and policies relevant to commercial core development and city-wide modal split objectives. • General Plan Noise Element(1996)and related handbook. • Other City Transportation Plans including a Short Range Transit Plan (July 1997) and Bicycle Transportation Plan(October 1993). • Neighborhood Parking Regulations that establish the process used to create parking management 4 C 40.7 districts in residential areas. • Programmable Trac Counters (Histar) that create electronic files of volume, speed and vehicle class data (four counters). (Note: City staff will not be available to program, set or retrieve traffic counters, or produce reports. However, staff will provide training to selected Consultant/Sub- consultants as needed.) • A Conceptual Physical Plan for the City's Center (19957 that establishes the urban design framework for providing public and private improvements in the commercial core. • Audio Tapes of the Community Scoping Meeting for this EIR and pertinent City Council sessions as needed. • Clean Air Plan(CAP)published by the County Air Pollution Control District(1995). • Sanbourn Maps showing the potential location of historic and historic archaeological resources plus historic resource inventory files for commercial core structures exceeding 50 years old. II. GENERAL TERMS AND CONDITIONS A. 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 shall be enclosed in an envelope which shall be sealed and addressed to the Public Works Department,City of San Luis Obispo,955 Morro Street, San Luis Obispo, CA, 93401. In order to guard against premature opening, the proposal should be clearly labeled with the proposal title and name of proposer. No FAX submittals will be accepted. 3. Proposal Withdrawal and Opening. A consultant may withdraw its proposal,without prejudice prior to the time specified for the proposal opening, by submitting a written request to the City Engineer for its withdrawal, in which event the proposal will be returned to the Consultant unopened. No proposal received after the time specified or at any place other than that stated in the "Notice Requesting 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 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. 5 d C•�'• 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. B. 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 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"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 proposers. Proposers will provide,in a timely manner,any and all information which the City deems necessary to make such a decision. 8. Agreement Requirement. The Consultant 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. Work shall commence within(10) calendar days after notice to proceed has been sent to the consultant. 9. Insurance Requirements. The Consultant shall provide proof of insurance in the form,coverages, and amounts specified in Exhibit A of these specifications within 10(ten)calendar days after notice of contract award as a preconditionto 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. C. CONTRACT PERFORMANCE 11. Ability to Perform. The Consultant 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. 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. Payment of Taxes. The contract prices shall include full compensation for all taxes which the Consultant is required to pay. 6 C.0�'r/ 14. Permits and Licenses. The Consultant shall procure all permits and licenses,pay all charges and fees,and give all notices necessary. 15. Safety Provisions. The Consultant shall conform to the rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Safety. 16. Public and Employee Safety. Whenever the Consultant'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. 17. Preservation of City Property. The Consultant 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 Consultant's operations, it shall be replaced or restored at the Consultant's expense. The facilities shall be replaced or restored to a condition as good as when the Consultant began work. 18. Immigration Act of 1986. The Consultant warrants on behalf of itself and all subconsultants 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. 19. Consultant Non-Discrimination. In the performance of this work, the Consultant agrees that it will not engage in,nor permit such subconsultants 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. 20. 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 Nature,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. 21. Payment Terms. The City's payment terns 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 Consultant (Net 30). 22. Inspection. The Consultant shall furnish City with every reasonable opportunity for City to ascertain that the services of the Consultant are being performed in accordance with the requirements and intentions of this contract. All work done and all materials furnished,if any,shall 7 C-s-io be subject to the City's inspection and approval. The inspection of such work shall not relieve Consultant of any of its obligations to fulfill its contract requirements. 23. 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. 24. 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 subconsultant 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. 25. 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 claims or liability arising from the established sole negligence or willful misconduct of the City,its agents,officers or employees. 26. 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. Any contract between consultant and a subconsultant in excess of$25,000 shall contain all of the provisions of these General Terms and Conditions. 27. Termination. If, 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 8 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. The provisions of this paragraph do not waive or limit the City's ability to pursue a cause of action for breach of contract against the consultant and to recover all damages allowed by law. If it is later determined by the City of San Luis Obispo that the Consultant had an excusable reason for not performing,such as a strike,fire, or flood, events which are not the fault of, or are beyond the control of the Consultant, the City of San Luis Obispo, after setting up a new delivery or performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. Upon such termination,Consultant shall turn over to the City immediately any and all copies of studies, sketches,drawings,computations,and other data, whether or not completed, prepared by Consultant,and for which Consultant has received reasonable compensation,or given to Consultant in connection with this Agreement. Such materials shall become the permanent property of City. Consultant,however, shall not be liable for City's use of incomplete materials or for City's use of complete documents if used for other than the project contemplated by this Agreement. 9 C..�'�1I M. SPECIAL TERMS AND CONDITIONS 1. Project Management. The proposal must identify a project manager who will oversee all work to be done throughout the duration of this program. The project manager appointed at the beginning of the project should remain with the project throughout until its completion. Project Manager must have an established record for completing projects on time and within budget. The Project Manager will be the liaison between Consultant and City staff, Commissions and with staffs of other involved agencies. 2. Information Provided by City. The City will provide all available land use and transportation information as identified in Section I.E of this RFP. 3. Consultants Insurance Information for Proposal. Refer to Exhibit A for insurance requirements for Consultants. Consultant shall provide documentation of insurance presently carried by Consultant. Consultant shall provide a cost estimate to increase limits should the Consultants present insurance coverage fall short of the required per Exhibit A. 4. Proposal Content. Consultant proposals must include the following information in the order listed: Qualifications (a) Recent experience in performing similar work. (b) Name and resume of the project manager and other individuals who would be assigned to this project (c) Name and resume of the project manager and other individuals working for sub-consultants on this project team. Plan of Work (d) A straightforward and concise statement of how the contract work will be performed. Provide a breakdown of the tasks to be performed with a detailed description of work performed for each task. Include estimated staff hours for each task. (e) Any deviations from the preliminary scope of work included in the City's RFP. (f) Tentative schedule for completing the work consistent with the following table. Show estimated weeks for each task and phase. /�10�r ♦w, - �� B Xe I Consultant Begins Work 2-13-98 on Draft EIR 2 Draft EIR Published for 4-17-98 Public Review 3 Council Meeting to Take 5-5-98 Public Comment on EIR 1 4 Close Public Review 5-18-98 Period and Begin Response to Comments 5 Hold Heanng on Final EIR 7-6-98 for Certification and (Special Meeting) Consider Plan Adoption (g) Services or data assumed by you to be provided by the City or others (ie. not in this agreement). Proposed Compensation (h) Proposed lump sum fees for each major task and phase of work. (i) Hourly billing rates for extra work. Note: Proposed compensation shall be assumed to include all materials, travel, phone/FAX, blueprinting,photocopying, and other incidental costs. Proposed compensation.shall be based on consultant's current level of insurance coverage. Insurance Provide documentation of current insurance coverage. (k) Provide an estimate of cost to increase insurance coverage to comply with Exhibit A. 5. Proposal Length and Copies to be Submitted. Proposals shall be kept to a minimum necessary to address the requirements of the RFP. Five(5)copies of the proposal must be submitted. 6. Proposal Evaluation and Consultant Selection. Proposals will be evaluated by the City based on the following criteria: (a) Understanding of the work required by the City (b) Recent experience in successfully performing similar services as a consultanttearn C., safe/ (c) Demonstrated competence and professional qualifications needed to successfully complete the work required by the City (d) Capability of consultant to manage complicated and controversial projects that involve community planning and traffic and related impact elements. After evaluating the proposals and discussing them fiuther with the finalists or the tentatively selected consultant, the City reserves the right to further negotiate the proposed work and/or method and amount of compensation. 7. Agreement Extension. The term of the agreement may be extended by mutual consent. During this extended period, lump sum prices may not be increased. During this extended period hourly billing rates may not increase by more than the percentage change in the consumer price index for All Urban Consumers(CPI-U),Los Angeles-Long Beach-Anaheim area. 8. Consultant Invoices. The Consultant shall submit a monthly invoice to the City for work completed,itemized by task. 9. Order of Work. Consultant shall not progress to the subsequent tasks of work without approval from the City's Project Manager. The City shall not be responsible for payment of services due to work being done without prior approval from City's Project Manager. 10. Statement of Contract Disqualifications. Each proposer shall submit a statement regarding any past governmental agency bidding or contract disqualifications on the form provided in the RFP package. 11. 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. 12. Release of Reports and Information. Any reports, information,data, or other material given to, prepared by or assembled by the Consultant as part of the work or services under these specifications shall be the property of City and shall not be made available to any individual or organization by the Consultant without the prior written approval of the City. 13. 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. 14. Questions. Questions or information concerning this project may be directed to Tent' Sanville, Principal Transportation Planner, City of San Luis Obispo,Public Works Department,955 Morro Street,CA 93401,(805)781-7178. 12 C•'i-/I IV. DRAFT CONSULTANT SERVICES AGREEMENT THIS AGREEMENT is made and entered into in the City of San Luis Obispo on this_ day of August, 1996, 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, in December, 1997, City requested proposals for the preparation of a draft and final Environmental Impact Report (EIR) that evaluates full implementation of the Parking and Downtown Access Plan(SpecificationNo. ). WHEREAS,pursuant to said 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 of this Agreement is made and entered,as first written above,until acceptance or completion of said services. 2. INCORPORATION BY REFERENCE. City's Request for Proposal (Exhibit A) and Consultant's proposal dated (Exhibit B),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 Consultant shall receive compensation as specified in attached City Request for Proposal (Exhibit A)incorporated into this Agreement. 4. CONSULTANT'S OBLIGATIONS. For and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by City, Consultant agrees with City to provide services as described in Exhibit B attached hereto and incorporated into this Agreement 5. AMENDMENTS. Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the Council 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 representationnot 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, 13 C.. postage prepaid by registered or certified mail addressed as follows: City Public Works Department City of San Luis Obispo 955 Morro Street San Luis Obispo,CA 93401 Consultant 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 John Dunn,City Administrative Officer APPROVED AS TO FORM: By: Jeffrey Jorgensen,City Attorney 14 C'S17 V. INSURANCE REIN jMEMENTS:Consultant SemL"t 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,or his employees. Minimum Scope of Insurance. Coverage shall beat 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 consultanf s profession. Minimum Limits of Insurance. Contractorshall 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/locationor 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 claim and aggregate. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City,approval of which shall not be unreasonablywithheld. 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 and employees are to be covered as additional 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,or employees. 2. For any claims related to this project,the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, or employees. 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,or employees. 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 cancelled except after thirty(30)days'prior written notice 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 with the exception of professional liability insurer which shall have a rating of no less than A-. Verification of Coveraee. 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(approval of which shall not be unreasonably withheld). 6. TEMPORARY SUSPENSION The Public Works Director shall have the authority to suspend this Agreement wholly or in part,for such period as he deems necessary due to unfavorable conditions or to the failure on the part of Consultant to perform any provision of this Agreement. Consultant will be paid the compensation due and payable to the date of temporary suspension. 15 CW ���� �III►II!IIIIIII�����I���Ilal�� ��� City of San Luis Obispo Community Development Department MEMORANDUM TO: Mike McCluskey,Public Works Director FROM: Arnold Jonas, Community Development Director b DATE: 10/17/97 RE: Environmental review for Parking and Downtown Access Plan After considering the alternative approaches for environmental review of the Parking and Downtown Access Plan, I have concluded that an environmental impact report (EIR) should be prepared. The Council would consider the EIR before adopting the plan. State law requires the City Council to make an environmental determination before acting on a project which could affect the environment. A plan such as the Parking and Downtown Access Plan qualifies as a "project" in this case. The need for an EIR, and an EIR's scope, are usually determined through preparation of an "initial study." However, the City may in certain cases determine that an EIR is necessary without an initial study. It will still be useful to prepare an initial study as part of the process of deciding the scope for the EIR. This task can be done by the consultant selected to do the work. The determination that an EIR is the appropriate environmental.review process for the plan is based on the several factors, including a need to analyze potential impacts, the need to analyze cumulative impact, providing the best possible process for public review and comment, and providing the Council with the ability to make findings of overriding consideration should any impacts be identified that cannot be fully mitigated (as was the case with the adoption of the Circulation Element). I anticipate that the scope of the EIR for the Parking and Downtown Access Plan will be much like that for the Marsh Street Garage expansion, focusing on traffic, air quality, aesthetics,cultural resources, and perhaps noise. While an EIR on the plan can be no more specific than the plan's proposals for additional parking structures, it can and should examine the cumulative impacts of multiple structures (along with proposed changes to parking management). While the Land Use Element and Circulation Element Updates EIR assessed cumulative downtown build-out, a specific parking strategy was not part of those elements. The "downtown concept plan" which shows parking . - structures schematically received -a-negative declaration, with the acknowledgment that the component projects which it illustrated would need further environmental review as they progressed from an urban design concept to specific forms and quantities. As you know there has been some controversy surrounding the subject of parking structures in the downtown. While public controversy alone does not require an EIR, it is a factor that bears consideration. An EIR is the best process for accommodating public review comments.