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HomeMy WebLinkAbout05-05-2015 C3 RFP for Subdivision RegulationsCity of San Luis Obispo, Council Agenda Report, Meeting Date, Item Number FROM: Derek Johnson, Community Development Director BY: Brian Leveille, Senior Planner SUBJECT: AUTHORIZE A REQUEST FOR PROPOSAL (RFP) FOR CONSULTANT SERVICES FOR UPDATES TO THE CITY’S SUBDIVISION REGULATIONS RECOMMENDATION 1. Authorize the issuance of request for proposals (RFP) for consultant services to assist staff in updating the City’s Subdivision Regulations; and 2. Authorize the City Manager to award a consultant services agreement in an amount not-to- exceed $50,000 to assist staff with revisions to the Subdivision Regulations. DISCUSSION Background The City’s Subdivision Ordinance (MC 16.00), otherwise known as the “Subdivision Regulations,” regulates the division of real property and implements the State Subdivision Map Act and the City’s General Plan. The ordinance is crucial in guiding the implementation of public improvements, acquiring public parkland, and in regulating the design of residential and commercial subdivisions of land. The ordinance was last comprehensively updated in 2005. Since that time, the State Map Act has been amended, and advancements in the design, regulation and financing associated with real property divisions have changed. Hence, the time has come to amend the regulations. Council previously authorized an RFP for this project on December 16, 2014. Staff issued an RFP with all proposals due by February 25, 2015. Only one proposal was received which staff evaluated as not adequately addressing key RFP scope items such as current Map Act compliance. The proposer was alerted about the lack of response to key components of the RFP. Staff has since refined the RFP scope to clarify tasks which staff anticipates consultant assistance would be most effective in accomplishing, and provides more information on tasks which staff will be completing such as outreach, interdepartmental coordination, and staff report preparation, and is requesting Council authorization to issue a new RFP. If approved, the RFP will be published on the city’s website and distributed to consultants experienced in the preparation of subdivision regulations. The process to update the City’s Subdivision Regulations will involve community outreach and review and approval by the Planning Commission and City Council. 05/05/2015 C3 C3 - 1 Subdivision Regulations Update - Request for Proposal Page 2 Scope of Services City staff is seeking consultant assistance to update the City’s regulations, including the following activities: 1. Identify where regulations need to be updated for consistency with current Subdivision Map Act regulations and include recommendations for processing procedure, streamlining, and reflect community and staff input. 2. Recommend language to address small lot subdivisions, airspace subdivisions, three- dimensional subdivisions, and other forms of ownership which promote infill development. 3. Assist staff with the consultation of other City Departments and include or cross reference other requirements where applicable such as stormwater regulations, building codes, and utility metering requirements. 4. Complete all final document editing and produce final print and web ready versions of the updated document. 5. Optional – Provide design examples illustrating small lot subdivision design and “vertical” or 3-D subdivision, reflecting innovative subdivision opportunities. ENVIRONMENTAL REVIEW No environmental review is required to request consultant assistance. The actual update of the Subdivision regulations is a project under the California Environmental Quality Act and City staff will prepare the appropriate environmental review document as part of the update process. FISCAL IMPACT $50,000 has been earmarked for this effort. These funds were allocated to this effort from City Manager approved fiscal year 2013/2014 carryover funds. ALTERNATIVES 1. Provide direction regarding an amended scope of work and continue authorization of the RFP. 2. Continue consideration of the workscope and RFP with direction to staff on necessary changes. ATTACHMENT 1. Request for Proposal for consultant assistance T:\Council Agenda Reports\2015\2015-05-05\Subdivision Regulations Update RFP (Johnson-Leveille)\Subdivision Regulations RFP-CAR.docx C3 - 2 City of San Luis Obispo Specification No. The City of San Luis Obispo is committed to including disabled persons in all of our services, programs and activities. Telecommunications Device for the Deaf (805) 781-7410. 990 Palm Street  San Luis Obispo, CA 93401 Notice Requesting Proposals for Updates to the City’s Subdivision Regulations The City of San Luis Obispo is requesting sealed proposals for consultant assistance to prepare updates to the City’s Subdivision Regulations pursuant to Specification No. _______. All proposals must be received by the Finance Division by _________p.m. on _______,when they will be opened publicly in the City Hall Council Chambers, 990 Palm Street, San Luis Obispo, CA 93401. Proposals received after said time will not be considered. To guard against premature opening, each proposal shall be submitted to the Finance Division in a sealed envelope plainly marked with the proposal title, specification number, proposer name, and time and date of the proposal opening. Proposals shall be submitted using the forms provided in the specification package. Specification packages and additional information may be obtained by contacting Brian Leveille at (805) 781-7166, or via email at bleveille@slocity.org Attachment 1 C3 - 3 City of San Luis Obispo Specification No. Specification No. TABLE OF CONTENTS A. Introduction Project Summary 1 Project Scope 2 Administration 3 Schedule 4 Detailed Work Program 6-8 B. General Terms and Conditions 9 Contract Award and Execution 10 Contract Performance 10-13 C. Form of Agreement 14-15 D. Insurance Requirements 16-17 E. Proposal Submittal Forms 18 References 19 Past Contract Disqualifications 20 Attachment 1 C3 - 4 City of San Luis Obispo Specification No. _____ -1- Section A INTRODUCTION 1. PROJECT SUMMARY The City of San Luis Obispo is seeking proposals from qualified consulting firms to guide an update to the City’s Subdivision Regulations. The purpose of the update is to align the City’s regulations and processing procedures with the State Subdivision Map Act and to ensure that updated regulations can effectively provide for implementation of City General Plan policies. The Subdivision Regulations will need to be consistent with the Subdivision Map Act, recent case law, and pertinent legal findings. The consultant will review the City’s existing regulations and recommend amendments needed to implement the latest trends in ownership boundaries including commercial and residential airspace subdivisions, three-dimensional subdivisions, lot line adjustments, mixed use commercial/residential developments, and other forms of common interest subdivisions such as creative small lot subdivisions. The consultant will indicate where the Map Act provides for City discretion and will recommend and review proposed language for those instances, including requirements for parcel map exemptions and waivers. In consultation with City Departments (Building, Utilities, Fire, Public Works) the consultant will identify requirements and regulations which should be incorporated into the Subdivision Regulations such as Regional Water Quality Control Board (RWQCB) Low Impact Development (LID) standards. The consultant will also assist City staff in identifying public improvement design elements which should be modified and suggest modifications to other City standards which, working in concert with the Subdivision Regulations would more effectively implement recently adopted City General Plan Land Use and Circulation Element Policy*. *Please note: The actual modification/amendments of design and public improvement standards are not within the scope of the Subdivision Regulations Update work effort. The consultant services are intended to supplement staff production of a revised Subdivision Ordinance. The consultant will be responsible for reviewing existing City regulations for Subdivision Map Act consistency and providing recommended language and ordinance organization to better address both state requirements and local conditions without including excessive overlap between State and Local regulations. City staff will take the lead on efforts at organizing and conducting local outreach and meeting opportunities with community stakeholders such as engineers, surveyors, developers, and local neighborhood groups. The consultant will produce the final document layout and hearing draft including graphics, figures, and tables to ensure the document is “user friendly”. The Consultant will provide a final legislative draft for environmental and hearing review and a final “proof” copy ready for final document publishing at the conclusion of the project. Attachment 1 C3 - 5 City of San Luis Obispo Specification No. -2- 2. PROJECT SCOPE NEED: Focused Amendment of Existing Subdivision Regulations. Budget = $50,000 ACTIVITIES/TASKS: The activities/tasks include the following: 1. Review existing City Subdivision Regulations and indicate where the current regulations need editing and correction for Map Act Consistency; discuss with the project manager, and provide suggested language revisions (with an emphasis on the following): (a) Recommend where the regulations should reference the Map Act instead of interpreting Map Act or wholly reproducing portions of the Map Act; (b) Implementation and consistency with the General Plan including recommendations on modifications to public improvement design elements and other City standards to more effectively implement recently updated General Plan Land Use and Circulation Element policy, processing procedure consistency, streamlining where possible, reflect community and stakeholder input on necessary updates such as the inclusion of clear regulations for airspace subdivisions and small lot development (#2 below); (c) Indicate where the Map Act allows for City discretion in processing procedures, lot design, public improvement, dedication requirements etc.; discuss with project manager, and provide suggested language revisions. 2. Recommend language to address contemporary community/subdivision design including but not limited to small lot subdivisions, airspace subdivisions, three- dimensional subdivisions, and other forms of infill development ownership. 3. With assistance from the City project manager, consult with other departments such as the Public Works, Building, and Utilities Departments to include regulations or cross references to other requirements such as stormwater requirements, building codes, and utility metering requirements. 4. Complete all final document editing and produce final print and web ready versions incorporating graphics, figures, charts, and layout changes identified through the update process. 5. Optional: Potentially provide or subcontract with a designer to provide design examples illustrating small lot subdivision design and “vertical” or 3-D subdivision, reflecting innovative subdivision opportunities. Attachment 1 C3 - 6 City of San Luis Obispo Specification No. -3- The selected consultant will be responsible for drafting the revised regulations and should include assumptions made for each activity that may impact cost . SUBDIVISION REGULATIONS BACKGROUND To view the existing Subdivision Regulations, please see the city website for more information: http://www.slocity.org/government/department-directory/community- development/documents-online/documents-and-codes DELIVERABLES: The final product is a legislative draft document & final document ready for publishing completed with City staff assistance as discussed above and in the detailed work program. 3. ADMINISTRATION PERSONNEL: Brian Leveille, Senior Planner with the Community Development Department is the project lead and will be assisted by Public Works staff and the City Attorney’s office. The Subdivision Regulations comprise Chapter 16 of the City’s Municipal Code. Amendments to the Municipal Code require review by the Planning Commission and final action by the City Council. The Planning Commission consists of 7 members appointed by the City Council. The City Council consists of 5 elected officials. City staff involved in the update include the City Attorney (for review of legal matters and Subdivision Map Act interpretation), Utilities Department, Parks and Recreation Department (for review of parkland impact fees and associated policies), Fire and Police Department (review of emergency access and other standards and review procedures which should be included) and Public Works staff to review for other standards and requirements which should be cross-referenced or included in the regulations, such as storm water requirements. Community Development Department staff will serve as the project lead and assist with input and coordination between Departments and incorporation and consideration of public input where appropriate. Attachment 1 C3 - 7 City of San Luis Obispo Specification No. -4- SCHEDULE: Table 1 ACTIVITY CONSULTANT CITY SCHEDULE Planning staff prepares Request for Proposals (RFP) X May 2015 RFP sent to qualified consultants/Legal Ad X May 19, 2015 Responses due X June 16, 2015 City response to consultants regarding whether submittal will be considered through subsequent interview X June 24, 2015 Interview consultants (If needed) X July 7, 2015 Select consultant and enter into contract X July 21, 2015 Initial kick-off meeting with staff team X X late July 2015 outreach/website updates performed by City staff X late July, August 2015 Background research, recommended updates (Tasks 1-4 above) X late July (following kickoff) - October Prepare rough draft regulations X Late October – early November, 2015 Provide internal review to verify subject matter is covered & revise draft as needed. X X November 2015 Environmental Review Document (CEQA) prepared by staff X November-December 2015 Second public outreach effort. meetings, outreach, website X November-December 2015 Review by Parks and Rec Commission or other advisory bodies (if necessary) X November-December 2015 Prepare hearing draft X January 2016 Public Hearing 1 (Planning Commission) X February 2016 Public Hearing 2 (Council) X X March 2016 Create Final products and deliver to City X March 2016 Publish final Document X April 2016 Attachment 1 C3 - 8 City of San Luis Obispo Specification No. _____ -5- Subdivision Regulations Update Detailed Work Program Consultant to add detailed costs associated with each Task in section F above. High Level Activities/Milestones Responsible Parties Schedule of Deliverables TASK 1. PROGRAM INITIATION Sub-Task A Initiate Program Kick Off Meeting, highlight areas for document update, set goals, establish project schedule in Microsoft Project or Visio City Staff and Consultants late July – early August 2015 Phase Deliverables: Detailed project schedule Project outline based on activities/tasks 1-5 TASK 2. OUTREACH Sub-Task A Outreach Provide developers, engineers, surveyors, and neighborhood groups with an overview of Subdivision Regulations Update efforts and obtain feedback in an effort to understand what is working/not working. Sub-Task B Compile list of feedback and evaluate potential for update in regulations City Staff Consultants and City Staff late July – August Phase Products: outreach meetings (developers, engineers, surveyors, neighborhood groups) Compile list of updates to be considered and include in working draft update document for further evaluation. TASK 3. PREPARE DRAFT REGULATIONS Sub-Task A Prepare a set of draft regulations including all activities listed in activity/tasks 1-4 based on research and review of current SMA requirements, case law; include suggested edits to update the regulations consistent with the department feedback, contemporary subdivision Consultant Late October-early November Phase Products: Rough Draft of Regulations for further internal review and possible revisions. Attachment 1 C3 - 9 City of San Luis Obispo Specification No. -6- High Level Activities/Milestones Responsible Parties Schedule of Deliverables design, and any needed cross reference to regulations, etc. Task 4. Second Public Outreach Effort Sub-Task A Conduct follow up meetings based on feedback and draft updates included in rough draft regulations. Sub-Task B Record and compile feedback and evaluate for potential inclusion in final hearing drafts City Staff Consultant and City Staff November – December 2015 Phase Products: Outreach meetings with (developers, engineers, surveyors, neighborhood groups). Compile additional feedback for further internal evaluation and consideration in final hearing drafts. Task 5. Prepare Hearing Draft of Regulations Update Sub-Task A Prepare final legislative draft for staff review (Administrative Draft) Sub-Task B Prepare Public hearing draft of Subdivision Regulations for Planning Commission Review Consultant Consultant January 2015 Administrative Draft Final Draft for Planning Commission Review & CEQA analysis Task 6. CEQA Sub-Task A Prepare Initial Study City Staff January 2016 Initial Study Document/Negative Declaration Attachment 1 C3 - 10 City of San Luis Obispo Specification No. -7- High Level Activities/Milestones Responsible Parties Schedule of Deliverables Task 7. Final Documents and Adoption Sub-Task A Final hearing drafts for Planning Commission & City Council Sub-Task B Planning Commission and City Council hearing document preparation Planning Commission and City Council hearings Consultant City Staff Consultant and City Staff February-March 2016 Final legislative draft in print and electronic versions Staff Reports with attachments, final resolutions, ordinance, and presentation preparation Hearing attendance with Powerpoint presentation and availability for questions Task 8. Publish final document Sub-Task A Create final products and deliver to City Sub-Task B Publish final document Consultant City Staff April – May 2016 Final print and web ready documents Final print copies and web publishing Attachment 1 C3 - 11 City of San Luis Obispo Specification No. -8- AVAILABLE RESOURCES City documents include: Document Location General Plan http://www.slocity.org/government/department-directory/community-development/planning-zoning/general-plan (Land Use, Circulation, Noise, Safety, Water and Wastewater, Conservation and Open Space, Housing, and Parks and Recreation Elements) New General Plan update: http://www.slo2035.com/ Climate Action plan http://www.slocity.org/home/showdocument?id=4086 Stormwater Management Plan http://www.slocity.org/home/showdocument?id=4913 Zoning Regulations http://www.slocity.org/home/showdocument?id=5861 Subdivision Regulations http://www.slocity.org/home/showdocument?id=4308 Community Design Guidelines http://www.slocity.org/home/showdocument?id=2104 City of San Luis Obispo Municipal code http://www.codepublishing.com/ca/sanluisobispo/ Land Use Element Map http://www.slocity.org/government/department-directory/community-development/planning-zoning/general-plan Attachment 1 C3 - 12 City of San Luis Obispo Specification No. 91138 -9- Section B GENERAL TERMS AND CONDITIONS (the legal stuff) PROPOSAL REQUIREMENTS 1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal (proposer) shall meet all of the terms, and conditions of the Request for Proposals (RFP) specifications package. By virtue of its proposal submittal, the proposer acknowledges agreement with and acceptance of all provisions of the RFP specifications. 2. Proposal Submittal. Each proposal must be submitted on the form(s) provided in the specifications and accompanied by any other required submittals or supplemental materials. Proposal documents shall be enclosed in an envelope that shall be sealed and addressed to the Department of Finance, City of San Luis Obispo, 990 Palm Street, San Luis Obispo, CA, 93401. In order to guard against premature opening, the proposal should be clearly labeled with the proposal title, specification number, name of proposer, and date and time of proposal opening. No FAX submittals will be accepted. 3. Insurance Certificate. Each proposal must include a certificate of insurance showing: a. The insurance carrier and its A.M. Best rating. b. Scope of coverage and limits. c. Deductibles and self-insured retention. The purpose of this submittal is to generally assess the adequacy of the proposer’s insurance coverage during proposal evaluation; as discussed under paragraph 12 below, endorsements are not required until contract award. The City’s insurance requirements are detailed in Section E. 4. Proposal Quotes and Unit Price Extensions. The extensions of unit prices for the quantities indicated and the lump sum prices quoted by the proposer must be entered in figures in the spaces provided on the Proposal Submittal Form(s). Any lump sum bid shall be stated in figures. The Proposal Submittal Form(s) must be totally completed. If the unit price and the total amount stated by any proposer for any item are not in agreement, the unit price alone will be considered as representing the proposer's intention and the proposal total will be corrected to conform to the specified unit price. 5. Proposal Withdrawal and Opening. A proposer may withdraw its proposal, without prejudice prior to the time specified for the proposal opening, by submitting a written request to the Director of Finance for its withdrawal, in which event the proposal will be returned to the proposer unopened. No proposal received after the time specified or at any place other than that stated in the "Notice Inviting Bids/Requesting Proposals" will be considered. All proposals will be opened and declared publicly. Proposers or their representatives are invited to be present at the opening of the proposals. 6. Submittal of One Proposal Only. No individual or business entity of any kind shall be allowed to make or file, or to be interested in more than one proposal, except an alternative proposal when specifically requested; however, an individual or business entity that has submitted a sub-proposal to a proposer submitting a proposal, or who has Attachment 1 C3 - 13 City of San Luis Obispo Specification No. 91138 -10- 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. 7. Cooperative Purchasing. During the term of the contract, the successful proposer will extend all terms and conditions to any other local governmental agencies upon their request. These agencies will issue their own purchase orders, will directly receive goods or services at their place of business and will be directly billed by the successful proposer. 8. Communications. All timely requests for information submitted in writing will receive a written response from the City. Telephone communications with City staff are not encouraged, but will be permitted. However, any such oral communication shall not be binding on the City. CONTRACT AWARD AND EXECUTION 9. Proposal Retention and Award. The City reserves the right to retain all proposals for a period of 60 days for examination and comparison. The City also reserves the right to waive non-substantial irregularities in any proposal, to reject any or all proposals, to reject or delete one part of a proposal and accept the other, except to the extent that proposals are qualified by specific limitations. See the "special terms and conditions" in Section C of these specifications for proposal evaluation and contract award criteria. 10. Competency and Responsibility of Proposer. The City reserves full discretion to determine the competence and responsibility, professionally and/or financially, of proposers. Proposers will provide, in a timely manner, all information that the City deems necessary to make such a decision. 11. Contract Requirement. The proposer to whom award is made (Contractor) shall execute a written contract with the City within ten (10) calendar days after notice of the award has been sent by mail to it at the address given in its proposal. The contract shall be made in the form adopted by the City and incorporated in these specifications. 12. Insurance Requirements. The Contractor shall provide proof of insurance in the form, coverages and amounts specified in Section D of these specifications within 10 (ten) calendar days after notice of contract award as a precondition to contract execution. 13. Business License & Tax. The Contractor must have a valid City of San Luis Obispo business license and tax certificate before execution of the contract. Additional information regarding the City's business license and tax program may be obtained by calling (805) 781-7134. CONTRACT PERFORMANCE 14. Ability to Perform. The Contractor warrants that it possesses, or has arranged through subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry out and complete the work hereunder in compliance with any and all federal, state, county, city, and special district laws, ordinances, and regulations. 15. Laws to be Observed. The Contractor shall keep itself fully informed of and shall observe and comply with all applicable state and federal laws and county and City of Attachment 1 C3 - 14 City of San Luis Obispo Specification No. 91138 -11- San Luis Obispo ordinances, regulations and adopted codes during its performance of the work. 16. Payment of Taxes. The contract prices shall include full compensation for all taxes that the Contractor is required to pay. 17. Permits and Licenses. The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary. 18. Safety Provisions. The Contractor shall conform to the rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Safety. 19. Public and Employee Safety. Whenever the Contractor's operations create a condition hazardous to the public or City employees, it shall, at its expense and without cost to the City, furnish, erect and maintain such fences, temporary railings, barricades, lights, signs and other devices and take such other protective measures as are necessary to prevent accidents or damage or injury to the public and employees. 20. Preservation of City Property. The Contractor shall provide and install suitable safeguards, approved by the City, to protect City property from injury or damage. If City property is injured or damaged resulting from the Contractor's operations, it shall be replaced or restored at the Contractor's expense. The facilities shall be replaced or restored to a condition as good as when the Contractor began work. 21. Immigration Act of 1986. The Contractor warrants on behalf of itself and all subcontractors engaged for the performance of this work that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder. 22. Contractor Non-Discrimination. In the performance of this work, the Contractor agrees that it will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment of persons because of age, race, color, sex, national origin or ancestry, sexual orientation, or religion of such persons. 23. Work Delays. Should the Contractor be obstructed or delayed in the work required to be done hereunder by changes in the work or by any default, act, or omission of the City, or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or labor due to federal government restrictions arising out of defense or war programs, then the time of completion may, at the City's sole option, be extended for such periods as may be agreed upon by the City and the Contractor. In the event that there is insufficient time to grant such extensions prior to the completion date of the contract, the City may, at the time of acceptance of the work, waive liquidated damages that may have accrued for failure to complete on time, due to any of the above, after hearing evidence as to the reasons for such delay, and making a finding as to the causes of same. 24. Payment Terms. The City's payment terms are 30 days from the receipt of an original invoice and acceptance by the City of the materials, supplies, equipment or services provided by the Contractor (Net 30). In accordance with the Grant Guidelines, fifteen percent (15%) of the amounts submitted for reimbursement will be withheld and issued as a final payment upon agreement completion, at the sole discretion of the state. All Attachment 1 C3 - 15 City of San Luis Obispo Specification No. 91138 -12- expenditures must be itemized on the invoice form. For each expenditure of $500 or more, copies of supporting documentation (time sheets, payroll stubs, receipts, etc.) must be submitted with the invoice. 25. Inspection. The Contractor shall furnish City with every reasonable opportunity for City to ascertain that the services of the Contractor are being performed in accordance with the requirements and intentions of this contract. All work done and all materials furnished, if any, shall be subject to the City's inspection and approval. The inspection of such work shall not relieve Contractor of any of its obligations to fulfill its contract requirements. 26. Audit. The City shall have the option of inspecting and/or auditing all records and other written materials used by Contractor in preparing its invoices to City as a condition precedent to any payment to Contractor. 27. Interests of Contractor. The Contractor covenants that it presently has no interest, and shall not acquire any interest—direct, indirect or otherwise—that would conflict in any manner or degree with the performance of the work hereunder. The Contractor further covenants that, in the performance of this work, no subcontractor or person having such an interest shall be employed. The Contractor certifies that no one who has or will have any financial interest in performing this work is an officer or employee of the City. It is hereby expressly agreed that, in the performance of the work hereunder, the Contractor shall at all times be deemed an independent contractor and not an agent or employee of the City. 28. Hold Harmless and Indemnification. The Contractor agrees to defend, indemnify, protect and hold the City and its agents, officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to the Contractor's employees, agents or officers that arise from or are connected with or are caused or claimed to be caused by the acts or omissions of the Contractor, and its agents, officers or employees, in performing the work or services herein, and all expenses of investigating and defending against same; provided, however, that the Contractor's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents, officers or employees. 29. Contract Assignment. The Contractor shall not assign, transfer, convey or otherwise dispose of the contract, or its right, title or interest, or its power to execute such a contract to any individual or business entity of any kind without the previous written consent of the City. 30. Termination. If, during the term of the contract, the City determines that the Contractor is not faithfully abiding by any term or condition contained herein, the City may notify the Contractor in writing of such defect or failure to perform. This notice must give the Contractor a 10 (ten) calendar day notice of time thereafter in which to perform said work or cure the deficiency. If the Contractor has not performed the work or cured the deficiency within the ten days specified in the notice, such shall constitute a breach of the contract and the City may terminate the contract immediately by written notice to the Contractor to said effect. Attachment 1 C3 - 16 City of San Luis Obispo Specification No. 91138 -13- Thereafter, neither party shall have any further duties, obligations, responsibilities, or rights under the contract except, however, any and all obligations of the Contractor's surety shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the termination thereof. In said event, the Contractor shall be entitled to the reasonable value of its services performed from the beginning date in which the breach occurs up to the day it received the City's Notice of Termination, minus any offset from such payment representing the City's damages from such breach. "Reasonable value" includes fees or charges for goods or services as of the last milestone or task satisfactorily delivered or completed by the Contractor as may be set forth in the Agreement payment schedule; compensation for any other work, services or goods performed or provided by the Contractor shall be based solely on the City's assessment of the value of the work-in-progress in completing the overall work scope. 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. The City also may terminate this contract at any time by giving the Contractor written notice of such termination. Immediately upon receipt of notice of termination, Contractor shall discontinue work on the project and incur no further obligations or expenses. Contractor shall be paid the percentage of the total cost that corresponds to the percentage of the document(s) that are satisfactorily completed prior to the Contractor’s receipt of said termination. Attachment 1 C3 - 17 City of San Luis Obispo Specification No. 91138 -14- Section C FORM OF AGREEMENT AGREEMENT THIS AGREEMENT is made and entered into in the City of San Luis Obispo on [day, date, year] by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and [CONTRACTOR’S NAME IN CAPITAL LETTERS], hereinafter referred to as Contractor. W I T N E S S E T H: WHEREAS, on [date], City requested proposals for an update to the Subdivision Regulations and preparation of Environmental Initial Study, per Specification No. _________ (project); and WHEREAS, pursuant to said request, Contractor submitted a proposal that was accepted by City for said project; 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 project. 2. INCORPORATION BY REFERENCE. City Specification No. ________ and Contractor's proposal dated [date], are hereby incorporated in and made a part of this Agreement. 3. CITY'S OBLIGATIONS. For providing the services as specified in this Agreement, City will pay and Contractor shall receive therefore compensation in a total sum not to exceed [$ .00. 4. CONTRACTOR'S OBLIGATIONS. For and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by City, Contractor agrees with City to do everything required by this Agreement and the said specification as described in Exhibit [ ] attached hereto and incorporated into this Agreement and to comply with the terms set forth in Exhibits B, C and E 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 City Manager of the City. Attachment 1 C3 - 18 City of San Luis Obispo Specification No. 91138 -15- 6. COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding or representation be binding upon the parties hereto. 7. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows: City City Clerk City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Contractor Name Address 8. AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do covenant that each individual executing this agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. ATTEST: CITY OF SAN LUIS OBISPO ________________________________ By:_____________________________________ City Clerk City Manager APPROVED AS TO FORM: CONTRACTOR ________________________________ By: _____________________________________ City Attorney Attachment 1 C3 - 19 City of San Luis Obispo Specification No. 91138 -16- Section D INSURANCE REQUIREMENTS: Environmental Contractors and Consultants Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors. General Liability, Errors and Omissions should be maintained for a minimum of five (5) years after contract completion. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001 or Claims Made Form CG 0002). 2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto), or code 8, 9 if no owned autos. 3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. 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 Insurance 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 each accident, $1,000,000 policy limit bodily injury by disease, $1,000,000 each employee bodily injury by disease. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the Entity. Other Insurance Provisions. The following insurance provisions shall also apply: 1. The general liability, automobile liability and/or errors & omissions policies are to contain, or be endorsed to contain, the following provisions: a. The City, its officers, officials, employees, agents and volunteers 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;, 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 Entity, its officers, officials, employees, agents or volunteers. Note: Automobile and/or Errors and Omissions insurance carriers may not name the City as Additional Insured. If the City cannot be named as Additional Insured, a letter from the insurance company confirming their position required. b. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. Attachment 1 C3 - 20 City of San Luis Obispo Specification No. 91138 -17- c. 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. d. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party except after thirty (30) days prior written notice has been given to the City. 2. If General Liability and/or Errors & Omissions coverages are written on a Claims Made Form: a. The "Retro Date" must be shown, and must be before the date of the contract or the beginning of contract work. b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract or work. c. If the coverage is canceled or non-renewed, and not replaced with another claims made policy form with a "Retro Date" prior to the contract effective date, the Contractor must purchase "extended reporting" coverage for a minimum of five years after completion of the contract or work. d. A copy of the claims reporting requirements must be submitted to the City for review. 3. The workers compensation policy shall be endorsed with a waiver of subrogation in favor of the City. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Verification of Coverage. Contractor shall furnish the City with certified copies of endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City, unless the insurance company will not use the City's form. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. Attachment 1 C3 - 21 City of San Luis Obispo Specification No. 91138 -18- Section E Proposal Submittal Forms: Contractors and Consultants The undersigned declares that she or he has carefully examined Specification No. ______, including the description of the work program which is hereby made a part of this proposal; is thoroughly familiar with its contents; is authorized to represent the proposing firm; and agrees to perform the specified work for the following cost quoted in full: Description 2015-16 Task 1 Task 2 Task 3 Task 4 Task 5 Task 6 Task 7 Task 8 Other Costs (please specify) TOTAL $  Certificate of insurance attached; insurance company’s A.M. Best rating: __________________. Firm Name and Address Contact Phone Signature of Authorized Representative Date Attachment 1 C3 - 22 City of San Luis Obispo Specification No. 91138 -19- REFERENCES Number of years engaged in providing the services included within the scope of the specifications under the present business name: . Describe fully the last three contracts performed by your firm that demonstrate your ability to provide the services included with the scope of the specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference No. 1 Customer Name Contact Individual Telephone & FAX number Street Address City, State, Zip Code Description of services provided including contract amount, when provided and project outcome Reference No. 2 Customer Name Contact Individual Telephone & FAX number Street Address City, State, Zip Code Description of services provided including contract amount, when provided and project outcome Reference No. 3 Customer Name Contact Individual Telephone & FAX number Street Address City, State, Zip Code Description of services provided including contract amount, when provided and project outcome Attachment 1 C3 - 23 City of San Luis Obispo Specification No. 91138 -20- STATEMENT OF PAST CONTRACT DISQUALIFICATIONS The proposer shall state whether it or any of its officers or employees who have a proprietary interest in it, has ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of the violation of law, a safety regulation, or for any other reason, including but not limited to financial difficulties, project delays, or disputes regarding work or product quality, and if so to explain the circumstances.  Do you have any disqualification as described in the above paragraph to declare? Yes  No   If yes, explain the circumstances. Executed on at _______________________________________ under penalty of perjury of the laws of the State of California, that the foregoing is true and correct. ______________________________________ Signature of Authorized Proposer Representative Attachment 1 C3 - 24