partnership opportunities, resource development, and increased business visibility, among others. The promotion of local businesses will continue to help foster economic stability and growth as businesses adapt to new operational models and market trends.
The Pico Rivera business community has endured many challenges throughout the years, and as businesses continue to find resilient ways to thrive, continuity of the Chamber’s role in supporting small businesses is crucial. The City intends to continue to foster this relationship with the Chamber through the renewal of an MOU.
Conclusion:
Staff recommends that the City Council approve the MOU and direct staff to undertake the necessary actions to proceed with the execution of the MOU through June 30, 2024.
Steve Carmona
SC:AB:JF:jj
Enclosure: 1) Memorandum of Understanding
MEMORANDUM OF UNDERSTANDING
FISCAL YEAR 2023-24
THIS MEMORANDUM OF UNDERSTANDING (MOU) is entered into by and between the City of Pico Rivera, a California municipal corporation (“City”) and the Pico Rivera Chamber of Commerce, Inc., a California corporation (Entity Number C0353994) commonly referred to and known as the Pico Rivera Chamber of Commerce (“Chamber”).
City and Chamber are sometimes herein after individually referred to as a “Party” and collectively referred to as “Parties.”
Whereas, the City Council approved the Fiscal Year 2023-24 Budget on June 27, 2023 per Resolution No. 7289; and
Whereas, the approval of the FY 2023-24 Budget authorizes the City Manager to direct the Chamber to implement programs and projects contained in the Scope of Services referenced below; and
Whereas, the City Manager established this MOU outlining the City’s requirements governing the use of funds by the Chamber.
NOW, THEREFORE, for and in consideration of the performance by the Parties of the mutual covenants and conditions herein contained, the Parties hereto agree as follows:
1. Chamber Services
The Chamber is responsible to perform all work necessary to complete the services set forth in the Scope of Services (Attachment “A”- herein referred to as the “Scope”).
2. Compensation
City agrees to pay Chamber for the services, as noted in the Scope. Chamber agrees that fees for services shall not exceed the authorized amount of $40,000 (Forty Thousand Dollars), unless City has given specific advance approval in writing. City shall disburse payments to Chamber in four (4) equal payments paid on or before the tenth (10th) calendar day of the month following the end of the quarter during the program fiscal year commencing July 1, 2023. For purposes of this Section, the end of the quarter shall coincide with the following dates:
1st Quarter by October 1st
2nd Quarter by January 1st
3rd Quarter by April 1st
4th Quarter by July 1st
Enclosure 1
6a
MEMORANDUM OF UNDERSTANDING
FISCAL YEAR 2023-24
3. Availability of Funds/Modifications
The City’s provision of funding to the Chamber pursuant to this MOU is contingent on the availability of program funds in the City’s Economic Development Administration (EDA) fund and is subject to amendment or termination due to lack of funds or authorization at the City’s sole and absolute discretion. Nothing under this MOU shall be construed as creating any legal obligation on the City to provide funding in the event that funds are no longer available. This MOU is subject to written modification and termination as necessary by the City in accordance with requirements contained in any future Federal or State legislation, regulations or City policy. All other modifications must be in written form and approved by both parties prior to contract execution.
4. Term of MOU
The term of this MOU shall be from July 1, 2023 to June 30, 2024 (herein referred to as the program “Fiscal Year”).
5. Commencement of Performance
The Chamber shall not obligate or request disbursement of funds, incur any cost or initiate identified projects which are subject of this MOU, until the provisions of this paragraph have been fully satisfied:
A. Chamber will not commence work under this Agreement until all insurance required under this section has been obtained. Chamber shall furnish the City with the certificates of insurance evidencing the required coverage. The City will be named as additional insured in the general liability policy. These certificates shall specify or be endorsed to provide that thirty (30) days’ notice must be given, in writing, to the City of any pending cancellation or modifications of the policy.
a. Workers’ Compensation. Chamber shall have in effect during the entire life of this Agreement Workers’ Compensation and Employers’ Liability Insurance providing full statutory coverage. In signing this Agreement, Chamber makes the following certification required by California Labor Code Section 1861:
I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with such provisions before commencing the performance of the work of this Agreement.
b. Liability Insurance. Chamber shall make out and maintain during the life of this Agreement such bodily injury liability and property damage
MEMORANDUM OF UNDERSTANDING
FISCAL YEAR 2023-24
liability insurance as shall protect the Chamber while performing work covered by this Agreement from any and all claims for damages for bodily injury, including accidental death, as well as any and all claims for property damage which may arise from Chamber’s work under this Agreement, whether such work be by Chamber or by any subcontractor or by anyone directly or indirectly employed by either of them. The amounts of such insurance shall be one million dollars and no cents ($1,000,000.00) combined single limit bodily injury and property damage for each occurrence. The City, its officers, employees and agents shall be maintained as additional insured on said policy, and a certificate of said coverage shall be delivered to the City before any work commences. All insurance shall be with insurance carriers licensed in the State of California and in good standing with the California Department of Insurance.
6. Designated Representative
(a) The City’s representative is as follows:
Name and Title: Steve Carmona, City Manager
Address: 6615 Passons Boulevard, Pico Rivera, CA 90660
E-mail Address: [email protected]
Telephone No.: (562) 801-4371
Fax No.: (562) 949-0280
(b) The Chamber’s representative, who shall be responsible for job performance, negotiations, contractual matters, coordination with the City Representative is as follows:
Name and Title: Jorge Juarez, President
Address: 5016 Passons Boulevard, Pico Rivera, CA 90660
Organization: Pico Rivera Chamber of Commerce
E-mail Address: [email protected]
Phone No.:
The Chamber’s services shall be performed by, or shall be immediately supervised by, the Chamber’s representative.
7. Assignment
This MOU is for the professional services of the Chamber. Any attempt by the Chamber to assign the benefits or burdens of this MOU without written approval of the City shall be prohibited and shall be null and void.
MEMORANDUM OF UNDERSTANDING
FISCAL YEAR 2023-24
8. Records, Inspections and Reports
The Chamber shall maintain full and accurate records with respect to all services and matters covered under this MOU. The City shall have free access at all reasonable times to such records, and the right to examine and audit same and to make transcripts therefrom, and to inspect all program data, documents, proceedings and activities. The Chamber shall furnish a final report to the City Manager or the City Manager’s designee days following the end of agreement, in such form as it is requested by the City Manager or designee, with such report to include an accurate and complete record of the number and nature of public inquiries and progress and activity information on other goals and business support services required in this Agreement.
9. Covenants and Conditions
Each term and each provision of this MOU to be performed by the Chamber shall be construed to be both a covenant and a condition.
10. Termination
City may terminate this Agreement at any time, with or without cause, by giving 30 days’ written notice to Chamber.
11. Effect of Termination
Upon termination, as stated in Paragraph 10 of this MOU, the City shall compensate the Chamber only for work done by the Chamber up to and including the date of termination of this MOU, unless the termination is for cause, in which event the Chamber need be compensated only to the extent required by law.
12. Modification of MOU
This MOU is subject to written modification and termination as necessary by the City in accordance with requirements contained in any future federal legislation and regulations affecting this MOU or funding for programs hereunder. All other tasks described in this MOU and all other terms of this MOU may be modified only upon mutual written consent of the City and the Chamber.
13. Use of the term “City”
Reference to “City” in this MOU includes City Manager or any authorized representative acting on behalf of the City.
14. Notices
All notices given, or required to be given, pursuant to this MOU shall be in writing and may be given by personal delivery or by mail. Notice sent by mail shall be addressed
MEMORANDUM OF UNDERSTANDING
FISCAL YEAR 2023-24
to each party’s designated representative as set forth above in Section 6. When addressed in accordance with this paragraph, such notice shall be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices shall be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph.
15. Permits and Licenses
The Chamber, at its sole expense, shall obtain and maintain during the term of this MOU, all appropriate permits, licenses and certificates that may be required in connection with the performance of services under this MOU. In addition, Chamber shall maintain and remain in good standing with the Secretary of State and Franchise Tax Board.
Suspension of corporate status or any permits or licenses shall be cause for termination of remaining funding, at the sole and absolute discretion of the City.
16. Indemnification
Chamber shall defend, indemnify, and hold harmless City and its officers and employees from and against any and all liability claims, suit, loss, damages, costs, and expenses, including attorney’s fees arising out of or resulting from any negligent acts, errors, or omissions of Chamber, its officers, employees, agents, or subcontractors in the performance of their services under this Agreement.
17. Waiver
A waiver by the City of any breach of any term, covenant or condition contained in this MOU shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained in this MOU whether of the same or different character.
18. No Employment Relationship
Chamber is an independent entity from the City. This MOU shall not create or constitute an employment relationship between the City and the Chamber or any of its officers, directors, employees and assigns. The Chamber shall have no power or authority to incur any debt, obligation or liability on behalf of the City.
19. Attorneys’ Fees
Should a dispute arise between the parties to this MOU resulting in legal action, the prevailing party shall be entitled to an award of reasonable attorney’s fees and costs incurred.
MEMORANDUM OF UNDERSTANDING
FISCAL YEAR 2023-24
20. Integrated MOU
This MOU, along with Attachment “A,” represent the entire MOU between the City and the Chamber and supersedes all preliminary negotiations. No verbal MOU or implied covenant shall be held to vary the provisions of this MOU. This MOU shall bind and inure to the benefit of the parties to this MOU and to any subsequent successors and assigns.
In Witness Whereof, the parties have signed this MOU on the dates set forth below.
APPROVED AS TO FORM:
City of Pico Rivera
By:________________________________ Date:____________________ Steve Carmona, City Manager
Pico Rivera Chamber of Commerce
By:________________________________ Date:____________________ Jorge Juarez, Board President
APPROVED AS TO FORM: ATTEST:
____ __________________________
Arnold Glasman, City Attorney Cynthia Ayala, Jr. Deputy City Clerk Budget Approved by City Council Action on June 27, 2023 per Resolution No. 7289.
ATTACHMENT“A”
SCOPE OF SERVICES
FISCAL YEAR 2023–24
The Chamber shall administer services in business promotion, marketing, networking and education to the business community about resources, local issues and concerns, and services, as follows:
A. Business Support Services
I. The Chamber will work with the City of Pico Rivera to develop and maintain an accurate database of businesses in the City of Pico Rivera. This database will serve the Chamber and City in communicating with businesses. The Chamber will use this database to conduct “Business Satisfaction Surveys” to remain informed of ongoing challenges or growth opportunities for Pico Rivera businesses.
II. The Chamber will work with its membership on targeted business promotion activities that will help strengthen the electronic presence of Pico Rivera businesses including, but not limited to, advertising via email blasts, and advertising on the Chamber of Commerce’s website, social media, and the new Virtual City Hall platform.
III. The Chamber will plan and coordinate activities designed to promote businesses within the City such as ribbon-cutting ceremonies, grand openings, and ground breakings in partnership with the City of Pico Rivera as this encourages business promotion, encourages businesses to join the Chamber, and represents an opportunity for business owners to meet City leaders such as the Mayor, council members and local legislators.
IV. The Chamber will plan and coordinate a series of in-person or virtual business seminars, workshops and trainings to inform and educate the business community on a variety of business-related issues, subjects of interest, and resources.
V. The Chamber will assist the City with promoting and encouraging business participation in the “Shop & Dine Pico Rivera” campaign aimed at encouraging residents to support Pico Rivera businesses for shopping and other services by educating them about the importance of local sales tax revenue.
VI. In conjunction with the City of Pico Rivera, the Chamber will coordinate interview opportunities for the Chambers “Business of the Month” program, local businesses success stories, in conjunction with the City’s economic development efforts. The City website and the Chamber website, email distribution lists, and social media will serve as a platform for the City and Chamber to highlight business services and technical assistance provided, to keep our businesses thriving.
VII. The Chamber will work with the City and Pico Rivera Sheriff’s Station to promote and expand the “Business Watch Program”, in addition to speaking opportunities, the Chamber will include articles related to business crime and safety-related issues in the Chamber E-Newsletter.
VIII. The Chamber will assist in the development and distribution of materials relating to the City and its projects in the form of a joint physical “Business Welcome Package”, and work with the City to disseminate.
B. Promotion of the City at Events, Marketing Materials I. The Chamber of Commerce will organize and/or partner with a non-partisan “Candidate’s Forum” for all City Council, School Board, and Water District races.
II. The Chamber will organize, promote and stage an “Annual State of the City”.
C. Visitor/General Public Inquiries:
I. The chamber will provide information services to the public through maintenance of an office. The Chamber staff will be accessible Monday through Friday from 8:30 a.m. to 4:30 p.m. In addition to walk-in traffic, the general public is assisted via phone, email, on-the-field, and virtually. Chamber staff fields calls regarding City services (including trash, water, current Council issues) and local community events.
II. The Chamber will respond to inquiries in a timely manner and will provide a report of activities to the City, the following are examples of activities:
a. Inquires requesting City and business information
b. Walk-ins requesting general information
c. Virtual, mail, fax, email inquiries
d. Distribution of City & Chamber materials, including maps, membership directories, brochures and pamphlets.
III. The Chamber will utilize office space at 5016 Passons Blvd. to distribute and disseminate appropriate information about City programs and services.
IV. The Chamber will maintain a website, www.PicoRiveraChamber.org, providing residents and businesses access to information about the Chamber, the City of Pico Rivera and the business community at all times. The Chamber Calendar will be posted on the website which lists the dates of all City-wide events that are submitted for posting. The website shall be updated on a timely basis.
V. The Chamber will produce and maintain City, visitor and business information materials, such as a membership directory and City map.
VI. The Chamber will establish distribution channels, such as local businesses, community centers, libraries, social media, website etc. to deliver information of City and Chamber events.
To: Mayor and City Council
From: City Manager
Meeting Date: September 12, 2023
Subject: AMENDMENT NO. 1 TO PROFESSIONAL SERVICES
AGREEMENT NO. 22-2138 WITH DUDEK FOR THE
COMPREHENSIVE UPDATE OF TITLE 18, THE ZONING
CODE, OF THE PICO RIVERA MUNICIPAL CODE
Recommendation:
1. Approve Amendment No. 1 to Professional Services Agreement (PSA) No. 22- 2138 with Dudek (Consultant) to increase the compensation by $213,940, for a total not-to-exceed amount of $513,940 for the comprehensive update of Title 18, the Zoning Code; and
2. Authorize the City Manager to execute the amendment to the PSA with the Consultant, in a form approved by the City Attorney for a term of one (1) year with a second-year extension if required.
Fiscal Impact:
Sufficient funding is available in the FY 2023-24 adopted budget, within the General Fund Account No. 180.30.3010-54400 (Professional Services). No additional appropriations are needed at this time.
Background:
On November 8, 2022, the City entered into a Professional Services Agreement with Dudek to prepare City-wide Design Standards and Guidelines for residential, commercial, industrial, and mixed-use development. The completion of this task would communicate the City’s design expectations for high-quality development. Design guidelines function to preserve and enhance the desired character of existing neighborhoods and improve the aesthetic and functional quality of new development projects. To understand the City’s regulatory framework, the consultant team reviewed Title 18 of the Municipal Code, the Zoning Code, for approaches to drafting and incorporating the new standards and guidelines into the existing section of the Code.
The last comprehensive update to the City’s zoning code was in 1993 and has only been modified through a series of smaller amendments over the past 30 years. Toward that 7 CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 12, 2023 AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT NO. 22-2138 WITH DUDEK FOR THE COMPREHENSIVE UPDATE OF TITLE 18, THE ZONING
CODE, OF THE PICO RIVERA MUNICIPAL CODE
end, the first phase of the project has identified several challenges including the redundant and verbose text, an inefficient note system used for development regulations and land uses and the disparate and antiquated approach to current development standards found throughout the Code. This has posed challenges in implementing new amendments to an older code with outdated terminology and organized in a manner that is cumbersome to navigate.
Discussion:
The comprehensive zoning code will create a contemporary user-friendly document that addresses the demands of a modern city. The update is also timely in that it will allow the efficient application of the forthcoming Design Standards and Guidelines for each land use type. The update will be consistent with the City’s adopted General Plan as well as State and Federal requirements. Below are some of the zoning text amendments included in the update:
• Parking
• Outdoor lighting
• Massage Parlors
• Car Washes
• Auto Repair Shops
• Recycling Centers
• Animals/Poultry/Livestock
• Water Efficient Landscape
• Shopping Carts
• Shopping Center Maintenance
• Drive-Throughs
• Outdoor Dining
City staff recommend an amendment to the existing Professional Services Agreement with Dudek to include the comprehensive update of Title 18, the Zoning Code, of the Pico Rivera Municipal Code (PRMC).
Procurement
City staff considered all procurement options including a Request for Proposal (RFP) process but concluded that there were cost savings working with Dudek. In 2022, Dudek was awarded the contract to develop citywide design standards and guidelines. Dudek has worked with City staff for the past nine (9) months on this task and during that time have become intimately familiar with the Pico Rivera General Plan, Specific Plans and the Zoning Ordinance. An RFP process for the comprehensive update of the zoning code would invariably delay the project given that a new firm would need additional time to familiarize themselves with the same policy documents. Moreover, there would be a significant level of redundancy working with potentially two (2) firms on overlapping subjects/tasks; design standards/guidelines development and zoning code update.
Working with Dudek on both tasks would allow for immediate time and cost saving because of the work completed in the last nine (9) months and their familiarity with the subject matter. To capitalize on Dudek’s familiarity with the zoning code, staff saw it most efficient to expand Dudek’s current scope to include the comprehensive zoning code update reflective of Dudek’s work with other jurisdictions. Dudek has offered the City of CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 12, 2023 AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT NO. 22-2138 WITH DUDEK FOR THE COMPREHENSIVE UPDATE OF TITLE 18, THE ZONING
CODE, OF THE PICO RIVERA MUNICIPAL CODE
Pico Rivera the same services and billing rates as their existing services contract with the City of Pismo Beach Department of Community Development. The existing contract between Dudek and the City of Pismo Beach was entered into agreement on April 18, 2019, and includes “Task 4 Zoning Code/Implementation Plan Update.” The contract between Dudek and the City of Pismo Beach was solicited on an open-competitive basis in accordance with applicable Federal, State and County requirements. The Request for Proposal (RFP) was properly noticed and was subsequently received and evaluated according to RFP criteria by an evaluation committee. The contract was awarded to Dudek as the highest-rated, lowest cost, apparent responsive, and responsible proposer.
The PRMC Subsection (D) of Section 3.20.030 provides an exemption to competitive bidding for purchases made “by, though, or in concert with another public agency” if the purchase was made in compliance with state laws or local rules. As stated above, the City of Pismo Beach procurement process for Dudek’s services was done through a competitive RFP process and in compliance with its local rules. Through its 40 years of experience and the City of Pismo Beach bidding and evaluation procedure, Dudek has demonstrated competence and the professional qualifications necessary for the satisfactory performance of the comprehensive update of Tile 18, the Zoning Code, of the PRMC. Thus, the City Council may award this professional services agreement in accordance with statutory authorities and the PRMC.
Environmental Analysis:
The amendment to the professional service agreement with Dudek is not subject to the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15060(c)(3) because it is not a project as defined by the CEQA Guidelines Section 15378.
Approval of the revised agreement does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.
Conclusion:
Staff recommends that the City Council execute Amendment No. 1 to the Professional Services Agreement No. 22-2138 with Dudek increasing the contract amount for a new total not-to-exceed amount of $513,940.
Steve Carmona
SC:AB:EF:jj
Enclosures: 1) Amendment No. 1 Professional Services Agreement No. 22-2138 CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 12, 2023 AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT NO. 22-2138 WITH DUDEK FOR THE COMPREHENSIVE UPDATE OF TITLE 18, THE ZONING
CODE, OF THE PICO RIVERA MUNICIPAL CODE
2) Professional Services Agreement No. 22-2138
3) Contract between Dudek and City of Pismo Beach
4) Dudek 2019 Standard Rate Sheet
5) City of Pismo Beach Request for Proposal Document
6) City of Pismo Beach Agenda Report and Minutes
AMENDMENT NO. 1
TO THE PROFESSIONAL SERVICES AGREEMENT
WITH DUDEK, AGREEMENT NO. 22-2138
THIS AMENDMENT NO. 1 TO AGREEMENT NO. 22-2138 FOR
PROFESSIONAL SERVICES WITH DUDEK, (“Amendment No. 1"), effective as of the date specified in paragraph 5 hereof, is made and entered into by and between the CITY OF PICO RIVERA (“CITY”), and DUDEK, (“CONSULTANT”).
RECITALS
A. CITY and CONSULTANT (collectively referred to as the “PARTIES”) have previously executed that certain Agreement No. 22-2138 Professional Services Agreement Between the City of Pico Rivera and Dudek, dated November 9, 2022 (“Agreement”) relating to professional services in the City of Pico Rivera.
B. Pursuant to Sections 4 of the Agreement, the PARTIES desire to extend the Expiration Date of the Agreement until November 21, 2024.
C. Pursuant to Section 5.1 of the Agreement, the PARTIES desire to amend Sections 3 and 5.1 of the Agreement as set forth herein.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. MODIFICATION OF CONSULTANT’S SERVICES AND FEE SCHEDULE.
The “Scope of Services” included under Section 3.1 and Exhibit A of the Agreement shall hereby be replaced by the Consultant’s May 24, 2023 Scope of Services attached hereto as Exhibit “A-1”. The “Approved Fee Schedule” included under Section 3.2 and Exhibit B of the Agreement shall hereby be replaced by the Consultant’s July 14, 2023, Fee Schedule attached hereto as Exhibit “B-1”.
Exhibits A-1 and B-1 are hereby incorporated by reference into the Agreement.
2. MODIFICATION OF CONSULTANT’S COMPENSATION.
As consideration for the Services provided under Exhibit A-1, Consultant shall be compensated in accordance with Approved Fee Schedule set forth in Exhibit “B1” and the total compensation and costs payable to Consultant under Section 5.1 of the Agreement shall be increased to an amount not-to-exceed Five Hundred Thirteen Thousand Nine Hundred and Forty Dollars ($513,940.00).
3. EXTENSION OF TERM.
Pursuant to Section 4 of the Agreement, the “Expiration Date” of the Agreement under Section 3.4 is hereby extend to November 21, 2024.
4. EFFECT OF AMENDMENTS.
Enclosure 1
7a
Amendment No. 1 to Agreement No. 22-2138
DUDEK
Except as modified herein, either expressly or by necessary implication, the terms and provisions of the Agreement between the CITY and CONSULTANT shall remain in full force and effect. If there is conflict between this Amendment and the Agreement, the terms of this Amendment will prevail.
5. EFFECTIVE DATE.
Unless otherwise specified herein, this Amendment No. 1 shall be effective as of September 12, 2023.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to be executed and attested by their respective officers hereunto duly authorized. “CITY” “CONSULTANT”
CITY OF PICO RIVERA DUDEK
______________________________ _________________________________ Steve Carmona, City Manager
Title: _____________________________
Dated: ________________________ Dated: ____________________________ ATTEST: APPROVED AS TO FORM
___________________________ _________________________________ Cynthia Ayala, Jr. Deputy City Clerk Arnold M. Alvarez-Glasman, City Attorney Proposal Title A-2
City of Pico Rivera
Proposed Scope of Work for the Comprehensive Zoning Code Update (Amendment to Scope of Work for Citywide Objective Design Standards and Guidelines)
TASK 1: PROJECT MANAGEMENT AND COORDINATION
TASK 1.1 PROJECT MANAGEMENT AND COORDINATION
The Dudek project manager will schedule and facilitate ongoing virtual meetings as needed with task leads and City staff to review work conducted, plan for upcoming tasks and milestones, and ensure that the project remains on time and within budget and preparation of monthly invoices. Meeting frequency will be biweekly check-in meetings with City Staff until the completion of the project with (36) coordination meetings. Dudek assumes these meetings will be conducted virtually and will provide the City with Zoom video conferencing lines.
Task 1.1 Deliverables
• Up to a total of (36) 1-hour coordination meetings
• Monthly invoices per the specifications of the City
TASK 1.2 KICK OFF MEETING AND CITY TOUR
Dudek will schedule and conduct a project kickoff meeting within two (2) weeks of the notice to proceed. This meeting with be structured in two parts, with the first devoted to a kickoff meeting and the second devoted to a city tour. The kickoff meeting provides the project team a forum to share aspirations and establish relationships that will last through the life span of the project. This meeting will be structured with client staff and key project partners and will serve the following purposes:
• Confirm project expectations and goals
• Establish roles, responsibilities, and chain of communication protocols, and project team coordination strategy
• Discuss the scope of work, deliverables, schedule, and milestones, and grant funding reporting requirements, as relevant
• Review and learn about related studies and plans, including Pico Rivera’s Housing Element 2021–2029
• Obtain available client-supplied data, maps, documents, and other related information • Establish collaboration tools for information sharing and document delivery • Discuss engagement goals and potential Working Group participants Proposal Title A-3
To gain additional insight related to community character and recent development projects, Dudek will also attend an in-person city tour of the city led by City Staff. The city tour will provide Dudek with the foundational background and context needed to prepare citywide objective design standards and guidelines for residential, mixed-use, commercial, and industrial uses that are reflective of the city’s existing community and character.
Task 1.2 Deliverables
• One (1) combined in-person kickoff meeting and city tour held over the course of a day, led by City Staff and attended by select Dudek key personnel
TASK 2: EXPANDED REVIEW AND EVALUATION
TASK 2.1 CITY STAFF INTERVIEWS
2.1.1 City Staff Interviews Round 1
Dudek values the insight that City staff has to offer as those who are implementing the zoning code on a day-today basis. Therefore, Dudek will conduct interviews with key City staff from the Community and Development Department, Public Works Department, or other relevant departments to get a better understanding of the existing technical issues or interpretations from City staff; concerns, effectiveness, and usability of the existing design standards, guidelines, processes, and enforcement; and overall aspirations for the project. The feedback received from City staff during these open and informal interviews will be used to identify areas of opportunities, highest priorities for the project, and staff’s overarching desires for the project. Dudek assumes that the City Staff interviews will be scheduled via Zoom. The City will identify potential interviewees and be responsible for scheduling interviews. Dudek staff will facilitate interviews and take notes.
Task 2.1.1 Deliverables
• Up to four (4) 30-minute City Staff interviews. The City will identify potential interviewees and be responsible for scheduling interviews. Dudek staff will facilitate interviews and take notes.
2.1.2 City Staff Interviews Round 2
Building off the staff interviewsin Task 2.1.1 for the implementation of design standards and guidelines, Dudek will conduct a second round of two (2) 1-hour interviews with key City staff from the Community and Development Department, Public Works Department, or other relevant departments to identify additional issues, challenges, opportunities, and present best practices and approach for overall City zoning code. The feedback received from City staff during these open and informal interviews will be used to identify areas of opportunities and highest priorities that the zoning code update should address. Dudek assumes that the City Staff interviews will be scheduled via Zoom. The City will identify potential interviewees and be responsible for scheduling interviews. Dudek staff will provide interview questions prior to the interview meeting, facilitate interviews, and take notes. A summary of key interview takeaways to be incorporated into Expanded Code Diagnostic Analysis.
Proposal Title A-4
Task 2.1.2 Deliverables
• (2) 1-hour interviews with key City staff with key findings and recommendations to be incorporated into the Expanded Code Diagnostic Analysis.
TASK 2.2 GENERAL PLAN CONSISTENCY REVIEW
Dudek will work closely with City staff to develop a comprehensive understanding of the existing regulatory framework for development in the City. Our team will conduct a thorough review of the General Plan to confirm consistency with goals and implementation policies, assess for conflicts/inconsistencies related to land use and intensities/densities, and identify locations for zone changes, consolidation of zones, application of existing base zones, or creation of new zones. The General Plan will also be reviewed for consistency with State law. The summary of General Plan Consistency Review be incorporated into Expanded Code Diagnostic Analysis.
Task 2.2 Deliverables
• Review of General Plan consistency with key findings and recommendations to be incorporated into the Expanded Code Diagnostic Analysis.
TASK 2.3 EXPANDED CODE DIAGNOSTIC ANALYSIS
Task 2.3.1 – Document Review
Dudek will work closely with City staff to develop a comprehensive understanding of the existing regulatory framework for development in the City. Our team will conduct a thorough review of all relevant documents and data. This will include an analysis of the data received from City staff as part of Task 1, along with any other relevant planning efforts currently underway by and within the city. In addition, the team will conduct an indepth technical review of the City's adopted policy documents, guidelines, standards and regulations, and procedures, as they relate to the existing design standards and guidelines that govern the development of single- and multiple-family residential, mixed-use, commercial, and industrial uses. The team will consider the objectivity of existing design standards and determine which standards are effective in implementing the City's vision for development and where revisions may be needed. Existing documents, guidelines, standards, and regulations that may be reviewed include the following:
• General Plan, Chapter 2 Core Values and Guiding Principles and Chapter 3 Land Use Element (2014) • 2021–2029 Housing Element
• 5-Year Strategic Plan, Strategic Priorities, Goals, and Strategies • Pico Rivera Urban Greening Plan
• Support goals for trees along commercial corridors, neighborhood streets, bike rack design, and Pico Rivera Street Design Toolbox
• Pico Rivera Municipal Code, Title 18, Zoning
• Chapter 18.42 PROPERTY DEVELOPMENT REGULATIONS
Proposal Title A-5
Building upon the insight and knowledge gained through the City tour and the City staff interviews from Task 1, as well as the findings of the review of relevant data, regulations, policies, and additional documentation, the team will synthesize this information in the form of a memorandum that will include a summary of key findings and recommendations. The recommendations will consider where revisions to adopted regulations may be needed, where opportunities for codifying informal requirements or guidelines may exist, and where new design standards that are clear, objective, in conformance with state law, and consistent across the City’s policy documents, design guidelines, and development standards and regulations, including the City’s General Plan are needed. The outcome of Task 2.3.1 will be a code diagnostic with findings from the evaluation and recommendations for the City to consider to improve the development review and permitting process.
Task 2.3.1 Deliverables
• Review of key documents with findings and recommendations to be incorporated into the Code Diagnostic Analysis
Task 2.3.2 – Current Project Review
Dudek understands that expedited processing can occur through multiple avenues and that both regulatory processes and internal procedures can affect the time associated with development permitting. While the time allocated to cities to review development permits may be regulated under state law (i.e., 60 days to act on an ADU application or 60 days to determine consistency for a proposal under SB 35), internal procedures or limited staffing may make such timeframes challenging. Dudek will review development permit data and project applications provided by City staff that are currently under review. Through this review, Dudek will evaluate development proposals to fully understand how existing development standards are presently being interpreted and applied during the permit review process. Based on the review of recent permit data, current project applications, and the understanding of internal permit review procedures gained during the City staff interviews in Task 1, Dudek will evaluate the existing development permit processes to determine which existing processes are furthering the City’s goal of having clear and consistent project review and permitting procedures. The evaluation will consider existing processes through the lens of state legislative requirements to determine where existing regulatory processes may be in conflict with requirements under state law and will identify further areas for improvement and opportunities for increased clarity to increase certainty in the development review process and maximize efficiency for streamlined review or improved permitting processes. We understand that the City will be deploying an online permitting website in the near future; this will be taken into consideration as part of the evaluation. The outcome of Task 2.3.2 will be a code diagnostic with findings from the evaluation and recommendations for the City to consider to improve the development review and permitting process.
Task 2.3.2 Deliverables
• Review of current projects with findings and recommendations to be incorporated into the Code Diagnostic Analysis
Task 2.3.3 Expanded Code Diagnostic Analysis
Proposal Title A-6
The Dudek will expand on the design focused document review and current project review in Task 2.3.1 and Task
2.3.2 to assess the City zoning code, such as identifying and incorporating Zone Text Amendments, streamlining of Administration/Permit Procedures, updating Land Use Chart and definitions, assessing usability of all Development Standards (not just Design Standards), etc., and review for compliance with State law, including accessory dwelling units and density bonus.
Task 2.3.3 Deliverables
• (1) Draft and (1) Final Code Diagnostic with key findings and recommendations from the analysis of the City’s existing city documents and residential, mixed-use, commercial, and industrial standards, regulations, and design standards and guidelines and current project review. • (1) Draft and (1) Final Expanded Code Diagnostic Analysis with key findings and recommendations.
TASK 2.4 ANNOTATED ZONING CODE OUTLINE
Dudek understands that a comprehensive code update and reorganization of the code may result in a reorientation period for City staff. Based on findings from the Expanded Code Diagnostic Analysis (Tasks 2.1 - 2.3) and the recommended approach, Dudek staff will create an annotated outline of the new Zoning Code with descriptions for each proposed chapter and section. Dudek will also create a before/after reference table to illustrate how content in the current code is organized into the new code.
Task 2.4 Deliverables
• (1) Draft and (1) Final Annotated Outline with before/after reference table.
TASK 3: USE REGULATIONS
TASK 3.1 USE REGULATIONS AND ZONE TEXT AMENDMENTS
Based on findings and initial recommended changes from Task 2.3 (Expanded Zoning Code Diagnostic Analysis), Dudek will update existing or create new land use categories; draft regulations by zone, noting zone permissions, approvals process required, e.g., CUP, etc.; and draft regulations for special use conditions, including specific Zone Text Amendments per City direction as follows:
• Massage Parlors, Research and create new ordinance.
• Car Washes, Research and create new ordinance.
• Auto Repair Shops, Research and create new ordinance. • Recycling Centers, Update existing ordinance.
• Animals/Poultry/Livestock, Update existing ordinance to modernize. Note: Focus on issues with animal confinement, health/safety, etc.
• Water Efficient Landscape, Update existing ordinance. Transfer from Title 13 to Title 18. Expand ordinance to address landscaping in the public realm.
• Shopping Carts, Research and create new ordinance.
Proposal Title A-7
• Shopping Center Maintenance, Research and create new ordinance. Note: Existing issues with small strip centers that do no maintain their property well, e.g., re-striping of parking, lighting, awnings, etc. • Drive-Thru’s, Research and create new stand-alone ordinance or consider folding into Design Standards and Guidelines.
• Outdoor Dining, Research and create new ordinance.
• Parking & Loading, including parking lot outdoor lighting, Update existing ordinance.
City staff and Dudek team will coordinate timing for additional City-led Zone Text Amendment efforts to ensure proper timing and location of implementation.
Task 3.1 Deliverables
• Work for this task to be incorporated into an Administrative Draft, Public Review Draft, and Final Draft of the new Zoning Code, while also addressing comments from the City and the public where appropriate.
TASK 4: DEVELOPMENT STANDARDS & DESIGN GUIDELINES
TASK 4.1 DEVELOPMENT STANDARDS
Dudek will draft new objective development standards as necessary per zone for residential, commercial, mixeduse, and industrial uses, and consider possible revisions to core development standards, such as FAR/density, and parking, dependent on the approach established by the Expanded Code Diagnostic Analysis and consistent with the 2014 General Plan. As needed, new objective development standards will be informed by prototypical site testing (Task 4.2.2) and supplemented by graphics, diagrams, lists, and tables as necessary.
Task 4.1 Deliverables
• Work for this task to be incorporated into an Administrative Draft, Public Review Draft, and Final Draft of the new Zoning Code, while also addressing comments from the City and the public where appropriate.
TASK 4.2 DESIGN STANDARDS AND GUIDELINES
4.2.1 – Design Standards & Guidelines
Paired with the work in Task 4.1 (Development Standards), Dudek will draft new design standards and guidelines as necessary per zone. Our team will build upon the City’s existing development and design standards to create a set of regulations that balance flexibility and predictability, creating a streamlined pathway for development that meets the needs of the City. Dudek will develop a set of enforceable regulations that will be measurable and verifiable for incorporation into the City’s Zoning Code. These regulations will allow flexibility through the provision of measurable ranges and a menu of options within standards allowing flexibility to avoid monotonous and undesirable development. Standards developed through this process will be reinforced through a User’s Guide that provides clear, legible graphics and additional reference materials to support the implementation of the standards and guidelines, as outlined in Task 8.3
Proposal Title A-8
The draft design standards and guidelines will incorporate objective standards for single-family, multifamily, mixed-use, commercial, and industrial uses, responding to the building styles and typologies that are common to the City. Draft standards will address the codification of formal and informal design standards related to site planning, such as building orientation and building massing and elements, such as setbacks and step-backs, building frontages, façades, entrances, materials, landscaping and screening, fencing, signage, open space, and parking design, such as location, screening, and access, as well as EV charging station design. Diagrams and illustrations will accompany the design standards and guidelines to help communicate their intent and function.
In tandem with the objective development standards, Dudek assumes objective design standards and guidelines for applicable residential, commercial, mixed-use, and industrial use zones.
4.2.2 – Prototypical Site Testing
Having trained and practiced as architects, our urban designers and planners are adept at both utilizing and creating objective development standards and design guidelines. For this task, our team will test the usability and feasibility of appropriate building typologies per zone (e.g., townhouse, podium, wrap, etc.) for both the draft development standards and design standards and guidelines established in Task 4.1 and 4.2.1. Studies will focus on those fundamental development and design standards that have the potential to physically inhibit future development, such as building height maximums, setbacks and step-backs requirements, and provisions for parking and open space (Dudek assumes that any recommended changes to standards resulting from these studies will be consistent with the 2014 General Plan). Studies will be represented as conceptual-level site plans and/or 3D axonometric diagrams, paired with program breakdowns as necessary illustrating constraints to the achievable yield of units, floor area square footage, parking, and open space. In doing so, this task will reveal any regulatory barriers the draft development standards and design standards and guidelines may present to future development.
Task 4.2 Deliverables
• Work for this task to be incorporated into an Administrative Draft, Public Review Draft, and Final Draft of the new Zoning Code, while also addressing comments from the City and the public where appropriate.
TASK 5: ADMINISTRATION AND ENFORCEMENT
TASK 5.1 ADMINISTRATION AND PROCEDURES
Dudek will update existing or establish new provisions for roles and responsibilities for all zoning actions, e.g., City Council, Planning Commission, Zoning Administrator, Director, etc. Dudek will also update existing or establish new provisions for administration and procedures for all zoning actions, such as permits, approvals, and appeals, from ministerial to discretionary, including lot mergers, conditional use permits, variances, and zone amendments. Dudek understands that there are no existing provisions for a Design Review process and will establish new provisions ensuring that a Design Review process for residential and mixed-use projects do not conflict with State law. Dudek will also establish new provisions for Developer Agreements.
Proposal Title A-9
Task 5.1 Deliverables
• Work for this task to be incorporated into an Administrative Draft, Public Review Draft, and Final Draft of the new Zoning Code, while also addressing comments from the City and the public where appropriate.
TASK 5.2 ENFORCEMENT
Dudek will update existing or establish new provisions, where necessary, for enforcement of the Zoning Code previsions and will update applicable references to Title 8 (Health and Safety) as needed.
Task 5.2 Deliverables
• Work for this task to be incorporated into an Administrative Draft, Public Review Draft, and Final Draft of the new Zoning Code, while also addressing comments from the City and the public where appropriate.
TASK 5.3 DEFINITIONS
Dudek will update existing or establish new definitions for terms and uses used, focusing on those not currently defined and those in need of modernization, e.g., live/work.
Task 5.3 Deliverables
• Work for this task to be incorporated into an Administrative Draft, Public Review Draft, and Final Draft of the new Zoning Code, while also addressing comments from the City and the public where appropriate.
TASK 6: ADMINISTRATIVE DRAFT AND STUDY SESSIONS
TASK 6.1 ADMINISTRATIVE DRAFT
Dudek will prepare an Administrative Draft of the new Zoning Code for City Staff, Working Group, and Planning Commission review based on work completed in Tasks 3 through 5, including graphics and tables, etc. To better manage/pace input received, Dudek recommends a phased approach to prepare the Administrative Draft in sections that coincide with the City Staff, Working Group, and Planning Commission Study Sessions listed in Task
6.2. At the conclusion of the Study Sessions, Dudek will prepare a complete and comprehensive Administrative Draft of the new Zoning Code for City Staff and Planning Commission review.
Task 6.1 Deliverables
• (1) Administrative Draft of the new Zoning Code for City Staff and Planning Commission review, with comments to be incorporated into Public Review Draft.
TASK 6.2 STUDY SESSIONS & WORKING GROUP
6.2.1 Study Session Rounds
Proposal Title A-10
To better manage/pace input received while drafting the Administrative Draft, Dudek will facilitate four (4) rounds of study sessions and focused meetings with City Staff, Working Group, Planning Commission, and City Council. The purpose of each of the Study Sessions is to provide each group with an update on the work completed to date and provide opportunities for input on the ongoing drafting of the Administrative Draft. Each round will consist of one (1) study session each with City staff, the Working Group, and Planning Commission, totaling up to four (4) City staff study sessions, up to four (4) Working Group study sessions, and up to four (4) Planning Commissions study sessions. Preliminary topics for each of the four (4) rounds of study sessions are listed below:
1. Introduction to Zoning Code Update, issues with existing Zoning Code, draft Zoning Code outline and summary of recommended changes by topic, chapter, and/or section
2. Zoning Map Updates and Use Regulations
3. Development Standards and Design Guidelines
4. Administration and Procedures, and User’s Guide
For each round of study sessions, Dudek will develop and prepare a presentation summarizing the work completed to date based on the topics listed above. This presentation will first be used primarily for the City staff study session, and then revised (per City staff comments) and presented anew to the subsequent groups – Working Group, Planning Commission, and City Council – for additional input. Therefore, Dudek assumes one (1) round of City staff review and revisions to the presentation for each round of study sessions.
The last round of study sessions will culminate in one (1) study session with City Council to provide them a comprehensive summary of the work completed to date prior to the completion of the Administrative Draft.
Based on prior comments, Dudek will develop a draft and final presentation for the City Council study session and assist in preparing the necessary staff report for the City Council study session as needed.
Dudek assumes that City staff study sessions will be conducted virtually, while up to two (2) Senior Dudek staff will present in-person at the Planning Commission study sessions and City Council study sessions as needed.
Task 6.2.1 Deliverables
• Facilitation of up to (9) total Study Sessions, including agendas, summary notes, draft and final presentations with comments incorporated as necessary.
• Assistance with City Council staff report as needed.
6.2.2 Working Group Start Up
LANI will work with City staff to create and establish a Working Group made up of residents, business and property owners, as well as design and development professionals living or working within the city. If desired, the Working Group can be expanded to include representatives from other existing or established community groups and community-based organizations (CBOs). The purpose of the Working Group is to meet regularly Proposal Title A-11
with Dudek and City staff to provide input and feedback throughout the project. Task 6.2.2 includes coordination time to establish the Working Group, including participant outreach, development of template materials, and general meeting content development.
Task 6.2.2 Deliverables
• Establishment of a Working Group
Task 6.2.3 Working Group Meetings Coordination
LANI will facilitate up to six (6) Working Group 1-hour sessions. The first meeting will be to provide a project overview and discuss roles and responsibilities, and review of the Outreach Plan. The second meeting will be held in tandem with the first outreach event. The remaining four (4) Working Group sessions will be held in tandem with the Study Sessions in Task 6.2.1.
We assume that City staff will provide direction on the feedback and comments provided by the Working Group should be incorporated into the Public Review Draft. Per City direction, we have assumed that Spanish speakers will NOT be available for the working group meetings, and Spanish translated materials will NOT be available.
Task 6.2.3 Deliverables
• Deliverables for the work for this task are described in Task 6.1 TASK 7: PUBLIC REVIEW DRAFT
TASK 7.1 PUBLIC REVIEW DRAFT
Building off the Administrative Draft and City staff and Planning Commission input, Dudek will then prepare a Public Review Draft of the new Zoning Code for public review. The Public Review Draft will be a comprehensive packaging of the work completed to date and will include graphics, illustrations, tables, and figures as needed.
Task 7.1 Deliverables
• (1) Public Review Draft for public review, with public comments to be incorporated into Final Draft.
TASK 8: FINAL DRAFT, USER’S GUIDE. AND PUBLIC HEARINGS
TASK 8.1 FINAL DRAFT
Building off the Public Review Draft and public comments, Dudek will then prepare a Final Draft of the new Zoning Code for adoption.
Task 8.1 Deliverables
• (1) Final Draft for adoption.
Proposal Title A-12
TASK 8.2 USER’S GUIDE
The User’s Guide will assist City staff and project applicants in understanding and using the new Zoning Code.
This portion of the User’s Guide will introduce the concept of zoning and requirements for objectivity in development standards, provide a guide for the organization of the updated zoning code, and an overview of the approvals and implementation process, and a process checklist to aid both City staff and project applicants.
Additionally, the User’s Guide will also house the design guidelines from Task 4.2, by providing a visual glossary to aid the public and development community in understand the importance and application of design in the built environment. The design guidelines will consist of graphics, photos, and illustrations to assist with visualization of design quality and will be further clarified through annotations and callouts that demonstrate the relationship between the standards and the graphics. The User’s Guide will assist both City staff and project applicants in streamlining project review as it relates to the newly created Design Review process. The User’s Guide will be published alongside Final Draft of the new Zoning Code.
Task 8.2 Deliverables
• Illustrated User’s Guide in PDF format, incorporating (1) round of comments.
TASK 8.3 PUBLIC HEARINGS
Dudek will finalize and package the updated Zoning Code and all related and necessary documentation for public hearings and adoption. Dudek will prepare a draft presentation for one (1) Planning Commission and (1) City Council hearing for City review and prepare a final version following one (1) round of comments.
Dudek will assist in preparing the staff report for the Planning Commission and City Council hearings, as needed, for a total of up to two (2) staff reports, incorporating (1) round of comments each.
Dudek assumes in-person attendance by up to two (2) Senior Dudek staff at up to two (2) Planning Commission hearings and two (2) City Council hearings.
Task 8.3 Deliverables
• (1) Draft presentation and staff report and (1) final presentation and staff report for one (1) Planning Commission hearing.
• (1) Draft presentation and staff report and (1) final presentation and staff report for one (1) City Council hearing.
TASK 9: OUTREACH AND ENGAGEMENT
TASK 9.1 PUBLIC OUTREACH PLAN & EVENTS
9.1.1 Outreach and Engagement Plan
Proposal Title A-13
Dudek will work with City staff to draft the Outreach and Engagement Plan and establish a comprehensive approach for the Zoning Code Update and Citywide Design Standards and Guidelines. The Outreach and Engagement Plan will clarify the intended goals and objectives of the outreach process and define the desired outcomes such as awareness, education, accessibility, feedback, and involvement as part of the initial project kick-off. Example topics and content to be included in the Outreach and Engagement Plan include:
• Overview of Activities and Events: Including a high-level overview of the outreach events with the broader community, as well as the more focused conversations with the Working Group. Per City direction, the format of the outreach events included in this scope of work will be determined in collaboration with the Working Group. Dudek will also collaborate with the consultant team leading the Historic Whittier Boulevard Specific Plan and Multimodal Plan effort to understand that project’s outreach efforts and potentially find opportunities for synergies as we understand there is a robust engagement program. • Schedule: Based on the project timeline to ensure that outreach and community engagement activities and events occur in a timely manner and contribute to the momentum and enthusiasm for this project.
• Marketing: To publicize the project and each outreach event. We recommend utilizing the City’s existing social media channels and website as a go-to hub for project information, updates, upcoming outreach events, and any deliverables or work products determined by the City as suitable for online dissemination. In addition to sharing updates on the City’s website, we will work with LANI to create and share email blasts, printed flyers posted in business windows or at community destinations with the City and create notices/mailers as appropriate to the community. We can also activate the public realm with marketing materials through banners, sidewalk decals, even with a vacant storefront window display decal that can share up-to-date project information. We have found this “on the ground” tactic to be extremely successful in raising awareness and interest for a project. • Project Brand: Dudek we will work with City staff to establish a project brand and consistent graphic identity for the Zoning Code Update and Citywide Design Standards and Guidelines for all project and outreach collateral, to effectively engage stakeholders throughout the project. This will include a style guide for project-specific fonts, colors, layout formats, and messaging for digital as well as print media for all engagement activities and public facing materials.
The Outreach and Engagement Plan is intended to serve as a flexible and living document that can provide a roadmap for the outreach and engagement process, allowing for redirection or variations where needed.
Task 9.1.1 Deliverables
• One (1) Outreach and Engagement Plan with an overview of activities, a schedule, marketing, and a project branding and style guide
Task 9.1.2 Project Fact Sheets and Collateral
Proposal Title A-14
To encourage community members to learn about the project and engage with informational content in their own time, Dudek will develop a series of project fact sheets and collateral for integration on the City’s website.
Dudek will work with City staff to prepare project fact sheets and collateral related to design standards and guidelines. Building off those documents, Dudek will update the project fact sheets and collateral to include information about the Zoning Code Update. Example fact sheets and collateral include (1) About the project, (2) What is the Zoning Code Update, and (3) Project timeline. Dudek assumes creation of all content and assumes that the City will integrate content within a landing page on the City’s website.
Task 9.1.2 Deliverables
• (1) Fact Sheet and (1) Project FAQs for design standards and guidelines • (1) Fact Sheet and (1) Project FAQs for the comprehensive project, Zoning Code update Task 9.1.3 Outreach Events
Based on the Outreach and Engagement Plan developed in collaboration with City staff, Dudek will schedule, plan, and conduct at least two (2) and no more than three (3) public outreach events, as described in Task 9.2, to collect input from the broader community. We envision our outreach efforts phased across three rounds of input. The first round will focus on general education, information, and opportunities to collect input on issues, constraints, and opportunities in the built environment, the second round will be conducted at a mid-point in time to share progress on the drafting of the Zoning Code update, and a third round to be held in conjunction with the release of the Public Review draft.
• Event #1
During the first round of outreach, Dudek will facilitate one (1) public outreach event, ideally in conjunction with an existing outdoor community event to reach a wider audience. The format and design specifics of the event will be selected in collaboration with the City and the Working Group. The first event will be held after the research and review phase of the project has been completed and will be focused on understanding issues, opportunities, and goals for the project from the broader community so Dudek can obtain early feedback to inform the process. We will have Spanish speakers available at the event, along with English and Spanish translated materials. A combination of Dudek, LANI, and City staff will staff the event. Materials will be interactive, colorful, and accessible to encourage greater participation and conversation. A mix of questions and feedback activities will be included to gather community input to shape the process.
We will launch a short online community survey in conjunction with the first event to share community members the opportunity to provide input on issues, opportunities, and goals for the project. Dudek will work with the City to determine the preferred online platform. The survey will be shared on all available City channels and be accessible via the landing page for the project within the City’s website. If printed versions of the surveys are desired, Dudek assumes that the City will be responsible for printing and distribution.
Proposal Title A-15
• Event #2
During the second round of outreach, Dudek will facilitate (1) public outreach event, ideally in conjunction with an existing outreach community event to reach a wider audience. The event will be held at a mid-point in time during the preparation of the Administrative Draft and will focus on informing the community about the Zoning Code update, providing them with an update on the work completed to date, and invite their input. We will have Spanish speakers available at the second event, along with English and Spanish translated materials. A combination of Dudek, LANI, and City staff will staff the event. We will also launch a short online community survey in conjunction during the second event as agreed upon with the City. If printed versions of the surveys are desired, Dudek assumes that the City will be responsible for printing and distribution.
Task 9.1.3 Deliverables
• At least two (2) and no more than three (3) public outreach events coinciding with existing or planned community events (if possible). Dudek will develop outreach materials, including boards, and summaries, as well as provide necessary materials and supplies as relevant. Dudek will work with City staff to finalize locations, scheduling, planning and logistics for each event and staff each event with support from LANI and City staff. We will coordinate with City staff on logistics and marketing. We will have Spanish speakers available at each event, along with English and Spanish translated materials. • Draft and Final community surveys for the two (2) public outreach events. Dudek will work with the City to determine the preferred platform. If printed versions of the surveys are desired, Dudek assumes that the City will be responsible for printing and distribution.
TASK 9.2 ADDITIONAL PUBLIC OUTREACH EVENT
During the third round of outreach, Dudek will facilitate an additional (1) public outreach event, ideally in conjunction with an existing outreach community event to reach a wider audience. The event will be held in conjunction with the release of the Public Review Draft of the new Zoning Code and will focus on providing the community a comprehensive summary of the changes to the Zoning and inviting them to public comment. We will have Spanish speakers available at the second event, along with English and Spanish translated materials. A combination of Dudek, LANI, and City staff will staff the event.
Task 9.2 Deliverables
• Deliverables for the work for this task are described in Task 9.1.3.
END OF TASKS
14873 (Zoning Code Update)
DUDEK FEE ESTIMATE2019 Rates
Project Team Role: Project Director
Senior Specialist
IV
Senior Specialist
II
Senior Specialist
I
Senior Specialist
I Specialist III Specialist V Analyst V
Senior Specialist
IV Senior Designer
Working group start
up and outreach
plan review
Team Member: Asha Bleir
Gaurav
Srivastava
Catherine Tang
Saez
Elizabeth
Dickson Rachel Lindt Janet Rodriguez Erika Van Sickel Lydia Yen Shannon
Heffernan Raoul Ranoa LANI
Billable Rate: $245.00 $230.00 $200.00 $190.00 $190.00 $160.00 $180.00 $120.00 $230.00 $165.00 Fee Task 1 Project Managment and Coordination
1.1 Project Management and Coordination 4 4 10 50 120 6 6 200 $35,060.00 $35,060.00 $25,060.00
1.2 Kick off and City Tour 52 $9,625.00 $1,404.00 $11,029.00 $11,029.00 Subtotal Task 1 4 4 10 50 120 6 6 252 $44,685.00 $1,404.00 $46,089.00 $37,819.00 Task 2 Expanded Review and Evaluation
2.1 City Staff Interviews
2.1.1 Round 1 10 $1,730.00 $1,730.00 $1,730.00
2.1.2 Round 2 2 4 4 4 14 $2,620.00 $2,620.00
2.2 General Plan Consistency Review 2 20 20 42 $7,660.00 $7,660.00
2.3 Expanded Code Diagnostic Analysis
2.3.1 Document Review 101 $16,485.00 $16,485.00 $16,485.00
2.3.2 Current Project Review 57 $9,270.00 $9,270.00 $9,270.002.3.3 Expanded Code Diagnostic Analysis 2 50 5 2 70 5 134 $23,890.00 $23,890.00
2.4 Annontated Zoning Code Outline 2 28 45 75 $13,260.00 $13,260.00 Subtotal Task 2 8 102 5 2 139 9 433 $74,915.00 $74,915.00 $27,485.00 Task 3 Use Regulations
3.1 Use Regulation and Zone Text Amendments 3 4 63 86 15 171 $29,965.00 $29,965.00 Subtotal Task 3 3 4 63 86 15 171 $29,965.00 $29,965.00
Task 4 Development and Design Standards and Guidelines
4.1 Development Standards 4 64 13 52 13 72 218 $37,110.00 $37,110.00
4.2 Design Standards & Guidelines
4.2.1 Design Standards & Guidelines 8 70 40 36 82 236 $39,040.00 $39,040.00 $41,405.00
4.2.2 Prototypical Site Testing 8 22 70 100 $14,640.00 $14,640.00 $15,780.00 Subtotal Task 4 4 16 156 13 92 36 13 224 554 $90,790.00 $90,790.00 $57,185.00 Task 5 Administration and Enforcement
5.1 Administration and Procedures 2 2 2 32 26 64 $11,070.00 $11,070.005.2 Enforcement 2 2 30 20 54 $9,180.00 $9,180.00
5.3 Definitions 4 2 20 20 46 $7,980.00 $7,980.00
Subtotal Task 5 2 8 6 82 66 164 $28,230.00 $28,230.00
Task 6 Administrative Draft and Study Sessions
6.1 Administrative Draft 4 4 45 36 40 65 40 40 274 $47,740.00 $47,740.00
6.2 Study Sessions
6.2.1 Study Session Rounds 6 2 30 30 30 50 30 28 206 $36,090.00 $899.60 $36,989.60 $8,681.64
6.2.2 Working Group Start Up 3 $655.00 $5,750.00 $6,405.00 $6,405.006.2.3 Working Group Meetings Coordination 8 8 8 10 34 $6,700.00 $16,100.00 $22,800.00 $23,036.00 Subtotal Task 6 10 6 83 66 78 123 70 68 10 517 $91,185.00 $21,850.00 $899.60 $113,934.60 $38,122.64 Task 7 Public Review Draft
7.1 Public Review Draft 4 35 20 15 20 15 40 149 $25,330.00 $25,330.00 Subtotal Task 7 4 35 20 15 20 15 40 149 $25,330.00 $25,330.00 Task 8 Final Draft & Public Hearings
8.1 Final Draft 2 28 15 20 20 10 25 120 $20,740.00 $20,740.00 $23,975.00
8.2 User's Guide 6 30 58 20 48 4 25 191 $32,405.00 $32,405.00 $24,570.008.3 Public Hearings 22 15 37 $6,800.00 $208.00 $7,008.00 $8,861.00 Subtotal Task 8 2 6 80 15 78 55 10 73 4 25 348 $59,945.00 $208.00 $60,153.00 $57,406.00 Task 9 Outreach and Engagement
9.1 Public Outreach Plan & Events
9.1.1 Outreach and Engagement Plan 2 10 4 10 5 31 $6,065.00 $6,065.00 $4,455.00
9.1.2 Project Fact Sheets and Collateral 4 12 16 $3,980.00 $3,980.00 $1,260.009.1.3 Outreach Events 15 24 17 15 19 90 $16,450.00 $5,175.00 $1,290.40 $22,915.40 $23,040.00
9.2 Additional Public Outreach Event 18 12 12 20 62 $10,200.00 $1,373.00 $11,573.00 Subtotal Task 9 39 46 45 35 29 5 199 $36,695.00 $5,175.00 $2,663.40 $44,533.40 $28,755.00 Total Hours 29 40 517 188 361 706 204 440 49 30 2787
$53,212.00 Differential from reallocated funds and removed tasks Total $7,105.00 $9,200.00 $103,400.00 $35,720.00 $68,590.00 $112,960.00 $36,720.00 $52,800.00 $11,270.00 $4,950.00 $481,740.00 $27,025.00 $5,175.00 $513,940.00 $299,984.64 Previous total Percent of Hours (Base) 1% 2% 20% 7% 14% 28% 8% 17% 2% 1%
ORIGINAL FUND
TOTAL FEE ALLOCATION
Dudek Labor Hours and Rates Subconsultant Fees
TOTAL
DUDEK
HOURS
DUDEK LABOR
COSTS
OTHER DIRECT
COSTS
Dudek Project Budget Created 7/14/20231:34 PM Page 1 of 1 Enclosure 2
7b
1 of 12
Vendor Agreement (Rev. 2/2/2018)
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 Dudek (“VENDOR”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
RECITALS:
CITY wishes to retain the services of an experienced and qualified VENDOR to provide the following services:
Planning consulting for General Plan / Local Coastal Plan update 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 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 IV below, or unless the Scope of Services are substantially completed, the AGREEMENT will continue in full force and effect from the Effective Date through June 30, 2021. Upon mutual written agreement, the term of this AGREEMENT can be extended annually under the same terms for an additional one (1) year period, or longer as the parties agree in writing.
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 amount of money paid VENDOR, for services initially contemplated by this AGREEMENT and associated expenses, exceed the sum of four hundred fifty seven thousand six hundred two dollars and twenty cents ($457,602.20), unless otherwise first approved in writing by CITY. Should this AGREEMENT be extended pursuant to Section II, VENDOR’s fee DocuSign Envelope ID: 4D2F8660-9988-44F0-AE09-DB589B0C7911 Enclosure 3 7c
2 of 12
Vendor Agreement (Rev. 2/2/2018)
may be adjusted upon the written agreement of the parties, in the form of an amendment to this AGREEMENT.
B. Schedule of Payment
VENDOR will submit invoices monthly for actual services performed and associated expenses.
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 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. CITY may at any time, for any reason, with or without cause, suspend or terminate this AGREEMENT, or any portion hereof, by serving upon VENDOR at least ten (10) days' prior written notice. Upon receipt of said notice, VENDOR shall immediately cease all work under this AGREEMENT, unless the notice provides otherwise. If 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, 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 CITY. Upon termination of the AGREEMENT pursuant to this Section, VENDOR will submit an invoice to 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.
DocuSign Envelope ID: 4D2F8660-9988-44F0-AE09-DB589B0C7911 3 of 12
Vendor Agreement (Rev. 2/2/2018)
VII. CITY REPRESENTATIVE
The Community Development Director 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 CITY Representative, unless otherwise stated. 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
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 VENDOR or any of 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. 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
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 AGREEMENT, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the DocuSign Envelope ID: 4D2F8660-9988-44F0-AE09-DB589B0C7911 4 of 12
Vendor Agreement (Rev. 2/2/2018)
services to be performed pursuant to this AGREEMENT shall become the sole property of CITY and may be used, reused, or otherwise disposed of by CITY without the permission of VENDOR. With respect to computer files, VENDOR shall make available to CITY, at VENDOR's office and upon reasonable written request by 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 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 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 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 VENDOR’s performance or VENDOR’s failure to perform its obligations under this AGREEMENT or out of the operations conducted by VENDOR, including CITY’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of CITY. In the event CITY Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from VENDOR’s performance of this AGREEMENT, VENDOR shall provide a defense to CITY Indemnitees or at CITY’s option, reimburse 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 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 CITY. In the event CITY Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from VENDOR’s performance of this AGREEMENT, VENDOR shall provide a defense to CITY Indemnitees or at CITY’s option, reimburse CITY Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims.
DocuSign Envelope ID: 4D2F8660-9988-44F0-AE09-DB589B0C7911 5 of 12
Vendor Agreement (Rev. 2/2/2018)
C. Design Professional Services:
In the event VENDOR is a "design professional," and the Scope of Services require VENDOR to provide “design professional services” as those phrases are 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 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 CITY. Negligence, recklessness or willful misconduct of any subcontractor employed by VENDOR shall be conclusively deemed to be the negligence, recklessness or willful misconduct of VENDOR unless adequately corrected by VENDOR. In the event CITY Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from VENDOR’s performance of this AGREEMENT, VENDOR shall provide a defense to CITY Indemnitees or at CITY’s option, reimburse CITY Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. In no event shall the cost to defend charged to VENDOR under this paragraph exceed VENDOR’s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, VENDOR shall meet and confer with other parties regarding unpaid defense costs.
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 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 CITY as having been actively negligent, solely negligent or as having engaged in willful misconduct. Except as otherwise required by Civil Code Section 2782.8, 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 CITY or for any amount that may become due to VENDOR.
XV. INSURANCE
A. 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.
1. 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.
DocuSign Envelope ID: 4D2F8660-9988-44F0-AE09-DB589B0C7911 6 of 12
Vendor Agreement (Rev. 2/2/2018)
2. 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 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.
3. 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.
4. 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.
5. Errors and Omissions/Professional Liability. VENDOR shall maintain 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. 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 VENDOR in obtaining such a policy shall not be a basis upon which the insurance requirement will be waived.
B. Other provisions or requirements:
1. 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.
2. 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.
3. 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 CITY’s own insurance or self-insurance shall be called upon to protect it as a named insured.
4. 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 DocuSign Envelope ID: 4D2F8660-9988-44F0-AE09-DB589B0C7911 7 of 12
Vendor Agreement (Rev. 2/2/2018)
CITY will withhold amounts sufficient to pay premium from VENDOR payments. In the alternative, CITY may terminate this AGREEMENT as provided in paragraph IV.
5. 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 CITY’s Risk Manager.
6. 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 waives its own right of recovery against CITY, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
7. Enforcement of contract provisions (non-estoppel). VENDOR acknowledges and agrees that any actual or alleged failure on the part of CITY to inform VENDOR of noncompliance with any requirement imposes no additional obligations on CITY nor does it waive any rights hereunder.
8. 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 VENDOR maintains higher limits than the minimums shown above, CITY requires and shall be entitled to coverage for the higher limits maintained by VENDOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to CITY.
9. 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.
10. 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.
11. Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement DocuSign Envelope ID: 4D2F8660-9988-44F0-AE09-DB589B0C7911 8 of 12
Vendor Agreement (Rev. 2/2/2018)
of any kind that has not been first submitted to CITY and approved of in writing by CITY’s Risk Manager or City Attorney.
12. 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.
13. Pass-through clause. VENDOR agrees to ensure that its sub-consultants, subcontractors, 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.
14. CITY’s right to revise specifications. CITY reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving VENDOR ninety (90) days' advance written notice of such change. If such change results in substantial additional cost to VENDOR, CITY and VENDOR may renegotiate VENDOR’s compensation.
15. 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.
16. 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.
17. 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 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 XII of this AGREEMENT and must specifically name CITY as an indemnified party; and
C. Secure from the subcontractor evidence of insurance coverage that meets with this AGREEMENT including naming CITY as an additional insured as required by this AGREEMENT, unless such requirement is waived in writing by CITY's Risk Manager as provided in paragraph XXV below.
DocuSign Envelope ID: 4D2F8660-9988-44F0-AE09-DB589B0C7911 9 of 12
Vendor Agreement (Rev. 2/2/2018)
XVII. CONFLICT OF INTEREST
No officer or employee of 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 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 nonbusiness 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.
DocuSign Envelope ID: 4D2F8660-9988-44F0-AE09-DB589B0C7911 10 of 12
Vendor Agreement (Rev. 2/2/2018)
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.
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 DocuSign Envelope ID: 4D2F8660-9988-44F0-AE09-DB589B0C7911 11 of 12
Vendor Agreement (Rev. 2/2/2018)
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.
In the event of any conflict between the terms of this AGREEMENT and the terms of an exhibit, the terms of this AGREEMENT shall control. Notwithstanding the foregoing sentence, the provisions of Section XIII of this AGREEMENT shall not be altered, amended, limited or otherwise affected in any manner by any language included in an exhibit to this AGREEMENT, even if such exhibit purports to affect the provisions of Section XIII.
XXVIII. VENDOR’S AUTHORITY TO EXECUTE
The persons executing this AGREEMENT on behalf of the VENDOR warrant that:
A. the VENDOR is duly organized and existing under the appropriate State laws; B. they are duly authorized to execute this AGREEMENT on behalf of the VENDOR; C. by so executing this AGREEMENT, the VENDOR is formally bound to the provisions of this AGREEMENT; and
D. 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.
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed the day and year last written below.
Signatures begin on next page.
DocuSign Envelope ID: 4D2F8660-9988-44F0-AE09-DB589B0C7911 12 of 12
Vendor Agreement (Rev. 2/2/2018)
CITY:
City of Pismo Beach, a Municipal Corporation
Signed: _______________________________
Name: James R. Lewis
Title: City Manager
Dated: ________________________________
Signed: _______________________________
Name: Jeff Winklepleck
Title: Community Development Director
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:
Dudek
Signed: _______________________________
Name: Frank Dudek
Title: [email protected]
Dated: ________________________________
Address for giving notice (See Section XVIII):
______________________________________
______________________________________
Email address for official communications:
______________________________________
Vendor Representative (See Section VIII):
Name/Title: ___________________________
Attachments:
Exhibit A: Scope of Service
Exhibit B: Compensation Schedule
CITY USE ONLY
START DATE:
END DATE: June 30, 2021
ACCT #:1001-40-402-4021-52101-192003
CONTRACT ADMINISTRATOR: Jeff Winklepleck
RETENTION: 0%
DocuSign Envelope ID: 4D2F8660-9988-44F0-AE09-DB589B0C7911 Chairman/CEO
[email protected]
ENCINITAS, CA 92024
4/18/2019
Frank Dudek
605 THIRD STREET
4/18/2019
4/18/2019
April 18, 2019
Pismo Beach Local Coastal Plan and General Plan Update Page 26 Scope of Services
Task 1. Sea Level Rise Vulnerability
Assessment and GP/LCP Existing
Conditions Report
Pismo Beach includes multiple shoreline types that will be subject to different coastal processes and hazards.
Bluff erosion and slope failure are primary hazards in
the north while beach erosion, coastal flooding, and
riverine flooding are primary concerns in the south.
SLR has the potential to influence all of these hazards but not necessarily in the same way.
Task 1.1 Identify SLR Scenarios
and Methodology
Dudek and M&N will coordinate with CCC Staff to
confirm SLR scenarios, methodology, and erosion data
(including bluff erosion data) to be used in the SLR
vulnerability assessment.
Climate science is a constantly changing field, often
with a high degree of uncertainty. In the case of
California’s SLR projections, the Ocean Protection
Council (OPC) has high confidence in estimates for
SLR up to the 2050 time horizon, after which
uncertainty surrounding emissions scenarios causes
predictions to diverge. Due to the uncertainty
associated with predicting when and at what rate SLR
will occur, we propose to evaluate five SLR scenarios
between 0 and 6.6 feet (0 cm to 200 cm) at even
increments of 1.6 feet (50 cm).
These SLR scenarios are consistent with the hazards
information available from CoSMoS and capture >99%
of the OPC SLR projections through the end of the
century. These scenarios will provide sufficient detail to identify key thresholds at which significant impacts could occur over near-term (2030), mid-term
(2050/2060) and long-term planning horizons.
Task 1.2 Identify Critical Assets/Managers
M&N will assemble an inventory of assets and
resources available from City and County GIS
databases to document the assets and resources that
will be a focus of the vulnerability assessment. The
inventory will be compiled in an ArcGIS platform and
include coastal infrastructure, beaches, coastal
habitats, bluffs, key coastal access points, state and
local transportation, utility infrastructure, homes,
businesses, and parks. These maps will provide the
basis for mapping coastal hazards for each SLR
scenario and provide a good outreach opportunity for
City staff, stakeholder meetings, and public
workshops. This task will also involve coordination with appropriate City staff and other stakeholders to
understand how certain assets function could be
impaired by coastal hazards now and in the future.
Task 1.3 Prepare Existing
Conditions Report
M&N will prepare an existing conditions report to
document the inventory of coastal resources and
assets assembled in Task 1.2 along with a description
of the existing coastal processes that will influence
how resources and assets could be impacted with
future increments of SLR. The topics of this report will include a historic overview of extreme storm events,
littoral sediment supply, bluff erosion processes, and
shoreline change trends. This report will document the
baseline conditions and will be incorporated into the
draft Vulnerability Assessment.
Task 1.4 Prepare Draft
Vulnerability Assessment
M&N will assess the vulnerability of coastal resources
and critical assets to SLR hazards using an approach
consistent with the Coastal Commission’s SLR Policy
Guidance. Coastal hazards for each SLR scenario will
be mapped and compared with the inventory of
Exhibits A & B
DocuSign Envelope ID: 4D2F8660-9988-44F0-AE09-DB589B0C7911 Pismo Beach Local Coastal Plan and General Plan Update Page 27 coastal resources and critical assets. Vulnerability will be evaluated as a function of three factors: hazard
exposure, hazard sensitivity, and adaptive capacity, as illustrated below.
Exposure to coastal processes, such as shoreline
erosion, storm related flooding, and bluff erosion, will be evaluated using CoSMoS. CoSMoS is a multiagency effort led by the USGS to make detailed predictions of coastal flooding and erosion based on
existing and future climate scenarios. FEMA flood
maps and other relevant studies on coastal and
riverine hazards in Pismo Beach will also inform
potential hazards under each SLR scenario.
While the CoSMoS results provide a useful and cost
effective tool for SLR vulnerability assessments, there are assumptions and limitations of the data that are
important to understand. For example, the regional
scale and scope of the CoSMoS study does not factor
in the site-specific details that affect processes like bluff retreat at a given location. It’s important to
understand the data used to make the projections and
the underlying uncertainty in the data so these factors can be considered when assessing when and where
thresholds for significant impacts may occur.
The recently renovated Pismo Beach Pier is a
prominent feature of the City’s coastal zone and is a
popular destination for locals and visitors. Additional wave transformation analysis will be necessary to
adequately assess the vulnerability of Pismo Beach
Pier to SLR. M&N will develop wave crest profiles to
illustrate how different combinations of waves, water
levels, and SLR could impact the existing structure.
Sensitivity and adaptive capacity will be evaluated in
conjunction with asset managers and the project team
to identify critical thresholds where hazard exposure
could result in damage or functional impairment of a
given resource or asset.
Results of the vulnerability assessment will inform
preparation of the LCP by identifying “triggers” at
which significant planning areas, assets, or coastal
resources could be impacted by SLR. The
consequence of the identified impacts will also inform
the policies and programs of the LCP to minimize risk
to important infrastructure, basic services, and
valuable resources. The vulnerabilities and the
consequences identified in this assessment will help
prioritize planning efforts to account for the urgency
(time horizon) of each impact and the importance of
each impact on the community and resources.
Task 1.5 Public Workshop #1
After conducting a Local Coastal Plan Advisory
Committee (LCPAC) meeting (as described in Task 5.3),
Dudek and M&N will conduct Public Workshop #1 to
present the findings of the existing conditions report
and draft vulnerability assessment. This workshop will
provide an opportunity to solicit input from the public regarding what resources and assets are most valued in
the community and how these could be preserved or
protected in the future. As outlined in Task 5.4, the
Dudek team will work with the City to develop an
appropriate workshop format, such as an informational
presentation explaining the draft vulnerability
assessment, as well as an open-house format with
break-out groups and informal discussions.
If the City deems fit, the project team recommends
using this workshop as an opportunity to introduce the
project and discuss the goals and objectives around
the GP/LCP update to the public.
Task 1.6 Final Vulnerability Assessment
and GP/LCP Existing Conditions Report
Based on input from CCC staff, City staff, LCPAC
meeting, and Public Workshop #1, the Dudek team will
complete the Final Vulnerability Assessment and
GP/LCP Existing Conditions Report.
DocuSign Envelope ID: 4D2F8660-9988-44F0-AE09-DB589B0C7911 Pismo Beach Local Coastal Plan and General Plan Update Page 28 Task 1 Deliverables
x Draft Vulnerability Assessment Report
x Draft GP/LCP Existing Conditions Report
x Final Vulnerability Assessment Report
x Final GP/LCP Existing Conditions Report
x Attendance at Public Workshop #1
Task 2. Sea Level Rise
Adaptation Study
SLR is unique among other hazards because it’s a slow
moving disaster that will develop over the span of
decades. The vulnerabilities identified for SLR
projections at the end of the century are overwhelming, but the slow moving nature of climate change and SLR
allows for time to plan, fund, and mitigate these
impacts. Our approach to developing adaptation
strategies will focus on addressing short-term
vulnerabilities (~2030) with effective policy updates
and shovel ready projects while developing a vision for addressing mid- to long-term vulnerabilities with larger scale adaptation projects.
Task 2.1 Identify a range of SLR
adaptation strategies
Building upon the findings and public outreach
gathered from previous tasks, the Dudek team will
develop a range of adaptation strategies based on
the SLR thresholds and impacts identified in Task 1.
Strategies will include planning-level measures,
policy-level measures, and specific project
measures in an effort to improve resilience to SLR
hazards. The adaptation strategies will provide a
starting point for the development of draft policies
and program of the LCP.
Based on the SLR thresholds and time horizons
identified in Task 1, the adaptation strategies will be organized into near-term, mid-term, and long-term
strategies that build adaptive capacity into the City’s important assets and resources. Planning level efforts
may include SLR hazard overlay maps, public
outreach, and education. Policy-level measures may
include land use or zoning regulations aimed at
minimizing risk to existing and future development.
Project-level measures will consider strategies such as accommodation, protection, and retreat and will
evaluate the effectiveness of sediment management
measures (e.g. beach nourishment, sand backpassing,
and winter dike building) and nature-based solutions
to preserve coastal ecosystems and the value they
provide to the community.
Task 2.2 Draft Adaptation Plan
A thoughtful and effective approach to adaptation,
beginning with the planning process, can reduce
adverse impacts from SLR and result in a more
resilient coastal community. The draft adaptation plan
will focus on short-term and mid-term strategies to
reduce the magnitude of impacts from SLR and
coastal hazards.
The Adaptation Plan will also investigate grant
opportunities and other partnership opportunities to
assist with funding future adaptation projects. Given the large areas of development within the FEMA 100-year
floodplain, the Adaptation Plan will complement the
Local Hazard Mitigation Plan because policies and
projects that reduce the flood risk today will also
improve the adaptive capacity to handle SLR.
Consistency between these plans will also ensure that
future adaptation projects provide multiple benefits to the Community and would therefore be eligible for a
range of local, state, and federal grant funding streams.
Task 2.3 Public Workshop # 2
After presenting to the LCPAC (Task 5.3), the Dudek
team will present the Draft Adaptation Plan including
the strategies identified for short-term and mid-term
SLR scenarios and will solicit feedback from the
community in order to shape the Final Adaptation
Plan. The project team will facilitate community
dialogue between community residents, infrastructure
owners/operators, and businesses to confirm
adaptation priorities and implementation timelines to
increase the City’s resilience to SLR. As outlined in
Task 5.4, the Dudek team will work with the City to
develop an appropriate workshop format, such as an
informational presentation explaining the draft
Adaptation Plan as well as an open-house format with
break-out groups and informal discussions.
DocuSign Envelope ID: 4D2F8660-9988-44F0-AE09-DB589B0C7911 Pismo Beach Local Coastal Plan and General Plan Update Page 29 Task 2.4 Final Adaptation Plan
Based on input from CCC staff, City staff, LCPAC,
Public Workshop #2, the Dudek team will complete the
Final Adaptation Plan.
Task 2 Deliverables
x Draft Adaptation Plan
x Attendance at Public Workshop #2
x Final Adaptation Plan
Task 3. General Plan/Local
Coastal Program
The Dudek team will update GP/LCP polices and
descriptions that are out of date in at least three
identified elements, provide recommendations to
transform or eliminate development standards currently
found in the GP/LCP that would be more appropriate to
the zoning ordinance, and draft new policies to bring the GP/LCP current based on (1) the City’s vulnerability
assessment and GP/LCP existing conditions report, (2)
the CCC’s LUP Update Guides for Local Governments, (3)
OPR’s GP Guidelines, and (4) recent CCC guidance and
workshops pertaining to CCA Chapter Three policy areas.
Task 3.1 Draft and Final Work Plan
One of the most critical factors for project success is having a well-developed Work Plan. The Work Plan will
provide a roadmap for both the Dudek Team and City
staff to track important milestones. Upon an in-depth
review of the current GP/LCP, the work plan will refine our scope of work within specific tasks (i.e. Tasks 3 and 4). Dudek team leads and contact information will be
identified for each task. As seen in the project
schedule, many of the tasks overlap, and coordination
between tasks is necessary. The Draft Work Plan will
identify project team coordination and communication
methods. The Draft Work Plan will identify potential
dates for the various meetings and public outreach
identified in Task 5, such as LCAPC meetings. The Draft Work Plan will include a detailed project schedule.
Key players of the Dudek team will participate in one (1) one-hour conference call with City staff to review the
draft work plan. Based on input from the call and from
one round of consolidated comments from City staff,
the Dudek team will complete the Final Work Plan.
Task 3.2 GP/LCP Existing
Conditions Report
The Dudek team will prepare a GP/LCP existing
conditions report that is technically accurate, concise, visually rich, and clearly written so that it can be easily understood and reviewed by City staff and the
community. The GP/LCP existing conditions report will
provide an understanding of how well the City’s land
use patterns and policy framework are helping to
achieve the community vision. Importantly, we will
address new topics that have emerged with the newly
adopted 2017 Office of Planning and Research (OPR)
GP Guidelines, including environmental justice,
healthy communities, equitable and resilient
communities, growth management, and climate
change. We will conduct multiple interviews with
agencies, organizations, and individuals to gain
firsthand insight into each topic. Based on data
gathered and analyses conducted, we will develop
planning and urban design principles across all topics
that clearly identify and address the issues and
opportunities to be addressed. This exercise will set
the stage for refining, updating, and augmenting the
GP by clearly establishing where the City is today
physically, environmentally, socially, and culturally.
We will compile the report into a single document with
a table of contents, list of figures and tables, and an appendix of well-organized and sourced technical data
for maximum user friendliness. All figures, maps, and
exhibits will be of a size approved by the City and
clearly legible. The following topics will be addressed in the GP/LCP existing conditions report:
x Land use
x Growth management
x Conservation and open space
x Safety
x Community services and facilities (optional)
x Noise (optional)
Land Use and Growth Management
The land use chapter will summarize the current state
of urbanization in the City that will be used to prepare DocuSign Envelope ID: 4D2F8660-9988-44F0-AE09-DB589B0C7911 Pismo Beach Local Coastal Plan and General Plan Update Page 30 background information for the EIR and inform the
updates of the Land Use Element. This will include
evaluating existing policies and land use patterns for
how they work to achieve the existing vision, showing
the effects of development since the last GP Update
and evaluating the existing land use capacity and
vacant land inventory using the Dudek team’s infill
estimation tool. This tool analyzes the land use and
assessor data to determine opportunity areas for infill or redevelopment. As a starting point, we will use
aerial mapping, assessor data, and other digital data
obtained from the City and information from the City’s
existing Land Use Element. Other resources will
include existing electronic and hard copy mapping,
building permit records, and windshield surveys to
spot-check areas. This information will be included in
the GIS database assembled for the project.
The following specific information will be included in
the land use chapter of the GP/LCP existing
conditions report:
x An overview of the City's general development
pattern and how it has evolved over time,
including the functional and physical
distribution of land uses (e.g., neighborhoods,
districts, corridors, and employment centers)
x The existing land use categorization system,
including the distribution, location, and
extent of all land uses identified in
Government Code 65302(a)
x A calculation of the potential maximum
buildout of the City based on the existing
policy framework and the density/intensity
limitations for each land use category
x A review of past and current development
proposals to understand the different types of
development occurring under current
regulations
x Identified gaps in services and areas lacking
community assets
x The regulatory framework pertaining to land use
in the City, including City and state regulations,
and City regulatory and policy documents
Conservation and Open Space
In this chapter, we will describe the natural
environment in the City and assess the constraints of
the sensitive resources, including applicable federal,
state, and local regulations or policies that protect
these resources. The information for this chapter will
be derived from existing regional, state, and federal
sources. Information from this chapter will be used to
update the Conservation and Open Space element.
Topics to be addressed include:
x Protected lands and open space
x Scenic resources
x Biological resources; a reconnaissance-level
review of the area will occur focusing on
vegetation communities specifically specialstatus plants and wildlife, streams and wetlands, significant wildlife movement
corridors, and regional habitat conservation
planning in the City (as designated by the
California Natural Diversity Database, the
USFWS, and the California Native Plant
Society). Depending on initial analysis,
additional scope and budget may be required
for a more detailed review of biological
resources.
x Cultural resources
x Natural and mineral resources
x Hydrology and water resources
x Air quality
x Energy use
Safety
This section will outline and map the hazard events
most prevalent in the City (i.e., earthquake, wildfire, extreme weather, landslides, and hazardous materials
movement), extracting from the Local Hazard Mitigation
Plan, and consultation with resources agencies such as
the California Department of Forestry and Fire
Protection and Cal Adapt. The Dudek team will map
hazard events at various levels of intensity (i.e., mild, moderate, and extreme events) to illustrate the range of potential impacts and risk. We will then inventory
existing infrastructure, public facilities, health care centers, populations, land use, and evacuation routes
and will map each hazard event over this inventory.
DocuSign Envelope ID: 4D2F8660-9988-44F0-AE09-DB589B0C7911 Pismo Beach Local Coastal Plan and General Plan Update Page 31 This chapter will also assess the City’s capacity to
respond to hazards. The Dudek team will evaluate the
City’s early warning systems, public notification
systems, and evacuation routes. This assessment will
identify the City’s capacity of existing municipal
programs, policies, ordinances, and state and federal
programs that are currently directly or indirectly
improving the City’s response resilience to hazard
events, and will cross-reference the existing programs
and policies with the risk index to identify any potential gaps in services and resilience. The capability
assessment will present a matrix that cross references
the hazard risk.
Noise (Optional)
The Dudek team will update noise conditions in the
City that will be helpful in updating the City’s Noise
Element. With the presence of the 101, high levels of
noise have the potential to impact quality of life in the community. The Dudek team will conduct a short-term
noise monitoring program to characterize major
sources of noise and noise levels in noise-sensitive
areas. The location of noise monitoring sites will be
closely coordinated with the City. Dudek will also
identify areas of the City that are sheltered from noise in order to preserve and protect the quiet places in the community that could be at risk of noise intrusion.
With so few quiet places remaining in the country, the
absence of noise is becoming more and more rare,
and ever more important in sustaining quality of life.
(See Optional Task 3.4)
Community Facilities (Optional)
The Dudek team will summarize the existing
conditions and service standards for parks and
recreation facilities, schools, libraries, police, fire, emergency services, solid waste and recycling, water
supply, stormwater and wastewater capacity, and
public utilities. This will also include identifying the regulatory framework, strengths and weaknesses, and
planned improvements for each service provider.
Importantly, we will evaluate the distribution and
equitable access to community services (e.g.,
transportation access) and identify any service gaps.
We will also look at the potential need for recovering
and delivering edible food waste, anaerobic digesting,
composting, and remanufacturing facilities. (See
Optional Task 3.4)
Task 3.3 Administrative Draft GP/LCP
Dudek will prepare and submit an electronic copy of
the Administrative Draft GP/LCP to the City for internal or interdepartmental review and comment. This
deliverable assumes incorporation of one (1) round of
consolidated City comments and one (1) round of CCC
comments. We assume one (1) meeting via
teleconference with City staff to discuss comments
received, and one (1) meeting via teleconference with
both City and CCC staff to discuss comments received.
Public comments received from a dedicated website,
mail, and other avenues will be collected. The Dudek
team will compile all comments received on the
Administrative Draft GP/LCP and develop a summary of
comments and responses for consideration. These
comments will also become a required component of the
record for the LCPA materials for submittal to the CCC.
As described herein, we have found success in other
jurisdictions using an approach whereby GP/LCP
revisions are completed in sections by Element or CCA
Chapter Three policy area. This allows the City and CCC staff to focus one or two meetings on a topic to discuss revisions and provide input on draft sections. The
updated section(s) are usually provided to CCC staff at least two weeks in advance of the meeting. Informational meetings for the LCPAC can also be held based on topic
areas to focus discussions and receive clear feedback.
Dudek coastal planners will determine what
documents and text constitute the existing CCCcertified baseline LCP through review of the various existing LCP documents and past amendments, as
well as consultation with CCC staff. As noted, the
existing LCP is combined with the City’s GP, and is
organized by GP elements. Ten elements are included:
Circulation, Conservation/Open Space, Design,
Facilities, Growth Management, Housing, Land Use,
Noise, Parks and Recreation, and Safety. The
document also contains maps, including various land
use maps and a 100 and 500 Year Flood Plain Map.
Each element contains a narrative component as well
as titled objectives, policies, and implementation
policies. The Dudek team proposes to update the
following Elements of the existing GP/LCP (as outlined
in the Work Plan):
Exhibits A & B
DocuSign Envelope ID: 4D2F8660-9988-44F0-AE09-DB589B0C7911 Pismo Beach Local Coastal Plan and General Plan Update Page 32 Land Use Element (Including Growth
Management Policies)
The Dudek team will update the Land Use Element to
address current issues and legislation. We will also
update the land use plan, land use classification
system, development capacity, and GP and zoning
consistency matrix. We will include policy direction for each land use designation to establish clear
expectations in the development application process.
This could include specific direction for Pismo Beach’s neighborhoods and commercial areas. Additional
policy topics to consider pursuant to the OPR GP
guidelines include the equitable distribution and
accessibility of community services and facilities, gaps in services, regional housing needs, transit-oriented
development opportunities, vehicle miles traveled
(VMT) reduction, Low Impact Development strategies,
and water supply per AB 162. Dudek will include
growth management strategies that ensure that the
City is consistent with regional and state growth
requirements and that the City can grow consistent
with physical, social, economic, environmental, and
fiscal goals in a cost-effective, equitable, and politically stable manner.
Land Use Alternatives
As a preliminary task in updating the Land Use Element, Dudek will work with City staff and the community to
develop the Land Use Plan that will guide the long-term physical development of the City. During this task we will rely on the results of the GP/LCP Existing Conditions
Report and input from the community to identify any areas where land use change is appropriate. Given the City’s
largely built-out nature, we do not expect widespread land use changes at this time; rather, we anticipate focusing our attention on specific opportunity areas and verifying that the City’s overall land use plan supports its vision. We will develop a series of land use alternatives based on identified issues and community values.
As part of the effort to prepare alternatives, our team will first develop a Land Use and Development
framework for the Town. This will include community
land use, design and environmental strategies, and
principles to address the following:
x Areas of stability that will not change
x Potential change and opportunity areas
x Majorly constrained or at-risk areas
x Areas with gaps in services (e.g.,
transportation gaps, public facility gaps,
commercial service gaps)
x Areas approved for new development
x Transportation hubs
x Community-identified issue areas
x Areas uniquely susceptible to impacts from
climate change
x Neighborhood edge conditions/transition areas,
and key historic areas or cultural resources
Dudek will explore and prepare three (3) alternatives
that are each consistent with the Land Use and
Development Framework and (at a high level) address
the problems to be solved. Alternatives will be
prepared though an iterative process based on client
input and internal creative reviews. In addition, we will use scenario planning to illustrate how each
alternative would best adapt to changes in technology
(e.g. autonomous vehicles), demographic changes,
and climate change. These alternatives will also satisfy the requirement under CEQA to evaluate a range of
reasonable alternatives in the EIR.
Safety
This element will be updated to address natural
hazards in the context of climate change including
SLR, tsunamis, wildfires, geotechnical and seismic
hazards, bluff erosion, flooding, and wildfires. For the various hazards, thresholds of unacceptable
exposure or risks will be updated and expressed
through polices which will limit the intensity of
development in high risk areas, impose development
standards to provide a measure of protection, and/or
prohibit construction in areas with unacceptable or
unavoidable risks. Through updating development
standards, the Safety Element will protect the public
health, safety, and welfare by 1) denying projects that would impose risks on their neighbors or the
community at large; 2) ensuring that the City
adequately assesses risk when considering future
permits; and 3) ensuring that a financial burden is
not imposed on the general taxpayer by allowing
development in hazard-prone areas.
DocuSign Envelope ID: 4D2F8660-9988-44F0-AE09-DB589B0C7911 Pismo Beach Local Coastal Plan and General Plan Update Page 33 More specifically, the existing Safety Element will be
updated to include new SLR policies based on the
results of the Vulnerability Assessment and Adaptation
Plan as well as other available guidance and technical
studies, such as the CCC’s SLR Guidance Document
(2018 Update). The Vulnerability Assessment and
Adaptation Plan deliverables developed during Task 1
and 2, as well as the GP/LCP Existing Conditions
Report in Task 3.1 will help the Dudek team evaluate
future coastal hazard impacts and identify new and
enhanced coastal hazard adaptation strategies. The
Vulnerability Assessment will be utilized to create
policies and standards that improve the City’s
resiliency and adaptive capacity to the coastal hazards associated with SLR, as identified in the assessment
and modeling portions of the project. M&N will provide
input and review of the Safety Element policies for new and existing development related to coastal hazards
that build upon the results of the SLR Vulnerability
Assessment and Adaptation Plan. Policies included will
address the following:
x Incorporation of relevant CCA Chapter
Three Policies.
x SLR and coastal hazards adaptation policies,
including, for example, accommodation,
protection, and retreat adaptation measures
(or a hybrid) using a phased approach that
sets triggers for successive actions based on
changing coastal conditions.
x Policy options to address, for example,
resources including important public coastal
access and recreation areas, such as
beaches, sensitive habitat areas, and
beachfront public amenities as they become
at risk from SLR. The policies may also
identify a tiered approach to project-specific
SLR and climate change adaptation
strategies that (1) could be allowed as part of
a streamlined permitting strategy and (2)
those that may necessitate more technical
evaluation and mitigation requirements that,
which would help the City offset future
impacts and enable more resilient adaptation
strategies to be pursued.
x New coastal hazards policies to address the
issue of SLR and other coastal hazards
including, but not limited to, rolling setbacks,
transfer of development rights, armoring,
hazard overlay zones, land division
requirements, etc.
x Climate vulnerability and potential threats
from climate change in adherence with the
Natural Resource Agency’s “Safeguarding
California” publication for reducing climate
risk principles, including measures that
protect California’s most vulnerable
populations; achieve multiple benefits from
efforts to reduce climate risks and prioritize
green infrastructure solutions; and that
integrate climate risk reduction with emissions
reductions to the fullest extent feasible.
x Consideration of public trust lands interactions
with private development; critical municipal
infrastructure such as roads, commercial
zones; and natural resources such as
beaches.
We assume that the City, in conjunction with the
public outreach efforts included in this scope of
work, will provide direction for the preferred SLR
and climate change adaptation and mitigation
measures that will help inform the Safety Element.
Conservation and Open Space
The Dudek team will update the Conservation and
Open Space Element. This combined element will
identify and define strategies to protect both coastal
and inland natural resources, including but not limited to biological communities, valued open spaces,
wetlands, and viewsheds. Policies will maximize the
protection of public access, recreation, sensitive
coastal resources, and archaeological resources.
Specific categories represented in this element will
include air quality; archaeology; butterfly habitat;
coastal foothills; Pacific Ocean, tidal zone, and coastal cliffs; Pismo Creek and Price Canyon; Pismo Marsh
Ecological Reserve; and soils and drainage. Resource
protection policies will be designed to reflect current City values and state and federal requirements,
including consistency with Coastal Act Chapter Three
Policies. Comprehensive consideration of natural
resources and amenities will be provided, including
open space and recreation, preservation of biological
resource, and air quality.
DocuSign Envelope ID: 4D2F8660-9988-44F0-AE09-DB589B0C7911 Pismo Beach Local Coastal Plan and General Plan Update Page 34 Task 3.4 (Optional)
An optional task has been provided to update the
following elements of the existing GP/LCP:
Noise Element
In accordance with California Government Code
Section 65302(f), a noise element should utilize the
most accurate and up-to-date information available to
reflect the noise environment, stationary sources of
noise, predicted levels of noise, and the impacts of
noise on local residents. It should be as detailed as
necessary to describe the local situation and offer
solutions to local noise issues. It must include the
considerations of noise levels from:
x Highways and freeways.
x Primary arterials and major local streets.
x Passenger and freight online railroad
operations and ground rapid transit systems.
x Commercial, general aviation, heliport,
helistop, and military airport operations,
aircraft overflights, jet engine test stands, and
all other ground facilities and maintenance
functions related to airport operation.
x Local industrial plants, including, but not
limited to, railroad classification yards.
x Other ground stationary noise sources, including,
but not limited to, military installations, identified
by local agencies as contributing to the
community noise environment.
Dudek will update the noise element by identifying
current ambient community noise levels and
predicting future noise levels from transportation
noise sources. Dudek will also review the existing
policies and recommend any revisions that could
increase the effectiveness of the policies to achieve
the principles of the Noise Element.
Noise Setting: Existing noise levels in the City will be determined based on noise measurements conducted
to address key noise sources within Pismo Beach. The
measurements will be made using an American
National Standards Institute Type 1 or Type 2 calibrated integrating sound level meter. The anticipated noise
measurement program includes the following.
x Highways and Freeways: At least one shortterm sound level measurement (15-30 minutes) will be conducted, along with manual
traffic counts, adjacent to each of the below
highways/freeways. Sound level and traffic
data will be used to calibrate the Federal
Highway Administration (FHWA) Transportation
Noise Model (TNM) for the calculation of
existing and future traffic noise levels.
o US 101
o Highway 1
x Primary Arterials and Local Streets: The same
local roadways addressed in the existing noise
element would also be evaluated in the noise
measurement program for the update and
would include Fourth Street, Mattie Road,
Noyes Road, Oak Park Road, Price Canyon
Road, and Shell Beach Road.
o At least one short-term sound level
measurement (15-30 minutes) will be
conducted, along with manual traffic
counts, adjacent to each of the above
roadways. Sound level and traffic data will
be used to calibrate the FHWA TNM for the
calculation of existing and future traffic
noise levels.
x Passenger and Freight Train Lines: Dudek will
conduct a 24-hour sound level measurement
adjacent to the Union Pacific Railroad (UPRR)
alignment to characterize rail operations noise
levels in Pismo Beach.
o UPRR Alignment/Amtrak Passenger
Train Operations
x Airports: No airports exist in Pismo Beach;
therefore, no sound-level measurements are
proposed for aircraft-related noise within
Pismo Beach.
x Industrial Plants: Dudek will conduct a 24-
hour sound level measurement along the
boundary of the Industrial Area within Pismo
Beach to characterize noise levels from this
use at the closest noise-sensitive land uses
(i.e., residences).
x Other Ground Stationary
Sources/Representative Residential
Neighborhoods: Dudek will conduct up to four
DocuSign Envelope ID: 4D2F8660-9988-44F0-AE09-DB589B0C7911 Pismo Beach Local Coastal Plan and General Plan Update Page 35 (4) 24-hour sound-level measurements to
address other important stationary noise
sources and/or to characterize noise levels in
residential neighborhoods not immediately
adjacent to the transportation noise sources
described above.
Noise Modeling: Measured sound levels and traffic
data counts will be used to model existing and future
noise levels for roadways (i.e., highways and local
roads). Measured sound levels from the railway,
industrial area, stationary noise sources, and
neighborhood areas will be used to produce noise
contour mapping for these noise sources.
Assumptions and methods include the following:
x Highway/Freeway Noise: Dudek will use traffic
count data from Caltrans for existing
conditions and will verify with the City the
annual growth rate to apply to future traffic
volumes through the Build-out year. The FHWA
TNM 2.5 model will be used to evaluate
highway traffic noise.
x Major Arterials/local Roadways: The City will
provide existing traffic count data for each
roadway and will identify the annual growth
rate to apply to future traffic volumes through
the Build-out year. The FHWA TNM 2.5 model
will be used to evaluate highway traffic noise.
x Railway Noise: Dudek will use the measured
sound level from rail operations and sound
attenuation modelling available from the
Federal Rail Authority to construct noise
contours from the rail alignment. Dudek will
contact UPRR to obtain any projections for
future increases in rail activity.
x Industrial Sources/Stationary Noise Sources:
Dudek will apply standard outdoor attenuation
rates for measured sound levels from the
industrial area and other stationary noise
sources to determine the distance at which
noise levels would diminish to those
acceptable for residential uses. Contours may
be provided, depending upon the area
affected by elevated noise level
Dudek will review the existing Noise Element Policies,
compare these to the content and functionality of
other recently updated noise elements, and evaluate
whether revisions to the policies could achieve more
successful achievement of the noise Element
Principles. Dudek will prepare an updated Noise
Element that includes:
x Noise characteristics, acoustic terminology,
and sound levels of common activities
x Important sources of noise in the community
and means for avoiding noise incompatibilities
x Existing noise conditions, including narrative
description and noise contour maps
x Future noise conditions, illustrated with noise
contour maps
x Principles and policies for the management of
community noise
Community Facilities Element
The Facilities Element addresses the services and
infrastructure needs of the community. While not a
state mandated element, this element is critical to
providing services equitably across the community.
The Dudek team will use the GP/LCP existing
conditions report to update the issues, goals, and
policies in this element, with careful attention to the physical and service infrastructure deficits in
disadvantaged and underserved areas.
Task 3.5 Public Workshop #3
Following an LCPAC meeting (Task 5.3), the Dudek
team will present the Administrative Draft GP/LCP at
the third public workshop. If the City deems fit, Public Workshop 3 may also include a presentation of land
use alternatives to the community to help the
development of the Land Use Plan. This workshop will
also focus on describing to the public how SLR
vulnerabilities and adaptation strategies influenced
new and updated GP/LCP policies. As outlined in Task
5.4, The Dudek team will work with the City to develop
an appropriate workshop format, such as an
informational presentation on policy approaches, as
well as an open-house format with break-out groups
and informal discussions. This would allow for a wide
discussion of policies and land use alternatives most
desirable for the community
DocuSign Envelope ID: 4D2F8660-9988-44F0-AE09-DB589B0C7911 Pismo Beach Local Coastal Plan and General Plan Update Page 36 The Dudek team in coordination with the City will
collect and compile all public comments on the
Administrative Draft GP/LCP; all comments will be
included in the file as a required component of the
GP/LCP Update submittal package.
Task 3.6 Draft GP/LCP
Any necessary changes and edits that come out of the
LCPAC meeting, public meeting, and submitted by the
public or stakeholders will be incorporated into the
Draft GP/LCP document as part of Task 3.5. We will
work closely with the City to address and incorporate
all remaining comments into the document. We will
identify which comments or requested changes do not
align with the CCC’s or City’s goals and vision for the GP/LCP Update, and recommend approaches to
address the comments.
Dudek will prepare and submit an electronic copy of
the Draft GP/LCP to the City for internal and
interdepartmental review and comment. This
document will be based on the Administrative Draft
GP/LCP document with City and preliminary CCC
comments incorporated based on iterative review
during meetings with CCC staff. This task assumes
incorporation of one (1) round of revisions following
receipt of consolidated internal City comments on the
Draft GP/LCP and one (1) round of revisions following
preliminary comments from CCC staff.
Task 3.7 Final GP/LCP and CCC Submittal
Based on City Council action and final text changes
provided by staff, Dudek will prepare the final GP/LCP
for submission to the CCC for certification.
Task 3 Deliverables
x Draft and Final Work Plan
x Administrative Draft, Draft, and Final GP/LCP
x Attendance at Public Workshop #3
x Final GP/LCP submittal to Coastal Commission
for Certification
Task 4. Zoning
Code/Implementation Plan Update
The Dudek team will update the zoning regulations to
prepare one comprehensive updated Zoning
Ordinance/Implementation Plan to represent
contemporary planning and zoning best practices,
ensure compliance with the applicable Federal and
State laws, allow for reasonable flexibility, and be
easy to use and understand. The update will correct
for the current inconsistencies between the GP and
Zoning Ordinances.
Task 4.1 Technical Review
LWC will conduct a technical review of the 1983
Zoning Code (Coastal Implementation Plan) and the
1998 Zoning Code (Zoning Ordinance), the Shell
Beach Design Guidelines, and other approved and inprogress relevant documents. The purpose of this review is to analyze the effectiveness of the existing
regulations to implement the GP and LUP and the
strengths and weaknesses of the current codes in
terms of structure, organization, ease of use,
standards, and procedures.
Task 4.2 Identify Zoning Ordinance/
IP Revisions
LWC will prepare a Zoning Ordinance/IP Revisions
memo, identifying necessary revisions to the City’s
existing Zoning Ordinance and IP for consistency with
the GP and LUP update. The memo will address
various topics and development standards and
contain recommendations to maintain, eliminate, or
modify various aspects of the current codes to create
one comprehensive, modern, and consistent zoning
code. The memo will address and make
recommendation on, but not limited to:
x Definitions, including “Existing Development,”
“Redevelopment,” and “Grading.”
x Uses and regulations specific to the different
coastal zone areas including the appealable
and non-appealable areas and areas outside
the coastal zone.
x Standards relating to coastal development bluff
top setbacks, coastal access, and parking.
DocuSign Envelope ID: 4D2F8660-9988-44F0-AE09-DB589B0C7911 Pismo Beach Local Coastal Plan and General Plan Update Page 37 x Updates to overlay zones.
x Development standards, including building
heights, setbacks, floor area ratio (FAR),
signage, roof decks, basements, etc.
x Citywide architectural design requirements
and design guidelines for sub-areas.
x Required permits and permitting authority
for a variety of applications both ministerial
and discretionary.
The Zoning Ordinance/IP Revisions memo will be
reviewed at review meetings with City staff, LCPAC,
the community, decision makers, and decision
makers as described in Task 5. Feedback on the
memo from these meetings will be used in the
preparation of the Draft Zoning Ordinance and
Coastal Implementation Plan.
Task 4.3 Public Workshop #4
Following a presentation to the LCPAC (Task 5.3), the
fourth public workshop (Public Workshop #4) will
present the Zoning Ordinance/IP memo for public
review. Public Workshop #4 will likely focus on gaining additional public insights into various new and
updated development standards that would apply in
the City. As outlined in Task 5.4, the Dudek team will
work with the City to develop an appropriate workshop
format, such as an informational presentation
explaining the Zoning Ordinances/IP Revisions, as well
as an open-house format with break-out groups and
informal discussions.
The Dudek team in coordination with the City will
collect and compile all public comments on the
Administrative Draft GP/LCP; all comments will be
included in the file as a required component of the
LCPA submittal package.
Task 4.4 Administrative Draft
Zoning Ordinance and Coastal
Implementation Plan
Based on the comments received on the Zoning
Ordinance/IP Revisions memo, LWC will prepare an
Administrative Draft Zoning Ordinance and Coastal
Implementation Plan for City staff review. The Draft
Zoning Ordinance and Coastal Implementation Plan
will represent contemporary planning and zoning best
practices, ensure compliance with State and federal
law, allow for reasonable flexibility, and be easy to use and understand.
Task 4.5 Draft Zoning Ordinance and
Coastal Implementation Plan
Based on a single, consolidated set of comments from
City staff on the Administrative Draft Zoning
Ordinance/Coastal Implementation Plan, LWC will
prepare a Public Review Draft Zoning Ordinance/Coastal
Implementation Plan for public review and adoption.
In preparing this draft, the Dudek team will format
the final documents for style and readability and will
assist the City in publishing the document on the
project webpage. The project team will then provide
the Final Draft GP/LCP in electronic format (PDF and
Microsoft Word).
Task 4.6 Final Zoning Ordinance
and Coastal Implementation Plan/
CCC Submittal
Based on City Council action and final text changes
provided by staff, LWC will prepare the final Zoning
Ordinance/Coastal Implementation Plan for
submission to the CCC for certification.
Task 4 Deliverables
x Memo identifying revisions to Zoning
Ordinance and Coastal Implementation Plan
x Administrative Draft, Public Review Draft
Zoning Ordinance, and Coastal
Implementation Plan
x Final Zoning Ordinance and Coastal
Implementation Plan to Coastal Commission
for Certification
x Attendance at Public Workshop #2
Task 5. Public Outreach/
Project Management
The Dudek team will participate in public workshops,
interdepartmental meetings, and various legislative or
advisory bodies within the City. If additional
DocuSign Envelope ID: 4D2F8660-9988-44F0-AE09-DB589B0C7911 Pismo Beach Local Coastal Plan and General Plan Update Page 38 stakeholder/public meetings are deemed necessary
by the City during the GP/LCP update process to
address specific topics or community concerns,
additional meetings will be provided subject to an
additional scope and fee and/or existing budget may
need to be reallocated among tasks.
Task 5.1 Project Kick Off Call
Key players of the Dudek team will participate in one
(1) 1.5 hour teleconference kick off call with the City to review the scope of work, timeline, communication
protocols, and other relevant project information.
Task 5.2 Bi-Weekly Project Team Calls
Key members of the Dudek team will participate in biweekly regular coordination meetings (one hour, via teleconference) during the project term.
Task 5.3 LCPAC Meetings
Key members of the Dudek team will meet with the
LCPAC on a bi-monthly basis, for a total of nine (9)
meetings (1.5-hours). The initial meeting with the
LCPAC will be to discuss the work plan and answer
any questions the LCPAC may have on upcoming
work and process. Meetings will be used to provide
updates to the LCPAC and discuss next steps. Four
of the nine meetings will be used as review
meetings and will include:
x M&N’s participation in two (2) review meetings
with the LCPAC for the purposes of gathering
comments and getting feedback on the Draft
SLR Vulnerability Assessment and the Draft
Adaptation Plan prepared in Tasks 1 and 2.
M&N will present the project overview,
planning area, and results of the Draft SLR
Vulnerability Assessment, providing an
opportunity to solicit input from key
stakeholders, ensuring local knowledge and
experience is incorporated into the final
vulnerability assessment. Similarly, M&N will
present the Draft Adaptation Plan and solicit
feedback from stakeholders to shape the Final
Adaptation Plan.
x Dudek’s participation in one (1) review
meeting with LCPAC for the purposes of
gathering comments and getting feedback on
the Draft GP/LCP.
x LWC’s participation in one (1) review meeting
with LCPAC for the purposes of gathering
comments and getting feedback on the Zoning
Code/IP Revisions memo prepared in Task 4.
Task 5.4 Public Workshops
Holding public workshops is a key task in the GP/LCP
process to build trust with constituents, demonstrate
transparency in governance, and fulfill the legal
requirements of public outreach under CCC
regulations. We know from experience working on
other GP/LCP projects that acknowledging,
considering, and incorporating input received in the
outreach process is a critical component to securing
CCC and City decision maker support of GP/LCP
policies and will reduce any unanticipated concerns
from interested parties or community groups after the
GP/LCP update is submitted to the CCC.
The Dudek team will assist the City with a total of four (4) public outreach meetings occurring throughout the update process, as identified in Tasks 1.5, 2.3, 3.5, and 4.3. x Public Workshop #1 will serve to introduce the
project and discuss the goals and objectives of
the SLR study and GP/LCP update, receive
general public input, facilitate an
understanding of the project, and present key
SLR findings (as identified in Task 1.5 Public
Workshop #1)
x Public Workshop #2, following the completion
of the SLR vulnerability and risk assessment,
will present the key SLR findings and various
adaptation strategies described in Task 2 (as
identified in Task 2.3 Public Workshop #2).
x Public Workshop #3 will take place after the
public release of the Administrative Draft
GP/LCP. Attendees will have the opportunity to
review, ask questions, and provide input
regarding the draft coastal hazards policies
and potential land use alternatives (as
described in Task 3.5 Public Workshop #3).
DocuSign Envelope ID: 4D2F8660-9988-44F0-AE09-DB589B0C7911 Pismo Beach Local Coastal Plan and General Plan Update Page 39 x Public Workshop #4 will present the Zoning
Ordinance/IP memo for public review. This
workshop will likely focus on gaining
additional public insights into various new
and updated development standards that
would apply in the City (as described in Task
4.3 Public Workshop #4).
In coordination with the City, the Dudek team will:
x Develop an appropriate workshop, such as an
informational presentation or an open house
with break-out groups and informal discussions.
x Support the development of presentations and
public outreach materials in coordination with
City staff to communicate the latest sciencebased analysis, LCP/GP and Zoning Ordinance updates, and community options or priorities
in an easy-to-understand fashion.
x Develop information materials for the
stakeholder/public meetings such as display
boards (developed by the Dudek team and the
City staff for each workshop) and/or sheets of
butcher paper (to provide comments);
x Strategize with the meeting participants,
including City staff, on approaches for
appropriate messaging and communication
for these meetings; and
x Collect comments and provide a summary of
comments received and overall outcome of
the meetings.
Each of the four public outreach meetings assume
the following:
x The City will identify meeting locations, site map,
notification process, timeline, and action items;
x The City will prepare content for noticing for
the public meeting in compliance with the
noticing requirements of the CCC’s regulations
(Section 13515 of Title 14 of the California
Code of Regulations);
x The City will develop and provide the following
materials: sign in sheets, comment forms,
Frequently Asked Questions pamphlet, signage
(depending on workshop location and parking);
x The City will be responsible for securing facilities
for public meetings and events, including any
needed permits, audiovisual equipment,
table/chair rentals, fees, and refreshments;
x The City will assist with Spanish-language
translation for materials and notices, and public
workshop, if necessary; and to verify that
environmental justice requirements are met;
x Each meeting will be held for two hours in the
evening (after 5:00 p.m.), in accessible
facilities; and
x Each meeting will involve two key members
from Dudek and one key member from either
the M&N team or the LWC team, in addition to
City staff attendance.
Task 5.5 Study Sessions
M&N will participate in one (1) in-person joint Planning Commission/City Study Session on the SLR
Vulnerability Assessment and Adaptation Plan
prepared in Tasks 1 and 2 to provide information to
the Planning Commission/City Council, gather
feedback, and answer any questions.
Dudek will participate in one (1) in-person joint
Planning Commission/City Study Session on the
Administrative Draft GP/LCP update prepared in Task
3 for the purpose of gathering feedback to inform the
Draft GP/LCP Update, and answering any questions.
LWC will participate in one (1) in-person joint
Planning Commission/City Council Study Session on
the Zoning Code/IP Revisions memo prepared in
Task 4 for the purpose of gathering comments and
getting feedback to inform the Zoning Code/IP
update, and answering any questions the Planning
Commission/City Council may have.
This task does not include the preparation of a formal
presentation or any meeting materials.
Task 5.6 CCC Staff Meetings
The Dudek team believes that coordination and
engagement with Coastal Commission staff throughout
the update process is key to ensuring that the
documents presented for CCC consideration
represents an effort that, to the greatest extent
possible, balances the needs of the residents and
visitors of Pismo Beach with the goals of the CCA.
DocuSign Envelope ID: 4D2F8660-9988-44F0-AE09-DB589B0C7911 Pismo Beach Local Coastal Plan and General Plan Update Page 40 Through CCC coordination, the Dudek team will receive
input to verify that CCC staff are comfortable with the depth and detail in the SLR Assessment to support the
direction of the GP/LCP update planning process.
Including the CCC early in this process will give the City the opportunity to provide feedback on more
controversial and complicated coastal SLR and climate
change planning topics, such as shoreline protection
structures, beach nourishment, and groins and
offshore breakwaters. Ideally, the coordination process with CCC staff will be initiated directly after the first project kickoff meeting so that any additional work on
the vulnerability or adaptation assessments can be
included in the refined work plan.
As such, the Dudek team will meet with CCC staff, one
(1) hour each, two (2) in person, and 10 via
teleconference to ensure early and regular
coordination and will transmit documents
electronically in advance of the meetings.
Task 5.7 Public Hearings
One member from the Dudek team will attend, make a
formal presentation, (via PowerPoint), and answer
questions at four (4) public hearings with any
combination of the Planning Commission, City Council,
and/or the Coastal Commission. This task assumes
the City will prepare and provide meeting materials.
Task 5.8 Meeting material and
summaries/notes
The Dudek team will provide meeting notes for all
project calls and will provide summaries for outreach
activities (i.e. LCPAC meetings, Study Session, and
Public Hearings). This task assumes that the City will
provide any necessary meeting materials.
Task 5. Project Management
To account for the various as-needed meetings and
conference calls and to maintain responsive email
correspondence, this task assumes sixteen (16) hours
per month of project management, on average,
throughout the duration of the contract.
Throughout the project, our project manager and GP
and LCP team leads will coordinate regularly with City
(and CCC staff, if requested by the City), including
email and bi-weekly project team conference calls to
check-in and discuss project components, review
draft work products, and to receive comments and
direction on the GP/LCP Update.
Additionally, our project manager and GP and LCP team
leads will keep a set of draft documents, tracking
revisions as the project progresses. We will utilize Webbased tools, such as a shared file site, so that draft electronic documents can be obtained and reviewed by
the City and CCC staff and worked on simultaneously, as necessary. Our project manager will also keep a budget
tracking spreadsheet, including progress reporting, for monthly submittal to the City.
As the project timeline may be affected by
coordination with CCC staff, we suggest setting up a
protocol with CCC staff to streamline draft
document/policy transmittals and to receive CCC
comments and feedback. We also suggest setting
up pre-scheduled CCC meetings in order to keep the
project on schedule and budget. Early and ongoing
coordination with CCC staff is critical to managing
the project schedule because local hearings and
approvals can be delayed if feedback on proposed
policy language prior to local hearings is not
provided in a timely manner by CCC staff. Therefore,
based upon recent experience, our team will
strategize with the City for the proper packaging of
submittals to CCC staff for streamlined review. We
have found that keeping track of revisions and
policy suggestions using a “key issues list” will
assist with focusing on important areas of
discussion throughout the process.
Task 5 Deliverables:
x Bi-weekly project team conference calls
x Bi-monthly meetings with the LCPAC, Nine
(9) meetings total, four (4) of which will be
review meetings
x Preparation for and attendance at four (4)
Public Workshops
x Preparation for and attendance at three (3)
Study sessions
x Preperation for and attendance at up to 12
CCC staff meetings
x Attendance at four (4) Public Hearings
DocuSign Envelope ID: 4D2F8660-9988-44F0-AE09-DB589B0C7911 Pismo Beach Local Coastal Plan and General Plan Update Page 41 Task 6. Grant Funding Assistance
Task 6.1 Grant Acquisition
The Dudek team includes grant-writing experts who
assist agencies in identifying appropriate grant
opportunities for their projects. Using a targeted
approach, Dudek will analyze project objectives, match
goals to opportunities, and employ a “writing-to-win”
method. Moreover, Dudek’s team prides itself on
having a high rate of success when it comes to grant
acquisition by ensuring that we do our due diligence
prior to applying for grants. Our team will thoroughly
vet the proposed project and verify there is a strong
correlation between the project and potential grant
requirements and eligibility. Dudek will attend all
relevant meetings and workshops related to grant
guidelines and will reach out to grantor agency staff to discuss the GP/LCP update. Dudek will also work with
the City to determine the likely local, regional, or
statewide competition. Therefore, with a systematic
approach, Dudek’s aims to mitigate risks associated
with applying for funds.
Our team understands that successful grant funding
consists of two-thirds planning and one-third writing.
Dudek will assist with fund disbursement and
reporting compliance, allowing the City to focus on
project implementation, while we complete
administrative tasks. Our team will provide a full range of grant administration services, including developing
project- and grant/loan-specific templates and forms,
generating materials packages and documents for
agency review and processing, negotiating favorable
grant terms and/or extensions, when needed, and
coordinating with project proponents to submit
necessary grant reimbursement materials.
Dudek will conduct thorough grant research prior to
identifying a course for funding. This research entails discussions with the funding agencies, as well as City
staff. Moreover, Dudek will work to identify project
aspects, project partners, and funding streams that
may be new to the City. For example, by identifying and establishing good project partnerships to the extent
projects or project elements can be funded through a
collaborative approach for multiple benefits, Dudek
will endeavor to find and cultivate those opportunities.
Task 6.2 Grant Proposal Development
Dudek’s key priorities in completing applications is to maximize the competitiveness of the application,
develop a work plan and associated budget, and
schedule for successful completion of the identified
project. Dudek will verify that the grant application fully satisfies the evaluation criteria used to score the
application and rank it against others. The key
elements of the application required for maximizing
scoring are typically an effective project justification and a detailed work plan, as well as a defensible
budget. Ensuring internal consistency within all
portions of the application is one of the most
important aspects of compelling and successful
applications, along with succinctly articulating the
need and benefits of the project vis-à-vis the grant
requirements/guidelines. Procedurally, Dudek will
outline a timeline for each application and prepare a
draft application package, transmit the package to City staff, and request one round of consolidated
comments. Once comments from City staff are
received, Dudek will prepare a final application for
submittal and submit it to the funding agency.
As appropriate, once the application(s) have been
submitted, Dudek will follow up with the appropriate
funding agency staff to confirm that application
materials were received. At appropriate intervals,
Dudek will contact funding agency staff to inquire
about their review. Dudek will keep the City abreast of all contact and outcomes of discussions with the
funding agency.
Task 6.3 Grant Administration
Dudek is experienced in the administration of complex
grant implementation and administration projects.
Dudek will work with City staff to ensure 100%
conformance with the grant administration
requirements. Dudek will work with the City on
progress reports and invoices at the beginning of the
project to allow for iterative review between team
members and for clarification of grant requirements.
Dudek will provide reminders to the team in advance
of grant reporting and submittal deadlines. Dudek will
review invoices for eligible expenses and grant match.
Dudek will consolidate eligible grant expenses into the requisite invoice template for submittal to the funding DocuSign Envelope ID: 4D2F8660-9988-44F0-AE09-DB589B0C7911 Pismo Beach Local Coastal Plan and General Plan Update Page 42 agency. Dudek will compile progress reports and
consolidate them into a single progress report. Dudek
will meticulously review draft reports, invoices, and
deliverables to make sure they accurately reflect
progress and associated costs within the grant
reporting period and are consistent with the grant
guidelines. Dudek will submit all invoices and reports
to the City for review and, once revised and finalized to the granting agency.
Dudek will document compliance with the Labor
Compliance Program requirements as required by a
funding agency. At the end of the project, Dudek will
provide the City with a complete file containing final
versions of grant submittals, as well as necessary
backup documentation that the City may need in the
case of an audit.
Task 6.4 Submittal of Reports
Dudek will develop draft and final versions of progress reports and project completion reports or grant close
out reports as requested by the funding agency
(agencies). Dudek will provide templates and guidance
to the City and the consultants to clarify the grant
terms and requirements for reports. Dudek will review
all reports for consistency with grant requirements and allow for City review of all drafts prior to submittal to the grant agency.
DocuSign Envelope ID: 4D2F8660-9988-44F0-AE09-DB589B0C7911 Employee Ali A Geraghty Melis Okter Sarah F Richmond Shannon C Wages Rose M Kelly Zoe Carlson Madelyn Murray Joseph W Harrison Linda D Oppen
Giles Raoul B Ranoa Joshua B Becker
Billing Category Senior Specialist II Specialist III Specialist V Senior Specialist II Specialist I Grant Specialist Analyst III Analyst III Analyst IV Analyst V Project
Director/Environme
ntal GIS Specialist III Project Coordinator Senior Designer senior designer % Used on job 16% 28% 6% 10% 12% 2% 5% 2% 3% 1% 2% 3% 8% 3% 1% Phase 200.00 160.00 180.00 200.00 130.00 180.00 100.00 100.00 110.00 120.00 245.00 150.00 115.00 165.00 165.00 Task 1.1 Identify SLR Scenarios and Methodology - - 5,562.00 $ 5,562 - 5,562.00 Task 1.2 ID Critical Assets / Manager - - 11,276.00 $ 11,276 - 11,276.00 Task 1.3 Prepare Existing Conditions Report - - 12,984.00 $ 12,984 - 12,984.00 Task 1.4 Prepare Draft Vulnerability Assessment 5 5 800 20,616.00 $ 20,616 - 21,416.00 Task 1.5 Public Workshop #1 5 10 10 25 4,400 8,139.60 $ 8,140 - 1,000 13,539.60 Task 1.6 Final Vulnerablity Assessment - - 7,528.00 $ 7,528 - 7,528.00Task 2.1 Identify a range of SLR adaptation Strategies - - 10,156.00 $ 10,156 - 10,156.00 Task 2.2 Draft Adaptation Plan 5 5 800 11,200.00 $ 11,200 - 12,000.00 Task 2.3 Public Workshop #2 5 10 10 25 4,400 5,243.60 $ 5,244 1,000 10,643.60 Task 2.4 Final Adaptation Plan - - 6,492.00 $ 6,492 - 6,492.00Task 3.1 Draft and Final Work Plan 3 15 18 3,000 - $ - - 3,000.00 Task 3.2 GP/LCP Existing Conditions Report 4 20 4 18 30 26 12 114 16,410 - $ - - 16,410.00 Task 3.3 Admistrative Draft GP/LCP 25 80 40 96 126 18 10 395 65,200 - $ - - 65,200.00 Task 3.4 Noise Element 52 18 27 40 137 20,495 - $ - - 20,495.00 Task 3.5 Public Workshop #3 10 24 10 18 15 77 11,705 - $ - - 1,000 12,705.00 Task 3.6 Draft GP/LCP 20 40 5 10 20 15 110 17,625 - $ - - 17,625.00 Task 3.7 Final GP/LCP and CCC Submittal 2 10 4 10 20 46 6,400 - $ - - 6,400.00 Task 4.1 Technical Review 5 5 1,000 6,360.00 $ 6,360 - 7,360.00 Task 4.2 Identify Zoning Ordinance/ IP Revisions 5 15 20 3,400 10,980.00 $ 10,980 - 14,380.00 Task 4.3 Public Workshop #4 10 15 10 12 47 7,580 2,040.00 $ 2,040 - 1,000 10,620.00 Task 4.4 Administrative Draft Zoning Ordinance and Coastal IP 10 10 10 30 5,400 21,520.00 $ 21,520 - 26,920.00 Task 4.5 Draft Zoning Ordinance and Coastal IP 5 5 800 10,620.00 $ 10,620 - 11,420.00 Task 4.6 Final Zoning Ordinance and Coastal IP/ CCC Submittal - - 8,720.00 $ 8,720 - 8,720.00Task 5.1 Project Kick Off Call 2 2 2 2 8 1,380 - $ - - 1,380.00 Task 5.2 Bi-Weekly Project Team Calls 20 20 40 7,200 4,230.00 $ 4,230 - 11,430.00 Task 5.3 LCPAC Meetings 20 40 60 10,400 11,896.80 $ 11,897 - 1,606 23,902.80 Task 5.4 Public Workshops - - - $ - - -
Task 5.5 Study Sessions 8 15 23 4,000 4,799.60 $ 4,800 - 492 9,291.60 Task 5.6 CCC Staff Meetings 15 5 20 3,800 4,456.00 $ 4,456 - 8,256.00Task 5.7 Public Hearings 8 15 23 4,000 4,239.60 $ 4,240 - 1,390 9,629.60 Task 5.8 Meeting Materials and Summaries 20 40 60 7,800 5,520.00 $ 5,520 - 13,320.00 Task 5.9 Project Management 72 72 36 180 33,120 - $ 33,120.00 Task 6.1 Grant Acquisition - - - $ - - -
Task 6.2 Grant Proposal Development 20 60 10 90 10,750 - $ - - 10,750.00 Task 6.3 Grant Administration 4 18 10 32 3,670 - $ - - 3,670.00 Task 6.4 Submittal of Reports - - - $ - - -
- - - -- - - -
Total Hours 249 453 95 152 194 24 78 30 52 18 27 40 122 44 22 1,600 255,535 457,602.20 Total Billing 49,800 72,480 17,100 30,400 25,220 4,320 7,800 3,000 5,720 2,160 6,615 6,000 14,030 7,260 3,630 255,535 194,579.20 $ 194,579 - - 7,488 457,602.20 $ Reimburseables
BILLING
DIRECT COSTS
Total
Labor Hours
Labor @ Billing Rates
Sub-Consultant
COST
Sub-Consultant
BILLING
Reimburseables
COST
DocuSign Envelope ID: 4D2F8660-9988-44F0-AE09-DB589B0C7911 DUDEK
2019 STANDARD SCHEDULE OF CHARGES
Effective January 1, 2019
ENGINEERING SERVICES
Project Director..............................................................................$285.00/hr Principal Engineer lll......................................................................$265.00/hr Principal Engineer II ......................................................................$255.00/hr Principal Engineer I .......................................................................$245.00/hr Program Manager..........................................................................$225.00/hr Senior Project Manager................................................................. $225.00/hr Project Manager ............................................................................$220.00/hr Senior Engineer III.........................................................................$215.00/hr Senior Engineer II .........................................................................$205.00/hr Senior Engineer I ..........................................................................$195.00/hr Project Engineer IV/Technician IV.................................................$185.00/hr Project Engineer llI/Technician III ..................................................$175.00/hr Project Engineer lI/Technician II....................................................$160.00/hr Project Engineer I/Technician I......................................................$145.00/hr Project Coordinator........................................................................$115.00/hr Engineering Assistant....................................................................$110.00/hr
ENVIRONMENTAL SERVICES
Project Director..............................................................................$245.00/hr Senior Specialist IV .......................................................................$230.00/hr Senior Specialist III........................................................................$220.00/hr Senior Specialist II.........................................................................$200.00/hr Senior Specialist I.......................................................................... $190.00/hr Specialist V....................................................................................$180.00/hr Specialist IV...................................................................................$170.00/hr Specialist III ...................................................................................$160.00/hr Specialist II ....................................................................................$145.00/hr Specialist I .....................................................................................$130.00/hr Analyst V .......................................................................................$120.00/hr Analyst IV ......................................................................................$110.00/hr Analyst III.......................................................................................$100.00/hr Analyst II..........................................................................................$90.00/hr Analyst I...........................................................................................$80.00/hr Technician IV...................................................................................$90.00/hr Technician III ...................................................................................$80.00/hr Technician II ....................................................................................$70.00/hr Technician I .....................................................................................$60.00/hr Compliance Monitor.........................................................................$95.00/hr
DATA MANAGEMENT SERVICES
GIS Programmer I .........................................................................$185.00/hr GIS Specialist IV............................................................................$160.00/hr GIS Specialist III............................................................................$150.00/hr GIS Specialist II.............................................................................$140.00/hr GIS Specialist I..............................................................................$130.00/hr Data Analyst III ..............................................................................$100.00/hr Data Analyst II .................................................................................$90.00/hr Data Analyst I ..................................................................................$80.00/hr UAS Pilot .........................................................................................$90.00/hr
CONSTRUCTION MANAGEMENT SERVICES
Principal/Manager..........................................................................$195.00/hr Senior Construction Manager .......................................................$180.00/hr Senior Project Manager................................................................. $165.00/hr Construction Manager ...................................................................$155.00/hr Project Manager ............................................................................$145.00/hr Resident Engineer............................................................ …….….$145.00/hr Construction Engineer................................................................... $140.00/hr On-site Owner’s Representative.................................................... $140.00/hr Construction Inspector III............................................................... $130.00/hr Construction Inspector II................................................................ $120.00/hr Construction Inspector I................................................................. $110.00/hr Prevailing Wage Inspector.............................................................$135.00/hr
HYDROGEOLOGICAL SERVICES
Project Director..............................................................................$285.00/hr Principal Hydrogeologist/Engineer II..............................................$260.00/hr Principal Hydrogeologist/Engineer I ...............................................$240.00/hr Sr. Hydrogeologist IV/Engineer IV................................................ $225.00/hr Sr. Hydrogeologist III/Engineer III..................................................$210.00/hr Sr. Hydrogeologist II/Engineer II....................................................$195.00/hr Sr. Hydrogeologist I/Engineer I...................................................... $185.00/hr Hydrogeologist VI/Engineer VI...................................................... $165.00/hr Hydrogeologist V/Engineer V......................................................... $155.00/hr Hydrogeologist IV/Engineer IV....................................................... $145.00/hr Hydrogeologist III/Engineer III ....................................................... $135.00/hr Hydrogeologist II/Engineer II ......................................................... $125.00/hr Hydrogeologist I/Engineer I ........................................................... $115.00/hr Technician ..................................................................................... $100.00/hr
DISTRICT MANAGEMENT & OPERATIONS
District General Manager...............................................................$195.00/hr District Engineer ............................................................................$185.00/hr Operations Manager .....................................................................$160.00/hr District Secretary/Accountant ....................................................... $120.00/hr Collections System Manager......................................................... $135.00/hr Grade V Operator.......................................................................... $125.00/hr Grade IV Operator......................................................................... $110.00/hr Grade III Operator ......................................................................... $100.00/hr Grade II Operator ............................................................................$75.00/hr Grade I Operator ............................................................................. $70.00/hr Operator in Training......................................................................... $65.00/hr Collection Maintenance Worker II.................................................... $75.00/hr Collection Maintenance Worker I.....................................................$65.00/hr
OFFICE SERVICES
Technical/Drafting/CADD Services
3D Graphic Artist ........................................................................... $175.00/hr Senior Designer............................................................................. $165.00/hr Designer........................................................................................ $155.00/hr Assistant Designer......................................................................... $150.00/hr CADD Operator III ......................................................................... $145.00/hr CADD Operator II .......................................................................... $140.00/hr CADD Operator I ........................................................................... $125.00/hr CADD Drafter ................................................................................ $115.00/hr CADD Technician.......................................................................... $110.00/hr
SUPPORT SERVICES
Technical Editor lll .........................................................................$145.00/hr Technical Editor ll ..........................................................................$130.00/hr Technical Editor l........................................................................... $115.00/hr Publications Specialist lll ............................................................... $105.00/hr Publications Specialist ll .................................................................. $95.00/hr Publications Specialist l ................................................................... $85.00/hr Clerical Administration..................................................................... $90.00/hr Forensic Engineering – Court appearances, depositions, and interrogatories as expert witness will be billed at 2.00 times normal rates.
Emergency and Holidays – Minimum charge of two hours will be billed at 1.75 times the normal rate.
Material and Outside Services – Subcontractors, rental of special equipment, special reproductions and blueprinting, outside data processing and computer services, etc., are charged at 1.15 times the direct cost.
Travel Expenses – Mileage at current IRS allowable rates. Per diem where overnight stay is involved is charged at cost
Invoices, Late Charges – All fees will be billed to Client monthly and shall be due and payable upon receipt. Invoices are delinquent if not paid within 30 days from the date of the invoice. Client agrees to pay a monthly late charge equal to 1% per month of the outstanding balance until paid in full.
Annual Increases – Unless identified otherwise, these standard rates will increase 3% annually.
Enclosure 4
7d
Request for Proposals
Professional Consultant Services
Preparation of Sea Level Rise Vulnerability
Assessment and Adaptation Study, General Plan
Update, Local Coastal Plan Update, and
Corresponding Update of the Zoning Code
Issuing Entity: City of Pismo Beach
760 Mattie Road
Pismo Beach, CA 93449
Contact: Questions regarding this solicitation should be directed to:
Brian Schwartz, Planner
(805) 773-7043
[email protected]
Due Date: Proposals (5 copies and one electronic copy) must be received before 2:00 P.M. Pacific Standard Time (PST) on Friday, February 15, 2019 as determined by www.time.gov
Enclosure 5
7e
Proposal for Professional Services: General Plan / Local Coastal Plan Update 2 SECTION A – INTRODUCTION AND DESCRIPTION OF WORK
A. Introduction
The City of Pismo Beach requests proposals from qualified consultants for preparation of an update to the General Plan, Local Coastal Program (LCP), and Zoning Code. It is anticipated that one firm, or a team of qualified firms, will be selected to perform all tasks related to the General Plan Update, including preparing necessary technical and policy studies including a Sea Level Rise Vulnerability Assessment and Adaptation study, conducting public outreach, producing plan text and illustrations, and coordinating review by the public and interested agencies. The General Plan Update process will also include an update to the Local Coastal Program including the Land Use Plan and Implementation Plan (zoning code). References to “General Plan” and “General Plan Update” in this RFP include the LCP update unless otherwise indicated. The General Plan update process should bring the General Plan into compliance with all State laws and standards.
Environmental review in accordance with CEQA guidelines will be conducted under separate contract.
The City of Pismo Beach is located along the Pacific Ocean in southern San Luis Obispo County on California’s Central Coast with a population of approximately 8,237 persons. The City encompasses an area of 13.5-square-miles, a majority of which is located within the Coastal Zone. Although Pismo Beach is considered a small coastal community, there are approximately 7 miles of coastline within the City limits that experiences an estimated 5 million visitors per year.
Pismo Beach is a desirable community known primarily as a tourism destination for its pristine beaches. It provides a mixture of coastal resources, protected open spaces, diverse residential neighborhoods, shopping opportunities, and a unique downtown. Through various public outreach and stakeholder meetings, it is evident that maintaining the ‘Classic California’ look and feel of the City is important to the citizens. Classic California employs different meanings to different people, but common themes are maintaining a small town atmosphere, preserving coastal views, preserving the beaches and natural environment, supporting the downtown, and continuing with special events such as the Classic Car Show and Clam Festival.
The City is starting the process to update the GP/LCP. Pismo Beach’s current GP/LCP was last updated in 1993 and the Coastal Implementation Plan (Zoning Ordinance) was last updated in 1983. Although there have been minor amendments to each document in the interim, the age of each and inconsistencies between the two often create issues.
Additionally, neither document adequately addresses new information and changed conditions.
The majority of the City is located within the coastal zone. As such, the General Plan and Local Coastal Program are essentially one and the same. The General Plan / LCP contains the following elements:
Land Use
Circulation
Proposal for Professional Services: General Plan / Local Coastal Plan Update 3 Design
Facilities
Growth Management
Conservation and Open Space
Housing
Parks, Recreation, and Access
Noise
Safety
The General Plan contains an abundance of detailed development standards that are atypical for general plans. The selected consultant will be expected to provide recommendations to transfer or eliminate regulations in the GP/LCP that would be more appropriate to the zoning ordinance. The selected consultant will be tasked with making recommendations to provide an efficient, user-friendly, and easy to implement Local Coastal Program.
Zoning Code / Implementation Plan (IP)
The City has two zoning ordinances, one which includes areas within the Coastal Zone (certified by the Coastal Commission in 1983), and one outside the Coastal Zone (approved by the City Council in 1998). The goal is to have one comprehensive and consistent zoning ordinance (Implementation Plan or IP) for the entire City.
Documents recently completed or are in process:
The update of the General Plan and Local Coastal Plan will build on General Plan elements, zoning ordinances, and studies either recently approved or currently in process. Some of these documents include:
Completed in 2018 – Circulation Element, Accessory Dwelling Unit Ordinance, Short Term Rental Ordinance.
In progress – 5
th Cycle Housing Element
Other relevant documents include the Downtown Strategic Plan (2014), various Specific Plans, and Shell Beach Design Guidelines (2017).
Local Coastal Plan Advisory Committee (LCPAC)
A seven member LCPAC has been formed and consists of a diversity of citizen stakeholders and decision makers. As of December 2018, there have been 3 LCPAC meetings. The LCPAC will be instrumental in providing input to the consultant team and recommendations to Planning Commission and City Council.
The following pages outline the City’s envisioned scope of work. However, consultants are allowed to modify the scope and descriptions provided below and to suggest alternative approaches they believe will be more cost effective and better achieve the City’s objectives.
Ultimately, the City is seeking a modern Local Coastal Plan and zoning code that complements and protects the ‘Classic California’ development patterns of the City, embraces infill growth and mixed use buildings, promotes the development of new Proposal for Professional Services: General Plan / Local Coastal Plan Update 4 compatible residential development, encourages a vibrant downtown, and stimulates the construction of high-quality buildings that Pismo Beach will be proud of for generations.
Funding
The City was awarded a $45,000 Local Assistance Grant by the California Coastal Commission in April 2018 to conduct a SLR vulnerability assessment and develop an adaptation plan to address the effects that sea level rise could have on coastal resources along the shoreline of the City of Pismo Beach. The City has not been awarded any other grants for the requested scope of work contained in this proposal. The City has dedicated up to $600,000 to financially support the project, including environmental review (likely an EIR) which will be conducted under a separate contract. In an effort to supplement dedicated City funding, the selected consultant will be experienced in obtaining grant funding from a variety of agencies and administering those grants.
Timing
The City anticipates the General Plan Update to be completed within approximately eighteen months from execution of the consultant contract.
Definitions
For the purposes of the RFP, the following terms have the following meanings:
1. “City” shall mean the City of Pismo Beach, California
2. “Contract” shall mean the agreement between the City and selected consultant chosen as a result of the RFP.
3. “Contractor,” “Consultant” or “Successful Proposer” shall mean the firm or its authorized assignee chosen by the City to perform the requested services.
4. “Proposal” shall mean the written document submitted to the City of Pismo Beach Community Development Department in response to this RFP.
5. “Proposer” shall mean an individual or business entity submitting a Proposal in response to the RFP.
6. “Required Documents” shall mean all submittals a Proposal must contain to be considered responsive to the RFP.
7. ‘Zoning Ordinance’, ‘Zoning Code’ and ‘Coastal Implementation Plan’ shall be used interchangeable.
8. “General Plan Update” shall mean the General Plan, Local Coastal Plan, Zoning Code / Coastal Implementation Plan and EIR.
SECTION B – DESCRIPTION OF WORK
1. Sea Level Rise Vulnerability Assessment
A comprehensive SLR Vulnerability Assessment is needed to provide details on the City’s vulnerabilities and to analyze the feasibility, economic impacts, and environmental consequences of various adaptation strategies. The plan will utilize best and most currently available science to analyze impacts and feasible adaptation strategies for the City’s coastal zone in the near term (2030), mid-term (2050/60), and long term (2100). The selected consultant will rely on the 2018 Ocean Protection Council Sea-Level Rise Guidance report, the Coastal Commission Sea Level Rise Policy Guidance document, and other current and most relevant sources. The Proposal for Professional Services: General Plan / Local Coastal Plan Update 5 information in the plan will be used to amend policies and development standards in the City’s LCP.
Objectives include gaining a preliminary understanding of the hazards of beach erosion; coastal bluff erosion; coastal bluff slope failure; coastal flooding; and wave impacts, now and in the future and factoring in the effects of SLR in the City.
Information will be collected on how sea level rise can worsen existing issues and impacts from coastal erosion and flooding; and leave coastal infrastructure, beaches, coastal habitats, bluffs, key coastal access points, state and local transportation, utility infrastructure, homes, businesses, and parks vulnerable to inundation. Analyze and include existing studies on climate change. Propose additional modeling as needed to provide a sufficient amount of information in order to complete vulnerability assessment. Work whenever possible to ensure regional consistency and to conserve resources.
Tasks
a. Confirm sea level rise scenarios, methodology, and erosion data (including bluff erosion data); coordinate with CCC staff.
b. Identify critical assets/managers and issue survey to understand adaptive capacity of those assets.
c. Prepare existing conditions report.
d. Prepare a draft vulnerability assessment for public comment and a final vulnerability assessment. Assessment to show locations and degree of future bluff erosion.
e. Conduct one community/stakeholder engagement to review project overview, planning area, and assessment. This would likely be in the form of providing a presentation to the City Local Coastal Plan Update Action Committee. f. Conduct public workshop no. 1 on existing conditions, and vulnerability assessment.
Deliverables
Draft Vulnerability Assessment Report, detailing sea level rise scenarios, methodology, and erosion data source; critical asset list and manager survey results; existing conditions; vulnerability and risks assessment. Final Vulnerability Assessment Report, with comments on draft vulnerability assessment report incorporated.
Materials for the preparation and outcome of stakeholder group meeting and public workshop(s).
2. Sea Level Rise Adaptation Study
The purpose of the SLR Adaptation Plan is to assess the vulnerability and potential adaptation strategies to address the projected impacts of SLR in the near term (2030), mid-term (2050/60), and long term (2100) in the City of Pismo Beach.
Using the data collected under Task 2, evaluate what strategies need to be implemented to allow the city to adapt to sea level rise 2050/2060 and 2100. Analyze and include existing Proposal for Professional Services: General Plan / Local Coastal Plan Update 6 studies on climate change, specifically using the Coastal Commission’s SLR Policy Guidance (updated in Nov. 2018: https://www.coastal.ca.gov/climate/slrguidance.html).
Evaluate new accommodation, protection, and retreat strategies and compare how these address vulnerability and risk. Identify how the city and county can work together to implement strategies that protect the city.
Tasks
a. Identify a range of possible sea level rise adaptation strategies; coordinate with CCC staff
b. Prepare a draft adaptation plan, including sea level rise strategies and a final vulnerability assessment.
c. Conduct community/stakeholder engagements to review adaptation strategies, and adaption plan.
d. Conduct public workshop no. 2 on adaption strategies.
Deliverables
a. Draft Adaptation Plan, including sea level rise strategies. b. Final Adaptation Plan, with comments on draft Adaptation Plan incorporated. c. Materials for the preparation and outcome of stakeholder group meeting(s) and public workshop(s).
3. General Plan / Local Coastal Program
The selected consultant will have direct experience in comprehensively updating LCPs in other jurisdictions. The following Elements shall be updated:
Land Use (including Growth Management policies)
Safety
Conservation and Open Space
Updates to the following Elements should be listed as Optional Tasks within proposals:
Noise
Facilities
The City is seeking to both eliminate and/or combine certain elements where practicable.
For example, the Land Use, Growth Management, and Design Elements could be consolidated into one ‘Land Use and Community Design Element’. Environmental Justice policies can be incorporated into various elements where applicable. The selected consultant shall review the existing General Plan / LCP elements and make recommendations on how existing Elements and their associated policies can be eliminated, consolidated, and/or modified.
The Land Use Element contains 17 different Planning Areas representing distinct tracts and neighborhoods. While the LCPAC recommends keeping this same format due to familiarity, the consultant will provide recommendations for methods to potentially consolidate some of the neighborhoods and their associated regulations and policies.
Proposal for Professional Services: General Plan / Local Coastal Plan Update 7 The General Plan contains an abundance of detailed development standards that are atypical for general plans. The selected consultant will be expected to provide recommendations to transfer or eliminate development standards in the General Plan/LCP that would be more appropriate to the zoning ordinance.
Coastal sustainability and resilience is paramount for the City’s future. The consultant will coordinate with City staff to incorporate information from other studies such as the Housing Element where applicable.
Specific Tasks Include:
1. Initial conference call with staff to discuss data needs, communication protocol, and answer questions related to schedule, scope, and budget.
2. Work Plan - The work plan will include the tasks and schedule of all services. The work plan will be the guiding document that both consultant team and City will rely on to assess progress and track milestones. The work plan will include the estimated schedules (as provided by City staff) for the studies currently in progress including the Housing Element, and Low Cost Visitor Serving Accommodation study.
Consultant to ensure project adheres to the work plan schedule and budget.
3. Project Kickoff. Meet with City staff and project team members to review work plan.
4. Meetings with LCPAC. Meet with the LCPAC after the work plan has been approved by the City. The initial meeting with the LCPAC will be to discuss the work plan and have LCPAC members ask questions about the upcoming work and process. We anticipate the consultant to meet with the LCPAC bi-monthly to provide updates and discuss next steps. LCPAC meetings will typically be 1.5 hours.
5. Provide work program to California Coastal Commission staff for review and comment. Maintain ongoing coordination with CCC staff. This could be in the form of monthly conference calls or meetings with Coastal Staff to review work products.
6. Conduct Public Outreach meeting
7. Update information from each applicable Element as needed. Develop goals, objectives, policies, and programs for each Element. Update Land Use Plan.
8. Submission to California Coastal Commission for certification.
Deliverables
Draft and Final Work Plan
Administrative Draft, Draft, and Final Draft of the GP/LCP update
4. Zoning Code / Implementation Plan update
The consultant shall review the 1983 zoning code and the 1998 zoning code, along with other approved and in-progress relevant documents and prepare one comprehensive updated Zoning Ordinance / Implementation Plan for CCC certification. The updated zoning regulations shall represent contemporary planning and zoning best practices, ensure compliance with applicable Federal and State laws, allow for reasonable flexibility, and be easy to use and understand.
Current site and architectural design primarily relies on General Plan policies, development standards contained in the zoning code, and the Shell Beach Design Proposal for Professional Services: General Plan / Local Coastal Plan Update 8 Guidelines (for Shell Beach). A successful plan update will contain regulations to provide district-specific development standards that provide a clear picture of the City’s desired outcomes for the built environment, and will include changes to the Zoning Ordinance / IP related to allowed uses in each district.
As previously mentioned, inconsistencies between the General Plan and Zoning Ordinances exist. For example, there are inconsistencies on maximum height limits in the downtown area between the Design Element and the Zoning Ordinance. Another example is garages are setback in increments of feet in the Land Use Element but garage setbacks in the Zoning Ordinance are calculated based on a percentage of lot depth.
After a thorough documents review and in consultation with City staff, consultant will draft a memorandum or series of memos that address various topics and development standards.
The memo or memos shall contain recommendations to maintain, eliminate, or modify various aspects of the zoning codes to create one comprehensive, modern, and consistent zoning code. The memo should address and make recommendations on but not limited to:
1. Definitions – working with staff provide input on certain definitions such as ‘Existing Development’, ‘Redevelopment’, and ‘Grading’.
2. Uses and regulations specific to the different coastal zone areas including the appealable and non-appealable areas, and areas outside the coastal zone.
3. Standards relating to coastal development bluff top setbacks, coastal access, and parking.
4. Updates to overlay zones
5. Development standards including building heights, setbacks, FAR, signage, roof decks, basements, etc.
6. Citywide architectural design requirements and design guidelines for sub-areas.
7. Required permits and permitting authority for a variety of applications both ministerial and discretionary.
Deliverables
Identify proposed Zoning Ordinance / IP Revisions. Produce memo or series of memos as described above that identify the necessary revisions to the City’s existing Zoning Ordinance to assure consistency with the General Plan. The memo will be reviewed with the LCPAC, presented at a Community Outreach meeting, at a joint Planning Commission / City Council Study Session, and provided to Coastal Commission for review and comment.
Prepare Administrative and Public Review Draft Zoning Ordinance and Coastal Implementation Plan.
Final Zoning Ordinance and Coastal Implementation Plan and Submission to the California Coastal Commission for Certification.
5. Public Outreach / Project Management
The selected consultant team will be skilled in conducting public workshops and community engagement. The consultant will be experienced in educating residents about how the update Proposal for Professional Services: General Plan / Local Coastal Plan Update 9 will respond to the latest planning legislation and how these regulations will be incorporated into the documents that help the City achieve its economic and environmental goals. The successful consultant will have a depth of experience in project management of LCP updates.
Consultant will coordinate with California Coastal Commission staff early in the update process and initiate discussions on creating an outline for ongoing coordination and engagement efforts. Ongoing coordination between City, CCC staff, applicable agencies, and team members will be critical to the project success and to ensure project adheres to the schedule and budget.
Specific Tasks
1. Bi-weekly project team conference calls
2. Bi- monthly meetings with LCPAC (9 meetings total)
3. Community outreach meetings – (4 meetings total, 2 for Sea Level Rise/Adaptation Plan)
4. Study Sessions - with Planning Commission, City Council or both (3 meetings)
5. CCC staff meetings – (12 meetings with a minimum of 2 in-person)
6. Public Hearings – 4 hearings, this could be in a combination with either the Planning Commission, City Council, and Coastal Commission.
7. Assist City staff to develop public outreach and communication strategies. This could be the form of a dedicated website.
8. Provide meeting materials and summaries/notes for all meetings.
6. Grant Funding Assistance
As previously mentioned, the City has not been awarded grant funding to support the scope of work and the project will be solely funded by City resources until supplemental grant funds are obtained. The selected consultant will have experience obtaining and administering grants and will work with the City and the granting agency(s) to successfully obtain and manage the grants through the life of the project.
Specific Tasks
1. Grant acquisition and administration including monitoring to ensure billed activities are consistent with grant guidelines
2. Prepare and submit required financial and progress reports on behalf of the City to the granting agency.
3. Manage the grant(s) through the grant closeout process.
SECTION B – GENERAL TERMS AND CONDITIONS
PROPOSAL REQUIREMENTS
1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal (Proposer) shall meet all of the terms, and conditions of the proposal specifications package. By virtue of its proposal submittal, the Proposer acknowledges agreement with and acceptance of all provisions of the proposal specifications.
Proposal for Professional Services: General Plan / Local Coastal Plan Update 10
2. Proposal Submittal. Each proposal must be submitted on the form(s) provided in the specifications and accompanied by any other required submittals or supplemental materials. Proposal documents shall be enclosed in an envelope that shall be sealed and addressed to the following:
City of Pismo Beach
Attn: Brian Schwartz, Community Development Department
760 Mattie Road
Pismo Beach, CA 93449
Proposals shall be received before 2:00 P.M. Pacific Standard Time (PST) on Friday February 15, 2019 as determined by www.time.gov. Proposals received after said time will not be considered. Each proposal submittal shall include one electronic copy of the proposal, submitted in Adobe Acrobat format on CD or flash drive and five (5) hardcopies. Proposals shall be submitted in an envelope and clearly marked “Proposal to prepare a Sea Level Rise Vulnerability Assessment and Adaptation Study, General Plan, Update, Local Coastal Plan Update, and Corresponding Update of the Zoning Code”
Please include the fee schedule in a separate sealed envelope.
3. Insurance Certificate. Each proposal must include a certificate of insurance showing:
a. The insurance carrier and its A.M. Best rating.
b. Scope of coverage and limits.
c. Deductibles and self-insured retention.
The purpose of this submittal is to generally assess the adequacy of the Proposer’s insurance coverage during proposal evaluation; as discussed under paragraph 12 below, endorsements are not required until contract award. The City’s insurance requirements include the following:
a. Commercial General Liability $1,000,000
b. Commercial Automobile Liability $1,000,000
c. Workers’ Compensation & Employer’s Liability $1,000,000 d. Professional Liability Insurance $1,000,000
4. Submittal of References. Each proposer shall submit a statement of qualifications and references on the form provided in Section D.
Proposal for Professional Services: General Plan / Local Coastal Plan Update 11
5. Statement of Contract Disqualifications. Each proposer shall submit a statement regarding any past government disqualifications on the form provided in Section D.
6. Proposal Withdrawal and Opening. A Proposer may withdraw its proposal, without prejudice prior to the time specified for the proposal opening, by submitting a written request to the City for its withdrawal, in which event the proposal will be returned to the Proposer unopened. No proposal received after the time specified or at any place other than that stated in the "Notice Requesting Proposals" will be considered.
7. Submittal of One Proposal Only. No individual or business entity of any kind shall be allowed to make or file, or to be interested in more than one proposal, except an alternative proposal when specifically requested; however, an individual or business entity that has submitted a sub-proposal to a Proposer submitting a proposal, or who has quoted prices on materials to such Proposer, is not thereby disqualified from submitting a sub-proposal or from quoting prices to other Proposers submitting qualification proposals.
8. Communications. All timely requests for information submitted in writing will receive a written response from the City. Telephone communications with City staff are permitted; however, any such oral communication shall not be binding on the City.
9. Alternative Proposals. When specifically requested, the proposer may submit an alternative qualification proposal (or proposals) that it believes will also meet the City's project objectives but in a different way. In this case, the proposer must provide an analysis of the advantages and disadvantages of each of the alternatives, and discuss under what circumstances the City would prefer one alternative to the other(s). If an alternative proposal is submitted, the maximum length of the proposal may be expanded proportionately by the number of alternatives submitted.
CONTRACT AWARD AND EXECUTION
1. Proposal Retention and Award. The City reserves the right to retain all proposals for a period of 60 days for examination and comparison. The City also reserves the right to waive non-substantial irregularities in any proposal, to reject any or all proposals, to reject or delete one part of a proposal and accept the other, except to the extent that proposals are qualified by specific limitations. See the in Section D of this RFP for proposal evaluation and contract award criteria. The City may choose to interview any number of qualified Proposers as the basis for making a final selection.
Proposal for Professional Services: General Plan / Local Coastal Plan Update 12
2. Competency and Responsibility of Proposer. The City reserves full discretion to determine the competence and responsibility, professionally and/or financially, of Proposers. Proposers will provide, in a timely manner, all information that the City deems necessary to make such a decision.
3. Contract Requirement. The Proposer to whom award is made (Consultant) shall execute a written contract with the City within ten (10) calendar days after notice of the award has been sent by mail to it at the address given in its proposal. The contract shall be made in the form adopted by the City and incorporated in these specifications.
4. Insurance Requirements. The Consultant shall provide proof of insurance in the form, coverages and amounts specified in Section E of these specifications within 10 (ten) calendar days after notice of contract award as a precondition to contract execution.
5. Business License & Tax. The Consultant must have a valid City of Pismo Beach Business Tax Certificate before execution of the contract. Additional information regarding the City's business license and tax program may be obtained by calling (805) 773-4655.
6. Failure to Accept Contract. The following will occur if the Consultant fails to enter into the contract: the award will be annulled and an award may be made to the next highest ranked Proposer with whom a responsible compensation is negotiated, who shall fulfill every stipulation as if it were the party to whom the first award was made.
The sample contract is for reference to the anticipated terms and conditions governing the City and the successful proposer. The proposer must take exception in their Proposal to any section of the attached contract they do not agree with. Failing to do so will be deemed as acceptance by the proposer to the terms spelled out in the sample contract.
The City reserves the right, in its sole discretion, to add, delete, or modify, or negotiate additional terms and conditions to the attached contract.
SECTION C - PROPOSAL CONTENT AND SELECTION PROCESS
PROPOSAL CONTENT
Submittal Forms (See Sections D and E)
o Acknowledgement
o Certificate of Insurance
o References
Proposal for Professional Services: General Plan / Local Coastal Plan Update 13 o Statement of Past Disqualifications
Qualifications
o Experience of your firm in performing similar services, stating completion date and contract amount. Please do not list projects where major work was completed by staff no longer employed by the firm.
o Resumes of the individuals who would be assigned to this project, including any sub-consultants, demonstrating their experience with performing similar services.
o An organizational and staffing chart showing the names of all key personnel assigned to the project, their primary area of responsibility, and office location.
o Standard hourly billing rates for the assigned staff, including any subconsultants. o Statement and explanation of any instances where your firm has been removed from a project or disqualified from proposing on a project. Work Program
o Description of your approach to completing the work which expands on the Scope of Work contained in Section B of this RFP. The work program shall itemize major tasks and work products and identify responsible staff, special information or studies required, and special methods or equipment, if any, you anticipate using. Include a description of procedures to be used to coordinate with City staff and the Consultant Team. Include assumption of information to be provided by the City or Consultant Team. o Include any other information that would assist the City in making this contract award decision.
Schedule
o Timely completion is essential to the success of this project. Consultant’s ability to maintain scheduling commitments with the City will be considered. Proposed Fee
o Proposed fee shall be on a “fixed fee, not to exceed” basis and include an itemized summary of personnel, labor hours, labor rates, and expenses by task, including all sub-consultants through completion of the design and bidding portion of the project.
o Proposed 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.
Proposal for Professional Services: General Plan / Local Coastal Plan Update 14 o Regardless of the proposed method of compensation, any Contract resulting from this solicitation will specify a maximum, not-to-exceed fee amount.
However, the City welcomes any adjustments, additions, deletions, or refinements to the scope of work that may be recommended by consultant(s). o 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-toexceed” figure for the project. Proposal Length and Copies
o Your firm’s proposal should be the minimum length to provide the required information. Charts and other short form approaches to conveying information are encouraged.
o Five (5) printed copies of the proposal (printed double sided) must be submitted.
o 1 pdf format electronic copy must be submitted on CD or flash drive.
PRE-PROPOSAL CONFERENCE
There will be no pre-proposal conference. If you have any questions about this RFP, schedule, or attachments, please contact Brian Schwartz at (805) 773-7043.
PROPOSAL EVALUATION AND CONSULTANT SELECTION
Proposals will be evaluated by a review committee. The City may select a consultant following the written proposal phase.
1) Evaluation and Award Factors. Each proposal submitted on this solicitation will be evaluated according to all of the criteria stated below. The relative importance of the factors is indicated by the point totals herein. An objective evaluation will be performed on each offeror's technical proposal based on the information furnished and subsequent information gathered after proposals are received, such as responses from references or data from past performance databases.
Accordingly, the following criteria will be scored respectively with the corresponding points associated with each area.
2) Evaluation Factors. The following major factors and sub-factors shall be used in the evaluation of the proposals. The relative importance of the major evaluation Proposal for Professional Services: General Plan / Local Coastal Plan Update 15 factors is indicated by the point totals.
A. UNDERSTANDING THE SCOPE OF WORK TO BE PERFORMED. (20 points)
1. Demonstrated understanding of the project objectives. (5 points)
2. CONSULTANT’S approach to accomplishing the scope of work. (5 points)
3. Conformance with the terms of the RFP. (5 points)
4. Timetable for completing the project. (5 points)
B. CONSULTANT’S methods, schedule and procedures to be used. (25 points)
1. CONSULTANT’S general approach to evaluating the issues. (10 points)
2. Description of the procedures and method to be utilized. (15 points) C. Management, personnel and experience. (45 points)
1. Qualifications of each participant and overall qualification for the firm. (25 points)
2. Experience and performance on similar projects. (20 points) D. CONSULTANT’S consultation and coordination with the City of Pismo Beach. (10 points)
1. Procedures to be used to ensure close contact between CONSULTANT and the project manager. (5 points)
2. Demonstrated experience in working with local government and Community members. (5 points)
Total Possible Score = 100 Points
3) Other Criteria. The City shall consider several factors in the selection process which are important, but have not been assigned specific points or values, such as but not limited to:
1. Proposals must respond to all the requirements of the RFP and must include all information specifically required in all Parts of the RFP.
2. Award will not be made to any offeror unless agreement can be reached on all general and special provisions.
Proposal for Professional Services: General Plan / Local Coastal Plan Update 16 4) Contract Award
1. CONTRACT AWARD FACTORS. Award will be made on a best-value basis.
The City’s objective is to obtain the highest quality planning service considered necessary to achieve the objectives with a realistic and reasonable price.
Evaluation factors as a whole are more important than price. Therefore, award to a technically superior, higher-priced offeror may be made in lieu of a lowerrated, lower-priced offeror if the technical advantage merits the higher price within funds available. Award will be made on an all-or-none basis. Any unexplained inconsistency within the proposal which raises a fundamental issue of the offeror's understanding of the nature and scope of work required and of the financial ability to perform the contract, may cause the proposal to be excluded from the competitive range.
2. This request for proposal does not commit the City to award a contract or to pay any costs incurred in developing Consultant’s proposal. 5) Written Proposal Review/Finalist Candidate Selection Written proposals will be evaluated based on the following criteria:
a. Understanding of the work required by the City
b. Quality, clarity and responsiveness of the proposal
c. Demonstrated competence and professional qualifications necessary for successfully performing the work required by the City
d. Recent experience in successfully performing similar services e. Proposed approach in completing the work
f. References
g. Background and experience of the specific individuals to be assigned to this project
h. Proposed fee
6) Oral Presentations/Interviews and Consultant Selection The City may elect to conduct interviews with a group of finalist candidates (generally the top 3 proposers), in which case finalist candidates will make an oral presentation to the review committee and answer questions about their proposal. The purpose of the interviews would be to: clarify and resolve any outstanding questions or issues about the proposal; and to evaluate the proposer’s ability to clearly and concisely present information orally. After evaluating the proposals and discussing them further with the finalists or the Proposal for Professional Services: General Plan / Local Coastal Plan Update 17 tentatively selected Consultant, the City reserves the right to further negotiate the proposed scope and/or method and amount of compensation.
Contract award will be based on a combination of factors that represent the best overall value for completing the scope as determined by the City, including: the written proposal criteria described above; results of background and reference checks; results from the interviews and presentations phase (if conducted); and proposed compensation.
7) Proposal Review and Consultant Selection Schedule
The following is an outline of the anticipated schedule for proposal review and consultant selection:
Issue RFP January 18, 2019
Proposals due February 15, 2019
Complete proposal evaluation March 8, 2019
Conduct finalist interviews (if required) March 22, 2019 Finalize staff recommendation March 29, 2019
Award contract April 5, 2019
Execute contract/Start work April 19, 2019
Proposal for Professional Services: General Plan / Local Coastal Plan Update 18
SECTION D - PROPOSAL SUBMITTAL FORMS
ACKNOWLEDGEMENT
The undersigned declares that she or he:
Has carefully examined the Proposal Specification
Is thoroughly familiar with its content
Is authorized to represent the proposing firm; and
Agrees to perform the work as set forth in the specification and this proposal.
Firm Name and Address:
Contact Name:
Email: Fax: Phone:
Signature of Authorized Representative: Date:
INSURANCE CERTIFICATE
Insurance Company’s A.M. Best Rating
Proposal for Professional Services: General Plan / Local Coastal Plan Update 19 Certificate of insurance attached
STATEMENT OF PAST CONTRACT DISQUALIFICATIONS
The Consultant shall state whether it or any of its officers or employees who have a proprietary interest in it, has ever been disqualified, removed, or otherwise prevented from proposing on or completing a federal, state, or local government project because of the violation of law, a safety regulation, or for any other reason, including but not limited to financial difficulties, project delays, or disputes regarding work or product quality, and if so to explain the circumstances.
Do you have any disqualification as described in the above paragraph to declare?
Yes No
If yes, explain the circumstances.
Executed on ______________________at
_______________________________________ under penalty of perjury of the laws of the State of California, that the foregoing is true and correct. _________________________________________
Signature of Authorized Consultant Representative
Proposal for Professional Services: General Plan / Local Coastal Plan Update 20
REFERENCES
Number of years engaged in providing the services included within the scope of the specifications under the present business name: _________ Describe fully the last three contracts performed by your firm that demonstrate your ability to provide the services included with the scope of the specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications.
Reference No. 1
Customer Name
Contact Individual
Telephone & Email
Street Address
City, State, Zip
Code
Date of Services
Contract Amount
Description of Services
Project Outcome
Reference No. 2
Customer Name
Contact Individual
Telephone & Email
Street Address
Proposal for Professional Services: General Plan / Local Coastal Plan Update 21 City, State, Zip
Code
Date of Services
Contract Amount
Description of Services
Project Outcome
Proposal for Professional Services: General Plan / Local Coastal Plan Update 22 Reference No. 3
Customer Name
Contact Individual
Telephone & Email
Street Address
City, State, Zip
Code
Date of Services
Contract Amount
Description of Services
Project Outcome
Proposal for Professional Services: General Plan / Local Coastal Plan Update 23 SECTION E - INSURANCE REQUIREMENTS: Consultant Services 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.
Consultant 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 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.
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, 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 affected by the City 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.
Proposal for Professional Services: General Plan / Local Coastal Plan Update 24 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 subparagraph (B) above, the City of Pismo Beach shall have the right, at its option, to forthwith terminate the contract for cause.
Proposal for Professional Services: General Plan / Local Coastal Plan Update 25 SECTION F – FORM OF AGREEMENT
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”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
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 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 IV 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 under the same terms for an additional one (1) year period, or longer as the parties agree in writing.
III. COMPENSATION
A. VENDOR’s Fee
Proposal for Professional Services: General Plan / Local Coastal Plan Update 26 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 amount of money paid VENDOR, for services initially contemplated by this AGREEMENT and associated expenses, exceed the sum of write out dollar amount dollars ($00,000.00 ), unless otherwise first approved in writing by CITY. Should this AGREEMENT be extended pursuant to Section II, VENDOR’s fee may be adjusted upon the written agreement of the parties, in the form of an amendment to this AGREEMENT.
B. Schedule of Payment
VENDOR will submit invoices monthly for actual services performed and associated expenses. 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 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. CITY may at any time, for any reason, with or without cause, suspend or terminate this AGREEMENT, or any portion hereof, by serving upon VENDOR at least ten (10) days' prior written notice. Upon receipt of said notice, VENDOR shall immediately cease all work under this AGREEMENT, unless the notice provides otherwise. If 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, 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 CITY. Upon termination of the AGREEMENT pursuant to this Section, VENDOR will submit an invoice to 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 Proposal for Professional Services: General Plan / Local Coastal Plan Update 27 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.
VII. CITY REPRESENTATIVE
The 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 CITY Representative, unless otherwise stated. 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
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 VENDOR or any of 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. 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
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.
Proposal for Professional Services: General Plan / Local Coastal Plan Update 28 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 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 CITY and may be used, reused, or otherwise disposed of by CITY without the permission of VENDOR. With respect to computer files, VENDOR shall make available to CITY, at VENDOR's office and upon reasonable written request by 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 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 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 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 VENDOR’s performance or VENDOR’s failure to perform its obligations under this AGREEMENT or out of the operations conducted by VENDOR, including CITY’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of CITY. In the event CITY Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from VENDOR’s performance of this AGREEMENT, VENDOR shall provide a defense to CITY Indemnitees or at CITY’s option, reimburse 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 Proposal for Professional Services: General Plan / Local Coastal Plan Update 29 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 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 CITY. In the event CITY Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from VENDOR’s performance of this AGREEMENT, VENDOR shall provide a defense to CITY Indemnitees or at CITY’s option, reimburse CITY Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims.
C. Design Professional Services:
In the event VENDOR is a "design professional," and the Scope of Services require VENDOR to provide “design professional services” as those phrases are 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 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 CITY. Negligence, recklessness or willful misconduct of any subcontractor employed by VENDOR shall be conclusively deemed to be the negligence, recklessness or willful misconduct of VENDOR unless adequately corrected by VENDOR. In the event CITY Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from VENDOR’s performance of this AGREEMENT, VENDOR shall provide a defense to CITY Indemnitees or at CITY’s option, reimburse CITY Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. In no event shall the cost to defend charged to VENDOR under this paragraph exceed VENDOR’s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, VENDOR shall meet and confer with other parties regarding unpaid defense costs.
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 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 CITY as having been actively negligent, solely negligent or as having engaged in willful misconduct. Except as otherwise required by Civil Code Section 2782.8, 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.
Proposal for Professional Services: General Plan / Local Coastal Plan Update 30 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 CITY or for any amount that may become due to VENDOR.
XV. INSURANCE
A. 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.
1. 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.
2. 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 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.
3. 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.
4. 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.
5. Errors and Omissions/Professional Liability. VENDOR shall maintain 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. 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 VENDOR in obtaining such a policy shall not be a basis upon which the insurance requirement will be waived.
B. Other provisions or requirements:
1. 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 Proposal for Professional Services: General Plan / Local Coastal Plan Update 31 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.
2. 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.
3. 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 CITY’s own insurance or self-insurance shall be called upon to protect it as a named insured.
4. 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.
5. 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 CITY’s Risk Manager.
6. 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 waives its own right of recovery against CITY, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
7. Enforcement of contract provisions (non-estoppel). VENDOR acknowledges and agrees that any actual or alleged failure on the part of CITY to inform VENDOR of non-compliance with any requirement imposes no additional obligations on CITY nor does it waive any rights hereunder.
8. 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 Proposal for Professional Services: General Plan / Local Coastal Plan Update 32 other coverage, or a waiver of any type. If VENDOR maintains higher limits than the minimums shown above, CITY requires and shall be entitled to coverage for the higher limits maintained by VENDOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to CITY.
9. 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.
10. 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.
11. 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.12.
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.
13. 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.
14. CITY’s right to revise specifications. CITY reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving VENDOR ninety (90) days' advance written notice of such change. If such change results in substantial additional cost to VENDOR, CITY and VENDOR may renegotiate VENDOR’s compensation.
15. Self-insured retentions. Any self-insured retentions must be declared to and approved by CITY. CITY reserves the right to require that self-insured Proposal for Professional Services: General Plan / Local Coastal Plan Update 33 retentions be eliminated, lowered, or replaced by a deductible. Selfinsurance will not be considered to comply with these specifications unless approved by CITY.
16. 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.
17. 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 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 XII of this AGREEMENT and must specifically name CITY as an indemnified party; and B. Secure from the subcontractor evidence of insurance coverage that meets with this AGREEMENT including naming CITY as an additional insured as required by this AGREEMENT, unless such requirement is waived in writing by CITY's Risk Manager as provided in paragraph XXV below.
XVII. CONFLICT OF INTEREST
No officer or employee of 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 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:
Proposal for Professional Services: General Plan / Local Coastal Plan Update 34 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.
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.
Proposal for Professional Services: General Plan / Local Coastal Plan Update 35 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. In the event of any conflict between the terms of this AGREEMENT and the terms of an exhibit, the terms of this AGREEMENT shall control. Notwithstanding the foregoing sentence, the provisions of Section XIII of this AGREEMENT shall not be altered, amended, limited or otherwise affected in any manner by any language included in an exhibit to this AGREEMENT, even if such exhibit purports to affect the provisions of Section XIII.
XXVIII.VENDOR’S AUTHORITY TO EXECUTE
The persons executing this AGREEMENT on behalf of the VENDOR warrant that:
Proposal for Professional Services: General Plan / Local Coastal Plan Update 36 A. the VENDOR is duly organized and existing under the appropriate State laws; B. they are duly authorized to execute this AGREEMENT on behalf of the VENDOR; C. by so executing this AGREEMENT, the VENDOR is formally bound to the provisions of this AGREEMENT; and
D. 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.
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed the day and year last written below.
Signatures begin on next page.
Proposal for Professional Services: General Plan / Local Coastal Plan Update 37 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):
_____________________________________
_____________________________________
Email address for official communications:
_____________________________________
Vendor Representative (See Section VIII):
Name/Title: ____________________________
CITY USE ONLY
START DATE:
END DATE:
ACCT #:
CONTRACT ADMINISTRATOR:
RETENTION: _____%
AGENDA
City of Pismo Beach
City Council Meeting(s)
Tuesday, April 16, 2019
City Council Chamber, City Hall, 760 Mattie Road, Pismo Beach CA, 93449
1. ROLL CALL: 1:00 P.M. SPECIAL BUDGET WORK PLANS WORKSHOP
2. PUBLIC COMMENT PERIOD
3. AGENDA ITEMS
Item 3.A: Department Work Plans for Fiscal Year 2020 & 2021 Budget (Feeser/All) Recommendation: 1. Receive a presentation from staff regarding an overview of the Fiscal Year 2020 & FY 2021 Budget, including proposed Council Goals and Work Plans; 2. Provide direction to staff on fiscal policies, Council Goals, Department Work Plans and Priorities, and policy items. (No packet materials/not televised)
4. ADJOURNMENT
1. ROLL CALL: 5:00 P.M. CLOSED SESSION
2. PUBLIC COMMENT PERIOD Call for comment made at door to conference room.
3. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)
Item 3.A: Conference with Real Property Negotiators (Government Code §54956.8); Property: APN: 005-076-021; 005-078-008; 005-078-021
Agency Negotiator: James R. Lewis
Negotiating Parties: Wolosz Family Trust
Under Negotiation: Price and Terms of Payment
Property: APN: 005-076-021; 005-078-008; 005-078-021; Agency Negotiator: James R. Lewis; Negotiating Parties: Wolosz Family Trust; Under Negotiation: Price and Terms of Payment
4. CLOSED SESSION REPORT
5. ADJOURNMENT
1. ROLL CALL: 5:30 P.M. REGULAR MEETING
2. PLEDGE OF ALLEGIANCE
3. ACCEPTANCE OF AGENDA
4. PRESENTATIONS
Item 4.A: Proclamation: Hunger Awareness Day (SLO County Food Bank Coalition)
4.A Staff Report
Item 4.B: Proclamation: Sexual Assault Awareness Month (RISE)
4.B Staff Report
Item 4.C: Proclamation: National Travel and Tourism Week (Visit SLO CAL)
4.C Staff Report
Item 4.D: Presentation: Bike to Work Day (SLOCOG)
Item 4.E: Presentation: Community Choice Energy (Monterey Bay Community Power)
5. PUBLIC COMMENT PERIOD
6. CITY MANAGER’S REPORT
7. CITY ATTORNEY’S REPORT / CLOSED SESSION REPORT
8. COUNCIL COMMITTEE REPORTS
9. CONSENT CALENDAR
Item 9.A: Adoption of Meeting Minutes (Inderlied)
Enclosure 6
7f
9.A Staff Report
Item 9.B: Payroll Register and Register of Demands (Feeser)
9.B Staff Report
Item 9.C: Monthly Department Activity Reports for March 2019
9.C Staff Report
Item 9.D: Paid Parking Division Quarterly Update – Third Quarter of Fiscal Year 2018-19 (Winklepleck)
9.D Staff Report
Item 9.E: Annual City Weed Abatement Program; Declaration of Nuisances (Lee)
9.E Staff Report
Item 9.F: Amendment #1 to Agreement with Water Systems Consulting, Inc. (WSC) for Construction Management Services for the Five Cities Lift Station Project (Fine)
9.F Staff Report
Item 9.G: Encroachment Agreement to allow an existing Site Wall and Landscaping in City Right-of-Way along Property Frontage at 1028 Ocean Boulevard (Fine)
9.G Staff Report
Item 9.H: Approval of the Shell Beach Streetscape Project for Proposed Road Maintenance and Rehabilitation Account Funding (SB1) (Feeser)
9.H Staff Report
10. ITEMS PULLED FROM CONSENT CALENDAR
11. PUBLIC HEARINGS No earlier than 6:00 p.m.
Item 11.A: Introduction of Ordinance Amending the Local Coastal Plan and Title 17 (1983 and 1998 Zoning Codes) and Title 5 of the Pismo Beach Municipal Code, Adding Regulations for the Operation of Short-Term Rentals in Detached Single-Family Homes in the R-2 and R-3 Zones, and Adding and Clarifying Definitions (Winklepleck)
11.A Staff Report
Item 11.B: Resolution Levying the 2% Annual Assessment for the Pismo Beach Lodging Business Improvement District (LBID) for Fiscal Year (FY) 2019-20: July 1, 2019 through June 30, 2020 (Feeser)
11.B Staff Report
12. BUSINESS ITEMS May be reordered and heard prior to Public Hearings Item 12.A: Agreements with Dudek and Rincon Consultants to Provide Planning and Environmental Services for the Update to the General Plan/Local Coastal Plan (Winklepleck)
12.A Staff Report
13. CITY COUNCIL COMMENTS AND REQUESTS
14. ADJOURNMENT
MINUTES
Pismo Beach City Council
Tuesday, April 16, 2019
Special Budget Work Plans Workshop- 1: 00 p. m.
Council Chamber, 760 Mattie Road, Pismo Beach, California, 93449 The City Council of the City of Pismo Beach met this date in a special workshop session in the Council Chamber, City Hall, 760 Mattie Road, Pismo Beach, California with Mayor Waage presiding.
CALL TO ORDER: Mayor Waage called the meeting to order at 1: 05 p. m.
1. ROLL CALL:
Present:
Mayor Ed Waage
Mayor Pro Tem Erik Howell
Council Member Sheila Blake
Council Member Marcia Guthrie
Council Member Mary Ann Reiss
Absent:
None
Staff Present:
Nadia Feeser, Administrative Services Director
Benjamin Fine, Public Works Director/ City Engineer
Jorge Garcia, Management Services Director
Erica Inderlied, City Clerk
Gordon Jackson, Conference & Visitors Bureau Executive Director Paul Lee, Battalion Chief
James R. Lewis, City Manager
Jake Miller, Chief of Police
Jeff Winklepleck, Community Development Director
Other staff present as noted below
2. PUBLIC COMMENT PERIOD
Mayor Waage called for public comment. There being no one wishing to comment, Mayor Waage closed the public comment period.
PAGE 1 OF 12
Approved May 7, 2019 CCM- 2019- 04- 16 Special, Closed & Regular City Council Meeting Minutes April 16, 2019
3. AGENDA ITEMS
Item 3. A: Department Work Plans for Fiscal Year 2020 & 2021 Budget (Feeser/AII) City Manager Lewis and Administrative Services Director Feeser presented the staff report, recommending that the Council receive a presentation from staff regarding an overview of the Fiscal Year 2020 & 2021 Budget, including proposed Council Goals and Work Plans, and provide direction to staff on fiscal policies, Council Goals, Department Work Plans and Priorities, and policy items, and responded to Council inquiry.
Mayor Waage opened the public comment period. There being no one wishing to comment, Mayor Waage closed the public comment period.
There was consensus among the Council, with Mayor Pro Tem Howell and Council Member Blake dissenting regarding a proposed " City Hall Security and Customer Service Entry" work plan, to support staffs recommended policies and work plans.
4. ADJOURNMENT
There being no further business, Mayor Waage adjourned the meeting at 4: 32 p. m., to the 5: 00 p. m. Closed Session.
PAGE 2 OF 12
Approved May 7, 2019 CCM- 2019- 04- 16 Special, Closed & Regular City Council Meeting Minutes April 16, 2019
Special Closed Session- 4: 00 p. m.
Administration Conference Room, 760 Mattie Road, Pismo Beach, California, 93449 The City Council of the City of Pismo Beach met this date in a special closed session in the Administration Conference Room, City Hall, 760 Mattie Road, Pismo Beach, California with Mayor Waage presiding.
CALL TO ORDER: Mayor Waage called the meeting to order at 4: 00 p. m.
1. ROLL CALL:
Present:
Mayor Ed Waage
Mayor Pro Tem Erik Howell
Council Member Sheila Blake
Council Member Marcia Guthrie
Council Member Mary Ann Reiss
Absent:
None
Staff Present:
David Fleishman, City Attorney
James R. Lewis, City Manager
Jeff Winklepleck, Community Development Director
2. PUBLIC COMMENT PERIOD
Mayor Waage called for public comment. There being no one wishing to comment, Mayor Waage closed the public comment period.
3. ANNOUNCEMENT OF CLOSED SESSION ITEMS
Mayor Waage announced the Closed Session items listed below.
Item 3. A: Conference with Real Property Negotiators ( Government Code § 54956. 8) Property: APN: 005- 076- 021; 005- 078- 008; 005- 078- 021 Agency Negotiator: James R. Lewis
Negotiating Parties: Wolosz Family Trust
Under Negotiation: Price and Terms of Payment
4. CLOSED SESSION REPORT
City Attorney Fleishman reported in open session that there was no reportable action on the above -listed item( s).
PAGE 3 OF 12
Approved May 7, 2019 CCM- 2019- 04- 16 Special, Closed & Regular City Council Meeting Minutes April 16, 2019
5. ADJOURNMENT
There being no further business, Mayor Waage adjourned the meeting at 5: 37 p. m., to the 5: 30 p. m. Regular Meeting.
PAGE 4 OF 12
Approved May 7, 2019 CCM- 2019- 04-16 Special, Closed & Regular City Council Meeting Minutes April 16, 2019
Regular Meeting- 5: 30 p. m.
Council Chamber, 760 Mattie Road, Pismo Beach, California, 93449 The City Council of the City of Pismo Beach met this date in a regular session in the City Council Chamber, 760 Mattie Road, Pismo Beach, California with Mayor Waage presiding.
CALL TO ORDER: Mayor Waage called the meeting to order at 5: 40 p. m.
1. ROLL CALL:
Present:
Mayor Ed Waage
Mayor Pro Tem Erik Howell
Council Member Sheila Blake
Council Member Marcia Guthrie
Council Member Mary Ann Reiss
Absent:
None
Staff Present:
Nadia Feeser, Administrative Services Director
Benjamin Fine, Public Works Director/City Engineer
David Fleishman, City Attorney
Debra Garcia, Management Services Director
Erica Inderlied, City Clerk
Gordon Jackson, Conference & Visitors Bureau Executive Director Paul Lee, Battalion Chief
James R. Lewis, City Manager
Jake Miller, Chief of Police
Jeff Winklepleck, Community Development Director
Other staff present as noted below
2. PLEDGE OF ALLEGIANCE
Mayor Waage led the Pledge of Allegiance.
3. ACCEPTANCE OF AGENDA
4. PRESENTATIONS
Item 4.A: Proclamation: Hunger Awareness Day
The Council read a proclamation recognizing Hunger Awareness Day and presented the Proclamation to Kevin Drabinski, CEO, Food Bank Coalition of San Luis Obispo County.
PAGE 5 OF 12
Approved May 7, 2019 CCM- 2019- 04- 16 Special, Closed & Regular City Council Meeting Minutes April 16, 2019
Item 4. B: Proclamation: Sexual Assault Awareness Month The Council read a proclamation recognizing Sexual Assault Awareness Month and presented the Proclamation to Robert Diaz, Education Program Manager, and Janae Sargent, Education Program Coordinator, RISE San Luis Obispo County.
Item 4. C: Proclamation: National Travel and Tourism Week The Council read a proclamation recognizing National Travel and Tourism Week and presented the Proclamation to Derek Kirk, Director of Community Engagement and Advocacy, Visit SLO CAL.
Item 4. D: Presentation: Bike to Work Day
Peter Williamson, Employer Outreach Coordinator, San Luis Obispo Council of Governments, offered a presentation regarding Bike to Work Day.
Item 4. E: Presentation: Community Choice Energy
J. R. Killigrew, Director of Communications & Energy Programs, and Tom Habashi, CEO, Monterey Bay Community Power, offered a presentation regarding Community Choice Energy.
There was consensus among the Council to direct staff to return with an actionable agenda item regarding Community Choice Energy enrollment, to include speakers on both sides of the issue.
Mayor Waage called for public comment.
The following spoke regarding Community Choice Energy: Benita Epstein, John MacKeen, June Cochran, Travis Higgins, Bruce Severance, John Smigelski, Charles Varni.
There being no one else wishing to comment, Mayor Waage closed the public comment period.
5. PUBLIC COMMENT PERIOD
Mayor Waage called for public comment.
David Archer, CEO, Pismo Beach Chamber of Commerce, commented on upcoming events.
PAGE 6 OF 12
Approved May 7, 2019 CCM- 2019- 04- 16 Special, Closed & Regular City Council Meeting Minutes April 16, 2019
The following spoke regarding a proposed homeless shelter project in Grover Beach:
Jennifer, Bruce Severance, Marcia Vierra, Paul Hertel, Susan Wayland, Tom Girard, Kevin Watkins, Janna Nichols, William Ashley ( Supplemental material submitted into the record).
The following spoke regarding proposed paid parking on Price Street: Paul Schiro, Don Day, Joseph DiFronzo.
There being no one else wishing to comment, Mayor Waage closed the public comment period.
6. CITY MANAGER' S REPORT
City Manager Lewis commented on various items.
7. CITY ATTORNEY' S REPORT / CLOSED SESSION REPORT
City Attorney Fleishman reported that the Council had taken no reportable action during its 4: 00 p. m. Closed Session.
8. COUNCIL COMMITTEE REPORTS
Council Member Blake commented on a recent meeting of the Integrated Waste Management Authority Board.
Mayor Waage commented a recent meeting of the San Luis Obispo Council of Governments Board.
9. CONSENT CALENDAR
Mayor Waage called for public comment. There being no one wishing to comment, Mayor Waage closed the public comment period.
Council Member Howell requested that Item 9. G, Encroachment Agreement to allow an existing Site Wall and Landscaping in City Right -of -Way along Property Frontage at 1028 Ocean Boulevard, be pulled for discussion.
Motion by Mayor Pro Tem Howell, seconded by Council Member Reiss, to approve the remaining Consent Calendar items. Motion passed 5- 0 by roll call vote.
AYES: 5
NOES: 0
Howell, Reiss, Blake, Guthrie, Waage
PAGE 7 OF 12
Approved May 7, 2019 CCM- 2019- 04- 16 Special, Closed & Regular City Council Meeting Minutes April 16, 2019
Item 9. A: Adoption of Meeting Minutes ( Inderlied)
Recommendation: Adopt Minutes of the April 2, 2019 Closed and Regular Joint Meetings.
Item 9. B: Payroll Register and Register of Demands ( Feeser) Recommendation:
1. Approve the Summary of Payroll Register for March 31, 2019;
2. Approve the Register of Demands for March 22, 2019.
Item 9. C: Monthly Department Activity Reports for March 2019 Recommendation: Receive reports as information only.
Item 9. D: Paid Parking Division Quarterly Update — Third Quarter of Fiscal Year 2018- 19 ( Winklepleck)
Recommendation: Receive report; information only.
Item 9. E: Annual City Weed Abatement Program; Declaration of Nuisances ( Lee)
Item 9. F:
Recommendation: Adopt a Resolution declaring that grass, weeds and rubbish on certain lots in the City of Pismo Beach constitute public nuisances and ordering said public nuisances to be abated.
Resolution R- 2019- 030 adopted.
Amendment # 1 to Agreement with Water Systems Consulting, Inc. ( WSC) for Construction Management Services for the Five Cities Lift Station Project (Fine)
Recommendation: Adopt a Resolution authorizing the City Manager to execute Amendment # 1 to the existing Professional Services Agreement with Water Systems Consulting, Inc. ( WSC) for the Five Cities Lift Station Project in the amount of $69, 900.
Resolution R-2019- 031 adopted.
Item 9. G: Encroachment Agreement to allow an existing Site Wall and Landscaping in City Right -of -Way along Property Frontage at 1028 Ocean Boulevard ( Fine)
Recommendation: Authorize the City Manager to execute, and the City Clerk to record, an Encroachment Agreement for 1028 Ocean PAGE 8 OF 12
Approved May 7, 2019 CCM- 2019- 04- 16 Special, Closed & Regular City Council Meeting Minutes April 16, 2019
Item 9. H:
Boulevard to allow an existing site wall and landscaping in City rightof-way.
This item was pulled from the Consent Calendar for discussion.
Approval of the Shell Beach Streetscape Project for Proposed Road Maintenance and Rehabilitation Account Funding ( SB1) Feeser)
Recommendation: Adopt a Resolution approving the Shell Beach Streetscape Project for proposed Senate Bill 1 Road Maintenance and Rehabilitation Account funding for Fiscal Year 2020.
Resolution R- 2019- 032 adopted.
10. ITEMS PULLED FROM CONSENT
Item 9. G: Encroachment Agreement to allow an existing Site Wall and Landscaping in City Right -of -Way along Property Frontage at 1028 Ocean Boulevard ( Fine)
City Manager Lewis presented the staff report, recommending that the Council Authorize the City Manager to execute, and the City Clerk to record, an Encroachment Agreement for 1028 Ocean Boulevard to allow an existing site wall and landscaping in City right- of-way, and responded to Council inquiry.
Mayor Waage opened the public comment period. There being no one wishing to comment, Mayor Waage closed the public comment period.
Motion by Council Member Reiss, seconded by Council Member Blake, to authorize the City Manager to execute, and the City Clerk to record, an Encroachment Agreement for 1028 Ocean Boulevard to allow an existing site wall and landscaping in City right- of-way. Motion passed 5- 0 by roll call vote.
AYES: 5
NOES: 0
Reiss, Blake, Guthrie, Howell, Waage
PAGE 9 OF 12
Approved May 7, 2019 CCM- 2019-04- 16 Special, Closed & Regular City Council Meeting Minutes April 16, 2019
11. PUBLIC HEARINGS
Item 11. A: Introduction of Ordinance Amending the Local Coastal Plan and Title 17 ( 1983 and 1998 Zoning Codes) and Title 5 of the Pismo Beach Municipal Code, Adding Regulations for the Operation of Short -Term Rentals in Detached Single -Family Homes in the R-2 and R- 3 Zones, and Adding and Clarifying Definitions ( Winklepleck)
Community Development Director Winklepleck presented the staff report, recommending that the Council Introduce an Ordinance amending Chapters 5. 22 and 17. 09 of the Pismo Beach Municipal Code relating to the definition of Long -Term Rentals; amending the Local Coastal Program and Chapters 17. 021, 17. 024, 17. 027, 17. 030, 17. 042, and 17. 113 of the Pismo Beach Municipal Code ( 1983 Coastal Zoning Code) relating to the operation of Short -Term Rentals in detached single-family homes in the R- 2 and R- 3 zones, and adding vacation rental use to the R- 4, R- R, and C- 1 zones; and direct staff to submit a request to the California Coastal Commission to certify an amendment to the Certified Local Coastal Plan ( LCP), and responded to Council inquiry.
Mayor Waage opened the public hearing.
Melany Shapiro, Pismo Beach, spoke in support of the ordinance.
There being no one else wishing to comment, Mayor Waage closed the public hearing.
Motion by Mayor Waage, seconded by Council Member Blake, to introduce Ordinance 0-2019- XXX, amending Chapters 5. 22 and 17. 09 of the Pismo Beach Municipal Code relating to the definition of Long - Term Rentals; amending the Local Coastal Program and Chapters
17. 021, 17. 024, 17. 027, 17. 030, 17. 042, and 17. 113 of the Pismo Beach Municipal Code ( 1983 Coastal Zoning Code) relating to the operation of Short -Term Rentals in detached single-family homes in the R-2 and R- 3 zones, and adding vacation rental use to the R- 4, R- R, and C- 1 zones. Motion passed 5- 0 by roll call vote.
AYES: 5 Waage, Blake, Guthrie, Reiss, Howell.
NOES: 0
Motion by Mayor Waage, seconded by Council Member Guthrie, to direct staff to submit a request to the California Coastal Commission to certify an amendment to the Certified Local Coastal Plan ( LCP).
Motion passed 5- 0 by roll call vote.
AYES: 5 Waage, Guthrie, Blake, Reiss, Howell.
NOES: 0
PAGE 10 OF 12
Approved May 7, 2019 CCM- 2019- 04- 16 Special, Closed & Regular City Council Meeting Minutes April 16, 2019
Item 11. B: Resolution Levying the 2% Annual Assessment for the Pismo Beach Lodging Business Improvement District ( LBID) for Fiscal Year ( FY) 2019- 20: July 1, 2019 through June 30, 2020 ( Feeser)
Administrative Services Director Feeser presented the staff report, recommending that the Council Open public hearing; accept protests, if any, to the proposed assessments; close public hearing; adopt a Resolution levying a 2% annual assessment for the Pismo Beach Lodging Business Improvement District ( LBID) for Fiscal Year ( FY) 2019- 20: July 1, 2019 through June 30, 2020, and responded to Council inquiry.
Mayor Waage opened the public hearing. There being no one wishing to comment, Mayor Waage closed the public hearing.
Motion by Council Member Reiss, seconded by Council Member Blake, to adopt Resolution R- 2019- 033, levying a 2% annual assessment for the Pismo Beach Lodging Business Improvement District ( LBID) for Fiscal Year ( FY) 2019- 20: July 1, 2019 through June 30, 2020. Motion passed 5- 0 by roll call vote.
AYES: 5
NOES: 0
Howell, Reiss, Blake, Guthrie, Waage
12. BUSINESS ITEMS
Item 12. A: Agreements with Dudek and Rincon Consultants to Provide Planning and Environmental Services for the Update to the General Plan/ Local Coastal Plan ( Winklepleck)
Community Development Director Winklepleck and Planner Schwartz presented the staff report, recommending that the Council adopt a Resolution awarding a contract to Dudek for consulting services to complete the General Plan/ Local Coastal Plan Update in the amount of $457,602.20 and accepting and budgeting a California Coastal Commission grant in the amount of $85, 000 for the Local Coastal Plan Update in Fiscal Year 2019; adopt a Resolution awarding a contract to Rincon Consultants, Inc. for consulting services to complete the Environmental Impact Report for the General Plan/ Local Coastal Plan Update in the amount of $170, 790 in FY 2019, and responded to Council inquiry.
Mayor Waage opened the public comment period. There being no one else wishing to comment, Mayor Waage closed the public comment period.
Motion by Council Member Reiss, seconded by Council Member Blake, to adopt Resolution R-2019- 034, awarding a contract to Dudek for consulting services to complete the General Plan/ Local Coastal PAGE 11 OF 12
Approved May 7, 2019 CCM- 2019- 04- 16 Special, Closed & Regular City Council Meeting Minutes April 16, 2019
Plan Update in the amount of $ 457, 602. 20 and accepting and budgeting a California Coastal Commission grant in the amount of 85,000 for the Local Coastal Plan Update in Fiscal Year 2019. Motion passed 5- 0 by roll call vote.
AYES: 5
NOES: 0
Reiss, Blake, Guthrie, Howell, Waage
Motion by Council Member Reiss, seconded by Council Member Blake, to adopt Resolution R- 2019- 035, awarding a contract to Rincon Consultants, Inc. for consulting services to complete the Environmental Impact Report for the General Plan/ Local Coastal Plan Update in the amount of $170, 790 in FY 2019. Motion passed 5- 0 by roll call vote.
AYES: 5
NOES: 0
Reiss, Blake, Guthrie, Howell, Waage
13. CITY COUNCIL COMMENTS AND REQUESTS
None.
14. ADJOURNMENT
There being no further business, Mayor Waage adjourned the meeting at 8: 21 p. m.
APPROVED:
Ed Waage, Mayor
e
ATTEST:
ca Ind - ie • , Cit Ierk
PAGE 12 OF 12
Approved May 7, 2019 CCM- 2019- 04- 16 Special, Closed & Regular To: Mayor and City Council
From: City Manager
Meeting Date: September 12, 2023
Subject: HARBOR TOXIC MONITORING AGREEMENT –
AUTHORIZATION TO EXECUTE AGREEMENT FOR COST
SHARING FOR INSTALLATION OF MONITORING
EQUIPMENT AND MONITORING HARBOR TOXIC
POLLUTANTS
Recommendation:
1. Authorize the City Manager to execute an agreement between the City and the Gateway Water Management Joint Powers Authority (GWMA) for cost sharing for the installation of monitoring equipment and monitoring pursuant to the Harbor Toxic Pollutants Total Maximum Daily Load in a form approved by the City Attorney.
Fiscal Impact:
The City’s share shall not exceed $1,815 for the fiscal year (FY) 2023-24 payment to the Gateway Water Management Joint Powers Authority (GWMA) for managing the installation and collection of data at the Monitoring Stations. Sufficient funding exists in Account No. 209.40.4040-52600 (Measure W Fund 209) in the adopted FY 2023-24 budget to pay these monitoring costs.
Discussion:
On August 31, 2011, a far reaching Total Maximum Daily Load (TMDL) requirement became effective and affected many cities throughout Los Angeles County. The TMDL divides the impacted areas into three (3) groups: 1) The Dominguez Channel, 2) The Los Angeles/Long Beach Harbor and Los Cerritos Channel, and 3) The Los Angeles River and San Gabriel River Watersheds. The City is currently a member of the Los Angeles River and San Gabriel River Watersheds. The TMDL establishes separate compliance requirements for each of those areas. The pollutants are metals (copper, lead, and zinc) and toxins [Dichlorodiphenyltrichloroethane (DDT), Polychlorinated Biphenyls (PCBs), etc.].
8 CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 12, 2023 HARBOR TOXIC MONITORING AGREEMENT – AUTHORIZATION TO EXECUTE
AGREEMENT FOR COST SHARING FOR INSTALLATION OF MONITORING
EQUIPMENT AND MONITORING HARBOR TOXIC POLLUTANTS