HomeMy WebLinkAbout04-11-2024 ATC Agenda Packet - Special MeetingCity of San Luis Obispo, Agenda, Planning Commission
Agenda
ACTIVE TRANSPORTATION COMMITTEE
April 11, 2024
6:00 p.m. SPECIAL MEETING Council Hearing Room
City Hall
990 Palm Street
San Luis Obispo CA
The City has returned to in-person meetings. Virtual participation is not supported at this
time.
PUBLIC COMMENT:
Public Comment during the meeting:
If you would like to provide public comment during the meeting, you must attend in person.
Public Comment prior to the meeting can be submitted in the following ways:
• Mail or Email Public Comment
Received by 3pm on the day of meeting - Can be submitted via email to
advisorybodies@slocity.org or U.S. Mail to City Clerk at: 990 Palm St., San Luis
Obispo, CA 93401.
Emails sent after 3pm on the day of meeting – Can be submitted via email to
advisorybodies@slocity.org and will be archived/distributed to members of the
committee the day after the meeting. Emails will not be read aloud at the meeting.
• Verbal Public Comment
Received by 3pm on the day of the meeting - Call (805) 781-7164; state and spell
your name, the agenda item number you are calling about and leave your comment.
The verbal comments must be limited to 3 minutes. All voicemails will be forwarded
to committee members and saved as Agenda Correspondence. Voicemails will not be
played during the meeting.
During the meeting – You must attend the meeting in person.
All comments submitted will be placed into the administrative record of the meeting.
If you have questions, contact the office of the City Clerk at cityclerk@slocity.org or (805) 781-
7100.
MISSION: The purpose of the Active Transportation Committee (ATC) is to provide oversight
and policy direction on matters related to bicycle and pedestrian transportation in San Luis
Obispo and its relationship to bicycling and walking outside the City.
Active Transportation Committee Agenda April 11, 2024 Page 2
CALL TO ORDER: Chair Russell Mills
ROLL CALL: Committee Members Dave Amos, Lea Brooks (vice chair), Jill Caggiano,
Francine Levin, Russell Mills (chair), Kimmie Nguyen, Garrett Otto
P LAQUE PRESENTATION: Jonathan Roberts
O ATH OF OFFICE: Dave Amos
PUBLIC COMMENT: At this time, people may address the Committee about items not on the
agenda. Persons wishing to speak should come forward and state their name and address.
Comments are limited to three minutes per person. Items raised at this time are generally referred
to staff and, if action by the Committee is necessary, may be scheduled for a future meeting.
ACTION ITEMS
1. BIKESHARE REQUEST FOR PROPOSALS
(Pullman – 90 MINUTES)
Recommendation:
1. Receive a presentation and provide a consensus recommendation on the issuance of a
draft Request for Proposals (RFP) for launching a bikeshare program serving the City of
San Luis Obispo and Cal Poly in advance of City Council considering the item at their
May 7, 2024, meeting.
2. 2024 ROADWAY SEALING PROJECT UPDATE
(Fukushima – 10 MINUTES)
Recommendation:
1. Receive an update on the 2024 Roadway Sealing Project and provide consensus
comments, if any, ahead of the City Council meeting on May 21st for authorization to
advertise the construction project.
PROJECT UPDATE
3. Staff update – Higuera Complete Streets Project (5 min) (this is only a brief status
update with no formal action to be taken. This topic is currently scheduled to return on
May 16, 2024 for public input and a formal recommendation by the committee)
Active Transportation Committee Agenda April 11, 2024 Page 3
ADJOURNMENT
The next Regular Meeting of the Active Transportation Committee is scheduled for
Thursday, May 16, 2024 at 6:00 p.m.
The City of San Luis Obispo wishes to make all of its public meetings accessible to the
public. Upon request, this agenda will be made available in appropriate alternative formats to
persons with disabilities. Any person with a disability who requires a modification or
accommodation in order to participate in a meeting should direct such request to the City Clerk’s
Office at (805) 781-7100 at least 48 hours before the meeting, if possible. Telecommunications
Device for the Deaf (805) 781-7107.
Agenda related writings and documents are available online or for public inspection at the Public
Works Department, 919 Palm Street, SLO. Meeting audio recordings can be found at the
following web address:
https://opengov.slocity.org/WebLink/Browse.aspx?id=60965&dbid=0&repo=CityClerk
City of San Luis Obispo, Agenda, Planning Commission
Active Transportation Committee
AGENDA REPORT ITEM 1
DATE: April 5, 2024
FROM: Lucia Pohlman, Sustainability and Natural Resources Analyst
SUBJECT: Bikeshare Request for Proposals
Recommendation
Receive a presentation and provide a consensus recommendation on the issuance of a Request for
Proposals (RFP) for launching a bikeshare program that would serve the City of San Luis Obispo
and Cal Poly in advance of City Council considering the item at their May 7, 2024, meeting.
Policy Context
Staff’s recommendation is in direct support of Circulation Element Objective 1.7.1.1, which
identifies a target mode split of 20% bicycle trips, and Circulation Element Program 4.2.1, “The
City shall evaluate a bikeshare program in coordination with Cal Poly and other educational
institutions.” In addition, assessing and/or launching a bikeshare system has been a Major City
Goal work program task across three Financial Plans since 2019.
Council Actions and Adopted Plans
Over the course of the last decade, there have been numerous Council actions and adopted plan
documents that call for the City to promote active transportation, support equitable mobility,
decrease transportation costs, cut climate emissions, reduce air pollution, and stimulate economic
vibrancy through a prospective bikeshare program, as follows:
1. On July 12, 2012, City Council adopted the 2012 Climate Action Plan, which included
Transportation and Land Use Implementation Action 3.3 to “Research opportunities for a
bike-share program near parking facilities.”
2. On December 9, 2014, City Council adopted the 2014 Land Use and Circulation Element
update, which introduced new modal shift objectives to support the increased use of
alternative forms of transportation and decreased dependence on single-occupant
automobiles. Through this update the City set ambitious goals to increase bicycle mode
share to 20% and to reach 18% for walking, carpools, and other forms of transportation by
2035 (Policy 1.7.1). The element also states that “the City shall evaluate a bikeshare
program in coordination with Cal Poly and other educational institutions” (Policy 4.2.1).
3. On September 5, 2017, City Council adopted the Downtown Concept Plan, which included
implementation action 37, to “Work with interested partners on the feasibility of a
bikeshare program.”
Active Transportation Committee Agenda Item 1, April 11th, 2024 Page 2
4. On June 5, 2018, City Council adopted the 2019-2021 Financial Plan and Major City Goal
Work Program, which included a Sustainable Transportation task under Emerging Trends
and Technology to “Investigate Potential Shared Mobility Policy” in reference to a
potential micro mobility program.”
5. On October 1, 2019, City Council held a study session on the topic of shared bike systems.
Council provided clear direction to staff to continue with development of a citywide docked
electric pedal-assist bikeshare program.
6. On June 1st, 2020, City Council adopted the 2021-2023 Financial Plan and Major City Goal
work program, which included Task 4.4.v, to “Continue to monitor trends in the Micro
mobility industry and feasibility of future SLO Bikeshare Program.”
7. On August 18th, 2020, City Council adopted the 2020 Climate Action Plan for Community
Recovery (2020 CAP) which includes action items related to active transportation and
mobility. The 2020 CAP includes Foundational Action 2.2 to “Launch micro mobility
program by 2021.”
8. On December 8, 2020, City Council directed staff to pause the bikeshare effort and instead
monitor the industry for any favorable change, a decision guided by the ATC
recommendation on November 19, 2020. Additional decision-making factors were that the
marketplace for bikeshare declined considerably in 2020-21 due to the COVID-19
pandemic, and that results from a San Luis Obispo Rapid Bikeshare Assessment produced
by Alta Planning + Design indicated that it would be difficult to launch a bikeshare program
without significant City investment and staff resources.
9. On February 2, 2021, City Council adopted the Active Transportation Plan, which includes
Goal 3.7 Bikeshare and Micromobility, which directs staff to “Implement a bikeshare
program in partnership with Cal Poly to maximize convenient access to bicycling as a form
of transportation. If supported by the City Council, explore additional micromobility
transportation options to increase sustainable transportation choices in San Luis Obispo
[...]”
10. On December 13th 2022, City Council adopted the 2023-27 CAP Work Program, which
includes task Connected 2.2.A, scheduled for the 2023-25 Financial Plan, to “Reassess the
viability of launching a Micro Mobility Program and launch if feasible.”
11. On February 21, 2023, City Council adopted the Parking and Access Management Plan,
which includes Strategy 1.B.2 to “Implement a bikeshare program.”
12. On June 6, 2023, City Council adopted the 2023-25 Financial Plan and Major City Goal
Work Program, which includes task 4.3.i, to “Reassess the viability of launching a citywide
bikeshare system, with ongoing coordination with Cal Poly as called for in CAP Connected
Communities Task 2.2.A and the Parking Access and Management Plan Strategy 1.B.1.
Solicit potential bikeshare system operators if staffing resources allow and this can be done
without diverting resources from delivering priority active transportation infrastructure
projects.”
13. On July 18, 2023, City Council adopted the Economic Development Strategic Plan,
which includes Action 2.5.4 directing staff to “Support the development and expansion of
Active Transportation Committee Agenda Item 1, April 11th, 2024 Page 3
multimodal transportation solutions that encourage access to and around Downtown as
well as between residential and commercial corridors [including] integrating different
modes of transportation, such as shared bikes […].
14. On January 23, 2024, City Council received and filed the Transit Innovation Study. The
study is focused on achieving the City’s transit mode split objectives. As part of the
“Service Enhancements” section, the study recommends launching a bikeshare program
and notes, “Bikeshare programs can play a major role in addressing first-last mile transit
concerns and offer relatively affordable rides to the general public for trips within a
predefined geographic area.”
Active Transportation Committee (ATC) Recommendations
1. On November 19, 2020, the Active Transportation Committee heard an agenda item on
Bikes Share Services. The recommendation from the ATC was to “not pursue shared micro
mobility at this time but to continue monitoring it in cities similar to San Luis Obispo
including partnering with Cal Poly (if there is interest) to survey interest and demand in
San Luis Obispo.” The ATC also recommended removing bikeshare from the Major City
Goals for FY 2021-23 and stated their preference for the City to focus staffing and financial
resources on implementing the highest-priority bicycle and pedestrian infrastructure
projects before committing significant resources to bikeshare.
2. On December 3, 2020, the Active Transportation Committee recommended adoption of the
DRAFT Active Transportation Plan, which included Goal 3.7 Bikeshare and
Micromobility, to “Implement a bikeshare program in partnership with Cal Poly to
maximize convenient access to bicycling as a form of transportation. If supported by the
City Council, explore additional micromobility transportation options to increase
sustainable transportation choices in San Luis Obispo.”
3. On November 3, 2022, the Active Transportation Committee received a presentation from
Office of Sustainability and Natural Resources staff on the 2023-2027 Climate Action Plan
Work Program. The ATC’s feedback was generally supportive of the CAP Work Program
but noted that the primary focus of Public Works Mobility Services staff should be to
prioritize implementation of Tier 1 Active Transportation Network projects before
consideration of advancing bikeshare.
Background
In 2023, based on direction provided by Major City Goal task 4.3.i in the 2023-25 Financial Plan
to “Reassess the viability of launching a citywide bikeshare system […].”, staff from the Office of
Sustainability and Natural Resources led an assessment into the feasibility of launching a bikeshare
program. This was the second time a bikeshare was considered by the City, which decided to pause
bikeshare efforts in 2020 in response to the pandemic and other factors.
In 2023, staff determined a bikeshare to be feasible primarily because of advancements in the
bikeshare industry since an RFP was last considered, the City’s progress implementing priority
active transportation infrastructure projects (especially along corridors where bikeshare docks are
expected to be located), a strong partnership and shared vision for bikeshare with Cal Poly, and
the availability of staff resources within the Office of Sustainability and Natural Resources to
support the launch of a bikeshare program. As such, staff believe that the City and Cal Poly can
Active Transportation Committee Agenda Item 1, April 11th, 2024 Page 4
partner on procuring a vendor that can successfully launch a bikeshare without diverting City
resources from implementing the Tier 1 ATP network.
As a result of these findings, staff from the Office of Sustainability and Natural Resources drafted
a Bikeshare RFP in collaboration with Cal Poly staff (Attachment A). City staff intend to bring
this RFP to Council on May 7, 2024, as a consent agenda item to secure authorization to release
an RFP for the project. The following sections provide evidence to support these assertions:
What’s New about Bikeshare in 2024?
1. Market has Matured: Since the 2019 Council Study Session on launching a bikeshare, the
industry and particularly the expertise and preferred system configurations of bikeshare
operators has stabilized around successful public-private partnership models. The market
has evolved from the unregulated and uncoordinated deployment of scooters by start-up
micro-mobility companies; to expensive City and/or grant-funded deployment; to where
we are today with a diversity of system models, including a proven zero-cost to the City
configuration. This evolution is a departure from the findings in the 2020 Alta Rapid
Bikeshare Assessment that suggested significant funding might be necessary to launch a
program. Staff discussions with peer cities and prospective vendors indicate that the
market for a bikeshare program without significant investment from the city is viable.
2. Success in Peer Cities: Dozens of cities across the U.S. have launched community-serving
bikeshare systems through partnerships with a third-party bikeshare operator. As Santa
Cruz and Santa Barbara are regional peer communities with active bikeshare programs,
both cities provide valuable comparative experience to learn from. City of San Luis Obispo
staff have conferred with staff from both of these cities, respectively, and learned the
following:
o In January 2021, the City of Santa Barbara launched the first phase of a three-year
bikeshare pilot through partnership with a privately-owned bikeshare operator. The
zero-cost to the City pilot included the installation of 500 bicycle docks that served
a fleet of 250 e-bikes that reach a maximum pedal-assist speed of 17-mph and have
constantly illuminated front and rear lights. After three years of operation, their
City staff determined that the partnership was a good fit for Santa Barbara and
returned to City Council to extend the agreement.
o In June 2023, the City of Santa Cruz and UCSC launched a bikeshare that will
expand to serve Capitola, Watsonville, Cabrillo College, and the unincorporated
County. The initial launch included about 400 e-bikes and 800 docks throughout
the City of Santa Cruz and UCSC campus. The countywide rollout will expand to
up to 660 e-bikes and 1320 docks in 2024.
3. Improved Equipment: Over the past five years, the equipment used by bikeshare operators
has improved. The standard design for fleet-appropriate durable electric pedal-assist
bicycles has gotten lighter, less bulky, and more accessible. Additionally, the pedal-assist
batteries have increased in capacity while other components have gotten more efficient,
resulting in longer range in pedal assist mode. Additionally, bikeshare operators have
switched from charging bike docks that are connected to the electric grid and require
trenching and electrical infrastructure, to a low-impact model with simple metal docks that
are bolted to the ground. To charge the bikes, operator staff service the docks by swapping
out bike batteries that are low with fully charged batteries from their warehouse. In San
Luis Obispo, these docks can be installed in ways that supplement existing bike parking in
Active Transportation Committee Agenda Item 1, April 11th, 2024 Page 5
the public realm. In addition, dock stations have moved to a more reduced footprint
accommodating stations with as few as one or two bikes rather than sets of 10 or more as
in previous iterations.
What’s New in San Luis Obispo?
1. Improving Bike Infrastructure: A bikeshare system complements the City and Cal Poly’s
investment in pedestrian and bicycle facilities, and further supports bicycling as a
convenient and effective mode of low-carbon transportation. If this RFP results in a
successful procurement, the City will aim to launch the launch a bikeshare by the summer
of 2025. By this time, the City will have made significant progress in advancing bikeway
infrastructure between the downtown and Cal Poly area where bikeshare infrastructure is
expected to be concentrated (see Figure 1 below).
Figure 1. Complete, In Progress and Planned Bike Infrastructure Connecting
Downtown San Luis Obispo and Cal Poly Campus.
These active transportation infrastructure improvements include:
1. Railroad Safety Trail (Pepper to Phillips): Completed
2. Protected Bike Lanes in the Downtown on Higuera and Marsh: Completed
3. Cerro Romauldo Neighborhood Greenway: Completed
4. North Chorro Neighborhood Greenway: Completion expected end of April 2024
Active Transportation Committee Agenda Item 1, April 11th, 2024 Page 6
5. Toro and Mill Street Neighborhood Greenways: Completion of Toro and portion
of Mill Street (Pepper to Grand) expected as part of 2024 paving plan. Mill Street
(Pepper to Santa Rosa) expected as part of the 2025 or 2026 paving plan
6. Bike lane on Highland (near Cuesta to Santa Rosa): Completion expected as part
of 2024 paving plan
7. Resealing of Railroad Safety Trail along California Blvd (Taft to Foothill):
Completion expected as part of 2024 paving plan
8. Intersection improvements at Foothill and California: Construction start expected
by 2025
9. Foothill Complete Streets Project: Community outreach to begin 2024 and
construction funding request as part of 2023-25 FY Financial Plan
10. Grand Ave Roadway Sealing bikeway improvements: pilot project in 2024,
permanent improvements expected in 2026 or 2027
2. Increased Staff Capacity in Office of Sustainability and Natural Resources to Support
Bikeshare: In recent years, both the ATC and City Council provided strategic direction
for Mobility Services staff to focus on delivering priority ATP projects. In response, the
Office of Sustainability and Natural Resources (“OOSNR”), which increased its staff
capacity in 2021, has taken lead on bikeshare. OOSNR will continue to lead as project
manager until operations begin, at which time burdens on staff time reduce significantly.
OOSNR has worked on projects that lease City land to third-party service operators for
community benefit at no cost. This experience lends itself to managing the procurement
and launch of a bikeshare program with limited support from Mobility Services staff.
Anticipated inputs from Public Works Mobility Services staff during pre-launch include
supporting committee and City Council presentation/s, participating in the vendor selection
process, and providing input on bikeshare stakeholder engagement, bike specifications,
docking locations, and signage/communications materials. There is little to no need for
Transportation Planning and Engineering staff involvement in advancing a bikeshare
system, which allows those staff to retain their focus on design and delivery of high priority
ATP capital projects.
After the program launch, Mobility Services staff will serve as the lead City liaison to the
bikeshare program operator. As the operator will be contractually obligated to operate a
self-sufficient program with limited inputs or support from City staff, including directly
managing all user requests and equipment issues. Staff from peer cities with similarly
structured bikeshare programs found that post-launch, weekly City staff time spent on the
program reduced to one hour a week or less.
Task OOSNR Mobility
Services
Cal
Poly Operator
Conduct feasibility analysis x
Prepare and coordinate City and Cal
Poly review and approvals on the
RFP and MOU
x
Manage procurement and contracting x
Conduct community outreach for
bikeshare x x x
Coordinate input on bikeshare dock
locations from City departments and x
Active Transportation Committee Agenda Item 1, April 11th, 2024 Page 7
community stakeholders
Provide input into bikeshare signage,
communications materials, and bike
aesthetics
x x x
Serve as staff contact and liaison
during bikeshare program operations x x
Manage customer service experience,
maintenance and repair, legal issues,
and community education
x
3. Partnership with Cal Poly: Cal Poly representatives strongly support including the
university in any prospective bikeshare system. A bikeshare fulfills Cal Poly’s Campus
Master Plan and Climate Action Plan recommendations to support a bicycle program.
Implementing an accessible bikeshare is consistent with Cal Poly’s investment in
pedestrian and bicycle facilities, and further encourages bicycling as a convenient and
effective mode of low-carbon transportation on campus. Cal Poly has been an active
partner to the City during the early stages of the procurement process, and pending
Council approval to release the RFP, is ready to support the vendor selection process,
pre-launch activities, and successful program operations. The development of a strong
partnership on bikeshare between the City and Cal Poly is aligned with key findings and
recommendations from Alta’s Rapid Bikeshare Assessment.
How Important is Bikeshare in Making Progress Towards the City’s Goals?
1. Commuters: Bikeshare has the potential to impact commuters, which make up an
approximate 50% of the City of San Luis Obispo’s daytime population representing an
average of 47,000 people each weekday. Bikeshare can provide first-last mile solutions
that connect commuters to regional transit services. Additionally, bikeshare can replace
vehicles for short daytime trips for both transit and car commuters. A bikeshare can also
provide the ancillary benefit of providing an option for users who are interested in making
trips in SLO by bike but have security concerns about parking their personal bike in public
areas. Given the data from neighboring Santa Cruz which show usage ranging from 18,000
to over 30,000 trips monthly, there is promise that similar results are possible in San Luis
Obispo.
2. Equity: Bikeshare has the potential to provide daily access to electric bicycles for
community members of low income and aligns with the Active Transportation Plan Goal
4.10 and 4.12 to address the cost barrier to bicycle access, which may be especially relevant
given the recent spike in popularity of electric bicycles that still have a high cost compared
to acoustic bicycles. These ATP goals are also echoed in the League of American Bicyclists
Bicycle Friendly Community Report Card “Key Steps to Platinum” recommending launch
of a bikeshare system to increase bicycle accessibility. Further, a 2023 study in Journal of
Transport Geography found that increasing bikeshare utilization “among low-income
individuals, people of color, and non-auto owners may enable them to connect to
employment and other opportunities without needing to own or maintain a car. Bikeshare
has the potential to provide low-income and car-free community members and commuters
with a new accessible mode of transportation to serve some of their mobility needs.”
3. Mode Shift: A 2020 study from Word Resources Institute found that depending on the city,
between 17% and 45% of total bike share miles traveled replaced motorized miles traveled.
Active Transportation Committee Agenda Item 1, April 11th, 2024 Page 8
Among surveyed users, 11% switched from private cars, 14% from taxis or ride-hailing
services and 6% from motorcycles. According to a 2015 study at U.C. Berkeley, 25 to 52
percent of surveyed users in Montreal, Toronto, Washington, DC, and Minneapolis stated
they drove less often after becoming a bikeshare member. The study makes clear that “In
suburbs and small- to medium-sized cities, where public transit can be sparse, bikesharing
complements transit and provides better access to and from existing lines. In these places,
bikesharing serves as an important first- and last-mile connector and increases public
transit use.” Additionally, a 2022 bikeshare report from the UK found that bikeshare
encouraged new or infrequent riders to bike, with 60% of survey respondents reporting that
bikeshare “was a catalyst to them cycling for the first time in at least a year or ever.”
Bikeshare RFP Rating Criteria
The matrix below summarizes the primary specifications as codified in the Request for Proposal
(RFP). The full set of criteria are a part of Section B in the attached RFP. If the City decides to
proceed with soliciting proposals, the RFP includes related rating criteria based on the following
preferred specifications:
Criteria Preferred Specifications (as defined in RFP)
Equipment
Type
The Council’s stated preference is for a dock-based electric pedal-assist
Bikeshare System. There are additional evaluative points available for the
provision of bicycles that serve the needs of those with children or mobility
challenges, such as recumbent bicycles, trikes, cargo bikes or bikes with child
seats.
System Scale The system should have enough bikes and stations to be a reliable, on-demand
mobility option for residents, employees, students, and visitors. The desired initial
deployment for the 3-year pilot project contract period includes a minimum of 10
docking locations and 100 bikes, with an ideal range of at least 20 docking
locations and 175 bikes. The selected Operator should be capable of, responsible
for, and highly motivated to plan and implement expansion of the System in the
future as interest and funding permits. Additionally, the Operator is encouraged to
create a straightforward process wherein additional local agencies and/or private
parties can pay a pre-negotiated fee for a Bikeshare System docking station to be
installed at their site/s.
Equity Proposals shall describe proposed strategies to make the Bikeshare accessible to
all community members, ensuring that access is provided for users in
disadvantaged communities and for persons that typically have experienced
barriers to active transportation. Strategies that improve access for low-income
communities, such as cash payment and/or free or reduced pricing to those who
qualify, are highly desired. If applicable, proposals shall describe options for
bicycles that serve the needs of those with children or mobility challenges, such as
recumbent bicycles, trikes, cargo bikes or bikes with child seats.
Maintenance
and Repair
Maintenance and repair responsibilities apply to all hardware and software
components of the System. The Operator will be responsible for developing and
implementing a regular inspection, maintenance, and repair and/or
replacement schedule that keeps the System in continuous compliance with
agreed upon in-service standards defined in the Service Level Agreement.
These activities shall include inspecting, cleaning, and removing graffiti from
System structures on a timely basis, as well as removal of debris in and around the
System components and structures. Sustainability and battery recycling plans are
Active Transportation Committee Agenda Item 1, April 11th, 2024 Page 9
Criteria Preferred Specifications (as defined in RFP)
important to the Agencies. Proposals that establish a commitment to utilize local
labor and businesses for maintenance and repair support are encouraged.
Public
Safety
Operator will be required to promote safe and lawful operation of the shared
bicycles, as well as ensure that the bicycles are maintained in safe working
condition. Operator is required to promptly remove bicycles left on sidewalks or
elsewhere within the public right of way, and shall proactively avoid any City
and Cal Poly staff involvement in remedying these issues. In times of
emergencies, however, the Operator should be prepared to provide the Agencies
with codes or other means to move locked bikes. Operator shall provide a broad
approach to protecting public safety that could include outreach and education,
minimum age requirements, programs that promote or facilitate helmet use, and/or
speed governance bike controls to reduce speeds in sensitive areas. Operator shall
minimize opportunities for theft and vandalism. Operator shall identify who is
responsible for any incidents of theft and/or vandalism, how these are handled, any
involvement of law enforcement, and applicable user fees.
Open Data The Operator shall provide open content data that will allow third party
developers to provide applications to assist users in finding bicycles, and stations,
and comparing travel and usage information consistent with reports from other
U.S. systems. This data shall be anonymized.
Transit
Integration
Additional points will be allocated to potential vendors that demonstrate an ability
to integrate bikeshare with transit, which may include seamless transfers
between SLO Transit/RTA bus service and bikeshare trips, combined
subscriptions for monthly bus and bikeshare passes, and other forms of payment
and membership integration.
Community Engagement
Bikeshare is repeatedly affirmed as a City work effort and is prioritized by community members
during outreach events, including at the 2022 Connected Community Stakeholder Forum and the
2022 CAP Community Climate Party.
The Connected Community Stakeholder Forum solicited feedback on the implementation of the
City’s Active Transportation Plan, including the viability and priority components of a micro
mobility bikeshare program. A bikeshare program aligned with the expectations detailed in the
attached RFP honors the recommendations of the forum. Participants included representatives
from Bike SLO County, the Lumina Alliance, SLO Chamber of Commerce, SLO County YIMBY,
RideOn, San Luis Obispo Council of Governments (SLOCOG), Mass Transportation Committee,
Active Transportation Committee, and the Cal Poly Associated Students Inc. (ASI). The forum
recommendations included a draft action to “Launch Micro Mobility Program by 2024,” in order
to reach the City’s mode share targets and connect key community nodes by an accessible
bikeshare program. The forum specifically called for (1) a combination of bicycle model types to
increase accessibility, (2) the siting of bike dock locations near transit hubs, commercial corridors,
community institutions and major employers; and (3) equity commitments including free or
reduced-priced programs for low income community members paired with extensive outreach,
marketing and basic bicycle education, and (4) integration into any existing and future digital
transportation apps or user platforms.
Active Transportation Committee Agenda Item 1, April 11th, 2024 Page 10
Additionally, a bikeshare program would serve multiple current community proprieties including
reducing greenhouse gas emissions, alleviating downtown parking constraints, and offering the
possibility of accessible and equitable mobility options for low-income community members.
Pending a successful procurement, staff would conduct significant additional community outreach
to inform the bikeshare docking locations, aesthetics, and other program components.
Costs
The City proposes issuing an RFP for a system operator that will run a bikeshare program in the
City of San Luis Obispo and on Cal Poly campus at no cost to either organization. This model is
operating successfully in Santa Barbara and Santa Cruz and staff anticipate vendor interest in this
operational model.
Next Steps
On May 7, 2024, City Council is scheduled vote on authorizing the release of the bikeshare RFP,
and to enter into a bikeshare-specific MOU with Cal Poly to guide a jurisdictional partnership in
support of a successful bikeshare program. The item will be on the consent agenda, which is the
typical process for authorizing a request for proposals. If the Council approves moving forward
with the RFP and a vendor is selected, the next step would be to coordinate with the vendor on an
operations agreement, which will provide more detail about how the program will be implemented
including the process for station selection and placement, deployment of bikes, pricing, and other
considerations that may arise. Should the City move forward with the RFP and select a vendor,
staff will keep the ATC informed as an operator agreement develops.
Concurrence
Per feedback from the ATC, Office of Sustainability staff have led the development of the RFP
and this Staff Report. Public Works staff have reviewed both closely and concur with the
recommendation. Additionally, Cal Poly staff have also reviewed and approved the RFP and
concur with staff’s recommendation.
Recommendation
Receive a presentation and provide a consensus recommendation on the issuance of a Request for
Proposals (RFP) for launching a bikeshare program that would serve the City of San Luis Obispo
and Cal Poly in advance of City Council considering the item at their May 7, 2024, meeting.
Alternatives
1. Recommend with changes.
2. Recommend with conditions.
3. Delay and provide specific feedback on what circumstances would need to change prior
to being ready to implement a bikeshare program as per Council’s direction and
adopted policies.
Attachments
A – Draft 2024 Bikeshare Request for Proposals
The City of San Luis Obispo is committed to including disabled persons in all of our services, programs and activities.
Telecommunications Device for the Deaf (805) 781-7410.
Notice Requesting Proposals / Qualifications for a City of San Luis Obispo Bikeshare Program
The City of San Luis Obispo and Cal Poly San Luis Obispo are requesting sealed proposals for a City of San
Luis Obispo Bikeshare Program.
All firms interested in receiving further correspondence regarding this Request for Proposals (RFP) will be
required to complete a free registration using BidSync (https://www.bidsync.com/bidsync-app-
web/vendor/register/Login.xhtml). All proposals must be received via BidSync by the Department of
Finance at or before [DATE] when they will be opened electronically via BidSync on the proposal end date
and time.
The preferred method for bid submission is electronic via BidSync. However, if you wish to submit a paper
copy, please submit it in a sealed envelope to the Department of Finance, City of San Luis Obipso, 990
Palm Street, San Luis Obispo, CA, 93401.
An optional pre-proposal conference will be held to answer any questions that the prospective proposers
may have regarding the City's request for proposals.
Insert Teams Meeting Link and timing
Project packages and additional information may be obtained at the City’s BidSync website at
www.BidSync.com. Please contact Lucia Pohlman (lpohlman@slocity.org) with any questions.
For technical help with BidSync please contact BidSync tech support at 800-990-9339.
Attachment A, Page 1 of 35
TABLE OF CONTENTS
A. INTRODUCTION ......................................................................................................................................... 1
B. SCOPE OF WORK ....................................................................................................................................... 1
C. PROJECT SCHEDULE .................................................................................................................................. 5
D. PROJECT BUDGET ..................................................................................................................................... 5
E. GENERAL TERMS AND CONDITIONS ......................................................................................................... 5
F. SPECIAL TERMS AND CONDITIONS ............................................................................................................ 7
G. PROPOSAL CONTENT ................................................................................................................................ 9
H. PROPOSAL SUBMITTAL FORM ................................................................................................................ 13
EXHIBIT A: FORM OF AGREEMENT .............................................................................................................. 17
EXHIBIT B-1: CITY’S INSURANCE REQUIREMENTS ....................................................................................... 26
EXHIBIT B-2: CAL POLY’S INSURANCE REQUIREMENTS ................................. Error! Bookmark not defined.
Attachment A, Page 2 of 35
-1-
A.INTRODUCTION
The City of San Luis Obispo (“City”) and California Polytechnic State University San Luis Obispo (Cal Poly)
are inviting applications from full-service, qualified applicants (“Operators”) to provide a Shared Bicycle
(“Bikeshare”) System for the City and Cal Poly. The specifications detailed herein are intended to obtain
applications outlining a plan by qualified applicants to develop, implement, and manage a
Bikeshare System for an initial three-year pilot period, with an option to extend beyond this pilot period
with mutual consent. The City and Cal Poly (collectively – the “Agencies”) intend to select a single
Operator through this competitive Request for Proposals (RFP) process.
San Luis Obispo naturally lends itself to bicycle transportation, given its temperate climate, picturesque
setting, and compact urban form, which all contribute to the bikeability of the area, with over sixteen
percent of people in the City commuting to work via bicycle (City Transportation Survey, 2019). To further
increase access to bicycling as viable mode of transportation, the Agencies seek to implement a Bikeshare
System to enhance multimodal mobility for its residents, students, employees, and visitors.
A Bikeshare would meet the recommendations of City and Cal Poly policies. The Circulation Element of
the City’s General Plan, Active Transportation Plan, and Climate Action Plan recommend the exploration
of a shared bicycle program to increase mobility options, decrease transportation costs, and reduce air
pollution and greenhouse gas emissions. Similar recommendations and desired outcomes exist in Cal
Poly’s Campus Master Plan and Climate Action Plan. Implementing an accessible Bikeshare also
complements the City and Cal Poly’s investment in pedestrian and bicycle facilities, and further supports
bicycling as a convenient and effective mode of low-carbon transportation.
B.SCOPE OF WORK
The Agencies seek the delivery of a dependable and accessible Bikeshare System that is compatible with
the unique character of San Luis Obispo. The selected Operator will be responsible for all aspects of an
integrated Bikeshare System. The selected Operator will receive general direction from the Agencies but
will be expected to perform all technical tasks and other analyses necessary to complete the proposed
scope of work. The Operator will ensure that the Bikeshare System will best serve San Luis Obispo and Cal
Poly by collaborating closely with transit operators, City planners and engineering staff, Cal Poly
representatives, local bike shops, and other stakeholders.
Proposals shall provide a scope of work for development and operation of a System that meets the
following general specifications:
1.System Type. The Agencies’ vision is for a dock-based electric pedal-assist Bikeshare System. The
System shall operate year-round and be available 24 hours a day, seven days a week. All materials
and equipment shall have a long expected useful life and high durability. Proposals may suggest
other system models if they achieve the overall objective of this project.
2.System Scale. The system should have enough bikes and stations to be a reliable, on-demand
mobility option for residents, employees, students, and visitors. The desired initial deployment
for the 3-year pilot project contract period includes a minimum of 10 docking locations and 100
bikes, with an ideal range of at least 20 docking locations and 175 bikes. Subsequent additions to
the System may be phased at different intervals over time. The selected Operator should be
Attachment A, Page 3 of 35
-2-
capable of, responsible for, and highly motivated to plan and implement expansion of the System
in the future as interest and funding permits. The Operator is encouraged to create a
straightforward process wherein additional local agencies and/or private parties can pay a pre-
negotiated fee for a Bikeshare System docking station to be installed at their site/s.
3.Stations. The Operator shall propose a detailed geographic plan for docking stations, and shall
coordinate final locations with Agencies. The docking system should minimize the impact of “bike
litter” and ADA accessibility concerns. Station infrastructure should be easily moveable, require
minimal time to install and/or remove, and be installed without trenching. The selected Operator
will ensure that all sites are fully restored to the satisfaction of the Agencies whenever stations
are installed and/or removed. No damage or attachment points should be left behind. stations
located on sidewalks or other pedestrian areas require full replacement.
4.Customer Service. The Operator will be responsible for creating and managing responsive and
friendly customer service standards and procedures. All physical System structures shall contain
a conspicuously posted telephone number, directing to the Operator’s customer service
operations to which the public may direct complaints and comments, and instructions for filing a
complaint. This customer service system must be available to those that have and have not
registered for the Bikeshare System. The Operator shall provide a timely response to any such
complaints. The Operator shall provide a shared database in which the Agencies can communicate
complaints from the public, from the City, and from Cal Poly, in which the Operator can report
the resolution of such complaints. Operator shall collect customer email addresses during
registration, and send at minimum one electronic survey, designed by the Agencies, per year to
bikeshare users.
5.Equity Considerations. Proposals shall describe proposed strategies to make the Bikeshare
accessible to all community members, ensuring that access is provided for users in disadvantaged
communities and for persons that typically have experienced barriers to active transportation.
Strategies that improve access for low-income communities, such as cash payment and/or free or
reduced pricing to those who qualify, are highly desired. If applicable, proposals shall describe
options for bicycles that serve the needs of those with children or mobility challenges, such as
recumbent bicycles, trikes, cargo bikes or bikes with child seats.
6.Fee Collection. Operator shall set a fare structure in collaboration with the Agencies that
encourages short duration rentals for bikeshare.
a.Describe the proposed payment system and subscription types (i.e., hourly, daily,
monthly, annually; low-income rates; student memberships; corporate passes, etc.).
b.Document all payment methods accepted by the System, including how it could be
accessible to users who are unbanked, or do not have a credit card or smart phone.
c.Document how late fees, out of station fees, and other penalty-based fees (e.g., for bikes
not returned within 24 hours) will be assessed.
7.Costs. All costs associated with the System, including but not limited to installation, maintenance,
capital, operating, marketing, and staffing, shall be the sole responsibility of the Operator.
Operator must provide sufficient documentation to demonstrate the financial sustainability of
the System. The Agencies will have no financial obligation associated with the System for the
duration of the contract period.
Attachment A, Page 4 of 35
-3-
8. Revenue. All revenues, including membership fees, use fees, and revenue from other sources,
shall be collected by the Operator.
9. Registration. Design, maintain, and host a bikeshare website that promotes the program and
allows users to register, submit credit card data, and execute a user agreement. The web pages
shall display correctly on all major web browsers and mobile devices/formats. After registration,
members should be able to immediately access a bike. Ideally, the System would also enable one-
time use by walk-up registration at all or some designated docking stations, or through cell phone
registration. The Operator’s digital platform and mobile application (if applicable) must meet the
Agencies’ Information and Communication Technology (ICT) review requirements.
10. Real-Time Communication. Operator shall offer a public-facing interactive digital platform and/or
iOS and Android App that that displays the real-time map location and status of each bicycle and
docking station throughout service area. Operator shall use the General Bikeshare Feed
Specification (GBFS), a standardized data feed for bikeshare system availability. Map interfaces
that enable trip planning with address inputs, directions, and transit information are encouraged.
11. Branding, Marketing, Community Outreach, Public Relations, and Customer Service. Operator will
oversee branding, marketing, membership sales, community outreach, and public relations. Use
of name, trademarks, or logos of the Agencies shall be subject to the terms and conditions and
any applicable requirements for a license from the City or Cal Poly. If possible, the Bikeshare
System’s tangible assets will be branded with the Sustainable SLO mark. Sustainable SLO is a City-
wide branding effort that represents the collective actions taken by the City and community to
reduce climate pollution and adapt to climate change.
12. Organizational Development. Operators must already have, or design and set up a business
organization that can complete all tasks in this scope of work. This will include any office and
warehouse setup, staffing, administrative and office systems, risk management, legal compliance
(including preparation of all waivers, legal disclaimers, etc.), accounting and reporting systems,
policy manuals, user rules and regulations, payroll, Human Resources systems and other activities
and systems as needed. Operations team and office/warehouse space are required to be located
within the County of San Luis Obispo, and ideally in the City, in order to be responsive to the
operation needs of the System.
13. Service Level Agreement. A Service Level Agreement (SLA) will be developed in collaboration with
Agencies in the contract negotiation phase. This agreement will set the specific standards that the
vendor will commit to and operate within, including minimum performance standards such as
percentage of bikes in service and available at a given time, frequency of bike and station
inspections, preventative maintenance plans, complaint resolution timeliness, etc. The
agreement will also specify the cadence and form of regular reporting on high-level Key
Performance Indicators. The SLA shall also indemnify the Agencies from all claims related to the
Bikeshare System, and include a waiver to be signed by all System users releasing the Agencies
from all claims, in a form satisfactory to the Agencies.
14. System Balancing. The Operator will maintain a balanced system with minimal likelihood that
customers encounter empty or full stations. The Operator shall continuously and predictably
redistribute bicycles to provide consistent availability of bikes throughout the service area as
specified in the SLA.
Attachment A, Page 5 of 35
-4-
15.Maintenance and Repair. Maintenance and repair responsibilities apply to all hardware and
software components of the System. The Operator will be responsible for developing and
implementing a regular inspection, maintenance, and repair and/or replacement schedule that
keeps the System in continuous compliance with agreed upon SLA in-service standards. These
activities shall include inspecting, cleaning, and removing graffiti from System structures on a
timely basis, as well as removal of debris in and around the System components and structures.
Sustainability and battery recycling plans are important to the Agencies. Proposals that establish
a commitment to utilize local labor and businesses for maintenance and repair support are
encouraged.
16.Regular Operations Review. The Operator will routinely review periodic reports, maps, and data,
as well as ridership, fee structure, and trip and route data. Operator shall develop
recommendations that promote System usage, promote closer coordination with potential or
existing partners, and reduce or eliminate any operating deficits. Any such recommendations will
be circulated among the Agencies.
17.Reporting. At regular, periodic, and appropriate intervals, Operator shall submit reports that track
Key Performance Indicators as agreed upon in the SLA. In their proposal, Offerors must prepare a
matrix that presents and summarizes other periodic reports that the Operator will submit for
external and internal audiences. These reports shall include at a minimum a quarterly
management report for the Agencies that monitors Key Performance Indicators against agreed
upon standards, as well as business/financial metrics. An annual report available to the public and
interested stakeholders will also be required.
18.Records. In addition to SLA reports, Operator shall maintain additional business related,
accounting and customer service-related records and make them available to the Agencies on
appropriate notice for inspection and auditing.
19.Public Safety. Operator will be required to promote safe and lawful operation of the shared
bicycles, as well as ensure that the bicycles are maintained in safe working condition. Operator is
required to promptly remove bicycles left on sidewalks or elsewhere within the public right of
way, and shall proactively avoid any City and Cal Poly staff involvement in remedying these issues.
In times of emergencies, however, the Operator should be prepared to provide the Agencies with
codes or other means to move locked bikes. Operator shall provide a broad approach to
protecting public safety that could include outreach and education, minimum age requirements,
programs that promote or facilitate helmet use, and/or speed governance bike controls to reduce
speeds in sensitive areas.
20.Theft and Vandalism. Operator shall minimize opportunities for theft and vandalism. Operator
shall identify who is responsible for any incidents of theft and/or vandalism, how these are
handled, any involvement of law enforcement, and applicable user fees.
21.Secure Financial Transactions. Complete secure financial transactions with data input at the web
page or by cell phone. Financial data must be held securely in a manner that complies with all
applicable federal, state, and local privacy and data protection laws, rules, regulations, and
directives, and is only accessible to authorized personnel. The Operator shall develop a robust
security policy. The Operator must ensure that its security policy is enforced, report any breaches
to the Agencies as soon as practicable, and develop a corrective plan to prevent future breaches.
The method for protecting financial data, usernames, and addresses, must be Payment Card
Attachment A, Page 6 of 35
-5-
Industry (PCI) compliant. Neither the City nor Cal Poly will be bound by or responsible to comply
with any GDPR requirements.
22. Open Data. The Operator shall provide open content data that will allow third party developers
to provide applications to assist users in finding bicycles, and stations, and comparing travel and
usage information consistent with reports from other U.S. systems. This data shall be anonymized.
The Agencies also acknowledge the creativity and experience that Operators will bring to a bicycle share
system in San Luis Obispo and encourage Operators to propose system elements above and beyond the
minimum standards established in this RFP. There are additional evaluative points available for these
optional elements:
• Number of bicycles and/or stations
• Quality of equipment
• Provision of bicycles that serve the needs of those with children or mobility challenges, such as
recumbent bicycles, trikes, cargo bikes or bikes with child seats
• Community outreach and education
• Robust safety education programs including helmet use
• Robust marketing strategy and sponsorship sales
• Payment and/or membership integration with local transit
• Equity considerations, such as ability to accept cash payment for non-credit card transactions,
subsidized membership rates for low-income users, etc.
• Ways to refer consumers to local bicycle shops for long-term rentals and gear (retail sales)
• Information about how Operator mitigates the environmental impact/s of its services including
greenhouse gas emissions, amount of waste generated, water and energy use, and other areas
related to the Operator’s products and services.
C. PROJECT SCHEDULE
Operator shall propose a project schedule that includes all steps necessary to reach a launch date, as well
as subsequent milestones. The schedule shall include prelaunch activities such as site planning,
permitting, community outreach and engagement, education, and other applicable tasks. A detailed
schedule will be finalized in cooperation between the Agencies and Operator during contract negotiation.
D. PROJECT BUDGET
As referenced in Section B “Scope of Work”, all costs associated with the system, including but not limited
to capital, operating, marketing, and staffing, shall be the sole responsibility of the Operator. The Agencies
will have no financial obligation associated with the System for the duration of the contract period.
E. GENERAL TERMS AND CONDITIONS
PROPOSAL REQUIREMENTS
1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal (bidder) shall
meet all the terms, and conditions of the Request for Proposals (RFP) project package. By virtue
of its proposal submittal, the bidder acknowledges agreement with and acceptance of all
provisions of the RFP specifications.
Attachment A, Page 7 of 35
-6-
2.Proposal Submittal. Each proposal must be submitted on the form(s) provided in the specifications
and accompanied by any other required submittals or supplemental materials. Proposal
documents shall be submitted electronically via BidSync. However, if you can’t submit
electronically, please send your bid copy in a sealed envelope to the Department of Finance, City
of San Luis Obispo, 990 Palm Street, San Luis Obispo, CA, 93401. To guard against premature
opening, the proposal should be clearly labeled with the proposal title, project number, name of
bidder, and date and time of proposal opening. No FAX submittals will be accepted.
3.Insurance Certificate. Each proposal must include a certificate of insurance showing:
a.The insurance carrier and its A.M. Best rating.
b.Scope of coverage and limits.
c.Deductibles and self-insured retention.
The purpose of this submittal is to generally assess the adequacy of the bidder’s insurance
coverage during proposal evaluation; as discussed under paragraph 12 below, endorsements are
not required until contract award. The City’s insurance requirements are detailed in Exhibit B-1
and Cal Poly’s insurance requirements are detailed in Exhibit B-2.
4.Proposal Withdrawal and Opening. A bidder may withdraw its proposal, without prejudice prior
to the time specified for the proposal opening, by submitting a written request to the Director of
Finance for its withdrawal, in which event the proposal will be returned to the bidder unopened.
No proposal received after the time specified or at any place other than that stated in the “Notice
Inviting Bids/Requesting Proposals” will be considered. All proposals will be opened and declared
publicly. Bidders or their representatives are invited to be present at the opening of the proposals.
5.Submittal of One Proposal Only. No individual or business entity of any kind shall be allowed to
make or file, or to be interested as the primary submitter in more than one proposal, except an
alternative proposal when specifically requested; however, an individual or business entity that
has submitted a sub-proposal to a bidder submitting a proposal, or who has quoted prices on
materials to such bidder, is not thereby disqualified from submitting a sub-proposal or from
quoting prices to other bidders submitting proposals.
6.Communications. All timely requests for information submitted in writing will receive a written
response from the City or Cal Poly. Telephone communications with City staff are not encouraged
but will be permitted. However, any such oral communication shall not be binding on the City or
Cal Poly.
CONTRACT AWARD AND EXECUTION
7.Proposal Retention and Award. The City and Cal Poly reserve the right to retain all proposals for a
period of 60 days for examination and comparison. The City and Cal Poly also reserve the right to
waive non-substantial irregularities in any proposal, to reject any or all proposals, to reject or
delete one part of a proposal and accept the other, except to the extent that proposals are
qualified by specific limitations. See the “special terms and conditions” in Section C of these
specifications for proposal evaluation and contract award criteria.
8.Competency and Responsibility of Bidder. The City and Cal Poly reserve full discretion to
determine the competence and responsibility, professionally and/or financially, of bidders.
Attachment A, Page 8 of 35
-7-
Bidders will provide, in a timely manner, all information that the City or Cal Poly deems necessary
to make such a decision.
9.Contract Requirement. The bidder to whom award is made (Operator) shall execute a written
contract with the City and/or Cal Poly within ten (10) calendar days after notice of the award. The
contract shall be made in the form adopted by the City and incorporated in these specifications.
CONTRACT PERFORMANCE
10.The Agencies’ contract terms and conditions that Operator will be expected to execute and be
bound by, are attached hereto as Exhibit A.
F.SPECIAL TERMS AND CONDITIONS
1.Contract Award. Subject to the reservations set forth in Paragraph 9 of Section E (General Terms
and Conditions) of these specifications, the contract will be awarded based on the evaluative
criteria set forth in this Request for Proposals.
2.Sales Tax Reimbursement. For sales occurring within the City of San Luis Obispo, the City receives
sales tax revenues. Therefore, for bids from retail firms located in the City at the time of proposal
closing for which sales tax is allocated to the City, 1% of the taxable amount of the bid will be
deducted from the proposal by the City in calculating and determining the lowest responsible,
responsive proposer.
3.Labor Actions. In the event that the successful proposer is experiencing a labor action at the time
of contract award (or if its suppliers or subcontractors are experiencing such a labor action), the
City reserves the right to declare said proposer is no longer the lowest responsible, responsive
proposer and to accept the next acceptable low proposal from a proposer that is not experiencing
a labor action, and to declare it to be the lowest responsible, responsive proposer.
4.Failure to Accept Contract. The following will occur if the proposer to whom the award is made
(Operator) fails to enter into the contract: the award will be annulled; any bid security will be
forfeited in accordance with the special terms and conditions if a proposer's bond or security is
required; and an award may be made to the next lowest responsible, responsive proposer who
shall fulfill every stipulation as if it were the party to whom the first award was made.
5.Contract Term. The contract term is three years from the commissioning date of the Bikeshare
System. If the Operator breaches the contract or Service Level Agreement, the Agencies may
terminate the contract based on the mutually agreed upon terms and conditions of these
agreements.
5.Contract Extension. The term of the contract may be extended by mutual consent for additional
three -year terms in perpetuity.
6.Supplemental Purchases. Supplemental purchases may be made from the successful proposer
during the contract term in addition to the items listed in the Detail Proposal Submittal Form. For
these supplemental purchases, the proposer shall not offer prices to the City or Cal Poly in excess
of the amounts offered to other similar customers for the same item. If the proposer is willing to
Attachment A, Page 9 of 35
-8-
offer the City or Cal Poly a standard discount on all supplemental purchases from its generally
prevailing or published price structure during the contract term, this offer and the amount of
discount on a percentage basis should be provided with the proposal submittal.
7. Non-Exclusive Contract. The City and Cal Poly reserve the right to purchase the items listed in the
Detail Proposal Submittal Form, as well as any supplemental items, from other vendors during the
contract term.
8. Unrestrictive Brand Names. Any manufacturer's names, trade names, brand names or catalog
numbers used in the specifications are for the purpose of describing and establishing general
quality levels. Such references are not intended to be restrictive. Proposals will be considered for
any brand that meets or exceeds the quality of the specifications given for any item. In the event
an alternate brand name is proposed, supplemental documentation shall be provided
demonstrating that the alternate brand name meets or exceeds the requirements specified
herein. The burden of proof as to the suitability of any proposed alternatives is upon the proposer,
and the City and Cal Poly shall be the sole judges in making this determination.
9. Delivery. Prices quoted for all supplies or equipment to be provided under the terms and
conditions of this RFP package shall include delivery charges, to be delivered F.O.B. San Luis
Obispo by the successful proposer and received by the City and Cal Poly within 90 days after
authorization to proceed by the City and Cal Poly.
10. Startt and Completion of Work. Work on this project shall begin immediately after contract
execution. System commissioning shall be completed within 18 months thereafter, unless
otherwise negotiated with City by mutual agreement.
11. Submittal of References. Each proposer shall submit a statement of qualifications and references
on the form provided in the RFP package.
12. Statement of Contract Disqualifications. Each proposer shall submit a statement regarding any
past governmental agency bidding or contract disqualifications on the form provided in the RFP
package.
Attachment A, Page 10 of 35
-9-
G. PROPOSAL CONTENT
1. Proposal Content. Please provide the information requested below. Any omission may be cause
for rejection of proposal. Proposal length should only be as long as required to be responsive to
the RFP. Proposals should not exceed 20 pages (not including attachments and supplemental
materials) and should not include generic marketing materials.
Submittal Forms. Please sign and complete the following forms:
a. Proposal submittal summary form.
b. Certificate of insurance.
c. References from at least three firms for whom Operator provided similar services.
d. Statement of past contract disqualification.
Project Approach.
a. Provide a narrative that describes the Operator’s vision and approach to this project.
Narratives should describe how the project aligns with the Scope of Work outlined in the
Section B, and should specifically include:
• Operator’s proposed bicycle specification including a description of the weight,
materials, number of gears, tire size, braking system, light system, reflective
elements, bell, locking mechanism, cargo storage, accessibility, ability to tackle
hills and non-flat terrain, and other relevant bike elements.
• Docking station design, power needs, installation and removal needs, footprint,
and any other relevant information.
• Map of the conceptual program area and methodology for determining locations.
• Timeline and approach to rollout, including plan for a single or phased launch.
• Customer service approach including how the Operator will accommodate and/or
work with the City's current services.
• The process for when bikes are inappropriately docked, when a user wants to
return a bike to full docking station and/or rent a bike from an empty station.
b. Provide a scope and schedule that includes all tasks, sub-tasks, dates, and deliverables.
c. Describe any assumptions critical to development to Operator’s response which may
impact scope or timeline.
Qualifications. Provide brief background of Operator’s business(es) and general areas of
expertise. Describe experience with public sector Bikeshare programs. Identify the roles that
individual team members will serve over the course of the project, including the local operations
team, and describe their qualifications including years of service with current firm, and resumes
as appropriate. If Operator will subcontract portions of the work, list subcontractors to be used.
Contracts and Terms.
a. Please provide a preliminary draft of the Service Level Agreement.
b. The Agencies desire to begin work soon after selecting the preferred Operator and
expects the Operator to execute the City’s contract and all of the terms therein, as set
forth in Exhibit A. To expedite the contracting process, each submittal shall include
requested redlined changes to terms and conditions contained in this RFP, if necessary.
Please be advised that the Operator’s requested changes to the City’s terms and
conditions will be considered when scoring and determining the competency and
responsibility of the proposer.
Attachment A, Page 11 of 35
-10-
2.Proposal Evaluation and Selection. Proposals will be evaluated by a review committee comprised
of City staff, Cal Poly personnel, and/or nonprofit partners. The committee will evaluate proposals
based on the table below:
Criteria Weights
Responsiveness 10%
The proposal demonstrates that the Operator meets all requirements set forth in this RFP and
supplies all necessary forms, attachments, and documentation. The narrative section addresses
all specifications contained in Section B Scope of Work.
Operational Experience 40%
Operator demonstrates successes in planning, launching, operating, and maintaining Bikeshare
Systems with municipal or other public sector partners. Operator has experience launching and
marketing a new system and hitting growth targets, operating an effective customer service
model, and maintaining a System in a state of good repair. This criterion will take account the
experience of the assigned project manager and other key team members, and well as
references from municipal bicycle share partners.
Financial and Technical Capacity 30%
Operator demonstrates the financial capacity to self-fund the bicycle share system and
proposes a business model that minimizes costs and enables steady future expansion. Operator
details a data-driven approach to monitor System success and improve over time. Operator
demonstrates that the Operator will fulfill the data privacy and other technology requirements
specified in this RFP and demonstrates expertise in user interface (UI) and user experience (UX)
across multiple computer platforms and mobile devices.
Community Values 10%
Proposal demonstrates an understanding of the San Luis Obispo community and culture.
Operator has experience facilitating community engagement to inform Bikeshare Systems. The
proposed approach addresses local concerns including diversity, equity and inclusion, public
safety, nuisance parking, and aesthetics.
Additional Bikeshare Elements 10%
Operator may, at its optional discretion, provide services, capacity, and strategies above and
beyond the minimum standards established in this RFP. Additional points will be awarded for
the Additional Bikeshare Elements specified in Section B Scope of Work.
The Committee may choose to select the three (3) highest ranked applicants to be interviewed. If
so, the short-listed Operators will be notified by the City of the date, time and place for their
interviews and any other pertinent information. The project manager, key staff, and a bicycle
must be present at interview. Within a reasonable period of time after the last interview, the
Committee shall select the successful applicant based on qualifications and performance at the
interview. After evaluating the proposals and discussing them further with the finalists or the
tentatively selected Operator, the City reserves the right to further negotiate the proposed work
and/or method, approach, and schedule.
As reflected above, contract award will not be based solely on price, but on a combination of
factors as determined to be in the best interest of the Agencies. After evaluating the proposals
and discussing them further with the finalists or the tentatively selected Operator, the City
reserves the right to further negotiate the proposed work and contract.
3.Proposal Review and Award Schedule. The following is an outline of the anticipated schedule for
proposal review and contract award:
Attachment A, Page 12 of 35
-11-
a. Issue RFP [date]
b. Pre-Proposal Conference (optional) [date]
c. Receive proposals [date]
d. Complete proposal evaluations [date]
e. Conduct finalist interviews and finalize recommendation [date]
f. Execute contract [date]
g. Start work [date]
4. Pre-Proposal Conference. An optional pre-proposal conference will be held at the following
location, date, and time to answer any questions that prospective bidders may have regarding
this RFP:
[Day, Date, Time]
[LOCATION]
5. Release of Reports and Information. Any reports, information, data, or other material given to,
prepared by, or assembled by the Operator as part of the work or services under these
specifications shall be the property of the City and Cal Poly and shall not be made available to any
individual or organization by the Operator without the prior written approval of the City or Cal
Poly.
6. Copies of Reports and Information. If the City or Cal Poly requests additional copies of reports,
drawings, specifications, or any other material in addition to what the Operator is required to
furnish in limited quantities as part of the work or services under these specifications, the
Operator shall provide such additional copies as are requested, and City or Cal Poly shall
compensate the Operator for the costs of duplicating of such copies at the Operator's direct
expense.
7. Required Deliverable Products. The Operator will be required to provide:
h. One electronic submission - digital-ready original .pdf of all final documents. If you wish
to file a paper copy, please submit in sealed envelope to the address provided in the RFP.
i. Corresponding computer files compatible with the following programs whenever possible
unless otherwise directed by the project manager:
Word Processing: MS Word
Spreadsheets: MS Excel
Desktop Publishing: InDesign
Virtual Models: Sketch Up
Digital Maps: Geodatabase shape files in State Plan Coordinate
System as specified by City GIS staff
j. City and Cal Poly staff will review any documents or materials provided by the Operator
and, where necessary, the Operator will be required to respond to staff comments and
make such changes as deemed appropriate.
ALTERNATIVE PROPOSALS
8. Alternative Proposals. The proposer may submit an alternative proposal (or proposals) that it
believes will also meet the City's and Cal Poly’s project objectives but in a different way. In this
Attachment A, Page 13 of 35
-12-
case, the proposer must provide an analysis of the advantages and disadvantages of each of the
alternative and discuss under what circumstances the City or Cal Poly would prefer one alternative
to the other(s).
9. Attendance at Meetings and Hearings. As part of the work scope, the Operator will participate in
regular team meetings to give updates; coordinate, participate in, and provide collateral materials
for public agency meetings including City Council meetings and campus leadership meetings as
requested, and acquire necessary information as appropriate to complete the scope of work.
10. Accuracy of Specifications. The specifications for this project are believed by the City and Cal Poly
to be accurate and to contain no affirmative misrepresentation or any concealment of fact.
Bidders are cautioned to undertake an independent analysis of any test results in the
specifications, as City does not guaranty the accuracy of its interpretation of test results contained
in the specifications package. In preparing its proposal, the bidder and all subcontractors named
in its proposal shall bear sole responsibility for proposal preparation errors resulting from any
misstatements or omissions in the plans and specifications that could easily have been
ascertained by examining either the project site or accurate test data in the City's and Col Poly’s
possession. Although the effect of ambiguities or defects in the plans and specifications will be as
determined by law, any patent ambiguity or defect shall give rise to a duty of bidder to inquire
prior to proposal submittal. Failure to so inquire shall cause any such ambiguity or defect to be
construed against the bidder. An ambiguity or defect shall be considered patent if it is of such a
nature that the bidder, assuming reasonable skill, ability, and diligence on its part, knew or should
have known of the existence of the ambiguity or defect. Furthermore, failure of the bidder or
subcontractors to notify City and/or Cal Poly in writing of specification or plan defects or
ambiguities prior to proposal submittal shall waive any right to assert said defects or ambiguities
subsequent to submittal of the proposal.
To the extent that these specifications constitute performance specifications, the City and Cal Poly
shall not be liable for costs incurred by the successful bidder to achieve the project’s objective or
standard beyond the amounts provided there for in the proposal.
In the event that, after awarding the contract, any dispute arises as a result of any actual or alleged
ambiguity or defect in the plans and/or specifications, or any other matter whatsoever, Operator
shall immediately notify the City and Cal Poly in writing, and the Operator and all subcontractors
shall continue to perform, irrespective of whether or not the ambiguity or defect is major,
material, minor or trivial, and irrespective of whether or not a change order, time extension, or
additional compensation has been granted by City or Cal Poly. Failure to provide the hereinbefore
described written notice within one (1) working day of Operator's becoming aware of the facts
giving rise to the dispute shall constitute a waiver of the right to assert the causative role of the
defect or ambiguity in the plans or specifications concerning the dispute.
Attachment A, Page 14 of 35
-13-
H. PROPOSAL SUBMITTAL FORM
The undersigned declares that she or he:
◼ Has carefully examined this RFP including all exhibits, which is hereby made a part of this
proposal.
◼ Is thoroughly familiar with its contents.
◼ Is authorized to represent the proposing firm.
◼ Agrees to perform the work as set forth in this proposal.
☐ Certificate of insurance attached; insurance company’s A.M. Best rating: __________________.
Firm Name and Address
Contact Phone
Signature of Authorized Representative
Date
Attachment A, Page 15 of 35
-14-
REFERENCES
Number of years engaged in providing the services included within the scope of the specifications under
the present business name: .
Describe fully the last three contracts performed by your firm that demonstrate your ability to provide
the services included with the scope of the specifications. Ideally the references would be municipal or
public agencies that partnered with your firm in launching a Bikeshare System. Attach additional pages if
required. The City reserves the right to contact each of the references listed for additional information
regarding your firm's qualifications.
Reference No. 1:
Agency Name
Contact Name
Telephone & Email
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and project outcome.
Reference No. 2:
Agency Name
Contact Name
Telephone & Email
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and project outcome.
Attachment A, Page 16 of 35
-15-
Reference No. 3
Agency Name
Contact Name
Telephone & Email
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and project outcome.
Attachment A, Page 17 of 35
-16-
STATEMENT OF PAST CONTRACT DISQUALIFICATIONS
The proposer shall state whether it or any of its officers or employees who have a proprietary interest in
it, has ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal,
state, or local government project because of the violation of law, a safety regulation, or for any other
reason, including but not limited to financial difficulties, project delays, or disputes regarding work or
product quality, and if so to explain the circumstances.
◼ Do you have any disqualification as described in the above paragraph to declare?
Yes ☐ No ☐
◼ If yes, explain the circumstances.
Executed on at _______________________________________ under penalty of perjury of
the laws of the State of California, that the foregoing is true and correct.
______________________________________
Signature of Authorized Proposer Representative
Attachment A, Page 18 of 35
-17-
EXHIBIT A: FORM OF AGREEMENT
1.Parties: [Name of contractor] shall be referred to herein as Contractor. The City of San Luis Obispo
(the “City”) and California Polytechnic State University San Luis Obispo, as agent of the California
State University system (“CSU”) are collectively referred to as Agency or the Agencies. “Premises”
refers collectively to the properties owned by CSU and by the City and utilized by Contractor under
the terms of this Contract.
2.Term: The term of this Contract shall be from the date this Contract is made and entered, as first
written above, three (3) years from the date of commissioning of the Bikeshare System by
Contractor, or upon acceptance and completion of said Services, whichever occurs sooner.
Parties agree to memorialize in writing the date of commissioning in a future document.
3.Incorporation by Reference: The Notice Requesting Proposals/Qualifications for a City of San Luis
Obispo Bikeshare Program and Contractor’s proposal dated [date] are hereby incorporated in and
made a part of this Contract, attached as Exhibit 1.
4.Commencement of Work: Contractor shall not commence work under the Contract until
Contractor has received a fully executed Contract and been given written approval to proceed.
Any work performed by Contractor prior to the date of approval shall be considered as having
been performed at Contractor’s own risk and as a volunteer.
5.Contract Alterations & Integration: No alteration or variation of the Contract shall be valid unless
made in writing and signed by the Parties hereto, and no oral understanding or agreement not
incorporated in writing in the Contract shall be binding on any of the Parties hereto.
6.Severability: Contractor and Agencies agree that if any provision of this Contract is found to be
illegal or unenforceable, such term or provision shall be deemed stricken and the remainder of
the Contract shall remain in full force and effect. Any Party having knowledge of such term or
provision shall promptly inform the others of its presumed non-applicability of such provision.
Should the illegal or unenforceable provision be a material or essential term of the Contract, the
Contract shall be terminated in a manner commensurate with the interests of all Parties, to the
maximum extent reasonable.
7.Independent Status: Contractor and its employees and agents, and approved subcontractors, in
the performance of this Contract, shall act in an independent capacity and not as officers,
employees or agents of the Agencies or the State of California. While Contractor may be required
by this Contract to carry Worker’s Compensation Insurance, in no event shall Contractor and its
employees and agents be entitled to unemployment or workers’ compensation benefits from the
Agencies.
8.Licenses and Permits: At all times during the term of this Contract, Contractor shall have in full
force and effect, all licenses required of it by law for the performance of the Services described in
this Contract. The Contractor shall procure all permits and licenses, pay all charges and fees, and
give all notices necessary under this Contract.
9.Public and Employee Safety: Whenever Contractor’s operations on the property owned by the
Agencies create a condition hazardous to the public or Agency employees, it shall, at its expense
and without cost to the Agencies, furnish, erect, and maintain such fences, temporary railings,
barricades, lights, signs and other devices and take such other protective measures as are
necessary to prevent accidents, damage, or injury to the public and Agency employees.
10.Compliance with Law: The Contractor shall keep itself informed of and shall observe and comply
with all applicable State and Federal laws and regulations, and county and City of San Luis Obispo
ordinances, regulations and adopted codes, which in any manner affect those employed by
Contractor or in any way affect the performance of the Services pursuant to this Contract. The
Agencies, and their officers and employees, shall not be liable at law or in equity occasioned by
Attachment A, Page 19 of 35
-18-
failure of the Contractor to comply with this Section. Failure to comply with local ordinances may
result in monetary fines and cancellation of this Contract.
11. Governing Law: Any action arising out of this Contract shall be brought in the Superior Court of
San Luis Obispo County, California, regardless of where else venue may lie. The validity,
interpretation, construction and performance of this Contract, and all acts and transactions
pursuant hereto and the rights and obligations of the Parties hereto shall be governed, construed
and interpreted in accordance with the laws of the State of California, without giving effect to
principles of conflicts of law.
12. Appropriation of Funds
(a) If the term of this Contract extends into fiscal years subsequent to that in which it is approved
such continuation of the Contract is subject to the appropriation of funds for such purpose by
the governing bodies of the Agencies. If funds to effect such continued payment are not
appropriated, Contractor agrees to take back any commodities furnished under the Contract
and not yet paid for by Agencies, terminate any future services and commodities to be
supplied to the Agencies under the Contract, and relieve the Agencies of any further obligation
therefore.
(b) Agencies agree that if provision (a) above is involved, commodities shall be returned to
Contractor in substantially the same condition in which they were delivered, subject to normal
wear and tear. Agencies further agree to pay for packing crating, transportation to
Contractor's nearest facility and for reimbursement to Contractor for expenses incurred for
its assistance in such packing and crating.
13. Contractor's Power and Authority: Contractor warrants it has full power and authority to enter
into this Contract and will hold Agencies harmless from and against any loss, cost, liability, and
expense (including reasonable attorney fees) arising out of any breach of this warranty. Further,
Contractor shall not enter into any arrangement, agreement or contract with any third party that
might abridge any rights of the Agencies under this Contract.
14. Assignments: Contractor shall not assign or subcontract the services contemplated by this
Contract, either in whole or in part, without prior written consent from both Agencies.
15. Waiver of Rights: Any action or inaction by Agencies or the failure of Agencies on any occasion to
enforce any right or provision of this Contract shall not be a waiver by Agencies of their rights
hereunder and shall not prevent Agencies from enforcing such provision or right on any future
occasion. Agencies’ rights and remedies provided in this Contract shall not be exclusive and are in
addition to any other rights and remedies provided by law.
16. Time: Time is of the essence in the performance of this Contract.
17. Entire Contract: This Contract sets forth the entire agreement between the Parties with respect
to the subject matter hereof and shall govern the respective duties and obligations of each Party.
18. Termination: Upon mutual agreement by the Agencies, the Agencies may at any time, for any
reason, with or without cause, terminate this Contract, or any portion hereof, by serving upon the
Contractor written notice of termination. Upon receipt of said notice, the Contractor shall remove
or cause to be removed all facilities and other improvements installed by Contractor, and restore
Agencies’ property to the condition in which it existed prior to Agencies’ commencement of
services under this Contract, within ninety (90) days of the notice of termination.
19. Warranty: Contractor warrants that:
a. deliverables and services furnished hereunder will conform to the requirements of this
Contract (including, without limitation, all descriptions, specifications, and drawings
identified in the Statement of Work, if any), and
b. the deliverables will be free from defects in materials and workmanship. Where the
Parties have agreed to design specifications in the Statement of Work directly or by
Attachment A, Page 20 of 35
-19-
reference, Contractor warrants the deliverables shall provide all functionality required
thereby.
20.Safety and Accident Prevention: In performing work under this Contract on Agency premises,
Contractor shall conform to all specific safety requirements contained in this Contract or as
required by law or regulation. Contractor shall take all additional precautions as the Agencies may
reasonably require for safety and accident prevention purposes. Contractor’s violation of such
rules and requirements, unless promptly corrected, shall constitute a material breach of this
Contract.
21.Alterations to Premises: Written approval is required by the respective Agency prior to
commencement of any alterations or improvements made to its property. Contractor shall
comply with applicable rules and regulations of the City’s Municipal Code and procedures set forth
by the City’s Community Development Department and all applicable building codes in making
any approved alterations or improvements.
22.Responsibility for Damage. Contractor shall maintain the Premises in substantially the same
condition as existed immediately prior to execution of this Contract. Upon termination of this
Contract, Contractor shall return the Premises to in its original condition, except for ordinary wear
and tear and alterations approved by the Agencies pursuant to the “Alterations to Premises”
section of this Contract. If the Premises is damaged resulting from Contractor’s use of and
operations on the Premises, it shall be repaired and restored at the Contractor’s expense to its
original condition, except for the circumstances expressly identified in this Section.
23.Insurance Requirements: The Contractor shall not commence Work until it has obtained all the
insurance required in this Contract, and such insurance has been approved by the Agencies.
a.Policies and Coverage.
i.The Contractor shall obtain and maintain the policies and coverages as set forth
in Exhibits 2-A and 2-B.
ii.The Contractor also may be required to obtain other Insurance by agreement
between the Agencies and the Contractor.
b.Verification of Coverage.
i.The Contractor shall submit original certificates of insurance and endorsements
to the policies of insurance required by the Contract to the Agencies as evidence
of the insurance coverage. Renewal certifications and endorsements shall be
timely filed by the Contractor for all coverage until the Work is accepted as
complete. The Agencies reserve the right to require the Contractor to furnish the
Trustees complete, certified copies of all required insurance policies.
c.Insurance Provisions.
i.Nothing in these insurance provisions shall be deemed to alter the
indemnification provisions in this Contract. The insurance policies shall contain,
or be endorsed to contain, the following provisions.
1.For the general and automobile liability policies, the City of San Luis
Obispo, the State of California, the Trustees of the California State
University, the University, the officers, employees, representatives,
volunteers, and agents of all above-named entities are to be covered as
additional insureds.
2.For any claims related to the Work, the Contractor’s insurance coverage
shall be primary insurance as respects the City of San Luis Obispo, the
State of California, the Trustees of the California State University, the
University, their officers, employees, representatives, volunteers, and
agents. Any insurance or self-insurance maintained by the State of
California, the Trustees of the California State University, the University,
Attachment A, Page 21 of 35
-20-
their officers, employees, representatives, volunteers, and agents shall
be in excess of the Contractor’s insurance and shall not contribute with
it.
3. Each insurance policy required by this section shall state that coverage
shall not be canceled by either the Contractor or the insurance carrier,
except after thirty (30) Days prior written notice by certified mail, return
receipt requested, has been given to the Agencies.
4. The City of San Luis Obispo, the State of California, the Trustees of the
California State University, the University, their officers, employees,
representatives, volunteers, and agents shall not by reason of their
inclusion as additional insureds incur liability to the insurance carriers for
payment of premiums for such insurance.
d. Acceptability of Insurers. Insurers shall be licensed by the State of California to transact
insurance and shall hold a current A.M. Best’s rating of A:VII, or shall be a carrier
otherwise acceptable to the University.
e. Subcontractor’s Insurance. Contractor shall ensure that its subcontractors (approved by
Agencies pursuant to Section 14 of this Contract) are covered by insurance of the types
required by this Contract, and that the amount of insurance for each subcontractor is
appropriate for that subcontractor’s Work. Contractor shall not allow any subcontractor
to commence Work on its subcontract until the insurance has been obtained, and
approved by the Agencies.
f. Miscellaneous.
i. Any deductible under any policy of insurance required in this Contract shall be
Contractor’s liability.
ii. Acceptance of certificates of insurance by the Agencies shall not limit the
Contractor’s liability under the Contract.
iii. If the Agencies are damaged by the failure of Contractor to provide or maintain
the required insurance, the Contractor shall pay the Agencies for all such
damages.
iv. The Contractor’s obligations to obtain and maintain all required insurance are
non-delegable duties under this Contract.
v. The Contractor’s liability for damages proximately caused by acts of God (as
defined in Public Contract Code section 7105) and not involving Contractor
negligence shall be limited to five percent of the Contract.
24. General Indemnity: Contractor shall indemnify, defend, and hold harmless the City of San Luis
Obispo, the State of California, Board of Trustees of the California State University, CSU, and the
respective officers, agents and employees of the above-named entities (the “Indemnitees”) from
any and all costs, liability, damage or expense, including reasonable attorney’s fees and costs,
claimed by anyone by reason of injury or death of persons, or damage or destruction of property,
including property of Contractor, sustained as a result of Contractor’s performance of this
Contract. In the event Indemnitees are made a party to any action, lawsuit or other adversarial
proceeding arising from Contractor’s performance of this Contract, Contractor shall provide a
defense to the Indemnitees or at the Indemnitees’ option, reimburse the Indemnitees their costs
of defense, including reasonable legal fees, incurred in defense of such claims.
25. Use of Data: Contractor shall not utilize any non-public information it may receive by reason of
this Contract, for pecuniary gain not contemplated by this Contract, regardless whether
Contractor is or is not under contract at the time such gain is realized. Agency specific information
obtained by Contractor in the course of Contractor’s performance of this Contract is the property
Attachment A, Page 22 of 35
-21-
of respective Agency, and shall not be used in any manner by Contractor unless authorized in
writing by the respective Agency.
26.Confidentiality of Data
a.Contractor acknowledges the privacy rights of individuals to their personal information
that are expressed in the Information Practices Act (California Civil Code Section 1798 et
seq.) and in California Constitution Article 1, Section 1. Contractor shall maintain the
privacy of personal information and protected data as confidential information.
Contractor shall not use, disclose, or release confidential information contained in Agency
records without full compliance with applicable state and federal privacy laws, and this
Contract. Contractor further acknowledges and agrees to comply with Federal privacy
laws, such as the Gramm-Leach-Bliley Act (Title 15, United States Code, Sections 6801(b)
and 6805(b)(2)) applicable to financial transactions, and the Family Educational Rights and
Privacy Act (Title 20, United States Code, Section 1232) applicable to student education
records and information from student education records. Contractor shall maintain the
privacy of confidential information and shall be financially responsible for any
notifications to affected persons (after prompt consultation with Agencies) whose
personal information is disclosed by any security breach relating to confidential
information resulting from Contractor’s or its personnel’s acts or omissions. Further, If so
requested by the Agencies, Contractor shall be administratively responsible for providing
such notification in the most expedient time possible consistent with the methods
prescribed in California Civil Code 1798.29 and 1798.82.
b.Contractor further agrees that all financial, statistical, personal, technical and other data
and information relating to Agencies’ operations designated “confidential” by Agencies,
and not otherwise subject to disclosure under the California Public Records Act, and made
available to Contractor to perform this Contract or which become available to Contractor
while performing this Contract, shall be protected by Contractor using the same level of
care it takes to protect its own information of a similar nature, but in no event less than
reasonable care. If required by a court of competent jurisdiction or an appropriate
administrative body with legal authority to order the disclosure of confidential
information or protected data, Contractor will notify Agency in writing prior to any such
disclosure to give Agency an opportunity to oppose any such disclosure. Prior to any
disclosure of confidential information as required by legal process, Contractor shall: (1)
Notify Agency of any actual or threatened legal compulsion of disclosure, and any actual
legal obligation of disclosure, immediately upon becoming so obligated; and
c.Contractor shall cooperate with any litigation or investigation proceedings concerning
protected data loss or other breach of Contractor’s obligations under this Contract. Any
access, transmission, or storage of protected data outside the United States must be
approved in writing by Agency in advance. Contractor’s failure to comply with any
provision of this Section shall constitute a material breach of the Contract.
27.Examination and Audit
For contracts in excess of $10,000, Contractor shall be subject to the examination and audit by
(a) the Office of the University Auditor, and
(b) the Bureau of State Audits, for a period of three (3) years after final payment under the
Contract. The examination and audit shall be confined to those matters connected with the
performance of the contract, including, but not limited to, the costs of administering the Contract.
Note: Authority Cited: Government Code Section 8546.7; Education Code Section 89045(c&d),
respectively.
28.Dispute: Any dispute arising under or resulting from this Contract that is not resolved within 60
days of time by authorized representatives of Contractor and CSU shall be brought to the
Attachment A, Page 23 of 35
-22-
attention of Contractor’s Chief Executive Officer (or designee) and CSU’s Chief Business Officer
(or designee) for resolution. Either Contractor or CSU may request that the CSU Vice Chancellor,
Business and Finance (or designee) participate in the dispute resolution process to provide advice
regarding CSU contracting policies and procedures. If this informal dispute resolution process is
unsuccessful, the Parties may pursue all remedies not inconsistent with this Contract. Despite an
unresolved dispute, Contractor shall continue without delay in performing its responsibilities
under this Contract. Contractor shall accurately and adequately document all service it has
performed under this Contract. City retains, without waiving any other rights and remedies under
this Contract or applicable law, the opportunity to participate in the dispute resolution process
stated herein, but is not obligated to do so.
29.Conflict of Interest: Agencies requires a Statement of Economic Interests (California Form 700) to
be filed by any Consultant (or Contractor) who is involved in the making or participation in the
making of decisions which may foreseeably have a material effect on any Agency financial
interest.
30.Endorsement: Nothing contained in this Contract shall be construed as conferring on any Party,
any right to use the other Parties’ names as an endorsement of product/service or to advertise,
promote or otherwise market any product or service. Furthermore, nothing in this Contract shall
be construed as endorsement of any commercial product or service by the Agencies, its officers
or employees.
31.Covenant Against Gratuities: Contractor shall warrant that no gratuities (in the form of
entertainment, gifts, or otherwise) were offered or given by Contractor, or any agent or
representative of Contractor, to any officer or employee of Agencies with a view toward securing
the Contract or securing favorable treatment with respect to any determinations concerning the
performance of the Contract. For breach or violation of this warranty, Agencies shall have the
right to terminate the Contract, either in whole or in part. Agencies’ rights and remedies provided
in this clause shall not be exclusive and are in addition to any other rights and remedies provided
by law, equity or under the Contract.
32.Nondiscrimination:
a.During the performance of this Contract, Contractor and its subcontractors shall not
unlawfully discriminate, harass or allow harassment, against any employee or applicant
for employment because of sex, sexual orientation, race, color, ancestry, religious creed,
national origin, disability (including HIV and AIDS), medical condition, age, marital status,
and denial of family care leave. Contractor and subcontractors shall insure that the
evaluation and treatment of their employees and applicants for employment are free
from such discrimination and harassment.
b.Contractor and subcontractors shall comply with the provisions of the Fair Employment
and Housing Act (Government Code, Section 12990 et seq.) and the applicable regulations
promulgated thereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.).
The applicable regulations of the Fair Employment and Housing Commission
implementing Government Code Section 12990 (a f), set forth in Chapter 5 of Division 4
of Title 2 of the California Code of Regulations are incorporated into this Contract by
reference and made a part hereof as if set forth in full. Contractor and its subcontractors
shall give written notice of their obligations under this clause to labor organizations with
which they have a collective bargaining or other agreement.
c.Contractor shall include the nondiscrimination and compliance provisions of this clause
in all subcontracts to perform work under the Contract.
33.Compliance with NLRB Orders: Contractor declares under penalty of perjury under the laws of
the State of California that no more than one final, unappeasable finding of contempt of court by
a federal court has been issued against Contractor within the immediately preceding two-year
Attachment A, Page 24 of 35
-23-
period because of Contractor's failure to comply with an order of a federal court to comply with
an order of the National Labor Relations Board. Note: Cite Authority: PCC 10296
34. Drug-Free Workplace Certification: Contractor certifies that Contractor shall comply with the
requirements of the Drug-Free Workplace Act of 1990 and shall provide a drug-free workplace by
taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution,
dispensation, possession, or use of a controlled substance is prohibited and specifying
actions to be taken against employees for violations
b. Establish a Drug-Free Awareness Program to inform employees about all of the following:
i. the dangers of drug abuse in the workplace;
ii. the person's or organization's policy of maintaining a drug-free workplace;
iii. any available counseling, rehabilitation and employee assistance programs; and,
iv. penalties that may be imposed upon employees for drug abuse violations.
c. Provide that every employee who works on the proposed or resulting Contract:
i. will receive a copy of the company's drug-free policy statement; and,
ii. will agree to abide by the terms of the company's statement as a condition of
employment on the Contract. Note: Authority Cited: Government Code Section
8350-8357
35. Forced, Convict, Indentured and Child Labor: By accepting a contract with CSU, Contractor:
a. certifies that no equipment, materials, or supplies furnished to CSU pursuant to this
Contract have been produced in whole or in part by sweatshop labor, forced labor, convict
labor, indentured labor under penal sanction, abusive forms of child labor or exploitation
of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor,
convict labor, indentured labor under penal sanction, abusive forms of child labor or
exploitation of children in sweatshop labor. Contractor further certifies it will adhere to
the Sweat-free Code of Conduct as set forth on the California Department of Industrial
Relations website located at http://www.dir.ca.gov/, and Public Contract Code Section
6108.
b. agrees to cooperate fully in providing reasonable access to its records, documents, agents
or employees, or premises if reasonably required by authorized officials of the State, the
Department of Industrial Relations, or the Department of Justice to determine
Contractor's compliance with the requirements under paragraph (A).
36. Recycled Content Certification: To the extent that services involve the supply of post-consumer
materials (see below) Contractor shall certify in writing the minimum, if not exact, percentage of
post-consumer material, as defined in Public Contract Code Section 12200, in products, materials,
goods, or supplies offered or sold to CSU regardless whether the product meets the requirements
of Section 12209. With respect to printer or duplication cartridges that comply with the
requirements of Section 12156(e), the certification required by this subdivision shall specify that
the cartridges so comply (PCC 12205).
37. Americans With Disabilities Act (ADA): Contractor warrants that it complies with California and
federal disabilities laws and regulations. (Americans with Disabilities Act of 1990,42 U.S.C. 12101
et seq). Contractor hereby warrants the products or services it will provide under this Contract
comply with the accessibility requirements of Section 508 of the Rehabilitation Act of 1973, as
amended (29 U.S.C. 794d), and its implementing regulations set forth at Title 36, Code of Federal
Regulations, Part 1194. Contractor agrees to promptly respond to and resolve any complaint
regarding accessibility of its products or services. Contractor further agrees to indemnify and hold
harmless Agencies from any claims arising out of Contractor’s failure to comply with the aforesaid
requirements. Failure to comply with these requirements shall constitute a material breach of this
Contract.
Attachment A, Page 25 of 35
-24-
38. Debarment and Suspension: By accepting a contract with the CSU, Contractor certifies neither it
nor its principals or its subcontractors are presently debarred, suspended, proposed for
debarment, declared ineligible or voluntarily excluded from participation in this transaction by
any federal department or agency (2 Code Federal Regulations[CFR] 180.220, in accordance with
the Office of Management and Budget guidelines at 2 CFR 180 that implement Executive Orders
12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3 CFR Part 1989 Comp., p. 235)).
39. Expatriate Corporations: Contractor declares and certifies that it is not an expatriate corporation,
and is not precluded from contracting with CSU by The California Taxpayer and Shareholder
Protection Act of 2003, Public Contract Code Section 10286, et seq.
40. Loss Leader: Contractor certifies and declares it is not engaged in business within this State of
California to sell or use any article or product as a "loss leader" as defined in Section 17030 of the
Business and Professions Code. Note: Authority Cite: (PCC 12104.5(b).)
41. DVBE and Small Business Participation
a. If Contractor has committed to achieve small business (SB) participation it shall, within 60
days of receiving final payment under this Contract (or within such other time period as
may be specified elsewhere in this Contract), report to CSU: (1) the name and address of
the SB(s) who participated in the performance of the Contract; (2) the total amount the
prime Contractor received under the Contract; and (3) the amount each SB received from
the prime Contractor.(Govt. Code § 14841.)
b. If Contractor has committed to achieve disabled veteran business enterprise (DVBE)
participation, it shall, within 60 days of receiving final payment under this Contract (or
within such other time period as may be specified elsewhere in this Contract), report to
CSU:
i. the name and address of the DVBE(s) who participated in the performance of the
Contract;
ii. the total amount the prime Contractor received under the Contract; and
iii. the amount each DVBE received from the prime Contractor. The Contractor shall
also certify that all payments under the Contract have been made to the DVBE. A
person or entity that knowingly provides false information shall be subject to a
civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.)
42. Contractor’s Staff: Contractor warrants that its staff assigned to performing work under this
Contract are legally able to perform such duties in the country where the work is being performed.
43. Force Majeure
a. No Party shall be liable for any failure to perform its obligations under this Contract for
the period of time that it is prevented, hindered, or delayed in performing those
obligations by circumstances beyond its control, including, but not limited to, fire, strike,
war, riots, acts of terrorism, disaster, acts of God, acts of any governmental authority,
communicable disease outbreak, epidemic or pandemic, unavailability or shortages of
labor, materials, or equipment, disruption of transportation, or any other comparable
event beyond the control of the Party whose performance is affected (each, a “Force
Majeure Event.”).
b. The Party claiming Force Majeure shall, as soon as reasonably practicable after the
occurrence of a Force Majeure Event, provide written notice to the other Parties of the
nature, extent, and expected duration of the Force Majeure Event and use its diligent
efforts to mitigate the effects of the Force Majeure Event upon such Party’s performance
under this Contract, it being understood that upon completion of the Force Majeure
Event, the Party whose performance was affected must, as soon as reasonably
practicable, recommence the performance of its obligations under this Contract.
Attachment A, Page 26 of 35
-25-
c. Notwithstanding any other term in this Contract, including, but not limited to, the
foregoing subsections of this section, during the period of a Force Majeure Event affecting
performance by Contractor, Agencies may elect to do all or any of the following:
i. extend the time for Contractor’s performance by a period equal to the duration
of the Force Majeure Event; and/or
ii. terminate the Contract.
44. Material Change of Circumstances: The terms of this Contract are based on conditions in
existence on the date that Contractor commences performance. In the event of a material change
in the conditions that adversely affects the ability of Contractor to perform its obligations,
Contractor shall reasonably cooperate with Agencies to minimize the impact from such change in
conditions on Contractor’s performance and shall, if requested by Agencies, negotiate in good
faith to adjust the terms of this Contract on a mutually agreeable basis to address the impact of
such material change in conditions. This provision shall not limit Agencies’ ability to avail
themselves of any rights or remedies provided to Agencies by law, equity or any other term of
this Contract.
45. Notice. All written notices to the parties hereto shall be sent by United States mail, postage
prepaid by registered or certified mail addressed as follows:
City CSU
Office of Sustainability [Addressee]
City of San Luis Obispo [Street Address]
990 Palm Street
San Luis Obispo, CA 93401
CONTRACTOR
[Addressee]
[Street address]
46. Contract Amendment. Any amendment, modification, or variation from the terms of this Contract
shall be in writing and shall be effective only upon approval by the City Manager of the City and
the [ ] on behalf of CSU.
Attachment A, Page 27 of 35
-26-
EXHIBIT B-1: CITY’S INSURANCE REQUIREMENTS
The Contractor shall procure and maintain for the duration of the contract insurance against claims
for injuries to persons or damages to property which may arise from or in connection with the
performance of the work hereunder by the Contractor, its agents, representatives, employees, or
subcontractors.
Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1
(any auto).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability
Insurance.
Minimum Limits of Insurance. Contractor shall maintain limits no less than:
1. General Liability: $2,000,000 per occurrence for bodily injury, personal injury, and property
damage. If Commercial General Liability or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to this project/location or the general
aggregate limit shall be twice the required occurrence limit of $4,000,000.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to
and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such
deductibles or self-insured retentions as respects the City, its officers, officials, employees, and
volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be
endorsed to contain, the following provisions:
1. The City, its officers, officials, employees, agents, and volunteers are to be covered as insureds
as respects: liability arising out of activities performed by or on behalf of the Contractor;
products and completed operations of the Contractor; premises owned, occupied or used by
the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The
coverage shall contain no special limitations on the scope of protection afforded to the City,
its officers, official, employees, agents, or volunteers.
2. For any claims related to this project, the Contractor's insurance coverage shall be primary
insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any
insurance or self-insurance maintained by the City, its officers, officials, employees, agents,
or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.
3. The Contractor's insurance shall apply separately to each insured against whom claim is made
or suit is brought, except with respect to the limits of the insurer's liability.
4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not
be suspended, voided, canceled by either party, reduced in coverage or in limits except after
thirty (30) days' prior written notice by certified mail, return receipt requested, has been
given to the City.
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of
no less than A: VII.
Attachment A, Page 28 of 35
-27-
Verification of Coverage. Contractor shall furnish the City with a certificate of insurance showing
maintenance of the required insurance coverage. Original endorsements effecting general liability
and automobile liability coverage required by this clause must also be provided. The endorsements are
to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements
are to be received and approved by the City before work commences.
Attachment A, Page 29 of 35
Exhibit B-2
Rev 7/2/08
INSURANCE REQUIREMENTS
The Contractor will maintain all necessary Insurance as required herein. The Contractor shall provide a Certificate of
Insurance upon award of a Service Agreement with appropriate endorsements indicating that the required coverage is in effect on an
annual basis, or for the duration of the Service Agreement. Contractor agrees to provide, or cause their insurance carrier t o provide,
at least 30 days written notice prior to cancellation or modification (10 days advance w ritten notice for non payment) of such liability
insurance. In the event the insurance coverage expires at any time or times during the term of the Service Agreement, Contra ctor
agrees to provide at least 15 days prior to said expiration date, a new certificate of insurance evidences coverage as provid ed herein
for not less than the remainder of the term of the Service Agreement, or for a period of not less that one year. New certifi cates of
insurance are subject to the approval of the CS U, and Contractor agrees that no work or services shall be performed prior to the
giving of such approval. In the event the Contractor fails to keep in effect at all times insurance coverage as herein provi ded, the
CSU may in addition to any other remedies it may have, terminate this Service Agreement upon the occurrence of such event.
Contractor agrees to waive their right of subrogation against the CSU for any claims.
Insurance to be placed with the California Admitted insurer with current A.M. Best’s rating of no le ss that A:VII unless
otherwise approved by the CSU.
If any Insurance required herein is written on a claims -made form, following the termination of this Agreement, coverage
shall survive for a period of not less than three years. Coverage shall provide for a retroactive date of placement coincidi ng with the
Agreement commencement date.
Commercial General Liability Coverage (as broad as ISO occurrence for CG0001) primary insurance coverage against
claims for injuries to persons or damages to property a nd/or damages to property and/or contractual liability which may arise from or
in connection with the performance of the work or operations hereunder by or on behalf of the Contractor, its agents, represe ntatives
or employees in an amount not less that $1,000,000.00 (One million dollars) per occurrence; $2,000,000.00 (Two million dollar s)
aggregate.
Endorsements shall designate:
The State of California, Trustees of the California State University, California Polytechnic State University San
Luis Obispo, and each of their officers, officials, employees, authorized representatives, agents and volunteers, the “CSU”, as
additional insured(s).
Endorsements shall state this insurance shall be primary as respects the CSU, or if excess, shall stand in an unbroken chain
of coverage excess of the Named Insured’s scheduled underlying primary coverage. In either event, any other insurance mainta ined
by the University scheduled above shall be in excess of this insurance and shall not be called upon to contribute w ith it.
Business Auto Liability Coverage (as broad as ISO form number CA 0001, code 1 any auto) primary insurance against
claims for injuries to persons or damages to property and/or contractual liability which may arise from or in connection with the
performance of the work hereunder by the Contractor, its agents, representatives or employees covering owned, hired, leased a nd
non-owned automobiles used by or on behalf of the Contractor, including coverage for uninsured and underinsured motorists, in an
amount not less than $1,000,000.00 (One million dollars) per occurrence.
Endorsement shall designate:
The State of California, Trustees of the California State University, California Polytechnic State University San
Luis Obispo, and each of their officers, officials, employees, authorized representatives, agents and volunteers, the “CSU”, as
additional insured(s).
Endorsement shall state that this insurance shall be primary as respects the CSU, or if excess, shall stand in an unbroken
chain of coverage excess of the Named Insured’s schedule underlying primary coverage. In either event, any other insurance
maintained by the CSU scheduled above shall be in excess of this insurance and shall not be called upon to contribute with it .
Contractors who are sole proprietors and are using automobiles for personal transportation only may submit proof of
automobile insurance as required by California law.
Attachment A, Page 30 of 35
Worker’s Compensation and Employer’s Liability Coverage:
The Contractor shall provide the following coverage:
Primary insurance coverage against claims with respect to obligations imposed on the Contractor and sub contractors by
State worker’s compensation statues and damages that the contractor becomes legally obligated to pay because of bodily injury by
accident or disease to an employee.
Minimum limits: amount proscribed by California law for Worker’s Compensation, $1,000,000 for Employer’s Liability.
Endorsement shall state that the insurer waives their right of subrogation against the CSU
Sole Proprietors Exclusion
Contractors who are sole proprietors or are otherwise excluded from state requirements for workers compensation coverage
may:
1)Submit proof of health insurance as broad as statutorily required by the State of California for employees and either
submit proof of disability insurance as broad as statutorily required by the State of California for employees
OR
2)Execute a Release Agreement with the University regarding the contract activities to be performed.
Attachment A, Page 31 of 35
CERTIFICATE OF INSURANCE
CALIFORNIA POLYTECHNIC STATE UNIVERSITY SAN LUIS OBISPO
ISSUE DATE:
PRODUCER THIS CERTIFICATE OF INSURANCE IS NOT AN INSURANCE POLICY AND DOES NOT
AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
BEST’S
COMPANIES RATING/SIZE
COMPANY
LETTER A
COMPANY
LETTER B
COMPANY
LETTER C
COMPANY
LETTER D
INSURED
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY
REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY BE ISSUED OR MAY PERTAIN, THE
INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID
CLAIMS.
TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE
DATE (MM/DD/YY)
POLICYEXPIRATION
DATE (MM/DD/YY)
ALL LIMITS IN THOUSANDS
d GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE OCCUR
OTHER
GEN’L AGGREGATE LIMIT APPLIES PER
POLICY PROJECT LOCATION
GENERAL AGGREGATE $
PRODUCTS-COMP/OPS AGGREGATE $
PERSONAL & AD INJURY $
EACH OCCURRENCE $
FIRE DAMAGE (any one fire) $
MEDICAL EXPENSE (one person) $
DEDUCTIBLE/S.I.R. $
AUTOMOBILE LIABILITY
OWNED ANY AUTO
HIRED
NON-OWNED
GARAGE LIABILITY
COMBINED SINGLE LIMIT $
BODILY INJUR Y (per person) $
BODILY INJUR Y (per accident) $
PROPERTY DAMAGE $
DEDUCTIBLE/S.I.R. $
WORKERS' COMPENSATION
AND EMPLOYERS' LIABILITY
THE PROPRIETOR/ INCL
PARTNERS/EXECUTIVE EXCL
OFFICERS ARE
WC STATUTORY
EL EACH ACCIDENT $
EL DISEASE-POLICY LIMIT $
EL DISEASE-EACH EMPLOYEE $
PROFESSIONAL LIABILITY
PROFESSIONAL
ERRORS & OMISSIONS
CLAIMS MADE OCCUR
EXTENDED REPORTING
BASIC SUPPLEMENTAL
CLAIM/OCCURRENCE $
AGGREGATE $
DEDUCTIBLE/S.I.R. $
EXCESS LIABILITY
UMBRELLA EXCESS
CGL AL EL PL
EACH OCCURRENCE $
AGGREGATE $
PROPERTY INSURANCE
CP BPP
IMP/BETTERMENTS
INLAND MARINE
BUILDER’S RISK
INSTALLATION FLOATER
ALL RISK
AMOUNT OF INSURANCE $
BUILDING $
PERS PROPERTY $
OTHERS PROPERTY $
DEDUCTIBLE/S.I.R. $
DESCRIPTION OF OPERATIONS/CONTRACT OR PURCHASE ORDER #/LOCATION/VEHICLES/RESTRICTION/SPECIAL ITEMS/INTERESTS
THE FOLLOWING PROVISIONS APPLY:
1.The State of California, the Trustees of the California State University, California Polytechnic State University San Luis Obispo, and each of their officers,
officials, employees, authorized representatives, agents, and volunteers, the “University” is designated as ADDITIONAL INSURED. (Automobile, Excess, and
General Liability Insurance described above, if any)
2.The University is designated as the LOSS PAYEE on the Property Insurance described above, it any.
3.The insurance described above is primary as respects the University or if excess, shall stand in an unbroken chain of coverage excess of the Named
Insured’s scheduled underlying primary coverage. In either event, any other insurance maintained by the University scheduled above shall be in excess of
this insurance and shall not be called upon to contribute with it.
4.The Insurers named above waive any right of recovery the Insurers may have against the University when the insured has agreed to such waiver in writing
prior to loss. (Automobile, Employer’s, Environmental, Excess, General, Worker’s Compensation Liability and Property Insurance described above, if any.)
5.Thirty (30) days advance written notice of cancellation and/or ten (10) days advance written notice of cancellation for non-payments of the policies described
above will be provided to the University.
CERTIFICATE HOLDER
California Polytechnic State University
San Luis Obispo, California 93407
Attn: Contract & Procurement Services
AUTHORIZED REPRESENTATIVE
SIGNATURE
TITLE
PHONE NO.
Attachment A, Page 32 of 35
Reproduction of Insurance Services Office, Inc. Form
INSURER:
AUTOMOBILE LIABILITY SPECIAL ENDORSEMENT FOR CALIFORNIA
POLYTECHNIC STATE UNIVERSITY
SUBMIT IN DUPLICATE
Endorsement #______________
Issue Date_________________
PRODUCER
Telephone
POLICY INFORMATION:
Insurance Company:
Policy No.:
Policy Period: (from)
(to)
LOSS ADJUSTMENT EXPENSE Included in
Limits
In addition
to Limits
Deductible Self-Insured Retention (check
which) of $________
NAMED INSURED APPLICABILITY. This insurance pertains to the
operation and/or tenancy of the named insured
under all written agreements and permits in force
with the University unless checked here in
which case only the following specific
agreements and permits with the University are
covered:
AGREEMENTS/PERMITS
TYPE OF INSURANCE OTHER PROVISIONS
COMMERCIAL AUTO POLICY
BUSINESS AUTO POLICY
OTHER______________________
LIMITS OF LIABILITY CLAIMS: Underwriter’s representative for claims
pursuant to this insurance.
Name:
________________________________________
Address:
________________________________________
Telephone: ( ) ________________________
$ _______________ per accident, for bodily injury and property damage
In consideration of the premium charge and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any endorsement now or hereafter attached
thereto, it is agreed as follows:
1.INSURED: State of California, Trustees of the California State University, California Polytechnic State University San Luis Obispo, and each of their officers, officials,
employees, authorized representatives, agents and volunteers, “the University” is designated as insured with regard to damages and defen se of claims arising from: the ownership,
operation, maintenance, use, loading or unloading of any auto owned, scheduled, hired or non owned by the Named Insured, or for which the Na med Insured is responsible.
2. CONTRIBUTION NOT REQUIRED. As respects work performed by the Named Insured for or on behalf of the University, the insurance afforded by this policy shall: (a) be primary
insurance as respects the University; or (b) stand in an unbroken chain of coverage excess of the Named Insured's primary coverage. Any insurance or self-insurance maintained by the
University shall be excess of the Named Insured's insurance and not contribute with it.
3. CANCELLATION NOTICE. With respect to the interests of the University, this insurance shall not be canceled, changed, or modified except after thirty (30) days advance written
notice has been given to the University. (10 days advance written notice for non-payment)
4. SCOPE OF COVERAGE. This policy affords coverage at least as broad as:
(a) If primary, Insurance Services Office Form Number CA 00 01 (Ed. 1/87), (owned, non owned, hired autos); or (b) if excess, affords coverage which is at least as broad as the primary
insurance forms referenced in the preceding Section (a).
5. RIGHT OF RECOVERY. Insurer named above waives any right of recovery the Insurer may have against the University when the Insured has agreed to such waiver in writing prior to
loss.
Except as stated above, nothing herein shall be held to waive, alter or extend any of the limits conditions, agreements or exclusions of the policy to which this endorsement is attached.
ENDORSEMENT HOLDER
California Polytechnic State University
San Luis Obispo, CA 93407
ATTN: Contract and Procurement Services
AUTHORIZED
REPRESENTATIVE
Broker/Agent Underwriter
____________ (other)
I,_______________________________(print/typ
e name), warrant that I have authority to bind
the above-mentioned insurance company, and
by my signature hereon do so bind this
company to this endorsement.
Signature
__________________________________ ____
(Original signature required)
Telephone: ( ) _______________ Date Signed
Attachment A, Page 33 of 35
POLICY NUMBER:
ENDORSEMENT NUMBER:
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Organization: State of California, Trustees of the California State University, California Polytechnic University
San Luis Obispo, and each of their officers, officials, employees, authorized representatives, agents and volunteers,
the "University."
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the
Schedule, but only with respect to liability arising out of "your work" for that insured by or for you.
Modifications to ISO form CG 20 10 11 85:
1.This insurance shall be primary as respects the University or if excess, shall stand in an unbroken chain of coverage excess
of the Named Insured's scheduled underlying primary coverage. In either event, any other insurance maintained by the
University shall be in excess of this insurance and shall not be called upon to contribute with it.
2.The insurance afforded by this policy shall not be canceled, changed, or modified except after thirty (30) days’ advance
written notice has been given to the University. (10 days advance written notice for non-payment).
3.The Insurer named above waives any right of recovery the Insurer may have against the University when the Insured has
agreed to such waiver in writing prior to loss.
4.Coverage shall not extend to any indemnity coverage for the active negligence of the University in any case where an
agreement to indemnify the University would be invalid under Subdivision (b) of section 2782 of the Civil Code (construction
contracts with public agencies).
Signature-Authorized Representative
Address
CG 20 10 11 85 Insurance Services Office, Inc. Form (Modified)
Attachment A, Page 34 of 35
WORKERS’ COMPENSATION AND EMPLOYER’S
LIABILITY SPECIAL ENDORSEMENT
FOR CALIFORNIA POLYTECHNIC STATE UNIVERSITY
SUBMIT IN DUPLICATE
ENDORSEMENT NO. ISSUE DATE
PRODUCER
Telephone
POLICY INFORMATION:
Insurance Company:
Policy No.:
Policy Period: (from) (to)
OTHER PROVISIONS
NAMED INSURED
CLAIMS: Underwriter’s representative for claims pursuant to
this insurance.
Name:
____________________________________________________
Address:
____________________________________________________
____________________________________________________
Telephone (______) _____________________
EMPLOYERS LIABILITY LIMITS
$ _______________________ (Each Accident)
$ _______________________ (Disease - Policy Limit)
$ _______________________ (Disease - Each Employee)
In consideration of the premium charge and notwithstanding any inconsistent statement in this endorsement is attached or any
endorsement now or hereafter attached thereto, it is agreed as follows:
1.CANCELLATION NOTICE. This insurance shall not be canceled except after thirty (30) days advance written notice has been given to
the University. (10 days advance written notice for non-payment)
2. RIGHT OF RECOVERY. Insurer named above waives any right of recovery the Insurer my have against the University when the
Insured has agreed to such waiver in writing prior to loss.
Except as stated above, nothing herein shall be held to waive, alter or extend any of the limits, conditions, agreements or exclusions of the
policy to which this endorsement is attached.
ENDORSEMENT HOLDER
California Polytechnic State University
San Luis Obispo, CA 93407
ATTN: Contract and Procurement Services
AUTHORIZED
REPRESENTATIVE
Broker/Agent Underwriter _______ (other)
I, _____________________________ (print/type name), warrant
that I have authority to bind the above-mentioned insurance
company, and by my signature hereon do so bind this company to
this endorsement.
Signature __________________________________________
(Original signature required)
Telephone: ( ) ________________ Date Signed: __________
Attachment A, Page 35 of 35
City of San Luis Obispo, Agenda, Planning Commission
Active Transportation Committee
AGENDA REPORT ITEM 2
DATE: April 11, 2024
FROM: Adam Fukushima, Active Transportation Manager
SUBJECT: 2024 Roadway Sealing Project Update
Recommendations:
1. Receive an update on the 2024 Roadway Sealing Project and provide consensus
comments, if any, ahead of the City Council meeting on May 21st for authorization to
advertise the construction project.
Discussion
Grand Avenue
After the last meeting on February 29th where the ATC provided comments on the 2024
Roadway Sealing Project, the City received comments from Cal Poly expressing significant
concerns about access to and from campus during special events with the proposed road diet on
Grand Avenue.
Cal Poly is currently working on a larger circulation study for the campus and their analysis
indicated that the Grand/Slack intersection would operate with significant congestion during
special events with the proposed road diet without further upgrades to the Grand/Slack
intersection. In addition, their analysis indicated that if the intersection were reconstructed as a
roundabout or signalized, the road diet could work. However, it is not feasible to plan, design,
fund and construct a significant upgrade to the intersection in time for the construction to begin
this summer. Additionally, the City’s latest cost estimates concluded that the roadway sealing
project costs currently exceed funding resources by approximately $1.5 million, with Grand
Avenue representing about $1M of the total project cost.
Based on the above considerations and further discussions with City Administration and the City
Engineer, we are planning to proceed with the following modified plans for Grand Avenue:
1. Work on Grand Avenue will be implemented as a quick-build pilot project as part of the
2024 Roadway Sealing, with paint striping and temporary materials only (i.e. flex posts,
rubber bumps, traffic paint). No thermoplastic striping, pavement maintenance or
concrete work will be included.
2. Two lanes will be retained on southbound Grand exiting the Cal Poly campus through
Slack Street, before merging down to one lane just south of the Slack Street intersection.
Active Transportation Committee Agenda Item 2, April 11, 2024 Page 2
3. Two lanes will be retained on northbound Grand between US 101 and Slack Street. Lane
widths will be narrowed and bike lane buffers will be added, but otherwise the existing
configuration will remain northbound through this segment.
4. Other than the abovementioned changes, the remainder of the proposed street
modifications will remain consistent with what was presented to the ATC during the 90%
plan review.
Staff is currently working to update the design plans with these modifications.
By installing these improvements as a pilot project, similar to the recent Johnson Avenue Road
Diet, this will help advance safety improvements in the short-term, while providing additional
opportunity to monitor effectiveness, refine design details, and explore sufficient funding to
complete the ultimate improvements in a more permanent way in the near future. The earliest
staff would return with proposals for pavement maintenance and installation of permanent
improvements on Grand Ave would likely be as part of the 2026 or 2027 paving projects.
Neighborhood Traffic Management (NTM) Traffic Calming
As detailed in the staff report for the February 29th ATC meeting, staff sent out notification and
neighborhood ballots for all of the streets with traffic calming proposed based on previous NTM
applications. These included the following locations:
1. Highland Drive (Patricia to Santa Rosa)
2. Jeffrey Road (Highland to Twin Ridge)
3. Patricia (Highland to Twin Ridge)
4. Westmont (Patricia to Jeffrey)
Based on the survey of properties on these streets, none of the locations received both: (a)
majority support for traffic calming and (b) sufficient participation to support installation of
traffic calming. For example, less than 4% of properties on Highland Drive participated despite
ballot distribution to both residents and property owners with a three-week window, which is the
typical distribution period.
Given the lack of support for traffic calming measures, as well as the funding limitations noted
above, all traffic calming proposed on the abovementioned streets will be omitted from the
project. However, traffic calming on bikeway routes designated in the Active Transportation
Plan, such as those proposed on Toro Street and Mill Street, will remain in the roadway sealing
project plans as shown in the 90% designs presented to the ATC on February 29th.
It is not typical for staff to bring back an item to the ATC after it has recently provided formal
input, but given that significant modifications have been made since the February 29th meeting,
staff wanted to provide one more opportunity for committee input before it goes to Council on
May 21 for the authorization to advertise for construction.