16-0419_PLACEWORKS_Agenda Report_F16TO :
FROM:
City of San Juan Capistrano
Agenda Report
Honorable Mayor and Members of the City Council
;:1ft{, Siegel, City Manager ~ /
4/19/2016
F16
SUBMITTED BY: Joel Rojas, Development Services D ~r
Mathew Evans, Contract Planner ~
April19, 2016
PREPARED BY:
DATE :
SUBJECT: Consideration of a Professional Services Agreement with
Placeworks for the Preparation of an Initial Study (IS) and
subsequent environmental documents, as necessary, pursuant to
the California Environmental Quality Act (CEQA) for the Proposed
Hotel Capistrano by Kimpton (David Wood, Stratus Development
Partners)
RECOMMENDATION:
By motion, approve a Professional Services Agreement with Placeworks for the
preparation of an Initial Study (IS) and subsequent environmental documents, as
necessary, pursuant to the California Environmental Quality Act (CEQA) for the
proposed Hotel Capistrano by Kimpton project at a cost not to exceed $37,750, to be
funded by the applicant.
EXECUTIVE SUMMARY:
Pursuant to the City's Purchasing Procedures and Policies, City staff has solicited and
received proposals from environmental consulting firms for the preparation of an Initial
Study (IS) for the Hotel Capistrano by Kimpton project. The Initial Study (IS) is required
for the new project. The cost of the preparation of the Initial Study will be funded by the
project applicant, David Wood, Stratus Development Partners (Applicant). Staff
recommends that the City Council approve a Professional Services Agreement with
Placeworks for the comp~tion of this work (Attachment 1 ).
City Council Agenda Report
April19, 2016
Page 2 of 3
DISCUSSION/ANALYSIS :
The Hotel Capistrano by Kimpton Inn is a proposal for a new hotel to include 102 rooms,
a restaurant, banquet facilities, swimming pool and fitness center located at 31878
Camino Capistrano (Assessor Parcel Numbers 124-160-51, 52 & 37).
On March 11, 2016, staff sent a Request for Proposals (RFP) to its list of qualified firms
and posted the scope of work requirements on the City's website. The RFP provided
the general framework for the consulting firms' proposals (Attachment 2). In response
to the RFP, the City received proposals from four (4) firms:
Placeworks:
LSA Associates, Inc.:
Environmental Intelligence Inc.:
Circlepoint:
$37,750.00
$19,860.00
$31,484.80
$16,930.00
Staff evaluated the proposals and conducted a review of each firms' project manager to
evaluate each firms' qualifications, experience, and capability consistent with the
·requirements of State law. As a result of the proposal review and a phone interview,
staff determined that Placeworks was the most qualified firm to conduct this work.
Placeworks emerged as the most qualified based on their understanding of the scope of
work required for the Initial Study, as they were also the firm that prepared the original
Mitigated Negative Declaration for the Urban Village project. Staff then shared the
recommendations with the applicant, and the applicant agreed that Placeworks was the
most qualified firm and had a good understanding and knowledge of the project.
FISCAL IMPACT:
The entire California Environmental Quality Act (CEQA) work performed under this
Professional Services Agreement will be solely funded by the project Applicant. Should
the City Council approve the agreement, the Applicant will be required to deposit the
entire contract amount prior to the City issuing a Notice to Proceed to the consultant.
ENVIRONMENTAL IMPACT:
Not applicable. The action is not a project under State CEQA Guidelines § 15378(a)
because it has no potential to result in either a direct physical change in the
environment, or a reasonably foreseeable indirect physical change in the
environment. Further, the action is exempt from CEQA under the commonsense
exemption in State CEQA Guidelines section 15061 (b), which exempts any activity for
which it can be seen with certainty that there is no possibility of a significant effect on
the environment.
City Council Agenda Report
April 19, 2016
Page 3 of 3
PRIOR CITY COUNCIL REVIEW:
November 2014 review and approval of a Mitigated Negative Declaration for the Urban
Village project.
COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS :
Not applicable .
NOTIFICATION :
Stratus Development Partners, applicant
Placeworks
LSA Associates, Inc.
Environmental Intelligence Inc.
Circlepoint
ATTACHMENT(S):
Attachment 1 -Professional Services Agreement with Placeworks
Attachment 2 -Request for Proposals (RFP) for Preparation of an Initial Study for the
Hotel Capistrano by Kimpton
CITY OF SAN JUAN CAPISTRANO
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of , 2016 by and
between the City of San Juan Capistrano, a municipal corporation organized and operating
under the laws of the State of California with its principal place of business at 32400 Paseo
Adelanto, San Juan Capistrano, CA 92675 ("City"), and PlaceWorks, a California Corporation
with its principal place of business at 3 MacArthur Place, Suite 1100, Santa Ana, CA 92707
(hereinafter referred to as "Consultant"). City and Consultant are sometimes individually
referred to as "Party" and collectively as "Parties" in this Agreement.
RECITALS
A. City is a public agency of the State of California and is in need of professional
services for the following project:
Preparation of an environmental document for Hotel Capistrano by Kimpton Inn project
(hereinafter referred to as "the Project").
B. Consultant is duly licensed and has the necessary qualifications to provide such
services.
C. The Parties desire by this Agreement to establish the terms for City to retain
Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Services.
Consultant shall provide the City with the services described in the Scope of Services
attached hereto as Exhibit "A."
2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in
accordance with the Schedule of Charges set forth in Exhibit "B."
b. In no event shall the total amount paid for services rendered by
Consultant under this Agreement exceed the sum of $37.750. This amount is to cover all
printing and related costs, and the City will not pay any additional fees for printing expenses.
Periodic payments shall be made within 30 days of receipt of an invoice which includes a
detailed description of the work performed. Payments to Consultant for work performed will be
made on a monthly billing basis.
3. Additional Work.
If changes in the work seem merited by Consultant or the City, and informal
consultations with the other party indicate that a change is warranted, it shall be processed in
the following manner: a letter outlining the changes shall be forwarded to the City by Consultant
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ATTACHMENT 1
with a statement of estimated changes in fee or time schedule. An amendment to this
Agreement shall be prepared by the City and executed by both Parties before performance of
such services, or the City will not be required to pay for the changes in the scope of work. Such
amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
4. Maintenance of Records.
Books, documents, papers, accounting records, and other evidence pertaining to costs
incurred shall be maintained by Consultant and made available at all reasonable times during
the contract period and for four (4) years from the date of final payment under the contract for
inspection by City.
5. Time of Performance.
Consultant shall perform its services in a prompt and timely manner and shall
commence performance upon receipt of written notice from the City to proceed ("Notice to
Proceed"). Consultant shall complete the services required in accordance with the project
schedule set forth in Exhibit C attached and incorporated herein. The Notice to Proceed shall
set forth the date of commencement of work.
6. Delays in Perfo rm ance.
a. Neither City nor Consultant shall be considered in default of this Agreement for
delays in performance caused by circumstances beyond the reasonable control of the non-
performing party. For purposes of this Agreement, such circumstances include but are not
limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and
other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances;
sabotage or judicial restraint.
b. Should such circumstances occur , the non-performing party shall, within a
reasonable time of being prevented from performing, give written notice to the other party
describing the circumstances preventing continued performance and the efforts being made to
resume performance of this Agreement.
7. Compl iance with Law .
a. Consultant shall comply with all applicable laws, ordinances, codes and
regulations of the federal, state and local government, including Cai/OSHA requirements .
b. If required, Consultant shall assist the City, as requested, in obtaining and
maintaining all permits required of Consultant by federal, state and local regulatory agencies.
c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of
hazardous and toxic substances spilled as a result of his or her services or operations
performed under this Agreement.
8 . Standard of Care
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61147.01000\24715722.1
Consultant's services will be performed in accordance with generally accepted
professional practices and principles and in a manner consistent with the level of care and skill
ordinarily exercised by members of the profession currently practicing under similar conditions.
9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or
interest in this Agreement without the written consent of the City, which may be withheld for any
reason. Any attempt to so assign or so transfer without such consent shall be void and without
legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a
provision making them subject to all provisions stipulated in this Agreement. Nothing contained
herein shall prevent Consultant from employing independent associates, and subconsultants as
Consultant may deem appropriate to assist in the performance of services hereunder.
10. Independe nt Consultant
Consultant is retained as an independent contractor and is not an employee of City. No
employee or agent of Consultant shall become an employee of City. The work to be performed
shall be in accordance with the work described in this Agreement, subject to such directions and
amendments from City as herein provided.
11. Insurance. Consultant shall not commence work for the City until it has provided
evidence satisfactory to the City it has secured all insurance required under this section. In
addition, Consultant shall not allow any subcontractor to commence work on any subcontract
until it has secured all insurance required under this section.
a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the
performance of all work under this Agreement, in amounts not less than specified herein,
Commercial General Liability Insurance, in a form and with insurance companies acceptable to
the City.
(ii) Coverage for Commercial General Liability insurance shall be at
least as broad as the following:
(1) Insurance Services Office Commercial General Liability
coverage (Occurrence Form CG 00 01) or exact equivalent.
for the following :
61147.01000\24715722.1
(iii) Commercial General Liability Insurance must include coverage
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion
deleted
(7) Contractual Liability with respect to this Contract
(8) Broad Form Property Damage
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(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting
coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one
insured against another; (3) products/completed operations liability; or (4) contain any other
exclusion contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees,
agents and City designated volunteers additional insured status using ISO endorsement forms
CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or
provide coverage excess of a self-insured retention, subject to written approval by the City, and
provided that such deductibles shall not apply to the City as an additional insured.
b. Automobile Liability
(i) At all times during the performance of the work under this
Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and
property damage including coverage for owned, non-owned and hired vehicles, in a form and
with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as
broad as Insurance Services Office Form Number CA 00 01 covering automobile liability
(Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents
and City designated volunteers additional insured status.
(iv) Subject to written approval by the City, the automobile liability
program may utilize deductibles, provided that such deductibles shall not apply to the City as an
additional insured, but not a self-insured retention.
c. Workers ' Compensation/Employer's Liability
(i) Consultant certifies that he/she is aware of the prov1s1ons of
Section 3700 of the California Labor Code which requires every employer to be insured against
liability for workers' compensation or to undertake self-insurance in accordance with the
provisions of that code, and he/she will comply with such provisions before commencing work
under this Agreement.
(ii) To the extent Consultant has employees at any time during the
term of this Agreement, at all times during the performance of the work under this Agreement,
the Consultant shall maintain full compensation insurance for all persons employed directly by
him/her to carry out the work contemplated under this Agreement, all in accordance with the
"Workers' Compensation and Insurance Act," Division IV of the Labor Code of the State of
California and any acts amendatory thereof, and Employer's Liability Coverage in amounts
indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the
period required by this Agreement, workers' compensation coverage of the same type and limits
as specified in this section.
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d. Professional Liabil it y (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant
shall maintain professional liability or Errors and Omissions insurance appropriate to its
profession, in a form and with insurance companies acceptable to the City and in an amount
indicated herein. This insurance shall be endorsed to include contractual liability applicable to
this Agreement and shall be written on a policy form coverage specifically designed to protect
against acts, errors or omissions of the Consultant. "Covered Professional Services" as
designated in the policy must specifically include work performed under this Agreement. The
policy must "pay on behalf of' the insured and must include a provision establishing the insurer's
duty to defend.
e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Commercial General Liability
Automobile Liability
Employer's Liability
Professional Liability
Combined Single Limit
$1,000,000 per occurrence/ $2,000,000 aggregate
for bodily injury, personal injury, and property
damage
$1,000,000 per occurrence for bodily injury and
property damage
$1,000,000 per occurrence
$1,000,000 per claim and aggregate (errors and
omissions)
(ii) Defense costs shall be payable in addition to the limits .
(iii) Requirements of specific coverage or limits contained in this
section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of
any coverage normally provided by any insurance. Any available coverage shall be provided to
the parties required to be named as Additional Insured pursuant to this Agreement.
f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City
evidence of insurance from an insurer or insurers certifying to the coverage of all insurance
required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer's
equivalent) signed by the insurer's representative and Certificate of Insurance (Acord Form 25-
S or equivalent), together with required endorsements. All evidence of insurance shall be
signed by a properly authorized officer, agent, or qualified representative of the insurer and
shall certify the names of the insured, any additional insureds, where appropriate, the type and
amount of the insurance, the location and operations to which the insurance applies, and the
expiration date of such insurance.
g. Policy Provisions Required
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(i) Consultant shall provide the City at least thirty (30) days prior
written notice of cancellation of any policy required by this Agreement, except that the
Consultant shall provide at least ten (10) days prior written notice of cancellation of any such
policy due to non-payment of premium. If any of the required coverage is cancelled or expires
during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including
the General Liability Additional Insured Endorsement to the City at least ten (1 0) days prior to
the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy
shall each contain a provision stating that Consultant's policy is primary insurance and that any
insurance, self-insurance or other coverage maintained by the City or any named insureds
shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than
the effective date of this Agreement. Consultant shall maintain such coverage continuously for
a period of at least three years after the completion of the work under this Agreement.
Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is
advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed;
or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent
to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional
liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its
officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or
others providing insurance evidence in compliance with these specifications to waive their right
of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and
shall require similar written express waivers and insurance clauses from each of its
subconsultants.
(v) The limits set forth herein shall apply separately to each insured
against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability in
excess of such coverage, nor shall it limit the Consultant's indemnification obligations to the
City and shall not preclude the City from taking such other actions available to the City under
other provisions of the Agreement or law.
h. Qual ifying Insurers
(i) All policies required shall be issued by acceptable insurance
companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies
with a current A.M. Best's rating of no less than A:VII and admitted to transact in the
business of insurance in the State of California, or otherwise allowed to place insurance
through surplus line brokers under applicable provisions of the California Insurance
Code or any federal law.
i. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance
coverage to be maintained by Consultant, and any approval of said insurance by the City, is
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not intended to and shall not in any manner limit or qualify the liabilities and obligations
otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to,
the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with these specifications or is
canceled and not replaced, City has the right but not the duty to obtain the insurance it deems
necessary and any premium paid by City will be promptly reimbursed by Consultant or City will
withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City
may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of
all insurance policies in effect for the duration of the Project.
(iv) Neither the City nor any of its officials, officers, employees, agents
or volunteers shall be personally responsible for any liability arising under or by virtue of this
Agreement.
j. Subconsultant Insurance Requirements. Consultant shall not allow any
subcontractors or subconsultants to commence work on any subcontract until they have
provided evidence satisfactory to the City that they have secured all insurance required under
this section. Policies of commercial general liability insurance provided by such subcontractors
or subconsultants shall be endorsed to name the City as an additional insured using ISO form
CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by
Consultant, City may approve different scopes or minimum limits of insurance for particular
subcontractors or subconsultants.
12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with
counsel reasonably approved by the City), indemnify and hold the City, its officials, officers,
employees, agents and volunteers free and harmless from any and all claims, demands, causes
of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees,
settlements, loss, damage or injury of any kind, in law or equity, to property or persons,
including wrongful death, (collectively, "Claims') in any manner arising out of, pertaining to, or
incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials,
officers, employees, subcontractors, consultants or agents in connection with the performance
of the Consultant's services, the Project or this Agreement, including without limitation the
payment of all consequential damages, expert witness fees and attorneys' fees and other
related costs and expenses. Notwithstanding the foregoing, to the extent Consultant's services
are subject to Civil Code Section 2782 .8, the above indemnity shall be limited, to the extent
required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of the Consultant. Consultant's obligation to
indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials,
officers, employees, agents or volunteers .
b. Additional Indemnity Obligations. Consultant shall defend, with counsel
of City's choosing and at Consultant's own cost, expense and risk, any and all Claims covered
by this section that may be brought or instituted against the City, its officials, officers,
employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award or
decree that may be rendered against the City, its officials, officers, employees, agents or
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61147.01000124715722 .1
volunteers as part of any such claim, suit, action or other proceeding. Consultant shall also
reimburse City for the cost of any settlement paid by the City, its officials, officers, employees,
agents or volunteers as part of any such claim , suit, action or other proceeding. Such
reimbursement shall include payment for the City's attorney's fees and costs, including expert
witness fees. Consultant shall reimburse the City, its officials, officers, employees, agents and
volunteers, for any and all legal expenses and costs incurred by each of them in connection
therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify
shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers,
employees, agents and volunteers.
13 . Cali f ornia Labo r Cod e Requirements .
a. Consultant is aware of the requirements of California Labor Code
Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and
the performance of other requirements on certain "public works" and "maintenance" projects . If
the services are being performed as part of an applicable "public works" or "maintenance"
project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or
more, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable.
Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees
and agents free and harmless from any claims, liabilities, costs , penalties or interest arising out
of any failure or alleged failure to comply with the Prevailing Wage Laws . It shall be mandatory
upon the Consultant and all subconsultants to comply with all California Labor Code provisions,
which include but are not limited to prevailing wages, employment of apprentices, hours of labor
and debarment of contractors and subcontractors.
b. If the Services are being performed as part of an applicable "public works"
or "maintenance" project, then pursuant to Labor Code Sections 1725.5 and 1771 .1, the
Consultant and all subconsultants performing such Services must be registered with the
Department of Industrial Relations. Consultant shall maintain registration for the duration of the
Project and require the same of any subconsultants, as applicable . This Project may also be
subject to compliance monitoring and enforcement by the Department of Industrial Relations . It
shall be Consultant's sole responsibility to comply with all applicable registration and labor
compliance requirements.
14. Ve rifi ca ti on of Emp loy ment Eli gibi lit y.
By executing this Agreement, Consultant verifies that it fully complies with all
requirements and restrictions of state and federal law respecting the employment of
undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of
1986, as may be amended from time to time , and shall require all subconsultants and sub-
subconsultants to comply with the same .
15. Reserved.
16. Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of
California. If any action is brought to interpret or enforce any term of this Agreement, the action
shall be brought in a state or federal court situated in the County of Orange , State of California.
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61147 .01000\24715722 .1
17 Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work
under this Agreement by giving ten (1 0) calendar days written notice to Consultant. In such
event, City shall be immediately given title and possession to all original field notes, drawings
and specifications, written reports and other documents produced or developed for that portion
of the work completed and/or being abandoned. City shall pay Consultant the reasonable value
of services rendered for any portion of the work completed prior to termination. If said
termination occurs prior to completion of any task for the Project for which a payment request
has not been received, the charge for services performed during such task shall be the
reasonable value of such services, based on an amount mutually agreed to by City and
Consultant of the portion of such task completed but not paid prior to said termination. City shall
not be liable for any costs other than the charges or portions thereof which are specified herein.
Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to
damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under
this Agreement upon thirty (30) calendar days' written notice to City only in the event of
substantial failure by City to perform in accordance with the terms of this Agreement through no
fault of Consultant.
18 Documents . Except as otherwise provided in "Termination or Abandonment,"
above, all original field notes, written reports, Drawings and Specifications and other
documents, produced or developed for the Project shall, upon payment in full for the services
described in this Agreement, be furnished to and become the property of the City.
19. Organization
Consultant shall assign Nicole Morse, Esq. as Project Manager. The Project Manager
shall not be removed from the Project or reassigned without the prior written consent of the City.
20. Limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described
above .
21. Notice
Any notice or instrument required to be given or delivered by this Agreement may be
given or delivered by depositing the same in any United States Post Office, certified mail, return
receipt requested, postage prepaid, addressed to:
CITY:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: David Contreras, Senior Planner
Development Services Dept.
61147.01000\24715722.1
9
CONSULTANT:
PlaceWorks
3 MacArthur Place, Suite 1100
Santa Ana, CA 92707
Attn: Nicole Morse, Esq.
and shall be effective upon receipt thereof.
22. Th ird Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone
other than the City and the Consultant.
23 . Equal Opportun ity Employment.
Consultant represents that it is an equal opportunity employer and that it shall not
discriminate against any employee or applicant for employment because of race, religion, color,
national origin, ancestry, sex, age or other interests protected by the State or Federal
Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff
or termination.
24. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and
Consultant as to those matters contained herein, and supersedes and cancels any prior or
contemporaneous oral or written understanding, promises or representations with respect to
those matters covered hereunder. Each party acknowledges that no representations,
inducements, promises or agreements have been made by any person which are not
incorporated herein, and that any other agreements shall be void. This Agreement may not be
modified or altered except in writing signed by both Parties hereto . This is an integrated
Agreement.
25 . Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not
render the provisions unenforceable, invalid or illegal.
26. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in
interest, executors , administrators and assigns of each party to this Agreement. However ,
Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights,
burdens, duties or obligations without the prior written consent of City. Any attempted
assignment without such consent shall be invalid and void .
27. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either party,
unless such waiver is specifically specified in writing.
28. Time of Essence
Time is of the essence for each and every provision of this Agreement.
29. City 's Right to Employ Other Consultants
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City reserves its right to employ other consultants, including engineers, in connection
with this Project or other projects.
30. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company
or person, other than a bona fide employee working solely for Consultant, to solicit or secure
this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any
company or person, other than a bona fide employee working solely for Consultant, any fee,
commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting
from the award or making of this Agreement. For breach or violation of this warranty, City shall
have the right to rescind this Agreement without liability. For the term of this Agreement, no
director, official, officer or employee of City, during the term of his or her service with City, shall
have any direct interest in this Agreement, or obtain any present or anticipated material benefit
arising therefrom.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND PLACEWORKS
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
written above.
CITY OF SAN JUAN CAPISTRANO
By:
Pam Patterson, Esq .
Mayor
ATTEST:
By:
City Clerk
APPROVED AS TO FORM :
By:
City Attorney
61147 .02100\10974777.1
Place Works
By:
Its : ""PY,·ncipa l
Printed Name: hli\\~am Hallj3"n
12
EXHIBIT A
~ PLACEWORKS
All required parking for the Hotel and Restaurant will be provided on-site through surface parking with a
total of 158 parking spaces. The project is in the downtown and has access to transit (OCTA bus service)
and the Metrolink and Amtrak railroad service which conveniently links the downtown to other cities in the
region and State .
Project Approach
Based on the project description and information provided by the City, we expect that CEQA clearance for
this project will require preparation and processing of an Initial Study/Addendum to the San Juan Hotel &
Villas MND. However, if any of the conditions illustrated in CEQA guidelines 15162 would result from the
proposed Project, a supplemental MND or EIR would be recommended and handled by a contract
amendment.
Scope of Work
TASK 1. PROJECT INITIATION
PlaceWorks will prepare an agenda and attend one kick-off meeting with City staff. Prior to and concurrent
with this meeting, PlaceWorks will review all available studies and documentation on the site and conduct a
site visit. The site visit will include photographing and documenting the existing conditions onsite and the
surrounding area. After the kickoff meeting, PlaceWorks will prepare and submit meeting minutes, existing
conditions for inclusion in the Initial Study, and site photographs to the City .
TASK 2. TECHNICAL STUDIES
PlaceWorks does not anticipate the need to include any new technical reports. The evaluation of the
modified project includes the following data, reports, and project details from the project applicant :
» Site Plan
» Grading Plan, showing earthwork quantities
» Circulation Plan
» Landscape Plan
» Phasing Plan
» View Simulations, Building Elevations, Floor Plans
» Phase I Environmental Site Assessment
» Water Quality Management Plan and Drainage Plan
» Infrastructure Report
» Geotechnical Report
» Traffic counts and analysis
If any of the technical reports listed above cannot be provided, Place Works can have them prepared by our
in-house technical experts. This would be handled by a contact amendment.
View Analysis. The aesthetics analysis will be conducted by analyzing site photographs, applicant provided
visual simulations, building elevations, and plans. Our in-house CAD experts will evaluate the view
simulations provided by the project applicant to ensure that they accurately reflect the proposed project
based on the proposed grading plans and elevations. If we have comments or need revisions to the view
simulations, it is assumed that the project applicant will provide those revisions.
March 31, 2016 I
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Biological Resources. Although a new tree survey is not expected to be needed, our in-house biologist will
conduct a site walk to determine if any conditions on the site have changed since the previously adopted
MND and 2013 tree survey prepared by Ardea Consulting. If further reports are required, it would be
handled by a contract amendment.
Air Quality, Greenhouse Gas (GHG) Emissions, Noise, and Traffic. Based on the change to the plans for the
project site our scope of work assumes that the analysis of air quality, GHG emissions, noise, and traffic can
be handled qualitatively. If modeling is needed or desired by the City we have included this as Optional
Tasks 2a and 2b .
Health Risk/Air Toxics . A comparison with the 2014 MND will be provided to determine if any new
significant noise impacts would result. However, the recent Supreme Court decision regarding the
assessment of the environment's impacts onto proposed projects means that is it generally no longer the
purview of the CEQA process to evaluate health risk of the freeway on the project as was done in the 2014
MND. For impacts identified under CEQA, the mitigation measures identified in the 2014 MND will be
reviewed and revised in order to reflect minor changes in environmental conditions and regulatory
environments since adoption of the MND.
For traffic impacts we would compare trip generation of the existing, adopted MND, and the modified
project using Trip Generation, 91
h Edition by the Institute for Transportation Engineers to provide a
qualitative evaluation of project traffic impacts on nearby roadways and intersections. Since the Ortega
Highway/I-S interchange was recently completed, we also assume that updated counts are available and
that traffic conditions have improved. If traffic counts and a focused analysis are needed or desired by the
City we have included this as Optional Task 2c.
Task 2a. Optional Task: Air Quality and GHG Emissions Modeling
PlaceWorks will prepare an air quality and greenhouse (GHG) emissions analysis to evaluate potential
construction and operational impacts of the Project compared to those analyzed in the 2014 San Juan
Hotel & Villas MND (2014 MND). The analysis will be consistent with the current methodology of the South
Coast Air Quality Management District (SCAQMD) for projects within the South Coast Air Basin (SoCAB).
The analysis will calculate project-related criteria air pollutant and GHG emissions generated on the project
site using the California Emissions Estimator Model (CaiEEMod), which is the latest emissions computer
model released by SCAQMD. The analysis will be incorporated into the Addendum and modeling
datasheets will be included as an appendix. For the purpose of this scope and cost estimate, it is assumed
that the Project would not increase the magnitude or severity of the air quality and GHG emissions impacts
identified in the 2014 MND.
Operational Impacts. The 2014 MND identified that regional air quality impacts were less than significant.
The air quality analysis will provide a project-level estimate of existing emissions and long-term criteria air
pollutant emissions from mobile sources associated with the approved project and the modified project
utilizing the average daily trip generation. Criteria air pollutant emissions will be compared to the operation
emissions from the 2014 MND and assessed against the SCAQMD regional significance operation
thresholds.
Construction Phase Impacts. The 2014 MND identified that construction-related air quality impacts were
less than significant with mitigation incorporated. The construction phase regional emissions inventory will
be based on the construction schedule, including construction duration for each construction subphase,
anticipated construction equipment for each construction subphase, and estimated earthwork and
demolition debris movement, as provided by the project applicant.
March 31, 2016 I
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~ PLACEWORKS
Project-related regional construction emissions will be compared to the construction emissions from the
2014 MND and assessed against the SCAQMD regional significance construction thresholds. Localized air
pollution impacts from construction equipment exhaust and fugitive dust will be compared to SCAQMD's
localized significance thresholds (LST) screening criteria for their potential to elevate concentrations of air
pollutants at the adjacent land uses surrounding the project site. Modifications to the existing mitigation
measures may be necessary to ensure less than significant impacts.
GHG Emissions Impacts. The 2014 MND identified that GHG emissions impacts were less than significant.
The GHG emissions analysis will discuss consistency with statewide, regional, and local GHG reduction
plans. Additionally, GHG emissions generated by land uses associated with the project site will be
quantified for existing conditions, the approved project, and the modified project. In addition, total GHG
emissions from construction activities will be amortized into the GHG emissions inventory. GHG emissions
reductions from recently adopted programs and regulations, including improvements in fuel efficiency,
state building code energy efficiency, and landscaping water efficiency will be included. Project-related
GHG emissions will be compared to the GHG emissions calculated in the 2014 MND and assessed against
the SCAQMD's significance criteria.
Deliverable(s):
• Air Quality and GHG Analysis; modeling to be included as an appendix.
TASK 3. SCREENCHECK INITIAL STUDY
PlaceWorks will prepare a screencheck Initial Study consistent with the provisions of CEQA and City's CEOA
procedures. The Initial Study will describe the project, background, and environmental setting,
environmental checklist, and analysis of each environmental topic. Specifically, the following items will be
included:
• Project Description (RFP. Attachment 3. Section 3.1)
• Surrounding Land Use & Project Setting (RFP, Attachment 3, Section 3.2)
• Other Required Agency Approvals (RFP, Attachment 3, Section 3.3): No other agency approvals or
permits are required for this project.
• Discussion of Environmental Evaluation (RFP. Attachment 3. Section 3.4): The analysis will be based
upon documented literature, reports, and surveys on the project and surrounding area. The
methodology for each pertinent environmental topical area was described under Task 2. Findings will
be clearly substantiated for each checklist question to conclude whether any of the conditions under
CEOA Guidelines Section 15162 are met. The Initial Study will address all17 environmental topical
areas listed below and include mandatory findings of significance:
• Aesthetics • Land Use & Planning
• Agriculture & Forestry Resources • Mineral Resources
• Air Quality • Noise
• Biological Resources • Population & Housing
• Cultural Resources • Public Services
• Geology & Soils • Recreation
• Greenhouse Gas Emissions • Transportation & Traffic
• Hazards & Hazardous Materials • Utilities & Service Systems
• Hydrology & Water Quality • Mandatory Findings of Significance
March 31, 2016 I
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o Proc ess Docu m entati on (RFP. Attachm en t 3, Sec t io n 3.5): There are no special noticing requirements
for the preparation of an Addendum to a MND. However, the Notice of Determination would be
prepared in accordance with Task 6 below .
o Refere nces (R FP. Attach ment 3. Sect ion 3.6): The references section of the Initial Study will include all
pertinent materials, technical studies, experts and persons consulted in the preparation of the Initial
Study . This section will also include the identity of all persons, firms, and City staff preparing the Initial
Study . All citations and footnotes shall meet the requirements of professional style manuals.
Deliverable(s):
o Screencheck Initial Study (pdf transmitted electronically)
TASK 4. FINAL INITIAL STUDY
Concurrently with submittal of the screencheck Initial Study, PlaceWorks will meet with the City to explain
the findings and recommendation for further CEQA documentation. We will submit the document to the
City for their review and comment. Upon receipt of comments from the City, PlaceWorks will make
revisions and prepare the Initial Study for submission to the City for final approval.
Deliverable(s):
o Final Initial Study (12 hard copies and one electronic copy)
TASK 5. MEETINGS AND PUBLIC HEARING
Two meetings have been identified above: one kick-off meeting (Task 1) and one status meeting (Task 4). In
addition, PlaceWorks staff will attend two conference calls with the City to discuss status, the project
approach, schedule, or any other items that may come up related to the CEQA processing. PlaceWorks will
attend up to four public hearings on the project and will answer any CEQA-related questions and/or
present the findings of the Initial Study/Addendum.
Additional meeting participation at the City's request will be billed on a time-and-materials basis in
accordance with the hourly rates for the personnel involved, as included in this proposal.
Deliverable(s):
o Attendance at kick-off meeting (up to two hours; provided in Task 1)
o Attendance at status meeting (up to two hours; provided in Task 4)
o Attendance at two conference calls (up to two hours)
o Attendance at four public hearings (up to 6 hours for preparation and attendance at each meeting)
TASK 6. NOTICE OF DETERMINATION (NOD), PROCESSING, AND FILING FEES
The lead agency is required to file a NOD within five working days after deciding to carry out or approve a
project (CEQA Guidelines Section 15094). Since an addendum does not require public review, formal
responses to public/agency comments on the Addendum are not anticipated . After final revisions are
completed, we will coordinate with the City to achieve the final environmental clearance and to prepare
and file the NOD with the Orange County Clerk-Recorder. The NOD will be hand delivered so there is a
record of receipt.
Since the California Department of Fish and Wildlife (CDFW) fees were previously paid, additional CDFW
fees would not be required upon showing of a receipt. County filing fees would be required.
Deliverable(s):
o Notice of Determination
March 3 1, 2016 I
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~ PLACEWORKS
TASK 7. PROJECT MANAGEMENT
PlaceWorks will coordinate closely with City staff to ensure that the Initial Study/Addendum and associated
documents delivered to the City are legally defensible, accurate, and useful to decision makers considering
the approval of the Project. The project manager will also coordinate with City staff throughout the process
not only to streamline the CEQA process, but to avoid or anticipate any changes that could result in delays.
The Project Management task is based on the estimated schedule for the project of 12 weeks. If the
schedule of the project is extended for reasons beyond PlaceWorks' control, a contract amendment may
be required for additional fees for project management and coordination efforts.
Dellverable(s):
• Ongoing project management for the duration of the schedule outlined in Table 1, Proposed Schedule
Firm Background and Experience
As our name suggests, we're all about places and how they work-geographically, environmentally,
functionally, aesthetically, and culturally-but we are also passionate about how we work collaboratively
with our clients. Our approach is holistic. We celebrate personal passion and ownership while encouraging
integrity, creativity, and innovative thinking. We bring people together from diverse practice areas, offering
the best-of-all-worlds capability and connectivity. Just as each place we work is distinctly different, so is our
thinking.
PlaceWorks is a California S-Corporation currently employing 120 individuals statewide, 80 percent of
whom are professional staff. Originally known as The Center for Planning & Research, PlaceWorks was
established in 1975 and modeled on the principles of Germany's famous Bauhaus School of Design, which
aimed to integrate individual design disciplines and work efforts into a greater whole. Today we serve both
public-and private-sector clients in the fields of comprehensive planning, environmental analysis and
science, urban design, landscape architecture, economics, school planning, and GIS .
The vast majority of work under this contract will be performed by staff in our 60-person headquarters
(primary place of business) in Santa Ana. The office location and contact information for the City's primary
contact is as follows:
Nicole Morse, Esq. I Associate Principal
PLACEWORKS
3 MacArthur Place, Suite 1100 I Santa Ana, CA 92707
714.966.9220 x2318 I nmorse@placeworks.com
Our broad experience and technical proficiency have enabled us to develop a keen understanding of the
complexities of both public policies and project designs for sustainable development (economically,
environmentally, and equitably). In addition to providing the requisite technical support for wide-ranging
tasks, we often serve as a sounding board for clients to explore design and economic strategies and their
environmental and regulatory implications.
PlaceWorks' approach to all projects focuses on collaboration. Our policy planners and designers
continually confer with our CEQA practitioners and technical specialists to create responsive and site-
sensitive plans that satisfy regulatory demands. Whether preparing a master plan, conducting public
outreach, or conducting a corridor study, we serve as integral partners in a host of planning process.
March 31, 2016 I
Page 17
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COST PROPOSAL
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EIMRONIIEHTAL DOCUIIEHTATION
11Proiect lniliatian 6 6 51 ,140 51 ,140
2 Technical Sludles
Vlsual and Aeslllelic lmpac1 Analysis 16 16 52,000 52.000
Biologkal Resoorces Swv~ 12 12 $1 ,680 $1 ,680
0Dtional T;SI( AO and GHG Em1ssions Modeling 12 60 $8,640 SU13
3 Prepare Screencheck Initial Study (IS)
Project Oescripliorv8Jsting Condilillns 2 41 6 S840 S640
Stml.lnding L<m Use & PtO!ect Sallln!l 2 12 $1 ,660 $1 ,660
Envi'onmentaltmpact Analysis 24 8 2 60 94 $13,.250 $13,250
References 1 2 2 $640 $640
Screenchack Initial SbJdy-QA/QC 16 12 28 $2,780 52,760
4 Final Initial Study 12 16 2 2 32 $4,510 $4.510
5 Meetings and Public Hearings 24 24 $4,560 $4.560
6 Notice of Oeta!mination 4 4 $460 $460
7 Project llanagement 8 I 8 $1,520 $1 ,520
so so
Environmental Documenllllion Subtotal n 14 12 60 0 8[ 2 981 16 20 14 230 $35,040 535.040
T LaborToliii J -----nj -14J 121 6C -, oj al 2j 98 j 16 1 20 ) 14 1 230 J 35040 ! $35,040 1
Subcon !IUitants Relmbursaole expenses $0
TPCIDC&E Relmbul'$llble Ex~ 52,010
2% of Ubor for Offlee Experls. $700.35
REIMBURSABLE EXPENSES TOTAL $2,710
GRAND TOTAL' 537.750
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Proposed Schedule
We estimate approximately 12 weeks for processing CEQA documentation through project approval (see
Table 1, Proposed Schedule, below). The schedule assumes that the Initial Study would support the
preparation of an Addendum to the San Juan Hotel & Villas MND and that no public review of the Initial
Study is required. The durations and timeframes shown below are each from Notice to Proceed from the
City .
Table 1. Proposed Schedule
TASK DURATION TOTAL TIME TO
COMPLETE
Project Initiation 1 day 1 day
Screencheck Initial Study 3 weeks 3 weeks
Meeting with City to review Initial Study findings 1 day 3.5 weeks
City review and comment on Screencheck Initial Study 1 week 4.5 weeks
Initial Study Revise and Distribute 3 days 5 weeks
Planning Commission hearing 1 day 12 weeks
File Notice of Determination 1 day 12 weeks
Duration and total time are both from Notice to Proceed from the City.
Cost Estimate
Our cost estimate for preparation of the above scope of work is $37,750 (not including optional task 2a), as
summarized in Table 2 below. A detailed cost estimate showing costs for each task by position and hourly
rate is included in Appendix B.
Table 2. Cost Estimate
TASK COST
1. Project Initiation and Site Visit $1,145
2. Technical Studies
Visual and Aesthetic Impact Analysis $2,000
Biological Resources Survey $1,680
2a. Optional Task: Air Quality and GHG Emisssions Modeling $8,813
Subtotal Task 2 (not including optional task 2a) $3,680
3. Screencheck Initial Study
Project Description/Existing Conditions $840
Surrounding Land Use & Project Setting $1,660
Environmental Impact Analysis $13,250
References $640
Screen check Initial Study-QA/QC $2,780
March 31, 2016 I
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4. Final Initial Study $4,510
5. Meetings and Public Hearings $4,560
6. Prepare and File Notice of Determination $460
7. Project Management $1,520
Labor Subtotal
Labor Subtotal 35,040
Relmbursables
Initial Study (12 hard copies and 1 CD), Mileage, etc $2,010
Office Expense (2% of Labor) $700
Subtotal $2,710
GRAND TOTAL $37,750
Place Works -2016 Fee Schedule
STAFF LEVEL HOURLY BILL RATE
Principal II $250
Principal I $230
Associate Principal II $195
Associate Principal I $175
Senior Associate/Senior Scientist $165
Associate/Scientist $145
Project Planner/Project Scientist $115
Planner/ Assistant Scientist $105
Graphics Specialist $90
Clerical/Word Processing $80
Intern $70
Subconsultants are billed at cost plus 10%.
Mileage reimbursement rate is the standard IRS-approved rate.
March 31, 2016 I
Page 20
CITY OF SAN JUAN CAPISTRANO
REQUEST FOR PROPOSALS FOR PREPARATION OF AN INITIAL STUDY (IS) TO
DETERMINE IF THE PROPOSED PROJECT QUALIFIES FOR AN ADDENDUM TO A
PREVIOUSLY APPROVED MITIGATED NEGATIVE DECLARATION (URBAN VILLAGE
SAN JUAN HOTEL AND VILLAS) OR A NEW MITIGATED NEGATIVE DECLARATION
OR EIR.
CONDITIONAL USE PERMIT (CUP) 15-012
ARCHITECTURAL CONTROL (AC) 15-026
HOTEL CAPISTRANO BY KIMPTON INN
SUBMIT OR E-MAIL YOUR PROPOSAL BY 5:00 PM
ON FRIDAY, MARCH 25,2016 TO:
1. INTRODUCTION
City of San Juan Capistrano
Attn: Mathew Evans, Contract Planner
Development Services Department
32400 Paseo Adelanto
San Juan Capistrano, California 92675
mevans@sanjuancapistrano.org
(949) 487-4314
The City of San Juan Capistrano is soliciting proposals for the preparation of one
environmental document for a planned hotel and restaurant project including an Initial
Study (IS) to determine if the project qualifies for an Addendum to a previously
approved Mitigated Negative Declaration (Urban Village San Juan Hotel and Villas) or
an EIR or Mitigated Negative Declaration for the Hotel Capistrano by Kimpton Inn
project. The detailed project description is provided in the scope of work requirements
and the project plans are provided as a separate document.
ATTACHMENT 2
Request for Proposals (RFP)
Hotel Cap istrano -Kimpton Inn 2 City of San Juan Capistrano
The project is situated within the Historic Town Center (HTC) planning area and is
subject to the City's Historic Town Center Form Based Code. In April 2012, the City
Council certified a Program Environmental Impact Report, approved the Historic Town
Center Master Plan and adopted the Form Based Code. The certified Program EIR for
the HTC Master Plan provides significant technical analysis and information that may be
incorporated into the Initial Study (IS) for the proposed project.
On November 18, 2014, the City Council approved the adoption of the Urban Village
project, including a Mitigated Negative Declaration (MND) for Tentative Tract Map
(TTM) 17626, Conditional Use Permit 13-08, Architectural Control (AC) 13-23, Grading
Plan Modification (GPM) 13-03, Tree Removal Plan, HTC Form Based Code
Administrative Modifications to the Town Center Zone District standard, and an
Amendment to the Historic District Town Center Master Plan to allow for 30 town-
house-style villas and a 136 guest room hotel and supporting commercial facilities. The
project was never constructed, and was subject to two (2) legal challenges, one of
which has been resolved, the other of which is still pending.
Based on the project's location, the project does not require a determination from the
Army Corps of Engineers (ACE) and California Department of Fish & Game (DFG) as to
whether the project requires a Section 404 Permit, Section 1601/1602 Permit, and/or
Section 8 approval pursuant to applicable provisions of Federal and/or State law (e.g.
Federal Clean Water Act, Federal National Environmental Policy Act (NEPA), Federal
Endangered Species Act (ESA), the California Endangered Species Act (CESA), and
the California Public Resources Code, etc.).
2. SCOPE OF WORK
The scope of work requirements for CUP 15-012 and AC 15-026 are provided as a
separate document (see Attachment 3).
3. PROPOSAL REQUIREMENTS
Consultant proposals will include a transmittal letter including a statement of
understanding of the scope of the project, the general methodology/approach to be
used, a description of the firm's background and experience . The Proposal shall be
signed by an individual authorized to bind the consultant and shall contain a statement
that the proposal is valid for at least a 90-calendar day period. The proposal will also
include the following:
3.1 A proposed scope-of-work (SOW), consistent with the City's S-0-W
requirements, including a description of the specific work tasks that will be
completed and work products that will be produced.
3.2 A list of similar projects completed by the project manager and key staff to be
used on this project.
Request for Proposals (RFP)
Hotel Capistrano -Kim pton Inn 3 City of San Juan Capistrano
3.3 One-page resume of the project manager highlighting that individual's relevant
experience, skills, and education.
3.4 Project Schedule .
3.5 Total project budget and not-to-exceed cost including a tabular breakdown of all
costs by position, hourly rate, task, hours budgeted for each task as well as any
reimbursable costs (i.e. travel, meeting attendance, copying, etc.). The proposed
budget may include optional tasks/budget items which may not be critical to
achieving the base scope of work but could be beneficial in strengthening the
overall analysis in the Initial Study.
4. PROPOSAL SUBMISSION
Interested firms or persons should submit their proposal in pdf format (600 dpi
resolution, color or black & white) by e-mail to mevan s@sa nj uanca pistrano.org in the
Development Services Department, City of San Juan Capistrano by the time and date
indicated on the coversheet of this RFP.
5. SELECTION PROCESS
A selection committee, composed of City staff, will review the proposals pursuant to City
Council Consultant Selection Policy with particular emphasis on the following factors
consistent with the City's adopted Purchasing Policies and Procedures to select the
most qualified consultant:
5.1 A proposed scope-of-work (SOW) including a description of the specific work
tasks that will be completed and work products that will be produced.
5.2 Completeness of proposal.
5.3 Firm's experience and resources .
5.4 Professional qualifications of key personnel.
After evaluation of the proposal, and subsequent interviews, if needed, the City will
select the most qualified consultant with whom to negotiate an agreement to provide the
consulting services through the completion of the Project.
The City reserves the right to reject any or all proposals, to waive any informality or
irregularity in any proposal received, and to be the sole judge of the merits of the
respective proposals received.
Request for Proposals (RFP)
Hotel Capistrano -Kimpton Inn 4
6. AGREEMENT /INSURANCE REQUIREMENTS
C ity of San Juan Capistrano
The consultant selected for the study will be required to execute a standard City of San
Juan Capistrano Professional Services Agreement (Attachment 4 ). Proposals will
include a statement that the submitting firm/person is amenable to all provisions in the
City's standard agreement. If a proposing firm/person takes exception to any of the
terms in the Professional Services Agreement, the firm/person must notify the City of
their specific issue( s) as soon as possible and determine whether the provision may be
modified. Insurance and indemnification requirements are not negotiable.
7. CITY'S RIGHTS
The City may investigate the qualifications of any proposer under consideration, require
confirmation of information furnished by a proposer, and require additional evidence of
qualifications to perform the services described herein. The CITY reserves the right to:
7.1 Reject any or all of the proposals and issue a subsequent Request for Proposals.
7.2 Cancel the entire Request for Proposal.
7.3 Remedy technical errors in the Request for Proposal process.
7.4 Appoint an evaluation committee to review proposals.
7.5 Seek the assistance of outside technical experts in proposal evaluation.
7.6 Approve or disapprove the use of particular subcontractors.
7.7 Award a contract to one or more proposers.
7.8 Waive non-substantive errors or irregularities in proposals.
This RFP in no way commits the City to enter into a contract, nor does it obligate the
City to pay for any costs incurred in the preparation and submission of proposals or in
anticipation of a contract.
8. PUBLIC RECORDS ACT
Responses to this RFP become the exclusive property of the City and subject to the
California Public Records Act. Those elements in each proposal which are trade secrets
as that term is defined in Civil Code section 3426.1(d) or otherwise exempt by law from
disclosure and which are prominently marked as "TRADE SECRET", "CONFIDENTIAL",
or "PROPRIETARY" may not be subject to disclosure. The City shall not in any way be
liable or responsible for the disclosure of any such records including , without limitation,
those so marked if disclosure is deemed to be required by law or by an order of the
Court. Proposers which indiscriminately identify all or most of their proposal as exempt
Request for Proposals (RFP)
Hotel Capistrano-Kimpton Inn 5 City of San Juan Capistrano
from disclosure without justification may be deemed non-responsive.
In the event the City is required to defend an action on a Public Records Act request for
any of the contents of a proposal marked "confidential", "proprietary", or "trade secret",
the proposer agrees, upon submission of its proposal for City's consideration, to defend
and indemnify the City from all costs and expenses, including attorneys' fees, in any
action or liability arising under the Public Records Act.
9. QUESTIONS
Questions regarding this RFP should be sent in writing to Mathew Evans, Contract
Planner via e-mail to: mevans@sanjuancapistrano.org. Questions concerning
information already contained in the RFP will be answered in writing and provided to all
firms who have been sent the RFP or have advised the City's project manager that they
are preparing a proposal. Questions requiring clarification or additional information may
be addressed in an addendum to this RFP. All City correspondence involving questions
and answers related to this RFP, will be provided to all other known proposers.
Attachments:
1-Project Description, Conditional Use Permit (CUP) 15-012
2-Project Description, Architectural Control (AC) 15-026
3-Scope of Work Requirements
4-Standard City Professional Services Agreement (PSA)