Contract Architect or Design Professional to serve on the City’s Residential Design Review Committee
RFP Issued: November 19, 2018
Submittals Due: December 17, 2018 by 5 p.m.
City of San Carlos
Community Development Department
600 Elm Street
San Carlos, CA 94070
The Planning Division of the City of San Carlos is seeking proposals from qualified architects or design professionals to enter into an Agreement for Professional Services to serve on the City’s Residential Design Review Committee (RDRC). The City is requesting proposals from persons or firms with expertise necessary to serve on the RDRC to hear public input and review additions and new single family residences.
The Planning Division intends to select up to three (3) individuals or consulting firms to serve as needed on the RDRC. Selected firms will be placed on an official list of qualified consultants who will be called upon to serve on the RDRC on an “as-needed” basis.
The Agreement for Professional Services is expected to serve at minimum for one (1) year with an option of an automatic one-year extension. This would be a paid position and compensated based on proposed hourly rates.
San Carlos is a General Law City of over 29,000 residents that encompasses five and a half square miles and is located halfway between San Francisco and San Jose. With excellent geography and livability, it strikes a rare balance between small town charm and big city access. A quaint village feeling both downtown and around the City is matched by a robust and diverse commercial and industrial sector on the east side. Like other communities on the Peninsula, San Carlos residents enjoy high property values and high household incomes.
The City is governed by a five-member City Council, with members selecting a Mayor for a one year term, and an appointed City Manager. There is great emphasis on public participation in local government and the citizenry is quite active as well. The City is currently experiencing a significant period of growth. Mixed-use development projects are in construction or proposed in the transit oriented portion of the City and the interest in employment uses is increasing in the eastern portion of the community. In addition, approximately 23 acres of the last remaining vacant land zoned single-family residential is expected to undergo planning review in the near future.
A comprehensive update to the San Carlos Zoning Ordinance was completed in 2011 following adoption of the San Carlos General Plan in 2009. The RDRC was formed in 2007 with Municipal Code updates to the residential design review process, replacing the former Exception Design Control Committee. The RDRC reviews and decides on additions to single family homes and new single family home developments. The City has recently (November 13, 2018) adopted a new maximum floor area limit for single family residential development due to community concern with the size of new or enlarged single-family homes. The RDRC is comprised of three members: one Planning Commissioner; a community member with professional design experience; and a licensed architect or design professional under contract with the City to serve on the RDRC (currently vacant).
ARCHITECTURAL/DESIGN SERVICES NEEDED
The Planning Division requests the services of qualified persons or firms to serve as a member of the RDRC. The consultant(s) will provide the range of design expertise necessary to hear public comments, review residential plans and make decisions on additions and new single family home developments. The consultant will not be tasked with re-designing projects, but rather providing design comments to the project applicant to guide them towards an acceptable re-submittal that meets the City’s zoning standards and design review criteria.
SCOPE OF SERVICES
- Review staff reports and architectural plans.
- Visit project sites.
- Attend RDRC public hearings as a Committee member. The RDRC has the ability to approve, modify or deny single family developments. The RDRC meets from 5:30 pm-7:00 pm on the first and third Monday of each month. Meetings are held in the Council Chambers at 600 Elm Street, San Carlos.
- Staff estimates about 5 hours per meeting to satisfy the above.
Qualified consultants shall possess the following:
- Five or more years of professional architectural or design work experience in the public or private sector.
- Demonstrable experience dealing with the public, planners, and applicants during the public review process of entitlement applications.
- Ability to make professional recommendations and provide design direction to project applicants in a clear and concise manner.
All proposals should include the following minimum information:
- COVER LETTER – Indicate interest and commitment to serve on the RDRC for the City of San Carlos. Include contact information (physical address, telephone, and email address) for the primary person responsible for the proposal who will be the point of contact for the City. Summarize the key points of relevant experience, interest and qualifications.
- BILLING STRUCTURE – Provide a list of hourly billing rates. Include all direct and indirect expenses and transportation fees.
- CITY CONSULTANT CONTRACT – Provide a statement indicating that the firm/individual has reviewed and agrees to the City’s Standard Professional Services Agreement, (Attachment A), and is able to meet the agreement and insurance requirements. Please indicate any exceptions.
In accordance with the Municipal Code, consultant selection shall be on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required and on fair and reasonable price.
Submittals will be evaluated based upon, but not limited to, the following criteria:
- Demonstrated understanding of the requested work and responsiveness to the request for proposals
- Experience with single family residential and demonstrated ability in working with highly active citizens
- Excellent communication skills, written and verbal
- Professional qualifications and experience of individuals likely to be assigned to the project
- Proposed compensation rates
- Reference recommendations
- Oral interview
Oral interviews of the most responsive individuals or firms are tentatively scheduled during the week of January 7, 2018. The City reserves the right to alter the selection process and/or project scope following the issuance of this RFP.
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 request for proposals. Receipt of submittals in response to its request for proposals 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 request for proposals 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.
The City may issue separate Requests for Proposals (RFPs) for Planning services at its discretion for current planning projects or City-initiated advance planning initiatives.
The City assumes no responsibility for delays caused by delivery service. Postmarking by the due date will not substitute for actual receipt.
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.
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".
This Agreement is entered into with reference to the following facts and circumstances:
- That CITY desires to engage CONSULTANT to render certain professional services in the CITY;
- 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 here under 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 here under 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 here under 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 here under 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 there under, 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 here under. 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 here under CONSULTANT shall adhere to the standards generally prevailing for the performance of expert consulting services similar to those to be performed by CONSULTANT here under. 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 here under 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 here under)
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 or reduction in per occurrence limits before the expiration of thirty (30) days (10 days for nonpayment) after City shall have received written notification of cancellation in coverage or reduction in per occurrence limits by 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.
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.
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
(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
Jeff Maltbie, City Manager
Crystal Mui, City Clerk
APPROVED AS TO FORM
Gregory J. Rubens, City Attorney
I have read, understand, and agree to comply with the provisions of this Agreement, including the Insurance and indemnity requirements set forth herein.
Print Name of CONSULTANT Authorized to Sign
SCOPE OF WORK AND SCHEDULE
CONSULTANT’S FEE SCHEDULE
 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 ___X___ [Project Manager] Approved _______[Risk Manager]