Downtown_Expansion_Plan_Development_Impact_Fee_and_Nexus_Study.pdf

Request for Proposal

No. RFP No. PW-0290

FOR

DOWNTOWN EXPANSION PLAN DEVELOPMENT IMPACT FEE

AND NEXUS STUDY

Contact: Claire Gallogly, Transportation Planner

Email: cgallogly@santacruzca.gov

RESPONSE DEADLINE: April 23, 2026, 4:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://procurement.opengov.com/portal/santacruzca

City of Santa Cruz

Downtown Expansion Plan Development Impact Fee and Nexus Study

I. INTRODUCTION

II. GENERAL INFORMATION FOR PROPOSERS

III. PROCESS INSTRUCTIONS

IV. EVALUATION CRITERIA

V. TERMS AND CONDITIONS

VI. PRELIMINARY SCOPE OF WORK

VII. PROPOSAL SUBMITTALS

Attachments:

A - 2025 PSA Template with Insurance Options

B - 2025.06.13 Infrastructure and ROM costs

C - Downtown Plan Expansion- Builldout Assumptions

D - Downtown Plan Appendix 8

#RFP No. PW-0290 Title: Downtown Expansion Plan Development Impact Fee and Nexus Study

1. INTRODUCTION

1.1. Summary

Project Overview

The City of Santa Cruz (“City”) requests proposals from qualified consultants to prepare a Nexus Study for development impact fees in compliance with the requirements of the Mitigation Fee Act (also known as “AB 1600,” California Government Code Sections 66000 – 66025) for the Downtown Plan Expansion area.

The City of Santa Cruz adopted the Downtown Plan Expansion in May 2025. The goal of this project is to provide documentation which demonstrates the nexus between the Downtown Plan Expansion developments and their impact on city infrastructure, and to justify the appropriate rates for a new impact fee.

The Downtown Plan Expansion has adopted buildout assumptions, and order-of-magnitude infrastructure cost estimates for elements included in the adopted policy documents. These buildout assumptions and cost estimates will be provided to the selected consultant. These inputs shall be reviewed, validated, and updated as necessary to support the Development Impact Fee and Nexus Study.

1.2. Background

The City of Santa Cruz was incorporated in 1866 and formed its current charter in 1948. It is governed under a Council/Manager form of government. A Mayor and six Council members set policy for the City and a City Manager serves as chief administrator of those policies. The City is located on the coast, 75 miles south of San Francisco on the northern edge of the Monterey Bay. It encompasses 15.8 square miles with cultural and ethnic diversity among its population of 65,000. Santa Cruz is part of the National

Marine Sanctuary and is a popular tourist destination owing to its beaches, surf culture, and historical landmarks.

The City provides a full range of municipal services and facilities including a recreational wharf, public golf course, over thirteen hundred acres of open space, full beach services, refuse management, law enforcement, fire protection, and water and wastewater utilities. The City is also host to University of

California Santa Cruz, the Santa Cruz Harbor, and the Santa Cruz Beach Boardwalk amusement park.

The City of Santa Cruz requests proposals from qualified firms for services to develop a new

Development Impact Fee and Nexus study for the Downtown Plan Expansion area. A successful proposer will have the ability to utilize the adopted plan and associated buildout assumptions and infrastructure plan to develop a new Development Impact Fee in compliance with the Mitigation Fee Act. This fee should support the planned land use and transportation elements of the Downtown Expansion Plan.

1.3. Contact Information

Claire Gallogly

Transportation Planner

Email: cgallogly@santacruzca.gov

Phone: (831) 420-5107 mailto:cgallogly@santacruzca.gov tel:(831)420-5107

Department:

Public Works

Department Head:

Nathan Nguyen

Public Works Director

1.4. Timeline

The City will make every effort to adhere to the following tentative schedule. All dates set forth in this

RFP are subject to change at the City’s sole discretion. Any change will be set forth in an addendum. All references in this RFP to “time” are Pacific Standard Time.

Release Project Date April 3, 2026

Pre-Proposal Meeting (Non-Mandatory) April 15, 2026, 11:00am https://teams.microsoft.com/meet/283554021504

75?p=ihOWNE9EAX6JNPvMOt

RFP Questions and Clarification Due Date April 17, 2026, 3:00pm

Proposal Submission Deadline April 23, 2026, 4:00pm https://teams.microsoft.com/meet/28355402150475?p=ihOWNE9EAX6JNPvMOt

2. GENERAL INFORMATION FOR PROPOSERS

2.1. Summary Scope of Work

All applicants must provide thorough and comprehensive responses that clearly demonstrate their team’s approach to and consistency with the below-mentioned standards.

The City invites qualified firms to respond to this Request for Proposal (RFP) for the project (“Project”) titled below:

Downtown Expansion Plan Development Impact Fee and Nexus Study

RFP No. RFP No. PW-0290

The City anticipates awarding a contract to a vendor for a 6 month term. The Proposer will provide the services outlined in Section PRELIMINARY SCOPE OF WORK.

The successful Proposer shall furnish all tools, equipment, materials, tax, apparatus, facilities, labor, transportation, supervision, and management, not specifically provided by the City, to complete the work described in this RFP. The successful Proposer will provide a brief statement of services, as detailed further in Section PRELIMINARY SCOPE OF WORK.

2.2. Contact

If you have any questions concerning this solicitation, please ask questions utilizing City’s e-Procurement

Question & Answer feature. This RFP document may be downloaded from the City’s e-Procurement

Portal at https://procurement.opengov.com/portal/santacruzca/projects/249976. For technical assistance, contact OpenGov using the real-time chat feature on the Portal (located in the lower right-hand corner of the screen), or via email at procurement-support@opengov.com for support. All questions must be received by 3:00 pm on Friday, April 17, 2026.

2.3. Proposal Submittal Due Date

Proposals are due no later than 4:00 pm on Thursday, April 23, 2026, to guarantee review. Proposals received after the deadline will be deemed non-responsive. All proposals will be submitted via City’s e-

Procurement Portal at: https://procurement.opengov.com/portal/santacruzca/projects/249976.

Proposers take full responsibility for City’s receipt of its Proposal. The City will not be liable for any expenses incurred by Proposers in responding to this solicitation, including but not limited to any costs associated with interviews.

It is the responsibility of the Proposer to ensure that electronic submittals are received by the City prior to the deadline.

2.4. Pre-Proposal Meeting

A pre-proposal meeting is scheduled on the date and time stated in the Timeline in INTRODUCTION

Section via video conference. The purpose of this meeting is to give Proposers the opportunity to familiarize themselves with the City’s requirements. Clarification and a review of the RFP process will be https://procurement.opengov.com/portal/santacruzca/projects/249976/document?section=2390557 https://procurement.opengov.com/portal/santacruzca/projects/249976/document?section=2390557 https://procurement.opengov.com/portal/santacruzca/projects/249976 https://procurement.opengov.com/portal/santacruzca/projects/249976 mailto:procurement-support@opengov.com https://procurement.opengov.com/portal/santacruzca/projects/249976 https://procurement.opengov.com/portal/santacruzca/projects/249976/document?section=2390555 discussed at the pre-proposal meeting. To expedite the sign-in process, the city will accept a company business card containing the attendee’s name and contact information, as a valid sign-in. Attendance at the pre-proposal conference is not mandatory, however, it is strongly encouraged.

Access to the pre-proposal video conference is available via the following:

https://teams.microsoft.com/meet/28355402150475?p=ihOWNE9EAX6JNPvMOt

Video Conference Link:

The City complies with the Americans with Disabilities Act. If you require reasonable accommodations in order to attend the pre-bid meeting, please call the contact listed in the INTRODUCTION section at least

48 hours prior to the meeting.

2.5. Responsiveness and Responsibility

When determining the Responsiveness of the proposal, the City may consider any of the following but not limited to:

A. Proposal received on time and completed per instructions.

B. Proposal contains required contents, forms and signatures submitted in accordance with RFP instructions.

C. Proposal is compliant with specifications and industry standards.

When determining the Responsibility of the Proposer, the City may consider any of the following but not limited to:

A. Possession of industry standard licensing and/or certifications.

B. Financial capacity of the Proposer.

C. Experience or past performance of the Proposer.

D. Use of Subcontractors / Subconsultants.

E. Past, Present and Pending Legal Actions.

F. Exceptions with City’s Terms and Conditions.

G. Anticipated adherence with Project delivery schedule.

H. Ability to respond to City’s inquiries for proposal clarification.

Proposers have the right to take exception to the specifications or terms and conditions of this RFP, however, such exceptions may deem the proposal non-responsible. Any exceptions taken must be explained in the proposal and submitted by the submittal due date. Any exceptions that contradict the

City’s terms and conditions or contain provisions that are not in the best interest of the City will disqualify the Proposer. If exceptions are not explained, the Proposer will comply with the specifications as stated in this RFP. Exceptions submitted after the proposal due date will not be accepted.

The City reserves the right to reject any or all proposals and to waive any informality or minor defect in proposals received.

2.6. Definitions

In this RFP document:

A. “Proposer” means contractor, firm, supplier, vendor, or consultant submitting a proposal to this

RFP.

B. “Proposal” means the complete submittal of Proposer to the City in response to this RFP, including any written documentation and oral interview responses.

C. “Subcontractor” means those performing any portion of the services as subcontractors, vendors, suppliers, and other business entities and individuals that is not the Proposer.

D. “Key Staff”, if required, means the employees of the Contractor or subcontractor(s) that will provide project leadership or expertise in lead technical services and are considered essential to the success of the Project.

E. “Contract” also means Purchase Order or Agreement.

3. PROCESS INSTRUCTIONS

3.1. Questions and Requests for Clarification and Addenda

Questions or concerns regarding any aspect of this RFP shall be sent via City’s e-Procurement Portal’s

Question & Answer feature and received by the date identified in Timeline in INTRODUCTION Section.

Any questions or objections not submitted within the time and manner stated above or to anyone other than the above-stated contact will be deemed waived. The City is not bound by the oral representation of any City employee or official. Answers to questions received will be sent out in the City's procurement portal.

The City may determine it is necessary to revise any part of this RFP. Revisions will be made by written addenda and it is the Proposer’s sole responsibility to comply with any addenda to this RFP. Addenda will be posted on the City’s e-Procurement Portal, https://procurement.opengov.com/portal/santacruzca/projects/249976, under Bidding Information.

3.2. Proposal Evaluation Criteria

RFP responses will be evaluated and ranked according to the evaluation criteria identified in the sub-sections Responsiveness and Responsibility in GENERAL INFORMATION FOR PROPOSERS section, below, by an evaluation committee composed of City staff. The evaluation committee will open and review the proposals in confidence. Proposals will be available to the public after the contract award.

After the initial proposal evaluation, the City may determine that additional information is needed to establish the final ranking of proposers. The semi-finalists will be contacted and may be asked to:

• Conduct a scenario-based demonstration of the equipment or service,

• Revise the submitted proposal for the purpose of obtaining best and final offers, and/or

• Provide additional information to assist City in determining the best value proposer.

The Evaluation Committee will use all information collected to rank the semi-finalists in order of their ability to best meet the requirements of the City. The City will begin negotiating a firm contract with the highest ranked Proposer. If no agreement can be reached, negotiations will begin with the next ranked

Proposer.

3.3. Responsiveness

Responsiveness is determined in accordance with meeting the minimum requirements in Sub-Section

Responsive and Responsibility of Section GENERAL INFORMATION FOR PROPOSERS to be responsive

(the submittal includes all of the required documentation).

3.4. Responsibility

Responsiveness is determined in accordance with meeting the minimum requirements in Sub-Section

Responsive and Responsibility of Section GENERAL INFORMATION FOR PROPOSERS to be responsive

(the submittal includes all of the required documentation).

The total maximum score for the evaluation of proposals is 100 percent (100%). Proposals will be evaluated by the EC using the Proposal Evaluation Criteria as set forth in Section EVALUATION CRITERIA.

https://procurement.opengov.com/portal/santacruzca/projects/249976/document?section=2390555 https://procurement.opengov.com/portal/santacruzca/projects/249976 https://procurement.opengov.com/portal/santacruzca/projects/249976/document?section=2390561 https://procurement.opengov.com/portal/santacruzca/projects/249976/document?section=2390562

Proposals that are deemed responsive, from a Proposer that has been deemed responsible, will be evaluated based on the Evaluation Criteria below. Evaluation and scoring of proposals will be based on how likely the proposal content meets or exceeds the performance requirements of this RFP.

3.5. Negotiations

Upon the City’s final ranking of proposals, the Proposers shall be prepared to enter negotiations to enter into the Contract. The City will first begin negotiations with the top-ranked Proposer(s). If the City and the top-ranked Proposer(s) do not reach an agreement, then the City may negotiate with the next highest-ranked Proposer. This process will continue until the City reaches an agreement with a

Proposer(s) or terminates the procurement. The City may begin negotiating with the next highest-ranked Proposer whenever the City determines that doing so is in its best interest, and the City may negotiate with more than one Proposer at the same time.

The failure of the highest-ranked Proposer to comply with any of the requirements of this section shall constitute grounds for the City to negotiate the agreement with the next top-ranked Proposer. Upon completion of successful negotiations, the City will issue a written Notice of Intent to Award (NOITA) letter to all Proposers which lists the “Successful Proposer” that the City recommends for award of an agreement.

3.6. Collusive or Sham Bids

No person, supplier, or corporation shall make or file or be interested in more than one bid for the same work, except so far as alternate bid may be called for. Nor shall any person, supplier, or corporation submit a collusive or sham bid, per se, directly or indirectly, to induce any other supplier to submit such a bid, or to refrain from responding, or seek in any way to fix the price, or any portion of the proposed price, in order to secure an advantage against the owner or any person interested in a proposed contract. However, a person, supplier, or corporation submitting a sub-bid to a proposer or quoting prices on materials for a bidder, is not hereby disqualified from submitting sub-bids or quoting prices to other bidders.

The proposer shall acknowledge that it has not directly or indirectly been collusive with any other proposer in the preparation and submission of the proposal by submitting the Non-Collusion

Declaration. If at any time it shall be found that the proposer to whom a contract has been awarded has, in presenting the proposal, colluded with any other party or parties, said proposer shall be liable to the City for all loss or damage which the City has or may suffer as the result of the collusive activity, including, but not limited to, the cost of advertising and awarding a new contract.

3.7. Public Record

Proposals received are the property of the City. All proposals, evaluation documents, and any subsequent contracts will be subject to public disclosure per the “California Public Records Act,” (CPRA)

California Government Code, sections 7920.000 – 7931.000. All documents related to this solicitation will become public records once discussions and negotiations with proposers have been fully completed and a Notice of Intent to Award (NOITA) letter to all Proposers is issued.

If Proposer’s proprietary information is contained in documents or information submitted to City, and

Proposer claims that such information falls within one or more CPRA exemptions, Proposer must clearly mark such information “Confidential and Proprietary,” and identify the specific lines containing the information. In the event of a public request for such information, City will make best efforts to provide notice to Proposer prior to such disclosure. If Proposer contends that any documents are exempt from the CPRA and wishes to prevent disclosure, it is required to obtain a protective order, injunctive relief, or other appropriate remedy from a court of law in Santa Cruz County before the City is required to respond to the CPRA request. If Proposer fails to obtain such remedy within the time the City is required to respond to the CPRA request, City may disclose the requested information without any liability to

Proposer. Proposer further agrees that it shall defend, indemnify and hold City harmless against any claim, action or litigation (including but not limited to all judgments, costs, and attorney’s fees) that may result from denial by City of a CPRA request for information arising from any representation, or any action (or inaction), by the Proposer.

3.8. Award Protests

The City desires to foster cooperative relationships with Proposers and to reach a fair agreement in a timely manner.

The City encourages Proposers to resolve issues regarding the RFP requirements or the procurement process through written correspondence and discussions at least 5 business days prior to the proposal due date. This will allow the City time to research the validity of any stated issues and either issue an addendum to the RFP, cancel the RFP, or determine the protest to be unfounded and proceed with the solicitation. In the event the protest of specifications is denied, and the protester wishes to continue in the protest process, the protesting Proposers must still submit a proposal in accordance with the proposal submittal procedures provided in this solicitation. Questions or concerns prior to the intent to award notice will be directed to:

Claire Gallogly, Transportation Planner, cgallogly@santacruzca.gov

Any Proposer who unsuccessfully bids on a City contract or any trade association representing workers who would have potentially been employed by such contract may formally protest a contract award.

Protests letters regarding a contract award will be directed to:

City of Santa Cruz

Nathan Nguyen, Public Works Director

809 Center St

Protests regarding the contract award must be received no later than 5 business days after the written

Notice of Intent to Award is sent by the City. The award protest must be in writing and include:

The name, address, and telephone number of the protester; The Project title, RFP Number, and RFP due date; A detailed statement of the legal and/or factual grounds for the protest; and the form of relief requested. Throughout the protest review process, the City has no obligation to delay or otherwise postpone an award of a contract.

Protests regarding the award resulting from this RFP must be delivered to

Nathan Nguyen, Public Works Director within 5 business days after the written Notice of Intent to Award is sent by the City. The Public Works Director will review the protest and issue a written response within

10 business days. The decision of the Public Works Director is final.

3.9. Debriefing

A debriefing may be held after the contract award with the City and a Proposer for the Proposer to receive information about the evaluation of their proposal. A Proposer shall submit a written request to the City for a debriefing shall within thirty (30) days after the issuance of the NOITA. The debrief conference will be allotted a maximum of thirty (30) minutes and will consist only of evaluating the requesting Proposer’s Proposal.

3.10. Contract Implementation

Upon award notification and prior to final contract approval, the successful proposer will be required to submit:

• Proof of insurance and prevailing wage compliance documentation as specified in Sub-Section

Insurance Requirements and Sub-Section Prevailing Wage in Section Terms and Conditions of this RFP;

• Documentation of all credentials necessary to legally perform the Project specified;

• A completed W9 form and, if applicable, non-resident withholding exemption form, if not already on file with the City; and

• Proof of a current City of Santa Cruz business tax certificate if the proposer is located in, or performs services within, the city limits for more than 6 days annually.

• The finalized contract will be in the form included as Appendix A Sample Agreement herein, and include the RFP documents, the Proposer’s response to RFP and Vendor Questionnaire, the

Budget as described in Cost Proposal, and any negotiated modifications agreed to by the parties.

3.11. Reservation of Rights

The City, at its sole discretion, reserves the following rights:

• To reject any or all proposals or information received pursuant to this RFP;

• To waive any informality or minor defects in proposals received;

• To supplement, amend, substitute, or otherwise modify this RFP at any time by means of written addendum;

• To cancel this RFP with or without the substitution of another RFP or prequalification process;

• To cancel the scope of services awarded through this RFP process with or without the substitution of another RFP or prequalification process;

• To request additional information from a Proposer;

• To bid separately any item or items where it is determined by the Purchasing Manager that:

o A substantial savings in cost will result due to a large quantity purchase, or o The commodity is not appropriately classified under this specification contract.

o To verify the qualifications and experience of each Proposer;

• To require one or more Proposers to supplement, clarify, or provide additional information in order for the City to evaluate proposals submitted.

3.12. Environmental Conservation and Sustainable Living

The City of Santa Cruz has long been an advocate for environmental conservation and sustainable living.

This includes, but is not limited to, the Green Business Program, the Living Wage Ordinance, the Clean

Ocean Business Program, the Green Building Program and Climate Action Plan 2030 goals which define greenhouse gas reduction objectives to reduce community-wide greenhouse gas emissions 40 percent by 2030 and 100 percent by 2035 (compared to 1990 levels). In your proposal, please provide information about your company regarding any existing environmental conservation goals or guidelines, environmental or greenhouse gas emissions disclosures, Green Business certifications, existing alternative fuel service vehicles, superior employee benefit policies, or other applicable policies.

3.13. Financial Responsibility

The City accepts no financial responsibility for any costs incurred by a Proposer in responding to this

RFP. Proposers acknowledge and agree that their Proposals will become the property of the City and may be used by the City in any way deemed appropriate.

4. EVALUATION CRITERIA

4.1. Phase 1

No. Evaluation Criteria Scoring Method Weight (Points)

1. Adherence to RFP Requirements

To be considered responsive, the proposal shall include the information detailed in this section. The proposer must provide information in the proposal in the same order as shown below. The proposal shall be separated into the subheadings referenced below. Failure to provide this information may result in a proposal being considered non-responsive to requirements.

Proposal Format

Proposals should be organized as follows:

• Cost Proposal: Provide a comprehensive cost proposal uploaded separately in the

Procurement Portal.

• Written Technical Proposal

• Proposals will be deemed non-responsive and removed from further consideration if the Proposal is not received in accordance with the terms of this RFP or the Proposer does not meet the basic minimum qualifications and proposal requirements set forth in this RFP.

Proposals shall be typed, as concisely as possible, and shall not include any unnecessary promotional material. The Proposer shall provide the information required in this

Evaluation Criteria section and comply with the maximum page limitations provided for each subsection of the proposal. The RFP Required

Submittal Documents do not count toward applicable section page limits.

Resumes, if requested, shall be included as a separate attachment. Number every page sequentially beginning with the cover page, including any text, charts and graphic pages, including attachments and exhibits. If used, narrative pages shall be used sparingly and only where required to convey related information that cannot be accommodated.

The proposal shall use Arial or a similar, easily readable font. A minimum of 11-point font size and 1.25-line spacing is required for text.

Narrow or condensed fonts are not

0-100 Points 5 (5% of Total) permitted. Font restrictions do not apply to attachments. Different size fonts will be allowed for headings, charts, tables, and graphics and must be easily readable.

2. Firm Background Information

This section must include the following

(maximum 2 pages):

A. Legal name, addresses, telephone numbers of the principal office

(national headquarters) and local office. Include the same information if services will be provided from additional locations.

B. Year established and history.

C. Business entity status (i.e., partnership, corporation, LLC).

D. Indicate if Proposer has defaulted in its performance of an agreement or project during the past five (5) years which has led the other party to terminate the agreement and if so, the identity of the parties involved and the circumstances of the default or termination.

E. Respond to the following:

1. Explain any pending litigation, liens, or claims involving your organization.

2. Has your company filed for bankruptcy in the last ten (10) years?

F. Provide information about your company regarding environmental conservation practices or objectives, Green Business certifications, alternative fuel service vehicles, superior employee benefit policies, or other applicable policies that align with Sub-Section Environmental

Conservation and Sustainable Living in Section Process Instructions.

0-100 Points 10 (10% of Total)

3. Team Qualifications, Expertise, and

Experience

In this section (maximum 5 pages), include the following:

A. Provide the names, qualifications, certifications, and relevant technical experience of personnel and subcontractors of the proposed project team who will perform the services described in Section

Preliminary Scope of

Services. Include details about their experience with similar projects with comparable magnitude.

If awarded the contract, the Proposer shall make every effort to ensure that the staff resources identified in the proposal will be available for the Project. If staff identified in the proposal are not available, the City reserves the right to review and approve alternate personnel.

0-100 Points 10 (10% of Total)

4. Technical Approach and Work Plan

A. Technical Approach: Describe your approach to completing Section

Preliminary Scope of

Services. Identify deliverables and key decision points. Provide comments regarding the proposed

Section Preliminary Scope of

Services. This may be used as an opportunity to expand upon your team’s specific experience and expertise, and to outline any changes you believe would help achieve the

Project’s goals and objectives.

B. Work Plan: Describe how the project team will fulfill the Section

Preliminary Scope of

Services. Include a detailed project schedule in the Project Schedule

Document. Provide a matrix of personnel, tasks, and an estimated effort in hours.

The work plan shall include a process for delivery of the range of services outlined in

Section Preliminary Scope of Services. To the extent possible, the proposal shall reflect the roles and responsibilities of team members in the major tasks outlined in the Section

Preliminary Scope of Services and strategies to accommodate the staffing needs for each task order. As appropriate, include tools and techniques you could use in addressing challenges and delivering services outlined in

Section Preliminary Scope of Services.

Proposers shall address all major tasks outlined in Section Preliminary Scope of Services and as appropriate, suggest supplemental tasks/sub-tasks for incorporation into the final

Section Preliminary Scope of Services.

0-100 Points 50 (50% of Total)

5. Cost Proposal

Cost/Pricing is a factor in this selection.

Proposers must complete and submit a Cost

Proposal. It is the Proposer’s responsibility to state all costs to provide the services outlined in Section Preliminary Scope of Services. Costs shall include, but not be limited to, direct labor, overhead, fringe benefits, profit, subcontractors, other direct costs (ODC) such as materials, supplies, taxes, and travel. A

Proposer’s failure to submit a Cost Proposal will deem the submittal non-responsive.

Include the Cost Proposal with the Electronic

Response.

The price will be evaluated in the following manner:

This portion of the proposal will be evaluated based on the reasonableness of the proposed costs. Costs will be evaluated as compared to costs the City or other comparable public agencies have paid for similar services and with the industry’s standard and customary costs for the services.

0-100 Points 20 (20% of Total)

6. References

In this section (maximum 5 pages), provide the following:

A. Three (3) Client References that provide former clients and representative projects undertaken in the last five (5) years which demonstrate relevant experience with the Project.

B. For each project identified above, provide a project description, project costs, dates of engagement, project owner, and member(s) of the proposed team for this RFP that participated in the project, including any subcontractors that worked on the project.

C. For each reference, provide the name of the agency/firm, and contact person’s name, title, address, phone number, and email address. Please ensure that the contact information is accurate for each reference.

The City reserves the right to:

• Check as many references that the

City deems necessary.

• Assess a Proposer’s past performance.

• Contact references that the City determines are representative projects demonstrating experience relevant to this RFP.

• Check any other reference(s) that might be indicated through the specified contacts or that result from communication with other entities involved with similar projects.

• Include other industry sources and users of similar services known to the

City.

0-100 Points 5 (5% of Total)

• Contact client references for only shortlisted Proposers.

It is the responsibility of the Proposer to ensure the client reference contact person is available and willing to provide a reference within the timeframe stated in this section. The client reference score/weight shall have no bearing on any other evaluation criteria.

4.2. Phase 2

No. Evaluation Criteria Scoring Method Weight (Points)

5. TERMS AND CONDITIONS

5.1. City’s Standard Terms and Conditions

The City of Santa Cruz standard Terms and Conditions shall govern this contract. Review the terms and conditions here; all terms including, but not limited to, insurance apply to the contract resulting from this solicitation. A current copy of these terms will be included in the resulting contract as Exhibit A

Scope of Work. A hard copy of the Terms and Conditions is available by contacting the City’s Purchasing

Division at (831) 420-5080.

5.2. Insurance Requirements

Proposer will provide Certificate of Insurance(s) for Professional Liability, Commercial General Liability, Auto Liability, and Workers’ Compensation as stated in the City’s standard Terms and Conditions. The

City reserves the right to adjust the insurance terms provided based on the type and scope of project proposed by the Proposer.

5.3. Prevailing Wages and Labor Compliance

Prevailing Wages do not apply to this contract.

5.4. Living Wage

Proposers agree to comply with the requirements of the Living Wage Ordinance as provided in Santa

Cruz Municipal Code Chapter 5.10.

5.5. Contract Period

The term of the contract will commence upon notification of award and continue for a period of 6 months plus any renewals agreed to by the parties and made in writing.

5.6. Equal Employment Opportunity and Non-Discrimination

City’s policies promote a working environment free from abusive conduct, discrimination, harassment, and retaliation; and require equal opportunity in employment for all regardless of race, religious creed

(including religious dress and grooming practices), color, national origin (including language use restrictions), ancestry, religion, disability (mental and physical), medical condition, sex, gender (including gender identity and gender expression), physical characteristics, marital status, age, sexual orientation, genetic information (including family health history and genetic test results), organizational affiliation, and military or and veteran status, or any other consideration made unlawful by local, State or Federal law. City requires Consultant to be in compliance with all applicable Federal and State and local equal employment opportunity acts, laws, and regulations and Consultant is responsible for ensuring that effective policies and procedures concerning the prevention of abusive conduct, discrimination, harassment, and retaliation exist in Consultant’s business organization. The City’s current Equal

Employment Opportunity and Non-Discrimination policies to which this Section applies may be viewed at http://www.codepublishing.com/CA/SantaCruz/?SantaCruz09/SantaCruz0983.html and http://www.cityofsantacruz.com/home/showdocument?id=59192. Copies are available upon request from the City’s Purchasing Division.

http://www.cityofsantacruz.com/home/showdocument?id=9259 http://www.codepublishing.com/CA/SantaCruz/?SantaCruz09/SantaCruz0983.html http://www.cityofsantacruz.com/home/showdocument?id=59192.

http://www.cityofsantacruz.com/home/showdocument?id=59192.

5.7. Indemnification

To the fullest extent permitted by law, Proposer agrees to indemnify, defend, and hold harmless the

City, its officials, officers, employees, agents, and volunteers (collectively, “Indemnitees”) from and against any and all liability, claim, action, loss, injury, damage, judgment, or expense, including attorneys’ fees and costs (“Losses”) caused by or resulting from the negligence, recklessness, or willful misconduct of Proposer, Proposer’s officers, employees, agents, or subcontractors in any way related to this solicitation, including but not limited to Proposer’s Proposal. Proposer’s duty to indemnify and hold harmless Indemnitees shall not apply to the extent such Losses are caused by the sole or active negligence or willful misconduct of Indemnitees, as determined by an adjudicatory body or court of competent jurisdiction, if applicable. The obligation to defend shall arise regardless of any claim or assertion that Indemnitees caused or contributed to the Losses.

In the event this Agreement involves the performance of design professional services by Proposer, Proposer’s officers, employees, agents, or subcontractors, Proposer’s costs to defend Indemnitees shall not exceed the Proposer’s proportionate percentage of fault per Civil Code §2782.8. This section shall survive the termination or expiration of the Agreement.

5.8. Performance Bond/Payment Bond

Bonding requirements for federally funded contracts are subject to the following federal directives:

Bidder’s security of ten percent of the bid price for all public works contracts at the time of Bid submittal

(Public Contract Code Section 20483(a)).

A. Performance bond equal to 100-percent of the contract price for all public works contracts.

B. Payment bond for all public works contracts of at least:

C. 50-percent of the contract price if the contract price does not exceed $1 million.

1. 40 percent of the contract price if the contract price exceeds $1 million but is not more than

$5 million; or

2. $2.5 million if the contract price exceeds $5 million.

Within ten (10) business days, not including legal holidays, of contract award, the successful Proposer must submit a performance bond and payment bond, executed by the Contractor and the Surety. All bonds must be issued by California admitted Sureties.

Should any surety or sureties be deemed unsatisfactory by the City, a notice will be given to the

Contractor. The Contractor shall promptly substitute a new surety or sureties satisfactory to the City. No further payment shall be deemed due or will be made under the contract until the new sureties are accepted by the City.

At its sole discretion, the City may allow the Contractor to provide bonds from multiple sureties to meet the bond requirements.

6. PRELIMINARY SCOPE OF WORK

6.1. Project Objectives

The City of Santa Cruz (“City”) requests proposals from qualified consultants to prepare a Nexus Study for development impact fees in compliance with the requirements of the Mitigation Fee Act (also known as “AB 1600,” California Government Code Sections 66000 – 66025) for the Downtown Plan Expansion area.

The City of Santa Cruz adopted the Downtown Plan Expansion in May 2025. The goal of this project is to provide documentation which demonstrates the nexus between the Downtown Plan Expansion developments and their impact on city infrastructure, and to justify the appropriate rates for a new impact fee.

The Downtown Plan Expansion has adopted buildout assumptions, and order-of-magnitude infrastructure cost estimates for elements included in the adopted policy documents. These buildout assumptions and cost estimates will be provided to the selected consultant. These inputs shall be reviewed, validated, and updated as necessary to support the Development Impact Fee and Nexus Study.

The end result of this effort will be a new Development Impact Fee with supporting Nexus Study that is ready to be presented to City Council for review and adoption.

6.2. Minimum Qualifications

The selected firm will have experience with preparing municipal Development Impact Fees and Nexus

Studies in compliance with the Mitigation Fee Act (also known as “AB 1600,” California Government

Code Sections 66000 – 66025). The firm should have no fewer than five years in performing economic analysis, impact fee analysis, and nexus studies for municipal clients. Reference checks may be used in evaluation of proposals. The firm should have sufficient qualified personnel to carry out the project tasks in a timely fashion.

6.3. Scope of Work

The City of Santa Cruz (“City”) requests proposals from qualified consultants to prepare a Nexus Study for development impact fees in compliance with the requirements of the Mitigation Fee Act (also known as “AB 1600,” California Government Code Sections 66000 – 66025) for the Downtown Plan Expansion area.

The desired scope of work includes the following:

Task 1: Project Initiation and Data Review

• Conduct a kickoff meeting with City staff to clarify and confirm project goals, timelines, and deliverables.

• Review all relevant documents, including:

o Downtown Expansion Plan o Adopted land use assumptions and buildout projections o Infrastructure cost estimates for infrastructure in the Downtown Plan Expansion area

• Identify data gaps and request additional information

Task 2: Needs Assessment

• Identify assumptions to be incorporated into the Nexus Study for existing population and existing public facilities, adopted buildout assumptions for Downtown Plan Expansion Area, and existing rough order of magnitude infrastructure costs for infrastructure upgrades included in Downtown Plan Expansion.

• Evaluate the City’s existing public facilities infrastructure and capacities in the context of any existing planning documents and capital improvement plans (as required by Government Code Section 66016.5(a)(6)), and as compared to existing demands for services from existing populations. Identify existing levels of service in accordance with Government Code Section 66016.5(a)), for the public facilities proposed to be funded by impact fees.

• Identify the bases for determining public facility standards for new development and for estimating costs for those public facilities. Consider relevant City policy documents such as the General Plan. As an example, the nexus study template authorized by Government Code Section 66016.5(a)(9), the “Impact Fee Nexus Study Templates” (dated December 2023 from the Terner Center) identifies the possible use of any one of a demand standard, a design standard, or a cost standard.

• Document the existing and proposed new levels of service of public facilities funded by impact fees, including any explanation required by Government Code Section 66016.5(a)(2).

• Review existing rough order of magnitude infrastructure costs for infrastructure upgrades included in Downtown Plan Expansion. Update costs as needed using current construction cost indices, escalation factors, and appropriate contingencies

Task 3: Nexus and Proportionality Analysis

• Conduct a nexus analysis to establish the connection between the impacts from new developments on the proposed public facilities, and the benefits received by new developments from the proposed public facilities.

• Quantify the proportional share of costs attributable to each category of new development project for each category of public facilities.

Task 4: Fee Structure Development

• Develop a fee schedule for each category of development project

• Calculate fees based on the nexus and proportionality analysis with charges based per-square-foot of new development (in accordance with Government Code Sections 66016.5(a)(5) and 66324).

Task 5: Prepare Nexus Study

• Develop a Nexus Study in accordance with the Mitigation Fee Act (particularly Government Code Sections 66016.5 and 66001) to document the required bases for the City to impose development impact fees imposed on new development projects within the Downtown Plan Expansion area.

• Description of the overall methodology

• Supporting justification

• The analysis and calculations that provide each legal nexus between the recommended fee and the impact created by the new development

• Prepare summaries of proposed impact fee to inform the public regarding the proposed fees.

6.4. Responsibilities of City

The City of Santa Cruz will be responsible for providing the following:

• Point of contact/project manager throughout the project

• All existing buildout assumptions for Downtown Plan Expansion area

• All existing ROM costs for planned infrastructure

• Review and approval of CONSULTANT deliverables

7. PROPOSAL SUBMITTALS

7.1. Proposal Response*

By confirming, the proposer is affirming to the following:

The proposer, upon acceptance, agrees to furnish the following in accordance with the specifications and terms and conditions per City of Santa Cruz “Request for Proposals for Downtown Expansion Plan

Development Impact Fee and Nexus Study” at the prices indicated herein.

The proposer, under penalty of perjury, declares not to be a party with any other business to an agreement to propose a fixed or uniform price in connection with this proposal.

The proposer declares under penalty of perjury that she/he is authorized to submit this proposal and bind the business or organization to the terms of this Proposal.

The proposer recognizes the right of the City of Santa Cruz to reject any or all proposals received and to waive any informality or minor defects in proposals received.

The proposer declares under penalty of perjury that the information contained in this Proposal and all accompanying documents are true and correct.

☐ Please confirm

*Response required

7.2. Technical Proposal*

*Response required

7.3. Cost Proposal*

Proposers must complete and submit a Cost Proposal with their Proposal submittal by the Proposal

Submittal Due date. It is the Proposer’s responsibility to state all costs required to provide the services outlined in Section Preliminary Scope of Services. Costs shall include, but not be limited to, direct labor, overhead, fringe benefits, profit, subcontractor costs, and other direct costs (ODC) such as materials, supplies, taxes, and travel. A Proposer’s failure to submit a Cost Proposal will deem the Proposal non-responsive.

*Response required

7.4. Non-Collusion Declaration*

By confirming, the proposer, the party making the foregoing proposal declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the Consultant has not directly or indirectly induced or solicited any other Consultant or Sub-Consultant to put in a false or sham proposal; and has not directly or indirectly colluded, conspired, connived, or agreed with any

Consultant, Sub-Consultant or anyone else to put in a sham proposal, or that anyone shall refrain from proposing; that the Consultant has not in any manner directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the Consultant or any other

Consultant or Sub-Consultant, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other Consultant or Sub-Consultant, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the Consultant has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, proposal depository, or to any member or agent thereof to effectuate a collusive or sham proposal.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

☐ Please confirm

*Response required

7.5. Optional Piggybacking Clause: Do you agree to extend pricing to other public agencies under this agreement. * Indicate whether your business will extend the pricing, terms and conditions of this bid to other government agencies, if you are the successful proposer. Your business would be required to make this contract available to interested agencies. Interested government agencies may enter into their own contract with the successful Contractor. They may negotiate minor changes in terms and conditions.

Will your business extend the same prices, terms and conditions to other public agencies?

☐ Yes

☐ No

*Response required

7.6. LOCAL PREFERENCE CERTIFICATION

Local Businesses and Locally Owned Businesses must submit this certification with each bid or proposal in order to receive the 2% and additional 4% preference applied during the evaluation of any competitive process for goods, supplies, equipment, materials, services, or professional services.

Local Businesses

To qualify for the 2% local business preference, a business must meet the following criteria:

7.6.1. Does the business have an office with at least one employee located in the City of Santa Cruz?* ☐ Yes

☐ No

*Response required

When equals "Yes"

7.6.2. Business Address:*

*Response required

7.6.3. Is the business current in the payment of all taxes, charges, assessments, or fees owed to the City of Santa Cruz? *

☐ Yes

☐ No

*Response required

7.6.4. Does the business hold a valid City of Santa Cruz business license?* ☐ Yes

☐ No

*Response required

When equals "Yes"

7.6.5. DBA/license number:*

*Response required

7.6.6. Locally Owned Businesses

To qualify for an additional 4% locally owned business preference, a business must meet the above requirements for a local business and at least 50% of the business’ owners must live in the County of

Santa Cruz.

To qualify for the locally owned business preference, list all of the business’ owners and their county of residence.

• Owner Name, County

7.6.7. By submitting information for Local Preference, I represent that I qualify as a

(check all that apply):* ☐ Local Business

☐ Locally Owned Business

☐ None of the above

*Response required

7.6.8. I understand that by submitting false information or failing to disclose material information in order to qualify for the preference my business will be 1) required to pay the city any difference between the contract amount and what the city’s cost would have been if the contract had been properly awarded, and

2) prohibited from bidding on any city contract or receiving any city contract for a period of three years of the discovery of facts supporting the same.* ☐ Please confirm

*Response required

7.6.9. Acknowledgment of Addenda and Question and Answer*

In order to submit a proposal, the vendor acknowledges that they have read all addenda, and questions and answers posted for this solicitation.

☐ Please confirm

*Response required

7.7. California Levine Act Disclosure Statement

As a party to a proceeding, you are required to comply with the following Levine Act Disclosure

Statement:

C…