CITY OF SAN JUAN CAPISTRANO

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1 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) ARCHITECTURAL CONTROL (AC) HOTEL CAPISTRANO BY KIMPTON INN SUBMIT OR YOUR PROPOSAL BY 5:00 PM ON FRIDAY, MARCH 25,2016 TO: City of San Juan Capistrano Attn: Mathew Evans, Contract Planner Development Services Department Paseo Adelanto San Juan Capistrano, California (949) INTRODUCTION 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

2 Hotel Capistrano - 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 townhouse-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 and AC 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.

3 Hotel Capistrano - Kimpton 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 to 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.

4 Hotel Capistrano - Kimpton Inn 4 City of San Juan Capistrano 6. AGREEMENT /INSURANCE REQUIREMENTS 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 (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

5 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 to: 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) Project Description, Architectural Control (AC) Scope of Work Requirements 4-Standard City Professional Services Agreement (PSA)

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