HomeMy WebLinkAboutCC 2025-07-22_09i Predesign for 2025 Street Repair ProjectItem 9.i.
MEMORANDUM
TO: City Council
FROM: Bill Robeson, Assistant City Manager/Public Works Director
BY: Theresa Wren, Capital Improvement Projects Manager
SUBJECT: Award of Predesign for 2025 Streets Repair Project
DATE: July 22, 2025
RECOMMENDATION:
1) Adopt a Resolution authorizing the City Manager to execute a contract for the 2025
Streets Repair Project Predesign to Pavement Engineering, Inc. (PEI) for $138,550,
subject to any minor, technical, or non -substantive changes as approved by the City
Manager in consultation with the City Attorney;
2) Authorize the City Manager to approve change orders of 10% of the contract amount,
$13,855, for unanticipated costs during the predesign phase of 2025 Streets Repair
Project; and
3) Determine that the project is categorically exempt from the California Environmental
Quality Act (CEQA) pursuant to CEQA Guideline Section 15301 covering the repair and
maintenance of existing streets, sidewalks, gutters, and similar facilities.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
The Fiscal Year (FY) 2025-26 budget includes $4,139,506 for the annual Streets Repairs
Project for 2025, consisting of the following funds: $481,000 of SB 1 Funds, $3,577,640
of the Measure E-2024 Sales Tax, and $80,866 of CDBG. CDBG funds will only be used
for Construction, not for Predesign nor Design costs. The predesign cost plus contingency
is $152,405, which is within budget.
BACKGROUND:
At its April 22, 20251 meeting, the City Council reviewed the 13-year Plan for Pavement
Management. The City Council found the plan acceptable and the next step was to
schedule deflection testing for the streets recommended for maintenance in the upcoming
budget. This predesign accomplishes that step in the process for FY 2025 -26 and FY
2026-27.
1 https://pub-arroyogrande.escribemeetings.com/Meeting.aspx?Id=43ec42d2-defc-44f6-ad47-
8a8c8b0bdea4&lang=English&Agenda=Agenda&Item=43&Tab=attachments
Page 164 of 440
Item 9.i.
City Council
Award of Predesign for 2025 Streets Repair Project
July 22, 2025
Page 2
ANALYSIS OF ISSUES:
The City issued a Request for Proposal for Predesign Services of the 2025 Streets Repair
Project on June 12, 2025. The City received five responses. One was a “no-bid,” and the
other four consultants submitted proposals. The proposals were reviewed by a committee
per the criteria listed in the RFP, including understanding of the work to be performed,
experience with similar assignments, assigned Project Manager/team, ability to complete
the project on schedule, and overall value to the City. The committee ranked PEI as the
top proposal in all categories.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Adopt the Resolution authorizing the City Manager to execute the contract with
PEI for $138,550 and to approve change orders of 10% of the contract amount,
$13,855;
2. Modify staff’s recommendation and adopt the Resolution approving the contract;
3. Do not approve staff’s recommendation and request further information; or
4. Provide other direction to staff.
ADVANTAGES:
Completing the predesign testing of the streets provides empirical data through deflection
testing and asphalt coring to determine the most cost-efficient treatment course for streets
scheduled for pavement maintenance. It provides an accurate reflection of the existing
conditions of the streets instead of an assumption of treatment based on visual
observation of pavement condition.
DISADVANTAGES:
The predesign deflection testing requires traffic control and generates some noise. These
conditions only last for several minutes at any one location.
ENVIRONMENTAL REVIEW:
The project is categorically exempt from the California Environmental Quality Act (CEQA)
pursuant to CEQA Guideline Section 15301 covering the repair and maintenance of
existing streets, sidewalks, gutters, and similar facilities.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with
Government Code Section 54954.2.
ATTACHMENTS:
1. Resolution with Exhibit A Proposed Agreement
2. Request for Proposal with Addendum #1
3. Predesign Proposal Review Sheet
Page 165 of 440
ATTACHMENT 1
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT FOR THE 2025 STREETS REPAIR PROJECT PREDESIGN
TO PAVEMENT ENGINEERING, INC. (PEI) FOR $138,550, SUBJECT TO
ANY MINOR, TECHNICAL, OR NON-SUBSTANTIVE CHANGES AS
APPROVED BY THE CITY MANAGER IN CONSULTATION WITH THE
CITY ATTORNEY AND AUTHORIZING THE CITY MANAGER TO
APPROVE CHANGE ORDERS OF 10% OF THE CONTRACT AMOUNT,
$13,855, FOR UNANTICIPATED COSTS DURING THE PREDESIGN
PHASE OF 2025 STREETS REPAIR PROJECT
WHEREAS, at its April 22, 2025, meeting, the City Council reviewed the 13 -year Plan for
Pavement Management and found the plan acceptable. The next step was to schedule
deflection testing for the streets recommended for maintenance in the upcoming budget;
and
WHEREAS, completing the predesign testing of the streets provides empirical data
through deflection testing and asphalt coring to determine the mos t cost-efficient
treatment course for streets scheduled for pavement maintenance. It provides an
accurate reflection of the existing conditions of the streets
WHEREAS, the City issued a Request for Proposal for Predesign Services for the 2025
Streets Repair Project on June 12, 2025. Four proposals were received and evaluated
per the criteria in the Request for Proposal by a committee. Pavement Engineering, Inc.,
was ranked as the top proposal; and
WHEREAS, the Fiscal Year 2025-26 budget includes $4,139,506 for the annual Streets
Repairs Project for 2025, consisting of the following funds: $481,000 of SB 1 Funds,
$3,577,640 of the Measure E-2024 Sales Tax, and $80,866 of CDBG. CDBG funds will
only be used for Construction, not for Predesign nor Design costs.; and
WHEREAS, adequate funds exist in the budget to cover the predesign cost proposal
from Pavement Engineering, Inc.($138,550) plus ten percent contingency ($13,855);
and
WHEREAS, all prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande does hereby:
Page 166 of 440
RESOLUTION NO.
PAGE 2
1. RECITALS. The foregoing recitals are true and correct and are incorporated
herein.
2. CEQA FINDINGS. The project is categorically exempt from the California
Environmental Quality Act (CEQA) pursuant to CEQA Guideline s Section 15301
covering the repair and maintenance of existing streets, sidewalks, gutters, and
similar facilities, involving a project for which there is negligible or no expansion of
use of such facilities. None of the exceptions set forth in State CEQA Guidelines
Section 15300.2 apply. The City Council hereby directs staff to prepare, execute,
and file a Notice of Exemption with the County Clerk and the State Clearinghouse
within five (5) working days of the Project’s approval and adoption of this
Resolution.
3. CONTRACT AWARD. Authorizes the City Manager to execute a contract for the
2025 Streets Repair Project Predesign to Pavement Engineering, Inc. (PEI) for
$138,550, subject to any minor, technical, or non-substantive changes as
approved by the City Manager in consultation with the City Attorney (Exhibit A).
The City Council incorporates the analysis of the Staff Report dated July 22, 2025,
accompanying this item, as part of the passage of this Resolution.
4. CONTINGENCY. Authorizes the City Manager or designee to approve change
orders of ten percent (10%) of this contract amount, $138,550, for unanticipated
costs during the execution of the predesign phase of this project.
5. EFFECT. This Resolution shall take effect immediately upon adoption.
On motion of Council Member , seconded by Council Member ,
and on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this 22nd day of July 2025.
Page 167 of 440
RESOLUTION NO.
PAGE 3
CAREN RAY RUSSOM, MAYOR
ATTEST:
JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
MATTHEW DOWNING, CITY MANAGER
APPROVED AS TO FORM:
ISAAC ROSEN, CITY ATTORNEY
Page 168 of 440
EXHIBIT A
BB&K (2023) -1- PROFESSIONAL SERVICES AGREEMENT
CITY OF ARROYO GRANDE
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this 22nd day of July, 2025, by and between the
City of Arroyo Grande, a municipal corporation organized under the laws of the State of California
with its principal place of business at 300 E. Branch Street, Arroyo Grande, California 93420,
County of San Luis Obispo, State of California ("City") and Pavement Engineering, Inc., a
California, with its principal place of business at 3485 Sacramento Drive, Suite A ("Consultant").
City and Consultant are sometimes individually referred to herein as "Party" and collectively as
"Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain
professional services required by the City on the terms and conditions set forth in this Agreement.
Consultant represents that it is experienced in providing pavement testing and predesign services
to public clients, is licensed in the State of California, and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such professional services for the Predesign
of 2025 Streets Repair Project PW 2025-01 ("Project") as set forth in this Agreement.
2.3 Authority
On July 22, 2025, the City Council approved this Agreement and authorized the City Manager to
execute the Agreement with Consultant.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to
the City all labor, materials, tools, equipment, services, and incidental and customary work
necessary to fully and adequately supply the professional pavement testing and evaluation
consulting services necessary for the Project ("Services"). The Services are more particularly
described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall
be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto
and incorporated herein by reference, and all applicable local, state and federal laws, rules and
regulations.
3.1.2 Term. The term of this Agreement shall be from July 22, 2025, to July 22,
2026, unless earlier terminated as provided herein. Consultant shall complete the Services within
the term of this Agreement, and shall meet any other established schedules and deadlines. The
Parties may, by mutual, written consent, extend the term of this Agreement if necessary to
complete the Services.
Page 169 of 440
EXHIBIT A
BB&K (2023) -2- PROFESSIONAL SERVICES AGREEMENT
3.2 Compensation.
3.2.1 Compensation. Consultant shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates set forth
in Exhibit "B" attached hereto and incorporated herein by reference. The total compensation shall
not exceed One Hundred Thirty-Eight Thousand Five Hundred Dollars ($138,500) without
written approval of the City Council or City Manager, as applicable. Extra Work may be
authorized, as described below, and if authorized, will be compensated at the rates and manner
set forth in this Agreement.
3.2.2 Payment of Compensation. Consultant shall submit to City a monthly
invoice which indicates work completed and hours of Services rendered by Consultant. The
invoice shall describe the amount of Services provided since the initial commencement date, or
since the start of the subsequent billing periods, as appropriate, through the date of the invoice.
City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed
and approved charges. If the City disputes any of Consultant's fees, the City shall give written
notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth
therein. Payment shall not constitute acceptance of any Services completed by Consultant. The
making of final payment shall not constitute a waiver of any claims by the City for any reason
whatsoever.
3.2.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any
expenses unless authorized in writing by City, or included in Exhibit "B" of this Agreement.
3.2.4 Extra Work. At any time during the term of this Agreement, City may
request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which
is determined by City to be necessary for the proper completion of the Project, but which the
Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization
from the City.
3.3 Responsibilities of Consultant.
3.3.1 Independent Contractor; Control and Payment of Subordinates. The
Services shall be performed by Consultant or under its supervision. Consultant will determine the
means, methods and details of performing the Services subject to the requirements of this
Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Any personnel performing the Services on behalf of Consultant shall not be employees of City
and shall at all times be under Consultant's exclusive direction and control. Neither City, or any
of its officials, officers, directors, employees or agents shall have control over the conduct of
Consultant or any of Consultants officers, employees or agents, except as set forth in this
Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in
connection with their performance of Services under this Agreement and as required by law.
Consultant shall be responsible for all reports and obligations respecting such additional
personnel, including, but not limited to: social security taxes, income tax withholding,
unemployment insurance, disability insurance, and workers' compensation insurance.
3.3.2 Schedule of Services. Consultant shall perform the Services in a prompt
and timely manner and in accordance with the Schedule of Services set forth in Exhibit "A"
attached hereto and incorporated herein by reference. Consultant represents that it has the
Page 170 of 440
EXHIBIT A
BB&K (2023) -3- PROFESSIONAL SERVICES AGREEMENT
professional and technical personnel required to perform the Services expeditiously. Upon
request of City, Consultant shall provide a more detailed schedule of anticipated performance to
meet the Schedule of Services.
3.3.3 Conformance to Applicable Requirements. All work prepared by
Consultant shall be subject to the approval of City.
3.3.4 Substitution of Key Personnel. Consultant has represented to City that
certain key personnel will perform and coordinate the Services under this Agreement. Should
one or more of such personnel become unavailable, Consultant may substitute other personnel
of at least equal competence upon written approval of City. In the event that City and Consultant
cannot agree as to the substitution of key personnel, City shall be entitled to terminate this
Agreement for cause. The key personnel for performance of this Agreement are as follows:
Joseph L Ririe, President and Senior Principal Engineer
3.3.5 City's Representative. The City hereby designates Matthew Downing, City
Manager, or his/her designee, to act as its representative in all matters pertaining to the
administration and performance of this Agreement ("City's Representative"). City's
Representative shall have the power to act on behalf of the City for review and approval of all
products submitted by Consultant but not the authority to enlarge the Scope of Services or change
the total compensation due to Consultant under this Agreement. The City Manager shall be
authorized to act on City's behalf and to execute all necessary documents which enlarge the
Scope of Services or change the Consultant's total compensation subject to the provisions
contained in this Agreement. Consultant shall not accept direction or orders from any person
other than the City Manager, City's Representative or his/her designee.
3.3.6 Consultant's Representative. Consultant hereby designates Joseph L.
Ririe, President, or his/her designee, to act as its representative for the performance of this
Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority
to represent and act on behalf of the Consultant for all purposes under this Agreement. The
Consultant's Representative shall supervise and direct the Services, using his/her best skill and
attention, and shall be responsible for all means, methods, techniques, sequences, and
procedures and for the satisfactory coordination of all portions of the Services under this
Agreement.
3.3.7 Coordination of Services. Consultant agrees to work closely with City staff
in the performance of Services and shall be available to City's staff, consultants and other staff at
all reasonable times.
3.3.8 Standard of Care; Performance of Employees. Consultant shall perform all
Services under this Agreement in a skillful and competent manner, consistent with the standards
generally recognized as being employed by professionals in the same discipline in the State of
California. Consultant represents and maintains that it is skilled in the professional calling
necessary to perform the Services. Consultant warrants that all employees and subconsultants
shall have sufficient skill and experience to perform the Services assigned to them. Consultant
represents that it, its employees and subconsultants have all licenses, permits, qualifications and
approvals of whatever nature that are legally required to perform the Services, and that such
licenses and approvals shall be maintained throughout the term of this Agreement. Consultant
shall perform, at its own cost and expense and without reimbursement from the City, any services
Page 171 of 440
EXHIBIT A
BB&K (2023) -4- PROFESSIONAL SERVICES AGREEMENT
necessary to correct errors or omissions which are caused by the Consultant's failure to comply
with the standard of care provided for herein. Any employee of the Consultant or its
subconsultants who is determined by the City to be uncooperative, incompetent, a threat to the
adequate or timely completion of the Project, a threat to the safety of persons or property, or any
employee who fails or refuses to perform the Services in a manner acceptable to the City, shall
be promptly removed from the Project by the Consultant and shall not be re-employed to perform
any of the Services or to work on the Project.
3.3.9 Period of Performance.
3.3.9.1 Consultant shall perform and complete all Services under this
Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall
also perform the Services in strict accordance with any completion schedule or Project milestones
described in Exhibits “A” attached hereto, or which may be separately agreed upon in writing by
the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are
not completed within the aforementioned Performance Time and/or pursuant to any such
Performance Milestones developed pursuant to provisions of this Agreement, it is understood,
acknowledged and agreed that the City will suffer damage.
3.3.9.2 Neither City nor Consultant shall be considered in default of this
Agreement for delays in performance caused by circumstances beyond the reasonable control of
the non-performing Party. For purposes of this Agreement, such circumstances include a Force
Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s
performance and is one or more of the following: (1) Acts of God or other natural disasters; (2)
terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without
limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by
governmental authorities that are required for the services); (4) strikes and other organized labor
action occurring at the site and the effects thereof on the services, only to the extent such strikes
and other organized labor action are beyond the control of Consultant and its subcontractors, and
to the extent the effects thereof cannot be avoided by use of replacement workers; and (5)
pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of
governmental authorities,” includes ordinances, emergency proclamations and orders, rules to
protect the public health, welfare and safety, and other actions of a public agency applicable to
the services and Agreement.
3.3.9.3 Should a Force Majeure Event occur, the non-performing Party
shall, within a reasonable time of being prevented from performing, give written notice to the other
Party describing the circumstances preventing continued performance and the efforts being made
to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of
the Party responsible for the delay, shall not entitle Consultant to any additional compensation.
Notwithstanding the foregoing in this section, the City may still terminate this Agreement in
accordance with the termination provisions of this Agreement.
3.3.10 Laws and Regulations; Employee/Labor Certification.
3.3.10.1 Compliance with Laws. Consultant shall keep itself fully
informed of and in compliance with all local, state and federal laws, rules and regulations in any
manner affecting the performance of the Project or the Services, including all Cal/OSHA
requirements, and shall give all notices required by law. Consultant shall be liable for all violations
Page 172 of 440
EXHIBIT A
BB&K (2023) -5- PROFESSIONAL SERVICES AGREEMENT
of such laws and regulations in connection with the Services and this Agreement. All violations
of such laws and regulations shall be grounds for the City to terminate the Agreement for cause.
3.3.10.2 Employment Eligibility; Consultant. Consultant certifies that it
fully complies with all requirements and restrictions of state and federal law respecting the
employment of undocumented aliens, including, but not limited to, the Immigration Reform and
Control Act of 1986, as may be amended from time to time and shall require all subconsultants
and sub-subconsultants to comply with the same. Consultant certifies that it has not committed
a violation of any such law within the five (5) years immediately preceding the date of execution
of this Agreement, and shall not violate any such law at any time during the term of the Agreement.
3.3.10.3 Equal Opportunity Employment. Consultant represents that it is
an equal opportunity employer and it shall not discriminate against any subconsultant, employee
or applicant for employment because of race, religion, color, national origin, handicap, ancestry,
sex or age. Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or
termination. Consultant shall also comply with all relevant provisions of City's Minority Business
Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in
effect or hereinafter enacted.
3.3.10.4 Air Quality. To the extent applicable, Consultant must fully
comply with all applicable laws, rules and regulations in furnishing or using equipment and/or
providing services, including, but not limited to, emissions limits and permitting requirements
imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air
Resources Board (CARB). Consultant shall indemnify City against any fines or penalties imposed
by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable
laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is
responsible under its indemnity obligations provided for in this Agreement.
3.3.10.5 Water Quality Management and Compliance. Consultant shall
keep itself and all subcontractors, staff, and employees fully informed of and in compliance with
all local, state and federal laws, rules and regulations that may impact, or be implicated by the
performance of the Services including, without limitation, all applicable provisions of the City’s
ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33
U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code
§ 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such
authority. Consultant must additionally comply with the lawful requirements of the City, and any
other municipality, drainage district, or other local agency with jurisdiction over the location where
the Services are to be conducted, regulating water quality and storm water discharges. City may
seek damages from Consultant for delay in completing the Services caused by Consultant’s
failure to comply with the laws, regulations and policies described in this Section, or any other
relevant water quality law, regulation, or policy.
3.3.10.6 Safety. Consultant shall execute and maintain its work so as to
avoid injury or damage to any person or property. In carrying out its Services, the Consultant
shall at all times be in compliance with all applicable local, state and federal laws, rules and
regulations, and shall exercise all necessary precautions for the safety of employees appropriate
to the nature of the work and the conditions under which the work is to be performed.
3.3.11 Insurance.
Page 173 of 440
EXHIBIT A
BB&K (2023) -6- PROFESSIONAL SERVICES AGREEMENT
3.3.11.1 Time for Compliance. Consultant shall not commence work
under this Agreement until it has provided evidence satisfactory to the City that it has secured all
insurance required under this section. In addition, Consultant shall not allow any subconsultant to
commence work on any subcontract until it has provided evidence satisfactory to the City that the
subconsultant has secured all insurance required under this section. Failure to provide and
maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.
3.3.11.2 Types of Insurance Required. As a condition precedent to the
effectiveness of this Agreement for work to be performed hereunder, and without limiting the
indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations
under such Agreement, shall procure and maintain in full force and effect during the term of the
Agreement the following policies of insurance. If the existing policies do not meet the insurance
requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies
to do so.
(A) Commercial General Liability: Commercial General Liability
Insurance which affords coverage at least as broad as Insurance Services Office "occurrence"
form CG 00 01, or the exact equivalent, with limits of not less than $1,000,000 per occurrence
and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to
the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for
contractual liability; (2) excluding coverage for claims or suits by one insured against another
(cross-liability); (3) products/completed operations liability; or (4) containing any other
exclusion(s) contrary to the terms or purposes of this Agreement.
(B) Automobile Liability Insurance: Automobile Liability
Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering
"Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all
activities with limits of not less than $1,000,000 combined limit for each occurrence.
(C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of
not less than $1,000,000 per accident for bodily injury and disease.
(D) Professional Liability (Errors & Omissions): Professional
Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with
limits of not less than $1,000,000. Covered professional services shall specifically include all
work to be performed under the Agreement and delete any exclusions that may potentially affect
the work to be performed (for example, any exclusions relating to lead, asbestos, pollution,
testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on
a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement
and continuous coverage will be maintained or an extended reporting period will be exercised for
a period of at least five (5) years from termination or expiration of this Agreement.
3.3.11.3 Insurance Endorsements. Required insurance policies shall
contain the following provisions, or Consultant shall provide endorsements on forms approved by
the City to add the following provisions to the insurance policies:
(A) Commercial General Liability: (1) Additional Insured: The
City, its officials, officers, employees, agents, and volunteers shall be additional insureds with
regard to liability and defense of suits or claims arising out of the performance of the Agreement.
Page 174 of 440
EXHIBIT A
BB&K (2023) -7- PROFESSIONAL SERVICES AGREEMENT
Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude
"contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other
exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial
General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10
10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this
requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage
reduced until a thirty (30) day written notice of cancellation has been served upon the City except
ten (10) days shall be allowed for non-payment of premium.
(B) Automobile Liability. (1) Cancellation: Required insurance
policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of
cancellation has been served upon the City except ten (10) days shall be allowed for non-payment
of premium.
(C) Professional Liability (Errors & Omissions): (1) Cancellation:
Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day
written notice of cancellation has been served upon the City except ten (10) days shall be allowed
for non-payment of premium. (2) Contractual Liability Exclusion Deleted: This insurance shall
include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the
insured and include a provision establishing the insurer’s duty to defend.
(D) Workers' Compensation: (1) Cancellation: Required
insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written
notice of cancellation has been served upon the City except ten (10) days shall be allowed for
non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the
insurer waives all rights of subrogation against the City, its officials, officers, employees, agents,
and volunteers.
3.3.11.4 Primary and Non-Contributing Insurance. All policies of
Commercial General Liability and Automobile Liability insurance shall be primary and any other
insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees,
agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be
endorsed to contain such provisions.
3.3.11.5 Waiver of Subrogation. All required insurance coverages,
except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation
in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically
allow Consultant or others providing insurance evidence in compliance with these specifications
to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery
against City, and shall require similar written express waivers and insurance clauses from each
of its subconsultants.
3.3.11.6 Deductibles and Self-Insured Retentions. Any deductible or self-
insured retention must be approved in writing by the City and shall protect the City, its officials,
officers, employees, agents, and volunteers in the same manner and to the same extent as they
would have been protected had the policy or policies not contained a deductible or self-insured
retention.
3.3.11.7 Evidence of Insurance. The Consultant, concurrently with the
execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall
Page 175 of 440
EXHIBIT A
BB&K (2023) -8- PROFESSIONAL SERVICES AGREEMENT
deliver either certified copies of the required policies, or original certificates on forms approved by
the City, together with all endorsements affecting each policy. Required insurance policies shall
not be in compliance if they include any limiting provision or endorsement that has not been
submitted to the City for approval. The certificates and endorsements for each insurance policy
shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least
fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that
such insurance coverage has been renewed or extended shall be filed with the City. If such
coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the
required coverage, Consultant shall, within ten (10) days after receipt of written notice of such
cancellation or reduction of coverage, file with the City evidence of insurance showing that the
required insurance has been reinstated or has been provided through another insurance company
or companies.
3.3.11.8 Acceptability of Insurers. Each such policy shall be from a
company or companies with a current A.M. Best's rating of no less than A:VII and authorized to
transact business of insurance in the State of California, or otherwise allowed to place insurance
through surplus line brokers under applicable provisions of the California Insurance Code or any
federal law.
3.3.11.9 Enforcement of Agreement Provisions (non estoppel).
Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform
Consultant of non-compliance with any requirement imposes no additional obligation on the City
nor does it waive any rights hereunder.
3.3.11.10 Requirements Not Limiting. Requirement of specific coverage
or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or
other requirement, or a waiver of any coverage normally provided by any insurance.
3.3.11.11 Additional Insurance Provisions
(A) The foregoing requirements as to the types and limits of
insurance coverage to be maintained by Consultant, and any approval of said insurance by the
City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations
otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the
provisions concerning indemnification.
(B) If at any time during the life of the Agreement, 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 Consultant or City will withhold
amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel
this Agreement.
(C) The City may require the Consultant to provide complete
copies of all insurance policies in effect for the duration of the Project.
(D) Neither the City nor any of its officials, officers, employees,
agents or volunteers shall be personally responsible for any liability arising under or by virtue of
this Agreement.
Page 176 of 440
EXHIBIT A
BB&K (2023) -9- PROFESSIONAL SERVICES AGREEMENT
(E) The limits set forth herein shall apply separately to each
insured against whom claims are made or suits are brought, except with respect to the limits of
liability. Further the limits set forth herein shall not be construed to relieve the Consultant from
liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations
to the City and shall not preclude the City from taking such other actions available to the City
under other provisions of the Agreement or law.
(F) Consultant shall report to the City, in addition to Consultant’s
insurer, any and all insurance claims submitted by Consultant in connection with the Services
under this Agreement.
3.3.11.12 Insurance for Subconsultants. Consultant shall include all
subconsultants engaged in any work for Consultant relating to this Agreement as additional
insureds under the Consultant's policies, or the Consultant shall be responsible for causing
subconsultants to purchase the appropriate insurance in compliance with the terms of these
Insurance Requirements, including adding the City, its officials, officers, employees, agents, and
volunteers as additional insureds to the subconsultant's policies. All policies of Commercial
General Liability insurance provided by Consultant’s subconsultants performing work relating to
this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and
volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an
endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to
commence work on any subcontract relating to this Agreement until it has received satisfactory
evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to
the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this
section upon request of the City.
3.4 Labor Code Requirements.
3.4.1 Prevailing Wages. Consultant is aware of the requirements of California
Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations,
Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing
wage rates and the performance of other requirements on "public works" and "maintenance"
projects. If the Services are being performed as part of an applicable "public works" or
"maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is
$1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall
provide Consultant with a copy of the prevailing rates of per diem wages in effect at the
commencement of this Agreement. Consultant shall make copies of the prevailing rates of per
diem wages for each craft, classification or type of worker needed to execute the Services
available to interested parties upon request, and shall post copies at the Consultant's principal
place of business and at the project site. It is the intent of the parties to effectuate the
requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code
within this Agreement, and Consultant shall therefore comply with such Labor Code sections to
the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its
officials, officers, employees, agents, and volunteers free and harmless from any claim or liability
arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4.2 Registration/DIR Compliance. If the Services are being performed on a
public works project of over $25,000 when the project is for construction, alteration, demolition,
installation, or repair work, or a public works project of over $15,000 when the project is for
maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and
Page 177 of 440
EXHIBIT A
BB&K (2023) -10- PROFESSIONAL SERVICES AGREEMENT
1771.1, the Consultant and all subconsultants must be registered with the Department of
Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project
and require the same of any subconsultants.
3.4.3 Compliance Monitoring. This Project may also be subject to compliance
monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with
all applicable registration and labor compliance requirements, including the submission of payroll
records directly to the DIR. Any stop orders issued by the DIR against Consultant or any
subconsultant that affect Consultant’s performance of services, including any delay, shall be
Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall
be considered Consultant caused delay and shall not be compensable by the City. Consultant
shall defend, indemnify and hold the City, its officials, officers, employees and agents free and
harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant
or any subconsultant.
3.4.4 Labor Certification. By its signature hereunder, Consultant certifies that it
is aware of the provisions of Section 3700 of the California Labor Code which require every
employer to be insured against liability for Worker's Compensation or to undertake self-insurance
in accordance with the provisions of that Code, and agrees to comply with such provisions before
commencing the performance of the Services.
3.5 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to
Consultant, terminate the whole or any part of this Agreement at any time and without cause by
giving written notice to Consultant of such termination, and specifying the effective date thereof,
at least seven (7) days before the effective date of such termination. Upon termination, Consultant
shall be compensated only for those Services which have been adequately rendered to City, and
Consultant shall be entitled to no further compensation. Consultant may not terminate this
Agreement except for cause. The rights and remedies of the City provided in this section shall
not be exclusive and are in addition to any other rights and remedies provided by law, equity or
under this Agreement.
3.5.1.2 Effect of Termination. If this Agreement is terminated as
provided herein, City may require Consultant to provide all finished or unfinished Documents and
Data and other information of any kind prepared by Consultant in connection with the performance
of Services under this Agreement. Consultant shall be required to provide such document and
other information within fifteen (15) days of the request.
3.5.1.3 Additional Services. In the event this Agreement is terminated
in whole or in part as provided herein, City may procure, upon such terms and in such manner as
it may determine appropriate, services similar to those terminated.
3.6 Indemnification.
3.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel
of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and
agents free and harmless from any and all claims, demands, causes of action, costs, expenses,
liability, loss, damage or injury of any kind, in law or equity, to property or persons, including
wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or
Page 178 of 440
EXHIBIT A
BB&K (2023) -11- PROFESSIONAL SERVICES AGREEMENT
omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors,
consultants or agents in connection with the performance of the Consultant’s Services, the Project
or this Agreement, including without limitation the payment of all damages, expert witness fees
and attorney’s fees and other related costs and expenses except such loss or damage caused by
the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall
survive expiration or termination of this Agreement and shall not be restricted to insurance
proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or
volunteers.
3.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises
out of Consultant’s performance as a “design professional” (as that term is defined under Civil
Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which
is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that
arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the
Consultant, and, upon Consultant obtaining a final adjudication by a court of competent
jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the
Consultant’s proportionate percentage of fault.
3.7 General Provisions.
3.7.1 Accounting Records. Consultant shall maintain complete and accurate
records with respect to all costs and expenses incurred under this Agreement. All such records
shall be clearly identifiable. Consultant shall allow a representative of City during normal business
hours to examine, audit, and make transcripts or copies of such records and any other documents
created pursuant to this Agreement. Consultant shall allow inspection of all work, data,
documents, proceedings, and activities related to the Agreement for a period of three (3) years
from the date of final payment under this Agreement.
3.7.2 Independent Contractors and Subcontracting.
3.7.2.1 Use of Consultants. Consultant is aware of statutory and case
law regarding classification of workers as independent contractors, including California Labor
Code Section 2750.3 and Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903
(2018). To ensure that Consultant is in compliance with the California Labor Code, Consultant
shall only utilize its employees to provide the Services. Consultant may not provide the services
through any independent contractor, subcontractor or subconsultant (“Subcontractor(s)”) unless
approved by the City as set forth in Section 3.7.2.2 below. Consultant represents and warrants
that all personnel who perform the Services on Consultant’s behalf are Consultant’s employees,
and that Consultant complies with all applicable laws, rules and regulations governing its
employees, including, but not limited to, the California Labor Code, Unemployment Insurance
Code and all applicable Industrial Welfare Commission Wage Orders.
3.7.2.2 Prior Approval Required. Consultant shall not use any
Subcontractor to provide the Services, or any portion of the work required by this Agreement,
without prior written approval of City. In the event that City authorizes Consultant to use a
Subcontractor, Consultant shall enter into a written agreement with the Subcontractor, which must
include all provisions of the Agreement, including a restriction on the Subcontractor’s use of
further independent contractors, subcontractors or subconsultants without the City’s prior written
consent.
Page 179 of 440
EXHIBIT A
BB&K (2023) -12- PROFESSIONAL SERVICES AGREEMENT
3.7.3 Delivery of Notices. All notices permitted or required under this Agreement
shall be given to the respective parties at the following address, or at such other address as the
respective parties may provide in writing for this purpose:
Consultant: Pavement Engineering, Inc.
3485 Sacramento Drive, Suite A
San Luis Obispo, CA 93401
ATTN: Joseph L. Ririe, President
joer@pavementengineering.com
Eric Wells, Corporate Secretary
ericw@pavementengineering.com
City: City of Arroyo Grande
300 E. Branch Street
Arroyo Grande, CA 93420
ATTN: Matthew Downing, City Manager
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48)
hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its
applicable address. Actual notice shall be deemed adequate notice on the date actual notice
occurred, regardless of the method of service.
3.7.4 Ownership of Materials and Confidentiality.
3.7.4.1 Documents & Data; Licensing of Intellectual Property. This
Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or
sublicense any and all copyrights, designs, and other intellectual property embodied in plans,
specifications, studies, drawings, estimates, and other documents or works of authorship fixed in
any tangible medium of expression, including but not limited to, physical drawings or data
magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be
prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall
be and remain the property of City, and shall not be used in whole or in substantial part by
Consultant on other projects without the City’s express written permission. Within thirty (30) days
following the completion, suspension, abandonment or termination of this Agreement, Consultant
shall provide to City reproducible copies of all Documents & Data, in a form and amount required
by City. City reserves the right to select the method of document reproduction and to establish
where the reproduction will be accomplished. The reproduction expense shall be borne by City
at the actual cost of duplication. In the event of a dispute regarding the amount of compensation
to which the Consultant is entitled under the termination provisions of this Agreement, Consultant
shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant
shall have no right to retain or fail to provide to City any such documents pending resolution of
the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a
minimum of fifteen (15) years following completion of the Project, and shall make copies available
to City upon the payment of actual reasonable duplication costs. Before destroying the
Documents & Data following this retention period, Consultant shall make a reasonable effort to
notify City and provide City with the opportunity to obtain the documents.
Page 180 of 440
EXHIBIT A
BB&K (2023) -13- PROFESSIONAL SERVICES AGREEMENT
3.7.4.2 Subconsultants. Consultant shall require all subconsultants to
agree in writing that City is granted a non-exclusive and perpetual license for any Documents &
Data the subconsultant prepares under this Agreement. Consultant represents and warrants that
Consultant has the legal right to license any and all Documents & Data. Consultant makes no
such representation and warranty in regard to Documents & Data which were prepared by design
professionals other than Consultant or its subconsultants, or those provided to Consultant by the
City.
3.7.4.3 Right to Use. City shall not be limited in any way in its use or
reuse of the Documents and Data or any part of them at any time for purposes of this Project or
another project, provided that any such use not within the purposes intended by this Agreement
or on a project other than this Project without employing the services of Consultant shall be at
City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project,
it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless
Consultant and its officers, directors, agents and employees from claims arising out of the
negligent use or re-use of the Documents & Data on such other project. Consultant shall be
responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only
with respect to the condition of the Documents & Data at the time they are provided to the City
upon completion, suspension, abandonment or termination. Consultant shall not be responsible
or liable for any revisions to the Documents & Data made by any party other than Co nsultant, a
party for whom the Consultant is legally responsible or liable, or anyone approved by the
Consultant.
3.7.4.4 Indemnification. Consultant shall defend, indemnify and hold the
City, its directors, officials, officers, employees, volunteers and agents f ree and harmless,
pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any
patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person
or entity in consequence of the use on the Project by City of the Documents & Data, including any
method, process, product, or concept specified or depicted.
3.7.4.5 Confidentiality. All ideas, memoranda, specifications, plans,
procedures, drawings, descriptions, computer program data, input record data, written
information, and other Documents & Data either created by or provided to Consultant in
connection with the performance of this Agreement shall be held confidential by Consultant. Such
materials shall not, without the prior written consent of City, be used by Consultant for any
purposes other than the performance of the Services. Nor shall such materials be disclosed to
any person or entity not connected with the performance of the Services or the Project. Nothing
furnished to Consultant which is otherwise known to Consultant or is generally known, or has
become known, to the related industry shall be deemed confidential. Consultant shall not use
City's name or insignia, photographs of the Project, or any publicity pertaining to the Services o r
the Project in any magazine, trade paper, newspaper, television or radio production or other
similar medium without the prior written consent of City.
3.7.5 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be necessary,
appropriate or convenient to attain the purposes of this Agreement.
3.7.6 Entire Agreement. This Agreement contains the entire agreement of the
Parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements.
Page 181 of 440
EXHIBIT A
BB&K (2023) -14- PROFESSIONAL SERVICES AGREEMENT
3.7.7 Attorneys’ Fees. If either party commences an action against the other
party, either legal, administrative or otherwise, arising out of or in connection with this Agreement,
the prevailing party in such litigation shall be entitled to have and recover from the losing party
reasonable attorneys’ fees and all costs of such action.
3.7.8 Governing Law. This Agreement shall be governed by the laws of the State
of California. Venue shall be in San Luis Obispo County. In addition to any and all contract
requirements pertaining to notices of and requests for compensation or payment for extra work,
disputed work, claims and/or changed conditions, Consultant must comply with the claim
procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against
the City. Such Government Code claims and any subsequent lawsuit based upon the
Government Code claims shall be limited to those matters that remain unresolved after all
procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been
followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite
contractual requirements are not otherwise satisfied as specified herein, Consultant shall be
barred from bringing and maintaining a valid lawsuit against the City.
3.7.9 Time of Essence. Time is of the essence for each and every provision of
this Agreement.
3.7.10 City's Right to Employ Other Consultants. City reserves right to employ
other consultants in connection with this Project.
3.7.11 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the parties.
3.7.12 Assignment or Transfer. Consultant shall not assign, sublet, or transfer this
Agreement or any rights under or interest in this Agreement without the written consent of the
City, which may be withheld for any reason. Any attempt to so assign or so transfer without such
consent shall be void and without legal effect and shall constitute grounds for termination.
Consultant shall not subcontract any portion of the Services required by this Agreement, except
as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall
contain a provision making them subject to all provisions stipulated in this Agreement.
3.7.13 Construction; References; Captions. Since the Parties or their agents have
participated fully in the preparation of this Agreement, the language of this Agreement shall be
construed simply, according to its fair meaning, and not strictly for or against any Party. Any term
referencing time, days or period for performance shall be deemed calendar days and not work
days. All references to Consultant include all personnel, employees, agents, and subconsultants
of Consultant, except as otherwise specified in this Agreement. All references to City include its
elected officials, officers, employees, agents, and volunteers except as otherwise specified in this
Agreement. The captions of the various articles and paragraphs are for convenience and ease
of reference only, and do not define, limit, augment, or describe the scope, content, or intent of
this Agreement.
3.7.14 Amendment; Modification. No supplement, modification, or amendment of
this Agreement shall be binding unless executed in writing and signed by both Parties.
3.7.15 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
Page 182 of 440
EXHIBIT A
BB&K (2023) -15- PROFESSIONAL SERVICES AGREEMENT
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel, or otherwise.
3.7.16 No Third-Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.7.17 Invalidity; Severability. If any portion of this Agreement is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions
shall continue in full force and effect.
3.7.18 Prohibited Interests. Consultant maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely
for Consultant, to solicit or secure this Agreement. Consultant warrants that it has not paid nor
has it agreed to pay any company or person, other than a bona fide employee working solely for
Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. Consultant further
agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic
Interest with the City’s Filing Officer as required under state law in the performance of the
Services. For breach or violation of this warranty, City shall have the right to rescind this
Agreement without liability. For the term of this Agreement, no member, officer or employee of
City, during the term of his or her service with City, shall have any direct interest in this Agreement,
or obtain any present or anticipated material benefit arising therefrom.
3.7.19 Authority to Enter Agreement. Consultant has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party
warrants that the individuals who have signed this Agreement have the legal power, right, and
authority to make this Agreement and bind each respective Party.
3.7.20 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.7.21 Survival. All rights and obligations hereunder that by their nature are to
continue after any expiration or termination of this Agreement, including, but not limited to, the
indemnification obligations, shall survive any such expiration or termination.
[SIGNATURES ON NEXT PAGE]
Page 183 of 440
EXHIBIT A
BB&K (2023) -16- PROFESSIONAL SERVICES AGREEMENT
SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF ARROYO GRANDE AND
PAVEMENT ENGINEERING, INC.
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed
on the day and year first above written.
CITY OF ARROYO GRANDE PAVEMENT ENGINEERING, INC.
By:
Its:
Printed Name:
By:
Its:
Printed Name:
Approved By:
Matthew Downing, City Manager
Approved as to Form:
_____________________________________
Best Best & Krieger LLP
Isaac Rosen, City Attorney
Attested By:
Jessica Matson, City Clerk
Page 184 of 440
EXHIBIT A
BB&K (2020) PROFESSIONAL SERVICES AGREEMENT
EXHIBIT "A"
PREDESIGN PROPOSAL
Page 185 of 440
BB&K (2020) PROFESSIONAL SERVICES AGREEMENT
EXHIBIT "B"
COMPENSATION
Page 186 of 440
EXHIBIT A-A
Page 187 of 440
Page 188 of 440
Page 189 of 440
Page 190 of 440
Page 191 of 440
Page 192 of 440
Page 193 of 440
Page 194 of 440
Page 195 of 440
Page 196 of 440
Page 197 of 440
Page 198 of 440
Page 199 of 440
Page 200 of 440
Page 201 of 440
"Exhibit B"
Compensation
Page 202 of 440
Page 203 of 440
REQUEST FOR PROPOSAL
2025 STREET REPAIRS PROJECT
PREDESIGN
DEADLINE FOR PROPOSALS: JULY 1, 2025
ATTACHMENT 2
Page 204 of 440
Request for Proposal – 2025 Street Repair Project Predesign June 2025
2 | Page
Contents
I. INTRODUCTION .............................................................................................. 2
II. SCOPE OF SERVICES .................................................................................... 2
III. SCHEDULE OF EVENTS ................................................................................. 3
IV. PROPOSAL REQUIREMENTS AND PROCESS ............................................. 4
V. FINAL COMMENTS .......................................................................................... 5
I. INTRODUCTION
The City of Arroyo Grande, California (the “City”) was incorporated as a general law City
in 1911 in San Luis Obispo County along the Arroyo Grande Creek. The City covers a
5.45 square mile service area and serves a population of approximately 18,200.
The City maintains over 68 miles of pavement with a current average pavement
condition index (PCI) of 57. The City uses Streetsaver® to manage its street inventory
and maintenance.
Last year, the City passed measure E – 24, a 1% sales tax measure that will be focused
on street and sidewalk maintenance. Following measure passage, City staff developed
a pavement program with the goal of maintaining all City streets within the next 13 years
and achieving its goal of an average PCI of 70. Information regarding the City’s
Pavement Management Program can be found at:
https://www.arroyogrande.org/874/Pavement-Management-Program.
II. SCOPE OF SERVICES
The City is seeking a qualified firm to provide preliminary design services for identified
street locations. These preliminary design services include the following:
• Coring and deflection testing for pavement evaluation.
• Analyzing evaluation results to identify optimum rehabilitation.
• Providing estimated costs based on evaluation.
Task 1 – Project Management/Administration
This work includes a kickoff meeting with City staff and progress meetings at critical
stages. The City anticipates 3 meetings total, preferably in-person.
Task 2 – Pavement Evaluation
This work includes deflection testing in general accordance with California Test Method
356 (CTM 356) at 100-foot maximum intervals in each lane with a minimum of 10 tests
per lane. Coring is to be performed at 500-foot maximum intervals over the street
segment with a minimum of two cores per street segment. The list and maps of streets to
Page 205 of 440
Request for Proposal – 2025 Street Repair Project Predesign June 2025
3 | Page
be evaluated are attached. All are two-lane roads. The approximate length of all streets to
be evaluated is 7.2 miles.
Traffic control is required, using a vehicle with mounted warning lights conforming to
MUTCD Mobile Operations on a Two – Lane Road.
Task 3 – Cost Estimates
After the pavement evaluation is complete, the consultant is to develop preliminary cost
information for each viable option for each street segment and to perform lifecycle cost
analysis to assist the City in selecting the most cost-effective and constructable options
for the project streets. The City has already evaluated curb ramps and will provide the
consultant with locations where curb ramp replacements are required.
City staff is envisioning that all evaluated streets will fall into two categories, one category
requiring overlay and the other category requiring full depth reclamation. The two
categories of streets will be treated as two separate construction projects, with one
project immediately following the other.
Some streets (approximately 2.2 miles) to be considered for inclusion in these
construction projects were evaluated in late 2023. Data from those evaluations will be
provided to the consultant.
Task 4 – Reports (Deliverables)
The consultant shall deliver the following;
1. Draft report for comment and review.
2. Final report.
All written and electronic documents, including but not limited to data compilations,
studies, and reports which are prepared in the performance of this Project, shall remain
the property of City of Arroyo Grande and will be delivered before final payment to the
consultant.
III. SCHEDULE OF EVENTS
The following are the anticipated schedule of events for this project:
Issue RFP .......................................................................... Friday, June 13, 2025
Questions Due ................................................................... Friday, June 20, 2025
Proposals due to the City by 4:00 p.m. .............................. Tuesday, July 1, 2025
Consultant Ranking and Selection ................................... Thursday, July 3, 2025
Finalize Contract Negotiations ..................................... Wednesday, July 9, 2025
City Council Awards Contract .......................................... Tuesday, July 22, 2025
Page 206 of 440
Request for Proposal – 2025 Street Repair Project Predesign June 2025
4 | Page
IV. PROPOSAL REQUIREMENTS AND PROCESS
A. FORM AND CONTENT OF TECHNICAL PROPOSAL
The Proposal shall be limited to 8 pages, with the exception of resumes and
project lists, and include as a minimum the following:
1. Scope of Services
• Present your understanding and Scope of Services for the project.
2. Schedule
• Include a performance schedule for each stage of the project detailing
the length of time for completion of each task as defined in the Scope
of Services.
• Include milestone dates and processing time for review by the City.
3. Personnel
• Identify and define the experience of the Project Manager and provide
their individual resume. The designated Project Manager shall be the
primary contact with the City during the contract period and shall
function in that capacity while employed by the firm.
• Identify the individual(s) responsible for each service, or subconsultant,
and provide their individual resume(s).
4. References
• Provide three municipal references for projects of similar scope and
nature performed within the last five years.
• List the client’s name, address, and a description of the tasks
performed. Include the name and telephone number of the client’s key
contact on the project.
5. Cost Summary
• Identify the proposed basis for fees and charges as appropriate with
hourly rates of individuals that could be assigned. The fee will be
submitted in a format to include a separate cost of each of the tasks
and sub-tasks listed above. The actual fee will be negotiated after
selection of the successful applicant. The City also reserves the right
to eliminate individual tasks or sub-tasks due to budgetary constraints.
6. Signature
• The proposal shall be signed by an official authorized to bind the firm
and shall contain a statement to the effect that the proposal is valid for
ninety (90) days.
Page 207 of 440
Request for Proposal – 2025 Street Repair Project Predesign June 2025
5 | Page
7. Submittal Requirements
Three copies of the complete proposal shall be submitted in a sealed
envelope with the firm’s name printed on the outside clearly marked with
the words “Proposal for 2025 Street Repair Project Predesign”. Proposals
received after the deadline will not be considered. Hand deliver or mail the
proposal to ensure receipt on or before 4:00 PM, Tuesday, July 1, 2025,
to:
City of Arroyo Grande, Attn: Shannon Sweeney, City Engineer
1375 Ash Street
Arroyo Grande, CA 93420
B. REQUESTS FOR INFORMATION
The selected consultant shall formally submit clarifications or requests for
additional documentation via email to ssweeney@arroyogrande.org by June 20,
2025. Requests for information submitted after June 20, 2025, will not be
answered. The City shall provide a written response to all known potential
consultants within five (5) working days.
C. SELECTION PROCESS AND EVALUATION CRITERIA
Each proposal will be reviewed by a Selection Committee to determine if the
minimum proposal requirements are met. The City of Arroyo Grande may reject
any proposal that fails to meet the requirements set forth in this RFP. Proposals
meeting the RFP requirements will be evaluated and ranked by the Selection
Committee utilizing the following criteria:
• Understanding of the work to be performed
• Experience with similar assignments
• Assigned Project Manager/team
• Ability to complete the project on schedule
• Overall value to the City
V. FINAL COMMENTS
The City reserves the right to reject any and all proposals, cancel all or part of this RFP,
waive any minor irregularities and to request additional information from proposing
consultants. By requesting proposals, the City is in no way obligated to award a contract
or pay expenses of the proposing consultants in connection with the preparation or
submission of a proposal.
The decision to award a contract will be based many factors including but not limited to
service, cost, experience, and innovation. No single factor, such as cost, will determine
the final decision to award.
We appreciate the efforts all the consultants and their respective staffs have put forth in
responding to the Request for Proposal.
Page 208 of 440
Request for Proposal – 2025 Street Repair Project Predesign June 2025
6 | Page
ATTACHMENT A – STREETS TO BE EVALUATED
Deflection testing to determine treatment needed: Length,
feet
Huasna Road, Corbett Canyon to Pearwood
4,190
Corral Place, Corbett Canyon (Cul de Sac)
660
Vard Loomis Lane, Huasna Road (Cul-de-Sac)
800
Ikeda Way, Huasna Road to Vard Loomis Lane
470
Vard Loomis Court, Vard Loomis Lane (Cul-de-Sac)
145
Callie Court, Huasna Road (Cul-de-Sac)
235
Branch Mill Road, E Cherry to first culvert
620
Via Berros, Valley Road to City Limit
455
Tiger Tail Drive, Valley Rd (Cul-De-Sac)
915
Mesa Drive, Tiger Tail Drive (Cul-De-Sac)
1,020
Bambi Court, Tiger Tail Drive (Cul-de-Sac)
400
Corbett Canyon, Huasna to 227
3,930
Linda Drive, Oceanview School to N. Elm St
180
Newport Avenue Frontage, Courtland St South of Newport
1,030
Newport Avenue, Courtland St to Montego Street
1,080
Courtland, Newport to Brighton
550
Chilton Avenue, Oak Park Boulevard to Robles Road
1,500
Hillcrest Drive,Montego to ECR
1,244
Sierra Drive, Oak Park Boulevard to Hillcrest Drive
2,187
Linda Drive, Brisco Road to Montego Street
950
Rodeo Drive, West Branch to James Way
5,560
Page 209 of 440
Request for Proposal – 2025 Street Repair Project Predesign June 2025
7 | Page
Rena, Dodson Way to E Grand Avenue
1,280
Trinity Avenue, Traffic Way to end of street
850
PC Railway Place, Allen Street to end
335
Cross Street, Ide Street to Allen Street
660
Short Street, Poole Street to Nelson Street
470
Hawkins Court, Cross Street (Cul-De-Sac)
133
Vernon Street, W Branch to end
470
Wesley Street, E Branch to end
350
Sandalwood Ave, Alder Street to Halcyon Road (South)
580
Cameron Ct, Alder Street to Halcyon Road (South)
562
Alder St, Farroll Avenue to Cameron Court
690
Wood Place, Dodson
650
Eman Ct, Alpine St
480
Newman Dr, Alpine St
560
Cerro Vista Ln, Alpine St to Cerro Vista Cir
550
Taylor Pl, Alpine St
657
Cerro Vista Cir, Cerro Vista Lane to Gate
715
Total feet
38,113
Total miles
7.22
Page 210 of 440
Page 211 of 440
Page 212 of 440
Page 213 of 440
Page 214 of 440
Page 215 of 440
Page 216 of 440
Page 217 of 440
Page 218 of 440
Request for Proposal – 2025 Street Repair Project Predesign June 2025
16 | Page
ATTACHMENT B - SAMPLE CITY CONTRACT
CITY OF ARROYO GRANDE
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this _____ day of ________, 20___, by and
between the City of Arroyo Grande, a municipal corporation organized under the laws of
the State of California with its principal place of business at 300 E. Branch Street,
Arroyo Grande, California 93420, County of San Luis Obispo, State of California ("City")
and [***INSERT NAME OF COMPANY], a [INSERT TYPE OF BUSINESS; I.E.,
CORPORATION (INCLUDE STATE OF INCORPORATION), LIMITED LIABILITY
COMPANY, SOLE PROPRIETORSHIP, ETC.***], with its principal place of business at
[***INSERT ADDRESS***] ("Consultant"). City and Consultant are sometimes
individually referred to herein as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain
professional services required by the City on the terms and conditions set forth in this
Agreement. Consultant represents that it is experienced in providing [***INSERT
TYPE***] services to public clients, is licensed in the State of California, and is familiar
with the plans of City.
2.2 Project.
City desires to engage Consultant to render such professional services for the
[***INSERT NAME OF PROJECT, AND CONTRACT NUMBER, IF APPLICABLE***]
project ("Project") as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to
the City all labor, materials, tools, equipment, services, and incidental and customary work
necessary to fully and adequately supply the professional [***INSERT TYPE***] consulting
services necessary for the Project ("Services"). The Services are more particularly described in
Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject
to, and performed in accordance with, this Agreement, the exhibits attached hereto and
incorporated herein by reference, and all applicable local, state and federal laws, rules and
regulations.
3.1.2 Term. The term of this Agreement shall be from [***INSERT DATE***] to
[***INSERT DATE***], unless earlier terminated as provided herein. [***INSERT THE
FOLLOWING SENTENCE FOR MULTI-YEAR, AUTOMATIC RENEWAL NOT TO EXCEED
THREE CONSECUTIVE YEARS; OTHERWISE, ALWAYS DELETE: The City shall have the
unilateral option, at its sole discretion, to renew this Agreement automatically for no more than
Page 219 of 440
Request for Proposal – 2025 Street Repair Project Predesign June 2025
17 | Page
[INSERT NUMBER] additional one-year terms.***] Consultant shall complete the Services within
the term of this Agreement, and shall meet any other established schedules and deadlines. The
Parties may, by mutual, written consent, extend the term of this Agreement if necessary to
complete the Services.
3.2 Compensation.
3.2.1 Compensation. Consultant shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates set forth
in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation
shall not exceed [***INSERT AMOUNT WRITTEN OUT] ($[***INSERT NUMBER]) without
written approval of the City Council or City Manager, as applicable. Extra Work may be
authorized, as described below, and if authorized, will be compensated at the rates and manner
set forth in this Agreement.
3.2.2 Payment of Compensation. Consultant shall submit to City a monthly
invoice which indicates work completed and hours of Services rendered by Consultant. The
invoice shall describe the amount of Services provided since the initial commencement date, or
since the start of the subsequent billing periods, as appropriate, through the date of the invoice.
City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed
and approved charges. If the City disputes any of Consultant's fees, the City shall give written
notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth
therein. Payment shall not constitute acceptance of any Services completed by Consultant.
The making of final payment shall not constitute a waiver of any claims by the City for any
reason whatsoever.
3.2.3 Reimbursement for Expenses. Consultant shall not be reimbursed for
any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.
3.2.4 Extra Work. At any time during the term of this Agreement, City may
request that Consultant perform Extra Work. As used herein, "Extra Work" means any work
which is determined by City to be necessary for the proper completion of the Project, but which
the Parties did not reasonably anticipate would be necessary at the execution of this
Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written
authorization from the City.
3.3 Responsibilities of Consultant.
3.3.1 Independent Contractor; Control and Payment of Subordinates. The
Services shall be performed by Consultant or under its supervision. Consultant will determine
the means, methods and details of performing the Services subject to the requirements of this
Agreement. City retains Consultant on an independent contractor basis and not as an
employee. Any personnel performing the Services on behalf of Consultant shall not be
employees of City and shall at all times be under Consultant's exclusive direction and control.
Neither City, or any of its officials, officers, directors, employees or agents shall have control
over the conduct of Consultant or any of Consultants officers, employees or agents, except as
set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due
such personnel in connection with their performance of Services under this Agreement and as
required by law. Consultant shall be responsible for all reports and obligations respecting such
additional personnel, including, but not limited to: social security taxes, income tax withholding,
Page 220 of 440
Request for Proposal – 2025 Street Repair Project Predesign June 2025
18 | Page
unemployment insurance, disability insurance, and workers' compensation insurance.
3.3.2 Schedule of Services. Consultant shall perform the Services in a prompt
and timely manner and in accordance with the Schedule of Services set forth in Exhibit "B"
attached hereto and incorporated herein by reference. Consultant represents that it has the
professional and technical personnel required to perform the Services expeditiously. Upon
request of City, Consultant shall provide a more detailed schedule of anticipated performance to
meet the Schedule of Services.
3.3.3 Conformance to Applicable Requirements. All work prepared by
Consultant shall be subject to the approval of City.
3.3.4 Substitution of Key Personnel. Consultant has represented to City that
certain key personnel will perform and coordinate the Services under this Agreement. Should
one or more of such personnel become unavailable, Consultant may substitute other personnel
of at least equal competence upon written approval of City. In the event that City and
Consultant cannot agree as to the substitution of key personnel, City shall be entitled to
terminate this Agreement for cause. The key personnel for performance of this Agreement are
as follows: [***INSERT NAME AND TITLE***].
3.3.5 City's Representative. The City hereby designates [***INSERT NAME
AND TITLE***], or his/her designee, to act as its representative in all matters pertaining to the
administration and performance of this Agreement ("City's Representative"). City's
Representative shall have the power to act on behalf of the City for review and approval of all
products submitted by Consultant but not the authority to enlarge the Scope of Services or
change the total compensation due to Consultant under this Agreement. The City Manager
shall be authorized to act on City's behalf and to execute all necessary documents which
enlarge the Scope of Services or change the Consultant's total compensation subject to the
provisions contained in this Agreement. Consultant shall not accept direction or orders from any
person other than the City Manager, City's Representative or his/her designee.
3.3.6 Consultant's Representative. Consultant hereby designates [***INSERT
NAME AND TITLE***], or his/her designee, to act as its representative for the performance of
this Agreement ("Consultant's Representative"). Consultant's Representative shall have full
authority to represent and act on behalf of the Consultant for all purposes under this Agreement.
The Consultant's Representative shall supervise and direct the Services, using his/her best skill
and attention, and shall be responsible for all means, methods, techniques, sequences, and
procedures and for the satisfactory coordination of all portions of the Services under this
Agreement.
3.3.7 Coordination of Services. Consultant agrees to work closely with City
staff in the performance of Services and shall be available to City's staff, consultants and other
staff at all reasonable times.
3.3.8 Standard of Care; Performance of Employees. Consultant shall perform
all Services under this Agreement in a skillful and competent manner, consistent with the
standards generally recognized as being employed by professionals in the same discipline in
the State of California. Consultant represents and maintains that it is skilled in the professional
calling necessary to perform the Services. Consultant warrants that all employees and
subconsultants shall have sufficient skill and experience to perform the Services assigned to
Page 221 of 440
Request for Proposal – 2025 Street Repair Project Predesign June 2025
19 | Page
them. Consultant represents that it, its employees and subconsultants have all licenses,
permits, qualifications and approvals of whatever nature that are legally required to perform the
Services, and that such licenses and approvals shall be maintained throughout the term of this
Agreement. Consultant shall perform, at its own cost and expense and without reimbursement
from the City, any services necessary to correct errors or omissions which are caused by the
Consultant's failure to comply with the standard of care provided for herein. Any employee of
the Consultant or its subconsultants who is determined by the City to be uncooperative,
incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety
of persons or property, or any employee who fails or refuses to perform the Services in a
manner acceptable to the City, shall be promptly removed from the Project by the Consultant
and shall not be re-employed to perform any of the Services or to work on the Project.
3.3.9 Period of Performance.
3.3.9.1 Consultant shall perform and complete all Services under this
Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant
shall also perform the Services in strict accordance with any completion schedule or Project
milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed
upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if
the Services are not completed within the aforementioned Performance Time and/or pursuant to
any such Performance Milestones developed pursuant to provisions of this Agreement, it is
understood, acknowledged and agreed that the City will suffer damage.
3.3.9.2 Neither City nor Consultant shall be considered in default of
this Agreement for delays in performance caused by circumstances beyond the reasonable
control of the non-performing Party. For purposes of this Agreement, such circumstances
include a Force Majeure Event. A Force Majeure Event shall mean an event that materially
affects a Party’s performance and is one or more of the following: (1) Acts of God or other
natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental
authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance
of permits or approvals by governmental authorities that are required for the services); (4)
strikes and other organized labor action occurring at the site and the effects thereof on the
services, only to the extent such strikes and other organized labor action are beyond the control
of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by
use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For
purposes of this section, “orders of governmental authorities,” includes ordinances, emergency
proclamations and orders, rules to protect the public health, welfare and safety, and other
actions of a public agency applicable to the services and Agreement.
3.3.9.3 Should a Force Majeure Event occur, the non-performing Party
shall, within a reasonable time of being prevented from performing, give written notice to the
other Party describing the circumstances preventing continued performance and the efforts
being made to resume performance of this Agreement. Force Majeure Events and/or delays,
regardless of the Party responsible for the delay, shall not entitle Consultant to any additional
compensation. Notwithstanding the foregoing in this section, the City may still terminate this
Agreement in accordance with the termination provisions of this Agreement.
3.3.10 Laws and Regulations; Employee/Labor Certification.
Page 222 of 440
Request for Proposal – 2025 Street Repair Project Predesign June 2025
20 | Page
3.3.10.1 Compliance with Laws. Consultant shall keep itself fully
informed of and in compliance with all local, state and federal laws, rules and regulations in any
manner affecting the performance of the Project or the Services, including all Cal/OSHA
requirements, and shall give all notices required by law. Consultant shall be liable for all
violations of such laws and regulations in connection with the Services and this Agreement. All
violations of such laws and regulations shall be grounds for the City to terminate the Agreement
for cause.
3.3.10.2 Employment Eligibility; Consultant. Consultant certifies that it
fully complies with all requirements and restrictions of state and federal law respecting the
employment of undocumented aliens, including, but not limited to, the Immigration Reform and
Control Act of 1986, as may be amended from time to time and shall require all subconsultants
and sub-subconsultants to comply with the same. Consultant certifies that it has not committed
a violation of any such law within the five (5) years immediately preceding the date of execution
of this Agreement, and shall not violate any such law at any time during the term of the
Agreement.
3.3.10.3 Equal Opportunity Employment. Consultant represents that it
is an equal opportunity employer and it shall not discriminate against any subconsultant,
employee or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities
related to initial employment, upgrading, demotion, transfer, recruitment or recruitment
advertising, layoff or termination. Consultant shall also comply with all relevant provisions of
City's Minority Business Enterprise program, Affirmative Action Plan or other related programs
or guidelines currently in effect or hereinafter enacted.
3.3.10.4 Air Quality. To the extent applicable, Consultant must fully
comply with all applicable laws, rules and regulations in furnishing or using equipment and/or
providing services, including, but not limited to, emissions limits and permitting requirements
imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air
Resources Board (CARB). Consultant shall indemnify City against any fines or penalties
imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of
applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom
Consultant is responsible under its indemnity obligations provided for in this Agreement.
3.3.10.5 Water Quality Management and Compliance. Consultant shall
keep itself and all subcontractors, staff, and employees fully informed of and in compliance with
all local, state and federal laws, rules and regulations that may impact, or be implicated by the
performance of the Services including, without limitation, all applicable provisions of the City’s
ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33
U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code
§ 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such
authority. Consultant must additionally comply with the lawful requirements of the City, and any
other municipality, drainage district, or other local agency with jurisdiction over the location
where the Services are to be conducted, regulating water quality and storm water discharges.
City may seek damages from Consultant for delay in completing the Services caused by
Consultant’s failure to comply with the laws, regulations and policies described in this Section,
or any other relevant water quality law, regulation, or policy.
Page 223 of 440
Request for Proposal – 2025 Street Repair Project Predesign June 2025
21 | Page
3.3.10.6 Safety. Consultant shall execute and maintain its work so as to
avoid injury or damage to any person or property. In carrying out its Services, the Consultant
shall at all times be in compliance with all applicable local, state and federal laws, rules and
regulations, and shall exercise all necessary precautions for the safety of employees
appropriate to the nature of the work and the conditions under which the work is to be
performed.
3.3.11 Insurance.
3.3.11.1 Time for Compliance. Consultant shall not commence work
under this Agreement until it has provided evidence satisfactory to the City that it has secured
all insurance required under this section. In addition, Consultant shall not allow any
subconsultant to commence work on any subcontract until it has provided evidence satisfactory
to the City that the subconsultant has secured all insurance required under this section. Failure
to provide and maintain all required insurance shall be grounds for the City to terminate this
Agreement for cause.
3.3.11.2 Types of Insurance Required. As a condition precedent to the
effectiveness of this Agreement for work to be performed hereunder, and without limiting the
indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations
under such Agreement, shall procure and maintain in full force and effect during the term of the
Agreement the following policies of insurance. If the existing policies do not meet the insurance
requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies
to do so.
(A) Commercial General Liability: Commercial General
Liability Insurance which affords coverage at least as broad as Insurance Services Office
"occurrence" form CG 00 01, or the exact equivalent, with limits of not less than $1,000,000 per
occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid
in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting
coverage for contractual liability; (2) excluding coverage for claims or suits by one insured
against another (cross-liability); (3) products/completed operations liability; or (4) containing any
other exclusion(s) contrary to the terms or purposes of this Agreement.
(B) Automobile Liability Insurance: Automobile Liability
Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01
covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property
damage for all activities with limits of not less than $1,000,000 combined limit for each
occurrence.
(C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit
of not less than $1,000,000 per accident for bodily injury and disease.
(D) Professional Liability (Errors & Omissions): [***INCLUDE
ONLY IF APPLICABLE; DELETE OTHERWISE***]Professional Liability insurance or Errors &
Omissions insurance appropriate to Consultant’s profession with limits of not less than
$1,000,000. Covered professional services shall specifically include all work to be performed
under the Agreement and delete any exclusions that may potentially affect the work to be
performed (for example, any exclusions relating to lead, asbestos, pollution, testing,
Page 224 of 440
Request for Proposal – 2025 Street Repair Project Predesign June 2025
22 | Page
underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a
claims-made basis, the retroactive date shall precede the effective date of the initial Agreement
and continuous coverage will be maintained or an extended reporting period will be exercised
for a period of at least five (5) years from termination or expiration of this Agreement.
3.3.11.3 Insurance Endorsements. Required insurance policies shall
contain the following provisions, or Consultant shall provide endorsements on forms approved
by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability: (1) Additional Insured: The
City, its officials, officers, employees, agents, and volunteers shall be additional insureds with
regard to liability and defense of suits or claims arising out of the performance of the
Agreement. Additional Insured Endorsements shall not (1) be restricted to "ongoing
operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of
Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this
Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide
endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing
the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance
policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of
cancellation has been served upon the City except ten (10) days shall be allowed for non-
payment of premium.
(B) Automobile Liability. (1) Cancellation: Required insurance
policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of
cancellation has been served upon the City except ten (10) days shall be allowed for non-
payment of premium.
(C) Professional Liability (Errors & Omissions): [***INCLUDE
ONLY IF APPLICABLE; DELETE OTHERWISE***](1) Cancellation: Required insurance
policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of
cancellation has been served upon the City except ten (10) days shall be allowed for non-
payment of premium. (2) Contractual Liability Exclusion Deleted: This insurance shall include
contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured
and include a provision establishing the insurer’s duty to defend.
(D) Workers' Compensation: (1) Cancellation: Required
insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written
notice of cancellation has been served upon the City except ten (10) days shall be allowed for
non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the
insurer waives all rights of subrogation against the City, its officials, officers, employees, agents,
and volunteers.
3.3.11.4 Primary and Non-Contributing Insurance. All policies of
Commercial General Liability and Automobile Liability insurance shall be primary and any other
insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees,
agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or
be endorsed to contain such provisions.
3.3.11.5 Waiver of Subrogation. All required insurance coverages,
except for the professional liability coverage, shall contain or be endorsed to waiver of
Page 225 of 440
Request for Proposal – 2025 Street Repair Project Predesign June 2025
23 | Page
subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall
specifically allow Consultant or others providing insurance evidence in compliance with these
specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own
right of recovery against City, and shall require similar written express waivers and insurance
clauses from each of its subconsultants.
3.3.11.6 Deductibles and Self-Insured Retentions. Any deductible or
self-insured retention must be approved in writing by the City and shall protect the City, its
officials, officers, employees, agents, and volunteers in the same manner and to the same
extent as they would have been protected had the policy or policies not contained a deductible
or self-insured retention.
3.3.11.7 Evidence of Insurance. The Consultant, concurrently with the
execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall
deliver either certified copies of the required policies, or original certificates on forms approved
by the City, together with all endorsements affecting each policy. Required insurance policies
shall not be in compliance if they include any limiting provision or endorsement that has not
been submitted to the City for approval. The certificates and endorsements for each insurance
policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At
least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing
that such insurance coverage has been renewed or extended shall be filed with the City. If such
coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the
required coverage, Consultant shall, within ten (10) days after receipt of written notice of such
cancellation or reduction of coverage, file with the City evidence of insurance showing that the
required insurance has been reinstated or has been provided through another insurance
company or companies.
3.3.11.8 Acceptability of Insurers. Each such policy shall be from a
company or companies with a current A.M. Best's rating of no less than A:VII and authorized to
transact business of insurance in the State of California, or otherwise allowed to place insurance
through surplus line brokers under applicable provisions of the California Insurance Code or any
federal law.
3.3.11.9 Enforcement of Agreement Provisions (non estoppel).
Consultant acknowledges and agrees that actual or alleged failure on the part of the City to
inform Consultant of non-compliance with any requirement imposes no additional obligation on
the City nor does it waive any rights hereunder.
3.3.11.10 Requirements Not Limiting. Requirement of specific coverage
or minimum limits contained in this Section are not intended as a limitation on coverage, limits,
or other requirement, or a waiver of any coverage normally provided by any insurance.
3.3.11.11 Additional Insurance Provisions
(A) The foregoing requirements as to the types and limits of
insurance coverage to be maintained by Consultant, and any approval of said insurance by the
City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations
otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to,
the provisions concerning indemnification.
Page 226 of 440
Request for Proposal – 2025 Street Repair Project Predesign June 2025
24 | Page
(B) If at any time during the life of the Agreement, 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 Consultant or City will
withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City
may cancel this Agreement.
(C) The City may require the Consultant to provide complete
copies of all insurance policies in effect for the duration of the Project.
(D) Neither the City nor any of its officials, officers, employees,
agents or volunteers shall be personally responsible for any liability arising under or by virtue of
this Agreement.
(E) The limits set forth herein shall apply separately to each
insured against whom claims are made or suits are brought, except with respect to the limits of
liability. Further the limits set forth herein shall not be construed to relieve the Consultant from
liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations
to the City and shall not preclude the City from taking such other actions available to the City
under other provisions of the Agreement or law.
(F) Consultant shall report to the City, in addition to
Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with
the Services under this Agreement.
3.3.11.12 Insurance for Subconsultants. Consultant shall include all
subconsultants engaged in any work for Consultant relating to this Agreement as additional
insureds under the Consultant's policies, or the Consultant shall be responsible for causing
subconsultants to purchase the appropriate insurance in compliance with the terms of these
Insurance Requirements, including adding the City, its officials, officers, employees, agents, and
volunteers as additional insureds to the subconsultant's policies. All policies of Commercial
General Liability insurance provided by Consultant’s subconsultants performing work relating to
this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and
volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an
endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to
commence work on any subcontract relating to this Agreement until it has received satisfactory
evidence of subconsultant’s compliance with all insurance requirements under this Agreement,
to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with
this section upon request of the City.
3.4 Labor Code Requirements.
3.4.1 Prevailing Wages. Consultant is aware of the requirements of California
Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations,
Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of
prevailing wage rates and the performance of other requirements on "public works" and
"maintenance" projects. If the Services are being performed as part of an applicable "public
works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total
compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage
Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in
Page 227 of 440
Request for Proposal – 2025 Street Repair Project Predesign June 2025
25 | Page
effect at the commencement of this Agreement. Consultant shall make copies of the prevailing
rates of per diem wages for each craft, classification or type of worker needed to execute the
Services available to interested parties upon request, and shall post copies at the Consultant's
principal place of business and at the project site. It is the intent of the parties to effectuate the
requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code
within this Agreement, and Consultant shall therefore comply with such Labor Code sections to
the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its
officials, officers, employees, agents, and volunteers free and harmless from any claim or
liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4.2 Registration/DIR Compliance. If the Services are being performed on a
public works project of over $25,000 when the project is for construction, alteration, demolition,
installation, or repair work, or a public works project of over $15,000 when the project is for
maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5
and 1771.1, the Consultant and all subconsultants must be registered with the Department of
Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project
and require the same of any subconsultants.
3.4.3 Compliance Monitoring. This Project may also be subject to compliance
monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply
with all applicable registration and labor compliance requirements, including the submission of
payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any
subconsultant that affect Consultant’s performance of services, including any delay, shall be
Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall
be considered Consultant caused delay and shall not be compensable by the City. Consultant
shall defend, indemnify and hold the City, its officials, officers, employees and agents free and
harmless from any claim or liability arising out of stop orders issued by the DIR against
Consultant or any subconsultant.
3.4.4 Labor Certification. By its signature hereunder, Consultant certifies that it
is aware of the provisions of Section 3700 of the California Labor Code which require every
employer to be insured against liability for Worker's Compensation or to undertake self-
insurance in accordance with the provisions of that Code, and agrees to comply with such
provisions before commencing the performance of the Services.
3.5 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to
Consultant, terminate the whole or any part of this Agreement at any time and without cause by
giving written notice to Consultant of such termination, and specifying the effective date thereof,
at least seven (7) days before the effective date of such termination. Upon termination,
Consultant shall be compensated only for those Services which have been adequately rendered
to City, and Consultant shall be entitled to no further compensation. Consultant may not
terminate this Agreement except for cause. The rights and remedies of the City provided in this
section shall not be exclusive and are in addition to any other rights and remedies provided by
law, equity or under this Agreement.
3.5.1.2 Effect of Termination. If this Agreement is terminated as
provided herein, City may require Consultant to provide all finished or unfinished Documents
and Data and other information of any kind prepared by Consultant in connection with the
Page 228 of 440
Request for Proposal – 2025 Street Repair Project Predesign June 2025
26 | Page
performance of Services under this Agreement. Consultant shall be required to provide such
document and other information within fifteen (15) days of the request.
3.5.1.3 Additional Services. In the event this Agreement is terminated
in whole or in part as provided herein, City may procure, upon such terms and in such manner
as it may determine appropriate, services similar to those terminated.
3.6 Indemnification.
3.6.1 To the fullest extent permitted by law, Consultant shall defend (with
counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees,
volunteers, and agents free and harmless from any and all claims, demands, causes of action,
costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or
persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any
acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees,
subcontractors, consultants or agents in connection with the performance of the Consultant’s
Services, the Project or this Agreement, including without limitation the payment of all damages,
expert witness fees and attorney’s fees and other related costs and expenses except such loss
or damage caused by the sole negligence or willful misconduct of the City. Consultant's
obligation to indemnify shall survive expiration or termination of this Agreement and shall not be
restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers,
employees, agents, or volunteers.
3.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless
arises out of Consultant’s performance as a “design professional” (as that term is defined under
Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8,
which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to
claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of
competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not
exceed the Consultant’s proportionate percentage of fault.
3.7 General Provisions.
3.7.1 Accounting Records. Consultant shall maintain complete and accurate
records with respect to all costs and expenses incurred under this Agreement. All such records
shall be clearly identifiable. Consultant shall allow a representative of City during normal
business hours to examine, audit, and make transcripts or copies of such records and any other
documents created pursuant to this Agreement. Consultant shall allow inspection of all work,
data, documents, proceedings, and activities related to the Agreement for a period of three (3)
years from the date of final payment under this Agreement.
3.7.2 Independent Contractors and Subcontracting.
3.7.2.1 Use of Consultants. Consultant is aware of statutory and case
law regarding classification of workers as independent contractors, including California Labor
Code Section 2750.3 and Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903
(2018). To ensure that Consultant is in compliance with the California Labor Code, Consultant
shall only utilize its employees to provide the Services. Consultant may not provide the services
through any independent contractor, subcontractor or subconsultant (“Subcontractor(s)”) unless
Page 229 of 440
Request for Proposal – 2025 Street Repair Project Predesign June 2025
27 | Page
approved by the City as set forth in Section 3.7.2.2 below. Consultant represents and warrants
that all personnel who perform the Services on Consultant’s behalf are Consultant’s employees,
and that Consultant complies with all applicable laws, rules and regulations governing its
employees, including, but not limited to, the California Labor Code, Unemployment Insurance
Code and all applicable Industrial Welfare Commission Wage Orders.
3.7.2.2 Prior Approval Required. Consultant shall not use any
Subcontractor to provide the Services, or any portion of the work required by this Agreement,
without prior written approval of City. In the event that City authorizes Consultant to use a
Subcontractor, Consultant shall enter into a written agreement with the Subcontractor, which
must include all provisions of the Agreement, including a restriction on the Subcontractor’s use
of further independent contractors, subcontractors or subconsultants without the City’s prior
written consent.
3.7.3 Delivery of Notices. All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such other
address as the respective parties may provide in writing for this purpose:
Consultant: [***INSERT BUSINESS NAME***]
[***INSERT STREET ADDRESS***]
[***INSERT CITY STATE ZIP***]
ATTN: [***INSERT NAME AND TITLE***]
City: City of Arroyo Grande
300 E. Branch Street
Arroyo Grande, CA 93420
ATTN: Shane Taylor, Utilities Manager
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48)
hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its
applicable address. Actual notice shall be deemed adequate notice on the date actual notice
occurred, regardless of the method of service.
3.7.4 Ownership of Materials and Confidentiality.
3.7.4.1 Documents & Data; Licensing of Intellectual Property. This
Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse,
or sublicense any and all copyrights, designs, and other intellectual property embodied in plans,
specifications, studies, drawings, estimates, and other documents or works of authorship fixed
in any tangible medium of expression, including but not limited to, physical drawings or data
magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be
prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data
shall be and remain the property of City, and shall not be used in whole or in substantial part by
Consultant on other projects without the City’s express written permission. Within thirty (30)
days following the completion, suspension, abandonment or termination of this Agreement,
Consultant shall provide to City reproducible copies of all Documents & Data, in a form and
amount required by City. City reserves the right to select the method of document reproduction
and to establish where the reproduction will be accomplished. The reproduction expense shall
be borne by City at the actual cost of duplication. In the event of a dispute regarding the
amount of compensation to which the Consultant is entitled under the termination provisions of
Page 230 of 440
Request for Proposal – 2025 Street Repair Project Predesign June 2025
28 | Page
this Agreement, Consultant shall provide all Documents & Data to City upon payment of the
undisputed amount. Consultant shall have no right to retain or fail to provide to City any such
documents pending resolution of the dispute. In addition, Consultant shall retain copies of all
Documents & Data on file for a minimum of fifteen (15) years following completion of the
Project, and shall make copies available to City upon the payment of actual reasonable
duplication costs. Before destroying the Documents & Data following this retention period,
Consultant shall make a reasonable effort to notify City and provide City with the opportunity to
obtain the documents.
3.7.4.2 Subconsultants. Consultant shall require all subconsultants to
agree in writing that City is granted a non-exclusive and perpetual license for any Documents &
Data the subconsultant prepares under this Agreement. Consultant represents and warrants
that Consultant has the legal right to license any and all Documents & Data. Consultant makes
no such representation and warranty in regard to Documents & Data which were prepared by
design professionals other than Consultant or its subconsultants, or those provided to
Consultant by the City.
3.7.4.3 Right to Use. City shall not be limited in any way in its use or
reuse of the Documents and Data or any part of them at any time for purposes of this Project or
another project, provided that any such use not within the purposes intended by this Agreement
or on a project other than this Project without employing the services of Consultant shall be at
City’s sole risk. If City uses or reuses the Documents & Data on any project other than this
Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and
hold harmless Consultant and its officers, directors, agents and employees from claims arising
out of the negligent use or re-use of the Documents & Data on such other project. Consultant
shall be responsible and liable for its Documents & Data, pursuant to the terms of this
Agreement, only with respect to the condition of the Documents & Data at the time they are
provided to the City upon completion, suspension, abandonment or termination. Consultant
shall not be responsible or liable for any revisions to the Documents & Data made by any party
other than Consultant, a party for whom the Consultant is legally responsible or liable, or
anyone approved by the Consultant.
3.7.4.4 Indemnification. Consultant shall defend, indemnify and hold
the City, its directors, officials, officers, employees, volunteers and agents free and harmless,
pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any
patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any
person or entity in consequence of the use on the Project by City of the Documents & Data,
including any method, process, product, or concept specified or depicted.
3.7.4.5 Confidentiality. All ideas, memoranda, specifications, plans,
procedures, drawings, descriptions, computer program data, input record data, written
information, and other Documents & Data either created by or provided to Consultant in
connection with the performance of this Agreement shall be held confidential by Consultant.
Such materials shall not, without the prior written consent of City, be used by Consultant for any
purposes other than the performance of the Services. Nor shall such materials be disclosed to
any person or entity not connected with the performance of the Services or the Project. Nothing
furnished to Consultant which is otherwise known to Consultant or is generally known, or has
become known, to the related industry shall be deemed confidential. Consultant shall not use
City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or
Page 231 of 440
Request for Proposal – 2025 Street Repair Project Predesign June 2025
29 | Page
the Project in any magazine, trade paper, newspaper, television or radio production or other
similar medium without the prior written consent of City.
3.7.5 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be
necessary, appropriate or convenient to attain the purposes of this Agreement.
3.7.6 Entire Agreement. This Agreement contains the entire agreement of the
Parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements.
3.7.7 Attorneys’ Fees. If either party commences an action against the other
party, either legal, administrative or otherwise, arising out of or in connection with this
Agreement, the prevailing party in such litigation shall be entitled to have and recover from the
losing party reasonable attorneys’ fees and all costs of such action.
3.7.8 Governing Law. This Agreement shall be governed by the laws of the
State of California. Venue shall be in San Luis Obispo County. In addition to any and all
contract requirements pertaining to notices of and requests for compensation or payment for
extra work, disputed work, claims and/or changed conditions, Consultant must comply with the
claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit
against the City. Such Government Code claims and any subsequent lawsuit based upon the
Government Code claims shall be limited to those matters that remain unresolved after all
procedures pertaining to extra work, disputed work, claims, and/or changed conditions have
been followed by Consultant. If no such Government Code claim is submitted, or if any
prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant
shall be barred from bringing and maintaining a valid lawsuit against the City.
3.7.9 Time of Essence. Time is of the essence for each and every provision of
this Agreement.
3.7.10 City's Right to Employ Other Consultants. City reserves right to employ
other consultants in connection with this Project.
3.7.11 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the parties.
3.7.12 Assignment or Transfer. Consultant shall not assign, sublet, or transfer
this Agreement or any rights under or interest in this Agreement without the written consent of
the City, which may be withheld for any reason. Any attempt to so assign or so transfer without
such consent shall be void and without legal effect and shall constitute grounds for termination.
Consultant shall not subcontract any portion of the Services required by this Agreement, except
as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall
contain a provision making them subject to all provisions stipulated in this Agreement.
3.7.13 Construction; References; Captions. Since the Parties or their agents
have participated fully in the preparation of this Agreement, the language of this Agreement
shall be construed simply, according to its fair meaning, and not strictly for or against any Party.
Any term referencing time, days or period for performance shall be deemed calendar days and
not work days. All references to Consultant include all personnel, employees, agents, and
Page 232 of 440
Request for Proposal – 2025 Street Repair Project Predesign June 2025
30 | Page
subconsultants of Consultant, except as otherwise specified in this Agreement. All references
to City include its elected officials, officers, employees, agents, and volunteers except as
otherwise specified in this Agreement. The captions of the various articles and paragraphs are
for convenience and ease of reference only, and do not define, limit, augment, or describe the
scope, content, or intent of this Agreement.
3.7.14 Amendment; Modification. No supplement, modification, or amendment
of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.7.15 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel, or otherwise.
3.7.16 No Third-Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.7.17 Invalidity; Severability. If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
3.7.18 Prohibited Interests. Consultant maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely
for Consultant, to solicit or secure this Agreement. Consultant warrants that it has not paid nor
has it agreed to pay any company or person, other than a bona fide employee working solely for
Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. Consultant further
agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic
Interest with the City’s Filing Officer as required under state law in the performance of the
Services. For breach or violation of this warranty, City shall have the right to rescind this
Agreement without liability. For the term of this Agreement, no member, officer or employee of
City, during the term of his or her service with City, shall have any direct interest in this
Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.7.19 Authority to Enter Agreement. Consultant has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each
Party warrants that the individuals who have signed this Agreement have the legal power, right,
and authority to make this Agreement and bind each respective Party.
3.7.20 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.7.21 Survival. All rights and obligations hereunder that by their nature are to
continue after any expiration or termination of this Agreement, including, but not limited to, the
indemnification obligations, shall survive any such expiration or termination.
[SIGNATURES ON NEXT PAGE]
Page 233 of 440
Request for Proposal – 2025 Street Repair Project Predesign June 2025
31 | Page
SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF ARROYO GRANDE AND
[***INSERT NAME***]
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be
executed on the day and year first above written.
CITY OF ARROYO GRANDE [INSERT NAME OF CONSULTANT]
[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
By:
Its:
Printed Name:
By:
Its:
Printed Name:
Approved By:
Matthew J. Downing
City Manager
Approved as to Form:
__________________________________
Best Best & Krieger LLP
Isaac Rosen, City Attorney
Attested By:
Jessica Matson
City Clerk
Page 234 of 440
Request for Proposal – 2025 Street Repair Project Predesign June 2025
BB&K (2020) Exhibit “A”-1 PROFESSIONAL SERVICES AGREEMENT
EXHIBIT "A"
SCOPE OF SERVICES
[***INSERT SCOPE***]
Page 235 of 440
Request for Proposal – 2025 Street Repair Project Predesign June 2025
BB&K (2020) Exhibit “B”-1 PROFESSIONAL SERVICES AGREEMENT
EXHIBIT "B"
SCHEDULE OF SERVICES
[***INSERT SCHEDULE***]
Page 236 of 440
EXHIBIT "C"
COMPENSATION
[***INSERT RATES & AUTHORIZED REIMBURSABLE EXPENSES***]
Page 237 of 440
RFP 2025 Street Repairs Pre-Design – PW 2025-01 Addendum No. 1
ADDENDUM NO. 1
Date: June 25, 2025
To: All Plan Holders
From: Theresa Wren, Capital Improvement Projects Manager
Subject: 2025 Street Repairs Pre-Design – Addendum 1
Receipt of this Addendum must be acknowledged by signing and submitting Addendum
No. 1 with your proposal.
This addendum forms a part of the Contract Documents and modifies the original plans and/or Special Provisions
dated June 13, 2025, as noted herein. This addendum contains the following information:
Add. Item Clarifications / Questions / Answers
1.01 Can we receive the full pavement management plan report that was referenced?
Yes. Here’s the link: https://arroyogrande.org/DocumentCenter/View/13645/2022-04-22---2022-
PMP-Update---FINAL
1.02 Will the consultant who prepared the pavement management plan report be eligible to submit
on this design level RFP?
Yes. Please note, however, that this is more of a study level RFP than a design level RFP.
1.03 The RFP provides a map and a list summarizing the street segments to be evaluated for the
project. There are a couple of discrepancies between the map and street list. For example, the
map shows the following streets but they are not on the list of streets:
• Montego Street – Linda Drive to Hillcrest Drive
• Hillcrest Drive – Montego Street to Sierra Drive
• Robels Road – Chilton Street to El Camino Real
• S. Traffic Way – Traffic Way to Trinity Avenue
• Village Court – Trinity Avenue to End
• Woodland Drive – Fair Oaks Avenue to Gate
Additionally, the map shows PC Railway Place from Cherry Avenue to Allen Street but the list
shows PC Railway Place from Allen Street to the End.
Our question is, when there are discrepancies, does the map or list govern?
The list has been updated in “Revised Attachment A - Streets to be Evaluated” so that both contain
all relevant locations. If any additional discrepancies exist, the list will govern.
1.04 Will the City entertain increasing the page limit, say to 12?
Yes.
Page 238 of 440
RFP 2025 Street Repairs Pre-Design – PW 2025-01 Addendum No. 1
1.05 Plan Holder List
The current plan holder list is attached to this Addendum in Attachment 2.
Addendum 1 Attachments:
1. Revised Attachment A
2. Plan Holders List
Please contact Theresa Wren at (805) 473-5441, twren@arroyogrande.org, if you have any questions.
Contractor shall sign this Addendum No. 1 to acknowledge receipt of the Addendum and enclose the signed
copy of this Addendum with the bid. Proposals submitted without the signed Addendum may be rejected.
______________ ___________________
Contractor’s Signature Date
Page 239 of 440
RFP 2025 Street Repairs Pre-Design – PW 2025-01 Addendum No. 1
Revised Attachment A – Streets to be Evaluated
Deflection testing to determine treatment needed: Length (LF)
Huasna Road, Corbett Canyon to Pearwood
4,190
Corral Place, Corbett Canyon (Cul de Sac)
660
Vard Loomis Lane, Huasna Road (Cul-de-Sac)
800
Ikeda Way, Huasna Road to Vard Loomis Lane
470
Vard Loomis Court Vard Loomis Lane (Cul-de-Sac)
145
Callie Court, Huasna Road (Cul-de-Sac)
235
Branch Mill Road, E Cherry to first culvert
620
Via Berros, Valley Road to City Limit
455
Tiger Tail Drive, Valley Rd
915
Mesa Drive, Tiger Tail Drive (Cul-De-Sac)
1,020
Bambi Court, Tiger Tail Drive (Cul-de-Sac)
400
Corbett Canyon, Huasna to 227
3,930
Linda Drive, Oceanview School to N. Elm St
180
Newport Avenue Frontage, Courtland St South of Newport
1,030
Newport Avenue, Courtland St to Montego Street
1,080
Courtland, Newport to Brighton
550
Chilton Avenue, Oak Park Boulevard to Robles Road
1,500
Hillcrest Drive,Montego to ECR
1,244
Sierra Drive, Oak Park Boulevard to Hillcrest Drive
2,187
Linda Drive, Brisco Road to Montego Street
950
Rodeo Drive, West Branch to James Way
5,560
Rena, Dodson Way to E Grand Avenue
1,280
Trinity Avenue, Traffic Way to end of street
850
Page 240 of 440
RFP 2025 Street Repairs Pre-Design – PW 2025-01 Addendum No. 1
PC Railway Place, Allen Street to Cherry
340 LEGEND
Cross Street, Ide Street to Allen Street
660 Revised per Addendum No. 1
Short Street, Poole Street to Nelson Street
470
Hawkins Court, Cross Street (Cul-De-Sac)
133
Vernon Street, W Branch to end
470
Wesley Street, E Branch to end
350
Sandalwood Ave, Alder Street to Halcyon Road (South)
580
Cameron Ct, Alder Street to Halcyon Road (South)
562
Alder St, Farroll Avenue to Cameron Court
690
Wood Place, Dodson
650
Eman Ct, Alpine St
480
Newman Dr, Alpine St
560
Cerro Vista Ln, Alpine St to Cerro Vista Cir
550
Taylor Pl, Alpine St
657
Cerro Vista Cir, Cerro Vista Lane to Gate
715
Montego St., Linda Dr to Hillcrest Dr
1,080
Hillcrest Dr., Montego to Sierra Dr.
1,930
Robles Rd., Chilton to ECR
325
S. Traffic Way - Traffic Way to Trinity Ave.
750
Village Ct - Trinity to End
215
Woodland Dr. - Fair Oaks to Gate
336
TOTAL (LF)
42,754
TOTAL (MILES)
8.10
Page 241 of 440
RFP 2025 Street Repairs Pre-Design – PW 2025-01 Addendum No. 1
Attachment 2 – Planholders List
Page 242 of 440
City of Arroyo GrandeBid Document Distribution ListProject Title:Project Manager: Theresa WrenProject No.:PW 2025-01Bid Date: July 1, 2025 Account No.350-5638-77014:00 pmNo.Phone Website e-mail Date Add. 1 dateE(800) 479-5314www.bidnet.compublishbids@bidnet.com danderson@bidnet.com kpitzer@bidnet.com06/13/2506/25/25E(877) 784-9556www.construction.comsupport@construction.com06/13/2506/25/25E(831) 758-1624www.ccbabuilds.org/staff@ccbabuilds.org06/13/2506/25/25E(559) 237-1831http://cencalbx.cominfo@cencalbx.com 06/13/2506/25/25E(805) 543-7330www.slocbe.complanroom@slocbe.com06/13/2506/25/25E(805) 925-1191www.smvca.orginfo@smvca.org06/13/2506/25/25E(805) 481-1655www.blueprintexp.cominfo@blueprintexp.com06/13/2506/25/25E(800) 424-3996www.cmdgroup.comcontent@constructconnect.com 06/13/2506/25/25H(805) 473-5444www.arroyogrande.orgtwren@arroyogrande.org06/13/2506/25/25E(805) 781-2265www.pavementengineering.cominfo@pavementengineering.com; joer@pavementengineering.com06/13/2506/25/25E(714) 546-3468info@labellemarvin.comjwarrick@labellemarvin.com06/13/2506/25/25E(657) 275-3018www.ncenet.comvjha@ncenet.com; gtrinh@ncenet.com06/13/2506/25/25E(949) 300-2158www.GMUgeo.cominfo@gmugeo.com; rschlierkamp@gmugeo.com06/13/2506/25/25E(866) 692-8335www.g3quality.cominfo@g3quality.com06/13/2506/25/25BluePrint Express1375 Ash StreetArroyo Grande, CA 93420------City Copy (CIP Manager)------CMD (Construction Market Data)Trade Journal #12700 S. Grand Avenue Santa Ana, CA 927053485 Sacramento Drive, Ste A San Luis Obispo, C A 934012003 Preisker Lane, Suite ASanta Maria CA 9345413850 Cerritos Corporate Dr. Ste E Cerritos, CA 9070330 Technology Parkway South, Suite 100, Norcross, GA 30092618 East Grand AvenueArroyo Grande, CA 934202300 E. Katella Avenue, Ste. 125 Anaheim, CA 9280630336 Esperance the Rancho Santa Margarita, CA 926882025 Street Repair Predesign1244 North Mariposa StreetFresno CA 93703153 Cross Street, Suite 130San Luis Obispo CA 93401830 Third Avenue, 6th FloorNew York, NY 10022242 East Romie LaneSalinas, CA 9390711622 El Camino Real, Suite 100San Diego, CA 92130AddressName/CompanyDodge Data & AnalyticsRequired Trade Journal #3Construction Bidboard (BidNet)Required Trade Journal #2Central California Builders ExchangeTrade Journal #19SLO County Builders Exchange (SLO)Trade Journal #22G3 QualityCentral Coast Builders AssociationTrade Journal #18Santa Maria Valley Contractors AssociationGMU EngineersRoger SchlierkampNCEGabrielle TrinhLaBelle MarvinJohn WarrickPEIJoe RiriePage 243 of 440
Item PEI DPSI Labelle Marvin
Earth
Mechanics
Task 1 - Project Management /
Administration $ 5,760.00 $ 4,340.00
Task 2 - Pavement Evaluation $ 115,090.00 $ 238,109.00
Task 3 - Cost Estimates $ 9,960.00 $ 7,040.00
Task 4 - Reports (Deliverables) $ 7,740.00 $ 23,280.00
Total $ 138,550.00 $ 272,769.00 $ 211,615.00 $ 276,474.00
Committee Review PEI DPSI Labelle Marvin
Earth
Mechanics
Reviewer 1 Ranking:1423
Reviewer 2 Ranking:1324
Predesign of 2025 Streets Repair Project - Proposal Review
Did not break
down bid per
Tasks as
directed in RFP
Did not break
down bid per
Tasks as
directed in RFP
ATTACHMENT 3
Page 244 of 440