Strategic Zoning Ordinance Amendment Request for Proposals

City of San Carlos
Deadline: 
Monday, September 26, 2016
Location: 
San Carlos, CA
United States
Website

Strategic Zoning Ordinance Amendment

Improving Development Standards for

  •      Single-Family Residential
  •      Mixed-Uses in the Downtown Core
  •      Mixed-Uses South of Arroyo Avenue

RFP Issued:       August 22, 2016

Submittals Due:  September 26, 2016 at 5:00 p.m.

City of San Carlos
600 Elm Street
San Carlos, CA 94070

Lisa Porras
Principal Planner 
Community Development Department
lporras@cityofsancarlos.org                                                                   
(650) 802-4264

Introduction

The City of San Carlos is requesting proposals from professional urban planning firms with demonstrated experience developing and amending zoning ordinances in order to conduct a targeted update to sections of the San Carlos Municipal Code. The scope of the work is primarily related to single-family home development standards and height requirements in two mixed-use zones. The City is seeking a firm with recent experience with form-based codes and expertise in community outreach. 

Background

San Carlos is located on the San Francisco peninsula, in San Mateo County.  It is approximately 25 miles south of San Francisco and 26 miles north of San Jose.  The city is about 6 square miles and has a population of just under 30,000.  San Carlos is home to a thriving community, with emphasis on families, recreation, and good quality of life with strong community ties.  The median household income is just over $125,000 and the median home value is $1,618,800.  Highway 101 runs through the eastern portion of the City, near an assortment of industrial and commercial uses, including a small airport and a small neighborhood of single-family homes.  The west side of town extends into the Santa Cruz Mountains and is largely single-family residential with the exception of El Camino Real corridor and the City’s quaint downtown.

In November, 2011 the City Council adopted a comprehensive update to the San Carlos Zoning Ordinance and also amended subdivision lot size requirements simultaneously.  Prior to this update, the Zoning Ordinance was a conventional use-based code.  The Zoning Ordinance now includes design regulations such as building placement, building form and architectural articulation. The mixed use districts emphasize walkability and support transit ridership.

A few years after adoption, San Carlos began to see a significant increase in the amount of development applications being submitted. Many applications included tearing down older, single-family homes and replacing them with larger homes.  Residents have started to express concerns that the new homes being built are too big and out of character with existing homes. 

Also since the Zoning Ordinance update, the City has seen an increased interest in three to four story mixed-use projects in the downtown and surrounding areas. The City has concerns about market forces that could change the look and feel of the heart of the downtown, which consists of the 600, 700, and 800 blocks of Laurel Street.  At present, this area exhibits mainly one-story structures with smaller, human-scaled storefronts.  While improvements have been made to the façades of some of these storefronts, larger projects have not been proposed until recently. 

There are also community concerns about the potential effects of 4-story mixed-use structures adjacent to single-family residential zoning districts.  Along the west side of Laurel Street, south of Arroyo Avenue, is a mixed-use zoning district (MU-N) that lies adjacent to a single-family zoning district.  While the City already has “transitional standards” built into the Zoning Ordinance to address these issues, a maximum height of 4-stories could still present land use compatibility issues. 

Project Objectives

The City seeks to adopt Zoning Ordinance amendments that would:

  • Implement policies of the San Carlos 2030 General Plan.
  • Balance property rights of individual single-family homeowners with the community’s desire to maintain the charm of the existing residential neighborhoods.
  • Reflect the City’s desire to maintain high design standards throughout the community.
  • Improve compatibility between new development and surrounding neighborhoods.
  • Preserve the best qualities of the downtown.
  • Prevent a new layer of governmental constraints on the production of housing.
  • Maintain residential density standards while improving current massing guidelines to better fit projects into the neighborhood.
  • Include clear development standards, specifications, performance approaches, graphic illustrations and representations.
  • Incorporate an easy to read and understandable format with supporting design graphics.

Scope of Work

The consultant will conduct analysis and prepare amendments, in text and graphic format, to the existing Zoning Ordinance in three areas:

A. RS-6: Single-Family Zoning District

  1. Consider whether there should be a maximum house size or floor area ratio limit or threshold.
  2. Review setbacks and design related regulations to analyze whether the existing Code limits architectural variety.
  3. Review the effect of a change to the lot coverage requirement from 50% to 40%.
  4. Consider alterations to the design review procedures and assignment of design review responsibilities.

B. Downtown Core:  MU-DC Zoning District

  1. Evaluate a potential reduction in height and number of stories.
  2. Consider additional design regulations that reinforce the unique character of downtown.
  3. Strengthen standards that result in housing production.

C. South of Arroyo Avenue:  MU-N Zoning District

  1. Evaluate a potential reduction in height and number of stories (taking into consideration the existing transitional standards).
  2. Strengthen standards that result in housing production.

The consultant will be responsible for undertaking all necessary steps for this analysis and resulting modifications to the Zoning Code, as directed by staff and within the agreed upon time frame. Modifications must be integrated into the City’s regulatory framework established within the existing Zoning Ordinance in a manner that ensures overall quality and structure of the current Code, procedural consistency, aligns with state and local legal requirements, provides clarity as to applicability of existing regulations, and maximizes effectiveness of the code.  Additional work would include:   

D. Graphics:  City of San Carlos Municipal Code, Title 17 and 18

  1. As needed and directed by staff, prepare graphic illustrations to augment written code requirements as needed and directed by City staff.   New or improved graphics will correlate to the standards found in the City’s Subdivision and Zoning Ordinances.

E. Common Procedures and Design Review

  1. Other sections of the Zoning Ordinance, such as Common Procedures (SCMC 18.27) or Design Review (SCMC 18.29), may warrant change as a result of the modifications.

The anticipated tasks necessary to complete the Code amendments are summarized below.

Review Existing Ordinance, Site Analysis & Best Practices:

The consultant is expected to review the relevant sections of the Zoning Ordinance and become familiar with the physical form of specific areas of the City.  This may include conducting site visits with staff to review patterns and scales of existing development and assess the quality, scale and placement of new structures recently approved.  City staff will provide consultants with data regarding the size, placement, height of new residential structures that have been review and approved by the City, as well as any other data readily available that would be useful during the evaluation phase. The consultant will draw on the best practices of surrounding cities as part of the analysis.

Public Outreach Plan:     

The consultant shall propose a public outreach plan and assist the City with public outreach through identification of best practices or methods for obtaining community input as well as presentation of material in various settings.  This may include presentations and interviews with property owners, architects and designers, residents, and the business community.  In addition, study sessions with the Planning Commission and Residential Design Review Committee may be warranted.  City staff will identify and reserve meeting locations and logistics.  As needed, Consultant may be called upon to create public outreach materials or content for official City newsletters, and material that can be posted on a variety of social media outlets utilized by the City, such as Facebook, Twitter, and Next Door. The consultant will provide information that can be posted onto the City’s website.  As staff deems appropriate, the consultant will provide materials including text, photographs, maps, renderings, and other images for the website.  The Consultant will draft a press release to inform the local citizenry about the planning efforts to be undertaken.

The City anticipates establishing a 7-member working group for the work associated with modifications to the RS-6: Single-Family Zoning District only.

Deliverables:

The consultant should include in their proposal the deliverables necessary to complete the scope of work. At a minimum, Staff anticipates that it would include a memo summarizing the key issues, administrative draft code amendments, public review draft, revised draft (in response to Planning Commission comments)  and final code amendments. One hardcopy and one electronic copy are required for all deliverables.  The format for each document can be determined through discussions with staff.

Public Hearings:

The consultant will assist staff with formal presentations to the City’s Planning Commission and City Council. Consultants should be prepared to attend two meetings of the Planning Commission and two meetings of the City Council.

Environmental Review:

For this project, the City anticipates completion of a Negative Declaration pursuant to Section 15168 (c) and (e). The consultant should include a separate line item for completion of this work, which may be completed by City staff or another outside consultant.

Staff Coordination:

Department staff is small and very busy but experienced, progressive, and engaged and will play a strong role in evaluating changes to the Code.  Consultants should propose a method for maintaining good communication throughout the process, such as periodic meetings or regular conference calls.

Timeframe

Staff anticipates award of the contract in October, with project commencement in the same month.  The City is open to phasing the overall work to allow the single-family amendments to happen first, followed by the amendments to the mixed-use zones.  Consultants should include a specific timeline and clearly explain whether the work would be phased and how.

Submittal Requirements

A qualifying proposal will address all of the points in the Scope of Work along with the requested items and information listed below.

A. Introduction

Include a brief description of your firm, contact person, address, telephone number, and e-mail address.

B. Approach and Scope of Work

Describe your firm’s approach to completing the specified zoning modifications and provide a summary of major tasks and sub-tasks.

C. Work Schedule

Include a proposed timeline and phased milestones for completion based on a tentative start date of October 24, 2016. Describe whether the work would be phased and if so, how.

D. Qualifications and Experience

Provide an outline of the firm’s background and qualifications to perform requested services.  Identify any sub-consultants if needed.  Identify all personnel and their role in completing this project and summarize the relevant qualifications and experience of each. Specify the Principal and Project Manager that would have responsibility for the project.

E. Examples of Work

Provide typical examples of work product delivered to clients prior to client’s revisions.

F. Fee Schedule and Cost Estimate

Provide a fee schedule for the types of services and personnel expected to be included in this scope of work.  List travel costs or any other direct or indirect costs associated with performing the required services. If the work would be phased, provide cost estimates that reflect the work plan and timeline.

G. References

Provide at least two references that have knowledge of your firm’s recent work on municipal zoning ordinances completed or in progress within the past three years.  Indicate the individuals in the firm who worked on or are working on the project and their role and responsibility.

Submittal Instructions

Please submit one (1) unbound copy, three (3) bound copies and one (1) electronic version of the proposal no later than 5:00 p.m. on September 26, 2016 to:

Lisa Porras, Principal Planner
City of San Carlos
600 Elm Street
San Carlos, CA 94070

All proposals shall be submitted in a sealed envelope which is clearly marked with the RFP description and closing date and time.

Late proposals or faxed proposals will not be accepted.

The City assumes no responsibility for delays caused by delivery service.  Postmarking by the due date will not substitute for actual receipt.

All proposals, whether selected or rejected, shall become the property of the City of San Carlos.

All costs incurred during submittal preparation or in any way associated with the Consultant’s preparations, submission, presentation, or oral interview shall be the sole responsibility of the Consultant.

If awarded a contract, the consultant shall maintain insurance coverage, including worker’s compensation, reflecting the minimum amounts and conditions specified by the City.

Consultants are liable for all errors or omissions contained in their proposals.

Should you have any questions, please contact Lisa Porras at lporras@cityofsancarlos.org or (650) 802-4264.

Selection Criteria/Process

The Community Development Department will review all proposals received by the deadline using the following criteria as guidelines for selection.  An evaluation committee will review and rank proposals and the consultants considered to be the most qualified will be invited to participate in an interview with City staff.

If warranted, the contract would then be scheduled for City Council approval as soon as possible and anticipated for October 24, 2016.

Cost, while not determinative, will be a factor in the selection process.

Evaluation criteria will include the following:

  1. The completeness of the submittal.
  2. Understanding the City’s needs and issues to be addressed; completeness and responsiveness off the proposal.
  3. References, qualifications and experience of the firm’s project manager and proposed staff, including history of successful completion of similar projects.
  4. Availability of project manager and staff to complete the work tasks according to City needs.
  5. Cost effectiveness in the performance of similar work for other cities.
  6. Agree to comply with and satisfy the Terms and Conditions of the City of San Carlos’ Standard Professional Services Agreement.

Available Materials

1)    City of San Carlos General Plan

http://cityofsancarlos.org/generalplanupdate/whats_new_/san_carlos_2030_general_plan___adopted.asp

2)    San Carlos Municipal Code, Title 18 Zoning Ordinance

  • Residential Districts

http://www.codepublishing.com/CA/SanCarlos/#!/SanCarlos18/SanCarlos1804.html#18.04

  • Mixed-Use Districts

http://www.codepublishing.com/CA/SanCarlos/#!/SanCarlos18/SanCarlos1805.html#18.05

3)    Zoning Map

http://www.cityofsancarlos.org/planning/zoning_information/default.asp

Disclaimer

Non-Obligation

The City retains sole discretion to evaluate submittals and may make an award to the consultant(s) the City deems to be most responsive to the RFP.  Receipt of submittals in response to its RFP does not obligate the City in any way to engage any consultant and the City reserves the right to reject any or all submittals, wholly or in part, at any time, without penalty.  The City shall retain the right to abandon the RFP and selection process at any time prior to the actual execution of a contract with a consultant, and the City shall bear no financial or other responsibility in the event of such abandonment.  The City reserves the right to negotiate all final terms and conditions of any agreements entered into.

AGREEMENT FOR PROFESSIONAL SERVICES

 

This Agreement is made and entered into as of the _____ day of ____________, 20__ by and between the City of San Carlos hereinafter called "CITY" and ____________________ hereinafter called "CONSULTANT".

RECITALS

This Agreement is entered into with reference to the following facts and circumstances:

A. That CITY desires to engage CONSULTANT to render certain professional services in the CITY;
B. That CONSULTANT is qualified to provide such services to the CITY and;

THEREFORE, the CITY has elected to engage the services of CONSULTANT upon the terms and conditions as hereinafter set forth.

1.         Services.  The services to be performed by CONSULTANT under this Agreement shall include those services set forth in Exhibit A, which is, by this reference, incorporated herein and made a part hereof as though it were fully set forth herein.

Performance of the work specified in said Exhibit is hereby made an obligation of CONSULTANT under this Agreement, subject to any changes that may be made subsequently hereto upon the mutual written agreement of the said parties.

Where in conflict, the terms of this Agreement supersede and prevail over any terms set forth in Exhibit A.

2.         Term; Termination. (a) The term of this Agreement shall commence upon the date hereinabove written and shall expire upon completion of performance of services hereunder by CONSULTANT. (b) Notwithstanding the provisions of (a) above, CITY may terminate this Agreement without cause by giving written notice not less than ten (10) days prior to the effective date of termination, which date shall be included in said notice. In the event of such termination, CITY shall compensate CONSULTANT for services rendered, and reimburse CONSULTANT for costs and expenses incurred, to the date of termination, calculated in accordance with the provisions of paragraph 3. In ascertaining the services actually rendered to the date of termination, consideration shall be given both to completed work and work in process of completion. Nothing herein contained shall be deemed a limitationupon the right of CITY to terminate this Agreement for cause, or otherwise to exercise such rights or pursue such remedies as may accrue to CITY hereunder.

3.         Compensation; Expenses; Payment.  CITY shall compensate CONSULTANT for all services performed by CONSULTANT hereunder in an amount based upon CONSULTANT’s hourly rates during the time of the performance of said services. A copy of CONSULTANT’s hourly rates for which services hereunder shall be performed are set forth in CONSULTANT’s fee schedule marked Exhibit B hereof, attached hereto and by this reference incorporated herein.

Notwithstanding the foregoing, the combined total of compensation and reimbursement of costs payable hereunder shall not exceed the sum of _____________________ ($________________) unless the performance of services and/or reimbursement of costs and expenses in excess of said amounts have been approved in advance of performing such services or incurring such costs and expenses by CITY’s City Manager (for contracts less than $75,000 or authorized by City Council action for contracts $75,000 or more by motion duly made and carried).

Compensation and reimbursement of costs and expenses hereunder shall be payable upon monthly billing therefor by CONSULTANT to CITY, which billing shall include an itemized statement, briefly describing by task and labor category or cost/expense items billed.

4.         Additional Services. In the event CITY desires the performance of additional services not otherwise included within the services described in Exhibit A, such services shall be authorized in advance of the performance thereof by CITY’s City Manager (for contracts less than $75,000 or authorized by City Council action for contracts $75,000 or more by motion duly made and carried). Such amendment to this Agreement shall include a description of the services to be performed thereunder, the maximum compensation and reimbursement of costs and expenses payable therefor, the time of performance thereof, and such other matters as the parties deem appropriate for the accomplishment of such services. Any additional services causing the total contract price to exceed $75,000, shall require approval by the City Council.  Except to the extent modified by written amendment, all other terms and conditions of this Agreement shall be deemed incorporated in each such amendment.

5.         Records. CONSULTANT shall keep and maintain accurate records of all time expended and costs and expenses incurred relating to services to be performed by CONSULTANT hereunder. Said records shall be available to CITY for review and copying during regular business hours at CONSULTANT’s place of business or as otherwise agreed upon by the parties.

6.         Authorization.  This Agreement becomes effective when endorsed by both parties in the space provided below.

7.         Reliance on Professional Skill of CONSULTANT.  CONSULTANT represents that it has the necessary professional skills to perform the services required and the CITY shall rely on such skills of the CONSULTANT to do and perform the work. In performing services hereunder CONSULTANT shall adhere to the standards generally prevailing for the performance of expert consulting services similar to those to be performed by CONSULTANT hereunder.  CONSULTANT acknowledges the importance to CITY of the skill, competency, ability to appropriately work with CITY staff and expertise of individual staff assigned to the project, and accordingly the individuals assigned to the Project must be acceptable to CITY.

8.         Documents. All documents, plans, drawings, renderings, and other papers, or copies thereof, as finally rendered, prepared by CONSULTANT pursuant to the terms of this Agreement, shall, upon preparation and delivery to CITY, become the property of CITY.

9.         Relationship of Parties.  It is understood that the relationship of CONSULTANT to the CITY is that of an independent contractor and all persons working for or under the direction of CONSULTANT are its agents or employees and not agents or employees of the CITY.

10.      Schedule. CONSULTANT shall adhere to the schedule set forth in Exhibit A; provided, that CITY shall grant reasonable extensions of time for the performance of such services occasioned by governmental reviews of CONSULTANT’s work product or other unavoidable delays; provided, further, that such unavoidable delay shall not include strikes, lockouts, work stoppages, or other labor disturbances conducted by, or on behalf of, CONSULTANT’s officers or employees.

CONSULTANT acknowledges the importance to CITY of CITY’s Project schedule and agrees to put forth its best professional efforts to perform its services under this Agreement in a manner consistent with that schedule.

11.      Indemnity. CONSULTANT hereby agrees to defend, indemnify, and save harmless CITY, its Council, boards, commissions, officers, attorneys, employees and agents, from and against any and all claims, suits, actions liability, loss, damage, expense, cost (including, without limitation, costs of litigation and attorneys fees) of every nature, kind or description, which may be brought against, or suffered or sustained by, CITY, its Council, boards, commissions, officers, attorneys, employees or agents arising or resulting directly or indirectly from any act or omission of CONSULTANT, its officers, employees or agents in the performance of any services or work pursuant to this Agreement.

The duty of CONSULTANT to indemnify and save harmless, as set forth herein, shall include the duty to defend as set forth in Section 2778 of the California Civil Code; provided, however, that nothing herein contained shall be construed to require CONSULTANT to indemnify CITY, its Council, boards, commissions, officers, employees and agents against any responsibility or liability in contravention of Section 2782 of the California Civil Code.

12.      Insurance. CONSULTANT shall acquire and maintain Workers’ Compensation, employer’s liability, commercial general liability, owned and non-owned and hired automobile liability, and professional liability insurance covering risks relating to CONSULTANT’s services to be performed hereunder in form subject to the approval of the City Attorney and/or CITY’s Risk Manager. The minimum amounts of coverage corresponding to the aforesaid categories of insurance per insurable event, shall be as follows:

 

Insurance Category                   Minimum Limits

Workers’ Compensation              statutory minimum

Employer’s Liability                   $1,000,000 per accident for bodily injury or disease

Commercial General Liability        $1,000,000 per occurrence and $2,000,000 aggregate for bodily injury, personal injury and property damage

Automobile Liability                   $1,000,000 per accident for bodily injury and property damage (coverage required to the extent applicable to CONSULTANT’s vehicle usage in performing services hereunder)

[1]Professional Liability               $1,000,000 per claim and $2,000,000 aggregate

 

Concurrently with the execution of this Agreement, CONSULTANT shall furnish CITY with certificates and copies of information or declaration pages of the insurance required hereunder and, with respect to evidence of commercial general liability and automobile liability insurance coverage, original endorsements:

(a)       Precluding cancellation orreduction in per occurrence limitsbefore the expiration of thirty (30) days (10 days for nonpayment) after City shall have received written notification of cancellation in coverage orreduction in per occurrence limitsby first class mail;

(b)       Naming the City of San Carlos, its Council, officers, boards, commissions, attorneys, employees, and agents, as additional insureds; and

(c)       Providing that CONSULTANT’s insurance coverage shall be primary insurance with respect to CITY, its Council, officers, boards, commissions, attorneys, employees, and agents, and any insurance or self-insurance maintained by CITY for itself, its Council, officers, boards, commissions, employees, or agents shall be in excess of CONSULTANT’s insurance and not contributory with it.

Claims Made Policies

If any of the required policies provide claims-made coverage:   

1.  The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. 

2.  Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

3.  If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work. 

Verification of Coverage

Consultant shall furnish the CITY with original certificates and amendatory endorsements effecting coverage required by this clause.  All certificates and endorsements are to be received and approved by the CITY before work commences.  However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them.  The CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Waiver of Subrogation

Consultant hereby grants to CITY a waiver of any right to subrogation which any insurer of said Consultant may acquire against the CITY by virtue of the payment of any loss under such insurance.  This provision applies regardless of whether or not the CITY has requested or received a waiver of subrogation endorsement from the insurer. 

Acceptability of Insurers

Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

Special Risks or Circumstances

CITY reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Coverage

It is a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. 

Primary and Non-Contributory Coverage

The Additional Insured coverage under the Consultant’s policy shall be “primary and non-contributory” as will not seek contribution from the CITY insurance or self-insurance and shall be at least as broad as CG 20 01 04 12.

Excess Insurance

The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance.  Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of CITY before the CITY insurance or self-insurance shall be called upon to protect it as a named insured.     

13.      WORKERS' COMPENSATION.  CONSULTANT certifies that he is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and CONSULTANT certifies that he will comply with such provisions before commencing the performance of the work of this agreement.

14.      NON-DISCRIMINATION.  The CONSULTANT will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin.  The CONSULTANT will take affirmative action to insure that applicants are employed and the employees are treated during employment without regard to their race, color, religion, sex or national origin.  Such action shall include, but not be limited to the following:  employment, advancement, demotion, transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.  The CONSULTANT shall at all times be in compliance with the requirements of the Federal Americans With Disabilities Act (Public Law 101-336) which prohibits discrimination on the basis of disability by public entities.  The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause.

15.      Notice.  All notices required by this Agreement shall be given to the CITY and CONSULTANT in writing, by first class mail, postage prepaid, addressed as follows:

CITY:                          City of San Carlos

600 Elm Street

San Carlos, CA 94070

Attention: ____________________

CONSULTANT:  ____________________________

                    (Fill in CONSULTANT Name, Address, Phone Number, and Project Manager for CONSULTANT)

16.      Non-Assignment.  This Agreement is not assignable either in whole or in part.

17.      Amendments.  This Agreement may be amended or modified only by written agreement signed by both parties.

18.      Business Registration.      VENDOR agrees to comply with Chapter 5.04 of the Municipal Code and pay all fees required to be paid.

19.      Validity.  The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

20.      Governing Law.  This Agreement shall be governed by the laws of the State of California and any suit or action initiated by either party shall be brought in the County of San Mateo, California.  In the event of litigation between the parties hereto to enforce any provision of the Agreement, the unsuccessful party will pay the reasonable attorney’s fees and expenses of litigation of the successful party.

21.      Mediation.  Should any dispute arise out of this Agreement, the parties shall meet in mediation and attempt to reach a resolution with the assistance of a mutually acceptable mediator.  Neither party shall be permitted to file legal action without first meeting in mediation and making a good faith attempt to reach a mediated resolution.  The costs of the mediator, if any, shall be paid equally by the parties.  If a mediated settlement is reached neither party shall be deemed the prevailing party for purposes of the settlement and each party shall bear its own legal costs.  If a party refuses or fails to participate in mediation in good faith prior to filing a lawsuit, then that party shall be barred from recovery of attorneys fees and costs of suit. 

22.      Conflict of Interest.  CONSULTANT may serve other clients, but none who are active within the City of San Carlos or who conduct business that would place CONSULTANT in a "conflict of interest" as that term is defined in State law.

23.      Entire Agreement.  Each party acknowledges that this agreement, the exhibits hereto, and the documents incorporated by reference herein constitute the complete agreement and exclusive statement of the terms and conditions between the parties, which supercedes and merges all prior proposals, understandings and all other agreements, verbal and written, between the parties relating to the subject matter of this agreement. This agreement may not be modified or altered except by written instrument duly executed by both parties.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date first above written by their respective officers duly authorized in that behalf.

CITY OF SAN CARLOS

Dated: _________________________________

_________________________________

Jeff Maltbie, City Manager

ATTEST:

Dated: ________________________________

_________________________________

Crystal Mui, City Clerk

APPROVED AS TO FORM

Dated: _________________________________                                                          

_________________________________

Gregory J. Rubens, City Attorney

CONSULTANT

I have read, understand, and agree to comply with the provisions of this Agreement, including the Insurance and indemnity requirements set forth herein.

Dated:                                                           

Print Name of CONSULTANT Authorized to Sign


EXHIBIT A

SCOPE OF WORK AND SCHEDULE

EXHIBIT B

CONSULTANT’S FEE SCHEDULE


INSURANCE FORMS

CONSULTANT shall provide, in addition to the Certificates of Insurance, original Endorsement affecting the coverages specified in Section 11 - INSURANCE of the Agreement on the attached form.  No substitute form will be accepted.

ATTACHED

             1.         Insurance Coverage Form

This INSURANCE COVERAGE FORM modifies or documents insurance provided under the following:

Named Insured:  _________________________________                    

Effective Work Date(s): _________________________________


Description of Work/Locations/Vehicles: _________________________________

ADDITIONAL INSURED:                     City of San Carlos

                                                  600 Elm Street, San Carlos, CA 94070

                                                  Attention:       _________________________________

                                                                        Contract Administrator

Endorsement and Certificates of Insurance Required

The Additional Insured, its elected or appointed officers, officials, employees and volunteers are included as insureds with regard to damages and defense of claims arising from: (Check all that apply)

Insurer

Policy No.

  __    General Liability: (a) activities performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, (c) premises owned, leased occupied or used by the Named Insured, and/or (d) permits issued for operations performed by the Named Insured. {Note:  MEETS OR EXCEEDS ISO Form # CG 20 10 11 85}

   __   Auto Liability: the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Named Insured, regardless of whether liability is attributable to the Named Insured or a combination of the Named Insured and the Additional Insured, its elected or appointed officers, officials, employees or volunteers.

  __    Other:

Certificates of Insurance Required (no endorsement needed)(Check all that apply)

Insurer

Policy No.

   __   Workers Compensation:

   __  Professional Liability:

PRIMARY/NON-CONTRIBUTORY:  This insurance is primary and is not additional to or contributing with any other insurance carried by or for the benefit of Additional Insureds.

SEVERABILITY OF INTEREST: The insurance afforded by this policy applies separately to each insured who is seeking coverage or against whom a claim is made or a suit is brought, except with respect to the insurer’s limit of liability.

PROVISIONS REGARDING THE INSURED'S DUTIES AFTER ACCIDENT OR LOSS:Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the Additional Insured, its elected or appointed officers, officials, employees, or volunteers.

CANCELLATION NOTICE.  The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice (ten (10) days if canceled due to non-payment) by regular mail has been given to the Additional Insured.  Such notice shall be addressed as shown above.

WAIVER OF SUBROGATION: The insurer(s) named above agree to waive all rights of subrogation against the CITY/District, its elected or appointed officers, officials, agents, volunteers and employees for losses paid under the terms of this policy which arise from work performed by the Named Insured for the CITY/District.

Nothing herein contained shall vary, alter or extend any provision or condition of the Policy other than as above stated.

SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER

I, _______________________________________________________________(print/type name), warrant that I have authority to bind the above-named insurance company and by my signature hereon do so bind this company.

_______________________________________________________________

SIGNATURE OF AUTHORIZED REPRESENTATIVE

(original signature required)


ORGANIZATION: ___________________________________________

TITLE: ___________________________________________

ADDRESS: ________________________________________________

TELEPHONE:  ___________________________________     

DATE ISSUED: __________________________________

 



[1] Note:  Professional liability insurance coverage is not required if the contractor/vendor/consultant is not providing a service regulated by the state.  (Examples of service providers regulated by the state are insurance agents, professional engineers, doctors, certified public accountants, lawyers, etc.)  Please check and initial the following if professional liability is NOT required for this agreement.  € Recommended ______ [Project Manager] € Approved _______[Risk Manager]


Published on:

September 19, 2016
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