REQUEST FOR PROPOSALS
Consultant for Tiny Homes Ordinance and Zoning
Updates
-- CITY OF MERCED –
September 7, 2022
Request for Proposals for Tiny Homes Ordinance and Zoning Updates September 7, 2022
REQUEST FOR PROPOSALS - OUTLINE
I. Project Overview
II. Background Information
City of Merced
III. Project Details and Scope of Work
Project Approach
Environmental Review
Project Schedule/Timeline for Milestones & Deliverables Scope of Work
Budget
IV. Requested Consultant Services
Preferred Consultants
Milestones/Deliverables
Roles
Expertise
Meetings
V. Consultant Scope of Services
Deliverables and Budget
Past Projects of Similar Nature
Who is the Project Team?
Team Member Resumes
Other
VI. RFP Logistics and Process
City Contact
RFP Due Date
Interview Format
Who Decides?
Review and Selection Schedule
VII. Contractual Topics and Conditions for Responses
Request for Proposals for Tiny Homes Ordinance and Zoning Updates September 7, 2022
I. PROJECT OVERVIEW
The City of Merced requests competitive sealed proposals from qualified consultants to create an ordinance for Tiny Homes and for various Zoning Code updates to address Pro-Housing policies.
The goal is to prepare a Tiny Home Ordinance, that will establish specific zoning districts (Planned Developments, small lots, etc.) where such homes will be allowed and to establish design standards for such homes. In addition, the City has recently adopted a Pro -Housing Strategy which will require updates to the City’s Zoning Code (Title 20) including, but not limited to, updates to the Density Bonus chapter to conform with recent changes to State law, the establishment of objective standards for residential development, changes required by SB 9, and other changes that might be needed to implement the City’s Pro-Housing strategy and recent changes to State law.
The City Council of the City of Merced has set housing and homelessness as major goals and priorities. To implement projects, programs, and activities that address the production of housing for all income levels the Council identified some broad concepts that will be implemented through the work outlined within this RFP. These concepts include modifications to the Zoning Code which encourage affordable by design, expansion of housing choices - variety, streamlined procedures including more by right, and increased flexibility. In addition to the specific items listed above the City is also seeking the preparation of a memorandum or concept paper which takes into consideration these concepts and provides recommendations or suggestions for potential updates to other sections including Planned Development (PD), Urban Residential Overlay (/UR), and Small Lot Single Family Homes. The City is also seeking a peer review of our current SB 35
Request for Proposals for Tiny Homes Ordinance and Zoning Updates September 7, 2022
application process and recommendations. Key statements in this RFP are shaded red. For a general overview, please review those sections.
Goals and Objectives: This project aims to update certain zoning code sections and to create a new Tiny House Ordinance to address pro-housing policies.
Objectives:
• Supports the City Council’s direction to provide increased housing choices and encouraging affordability by design.
• Promotes strategic infill growth objectives of SB9 to provide increased urban development options.
• Update the City’s Zoning Code to be in synch with current State law.
This effort should include the following:
• Create a comprehensive, yet easy to understand, Zoning Code for Tiny Houses (it may be part of a current chapter or a standalone chapter).
• Evaluate the City’s current Zoning Ordinance (Title 20) for conformity to State law, mostly in areas of the Code dealing with residential development , as well as commercial design standards.
• Prepare updates to the Zoning Code as needed to address State law and the City’s Pro-Housing policies.
• Prepare the zoning ordinance changes for adoption and present ation to the Planning Commission and City Council.
Request for Proposals for Tiny Homes Ordinance and Zoning Updates September 7, 2022
Funding: The City of Merced is funding this effort through Planning Grants Programs, SB2 & LEAP, from the State of California Department of Housing and Community Development.
Timeline: The Project Timeline sought by the City for this project is approximately 9 months from start to finish.
PROPOSALS ARE DUE AT 5:00 P.M.
ON FRIDAY, SEPTEMBER 30, 2022
II. BACKGROUND INFORMATION
City of Merced
Located in the heart of the San Joaquin Valley, the City of Merced is the Merced County seat as well as the retail commercial center for the surrounding region. Known as the “Gateway to Yosemite” because of its historic status as a stopping
place for visi tors on their way to Yosemite, Merced is just 80 miles from the national park. Merced is home to the University of California, Merced campus, which
opened in 2005 and ha s a student population of about
10,000 students. UC Merced students add youthful
diversity to the City and Central Valley.
Merced is approximately 150 miles southeast of San
Francisco and is one of a chain of cities located along State Highway 99. Highway 99 is one of the two main
north-south arteries connecting Southern California to
the Pacific Northwest region. The City of Modesto is
located 40 miles, Stockton 65 miles, and Sacramento 100 miles to the north of Merced along Highway 99. The
City of Fresno is 55 miles and Bakersfield is 165 miles to the south along Highway 99.
Regional Location
MERCED
Turlock
Hwy 99
I-5
Request for Proposals for Tiny Homes Ordinance and Zoning Updates September 7, 2022
Merced City Limits are generally bounded on the west by State Highway 59 and Thornton Road, on the east by McKee
and Tower Roads, on the
north by Old Lake Road,
and on the south by
Dickenson Ferry Road
and Mission Avenue.
The City of Merced
covers approximately
23.1 square miles (or
approximately 14,800
acres) and ha s a
population of nearly
88,000.
Merced was
incorporated in 1889 and
operates under the
Council-Manager form of government. Merced's population has grown faster than the state average since 1980. Over the past nine years, the annualized growth rate is about 3.4%. This rapid expansion of population has stimulated significant retail growth.
Over the past few years, the housing market has drastically changed, Merced has barely a 1% vacancy rate. The City is taking strides to increase the housing market with new development that includes affordability.
Request for Proposals for Tiny Homes Ordinance and Zoning Updates September 7, 2022
III. PROJECT DETAILS AND SCOPE OF WORK
The Project timeline and budget are set by terms of the agreement between the City and the consultants. These factors and other topics are described here.
A. Project Approach
The City seeks assistance from consultants with specialized skills to draft a new Tiny Homes Ordinance and to prepare various updates to the City Zoning Ordinance to comply with current State law and the City’s Pro -Housing Policies. The goal is to prepare a Tiny Home Ordinance, that will establish specific zoning districts (Planned Developments, small lots, etc.) where such homes will be allowed and to establish design standards for such homes. In addition, the City has recently adopted a Pro -Housing Strategy which will require updates to the City’s Zoning Code (Title 20) including, but not limited to, updates to the Density Bonus chapter to conform with recent changes to State law, the establishment of objective standards for residential development, changes required by SB 9, and other changes that might be needed to implement the City’s Pro - Housing strategy and recent changes to State law. After the consultant’s review of the current Zoning Code, the required Zoning Code Amendments will be defined in detail prior to preparation by the consultant.
B. Environmental Review
City staff will prepare the necessary environmental documentation for the adoption of the changes to the Zoning Ordinance. The consultant will not be responsible for this aspect of the project.
C. Project Schedule/Timeline for Milestones & Deliverables
The Project Timeline sought by the City for this project is approximately 4 to 9 months, starting with the contract award in October 2022. The consultant is welcome to recommend adjustments to the timeline , where appropriate . The project should be accomplished in phases. Phase 1 completed at two months into the project, would be the Tiny Homes Ordinance. Phase II , the zoning code updates to follow, with the entire project completed 9 months from the project award date. The project must be completed with final invoices sent to the City no later than August 2023.
Phase Time Activities
I 2 Months Tiny Homes Ordinance
II 3 – 6 Months Zoning Codes Updates
Request for Proposals for Tiny Homes Ordinance and Zoning Updates September 7, 2022
III 9 Months
Presentations to Planning
Commission and City
Council
D. Scope of Work
The following services (listed under A-D) will be the responsibility of the Consultant. Consultants are also encouraged to present suggested modifications to the scope in their proposals that most effectively meets the goals and objectives described in this RFP, however the City seeks to achieve the full scope within the budgeted amount. The scope of work includes, but may not be limited to, the following tasks:
A. Project Management
a. Project Kick -Off Meeting: Meet with staff project team to identify project milestones, refine the scope of work, confirm timeline, clarify specific roles and responsibilities and identify project resources. This should be an in -person meeting.
b. Management Tools: Ide ntify tools and methods that will be used to keep the project moving on time and within budget. Consultant should anticipate meetings with the staff project team throughout the project, including regular conference calls and in person or virtual group meetings at key milestones.
B. Meetings
a. Plan for monthly Staff Meetings
i. Review concepts and ideas for Tiny Homes Ordinance
ii. Review and discuss updates to the Zoning Code changes with City Planners and Project Team
b. The City expects that most meetings can be held virtually via Teams or Zoom. c. Planning Commission meeting
d. City Council meeting (s) - possibly two
C. Prepare Presentation for the Planning Commission and City Council for both the Tiny Home Ordinance and other Zoning Ordinance Amendments.
a. Prepare Draft Ordinances and staff reports to Planning Commission b. City staff will prepare and distribute the required public hearing notices Request for Proposals for Tiny Homes Ordinance and Zoning Updates September 7, 2022
c. Prepare Draft Ordinances and staff reports to City Council
D. Prepare a memorandum or concept paper which takes into consideration these concepts and provides recommendations or suggestions for potential updates to other sections including Planned Development (PD), Urban Residential Overlay (/UR), and Small Lot Single Family Homes.
E. The City is seeking a peer review of our current SB 35 application process and recommendations.
F. Create a reproduceable handout or flyer introducing the Tiny Homes Ordnance. This handout will also be published on the City website.
E. Budget
The Project is being funded by the SB 2 and LEAP Grants awarded to the City of Merced in 2019.
This project has a grant budget not to exceed $95,000. All invoices against the grant are due to the City no later than August 2023.
IV. REQUESTED CONSULTANT SERVICES
A. Preferred Consultants
Request for Proposals for Tiny Homes Ordinance and Zoning Updates September 7, 2022
The City does not have a preferred consultant for this project. The City reserves the right to select either a team, managed by a lead consultant, or to select individual consultants to provide the City with the different deliverables of the Project. The desired situation will be the former, however.
Proposals must present a team approach and include all deliverables in the proposal.
B. Milestones/Key Deliverables
See the Scope of Work with Project milestones.
C. Roles
City staff will coordinate with the consultant on all work products.
D. Expertise
This RFP was provided to consulting firms with specific skills to accomplish one or more deliverables. The most competitive consultant will be made up of a multi -disciplinary team with the expertise is to prepare a comprehensive Tiny Homes Ordinance and Zoning Code Amendments.
E. Required Meetings
a. Project Kick-off Meeting
b. Monthly check in Meetings via Zoom
c. Planning Commission Public Hearing (possibly two meetings) d. City Council Public Hearing (possibly two meetings)
V. CONSULTANT SCOPE OF SERVICES
The consultant’s proposal should include all the following topics in the order presented. All topics will be used to assess the consultant’s: 1) project understanding; 2) project interest; and , 3) competency. All proposals shall be submitted in writing and be signed by the consultant. No electronic proposals will be accepted.
A. Deliverables and Budget
Deliverables / Consultant Scope-of-Work
Request for Proposals for Tiny Homes Ordinance and Zoning Updates September 7, 2022
This RFP requests a Comprehensive Project Work Plan or Timeline for the entirety of the Project from the consultant, which should include at the very least, all the tasks in the draft scope of work.
Each deliverable should be described separately in terms of work, budget and time.
While an ideal candidate wi ll show strength in all deliverables, City Staff may need to elect to form a multi- disciplinary team of separate consultants in order to produce the best end-product, but this is not our preferred approach.
Budget
The following shall be included in
describing the budget allocation in
the Consultant Proposal:
• Person hours allocated to
each step and total hours
allocated for project
objectives and overall
project (including sub-
contractors), or flat costs by
tasks with a “not to exceed”
figure for each task.
• A breakdown of the employees and professionals to be assigned to each project objective and the hourly rates and person-hour costs assigned (please indicate total number of hours for each project team member along with total hours for each project objective and the entire project), or flat costs by tasks with a “not to exceed” figure for each task; • Personnel charge rates of the firm.
• Classification as to whether or not employees are reimbursed by hourly rate or salary. • List of any subcontractors who may provide technical or other a ssistance and breakdown of hours/costs associated with the sub-consultants.
The proposal shall describe the compensation to perform the services outlined herein, and such discussion needs to be consistent with the established budget. Any exceptions to the budget, timeline, and/or requirements stated herein shall be clearly stated in the proposal, and fully explained.
Request for Proposals for Tiny Homes Ordinance and Zoning Updates September 7, 2022
B. Past Projects of Similar Nature
Evidence of past work experience closely related to the preparation of Tiny Homes codes and other zoning code amendments. This section should describe why the consultant is a good fit with th is Project. Please provide previous relevant experience and references of other public projects for both the project team and consulting firm.
C. Who is on the Project Team?
Describe the members of the project team, along with their roles and duties. Describe past work associations with team members.
D. Team Member Resumes
Include team member resumes with the proposal, which describe their qualifications to prepare the requested deliverables.
E. Other
The Scope of Work shall discuss other topics, either individually or as part of the above sub- sections, including:
• The administrative aspects of the project (legal oversight, printing costs, etc.); • The type of word processing equipment and software used; and, • Any optional features/analysis proposed.
VI. RFP LOGISTICS AND PROCESSES
A. Project Manager / City Contact
Leah Brown, Management Analyst, is the City of Merced Project Manager and will represent the City of Merced and render overall supervision of the progress of the work. All services to be performed by the consultant will be subject to approval and acceptance by the Project Manager or his/her designee, and no payment will be made to the consultant until accepted and approved. Leah may be reached at [email protected]
The City’s Project Manager will work cooperatively with the consultant(s), by: 1) providing the consultant with whatever information is available regarding its requirements for the project ; 2) examining project- related documents submitted by the consultant and render ing decisions Request for Proposals for Tiny Homes Ordinance and Zoning Updates September 7, 2022
promptly to avoid unreasonable delay in the progress of the consultant’s work; and, 3) furnishing information required of it as expeditiously as necessary for the orderly progress of work.
B. RFP Due Date / Mailing Address
Please send five (5) copies of the proposal to:
Leah Brown, Management Analyst
City of Merced Development Services
678 West 18th Street
Merced, CA 95340
To be accepted, the Project Manager must have them in -hand, NOT postmarked, by 5:00 p.m. on Friday, September 30, 2022.
C. Pre-Proposal/Scoping Meeting
There will not be a pre-proposal or scoping meeting for this project. Please submit any questions in writing only to the Project Manager prior to 5:00 p.m. on Friday , September 23, 2022. City staff will attempt to answer all questions and email them to proposers by Wednesday, September 28, 2022. Answers will also be posted on the City’s website.
D. Selecting Interview Pool
Proposals submitted will be reviewed for completeness and qualifications by the City of Merced .
Approximately three (3) consulting firms will be invited to interview with City staff. The interview date is tentatively scheduled for Thursday, October 6, 2022.
E. Interview Format
The Project Manager will arrange the interviews. The interview will be conducted in Person or via MS Teams. A PowerPoint presentation is not required or expected. The purpose of the interview is not to restate the consultant’s proposal, but rather to discuss the project with the consultant team members who will actually prepare the deliverables. Failure to include these individuals in the interview is grounds for automatic disqualification.
F. Final Selection Process
Upon conclusion of the interviews, the interview team will discuss the strengths and weaknesses of the proposals and make a decision as to which team, or independent consultants, will be recommended for final approval by the Merced City Council. The City staff will work with the Request for Proposals for Tiny Homes Ordinance and Zoning Updates September 7, 2022
selected consultant(s) to prepare a professional service contract, and to prepare and present the City Council administrative report to the Merced City Council. It is anticipated that formal consultant selection and contract award will be approved by the City Council in November 2022.
G. Review and Selection Schedule
Review and Selection Schedule
Action Date Other
Pre-Proposal Questions
Submitted by Proposers
Friday, September 23,
2022
Received in writing by
5:00 P.M.
Answers to Questions Emailed to
Proposers
Wednesday, September 28,
2022
By 5:00 P.M.
Proposal Due Date Friday, September 30,
2022
Received by 5:00 P.M.
Consultant Interviews Thursday, October 6, 2022 Block out entire Day.
City Council Contract Approval November 2022 6:00 P.M. (attendance not required)
Request for Proposals for Tiny Homes Ordinance and Zoning Updates September 7, 2022
VII. CONTRACTUAL TOPICS
Labor Code
The consultant shall comply with Sections 3700 et seq. of the labor code of the State of California, requiring every employer to be insured against liability for worker’s compensation.
Insurance
The Consultant shall also provide liability insurance in the amount of $1,000,000 naming the City as additional insured. Please carefully note the endorsement and cancellation causes in the required contract. Please refer to the sample contract (Attachment A) Conflicts of Interest
The Consultant must be aware of and comply with conflict of interest rules included in the California Political Reform Act, and Section 1090 et. Seq. of the Government Code. The Political Reform Act requires City offices and committee members to file statements of interest and abide by a Conflict of Interest Code. Section 1090 limits or prohibits a public official from contracting with a body of which an official is a member. Section 1090 applies even where the officer only reviews the contract for the approving body. If the proposer holds no City committee appointment or other relationship, the proposal should simply state that in response to this item.
Form of Contract
The City’s standard form of contract shall be used, and includes other provisions not described here. A standard pr ofessional service contract is attached for reference (Attachment A). Please review this very carefully and note in the body of your proposal any exceptions or alterations to the agreement. Alterations or changes to the agreement which were not in the co nsultant’s response will not be made after City Staff selection of the consultant . This includes alterations, exceptions, or changes to the insurance and indemnity provisions. By requiring these requests up front, the City can compare all respondents on an equal footing.
Local Business Enterprise Policy (LBE)
The City of Merced is committed to ensuring a full and equitable participation by local businesses in the provision of all goods and services to the City.
Method of Compensation
The City of Merced reserves the right to award all or part of the project at its discretion. The City of Merced will compensate the c onsultant(s) based on the submittal of monthly invoices and monthly progress reports. The City reserves the right to request more detailed information from the consultant on its monthly invoices if needed.
Request for Proposals for Tiny Homes Ordinance and Zoning Updates September 7, 2022
Conditions for Responses to Request for Proposals
The following conditions apply to this RFP process:
• Nothing contained in this RFP shall create any contractual relationship between the respondent and the City.
• This RFP does not obligate the City to establish a list of service providers qualified as prime contractors or award a contract to any respondent. The City reserves the right to amend or cancel this RFP without prior notice, at any time, at its sole discretion. • The City shall not be liable for any expenses incurred by any organization in connection with this RFP.
• No conversations or agreements with any officer, agent, or employee of the City shall affect or modify any te rms of this RFP. Oral communications or any written/e -mail materials provided by any person other than designated contact staff of City shall not be considered binding.
• The City reserves the right, in its sole discretion, to accept or reject any or all Pro posals without prior notice and to waive any minor irregularities or defects in a Proposal. The City reserves the right to seek clarification on a Proposal with any source. • The dates, times, and sequence of events related to this RFP shall ultimately be determined by the City. The RFP process schedule is subject to change, at the sole discretion of the City, although the City will attempt to follow it and, if it must be altered, will attempt to provide reasonable notice of the changes.
• Respondents shall not issue
any news release pertaining to
this RFP, or the City without
prior written approval of the
City.
• All submitted proposals and
information included therein
or attached thereto shall
become public record upon
delivery to the Planning
Division.
Attachments
A) Sample Professional Services Contract