Loading...
HomeMy WebLinkAbout01-19-2016 Item 07 - Laguna Lake Dredging and Sediment Management Spec 91392 Contract Award and Budget Amendment Meeting Date: 1/19/2016 FROM: Derek Johnson, Assistant City Manager Prepared By: Robert A. Hill, Natural Resources Manager SUBJECT: LAGUNA LAKE DREDGING AND SEDIMENT MANAGEMENT, SPECIFICATION 91392, CONTRACT AWARD AND BUDGET AMENDMENT RECOMMENDATION 1. Award and approve a consultant services agreement with the firm MNS Engineers, Inc. (“MNS”) in an amount not-to-exceed $445,000 for Laguna Lake Dredging and Sediment Management pursuant to Request for Proposals Specification No. 91392; and 2. Approve a Budget Amendment Request to move funds between phases within the Laguna Lake Dredging and Sediment Management CIP. REPORT-IN-BRIEF Pursuant to the City Council’s authorization to issue a Request for Proposals (“RFP”) for the Laguna Lake Dredging and Sediment Management project, staff has conducted the RFP process and recommends the contract be awarded to MNS Engineers, Inc. (“MNS”). In order for the Laguna Lake Dredging and Sediment Management Project to achieve “shovel ready” status by the end of the 2015-17 Financial Plan period, a Budget Amendment Request will be necessary to fully fund the proposed contract with MNS, as shown below: Laguna Lake CIP Original Budget As Amended Study $25,000 $190,000 Environmental / Permit $50,000 $90,000 Land Acquisition $25,000 - Design / Specifications $100,000 $170,000 Construction $250,000 - TOTAL $450,000 $450,000 DISCUSSION Background The City of San Luis Obispo owns the 344 -acre Laguna Lake Natural Reserve (“the Reserve”) that includes most of the lake itself, portions of Prefumo Creek and its outlet into the lake, and adjacent upland areas. The City Council adopted the Laguna Lake Natural Reserve Conservation 7 Packet Pg. 75 Plan (“Conservation Plan”) on July 15, 2014, to guide future management of the Reserve by offering a framework for conservation, restoration, recovery, and scenic recreational use. The City’s Financial Plan for 2015-17 identifies implementation of the Conservation Plan as an “Other Important Council Objective” and includes a work plan that contains all of the necessary steps to bring a dredging and sediment management project to “shovel ready” status. On August 18, 2015, the City Council authorized the issuance of a Request for Proposals (“RFP”) for Laguna Lake Dredging and Sediment Management and also authorized the City Manager to award a consultant services agreement in an amount not-to-exceed the total project budget (Attachment A, Council Agenda Report; Attachment B, Council Minutes, August 18, 2015 Regular Meeting of the City Council). However, given the substantial change to the original budget described herein, coupled with significant Council and community interest in this project, staff have returned to Council for final authorization to proceed as proposed. Request for Proposals Process On August 24, 2015, the City issued a Notice Requesting Proposals for Laguna Lake Dredging and Sediment Management, Specification No. 91392 (Attachment C). The RFP was processed consistent with all applicable policies and state laws regarding purchasing and public bidding. Staff identified and assembled a “short list” of firms that the City has prior experience with or that appeared to have the appropriate experience and credentials based on our approved on-call list of engineering firms and environmental consulting firms. A pre-proposal conference was held in City Hall on September 10, 2015 that was attended by numerous interested firms. As directed, the Public Works Department received sealed proposal packages in response to the RFP that were opened at 4pm on September 25, 2015. Contract Award Selection Process Proposals and work-product examples were received from: 1) MNS Engineers; 2) Moffatt & Nichol; 3) Cannon Corporation; and, 4) Watson Planning Consultants (available in hard copy in the office of the Natural Resources Manager). A proposal evaluation team consisting of Natural Resources Manager Hill, City Biologist Otte, and Supervising Civil Engineer Athey separately ranked all four proposals and then met to discuss the results on October 6, 2015. Based on the review and ranking of proposals, MNS, Moffatt & Nichol, and Cannon were invited to interview with the proposal evaluation team on October 16, 2015. Both MNS and Moffatt & Nichol possess substantive prior experience with designing and permitting freshwater dredging projects; however, the MNS team distinguished itself as having the greatest understanding and experience of the financing aspects of the project that will be important to the ultimate success of the project’s subsequent construction phase. Moreover, MNS’ proposed compensation was the less expensive of the top two firms that were interviewed. Based on the foregoing, the proposal evaluation team recommends the contract be awarded to MNS (Attachment D). Next Steps If staff’s recommendations are approved, staff anticipates having MNS begin work in late January. The first step will be a project kick-off meeting with staff and the consultant team to ensure a well-coordinated project understanding and approach. Natural Resources Manager Hill will continue to lead the project and interface with the City Council and community, while administrative and technical support will be provided by the Public Works Department. Staff 7 Packet Pg. 76 members from the Finance Division and the Community Development Department will also be identified to support the internal project team. The Scope of Work is divided into four distinct phases, and staff will return to Council for further direction following the completion of each phase. The proposed project phasing is organized as follows: I. Baseline Information, Project Design Options, Project Cost Estimates, Project Financing Options. II. Complete Project Design, Environmental Document and Project Permitting, Pursue Financing. III. Additional Steps Necessary to Pursue Financing Option (all Phase III tasks not to proceed without Council authorization and no funding is included in the overall project budget for this phase at this time). IV. Final Steps Leading to “Shovel Ready” Status. CONCURRENCES The Public Works and Community Development Departments concur with the proposed recommendations from the project evaluation team. ENVIRONMENTAL REVIEW No environmental review is required to conduct the engineering, project permitting, and financial evaluation contemplated under the subject contract with MNS. The preparation of an environmental document that will support the subsequent implementation phase of the Laguna Lake Dredging and Sediment Management project is a deliverable product of this work effort. FISCAL IMPACT Sufficient funds to support the consultant services agreement are available in the Laguna Lake Dredging and Sediment Management CIP included in the 2015-17 Financial Plan. However, Council should be aware that fully funding the proposed consultant services agreement will require use of funds identified in the CIP for land acquisition ($25,000) and construction ($250,000). Land acquisition costs (appropriate land tenure for a prospective disposal site) nor construction costs are necessary at this time since no actual construction or disposal is contemplated in the 2015-17 Financial Plan period for which these funds were originally designated (Attachment E). The goal of this phase of work as identified in the “Other Important Council Objective” work plan is to develop a “shovel ready” project by the end of the Financial Plan period (Attachment F). If staff’s recommendations are approved, a Budget Amendment Request (BAR) will be processed in accordance with the Financial Management Manual to move funds between phases within the CIP itself. 7 Packet Pg. 77 ALTERNATIVES 1. The City Council could choose to authorize a consultant services agreement not to exceed the amount of funding identified in the CIP for design / engineering, studies, and environmental permitting only ($175,000), and direct staff to come back to Council for authorization to proceed with subsequent phases. This option is not recommended as it will not result in a timely path to “shovel ready” status and the proposed Scope of Work includes several occasions where staff will return to Council for direction. 2. The City Council could direct staff to develop new specifications and solicit new proposals. This is not recommended due to time constraints and the fact that the proposals received responded to the project specifications previously authorized by Council. Attachments: a - 08-18-2015 Council Agenda Report for Laguna Lake RFP b - 08-18-2015 Council Meeting Minutes c - 91392 Laguna Lake RFP Final + Addendum No. 1 and 2 d - MNS Agreement and Scope of Work e - Laguna Lake CIP 15-17 f - Laguna Lake OIO Work Plan from 15-17 Budget 7 Packet Pg. 78 Meeting Date: 8/18/2015 FROM: Michael Codron, Assistant City Manager Prepared By: Robert A. Hill, Natural Resources Manager SUBJECT: AUTHORIZE REQUEST FOR PROPOSALS (RFP) FOR PHASE I OF THE LAGUNA LAKE DREDGING AND SEDIMENT MANAGEMENT PROJECT RECOMMENDATION 1. Authorize the issuance of a Request for Proposals (RFP) for phase I of the Laguna Lake Dredging and Sediment Management Project in furtherance of the City’s Laguna Lake Natural Reserve Conservation Plan pursuant to Specification No. 91392. (Attachment 1); and 2. Authorize the City Manager to award consultant services agreements if proposals are received within the available budget for the project. DISCUSSION Background The City of San Luis Obispo owns the 344-acre Laguna Lake Natural Reserve (“the Reserve”) that includes most of the lake itself, portions of Prefumo Creek and its outlet into the lake, and adjacent upland areas. The City Council adopted the Laguna Lake Natural Reserve Conservation Plan (“Conservation Plan”) on July 15, 2014 to guide future management of the Reserve by offering a framework for conservation, restoration, recovery, and scenic recreational use. Laguna Lake is primarily a naturally occurring lake, although the lake and its watersheds have been altered and manipulated. This has resulted in an increase in sediment deposition rates. Recent bathymetric surveys indicate accelerated changes in lake depth and morphology resulting in decreased water quality and aquatic habitat functions, as well as diminished aesthetic and recreational values associated with the lake. As a result, dredging and sediment management strategies are recommendations of the Conservation Plan. The City’s Financial Plan for 2015-17 identifies implementation of the Conservation Plan as an Other Important Council Objective” and includes a work plan that contains all of the necessary steps to make a dredging and sediment management project “shovel ready.” This RFP, therefore, is intended to facilitate the ultimate implementation of the project. Proposed Project Tasks The subject RFP solicits a project-specific proposal for phase I of the Laguna Lake Dredging and Sediment Management Project (additional future phases include undertaking the physical 7 Packet Pg. 55 7.a Packet Pg. 79 At t a c h m e n t : a - 0 8 - 1 8 - 2 0 1 5 C o u n c i l A g e n d a R e p o r t f o r L a g u n a L a k e R F P ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t projects, as well as long-term monitoring and maintenance). It is expected that a multi- disciplinary consultant team will be assembled in order to facilitate bringing the overall project to “shovel ready” status by attending to the following main tasks: 1.) Prepare Design Plans and Engineering Specifications; 2.) Environmental Studies and Project Permitting; and 3.) Public Opinion Research and Financing Options. These tasks are detailed below: 1) Prepare Design Plans and Engineering Specifications a. Collect and analyze existing lake information including but not limited to bathymetry, topography, watersheds, and sedimentation rates and depths. b. Provide three dredging project options of varying sizes and depths, to be developed in consultation with City, for City Council and community consideration. c. Identify potential beneficial sediment re-use sites within ten miles of the project. Provide potential haul routes. d. Provide estimated dredging project costs based on disposal of material in Laguna Lake Park or adjacent property, and offsite locations within 10 miles of the lake. e. Provide an excavation alternative design and estimated costs for a project that assumes dry lakebed conditions. f. Upon project option selection, provide complete project dredging/excavation design plans and specifications suitable for permitting and contractor bid packages. g. Include time for a minimum of two City Council hearings in the proposed budget. 2) Environmental Studies and Project Permitting a. Review the existing lake sediment borings and determine if additional sampling is needed. The City will contract separately with the soils engineer to collect the additional information. b. Prepare a hydrology study that evaluates surface hydrology, hydrogeology, drainage basin management and water quality as it pertains to the lake and surroundings, as well as how the selected project option may affect these parameters. c. Analyze sedimentation and nutrient loading rates for each watershed. Provide recommendations for decreasing sediment and nutrient loading including the use of sediment basins and other best management practices. d. Provide a biological survey that details the existing aquatic species of the lake that may be affected by a dredging / excavation project. e. Traffic study (add-on option dependent on disposal site) f. Prepare a project-specific initial study and appropriate environmental document. The City assumes for the purposes of RFP costs that a Mitigated Negative Declaration will be required. Project proposals should include alternate cost proposals in the event the initial study concludes an EIR is required. g. Prepare and complete environmental permitting applications and complete permitting process with the Army Corps of Engineers, CA Fish and Wildlife, Regional Water Quality Control Board, NOAA Fisheries, and any other pertinent regulatory agencies. Include time for external meetings with agency personnel in the budget. 7 Packet Pg. 56 7.a Packet Pg. 80 At t a c h m e n t : a - 0 8 - 1 8 - 2 0 1 5 C o u n c i l A g e n d a R e p o r t f o r L a g u n a L a k e R F P ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t 3) Public Opinion Research and Financing Options a. Facilitate two property owner and two stakeholder outreach meetings to gather information and gain input on the options for dredging/excavating lake sediments. b. Conduct a public opinion survey regarding lake dredging/exaction, the costs involved, and whether there is voter support for establishing a benefit assessment district, Community Facilities District, or other special funding district. c. Based on the outcome of the public opinion survey, provide an evaluation and detail report of financing options for City consideration. The consultant will present project options to the City Council for review. d. Pursue financing options (add-on option if public financing, i.e. CFD with bond counsel, underwriting, elections, etc.) based on the City’s chosen public financing option. e. Provide written materials such as an engineer’s report and other documentation supporting the establishment of a special district. f. Include time for at least one City Council hearing in the budget. Proposal Review and Project Schedule The following is an outline of the anticipated schedule for proposal review and project schedule: a. Issue RFP 8/24/15 b. Conduct pre-proposal conference 9/10/15 c. Receive proposals 9/25/15 d. Complete proposal evaluation 10/09/17 e. Conduct finalist interviews 10/16/15 f. Finalize staff recommendation 10/21/15 g. Award contract 10/30/15 h. Execute contract 11/06/15 i. Start work 11/16/15 j. Project option review 03/15/16 k. Final project design, disposal site and financing selection 05/15/16 l. Public hearings 05/16 to 07/16 m. Final work products due 6/30/17 FISCAL IMPACT Sufficient funds for this effort are available through the Laguna Lake Dredging and Sediment Management CIP approved by City Council with the 2015-17 Financial Plan. 7 Packet Pg. 57 7.a Packet Pg. 81 At t a c h m e n t : a - 0 8 - 1 8 - 2 0 1 5 C o u n c i l A g e n d a R e p o r t f o r L a g u n a L a k e R F P ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t As shown above, the phase of work covered by this RFP includes study, environmental/permit, land acquisition and design/specifications work budgeted at $200,000. The City’s financial policies allow the budget manager to transfer funding between phases if bids received cannot be accommodated within the budget identified for the current phase. Ultimately, construction of the project will require significant financial resources expected to be developed from multiple sources. The work that is proposed to occur with the current phase of the project will improve the City’s understanding of the total construction phase cost, and the feasibility of funding at least a portion through a new assessment district. ALTERNATIVES 1. Provide direction regarding an amended scope of work and provide authorization of the RFP. 2. Continue consideration of the scope of work and RFP with direction to staff on necessary changes. 3. Deny issuance of the RFP. Attachments: 1 - Laguna Lake RFP 7 Packet Pg. 58 7.a Packet Pg. 82 At t a c h m e n t : a - 0 8 - 1 8 - 2 0 1 5 C o u n c i l A g e n d a R e p o r t f o r L a g u n a L a k e R F P ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t The City of San Luis Obispo is committed to including disabled persons in all of our services, programs and activities. Telecommunications Device for the Deaf (805) 781-7410. 990 Palm Street San Luis Obispo, CA 93401 Notice Requesting Proposals for Laguna Lake Dredging and Sediment Management Project Specification No. 91392 The City of San Luis Obispo is requesting sealed proposals for phase I of the Laguna Lake Dredging and Sediment Management Project in furtherance of the City’s Laguna Lake Natural Reserve Conservation Plan pursuant to Specification No. 91392. All proposals must be received by the Finance Division by 4 p.m., September 25, 2015 when they will be opened publicly in the City Hall Council Chambers, 990 Palm Street, San Luis Obispo, CA 93401. Proposals received after said time will not be considered. To guard against premature opening, each proposal shall be submitted to the Finance Division in a sealed envelope plainly marked with the proposal title, specification number, proposer name, and time and date of the proposal opening. Proposals shall be submitted using the forms provided in the specification package. A pre-proposal conference will be held at City Hall on Thursday, September 10, 2015, at 10:00 a.m., to answer any questions that the prospective proposers may have regarding the City's request for proposals. Specification packages and additional information may be obtained by contacting: Robert Hill, Natural Resources Manager, (805) 781-7211 or rhill@slocity.org. David Athey, Supervising Civil Engineer, (805) 781-7108 or dathey@slocity.org. Packet Pg. 59 At t a c h m e n t 1 L a g u n a L a k e R F P 1 0 5 0 L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t R F P A u t h o r i z a t i o n R e q u e s t 7.a Packet Pg. 83 At t a c h m e n t : a - 0 8 - 1 8 - 2 0 1 5 C o u n c i l A g e n d a R e p o r t f o r L a g u n a L a k e R F P ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t Specification No. 91392 TABLE OF CONTENTS A. Description of Work 1 B. General Terms and Conditions 3 Proposal Requirements Contract Award and Execution Contract Performance C. Special Terms and Conditions 6 Contract Term Estimated Quantities Proposal Content Proposal Evaluation and Selection Proposal Review and Award Schedule Unrestrictive Brand Names Start and Completion of Work Accuracy of Specifications D. Agreement 9 E. Insurance Requirements 11 F. Proposal Submittal Forms 12 Proposal Submittal Summary References Packet Pg. 60 At t a c h m e n t 1 L a g u n a L a k e R F P 1 0 5 0 L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t R F P A u t h o r i z a t i o n R e q u e s t 7.a Packet Pg. 84 At t a c h m e n t : a - 0 8 - 1 8 - 2 0 1 5 C o u n c i l A g e n d a R e p o r t f o r L a g u n a L a k e R F P ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t Section A DESCRIPTION OF WORK The City of San Luis Obispo (“City”) is requesting a project-specific proposal for phase I of the Laguna Lake Dredging and Sediment Management Project. It is expected that a multi-disciplinary team will be assembled in order to facilitate bringing the overall project to “shovel ready” status, which is described below and shall include the following components: 1. GENERAL BACKGROUND The City of San Luis Obispo owns the 344-acre Laguna Lake Natural Reserve that includes most of the lake itself, portions of Prefumo Creek and its outlet into the lake, and adjacent upland areas. The City has adopted the Laguna Lake Natural Reserve Conservation Plan (“Conservation Plan”) to guide future management of the Reserve by offering a framework for conservation, restoration, recovery, and scenic recreational use. Laguna Lake is primarily a naturally occurring lake, although the lake and its watersheds have been altered and manipulated. This has resulted in an increase in sediment deposition rates. Recent bathymetric surveys indicate accelerated changes in lake depth and morphology resulting in decreased water quality and aquatic habitat functions, as well as diminished aesthetic and recreational values associated with the lake. Therefore, this Request for Proposal addresses a primary Conservation Plan recommendation to implement dredging and sediment management strategies. 2. PROJECT SPECIFIC TASKS a. TASK 1 – Prepare Design Plans and Engineering Specifications i. Collect and analyze existing lake information including but not limited to bathymetry, topography, watersheds, and sedimentation rates and depths. ii. Provide three dredging project options of varying sizes and depths, to be developed in consultation with City, for City Council and community consideration. iii. Identify potential beneficial sediment re-use sites within ten miles of the project. Provide potential haul routes. iv. Provide estimated dredging project costs based on disposal of material in Laguna Lake Park or adjacent property, and offsite locations within 10 miles of the lake. v. Provide an excavation alternative design and estimated costs for a project that assumes dry lakebed conditions. vi. Upon project option selection, provide complete project dredging/excavation design plans and specifications suitable for permitting and contractor bid packages. vii. Include time for a minimum of two City Council hearings in the proposed budget. b. TASK 2 - Environmental Studies and Project Permitting i. Review the existing lake sediment borings and determine if additional sampling is needed. The City will contract separately with the soils engineer to collect the additional information. ii. Prepare a hydrology study that evaluates surface hydrology, hydrogeology, drainage basin management and water quality as it pertains to the lake and surroundings, as well as how the selected project option may affect these parameters. Packet Pg. 61 At t a c h m e n t 1 L a g u n a L a k e R F P 1 0 5 0 L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t R F P A u t h o r i z a t i o n R e q u e s t 7.a Packet Pg. 85 At t a c h m e n t : a - 0 8 - 1 8 - 2 0 1 5 C o u n c i l A g e n d a R e p o r t f o r L a g u n a L a k e R F P ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t iii. Analyze sedimentation and nutrient loading rates for each watershed. Provide recommendations for decreasing sediment and nutrient loading including the use of sediment basins and other best management practices. iv. Provide a biological survey that details the existing aquatic species of the lake that may be affected by a dredging / excavation project. v. Traffic study (add-on option dependent on disposal site) vi. Prepare a project-specific initial study and appropriate environmental document. The City assumes for the purposes of RFP costs that a Mitigated Negative Declaration will be required. Project proposals should include alternate cost proposals in the event the initial study concludes an EIR is required. vii. Prepare and complete environmental permitting applications and complete the permitting process with the Army Corps of Engineers, CA Fish and Wildlife, Regional Water Quality Control Board, NOAA Fisheries, and any other pertinent regulatory agencies. Include time for external meetings with agency personnel in the budget. c. TASK 3 - Public Opinion Research and Financing Options i. Facilitate two property owner and two stakeholder outreach meetings to gather information and gain input on the options for dredging/excavating lake sediments. ii. Conduct a public opinion survey regarding lake dredging/exaction, the costs involved, and whether there is voter support for establishing a benefit assessment district, Community Facilities District, or other special funding district. iii. Based on the outcome of the public opinion survey, provide an evaluation and detail report of financing options for City consideration. The consultant will present project options to the City Council for review. iv. Pursue financing options (add-on option if public financing, i.e. CFD with bond counsel, underwriting, elections, etc.) based on the City’s chosen public financing option. v. Provide written materials such as an engineer’s report and other documentation supporting the establishment of a special district. vi. Include time for at least one City Council hearing in the budget. 3. CREDENTIALS AND QUALIFICATIONS a. At least one member of the team must be a Registered Civil Engineer and the team must have experience with natural water resource systems. b. Demonstrated experience with local, state, and federal permitting agencies. c. Demonstrated experience with municipal finance. 4. INTENDED USERS a. City of San Luis Obispo b. Property owners 5. ADDITIONAL CONSIDERATIONS AND ASSUMPTIONS a. It should be expected that reports will be subject to review and approval processes by the City that may result in requests for clarification or additional analysis. b. The project team may be requested to attend up to two hearings with City advisory bodies and the City Council. Packet Pg. 62 At t a c h m e n t 1 L a g u n a L a k e R F P 1 0 5 0 L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t R F P A u t h o r i z a t i o n R e q u e s t 7.a Packet Pg. 86 At t a c h m e n t : a - 0 8 - 1 8 - 2 0 1 5 C o u n c i l A g e n d a R e p o r t f o r L a g u n a L a k e R F P ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t c. The project team should assume that the City will supply pertinent background documentation of the subject properties (maps and surveys, relevant prior technical reports) where available. d. Exact timeline for milestones and deliverables to be coordinated with City upon award of contract. 6. DELIVERY REQUIREMENTS a. Four (4) complete, original color copies for each document. b. One (1) “flash drive” or similar data device with a complete copy of each document in Adobe .pdf format. Packet Pg. 63 At t a c h m e n t 1 L a g u n a L a k e R F P 1 0 5 0 L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t R F P A u t h o r i z a t i o n R e q u e s t 7.a Packet Pg. 87 At t a c h m e n t : a - 0 8 - 1 8 - 2 0 1 5 C o u n c i l A g e n d a R e p o r t f o r L a g u n a L a k e R F P ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t Packet Pg. 64 At t a c h m e n t 1 L a g u n a L a k e R F P 1 0 5 0 L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t R F P A u t h o r i z a 7.a Packet Pg. 88 At t a c h m e n t : a - 0 8 - 1 8 - 2 0 1 5 C o u n c i l A g e n d a R e p o r t f o r L a g u n a L a k e R F P ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g Packet Pg. 65 At t a c h m e n t 1 L a g u n a L a k e R F P 1 0 5 0 L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t R F P A u t h o r i z a t i o n R e q u e s t 7.a Packet Pg. 89 At t a c h m e n t : a - 0 8 - 1 8 - 2 0 1 5 C o u n c i l A g e n d a R e p o r t f o r L a g u n a L a k e R F P ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t Section B GENERAL TERMS AND CONDITIONS PROPOSAL REQUIREMENTS 1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal (proposer) shall meet all of the terms, and conditions of the Request for Proposals (RFP) specifications package. By virtue of its proposal submittal, the proposer acknowledges agreement with and acceptance of all provisions of the RFP specifications. 2. Proposal Submittal. Each proposal must be submitted on the form(s) provided in the specifications and accompanied by any other required submittals or supplemental materials. Proposal documents shall be enclosed in an envelope that shall be sealed and addressed to the Department of Finance, City of San Luis Obispo, 990 Palm Street, San Luis Obispo, CA, 93401. In order to guard against premature opening, the proposal should be clearly labeled with the proposal title, specification number, name of proposer, and date and time of proposal opening. No FAX submittals will be accepted. 3. Insurance Certificate. Each proposal must include a certificate of insurance showing: a. The insurance carrier and its A.M. Best rating. b. Scope of coverage and limits. c. Deductibles and self-insured retention. The purpose of this submittal is to generally assess the adequacy of the proposer’s insurance coverage during proposal evaluation; as discussed under paragraph 12 below, endorsements are not required until contract award. The City’s insurance requirements are detailed in Section E. 4. Proposal Quotes and Unit Price Extensions. The extensions of unit prices for the quantities indicated and the lump sum prices quoted by the proposer must be entered in figures in the spaces provided on the Proposal Submittal Form(s). Any lump sum bid shall be stated in figures. The Proposal Submittal Form(s) must be totally completed. If the unit price and the total amount stated by any proposer for any item are not in agreement, the unit price alone will be considered as representing the proposer's intention and the proposal total will be corrected to conform to the specified unit price. 5. Proposal Withdrawal and Opening. A proposer may withdraw its proposal, without prejudice prior to the time specified for the proposal opening, by submitting a written request to the Director of Finance for its withdrawal, in which event the proposal will be returned to the proposer unopened. No proposal received after the time specified or at any place other than that stated in the "Notice Inviting Bids/Requesting Proposals" will be considered. All proposals will be opened and declared publicly. Proposers or their representatives are invited to be present at the opening of the proposals. 6. Submittal of One Proposal Only. No individual or business entity of any kind shall be allowed to make or file, or to be interested in more than one proposal, except an alternative proposal when specifically requested; however, an individual or business entity that has submitted a sub- proposal to a proposer submitting a proposal, or who has quoted prices on materials to such proposer, is not thereby disqualified from submitting a sub-proposal or from quoting prices to other proposers submitting proposals. Packet Pg. 66 At t a c h m e n t 1 L a g u n a L a k e R F P 1 0 5 0 L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t R F P A u t h o r i z a t i o n R e q u e s t 7.a Packet Pg. 90 At t a c h m e n t : a - 0 8 - 1 8 - 2 0 1 5 C o u n c i l A g e n d a R e p o r t f o r L a g u n a L a k e R F P ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t 7. Cooperative Purchasing. During the term of the contract, the successful proposer will extend all terms and conditions to any other local governmental agencies upon their request. These agencies will issue their own purchase orders, will directly receive goods or services at their place of business and will be directly billed by the successful proposer. 8. Communications. All timely requests for information submitted in writing will receive a written response from the City. Telephone communications with City staff are not encouraged, but will be permitted. However, any such oral communication shall not be binding on the City. CONTRACT AWARD AND EXECUTION 9. Proposal Retention and Award. The City reserves the right to retain all proposals for a period of 60 days for examination and comparison. The City also reserves the right to waive non-substantial irregularities in any proposal, to reject any or all proposals, to reject or delete one part of a proposal and accept the other, except to the extent that proposals are qualified by specific limitations. See the "special terms and conditions" in Section C of these specifications for proposal evaluation and contract award criteria. 10. Competency and Responsibility of Proposer. The City reserves full discretion to determine the competence and responsibility, professionally and/or financially, of proposers. Proposers will provide, in a timely manner, all information that the City deems necessary to make such a decision. 11. Contract Requirement. The proposer to whom award is made (Contractor) shall execute a written contract with the City within ten (10) calendar days after notice of the award has been sent by mail to it at the address given in its proposal. The contract shall be made in the form adopted by the City and incorporated in these specifications. 12. Insurance Requirements. The Contractor shall provide proof of insurance in the form, coverages and amounts specified in Section E of these specifications within 10 (ten) calendar days after notice of contract award as a precondition to contract execution. 13. Business Tax. The Contractor must have a valid City of San Luis Obispo business tax certificate before execution of the contract. Additional information regarding the City's business tax program may be obtained by calling (805) 781-7134. CONTRACT PERFORMANCE 14. Ability to Perform. The Contractor warrants that it possesses, or has arranged through subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry out and complete the work hereunder in compliance with any and all federal, state, county, city, and special district laws, ordinances, and regulations. 15. Laws to be Observed. The Contractor shall keep itself fully informed of and shall observe and comply with all applicable state and federal laws and county and City of San Luis Obispo ordinances, regulations and adopted codes during its performance of the work. 16. Payment of Taxes. The contract prices shall include full compensation for all taxes that the Contractor is required to pay. 17. Permits and Licenses. The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary. Packet Pg. 67 At t a c h m e n t 1 L a g u n a L a k e R F P 1 0 5 0 L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t R F P A u t h o r i z a t i o n R e q u e s t 7.a Packet Pg. 91 At t a c h m e n t : a - 0 8 - 1 8 - 2 0 1 5 C o u n c i l A g e n d a R e p o r t f o r L a g u n a L a k e R F P ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t 18. Safety Provisions. The Contractor shall conform to the rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Safety. 19. Public and Employee Safety. Whenever the Contractor's operations create a condition hazardous to the public or City employees, it shall, at its expense and without cost to the City, furnish, erect and maintain such fences, temporary railings, barricades, lights, signs and other devices and take such other protective measures as are necessary to prevent accidents or damage or injury to the public and employees. 20. Preservation of City Property. The Contractor shall provide and install suitable safeguards, approved by the City, to protect City property from injury or damage. If City property is injured or damaged resulting from the Contractor's operations, it shall be replaced or restored at the Contractor's expense. The facilities shall be replaced or restored to a condition as good as when the Contractor began work. 21. Immigration Act of 1986. The Contractor warrants on behalf of itself and all subcontractors engaged for the performance of this work that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder. 22. Contractor Non-Discrimination. In the performance of this work, the Contractor agrees that it will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment of persons because of age, race, color, sex, national origin or ancestry, sexual orientation, or religion of such persons. 23. Work Delays. Should the Contractor be obstructed or delayed in the work required to be done hereunder by changes in the work or by any default, act, or omission of the City, or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or labor due to federal government restrictions arising out of defense or war programs, then the time of completion may, at the City's sole option, be extended for such periods as may be agreed upon by the City and the Contractor. In the event that there is insufficient time to grant such extensions prior to the completion date of the contract, the City may, at the time of acceptance of the work, waive liquidated damages that may have accrued for failure to complete on time, due to any of the above, after hearing evidence as to the reasons for such delay, and making a finding as to the causes of same. 24. Payment Terms. The City's payment terms are 30 days from the receipt of an original invoice and acceptance by the City of the materials, supplies, equipment or services provided by the Contractor (Net 30). 25. Inspection. The Contractor shall furnish City with every reasonable opportunity for City to ascertain that the services of the Contractor are being performed in accordance with the requirements and intentions of this contract. All work done and all materials furnished, if any, shall be subject to the City's inspection and approval. The inspection of such work shall not relieve Contractor of any of its obligations to fulfill its contract requirements. 26. Audit. The City shall have the option of inspecting and/or auditing all records and other written materials used by Contractor in preparing its invoices to City as a condition precedent to any payment to Contractor. Packet Pg. 68 At t a c h m e n t 1 L a g u n a L a k e R F P 1 0 5 0 L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t R F P A u t h o r i z a t i o n R e q u e s t 7.a Packet Pg. 92 At t a c h m e n t : a - 0 8 - 1 8 - 2 0 1 5 C o u n c i l A g e n d a R e p o r t f o r L a g u n a L a k e R F P ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t 27. Interests of Contractor. The Contractor covenants that it presently has no interest, and shall not acquire any interest—direct, indirect or otherwise—that would conflict in any manner or degree with the performance of the work hereunder. The Contractor further covenants that, in the performance of this work, no subcontractor or person having such an interest shall be employed. The Contractor certifies that no one who has or will have any financial interest in performing this work is an officer or employee of the City. It is hereby expressly agreed that, in the performance of the work hereunder, the Contractor shall at all times be deemed an independent contractor and not an agent or employee of the City. 28. Hold Harmless and Indemnification. The Contractor agrees to defend, indemnify, protect and hold the City and its agents, officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to the Contractor's employees, agents or officers that arise from or are connected with or are caused or claimed to be caused by the acts or omissions of the Contractor, and its agents, officers or employees, in performing the work or services herein, and all expenses of investigating and defending against same; provided, however, that the Contractor's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents, officers or employees. 29. Contract Assignment. The Contractor shall not assign, transfer, convey or otherwise dispose of the contract, or its right, title or interest, or its power to execute such a contract to any individual or business entity of any kind without the previous written consent of the City. 30. Termination. If, during the term of the contract, the City determines that the Contractor is not faithfully abiding by any term or condition contained herein, the City may notify the Contractor in writing of such defect or failure to perform. This notice must give the Contractor a 10 (ten) calendar day notice of time thereafter in which to perform said work or cure the deficiency. If the Contractor has not performed the work or cured the deficiency within the ten days specified in the notice, such shall constitute a breach of the contract and the City may terminate the contract immediately by written notice to the Contractor to said effect. Thereafter, neither party shall have any further duties, obligations, responsibilities, or rights under the contract except, however, any and all obligations of the Contractor's surety shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the termination thereof. In said event, the Contractor shall be entitled to the reasonable value of its services performed from the beginning date in which the breach occurs up to the day it received the City's Notice of Termination, minus any offset from such payment representing the City's damages from such breach. "Reasonable value" includes fees or charges for goods or services as of the last milestone or task satisfactorily delivered or completed by the Contractor as may be set forth in the Agreement payment schedule; compensation for any other work, services or goods performed or provided by the Contractor shall be based solely on the City's assessment of the value of the work-in-progress in completing the overall 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 Contractor be entitled to receive in excess of the compensation quoted in its proposal. Packet Pg. 69 At t a c h m e n t 1 L a g u n a L a k e R F P 1 0 5 0 L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t R F P A u t h o r i z a t i o n R e q u e s t 7.a Packet Pg. 93 At t a c h m e n t : a - 0 8 - 1 8 - 2 0 1 5 C o u n c i l A g e n d a R e p o r t f o r L a g u n a L a k e R F P ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t Section C SPECIAL TERMS AND CONDITIONS 1. Contract Award. Subject to the reservations set forth in Paragraph 9 of Section B (General Terms and Conditions) of these specifications, the contract will be awarded to the lowest responsible, responsive proposer. 2. Sales Tax Reimbursement. For sales occurring within the City of San Luis Obispo, the City receives sales tax revenues. Therefore, for bids from retail firms located in the City at the time of proposal closing for which sales tax is allocated to the City, 1% of the taxable amount of the bid will be deducted from the proposal by the City in calculating and determining the lowest responsible, responsive proposer. 3. Labor Actions. In the event that the successful proposer is experiencing a labor action at the time of contract award (or if its suppliers or subcontractors are experiencing such a labor action), the City reserves the right to declare said proposer is no longer the lowest responsible, responsive proposer and to accept the next acceptable low proposal from a proposer that is not experiencing a labor action, and to declare it to be the lowest responsible, responsive proposer. 4. Failure to Accept Contract. The following will occur if the proposer to whom the award is made (Contractor) 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 proposer's bond or security is required; and an award may be made to the next lowest responsible, responsive proposer who shall fulfill every stipulation as if it were the party to whom the first award was made. 5. Contract Term. The supplies or services identified in this specification will be used by the City between February 2015 and December 2016. The prices quoted for these items must be valid for the entire period indicated above unless otherwise conditioned by the proposer in its proposal. 6. Contract Extension. The term of the contract may be extended by mutual consent for an additional one-year timeframe. 7. Supplemental Purchases. Supplemental purchases may be made from the successful proposer during the contract term in addition to the items listed in the Detail Proposal Submittal Form. For these supplemental purchases, the proposer shall not offer prices to the City in excess of the amounts offered to other similar customers for the same item. If the proposer is willing to offer the City a standard discount on all supplemental purchases from its generally prevailing or published price structure during the contract term, this offer and the amount of discount on a percentage basis should be provided with the proposal submittal. 8. Contractor Invoices. The Contractor may deliver either a monthly invoice to the City with attached copies of detail invoices as supporting detail, or in one lump-sum upon completion. 9. Non-Exclusive Contract. The City reserves the right to purchase the items listed in the Detail Proposal Submittal Form, as well as any supplemental items, from other vendors during the contract term. 10. Unrestrictive Brand Names. Any manufacturer's names, trade names, brand names or catalog numbers used in the specifications are for the purpose of describing and establishing general Packet Pg. 70 At t a c h m e n t 1 L a g u n a L a k e R F P 1 0 5 0 L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t R F P A u t h o r i z a t i o n R e q u e s t 7.a Packet Pg. 94 At t a c h m e n t : a - 0 8 - 1 8 - 2 0 1 5 C o u n c i l A g e n d a R e p o r t f o r L a g u n a L a k e R F P ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t quality levels. Such references are not intended to be restrictive. Proposals will be considered for any brand that meets or exceeds the quality of the specifications given for any item. In the event an alternate brand name is proposed, supplemental documentation shall be provided demonstrating that the alternate brand name meets or exceeds the requirements specified herein. The burden of proof as to the suitability of any proposed alternatives is upon the proposer, and the City shall be the sole judge in making this determination. 11. Delivery. Prices quoted for all supplies or equipment to be provided under the terms and conditions of this RFP package shall include delivery charges, to be delivered F.O.B. San Luis Obispo by the successful proposer and received by the City within 90 days after authorization to proceed by the City. 12. Start and Completion of Work. Work on this project shall begin immediately after contract execution and shall be completed within 90 calendar days thereafter, unless otherwise negotiated with City by mutual agreement. 13. Change in Work. The City reserves the right to change quantities of any item after contract award. If the total quantity of any changed item varies by 25% or less, there shall be no change in the agreed upon unit price for that item. Unit pricing for any quantity changes per item in excess of 25% shall be subject to negotiation with the Contractor. 14. Submittal of References. Each proposer shall submit a statement of qualifications and references on the form provided in the RFP package. 15. Statement of Contract Disqualifications. Each proposer shall submit a statement regarding any past governmental agency bidding or contract disqualifications on the form provided in the RFP package. 16. Proposal Content. Your proposal must include the following information: Submittal Forms a. Proposal submittal summary. b. Certificate of insurance. c. References from at least three firms for whom you have provided similar services. d. Professional work product example. Qualifications e. Experience of your firm in performing similar services. f. Resumes of the individuals who would be assigned to this project, including any sub- consultants. Resumes should note required licensing (see Section A, above). g. Standard hourly billing rates for the assigned staff, including any sub-consultants. h. Statement and explanation of any instances where your firm has been removed from a project or disqualified from proposing on a project. i. Demonstrated conservation easement project work. Work Program j. Description of your approach to completing the work. k. Tentative schedule by phase and task for completing the work. l. Estimated hours for your staff in performing each major phase of the work, including sub-consultants. Packet Pg. 71 At t a c h m e n t 1 L a g u n a L a k e R F P 1 0 5 0 L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t R F P A u t h o r i z a t i o n R e q u e s t 7.a Packet Pg. 95 At t a c h m e n t : a - 0 8 - 1 8 - 2 0 1 5 C o u n c i l A g e n d a R e p o r t f o r L a g u n a L a k e R F P ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t m. Services or data to be provided by the City. n. Any other information that would assist us in making this contract award decision. Proposal Length and Copies o. Proposals should include numbered pages, including identification of attachments and supplemental materials. p. Three copies of the proposal must be submitted. 17. Proposal Evaluation and Consultant Selection. Proposals will be evaluated by a review committee using a two-phase selection and contract award process as follows: Phase 1 – Written Proposal Review/Finalist Candidate Selection A group of finalist candidates (generally the top 3 to 5 five proposers) will be selected for follow- up interviews and presentations based on the following criteria as evidenced in their written proposals: a. Understanding of the work required by the City. b. Quality, clarity and responsiveness of the proposal. c. Demonstrated competence and professional qualifications necessary for successfully performing the work required by the City. d. Recent experience in successfully performing similar services. e. Proposed approach in completing the work. f. References. g. Background and experience of the specific individuals to be assigned to this project. Phase 2 – Oral Presentations/Interviews and Consultant Selection Finalist candidates will make an oral presentation to the review committee and answer questions about their proposal. The purpose of this second phase is two-fold: to clarify and resolve any outstanding questions or issues about the proposal; and to evaluate the proposer’s ability to clearly and concisely present information orally. As part of this second phase of the selection process, finalist candidates will submit proposed compensation costs for the work, including a proposed payment schedule tied to accomplishing key project milestones or tasks. After evaluating the proposals and discussing them further with the finalists or the tentatively selected contractor, the City reserves the right to further negotiate the proposed workscope and/or method and amount of compensation. 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. 18. Proposal Review and Award Schedule. The following is an outline of the anticipated schedule for proposal review and contract award: a. Issue RFP 8/24/15 b. Conduct pre-proposal conference 9/10/15 c. Receive proposals 9/25/15 d. Complete proposal evaluation 10/09/17 e. Conduct finalist interviews 10/16/15 f. Finalize staff recommendation 10/21/15 Packet Pg. 72 At t a c h m e n t 1 L a g u n a L a k e R F P 1 0 5 0 L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t R F P A u t h o r i z a t i o n R e q u e s t 7.a Packet Pg. 96 At t a c h m e n t : a - 0 8 - 1 8 - 2 0 1 5 C o u n c i l A g e n d a R e p o r t f o r L a g u n a L a k e R F P ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t g. Award contract 10/30/15 h. Execute contract 11/06/15 i. Start work 11/16/15 j. Project option review 03/15/16 k. Final project design, disposal site and financing selection 05/15/16 l. Public hearings 05/16 to 07/16 m. Final work products due 6/30/17 19. Pre-Proposal Conference. A pre-proposal conference will be held at the following location, date, and time to answer any questions that prospective proposers may have regarding this RFP: Thursday, September 10, 2015, 10:00 a.m. City Hall, Council Hearing Room 990 Palm Street San Luis Obispo, CA 93401 20. Ownership of Materials. All original drawings, plan documents and other materials prepared by or in possession of the Contractor as part of the work or services under these specifications shall become the permanent property of the City, and shall be delivered to the City upon demand. 21. Release of Reports and Information. Any reports, information, data, or other material given to, prepared by or assembled by the Contractor 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 Contractor without the prior written approval of the City. 22. Copies of Reports and Information. If the City requests additional copies of reports, drawings, specifications, or any other material in addition to what the Contractor is required to furnish in limited quantities as part of the work or services under these specifications, the Contractor shall provide such additional copies as are requested, and City shall compensate the Contractor for the costs of duplicating of such copies at the Contractor's direct expense. 23. Required Deliverable Products. The Contractor will be required to provide: a. Four (4) copies of original, color copies of the appraisal reports addressing all elements of the workscope. City staff will review any documents or materials provided by the Contractor and, where necessary, the Contractor will be required to respond to staff comments and make such changes as deemed appropriate. b. When computers have been used to produce materials submitted to the City as a part of the workscope, the Contractor must provide the corresponding computer files to the City, compatible with the following programs whenever possible unless otherwise directed by the project manager: Adobe .pdf format Computer files must be delivered on a “flash drive”. Alternatively, files may be emailed to the City. 24. Attendance at Meetings and Hearings. As part of the workscope and included in the contract price is attendance by the Contractor at up to two (2) public meetings to present and discuss its findings and recommendations. Contractor shall attend as many "working" meetings with staff as necessary in performing workscope tasks. Packet Pg. 73 At t a c h m e n t 1 L a g u n a L a k e R F P 1 0 5 0 L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t R F P A u t h o r i z a t i o n R e q u e s t 7.a Packet Pg. 97 At t a c h m e n t : a - 0 8 - 1 8 - 2 0 1 5 C o u n c i l A g e n d a R e p o r t f o r L a g u n a L a k e R F P ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t 25. Alternative Proposals. 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. 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. Proposers 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 proposer and all subcontractors named in its proposal shall bear sole responsibility for proposal preparation errors resulting from any misstatements or omissions in the plans and 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 plans and specifications will be as determined by law, any patent ambiguity or defect shall give rise to a duty of proposer to inquire prior to proposal submittal. Failure to so inquire shall cause any such ambiguity or defect to be construed against the proposer. An ambiguity or defect shall be considered patent if it is of such a nature that the proposer, 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 proposer or subcontractors to notify City in writing of specification or plan 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 proposer to achieve the project’s objective or standard beyond the amounts provided there for 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 plans and/or specifications, or any other matter whatsoever, Contractor shall immediately notify the City in writing, and the Contractor and all subcontractors 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 contractor'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. Packet Pg. 74 At t a c h m e n t 1 L a g u n a L a k e R F P 1 0 5 0 L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t R F P A u t h o r i z a t i o n R e q u e s t 7.a Packet Pg. 98 At t a c h m e n t : a - 0 8 - 1 8 - 2 0 1 5 C o u n c i l A g e n d a R e p o r t f o r L a g u n a L a k e R F P ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t Section 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 CONTRACTOR’S NAME IN CAPITAL LETTERS], hereinafter referred to as Contractor. W I T N E S S E T H: WHEREAS, on [date], City invited requested proposals for Laguna Lake Dredging and Sediment Management, per Specification No. 91392. WHEREAS, pursuant to said request, Contractor submitted a proposal that was accepted by City for said Laguna Lake Dredging and Sediment Management. 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 Appraisal Services for Open Space Land Acquisition. 2. INCORPORATION BY REFERENCE. City Specification No. 91392 and Contractor's proposal dated [date], are hereby incorporated in and made a part of this Agreement. To the extent that there are any conflicts between the City’s specification and this Agreement and the Contractor’s proposal, the terms of the City’s specification and this Agreement shall prevail, unless specifically agreed otherwise in writing signed by both parties. 3. CITY'S OBLIGATIONS. For providing Laguna Lake Dredging and Sediment Management, as specified in this Agreement, City will pay and Contractor shall receive therefor compensation in a total sum not to exceed [$ .00 ]. 4. CONTRACTOR'S OBLIGATIONS. For and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by City, Contractor agrees with City to do everything required by this Agreement and the said specification. 5. AMENDMENTS. Any amendment, modification or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the Council or City Manager of the City. Packet Pg. 75 At t a c h m e n t 1 L a g u n a L a k e R F P 1 0 5 0 L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t R F P A u t h o r i z a t i o n R e q u e s t 7.a Packet Pg. 99 At t a c h m e n t : a - 0 8 - 1 8 - 2 0 1 5 C o u n c i l A g e n d a R e p o r t f o r L a g u n a L a k e R F P ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t 6. COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding or representation be binding upon the parties hereto. 7. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows: City CityClerk City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Contractor Name Address 8. AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do covenant that each individual executing this agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. ATTEST: CITY OF SAN LUIS OBISPO By:_____________________________________ City Clerk City Manager APPROVED AS TO FORM: CONTRACTOR By: _____________________________________ City Attorney Packet Pg. 76 At t a c h m e n t 1 L a g u n a L a k e R F P 1 0 5 0 L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t R F P A u t h o r i z a t i o n R e q u e s t 7.a Packet Pg. 100 At t a c h m e n t : a - 0 8 - 1 8 - 2 0 1 5 C o u n c i l A g e n d a R e p o r t f o r L a g u n a L a k e R F P ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t Section E INSURANCE REQUIREMENTS Consultant Services The Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. 4. Errors and Omissions Liability insurance as appropriate to the consultant's profession. Minimum Limits of Insurance. Contractor shall maintain limits no less than: 1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability 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 Contractor 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 Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, official, employees, agents or volunteers. 2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. Packet Pg. 77 At t a c h m e n t 1 L a g u n a L a k e R F P 1 0 5 0 L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t R F P A u t h o r i z a t i o n R e q u e s t 7.a Packet Pg. 101 At t a c h m e n t : a - 0 8 - 1 8 - 2 0 1 5 C o u n c i l A g e n d a R e p o r t f o r L a g u n a L a k e R F P ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t 3. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 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. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Verification of Coverage. Contractor shall furnish the City with 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. Packet Pg. 78 At t a c h m e n t 1 L a g u n a L a k e R F P 1 0 5 0 L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t R F P A u t h o r i z a t i o n R e q u e s t 7.a Packet Pg. 102 At t a c h m e n t : a - 0 8 - 1 8 - 2 0 1 5 C o u n c i l A g e n d a R e p o r t f o r L a g u n a L a k e R F P ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t PROPOSAL SUBMITTAL FORM Sample The undersigned declares that she or he has carefully examined Specification No. 91392, which is hereby made a part of this proposal; is thoroughly familiar with its contents; is authorized to represent the proposing firm; and agrees to perform the specified work for the following cost quoted in full: Description Quantity Unit Price Total TOTAL BASE PRICE Other (provide detail below) TOTAL $ Delivery of equipment to the City to be within 90 calendar days after contract execution and written authorization to proceed. Certificate of insurance attached; insurance company’s A.M. Best rating: __________________. Firm Name and Address Contact Phone Signature of Authorized Representative Date Packet Pg. 79 At t a c h m e n t 1 L a g u n a L a k e R F P 1 0 5 0 L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t R F P A u t h o r i z a t i o n R e q u e s t 7.a Packet Pg. 103 At t a c h m e n t : a - 0 8 - 1 8 - 2 0 1 5 C o u n c i l A g e n d a R e p o r t f o r L a g u n a L a k e R F P ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t 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 Packet Pg. 80 At t a c h m e n t 1 L a g u n a L a k e R F P 1 0 5 0 L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t R F P A u t h o r i z a t i o n R e q u e s t 7.a Packet Pg. 104 At t a c h m e n t : a - 0 8 - 1 8 - 2 0 1 5 C o u n c i l A g e n d a R e p o r t f o r L a g u n a L a k e R F P ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t STATEMENT OF PAST CONTRACT DISQUALIFICATIONS The proposer shall state whether it or any of its officers or employees who have a proprietary interest in it, has ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of the violation of law, a safety regulation, or for any other reason, including but not limited to financial difficulties, project delays, or disputes regarding work or product quality, and if so to explain the circumstances. Do you have any disqualification as described in the above paragraph to declare? Yes No If yes, explain the circumstances. Executed on at _______________________________________ under penalty of perjury of the laws of the State of California, that the foregoing is true and correct. Signature of Authorized Proposer Representative Packet Pg. 81 At t a c h m e n t 1 L a g u n a L a k e R F P 1 0 5 0 L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t R F P A u t h o r i z a t i o n R e q u e s t 7.a Packet Pg. 105 At t a c h m e n t : a - 0 8 - 1 8 - 2 0 1 5 C o u n c i l A g e n d a R e p o r t f o r L a g u n a L a k e R F P ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t Page intentionally left blank. 7.a Packet Pg. 106 At t a c h m e n t : a - 0 8 - 1 8 - 2 0 1 5 C o u n c i l A g e n d a R e p o r t f o r L a g u n a L a k e R F P ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t Council Minutes City Hall, 990 Palm Street, San Luis Obispo Tuesday, August 18, 2015 Regular Meeting of the City Council CALL TO ORDER A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday, August 18, 2015 at 6:00 p.m. in the Council Chambers, located at 990 Palm Street, San Luis Obispo, California, by Mayor Marx. ROLL CALL Council Members Present: Council Members Dan Carpenter, Carlyn Christianson, Dan Rivoire, Vice Mayor John Ashbaugh, and Mayor Jan Marx. Council Members Absent: None City Staff Present: Katie Lichtig, City Manager; Christine Dietrick, City Attorney; Michael Codron, Assistant City Manager; and Anthony Mejia, City Clerk; were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. PLEDGE OF ALLEGIANCE Council Member Rivoire led the Pledge of Allegiance. PRESENTATION 1. PRESENTATION BY TIM MAHONEY. REPRESENTING SOUTHERN CALIFORNIA GAS COMPANY REGARDING THE STATUS OF THE SOUTH HIGUERA GAS LINE PROJECT Tim Mahoney, representing Southern California Gas Company (SCG), provided an update on the status of the South Higuera Gas Line Project; advised that SCG's mission is to ensure that gas is delivered in a safe and reliable way; noted that when the project is completed the affected streets will be repaved and striped to the City's standards. INTRODUCTION 2. REBECCA GERSHOW, ASSOCIATE PLANNER Community Development Director Johnson introduced Rebecca Gershow newly -hired Associate Planner. 7.b Packet Pg. 107 At t a c h m e n t : b - 0 8 - 1 8 - 2 0 1 5 C o u n c i l M e e t i n g M i n u t e s ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t A w a r d ) San Luis Obispo City Council_ Minutes or August 18, 2015 Page 2 PUBLIC COMMENT Ken Meersand, California Clean Money Campaign, Pismo Beach, urged Council to endorse Assembly Bill (AB) 700 related to campaign disclosure requirements; asserted that large campaign contributions and special interest groups can negatively influence local elections. Ivana Yegng, San Luis Obispo County Planning and Building Department, San Luis Obispo, stated that grant funding is now available through Community Development Block Grants, Home Investment Partnership Program, and Emergency Solutions Grants; announced that open houses will be held to help determine which proposals will be awarded these grants. terry Vloltan„ San Luis Obispo, urged Council to move forward with seeking a court order to resolve the residential development project at 1179 San Carlos Drive; voiced opposition regarding the re- establishment of an agreement to allow Ryan Petetit to enter the property. Jane Eddy, San Luis Obispo, voiced concern that personal shopping carts are no longer permitted on City buses; opined that disabled people are negatively impacted by this new policy. Dirk Anderson, San Luis Obispo, voiced concern that the homeless are begin harassed, noting that he is a homeless veteran; stated that he does not create problems as a homeless person and the Police Department shnnld not confront him, Donald Hedrick, San Luis Obispo, opined that local government should not rubber stamp development projects; asserted that foreign interest groups are influencing the elections; stated that the City needs to restore integrity in the election process. William Ostrander, Director of Citizens Congress, urged Council to agendize the "Integrity in Our Elections Ordinance "; voiced concern that a majority of campaign contributions come from wealthy donors which disenfranchises regular citizens in the electoral process. Michael Latner, San Luis Obispo, noted that he is a professor in political science and an expert in elections; stated that the proposed "Integrity in Our Elections Ordinance" improves participation, accountability, and enforcement as it relates to campaign financing; opined that clean elections should be a priority for the City and that contribution limits will become ineffective over time. Eric Veium, San Luis Obispo, urged Council to direct staff to agendize the proposed "Integrity in Our Elections Ordinance "; stated that the proposed ordinance enhances integrity, transparency, and accountability in elections. Harry Busselen, San Luis Obispo, urged Council to implement flood protection measures before the winter storm season; voiced concern that potable water is being lost due to the City's declining water distribution system; noted that he is drinking bottled water until an update is provided regarding the recent water constituent violation. John Belsher, San Luis Obispo, spoke on the status of the residential project located at 1179 San Carlos Drive; noted that the City has had three Chief Building Officials in recent years which has led to confusion about the project. 7.b Packet Pg. 108 At t a c h m e n t : b - 0 8 - 1 8 - 2 0 1 5 C o u n c i l M e e t i n g M i n u t e s ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t A w a r d ) Sara Luis Obispo City Council Minutes of August 18, 2015 Page 3 In response to public comment, Utilities Director Mattingly advised that there is still a possibility that trihalomethane could spike and that sensitive persons should take necessary precautions; noted that water main breaks do occur on occasion, however, noted that the City has a robust Capital Improvement Plan. In response to public comment, Natural Resources Manager Hill advised that the City has a robust winterization plan to help prevent the potential for flooding in the creek systems, noting that an outline of the plan will be distributed to the Council soon. By consensus, Council directed staff to analysis Citizens Congress' proposed ordinance entitled An Ordinance of the City Council of the City of San Luis Obispo, California, amending the San Luis Obispo Municipal Code to create a system `Democracy Vouchers' funding for municipal elections and to make other revisions to the City's Election Campaign Regulations" and to agendize the matter for future consideration in December 2015. CONSENT AGENDA Paul Buntour, San Luis Obispo, urged Council to repeal the ordinance regarding feeding of animals; asserted that the City is guilty of animal neglect at Laguna Lake by depriving food and water; advised that his neighbors are placing wade pools at the lake to assist the wildlife. John Smi eglski, San Luis Obispo, urged Council to create an advisory committee to assist with the restoration of Laguna Lake and to address the creek's capacity to support the heavy rainfall this winter; conveyed support for issuing a request for proposal (RFP) for Laguna Lake. Arnold Ruiz, San Luis Obispo, urged Council to take action to re- establish the ecosystem at Laguna Lake; opined that bureaucracy is preventing the City from addressing the situation at Laguna Lake in a timely manner. Donald Hedrick, San Luis Obispo, requested that Items 7, 11 and 15 be removed from the consent calendar; opined that ordinances should be considered individually for a roll call vote; stated that geoengineering is impacting the drought conditions at Laguna Lake and that now would be an appropriate time to dredge the lake. Harry Busselen, San Luis Obispo, questioned the propriety of holding Laguna Lake area residents financially responsible for open space maintenance through a special assessment district. MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5 -0, to approve Consent Calendar Items 3 thru 15, with Council Member Carpenter registering a no vote on Item 12. 3. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5 -0, to waive reading of all resolutions and ordinances as appropriate. 7.b Packet Pg. 109 At t a c h m e n t : b - 0 8 - 1 8 - 2 0 1 5 C o u n c i l M e e t i n g M i n u t e s ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t A w a r d ) San Luis Obispo City Council Minutes of August 18, 2015 Page 4 4. MINUTES OF THE CITY COUNCIL MEETINGS OF July 7, 9, AND 21, 2 ©15 MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5 -0, to approve the Minutes of the City Council meetings of July 7, 9, and 21, 2015. 5. WATER AND WASTEWATER PORTABLE GENERATOR REPLACEMENT SPECIFICATION NO. 91332 MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5 -0, to: I. Authorize the Finance Director to execute a purchase order to San Luis Powerhouse of San Luis Obispo, California, in the amount of $165,335.45 for the purchase of one 100 kW Multiquip DCA125SSJU4F, and one 200 kW Cummins C200D portable generators. 2. Authorize the surplus designation of Fleet Asset No. 0008, 0009, 0010, and 0010, 1999 Caterpillar HX100 portable generators, by sale, auction, trade -in or other method in accordance with the City's policies and procedures as prescribed in the Financial Management Manual Section 405 -L and 480. 6. UPDATE OF LONG -TERM AFFORDABLE HOUSING AGREEMENT DOCUMENTS MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5 -0, to: 1. Appropriate $10,000 within the Affordable Housing Fund from unallocated reserves to an expenditure account to update the City's long -term affordable housing agreement documents. 2. Authorize the City Manager to execute the legal services agreement with Goldfarb & Lipman LLP in an amount not to exceed $10,000. 7. AUTHORIZE REQUEST FOR PROPOSALS (RFP) FOR PHASE I OF THE LAGUNA LAKE DREDGING AND SEDIMENT MANAGEMENT PROJECT MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5 -0, TO: 1. Authorize the issuance of a Request for Proposals (RFP) for phase I of the Laguna Lake Dredging and Sediment Management Project in furtherance of the City's Laguna Lake Natural Reserve Conservation Plan pursuant to Specification No. 91392. 2. Authorize the City Manager to award consultant services agreements if proposals are received within the available budget for the project. 7.b Packet Pg. 110 At t a c h m e n t : b - 0 8 - 1 8 - 2 0 1 5 C o u n c i l M e e t i n g M i n u t e s ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t A w a r d ) San Luis Obispo City Council Minutes of August 18, 2015 Page 5 8. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CURB RAMPS 2015, SPECIFICATION NO. 91308 MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5 -0, TO: 1. Approve Plans and Specifications for the Community Development Block Grant CDBG) Curb Ramps 2015 project, Specification No. 91308. 2. Authorize staff to advertise for bids and authorize the City Manager to award the contract if the lowest responsible bid is within the Engineer's Estimate of $170,000. 9. INCLUSIONARY HOUSING EXCLUSION AND CITYWIDE TRANSPORTATION IMPACT FEE CREDIT FOR THE PROPOSED HOMELESS SERVICES CENTER MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5 -0, to adopt Resolution No. 10652 (2015 Series) entitled A Resolution of the City Council of the City of San Luis Obispo, California, approving an Inclusionary Housing exemption and Citywide Transportation Impact Fee credit for the proposed Homeless Service Center." 10. AMEND SCOPE OF WORK WITH JOHNSON AVIATION TO PROVIDE TECHNICAL ASSISTANCE TO CITY DURING COUNTY UPDATE TO AIRPORT LAND USE PLAN MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5 -0, to authorize the Community Development Director to sign a contract amendment to amend the scope of work of an existing contract with Johnson Aviation for an amount not to exceed $50,000 in fiscal year 2015 -16 and 50,000 in fiscal year 2016 -17 to provide technical assistance to the City during review of the County's update to the San Luis Obispo County Regional Airport Land Use Plan. 11. APPROVE A RESOLUTION AUTHORIZING THE EXAMINATION OF PREPAID TELEPHONY SERVICE SURCHARGE AND LOCAL CHARGE RECORDS AND APPROVE AN AGREEMENT FOR THE COLLECTION OF THE MOBILE TELEPHONY SURCHARGE MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5 -0, to: 1. Approve an agreement between the City and the State Board of Equalization for the collection and distribution of Mobile Telephony Surcharge assessed on prepaid wireless service fees and authorize the City Manager to execute the agreement. Council action continued on the next page) 7.b Packet Pg. 111 At t a c h m e n t : b - 0 8 - 1 8 - 2 0 1 5 C o u n c i l M e e t i n g M i n u t e s ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t A w a r d ) San Luis Obispo City Council Minutes of August 18, 2015 _ Page 6 2. Adopt Resolution No. 10653 (2015 . Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, approving the agreement with the State Board of Equalization for implementation of the Local Prepaid Mobile Telephony Services Collection Act and authorizing the City Manager to execute the agreement on behalf of the City." 3. Adopt Resolution No. 10654 (2015 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, authorizing the examination of Prepaid Mobile Telephony Service Surcharge and Local Charge Records." 4. Adopt Resolution No. 10655 (2015 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, authorizing the City Manager and City Attorney to execute certain documents required by the Board of Equalization to collect the City's Utility Users Tax on Prepaid Wireless Service." 12. SUPPORT NEW SUSTAINABLE TRANSPORTATION FUNDING FOR ALL TRANSPORTATION MODES BY SUPPORTING EFFORTS OF THE FIX OUR ROAD COALITION AND 511 -16 (BEALL) MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 4 -1 (COUNCIL MEMBER CARPENTER VOTING NO), to adopt Resolution No. 10656 (2015 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, urging the State to provide new sustainable funding for state and local transportation infrastructure, participation in a statewide - Fix Our Roads Coalition, and endorsing SB -16 (Beall)." 13. SINSHEIMER POOL RE- PLASTER AND RE -TILE SPECIFICATION NO. 91208 MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5 -0, to: Award a contract to Condor, Inc. in the amount of $487,460.00 for the Sinsheimer Pool Re- plaster and Re -tile project, Specification No. 91208. 2. Approve a transfer of $51,000 from the construction management phase of the project account to the construction phase of the project account. 14. RESOLUTION AUTHORIZING THE COLLECTION OF DELINQUENT CODE ENFORCEMENT FINES MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5 -0, to: 1. Rescind and replace Resolution No. 10625 (2015 Series). 2. Adopt Resolution No. 10657 (2015 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, authorizing the San Luis Obispo County Auditor to assess amounts due on delinquent Administrative Fines as special assessments against properties pursuant to California Government Code Section 53069.4(A)." 7.b Packet Pg. 112 At t a c h m e n t : b - 0 8 - 1 8 - 2 0 1 5 C o u n c i l M e e t i n g M i n u t e s ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t A w a r d ) San Luis Obispo City Council Minutes of August 18, 2015 Page 7 15. ORDINANCE NO. 1621 (SECOND READING) - AMENDING CHAPTER 9.13 OF THE MUNICIPAL CODE RELATED TO UNRULY GATHERING MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5 -0, to adopt !Ordinance No. 1621 (2015 Series) entitled An Ordinance of the City Council of the City of San Luis Obispo, California, amending Chapter 9.13 of the San Luis Obispo Municipal Code regarding unruly gatherings," as amended to include the work "welfare" in Section 9.13.020 (Definitions). PUBLIC HEARING 16. SOLID WASTE BASE YEAR RATE APPLICATION WHICH INCLUDES THE COST OF A NEW ORGANICS DIVERSION /COMPOSTING PROGRAM Utilities Director Mattingly and Utilities Services Manager Munds narrated a PowerPoint presentation entitled "Solid Waste Base Year Rate Application "; requested that Council continue consideration of the franchise agreement to a date uncertain while staff continues to finalize the agreement with San Luis Garbage Company; responded to Council inquires. Mayor Marx opened and closed the Public Hearing, there being no others desiring to speak on this item. City Clerk Mejia reported a total of 7 validated written protests were submitted in advance of the public hearing; advised that based on the total percentage needed, this does not amount to a legally sufficient protest. Following discussion, MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER RIVOIRE, CARRIED 5 -0, to: 1. Conceptually approve an expanded organics diversion program that includes food waste, ends the use of green waste as alternative daily cover at Cold Canyon Landfill and uses Kompogas Anaerobic Digestion technology. 2. Adopt Resolution No. 10658 (2015 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, establishing integrated solid waste rates," provided there is not a majority protest against such increase, as follows: a) Base Year Rate Increase Effective January 1, 2016, a 5.25% rate increase b) Interim Year Consumer Price Index rate Increase Consumer Price Index publish by the U.S. Department of Labor, Bureau of Labor Statistics) Based on the annual increase (if any) in the Consumer Price Index (CPI) for Urban Consumers based on All U.S. City Average Effective January 1, 2017: June 2016 CPI increase (if any) Effective January 1, 2018: June 2017 CPI increase (if any) c) Annual Landfill Expansion Rate Increase Pass- through of Count- approved annual tipping fee increase at Cold Canyon Landfill) Effective January 1, 2017: 0.85 percent Effective January 1, 2018: 0.82 percent 7.b Packet Pg. 113 At t a c h m e n t : b - 0 8 - 1 8 - 2 0 1 5 C o u n c i l M e e t i n g M i n u t e s ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t A w a r d ) San Luis Obisp City Council Minutes of August 18, 2015 Page S BUSINESS ITEM 17. STRATEGY TO UPDATE THE DOWNTOWN CONCEPT PLAN AND REQUEST FOR CONSL]LTANT ASSISTANCE Carpenter announced that he is recusing himself because he owns property within the boundaries of the Downtown Concept Plan; left the Chamber at 7:31 p.m. Community Development Director Johnson and Community Development Deputy Director Murry narrated a PowerPoint presentation entitled "Downtown Concept Plan Update" and responded to Council inquires. Donald Hedrick, San Luis Obispo, voiced concern that outside special interest groups and consultants are influencing the development of the downtown and negatively impacting the viewshed. Jacub Rogej-s, San Luis Obispo, opined that at least one member of the Creative Vision Team should be a student representative from Cal Poly. lames Lopes, San Luis Obispo, noted that he submitted correspondence recommending revisions to the request for proposal (RFP) for consultant services; suggested that Council request a 3D model of the Downtown Concept Plan; suggested that the completed plan should be a policy document or a reference document to the General Plan. Charlene Rosales, Chamber of Commerce, spoke in favor of expanding the membership of the Creative Vision Team; noted the Chamber's desire to see active community engagement in developing the plan. Steve Delmartini, San Luis Obispo, voiced support for establishing an ad -hoc Council subcommittee for the purpose of interviewing Creative Vision Team applicants with a recommendation forwarded to the full Council. In response to public comment, Community Development Deputy Director Murry pointed out that the RFP includes an optional deliverable for a sketch model of the new Downtown Concept Plan, noting that a 31) model would likely be over budget; advised that the consultants will help ensure that the project moves forward on schedule, maximize public engagement, and provide specialized experience in urban design. Council expressed its desire for the Downtown Concept Plan to return to Council prior to December 2016. By consensus, Council appointed Council Members Christianson and Rivoire to an ad- hoc subcommittee for the purpose of interviewing candidates and forwarding to Council recommendations for appointment to the Creative Vision Team; Council agreed that the Creative Vision Team should be expanded to include five new members for a total of a nine member team. 7.b Packet Pg. 114 At t a c h m e n t : b - 0 8 - 1 8 - 2 0 1 5 C o u n c i l M e e t i n g M i n u t e s ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t A w a r d ) San Luis Obispo City Council Minutes of August 18. 2015 Page 9 MOTION BY COUNCIL MEMBER RIVOIRE, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 4 -0 (COUNCIL MEMBER CARPENTER RECUSED), to: 1. Approve the Scope of Work and Request for Proposal for consultant services associated with updating the Downtown Concept Plan Specification No. 91364 and authorize staff to advertise for proposals. 2. Authorize the Community Development Director to execute the agreement with the selected consultant if costs are within the approved budget. 3. Adopt Resolution No. 10659 (2015 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, creating the Creative Vision Team for the Downtown Concept Plan Update and defining its term and charge." RECESS Council recessed at 8:26 p.m. and reconvened at 8:38 p.m., with all Council Members present. PUBLIC HEARING 18. PUBLIC ENGAGEMENT AND NOTICING MANUAL Assistant City Manager Codron and Principal Analyst David narrated a PowerPoint presentation entitled "Public Engagement & Noticing Manual, Community Engagement: A Guide to Outreach Planning" and responded to Council inquires. Mayor Marx opened the Public Hearing. Carolyn Smith, San Luis Obispo; recommended that noticing periods be expanded from 5- days and 10 -days to 10 -days and 14 -days, respectively; recommended that at a minimum all adjacent properties and properties across the street should receive notifications. James Lopcs, San Luis Obispo, spoke in support of Residents of Quality Neighborhoods RQN) recommendations to extend noticing periods; suggested that advisory body public hearings need longer noticing periods; recommended that an online database be created to allow residents receive notifications and review development applications. Donald Hedrick, San Luis Obispo, spoke on the importance of engaging citizens and providing adequate notice. Charlene Rosales, Chamber of Commerce, spoke in favor of increasing public engagement and utilizing new technologies to engage a larger audience. Sandra Rowley, RQN, requested that Council not endorse the Public Engagement and Noticing (PEN) manual at this time; reviewed RQN's recommendations as it relates to expanded notification periods and distances. There being no others desiring to speak on this item, the Public Hearing was closed. 7.b Packet Pg. 115 At t a c h m e n t : b - 0 8 - 1 8 - 2 0 1 5 C o u n c i l M e e t i n g M i n u t e s ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t A w a r d ) San Luis Obispo City Council Minutes of August 18, 2015 Page 10 By consensus, Council directed staff to analyze potential impacts of expanding notification periods for development projects and tree removal applications and to agendize the matter for future consideration in late 2015. MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5 -0, to: Endorse the new Public Engagement and Noticing (PEN) Manual as a strategy guide for staff when engaging the public on City projects and policy initiatives. 2. Adopt Resolution No. 10660 (2015 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, adopting revised development review notification requirements," with the following revision to Exhibit A (revision in underlined font): Procedures Legal Legal Ad Postcards and Adjacent Owners Postcards to Signs Ad with Map and Occupants (including all ahuttiii Owners and on -site properties and those across the street) Occupants notifications) within 300' BUSINESS ITEM 19. ADOPTION OF NEIGHBORHOOD MATCHING GRANT PILOT PROGRAM Community Development Director Johnson and Associate Planner Gershow narrated a PowerPoint presentation entitled "Neighborhood Matching Grants, Enhancing and Strengthening Neighborhoods" and responded to Council inquires. Heidi Hannon, San Luis Obispo, spoke in favor of the pilot program and the requirement for matching funds to ensure that citizens are engaged; suggested having block parties throughout the community, including having first responders provide first aid and emergency preparedness training. Donald Hedrick, San Luis Obispo, questioned if program funds could be used for installing a street light on Sacramento Drive; opined that the pilot program does not have adequate funding. MOTION BY COUNCIL MEMBER RIVOIRE, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5 -0, to adopt Resolution No. 10661 (2015 Series) entitled A Resolution of the City Council of the City of San Luis Obispo, California, authorizing the Neighborhood Matching Grant Pilot Program for Fiscal Year 2015 -17, with $5,000 authorized in Fiscal Year 2015 -16 and $10,000 in Fiscal Year 2016 -17." Council Member Ashbaugh noted that he would prefer to separately consider allocating funding specifically for neighborhood block parties; expressed that it is his desire that the Neighborhood Match Grants be used for projects with a long - lasting impact. 7.b Packet Pg. 116 At t a c h m e n t : b - 0 8 - 1 8 - 2 0 1 5 C o u n c i l M e e t i n g M i n u t e s ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t A w a r d ) San Luis Obispo City Council Minutes of August 18, 2015 Page 11 STUDY SESSION 20. CITY PARTICIPATION IN THE CAL POLY MASTER PLAN UPDATE PROCESS Community Development Director Johnson and Community Development Deputy Director Murry narrated a PowerPoint presentation entitled "City Participation in the Cal Poly Master Plan Update Process" and responded to Council inquires. Following discussion, MOTION BY COUNCIL MEMBER RIVOIRE, SECOND BY VICE MAYOR ASHBAUGH, CARRIED 5 -0, to establish a City Council ad -hoc subcommittee consisting of Council Member Ashbaugh and Mayor Marx with direction to develop Guiding Principles for the City's participation in the Cal Poly Master Plan Update process for discussion by the full Council on September 15, 2015. LIAISON REPORTS A Council liaison report was received from Vice Mayor Ashbaugh. COUNCIL COMMUNICATIONS None. ADJOURNMENT The next Regular Meeting will be held on September 1, 2015 at 6:00 p.m. in the City Council Chamber, 990 Palm Street, San Luis Obispo, California. /17 APPROVED BY COUNCIL: 09/15/2015 7.b Packet Pg. 117 At t a c h m e n t : b - 0 8 - 1 8 - 2 0 1 5 C o u n c i l M e e t i n g M i n u t e s ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t A w a r d ) 7.b Packet Pg. 118 At t a c h m e n t : b - 0 8 - 1 8 - 2 0 1 5 C o u n c i l M e e t i n g M i n u t e s ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t A w a r d ) 990 Palm Street  San Luis Obispo, CA 93401 Notice Requesting Proposals for Laguna Lake Dredging and Sediment Management Project Specification No. 91392 The City of San Luis Obispo is requesting sealed proposals for phase I of the Laguna Lake Dredging and Sediment Management Project in furtherance of the City’s Laguna Lake Natural Reserve Conservation Plan pursuant to Specification No. 91392. All proposals must be received by the Public Works Department by 4 p.m., September 25, 2015 when they will be opened publicly in the Main Conference Room 1, 919 Palm Street, San Luis Obispo, CA 93401. Proposals received after said time will not be considered. To guard against premature opening, each proposal shall be submitted to the Public Works Department in a sealed envelope plainly marked with the proposal title, specification number, proposer name, and time and date of the proposal opening. Proposals shall be submitted using the forms provided in the specification package. A pre-proposal conference will be held at City Hall on Thursday, September 10, 2015, at 10:00 a.m., to answer any questions that the prospective proposers may have regarding the City's request for proposals. Specification packages and additional information may be obtained by contacting: Robert Hill, Natural Resources Manager, (805) 781-7211 or rhill@slocity.org. David Athey, Supervising Civil Engineer, (805) 781-7108 or dathey@slocity.org. The City of San Luis Obispo is committed to including disabled persons in all of our services, programs and activities. Telecommunications Device for the Deaf (805) 781-7410. 7.c Packet Pg. 119 At t a c h m e n t : c - 9 1 3 9 2 L a g u n a L a k e R F P F i n a l + A d d e n d u m N o . 1 a n d 2 ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t Specification No. 91392 TABLE OF CONTENTS A. Description of Work 1 B. General Terms and Conditions 3 Proposal Requirements Contract Award and Execution Contract Performance C. Special Terms and Conditions 6 Contract Term Estimated Quantities Proposal Content Proposal Evaluation and Selection Proposal Review and Award Schedule Unrestrictive Brand Names Start and Completion of Work Accuracy of Specifications D. Agreement 9 E. Insurance Requirements 11 F. Proposal Submittal Forms 12 Proposal Submittal Summary References 7.c Packet Pg. 120 At t a c h m e n t : c - 9 1 3 9 2 L a g u n a L a k e R F P F i n a l + A d d e n d u m N o . 1 a n d 2 ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t Section A DESCRIPTION OF WORK The City of San Luis Obispo (“City”) is requesting a project-specific proposal for phase I of the Laguna Lake Dredging and Sediment Management Project. It is expected that a multi-disciplinary team will be assembled in order to facilitate bringing the overall project to “shovel ready” status, which is described below and shall include the following components: 1. GENERAL BACKGROUND The City of San Luis Obispo owns the 344-acre Laguna Lake Natural Reserve that includes most of the lake itself, portions of Prefumo Creek and its outlet into the lake, and adjacent upland areas. The City has adopted the Laguna Lake Natural Reserve Conservation Plan (“Conservation Plan”) to guide future management of the Reserve by offering a framework for conservation, restoration, recovery, and scenic recreational use. Laguna Lake is primarily a naturally occurring lake, although the lake and its watersheds have been altered and manipulated. This has resulted in an increase in sediment deposition rates. Recent bathymetric surveys indicate accelerated changes in lake depth and morphology resulting in decreased water quality and aquatic habitat functions, as well as diminished aesthetic and recreational values associated with the lake. Therefore, this Request for Proposal addresses a primary Conservation Plan recommendation to implement dredging and sediment management strategies. 2. PROJECT SPECIFIC TASKS a. TASK 1 – Prepare Design Plans and Engineering Specifications i. Collect and analyze existing lake information including but not limited to bathymetry, topography, watersheds, and sedimentation rates and depths. ii. Provide three dredging project options of varying sizes and depths, to be developed in consultation with City, for City Council and community consideration. iii. Identify potential beneficial sediment re-use sites within ten miles of the project. Provide potential haul routes. iv. Provide estimated dredging project costs based on disposal of material in Laguna Lake Park or adjacent property, and offsite locations within 10 miles of the lake. v. Provide an excavation alternative design and estimated costs for a project that assumes dry lakebed conditions. vi. Upon project option selection, provide complete project dredging/excavation design plans and specifications suitable for permitting and contractor bid packages. vii. Include time for a minimum of two City Council hearings in the proposed budget. b. TASK 2 - Environmental Studies and Project Permitting i. Review the existing lake sediment borings and determine if additional sampling is needed. The City will contract separately with the soils engineer to collect the additional information. ii. Prepare a hydrology study that evaluates surface hydrology, hydrogeology, drainage basin management and water quality as it pertains to the lake and 7.c Packet Pg. 121 At t a c h m e n t : c - 9 1 3 9 2 L a g u n a L a k e R F P F i n a l + A d d e n d u m N o . 1 a n d 2 ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t surroundings, as well as how the selected project option may affect these parameters. iii. Analyze sedimentation and nutrient loading rates for each watershed. Provide recommendations for decreasing sediment and nutrient loading including the use of sediment basins and other best management practices. iv. Provide a biological survey that details the existing aquatic species of the lake that may be affected by a dredging / excavation project. v. Traffic study (add-on option dependent on disposal site) vi. Prepare a project-specific initial study and appropriate environmental document. The City assumes for the purposes of RFP costs that a Mitigated Negative Declaration will be required. Project proposals should include alternate cost proposals in the event the initial study concludes an EIR is required. vii. Prepare and complete environmental permitting applications and complete the permitting process with the Army Corps of Engineers, CA Fish and Wildlife, Regional Water Quality Control Board, NOAA Fisheries, and any other pertinent regulatory agencies. Include time for external meetings with agency personnel in the budget. c. TASK 3 - Public Opinion Research and Financing Options i. Facilitate two property owner and two stakeholder outreach meetings to gather information and gain input on the options for dredging/excavating lake sediments. ii. Conduct a public opinion survey regarding lake dredging/exaction, the costs involved, and whether there is voter support for establishing a benefit assessment district, Community Facilities District, or other special funding district. iii. Based on the outcome of the public opinion survey, provide an evaluation and detail report of financing options for City consideration. The consultant will present project options to the City Council for review. iv. Pursue financing options (add-on option if public financing, i.e. CFD with bond counsel, underwriting, elections, etc.) based on the City’s chosen public financing option. v. Provide written materials such as an engineer’s report and other documentation supporting the establishment of a special district. vi. Include time for at least one City Council hearing in the budget. 3. CREDENTIALS AND QUALIFICATIONS a. At least one member of the team must be a Registered Civil Engineer and the team must have experience with natural water resource systems. b. Demonstrated experience with local, state, and federal permitting agencies. c. Demonstrated experience with municipal finance, public outreach methods, and public opinion research. 4. INTENDED USERS a. City of San Luis Obispo b. Property owners 7.c Packet Pg. 122 At t a c h m e n t : c - 9 1 3 9 2 L a g u n a L a k e R F P F i n a l + A d d e n d u m N o . 1 a n d 2 ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t 5. ADDITIONAL CONSIDERATIONS AND ASSUMPTIONS a. It should be expected that reports will be subject to review and approval processes by the City that may result in requests for clarification or additional analysis. b. The project team may be requested to attend up to two hearings with City advisory bodies and the City Council. c. The project team should assume that the City will supply pertinent background documentation of the subject properties (maps and surveys, relevant prior technical reports) where available. d. Exact timeline for milestones and deliverables to be coordinated with City upon award of contract. 6. DELIVERY REQUIREMENTS a. Four (4) complete, original color copies for each document. b. One (1) “flash drive” or similar data device with a complete copy of each document in Adobe .pdf format. 7.c Packet Pg. 123 At t a c h m e n t : c - 9 1 3 9 2 L a g u n a L a k e R F P F i n a l + A d d e n d u m N o . 1 a n d 2 ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t 7.c Packet Pg. 124 At t a c h m e n t : c - 9 1 3 9 2 L a g u n a L a k e R F P F i n a l + A d d e n d u m N o . 1 a n d 2 ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d 7.c Packet Pg. 125 At t a c h m e n t : c - 9 1 3 9 2 L a g u n a L a k e R F P F i n a l + A d d e n d u m N o . 1 a n d 2 ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t Section B GENERAL TERMS AND CONDITIONS PROPOSAL REQUIREMENTS 1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal (proposer) shall meet all of the terms, and conditions of the Request for Proposals (RFP) specifications package. By virtue of its proposal submittal, the proposer acknowledges agreement with and acceptance of all provisions of the RFP specifications. 2. Proposal Submittal. Each proposal must be submitted on the form(s) provided in the specifications and accompanied by any other required submittals or supplemental materials. Proposal documents shall be enclosed in an envelope that shall be sealed and addressed to the Public Works Department, City of San Luis Obispo, 919 Palm Street, San Luis Obispo, CA, 93401. In order to guard against premature opening, the proposal should be clearly labeled with the proposal title, specification number, name of proposer, and date and time of proposal opening. No FAX submittals will be accepted. 3. Insurance Certificate. Each proposal must include a certificate of insurance showing: a. The insurance carrier and its A.M. Best rating. b. Scope of coverage and limits. c. Deductibles and self-insured retention. The purpose of this submittal is to generally assess the adequacy of the proposer’s insurance coverage during proposal evaluation; as discussed under paragraph 12 below, endorsements are not required until contract award. The City’s insurance requirements are detailed in Section E. 4. Proposal Quotes and Unit Price Extensions. The extensions of unit prices for the quantities indicated and the lump sum prices quoted by the proposer must be entered in figures in the spaces provided on the Proposal Submittal Form(s). Any lump sum bid shall be stated in figures. The Proposal Submittal Form(s) must be totally completed. If the unit price and the total amount stated by any proposer for any item are not in agreement, the unit price alone will be considered as representing the proposer's intention and the proposal total will be corrected to conform to the specified unit price. 5. Proposal Withdrawal and Opening. A proposer may withdraw its proposal, without prejudice prior to the time specified for the proposal opening, by submitting a written request to the City Engineer for its withdrawal, in which event the proposal will be returned to the proposer unopened. No proposal received after the time specified or at any place other than that stated in the "Notice Inviting Bids/Requesting Proposals" will be considered. All proposals will be opened and declared publicly. Proposers or their representatives are invited to be present at the opening of the proposals. 6. Submittal of One Proposal Only. No individual or business entity of any kind shall be allowed to make or file, or to be interested in more than one proposal, except an alternative proposal when specifically requested; however, an individual or business entity that has submitted a sub- proposal to a proposer submitting a proposal, or who has quoted prices on materials to such proposer, is not thereby disqualified from submitting a sub-proposal or from quoting prices to other proposers submitting proposals. 7.c Packet Pg. 126 At t a c h m e n t : c - 9 1 3 9 2 L a g u n a L a k e R F P F i n a l + A d d e n d u m N o . 1 a n d 2 ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t 7. Cooperative Purchasing. During the term of the contract, the successful proposer will extend all terms and conditions to any other local governmental agencies upon their request. These agencies will issue their own purchase orders, will directly receive goods or services at their place of business and will be directly billed by the successful proposer. 8. Communications. All timely requests for information submitted in writing will receive a written response from the City. Telephone communications with City staff are not encouraged, but will be permitted. However, any such oral communication shall not be binding on the City. CONTRACT AWARD AND EXECUTION 9. Proposal Retention and Award. The City reserves the right to retain all proposals for a period of 60 days for examination and comparison. The City also reserves the right to waive non-substantial irregularities in any proposal, to reject any or all proposals, to reject or delete one part of a proposal and accept the other, except to the extent that proposals are qualified by specific limitations. See the "special terms and conditions" in Section C of these specifications for proposal evaluation and contract award criteria. 10. Competency and Responsibility of Proposer. The City reserves full discretion to determine the competence and responsibility, professionally and/or financially, of proposers. Proposers will provide, in a timely manner, all information that the City deems necessary to make such a decision. 11. Contract Requirement. The proposer to whom award is made (Contractor) shall execute a written contract with the City within ten (10) calendar days after notice of the award has been sent by mail to it at the address given in its proposal. The contract shall be made in the form adopted by the City and incorporated in these specifications. 12. Insurance Requirements. The Contractor shall provide proof of insurance in the form, coverages and amounts specified in Section E of these specifications within 10 (ten) calendar days after notice of contract award as a precondition to contract execution. 13. Business Tax. The Contractor must have a valid City of San Luis Obispo business tax certificate before execution of the contract. Additional information regarding the City's business tax program may be obtained by calling (805) 781-7134. CONTRACT PERFORMANCE 14. Ability to Perform. The Contractor warrants that it possesses, or has arranged through subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry out and complete the work hereunder in compliance with any and all federal, state, county, city, and special district laws, ordinances, and regulations. 15. Laws to be Observed. The Contractor shall keep itself fully informed of and shall observe and comply with all applicable state and federal laws and county and City of San Luis Obispo ordinances, regulations and adopted codes during its performance of the work. 16. Payment of Taxes. The contract prices shall include full compensation for all taxes that the Contractor is required to pay. 7.c Packet Pg. 127 At t a c h m e n t : c - 9 1 3 9 2 L a g u n a L a k e R F P F i n a l + A d d e n d u m N o . 1 a n d 2 ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t 17. Permits and Licenses. The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary. 18. Safety Provisions. The Contractor shall conform to the rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Safety. 19. Public and Employee Safety. Whenever the Contractor's operations create a condition hazardous to the public or City employees, it shall, at its expense and without cost to the City, furnish, erect and maintain such fences, temporary railings, barricades, lights, signs and other devices and take such other protective measures as are necessary to prevent accidents or damage or injury to the public and employees. 20. Preservation of City Property. The Contractor shall provide and install suitable safeguards, approved by the City, to protect City property from injury or damage. If City property is injured or damaged resulting from the Contractor's operations, it shall be replaced or restored at the Contractor's expense. The facilities shall be replaced or restored to a condition as good as when the Contractor began work. 21. Immigration Act of 1986. The Contractor warrants on behalf of itself and all subcontractors engaged for the performance of this work that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder. 22. Contractor Non-Discrimination. In the performance of this work, the Contractor agrees that it will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment of persons because of age, race, color, sex, national origin or ancestry, sexual orientation, or religion of such persons. 23. Work Delays. Should the Contractor be obstructed or delayed in the work required to be done hereunder by changes in the work or by any default, act, or omission of the City, or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or labor due to federal government restrictions arising out of defense or war programs, then the time of completion may, at the City's sole option, be extended for such periods as may be agreed upon by the City and the Contractor. In the event that there is insufficient time to grant such extensions prior to the completion date of the contract, the City may, at the time of acceptance of the work, waive liquidated damages that may have accrued for failure to complete on time, due to any of the above, after hearing evidence as to the reasons for such delay, and making a finding as to the causes of same. 24. Payment Terms. The City's payment terms are 30 days from the receipt of an original invoice and acceptance by the City of the materials, supplies, equipment or services provided by the Contractor (Net 30). 25. Inspection. The Contractor shall furnish City with every reasonable opportunity for City to ascertain that the services of the Contractor are being performed in accordance with the requirements and intentions of this contract. All work done and all materials furnished, if any, shall be subject to the City's inspection and approval. The inspection of such work shall not relieve Contractor of any of its obligations to fulfill its contract requirements. 7.c Packet Pg. 128 At t a c h m e n t : c - 9 1 3 9 2 L a g u n a L a k e R F P F i n a l + A d d e n d u m N o . 1 a n d 2 ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t 26. Audit. The City shall have the option of inspecting and/or auditing all records and other written materials used by Contractor in preparing its invoices to City as a condition precedent to any payment to Contractor. 27. Interests of Contractor. The Contractor covenants that it presently has no interest, and shall not acquire any interest—direct, indirect or otherwise—that would conflict in any manner or degree with the performance of the work hereunder. The Contractor further covenants that, in the performance of this work, no subcontractor or person having such an interest shall be employed. The Contractor certifies that no one who has or will have any financial interest in performing this work is an officer or employee of the City. It is hereby expressly agreed that, in the performance of the work hereunder, the Contractor shall at all times be deemed an independent contractor and not an agent or employee of the City. 28. Hold Harmless and Indemnification. The Contractor agrees to defend, indemnify, protect and hold the City and its agents, officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to the Contractor's employees, agents or officers that arise from or are connected with or are caused or claimed to be caused by the acts or omissions of the Contractor, and its agents, officers or employees, in performing the work or services herein, and all expenses of investigating and defending against same; provided, however, that the Contractor's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents, officers or employees. 29. Contract Assignment. The Contractor shall not assign, transfer, convey or otherwise dispose of the contract, or its right, title or interest, or its power to execute such a contract to any individual or business entity of any kind without the previous written consent of the City. 30. Termination. If, during the term of the contract, the City determines that the Contractor is not faithfully abiding by any term or condition contained herein, the City may notify the Contractor in writing of such defect or failure to perform. This notice must give the Contractor a 10 (ten) calendar day notice of time thereafter in which to perform said work or cure the deficiency. If the Contractor has not performed the work or cured the deficiency within the ten days specified in the notice, such shall constitute a breach of the contract and the City may terminate the contract immediately by written notice to the Contractor to said effect. Thereafter, neither party shall have any further duties, obligations, responsibilities, or rights under the contract except, however, any and all obligations of the Contractor's surety shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the termination thereof. In said event, the Contractor shall be entitled to the reasonable value of its services performed from the beginning date in which the breach occurs up to the day it received the City's Notice of Termination, minus any offset from such payment representing the City's damages from such breach. "Reasonable value" includes fees or charges for goods or services as of the last milestone or task satisfactorily delivered or completed by the Contractor as may be set forth in the Agreement payment schedule; compensation for any other work, services or goods performed or provided by the Contractor shall be based solely on the City's assessment of the value of the work-in-progress in completing the overall workscope. 7.c Packet Pg. 129 At t a c h m e n t : c - 9 1 3 9 2 L a g u n a L a k e R F P F i n a l + A d d e n d u m N o . 1 a n d 2 ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t The City reserves the right to delay any such payment until completion or confirmed abandonment of the project, as may be determined in the City's sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall the Contractor be entitled to receive in excess of the compensation quoted in its proposal. 7.c Packet Pg. 130 At t a c h m e n t : c - 9 1 3 9 2 L a g u n a L a k e R F P F i n a l + A d d e n d u m N o . 1 a n d 2 ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t Section C SPECIAL TERMS AND CONDITIONS 1. Contract Award. Subject to the reservations set forth in Paragraph 9 of Section B (General Terms and Conditions) of these specifications, the contract will be awarded to the lowest responsible, responsive proposer. 2. Sales Tax Reimbursement. For sales occurring within the City of San Luis Obispo, the City receives sales tax revenues. Therefore, for bids from retail firms located in the City at the time of proposal closing for which sales tax is allocated to the City, 1% of the taxable amount of the bid will be deducted from the proposal by the City in calculating and determining the lowest responsible, responsive proposer. 3. Labor Actions. In the event that the successful proposer is experiencing a labor action at the time of contract award (or if its suppliers or subcontractors are experiencing such a labor action), the City reserves the right to declare said proposer is no longer the lowest responsible, responsive proposer and to accept the next acceptable low proposal from a proposer that is not experiencing a labor action, and to declare it to be the lowest responsible, responsive proposer. 4. Failure to Accept Contract. The following will occur if the proposer to whom the award is made (Contractor) 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 proposer's bond or security is required; and an award may be made to the next lowest responsible, responsive proposer who shall fulfill every stipulation as if it were the party to whom the first award was made. 5. Contract Term. The supplies or services identified in this specification will be used by the City between February 2015 and December 2016. The prices quoted for these items must be valid for the entire period indicated above unless otherwise conditioned by the proposer in its proposal. 6. Contract Extension. The term of the contract may be extended by mutual consent for an additional one-year timeframe. 7. Supplemental Purchases. Supplemental purchases may be made from the successful proposer during the contract term in addition to the items listed in the Detail Proposal Submittal Form. For these supplemental purchases, the proposer shall not offer prices to the City in excess of the amounts offered to other similar customers for the same item. If the proposer is willing to offer the City a standard discount on all supplemental purchases from its generally prevailing or published price structure during the contract term, this offer and the amount of discount on a percentage basis should be provided with the proposal submittal. 8. Contractor Invoices. The Contractor may deliver either a monthly invoice to the City with attached copies of detail invoices as supporting detail, or in one lump-sum upon completion. 9. Non-Exclusive Contract. The City reserves the right to purchase the items listed in the Detail Proposal Submittal Form, as well as any supplemental items, from other vendors during the contract term. 7.c Packet Pg. 131 At t a c h m e n t : c - 9 1 3 9 2 L a g u n a L a k e R F P F i n a l + A d d e n d u m N o . 1 a n d 2 ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t 10. Unrestrictive Brand Names. Any manufacturer's names, trade names, brand names or catalog numbers used in the specifications are for the purpose of describing and establishing general quality levels. Such references are not intended to be restrictive. Proposals will be considered for any brand that meets or exceeds the quality of the specifications given for any item. In the event an alternate brand name is proposed, supplemental documentation shall be provided demonstrating that the alternate brand name meets or exceeds the requirements specified herein. The burden of proof as to the suitability of any proposed alternatives is upon the proposer, and the City shall be the sole judge in making this determination. 11. Delivery. Prices quoted for all supplies or equipment to be provided under the terms and conditions of this RFP package shall include delivery charges, to be delivered F.O.B. San Luis Obispo by the successful proposer and received by the City within 90 days after authorization to proceed by the City. 12. Start and Completion of Work. Work on this project shall begin immediately after contract execution and shall be completed within 90 calendar days thereafter, unless otherwise negotiated with City by mutual agreement. 13. Change in Work. The City reserves the right to change quantities of any item after contract award. If the total quantity of any changed item varies by 25% or less, there shall be no change in the agreed upon unit price for that item. Unit pricing for any quantity changes per item in excess of 25% shall be subject to negotiation with the Contractor. 14. Submittal of References. Each proposer shall submit a statement of qualifications and references on the form provided in the RFP package. 15. Statement of Contract Disqualifications. Each proposer shall submit a statement regarding any past governmental agency bidding or contract disqualifications on the form provided in the RFP package. 16. Proposal Content. Your proposal must include the following information: Submittal Forms a. Proposal submittal summary. b. Certificate of insurance. c. References from at least three firms for whom you have provided similar services. d. Professional work product example. Qualifications e. Experience of your firm in performing similar services. f. Resumes of the individuals who would be assigned to this project, including any sub- consultants. Resumes should note required licensing (see Section A, above). g. Standard hourly billing rates for the assigned staff, including any sub-consultants. h. Statement and explanation of any instances where your firm has been removed from a project or disqualified from proposing on a project. i. Demonstrated conservation easement project work. Work Program j. Description of your approach to completing the work. 7.c Packet Pg. 132 At t a c h m e n t : c - 9 1 3 9 2 L a g u n a L a k e R F P F i n a l + A d d e n d u m N o . 1 a n d 2 ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t k. Tentative schedule by phase and task for completing the work. l. Estimated hours for your staff in performing each major phase of the work, including sub-consultants. m. Services or data to be provided by the City. n. Any other information that would assist us in making this contract award decision. Proposal Length and Copies o. Proposals should include numbered pages, including identification of attachments and supplemental materials. p. Three copies of the proposal must be submitted. 17. Proposal Evaluation and Consultant Selection. Proposals will be evaluated by a review committee using a two-phase selection and contract award process as follows: Phase 1 – Written Proposal Review/Finalist Candidate Selection A group of finalist candidates (generally the top 3 to 5 five proposers) will be selected for follow-up interviews and presentations based on the following criteria as evidenced in their written proposals: a. Understanding of the work required by the City. b. Quality, clarity and responsiveness of the proposal. c. Demonstrated competence and professional qualifications necessary for successfully performing the work required by the City. d. Recent experience in successfully performing similar services. e. Proposed approach in completing the work. f. References. g. Background and experience of the specific individuals to be assigned to this project. Phase 2 – Oral Presentations/Interviews and Consultant Selection Finalist candidates will make an oral presentation to the review committee and answer questions about their proposal. The purpose of this second phase is two-fold: to clarify and resolve any outstanding questions or issues about the proposal; and to evaluate the proposer’s ability to clearly and concisely present information orally. As part of this second phase of the selection process, finalist candidates will submit proposed compensation costs for the work, including a proposed payment schedule tied to accomplishing key project milestones or tasks. After evaluating the proposals and discussing them further with the finalists or the tentatively selected contractor, the City reserves the right to further negotiate the proposed workscope and/or method and amount of compensation. 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. 18. Proposal Review and Award Schedule. The following is an outline of the anticipated schedule for proposal review and contract award: a. Issue RFP 08/24/15 b. Conduct pre-proposal conference 09/10/15 7.c Packet Pg. 133 At t a c h m e n t : c - 9 1 3 9 2 L a g u n a L a k e R F P F i n a l + A d d e n d u m N o . 1 a n d 2 ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t c. Receive proposals 09/25/15 d. Complete proposal evaluation 10/09/15 e. Conduct finalist interviews 10/16/15 f. Finalize staff recommendation 10/21/15 g. Award contract 10/30/15 h. Execute contract 11/06/15 i. Start work 11/16/15 j. Project option review 03/15/16 k. Final project design, disposal site and financing selection 05/15/16 l. Public hearings 05/16 to 07/16 m. Final work products due 06/30/17 19. Pre-Proposal Conference. A pre-proposal conference will be held at the following location, date, and time to answer any questions that prospective proposers may have regarding this RFP: Thursday, September 10, 2015, 10:00 a.m. City Hall, Council Hearing Room 990 Palm Street San Luis Obispo, CA 93401 20. Ownership of Materials. All original drawings, plan documents and other materials prepared by or in possession of the Contractor as part of the work or services under these specifications shall become the permanent property of the City, and shall be delivered to the City upon demand. 21. Release of Reports and Information. Any reports, information, data, or other material given to, prepared by or assembled by the Contractor 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 Contractor without the prior written approval of the City. 22. Copies of Reports and Information. If the City requests additional copies of reports, drawings, specifications, or any other material in addition to what the Contractor is required to furnish in limited quantities as part of the work or services under these specifications, the Contractor shall provide such additional copies as are requested, and City shall compensate the Contractor for the costs of duplicating of such copies at the Contractor's direct expense. 23. Required Deliverable Products. The Contractor will be required to provide: a. Four (4) copies of original, color copies of the appraisal reports addressing all elements of the workscope. City staff will review any documents or materials provided by the Contractor and, where necessary, the Contractor will be required to respond to staff comments and make such changes as deemed appropriate. b. When computers have been used to produce materials submitted to the City as a part of the workscope, the Contractor must provide the corresponding computer files to the City, compatible with the following programs whenever possible unless otherwise directed by the project manager: • Adobe .pdf format Computer files must be delivered on a “flash drive”. Alternatively, files may be emailed to the City. 7.c Packet Pg. 134 At t a c h m e n t : c - 9 1 3 9 2 L a g u n a L a k e R F P F i n a l + A d d e n d u m N o . 1 a n d 2 ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t 24. Attendance at Meetings and Hearings. As part of the workscope and included in the contract price is attendance by the Contractor at up to two (2) public meetings to present and discuss its findings and recommendations. Contractor shall attend as many "working" meetings with staff as necessary in performing workscope tasks. 25. Alternative Proposals. 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. 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. Proposers 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 proposer and all subcontractors named in its proposal shall bear sole responsibility for proposal preparation errors resulting from any misstatements or omissions in the plans and 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 plans and specifications will be as determined by law, any patent ambiguity or defect shall give rise to a duty of proposer to inquire prior to proposal submittal. Failure to so inquire shall cause any such ambiguity or defect to be construed against the proposer. An ambiguity or defect shall be considered patent if it is of such a nature that the proposer, 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 proposer or subcontractors to notify City in writing of specification or plan 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 proposer to achieve the project’s objective or standard beyond the amounts provided there for 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 plans and/or specifications, or any other matter whatsoever, Contractor shall immediately notify the City in writing, and the Contractor and all subcontractors 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 contractor'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. 7.c Packet Pg. 135 At t a c h m e n t : c - 9 1 3 9 2 L a g u n a L a k e R F P F i n a l + A d d e n d u m N o . 1 a n d 2 ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t Section 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 [CONTRACTOR’S NAME IN CAPITAL LETTERS], hereinafter referred to as Contractor. W I T N E S S E T H: WHEREAS, on [date], City invited requested proposals for Laguna Lake Dredging and Sediment Management, per Specification No. 91392. WHEREAS, pursuant to said request, Contractor submitted a proposal that was accepted by City for said Laguna Lake Dredging and Sediment Management. 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 Laguna Lake Dredging and Sediment Management. 2. INCORPORATION BY REFERENCE. City Specification No. 91392 and Contractor's proposal dated [date], are hereby incorporated in and made a part of this Agreement. To the extent that there are any conflicts between the City’s specification and this Agreement and the Contractor’s proposal, the terms of the City’s specification and this Agreement shall prevail, unless specifically agreed otherwise in writing signed by both parties. 3. CITY'S OBLIGATIONS. For providing Laguna Lake Dredging and Sediment Management, as specified in this Agreement, City will pay and Contractor shall receive therefor compensation in a total sum not to exceed [$ .00 ]. 4. CONTRACTOR'S OBLIGATIONS. For and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by City, Contractor agrees with City to do everything required by this Agreement and the said specification. 5. AMENDMENTS. Any amendment, modification or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the Council or City Manager of the City. 7.c Packet Pg. 136 At t a c h m e n t : c - 9 1 3 9 2 L a g u n a L a k e R F P F i n a l + A d d e n d u m N o . 1 a n d 2 ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t 6. COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding or representation be binding upon the parties hereto. 7. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows: City Project Manager Public Works Department City of San Luis Obispo 919 Palm Street San Luis Obispo, CA 93401 Contractor Name Address 8. AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do covenant that each individual executing this agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. ATTEST: CITY OF SAN LUIS OBISPO ________________________________ By:_____________________________________ City Clerk City Manager APPROVED AS TO FORM: CONTRACTOR ________________________________ By: _____________________________________ City Attorney 7.c Packet Pg. 137 At t a c h m e n t : c - 9 1 3 9 2 L a g u n a L a k e R F P F i n a l + A d d e n d u m N o . 1 a n d 2 ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t Section E INSURANCE REQUIREMENTS Consultant Services The Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. 4. Errors and Omissions Liability insurance as appropriate to the consultant's profession. Minimum Limits of Insurance. Contractor shall maintain limits no less than: 1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability 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 Contractor 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 Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, official, employees, agents or volunteers. 2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 7.c Packet Pg. 138 At t a c h m e n t : c - 9 1 3 9 2 L a g u n a L a k e R F P F i n a l + A d d e n d u m N o . 1 a n d 2 ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t 3. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 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. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Verification of Coverage. Contractor shall furnish the City with 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. 7.c Packet Pg. 139 At t a c h m e n t : c - 9 1 3 9 2 L a g u n a L a k e R F P F i n a l + A d d e n d u m N o . 1 a n d 2 ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t PROPOSAL SUBMITTAL FORM Sample The undersigned declares that she or he has carefully examined Specification No. 91392, which is hereby made a part of this proposal; is thoroughly familiar with its contents; is authorized to represent the proposing firm; and agrees to perform the specified work for the following cost quoted in full: Description Quantity Unit Price Total TOTAL BASE PRICE Other (provide detail below) TOTAL $ Delivery of equipment to the City to be within 90 calendar days after contract execution and written authorization to proceed.  Certificate of insurance attached; insurance company’s A.M. Best rating: __________________. Firm Name and Address Contact Phone Signature of Authorized Representative Date 7.c Packet Pg. 140 At t a c h m e n t : c - 9 1 3 9 2 L a g u n a L a k e R F P F i n a l + A d d e n d u m N o . 1 a n d 2 ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t 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 7.c Packet Pg. 141 At t a c h m e n t : c - 9 1 3 9 2 L a g u n a L a k e R F P F i n a l + A d d e n d u m N o . 1 a n d 2 ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t STATEMENT OF PAST CONTRACT DISQUALIFICATIONS The proposer shall state whether it or any of its officers or employees who have a proprietary interest in it, has ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of the violation of law, a safety regulation, or for any other reason, including but not limited to financial difficulties, project delays, or disputes regarding work or product quality, and if so to explain the circumstances.  Do you have any disqualification as described in the above paragraph to declare? Yes  No   If yes, explain the circumstances. Executed on at _______________________________________ under penalty of perjury of the laws of the State of California, that the foregoing is true and correct. ______________________________________ Signature of Authorized Proposer Representative 7.c Packet Pg. 142 At t a c h m e n t : c - 9 1 3 9 2 L a g u n a L a k e R F P F i n a l + A d d e n d u m N o . 1 a n d 2 ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t City of San Luis Obispo, Public Works, 919 Palm Street, San Luis Obispo, CA, 93401-3218, 805.781.7200, slocity.org ADDENDUM DATE: September 9, 2015 RFP: Laguna Lake Dredging and Sediment Management SPECIFICATION NO. 91392 ADDENDUM NO.: 1 BID DATE: September 25, 2015, 4:00 PM NOTICE TO ALL CONSULTANTS SUBMITTING PROPOSALS: You are hereby notified of the following changes, clarifications or modifications to the Request for Proposal (RFP) documents. This addendum shall supersede the original RFP documents and prior addenda. Wherein this addendum contradicts the original RFP and previous addenda, this addendum shall take precedence. All other conditions shall remain unchanged. A. GENERAL CLARIFICATIONS: 1. Remove from Section C – Special Terms and Conditions, No. 16 Proposal Content ‐ Qualifications: The following item has been removed from the Proposal Specifications: Item i.) DEMONSTRATED CONSERVATION EASEMENT PROJECT WORK Revised Section C has been attached in its entirety. Consultants are required to base their response to the City’s Request for Proposals on any issued addenda. To do otherwise shall be at the Consultants own risk. If you have any questions contact Robert Hill at (805) 781‐7211 or David Athey at (805) 781‐7108. Sincerely, Robert Hill NATURAL RESOURCES MANAGER 7.c Packet Pg. 143 At t a c h m e n t : c - 9 1 3 9 2 L a g u n a L a k e R F P F i n a l + A d d e n d u m N o . 1 a n d 2 ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t Section C SPECIAL TERMS AND CONDITIONS 1. Contract Award. Subject to the reservations set forth in Paragraph 9 of Section B (General Terms and Conditions) of these specifications, the contract will be awarded to the lowest responsible, responsive proposer. 2. Sales Tax Reimbursement. For sales occurring within the City of San Luis Obispo, the City receives sales tax revenues. Therefore, for bids from retail firms located in the City at the time of proposal closing for which sales tax is allocated to the City, 1% of the taxable amount of the bid will be deducted from the proposal by the City in calculating and determining the lowest responsible, responsive proposer. 3. Labor Actions. In the event that the successful proposer is experiencing a labor action at the time of contract award (or if its suppliers or subcontractors are experiencing such a labor action), the City reserves the right to declare said proposer is no longer the lowest responsible, responsive proposer and to accept the next acceptable low proposal from a proposer that is not experiencing a labor action, and to declare it to be the lowest responsible, responsive proposer. 4. Failure to Accept Contract. The following will occur if the proposer to whom the award is made (Contractor) 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 proposer's bond or security is required; and an award may be made to the next lowest responsible, responsive proposer who shall fulfill every stipulation as if it were the party to whom the first award was made. 5. Contract Term. The supplies or services identified in this specification will be used by the City between February 2015 and December 2016. The prices quoted for these items must be valid for the entire period indicated above unless otherwise conditioned by the proposer in its proposal. 6. Contract Extension. The term of the contract may be extended by mutual consent for an additional one-year timeframe. 7. Supplemental Purchases. Supplemental purchases may be made from the successful proposer during the contract term in addition to the items listed in the Detail Proposal Submittal Form. For these supplemental purchases, the proposer shall not offer prices to the City in excess of the amounts offered to other similar customers for the same item. If the proposer is willing to offer the City a standard discount on all supplemental purchases from its generally prevailing or published price structure during the contract term, this offer and the amount of discount on a percentage basis should be provided with the proposal submittal. 8. Contractor Invoices. The Contractor may deliver either a monthly invoice to the City with attached copies of detail invoices as supporting detail, or in one lump-sum upon completion. 9. Non-Exclusive Contract. The City reserves the right to purchase the items listed in the Detail Proposal Submittal Form, as well as any supplemental items, from other vendors during the contract term. 7.c Packet Pg. 144 At t a c h m e n t : c - 9 1 3 9 2 L a g u n a L a k e R F P F i n a l + A d d e n d u m N o . 1 a n d 2 ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t 10. Unrestrictive Brand Names. Any manufacturer's names, trade names, brand names or catalog numbers used in the specifications are for the purpose of describing and establishing general quality levels. Such references are not intended to be restrictive. Proposals will be considered for any brand that meets or exceeds the quality of the specifications given for any item. In the event an alternate brand name is proposed, supplemental documentation shall be provided demonstrating that the alternate brand name meets or exceeds the requirements specified herein. The burden of proof as to the suitability of any proposed alternatives is upon the proposer, and the City shall be the sole judge in making this determination. 11. Delivery. Prices quoted for all supplies or equipment to be provided under the terms and conditions of this RFP package shall include delivery charges, to be delivered F.O.B. San Luis Obispo by the successful proposer and received by the City within 90 days after authorization to proceed by the City. 12. Start and Completion of Work. Work on this project shall begin immediately after contract execution and shall be completed within 90 calendar days thereafter, unless otherwise negotiated with City by mutual agreement. 13. Change in Work. The City reserves the right to change quantities of any item after contract award. If the total quantity of any changed item varies by 25% or less, there shall be no change in the agreed upon unit price for that item. Unit pricing for any quantity changes per item in excess of 25% shall be subject to negotiation with the Contractor. 14. Submittal of References. Each proposer shall submit a statement of qualifications and references on the form provided in the RFP package. 15. Statement of Contract Disqualifications. Each proposer shall submit a statement regarding any past governmental agency bidding or contract disqualifications on the form provided in the RFP package. 16. Proposal Content. Your proposal must include the following information: Submittal Forms a. Proposal submittal summary. b. Certificate of insurance. c. References from at least three firms for whom you have provided similar services. d. Professional work product example. Qualifications e. Experience of your firm in performing similar services. f. Resumes of the individuals who would be assigned to this project, including any sub-consultants. Resumes should note required licensing (see Section A, above). g. Standard hourly billing rates for the assigned staff, including any sub-consultants. h. Statement and explanation of any instances where your firm has been removed from a project or disqualified from proposing on a project. Work Program i. Description of your approach to completing the work. 7.c Packet Pg. 145 At t a c h m e n t : c - 9 1 3 9 2 L a g u n a L a k e R F P F i n a l + A d d e n d u m N o . 1 a n d 2 ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t j. Tentative schedule by phase and task for completing the work. k. Estimated hours for your staff in performing each major phase of the work, including sub-consultants. l. Services or data to be provided by the City. m. Any other information that would assist us in making this contract award decision. Proposal Length and Copies n. Proposals should include numbered pages, including identification of attachments and supplemental materials. o. Three copies of the proposal must be submitted. 17. Proposal Evaluation and Consultant Selection. Proposals will be evaluated by a review committee using a two-phase selection and contract award process as follows: Phase 1 – Written Proposal Review/Finalist Candidate Selection A group of finalist candidates (generally the top 3 to 5 five proposers) will be selected for follow-up interviews and presentations based on the following criteria as evidenced in their written proposals: a. Understanding of the work required by the City. b. Quality, clarity and responsiveness of the proposal. c. Demonstrated competence and professional qualifications necessary for successfully performing the work required by the City. d. Recent experience in successfully performing similar services. e. Proposed approach in completing the work. f. References. g. Background and experience of the specific individuals to be assigned to this project. Phase 2 – Oral Presentations/Interviews and Consultant Selection Finalist candidates will make an oral presentation to the review committee and answer questions about their proposal. The purpose of this second phase is two-fold: to clarify and resolve any outstanding questions or issues about the proposal; and to evaluate the proposer’s ability to clearly and concisely present information orally. As part of this second phase of the selection process, finalist candidates will submit proposed compensation costs for the work, including a proposed payment schedule tied to accomplishing key project milestones or tasks. After evaluating the proposals and discussing them further with the finalists or the tentatively selected contractor, the City reserves the right to further negotiate the proposed workscope and/or method and amount of compensation. 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. 18. Proposal Review and Award Schedule. The following is an outline of the anticipated schedule for proposal review and contract award: a. Issue RFP 08/24/15 7.c Packet Pg. 146 At t a c h m e n t : c - 9 1 3 9 2 L a g u n a L a k e R F P F i n a l + A d d e n d u m N o . 1 a n d 2 ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t b. Conduct pre-proposal conference 09/10/15 c. Receive proposals 09/25/15 d. Complete proposal evaluation 10/09/15 e. Conduct finalist interviews 10/16/15 f. Finalize staff recommendation 10/21/15 g. Award contract 10/30/15 h. Execute contract 11/06/15 i. Start work 11/16/15 j. Project option review 03/15/16 k. Final project design, disposal site and financing selection 05/15/16 l. Public hearings 05/16 to 07/16 m. Final work products due 06/30/17 19. Pre-Proposal Conference. A pre-proposal conference will be held at the following location, date, and time to answer any questions that prospective proposers may have regarding this RFP: Thursday, September 10, 2015, 10:00 a.m. City Hall, Council Hearing Room 990 Palm Street San Luis Obispo, CA 93401 20. Ownership of Materials. All original drawings, plan documents and other materials prepared by or in possession of the Contractor as part of the work or services under these specifications shall become the permanent property of the City, and shall be delivered to the City upon demand. 21. Release of Reports and Information. Any reports, information, data, or other material given to, prepared by or assembled by the Contractor 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 Contractor without the prior written approval of the City. 22. Copies of Reports and Information. If the City requests additional copies of reports, drawings, specifications, or any other material in addition to what the Contractor is required to furnish in limited quantities as part of the work or services under these specifications, the Contractor shall provide such additional copies as are requested, and City shall compensate the Contractor for the costs of duplicating of such copies at the Contractor's direct expense. 23. Required Deliverable Products. The Contractor will be required to provide: a. Four (4) copies of original, color copies of the appraisal reports addressing all elements of the workscope. City staff will review any documents or materials provided by the Contractor and, where necessary, the Contractor will be required to respond to staff comments and make such changes as deemed appropriate. b. When computers have been used to produce materials submitted to the City as a part of the workscope, the Contractor must provide the corresponding computer files to the City, compatible with the following programs whenever possible unless otherwise directed by the project manager:  Adobe .pdf format 7.c Packet Pg. 147 At t a c h m e n t : c - 9 1 3 9 2 L a g u n a L a k e R F P F i n a l + A d d e n d u m N o . 1 a n d 2 ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t Computer files must be delivered on a “flash drive”. Alternatively, files may be emailed to the City. 24. Attendance at Meetings and Hearings. As part of the workscope and included in the contract price is attendance by the Contractor at up to two (2) public meetings to present and discuss its findings and recommendations. Contractor shall attend as many "working" meetings with staff as necessary in performing workscope tasks. 25. Alternative Proposals. 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. 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. Proposers 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 proposer and all subcontractors named in its proposal shall bear sole responsibility for proposal preparation errors resulting from any misstatements or omissions in the plans and 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 plans and specifications will be as determined by law, any patent ambiguity or defect shall give rise to a duty of proposer to inquire prior to proposal submittal. Failure to so inquire shall cause any such ambiguity or defect to be construed against the proposer. An ambiguity or defect shall be considered patent if it is of such a nature that the proposer, 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 proposer or subcontractors to notify City in writing of specification or plan 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 proposer to achieve the project’s objective or standard beyond the amounts provided there for 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 plans and/or specifications, or any other matter whatsoever, Contractor shall immediately notify the City in writing, and the Contractor and all subcontractors 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 contractor'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. 7.c Packet Pg. 148 At t a c h m e n t : c - 9 1 3 9 2 L a g u n a L a k e R F P F i n a l + A d d e n d u m N o . 1 a n d 2 ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t City of San Luis Obispo, Public Works, 919 Palm Street, San Luis Obispo, CA, 93401-3218, 805.781.7200, slocity.org ADDENDUM DATE: September 22, 2015 RFP: Laguna Lake Dredging and Sediment Management SPECIFICATION NO. 91392 ADDENDUM NO.: 2 OPENING DATE: September 25, 2015 NOTICE TO ALL CONSULTANTS SUBMITTING PROPOSALS: You are hereby notified of the following changes, clarifications or modifications to the Request for Proposal (RFP) documents. This addendum shall supersede the original RFP documents and prior addenda. Wherein this addendum contradicts the original RFP and previous addenda, this addendum shall take precedence. All other conditions shall remain unchanged. A. GENERAL CLARIFICATIONS: 1. Question: Can the City please elaborate on the level of public outreach envisioned for this project by the consulting team? For example, does the City anticipate a public opinion survey with statistically valid results (i.e. formal execution by a PR firm, resulting in extensive City-wide data)? Or is the City anticipating a more community interactive process, such as community meetings, online surveys, etc.? Answer: The City envisions a fairly involved public outreach process consistent with our recently adopted Public Engagement and Notification (PEN) Manual at the “Collaboration” level (see: http://www.slocity.org/Home/ShowDocument?id=7369). A public opinion survey with statistically valid results is also expected; this is envisioned primarily to test support for a Community Facilities District (CFD) or similar, CFD boundaries and potential tiers, and level of “willingness to pay”. 2. Question: Per information presented at the pre-bid meeting, please confirm that the City is currently collecting comprehensive topographic/bathymetric data from the full extents of the lake basin and surrounding shoreline. Please provide approximate date that this information will be available. Answer: Yes, we are currently working to collect comprehensive topographic/ bathymetric data for the full extent of the lake basin and surroundings. We don’t have an exact date at this time, but expect to have it available about the same time as the start of work for the Laguna Lake Dredging and Sediment Management phase I project. 3. Question: If the City decides to pursue formation of a CFD, do you (the City) anticipate managing the process yourself with support from the team, or shall comprehensive CFD formation and implementation tasks be included in the proposal? Answer: The City would certainly want to be involved with the CFD formation process, but will need a high degree of support from the team, especially with respect to the engineer’s report, resolutions of intent / formation, etc. If the CFD is successful, the need for ongoing administration, underwriting, bond counsel etc. would be anticipated over the long-term beyond the duration of the subject RFP scope of work. 7.c Packet Pg. 149 At t a c h m e n t : c - 9 1 3 9 2 L a g u n a L a k e R F P F i n a l + A d d e n d u m N o . 1 a n d 2 ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t 4. Question: Can the City provide information from the previous sediment removal episodes (dates, volumes, etc.), as mentioned during the pre-bid meeting? Answer: Yes, this information is available in Appendix E, Table 2, Page 15 of the Laguna Lake Natural Reserve Conservation Plan (see: http://www.slocity.org/home/showdocument?id=4771). Please note that these figures are for the Prefumo Arm inlet only; sediment hasn’t been removed from the main body of the lake itself since the Southeast Arm was excavated in the early 1960s. 5. Question: Please confirm that the proposal shall include an estimation of man-hours for each task, but that a final cost agreement will be negotiated with the winning team. Answer: Our preference would be to understand the winning team’s expected total compensation, but yes, the way the RFP is set up we can negotiate a final cost agreement based on the final agreed scope of work. 6. Question: Please confirm that we can rearrange and/or add tasks to those enumerated in Section A.2? Answer: Yes, we are willing to consider alternative approaches to the scope of work. 7. Question: Please confirm that a total of four (4) hard copies of the proposal package are required, including examples of previous and related work products? Answer: Yes, please provide four (4) hard copies of the complete package, as well as digital format. 8. Question: Please confirm or correct the address to be used for shipment of the proposal if via Federal Express. Answer: Bob Hill or David Athey Public Works Department City of San Luis Obispo 919 Palm Street San Luis Obispo, CA 93401 (805) 781-7211 or 781-7108 9. Question: Regarding the RFP enclosed form “Proposal Submittal Form,” are we required to complete the table reporting total base price? The proposal will include hours per task, and billing rates as requested. Answer: The City will accept alternative forms reporting total base price. Consultants are required to base their response to the City’s Request for Proposals on any issued addenda. To do otherwise shall be at the Consultants own risk. If you have any questions contact Robert Hill at (805) 781‐7211 or David Athey at (805) 781‐7108. Sincerely, Robert Hill NATURAL RESOURCES MANAGER 7.c Packet Pg. 150 At t a c h m e n t : c - 9 1 3 9 2 L a g u n a L a k e R F P F i n a l + A d d e n d u m N o . 1 a n d 2 ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t Laguna Lake Dredging and Sediment Management – MNS Engineers Agreement Page 1 of 23 AGREEMENT THIS AGREEMENT is made and entered into in the City of San Luis Obispo on December___,2015 by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, herein after referred to as City, and MNS ENGINEERS, INC., hereinafter referred to as Consultant. W I T N E S S E T H WHEREAS, on August 18, 2015, City requested proposals for Laguna Lake Dredging and Sediment Management per Specification No. 91392. 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 and Completion of Work. Work on this project shall begin within 10 calendar days after contract execution and shall be completed by June 30, 2017. 3. 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 c ompletion 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 makin g a finding as to the causes of same. 4. 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 com pletion 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. 7.d Packet Pg. 151 At t a c h m e n t : d - M N S A g r e e m e n t a n d S c o p e o f W o r k ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t A w a r d ) Laguna Lake Dredging and Sediment Management – MNS Engineers Agreement Page 2 of 23 The City also reserves the right to terminate the contract for convenience, providing a 30 (thirty) calendar day notice, at any time upon a determination by the Director that termination of the contract is in the best interest of the City. In this case the Consultant will be paid compensation due and payable to the date of termination. 5. 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. 6. 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. 7. 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. 8. 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, sha ll 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. 9. Record Retention and Audit. For the purpose of determining compliance with vari ous laws and regulations as well as performance of the contract, the Consultant and sub-consultants shall maintain all books, 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 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. For Federally funded projects, access to records shall also include authorized representatives of the State and Federal government. Copies shall be furnished if requested. 10. 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 will 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. 11. 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 actual ly performed; to deduct from the contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration. 12. 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 f ide 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 7.d Packet Pg. 152 At t a c h m e n t : d - M N S A g r e e m e n t a n d S c o p e o f W o r k ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t A w a r d ) Laguna Lake Dredging and Sediment Management – MNS Engineers Agreement Page 3 of 23 consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee. 13. 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. 14. Payment of Taxes. The contract prices shall include full compensation for all taxes that the Consultant is required to pay. 15. 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 building and regulatory permit application fees. Consultant will provide a 10 day notice for the City to issue a check. 16. Safety Provisions. The Consultant shall conform to the rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Safety. 17. 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. 18. 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. 19. 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. 20. 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. 21. 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 s pecifications, 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. 7.d Packet Pg. 153 At t a c h m e n t : d - M N S A g r e e m e n t a n d S c o p e o f W o r k ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t A w a r d ) Laguna Lake Dredging and Sediment Management – MNS Engineers Agreement Page 4 of 23 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 b y 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 amb iguity in the plans or specifications concerning the dispute. 22. Indemnification for Professional Liability. To the fullest extent permitted by law, the Consultant shall indemnify, and hold harmless the City and any and all of its officials, and employees (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs and expenses, including reasonable attorney’s fees and cost which arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 23. Non-Exclusive Contract. The City reserves the right to contract for the services listed in this proposal from other consultants during the contract term. 24. Standards. Documents shall conform to City Standards and City furnished templates shall be used. 25. Consultant Endorsement. Technical reports, plans and specifications shall be stamped and signed by the Consultant where required. 26. Required Deliverable Products and Revisions. The Consultant will be required to provide documents addressing all elements of the workscope. Plans shall be prepared using City’s standardized title blocks and coversheets. Draft plans may be submitted for review using either the full D (24x36) format or a reduced 11x17 format. Consultant shall ensure that drawings and notes are clearly legible if using the reduced format. Specifications and bid documents shall conform to standard City formats unless authorized. The City’s current Standard Specifications and Engineering Standards must be incorporated where applicable. 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. 2 copies of the draft preliminary reports, technical studies and 50% plans and estimate 1 copy of the final preliminary reports, technical studies plus markups 2 copies of the 90% plans, specifications and estimate plus 50% markups 1 copy of the 100% plans, specifications and estimate plus 90% markups 1 copy of the final plans, specifications and estimates plus 100% markups Draft reports and plan submittals shall be submitted as paper copies. 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 format including all original stamps and signatures In the event the City will be compiling the final specifications, incorporating the Consultant’s work, the final specifications will also be required to be submitted in Microsoft Word format. In the event the City will be completing the Record Drawings, the final plans will also be required to be submitted in AutoCAD Electronic files shall be submitted on CD and all files must be compatible with the Microsoft operating system. Each CD must be clearly labeled and have a printed copy of the directory. Files may be emailed to the City in lieu of putting them on CD. 27. 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. 7.d Packet Pg. 154 At t a c h m e n t : d - M N S A g r e e m e n t a n d S c o p e o f W o r k ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t A w a r d ) Laguna Lake Dredging and Sediment Management – MNS Engineers Agreement Page 5 of 23 It is understood and agreed that all calculations, drawings and specifications, whether in hard copy or machine readable form, are intended for one-time use in the construction of the project for which this contract has been entered into. 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, liabilit ies, 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. 28. 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 it em 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. 29. 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. 30. Attendance at Meetings And Hearings. As part of the workscope and included in the contract price is attendance by the Consultant at public meetings to present and discuss its findings and recommendations. Consultant shall attend as many "working" meetings with staff as necessary in performing workscope tasks. 31. Requests for Review. The Consultant shall respond to all requests for submittal review or contractor RFI’s within two weeks of receipt of the information from the City. 32. Consultant Invoices. The Consultant shall deliver a monthly invoice to the City, itemized by project work phase or, in the case of on-call contracts, by project title. Invoice must include a breakdown of hours billed and miscellaneous charges and any sub-consultant invoices, similarly broken down, as supporting detail. 33. Payment. For providing services as specified in this Agreement, City will pay and Consultant shall receive therefore compensation in a total sum not to exceed $445,000. Should the Consultant’s designs, drawings or specifications contain errors or deficiencies, the Consultant shall be requi red to correct them at no increase in cost to the City. Progress payments shall be made on a monthly basis as invoiced by the Consultant for expenses incurred on each task, not to exceed the budget by task per Exhibit A. For Scope of Work tasks 1.ii., 1.iv., 1.v., and 1.vi., which total $99,761, cumulative monthly payments shall not exceed: $ 84,797 (85%) Prior to submittal of 50% documents; and $ 94,773 (95%) Prior to submittal of final documents; and $ 99,761 (100%) Prior to completion of construction or as noted below The 5% retention until completion of construction shall be released upon completion of design if the City fails to authorize the advertising for construction within 6 months following the acceptance of a complete final subm ittal by the Consultant. For on-call services, the City will pay and the Consultant shall receive compensation as agreed to on a project by project basis. 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 7.d Packet Pg. 155 At t a c h m e n t : d - M N S A g r e e m e n t a n d S c o p e o f W o r k ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t A w a r d ) Laguna Lake Dredging and Sediment Management – MNS Engineers Agreement Page 6 of 23 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. 34. 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 materials, supplies, equipment or services provided by the Consultant (Net 30). 35. 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. 36. Agreement Parties. City: Katie Lichtig, City Manager City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Consultant: James A. Salvito, CEO MNS Engineers, Inc. 201 N. Calle Cesar Chavez, Ste. 300 Santa Barbara, CA 93103 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. 37. Incorporation by Reference. City Request for Proposal Specification No. 91392 and Consultant's proposal dated September 25, 2015, are hereby incorporated in and made a part of this Agreement. 38. 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. 39. 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. 40. Complete Agreement. This written agreem ent, 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 s hall 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. 7.d Packet Pg. 156 At t a c h m e n t : d - M N S A g r e e m e n t a n d S c o p e o f W o r k ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t A w a r d ) Laguna Lake Dredging and Sediment Management – MNS Engineers Agreement Page 7 of 23 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: ___________________________________ MNS Engineers, Inc. By: ___________________________________ Katie Lichtig, City Manager James A. Salvito Its: President & CEO APPROVED AS TO FORM: ___________________________________ Christine Dietrick, City Attorney 7.d Packet Pg. 157 At t a c h m e n t : d - M N S A g r e e m e n t a n d S c o p e o f W o r k ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t A w a r d ) Laguna Lake Dredging and Sediment Management – MNS Engineers Agreement Page 8 of 23 Exhibit A Laguna Lake Dredging and Sediment Management Project Workscope PHASE I. Baseline Information, Project Design Options, Project Cost Estimates, Project Financing Options Task 1.i.: Collect and analyze existing lake information including but not limited to bathymetry, topography, watersheds, and sedimentation rates and depths. A detailed survey of the lake and surrounding shoreline will be needed in order to study, quantify and design the dredging parameters for the project. City supplied or available public domain topographic mapping will be used for reviewing the Laguna Lake watersheds and existing shoreline. Supplement current topographic information within the lake shoreline either by traditional survey methods (if dry) or by bathymetric methods (if full/partially full). These points will include spot elevations on culverts, bridges and locations of concern, such as high points, confluents or other identified critical features wit hin the path of the water flow. Provide a detailed survey of the Prefumo Arm, in order to study and/or design an ongoing sedimentation control effort along this arm. Sedimentation rates and depths can be quantified and analyzed based upon the historical su rveys and imagery collected and maintained by the City through the years. A model of anticipated future sedimentation accumulation based on rational assumptions will be prepared to determine a sediment management strategy that considers cost - benefit analysis and prioritization of work. Budget: $40,742 Task 1.ii.: Provide three dredging project options of varying sizes and depths, to be developed in consultation with City, for City Council and community consideration. Three options will be developed with the City considering this goal as well as other goals for restoring and enhancing the lake. Public input received by the City will be examined and evaluated with City staff in determining the three options to be studied. Overall cost-benefit analysis will also be considered in each of the three options. JND will provide input on methods and costs for the options and methods considered. The dredging and / or use of portions of the Prefumo Arm as a sedimentation basin will be performed separately. Leighton will review existing geotechnical and environmental studies to synthesize and summarize the current understanding of geotechnical and environmental conditions in Laguna Lake. The data summary (to be presented in a technical project memorandum) will describe the sources of existing site sediment, conditions, sediment characterization, sedimentation rate, and baseline conditions for any recommended additional field studies. A two - day site reconnaissance and geological assessment of these areas will be performe d. Leighton will provide geotechnical and environmental input to the design team to assess the best available dredging methods. Budget: $27,280 (subject to withholding, per Agreement paragraph 33) Task 1.iii.: Identify potential beneficial sediment re-use sites within ten miles of the project. Provide potential haul routes. MNS will review with the City the feasibility of using any portion of Laguna Lake Park for this purpose. 7.d Packet Pg. 158 At t a c h m e n t : d - M N S A g r e e m e n t a n d S c o p e o f W o r k ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t A w a r d ) Laguna Lake Dredging and Sediment Management – MNS Engineers Agreement Page 9 of 23 The proposed geotechnical work includes chemical and agricultural analysis of the soils to assist in determining acceptable and legal re-use options. Leighton will provide geotechnical and environmental input to the design team to evaluate both sediment reuse and disposal options. Farm and development re-use options for sediment will be considered. The default disposal option is landfill disposal (typically for daily cover use), which will be explored as well. Haul routes will be considered for traffic, pedestrian, bicycle, and other impacts, with appropriate recommendations made. Budget: $16,723 Task 1.iv.: Provide estimated dredging project costs based on disposal of material in Laguna Lake Park or adjacent property and offsite locations within 10 miles of the lake. Dredging project costs will be determined and presented in a useful, graphical format to facilitate the decision process. These options will consider the dry excavation and hydraulic dredging costs to account for either eventuality. Additionally, variations in dewater, haul, and disposal costs as a function of dredged volum e will be considered, so each of the three options may be fine-tuned to meet budget goals. A similar approach will be used for mechanical excavation options. Budget: $13,610 (subject to withholding, per Agreement paragraph 33) Task 1.v.: Provide an excavation alternative design and estimated costs for a project that assumes dry lakebed conditions. MNS will provide this alternative including project costs. Budget: $21,875 (subject to withholding, per Agreement paragraph 33) Task 1.vii.(a): Include time for a minimum of two City Council hearings in the proposed budget. MNS will support City staff in preparation of hearing materials and presentations for City Council meeting No 1. Budget: $3,633 Task 2.i.: Review the existing lake sediment borings. Leighton will perform this work, with an additional scope and cost item that is detailed under Phase II as necessary to complete the design of the selected project option. Budget: $2,875 Task 2.ii.: Prepare a hydrology study that evaluates surface hydrology, hydrogeology, drainage basin management, and water quality as it pertains to the lake and surroundings, as well as how the selected project option may affect these parameters. Using the existing mapping provided by the City, a basic hydrograph for each of the three drainage basins and their flows into the lake will be prepared. These will be correlated to recorded sedimentation inflow rates as documented by the City. Correlations to major storm ev ents will be noted. This exercise will be useful to model historic sedimentation rates and project future sedimentation rates. This review will be performed during Phase I and recommendations will be included in the technical memorandum summarizing existing baseline data Evaluation of dredging operations for permitting includes necessary testing to evaluate dredging decanted water; this requires additional sampling and analysis. 7.d Packet Pg. 159 At t a c h m e n t : d - M N S A g r e e m e n t a n d S c o p e o f W o r k ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t A w a r d ) Laguna Lake Dredging and Sediment Management – MNS Engineers Agreement Page 10 of 23 Budget: $37,304 Task 2.iii.: Analyze sedimentation and nutrient loading rates f or each watershed. Provide recommendations for decreasing sediment and nutrient loading including the use of sediment basins and other best management practices. Sediment loading rates will be estimated as described in Tasks 2.i and 2.ii. Nutrient loading rates will be determined based on core samples taken at three watershed term ination points at the lake as part of the geotechnical effort. Leighton will collect two water samples from each drainage to characterize the sediment and nutrient loading. One sample from each drainage will be collected during low flow conditions and then during high flow (or storm event) conditions. These samples will be analyzed for water chemistry, organics, and total dissolved solids. Leighton will provide this information to MNS to be included in their hydrology and drainage studies. Additionally, based upon the results of testing and other existing studies, Leighton will provide technical input and recommendations for decreasing the sediment and nutrient loading of the lake. Leighton will provide geologic, geotechnical, and environmental input for sediment management and preventive dredging maintenance alternatives to evaluate and reduce sediment accumulation in Laguna Lake. Budget: $2,635 Task 2.iv.: Provide a biological survey that details the existing aquatic species of the lake that may be affected by a dredging/excavation project. The scope of work for a biological resources assessment consists of data procurement, literature and database reviews, field surveys, and report preparation that will include a summary of our findings upon completion of the survey efforts. The objectives of the resultant biological report is to support analysis of impacts and development of avoidance, minimization, and mitigation measures in accord ance with the CEQA, as well as to present effects determinations and facilitate Section 7 Consultations with and issuance of Biological Opinions (BOs) from the US Fish and Wildlife Service (USFWS) and National Marine Fisheries Service (NMFS) in accordance with the Federal Endangered Species Act (ESA). Data Procurement. Obtain and evaluate baseline data (e.g., aerial photograph, topographic quadrangle, soil survey). Literature and Database Reviews. Review and evaluate background information regarding biologi cal resources in the vicinity of the project (e.g., primary literature, Rincon project files, resource agency guidelines, and technical reports). Review the official online species list from the USFWS identifying federally listed, proposed, or candidate species that may potentially occur, or be affected by projects, in the vicinity of the project. Review the California Department of Fish and Wildlife (CDFW) Rare Find [otherwise known as the California Natural Diversity Data Base (CNDDB)] for reported occurrences of special status species within approximately five miles of the project site. In addition to the aforementioned database reviews, Rincon will review the California Native Plant Society Inventory of Rare and Endangered Plants of California for reported occurrences of special status plant species within the project vicinity. Field Survey. Rincon will conduct a reconnaissance -level biological survey to evaluate the site’s existing conditions, and the site’s potential to support special status species an d vegetation communities. Terrestrial and aquatic habitat types present onsite and their suitability to support special status species will be documented. Rincon will also characterize and map the habitat types and vegetation communities present and docume nt all plants and animals observed on the project site. Reporting. Rincon will prepare a report describing the methods and results of the biological resources assessment, including a figure depicting terrestrial vegetation communities, habitat types, and o ther biological features observed 7.d Packet Pg. 160 At t a c h m e n t : d - M N S A g r e e m e n t a n d S c o p e o f W o r k ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t A w a r d ) Laguna Lake Dredging and Sediment Management – MNS Engineers Agreement Page 11 of 23 during the field reconnaissance survey. The intent of this report is to assist with future project design and/or mitigation planning efforts. A draft report will be submitted to the City for review and comment. Following C ity review, the report will be finalized and up to two (2) final copies and an electronic copy in Portable Document File (PDF) format of the report will be delivered. Cultural Resources Evaluation: Rincon understands the project will require a Section 404 Permit in accordance with the Clean Water Act; therefore, the project is under the jurisdiction of the US Army Corps of Engineers (USACE) and will be required to comply with Section 106 of the National Historic Preservation Act (Section 106). Rincon’s cultural resources study will be completed in accordance with Section 106 and CEQA. Area of Potential Effects Map. Rincon will prepare an Area of Potential Effects (APE) map that delineates both an area of direct impacts (e.g., all areas of project ground dist urbance including staging areas) and area of indirect effects (e.g., visual effects). For the purposes of this scope and cost, Rincon assumes the direct and indirect APEs will not extend beyond the Laguna Lake Natural Reserve property. Cultural Resources Records Search. Rincon will conduct a California Historical Resources Information System (CHRIS) records search of the project APE and a 0.5-mile radius around the APE at the Central Coastal Information Center (CCIC) located at University of California, Santa Barbara. The primary purpose of the records search is to identify any previously recorded cultural resources known to exist within or near the APE. In addition to the archaeological inventory records and reports, an examination will be made of historic maps, the National Register of Historic Places (NRHP), California Register of Historical Resources (CRHR), the California Historical Resources Inventory, and the listing of California Historical Landmarks. The records search will also reveal the nature and extent of any cultural resources work previously conducted within the APE and adjacent vicinity. A map showing the results of the literature search including areas previously inventoried and previously recorded sites will be provided. Rincon assumes that CCIC will conduct this records search within a maximum direct expense of $500. Section 106 Consultation. Rincon will request a records search of the Sacred Lands File (SLF) from the Native American Heritage Commission (NAHC). The SLF search will indicate w hether cultural resources important to Native Americans are present within the vicinity of the APE. The NAHC will also provide a contact list of Native American contacts for the project that they believe should be contacted for additional information. Rinc on will prepare and mail a letter to each of the NAHC-listed contacts, requesting they contact us if there is any know Native American cultural resources within or immediately adjacent to the project area. Rincon will follow -up with each contact by telephone. As many as two telephone calls will be made to each of the contacts to document “good-faith” efforts to follow-up and the results will be documented in a table. Rincon will also contact individuals and/or organizations who may have knowledge of, or con cerns with, historic properties in the area. Consultation will include inquiries to local governments and local historic groups regarding their knowledge of historic properties in the immediate vicinity of the APE. As many as two telephone calls will be made to each of the groups to document “good-faith” efforts to follow-up. Field Survey. Upon completion of the CCIC records search, Rincon will conduct a Phase I pedestrian survey of the project APE. A Rincon cultural resources specialist will conduct the survey using transects spaced at maximum intervals of 10-15 meters with transect accuracy maintained through use of a hand -held global positioning system (GPS) unit. For the purposes of this proposal and cost estimate, Rincon assumes the survey will not iden tify any archaeological resources that require recordation or updating. Should any archaeological resources be identified during the survey, the budget will need to be augmented to record or update the resources. No subsurface testing will be conducted, nor will any artifacts, samples, or specimens be collected during the survey. Deliverable. Cultural Resources Technical Study Report. Rincon will prepare a technical report documenting the results of the cultural resources analysis, as well as provide manage ment recommendations for cultural resources within or near the project APE. The report will be prepared following the California Office of Historic Preservation’s Archaeological Resource Management Reports (ARMR): Recommended Contents and Format, and will include a historic context, methods and impacts considerations. The report will include figures depicting the area surveyed and studied for cultural resources. The DPR forms will be included as an appendix. Draft copies of the report 7.d Packet Pg. 161 At t a c h m e n t : d - M N S A g r e e m e n t a n d S c o p e o f W o r k ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t A w a r d ) Laguna Lake Dredging and Sediment Management – MNS Engineers Agreement Page 12 of 23 (digital PDF) will be submitted to the lead agency for review and approval. Rincon assumes two rounds of comments from the local and federal lead agencies will be necessary. Once reviewed, digital copies of the final report will be prepared and submitted. Assumptions: •Rincon assumes the CCIC will conduct this records search within a maximum direct expense of $500. •Rincon assumes the survey will not identify any archaeological resources that require recordation or updating. Should any additional cultural resources be identified during the survey, the budget will need to be augmented to record or update the resources. No subsurface testing will be conducted, nor will any artifacts, samples, or specimens be collected during the survey. •Rincon assumes the project APE will include the reserve property and no surrounding parcels will be included in the indirect APE. Note that although the RFP indicates the study is to be within the boundaries of the lake, Rincon feels it essential to include the reserve area, as there will be areas r equired for dewatering and sediment handling. Regulatory Permitting Assistance: Jurisdictional Delineation. Rincon will conduct a jurisdictional delineation of waters of the US and State of California, including wetlands, at the proposed project site using the most current guidance provided by the regulatory/resource agencies. Wetlands will be classified, documented, and mapped in general accordance with Corps of Engineers Wetlands Delineation Manual (1987) and Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region (2008a). The Ordinary High Water Mark (OHWM) of San Luis Obispo Creek and any other drainages will be delineated in general accordance with the methods prescribed in A Field Guide to the Identification of the Or dinary High Water Mark (OHWM) in the Arid West Region of the Western United States (2008b) and Updated Datasheet for the Identification of the Ordinary High Water Mark (OHWM) in the Arid West Region of the Western United States (2010). Rincon will delineat e the boundaries of jurisdictional features and the results of the delineations will be incorporated into a stand -alone report that will be suitable as an attachment to the permit applications for project preparation. In the essence of efficiency, Rincon will conduct the delineation field work in conjunction with the field survey associated with Biological Resources Assessment task. Deliverable. Rincon will submit the draft jurisdictional delineation report to the City for review and comment. Following City review, the report will be finalized and up to two (2) final copies and an electronic copy in PDF format of the report will be delivered. Agency Coordination. Rincon will informally consult with the USACE, RWQCB, CDFW, USFWS, and NMFS as necessary and appropriate, to confirm the type of permits and permit requirements for the project. Much of this communication will take place during preparation of the environmental document. Upon finalization and adoption of the IS-MND (or certification of the EIR), Rincon will inform responsible and trustee agency staff and convey any changes in the project description. In particular, Rincon will confirm the permit process and requirements of the City-approved project with agency staff. The majority of this agency comm unication will be accomplished through email, telephone calls, and conference calls; however, Rincon has scoped for a total of up to two (2) meetings with agency and/or City staff, if any such meetings are requested or advisable. Rincon will inform and con fer with City staff and the project team throughout this process through regular progress reports and updates. Deliverable. Rincon will prepare and submit to City staff all meeting minutes and emails that summarize substantive meetings and/or conversations with all agency staff throughout the permitting process. Respond to Agency Comments. While it is Rincon’s intention to provide complete permit applications/notifications to the agencies, one or more agencies may deem them incomplete. It is assumed agency staff will require additional information or clarification, such that agency coordination will be ongoing post -submittal and resubmittals may be necessary. Upon receipt of any comments on completeness of the permit applications/notifications, Rincon will prepare for City review and then submit responses and/or resubmittals to agency staff. It is assumed that all supplemental information provided will be sufficient to have the applications/notifications deemed complete, such 7.d Packet Pg. 162 At t a c h m e n t : d - M N S A g r e e m e n t a n d S c o p e o f W o r k ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t A w a r d ) Laguna Lake Dredging and Sediment Management – MNS Engineers Agreement Page 13 of 23 that a third submittal will not be required. Upon the determination of permit applications/notifications completeness, Rincon will coordinate with agency staff on the timing for issuance of the permits. Rincon’s participation at up to a total of two (2) meetings is assumed in this subtask . Additional meeting and/or hearing attendance will be completed by Rincon’s staff on a time and expense basis. Deliverable. Rincon will provide two (2) copies to the City of written response to comments in a cohesive letter or spreadsheet format. Budget: $8,895 Task 3.i.: Facilitate two property owner and two stakeholder outreach meetings to gather information and gain input on the options for dredging/excavating lake sediments.: Terrain will facilitate this task. Terrain will begin by making use of a ‘Situation Assessment’ to develop a plan of action that is thoughtful, sequenced, structured and adaptable to community values. This assessment will evaluate the current situation through individual interviews with community leaders, elected officials, and sen ior level agency management to structure an effective process that is inclusive, solution-oriented, community-focused, and relevant to the unique challenges this project faces. •Residents and resident groups •Businesses and business organizations •Elected officials and decision makers •Minority and underrepresented groups •Educational institutions Terrain will create a set of recommendations pertaining to how best to achieve the desired outcomes of these public meetings. Within this assessment, there will b e an understanding of all of the factors, both technical and logistical, that make up the need for public outreach and interaction. Such factors may be: •Client requirements •Project issues and timing •Prior public input •Inter-agency dynamics •Existing/future public opposition/support Recommendations that come from this exercise will frame the public meeting activities that should be implemented specifically for this project as it relates to the needs and concerns of the community. Budget: $13,963 Task 3.ii. Conduct a public opinion survey regarding lake dredging/exaction, the costs involved, and whether there is voter support for establishing a benefit assessment district, Community Facilities District, or other special funding district. In order to provide a comprehensive analysis of this issue, it is of fundamental importance to appreciate the two potentially viable types of revenue measures that can be placed before voters or property owners: •Parcel tax 7.d Packet Pg. 163 At t a c h m e n t : d - M N S A g r e e m e n t a n d S c o p e o f W o r k ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t A w a r d ) Laguna Lake Dredging and Sediment Management – MNS Engineers Agreement Page 14 of 23 •Benefit assessment •General purpose or specific sales tax •General obligation bond There are benefits and challenges associated with each funding mechanism and subsequent voting process. Terrain's approach addresses these issues and seeks to identify the most advantageous path to success. Rather than arbitrarily select one financial mechanism (parcel tax or benefit assessment), Terrain recommends structuring the methodology for the Baseline Survey so that all options can be evaluated. Accordingly, Terrain recommends using their proprietary, overlapping sampling methodology of voters and property owners that draws upon information in the voter file, assessor’s file, and our prior experience. The scope of services Terrain proposes to perform for the City encompasses all tasks needed to complet e the study and includes many tasks that are unique to their proven approach. These services include: •Meet with the client to thoroughly discuss the research objectives and methodology for the study, as well as discuss potential challenges, concerns, and issues that may surround the study. •Conduct an initial voter file and property-base analysis which will play an important role in understanding the ‘political landscapes’ for a special tax and a Proposition 218 benefit assessment. This task will shape how the sample will be selected. •Using Terrain's proven sampling methodology that draws information from the voter file, assessors file, property - base analysis, and past election outcomes, develop a stratified and clustered sample that will —through separate modeled simulations—produce results for both parcel tax and benefit assessment scenarios. •Develop a draft questionnaire for the client’s review and make revisions as needed until all parties approve of the instrument. •Pre-test the survey instrument to ensure its integrity. •Computer Assisted Telephone Interviewing (CATI) program the finalized survey instrument to ensure accurate and reliable data collection using live telephone interviewers. •Collect quality telephone interviews according to the sampling plan and a strict interviewing protocol. Interviewers will be professional, high quality interviewers. Terrain has prepared cost estimates for sample sizes of 500 respondents. •Process the data, which includes conducting validity checks, cleaning, recoding , coding open-end responses, and adjusting for strategic oversampling (if used) through a statistical procedure known as ‘weighting.’ •Analyze the survey results and conduct modeled simulations to reliably estimate election outcomes using different financing mechanisms. •Prepare a thorough report on the findings, including a detailed question-by-question analysis, description of the methodology, an executive summary of the key findings and conclusions/recommendations, as well as a comprehensive set of cross-tabulations showing how the answers varied by subgroups of respondents. The report will include extensive full-color graphics displaying the findings, as well as insightful narrative discussion of the results, their implications, and Terrain's recommended next steps. •Prepare an electronic copy of the Final Report to allow the City to reproduce the report as needed. •Prepare a PowerPoint presentation of the results. 7.d Packet Pg. 164 At t a c h m e n t : d - M N S A g r e e m e n t a n d S c o p e o f W o r k ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t A w a r d ) Laguna Lake Dredging and Sediment Management – MNS Engineers Agreement Page 15 of 23 Methodology: Length of Survey. Terrain recommends a survey length of 15 minutes that will achieve the City's goals without being so lengthy that too many respondents will opt out of the survey mid -call. This helps deliver the broadest scope of information within the study. Sample Data and Fielding the Poll. Terrain will develop a sample of poten tial survey respondents that reflects the makeup of voters who will participate in the variety of elections we identify for the study. This data set is the basis for a sampling plan that will mirror the demographics of your voters. Terrain will NOT, to the greatest extent possible, “skew” the polling data after we are out of the field. As the interview data is being collected, Terrain will pull the demographics out of the sample so as to not over or under represent individual voter populations. Additionally, Terrain WILL NOT use Random Digit Dialing (RRD) and WILL NOT ask individuals to self -identify as voters/parcel owners in a particular election, but rather call individual votes/parcel owners within our sample. Terrain asks for a voter/parcel owner by name and only seeks a response from them. For example, Terrain will ask for Jane Doe, an identified registered voter/parcel within the City of San Luis Obispo likely to participate in the targeted election/s. If she is not available, we move onto the next cal l. This ensures Terrain knows with the greatest level of confidence who they are speaking with and what their underlying voter demographic are for accurate data collection. Budget: $32,706 Task 3.iii.: Based on the outcome of the public opinion survey, provide an evaluation and detail report of financing options for City consideration. The consultant will present project options to the City Council for review. Based on the recommended institutional structure and results of the public opinion survey, Water C onsultancy will identify potential financing and funding mechanisms that may be utilized for the Laguna Lake Dredging and Sediment Management Project. It is important that the financing and funding plan consider the immediate restoration activities but als o future ongoing maintenance requirements. Funding sources must be sustainable and supportable over the project life. Because the available financing and funding options are limited by the institutional structure utilized to implement the project, Water Co nsultancy will identify the options available to the institutional alternatives under consideration. Potential financing options will include potential grant or low interest loan programs as well as general obligation, assessment, or tax increment bonds. F unding options will include the City’s general fund, property taxes, and formation of benefit assessment districts. The results of this evaluation will be summarized in a draft report and submitted to the City for review. After incorporating City comments a final report will be submitted. Budget: $22,080 TOTAL PHASE I BUDGET: $244,321 Council Hearing No. 1 – Project Selection PHASE II. Complete Project Design, Environmental Document and Project Permitting, Pursue Financing Task 1.vi(a).: Upon project option selection, provide project dredging/excavation design plans and specifications suitable for permitting. Leighton will provide geotechnical engineering input for plans and specifications. JND will provide constructability review and will also support construction cost development. MNS will prepare plans and specifications customized for dredging work. Of special concern is quantity measurement and final dredge configuration verification. Intermediate and final surveys are recommended to verify and confirm the desired dredge result and to validate quantity goals and payment. This generally includes both survey of the water body and stockpile areas to validate truckload counts and other forms of quantity accounting. Budget: $18,498 (subject to withholding, per Agreement paragraph 33) 7.d Packet Pg. 165 At t a c h m e n t : d - M N S A g r e e m e n t a n d S c o p e o f W o r k ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t A w a r d ) Laguna Lake Dredging and Sediment Management – MNS Engineers Agreement Page 16 of 23 Additional geotechnical work needed for final design: The Following Cores are needed and will be provided to assure adequate design: Budget: $53,544 Task 1.vii.(b): Include time for a minimum of two City Council hearings in the proposed budget. MNS will support City staff in preparation of hearing materials and presentations for City Council meeting No 2. Budget: $3,632 Task 2.vi. Prepare a project-specific initial study and appropriate environmental document. The City assumes, for the purposes of RFP costs, a Mitigated Negative Declaration will be required. An alternate cost proposal will be provided in the event the initial study concludes an EIR is required. Task 2.vii. Prepare and complete environmental permitting applications and complete the permitting process with the US Army Corps of Engineers, CA Fish & Wildlife, Regional Water Quality Control Board, NOAA Fisheries, and any other pertinent regulatory agencies. Include time for external meetings with agency personnel in the budget. For items 2.vi. and 2.vii., the scope was prepared with the assistance of RPS (subsidiary of UPC). The project will be under the jurisdiction of the City as lead agency for review and approval of the environmental review for the project. Due to the nature of the project, several issues are anticipated to require involvement of various state and federal agencies in their respective permitting proces ses. Issue areas are anticipated to include biological, water quality, geologic resources, recreation, traffic, and land use. 7.d Packet Pg. 166 At t a c h m e n t : d - M N S A g r e e m e n t a n d S c o p e o f W o r k ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t A w a r d ) Laguna Lake Dredging and Sediment Management – MNS Engineers Agreement Page 17 of 23 The following public agencies are responsible agencies and require consideration and/or coordination with respect to this project: Permitting Process: Pursuant to Government Code §53090, the City may qualify as a local agency exempt from permit requirements from the County. It is anticipated the environmental review will eventually consist of the development of a CEQA compliant MND . This recommendation is tentative and dependent on the final product generated by engineering. The following areas will be assessed in the document: •Air Quality. Prepare an CalEEMod analysis of NOx emissions and vehicular pollutants to verify conformance with the regional attainment plan and federal/state greenhouse gas emission standards. •Biological Resources. To be prepared by the biological resource consultant as part of the team. Initial Study will assess the biological studies performed for the site including adherence to the federal and state Endangered Species Acts, jurisdictional delineations. Analysis of potential downstream impacts to aquatic habitat. •Traffic. To be prepared by the traffic engineer as part of the team. Construction traffic impact will be assessed and mitigation developed as to minimize said impacts to the public. •Hydrology. To be prepared by the team's civil engineer to assess impacts to water quality. •Geologic. To be prepared by soil engineer. Sediment generation and loading will be assessed as well as an exploration into suitable export sites. Environmental Document Preparation: RPS will thoroughly review all consultant materials and investigate the site in order to provide the necessary background to prepare the Initial Study. During this time period, RPS will also initiate contacts with applicable federal and state agencies to begin consultations. Initial Study: RPS will prepare the Initial Study fulfilling the following tasks: •Work with the project design team and the City, prepare the project description for evaluation. •Thoroughly investigate the existing site to develop an effective baseline for the environmental setting. It is this setting that impacts will be assessed. •Review and assess all pertinent studies, reports, and plans for impact analysis. 7.d Packet Pg. 167 At t a c h m e n t : d - M N S A g r e e m e n t a n d S c o p e o f W o r k ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t A w a r d ) Laguna Lake Dredging and Sediment Management – MNS Engineers Agreement Page 18 of 23 •Develop mitigation to minimize anticipated impacts. Local thresholds of significance will be used to identify potentially significant impacts. •Promptly complete the Initial Study and submit to City for review and comme nt prior to public comment. MND •Assist the City in developing proper noticing protocols in accordance with existing City procedures. •Submit environmental document to Clearinghouse for State review. •Serve as Environmental Hearing Officer for one environmental hearing to solicit public input, if requested by City.. •Develop response to comments and revise MND as warranted based on public input. •Represent environmental document to decision maker. •Process and obtain the necessary NOD to complete documentation. Environmental Impact Report: Since the City is the lead agency, it is anticipated sufficient environmental review will result in an MND. In the unlikely event the project is either taken to court and a judge requires an EIR or a stat e agency requires an EIR, RPS will provide the following services: •Develop EIR scope of work. •Administer a scoping hearing for the public to address potential issues. •Working with the design team, RPS will serve as project manager for the development of the EIR ensuring all areas of analysis are thorough and defensible. •Assist in preparing pertinent sections of technical analysis of the EIR by environmental consultants (biological, hydrology, geology, etc.). •Prepare and write the following portions of the EIR: ––Executive summary ––Project description ––Environmental setting ––Summary of environmental impacts ––Aesthetics ––Land use ––Recreation ––Policy consistency ––Not significant impact areas of analysis ––CEQA discussions ––Alternative analysis ––Response to comments 7.d Packet Pg. 168 At t a c h m e n t : d - M N S A g r e e m e n t a n d S c o p e o f W o r k ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t A w a r d ) Laguna Lake Dredging and Sediment Management – MNS Engineers Agreement Page 19 of 23 •Assist the City in developing the noticing protocols per the City’s noticing procedures. •Submit the EIR to Clearinghouse for state review. •Advise or serve as the Environmental Hearing Officer for the environmental hearing , if requested by City. •Develop response to comments and revise the EIR. •Represent the EIR to the decision maker for approval. •Process and obtain necessary NOD. 404/401/1600 Permitting: Upon certification of the environmental document and approval of the project by the Cit y, applications will then be submitted to the USACE and the RWQCB for Section 404 and Section 401 permits respectively. It is anticipated the USACE will exert jurisdictional authority over the site and initiate Section 7 consultation under the provisions of the Endangered Species Act during the 404 permitting process if warranted. Prior to application submittal, a pre-consultation meeting will be scheduled with the responsible agencies. A site visit will accompany the meeting. Input as to the permit path is sues will be identified so as to be incorporated in the permit applications. It is anticipated the studies prepared for the environmental document process will also be used for the 404/401 process. RPS will prepare the following materials in support of the applications: •404 Permit application to the USACE •401 Permit application to the RWQCB •1600 Streambed Alteration Agreement with the CDFW •Determination of biologically equivalent or superior preservation RPA will provide consultation services to the agencies and serve as the lead consultant working in tandem with the project team to procure the necessary approvals. Should a Section 7 consultation be enacted by the USACE, RPS will proactively engage USFWS/NOAA Fisheries/CDFW for a timely B.O. to finalize the permit. Budget: $80,303 Task 3.iv.: Pursue financing options (add-on option if public financing, e.g. CFD with bond counsel, underwriting, elections, etc.) based on the City’s chosen public financing option in Phase I. Water Consultancy will assist the other members of the project team in pursuing the City -selected financing option. The specific option that is chosen will likely require supporting documentation, such as information and analyses to be included in official statements or other supporting information, interaction with bond counsel and financial advisors, and responses to City questions. Budget: $24,840 TOTAL PHASE II BUDGET: $180,817 Council Hearing No. 2 – Adopt Environmental Document, Authorize Financing [Grant application(s) and / or Resolution of Intent and Enhanced Public Relations (if public financing is pursued)] PHASE III. Additional Steps Necessary to Pursue Financing Option (all Phase III tasks not to proceed without Council authorization) 7.d Packet Pg. 169 At t a c h m e n t : d - M N S A g r e e m e n t a n d S c o p e o f W o r k ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t A w a r d ) Laguna Lake Dredging and Sediment Management – MNS Engineers Agreement Page 20 of 23 Task 3.v. Provide written materials such as an engineer’s report and other documentation supporting the establishment of a special district. Water Consultancy will provide the written materials to support the activities of the financing team. These materials may include written information for official statements or public outreach, Engineer’s Reports for assessment financing, or assistance with special district formation. Because the specific level of effort is difficult to determine at this time, no budgetary estimate is provided at this time. Budget: TBD Task 3.vi.: Include time for at least one City Council hearing in the budget. In this subtask, Water Consultancy will attend one City Council hearing to consider the project financing plan. A brief presentation will be prepared and delivered at the request of City staff. Budget: TBD Task 3.vii: Additional, Enhanced Public Relations Scope, including enhanced research and outreach.: Phase I: Project Due Diligence & Research Tasks: 1. Due Diligence – upfront information gathering with client and team to assist in the development work products for conducting Stakeholder interviews and subsequent public opinion research. a. One in person meeting b. Follow-up information gathering, research, and product development 2. Stakeholder Interviews a. 6 to 12 Interview in San Luis Obispo (locations TBD) from each of the following areas: i. Council – select member/s ii. Planning Commission – select member/s iii. State and/or Fed Elected Officials iv. Parks & Recreation/Users v. Environmental Organization/s vi. Education (local schools) vii. Non-Profit viii. Service Clubs (Rotary, Lions, etc.) ix. Community VIP’s/Influencers x. Home Owners xi. Other client recommended 3. Public Opinion Research a. Survey Instrument Drafting – assume 2 in person meetings i. Assemble all info from Tasks 1 and 2 ii. Develop scope of research based on information collected iii. Define issue areas and potential questions iv. Draft survey instrument for client approval (do we need to take this to city council?) v. Field Survey 4. Project Deliverables a. Final Report including: i. Finding from stakeholder interviews ii. Findings from public opinion research iii. Recommended next steps – Public Outreach Plan (may include depending on findings) 1. Community Outreach a. Public Meetings b. Presentations to Business, Service Organizations, Community Groups, Etc. c. Strategic Partnerships 2. Earned Media (Print, Radio, TV) a. Press Releases b. Opinion Editorial & Letters-to-the-Editor c. Place Stories 3. Outreach Materials a. Print, Radio, TV 7.d Packet Pg. 170 At t a c h m e n t : d - M N S A g r e e m e n t a n d S c o p e o f W o r k ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t A w a r d ) Laguna Lake Dredging and Sediment Management – MNS Engineers Agreement Page 21 of 23 4. Electronic Media a. Website b. Social Media c. SEO & Advertising b. Initial Project Messaging and Information i. Provide recommended public information for: 1. Webpage to city’s website 2. Collateral materials (one page leave behind, presentations, earned media, etc.) 3. Other client needs TBD Budget: TBD City Council Hearing No. 3 – Resolution of Formation (if public financing is pursued) PHASE IV. Final Steps Leading to “Shovel Ready” Status Task 1.vi(b).: Upon final project option selection (as determined by available financing), provide project dredging/excavation design plans, specifications, and estimates suitable for contractor bid packages. Leighton will provide geotechnical engineering input for plans and specifications (bid package su pport). JND will provide constructability review and will also support construction cost development. MNS will prepare plans and specifications customized for dredging work. Of special concern is quantity measurement and final dredge configuration verification. Intermediate and final surveys are recommended to verify and confirm the desired dredge result and to validate quantity goals and payment. This generally includes both survey of the water body and stockpile areas to validate truckload counts and oth er forms of quantity accounting. Budget: $18,498 (subject to withholding, per Agreement paragraph 33) City Council Meetings – 2017-19 Financial Plan Process; Authorize RFP for construction (City staff only) Task 1.viii.: Assistance with project construction advertisement and award. MNS will assist City with scoping its project construction Request for Proposals process and review. Budget: $1,364 TOTAL PHASE IV BUDGET: $22,737 TOTAL PROJECT BUDGET: $445,000 7.d Packet Pg. 171 At t a c h m e n t : d - M N S A g r e e m e n t a n d S c o p e o f W o r k ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t A w a r d ) Laguna Lake Dredging and Sediment Management – MNS Engineers Agreement Page 22 of 23 Exhibit B Laguna Lake Dredging and Sediment Management Insurance Requirements The Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees or subcontractors. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001), or equivalent. 2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto), or equivalent. 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 f orm 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 C ontractor 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, and volunteers are to be covered as additional 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 off icers, official, employees, 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, and volunteers. Any insurance or self -insurance maintained by the City, its officers, officials, employees, 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 sui t is brought, except with respect to the limits of the insurer's liability. 4. Each insurance policy shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by mail has been given to the City. 7.d Packet Pg. 172 At t a c h m e n t : d - M N S A g r e e m e n t a n d S c o p e o f W o r k ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t A w a r d ) Laguna Lake Dredging and Sediment Management – MNS Engineers Agreement Page 23 of 23 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. 7.d Packet Pg. 173 At t a c h m e n t : d - M N S A g r e e m e n t a n d S c o p e o f W o r k ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t A w a r d ) &$ 3 , 7 $ /  , 0 3 5 2 9 ( 0 ( 1 7  3 / $1  ± & 2 0 0 8 1 , 7 <  ' ( 9 ( / 2 3 0 ( 1 7 /$ * 8 1 $  / $ . (  ' 5 ( ' * , 1 *  $ 1 '  6 ( ' , 0 ( 1 7  0 $ 1 $ * ( 0 ( 1 7 Pr o j e c t D e s c r i p t i o n 7K H  / D J X Q D  / D N H  ' U H G J L Q J  D Q G  6 H G L P H Q W  0 D Q D J H P H Q W  S U R M H F W  Z L O O  S UR Y L G H  R Q H  R I  W K H  N H \  L P S O H P H Q W D W L R Q  V W H S V F R Q W H P S O D W H G  E \ W K H  & L W\&RXQFLODGRSWHG La g u n a L a k e N a t u r a l R e s e r v e C o n s e r v a t i o n P l a n   7 K H  I L U V W  S K D V H  R I  W K L V  S U R M H F W  Z L O O  F R V W           L Q  \ H D U V     D Q G  Z L O O  S U R Y L G H  W K H  Q H F H V V D U \  F R Q G L W L R Q V  SU H F H G H Q W  W R W K H  S U R M H F W   W R  L Q F O X G H  X S G D W H G  V W X G L H V   S U R M H F W  G H VL J Q V  D Q G  H Q J L Q H H U L Q J   S U R M H F W  V S H F L I L F D W L R Q V  G L V S R V D O  V L W H  O D Q G W H Q X U H  U H J X O D W R U \  D J H Q F \  S H U P L W V   DQ G  D Q  X S G D W H G  S U R M H F W  V S H F L I L F  H Q Y L U R Q P H Q W D O  G R F X P H Q W  D V  Z H O O  DV G H W D L O H G  H Y D O X D W L R Q   I H D V L E L O L W \  W H V W V   D Q G  L Q L W L D W L R Q  R I  D  & RP P X Q L W \  ) D F L O L W L H V  ' L V W U L F W  R U  V L P L O D U  IL Q D Q F L Q J  P H F K D Q L V P  7 K H  I L U V W  S K D V H  D O V R E H J L Q V  W R  V H W  D V L G H  I X Q GL Q J  I R U  L P S O H P H Q W D W L R Q  R Q F H  D O O  R I  W K H  F R Q G L W L R Q V  S U H F H G H Q W  W R EHJLQQLQJDSK\VLFDOGUHGJLQJ SU R M H F W  D U H  L Q  S O D F H   D V  G H V F U L E H G  D E R Y H    7 K H  V H F R Q G  S K D V H  L Q L WL D W H V  W K H  S K \ V L F D O  G U H G J L Q J  S U R M H F W  D Q G  L Q V W D O O D W L R Q  R I  D  V H G L PH Q W  E D V L Q  L Q  \ H D U    Z L W K  W K H  H [ S H F W D W L R Q  WK D W  W K H  H I I R U W V  X Q G H U W D N H Q  G X U L Q J  W K L V  ) L Q D Q F L D O  3 O D Q  S H U L R G  Z LO O  U H V X O W  L Q  D  ³ V K R Y H O  U H D G \ ´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e e d a n d U r g e n c y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¶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¶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¶V DG R S W L R Q  R I  W K H  La g u n a L a k e N a t u r a l R e s e r v e C o n s e r v a t i o n P l a n ³ / / 1 5 & 3 ´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e Packet Pg. 174 At t a c h m e n t : e - L a g u n a L a k e C I P 1 5 - 1 7 ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t A w a r d ) &$ 3 , 7 $ /  , 0 3 5 2 9 ( 0 ( 1 7  3 / $1  ± & 2 0 0 8 1 , 7 <  ' ( 9 ( / 2 3 0 ( 1 7 /$ * 8 1 $  / $ . (  ' 5 ( ' * , 1 *  $ 1 '  6 ( ' , 0 ( 1 7  0 $ 1 $ * ( 0 ( 1 7 Re a d i n e s s t o B u i l d  6 W X G \  F R P S O H W H   E X W  D G G L W L R Q D O  V W X G L H V  Q H F H V V D U \   ( T X L S P H Q W  S X U F K D V H G  R U   Q  D   3 U R S H U W \  R Z Q H G  R U  S U R S H U W \  D J U H H P H Q W  L Q  S O D F H   E X W  O D Q G  W H Q X U H I R U  D  G L V S R V D O  V L W H  L V  Q R W  L Q  S O D F H   (Q Y L U R Q P H Q W D O  D S S U R Y D O  D Q G  S H U P L W V  F R P S O H W H  R U Q D 6S H F L I L F D W L R Q V  R U  F R Q V W U X F W L R Q  G R F X P H Q W V  F R P S O H W H  Q  D  ,7  6 W H H U L Q J  & R P P L W W H H  U H Y L H Z  Q D En v i r o n m e n t a l R e v i e w a n d P e r m i t s R e q u i r e d  ( Q Y L U R Q P H Q W D O  5 H Y L H Z  %X L O G L Q J  3 H U P L W Q D :D W H U Z D \  3 H U P L W V  ) L V K   : L O G O L I H   : D W H U  4 X D O L W \   $ U P \  & R U S V  Q D 5D L O U R D G Q D 2W K H U  1 2 $ $  ) L V K H U L H V  D Q G  8 6 ) : 6  % L R O R J L F D O  2 S L Q L R Q  Q D Op e r a t i n g P r o g r a m N u m b e r a n d T i t l e :      ±  1 D W X U D O  5 H V R X U F H V Pr o j e c t P h a s i n g a n d F u n d i n g S o u r c e s 1H Z  6 S H F L I L F D W L R Q  1 R         In i t i a l P r o j e c t C o s t s b y P h a s e %X G J H W  W R  ' D W H                                    7 R W D O 6W X G \               (Q Y L U R Q P H Q W D O    3 H U P L W               /D Q G  $ F T X L V L W L R Q               6L W H  3 U H S D U D W L R Q  'H V L J Q    6 S H F L I L F D W L R Q V                 &R Q V W U X F W L R Q                 &R Q V W U X F W L R Q  0 D Q D J H P H Q W (T X L S P H Q W  $ F T X L V L W L R Q  To t a l $ 0 $ 4 5 0 , 0 0 0 $ 0 $ 0 $ 0 $ 0 $ 4 5 0 , 0 0 0 7.e Packet Pg. 175 At t a c h m e n t : e - L a g u n a L a k e C I P 1 5 - 1 7 ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t A w a r d ) &$ 3 , 7 $ /  , 0 3 5 2 9 ( 0 ( 1 7  3 / $1  ±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³ V W D I I L Q J  X S ´  W R  K D Q G O H  W K H V H  W D V N V  Z LW K  & L W \  V W D I I   , W  L V  H [ S H F W H G  W K D W  G H W D L O H G  F R V W  H V W L P D W H V  I R U S K D V H  , ,  R I  W K H  S U R M H F W  Z L O O  E H  D P R Q J  W K H  SU R G X F W V  R I  S K D V H  ,     'H W D L O  R I  R Q J R L Q J  F R V W V  D Q G  D O W H U Q D W L Y H V  W R  R Q J R L Q J  F R V W V  L Q F O X GL Q J  U H W X U Q  R Q  L Q Y H V W P H Q W  L Q I R U P D W L R Q    2Q J R L Q J  F R V W V  G X U L Q J  S K D V H  ,  F R Q V L V W  R I P L Q R U  V W D I I  W L P H  V X S S R U W HG  W K U R X J K  H [ L V W L Q J  R S H U D W L Q J  S U R J U D P  E X G J H W V   W R  S U H S D U H  D Q G  R YHUVHHFRQVXOWDQWFRQWUDFWV2QFH WK H  S U R M H F W  L V  F R P S O H W H   L W  L V  H [ S H F W H G  W K D W  R Q J R L Q J  F R V W V  Z L O O  F R Q V L V W  R I  S H U L R G L F  V W X G L H V  W R  P R Q L W R U  U H V X O W V  D Q G  F K D Q J H V   E X W W K H U H  Z L O O  E H  Q R  R Q J R L Q J  R S H U D W L R Q D O  FR V W V  D V V R F L D W H G  Z L W K  W K H  S U R M H F W      $Q W L F L S D W H G  ) D F L O L W \  / L I H  6 S D Q    ,W  L V  D Q W L F L S D W H G  W K D W  W K H  G U H G J L Q J  S U R M H F W  Z L O O  E H  O R Q J  O D V W L Q J       \ H D U V   H V S H F L D O O \  Z K H Q  F R P E L Q H G  Z L W K  W K H  V H G L P H Q W  P D Q DJ H P H Q W  V W U D W H J L H V  F R Q W H P S O D W H G  E \  WK L V  & , 3  D Q G  W K H  / / 1 5 & 3    ' H F D G D O  E D W K \ P H W U L F  V X U Y H \ V  Z L O O  E H  F RP S O H W H G  W R  D V V H V V  R Q J R L Q J  U D W H V R I  V H G L P H Q W D W L R Q  D Q G  W R  L Q I R U P  WKHQHHGIRURQJRLQJ PD L Q W H Q D Q F H  Q H H G V  D Q G  I U H T X H Q F \    %X G J H W  W R  ' D W H                                    7 R W D O *H Q H U D O  ) X Q G         (Q W H U S U L V H  ) X Q G *U D Q W &) '  ' H E W  ) L Q D Q F L Q J 'H Y H O R S H U  & R Q W U L E X W L R Q  To t a l $ 0 $ 4 5 0 , 0 0 0 $ 0 N / A N / A N / A $ 4 5 0 , 0 0 0 Pr o j e c t F u n d i n g b y S o u r c e 7.e Packet Pg. 176 At t a c h m e n t : e - L a g u n a L a k e C I P 1 5 - 1 7 ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t A w a r d ) &$ 3 , 7 $ /  , 0 3 5 2 9 ( 0 ( 1 7  3 / $1  ± & 2 0 0 8 1 , 7 <  ' ( 9 ( / 2 3 0 ( 1 7 /$ * 8 1 $  / $ . (  ' 5 ( ' * , 1 *  $ 1 '  6 ( ' , 0 ( 1 7  0 $ 1 $ * ( 0 ( 1 7 Re d u c e d / E n h a n c e d P r o j e c t A l t e r n a t i v e s $O W H U Q D W H S U R M H F W  L V  I H D V L E O H  R U  D G Y D Q W D J H R X V  ±  & R V W  R I  D O W H U Q D W LY H S U R M H F W   3U R M H F W  F D Q  E H  S K D V H G  ±  1 X P E H U  R I  \ H D U V  I R U  S K D V L Q J    7 K H  S U R M H FW  L V  D Q W L F L S D W H G  W R  E H  S K D V H G  R Y H U  W K H  F R X U V H  R I     \ H D U V    Pr o j e c t T e a m As s i g n m e n t P r o g r a m E s t i m a t e d H o u r s 3U R M H F W  3 U R S R Q H Q W 1 D W X U D O  5 H V R X U F H V      3U R M H F W  0 D Q D J H U & , 3  ( Q J L Q H H U L Q J  ± ' H V L J Q     7H F K Q L F D O  6 W X G L H V 1 D W X U D O  5 H V R X U F H V    (Q Y L U R Q P H Q W D O  & O H D U D Q F H & R P P X Q L W \  ' H Y H O R S P H Q W    &R Q W U D F W  0 D Q D J H P H Q W & , 3  ( Q J L Q H H U L Q J  ± $ G P L Q L V W U D W L R Q    &R Q V W U X F W L R Q  0 D Q D J H P H Q W & , 3  ( Q J L Q H H U L Q J  ± & R Q V W U X F W L R Q    7.e Packet Pg. 177 At t a c h m e n t : e - L a g u n a L a k e C I P 1 5 - 1 7 ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t A w a r d ) OTHER IMPORTANT COUNCIL OBJECTIVES LAGUNA LAKE RESTORATION OBJECTIVE Initiate implementation of the Laguna Lake Natural Reserve Conservation Plan. BACKGROUND The 344-acre Laguna Lake Natural Reserve is a place of exceptional beauty, blending a rich ecosystem with spectacular views and recreational opportunities. The City has adopted the Laguna Lake Natural Reserve Conservation Plan (“LLNRCP”) to guide future management of the Reserve by offering a framework for conservation, restoration, recovery, and scenic recreational use. Laguna Lake is primarily a naturally occurring lake, although it has also been substantially altered and manipulated resulting in sedimentation rates into the lake that have been significant over time. Recent bathymetric surveys indicate dramatic changes in lake depth and morphology resulting in decreased water quality and aquatic habitat functions, as well as diminished aesthetic and recreational values associated with the lake. Accordingly, one of the primary recommendations of the LLNRCP is to implement dredging and sediment management strategies: “The option of dredging portions of the lake is also accommodated by the framework laid out in this plan, when coupled with erosion and sedimentation strategies… in order to make such a project both more feasible from a regulatory standpoint and more sustainable over the long-term” (p. 5). OUTCOME—FINAL WORK PRODUCT The work products for the Laguna Lake Restoration project during the 2015-17 Financial Plan period will address the key beginning steps contemplated by the LLNRCP. The Implementation section of the LLNRCP (p. 34) describes four main project components for years 1-3. An additional task pursuant to the Fiscal Statement section of the LLNRCP (p.34-35) is a detailed evaluation, feasibility tests, and the initiation of a Community Facilities District or similar financing mechanism(s). Given that the 2015-17 Financial Plan period is two years and that the initial implementation phase of the LLNRCP is three years, it is expected that the first two components (trail signs and accessible paths) will be completed within the Financial Plan period, while also beginning to set aside funding for project implementation. The second two components (sediment basins and begin dredging) will have all of the necessary conditions precedent to beginning the physical stages of these projects completed so that they are “shovel ready” at the beginning of year three during the 2017-19 Financial Plan period. The preliminary tasks to be completed during the upcoming two-year period include updated soil samples and water quality studies, project design and engineering, project specifications, disposal site land tenure, regulatory agency permits, and an updated project-specific environmental document. Following the 2015-17 Financial Plan period, a second phase that initiates the physical dredging project and installation of sediment basins, as well as an additional, final phase, are anticipated in subsequent CIP cycles. These projects will complete the Laguna Lake Restoration project over a total of 10 years. LLNRCP Implementation Components (3 years) Final Work Product at End of Financial Plan (2 years) 1.Install new, updated signage at trailheads and along trails Completed 2.Install accessible paths Completed 3.Install sediment basins “Shovel Ready” 4.Begin a dredging project “Shovel Ready” 5.Initiate financing mechanism(s)“Shovel Ready” C-38 7.f Packet Pg. 178 At t a c h m e n t : f - L a g u n a L a k e O I O W o r k P l a n f r o m 1 5 - 1 7 B u d g e t ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t A w a r d ) OTHER IMPORTANT COUNCIL OBJECTIVES LAGUNA LAKE RESTORATION ACTION PLAN Install new, updated signage at trailheads and along trails Date 1.Complete site-specific design 2.Complete requisition signs and attendant materials 3.Installation of updated signs at trailheads and along trails June 2016 Sept 2016 Dec 2016 Install accessible paths Date 1.Complete Site-specific design and project specifications 2.Issue Request for Proposals (RFP) and Contractor selection 3.Installation of accessible path along lake front Dec 2016 Feb 2017 June 2017 Install sediment basins Date 1.Issue Request for Proposals (RFP) for Design / Engineering consultant 2.Complete Site-specific designs and project specifications 3.Complete Project permitting and environmental document July 2015 March 2016 June 2017 Begin a dredging project Date 1.Issue Request for Proposals (RFP) for Design / Engineering consultant 2.Site-specific designs and project specifications completed 3.Soil samples and water quality tests 4.Evaluate disposal site options and secure land tenure agreements, if necessary 5.Final project design selection with City Council 6.Project permitting and environmental document completed July 2015 March 2016 March 2016 May 2016 June 2016 June 2017 C-39 7.f Packet Pg. 179 At t a c h m e n t : f - L a g u n a L a k e O I O W o r k P l a n f r o m 1 5 - 1 7 B u d g e t ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t A w a r d ) OTHER IMPORTANT COUNCIL OBJECTIVES LAGUNA LAKE RESTORATION RESPONSIBLE DEPARTMENT The Natural Resources Program in City Administration will serve as the lead responsible department with the support from Public Works, Parks and Recreation, Finance and IT, and the City Attorney’s Office. FINANCIAL AND STAFF RESOURCES REQUIRED TO ACHIEVE THE OBJECTIVE Three separate Capital Improvement Plan (CIP) projects have been prepared in order to facilitate the Action Plan for the Laguna Lake Restoration objective in 2015-17. The trailhead signs for Laguna Lake Natural Reserve are supported by a portion of the Open Space Enhancement and Maintenance CIP, while the ADA paths and Dredging and Sediment Management components are both supported by project-specific CIPs. Overall, the Laguna Lake Restoration objective in 2015-17 is largely consultant driven, and existing staff resources within the departments listed above are expected to be sufficient to oversee and coordinate these various work efforts. Cost Summary 2015-16 2016-17 2015-162016-17 Open Space Enhancement and Maintenance CIP * Laguna Lake ADA Paths CIP 250,000 Laguna Lake Dredging and Sediment Mgt CIP 450,000 Total$0$0$700,000$0 Operating ProgramsCapital Improvement Plan Evaluate Project Financing Options and Mechanisms Date 1.Issue Request for Proposals (RFP) for economic / municipal finance and public opinion research consultant(s) 2.Evaluate financing options and feasibility 3.Conduct study session with City Council on financing options and feasibility 4.Conduct focused public workshops and community outreach 5.Final selection of preferred financing option(s) by City Council and resolution of intention as appropriate and legally required. 6.Public Hearing with City Council to create financing mechanism and adopt resolution of formation as appropriate and legally required. 7.Conduct registered voter election consolidated with general election, if needed. 8.If step 7 is successful, proceed with any and all action necessary to fund sediment basin and dredging project implementation in 2017-19. July 2015 January 2016 Feb 2016 April 2016 May 2016 July 2016 Nov 2016 Feb 2017 C-40 7.f Packet Pg. 180 At t a c h m e n t : f - L a g u n a L a k e O I O W o r k P l a n f r o m 1 5 - 1 7 B u d g e t ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t A w a r d ) OTHER IMPORTANT COUNCIL OBJECTIVES LAGUNA LAKE RESTORATION Funding Sources 2015-162016-172015-162016-17 General Fund - Open Space Enhancement & Maint. CIP 2015-17* Parkland Development Fee Fund - Laguna Lake ADA Paths CIP 2015-17250,000 General Fund - Laguna Lake Dredging & Sediment Mgt CIP 2015-17450,000 Total $0$0$700,000$0 *A $10,000 portion of the CIP found in the Open Space Preservation Major City Goal also supports this work program  Operating ProgramsCapital Improvement Plan C-41 7.f Packet Pg. 181 At t a c h m e n t : f - L a g u n a L a k e O I O W o r k P l a n f r o m 1 5 - 1 7 B u d g e t ( 1 2 2 7 : L a g u n a L a k e D r e d g i n g a n d S e d i m e n t M a n a g e m e n t C o n t r a c t A w a r d ) Page intentionally left blank.