REQUEST FOR PROPOSALS FOR

PROFESSIONAL SERVICES FOR

A GENERAL PLAN CIRCULATION ELEMENT UPDATE

Issuing Entity: City of Pismo Beach 760 Mattie Road Pismo Beach, CA 93449

Contact: Questions regarding this solicitation should be directed to: Matt Everling Planning Manager (805) 773-7043 meverling@pismobeach.org Due Date: Proposals (5 copies) must be received before 2:00 P.M. on Friday,

June 2, 2017

THIS PAGE INTENTIONALLY LEFT BLANK FOR DUPLEX PRINTING

REQUEST FOR PROPOSAL 2017 Circulation Element Update

The City of Pismo Beach is requesting proposals from qualified firms to assist in completing a comprehensive update of the Circulation Element of the City’s General Plan with related technical modeling/analysis, maps, graphics and appropriate CEQA analysis and documentation. The selected firm will work closely with staff from the City of Pismo Beach Community Development Department and Public Works Department to complete the 2017 Circulation Element Update. The selected consultant shall have relevant verifiable experience in preparing state of the art circulation element updates and associated environmental documentation. All proposals will be compared on the basis of understanding the scope of work to be performed, methods and procedures to be used, management, personnel and experience, and consultation and coordination with the City of Pismo Beach. Your firm is invited to submit a proposal for your services, together with other required information listed in the attached Request for Proposal. Only those proposals submitted per the City’s proposal requirements found on pages 11-13 of this package and certified by an authorized company officer will be considered. Proposals received by fax will be rejected. Proposals will be received at the office of the City Clerk in the City of Pismo Beach City Hall at 760 Mattie Rd, Pismo Beach, CA 93449 before 2:00 P.M. on Friday, June 2, 2017 as determined by www.time.gov. Proposals received after said time will not be considered. Proposals shall be submitted in an envelope and clearly marked “2017 Circulation Element Update”. Please include the fee schedule in a separate sealed envelope. Printed versions of this request for proposal are available for a non-refundable fee of $15 from the Community Development Department, 760 Mattie Road, Pismo Beach, CA 93449 or by calling (805) 773-4658. PDF versions may be emailed at no charge by contacting Elsa Perez at eperez@pismobeach.org. Specific questions regarding this solicitation should be directed to:

Matt Everling, Planning Manager (805) 773-7043 meverling@pismobeach.org

________________________________ May 3, 2017 Matt Everling, Planning Manager Date

TABLE OF CONTENTS

DESCRIPTION PAGE

I. GENERAL PROJECT DESCRIPTION ....................................................................... 1

II. OBJECTIVES ............................................................................................................. 3

III. SCOPE OF WORK ..................................................................................................... 5

IV. CITY RESPONSIBILITIES ........................................................................................ 10

V. SCHEDULE .............................................................................................................. 10

VI. COMPENSATION ..................................................................................................... 11

VII. PROPOSAL REQUIREMENTS ................................................................................ 11

A. Questions ....................................................................................................................... 11 B. Submittals ....................................................................................................................... 11 C. Contents of the Proposal ................................................................................................ 11 1. Cover Letter ................................................................................................................ 11 2. Firm Background ........................................................................................................ 11 3. Project Team .............................................................................................................. 12 4. Qualifications and Experience……………………………………………………………….12 5. Statement of Understanding and Scope of Work………………………………………….12 6. Schedule .................................................................................................................... 12 7. Proposal format .......................................................................................................... 12 8. Fee ............................................................................................................................. 12 D. Commitment ................................................................................................................... 13

VIII. SELECTION CRITERIA AND PROCESS ................................................................. 13

IX. INDEMNIFICATION .................................................................................................. 14

X. INSURANCE ............................................................................................................. 15

XI. Attachments ............................................................................................................ 17

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REQUEST FOR PROPOSAL 2017 Circulation Element Update

I. GENERAL PROJECT DESCRIPTION

The City of Pismo Beach is considered by many to be the playground of the Central Coast. It is a beautiful place to live, work and visit. The City’s transportation system therefore, not only needs to serve its local residents, but also the many visitors who visit each year. With continued growth within the City and County and as a Central Coast regional destination, travel demand also continues to grow and strain the existing multi-modal transportation system within and to/from the City. To adequately anticipate and plan transportation infrastructure to meet future needs of our community, the City desires to hire a consultant to assist the City in a comprehensive update of the Circulation Element of the City’s General Plan.

PROJECT OVERVIEW:

The City’s Circulation Element was last updated in 1992. A copy of the City’s 1992 Circulation Element is available on the City’s web site at the following: http://www.pismobeach.org/DocumentCenter/View/43061. It is envisioned that the Consultant selected will work closely with City staff to provide a complete Circulation Element update with the technical transportation analysis and mapping to meet the community’s needs in conformity with State law based on the scope as described in this Request for Proposal (RFP). In order to complete the range of tasks described in this RFP, the Consultant selected may need to engage the services of other professionals to complete the Circulation Element update, including the drafting of appropriate goals, policies, and implementation measures as well as the technical analysis, diagram and mapping, and to complete the necessary CEQA documentation for the Circulation Element update.

It is important to note that the actual drafting of the various Goals, Policies, and Implementation Measures that make up the Circulation Element will need to be closely coordinated with the City staff identified in this RFP to adequately address buildout of the community that is sensitive to all travel modes. This RFP is organized as follows. First, a brief “Background” section provides a historical context for the City of Pismo Beach Circulation Element Update. This is followed by an identification of the goals the City seeks to accomplish as part of the update process. The next section builds off of the goals identified by listing the specific tasks the Consultant is expected to accomplish as part of this effort. A compilation of the “Deliverables” that the City expects the Consultant to generate is then presented. This is followed by the various administrative requirements relevant to this RFP, including the timeline for the submittal of proposals, numbers of proposals required to be submitted, the selection process etc.

The project as a whole will be overseen by a City Staff Team consisting of the City’s Community Development Director, Jeff Winklepleck, AICP and Matt Everling, Planning

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Manager, serving as the day-to-day Project Manager. Additionally, the City’s Public Works Director/City Engineer, Ben Fine, will be a key resource in the Circulation Element update.

BACKGROUND: The City’s General Plan Circulation Element was last updated in 1992. Since that time, the City Council accepted a report dated June 9, 2016 titled “Citywide Transportation Model and Circulation Study” that the Consultant will need to reference in conducting its technical analysis as described in this RFP, including the necessary traffic studies, the Level of Service (LOS) and Vehicle Miles Travelled (VMT) analysis, identifying and recommending proposed circulation improvements, calculating/estimating circulation improvement cost estimates, preparing the necessary graphics, maps, and tables as needed to display and communicate the information, and all related tasks, with the City

staff team working closely with the Consultant to help direct the“non-quantitative”

components of the effort. This specific analysis evaluated existing and General Plan buildout conditions. A link to this study can be found here: http://www.pismobeach.org/DocumentCenter/View/47888.

Given the significant amount of time that has passed since the last Circulation Element update, combined with the fact that the City has grown and evolved during this twenty five year period, a comprehensive update to the City’s Circulation Element is now warranted utilizing the City’s existing land use. This twenty five year time period has also seen a variety of legislative changes relevant to a City’s Circulation Element Update.

Perhaps the two most significant changes were 1) The passage of AB1358,“The

Complete Streets Act of 2008”, which requires an update to a City’s Circulation Element to achieve a balanced multimodal transportation network that meets the needs of all users of streets roads and highways, and 2) the forthcoming updates to the CEQA Guidelines that shifts the focus of environmental analysis from impacts of projects on LOS to impacts on VMT.

At the regional level, consistency with the requirements of the San Luis Obispo County of Governments (SLOCOG) Regional Transportation Plan (RTP) will need to be taken into account and fully addressed in the Circulation Element Update.

Updating the Circulation Element will also ensure the City is better positioned to qualify for and receive regional, State, and Federal grant funding for improved transit connectivity, vehicular, bicycle, pedestrian, and trail related circulation improvements. The City has been very successful to date in receiving grant funding for circulation improvements. The City also anticipates the proposed Circulation Element update will provide the City with a number of useful “ tools”, as described in the following sections of this RFP, which will be helpful to the City after the Circulation Element update is complete.

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II. OBJECTIVES The City has identified the following key objectives to be accomplished as part of the Circulation Element update, which are identified and described below. It should be noted that the Goals listed below are not necessarily listed in order of importance:

1. Analyze the City’s Circulation System: A fundamental reason to update the City’s Circulation Element is to evaluate the City’s existing circulation system and planned road improvements, in order to determine the ability of the current and planned system to accommodate the projected growth and related increase in traffic generated within Pismo Beach and from surrounding communities most efficiently. It is anticipated the Consultant selected will utilize data from the recently adopted circulation study to assist in performing this analysis.

As part of this effort, the selected Consultant is expected to work closely with City staff in preparing updated land use projections, if needed, for the various traffic zones selected, with 2035 being the Horizon Year for the build out analysis. This work will need to be closely coordinated with SLOCOG staff to ensure they are in agreement with the City concerning the methodology and data utilized by the City, including updated land use projections and any refined TAZ’s used. This same type of coordination concerning projected growth will be necessary with transit providers such as South County Transit, who have their own projections of future ridership.

2. Identify Existing Circulation System and Evaluate/ Prioritize Potential Improvements: Utilizing the recently adopted circulation study, the Consultant, closely working with City staff, is expected to prioritize the roadway improvements that provide the greatest circulation benefit to the City, taking into account the estimated cost of the improvements. A number of different scenarios, incorporating different configurations and combinations of circulation improvements will need to be evaluated and tested to determine which combination is the most cost effective.

The end result of this part of the effort will be to create and prioritize a list of needed circulation improvements, with the estimated cost of the improvements determined. It is the City’s intent that this list of improvements and their estimated costs will be utilized by the City to update the City’s circulation fees last updated in February 2005, and to update the City’s Capital Improvement Program. While it is understood that the estimated cost of circulation improvements will be of a level of detail needed for planning, and not construction purposes, the cost analysis of the improvements being considered needs to be sufficiently rigorous to pass AB1600 requirements.

3. Address Bike, Pedestrian, and Related Circulation Needs: While the current 1992 Circulation Element addresses these non-vehicular transportation modes, and addresses the connectivity of those modes with the City’s vehicular transportation system, it must be updated to fully incorporate within the Circulation Element the various requirements for "Complete Streets" as stipulated by State legislation (AB1358). Here is the link to the City’s adopted Bike/Ped Master Plan, http://ca-

pismobeach.civicplus.com/DocumentCenter/Home/View/6972 and here is the link to the City’s adopted Complete Streets Plan,

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http://www.dot.ca.gov/hq/tpp/offices/ocp/cbtp_factsheets/FY10-11/CBTP_FY-2010-

11/D5_Pismo_Beach_Complete_Streets_Plan/Pismo_Beach_Complete_Street_Plan_4131

5.pdf.

4. Consistency with SLOCOG Regional Transportation Plan: The updated

Circulation Element needs to be fully compatible with the requirements of the SLOCOG Regional Transportation Plan. In addition, the transportation technical analysis and modeling must be consistent with SLOCOG’s Countywide Transportation Demand Model, and reconciled with the land use assumptions utilized by SLOCOG and current land uses of the City of Pismo Beach.

5. VMT and LOS Analysis: As part of the Circulation Element Update, the City intends

to address to the extent feasible the requirement of SB743 that calls for reducing Vehicle Miles Traveled (VMT) as a metric to address the impacts of new development. The State has released guidelines for how VMT analysis is to be conducted, and the Consultant selected would be expected to utilize those State standards as well as their own expertise in working with VMT analysis. The City also expects to continue to use “Level of Service” (LOS) as a tool to measure the extent of traffic impacts as well.

6. Traffic Impact Fees/Opportunities for Grant Funding: The City intends to use the analysis undertaken as part of the Circulation Element effort to evaluate and update the City’s traffic impact fees. While the actual fee update process and supporting AB 1600 analysis justifying any traffic impact will be an effort separate from the Circulation Element update, the Circulation Element update needs to be structured to help facilitate this fee update process. It is the City’s expectation that the level of analysis undertaken by the Consultant in identifying and estimating the cost of the circulation improvements will be sufficient to meet State AB1600 and other requirements necessary to legally justify and implement establishing and/or increasing an impact fee.

The City also expects the consultant to categorize the various circulation improvements identified, whether vehicular, pedestrian, bicycle, or other mode of transportation, based on their potential eligibility to qualify for and receive grant funding. This would include documenting to date the various circulation improvements that have been funded and constructed through grant programs in the City of Pismo Beach, including circulation improvements for which grant funding has been requested but not yet authorized.

7. Address Changing Technology: A City’s General Plan is a document that is intended to be long term, and as such needs to be structured to anticipate potential changes that may take place in the future that the City needs to begin planning for in the present. As previously stated, the Horizon Year of the Circulation Element Update is 2035. Evolving transportation related technologies, such as the increased use of electric vehicles will, no doubt, change the way circulation systems will operate in the future, and will likely change how circulation systems will need to be designed to accommodate this changing operation. The City expects the consultant

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selected to be proactive and creative in exploring and proposing new ideas and concepts to consider for inclusion in the Circulation Element Update to address and accommodate to the extent practical this key issue of evolving and changing transportation technology. The City also understands that resources are limited, and any effort to anticipate changing future transportation technologies needs to be practical and cost effective.

8. Emergency Vehicle Access: An important component of the Circulation Element Update is to address the need for emergency access throughout the City of Pismo Beach, as well as the need for evacuation routes in the case of a major emergency. Coordination with emergency service providers (fire, police, and ambulance) will be important in establishing standards and routes for such access.

III. SCOPE OF WORK

The following are the specific tasks expected to be undertaken and completed by the Consultant. These tasks relate directly to the “Objectives” just discussed in the previous section that the City seeks to accomplish as part of this Circulation Element update. The City expects that the specific tasks identified in this work scope will be subject to refinement once the Consultant is selected. It should be noted that the tasks identified below are generally organized according to the sequence in which the City anticipates they will be completed.

Task 1: Environmental (CEQA) Compliance: From a CEQA perspective, staff is not anticipating substantial changes to the City’s circulation system as part of this Circulation Element update process that would trigger the need to prepare an Environmental Impact Report (EIR). This is due largely to the fact that land uses are not proposed to be modified or updated as part of this effort. However, the appropriate CEQA process will be determined by the completion of an Initial Study. For purposes of this proposal, the consultant shall include the cost to prepare an Initial Study and, as a separate deliverable, a Negative Declaration/ Mitigated Negative Declaration. Should it be determined that an EIR is required, a change in the scope of work would be required. At this point in time, the studies envisioned in addition to the traffic analysis that will need to be prepared in order to update the Circulation Element, are a Noise and an Air Quality Analysis (including greenhouse gas), although additional studies may ultimately be required. The proposal should assume the need to include this type of analysis. Another CEQA related matter is the issue of “significance thresholds” that are utilized to determine whether a specific impact is significant or not. As part of this Circulation Element update the City wants to take the opportunity to establish transportation related significance thresholds applicable to the City of Pismo Beach, building off the thresholds suggested by the Office of Planning and Research and the State of California.

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Task 2: Public Outreach: This initial task is expected to be jointly performed by City Staff and the Consultant selected. It is important that public outreach be conducted early in the Circulation Element update process to determine what specific circulation and transportation related issues are important to the community and need to be addressed as part of the Circulation Element update. It is envisioned that City staff and the Consultant, working as a team, will host two community workshops on the Circulation Element Update as well as two outreach meetings with various transportation related entities. The intent of these public workshops will be 1) to describe to local residents and interested parties what an update to a City’s Circulation Element entails and why a Circulation Element update is important to a community, 2) find out from residents, business owners, and other stakeholders what transportation related issues are important to them and need to be improved/resolved, and 3) report initial findings back to the public before moving forward in the preparation of the draft updated element to the Planning Commission and ultimately, the City Council. Task 3: Evaluate and Map Projected Development: The Consultant, working with City Planning staff, will prepare projections of future growth and cumulative impacts for the 2035 anticipated build out year. City staff will work closely with the Consultant in preparing projections of future growth, which will take into consideration the City’s existing 2007-2014 Housing Element, current General Plan and Zoning land use designations, approved and projected development projects, and the amount of additional development that could be reasonably expected based on an analysis of vacant and underutilized land.

The City has a GIS Land Use Map to share with the Consultant as part of this process. In addition, City staff will work with the Consultant to include specific locations where future growth and development is expected. Task 4: Inventory and Map Current Circulation System, Vehicular, Non Vehicular, and Transit: The Consultant will verify and update the existing circulation map(s) and tables within the adopted Citywide Transportation Model and Circulation Study depicting the locations of existing streets, categorized by type and function of street, street width, current traffic flows, and current LOS. The graphic will also identify existing traffic signals, stop signs, and other forms of traffic control. Cross sections depicting widths of the various street types in the City will need to be prepared (some of which already exist in the Department of Public Works Engineering Division). The Consultant will also need to verify and update all of the City’s current bike and pedestrian facilities in terms of Class I, II, and III, as well as locating areas where connections are needed. Cost estimates would also need to be provided for the various bike/pedestrian connections that need to be made, with the various bike/pedestrian improvements prioritized as discussed in more detail under Objective 3. Projected bike/pedestrian improvements need to be evaluated in conjunction with the vehicular circulation improvements to formulate a circulation improvement strategy that looks at

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all modes of transportation.

The Consultant will need to contact and coordinate with the transit agency, “San Luis

Obispo Regional Transit Authority”, concerning a transit map that will need to be prepared and incorporated into the circulation mapping efforts, showing key community nodes.

Task 5: Update Existing 2016 Circulation Study for the City: Task 5.a: Update Transportation Model: A product of this Task which builds on the preceding Tasks would be an updated, more “fine grained” version of the SLOCOG traffic model incorporating the projected Land Use Inventory for the City generated in Objective 1, and the City’s circulation system characterized and mapped in Objective 2. As previously noted the City anticipates that the traffic analysis zones utilized by SLOCOG in their model would likely need to be further refined to provide the level of detail needed to accurately evaluate the City’s circulation system at the intersection level. SLOCOG’s Regional Traffic Model (RTM) uses TransCAD software. The software used by Hatch, Mott, MacDonald in the 2016 Circulation Study was SLOCOG’s TransCAD. The RTM receives inputs from the Regional Land Use Model (RLUM), and provides outputs for the Regional Air Quality Model. The analysis software Synchros was used for intersection analysis that was later given to the City’s Public Works Department. The Consultant shall use software compatible to these. Task 5b: Run Updated Transportation Model: With the Citywide Circulation Model complete, the Consultant would then utilize this model to test and evaluate various possible circulation improvements based on projected buildout development to determine the relative transportation benefits of the various improvements. The Consultant will work closely with City staff to determine what circulation improvement scenarios to evaluate. Once the Consultant is selected, it is anticipated City staff will sit down with the consultant to determine additional specific scenarios to evaluate, such as the recent determination that Caltrans will not be expanding the number of lanes along the 101 freeway through Pismo Beach and potential cumulative impacts.

Task 6: Update Circulation Element Principles/Policies: While the preceding Tasks 1 through 4 will generate the key information on which to base decisions on preferred circulation improvements and the optimal configuration of the City’s Circulation System, much of this will be ultimately described and implemented in the Principles and Policies of the City’s Circulation Element. In order to achieve this, the current Principles and Policies of the existing 1992 Circulation Element will be reviewed and evaluated.

The City expects that the Consultant selected will work jointly with staff in proposing appropriate Principles and Policies to update and implement any changes to the City’s Circulation Element proposed. In addition, new Principles and Policies will also need to be prepared to address the various changes that have occurred over the last twenty five years, including such items as “Complete Streets”.

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Task 7: Adoption Process: An update to a City’s Circulation Element requires a General Plan Amendment, which is subject to the recommendation of the City’s Planning Commission with adoption by the City Council. Public hearings are required for both bodies. The selected Consultant shall attend all Commission and Council meetings, and any other meetings as required. At these meetings the Consultant would be expected to make thorough, clear, and concise presentations on the update to the City’s Circulation Element. Given the importance of graphics in presenting a Circulation Element, the Consultant would be

expected to utilize “Power Point” or a similar tool as part of the Commission and

Council hearing process. Staff anticipates that there may be up to six (6) public meetings in addition to weekly City staff project updates.

A. SPECIFIC WORK PRODUCTS/DELIVERABLES TO BE PRODUCED:

1. Updated Circulation Element: A comprehensive update to the City’s Circulation Element, with the written text including goals, policies and implementation measures, and including all maps, tables, and graphics as appropriate. The updated Circulation Element shall be prepared in a professional manner using Microsoft Word and delivered to the City as both a Word document and .pdf file. It is also important that individual maps and figures can be individually saved and easily modified by City staff, so the City can update the document, as needed, in the future. As noted in the preceding text, this will likely include multiple maps, with at a minimum separate maps depicting the existing and planned roadway system, another map depicting the existing and planned trail network, and another map depicting bus and other transit systems, existing and planned and any other traditional circulation element mapping.

As noted previously, a copy of the existing 1992 General Plan Circulation Element is available on the City’s web site.

2. Citywide Transportation Model: As part of this effort the City anticipates receiving a fully functional transportation model consistent with the SLOCOG model that could be run and utilized by the City and consultants after the completion of the Circulation Element Update to evaluate future projects.

3. CEQA Documentation: The Consultant is expected to prepare the necessary CEQA documentation for the Circulation Element Update. This includes all necessary documentation, including the preparation of the Initial Study, Notice of Availability, and Notice of Determination, along with providing all notices and document to OPR, and the preparation of the Environmental Document itself including responding to any comments received. For the purposes of responding to this RFP, the Consultant should assume that a Mitigated Negative Declaration will be sufficient to document the environmental effects of the Circulation Element Update. An alternate CEQA determination, based on completion of an Initial Study, would require a change in scope. The City will file and publish the prepared Notices of Determination, Negative Declaration, and public hearing notices in coordination

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with the consultant team.

4. Transportation Impact Fee Documentation: The Consultant is expected to compile in a separate document the necessary information in relation to the cost of the selected circulation improvements and the amount of projected development that the City can use as a basis from implementing a Transportation Impact Fee.

B. REFERENCE DOCUMENTS:

There are a number of transportation related reference documents the Consultants should be aware of in responding to this RFP that contain valuable information that will be useful in varying degrees in preparing the update to the City of Pismo Beach Circulation Element. These documents are listed below, some of which have been previously mentioned in the text of this RFP:

The City of Pismo Beach General Plan Circulation Element, 1992

Citywide Transportation Model and Circulation Study, June 2016:

http://www.pismobeach.org/DocumentCenter/View/47888

Complete Streets Plan:

http://www.dot.ca.gov/hq/tpp/offices/ocp/cbtp_factsheets/FY10-11/CBTP_FY-2010-

11/D5_Pismo_Beach_Complete_Streets_Plan/Pismo_Beach_Complete_Street_Plan_41

315.pdf

San Luis Obispo Council of Governments (SLOCOG) Regional Transportation

Plan (RTP) link: http://www.slocog.org/programs/regional-planning/2019-rtp

Bike/Ped Master Plan:

http://ca-pismobeach.civicplus.com/DocumentCenter/Home/View/6972

Bike Share Feasibility Study:

http://www.pismobeach.org/DocumentCenter/View/49294

C. CONSULTANT STAFFING

Include in your Proposal a list, as well as resumes, of the Project Team members that will be working on this Circulation Element Update, along with their qualifications and experience, highlighting the experience of Project Team Members with projects similar to the Pismo Beach Circulation Element Update. Identify the Project Manager and summarize the qualifications and experience that qualify this individual to successfully manage the tasks involved in the City’s Circulation Element Update. Describe the roles and responsibilities of all the Project Team members involved in the Circulation Element Update, and include in the Proposal an organization chart that identifies the roles of the Team Members within your organization. Contact information needs to be included for all team members. If the Consultant is proposing to retain a sub-consultant, then provide similar information for the relevant staff of the sub-consultant. If the Consultant has recently prepared a project similar in context and scope to the

City’s proposed update to its Circulation Element, please include a link to a copy

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of that document in your proposal.

IV. CITY RESPONSIBILITIES

The CONSULTANT shall provide the necessary resources and services to execute the work scope described above, and in coordination with the CONSULTANT, the City of Pismo Beach in general, will be responsible for the following items:

Providing copies of available plans and existing documentation on file in the Public Works and Community Development Departments for the CONSULTANT’s reference.

Designating a staff person as a contact for the project

Acting as a liaison with the appropriate decision making bodies (City Council, Planning Commission, etc.).

If the CONSULTANT assumes that the City of Pismo Beach will provide resources other than those specifically indicated above, those assumptions should be clearly stated and highlighted in its proposal.

V. SCHEDULE

The City of Pismo Beach intends to award the contract for tasks to be completed to the successful CONSULTANT on June 20, 2017. After a written Notice to Proceed is issued by the City of Pismo Beach, the CONSULTANT’s work shall begin within 30 days. All work shall then be completed in accordance with the schedule stipulated. The selection process may include Consultant interviews. If necessary these interviews will take place between June 5th and June 9th, 2017. The Notice to Proceed issued by the City of Pismo Beach will specify the work to be completed, and a schedule for work completion. The basis for payment and the limits of compensation shall be integrated within the contract. The CONSULTANT shall not begin work nor incur any costs associated with any task identified herein without an explicit written Notice to Proceed.

Tentative Schedule

Issue Request for Proposal April 27, 2017

Proposals due to the City before 2:00 p.m. June 2, 2017

Ranking and Selection (incl. interview(s) if nec.) June 5 – 9, 2017

Award contract to Consultant June 20, 2017

Complete work 180 days

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VI. COMPENSATION The City of Pismo Beach will negotiate a contract with the selected CONSULTANT based on the following assumptions and conditions: For all services rendered as described in the Scope of the Work, including all labor, equipment, materials, and expenses, the CONSULTANT shall be compensated on a time and expenses basis by task for work completed on a “time and materials, not to exceed basis.”

VII. PROPOSAL REQUIREMENTS

A. Questions – Written questions regarding the project and this RFP will be accepted

until 72 hours prior to the proposal due date. Questions may be submitted by fax or e-mail. The City of Pismo Beach will make every effort to provide written answers no later than 48 hours via e-mail or fax to all questions submitted.

B. Submittals – Proposals shall be submitted in a sealed envelope clearly marked on the outside “2017 Circulation Element Update.” All fee schedules shall be in a separate sealed envelope marked “2017 Circulation Element Update”. Faxed copies will not be accepted. To be considered, proposals must be received before 2:00 p.m. on Friday, June 2, 2017. Interested firms are invited to submit five (5) copies of their proposals to the following address:

City of Pismo Beach Attn: Matt Everling 760 Mattie Road Pismo Beach, CA 93449

C. Contents of the Proposal – At a minimum, proposals should contain the information outlined herein. Additional information that the proposer deems relevant to the selection process may be included; however, concise and focused submittals are strongly encouraged. Graphic material illustrating design styles may be included. By submitting a proposal, and unless otherwise stated, it is understood that the CONSULTANT has reviewed the relevant information, and that based on that review, the CONSULTANT has developed an informed understanding of the projected scope of work and has satisfied itself with the applicable conditions and requirements expressed in those documents.

1. Cover Letter – Please include a cover letter describing your firm’s interest.

Address the cover letter to Matt Everling, Planning Manager, City of Pismo Beach, 760 Mattie Road, Pismo Beach, CA 93449.

2. Firm Background – In two pages or less, provide a brief overview of the firm that will assume all contract responsibilities and identify all proposed sub-consultants.

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3. Project Team – Provide an organization chart that identifies the individuals and sub-consultants if applicable, assigned to and responsible for the key elements of the work scope and their relationship to the other elements. Identify the project manager as well as other key personnel to be assigned, their qualifications, education, and experience. Provide resumes of key individuals who will be assigned to this project including sub-consultants. Indicate the number of hours each member has been budgeted and will be assigned to the project and explain how communication with the City will take place.

4. Qualifications and Experience – List projects, including a brief description,

which validates consultant experience in projects similar in scope of work to this project. Provide examples of recent projects; state the contract amount and completion date; and include the name, title and phone number of client references. Please do not list projects where major work was completed by staff no longer employed by the firm. Provide a statement of explanation of any instances where your firm has been removed from a project or disqualified from proposing on a project.

5. Statement of Understanding and Scope of Work – Proposals should provide

a statement of your understanding of the project by highlighting the dominant issues and outlining your approach toward addressing those issues. Any recommendations regarding improvements to the process to more effectively meet the City of Pismo Beach’s stated objectives should be emphasized in your proposal and would be a clear means of demonstrating your understanding of the project requirements.

6. Schedule – Proposals should present a project schedule showing milestones,

deliverable dates, and the duration of each task where it is known. 7. Proposal format – Sufficient information should be provided to justify the

proposed fee and to serve as a basis for negotiating a contract and any Supplemental Agreements that may be warranted for out of scope services. In this regard, the fee proposal should identify personnel, estimated number of hours, and rate; type of equipment, hours, and rate; and any outside costs for each identified work element including travel and consultant associated costs for necessary meetings in Pismo Beach.

8. Fee – Consultant’s Fee must be sealed in a separate envelope and will not be

opened until all other factors have been considered. Unusually high or low fees may affect the ratings.

Consultant compensation shall be on a “time and material, not to exceed” basis and shall include all items described in the scope of work on this project. The consultant team shall submit a fee estimate based upon:

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The tasks to be performed.

A breakdown of the employees and professionals to be assigned to the tasks, the average hourly rates of each, and the man-hour cost assigned.

The project fee costs.

Regardless of the proposed method of compensation, any contract resulting from this solicitation will specify a maximum, not-to-exceed fee amount. Except in the unusual situation wherein the CONSULTANT encounters circumstances that could not be reasonably anticipated, the City of Pismo Beach will not authorize payment beyond this amount.

In consideration of this, any assumptions and/or the need for any contingencies must

be clearly spelled out in the Fee Proposal and used as a basis to compute a “not-to-exceed” figure for the project. This figure should be sufficient to provide for any reasonably anticipated circumstances that may be encountered during project execution and completion.

D. Commitment – The individual or company official with the power to bind the company

in its proposal must sign the proposal. The contents of the proposal shall become a contractual obligation if a consultant’s bid is accepted.

VIII. SELECTION CRITERIA

Proposals will be evaluated by a review committee based on the following criteria: A. Understanding of the Scope of Work to be Performed (20 pts)

1. Demonstrated understanding of the project objectives.

2. CONSULTANT’s approach to accomplishing the scope of work.

3. Timetable and costs for completing the project.

B. CONSULTANT’s Methods, Schedule and Procedures to be Used (25 pts)

1. CONSULTANT’s general approach to evaluating the issues.

2. CONSULTANT’s ability to accelerate the design and schedule.

3. Complete description of the procedures and method to be utilized.

C. Management, Personnel and Experience (45 pts)

1. Qualifications of each participant and overall qualification for the firm.

2. Experience and performance on similar projects.

3. Technical and Computer Capability.

D. CONSULTANT’s Consultation and Coordination with the City of Pismo Beach (10 pts)

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1. Procedures to be used to ensure close contact between CONSULTANT and the project manager.

2. Demonstrated experience in working with local government.

TOTAL POSSIBLE SCORE: 100 pts

Right to reject all proposals - the City of Pismo Beach reserves the right to reject any and all proposals, and to re-issue the RFP. This solicitation in no way obligates the City of Pismo Beach to award a contract for the services described herein, nor will the City of Pismo Beach assume any liability for the costs incurred in the preparation and transmittal of proposals in response to this solicitation. The City of Pismo Beach reserves the right to not accept any proposal, to reject any or all proposals, to reject any part of any proposal, to negotiate and modify any proposal, and to waive any defects or irregularities in any proposal at its sole discretion. Furthermore, the City of Pismo Beach shall have the sole discretion to award the contract, as it may deem appropriate to best serve the interests of the City of Pismo Beach. In this regard, the City of Pismo Beach may consider demonstrated quality of work, responsiveness, professional qualifications, assigned personnel, references, and proposed fees, when determining the most responsive proposal.

IX. INDEMNIFICATION

The City of Pismo Beach requires the successful bidder to indemnify the City of Pismo Beach according to a set of provisions that will become contractual obligations. The CONSULTANT shall defend, indemnify and hold harmless the City of Pismo Beach and the State of California, their respective officers, agents and employees, from any and all claims, demands, damages, costs, expenses, judgments or liability arising out of this Contract or attempted performance of the provisions hereof. Coverage shall be predicated upon theories of violation of statute, ordinance, or regulation, professional malpractice, negligence, or recklessness including negligent or reckless operation of motor vehicles or other equipment, furnishing of defective or dangerous products or completed operations, premises liability arising from trespass or inverse condemnation, violation of civil rights and also including any adverse determination made by the Internal Revenue Service or the State Franchise Tax Board. With respect to CONSULTANT's independent contractor status this provision establishes liability for failure to make social security and income tax withholding payments, failure to comply with workers' compensation laws, or any act or omission to act, whether or not it be willful, intentional or actively or passively negligent on the part of CONSULTANT or his agents, employees or other independent CONSULTANT’s directly responsible to CONSULTANT.

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In addition, the foregoing shall apply to any wrongful acts or any active or passively negligent acts or omissions to act, committed jointly or concurrently by the CONSULTANT or the CONSULTANT's agents, employees or other independent Contractors and the City of Pismo Beach its agents, employees or independent Contractors. Nothing contained in the foregoing indemnity provision shall be construed to require indemnification for claims, demand, damages, costs, expenses or judgments resulting solely from the conduct of the City of Pismo Beach.

X. INSURANCE

The City of Pismo Beach will require the successful bidder to provide insurance which meets certain provisions, which will become contractual obligations. The CONSULTANT shall not perform any work under the Contract until it has obtained insurance complying with the provisions of this section, delivered a copy of each insurance policy to the City of Pismo Beach, and obtained the City of Pismo Beach’s approval of all such policies. Said policies shall be issued by companies authorized to do business in California. CONSULTANT shall maintain said insurance in force at all times. The following types of coverage with the described features shall be provided: A. Professional Liability Insurance

Contractor shall maintain professional liability "errors and omissions" insurance with limits of liability of not less than $1,000,000 per occurrence to cover all services rendered by Contractor pursuant to this contract.

B. Comprehensive Liability Insurance and Automobile Insurance

CONSULTANT shall maintain comprehensive general and automobile liability insurance, which shall cover claims arising from bodily and personal injury, including death resulting from such actions, and damage to property, resulting from any act or occurrence arising out of CONSULTANT's operations in the performance of the contract, including, without limitation, acts involving automobiles.

The policies shall provide not less than $1,000,000.00 single limit coverage applying to bodily and personal injury, including death resulting from resulting from such actions, and property damage. The following endorsements must be attached to the policy:

1. If the policy covers on an "accident" basis, it must be changed to an "occurrence" basis.

2. The Comprehensive Liability Insurance policy must cover personal injury as well as bodily injury.

3. The Comprehensive Liability Insurance policy must have blanket coverage of contractually assumed liability, subject to the limitations of the policy.

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4. The policy must have a "Cross Liability" ("Severability of Interests") endorsement such that each insured is covered as if separate policies had been issued to each insured.

5. The City of Pismo Beach and the State of California, their officers, employees and agents shall be named as additional insurers under the Comprehensive Liability Insurance policy, and the policy shall provide that the insurance will operate as primary insurance and that no other insurance effected by the County will be called upon to contribute to a loss hereunder.

C. Workers' Compensation Coverage

In accordance with the provisions of 3700 et seq., of the Labor Code, CONSULTANT is required to be insured against liability for workers compensation or to undertake self-insurance. CONSULTANT agrees to comply with such provisions before commencing performance of the work covered by this Contract.

D. Certification of Coverage

Prior to commencing work under the contract, CONSULTANT shall furnish the City of Pismo Beach with the following for each insurance policy required to be maintained by this contract:

1. A copy of the entire policy and not just the "face sheet" or proof of coverage (except that no copy of CONSULTANT's workers' compensation policy need be provided).

2. A certificate of insurance including certification that the policy will not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City of Pismo Beach.

E. Effect of Failure or Refusal

If CONSULTANT fails or refuses to procure or maintain the insurance required by this contract, or fails or refuses to the City of Pismo Beach with the certifications required by section (D) above, the City of Pismo Beach shall have the right, at its option, to forthwith terminate the contract for cause.

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XI. ATTACHMENTS

A. Area Map

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B. Sample Contract

CITY OF PISMO BEACH

VENDOR AGREEMENT FOR PROFESSIONAL SERVICES

This Vendor Agreement for Professional Services (“AGREEMENT”) is made and entered into as of the

date the AGREEMENT is fully executed by all parties (the “Effective Date”), by and between the City of

Pismo Beach, a municipal corporation (“CITY”), and Name of Vendor (“VENDOR”).

RECITALS:

CITY wishes to retain the services of an experienced and qualified VENDOR to provide the following

services:

Summary description of services to be provided.

VENDOR represents and warrants that it is qualified to perform those services.

AGREEMENT:

I. SERVICES TO BE PERFORMED BY VENDOR

VENDOR will provide the services listed in the Scope of Services attached hereto as Exhibit A.

VENDOR warrants that all work and services set forth in the Scope of Services will be performed in a

competent, professional and satisfactory manner. Extra work beyond that described in the Scope of

Services is not authorized without the express written approval of CITY. VENDOR shall request and

receive written approval prior to performing any extra work. Any work beyond that reflected in the

approved Scope of Services shall not be compensated by CITY unless prior written approval was

provided under this paragraph. CITY’s City Manager may approve additional work not to exceed ten

percent (10%) of the amount of the AGREEMENT, but in no event shall such sum exceed thirty thousand

dollars ($30,000.00). Any additional work in excess of this amount shall be approved by the City Council.

To the extent that Exhibit A is a proposal from VENDOR, such proposal is incorporated only for the

description of the Scope of Services and no other terms and conditions from any such proposal shall apply

to this AGREEMENT unless specifically agreed to by CITY in writing.

II. TERM

Unless earlier terminated in accordance with Section 4 below, or unless the Scope of Services are

substantially completed, the AGREEMENT will continue in full force and effect from the Effective Date

through Expiration Date . Upon mutual written agreement, the term of this AGREEMENT can be

extended annually for an additional one (1) year period, or longer as the parties agree.

III. COMPENSATION

A. VENDOR’s Fee

For services rendered pursuant to this AGREEMENT, VENDOR will be paid in accordance with

the Compensation Schedule attached hereto as Exhibit B. However, in no event will the total

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amount of money paid the VENDOR, for services initially contemplated by this AGREEMENT,

exceed the sum of write out dollar amount ($00,000.00 ), unless otherwise first approved in

writing by CITY. Should this AGREEMENT be extended pursuant to Section II, the VENDOR’s

fee may be adjusted upon the written agreement of the parties.

B. Schedule of Payment

VENDOR will submit invoices monthly for actual services performed. Invoices shall be

submitted on or about the first business day of each month, or as soon thereafter as practical, for

services provided in the previous month. Payment shall be made within thirty (30) days of receipt

of each invoice as to all non-disputed fees. If the CITY disputes any of VENDOR’s fees it shall

give written notice to VENDOR within thirty (30) days of receipt of an invoice of any disputed

fees set forth on the invoice. Any final payment under this AGREEMENT shall be made within

forty-five (45) days of receipt of an invoice therefor.

IV. TERMINATION OF AGREEMENT

A. The CITY may at any time, for any reason, with or without cause, suspend or terminate this

AGREEMENT, or any portion hereof, by serving upon the VENDOR at least ten (10) days' prior

written notice. Upon receipt of said notice, the VENDOR shall immediately cease all work under

this AGREEMENT, unless the notice provides otherwise. If the CITY suspends or terminates a

portion of this AGREEMENT, such suspension or termination shall not make void or invalidate

the remainder of this AGREEMENT.

B. In the event this AGREEMENT is terminated pursuant to this Section, the CITY shall pay to

VENDOR the actual value of the work performed up to the time of termination, provided that the

work performed is of value to the CITY. Upon termination of the AGREEMENT pursuant to this

Section, the VENDOR will submit an invoice to the CITY pursuant to Section III.

V. FORCE MAJEURE

If any party fails to perform its obligations because of strikes, lockouts, labor disputes, embargoes, acts of

God, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental

restrictions, governmental regulations, governmental control, judicial orders, enemy or hostile

governmental action, civil commotion, fire or other casualty, or other causes beyond the reasonable

control of the party obligated to perform, then that party’s performance shall be excused for a period

equal to the period of such cause for failure to perform.

VI. RETENTION OF FUNDS

VENDOR authorizes CITY to deduct from any amount payable to VENDOR (whether or not arising out

of this AGREEMENT) any amounts the payment of which may be in dispute or that are necessary to

compensate CITY for any losses, costs, liabilities, or damages suffered by CITY, and all amounts for

which CITY may be liable to third parties, by reason of VENDOR’s acts or omissions in performing or

failing to perform VENDOR’s obligations under this AGREEMENT. In the event that any claim is made

by a third party, the amount or validity of which is disputed by VENDOR, or any indebtedness exists that

appears to be the basis for a claim of lien, CITY may withhold from any payment due, without liability

for interest because of the withholding, an amount sufficient to cover the claim. The failure of CITY to

exercise the right to deduct or to withhold will not, however, affect the obligations of VENDOR to insure,

indemnify, and protect CITY as elsewhere provided in this AGREEMENT.

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VII. CITY REPRESENTATIVE

Title of City staff member is designated as the “City Representative,” authorized to act in its behalf with

respect to the work and services specified in this AGREEMENT and to make all decisions in connection

with this AGREEMENT. Whenever approval, directions, or other actions are required by CITY under this

AGREEMENT, those actions will be taken by the CITY Representative, unless otherwise stated. The

CITY’s City Manager has the right to designate another CITY Representative at any time, by providing

notice to VENDOR.

VIII. VENDOR REPRESENTATIVE(S)

The person(s) employed by VENDOR whose name(s) are set forth immediately following the signatures

of the parties executing this AGREEMENT are designated as being the representative(s) of VENDOR

authorized to act on its behalf with respect to the work specified in this AGREEMENT and make all

decisions in connection with this AGREEMENT.

IX. INDEPENDENT CONTRACTOR

The VENDOR is, and at all times will remain as to CITY, a wholly independent contractor. Neither CITY

nor any of its elected officials, officers, employees or agents will have control over the conduct of the

VENDOR or any of the VENDOR’s employees, except as otherwise set forth in this AGREEMENT and

then only as to the results to be accomplished and not the method by which VENDOR provides the Scope

of Services. The VENDOR may not, at any time or in any manner, represent that it or any of its agents or

employees are in any manner agents or employees of CITY.

X. BUSINESS LICENSE

The VENDOR must obtain a CITY business license prior to the start of work under this AGREEMENT,

unless VENDOR is qualified for an exemption.

XI. OTHER LICENSES AND PERMITS

VENDOR warrants that it has all professional, contracting and other permits and licenses required to

undertake the work contemplated by this AGREEMENT.

XII. VENDOR’S ACCOUNTING RECORDS; OTHER PROJECT RECORDS

A. VENDOR shall maintain complete and accurate records with respect to sales, costs, expenses,

receipts, and other such information required by CITY that relate to the performance of services

under this AGREEMENT. VENDOR shall maintain adequate records of services provided in

sufficient detail to permit an evaluation of services.

B. All such records shall be maintained in accordance with generally accepted accounting principles

and shall be clearly identified and readily accessible. VENDOR shall provide free access to the

representatives of CITY or its designees at reasonable times to such books and records; shall give

CITY the right to examine and audit said books and records; shall permit CITY to make

transcripts or copies therefrom as necessary; and shall allow inspection of all work, data,

documents, proceedings, and activities related to this AGREEMENT. Such records, together with

supporting documents, shall be maintained for a period of three (3) years after receipt of final

payment. Upon completion of, or in the event of termination or suspension of this

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AGREEMENT, all original documents, designs, drawings, maps, models, computer files,

surveys, notes, and other documents prepared in the course of providing the services to be

performed pursuant to this AGREEMENT shall become the sole property of the CITY and may

be used, reused, or otherwise disposed of by the CITY without the permission of the VENDOR.

With respect to computer files, VENDOR shall make available to the CITY, at the VENDOR's

office and upon reasonable written request by the CITY, the necessary computer software and

hardware for purposes of accessing, compiling, transferring, copying and/or printing computer

files. VENDOR hereby grants to CITY all right, title, and interest, including any copyright, in and

to the documents, designs, drawings, maps, models, computer files, surveys, notes, and other

documents prepared by VENDOR in the course of providing the services under this

AGREEMENT.

C. All plans, studies, sketches, drawings, reports, and specifications as herein required are the

property of the CITY, whether the work for which they are made be executed or not. In the event

this AGREEMENT is terminated, and at the end of the term of this AGREEMENT, all such

plans, studies, sketches, drawings, electronic documentation, reports, and specifications shall be

delivered immediately to the CITY. VENDOR may retain one copy of each document for

VENDOR’S records, but shall have no proprietary rights to them. CITY agrees to indemnify

VENDOR against any damages caused by the unauthorized re-use of said documents.

XIII. INDEMNIFICATION

A. Non-design, non-construction Professional Services:

To the fullest extent permitted by law (including, but not limited to California Civil Code

Sections 2782 and 2782.8), VENDOR shall indemnify, defend, and hold harmless the CITY, and

its elected officials, officers, employees, volunteers, and agents (“CITY Indemnitees”), from and

against any and all causes of action, claims, liabilities, obligations, judgments, or damages,

including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the

VENDOR’s performance or VENDOR’s failure to perform its obligations under this

AGREEMENT or out of the operations conducted by VENDOR, including the CITY’s active or

passive negligence, except for such loss or damage arising from the sole negligence or willful

misconduct of the CITY. In the event the City Indemnitees are made a party to any action,

lawsuit, or other adversarial proceeding arising from VENDOR’s performance of this

AGREEMENT, the VENDOR shall provide a defense to the City Indemnitees or at the CITY’s

option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees,

incurred in defense of such claims.

B. Non-design, construction Professional Services:

To the extent the Scope of Services involve a “construction contract” as that phrase is used in

Civil Code Section 2783, this paragraph shall apply in place of paragraph A. To the fullest extent

permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8),

VENDOR shall indemnify, defend, and hold harmless the CITY, and its elected officials, officers,

employees, volunteers, and agents (“CITY Indemnitees”), from and against any and all causes of

action, claims, liabilities, obligations, judgments, or damages, including reasonable legal

counsels’ fees and costs of litigation (“claims”), arising out of the VENDOR’s performance or

VENDOR’s failure to perform its obligations under this AGREEMENT or out of the operations

conducted by VENDOR, except for such loss or damage arising from the active negligence, sole

negligence or willful misconduct of the CITY. In the event the City Indemnitees are made a party

to any action, lawsuit, or other adversarial proceeding arising from VENDOR’s performance of

this AGREEMENT, the VENDOR shall provide a defense to the City Indemnitees or at the

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CITY’s option, reimburse the CITY indemnities their costs of defense, including reasonable legal

fees, incurred in defense of such claims.

C. Design Professional Services:

To the extent the Scope of Services require VENDOR to provide “design professional services”

as that phrase is used in Civil Code Section 2782.8, this paragraph shall apply in place of

paragraphs A or B. To the fullest extent permitted by law (including, but not limited to California

Civil Code Sections 2782 and 2782.8) VENDOR shall indemnify, defend and hold harmless the

CITY and its elected officials, officers, employees, volunteers and agents (“City Indemnitees”),

from and against all claims, damages, injuries, losses, and expenses including costs, attorney fees,

expert consultant and expert witness fees arising out of, pertaining to or relating to, the

negligence, recklessness or willful misconduct of VENDOR, except to the extent caused by the

sole negligence, active negligence or willful misconduct of the CITY. Negligence, recklessness or

willful misconduct of any subcontractor employed by CONSULTANT shall be conclusively

deemed to be the negligence, recklessness or willful misconduct of VENDOR unless adequately

corrected by VENDOR.

D. Payment by CITY is not a condition precedent to enforcement of the indemnities in paragraph A,

B, or C. In the event of any dispute between VENDOR and CITY, as to whether liability arises

from the active negligence, sole negligence or willful misconduct of the CITY or its officers,

employees, or agents, VENDOR will be obligated to pay for CITY’s defense until such time as a

final judgment has been entered adjudicating the CITY as having been actively negligent, solely

negligent or as having engaged in willful misconduct. VENDOR will not be entitled in the

absence of such a determination to any reimbursement of defense costs including but not limited

to attorney’s fees, expert fees and costs of litigation. The provisions of this Section 13 shall

survive completion of VENDOR’s services or the termination of this AGREEMENT.

XIV. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES

No elected official, officer, employee, or agent of CITY will be personally liable to VENDOR, in the

event of any default or breach by the CITY or for any amount that may become due to VENDOR.

XV. INSURANCE

Without limiting VENDOR’s indemnification of CITY, and prior to commencement of the Scope of

Services, VENDOR shall obtain, provide and maintain at its own expense during the term of this

AGREEMENT, policies of insurance of the type and amounts described below and in a form that is

satisfactory to CITY.

General liability insurance. VENDOR shall maintain commercial general liability insurance with

coverage at least as broad as Insurance Services Office (ISO) form CG 00 01, in an amount not less than

$1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property

damage. The policy must include contractual liability that has not been amended. Any endorsement

restricting standard ISO “insured contract” language will not be accepted.

Automobile liability insurance. If VENDOR owns vehicles used in performing the Scope of Services in

any manner, VENDOR shall maintain automobile insurance at least as broad as Insurance Services Office

(ISO) form CA 00 01 covering bodily injury and property damage for all activities of the VENDOR

arising out of or in connection with any work to be performed under this AGREEMENT, including

coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000

combined single limit for each accident.

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Workers’ compensation insurance. VENDOR shall maintain Workers’ Compensation Insurance

(Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000), as required by

law.

VENDOR shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation

endorsement in favor of CITY, its officers, agents, employees, and volunteers.

Errors and Omissions/Professional Liability. A policy of professional liability insurance written on a

claims-made basis in an amount not less than $1,000,000. VENDOR shall also procure and pay for

appropriate tail coverage for a minimum of three years following completion of the Scope of Services to

cover any errors or omissions occurring during the Term. In the alternative, VENDOR may elect to obtain

equivalent coverage on an occurrence basis. The CITY’s Risk Manager or City Attorney may waive the

requirement of professional liability insurance if he/she determines that such a policy is not commercially

available to VENDOR. If such a policy is commercially available, additional cost to the VENDOR in

obtaining such a policy shall not be a basis upon which the insurance requirement will be waived.

Other provisions or requirements:

Proof of insurance. VENDOR shall provide certificates of insurance to CITY as evidence of the insurance

coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation.

Insurance certificates and endorsements must be approved by CITY’s Risk Manager prior to

commencement of performance. Current certification of insurance shall be kept on file with CITY at all

times during the term of this contract. CITY reserves the right to require complete, certified copies of all

required insurance policies, including endorsements to such policies, at any time.

Duration of coverage. VENDOR shall procure and maintain for the duration of the AGREEMENT

insurance against claims for injuries to persons or damages to property, which may arise from or in

connection with the performance of the work hereunder by VENDOR, its agents, representatives,

employees, or subconsultants.

Primary/noncontributing. Coverage provided by VENDOR shall be primary and any insurance or self-

insurance procured or maintained by CITY shall not be required to contribute with it. The limits of

insurance required herein 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 non-contributory basis for the benefit of CITY before the CITY’s own

insurance or self-insurance shall be called upon to protect it as a named insured.

CITY’s rights of enforcement. In the event any policy of insurance required under this AGREEMENT

does not comply with these specifications or is canceled and not replaced, CITY has the right but not the

duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly

reimbursed by VENDOR or CITY will withhold amounts sufficient to pay premium from VENDOR

payments. In the alternative, CITY may terminate this AGREEMENT as provided in paragraph IV.

Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized

by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus

Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and

Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating

Guide, unless otherwise approved by the CITY’s Risk Manager.

Waiver of subrogation. All insurance coverage maintained or procured pursuant to this AGREEMENT

shall be endorsed to waive subrogation against CITY, its elected or appointed officials, agents, officers,

employees, and volunteers or shall specifically allow VENDOR or others providing insurance evidence in

compliance with these specifications to waive their right of recovery prior to a loss. VENDOR hereby

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waives its own right of recovery against CITY, and shall require similar written express waivers and

insurance clauses from each of its subconsultants.

Enforcement of contract provisions (non-estoppel). VENDOR acknowledges and agrees that any actual or

alleged failure on the part of the CITY to inform VENDOR of non-compliance with any requirement

imposes no additional obligations on the CITY nor does it waive any rights hereunder.

Requirements not limiting. Requirements of specific coverage features or limits contained in this Section

are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage

normally provided by any insurance. Specific reference to a given coverage feature is for purposes of

clarification only as it pertains to a given issue and is not intended by any party or insured to be all

inclusive, or to the exclusion of other coverage, or a waiver of any type. If the VENDOR maintains higher

limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher

limits maintained by the VENDOR. Any available insurance proceeds in excess of the specified minimum

limits of insurance and coverage shall be available to the CITY.

Notice of cancellation. VENDOR agrees to oblige its insurance agent or broker and insurers to provide to

CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice

is required) or nonrenewal of coverage for each required coverage. In the event VENDOR’s policy of

insurance cannot be endorsed to provide this notice of cancellation, VENDOR shall provide CITY notice

of such cancellation, in writing, not later than 24 hours following the effective time of such cancellation.

Additional insured status. General liability policies shall provide or be endorsed to provide that CITY and

its officers, officials, employees, and agents shall be additional insureds under such policies. This

provision shall also apply to any excess/umbrella liability policies. Each such insurance policy shall

contain language substantially similar to the following clause:

"The City of Pismo Beach, its elected and appointed officials, officers, employees, and agents are named

as additional insureds as respects operations of the named insured performed under contract with the City

of Pismo Beach."

CITY need not be named as an additional insured on professional liability insurance policies.

Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in

compliance with these requirements if they include any limiting endorsement of any kind that has not

been first submitted to CITY and approved of in writing by CITY’s Risk Manager or City Attorney.

Separation of insureds. A severability of interests provision must apply for all additional insureds

ensuring that VENDOR’s insurance shall apply separately to each insured against whom claim is made or

suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any

cross-liability exclusions.

Pass-through clause. VENDOR agrees to ensure that its sub-consultants, sub-contractors, and any other

party providing any work under the Scope of Services under the direction of VENDOR, provide the same

minimum insurance coverage and endorsements required of VENDOR. VENDOR agrees to monitor and

review all such coverage and assumes all responsibility for ensuring that such coverage is provided in

conformity with the requirements of this section. VENDOR agrees that upon request, all AGREEMENTS

with consultants, subcontractors, and others engaged in performing work under the Scope of Services will

be submitted to CITY for review.

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CITY’s right to revise specifications. The CITY reserves the right at any time during the term of the

contract to change the amounts and types of insurance required by giving the VENDOR ninety (90) days

advance written notice of such change. If such change results in substantial additional cost to the

VENDOR, the CITY and VENDOR may renegotiate VENDOR’s compensation.

Self-insured retentions. Any self-insured retentions must be declared to and approved by CITY. CITY

reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a

deductible. Self-insurance will not be considered to comply with these specifications unless approved by

CITY.

Timely notice of claims. VENDOR shall give CITY prompt and timely notice of claims made or suits

instituted that arise out of or result from VENDOR’s performance under this AGREEMENT, and that

involve or may involve coverage under any of the required liability policies.

Additional insurance. VENDOR shall also procure and maintain, at its own cost and expense, any

additional kinds of insurance, which in its own judgment may be necessary for its proper protection and

prosecution of the Scope of Services.

XVI. SUBCONTRACTORS

Before VENDOR retains or hires a subcontractor to provide any work, labor, or services relative to this

AGREEMENT, VENDOR must:

A. Present the name and identifying information of the subcontractor that will provide any work,

labor, or services to CITY;

B. Present to the CITY the form of subcontract that will be used with the subcontractor for CITY’s

approval, which approval will not be unreasonably withheld. Such subcontract agreement must

include an indemnity agreement that is generally in accord with the indemnity obligations

contained in Paragraph 13 of this AGREEMENT and must specifically name the CITY as an

indemnified party; and

C. Secure from the subcontractor evidence of insurance coverage that meets with this

AGREEMENT including naming the CITY as an additional insured as required by this

AGREEMENT, unless such requirement is waived in writing by the CITY Risk Manager as

provided in Paragraph 25 below.

XVII. CONFLICT OF INTEREST

No officer or employee of the CITY may have any financial interest, direct or indirect, in this

AGREEMENT, nor may any officer or employee participate in any decision relating to the

AGREEMENT that affects the officer or employee’s financial interest or the financial interest of any

corporation, partnership, or association in which the officer or employee is directly or indirectly

interested, in violation of any law, rule or regulation.

No person may offer, give, or agree to give any officer or employee or former officer or employee, nor

may any officer or employee solicit, demand, accept, or agree to accept from another person, a gratuity or

an offer of employment in connection with any decision, approval, disapproval, recommendation,

preparation or any part of a program requirement or a purchase request, influencing the content of any

specification or procurement standard, rendering of advice, investigation, auditing, or in any other

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advisory capacity in any way pertaining to any program requirement, contract or subcontract, or to any

solicitation or proposal.

XVIII. NOTICE

All notices, requests, demands, or other communications under this AGREEMENT will be in writing.

Notice will be sufficiently given for all purposes as follows:

A. Personal delivery. When personally delivered to the recipient; notice is effective on delivery.

B. First Class mail. When mailed first class to the last address of the recipient known to the party

giving notice; notice is effective three mail delivery days after deposit in a United States Postal

Service office or mailbox.

C. Certified mail. When mailed certified mail, return receipt requested; notice is effective on receipt,

if delivery is confirmed by a return receipt.

D. Overnight delivery. When delivered by an overnight delivery service, charges prepaid or charged

to the sender’s account; notice is effective on delivery, if delivery is confirmed by the delivery

service.

E. Facsimile transmission. When sent by fax to the last fax number of the recipient known to the

party giving notice; notice is effective on receipt. Any notice given by fax will be deemed

received on the next business day if it is received after 5:00 p.m. (recipient’s time) or on a non-

business day.

Addresses for purpose of giving notice are as set forth immediately following the signatures of

the parties executing this AGREEMENT.

F. Any correctly addressed notice that is refused, unclaimed, or undeliverable because of an act or

omission of the party to be notified, will be deemed effective as of the first date the notice was

refused, unclaimed or deemed undeliverable by the postal authorities, messenger or overnight

delivery service.

G. Either party may change its address or fax number by giving the other party notice of the change

in any manner permitted by this AGREEMENT. Any change in address or fax number that is not

provided to the other party will not void delivery of any notice under this AGREEMENT, and

delivery to the last known address or fax number shall be deemed sufficient for notice under this

AGREEMENT.

XIX. PROHIBITION AGAINST ASSIGNMENT AND SUBCONTRACTING

This AGREEMENT and all exhibits are binding on the heirs, successors, and assigns of the parties. The

AGREEMENT may not be assigned or subcontracted by either CITY or VENDOR without the prior

written consent of the other.

XX. INTERPRETATION

The terms of this AGREEMENT shall be construed in accordance with the meaning of the language used

and shall not be construed for or against either party by reason of the authorship of this AGREEMENT or

any other rule of construction that might otherwise apply.

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XXI. SEVERABILITY

If any part of this AGREEMENT is found to be in conflict with applicable laws, that part will be

inoperative, null and void insofar as it is in conflict with any applicable laws, but the remainder of the

AGREEMENT will remain in full force and effect.

XXII. TIME OF ESSENCE

Time is of the essence in the performance of this AGREEMENT.

XXIII. GOVERNING LAW; JURISDICTION

This AGREEMENT will be administered and interpreted under the laws of the State of California.

Jurisdiction of and venue for any litigation arising from the AGREEMENT will be in the Superior Court

of the San Luis Obispo County, or in the United States District Court for the Central District of

California.

XXIV. COMPLIANCE WITH STATUTES AND REGULATIONS

VENDOR will be knowledgeable of and will comply with all applicable federal, state, county and city

statutes, rules, regulations, ordinances and orders. VENDOR and its subcontractor(s) shall not

discriminate against any person in the performance of this AGREEMENT on the basis of race, religion,

national origin, color, age, sex, sexual orientation, AIDS, HIV status, disability, or any other basis

protected by state or federal law, and shall comply with applicable federal and state equal employment

opportunity laws, ordinances, rules and regulations.

XXV. WAIVER OF BREACH

No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default will

impair the right or remedy or be construed as a waiver. A party’s consent or approval of any act by the

other party requiring the party’s consent or approval will not be deemed to waive or render unnecessary

the other party’s consent to or approval of any subsequent act. Any waiver by either party of any default

must be in writing and will not be a waiver of any other default concerning the same or any other

provision of this AGREEMENT.

XXVI. ATTORNEY’S FEES

Except as provided for in paragraph XV, in any dispute, litigation, arbitration, or other proceeding by

which one party either seeks to enforce its rights under this AGREEMENT (whether in contract, tort or

both) or seeks a declaration of any rights or obligations under this AGREEMENT, the prevailing party

will be awarded reasonable attorney’s fees, together with any costs and expenses, to resolve the dispute

and to enforce any judgment, including post judgment attorney’s fees costs and expenses and any

attorneys’ fees or costs incurred on appeal of any judgment.

XXVII. EXHIBITS

All exhibits identified in this AGREEMENT are incorporated into the AGREEMENT by this reference.

XXVIII. VENDOR’S AUTHORITY TO EXECUTE

The persons executing this AGREEMENT on behalf of the VENDOR warrant that:

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(i) the VENDOR is duly organized and existing under the appropriate State laws;

(ii) they are duly authorized to execute this AGREEMENT on behalf of the VENDOR;

(iii) by so executing this AGREEMENT, the VENDOR is formally bound to the provisions of this

AGREEMENT; and

(iv) entering into this AGREEMENT does not violate any provision of any other AGREEMENT to

which the VENDOR is bound.

XXIX. INTEGRATION; AMENDMENT

This AGREEMENT represents the entire understanding of CITY and VENDOR as to those matters

contained in it. No prior oral or written understanding will be of any force or effect with respect to the

terms of this AGREEMENT. The AGREEMENT may not be modified or altered except in writing signed

by both parties.

CITY: City of Pismo Beach, a Municipal Corporation

Signed: _______________________________

Name: ________________________________

Title: _________________________________

Dated: ________________________________

Signed: _______________________________

Name: ________________________________

Title: _________________________________

Dated: ________________________________

Address for giving notice (See Section XVIII):

760 Mattie Road, Pismo Beach, CA 93449

ATTEST: Signed: _______________________________ Name: Erica Inderlied Title: City Clerk APPROVED AS TO FORM: Signed: _______________________________ Name: David M. Fleishman Title: City Attorney

VENDOR: Vendor Name Signed: _______________________________

Name: ________________________________

Title: _________________________________

Dated: ________________________________

Address for giving notice (See Section XVIII): ______________________________________

______________________________________

Vendor Representative (See Section VIII): Name/Title: ____________________________

CITY USE ONLY

START DATE:

END DATE:

ACCT #:

CONTRACT ADMINISTRATOR:

RETENTION: _____%

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Attachments:

Exhibit A: Scope of Services

Exhibit B: Compensation Schedule