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HomeMy WebLinkAbout07-21-2015 C3 Mission Plaza Assessment & Master Plan RFPCity of San Luis Obispo, Council Agenda Report, Meeting Date, Item Number FROM: Daryl R. Grigsby, Public Works Director Prepared By: Bridget Fraser, Senior Civil Engineer SUBJECT: MISSION PLAZA ASSESSMENT AND MASTER PLAN; SPECIFICATION NO. 91300 RECOMMENDATION 1. Approve the Request for Proposal for consultant services associated with the Mission Plaza Assessment and Master Plan; Specification No. 91300 and authorize staff to advertise for proposals. 2. Authorize the City Manager to execute the agreement with the selected consultant if costs are less than the approved budget. 3. Authorize the City Engineer to amend the agreement in amounts not to exceed the authorized project budget. DISCUSSION Background Whether it’s a downtown employee having a quiet lunch break by the creek, kids riding the holiday carousel, or a lively summer concert series, Mission Plaza (Plaza) plays host to a wide variety of events and uses and is often referred to as the City’s “jewel.” Since its inception in the 1970s, Mission Plaza has served as the cultural and historical “heart” of the San Luis Obispo’s downtown. The Plaza also serves as a “gateway” to the City’s cultural center along Monterey Street as well as the City’s vibrant downtown. Given the Plaza’s age, popularity, and extensive use, the time has come for revitalization of this important community hub. A wide variety of issues have surfaced regarding Mission Plaza, including; general maintenance and upkeep of the aging infrastructure, impacts of plaza events on adjacent neighbors such as the Old Mission and adjacent residents, and possible need for expansion of the current plaza into the adjacent streets (Attachment 1-Vicinity Map). As a result, Council approved a 2013-15 Major City Goal to “Assess and Renew the Downtown,” which includes a task for the development of a Mission Plaza Master Plan (Attachment 2). Council continued this focus with adoption of the Other Important Objective for the Downtown in the currently adopted 2015-17 Financial Plan. The goal of this master planning effort is to create a vision for the future of Mission Plaza and then provide a plan to achieve this vision. Request for Proposal (RFP) and Proposed Process An RFP has been prepared (Attachment 3) to solicit qualified consultants to perform a Plaza assessment and prepare a master plan. In general, the consultant’s primary work scope will be to: 1. Assess the present condition, uses and policies related to the existing Mission Plaza; 2. Determine impacts of plaza events on adjacent residential neighbors, businesses, Old Mission Church operations and San Luis Obispo Creek habitat; 3. Explore expansion of the plaza into the adjacent Broad/Monterey Street “dogleg” through permanent or temporary street closures; and July 21, 2015 C3 C3 - 1 Mission Plaza Assessment and Master Plan (91300) Page 2 4. Provide a vision for the future of the plaza and surrounding streets, and prioritize identified improvements with an overall goal of providing the City a roadmap for planning of future maintenance and development projects for the plaza. As the RFP states, the consultant will work with a wide range of stakeholders, conduct research and perform various forms of public outreach to thoroughly understand the plaza. In addition, the selected consultant will flesh out issues and concerns of those that maintain, manage, use or are impacted by the plaza and events. Lastly, the consultant will be responsible for gaining an understanding of resident and other community member needs and desires for the future of the plaza, especially in regards to possible expansion of the plaza into the Broad/Monterey Street “dogleg.” From this research and outreach, the consultant will prepare a comprehensive report detailing the findings of the assessment and outreach tasks, develop project goals and objectives based on the data and input received, and prepare preliminary improvement plans including several alternatives for incorporating the dogleg. It is anticipated that this comprehensive report will be brought back to Council in a study session to gain Council’s input prior to moving forward with full development of concept plans, advisory body review and formal Council adoption of the master plan. As discussed at the budget hearings, all of this will be done before moving forward with any major capital investments in upgrade or new infrastructure or amenities in Mission Plaza. Downtown Concept Plan Update meets the Mission Plaza Assessment Updating of the 1993 Downtown Concept Plan was approved as part of the newly adopted 2015-17 Financial Plan. It is expected that the findings and outcomes of the Mission Plaza Assessment and Master Plan work effort will be integrated with this update. The two efforts are planned to move together through the outreach and approval processes to ensure they fit together when completed. The Plaza assessment work is beginning in advance of the Downtown Plan as there is a great deal of data collection to complete prior to outreach efforts. CONCURRENCES Through the recent goal setting process, the San Luis Obispo Chamber of Commerce has expressed their support of the revitalization of Mission Plaza. FISCAL IMPACT The Mission Plaza Master Plan Development project is identified in the 2013-15 Financial Plan on pages 3-381 through 3-383 of the Capital Improvement Plan where Council approved $50,000 of grant funds as part of the 2013-14 budget. After attempts at gaining a grant failed, Council authorized $100,000 of Measure Y funding as part of the 2013-15 Financial Plan Supplement to support the costs of this master planning effort. ATTACHMENTS 1. Vicinity Map 2. 2013-15 Financial Plan, Major City Goal – Assess and Renew the Downtown 3. Request for Proposal t:\council agenda reports\2015\2015-07-21\mission plaza assessment-master plan rfp (grigsby-fraser)\car mission plaza rfp-adv.docx C3 - 2 EXCERPT FROM 1993 DOWNTOWN CONCEPT PLAN VICINITY MAP ATTACHMENT 1 C3 - 3 THIS PAGE IS INTENTIONALLY LEFT BLANK C3 - 4 MAJOR CITY GOALS ASSESS AND RENEW THE DOWNTOWN GOAL STATEMENT Assess and renew the Downtown consistent with the adopted Land Use and Circulation Element (LUCE) update, revitalize Mission Plaza (including consideration of eliminating dogleg), support the continued development of cultural attractions, enhance lighting/safety components, reduce incidents of illegal activity and adverse behaviors through enhanced public safety presence and enforcement, provide pedestrian-friendly walkways, and address limits on alcohol establishments. OBJECTIVE Maintain and enhance downtown San Luis Obispo’s role as the cultural, social, and political center of the City. Improve public safety and enforcement to ensure downtown is a welcoming and safe place for residents and visitors alike. DISCUSSION Proposed Work Scope. Summary description of the proposed work program: A. Assess and renew the Downtown consistent with the adopted Land Use and Circulation Element update B. Revitalize Mission Plaza, including consideration of the dogleg and continued support for enhancement and development of cultural attractions adjacent to Mission Plaza C. Provide pedestrian-friendly walkways D. Reduce incidents of illegal activity and adverse behaviors through enhanced public safety presence and enforcement E. Address limits on alcohol establishments. Existing Situation, Work Completed and Proposed Implementation by Work Scope Task: A. Land Use and Circulation Elements (LUCE) Update The LUCE update will be completed within the 2013-15 Financial Plan. The process is on-going effort that will culminate in the certification of an Environmental Impact Report and adoption of focused updates to the Circulation and Land Use Elements. This process includes community visioning, discussion of issues and opportunities, and collection of background data. By the beginning of the 2013-15 Financial Plan, various Land Use and Circulation alternatives will be presented to the community for input and endorsement. Policy and program evaluation and update will follow with a draft plan and Environmental Impact Report due by May 2014. The LUCE update is anticipated to be completed and approved by Council by November 2014. The process includes resident input, review of existing policies and programs and development of land use and circulation alternatives for consideration as part of the Alternatives Report. Specifically, the update will evaluate and propose implementation programs designed to address the type, density, and capacity of various types of alcohol and late night entertainment establishments that are desirable in the community; and will include a Downtown pedestrian circulation plan. The Downtown Concept plan was developed in the 1990s through an extensive community engagement process. Staff, the community and decision-makers refer to this plan when reviewing projects and physical improvements in the Downtown. The poster is referenced in the General Plan as part of the introduction to the Downtown chapter of the Land Use Element, and Land Use Element policy 4.19 states, “The City will consider including C-52 ATTACHMENT 2 C3 - 5 MAJOR CITY GOALS ASSESS AND RENEW THE DOWNTOWN features of “A Conceptual Physical Plan for the City’s Center” as appropriate in its Zoning Regulations, architectural review guidelines, engineering standards, and capital improvement program.” Over the intervening years, the flexible plan has provided direction for a vision that will need to be consistent with the LUCE update once it is adopted. The plan at a minimum should be updated to reflect on the ground development which differed from what was contemplated in the concept plan; Council discussion of extension of Mission Plaza in 2007; as well as items listed below: • Review/update mid-block passage locations • Reference connections identified in the Pedestrian Plan developed as part of the LUCE • Review public rights-of-way to identify appropriate locations for bulb-outs, expanded sidewalk locations along street segments, street pavement markings or material changes; and street closures if any (including the “dogleg”) • Identify public viewing and gathering places • Update integration of relocated transit center • Consider expansion of area further to the northeast - up Monterey Street • Update to show Art Center, History Center and other future cultural activities in the Mission Plaza • Incorporate updated Mission Plaza and cultural corridor concepts into plan • Update entryway signage • Expand creek corridor access and connections The Council considered closing the dogleg in 2002 after a comprehensive analysis by the City with extensive public input. Closure of the dogleg had been a public issue and the Council responded by allocating resources to a planning and public outreach effort. Because of this, the City to prepared a series of concept plans that demonstrate various levels of vehicle access- e.g. full closure consistent with current policy; one-way traffic flow; through traffic; and cul-de-sac options. After considering options and public testimony that expressed concerns about the range of alternatives, the City Council decided to not move forward with any alternatives and drop planning and implementation efforts. B. Mission Plaza and Downtown Renewal The City Council approved a Major City Goal for Downtown Maintenance and Beautification in the 2007-09 Financial Plan and a follow-up Other Important Objective in 2009-11. Work in past years has included street resurfacing, installation of pedestrian lights, new Mission Style sidewalks, repair of Warden Bridge surfacing, and other minor improvements. More specific program components included improvements in signage, solid waste collection, tree maintenance, news rack management, and street furniture. Utility line replacements and street reconstruction work also occurred. Stairs in the Mission Plaza were replaced and tile repairs were made to sections of Mission Style sidewalk. Staff resources were devoted to keeping the Downtown clean through sidewalk scrubbing as well as a one-half time temporary employee cleaning up trash each morning. The City Council adopted the Downtown Pedestrian Lighting Plan and adopted a Downtown Pedestrian Lighting District in February of 2006 to address pedestrian level lighting for sidewalks. The Plan does not include any lighting or analysis for Mission Plaza. Since this adoption approximately 34 lights have been installed through private or City projects, the latest project being the installation of 12 LED pedestrian light fixtures on Higuera between Garden and Morro as part of the recent Downtown Maintenance and Beautification Project. In 2007 the Council approved the Downtown Street Tree Maintenance Plan to outline a strategic approach to replacement of the downtown trees. New trees have been planted with a new style of tree grate to replace trees that were removed. In addition to the Master Plan, Mission Plaza capital improvement projects continue ongoing maintenance as well as the evaluation of existing policies on the operations of the Plaza with specific focus on Special Event permits (frequency, capacity of plaza, use type). Additional improvements and enhancements will C-53 ATTACHMENT 2 C3 - 6 MAJOR CITY GOALS ASSESS AND RENEW THE DOWNTOWN take place in downtown outside Mission Plaza as part of the ongoing renewal project to replace sidewalks, enhance lighting, and improve tree grates. Mission Plaza Master Plan Issues have surfaced over the last few years regarding the Mission Plaza from users, staff, the general public, and adjacent uses, and include the following: Issues Needing Attention: • Landscaping / irrigation proximity to Mission building • Impact of permitted special events on the Mission’s operations, the Mission’s residents, and the plaza itself • Lemon Eucalyptus tree replacements needed due to disease and proximity to Mission building • Plant material deterioration • Capacity of the plaza for events - frequency, size, and types of uses • Management of runoff from events / cleanliness, in close proximity to creek • Restroom facility size, condition, and accessibility • Surface treatments for walkways and drive aisles currently damaged / High maintenance for tiles in Mission Style pavement • Maintenance of creek walls – missing wall grout • Maintenance / replacements for pedestrian/vehicle bridges • Pedestrian connectivity and circulation • Inadequate Lighting • Broad and Monterey Streets (“Dogleg”) uses and design – appearance, function, impacts, and prioritization of any identified improvements • Security • Picket spacing on Mission Style fencing • Integrating Art Center expansion and potential History Center expansion into public spaces • Accessibility throughout the plaza • Creek bank stabilization • Flag display A Mission Plaza Master Plan will be prepared to address each of the bulleted items above in its work scope. Although the closure of the “dogleg” has been discussed in the past, interest continues in adding this element of the street network to the Plaza. Options of leaving the streets “as-is”, adding the street area permanently to the Plaza, and creating a versatile area capable of serving both needs, will be reviewed. The City of San Luis Obispo and the San Luis Obispo Museum of Art are partnering in an application for a grant offered by the National Endowment for the Arts. The intended goal of the grant would be to prepare a master plan for Mission Plaza and the surrounding streets for purposes of updating the area to connect the cultural centers of the Mission, Museum of Art, History Center, and Children’s Museum. The grant focusses on “place-making” and emphasizes strong community partnerships, vision, and identity. The due date for the application was January 14, 2013 and the specific grant request is $50,000 with equivalent services matched by the City and volunteers to help finance consultant services to prepare a new Mission Plaza Master Plan. The City will receive a decision on the grant in July 2013. The grant covers a two-year work program which corresponds to the Financial Plan time frame. The allocation of General Fund resources will be necessary to implement this study if the grant is not approved. Mission Plaza Railing Upgrade: Changes to safety code requirements since the original construction of the various phases of the Mission Plaza, and Mission Plaza Expansion have included the reduction of spacing between vertical pickets of guard railing in public places. Vertical railing pickets are now required to be C-54 ATTACHMENT 2 C3 - 7 MAJOR CITY GOALS ASSESS AND RENEW THE DOWNTOWN spaced apart such that a 4” diameter sphere cannot pass through the pickets. The majority of guard railing throughout the Mission Plaza area is not compliant with this requirement. This project will modify or replace approximately 250 lineal feet of Mission Style railing annually for approximately 10 years, for code compliance. Downtown Tree and Sidewalk Replacements: In 2006 the City completed an assessment of all trees in the Downtown. The assessment identified and prioritized trees and sidewalks areas that need to be replaced in the downtown area. Approximately 130 trees that line the streets of the Downtown core area are approaching maturity and now pose an elevated maintenance responsibility as well as an increased liability. This project combines the goals of rebuilding tree wells, expanding the inventory of Mission Style Sidewalk and removing trip hazards. The City’s 2007 Downtown Street Maintenance Plan specifies a phased approach to removals to prevent sudden loss of large areas of canopy. Areas will be selected for work to address any immediate hazards indicating removal and replacement of trees or sidewalks if needed, followed by less urgent tree and sidewalk needs. Downtown Renewal: In 2011 a significant project was undertaken to replace sidewalks and lighting on Higuera Street between Morro and Garden streets. The original project included two other pieces where were not able to be funded; the replacement of an area of sidewalk which also doubles at the roof of a basement, and the replacement of sidewalks between Garden and Broad streets. This goal proposes to continue this renewal work and complete the sidewalk work between Garden and Broad as part of the 2013-15 Financial Plan. Additional blocks could be added to the program if desired and would cost approximately $550,000 per block, depending upon the amount of existing Mission Style sidewalk. Light levels are generally low in the mid-block sections of the downtown. This is largely due to the trees blocking and interfering with the light from the tall street lights causing large shadows on the sidewalks and streets. Installation of an additional 210 lights is required to ultimately complete the downtown pedestrian lighting plan, and pedestrian level lighting was included in the last sidewalk project. The section of Higuera between Garden and Broad already has pedestrian level lighting, so no additional lighting work is proposed with this phase of work, but would be included in future phases. Conduits to support the efforts of the Downtown Association to do tree lighting for this block are included in the project scope. Mission Plaza Use: Review of Policy and Permit Practices. The evaluation of existing policies on the operations of the Plaza with specific focus on Special Event permits (frequency, capacity of plaza, use type) will occur as part of this Major City Goal. Parks and Recreation staff presently permit the use of the plaza under the City’s existing Special Events Policy. That process will be evaluated with particular focus on the engagement of all stakeholders involved from the Downtown Association (a frequent permittee) to events taking place annually in the Plaza, to the Mission to residents. Several advisory bodies will also likely be engaged in this discussion including the Parks and Recreation Commission, Tourism Business Improvement District Board, and Promotional Coordinating Committee. C. Reduction of illegal activity and adverse behaviors through enhanced public safety presence and enforcement. Adverse Behavior Impacts: The Police Department responds to a number of calls for service involving individuals that are not housed and/or are transient. In any given day police calls for service or self-initiated activity dealing with adverse behaviors presented by a segment of this population can account for up to 30% of all calls. This adverse behavior has a direct impact on the entire community, particularly in the downtown core. Panhandling is believed to be a primary source of income for “program resistant” individuals, many which use these funds to support their drug and alcohol addictions. Consequently, chronic offenders in our downtown area require a disproportionate demand on police resources. C-55 ATTACHMENT 2 C3 - 8 MAJOR CITY GOALS ASSESS AND RENEW THE DOWNTOWN Nightlife and excessive alcohol consumption: As a community with a large college age population, nightlife and bar activity in the downtown core make these outlets popular locations to frequent. As such, the atmosphere necessitates deployment of significant resources as the Police Department responds to calls for service regarding alcohol violations, assaults, vandalism, drunk driving, and other criminal activity. Thefts, Fraud, and white collar related crime: The downtown core is a preferred and highly visited area for business as well as pleasure. The high volume of shoppers, visitors and opportunities for business transactions to take place creates a rich environment for thefts, frauds, and other white collar crimes. Police Downtown Resources Since March of 2012 the Police Department has implemented a trial Community Action Team (CAT) program on an interim basis to help address the negative effects of criminal and anti-social behavior in the City. CAT officers have focused their pro-active efforts by regularly providing extra patrol in locations such as bus stops, City Hall, the Mission Plaza, Downtown, creeks, parks and neighborhoods. CAT has proactively circulated through downtown city creek areas (and its perimeter) and has come across wanted parolees, probationers and other suspects of crime. On several occasions the team has located wanted persons, including numerous items of stolen property that could be traced back to burglaries that took place in our City. In November 2012, the City Manager approved the Police Department’s efforts in designating a permanent two-officer CAT unit. The department shifted resources and deployed one Special Enforcement Team (SET) position and one Patrol Officer position to accomplish this goal. The mission of CAT will be to continue to address adverse behaviors and their impacts on the community. The CAT team approach is not limited to enforcement, and will also incorporate intervention and education as they work with a variety of social, mental health, and legal agencies that provide services to address long term needs and solutions for the community. A more complete description of CAT responsibilities is outlined in the Major City Goal of Strategies to Address Homelessness. The permanent CAT team was deployed in June 2013 and is currently part of the Police Department’s 2013-15 operating budget. Daytime Downtown Patrol Officer The Police Department will introduce several stop gap measures in the form of redeployment and overtime to provide immediate daytime Downtown coverage for the first six months of the 2013 fiscal year. In January 2014 the Police Department will be in a position to hire two FTE police officer positions and deploy two officers Downtown as dedicated resources to this area. The Police Department will enhance directed daytime Downtown patrol efforts starting July 1, 2013. The School Resource Officer (SRO) is not committed to the school district during the summer months and will be reallocated to provide a consistent presence in the Downtown area four days a week, ten hours a day for the months of July and August 2013. To provide a continuity of coverage when the SRO is not scheduled to work, the Police Department will direct daytime Downtown overtime patrols five hours a day, three days a week for the months of July and August 2013. Starting in September when the SRO returns to school resource duties the department will provide daytime overtime coverage dedicated to the Downtown area seven days a week, five hours a day until the end of December 2013. The above listed plan provides a single officer resource dedicated to Downtown daytime patrols seven days a week for the first six months of the 2013-2015 Financial Plan. The department intends to provide a second officer resource during this same time period through overtime patrols three days a week, eight hours a day. C-56 ATTACHMENT 2 C3 - 9 MAJOR CITY GOALS ASSESS AND RENEW THE DOWNTOWN The department has the intention to assign two full time police officers dedicated to daytime patrol in the Downtown area seven days a week, ten hours a day starting in January 2014. This scheduling will remain flexible in order for the department to adequately respond to crime trends, emergencies, and other community needs. It will be necessary to hire two new officers by October of 2013 in order to train these officers and have the appropriate staffing available to deploy two officers Downtown in January 2014. Coverage is highlighted in the chart below. Jul-13 Aug-13 Sep-13 Oct-13 Nov-13 Dec-13 Jan 2014-June 2015 Ofc. 1 SRO/OT SRO/OT OT OT OT OT 1 FTE Officer Ofc. 2 OT OT OT OT OT OT 1 FTE Officer The newly formed CAT team will work a flexible schedule. It is anticipated that CAT will have the ability to provide supplemental Downtown patrol/support as the program’s scope and focus will naturally lead the officers to the Downtown area. CAT will also work in conjunction with the Downtown daytime officers to provide directed enforcement to address continuing adverse behaviors in the Downtown. Additionally, Patrol resources will be directed to provide proactive enforcement and support for the daytime Downtown officers and CAT. The Police Department will continue to provide nighttime bicycle patrol, consisting of two officers and a sergeant, in the Downtown area to address nightlife and the related adverse behaviors associated with this area. Overview of police services provided to the Downtown: *This resource will be limited to July and August 2013. **This resource will end in December 2013. Camera/Video Systems The Police Department has analyzed the extent of the problems in the downtown core and in Mission Plaza. Many of the issues that are experienced in the downtown business corridor are also experienced in the Mission Plaza area and the Creek walk park area known as “the Globe” which surrounds the art piece entitled, “The Downtown Downtown Bicycle Team - Night Patrol Patrol Services Day and Night Community Action Team (CAT) Downtown Officer - Day Patrol SRO* & Overtime Downtown Patrol** Public Safety Cameras Police Volunteer Program Existing Resources New Resources C-57 ATTACHMENT 2 C3 - 10 MAJOR CITY GOALS ASSESS AND RENEW THE DOWNTOWN Web of Life”. These areas have experienced high incidents of crime including homicide, assault with a deadly weapon, robbery, drug dealing, consumption of alcohol, vandalism, and many other minor crimes. During the last several years both of these locations have been temporarily closed by the Parks and Recreation Department at the Police Department’s request due to continual illegal activity occurring. The public’s perception regarding the safety in these areas has adversely impacted their use. The Police Department recommends the implementation of a public safety video program for both Mission Plaza and “the Globe.” The video system would consist of several cameras that could be monitored by the Police Department to detect and deter crime. These cameras would not be routinely monitored by the Police Department; however, footage could be recovered and analyzed on an as needed basis. The presence of the cameras can act as a deterrent that can help prevent crime in both the day- and nighttime hours. The department hopes to collaborate with the Downtown Association to determine the feasibility of connecting with existing business camera systems that view common public areas for safety purposes. Finally, the Police Department intends to use smaller portable cameras that could be placed in public areas prone to criminal activity such as under bridges and other secluded areas. These portable cameras are inexpensive and can be moved to locations as problems present themselves. Use of Volunteers The Police Department is currently considering the use of Volunteers in Police Service (VIPS) to increase police presence throughout the City to include the Downtown core. These volunteer patrols would not engage in any type of enforcement. The cost of equipping the volunteers would be negligible; primarily consisting of uniforms and portable radios. Ambassador Program Downtown Santa Monica is an entity similar to our Downtown Association and works cooperatively with the city with focus on economic vitality and public safety. Downtown Santa Monica has contracted with a private entity known as “Block by Block”. Funding for this relationship is provided by assessed fees from business owners as well as monies provided directly from the City of Santa Monica. It is a cost sharing program that requires community involvement and public support, but appears to be an effective tool in this community. One of the programs offered is the Ambassador Program. Individuals are hired and trained to interact with citizens and visitors to provide an “inviting and safe atmosphere.” They also serve as an extra set of eyes and presence that would enhance the identification of criminal activity and increase public safety. Ambassadors circulate the downtown in casual yet noticeable attire providing several levels of service to include information about local venues and events, directions, helping tourists find lost cars or children, and provide friendly advice about minor violations of law. In Santa Monica the hourly starting wage for an Ambassador is $13.05. “Block by Block” is the contracted private agency that manages the program. “Block by Block” tends to all staffing needs including medical insurance, workers compensation benefits, liability and the day-to-day operation and management of the program. “Block by Block” is one of a handful private business that provides services to communities in need. A cost assessment of the program is not practical at this time as an agreement and assessment of services needed would require concurrence from the many stakeholders involved. However, conceptually, as a cost sharing measure and multi-directional approach the program has the potential of reducing adverse concerns and could enhance the atmosphere of our downtown core. Currently the Downtown Association employs private uniformed security to patrol the downtown core seven days a week from 12:00 pm to 6:00 pm. It costs the Downtown Association approximately $50,000 annually to C-58 ATTACHMENT 2 C3 - 11 MAJOR CITY GOALS ASSESS AND RENEW THE DOWNTOWN provide this service. This presence is geared toward creating a safe atmosphere as they predominantly walk a foot patrol interacting with businesses and citizens. The uniformed security patrols work cooperatively with the Police Department to identify and discourage adverse behaviors and criminal activity that affect this area. The City seeks to work with the Downtown Association to determine if uniformed security patrols are the best use of resources and evaluate the effectiveness of an Ambassador Program as a viable alternative or adjunct to its existing efforts. Restroom Facilities The City has received complaints regarding use of the public street for restroom purposes. Cities across the country have struggled to deal with providing reliably clean and safe public restrooms in a variety of ways, but remain challenged to provide a quality solution, particularly when 24 hour operations are expected. Options such as self-cleaning restrooms have not proved reliable and in some cases, have required regular manual cleaning. Restrooms have become locations for illegal activities. Vandalism is very common. Some cities have closed restrooms rather than deal with the maintenance, repair, and attraction of undesirable behavior that the restrooms result in. While research into the issue is needed to find the best and most cost effective solution for providing safe sanitary restroom facilities, it is possible for the City to implement a measured pilot program with some adjustments to existing facilities. This modest interim option will provide some restroom facilities more quickly. Two sets of restrooms downtown are being proposed to be used to address the current situation. The set of restrooms in the parking lot at Broad and Marsh was closed several years ago after constant vandalism made it impractical to keep them open. However, this is in a prime location to address a problem related to night time activity, most common during certain portions of the week. These restrooms can be retrofitted to make them more vandal resistant, and the locking mechanism removed so users can not lock themselves in for extended periods. As a pilot program, one unit will be repaired and opened Thursday, Friday, Saturday and Sunday night, to be followed with others if they can be successfully operated. This restroom will be available to provide areas of use for night time needs. To maximize availability, extended hours will also be made available at the Mission Plaza restrooms, providing service until midnight, reopening early in the morning with the arrival of staff at the Plaza. Future possibilities include further upgrading existing facilities to improve vandal resistance and layout, contracting for portable restrooms with high cleaning frequencies to maximize cleanliness and prevent plumbing damage, or restroom monitoring with security personnel. During the first year, solutions used in other communities will be identified, along with any unique ideas for San Luis Obispo, and feedback on the extended use of the Mission Plaza restrooms and Broad/Marsh restroom will be provided to Council. Council will then be able to provide guidance on how best to proceed and provide any necessary resources for additional improvements. Implementation of any new facilities or changes in operations will follow in the second year. RESTROOM - HOURS OF AVAILABILITY LOCATION MORNING - NOON NOON – EVENING EVENING - MIDNIGHT MIDNIGHT – MORNING Downtown Broad/ Marsh Lot 2 X (12AM) X (2AM) City Buildings X X Library X X Marsh Garage X X Mission Plaza X X X (12AM) Other Locations Damon Garcia X X X (11PM) NEW NEW NEW C-59 ATTACHMENT 2 C3 - 12 MAJOR CITY GOALS ASSESS AND RENEW THE DOWNTOWN LOCATION MORNING - NOON NOON – EVENING EVENING - MIDNIGHT MIDNIGHT – MORNING Fields French Park X X Islay Hill Park X X Johnson Park X X Laguna Lake Park X X Meadow Park X X X (11PM) Mitchell Park X X Santa Rosa Park X X X (10PM) Sinsheimer Park X X X Throop Park X X D. Limits on Alcohol Establishments For the past three years, staff has collected information and developed strategies to reduce public safety problems and negative impacts associated with alcohol outlets. In October 2009, staff presented a study to the Council that correlated police-related incidents with alcohol outlets, along with several recommendations. The study, conducted by Dr. Fried Wittman of CLEW Associates, utilized a tool called Alcohol/Drug Sensitive Information Planning System in a Geographic Information System, or ASIPS/GIS. Staff received direction from the City Council to explore a range of strategies, improve local regulation, and engage a wide variety of stakeholders in the process. On November 16, 2010, staff provided an update to the Council on progress made in exploring these strategies and initiated a Nightlife Public Safety Assessment. The Nightlife Public Safety Assessment report was presented to Council in November 2011. Council direction was to bring forth amendments to the Zoning Regulations to reduce public safety problems associated with alcohol outlets. On June 19, 2012, the Council adopted Ordinance 1578 to enhance alcohol outlet regulations including: 1. A revised zoning definition of a “restaurant” 2. A new restaurant zoning definition (late hour alcohol service – after 11:00 p.m.), 3. A zoning definition for liquor stores, 4. A required Administrative Use Permit for restaurants with late hour alcohol service and liquor stores, and 5. A deemed approved ordinance for existing alcohol outlets. During the public hearing and outreach process for the 2012 Alcohol Outlet Amendments and recent use permit reviews, members of the community questioned “how many is too many” alcohol outlets in the downtown. The Amendments did not specifically address this question, but provide tools for limiting and regulating alcohol outlets. The Land Use and Circulation (LUCE) update is scoped to include policy and implementation programs designed to address the type, density, and capacity of various types of alcohol and late-night entertainment establishments that are desirable in the community. This component will be a factor addressed as part of the Alternatives Report. This report will be available this summer and could be used by the Council as background in further amending City alcohol policies. The Council is also concerned about the number of alcohol outlets downtown and directed staff to report back with an exploration of a moratorium on new alcohol outlets. The City Council is considering holding a study session to review existing local/State laws, additional regulatory tools, and consideration of a moratorium. Direction from the study session will become part of this Major City Goal. C-60 ATTACHMENT 2 C3 - 13 MAJOR CITY GOALS ASSESS AND RENEW THE DOWNTOWN WORK PROGRAM CONSTRAINTS AND LIMITATIONS Downtown is the focal point of the City for retail, entertainment, cultural, sightseeing, and increasingly residents. Residents and visitors have a special connection with the downtown and demand a voice in how it continues to operate and develop. There will be significant public involvement involved in this Goal. The revitalization of Mission Plaza will be complex, especially discussions regarding the elimination of the Monterey St. dogleg. The work scope for the Major City Goal will consider the elimination of the dogleg and evaluate impacts of the street closure and alternatives to closing the street. It is envisioned that the dogleg would be incorporated into a street plaza with bollards and surface treatment to enhance the pedestrian experience. The City Council previously considered, but rejected the idea of closing the dogleg. A variety of alternatives would be studied in Mission Plaza planning effort and the outright closure of a portion of Monterey Street would require environmental review and extensive coordination with affected property owners. The Police Department anticipates that the presence of Patrol, CAT, police volunteers and a dedicated daytime officer will provide sufficient visibility and enforcement in the Downtown area most days of the week. However, the police department will experience deployment constraints due to vacation time, sick time, training time, injuries or other unforeseen vacancies. Challenges are anticipated in providing consistently clean and safe restroom facilities, based on information readily available from other communities. STAKEHOLDERS Numerous citizen groups have an interest in the assessment and renewal of downtown: Downtown Association, Chamber of Commerce, Save Our Downtown, Residents for Quality Neighborhoods, San Luis Obispo Museum of Art, San Luis Obispo Little Theater, History Center and Museum, and the Old Town neighborhood. ACTION PLAN Task Date 1. Utilize Volunteers in Police Service (VIPS) as downtown patrols Jan 2014 2. Present concept of an Ambassador Program to the DA for consideration Jan 2014 3. Community Action Team Downtown Deployment (CAT) July 2013 4. Dedicated School Resource Officer Daytime Downtown Deployment July 2013 5. Dedicated Daytime Overtime Downtown Deployment Sept 2013 6. Two Daytime Downtown Officers Jan 2014 7. Public Safety Video Purchase and Implementation in Mission Plaza area July 2013 8. Extend Mission Plaza Hours Ongoing 9. Retrofit Broad / Marsh restroom and open Sept 2013 C-61 ATTACHMENT 2 C3 - 14 MAJOR CITY GOALS ASSESS AND RENEW THE DOWNTOWN 10. Research additional restroom options and constraints Dec 2013 11. Council update on additional hours of restroom availability impacts, and recommendations for additional implementation efforts Mar 2013 12. Consideration of a moratorium on additional alcohol outlets Aug 2013 13. Mission Plaza Master Plan Initiation Jan 2014 14. Assess public safety access to existing business camera systems Feb 2014 15. Employ portable cameras in secluded high crime public areas June 2014 16. Alcohol Concentration Evaluation and Adoption of Code Amendments Nov 2014 17. Mission Plaza Master Plan Adoption Sep 2015 18. Mission Plaza Railing Upgrade Ongoing 19. Removal and replacement of damaged or hazardous downtown trees and sidewalks June 2015 20. Downtown Renewal, including sidewalks and appurtenances Jan 2015 21. Initiate and Complete review of Special Event Policy and Use of Mission Plaza Jan 2015 KEY WORK PROGRAM ASSUMPTIONS A key assumption is that current staffing levels remain constant. RESPONSIBLE DEPARTMENT Public Works will be the lead Department in accomplishing this goal. Key support Departments are Community Development for the Mission Plaza Plan, Parks and Recreation for the use and event planning for Mission Plaza, the Police Department and the City Attorney’s Office for safety and enforcement, and Administration for continued support of cultural attractions. FINANCIAL AND STAFF RESOURCES REQUIRED TO ACHIEVE THE GOAL Some of these expenses are funded using Measure Y resources. C-62 ATTACHMENT 2 C3 - 15 MAJOR CITY GOALS ASSESS AND RENEW THE DOWNTOWN Cost Summary 2013-142014-152013-142014-15 Mission Plaza Master Plan 50,000 Mission Style Railing 30,00030,000 Video Surveillance Camera 25,000 Tree and Sidewalk Replacements 40,000 Downtown Renewal 525,000 Restroom Janitorial Service 3,5007,500 Daytime Downtown Overtime (July - Aug)10,600 Daytime Downtown Overtime (Sept - Dec)49,900 Daytime Downtown Overtime (July - Dec)48,800 Two New Daytime Downtown Officers & Equipment 204,800310,400 Total $317,600$317,900$105,000$595,000 Operating Programs Capital Improvement Plan Funding Sources 2013-142014-152013-142014-15 NEA Grant (General Fund if grant not secured)50,000 General Fund 317,600317,90055,000595,000 Total $317,600$317,900$105,000$595,000 Operating Programs Capital Improvement Plan GENERAL FUND REVENUE POTENTIAL There is no direct potential for General Plan revenues from these projects; however, downtown renewal, revitalization, and public safety enforcement will support increased tourism and shopping. A successful and inviting downtown may contribute to stronger sales tax and transient occupancy tax revenues. Staff will seek grants to support update of the Downtown Concept Plan and has already submitted a grant application for the Mission Plaza Master Plan. OUTCOME - FINAL WORK PRODUCT These programs and projects will result in maintenance and enhancement to the Downtown, including Mission Plaza. Increased law enforcement and the new alcohol outlet regulations will make the downtown a safer place for visitors and residents alike. C-63 ATTACHMENT 2 C3 - 16 PUBLIC WORKS DEPARTMENT – ENGINEERING DIVISION Notice Requesting Proposals for MISSION PLAZA ASSESSMENT AND MASTER PLAN Specification No. 91300 July 2015 The City of San Luis Obispo is requesting sealed proposals for professional services associated with the Mission Plaza Assessment and Master Plan pursuant to Specification No. 91300. All sealed proposals must be received by the Public Works Department at 919 Palm Street, San Luis Obispo, CA 93401 by 2:00 P.M. on August 27, 2015 when they will be opened publicly. Proposals received after said time will not be considered. To guard against premature opening, each proposal shall be submitted to the Public Works Department in a sealed envelope plainly marked with the proposal title, specification number, Consultant name, and time and date of the proposal opening. Proposals shall be submitted using the forms provided in the specification package. Obtaining a Specification Package 1. Download from the City’s Web site www.slocity.org - Doing Business/Bids & Proposals page or using the following link: http://www.slocity.org/doing-business/doing-business-with-the-city/bids-and-proposals 2. Pick up a copy of the RFP at the above address Requests must include the RFP title and specification number. A list of companies that have requested a copy of the proposal is maintained on the project’s web page. General Work Description: In general, primary objectives for this project are to assess the present condition, uses and policies related to the existing Mission Plaza; determine impacts of plaza events on adjacent residential neighbors, businesses, Old Mission Church operations and San Luis Obispo Creek habitat; explore expansion of the plaza into the adjacent Broad/Monterey St. “dogleg” through permanent or temporary street closures; and provide a vision for the future of the plaza and surrounding streets. The overall goal is to revitalize and refresh this important community hub and provide the City a roadmap for planning of future maintenance and development projects for the plaza. Questions Questions should be directed to Bridget Fraser, Project Manager/Senior Civil Engineer, Public Works Department by email at bfraser@slocity.org on or before August 20, 2015. ATTACHMENT 3 C3 - 17 Mission Plaza Assessment and Master Plan: Specification No. 91300 Page 2 of 28 TABLE OF CONTENTS A. DESCRIPTION OF WORK ....................................................................................................................................... 3  1. INTRODUCTION ............................................................................................................................................... 3  2. PROJECT BACKGROUND .............................................................................................................................. 3  3. SCOPE OF CONSULTANT’S WORK .............................................................................................................. 7  4. PROJECT BUDGET ......................................................................................................................................... 9  5. BACKGROUND INFORMATION- RESOURCES ............................................................................................. 9   6. INFORMATION PROVIDED BY THE CITY ...................................................................................................... 9  7. EXHIBITS .......................................................................................................................................................... 9  B. GENERAL TERMS AND CONDITIONS ................................................................................................................ 12  1. PROPOSAL REQUIREMENTS ...................................................................................................................... 12  2. CONTRACT AWARD AND EXECUTION ....................................................................................................... 13  C. PROPOSAL CONTENT AND SELECTION PROCESS ........................................................................................ 14  1. PROPOSAL CONTENT .................................................................................................................................. 14  2. PROPOSAL EVALUATION AND CONSULTANT SELECTION ..................................................................... 14  D. FORM OF AGREEMENT ...................................................................................................................................... 16  E. PROPOSAL SUBMITTAL FORMS ....................................................................................................................... 24  1. ACKNOWLEDGEMENT ................................................................................................................................. 24  2. INSURANCE CERTIFICATE .......................................................................................................................... 24  3. STATEMENT OF PAST CONTRACT DISQUALIFICATIONS ....................................................................... 25  4. CONSULTANT REFERENCES ...................................................................................................................... 26  5. SUBCONSULTANT LISTING ......................................................................................................................... 26  F INSURANCE REQUIREMENTS: Consultant Services ......................................................................................... 28  ATTACHMENT 3 C3 - 18 Mission Plaza Assessment and Master Plan: Specification No. 91300 Page 3 of 28 A. DESCRIPTION OF WORK 1. INTRODUCTION The City of San Luis Obispo (City) is seeking qualifications/proposals from qualified firms (Consultant) to provide comprehensive services for the Mission Plaza Assessment and Master Plan project (Project). It is anticipated the consultant, and/or subconsultants, will provide expertise in urban design and planning, infrastructure assessment, and event management. In general, primary objectives for this project are to assess the present condition, uses and policies related to the existing Mission Plaza (Plaza); determine impacts of Plaza events on adjacent residential neighbors, businesses, Mission Church operations and creek habitat; explore expansion of the Plaza into the adjacent Broad /Monterey St. “dogleg” through permanent or temporary street closures; provide a vision for the future of the Plaza and surrounding streets; and prioritize identified improvements. The overall goal is to revitalize and refresh this important community hub and provide a roadmap for planning of future maintenance and development projects for the Plaza. 2. PROJECT BACKGROUND Whether it’s a downtown employee having a quiet lunch break by the creek, kids riding the holiday carousel, or a lively summer concert series, Mission Plaza plays host to a wide variety of events and uses and is often referred to as the City’s “jewel.” Since its inception in the 1970s, Mission Plaza has served as the cultural and historical “heart” of the San Luis Obispo’s downtown with its adjacency to the Mission San Luis Obispo de Tolosa, and serves as the gateway to the City’s cultural center along Monterey Street to the west as well as the City’s vibrant downtown. Mission Plaza functions as both a City “park” as well as a public event space. a. Mission Plaza Development. Mission Plaza is situated in the downtown core, sandwiched between the Old Mission Church properties to the north, San Luis Obispo Creek to the south and flanked east and west by Chorro and Broad Streets. The Plaza was derived from the closure of one block of Monterey Street between Chorro and Broad Streets and the properties to the south of the street bordering the creek. A majority of the Plaza development occurred in the early 1970s consisting of the main plaza area, a fountain, planters, steps fronting the active Old Mission Church, a lower deck overlooking the creek, restrooms, a small amphitheater, lighting, walkways and railings along the creek and landscaping throughout. Since this initial development, repairs and replacements have occurred throughout the plaza including replacement of stairs and railings, replacement of a footbridge, remodel of the restroom for ADA compliance and repairs to the railings and the deck of the Warden Bridge. Between 1986 and 1999, further development of the creek-side walkways continued downstream along both sides of San Luis Obispo Creek into the next block from Broad Street to Nipomo Streets. Although this “creek walk” is considered a part of Mission Plaza, it is not a part of this project. These creek walk projects are referred to in many archives as Mission Plaza Expansion or Mission Plaza Extension and should not be confused with references to Mission Plaza expansion into the Broad/Monterey Street “dogleg.” b. Project Site - Physical Boundaries. For the purposes of this assessment and master planning effort, the project site will focus on the existing main Plaza areas bounded by Broad Street, Chorro Street, the Old Mission Church and San Luis Obispo Creek, including Warden Bridge and the pedestrian bridge approximately 240’ downstream. This project will also include the two-block section of right-of -way referred to as the Broad/Monterey Street “dogleg” which begins at Palm and Broad Streets to the north and ends at Broad and Monterey Streets to the south at the San Luis Obispo Museum of Art. Refer to Exhibit A for a vicinity map showing the project limits. ATTACHMENT 3 C3 - 19 Mission Plaza Assessment and Master Plan: Specification No. 91300 Page 4 of 28 c. Current Plaza Uses. Mission Plaza hosts a variety of small to large scale events that are scheduled throughout the year such as concerts, art fairs, and community events. Small and medium scale events are held within the confines of the Plaza. Large scale events require the temporary closure of the “dogleg” to vehicular traffic. In these cases, the roadway itself is used as public plaza space for these larger events. The adjacent Old Mission Catholic Church also periodically uses Mission Plaza for activities associated with weddings, funerals and graduation ceremonies for Mission College Preparatory School. For reference, a Plaza events list for the year 2014 is attached as Exhibit B. Although the plaza is home to many lively and/or large weekend events, it is also used daily by many for passive activities. You may see kids tossing pennies in the “Bear” fountain, or families wading through the creek on hot summer days or someone finding a quiet bench to read. The passive uses of Mission Plaza are equally as important to the community and visitors as the larger scheduled events. The Plaza periodically experiences use that is not compatible with envisioned community and visitor uses, requiring police response or partial closures. In addition to the many uses of the plaza, a property owner retains vehicular access rights through the plaza and over Warden Bridge to a private parking lot and building on the easterly side of the creek. d. Project Stakeholders. Mission Plaza is an important and well used community space. Any planned extensions or changes to the plaza will be of key interest to those who use, manage, and maintain the plaza and to those who live or operate business nearby. Key stakeholders currently identified for this project include: Internal (City) 1) Parks and Recreation Department - responsible for permitting and management of plaza events 2) Parks Maintenance Division of the Public Works Department - responsible for maintenance of the Plaza facilities 3) Transportation Division of the Public Works Department – responsible for traffic circulation, bus routes and bus stops, parking facilities 4) Police and Fire Departments 5) Utilities Department 6) Natural Resources Division of the Administration Department External Stakeholders: 1) Organizations that sponsor events in the plaza, 2) People who use the plaza daily or on an occasional basis (both San Luis Obispo residents and visitors) 3) Adjacent businesses and property owners 4) Residential neighbors 5) Old Mission Catholic Church 6) San Luis Obispo Downtown Association 7) San Luis Obispo Chamber of Commerce 8) Ken Schwartz, Pierre Rademaker, Chuck Crotser, Andrew Merriam – 4 of the 5 original creators of the City’s 1993 Downtown Concept Plan 9) San Luis Obispo Museum of Art 10) Historical Center of San Luis Obispo ATTACHMENT 3 C3 - 20 Mission Plaza Assessment and Master Plan: Specification No. 91300 Page 5 of 28 e. Existing Conditions, Issues, Concerns. Given the age and popularity of the plaza, many issues and concerns have arisen which should be addressed as part of this project. The following is a list of issues or areas of concerns currently known to the City. It is anticipated that more issues or concerns may be revealed during the research and stakeholder/public outreach phases. Infrastructure 1) Effects of plaza landscaping and irrigation adjacent to the Old Mission building. The Lemon Eucalyptus trees need replacement due to disease and their proximity to the Mission building. Moisture from the turf irrigation and its effects on the Mission building are also of concern. 2) Review the drought tolerance of the plaza landscaping. 3) Plant material is becoming deteriorated. 4) Management of runoff from events into creek – Cleanliness is a requirement in such close proximity to creek. 5) Review surface treatments for damaged walkways and drive aisles. Tiles in Mission-style pavement are high maintenance. 6) Maintenance of creek walls – grout is missing from walls. 7) Maintenance or replacements for pedestrian and vehicle bridges. 8) Bank stabilization. 9) Lighting – Needs updating. Wood poles are failing. Review light levels and light placement and compliance with Night Sky Ordinance requirements. 10) Public restroom facility size, condition, location and accessibility – Is the existing facility adequate? 11) Accessibility throughout the plaza – restroom, amphitheater, walkways, creek walks. 12) Flag display – Is it located properly? Where is best location? 13) Creek drainage maintenance. 14) Creek native landscape opportunity. 15) Control of highly invasive species (“Tree of Heaven”) in the creek area. Events & Uses 1) Impact of events on Old Mission Church operations – including timing, noise, duration and size. 2) Impact of events on nearby residents and businesses. 3) Capacity of the plaza for events - size and types of events – existing and future. 4) Frequency of events. 5) Public access to the Plaza and the Church during events. 6) Pedestrian connectivity and circulation. 7) Broad/Monterey Street “dog leg” uses and design- appearance, function, traffic circulation impacts, impacts to neighbors. (More “dogleg” background information below.) 8) Security. Visibility of plaza areas during day and night for enforcement personnel. Increase active elements in plaza to increase number of people present in the facility. 9) Impact of future SLO Museum of Art expansion and potential History Center of SLO expansion. 10) Impacts of illegal activities. 11) Impacts of gatherings of people, dogs off leash, and other activities associated with transient behaviors. 12) Special Event Permittees not following permit conditions. 13) Should the Plaza contain more Public Art elements? 14) Should play equipment or more “park” like amenities be incorporated into the plaza? ATTACHMENT 3 C3 - 21 Mission Plaza Assessment and Master Plan: Specification No. 91300 Page 6 of 28 f. Background of Mission Plaza Expansion and Closure of Adjacent Streets. As part of this project, the consultant is being asked to explore uses (and closure or intermittent closure) for the adjacent 2-block street area southerly of the current plaza, known as the “dogleg,” as an area for potential expansion of the Plaza. It is important for the Consultant to be aware of past efforts and events associated with expansion into this street area Although never realized, this “vision” for expanding the Plaza southerly into the adjacent streets has been around since the early 1990s with mixed support from Council throughout the years. In 1993, Council adopted “A Conceptual Physical Plan for the City’s Center” (Downtown Concept Plan) which provides guidance to private and public developments in the downtown. This concept plan states that Broad Street (Palm to Higuera) and Monterey Street (Broad to Nipomo) should be abandoned and converted into pedestrian ways as an extension to Mission Plaza. This identifies a four-block closure of Broad and Monterey Streets southerly of the Plaza. Refer to Exhibit A - Downtown Concept Plan. This vision of closing streets and expanding Mission Plaza was carried forward with Council’s adoption of the 1994 Circulation Element which identifies a planned capital project to close Broad Street (Palm to Higuera) and Monterey Street (Nipomo to Broad) consistent with the Downtown Concept Plan and expand Mission Plaza. Expansion of the Plaza surfaced again in the 1995-97 and 1997-99 Financial Plans but was never adopted into a budget until the 1999-2001 Financial Plan where funds were budgeted to provide study and design for the closure of the Monterey/Broad Street dogleg and expansion of Mission Plaza into that area. This project was for a 2-block closure of the Monterey/Broad Street dogleg not the 4 block closure identified in the Downtown Concept Plan or the 1994 Circulation Element. In 2001 and 2002, considerable work was completed on the study and design of the dogleg closure including traffic studies, stakeholder and community meetings, development of four concept plans based on varying degrees of street access and closure and phasing plans. Before moving forward with a final concept plan to close the dogleg, these options were presented to Council at a study session to decide whether to proceed with design of the full street closure consistent with the Downtown Concept Plan and 1994 Circulation Element, or proceed with a partial closure as a step toward the ultimate goal of full closure, or continue to provide one- or two-way circulation with temporary closures for events as a permanent solution. Council opted to leave the dogleg open to two-way traffic. Based on Council direction, the concept plans developed for the dogleg area maintained the two way traffic but brought the street into the plaza not by closure but through street and landscaping improvements giving the area a similar look and feel of the plaza. In 2003, the concept plans were reviewed and approved by the City’s Cultural Heritage Committee and the Architectural Review Commission. In 2004, work ceased on the project and the remaining funds to develop construction documents was eliminated due to the fiscal challenges at that time and lack of construction funding to implement the concept. Consideration of elimination of the dogleg resurfaced again in 2013 with the adoption of 2013-15 Financial Plan including a Major City Goal to Assess and Renew the Downtown. The Goal includes a work program to update and prepare a new master plan for Mission Plaza. The tone has changed somewhat where the emphasis, this time, is to consider eliminating the dogleg, identify uses and design of this street segment as part of Mission Plaza and to review options of: 1) leaving the dogleg as is, 2) adding the dogleg area permanently to the Plaza and 3) creating a versatile area capable of serving both needs. ATTACHMENT 3 C3 - 22 Mission Plaza Assessment and Master Plan: Specification No. 91300 Page 7 of 28 In 2014, Council adopted an updated Land Use Element which carries forward the vision of expanding Mission Plaza but rather than direct full closure, it states to explore the full or partial closure of the dogleg street section (LU 4.27). This 2014 Land Use Element identifies just the two block “dogleg” portions of Monterey and Broad not the original four-block section identified in the Downtown Concept Plan and the 1994 Circulation Element. g. Related Work. Updating of the Downtown Concept Plan is scheduled to occur over the next year. It is expected that the work of this Mission Plaza Assessment and Master Plan will be highly integrated with the updated Downtown Concept Plan. The consultant should anticipate coordinating outreach efforts and deliverables with the consultant selected for the Concept Plan update. The consultant is encouraged to propose on both projects. 3. SCOPE OF CONSULTANT’S WORK The consultant will be responsible for comprehensive services, studies and all related materials required to provide the project objectives and deliverables described below and ultimately deliver a Council-approved comprehensive Master Plan for the revitalization and possible expansion of Mission Plaza. It is anticipated that, at a minimum, the scope of Consultant’s work will generally include the following task/services/deliverables including the estimated timelines for completion: a. Coordination with Downtown Concept Plan Update Consultant. October 2015 Work with the Downtown Concept Plan Update consultant to coordinate work and outreach efforts and deliverables. Update project schedule. b. Evaluation and Assessment of Existing Conditions. November-December 2015 Through investigation, evaluation, research, special studies, and stakeholder outreach, develop a thorough understanding and assessment of: 1) Current internal stakeholders responsibilities, concerns, needs and desires. 2) Project constraints and limitations. 3) Previous Mission Plaza expansion design work performed in 2001-2003 and determine if useable for current project. 4) Potential uses for the two-block dogleg street segment as an expansion to Mission Plaza and identify options of: 1) leaving the dogleg as is, 2) adding the dogleg area permanently to the Plaza through permanent closure of the street segment, and 3) creating a versatile area capable of serving both needs as a street and a plaza. 5) Circulation and access patterns of pedestrians, bicyclists and motorists in and adjacent to existing and proposed plaza boundaries. (Consultant will prepare traffic impact studies for possible dogleg street closure in accordance with the City’s Multimodal Transportation Impact Study Guidelines. Refer to link provided in Background Information-Resources.) 6) Current plaza uses and events. 7) Impacts of existing plaza use/events on, and needs of:  Adjacent residential neighbors  Mission Church operations  Adjacent businesses  Creek/Sensitive habitat  Trees, turf and plant materials 8) Current physical condition of plaza amenities (bridges, restroom, walkways, amphitheater, trees and vegetation, etc.) and supporting infrastructure (water, sewer, electrical, etc.). 9) Size and dimensions of the plaza, amenities, streets, and utility locations. 10) Current City policies relating to the Plaza and identify deviation/conformance to existing policy. 11) Current codes and regulations governing the Plaza and identify any deficiencies. 12) Current codes and policies that relate to event size and event type. ATTACHMENT 3 C3 - 23 Mission Plaza Assessment and Master Plan: Specification No. 91300 Page 8 of 28 13) Current codes and regulations governing impacts of development on creek habitat and cultural resources. 14) Impact of population growth on Plaza amenities, infrastructure, Plaza capacity, event types and sizes. 15) Operations & event management of other City’s with special facilities such as Mission Plaza that are both a “park” plaza as well as a public event space. c. Public/Stakeholder Outreach. December 2015 - January 2016 Prepare all materials and conduct presentations and surveys to engage the public and stakeholders through various forms of outreach - public workshops, opinion surveys, social media, websites to gain input into the public/stakeholders concerns, needs and desires for the future of the plaza particularly with regards to: 1) Possible expansion. 2) Traffic circulation and options for closure (permanent, temporary) of the dogleg. 3) Type and size of plaza events. 4) Safety concerns. 5) Desires for new park/plaza amenities – play equipment, public art, etc. 6) Changes to the existing conditions, uses, policies. d. Assessment/Pre-design Report. February 2016 Prepare a comprehensive report detailing the findings and outcomes of the assessment and outreach tasks. Prepare project goals and objectives based on data and input received. Provide recommendations/alternatives for achieving the project goals and objectives including several recommendations/alternatives for use of the dogleg. Sketch formats should be used. Develop criteria to use for prioritization of repairs and improvements. Present materials to staff/Stakeholders. Revise as needed. e. Combined Council/Planning Commission Study Session. March 2016 Present assessment/pre-design report at a study session to gain Council’s input/direction on preferred alternatives for achieving project goals and objects and use of the dogleg. f. Develop Draft Plans. April – May 2016 Based on Council direction and all input received, prepare: 1) Draft concept plan (scaled) for improvements to the existing plaza and dogleg areas. 2) Draft phasing plan for implementation of the concept including prioritization and high level cost estimates for each phase. 3) Draft Maintenance and Repair Plan for upgrade or replacement of Plaza infrastructure and amenities based on current and future uses of the Plaza 4) Events Management Plan for the Plaza to include items such as hours of use, restrictions on use, days of use, types of use, and event capacity. 5) Planning Application and checklist materials as required for all Public Hearings/approvals. Attend pre-application meetings with planning staff. Submit all draft materials to staff for review. Revise as needed. g. Public Review/Approval Process. June - July 2016 Prepare for and present draft plans at the following City advisory body public hearings: 1) Parks and Recreation Commission 2) Cultural Heritage Committee 3) Architectural Review Commission 4) Planning Commission ATTACHMENT 3 C3 - 24 Mission Plaza Assessment and Master Plan: Specification No. 91300 Page 9 of 28 h. Council Review of Draft Plans. August 2016 Prepare for and present draft plans to City Council including input received from all advisory bodies. i. Final Council Approval. September 2016 Based on input from Council’s review of the draft plans, prepare final assessments, reports, plans, cost estimates and present to Council for final approval. 4. PROJECT BUDGET A budget of $90,000 is earmarked for consultant services for this project. 5. BACKGROUND INFORMATION- RESOURCES The following items are available for download via the links, if given, below or available for review at the Public Works Department upon request: a. 2013-15 Financial Plan Major City Goal Statement-Assess and Renew the Downtown (page C- 52): http://www.slocity.org/Home/ShowDocument?id=5823 b. 2013-15 Capital Improvement Plan Project Description – Mission Plaza Master Plan Development (page 3-381): http://www.slocity.org/Home/ShowDocument?id=4889 c. 1993 Conceptual Physical Plan for City’s Center – Poster available for purchase d. General Plan: http://www.slocity.org/government/department-directory/community- development/planning-zoning/general-plan e. San Luis Obispo Museum of Art: Proposed Expansion f. 2002 Mission Plaza Dogleg Project – Council Study Session Report and exhibits, ARC Report and exhibits. g. Planning Application and checklists and other information Planning information: http://www.slocity.org/how-do-i/apply-for/permits/permits-for-developers-and-contractors h. Special Events Application and Agreement Template. i. Mulitmodal Transportation Impact Study Guidelines: http://www.slocity.org/home/showdocument?id=6029 6. INFORMATION PROVIDED BY THE CITY The following data and information is available to the consultant for the purposes of this project. Consultant shall use at their own risk. a. GIS data and maps – available on City Website: http://www.slocity.org/government/department- directory/finance-and-it/gis-mapping-division b. Autocad Drawings – various CAD files/drawings from prior Mission Plaza construction projects c. Electronic Drawings of past Mission Plaza construction projects The City will provide the following task/services for this project: a. Preparation of Initial Study b. Traffic Counts 7. EXHIBITS The following exhibits follow this section: a. Vicinity Map with Project Limits and Excerpt of 1993 Downtown Concept Map b. 2014 Mission Plaza Scheduled Events ATTACHMENT 3 C3 - 25 Mission Plaza Assessment and Master Plan: Specification No. 91300 Page 10 of 28 ATTACHMENT 3 C3 - 26 Mission Plaza Assessment and Master Plan: Specification No. 91300 Page 11 of 28 EXHIBIT B ATTACHMENT 3 C3 - 27 Mission Plaza Assessment and Master Plan: Specification No. 91300 Page 12 of 28 B. GENERAL TERMS AND CONDITIONS 1. PROPOSAL REQUIREMENTS a. Requirement to Meet All Provisions. Each individual or firm submitting a proposal (Consultant) shall meet all of the terms, and conditions of the Request for Proposals (RFP) specifications package. By virtue of its proposal submittal, the Consultant acknowledges agreement with and acceptance of all provisions of the RFP specifications. b. 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 Public Works Department, City of San Luis Obispo, 919 Palm Street, San Luis Obispo, CA, 93401. Each proposal submittal shall include one electronic copy of the proposal, submitted in Adobe Acrobat format on CD or flash drive. In order to guard against premature opening, the proposal should be clearly labeled with the proposal title, specification number, name of Consultant, and date and time of proposal opening. No FAX submittals will be accepted. c. 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 Consultant’s insurance coverage during proposal evaluation; as discussed under paragraph 13 below, endorsements are not required until contract award. The City’s insurance requirements are detailed in Section F. d. Submittal of References. Each proposer shall submit a statement of qualifications and references on the forms provided in the RFP package. e. Statement of Contract Disqualifications. Each proposer shall submit a statement regarding any past government disqualifications on the form provided in the RFP package. f. Proposal Withdrawal and Opening. A Consultant may withdraw its proposal, without prejudice prior to the time specified for the proposal opening, by submitting a written request to the City Engineer for its withdrawal, in which event the proposal will be returned to the Consultant unopened. No proposal received after the time specified or at any place other than that stated in the "Notice Requesting Proposals" will be considered. All proposals will be opened and declared publicly. Consultants or their representatives are invited to be present at the opening of the proposals. g. 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 Consultant submitting a proposal, or who has quoted prices on materials to such Consultant, is not thereby disqualified from submitting a sub-proposal or from quoting prices to other Consultants submitting proposals. h. 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. i. Alternative Proposals. When specifically requested, the proposer may submit an alternative proposal (or proposals) that it believes will also meet the City's project objectives but in a different way. In this case, the proposer must provide an analysis of the advantages and disadvantages of each of the alternatives, and discuss under what circumstances the City would prefer one alternative to the other(s). If an alternative proposal is submitted, the maximum length of the proposal may be expanded proportionately by the number of alternatives submitted. ATTACHMENT 3 C3 - 28 Mission Plaza Assessment and Master Plan: Specification No. 91300 Page 13 of 28 2. CONTRACT AWARD AND EXECUTION a. 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. b. Competency and Responsibility of Consultant. The City reserves full discretion to determine the competence and responsibility, professionally and/or financially, of Consultants. Consultants will provide, in a timely manner, all information that the City deems necessary to make such a decision. c. Contract Requirement. The Consultant to whom award is made (Consultant) shall execute a written contract with the City within ten (10) calendar days after notice of the award has been sent by mail to it at the address given in its proposal. The contract shall be made in the form adopted by the City and incorporated in these specifications. d. Insurance Requirements. The Consultant shall provide proof of insurance in the form, coverages and amounts specified in Section G of these specifications within 10 (ten) calendar days after notice of contract award as a precondition to contract execution. e. Business License & Tax. The Consultant 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. f. Failure to Accept Contract. The following will occur if the Consultant to whom the award is made (Consultant) fails to enter into the contract: the award will be annulled; any bid security will be forfeited in accordance with the special terms and conditions if a Consultant's bond or security is required; and an award may be made to the next highest ranked Consultant with whom a responsible compensation is negotiated, who shall fulfill every stipulation as if it were the party to whom the first award was made. ATTACHMENT 3 C3 - 29 Mission Plaza Assessment and Master Plan: Specification No. 91300 Page 14 of 28 C. PROPOSAL CONTENT AND SELECTION PROCESS 1. PROPOSAL CONTENT a. Submittal Forms 1) Acknowledgement 2) Certificate of Insurance 3) References from at least three firms for whom you have provided similar services. 4) Statement of Past Disqualifications b. Qualifications 1) Experience of your firm in performing similar services 2) Experience of the staff to be assigned to the project in performing similar services 3) Redundancy in the company of staff experienced in this type of work 4) Resumes of the individuals who would be assigned to this project, including any sub- consultants 5) Statement and explanation of any instances where your firm has been removed from a project or disqualified from proposing on a project 6) Standard hourly billing rates for consultant and sub-consultant staff c. Work Program 1) Description of your approach to completing the work. Provide a breakdown of the major tasks to be performed with a detailed description of the work performed for each task. 2) Tentative schedule by phase and task for completing the work 3) Estimated hours for your staff in performing each major phase of the work, including sub- consultants 4) Services or data anticipated to be provided by the City 5) Any other information that would assist us in making this contract award decision d. Proposal Length and Copies 1) Proposals should be the minimum length to provide the required information. Charts and other short form approaches to conveying information are encouraged. 2) 5 copies of the proposal must be submitted. 3) 1 Adobe Acrobat PDF format electronic copy must be submitted on CD or flash drive. 2. PROPOSAL EVALUATION AND CONSULTANT SELECTION a. Written Proposal Review/Finalist Candidate Selection Proposals will be reviewed by a selection committee and ranked in accordance with the responsiveness, qualifications and understanding of the Consultant relative to these specification requirements. Generally, proposals/candidates will be ranked on the following criteria: 1) Understanding of the work required by the City. 2) Familiarity with the project, the issues involved with the site and proposed function of the Mission Plaza. 3) Demonstrated competence and professional qualifications necessary for successfully performing the work required by the City. 4) Recent experience in successfully performing similar services. 5) Proposed approach in completing the work. 6) References. 7) Background and experience of the specific individuals to be assigned to this project. 8) Quality, clarity and responsiveness of the proposal. ATTACHMENT 3 C3 - 30 Mission Plaza Assessment and Master Plan: Specification No. 91300 Page 15 of 28 Where one proposal is rated consistently higher than the others, the consultant may be selected as the top ranked consultant for purposes of contract negotiation. Alternatively, a group of finalist candidates (generally the top 3 to 5 five proposers) may be selected for follow-up interviews and presentations, or requests for additional clarifying information, before a final top ranked consultant is determined. b. Oral Presentations/Interviews Finalist candidates will be requested to make an oral presentation to the review committee and answer questions about their proposal, or respond to a written request for additional information within an allotted time. The purpose of this second phase is two-fold: to clarify and resolve any outstanding questions or issues about the proposal; and, in the case of presentations, to evaluate the proposer’s ability to clearly and concisely present information orally. c. Consultant Selection and Compensation At or before the Oral Presentations/Interviews, finalist candidates will submit proposed compensation costs for the work, including a proposed payment schedule tied to accomplishing key project milestones or tasks. After evaluating the proposals and discussing them further with the finalists or the tentatively selected Consultant, the City reserves the right to further negotiate the proposed workscope and/or method and amount of compensation. If the City is unable to come to an agreement on the terms of the contract or the amount of compensation, the City reserves the right to negotiate with the next highest ranked consultant. Contract award will be based on a combination of factors that represent the best overall value for completing the workscope as determined by the City, including: the written proposal criteria described above; results of background and reference checks; results from the interviews and presentations phase; and proposed compensation. d. Proposal Review and Award Schedule The following is an outline of the anticipated schedule for proposal review and contract award: 1) Issue RFP 7/25/2015 2) Receive proposals 8/27/2015 3) Complete proposal evaluation 9/10/2015 4) Conduct finalist interviews 9/21/2015 5) Finalize staff recommendation 9/22/2015 6) Negotiate Final Workscope 9/30/2015 7) Award contract 10/09/2015 8) Execute contract 10/16/2015 9) Start work/Project Kickoff Meeting 10/19/2015 e. Questions. Questions or information concerning this project for preparations of proposal may be directed to Bridget Fraser, City of San Luis Obispo, Public Works Department, 919 Palm Street, CA 93401, (805) 781-7192, bfraser@slocity.org, no later than 4:00 p.m. on Thursday, August 20, 2015. Questions received after this time and date will not receive responses. ATTACHMENT 3 C3 - 31 Mission Plaza Assessment and Master Plan: Specification No. 91300 Page 16 of 28 D. 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 [CONSULTANT’S NAME IN CAPITAL LETTERS], hereinafter referred to as Consultant. W I T N E S S E T H WHEREAS, on __________, City requested proposals for comprehensive professional services for the Mission Plaza Assessment and Master Plan per Specification No. 91300. WHEREAS, pursuant to said request, Consultant submitted a proposal that was accepted by City for said services. NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows: 1. Term. The term of this Agreement shall be from the date this Agreement is made and entered, as first written above, until acceptance or completion of said services. 2. Start of Work. Work on this project shall begin within 7 calendar days after contract execution. 3. Incorporation by Reference. The following are here by incorporated in and made a part of this agreement: a) City Specification No. 91300 b) Consultant's proposal dated ___________ c) Attachment A. Consultant’s Amended Work Plan and Compensation Schedule To the extent that there are any conflicts between the City’s specification and this Agreement and the Consultant’s proposal, the terms of the City’s specification and this Agreement shall prevail, unless specifically agreed otherwise in writing signed by both. 4. City's Obligations. For providing consulting services as specified in this Agreement, City will pay and Consultant shall receive compensation to be paid on a time and materials basis in a total sum not to exceed $___________ in accordance with the tasks identified in Attachment A - Consultants Work Plan and Compensation Schedule hereto attached. Payments will be based upon the actual project billing as invoiced by the consultant. 5. Consultant's Obligations. For and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by City, Consultant agrees with City to do everything required by this Agreement, said specifications, referenced documents and attachments. 6. 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 Engineer. 7. Work Delays. Should the Consultant be obstructed or delayed in the work required to be done hereunder by changes in the work or by any default, act, or omission of the City, or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or labor due to federal government restrictions arising out of defense or war programs, then the time of completion may, at the City's sole option, be extended for such periods as may be agreed upon by the City and the Consultant. In the event that there is insufficient time to grant such extensions prior to the completion date of the contract, the City may, at the time of acceptance of the work, waive liquidated damages 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. ATTACHMENT 3 C3 - 32 Mission Plaza Assessment and Master Plan: Specification No. 91300 Page 17 of 28 8. Working Out of Scope. If, at any time during the project, the consultant is directed to do work by persons other than the City Project Manager and the Consultant believes that the work is outside of the scope of the original contract, the Consultant shall inform the Project Manager immediately. If the Project Manager and Consultant both agree that the work is outside of the project scope and is necessary to the successful completion of the project, then a fee will be established for such work based on Consultant's hourly billing rates or a lump sum price agreed upon between the City and the Consultant. Any extra work performed by Consultant without prior written approval from the City Project Manager shall be at Consultant's own expense. 9. Termination. If, during the term of the contract, the City determines that the Consultant is not faithfully abiding by any term or condition contained herein, the City may notify the Consultant in writing of such defect or failure to perform. This notice must give the Consultant a 10 (ten) calendar day notice of time thereafter in which to perform said work or cure the deficiency. If the Consultant has not performed the work or cured the deficiency within the ten days specified in the notice, such shall constitute a breach of the contract and the City may terminate the contract immediately by written notice to the Consultant to said effect. Thereafter, neither party shall have any further duties, obligations, responsibilities, or rights under the contract except, however, any and all obligations of the Consultant's surety shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the termination thereof. In said event, the Consultant shall be entitled to the reasonable value of its services performed from the beginning date in which the breach occurs up to the day it received the City's Notice of Termination, minus any offset from such payment representing the City's damages from such breach. "Reasonable value" includes fees or charges for goods or services as of the last milestone or task satisfactorily delivered or completed by the Consultant as may be set forth in the Agreement payment schedule; compensation for any other work, services or goods performed or provided by the Consultant shall be based solely on the City's assessment of the value of the work-in-progress in completing the overall workscope. The City reserves the right to delay any such payment until completion or confirmed abandonment of the project, as may be determined in the City's sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall the Consultant be entitled to receive in excess of the compensation quoted in its proposal. If, at any time during the term of the contract, the City determines that the project is not feasible due to funding shortages or unforeseen circumstances, the City reserves the right to terminate the contract. Consultant will be paid compensation due and payable to the date of termination. 10. Ability to Perform. The Consultant warrants that it possesses, or has arranged through subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry out and complete the work hereunder in compliance with any and all applicable federal, state, county, city, and special district laws, ordinances, and regulations. 11. Sub-contract Provisions. No portion of the work pertinent to this contract shall be subcontracted without written authorization by the City, except that which is expressly identified in the Consultant’s proposal. Any substitution of sub-consultants must be approved in writing by the City. For any sub-contract for services in excess of $25,000, the subcontract shall contain all provisions of this agreement. 12. Contract Assignment. The Consultant shall not assign, transfer, convey or otherwise dispose of the contract, or its right, title or interest, or its power to execute such a contract to any individual or business entity of any kind without the previous written consent of the City. 13. Inspection. The Consultant shall furnish City with every reasonable opportunity for City to ascertain that the services of the Consultant are being performed in accordance with the requirements and intentions of this contract. All work done and all materials furnished, if any, shall be subject to the City's inspection and approval. The inspection of such work shall not relieve Consultant of any of its obligations to fulfill its contract requirements. 14. Record Retention and Audit. For the purpose of determining compliance with various laws and regulations as well as performance of the contract, the Consultant and sub-consultants shall maintain all books, ATTACHMENT 3 C3 - 33 Mission Plaza Assessment and Master Plan: Specification No. 91300 Page 18 of 28 documents, papers, accounting records and other evidence pertaining to the performance of the contract, including but not limited to the cost of administering the contract. Materials shall be made available at their respective offices at all reasonable times during the contract period and for (3) three years from the date of final payment under the contract. Authorized representatives of the City shall have the option of inspecting and/or auditing all records. 15. Conflict of Interest. The Consultant shall disclose any financial, business, or other relationship with the City that may have an impact upon the outcome of this contract, or any ensuing City construction project. The Consultant shall also list current clients who may have a financial interest in the outcome of this contract, or any ensuing City construction project which may follow. The Consultant staff shall provide a Conflict of Interest Statement where determined necessary by the City. The Consultant 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 Consultant further covenants that, in the performance of this work, no sub-consultant or person having such an interest shall be employed. The Consultant certifies that no one who has or will have any financial interest in performing this work is an officer or employee of the City. It is hereby expressly agreed that, in the performance of the work hereunder, the Consultant shall at all times be deemed an independent Consultant and not an agent or employee of the City. 16. Rebates, Kickbacks or Other Unlawful Consideration. The Consultant warrants that this contract was not obtained or secured through rebates, kickbacks or other unlawful consideration, either promised or paid to any City employee. For breach or violation of the warranty, the City shall have the right in its discretion; to terminate the contract without liability; to pay only for the value of the work actually performed; to deduct from the contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration. 17. Covenant Against Contingent Fees. The Consultant warrants by execution of this contract that no person or selling agency has been employed, or retained, to solicit or secure this contract upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Consultant for the purpose of securing business. For breach or violation of this warranty, the City has the right to annul this contract without liability; pay only for the value of the work actually performed, or in its discretion, to deduct from the contract price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee. 18. Compliance with Laws and Wage Rates. The Consultant shall keep itself fully informed of and shall observe and comply with all applicable state and federal laws and county and City of San Luis Obispo ordinances, regulations and adopted codes during its performance of the work. This includes compliance with prevailing wage rates and their payment in accordance with California Labor Code. For purposed of this paragraph, “construction” includes work performed during the design and preconstruction phases of construction, including but not limited to, inspection and land surveying work. 19. Payment of Taxes. The contract prices shall include full compensation for all taxes that the Consultant is required to pay. 20. Permits, Licenses and Filing Fees. The Consultant shall procure all permits and licenses, pay all charges and fees, and file all notices as they pertain to the completion of the Consultant’s work. The City will pay all application fees for permits required for the completion of the project including any planning/building and regulatory permit application fees. Consultant will provide a 10 day notice for the City to issue a check. 21. Safety Provisions. The Consultant shall conform to the rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Safety. 22. Public and Employee Safety. Whenever the Consultant's operations create a condition hazardous to the public or City employees, it shall, at its expense and without cost to the City, furnish, erect and maintain such fences, temporary railings, barricades, lights, signs and other devices and take such other protective measures as are necessary to prevent accidents or damage or injury to the public and employees. ATTACHMENT 3 C3 - 34 Mission Plaza Assessment and Master Plan: Specification No. 91300 Page 19 of 28 23. Preservation of City Property. The Consultant shall provide and install suitable safeguards, approved by the City, to protect City property from injury or damage. If City property is injured or damaged resulting from the Consultant's operations, it shall be replaced or restored at the Consultant's expense. The facilities shall be replaced or restored to a condition as good as when the Consultant began work. 24. Immigration Act of 1986. The Consultant warrants on behalf of itself and all sub-consultants 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. 25. Consultant Non-Discrimination. In the award of subcontracts or in performance of this work, the Consultant agrees that it will not engage in, nor permit such sub-consultants as it may employ, to engage in discrimination in employment of persons on any basis prohibited by State or Federal law. 26. Accuracy of Specifications. The specifications for this project are believed by the City to be accurate and to contain no affirmative misrepresentation or any concealment of fact. Consultants are cautioned to undertake an independent analysis of any test results in the specifications, as City does not guaranty the accuracy of its interpretation of test results contained in the specifications package. In preparing its proposal, the Consultant and all sub-consultants named in its proposal shall bear sole responsibility for proposal preparation errors resulting from any misstatements or omissions in the specifications that could easily have been ascertained by examining either the project site or accurate test data in the City's possession. Although the effect of ambiguities or defects in the specifications will be as determined by law, any patent ambiguity or defect shall give rise to a duty of Consultant to inquire prior to proposal submittal. Failure to so inquire shall cause any such ambiguity or defect to be construed against the Consultant. An ambiguity or defect shall be considered patent if it is of such a nature that the Consultant, assuming reasonable skill, ability and diligence on its part, knew or should have known of the existence of the ambiguity or defect. Furthermore, failure of the Consultant or sub-consultants to notify City in writing of specification defects or ambiguities prior to proposal submittal shall waive any right to assert said defects or ambiguities subsequent to submittal of the proposal. To the extent that these specifications constitute performance specifications, the City shall not be liable for costs incurred by the successful Consultant to achieve the project’s objective or standard beyond the amounts provided therefor in the proposal. In the event that, after awarding the contract, any dispute arises as a result of any actual or alleged ambiguity or defect in the specifications, or any other matter whatsoever, Consultant shall immediately notify the City in writing, and the Consultant and all sub-consultants shall continue to perform, irrespective of whether or not the ambiguity or defect is major, material, minor or trivial, and irrespective of whether or not a change order, time extension, or additional compensation has been granted by City. Failure to provide the hereinbefore described written notice within one (1) working day of Consultant's becoming aware of the facts giving rise to the dispute shall constitute a waiver of the right to assert the causative role of the defect or ambiguity in the plans or specifications concerning the dispute. 27. Indemnification for Professional Liability. To the fullest extent permitted by law, the Consultant shall indemnify, protect, defend and hold harmless the City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs and expenses, including attorney’s fees and cost which arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 28. Non-Exclusive Contract. The City reserves the right to contract for the services listed in this proposal from other consultants during the contract term. 29. City Standards. Where applicable, documents shall conform to City Standards and City furnished templates shall be used. 30. Consultant Endorsement. Where applicable, technical reports, plans and specifications shall be stamped and signed by the Consultant where required. 31. Required Deliverable Products and Revisions. The Consultant will be required to provide documents addressing all elements of the workscope. Draft plans may be submitted for staff level review using either the ATTACHMENT 3 C3 - 35 Mission Plaza Assessment and Master Plan: Specification No. 91300 Page 20 of 28 full D (24x36) format or a reduced 11x17 format or electronically in PDF format if requested by the City. Consultant shall ensure that drawings and notes are clearly legible if using the reduced format. . City staff will review any documents or materials provided by the Consultant and, where necessary, the Consultant will respond to staff comments and make such changes as deemed appropriate. Submittals shall include the previous marked up submittal (returned to the Consultant) to assist in the second review. Changes shall be made as requested or a notation made as to why the change is not appropriate. Provide 3 copies of the draft preliminary reports, technical studies, plans and cost estimates. Provide 2 copy of the final plans, reports, studies, and estimates plus markups . Draft reports and plan submittals shall be submitted as paper copies or electronically if requested by the City. Final documents shall be submitted as camera-ready original, unbound, each page printed on only one side, including any original graphics in place and scaled to size, ready for reproduction AND one electronic copy submitted in Adobe Acrobat PDF format including all original stamps and signatures Electronic files shall be submitted on CD or flash drives and all files must be compatible with the Microsoft operating system. Each CD/Flash Drive must be clearly labeled and have a printed copy of the directory. Files may be emailed to the City in lieu of providing them on CD/Flash drives. 32. Ownership of Materials. Upon completion of all work under this contract, ownership and title to all reports, documents, plans, specifications, and estimates produced as part of this contract will automatically be vested in the city and no further agreement will be necessary to transfer ownership to the City. The Consultant shall furnish the City all necessary copies of data needed to complete the review and approval process. The Consultant is not liable for claims, liabilities, or losses arising out of, or connected with the modification, or misuse by the City of the machine-readable information and data provided by the Consultant under this agreement. Further, the Consultant is not liable for claims, liabilities, or losses arising out of, or connected with any use by City of the project documentation on other projects, except such use as may be authorized in writing by the Consultant. 33. Release of Reports and Information. Any reports, information, data, or other material given to, prepared by or assembled by the Consultant as part of the work or services under these specifications shall be the property of City and shall not be made available to any individual or organization by the Consultant without the prior written approval of the City. The Consultant shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this contract without prior review of the contents thereof by the City and receipt of the City’s written permission. 34. Copies of Reports and Information. If the City requests additional copies of reports, drawings, specifications, or any other material in addition to what the Consultant is required to furnish in limited quantities as part of the work or services under these specifications, the Consultant shall provide such additional copies as are requested, and City shall compensate the Consultant for the costs of duplicating of such copies at the Consultant's direct expense. 35. Attendance at Meetings And Hearings. As part of the workscope and included in the contract price is attendance by the Consultant at public meetings as stated in the Consultant’s work scope to present and discuss its findings and recommendations. Consultant shall attend as many "working" meetings with staff as necessary in performing workscope tasks. 36. Consultant Invoices. The Consultant shall deliver a monthly invoice to the City, itemized by project work phase or. Invoice must include a breakdown of hours billed and miscellaneous charges and any sub- consultant invoices, similarly broken down, as supporting detail. 37. Payment. For providing services as specified in this Agreement, City will pay and Consultant shall receive therefore compensation as specified in Attachment A. Should the Consultant’s designs, drawings or specifications contain errors or deficiencies, the Consultant shall be required to correct them at no increase in cost to the City. ATTACHMENT 3 C3 - 36 Mission Plaza Assessment and Master Plan: Specification No. 91300 Page 21 of 28 Progress payments shall be made on a monthly basis as invoiced by the Consultant for expenses incurred with cumulative monthly payments not to exceed the amounts for the work tasks identified in Attachment A: The Consultant shall be reimbursed for hours worked at the hourly rates attached to this agreement. Hourly rates include direct salary costs, employee benefits, overhead and fee. In addition, the Consultant shall be reimbursed for direct costs other than salary and vehicle cost that have been identified and are attached to this agreement. The Consultant’s personnel shall be reimbursed for per diem expenses at a rate not to exceed that currently authorized for State employees under State Department of Personnel Administration rules. 38. Payment Terms. The City's payment terms are 30 days from the receipt and approval by the City of an original invoice and acceptance by the City of the services provided by the Consultant (Net 30). 39. Resolution of Disputes. Any dispute, other than audit, concerning a question of fact arising under this contract that is not disposed of by agreement shall be decided by a committee consisting of the City’s Project Manager and the City Director of Public Works, who may consider written or verbal information submitted by the Consultant. Not later than thirty days after completion of all deliverables necessary to complete the plans, specifications and estimate, the Consultant may request review by the City Council of unresolved claims or disputes, other than audit, in accordance with Chapter 1.20 Appeals Procedure of the Municipal Code. Any dispute concerning a question of fact arising under an audit of this contract that is not disposed of by agreement, shall be reviewed by the City’s Chief Fiscal Officer. Not later than 30 days after issuance of the final audit report, the Consultant may request a review by the City’s Chief Fiscal Officer of unresolved audit issues. The request for review must be submitted in writing. Neither the pendency of a dispute, nor its consideration by the City will excuse the consultant from full and timely performance in accordance with the terms of this contract. 40. 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. For and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by City, Consultant agrees with City to do everything required by this Agreement, the said specification and incorporated documents. 41. Agreement Parties. City: Project Manager City of San Luis Obispo/Public Works Department 919 Palm Street San Luis Obispo, CA 93401 Consultant: Name, Title Firm Name Address All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as shown above. 42. Authority to Execute Agreement. Both City and Consultant do covenant that each individual executing this agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. CITY OF SAN LUIS OBISPO: CONSULTANT: Name of Company ATTACHMENT 3 C3 - 37 Mission Plaza Assessment and Master Plan: Specification No. 91300 Page 22 of 28 ___________________________________ By: ___________________________________ Katie Lichtig, City Manager Name of CEO/President Its: CEO/President APPROVED AS TO FORM: ___________________________________ Christine Dietrick, City Attorney ATTACHMENT 3 C3 - 38 Mission Plaza Assessment and Master Plan: Specification No. 91300 Page 23 of 28 WORK PLAN &COMPENSATION SCHEDULE ATTACHMENT A (INSERT CONSULTANT’S FINAL NEGOTIATED WORK PLAN AND COMPENSATION SCHEDULE) ATTACHMENT 3 C3 - 39 Mission Plaza Assessment and Master Plan: Specification No. 91300 Page 24 of 28 E. PROPOSAL SUBMITTAL FORMS 1. ACKNOWLEDGEMENT The undersigned declares that she or he:  Has carefully examined Specification No. 91300, which is hearby made a part of this proposal.  Is thoroughly familiar with its content  Is authorized to represent the proposing firm; and  Agrees to perform the work as set forth in the specification and this proposal. Firm Name and Address: Contact Name: Email: Fax: Phone: Signature of Authorized Representative: Date: Printed Name Title: 2. INSURANCE CERTIFICATE Insurance Company’s A.M. Best Rating Certificate of insurance attached ATTACHMENT 3 C3 - 40 Mission Plaza Assessment and Master Plan: Specification No. 91300 Page 25 of 28 3. STATEMENT OF PAST CONTRACT DISQUALIFICATIONS The Consultant 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 Consultant Representative ATTACHMENT 3 C3 - 41 Mission Plaza Assessment and Master Plan: Specification No. 91300 Page 26 of 28 4. CONSULTANT 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 5. SUBCONSULTANT LISTING ATTACHMENT 3 C3 - 42 Mission Plaza Assessment and Master Plan: Specification No. 91300 Page 27 of 28 Describe briefly the work scope of each sub-consultant. Attach additional pages if required. Sub-consultant Company Name Contact Individual Telephone & FAX number Street Address City, State, Zip Code Description of services to be provided. Sub-consultant Company Name Contact Individual Telephone & FAX number Street Address City, State, Zip Code Description of services to be provided Sub-consultant Company Name Contact Individual Telephone & FAX number Street Address City, State, Zip Code Description of services to be provided ATTACHMENT 3 C3 - 43 Mission Plaza Assessment and Master Plan: Specification No. 91300 Page 28 of 28 F INSURANCE REQUIREMENTS: Consultant Services The Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees or sub-consultants. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 20 10 Prior to 1993 or CG 20 10 07 04 with CG 20 37 10 01 or the exact equivalent as determined by the City). 2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. 4. Errors and Omissions Liability insurance as appropriate to the consultant's profession. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3. Employer's Liability: $1,000,000 per accident for bodily injury or disease. 4. Errors and Omissions Liability: $1,000,000 per occurrence. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, official, employees, agents or volunteers. 2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 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 thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. The Consultant agrees to notify the City in the event that the policy is suspended, voided or reduced in coverage or limits. A minimum of 30 days prior written notice by certified mail, return receipt requested, will be provided. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Verification of Coverage. Consultant shall furnish the City with a certificate of insurance showing maintenance of the required insurance coverage. Original endorsements effecting general liability and automobile liability coverage required by this clause must also be provided. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences. ATTACHMENT 3 C3 - 44