HomeMy WebLinkAbout04-02-2013 c5 preparation of local hazard mitigation plancounci l1arenas Report
Meeting Date
April 2, 201 3
Mm Number
C 5
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C I T Y O F S A N L U I S O B I S P O
FROM :
Charlie Hines, Fire Chie f
Prepared By :Julie Cox, Administrative Analys t
SUBJECT :REQUEST FOR PROPOSALS FOR CONSULTANT FOR UPDATING LOCA L
HAZARD MITIGATION PLA N
RECOMMENDATION
1.Approve the scope of work for the Local Hazard Mitigation Plan (LHMP) Update an d
authorize staff to proceed with issuing a Request for Proposal (RFP) to qualified consultin g
firms .
2.Authorize the City Manager to award the contract to a qualified consulting firm fo r
consultant services provided proposal is within budgeted amount .
DISCUSSION
Backgroun d
On December 13, 2011, the City Council authorized staff to apply for a 2012 Pre-Disaste r
Mitigation grant from the California Emergency Management Agency (Cal EMA) to fund an updat e
to the Local Hazard Mitigation Plan (LHMP). In May 2012, the City received notification fro m
CalEMA that the grant to update the LHMP was funded . The total approved for the project i s
$64,711, with $48,511 (75%) in Federal funds (administered through Cal EMA) and a local matc h
of in-kind services of $16,200 (25%).
The original LHMP was approved by the Federal Emergency Management Agency (FEMA) o n
October 2, 2006 . The plan is valid for five years from the date of approval . The plan must b e
reviewed, updated and submitted to FEMA for approval at least once every five years . The plan is
now out of date and the grant funding from FEMA provides a maximum of $48,600 for consultan t
services to update the LHMP . The LHMP must be updated in order to be eligible for Federa l
Emergency Management Agency (FEMA) hazard mitigation project grant funding .
Situatio n
The RFP includes specifications developed by the San Luis Obispo Fire Department after researc h
and meetings with Community Development, Public Works and Police Departments . Other citie s
who have received the same grant have also been contacted for information .
The RFP is intended to cover all labor, tools, equipment, materials, and any supervision necessary
to facilitate the LHMP update planning and approval process . The consultant will have a stron g
foundation to work from because the City has a LHMP that was approved in 2006 . While this pla n
no longer qualifies as a valid plan due to its age, much of the information is still accurate and will
be of use in the update . The Fire Department has assembled a Hazard Mitigation Planning Team o f
City personnel, including staff from : Fire Department, Public Works, Community Development ,
and the Police Department .
Developing an LHMP includes identifying and assessing the natural and man-made hazards tha t
threaten the City . The consultant will review the hazards with the Hazard Mitigation Planning Tea m
and request input for strategies to mitigate these hazards . The selected consultant will be responsibl e
for the following items :
1.Kick-off meeting with City staff.
2.Review current LHMP .
3.Create report documenting deficiencies and provide data needed for update .
4.Conduct necessary research and analysis to prepare written LHMP update as prescribed b y
FEMA's Local Mitigation Plan Review Guide .
5.Conduct one public outreach meeting to present findings and obtain feedback on draf t
strategies being considered for inclusion in LHMP .
6.Provide strategy summary for review prior to preparation of draft LHM P
7.Prepare administrative draft LHMP for City staff review .
8.Prepare public review draft LHMP and submit to CalEMA and FEMA for review .
9.Conduct one public outreach meeting to present draft document .
10.Make revisions requested by City staff, CaIEMA or FEMA .
11.Other related tasks in accordance with FEMA LHMP guidelines .
12.Assist in preparation of, and attend City Council presentation(s).
Optional Task that will be priced separately :
13.Review Safety Element of General Plan and provide recommendations for compliance wit h
AB 2140 . Compliance with AB 2140 is not required and may require changes that are ou t
of scope with the LHMP effort, therefore this is called out as a separate effort .
If a jurisdiction is compliant with AB 2140, the Legislature may provide for up to 100% of tota l
state eligible costs for certain disaster recovery projects funded with California Disaster Assistanc e
Act . Compliance with AB 2140 is optional . If a jurisdiction is not compliant with AB 2140 th e
eligible project is limited to no more that 75% of total state eligible costs .
Estimated timeline for completion of LHMP is March 2014 with submittal of LHMP to Cal EMA fo r
approval in April 2014 . Following approval from Cal EMA, the LHMP will be submitted to FEMA fo r
approval . Completion of plan approval by FEMA estimated for December 2014 .
Consultant Selection Timelin e
The following is an outline of the anticipated schedule for proposal review and contract award :
1 .RFP issued 4/3/201 3
2 .Proposal deadline 5/1/201 3
3 .Proposal evaluation completed 5/8/201 3
4 .Staff recommendation finalized 5/10/201 3
5 .Contract awarded 5/20/2013
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•6 .Contract executed
5/29/201 3
7.Work begins
6/03/201 3
8.Grant work must be completed
4/30/201 5
CONCURRENCE S
Other City Departments, including Community Development, Public Works and Police wer e
consulted in the preparation of the project's work program and RFP . FISCAL IMPAC T
Participation of staff on the Hazard Mitigation Planning Team will be used for the in-kind matc h
required. No additional general funds will be used, and the bulk of staff time will come from th e
Fire Department . The contract for the grant performance requires that 10% of the payment b e
withheld until the grant is closed out . This provision has been included in the RFP contrac t
information .
ALTERNATIVE S
Provide specific direction to staff on any changes to the scope of the work or do not approve th e
RFP . These alternatives are not recommended due to the need to complete the LHMP update in a
timely manner .
ATTACHMENT S
•1 .RFP for consultant for Local Hazard Mitigation Plan Updat e
2 .Proposers Lis t
t:lcaunoi a . -nda lo ..:.1~p13'201 local hazy i counal cansNlanldocx
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!M city o fasan Luis osispo 990 Palm Street ■ San Luis Obispo,CA 9340 1
Notice Requesting Proposals for
CITY OF SAN LUIS OBISPO LOCAL HAZARD MITIGATION PLAN
April 201 3
The City of San Luis Obispo is requesting proposals to update the Local Hazard Mitigation Pla n
pursuant to Specification No . 91197 . All proposals must be received by the Finance Division by 2 :0 0
p .m . on Wednesday,May 1, 2013 when they will be opened publicly in the City Hall Counci l
Chambers, 990 Palm Street, San Luis Obispo, CA 93401 .
Proposals received after said time will not be considered . To guard against premature opening, eac h
proposal shall be submitted to the Finance Division in a sealed envelope plainly marked with th e
proposal title, specification number, bidder name, and time and date of the proposal opening . Proposal s
shall be submitted using the forms provided in the specification package .
Specification packages and additional information may be obtained by contacting Julie Cox ,
Administrative Analyst at email address :jcoxAslocity .org or phone : (805) 781-7382 .
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Specification No . 9119 7
TABLE OF CONTENTS
A.Description of Work
Backgroun d
Scope of Work
Available Resource s
B .
General Terms and Condition s
Proposal Requirement s
Contract Award and Executio n
Contract Performance
C.Special Terms and Conditions
Proposal Conten t
Proposal Evaluation and Selectio n
Proposal Review and Award Schedul e
Ownership of Material s
Release of Reports and Informatio n
Copies of Reports and Informatio n
Required Deliverable Product s
Attendance at Meetings and Hearing s
D.Agreemen t
E.Insurance Requirements
F.Proposal Submittal Form s
Proposal Submittal Summar y
Reference s
Statement of Past Disqualifications
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Section A
DESCRIPTION OF WOR K
The City is seeking proposals from experienced hazard mitigation planning consultants to update th e
City's 2006 single jurisdiction Local Hazard Mitigation Plan (LHMP). The City has been awarded a
Ca1EMA grant for this project and proposal must meet the conditions of that award .
BACKGROUND
The city of San Luis Obispo is located in California midway between San Francisco and Los Angeles .
The Pacific Ocean is 11 miles (18 km) west of San Luis Obispo . The Santa Lucia Mountains lie just eas t
of San Luis Obispo . The City of San Luis Obispo is approximately 12 .8 square miles . The topography of
San Luis Obispo is extremely hilly . Additionally, State Highways 1 and 101, San Luis Creek, Souther n
Pacific Railroad lines, and mountains split the community . The City has a residential population of
45,119, but as the County Seat, tourist destination and economic center of the County, the daytim e
population increases to well over 75,000 .
There are a number of potential natural and technological threats which could impact the City of Sa n
Luis Obispo, including earthquakes, hazardous material incidents, flooding, wildland fires, wildlan d
urban interface fires, commercial nuclear power plant, terrorism, and other natural and technologica l
hazards . Diablo Canyon Nuclear Power Plant, operated by Pacific Gas and Electric Company, consists o f
two nuclear power generating units . This plant is located on the San Luis Obispo County coas t
approximately 12 miles southwest of the City . Diablo Canyon has been identified as a potential terroris t
target and is on the California National Guard's Critical Asset List . The City is in the Basic Emergenc y
Planning Zone (BEPZ) established by the California Emergency Management Agency (Cal EMA) a s
required by the Nuclear Regulatory Commission and FEMA .
In May, 2011 the City of San Luis Obispo received written confirmation from Insurance Services Offic e
the CRS rating improved from 8 to 7 . In December 2010, the City of San Luis Obispo receive d
notification from Insurance Services Office that they completed the analysis of the building codes . The
resulting Building Code Effectiveness Grading Classification is 2 for 1 and 2 family residential propert y
and 3 for commercial and industrial property .
The City of San Luis Obispo is located in San Luis Obispo County, primarily a rural and agricultural are a
encompassing 3,300 square miles of land, 100 miles of coastline, and home to over 238,000 residents .
SCOPE OF WORK
This RFP is intended to cover all labor, tools, equipment, materials, and any supervision necessary t o
complete the LHMP update planning and approval process . The consultant will have a strong foundatio n
to work from because the City has a LHMP that was approved in 2006 . The City will be responsible fo r
assembling a Hazard Mitigation Planning Team consisting of City personnel, including : Fire Department ,
Public Works, Community Development, and the Police Department . The consultant will identify and
assess the natural and man-made hazards that threaten the City . They will review the hazards with th e
Hazard Mitigation Planning Team and include input from the team, in addition to Best Managemen t
Practices from other communities, for strategies to mitigate these hazards . The selected consultant will b e
responsible for the following items :
1 . Kick-off meeting with City staff.
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2 . Review current LHMP .
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3 . Create report documenting deficiencies and provide data needed for update .
4.Conduct necessary research and analysis to prepare written LHMP update as prescribed b y
FEMA's Local Mitigation Plan Review Guide.
5.Conduct one public outreach meeting to present findings and obtain feedback on draft strategie s
being considered for inclusion in LHMP .
6.Provide strategy summary for review prior to preparation of draft LHM P
7.Prepare administrative draft LHMP for City staff review .
8.Prepare public review draft LHMP and submit to Ca1EMA and FEMA for review .
9.Conduct one public outreach meeting to present draft document .
10.Make revisions requested by City staff, CalEMA or FEMA .
11.Other related tasks in accordance with FEMA LHMP guidelines .
12.Assist in preparation of, and attend City Council presentation(s).
Optional Task (please price separately )
13.Review Safety Element of General Plan and provide recommendations for how to update elemen t
to comply with AB 2140 .
AVAILABLE RESOURCE S
Documents include :
Document Location
2006 Local Hazar d
Mitigation Plan
http ://www .slocity.org/fire/download/2006%201hmp .pdf
County of San Lui s
Obispo Loca l
Hazard Mitigation
Plan
http ://www .slocounty .ca.gov/Assets/OES/Plans/LHMP+2011 .pd f
State of Californi a
Local Hazard
Mitigation Plan
http ://hazardmitigation .calema .ca.gov/dots/2010 SHMP Final .pd f
Emergenc y
Operations Plan
http ://www.slocitv .org/fire/download/Emere .%200perations%2OPlan%202011 .pd f
General Plan of Sa n
Luis Obispo Cit y
(Land Use ,
Circulation, Noise ,
Safety, Water and
Wastewater ,
Conservation an d
Open Space ,
Housing, and Parks
and Recreation
Elements)
http ://www .slocity .org/communitydevelopment/Long%20Range/generalplan .as p
Margarita Are a
Specific Plan
http ://www.slocity .org/communitydevelopment/download/masp(print4-06).pdf
Airport Are a
Specific Plan
http ://www.slocity .org/conununitydevelopment/docsandforms/AASP(Press).pdf
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Orcutt Are a
Specific Plan
http ://www .slocity .org/communitydevelopment/OASP/Orcutt%2OArea%2OSpecifi
c%2OPlan%20(August%2020I0).pdf
Climate Actio n
Plan
http ://www.slocity .org/communitydevelopment/CAP/CAP%2OFinal%2OWeb .pd f
San Luis Obisp o
County Climat e
Change Adaption
http ://www .lgc .org/adaptation/slo /
Waterwa y
Management Plan
http ://www .slocity .org/publicworks/download/wmp/wmp .pdf
http ://www .slocity .orglpublicworks/download/wmp/wmp-annx .pdf
http ://www .slocitv .org/nublicworks/download/wmn/srrunmpd f
http : //www . slocity . org/publicworks/download/wmp/stump-apex-a .pdf
http ://www .slocity .org/publicworks/download/wmn/ddmmdf
Stormwate r
Management Plan
http ://www .slocity .ora/publicworks/stormwater/lintro .asp#RESOURCE LIBRAR Y
1994 Land Use and
Circulation EIR and
Technical
Appendices
EIR :
http ://www .slocity .org/communitydevelonment/download/unifiedgeneralplan/15-
94%20docs 18 .pdf
Supplementa l
Info :httpi/www .slocity.org/communitydevelopment1download/un i fiedgeneralplan /
15-94%2osupplement%20%20docs .pdf
Appendices :
http ://www .slocity .org/communitydevelopmentldownload/unifiedgeneral plan/ 15 -
94%20vol%202%20appendices . pdf
Zoning Regulations http ://www .slocity .org/communitydevelopment/download/Zoning%20Code%202 0
10-Complete%20Document .pdf
Subdivisio n
Regulations
http ://www .slocity .org/communitydevelopment/download/unifiedgeneralplan/JD a
vid/subdivisionregs-augustO7 .pd f
Community Desig n
Guidelines
http ://www .slocity .org/communitydevelopment/download/Community%2ODesig p
%20Guidelines/Community%2ODesign%2OGuidelines%20(4-18-11).pdf
City of San Lui s
Obispo Municipa l
code
http ://www .codepublishing .com/ca/sanluisobispo/
Land Use Elemen t
Map
http ://www .slocity .org/communitvdevelopment/Long%20Range/LandUseElemen t
Map20100903 .pd f
Noise Guidebook http ://www.slocity .org/communitvdevelopment/download/Noise%20Guidebook .pdf
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Sub-area s
Meter Zone s
Transport Hub s
Truck Route s
Elevation data (DEM)
GIS Resource s
Boundaries
Annexation s
Block Number s
City limit
Commercial Fire Zon e
Downtown Planning Are a
Fire response
Flood zone s
General plan land us e
General Plan Special Design
Areas
Greenbelt
Historic Districts
Historic Resource s
Mission Sidewalk Styl e
Open spac e
Open space easement s
Parking District s
Parks
Pavement Management
PAZ Zones -Diablo
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Planning Are a
Sales tax areas
School Districts
Specific plan area s
Urban reserve lin e
USGS quad s
Utility fee area s
Waste Collection Day s
Water Pressure Zone s
Watershed s
Zoning
Built Feature s
Address labels
Address point s
Airport runways
Block Number Label s
Bridge s
Cal Poly bldg. label s
CalTrans Hwy Points
City Art
Creek Walkwa y
Electric meter s
Fire Stations
Handicap ramp s
Hwy 101 Center Lines
Hwy 101 Pave Ou t
Indoor Meeting Facilities
Laguna Lake Road s
Mine s
Mission Bell s
Power line s
Public Toilets
Railroad row
Railroad Tracks
Railroad Underpasse s
Recreation field s
Sidewalk centerlin e
Special Setback s
Street s
Traffic signal s
Trail points
Trail s
Unreinforced masonry bldgs .
Natural Feature s
Contours -2 meter
Creek Buffers
Creek s
Heritage tree s
Impervious Area s
Laguna Lak e
Rare Endangered Specie s
Vegetatio n
Parcel s
City Facilities
City owned propertie s
Easement s
Government Owne d
Propertie s
Hospital s
Parcel s
School parcel s
Tract s
Vicinity Parcels Barcla y
Transportatio n
Bicycle Transportatio n
Existing
Bicycle Transportatio n
Proposed
Bike Racks
Bus Routes
Bus Routes Stop s•
Section B
GENERAL TERMS AND CONDITION S
PROPOSAL REQUIREMENT S
1 .Requirement to Meet All Provisions . Each individual or firm submitting a proposal shall mee t
all of the terms, and conditions of the Request for Proposals (RFP) specifications package . B y
virtue of its proposal submittal, the proposer acknowledges agreement with and acceptance of al l
provisions of the RFP specifications .
2 .Proposal Submittal .Each proposal must include the form(s) provided in the specifications an d
accompanied by any other required submittals or supplemental materials . Proposal document s
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 bidder, and date and time of proposal opening . No FA X
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 insuranc e
coverage during proposal evaluation ; as discussed under paragraph 12 below, endorsements ar e
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 quantitie s
indicated and the lump sum prices quoted by the proposer must be entered in figures in th e
spaces provided on the Proposal Submittal Form(s). Any lump sum proposal 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 b e
considered as representing the proposer's intention and the proposal total will be corrected t o
conform to the specified unit price .
5 .Proposal Withdrawal and Opening .A proposer may withdraw its proposal, without prejudic e
prior to the time specified for the proposal opening, by submitting a written request to th e
Director of Finance for its withdrawal, in which event the proposal will be returned to th e
proposer unopened . No proposal received after the time specified or at any place other than tha t
stated in the "Notice /Requesting Proposals" will be considered . All proposals will be opene d
and declared publicly . Proposers or their representatives are invited to be present at the openin g
of the proposals .
6 .Submittal of One Proposal Only .No individual or business entity of any kind shall be allowe d
to make or file, or to be interested in more than one proposal, except an alternative proposa l
when specifically requested ; however, an individual or business entity that has submitted a sub -
proposal to a proposer submitting a proposal, or who has quoted prices on materials to such
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proposer, is not thereby disqualified from submitting a sub-proposal or from quoting prices t o
other proposers submitting proposals .
7.Communications .All timely requests for information submitted in writing will receive a
written response from the City . Telephone communications with City staff are not encouraged ,
but will be permitted . However, any such oral communication shall not be binding on the City .
CONTRACT AWARD AND EXECUTIO N
8.Proposal Retention and Award. The City reserves the right to retain all proposals for a perio d
of 60 days for examination and comparison . The City also reserves the right to waiv e
non-substantial irregularities in any proposal, to reject any or all proposals, to reject or delete on e
part of a proposal and accept the other, except to the extent that proposals are qualified b y
specific limitations . See the "special terms and conditions" in Section C of these specification s
for proposal evaluation and contract award criteria .
9.Competency and Responsibility of Proposer .The City reserves full discretion to determine
the competence and responsibility, professionally and/or financially, of proposers . Proposers
will provide, in a timely manner, all information that the City deems necessary to make such a
decision .
10.Contract Requirement .The proposer to whom award is made (Contractor) shall execute a
written contract with the City within ten (10) calendar days after notice of the award has bee n
sent by mail to it at the address given in its proposal . The contract shall be made in the form
adopted by the City and incorporated in these specifications .
11.Insurance Requirements .The Contractor shall provide proof of insurance in the form ,
coverages and amounts specified in Section E of these specifications within 10 (ten) calenda r
days after notice of contract award as a precondition to contract execution .
12.Business Tax .The Contractor must have a valid City of San Luis Obispo business tax certificat e
before execution of the contract . Additional information regarding the City's business ta x
program may be obtained by calling (805)781-7134 .
CONTRACT PERFORMANC E
13.Ability to Perform.The Contractor warrants that it possesses, or has arranged through
subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry ou t
and complete the work hereunder in compliance with any and all federal, state, county, city, and
special district laws, ordinances, and regulations .
14.Laws to be Observed .The Contractor shall keep itself fully informed of and shall observe an d
comply with all applicable state and federal laws and county and City of San Luis Obisp o
ordinances, regulations and adopted codes during its performance of the work .
15.Payment of Taxes . The contract prices shall include full compensation for all taxes that th e
Contractor is required to pay .
16.
Permits and Licenses .The Contractor shall procure all permits and licenses, pay all charge s
and fees, and give all notices necessary.
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17.
Safety Provisions . The Contractor shall conform to the rules and regulations pertaining t o
safety established by OSHA and the California Division of Industrial Safety .
18.Public and Employee Safety. Whenever the Contractor's operations create a conditio n
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 othe r
devices and take such other protective measures as are necessary to prevent accidents or damag e
or injury to the public and employees .
19.Preservation of City Property . The Contractor shall provide and install suitable safeguards ,
approved by the City, to protect City property from injury or damage . If City property is injured
or damaged 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 .
20.Immigration Act of 1986 .The Contractor warrants on behalf of itself and all subcontractor s
engaged for the performance of this work that only persons authorized to work in the Unite d
States pursuant to the Immigration Reform and Control Act of 1986 and other applicable law s
shall be employed in the performance of the work hereunder .
21.Contractor Non-Discrimination .In the performance of this work, the Contractor agrees that i t
will not engage in, nor permit such subcontractors as it may employ, to engage in discriminatio n
in employment of persons because of age, race, color, sex, national origin or ancestry, sexua l
orientation, or religion of such persons .
22.Work Delays . Should the Contractor be obstructed or delayed in the work required to be done
hereunder by changes in the work or by any default, act, or omission of the City, or by strikes ,
fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, o r
labor due to federal government restrictions arising out of defense or war programs, then the tim e
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 suc h
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 t o
any of the above, after hearing evidence as to the reasons for such delay, and making a finding a s
to the causes of same .
23.Payment Terms .The City's payment terms are 30 days from the receipt of an original invoic e
and acceptance by the City of the materials, supplies, equipment or services provided by th e
Contractor (Net 30). In accordance with the Grant Guidelines, ten percent (10%) of the amount s
submitted for reimbursement will be withheld and issued as a final payment upon agreemen t
completion of Local Hazard Mitigation Plan by Federal Emergency Management Agency or unti l
April 30, 2015 whichever occurs earlier . All expenditures must be itemized on the invoice form .
24.Inspection .The Contractor shall furnish City with every reasonable opportunity for City t o
ascertain that the services of the Contractor are being performed in accordance with th e
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 .
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• 25 .Audit .The City shall have the option of inspecting and/or auditing all records and other writte n
materials used by Contractor in preparing its invoices to City as a condition precedent to an y
payment to Contractor .
26.Interests of Contractor . The Contractor covenants that it presently has no interest, and shal l
not acquire any interest—direct, indirect or otherwise—that would conflict in any manner o r
degree with the performance of the work hereunder . The Contractor further covenants that, i n
the performance of this work, no subcontractor or person having such an interest shall b e
employed . The Contractor certifies that no one who has or will have any financial interest i n
performing this work is an officer or employee of the City . It is hereby expressly agreed that, i n
the performance of the work hereunder, the Contractor shall at all times be deemed an
independent contractor and not an agent or employee of the City .
27.Hold Harmless and Indemnification .The Contractor agrees to defend, indemnify, protec t
and hold the City and its agents, officers and employees harmless from and against any an d
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 ar e
connected with or are caused or claimed to be caused by the acts or omissions of th e
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 liabilit y
arising from the established sole negligence or willful misconduct of the City, its agents ,
officers or employees .
• 28 .Contract Assignment .The Contractor shall not assign, transfer, convey or otherwise dispose o f
the contract, or its right, title or interest, or its power to execute such a contract to any individua l
or business entity of any kind without the previous written consent of the City .
29 .Termination .If, during the term of the contract, the City determines that the Contractor is no t
faithfully abiding by any term or condition contained herein, the City may notify the Contracto r
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 day s
specified in the notice, such shall constitute a breach of the contract and the City may terminat e
the contract immediately by written notice to the Contractor to said effect . Thereafter, neithe r
party shall have any further duties, obligations, responsibilities, or rights under the contrac t
except, however, any and all obligations of the Contractor's surety shall remain in full force an d
effect, and shall not be extinguished, reduced, or in any manner waived by the terminatio n
thereof.
In said event, the Contractor shall be entitled to the reasonable value of its services performe d
from the beginning date in which the breach occurs up to the day it received the City's Notice o f
Termination, minus any offset from such payment representing the City's damages from suc h
breach . "Reasonable value" includes fees or charges for goods or services as of the las t
milestone or task satisfactorily delivered or completed by the Contractor as may be set forth i n
the Agreement payment schedule ; compensation for any other work, services or goods performe d
or provided by the Contractor shall be based solely on the City's assessment of the value of th e
work-in-progress in completing the overall workscope .
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The City reserves the right to delay any such payment until completion or confirme d
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 t o
receive in excess of the compensation quoted in its proposal .
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C5-14
Section C
SPECIAL TERMS AND CONDITION S
Interested consultants are to provide the City Of San Luis Obispo with a thorough proposal using th e
following guidelines :
Proposal should contain no more than 10 pages . Proposal should provide "layman" explanations o f
technical terms that are used . Proposals should include the following information :
1 .
Proposal Content . Your proposal must include the following information :
Proposal Summary
a.A summary of the proposal, describe your firm's understanding of the City, the work t o
be done, and the objectives to be accomplished .
Work Program
b.Provide a detailed description of the approach and methodology to be used to accomplis h
the Scope of Work of this RFP .
c.Detailed project schedule, identifying all tasks and deliverables to be performed ,
durations for each task, and overall time of completion .
d.Estimated hours for your staffing performing each major phase of the work, includin g
sub-consultants .
e.Detailed description of specific tasks you will require from City staff . Explain what th e
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respective roles of City staff and your staff would be to complete the tasks specified i n
the Scope of Work .
f.Any other information that would assist us in making this contact award decision .
Qualifications and Staffing
g.A summary of the firm's demonstrated capability, including length of time that the firm
has provided the services being requested in this Request for Proposal and experienc e
preparing L> MPs .
h.Provide a list of individual(s) who will be working on this project and indicate th e
functions that each will perform . Include a resume for each designated individual . Upon
award and during the contract period, if the contractor chooses to assign differen t
personnel to the project, the Contractor must submit their names and qualification s
including information listed above to the City for approval before they begin work .
i.Names of key staff that participated on named projects and their specific responsibilitie s
with respect to this scope of work .
j.Standard hourly billing rates for the assisted staff, including any sub-consultants .
k.Provide at least three references that received similar services within the last two year s
from your firm . The City of San Luis Obispo reserves the right to contact any of th e
organizations or individuals listed .
Compensation
1 .
Proposed compensation and payment schedule tied to accomplishing key tasks .
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Submittal Forms
C5-15
m.Proposal submittal summary .
n.Certificate of insurance .
o.References from at least three firms for whom you have provided similar services .
p.Statement and explanation of any instances where your firm has been removed from a
project or disqualified from proposing on a projec t
Proposal Length and Copie s
q.Proposals should not exceed 10 pages, including attachments and supplementa l
materials .
r.Five copies of the proposal and one CD with proposal in PDF format must be submitted .
2 .
Proposal Evaluation and Selection .Proposals will be evaluated by a review committee base d
on the following criteria :
a.Understanding of the work required by the City .
b.Quality, clarity and responsiveness of the proposal .
c.Demonstrated competence and professional qualifications necessary for successfull y
performing 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 thi s
project .
h.Proposed compensation .
As reflected above, contract award will not be based solely on price, but on a combination o f
factors as determined to be in the best interest of the City . After evaluating the proposals and
discussing them further with the finalists or the tentatively selected contractor, the City reserve s
the right to further negotiate the proposed work and/or method and amount of compensation .
3 .
Proposal Review and Award Schedule .The following is an outline of the anticipated schedul e
for proposal review and contract award :
a.RFP issued 4/3/201 3
b .Proposal deadline 5/1/201 3
c .Proposal evaluation completed 5/8/201 3
d.Staff recommendation finalized 5/10/201 3
e .Contract awarded 5/20/201 3
f.Contract executed 5/29/201 3
g .Work begins 6/03/201 3
h .Work completed 4/30/2015
4.Ownership of Materials . All original drawings, plan documents and other materials prepare d
by or in possession of the Contractor as part of the work or services under these specification s
shall become the permanent property of the City, and shall be delivered to the City upon demand .
5.
Release of Reports and Information .Any reports, information, data, or other material give n
to, prepared by or assembled by the Contractor as part of the work or services under these
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C5-1 6
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specifications shall be the property of City and shall not be made available to any individual o r
organization by the Contractor without the prior written approval of the City .
6 .Copies of Reports and Information .If the City requests additional copies of reports, drawings ,
specifications, or any other material in addition to what the Contractor is required to furnish i n
limited quantities as part of the work or services under these specifications, the Contractor shal l
provide such additional copies as are requested, and City shall compensate the Contractor for th e
costs of duplicating of such copies at the Contractor's direct expense .
7 .
Required Deliverable Products .The Contractor will be required to provide :
a.Five copies of LHMP addressing all elements of the workscope . City staff will revie w
any documents or materials provided by the Contractor and, where necessary, th e
Contractor will be required to respond to staff comments and make such changes a s
deemed appropriate.
b.One camera-ready original, unbound, each page printed on only one side, including an y
original graphics in place and scaled to size, ready for reproduction .
c.The Contractor must provide the computer files used to produce materials submitted t o
the City, compatible with the following programs whenever possible unless otherwis e
directed by the project manager:
•Word Processing Word
•Spreadsheets Excel
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•Desktop Publishing CorelDraw, PageMake r
•Computer Aided Drafting (CAD)AutoCA D
•GIS software ArcMap
Computer files must be on USB flash drive, formatted for use on IBM-compatibl e
systems with a printed copy of the directory .
8 .Attendance at Meetings and Hearings .As part of the workscope and included in the contrac t
price is attendance by the Contractor at up to four public meetings to present and discuss it s
findings and recommendations . Contractor shall attend as many "working" meetings with staf f
as necessary in performing workscope tasks .
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C5-1 7
Section D
FORM OF AGREEMENT
AGREEMENT
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on [
by an d
between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, an d
hereinafter referred to as Contractor .
WIT NESS ET H :
WHEREAS, on
y ],City requested proposals for Preparation of the Local Hazard Mitigation Plan pe r
Specification No . 91197 .
WHEREAS, pursuant to said request, Contractor submitted a proposal that was accepted by City for sai d
Preparation of Local Hazard Mitigation Plan .
NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter
contained, the parties hereto agree as follows :
1.TERM . The teen of this Agreement shall be from the date this Agreement is made and entered, a s
first written above, until approval of Local Hazard Mitigation Plan by Federal Emergency Management Agency o r
until April 30, 2015 whichever occurs earlier .
2.INCORPORATION BY REFERENCE .City Specification No . 91197 and Contractor's
proposal dated [NJ,are hereby incorporated in and made a part of this Agreement . To the extent that there are an y
conflicts between the City's specification and this Agreement and the Contractor's proposal, the terms of the City's
specification and this Agreement shall prevail, unless specifically agreed otherwise in writing signed by both parties .
3.CITY'S OBLIGATIONS . For preparing Local Hazard Mitigation Plan as specified in thi s
Agreement, City will pay and Contractor shall receive therefo r
4.CONTRACTOR'S OBLIGATIONS . For and in consideration of the payments and agreement s
hereinbefore mentioned to be made and performed by City, Contractor agrees with City to
C5-18
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5.
AMENDMENTS . Any amendment, modification or variation from the terms of this Agreemen t
shall be in writing and shall be effective only upon approval by the City Manager .
6.COMPLETE AGREEMENT .This written Agreement, including all writings specificall y
incorporated herein by reference, shall constitute the complete agreement between the parties hereto . No ora l
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 partie s
hereto .
7.
NOTICE . All written notices to the parties hereto shall be sent by United States mail, postag e
prepaid by registered or certified mail addressed as follows :
City
Charlie Hine s
City of San Luis Obisp o
2160 Santa Barbara Av e
San Luis Obispo, CA 9340 1
Contractor
Name
Addres s
8.AUTHORITY TO EXECUTE AGREEMENT .Both City and Contractor do covenant that eac h
individual executing this agreement on behalf of each party is a person duly authorized and empowered to execut e
Agreements for such party .
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and yea r
first above written .
CITY OF SAN LUIS OBISPO
CONTRACTOR
By : By :
City Manage r
APPROVED AS TO FORM :
City Attorney
C5-19
Section E
INSURANCE REQUIREMENT S
The Contractor shall procure and maintain for the duration of the contract insurance against claims fo r
injuries to persons or damages to property which may arise from or in connection with the performanc e
of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors .
Minimum Scope of Insurance .Coverage shall be at least as broad as :
1.
Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
2.
Insurance Services Office form number CA 0001 (Ed . 1/87) covering Automobile Liability, code
1 (any auto).
3.
Workers' Compensation insurance as required by the State of California and Employer's Liabilit y
Insurance .
4.
Errors and Omissions Liability insurance as appropriate to the consultant's profession .
Minimum Limits of Insurance .Contractor shall maintain limits no less than :
1.General Liability : $1,000,000 per occurrence for bodily injury, personal injury and propert y
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 genera l
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 declare d
to and approved by the City . At the option of the City, either : the insurer shall reduce or eliminate suc h
deductibles or self-insured retentions as respects the City, its officers, officials, employees an d
volunteers ; or the Contractor shall procure a bond guaranteeing payment of losses and relate d
investigations, claim administration and defense expenses .
Other Insurance Provisions .The general liability and automobile liability policies are to contain, or b e
endorsed to contain, the following provisions :
The City, its officers, officials, employees, agents and volunteers are to be covered as insureds a s
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 th e
Contractor ; or automobiles owned, leased, hired or borrowed by the Contractor . The coverage
shall contain no special limitations on the scope of protection afforded to the City, its officers ,
official, employees, agents or volunteers .
2 .
For any claims related to this project, the Contractor's insurance coverage shall be primar y
insurance as respects the City, its officers, officials, employees, agents and volunteers . Any
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C5-20
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insurance or self-insurance maintained by the City, its officers, officials, employees, agents o r
volunteers shall be excess of the Contractor's insurance and shall not contribute with it .
3.
The Contractor's insurance shall apply separately to each insured against whom claim is made o r
suit is brought, except with respect to the limits of the insurer's liability .
4.Each insurance policy required by this clause shall be endorsed to state that coverage shall not be
suspended, voided, canceled by either party, reduced in coverage or in limits except after thirt y
(30) days' prior written notice by certified mail, return receipt requested, has been given to th e
City .
Acceptability of Insurers .Insurance is to be placed with insurers with a current A .M . Best's rating o f
no less than A :VII .
Verification of Coverage. Contractor shall furnish the City with a certificate of insurance showin g
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 b e
signed by a person authorized by that insurer to bind coverage on its behalf . All endorsements are to be
received and approved by the City before work commences .
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C5-21
Section F
PROPOSAL SUBMITTAL FORM S
PROPOSAL SUBMITTAL SUMMARY
The undersigned declares that she or he has carefully examined Specification No . 91197, which is hereb y
made a part of this proposal; is thoroughly familiar with its contents ; is authorized to represent th e
proposing firm ; and agrees to perform the specified work for the following cost quoted in full :
Proposal :
Update Local Hazard Mitigation Pla n
Table 1 — Deliverables and Schedule (expand table as needed )
Deliverable Time Frame Approximate Date
Table 2 - Fee/Cost Breakdown (ex and table as needed )
Description Hours Rate Tota l
q
Certificate of insurance attached ; insurance company's A .M. Best rating :
Firm Name and Address
$TOTAL
PhoneContact
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Signature ofAuthorized Representative
Date
C5-22
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REFERENCE S
Number of years engaged in providing the services included within the scope of the specifications unde r
the present business name :
Describe fully the last three contracts performed by your firm that demonstrate your ability to provide th e
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
Reference No .2
Reference No.3
Customer Name
Contact Individua l
Telephone & FAX numbe r
Street Addres s
City, State, Zip Cod e
Description of services provide d
including contract amount, when
provided and project outcom e
Customer Name
Contact Individual
Telephone & FAX number
Street Addres s
City, State, Zip Code
Description of services provided
including contract amount, whe n
provided and project outcom e
Customer Name
Contact Individual
Telephone & FAX number
Street Addres s
City, State, Zip Code
Description of services provide d
including contract amount, when
provided and project outcome
C5-23
STATEMENT OF PAST CONTRACT DISQUALIFICATION S
The bidder 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 othe r
reason, including but not limited to financial difficulties, project delays, or disputes regarding work o r
product quality, and if so to explain the circumstances .
■Do you have any disqualification as described in the above paragraph to declare ?
Yes q
No q
■Ifyes, explain the circumstances.
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Executed on at under penalt y
of perjury of the laws of the State of California, that the foregoing is true and correct .
Signature of Authorized Bidder Representative
C5-24
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Attachment 2
PROPOSERS LIS T
LOCAL HAZARD MITIGATION PLAN CONSULTANTS —SPECIFICATION NO . 91197
Business Name
Category Five Professiona l
Consultants, Inc
Contact Name Bob Neuman n
Address P .O . Box 1373 6
City, State and Zip Code San Luis Obispo, C A
93406
Phone No .805 .441 .546 9
Fax No .
Email :consulting@cafive .com
Business Name URS Corp .
Contact Name Carolyn Hartnel l
Address 1333 Broadway, Suite 80 0
City, State and Zip Code Oakland, CA 9461 2
Phone No .510 .893 .360 0
Fax No . 510 .874 .326 8
Email :Carolvn.hartnell(a,urs .com
Email :Christopher .barkley(a,urs .com
Email :Brian .sands@urs .com
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Business Name URS Corp .
Contact Name Matthew O'Brie n
Address 130 Robin Hill Road, Suite 10 0
City, State and Zip Code Santa Barbara, CA 9311 7
Phone No .805 .964 .601 0
Fax No .
Email :matt .obrien ! urs .com
Business Name CRP Dept - CSS G
Contact Name Cal Poly State Universit y
Addres s
City, State and Zip Code : San Luis Obispo, C A
93407
Phone No . 805 .756 .131 5
Fax No .
Email :crp@calpoly .edu
Business Name URS Corp .
Contact Name Jay Clar e
Address 1333 Broadway, Suite 800
City, State and Zip Code Oakland, CA 9461 2
Phone No. 510 .893 .3600
Fax No . 510 .874 .3268
Email :iay .clare@urs.com
Business Risk Management Professionals, In c
Contact Nicole Otramb a
Address 300 Goddard, Suite 200
City, State and Zip Code Irvine CA 9261 8
Phone No .610-619-352 4
Fax No . 949-743-293 2
Email :Nicole .OtrambaARMPCorp .co m
Business Name Recalde Service s
Contact Name Fausto (Tony) Recalde, C M
Address 3472 Logan Stree t
City, State and Zip Code La Verne, CA 9175 0
Phone No .909-596-278 5
Fax No . 909-596-918 5
Email FRecalde@aol .co m
Business Name Risk Professionals, Inc .
Contact Name Kristin Hockett, Senior Enginee r
Address 27405 Puerta Real, Suite 22 0
City, State and Zip Code Mission Viejo, CA 9269 1
Phone No .949-282-0123 ext 22 2
Fax No .
Email Kristin .hockettArmpcorp .com
Business Name AME C
Contact Name Kathleen Schaefe r
Address 980 Lincoln Ave, Suite 20 0
City, State and Zip Code San Rafael, CA 9490 1
Phone No . 415-454-1033 ext 11 1
Fax No .415-482-100 1
Email Kathleen . Schaefer@amec.com
Business Name Wood Rogers, Inc .
Contact Name Mauwieh Radaideh, Ph . D .
Address 3301 C Street, Bldg 100-B
City, State and Zip Code Sacramento, CA 9581 6
Phone No .916-341-776 0
Fax No . 916-341-776 7
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C5-25
NOTE : Not to be included with Bidder's Package when mailed or hande d
out. This should be included and referenced as an attachment to th e
Council Agenda Report or City Manager Report.•
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C5-26