Arroyo Grande City Council
September 12, 2023

Item 9.l.

City Council
Consider Approval of Contract Amendment 3 for Consulting Services with Consor, formerly Quincy Engineers, Inc., to Increase Costs and the Services Associated with the Design and Environmental Services for the Traffic Way Bridge Replacement Project
September 12, 2023

in the Winter of 2023. Since October 2019, when Consor started on the Project, they and their subconsultants have provided and will provide additional services. The additional services by Consor are listed in detail on proposed Amendment No. 3 (Attachment 1), and summarized as follows:

Increased Project Schedule
 The increase in 2 years on the length of project schedule requires increased project management and coordination and additional meetings.

Circulation During Construction
 Planning Commission on August 2, 2022, adopted a Resolution recommending the City Council adopt the Mitigated Negative Declaration for the Project. They also recommended that additional review and analysis of safety issues related to traffic calming mitigation during construction be evaluated on Traffic Way and Fair Oaks Ave. Based on the additional review and analysis a temporary traffic signal at the intersection of Fair Oaks Ave/US 101 south bound off ramp and increased striping changes on Traffic Way will be installed during the Bridge closure. The traffic engineering firm CCTC provided additional services data collection, planning and design for the temporary traffic signal.

Public Outreach
 The Traffic Way Bridge will be closed for approximately 11 months during construction. A detailed detour plan has been developed. Consor will assist in public outreach to ensure the traveling public is informed about the use of the detour plan.

Environmental Document
 There are two environmental documents being produced on this Project, CEQA and NEPA. The environmental subconsultant, SWCA, provided additional services to produce these two documents. Caltrans requested and SWCA produced a Preliminary Environmental Assessment, Land Use and Farmland memo, separate Biological Assessment for the National Marine Fisheries Service and an Environmental Commitment Record that were not in the original scope of work.

SWCA also provided additional services in production of the CEQA document to address the Planning Commission request for analysis of safety issues related to traffic calming mitigation during construction.

Initial Site Assessment Testing and Reporting
 The Initial Site Assessment identified the need for specific sampling and testing at various locations within the project sited. The results of the initial testing resulted in the requirement for six additional Aerial Deposited Lead samples, testing and reporting be completed. Haro Environmental provided the additional sampling, testing and analysis.

Item 9.l.

City Council
Consider Approval of Contract Amendment 3 for Consulting Services with Consor, formerly Quincy Engineers, Inc., to Increase Costs and the Services Associated with the Design and Environmental Services for the Traffic Way Bridge Replacement Project
September 12, 2023

Right-of-Way Engineering
 Through the design of the Project, it has been determined that 12 temporary Construction Easements will be needed to be acquired. Consor will provide the following additional services in right-of-way acquisition: Utility coordination, utility design, appraisal exhibits, field staking of temporary construction easements, legal descriptions and acquiring a Caltrans encroachment permit.

To complete these additional services, $157,800 needs to be added to the contract for consultant services with Consor Engineers. Staff agrees that these additional services are needed to bring this project into construction as described in the summery above.

ALTERNATIVES:

The following alternatives are provided for the Council’s consideration:

1. Approve Amendment No. 3 to the Contract for Consultant Services with Consor Engineers;

2. Modify as appropriate and approve the Amendment;

3. Do not approve the Amendment, which will delay Bridge replacement and cause potential closures for safety reasons; or

4. Provide other directions to staff.

ADVANTAGES:

The Traffic Way Bridge is a very important facility in the City of Arroyo Grande’s traffic and pedestrian circulation system, as well as an integral route for public safety response and needs to be replaced. The additional services by Consor Engineers and their subconsultants are necessary to bring the project into construction and avoid the Bridge replacement would be delayed and potential closure may occur due to safety issues.

DISADVANTAGES:

No disadvantages identified with the approval of the Agreement.

ENVIRONMENTAL REVIEW:

Approving the Amendment No. 3 to the existing Contract for Consultant Services is not a project subject to the California Environmental Quality Act (“CEQA”) because increasing the Consultant’s scope and budget for the Project has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378).

PUBLIC NOTIFICATION AND COMMENTS:

The Agenda was posted at City Hall and on the City’s website in accordance with Government Code Section 54954.2.

Item 9.l.

City Council
Consider Approval of Contract Amendment 3 for Consulting Services with Consor, formerly Quincy Engineers, Inc., to Increase Costs and the Services Associated with the Design and Environmental Services for the Traffic Way Bridge Replacement Project
September 12, 2023

Attachments:

1. Proposed Amendment No. 3 to the Contract of Consultant Services with Consor Engineers.

2. Contract for Consulting Services with Quincy Engineers, Inc. for providing design and environmental services for the Project.

ATTACHMENT 1
AMENDMENT 3 TO CONTRACT FOR CONSULTANT SERVICES
This Amendment to the Contract for Consultant Services ("Amendment") by and between Quincy Engineering, Inc. (“Consultant”) and the CITY OF ARROYO GRANDE, a Municipal Corporation (“City”), is made and entered into this 12th day of September 2023.

WHEREAS, the parties entered into an Contract for Consultant Services dated October 8, 2019 for Professional Engineering Services for the Traffic Way Bridge Replacement Project (“Contract”); and
WHEREAS, the parties desire to modify the Contract as set forth herein.

NOW THEREFORE, for valuable consideration the receipt and sufficiency of which is acknowledged, the parties agree as follows:

1. The above recitals are true, correct and are incorporated herein by reference.

2. Quincy Engineering, Incorporated (QEI) was acquired and became a wholly owned subsidiary of Consor North America, Incorporated (“Consor”). “Consultant” in the Contract shall now herein refer to Consor, and all obligations and rights of the Consultant under this Agreement shall be assigned to Consor.

3. The additional Services by Consor, Exhibit 1 (attached), are incorporated into the Contract by reference.

4. The total amount payable in the Contract by the City to Consor will be increased by $157,800 and will not exceed $1,395,195.

5. Except as modified herein, all other terms and conditions set forth in the Agreement and its Exhibits shall remain unchanged and in full force and effect.

IN WITNESS WHEREOF, CITY and CONSULTANT have executed this Amendment the day and year first above written.

ATTACHMENT 1
CITY OF ARROYO GRANDE:

Caren Ray Russom, Mayor
Consor Engineers:

By: Mark L. Reno, Principal
ATTEST:

Jessica Matson, City Clerk
APPROVED AS TO FORM:

Isaac Rosen, City Attorney

EXHIBIT 1

ADDITIONAL SERVICES BY CONSOR
AMENDMENT – ADDITIONAL SCOPE OF WORK ASSUMPTIONS
ADDED SCOPE-OF-WORK ASSUMPTIONS - These are updates to the original Scope-of-Work assumptions and anticipated level of efforts:
• The original contract was based upon a 3-year delivery of the project starting in November 2019. This amendment includes escalated costs as well as additional efforts for completion of work yet to be done. This is reflected in additional efforts for all remaining tasks to be completed. It is anticipated that the remaining scope of services including the additional task will be completed to bring the Project into construction in the Spring of 2025. • The original contract did not include efforts for the development of right-of-way plats and legal descriptions. Based on the currently approved project there will be temporary construction easements for at most 12 parcels. Therefore, this amendment will include anticipated efforts for up to 12 parcels requiring plat and legal description development.

In addition, there will be anticipated efforts for up to 3 separate field visits to perform right-of-way staking in support of the appraisals and acquisitions phase.
• The proposed construction access for this project now requires travelling through Caltrans Access Control, underneath US 101. This will now require a formal Caltrans Encroachment Permit that will require efforts for coordination, development of permit and response to comments to secure the permit. • As a result of comments received from Caltrans, City Council and others regarding the proposed detour and traffic handling plan additional traffic analysis will be required for the Southbound SR 101 Fair Oaks Offramp. This location will now require the design of a temporary traffic signal. Also, within the City on the east side of SR101, the City has requested additional temporary stripping and traffic handling plans on City streets within City right-of-way. These modifications and additions will require an update of the environmental impact area and will result in a NEPA revalidation. This will also require an update and memorandum to the previously circulated CEQA document.

AMENDMENT – ADDITIONAL SCOPE OF WORK
TASK 1.0 – Additional Design Support and Preliminary Studies Task 1.1 – Additional Project Management and Coordination The original scope of work was based on construction in 2023. The revised target for construction is summer of 2025.

As a result of the overall schedule and time extension of this project, Consor will continue to provide Project Management Tasks which include coordination with the City, Team management, product development tracking, Team and stakeholder communications, and project progress and budget reporting. Consor will continue to prepare invoices and assist with HBP funding documents required throughout the duration of the project.

Task 1.2 – Additional Progress Meetings
Consor’s Project Manager and appropriate staff will meet with the City Project Manager and others as necessary to manage and deliver this project on the now extended schedule. Consor assumes that 3 staff members will attend 2 meetings in the City offices or virtually in addition to the kickoff meeting. Consor assumes that meetings in the City offices will be a 2-hour duration and monthly Teams calls will be a 1-hour duration, to keep the City informed of the status of the project and to gain timely decisions from the City. Additional team members will be scheduled for monthly conference calls when required. Consor will prepare meeting agendas and meeting notes in a format specified by the City. These efforts for now are captured within the specific additional task budget items and will not be separated here.

Page | 1

EXHIBIT 1
Task 1.7 – Public Outreach
Consor will assist the City Staff with presentations to the City Council and the public regarding detour and traffic management plans, preliminary design, and bridge replacement alternatives. Consor will also assist the City with keeping the project’s webpage updated with current information, exhibits and status of the project. If required Consor can assist the City with project specific flyers to be distributed to schools identifying potential traffic impacts the project may cause. Consor will attend 2 public outreach meetings and 2 City council meetings.

Deliverables
Project Management
HBP Documentation & Funding Assistance
Meeting Agenda & Minutes
Project Baseline Schedule
Public Outreach
Task 1.14 – Additional Traffic Design
As part of the now approved detour plan CCTC will prepare a transportation analysis for the Fair Oaks Avenue/US 101 Southbound Off-Ramp intersection during the reconstruction and closure of the Traffic Way Bridge south of Branch Street. This intersection will serve traffic diverted during the bridge closure and will likely require temporary traffic control changes to accommodate the traffic increase. The analysis will evaluate the intersections during the weekday school AM, school PM, and commute PM peak hours, with and without the closure:

1. Fair Oaks Avenue/US 101 Southbound Off-Ramp/Orchard Street

2. Fair Oaks Avenue/California Street
Data Collection and Forecasts
No new traffic count data collection is proposed. Intersection count data from February 2019 will be used or more recent data will be obtained from the City. Traffic volumes will be forecast to the construction year based on an annual growth rate of 1.5 percent to develop Near Term base volumes. The SLOCOG model will be used to estimate the additional vehicles that would use Fair Oaks during the Traffic Way closure.

Near Term and Near Term Plus Detour Conditions
CCTC will evaluate vehicular level of service (LOS) and queuing at the study locations using methods from the Transportation Research Board’s Highway Capacity Manual and the Synchro software. Operations will be reported at the study intersections with and without the proposed detour. Mobility deficiencies related to the detour will be identified based on vehicle queuing and operations. Mitigations, including flagging, turn restrictions, or a temporary traffic signal will be considered, if needed, to address the deficiencies.

Documentation
CCTC will prepare a draft memorandum summarizing the above analysis for review and comment by the project team and City staff. Comments will be incorporated into a final memorandum.

Project Administration and Meetings
This task includes efforts related to project administration and one teleconference meetings with the project team including Caltrans and City staff.

Design of Temporary Traffic Signal
Bennett Engineering Services Inc will obtain an electronic base plan from Consor Engineering and prepare plan, specifications, and cost estimate (PS&E) for the installation of temporary traffic signal at the US 101 SB off-ramp/Fair Oaks Ave/Orchard Street intersection. The PS&E for the temporary signal will be submitted to the City of Arroyo Grande and Caltrans for review at 95% and 100% levels. Any comments by the City and Caltrans will be incorporated into final PS&E.

EXHIBIT 1
Additional Task 1.14 Deliverables
Draft Memorandum Summarizing Additional Traffic Analysis Final Memorandum Summarizing Additional Traffic Analysis One sheet of 1” =20’ temporary signal plan
One sheet of no scale temporary electrical details
Task 2.0 – Additional Environmental Review, Coordination, Design and PermittingDesign and Consor will coordinate with and support SWCA in the additional environmental work which has been identified leading to a NEPA revalidation and additional memorandum for CEQA. These additional scope items are required for overall project environmental clearance. SWCA Environmental Consultants conducted several “out-of-scope” items during the PA&ED phase. These additional tasks, listed below, were not included in the original scope of work were completed at the request of City of Arroyo Grande.
 SWCA was requested to prepare the Preliminary Environmental Study (PES) and attend a field review meeting with City staff and Caltrans.
 During the preparation of NEPA technical studies, Caltrans requested the preparation of a Land Use and Farmlands memo.
 Following completion of NEPA technical studies, and during the Section 7 consultation process, Caltrans staff requested that a separate Biological Assessment be prepared for staff at the National Marine Fisheries Service (NMFS).
 SWCA was asked to prepare a draft Environmental Commitments Record which would be finalized once State permitting is completed.
 SWCA will support the team with NEPA revalidation resulting from a change in the study area and support with the CEQA addendum needed to document the recent changes that resulted from traffic control at Fair Oaks Boulevard.

Task 2.2 – Additional Initial Site Assessment Testing & Reporting The Initial Site Assessment (ISA) identified the need for specific sampling and testing at various locations within the project sited. The results of the initial testing resulted in the requirement for six additional Aerial Deposited Lead samples, testing and reporting be completed. Haro Environmental will collect up to an additional six near surface soil samples and development of report. This includes coordination with Caltrans for sampling and analysis approval, and sampling and testing. This effort assumes half the samples will require soluble lead testing.

Additional Task 2.2 Deliverables
Documentation and Support for NEPA Revalidation
Draft CEQA Memorandum Updating Project
Final CEQA Memorandum Updating Project
Additional ADL Testing & Report
TASK 3.0 – Additional Right of Way
Right-Of-Way Engineering
The City is currently soliciting a Right-of-Way consultant who will perform all appraisals and acquisitions for the project.

Task 3.1 – Additional Final Utility Coordination
The original contract included efforts for completing the Final Utility coordination following the Caltrans A, B, C process. After performing initial Utility ‘A” letters to companies, Caltrans District 5 Utility & Right-of-Way Coordinators required additional work, as follows:
• Increased efforts due to overall project schedule extension • Field Meetings at Project Site with affected utilities • Increased level of coordination, review of relocation plans, coordination on Report of Investigation (ROI) and Notice to Owner (NTO) with impacted utilities.
• Increased level of coordination and communication with Caltrans coordinators and City Utility staff • Additional documentation and exhibit required for approval of Utility Agreements by Caltrans

EXHIBIT 1
Task 3.2 – Additional Final Design 12-inch Water Transmission Pipeline Additional efforts recognize increase level of coordination with City and City Utility Staff, understanding of construction staging of utility and completion of connections required for the system. The approved structure type is a very deep cast-in-place post-tensioned concrete box structure, so additional details will be required for connection and passing the waterline through the structure. Large movements will be required at the abutments which will result in more complex expansion couplings and connections.

Deliverables
Attend Waterline Kick-off Meeting
Coordination with City Utility Staff
Draft Water Line Design Plans
Final Water Line Design Plans
Task 3.3 – Additional Final Right of Way Effort
Based upon the current approved project, including areas for access, drainage, utilities and revegetation, this task captures the additional efforts identified. This would include coordination with City, support of property owner questions and RFI. This would also include Teams Calls and additional efforts for Right of Way Certification.

Task 3.4 – Additional Appraisal Exhibits
The original contract was based on have a few impacted parcels. With the now current approved project and proposed detour up to Twelve (12) parcels are impacted. This additional effort represents for Consor to prepare these additional exhibits to be used by City Right-of-Way staff showing the existing road right-of-way, proposed right-of-way or temporary construction easement, the area to be acquired, and the APN. The exhibit will include such information as APN number, site address, owner’s name, gross acreage and easement acreage and will show the approximate property line of parcel in question and the proposed easement locations plotted over the aerial ortho-photograph. These efforts also include coordination with City Right-of-Way Staff and property owners as necessary.

Deliverables
Coordination with City Right of Way Staff
Development of Right of Way Needs Exhibits
Coordination with Property Owners as Necessary
Task 3.5 – Stake the Proposed Right of Way or Temporary Construction Easements The original contract did not include any effort or scope of work for staking proposed right-of-way. The City has requested that this amendment include up to three (3) separate field visits for staking of proposed Temporary Construction Easements (TCE). DPSI will verify existing control per survey and boundary prepared by DPSI.

Calculations will be prepared in the office for field staking and exhibit of points set in the field. Consor will coordinate with DPSI, City, City’s Right-of-Way Consultant for timing of field work. Consor has requested that DPSI during one of the field visits for staking also perform some additional topographic surveys to acquire additional site information.

This additional information will include:
• Elevations based on existing survey prepared by DPSI. datum. • Contours represented with 5-foot index and 1-foot intermediate. • Spot elevation at each intersection of a 25-foot square grid, covering additional area. • Spot elevations at street intersections and at 25 feet on center, on curb, gutter, sidewalk along both sides of Traffic Way.
• Driveway shots including flares, driveway edge shots
• Behind sidewalk in the storm water area we will need ground shots (the contours we have now are not reflective of existing surface) and any features (trees, posts, etc.) up to the ROW line.

Deliverables
Point Plot of TCE
Up to Three (3) Field Visits for R/W Staking

EXHIBIT 1
Additional Topographic Survey in .PDF and AutoCAD File
Task 3.6 – Legal Descriptions
In the original contract it was assumed that no Plat and Legal descriptions would be needed. After meetings with City Staff, consultation with Caltrans and potential Acquisition and Appraisal specialists, it has been determined that Plat and Legal descriptions will be required. This scope of work is based upon the need for up to twelve (12) parcel plats and legal descriptions. DPSI will prepare a metes and bounds description for the purposes of TCE’s per the right-of-way needs exhibit provided by Consor. DPSI will prepare an exhibit to show the easement location graphically for each area. The legal description and exhibit will be prepared in accordance with LAFCO standards.

DPSI will prepare drafts for the Project Team to review and then Final documents will be prepared incorporating comments.

Deliverables
Daft of Up to Twelve (12) Plat and Legal Descriptions
Final of Up to Twelve (12) Plat and Legal Descriptions
Task 3.8 – Caltrans Encroachment Permit
The approved project and project detour now includes construction equipment and materials accessing the project site through Caltrans Access Control right of way. During the preliminary engineering phase, the Project Team held a few meetings with the City, Caltrans Local Assistance, Caltrans Encroachments, Caltrans Hydraulics and Caltrans Structures to discuss the project and proposed detour and access. These meetings serve as the basis of understanding for the coordination with Caltrans, preparation of encroachment permit and additional exhibits and information that will be required.

Consor will coordinate with City Staff, Caltrans Encroachment Engineer and supporting units for additional meetings as necessary. Consor will also prepare additional exhibits, like excavation limits with regards to Caltrans existing facilities, verification of impacts and identification of impacts. Consor will also prepare all necessary information for the encroachment permit, submit drafts to City and Caltrans and respond to comments. It is anticipated that it will take several rounds of permit prior to full approval by Caltrans.

Deliverables
Coordination with City, Caltrans including Teams Meetings Preparation of exhibits delineating impacts, drainage, structural impacts and access Preparation of draft Caltrans Encroachment Permit
Submittal of Final Caltrans Encroachment Permit
Inclusion of Encroachment Permit in Construction Documents TASK 4.0 – Final Engineering

ATTACHMENT 2

Item 9.m.

MEMORANDUM
TO: City Council
FROM: Steve Kahn, Interim Public Works Director
BY: Paul Henderson, Interim Capital Improvement Project Manager SUBJECT: Consideration of an Award of Contract for Construction of the 191 Tally Ho Frontage Improvements Project, PW 2023-09 and Acceptance of Dedications
DATE: September 12, 2023
SUMMARY OF ACTION:

Award a construction contract (Attachment 1) for the Construction of the 191 Tally Ho Frontage Improvements Project to JJ Fisher Construction, Inc. and accept offers of dedication for easements for public right of way of the frontage of 191 Tally Ho Road and 195 Tally Ho Road (Attachments 3 and 4 respectively).

IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:

The Tally Ho Frontage Improvements Project (Project) is funded with $110,000 of Sales Tax Funds. The full $110,000 is allocated for construction. Of the $110,000 allocated for construction $85,000 is allocated to the construction of the retaining wall (the subject agreement) and $25,000 is allocated to paving and concrete curb & gutter, which will be included in the current 2022 Street Repairs Project by Contract Change Order. The current estimate to complete the curb & gutter and paving is $45,000, of which $25,000 is utilized from the above $110,000 budget, the remaining required $20,000 will utilize contingency funds from the 2022 Street Repairs Project.

The offers of dedication have no financial impact, other than the cost of construction of the Tally Ho Frontage Improvements Project described above.

RECOMMENDATION:
1) Accept the Offer of Dedication for an easement for a public right of way of the frontage of 191 Tally Ho Road, 2) Accept the Offer of Dedication for an easement for a public right of way of the frontage of 195 Tally Ho Road; 3) Award a construction contract for Construction of the Tally Ho Frontage Improvements Project to JJ Fisher Construction, Inc.; and 4) Determine the Project to be categorically exempt per Section 15302 Class 2 exemption, which applies to the replacement or reconstruction of existing structures and facilities where the new structure is located on the same site as the structure replaced

Item 9.m.

City Council
Consideration of an Award of Contract for Construction of the 191 Tally Ho Frontage Improvements Project, PW 2023-09 and Acceptance of Dedication September 12, 2023

and has substantially the same purpose and capacity as the structure replaced as this wall was previously removed.

BACKGROUND:

In 2010 the City constructed the Tally Ho Road Sidewalk Improvement & Striping Plan project (PW 2009-07). As part of the 2010 project the City included construction of retaining walls in front of 195 and 197 Tally Ho Road. At the time, around 2009-2010, the City was unsuccessful negotiating construction of a similar retaining wall with the then 191 Tally Ho Road owner.

The 191 Tally Ho Road property was purchased by the current owner of the single-family residence, who moved forward constructing a wall in approximately 2022 without the necessary permits and not to standards. The City put a stop work notice on the work, but not before partial excavation and wall removal. This is the only property in this section of Tally Ho Road whose front boundary extends into the right-of-way with no offer of dedication. The City was able to renew negotiations to obtain the public right of way with the new owners; in exchange for the City proceeding with construction of the wall to standard and mitigate the current inconsistent and unsafe condition, the property owner is providing the dedication of the right-of-way. An offer of dedication for 195 Tally Ho Road was recorded in October 2014 but not formally accepted by Council, hence the inclusion of the recommendation to accept the offer in this staff report.

The 191 Tally Ho Road ‘IRREVOCABLE AND PERPETUAL OFFER TO DEDICATE’ is included in Attachment 3, which also includes a survey map of the offered property. The easement being offered includes a 60.00 feet by 20.03 feet area of the property frontage.

The City plans to install new concrete curb and gutter and asphalt pavement in the right of way following the construction of the new retaining wall.

The 195 Tally Ho Road ‘IRREVOCABLE AND PERPETUAL OFFER TO DEDICATE’ is included in Attachment 4, which also includes a survey map of the offered property. The easement being offered includes a 60.00 feet by 13.02 feet area of the property frontage.

The City plans to install new concrete curb and gutter and asphalt pavement in the right of way following the construction of the new retaining wall at 191 Tally Ho Road, and the 195 Tally Ho Road driveway access will be improved to tie-in with the new curb & gutter.

Figure 1 below shows the location of the Project.

Item 9.m.

City Council
Consideration of an Award of Contract for Construction of the 191 Tally Ho Frontage Improvements Project, PW 2023-09 and Acceptance of Dedication September 12, 2023

Figure 1 - Tally Ho Road Frontage Improvement Project Locality At the August 8, 2023, Council Meeting Council approved the construction plans and specifications for the Project and authorized the City Clerk to advertise for construction bids. Bids were advertised on August 10, 2023, pursuant to the City’s purchasing policies and the Public Contract Code. Bids closed at 2pm on August 31, 2023, and 5 bids were received, with the lowest responsible bid of $84,212 by JJ Fisher Construction, Inc. The bid opening log is provided in Attachment 2.

ANALYSIS OF ISSUES:

At the time of this staff report the City’s 2022 Street Repairs project is under construction; the City’s contractor, JJ Fisher Construction, Inc. is scheduled to complete the 2022 Street Repairs Project in January 2024. The 2022 Street Repairs project includes competitive unit rates for concrete curb & gutter and asphalt paving. It is coincidental that the same contractor would construct both projects, which were both competitively bid separately, pursuant to the California Public Contract Code and in accordance with the City’s procurement policies.

After the wall is constructed at 191 Tally Ho Road, new curb & gutter and paving will need to be constructed to integrate with the adjacent pavement and storm drainage system. If the wall is constructed prior to the completion of current 2022 Street Repairs Project, the City can take advantage of competitive contract rates for the concrete curb & gutter and

Item 9.m.

City Council
Consideration of an Award of Contract for Construction of the 191 Tally Ho Frontage Improvements Project, PW 2023-09 and Acceptance of Dedication September 12, 2023

paving in front of the completed wall. If the 191 Tally Ho Road wall construction is not completed prior to completion of the 2022 Street Repairs project the curb & gutter and paving portion will need to be put out to bid with unit rates likely being significantly higher than the current 2022 Street Repairs contract rates.

The tentative start date for construction of the 191 Tally Ho Frontage Improvements is October 2, 2023, with a 30-working day construction duration, the Project should be completed by November 15, 2023, well before the January 2024 completion of the 2022 Street Repairs project.

City Council acceptance of the offer of the two dedications is required prior to awarding a construction contract for the construction of the 191 Tally Ho Frontage Improvements.

ALTERNATIVES:

1. a) Accept the Offer of Dedication for an easement for a public right of way of the frontage of 191 Tally Ho Road; b) Accept the Offer of Dedication for an easement for a public right of way of the frontage of 195 Tally Ho Road; and c) Award a construction contract for Construction of the 191 Tally Ho Frontage Improvements Project to JJ Fisher Construction, Inc.;

2. Do not approve staff’s recommendations and request further information;

3. Modify staff’s recommendation and approve; or

4. Provide direction to staff.

ADVANTAGES:

Completing this project will eliminate an eyesore and hazard that currently exists at this property, as well as address the lack of consistent right-of-way in this area. The masonry wall will meet the standards and the necessary right-of-way will be dedicated to the City.

DISADVANTAGES:

There will be potential minor traffic inconveniences to the travelling public during construction. Staff will monitor the traffic control to conform to the requirements of the Manual on Uniform Traffic Control Devices manual (MUTCD) to mitigate any negative effects. City inspectors will be at the site during construction to adjust the traffic control for isolated instances (driveway access, etc.).

ENVIRONMENTAL REVIEW:

The project was reviewed in accordance with the California Environmental Quality Act (CEQA), and it was determined to be categorically exempt per Section 15302 Class 2 exemption, which applies to the replacement or reconstruction of existing structures and facilities where the new structure is located on the same site as the structure replaced and has substantially the same purpose and capacity as the structure replaced. This wall replaces a wall that was previously removed. City Council directed the City Clerk to file a Notice of Exemption at the August 8, 2023 City Council Meeting.

Item 9.m.

City Council
Consideration of an Award of Contract for Construction of the 191 Tally Ho Frontage Improvements Project, PW 2023-09 and Acceptance of Dedication September 12, 2023

PUBLIC NOTIFICATION AND COMMENTS:

The Agenda was posted at City Hall and on the City’s website in accordance with Government Code Section 54954.2.

Attachments:

1. Tally Ho Frontage Improvements Construction Contract

2. Bid Opening Log

3. Offer of Dedication for 191 Tally Ho Road

4. Offer of Dedication for 195 Tally Ho Road

CONTRACT
for the Construction of:
191 Tally Ho Frontage Improvements Project
SPECIFICATION NO. PW 2023-09
THIS AGREEMENT, made and entered into this 12th day of September 2023, by and between the CITY OF ARROYO GRANDE, a municipal corporation of the State of California, hereinafter designated City, party of the first part, and JJ Fisher Construction, Inc hereinafter designated as Contractor, party of the second part, WITNESSETH: That the parties hereto do mutually agree as follows:

Recitals.

A. The City does not have the personnel able and/or available to perform the services required under this agreement.

B. The City desires to contract out for consulting & construction services certain projects relating to the construction of street repairs.

C. The Contractor warrants to the City that it has the qualifications, experience and facilities to perform properly and timely the services under this Agreement.

D. On August 31, 2023, 5 bids were received on the 191 Tally Ho Frontage Improvements Project (“Project”). The bids were from Brough Construction, Inc. for $101,945.00, R. Burke Corporation for $104,060.00, Seamair Construction, Inc. for $128,856.03, The JF Will Company, Inc. for $114,372.32 and JJ Fisher Construction, Inc. for $84,212.00. There are sufficient funds in the Project budget to move forward on the Project with the lower apparent bidder by awarding the Base Bid.

G. The City enters into this Agreement in compliance with Public Contract Code 22050.

H. The City desires to contract with the Contractor to perform the services as described herein.

ARTICLE I. Scope of Work. In general, the project consists of constructing a retaining structure, demolition and repair of portions of existing retaining and site walls, and removal and replacement of the existing water meter and service lateral to 191 Tally Ho.

This project is the precursor to adjacent concrete and hot mix asphalt pavement repairs which will be completed by others after the completion of the 191 Tally Ho Frontage Improvements Project.

For and in consideration of the payments and agreements described herein, Contractor agrees to furnish all materials, equipment and labor and construct all necessary facilities for City required for Project, and to perform and complete in a good and workmanlike $77$&+0(17

manner all the work pertaining thereto shown on the plans and described in the specifications incorporated by reference, and to furnish at his own proper cost and expense all tools, equipment, labor, and materials necessary therefore, except such materials as in the said specifications stipulated to be furnished by City, and to do everything required by this Contract and the said specifications and plans, and the requirements of the Engineer under them, to wit:

BID ITEM LIST FOR
191 TALLY HO FRONTAGE IMPROVEMENTS PROJECT
SPECIFICATION NO. PW 2023-09
Item Item Unit of Estimated Item Price Total
No. SS(1) Description Measure Quantity (in figures) (in figures) BASE BID – See Plans
1 3-1.20 Mobilization, Bonds &
Insurance
LS 1 $17,680.00 $17,680.00
2 13-1.04 Water Pollution Control
Program
LS 1 $750.00 $750.00
3 21-1.01 Erosion Control LS 1 $2,250.00 $2,250.00
4 15-1.01 Demolish Existing Wall LF 8 $781.00 $6,248.00 5 77-2.02A Reroute Existing Water
Service Lateral
LF 22 $288.00 $6,336.00
6 77-2 Relocate Existing 2-inch
Water Meter
EA 1 $2,213.00 $2,213.00
7 51-1.02A 8” Concrete Masonry Unit
Wall
SF 220 $76.00 $16,720.00
8 51-1.02A Standard Allan Block Wall SF 150 $60.00 $9,000.00 9 Civil Plan
Sheet C2 Composite Wood Fence LF 45 $457.00 $20,565.00
10 73-1.01 Remove and Replace 6”
Flush Curb
LF 35 $70.00 $2,450.00
BASE BID TOTAL $84,212.00
ARTICLE II. Compensation and Payment. For furnishing all said equipment, materials and labor, performing demolition as required, and doing all the work required by this Contract; and for all loss and damage arising out of the nature of the work aforesaid, or from the action of the elements or from any unforeseen difficulties which may arise or be encountered in the prosecution of the work until its acceptance by City, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as in the said specifications are expressly stipulated to be borne by City; and for well and faithfully completing the work and the whole thereof, in the manner shown and described in the said plans and specifications and in accordance with the requirements of the City Engineer under them and this Contract, City will pay and Contractor shall receive as full compensation therefore the amounts for such work as installed for the unit prices bid therefore in accordance with the proposal of Contractor, memorialized by the Bid Item List above.

Final payment, constituting the entire unpaid balance of the Agreement Sum, shall be paid by the City to the Contractor no sooner than thirty-five (35) days after a Notice of Completion has been recorded, unless otherwise stipulated in the Notice of Completion, provided the work has then been completed, the Agreement fully performed, and a final Certificate for Payment has been issued by the City.

This Agreement is subject to the provisions of Article 1.7 (commencing at Section 20104.50) of Division 2, Part 3 of the Public Contract Code regarding prompt payment of contractors by local governments. Article 1.7 mandates certain procedures for the payment of undisputed and properly submitted payment requests within 30 days after receipt, for the review of payment requests, for notice to Contractor of improper payment requests, and provides for the payment of interest on progress payment requests which are not timely made in accordance with that Article. This Agreement hereby incorporates the provisions of Article 1.7 as though fully set forth herein.

ARTICLE III. Full Performance. City hereby promises and agrees with said Contractor to employ, and does hereby employ, said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner and upon the conditions set forth in the specifications; and the said parties for themselves, their heirs, executors, administrators, successors, and assigns, do hereby agree to full performance of the covenants herein contained.

ARTICLE IV. Contract Documents. Contract Documents shall consist of The Notice to Bidders, the Statement of Prevailing Wages, the Bid Requirements, the Contract Bid, the Bond for Faithful Performance, the Bond for Materials and Laborers, the Contract Agreement, the Standard Specifications & Engineering Standards, the Special Provisions and the Project Plans mentioned therein and titled “191 Tally Ho Frontage Improvements Project PW 2023-09” all of which are either incorporated by reference into or attached to this Contract.

ARTICLE V. Bonds. Contractor shall forthwith furnish in triplicate, a faithful performance bond in an amount equal to 100% of the contract price and a labor and materials bond in an amount equal to 100% of the contract price, both bonds to be written by a surety company acceptable to City and in the form prescribed by law.

ARTICLE VI. Time for Completion and Term. All of Contractor’s work on the Project shall be completed within durations established for the individual activities as set forth in the Project Schedule, attached hereto as Attachment 1 (“Work shall commence ten (10) working days from the start of “contract time,” as shown in the Notice to Proceed.

Contractor shall refer to the invitations for bids, and Project Plans and Specifications, all of which, as set forth below, are incorporated herein by reference, for contractual obligations regarding individual activity durations. The aggregate sum total work of all individual Prime Contractors to the City comprises the entire “Project” and shall be commenced and completed in conformance with the Project Schedule. The entire Project

shall be completed within the dates and durations provided in the Project Schedule (Attachment 1). If the Project is not completed within the timelines of this article, the Agreement shall automatically terminate, unless extended in writing by the parties.

ARTICLE VII. Liquidated Damages. Pursuant to Government Code Section 53069.85, if work is not completed within the contract time or in strict accordance with the Project Schedule, it is understood, acknowledged and agreed that the City will suffer damage. It is therefore agreed that the Contractor shall pay to the City the sum of two thousand and two hundred dollars ($2,200.00) for each and every calendar day of delay beyond the Contract Time, or beyond any completion schedule, construction schedule or Project milestones established in or pursuant to the Project Schedule, or beyond the time indicated in the Project Schedule for any individual Contract activity.

Contractor expressly understands, acknowledges and agrees that such liquidated damages can and shall be imposed if the Contractor does not meet each and every aspect of any activity schedule, completion schedule, construction schedule or Project milestones established in or pursuant to the Project Schedule. If the City accepts work or makes any payment under this Agreement after a default by reason of delays, the acceptance of such work and/or payment(s) shall in no respect constitute a waiver or modification of any provisions regarding Contract Time, a completion schedule, the Project Schedule or the accrual of liquidated damages. In the event the same is not paid, the Contractor further agrees that the City may deduct the amount thereof from any money due or that may become due the Contractor under the Agreement. This paragraph does not exclude recovery of damages under provisions of the Contract Documents, and is expressly in addition to the City’s ability to seek other damages.

Contractor is to refer to the Project Construction Schedule for duration of individual activities. Liquidated damages may be assessed if any individual activity duration exceeds the time indicated for that activity on the Project Construction Schedule.

ARTICLE VIII. Insurance and Indemnity.

GENERAL
You must obtain and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work by you, your agents, representatives, employees or subcontractors.

Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. Should conflict of interest principles preclude

a single legal counsel from representing both City and Contractor, or should City otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable legal counsels fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

Contractor obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee.

However, without affecting the rights of City under any provision of this agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.

CITY CONTRACT
Without limiting Contractor’s indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.

MINIMUM SCOPE OF INSURANCE
Coverage must be at least as broad as:

1. Insurance Services Office Commercial General Liability coverage ("Occurrence,” Form CG-0001).

2. Insurance Services Office Commercial General Liability Endorsement Form (ISO CG 20 10 85 OR CG 20 10 (ongoing operations) & CG 2037 (completed operations).

3. Insurance Services Office Form Number CA-0001 (ED. 1/78), covering Automobile Liability, Code 1, "Any Auto,” and endorsement CA-0025.

4. Workers' Compensation Insurance as required by the State of California and Employer's Liability Insurance;

5. Course of Construction insurance covering for all risks of loss.

MINIMUM LIMITS OF INSURANCE
Minimum limits of insurance must be no less than:

1. General Liability: Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an

amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $2,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

2. Automobile Liability: Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

3. Umbrella or excess liability insurance: Contractor shall obtain and maintain an umbrella or excess liability insurance policy that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions:
x A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason;
x Pay on behalf of wording as opposed to reimbursement; x Concurrency of effective dates with primary policies; and x Policies shall “follow form” to the underlying primary policies. x Insureds under primary policies shall also be insureds under the umbrella or excess policies. As required by the State of California;

4. Workers’ compensation insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for Contractor ’s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Contractor shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor’s employees.

Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers.

If required by projects Special Provisions provide:

1. Builder’s risk insurance. Upon commencement of construction and with approval of City, Contractor shall obtain and maintain builder’s risk insurance for the entire duration of the Project until only the City has an insurable interest. The Builder’s Risk coverage shall include the coverages as specified below.

The named insureds shall be Contractor and City, including its officers, officials, employees, and agents. All Subcontractors (excluding those solely responsible for design Work) of any tier and suppliers shall be included as additional insureds as their interests may appear. Contractor shall not be required to maintain property

insurance for any portion of the Project following transfer of control thereof to City.

The policy shall contain a provision that all proceeds from the builder’s risk policy shall be made payable to the City. The City will act as a fiduciary for all other interests in the Project.

Policy shall be provided for replacement value on an "all risk" basis for the completed value of the project. There shall be no coinsurance penalty or provisional limit provision in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty workmanship, Nonconforming Work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) Ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sublimits sufficient to insure the full replacement value of any key equipment item; (6) Ocean marine cargo coverage insuring any Project materials or supplies, if applicable; (7) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the Site or any staging area. Such insurance shall be on a form acceptable to City to ensure adequacy of terms and sublimits and shall be submitted to the City prior to commencement of construction.

OTHER INSURANCE PROVISIONS
Proof of insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s risk manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time.

Duration of coverage. 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 Contractor, his agents, representatives, employees or subcontractors. Contractor must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. City and its officers, officials, employees, and agents shall continue as additional insureds under such policies.

Primary/noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall

also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement.

Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.

Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

Enforcement of contract provisions (non estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of noncompliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.

Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Notice of cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.

Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.

Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

Pass Through Clause. Contractor agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review.

City’s right to revise requirements. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor a ninety (90)-day advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation.

Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.

Timely notice of claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

Additional insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work.

ACCEPTABILITY OF INSURERS

Insurance is to be placed with insurers with a Best Rating of no less than A: V, and who are admitted to write policies in the State of California and contribute to the state guaranty fund.

VERIFICATION OF COVERAGE
Contractors shall furnish the City with certificates of insurance and with original endorsements affecting coverage required by this Section (actual policy). The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms provided by the City and are to be received and approved in writing by the City before work commences. The City reserves the right to require complete, certified copies of all insurance policies, including endorsements affecting the coverage required by these Special Provisions at any time.

SUBCONTRACTORS
The Contractor shall include all Subcontractors as named insured under his policies, or shall furnish separate certificates and endorsements for each Subcontractor. All coverage for Subcontractors shall be subject to all of the requirements stated herein.

PRIVATE CONTRACT
A certificate of liability insurance with at least $1 million in general liability coverage and a CG 2012 additional insured endorsement attached to it.

ARTICLE IX. Governing Documents. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid or proposal therefore, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said bid or proposal conflicting herewith.

ARTICLE XII. Compliance with Statutes and Regulations. Contractor will be knowledgeable of and will comply with all applicable federal, state, county and city statutes, rules, regulations, ordinances and orders.

ARTICLE XIII. Notice. All notices or other official correspondence relating to contractual matters between the parties hereto shall be made by personal service or by first class mail, postage prepaid, addressed to the parties as follows:

City: City Clerk
City of Arroyo Grande
300 East Branch Street
Arroyo Grande, California 93420
Contractor: Jayson J Fisher
JJ Fisher Construction, Inc.
261 W. Dana St, Suite 102
Nipomo, CA 93444

ARTICLE XIV. Severability. If any part of this Contract is held invalid by a court of competent jurisdiction, the balance shall retain its full force and effect.

ARTICLE XV. Governing Law; Jurisdiction. This Contract will be administered and interpreted under the laws of the State of California. Jurisdiction of any litigation arising from the Contract will be in San Luis Obispo County, California.

ARTICLE XVI. Authorization. All officers and individuals executing this and other documents on behalf of the respective parties hereby certify and warrant that they have the capacity and have been duly authorized to execute said documents on behalf of the entities indicated.

ARTICLE XVII. Provisions Required by Law. Each and every provision of law and clause required by law to be inserted in this Contract, including but not limited to the following statutorily required provisions, shall be deemed to be inserted herein and the Contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not currently inserted, then upon application of either party the Contract shall forthwith be physically amended to make such insertion or correction.

ARTICLE XVIII. Familiarity With Work. By executing this Agreement, Contractor represents that Contractor has (a) thoroughly investigated and considered the scope of services to be performed; (b) carefully considered how the services should be performed; and (c) understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.

ARTICLE XIX. Key Personnel. Contractor’s key person assigned to perform work under this Agreement is Jacob P. Treder. Contractor shall not assign another person to be in charge of the work contemplated by this Agreement without the prior written authorization of the City which shall not be unreasonably withheld.

ARTICLE XX. Changes. City may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by Contractor and City. The cost or credit to City resulting from changes in the services will be determined in accordance with written agreement between the parties.

ARTICLE XXI. Termination. Except as otherwise provided, City may terminate this Contract at any time with or without cause. Notice of termination shall be provided in writing.

In the event of such termination, the Contractor shall cease services as of the date of termination, all finished or unfinished documents, data, drawings, maps, and other materials prepared by Contractor shall, at City’s option, become City’s property, and

Contractor will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination. Any reuse of any document for other than their intended use shall be at the sole risk and liability of the City.

Should the Agreement be terminated pursuant to this Section, City may procure on its own terms services similar to those terminated.

ARTICLE XXII. Assignability. This Agreement is for Contractor’s professional services. Contractor’s attempts to assign the benefits or burdens of this Agreement without City’s written approval are prohibited and will be null and void.

ARTICLE XXIII. Permits and Licenses. Contractor will obtain and maintain during the term of this Agreement all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.

ARTICLE XXIV. Independent Contractor. City and Contractor agree that Contractor will act as an independent contractor and will have control of all work and the manner in which is it performed. Contractor will be free to contract for similar service to be performed for other employers while under contract with City. Contractor is not an agent or employee of City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits City provides for its employees. Any provision in this Agreement that may appear to give City the right to direct Contractor as to the details of doing the work or to exercise a measure of control over the work means that Contractor will follow the direction of the City as to end results of the work only.

ARTICLE XXV. Audit of Records. Contractor agrees that City, or designee, has the right to review, obtain, and copy all records pertaining to the performance of this Agreement. Contractor agrees to provide City, or designee, with any relevant information requested and will permit City, or designee, access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this Agreement. Contractor further agrees to maintain such records for a period of three (3) years following final payment under this Agreement.

Contractor will keep all books, records, accounts and documents pertaining to this Agreement separate from other activities unrelated to this Agreement.

ARTICLE XXVI. Corrective Measures. Contractor will promptly implement any corrective measures required by City regarding the requirements and obligations of this Agreement. Contractor will be given a reasonable amount of time as determined by the City to implement said corrective measures. Failure of Contractor to implement required corrective measures shall result in immediate termination of this Agreement.

ARTICLE XXVII. Final Payment Acceptance Constitutes Release. The acceptance by the Contractor of the final payment made under this Agreement shall operate as and be a release of the City from all claims and liabilities for compensation to the Contractor for anything done, furnished or relating to the Contractor’s work or services. However, approval or payment by the City shall not constitute, nor be deemed, a release of the responsibility and liability of the Contractor, its employees, sub-Contractors and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by the City for any defect or error in the work prepared by the Contractor, its employees, sub-Contractors and agents.

ARTICLE XXVIII. Rules of Construction. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party.

ARTICLE XXIX. Authority/Modification. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment with signatures of all parties to this Agreement. City Manager, or designee, may execute any such amendment on behalf of City.

ARTICLE XXX. Force Majeure. Should performance of this Agreement be impossible due to fire, flood, explosion, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties’ control, then the Agreement will immediately terminate without obligation of either party to the other.

ARTICLE XXXI. Time is of the Essence. Time is of the essence to comply with dates and schedules to be provided.

ARTICLE XXXII. Record Audit. In accordance with Government Code section 8546.7, records of both the City and the Contractor shall be subject to examination and audit by the Auditor General for a period of three (3) years after final payment.

ARTICLE XXXIII. Retention of Securities. Public Contract Code Section 22300 permits the substitution of securities for any monies withheld by a public agency to ensure performance under a contract, at the request and expense of the Contractor.

ARTICLE XXXIV. Claims. In accordance with the requirements of Public Contract Code Section 9204(e), a copy of Public Contract Code Section 9204 is attached hereto and incorporated into this Agreement herein.

ARTICLE XXXV. Prevailing Wages and DIR Registration. In accordance with California Labor Code Section 1725.5, Contractors and Subcontractors (as defined by California Labor Code Section 1722.1) bidding on or engaging in the performance of any

Public Works contracts in California shall be registered with the Department of Industrial Relation.

In accordance with California Labor Code Section 1770 and 1773, the City has determined that prevailing wage rates apply to this project. Copies of the prevailing rates of per diem wages applicable to this Contract are available from the California Division of Labor Statistics and Research at www.dir.ca.gov/dslr/PWP/index.htm or 455 Golden Gate Ave. 9th Floor, San Francisco, CA 94102. Any employee whose type of work is not covered by any of the classified wage rates shall be paid not less than the rate of wage listed for the classification which most nearly corresponds to the type of work performed.

Pursuant to California Labor Code Section 1775, the Contractor shall forfeit no more than $200 per calendar day, or portion of a day, for each worker paid less than the prevailing rates for such work or craft, and the penalty shall be imposed and distributed pursuant to Section 1775.

The following Labor Code sections are hereby referenced and incorporated into this Agreement herein:

1. Section 1775 - Penalty for Failure to Comply with Prevailing Wage Rates.

3. Section 1777.5 - Apprenticeship Requirements.

4. Section 1813 - Penalty for Failure to Pay Overtime.

5. Sections 1810 and 1811 - Working Hour Restrictions.

6. Section 1776 - Payroll Records.

7. Section 1773.8 - Travel and Subsistence Pay.

The City will not recognize any claims for additional compensation because of the payment of the wages set forth in the Contract.

In accordance with the requirements of Labor Code Section 1771.4(a)(1), this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

In accordance with the provisions of the California Labor Code, contractors or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Section 1777.1 or Section 1777.17 of the California Labor Code. Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid or may have been paid to a debarred subcontractor by a contractor on the Project shall be returned to the Agency.

The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the Project.

IN WITNESS WHEREOF: The parties hereto have caused this Contract to be executed the day and year first above written.

CITY OF ARROYO GRANDE CONTRACTOR
By: By:

City Manager
Title
ATTEST:

City Attorney
APPROVED AS TO FORM:

City Attorney
-- END OF CONTRACT --

ATTACHMENTS TO CONTRACT FOR THE CONSTRUCTION OF:
191 TALLY HO FRONTAGE IMPROVEMENTS PROJECT
SPECIFICATION NO. PW 2023-09
ATTACHMENT 1 – PROJECT SCHEDULE
ATTACHMENT 2 – BOND FOR MATERIALS AND LABORERS
ATTACHMENT 3 – BOND FOR FAITHFUL PERFORMANCE
ATTACHMENT 4 – NOTICE TO BIDDERS, BID BOOK, SPECIAL PROVISIONS ATTACHMENT 5 – BID ADDENDA
ATTACHMENT 6 – PLANS
ATTACHMENT 7 - PUBLIC CONTRACT CODE SECTION 9204

ATTACHMENT 1 – PROJECT SCHEDULE

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ATTACHMENT 2 – BOND FOR MATERIALS AND LABORERS

PAYMENT BOND (FOR LABOR AND MATERIAL)
KNOW ALL MEN BY THESE PRESENTS:

That we, , as Principal, and
as Surety, are held and firmly bound unto the City of Arroyo Grande, in the sum of Dollars
($ ) lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents.

The condition of the above obligation is such that whereas said Principal has been awarded and is about to enter into a written contract with the City of Arroyo Grande for the work described in CONTRACT DOCUMENTS FOR THE CONSTRUCTION OF, “191 Tally Ho Frontage Improvements Project - PW 2023-09" which is attached hereto, made a part hereof, and to which reference is hereby made for all particulars, and is required by said City to give this bond in connection with the execution of said contract; NOW THEREFORE, if said Principal, as Contractor in said contract, or Principal's Subcontractor, fail to pay any of the persons referred to in Section 3181 of the Civil Code of the State of California for labor performed, skills or other necessary services bestowed, site improvement made, equipment leased, or appliances, equipment implements, machinery, materials, power, provender, provisions, teams, or trucks furnished or used in, upon, for, or about the performance of the work contracted to be done, or for amounts due under the employment Insurance Act with respect to work or labor performed by any such claimant, said Surety shall pay for the same. In an amount not exceeding the sum specified above; and if suit is brought upon this bond, a reasonable attorney's fee to be fixed by the court. This bond is pursuant to the provisions of Ch 7 Div 3, Pt 4, Tit 15, of the Civil Code of the State of California, and shall insure to the benefit of any of the persons referred to in said Civil Code Section 3181, as it now exists or may hereafter be amended, so as to give a fight of action to such persons or their assigns in any suit brought upon this bond. No premature payment by said City to said Principal shall exonerate any Surety unless the City Council of said City shall have actual notice that such payment is premature at the time and it is ordered by said Council, and then only to the extent that such payment shall result in loss to such Surety, but in no event more than the amount of such premature payment.

It is agreed, that any alterations in the work to be done, or increase or decrease of the material to be furnished, which may be made pursuant to the terms of said contract shall not in any way release either the Principal or Surety hereunder, nor shall any extension of time granted under the provisions of said contract release either the Principal or Surety, and notice of such alterations or extensions of the contract is hereby waived by the surety.

WITNESS our hands this day of , 2023.

Surety Principal
ALL SIGNATURES MUST BE WITNESSED BY NOTARY (Attach appropriate jurats) -- END OF PAYMENT BOND --

ATTACHMENT 3 – BOND FOR FAITHFUL PERFORMANCE

FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:

That we, , as Principal, and
as Surety, are held and firmly bound unto the City of Arroyo Grande, in the sum of Dollars
($ ) lawful money of the United States, for the payment of which sum, well and truly to be made, has been awarded and is about to enter into a written contract with the City of Arroyo Grande for the work described in the CONTRACT DOCUMENTS FOR THE CONSTRUCTION OF THE “191 Tally Ho Frontage Improvements Project - PW 2023-09” which is attached hereto, made a part hereof, and to which reference is hereby made for all particulars, and is required by said City to give this bond in connection with the execution of said contract;
NOW, THEREFORE, if said Principal shall well and truly do and perform all of the covenants and obligations of said contract on Principal's part to be done and performed at the times and in the manner specified therein, then this obligation shall be null and void, otherwise it shall be and remain in full force and effect. No premature payment by said City to said Principal shall exonerate any Surety unless the City Council of said City shall have actual notice that such payment is premature at the time it is ordered by said Council, and then only to the extent that such payment shall result in loss to such Surety, but in no event more than the amount of such premature payment.

It is agreed, that any alterations in the work to be done, or increase or decrease of the material to be furnished, which may be made pursuant to the terms of said contract shall not in any way release either the Principal or Surety hereunder, nor shall any extensions of time granted under the provisions of said contract release either the principal or surety, and notice of such alterations or extensions of the contract is hereby waived by the Surety.

WITNESS our hands this day of , 2023.

Surety Principal
ALL SIGNATURES MUST BE WITNESSED BY NOTARY (Attach appropriate jurats) -- END OF FAITHFUL PERFORMANCE BOND –

ATTACHMENT 4 - NOTICE TO BIDDERS, SPECIAL PROVISIONS, TECHNICAL

PROVISIONS, BID BOOK

NOTICE TO BIDDERS

SPECIAL PROVISIONS

BID BOOK
FOR
2023 TALLY HO FRONTAGE IMPROVEMENTS
SPECIFICATION NO. PW 2023-09
APPROVAL DATE: August 8, 2023
ENGINEERING STANDARDS AND SPECIFICATIONS DATED: APRIL 2016

PUBLIC WORKS DEPARTMENT
1375 ASH STREET
ARROYO GRANDE, CA 93420

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NOTICE TO BIDDERS
i

BID SUBMISSION

CITY OF ARROYO GRANDE, CALIFORNIA
Sealed bids will be received by the City of Arroyo Grande at the Public Works Administration Office located at 1375 Ash Street, Arroyo Grande, California 93420, until 2:00 P.M. on August 31, 2023
at which time they will be publicly opened and read aloud. Submit bid in a sealed envelope plainly marked:
2023 TALLY HO FRONTAGE IMPROVEMENTS
SPECIFICATION NO. PW 2023-09
Questions may be submitted by email to Shannon Sweeney, City Engineer at:
[email protected],
Questions will be received until:
2:00 P.M. on August 17, 2023
Answers to questions received by the deadline will be submitted to all known bid holders.

Questions received after the bid deadline will not be answered.

Any bid received after the time and date specified will not be considered and will be returned to the bidder unopened. Bids received by Fax or Email will not be considered.

By submission of bid you agree to comply with all instructions and requirements in this notice and the contract documents.

All bids must be submitted on the Bid Item List form(s) provided and submitted with all other Bid Forms included in these Special Provisions.

Each bid must be accompanied by either a:

1. certified check

2. cashier's check

3. bidder's bond
made payable to the City of Arroyo Grande for an amount equal to ten percent of the bid amount as a guaranty. Guaranty will be forfeited to the City Arroyo Grande if the bidder, to whom the contract is awarded, fails to enter into the contract.

The City of Arroyo Grande reserves the right to accept or reject any or all bids or waive any informality in a bid.

NOTICE TO BIDDERS
ii
All bids are to be compared on the basis of the Public Works Director's estimate of the quantities of work to be done, as shown on the Bid Item List.

Bids will only be accepted from bidders that are licensed in compliance with the provisions of Chapter 9, Division III of Business and Professions Code.

The award of the contract, if awarded, will be to the lowest responsive bid submitted by a responsible contractor whose bid complies with the requirements prescribed herein. If the contract is awarded, the contract will be awarded within 60 calendar days after the opening of the bids.

Failure to raise defects in the notice to bidders or bid forms prior to bid opening constitute a waiver of those defects.

BID DOCUMENTS
A copy of the plans and specifications may be downloaded, free of charge, from the City’s website at: http://www.arroyogrande.org/Bids.aspx. Plans and specifications are available for viewing at the following plan rooms:

1. Central California Builders Exchange

2. Santa Maria Valley Contractors Association

3. Central Coast Builders Association

4. San Luis Obispo County Builders Exchange
A printed copy of the plans and specifications may be obtained by contacting:

Crisp Imaging
618 East Grand Avenue
Arroyo Grande, CA 93420
(805) 481-1655
for a non-refundable fee of the cost of duplication.

Standard Specifications and Engineering Standards referenced in the Special Provisions may be downloaded, free of charge, from the City’s website at:
http://www.arroyogrande.org/DocumentCenter/Home/View/3151.

A printed copy of the Standard Specifications and Engineering Standards may be obtained by contacting:

Crisp Imaging
618 East Grand Avenue
Arroyo Grande, CA 93420
(805) 481-1655
for a non-refundable fee of the cost of duplication.

You are responsible to obtain all issued addenda prior to bid opening. Addenda will be available to download at the City’s website listed above or at the office of the Public Works Director. Contact the interim Capital Improvement Project Manager, Paul Henderson at (805) 473-5456 or the Public Works Department at (805) 473-5460 prior to bid opening to verify the number of addenda issued.

NOTICE TO BIDDERS
iii
You are responsible to verify your contact information is correct on the plan holders list located on the City’s website at: http://www.arroyogrande.org/Bids.aspx.

PROJECT INFORMATION
In general, the project consists of constructing a retaining structure, demolition and repair of portions of existing retaining and site walls, and removal and replacement of the existing water meter and service lateral to 191 Tally Ho. This project is the precursor to adjacent concrete and hot mix asphalt pavement repairs which will be completed by others after the completion of the 2023 TALLY HO FRONTAGE IMPROVEMENTS project.

The project estimated construction cost for the Base Bid is $75,000.

Contract time is established as 30 working days.

PREVAILING WAGES
In accordance with the provisions of California Labor Code Sections 1770,1773, 1773.1, 1773.6 and 1773.7 as amended, the Director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with the standards set forth in Section 1773 for the locality in which the work is to be performed.

A copy of said wage rates is on file at the office of the Owner. It shall be mandatory upon the contractor to whom the work is awarded and upon any subcontractor under the contractor to pay not less than said specified rates to all workmen employed by them in the execution of the work.

Contractor Registration with Department of Industrial Relations In accordance with California Labor Code Section 1725.5, Contractors and Subcontractors (as defined by California Labor Code Section 1722.1) bidding on Public Works contracts in California shall be registered with the Department of Industrial Relations prior to bidding. Failure to provide proof of Contractor’s registration as part of the Bid shall deem the Bid as non-responsive and will therefore be rejected by Owner.

Compliance Monitoring and Enforcement
In accordance with the requirements of Labor Code Section 1771.4(a)(1), Bidders are hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relation.

QUALIFICATIONS
In accordance with the provisions of California Public Contract Code Section 3300, the City has determined that the contractor shall possess a valid Class A or C8 at the time of bid issuance. Failure to possess the specified license shall render the Bid as nonresponsive and shall act as a bar to award of the Contract to any bidder not possessing said license at the time of award. In the event of dispute over classification of the license required, the opinion of the Contractor’s State License Board shall prevail.

NOTICE TO BIDDERS
iv
You must have experience constructing projects similar to the work specified for this project. Provide three similar reference projects completed as either the prime or subcontractor. One of the three reference projects must have been completed under contract with a City, County, State or Federal Government agency as the prime contractor. All referenced projects must be completed within the last five years from this project’s bid opening date.

All referenced projects must be for installation of concrete sidewalk facilities, concrete grinding/slicing, and minor irrigation repair work.

Failure to provide reference projects as specified in this section and as required on the qualification form may be cause to reject a bid as being non-responsive.

It is the City of Arroyo Grande’s intent to award the contract to the lowest responsive bid submitted by a responsible bidder. If in the bidder’s opinion the contract has been or may be improperly awarded, the bidder may protest the contract award.

Protests must be filed no later than five working days after either:

1. bid opening date

2. notification of rejected bid.

Protest must be in writing and received by the project manager located at:
1375 Ash Street
Arroyo Grande, CA 93420.

Valid protests must contain the following information:

1. the reasons for the protest

2. any supporting documentation

3. the ruling expected by the City to remedy the protest.

Any protest not containing all required information will be deemed invalid and rejected.

The City will consider additional documentation or other supporting information regarding the protest if submitted in compliance with the specified time limits. Anything submitted after the specified time limit will be rejected and not be considered.

The Director of Public Works or Designee may request additional information to be submitted within three days of the request, unless otherwise specified, and will notify the protester of ruling within ten days of determination.

Pursuant to the Public Records Act (Government Code, §6250, et seq.), the City will make public records available upon request.

AWARD
The lowest bidder will be determined using the BASE BID.

The City intends to award a contract to the responsive and responsible bidder with the lowest base bid price. All bids submitted shall be in accordance with the provisions of the

NOTICE TO BIDDERS
v
contract documents. The City specifically reserves the right, in its sole discretion, to reject any or all bids, to re-bid, or to waive inconsequential defects in bidding not involving time, price or quality of the work. City may waive any minor irregularities in the bids. Any bid may be withdrawn prior to bid opening but not afterward.

As a condition to executing a contract with the City, two bonds each equal to one hundred percent of the total contract price are required in compliance with Section 3-1.05 of the Standard Specifications.

The City intends to award this Contract on: September 12, 2023.

Deposit of Securities in Lieu of Retainage.

The Contractor may elect to receive 100 percent of payment due under the Contract Documents from time to time, without retention of any portion of the payment by the City, by depositing securities of equivalent value with the City in accordance with the provisions of Section 22300 of the California Public Contract Code. Such securities, if deposited by the Contractor, shall be valued by the City, whose decision on valuation of the securities shall be final. Securities eligible for investment under this provision shall be limited to those listed in Section 16430 of the California Government Code or bank or savings and loan certificates of deposit.

Agreement to Assign.

In accordance with Section 4552 of the California Government Code, the bidder shall conform to the following requirements: In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act 15 U.S.C. 15, or under the Cartwright Act, Chapter 2.

ACCOMMODATION
If any accommodations are needed to participate in the bid process, please contact the Public Works Department at (805) 473-5460. Requests should be made as soon as possible to allow time for accommodation.

NOTICE TO BIDDERS
vi
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BID BOOK
N
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SPECIAL PROVISIONS
1 ORGANIZATION
Special provisions are under headings that correspond with the main section heading of the Standard Specifications. Each special provision begins with a revision clause that describes or introduces a revision to the Standard Specifications. Any paragraph added or deleted by a revision clause does not change the paragraph number of the Standard Specifications for any other reference to a paragraph of the Standard Specifications.

DIVISION I GENERAL PROVISIONS
1 GENERAL
Add to Section 1-1.01 GENERAL
The work must be done in compliance with the City of Arroyo Grande, Department of Public Works:

1. 2023 Tally Ho Frontage Improvements, PW 2023-09 Special Provisions

2. City of Arroyo Grande Engineering Standards and Standard Specifications – 2016 edition

3. State of California, Department of Transportation Standard Specifications and Standard Plans – 2015 edition
In case of conflict between documents, governing ranking must comply with section 5-

1.02 of the City of Arroyo Grande’s Standard Specifications.

Failure to comply with the provisions of these sections is a material breach of contract:

1. Sections 6 through 8 of the Standard Specifications

2. Section 12 through 15 of the Standard Specifications

3. Section 77-1 of the Standard Specifications

4. Section 81 of the Standard Specifications

5. authorized working hours

6. OSHA compliance
Replace Holiday in Section 1-1.07B Glossary with:

Holiday: Holiday shown in the following table for 2023:

SPECIAL PROVISIONS
2 2023 Holidays
Holiday Date observed
New Year's Day January 1st
Martin Luther King Day January 16th
Lincoln’s Birthday February 13th
President’s Day February 20th
Memorial Day May 29th
Independence Day July 4th
Labor Day September 4th
Veterans Day November 11th
Thanksgiving Day November 23rd
Day Following Thanksgiving November 24th
Day Before Christmas December 24th
Christmas December 25th
New Year’s Eve December 31st
Replace Section 1-1.12 with:
1-1.12 MISCELLANY
Make checks and bonds payable to the City of Arroyo Grande. 3 CONTRACT AWARD AND EXECUTION
Add to Section 3-1.20 PAYMENT
Payment for Mobilization, Bonds, and Insurance is on a lump sum basis as indicated in the Bid Schedule.
4 SCOPE OF WORK
Add to Section 4-1.03 WORK DESCRIPTION
The work should be in compliance with the City Standards and the special provision for general, material, construction, and payment specifics. The reference to specific sections does not relieve the Contractor from compliance with State and local statutes, City Standards, and the Contract Documents.
5 CONTROL OF WORK
Add to Section 5-1.36D Nonhighway Facilities
Existing third-party (non-City-owned) utilities are shown on project plans for information purposes only. It is your responsibility to contact “Underground Service Alert USA” and have site marked prior to start of excavation or sawcutting. The City of Arroyo Grande is not responsible for any:
damages
costs
delay
expenses

SPECIAL PROVISIONS
3 resulting from a third-party underground facility operator’s failure to comply with stipulations as set forth in 4216.7.(c) of California Government Code.

Add to Section 5-1.43A General
Potential claim forms are located on the Caltrans’ website:
http://www.dot.ca.gov/hq/construc/forms.htm
Effective January 1, 2017, the provisions of Public Contract Code Section 9204 govern claims by the Contractor to the City.
7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC
Delete from 6th paragraph of Section 7-1.03 PUBLIC CONVENIENCE Delete “in Arroyo Grande” from the phrase, “Of two individuals in Arroyo Grande,”.

Add to Section 7-1.03B Traffic Control Plan
Work hours are restricted to 8:00 a.m. to 5:00 p.m. on all streets.

Provide traffic control plan at or before the preconstruction meeting. Traffic control plan must be drawn to scale. Upon approval of the traffic control plan, the City will issue a nofee Encroachment Permit. Permittee (Contractor) is responsible to comply with all conditions of the traffic control plan. Complete work using due diligence in order to restore free flowing of traffic in a safe manner.

DIVISION II GENERAL CONSTRUCTION
13 WATER POLLUTION CONTROL
Add to 2nd paragraph in Section 13-1.01A Summary
A minor WPCP plan form may be obtained on the City’s website:
https://www.arroyogrande.org/DocumentCenter/View/3155/Water-Pollution-ControlPlan-for-Minor-Projects 15 EXISTING FACILITIES
Add to Section 15-1.03 CONSTRUCTION
The Contractor shall preserve any existing utility facilities within the project area unless otherwise noted.

Contractor shall protect existing walls, asphalt concrete and Portland cement concrete to remain except as noted in the plans.

During excavation adjacent to existing walls, contractor shall be prepared to support walls with appropriate bracing or shoring. The extent of existing wall foundations is unknown.

Contractor shall call the engineer of record and geotechnical engineer to observe the bottom of existing foundations, if exposed, before proceeding. Contractor shall fill voids

SPECIAL PROVISIONS
4 beneath existing foundations with a 2-sack slurry to the bottom of the excavation (minimum 6 inches below existing foundation) and at least 6 inches beyond the horizontal extents of the existing foundation, placed in a neat trench or formwork, as appropriate.

Existing asphalt concrete that is disturbed or destroyed during excavation and construction shall be backfilled to preconstruction grade with aggregate base to the satisfaction of Engineer.

Add to Section 15-1.04 Payment
Protection and Replacement of existing city and private facilities shall be included in the price paid for various items of work.

DIVISION III EARTHWORK AND LANDSCAPE
17-1 GENERAL
Add to Section 17-1.01A General
Site preparation, general grading, foundation excavations and placement of engineered fill shall be in accordance with the geotechnical engineering recommendations, contained within Report 305799-001, by Earth Systems. In the event of conflict between the project plans, these special provisions, and the City Standard Plans and Specifications, the most stringent of the conflicting requirements shall govern unless otherwise approved through the RFI process.
17-2 CLEARING AND GRUBBING
Add to Section 17-2.03A General
Mark all trees to be removed with a dot of red paint on the trunk side facing the street.

City Staff must verify all trees for removal before work.

Submit a Traffic Control Plan for approval by the City Engineer in advance of any work that impacts a travel way.

The Contractor shall locate, protect and preserve all existing landscape irrigation adjacent to the project areas (unless noted otherwise) and is responsible for repairing or replacing any existing landscape irrigation damaged during construction activities.

Add to Section 17-2.03B Clearing
Clear trees indicated for removal on the plans.

Replace Section 17-2.03D Disposal of Materials with the following:

Dispose of all objectionable materials resulting from clearing and grubbing activities.

Replace Section 17-2.04 Payment with the following:

Payment for tree removal is paid on a unit cost basis as identified in the Bid Schedule.

SPECIAL PROVISIONS
5 19 EARTHWORK
Add to Section 19-1.03 General the following:

Earthwork shall be in accordance with the geotechnical engineering recommendations, contained within Report 305799-001, by Earth Systems. In the event of conflict between the project plans, these special provisions, and the City Standard Plans and Specifications, the most stringent of the conflicting requirements shall govern unless otherwise approved through the RFI process.

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APPENDIX 1 – SAMPLE AGREEMENT
1 Sample Agreement was included in Bid Package
Deleted from this Contract Agreement to prevent confusion

GEOTECHNICAL ENGINEERING REPORT
CITY OF ARROYO GRANDE – 191-195 TALLY HO RETAINING WALL 191/195 TALLY HO ROAD

ARROYO GRANDE, CALIFORNIA
January 27, 2022
Prepared for
Ms. Robin Dickerson
City of Arroyo Grande
Prepared by
Earth Systems Pacific
4378 Old Santa Fe Road
San Luis Obispo, CA 93401
Copyright © 2023

January 27, 2023
FILE NO.: 305799-001
Ms. Robin Dickerson
City of Arroyo Grande
300 E Branch Street
Arroyo Grande, CA 93420
PROJECT: CITY OF ARROYO GRANDE – 191-195 TALLY HO RETAINING WALL 191/195 TALLY HO ROAD

ARROYO GRANDE, CALIFORNIA
SUBJECT: Geotechnical Engineering Report

CONTRACT
REF: Earth Systems Pacific Proposal for Geotechnical Engineering Investigation and Pavement and Retaining Wall Recommendations, City of Arroyo Grande – Tally Ho Road Widening, 191 & 195 Tally Ho Road, Arroyo Grande, California, dated November 11, 2022, Doc. No. SLO-2211-047.PRP Dear Ms. Dickerson:

As per your authorization of the referenced proposal, this geotechnical engineering report has been prepared for use in the development of plans and specifications for the City of Arroyo Grande – 191-195 Tally Ho Retaining Wall project in Arroyo Grande, California. Preliminary geotechnical recommendations for site preparation, grading, pedestrian flatwork, retaining walls, pavement design, drainage and maintenance, and observation and testing are presented herein. One bound copy and an electronic copy of this report are furnished for your use.

We appreciate the opportunity to have provided services for this project and look forward to working with you again in the future. If there are any questions concerning this report, please do not hesitate to contact the undersigned.

Sincerely,
Earth Systems Pacific
Robert Down, PE Samuel Venable, EIT
Principal Engineer Staff Engineer
Doc. No.: 2301-035.SER/cr

iii
Table of Contents
COVER LETTER ................................................................................................................ ii

1.0 INTRODUCTION AND SITE SETTING .............................................................................. 1

2.0 SCOPE OF SERVICES ...................................................................................................... 1

3.0 FIELD INVESTIGATION AND LABORATORY ANALYSIS ................................................... 2

4.0 GENERAL SUBSURFACE ................................................................................................. 3

5.0 CONCLUSIONS ............................................................................................................... 4

6.0 GROUND MOTION ANALYSIS ........................................................................................ 5

7.0 GEOTECHNICAL RECOMMENDATIONS ......................................................................... 5 Site Preparation ............................................................................................................ 6 Grading .......................................................................................................................... 7 Pedestrian Flatwork ...................................................................................................... 8 Retaining Walls ............................................................................................................. 9 HMA Pavement Sections............................................................................................. 12 Drainage and Maintenance......................................................................................... 12 Observation and Testing ............................................................................................. 13

8.0 CLOSURE...................................................................................................................... 15 TECHNICAL REFERENCES ......................................................................................................... 16

APPENDICES
APPENDIX A Figure 1 - Site Vicinity Map
Figure 2 - Exploration Location Map
Boring Log Legend
Boring Logs

APPENDIX B Laboratory Test Results

City of Arroyo Grande – 195-195 Tally Ho Retaining Wall January 27, 2023 Arroyo Grande, California
305799-001 1 2301-035.SER

1.0 INTRODUCTION AND SITE SETTING
The proposed project will consist of the widening of Tally Ho Road and a new retaining wall at 191 and 195 Tally Ho Road in Arroyo Grande, California (see Figure 1 – Site Vicinity Map in Appendix A). The site is located at the approximate coordinates of latitude 35.1294N and longitude 120.5752W, which were obtained from the Google Earth Website (Google Earth 2022).

The retaining wall is proposed in an easement at 191 Tally Ho Road. An existing approximately 5- foot vertical cut is in the proposed location of the retaining wall. Prior to the cut, the easement included the front slope of 191 Tally Ho Road, which descended into the westbound lane of Tally Ho Road. The proposed road widening will extend from the existing Tally Ho Road pavement to the proposed retaining wall area. Earth Systems has anticipated pedestrian flatwork between the road widening and the retaining wall. The retaining wall is expected to be less than 6 feet.

2.0 SCOPE OF SERVICES
The authorized scope of work included a general site reconnaissance, field exploration, laboratory tests, geotechnical analysis of the data gathered, and preparation of this report. The analysis and subsequent recommendations were based on verbal information and a general project location plan provided by the client.

This report and recommendations are intended to comply with the considerations of Sections 1803.1 through 1803.6, J104.3 and J104.4, as applicable, of the 2019 California Building Code (CBC) and common geotechnical engineering practice in this area under similar conditions at this time. The test procedures were accomplished in general conformance with the standards noted, as modified by common geotechnical engineering practice in this area under similar conditions at this time.

Preliminary geotechnical engineering recommendations for site preparation, grading, pedestrian flatwork, retaining walls, HMA pavement design, drainage and maintenance, and observation and testing are presented to guide the development of project plans and specifications. As there may be geotechnical issues yet to be resolved, the geotechnical engineer should be retained to provide consultation as the design progresses. It may also be advantageous to retain the geotechnical engineer to review project plans as they near completion to assist in verifying that pertinent geotechnical issues have been addressed and to aid in conformance with the intent of this report.

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It is our intent that this report be used exclusively by the client to form the geotechnical basis of the design of the project and in the preparation of plans and specifications. Application beyond this intent is strictly at the user’s risk.

This report does not address issues in the domain of contractors such as, but not limited to, site safety, loss of volume due to stripping of the site, shrinkage of soils during compaction, dewatering, construction means and methods, etc. Analyses of aerial or site geology, or of the soil for corrosivity, radioisotopes, asbestos (either naturally occurring or in man-made products), lead or mold potential, hydrocarbons, or chemical properties is beyond the scope of this report.

Any ancillary features such as flag or light poles, temporary access roads, and non-structural fills are not within our scope and are also not addressed. Design and/or suitability of LID features such as retention basins, bio swales, or other improvements are also beyond our scope.

In the event that there are any changes in the nature, design, or location of improvements, or if any assumptions used in the preparation of this report prove to be incorrect, the conclusions and recommendations contained in this report shall not be considered valid unless the changes are reviewed and the conclusions of this report modified or verified by the geotechnical engineer in writing. The criteria presented in this report are considered preliminary until such time as any peer review or review by any jurisdiction has been completed, conditions have been observed by the geotechnical engineer in the field during construction, and the recommendations have been verified as appropriate, or modified by the geotechnical engineer in writing.

3.0 FIELD INVESTIGATION AND LABORATORY ANALYSIS
A total of two exploratory borings were drilled at the site on December 22, 2022 to maximum depths of 11.5 feet below the existing ground surface (bgs). The borings were drilled with a truckmounted Mobile Model B-53 drill rig equipped with a 6-inch outside diameter hollow stem auger and an automatic hammer for sampling. As the borings were advanced, soil samples were obtained using a 3-inch outside diameter ring-lined barrel sampler (ASTM D 3550-17 with shoe similar to ASTM D 2937-17). Bulk samples were also obtained from the auger cuttings. The approximate locations of the borings are shown on Figure 2 – Exploration Location Map in Appendix A.

Soils encountered in the borings were categorized and logged in general accordance with the Unified Soil Classification System and ASTM D 2488-17. Where bedrock was encountered, its properties were described based upon observation of ring and/or Standard Penetration Test

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samples, observation of the auger cuttings, the effort required to drill into the bedrock, and the effort required to drive samplers into the bedrock. Logs of the borings are presented in Appendix A, along with a Boring Log Legend. In reviewing the boring logs and legend, the reader should recognize that the legend is intended as a guideline only, and there are a number of conditions that may influence the characteristics observed during drilling. These include, but are not limited to, the presence of cobbles or boulders, cementation, variations in soil moisture, presence of groundwater, and other factors. Consequently, the logger must exercise judgment in interpreting soil and bedrock characteristics, possibly resulting in soil or bedrock descriptions that vary from the legend. It should be noted that the descriptions of bedrock must span a much wider range of density and strength characteristics than soil and are relative to other bedrock strata. For example, fractured and weathered bedrock may be described as “soft”, yet will be considerably harder than almost any type of soil. Conversely, clay soil may be described as “hard”, however it will not be nearly as hard as even “soft” bedrock.

Selected samples were tested in our laboratory to determine the bulk density (ASTM D 2937-17, as modified for ring liners), moisture content (ASTM D 2216-10), maximum density and optimum moisture content (ASTM D 1557-12, modified), direct shear (ASTM D 3080/D 3080M-11, in situ and remolded to 90 percent of maximum density), grain size distribution (sieve/hydrometer per ASTM D 422-63/07; D1140-17), and R-value (ASTM D 2844/D2844M-18). The laboratory test results are presented in Appendix B.

4.0 GENERAL SUBSURFACE
The subsurface profiles found in the exploratory borings consisted of alluvial soils overlying the Pismo Formation. The Pismo Formation was encountered at 5 feet bgs and 1 foot bgs in Borings 1 and 2, respectively. In Boring 1, the existing pavement section consisted of 4.5 inches of asphaltic concrete over 5 inches of aggregate base. Fill soils, extending to 2 feet bgs and consisting of stiff sandy lean clay, overlied alluvium. The alluvium consisted of loose silty sand and was logged as being moist to very moist. In Boring 2, disturbed top soil, consisting of soft sandy lean clay, overlied the Pismo Formation. The Pismo Formation consisted of siltstone overlying silty sandstone, which extended to the maximum depth explored. The siltstone was logged as soft, moderately weathered, thinly bedded, and moist to very moist. The silty sandstone was logged as soft, slightly to moderately weathered, and moist. Free subsurface water was not encountered to the maximum depth explored of 11.5 feet bgs.

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Please refer to the boring logs in Appendix A for a more complete description of the subsurface conditions encountered at the site.

5.0 CONCLUSIONS
In our opinion, the site is suitable, from a geotechnical engineering standpoint, for the proposed project, provided the recommendations contained herein are implemented in the design and construction. From a geotechnical engineering standpoint, the primary concerns are the potential for strong ground shaking and the presence of expansive soil to impact the site.

Strong Ground Shaking
The site is in a region of high seismic activity with the potential for large seismic events that could generate strong ground shaking. The CBC requires that seismic loads be considered in structural design. A seismic analysis was undertaken to provide seismic acceleration design parameters; the results are presented in the “Section Design Parameters” section of this report for use by others in the structural design process.

The 2010 ASCE 7 method with 2013 updates available on the Structural Engineers Associate of California (SEAOC) Seismic Design Map Tool website (SEAOC, 2021) was used for the seismic analysis. The risk category for buildings and structures is assigned by others in accordance with CBC Table 1604.5; however, based on our current understanding of the project, we selected Risk Category II for our analysis. Based upon the subsurface conditions encountered during our subsurface investigation, Site Class “C”, “Very Dense Soil and Soft Rock”, was used. A general ground motion seismic analysis was performed, assuming that Exception 2 listed in Section 11.4.8 (ASCE, 2017) will apply to the project. We also provided seismic parameters if the Simplified Lateral Force Analysis Procedure from Section 12.14.8 (ASCE, 2017) will be used in structural design.

Expansive Soil
Expansion index tests performed on samples of the alluvium and siltstone produced expansion indices of 0 and 67, respectively. Per Section 1803.5.3 of the 2019 CBC, soils are considered to be non-expansive for expansion index values of 20 or less and expansive for values higher than 20.

Using the terminology typically associated with the ASTM test method for expansion, the alluvium soils are considered to have “very low” expansion potential and the siltstone is considered to have “medium” expansion potential. Expansive soils tend to swell with seasonal increases in moisture and shrink during the dry season as subsurface moisture decreases. The

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volume changes that these materials undergo in this cyclical pattern can stress and damage slabs and foundations if precautionary measures are not incorporated into the design and construction procedures. Use of slightly deepened foundations combined with moisture control of the soil are recommended to provide protection for these features. Imported non-expansive soils are recommended to be placed beneath pedestrian flatwork.

6.0 GROUND MOTION ANALYSIS
The site is in a region of high seismic activity, with the potential for large seismic events that could generate strong ground shaking; therefore, a seismic analysis was undertaken to provide seismic design acceleration parameters. The seismic acceleration site parameters included in the table below have been provided to the design team for use in its analyses. The 2010 ASCE 7 method with 2013 updates, available on the Structural Engineers Association of California website (SEAOC 2021), was used to obtain the parameters. The project was considered to be a “nonessential” facility from the perspective of risk category as described by the CBC. The site coordinates stated in the “Introduction and Site Setting” section were used in the analysis. Based upon the subsurface conditions encountered during our investigation, the site should be classified as Site Class C (Very Dense Soil and Soft Rock). Foundations may be designed using the following 2019 CBC seismic parameters.

Table 1 – Seismic Acceleration Site Parameters
Mapped Spectral
Response
Accelerations
Site Coefficients for
Site Class C
Adjusted MCE
Spectral Response
Accelerations for
Site Class C
Design Spectral
Response
Accelerations for
Site Class C
Seismic
Parameter
Value
(g)
Site
Coefficient Value
Seismic
Parameter
Value
(g)
Seismic
Parameter
Value
(g)
SS 1.090 Fa 1.2 SMS 1.308 SDS 0.872
S1 0.397 Fv 1.5 SM1 0.596 SD1 0.397
Peak Mean Ground Acceleration (PGAm) : 0.575 g
Seismic Design Category: D

7.0 GEOTECHNICAL RECOMMENDATIONS
These recommendations are applicable for the improvements as described in the “Introduction and Site Setting” Section of this report. If other improvements not previously mentioned are included, the geotechnical engineer should be contacted for revised recommendations.

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Unless otherwise noted, the following definitions are used in the recommendations presented below. Where terms are not defined, definitions commonly used in the construction industry are intended.
x HMA Pavement Areas: The footprint of the hot mix asphalt (HMA) pavement. x Site Retaining Wall Foundation Area: The footprint of the retaining wall footing. x Subgrade: The elevations in HMA and Pedestrian Flatwork Areas where aggregate base (AB) or imported non-expansive material will be placed to support these improvements. x Aggregate Base (AB): Class 2, per the Standard Specifications (Caltrans 2018a). x Scarified: Thoroughly plowed or ripped in two orthogonal directions to a depth of not less than 8 inches.
x Moisture Conditioned: Soil moisture content adjusted to just above optimum moisture content prior to application of compactive effort.
x Compacted / Recompacted: Soils placed in level lifts not exceeding 8 inches in loose thickness and compacted to a minimum of 90 percent of maximum dry density, unless specified otherwise. The standard tests used to establish maximum dry density and field density should be ASTM D 1557-12 and ASTM D 6938-17, respectively, or other methods acceptable to the geotechnical engineer and jurisdiction.

Site Preparation

1. The ground surface throughout the grading area should be prepared for construction by removing vegetation, debris, any existing improvements, and other deleterious materials.

Utilities should be identified and relocated as required prior to performing excavations.

Existing utility lines that will not remain in service should be either removed or abandoned. All strippings and debris should be removed from the site to preclude their incorporation in excavation backfill.

2. Voids created by the removal of materials or utilities described above should be called to the attention of the geotechnical engineer. No fill should be placed unless the underlying soil has been observed by the geotechnical engineer.

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Grading
Pedestrian Flatwork Areas

1. The soil in the exterior pedestrian flatwork areas should be overexcavated to a minimum depth of 2 feet below planned finished surface elevation. The soil surface exposed by overexcavation should be scarified, moisture conditioned, and recompacted. If bedrock is exposed by overexcavation, scarification should be neglected. Imported non-expansive soil should then be placed in compacted lifts to subgrade elevation. Once subgrade is established and compacted, the placement, moisture conditioning, and compaction of aggregate base or any non-expansive soil can proceed. Non-expansive material is described below in paragraph 2.

2. Non-expansive soils are defined as falling into the GW, SC, SP, or SW categories (ASTM D 2487-17) and having an expansion index of 10 or less (ASTM D 4829-19). Imported nonexpansive soils should have strength qualities equal to or better than the site soils. All proposed imported fill should be approved by the geotechnical engineer before being transported to the site and periodically during construction.

HMA Pavement Areas

1. The soil in HMA pavement areas should be overexcavated to 1 foot below the planned subgrade elevation or 1 foot below existing grade, whichever is deeper. The exposed surfaces should then be scarified, moisture conditioned and recompacted. If bedrock is exposed by overexcavation, scarification should be neglected.

General Grading

1. All materials used as fills should be cleaned of all debris and any rocks larger than 6 inches in the maximum dimension. When fill material includes rock, the rocks should be placed in a sufficient soil matrix the ensure that voids caused by nesting of the rocks will not occur and that this fill can be properly compacted.

2. Generally, all soils should be compacted to a minimum of 90 percent of maximum dry density as defined above; however, the upper foot of subgrade and all aggregate base in HMA areas should be compacted to a minimum of 95 percent of maximum dry density.

Subgrade and aggregate base in areas to be paved should be firm and unyielding when proof rolled with heavy, rubber-tired grading equipment prior to continuing construction.

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3. If soils become disturbed near improvements such as foundations, flatwork, pavement, curbs, etc., damage to those improvements may result. Soils that are disturbed should be removed, moisture conditioned, and recompacted.

4. If the soils become unstable, or if the recommended compaction cannot be readily achieved, drying the soil to just above optimum moisture content may be necessary.

Placement of gravel layers or geotextiles may also be necessary to help stabilize unstable soils. If such conditions are found, the geotechnical engineer should be contacted to assist the contractor in selecting appropriate measures for stabilization of unstable soils.

5. The recommended soil moisture content should be maintained during construction and throughout the life of the project. Failure to maintain the soil moisture content can result in cracks and disturbance, which are an indication of degradation of the soil compaction. If cracks are allowed to develop, or if soils near improvements such as foundations, flatwork, pavement, curbs, etc. are otherwise disturbed, damage to those improvements may result.

Soils that have been or are otherwise disturbed should be removed, moisture conditioned, and compacted.

Pedestrian Flatwork

1. PCC pedestrian flatwork should have a minimum thickness of 4 full inches. Reinforcement size, placement, and dowels should be as directed by the architect/engineer; minimum pedestrian flatwork reinforcement should consist of No. 3 rebar placed at 24 inches on center each way.

2. In conventional construction, it is common to use four to six inches of sand beneath exterior flatwork. Due to the potentially expansive soils at the site, it is recommended that a minimum of 12 inches of non-expansive soil be placed and compacted under the flatwork.

In addition to the placement of non-expansive material in the pedestrian flatwork areas as described in the “Grading” section, another measure that can be taken to reduce the risk of movement of flatwork due to expansive soils is to provide thickened edges or grade beams around the perimeters of the flatwork. The thickened edges or grade beams could be from 12 to 27 inches deep, with the deeper edges or grade beams providing better protection. At a minimum, the thickened edge or grade beam should be reinforced by two No. 4 rebars, one at the top and one at the bottom. The use of thickened edges or grade beams is left to the discretion of the city and/or architect/engineer.

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3. For an added level of protection, the flatwork can be provided with perimeter trenched edges a minimum of 3 inches deeper than the chosen nonexpansive layer. The trenched edges should be reinforced with No. 4 rebar top and bottom. The decision regarding the thickness of nonexpansive material to use below flatwork, as well as the use of trenched edges, is left to the architect/engineer or owner.

4. Flatwork should be constructed with frequent joints to allow articulation as the flatwork moves in response to seasonal soil temperature and moisture variations. The soil below flatwork should be moisture conditioned prior to casting the flatwork.

5. Flatwork surfaces should be sloped to freely drain toward appropriate drainage facilities.

Water should not be allowed to stand or pond on or adjacent to pavement or other improvements as it could infiltrate into the aggregate base and/or subgrade, causing premature pavement deterioration.

6. Where maintaining the elevation of the pedestrian flatwork is critical, the flatwork should be doweled to the perimeter of adjacent improvements, at a minimum, by No. 3 dowels lapped to the flatwork rebar. In other areas, the flatwork may be doweled to the foundation or the flatwork may be allowed to “float free,” at the discretion of the architect/engineer.

Flatwork that is intended to float free should be separated from foundations or other improvements by a felt joint or other means.

Retaining Walls

1. Retaining wall foundation excavations should be cut neatly and bear a minimum of 24 inches below grade and a minimum of 12 inches into undisturbed bedrock.

2. Retaining wall footings should be reinforced in accordance with the requirements of the architect/engineer; however, minimum reinforcement should consist of two No. 4 rebars, on the top and one at the bottom.

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3. Retaining wall design may be based on the following parameters:

Table 2: Retaining Wall Design Parameters
Parameter Backfill Type Value
Active Equivalent Fluid Pressure Crushed Bedrock 40 pcf Imported Sand/Gravel 35 pcf
At-rest Equivalent Fluid Pressure Crushed Bedrock 55 pcf Imported Sand/Gravel 50 pcf
Passive Equivalent Fluid Pressure On Site Soils and Bedrock 325 pcf Maximum Toe Pressure Bedrock 3,000 psf
Coefficient of Sliding Friction Bedrock 0.50

4. No surcharges are taken into consideration in the values presented in the previous paragraph. The maximum toe pressure is an allowable value; no factors of safety, load factors or other factors have been applied to the remaining values. With the exception of the maximum toe pressure, these values will require application of appropriate factors of safety, load factors, and/or other factors as deemed appropriate by the architect/engineer.

5. The upper foot of backfill behind all retaining walls should consist of native soil, except in areas where surface improvements will abut the top of the wall. In such cases, the gravel should extend to the aggregate base or other material below the improved surface, as appropriate. If gravel backfill is utilized, the gravel should be encased in a permeable synthetic filter fabric conforming to standard specification section 96-1.02B – Class C (Caltrans 2018a).

6. The active and at-rest pressures presented in the table above are applicable to a horizontal retained surface behind the wall. Walls having a retained surface that slopes upward from the wall should be designed for an additional equivalent fluid pressure of 1 pcf for the active case and 1.5 pcf for the at-rest case, for every two degrees of slope inclination.

7. It is assumed that retaining wall heights will not exceed 6 feet; therefore, per Section 1803.5.12.1 of the 2019 CBC, dynamic seismic lateral earth pressures are not required. If retaining walls are planned that will retain more than 6 feet of backfill, the geotechnical engineer should be notified to provide dynamic seismic lateral earth pressure increments, as needed.

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8. Long-term settlement of properly compacted imported sand/gravel for retaining wall backfill should be assumed to be about 0.25 and 0.5 percent of the depth of the backfill, respectively. Improvements that are constructed near the tops of retaining walls should be designed to accommodate long-term settlement.

9. All retaining walls should be drained with perforated pipe encased in a free-draining gravel blanket. The pipe should be placed with perforations facing downward and should discharge in a nonerosive manner away from foundations and other improvements. The gravel blanket should have a width of approximately 1-foot and should extend upward to the imported nonexpansive material, sand, aggregate base, or other material below the improved surface, as appropriate. To reduce infiltration of the soil into the gravel, a permeable synthetic filter fabric conforming to Standard Specifications Section 96-1.02B – Class C (Caltrans 2018a), should be placed between the two. Manufactured synthetic drains, such as Miradrain or Enkadrain are acceptable alternatives to the use of gravel, provided that they are installed in accordance with the recommendations of the manufacturer.

10. Where weep hole drainage can be properly discharged, the perforated pipe may be omitted in lieu of weep holes on maximum 4-foot centers. A filter fabric as described above should be placed between the weep holes and the drain gravel.

11. Walls facing areas where moisture transmission through the wall would be undesirable should be thoroughly waterproofed in accordance with the specifications of the architect/engineer.

12. The architect/engineer should bear in mind that retaining walls by their nature are flexible structures, and that surface treatments on walls often crack. Where walls are to be plastered or otherwise have a finish applied, the flexibility should be considered in determining the suitability of the surfacing material, spacing of horizontal and vertical control joints, etc. The flexibility should also be considered where a retaining wall will abut or be connected to a rigid structure, and where the geometry of the wall is such that its flexibility will vary along its length.

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HMA Pavement Sections

1. The following preliminary HMA pavement sections are based upon the tested R-values, or resistance to deformation under repeated loading, of 63 for silty sand and 29 for crushed siltstone. As both materials are anticipated at subgrade elevation, we have provided recommendations. The aggregate base and HMA thicknesses were calculated using the method presented in the Highway Design Manual (Caltrans 2018b Section 26) and are for compacted material.

Table 1 - HMA Pavement Sections for Crushed Siltstone (R = 29) Traffic Index HMA (in) Class 2 AB (in)

4.0 2.25 5.0

4.5 2.50 5.5

5.0 2.75 6.0

5.5 3.00 7.0

6.0 3.25 8.0

6.5 3.75 8.5

7.0 4.00 9.5

7.5 4.25 10.5

8.0 4.50 11.5

8.5 5.00 12.0

2. The upper 12 inches of subgrade and all aggregate base in HMA areas should be compacted to a minimum of 95 percent of maximum dry density. Subgrade and aggregate base should be firm and unyielding when proof-rolled with heavy, rubber-tired grading equipment prior to continuing construction.

3. To reduce migration of surface drainage into the subgrade, maintenance of pavement areas is critical. Any cracks that develop in the pavement should be promptly sealed.

4. The local jurisdiction may have additional requirements for pavement that could take precedence over the above recommendations.

Drainage and Maintenance

1. Unpaved ground surfaces should be graded during construction and, per Section 1804.3 of the CBC, finish graded to direct surface runoff away from foundations, slopes, and

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other improvements at a minimum 5 percent grade for a minimum distance of 10 feet. If this is not feasible due to the terrain, property lines, or other factors, swales with improved surfaces, area drains, or other drainage features should be provided to divert drainage away from these areas.

2. Finished pavement surfaces should be sloped to freely drain toward appropriate drainage facilities. Water should not be allowed to stand or pond on or adjacent to pavement or other improvements as it could infiltrate into the aggregate base and/or subgrade, causing premature pavement deterioration.

3. Maintenance of drainage and other improvements is critical to the long-term stability of slopes and the integrity of the roadway improvements. Site improvements, particularly drainage improvements, should be inspected and maintained on a regular basis. All exterior drains should be maintained to be free-flowing.

Observation and Testing

1. It must be recognized that the recommendations contained in this report are based on a limited number of borings and rely on continuity of the subsurface conditions encountered.

Therefore, the geotechnical engineer should be retained to provide consultation during the design phase, to review plans as they near completion, to interpret this report during construction, and to provide construction monitoring in the form of testing and observation.

2. At a minimum, the geotechnical engineer should be retained to provide:
x Review of the project plans as they near completion
x Professional observation during grading and backfill
x Oversight of soil special inspection

3. Special inspection of grading and backfill should be provided as per Section 1705.6 and Table 1705.6 of the 2019 CBC. The special inspector should be under the direction of the geotechnical engineer. It is our opinion that none of the grading construction is of a nature that should warrant continuous special inspection; periodic special inspection should suffice. Subject to approval by the Building Official, the exception to continuous special

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inspection is described in Section 1704.2 of the 2019 CBC and should be specified by the architect/engineer and periodic special inspection of the following items should be provided by the special inspector.
x Stripping and clearing of vegetation and unsuitable materials x Overexcavation to the recommended depths, as needed
x Scarification, moisture conditioning, and compaction of soil x On site and imported fill quality, placement and compaction x Foundation excavations, including compaction if needed

4. A program of quality assurance should be developed prior to beginning construction. At a minimum, the program should include all geotechnical items shown on the testing and inspection schedule of the approved plans. It should also include any additional inspection items required by the engineer and/or the governing jurisdiction. These items should be discussed at a preconstruction site meeting among a representative of the owner, the geotechnical engineer, special inspector, the project inspector, the engineer, and contractors. The geotechnical engineer should be notified at least 48 hours prior to beginning grading operations.

5. Locations and frequency of compaction tests should be per the recommendation of the geotechnical engineer at the time of construction. The recommended test location and frequency may be subject to modification by the geotechnical engineer, based upon soil and moisture conditions encountered, size and type of equipment used by the contractor, the general trend of the results of compaction tests, or other factors.

6. A preconstruction conference among the owner, the geotechnical engineer, the governing agency, the special inspector, the project inspector, the architect/engineer, and contractors is recommended to discuss planned construction procedures and quality control requirements.

7. The geotechnical engineer should be notified at least 48 hours prior to beginning construction operations. If Earth Systems Pacific is not retained to provide construction observation and testing services, it shall not be responsible for the interpretation of the information by others or any consequences arising therefrom.

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8.0 CLOSURE
Our intent was to perform the investigation in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing in the locality of this project under similar conditions. No representation, warranty, or guarantee is either expressed or implied. This report is intended for the exclusive use by the client as discussed in the “Scope of Services” Section. Application beyond the stated intent is strictly at the user's risk.

This report is valid for conditions as they exist at this time for the type of project described herein.

The conclusions and recommendations contained in this report could be rendered invalid, either in whole or in part, due to changes in building codes, regulations, standards of geotechnical or construction practice, changes in physical conditions, or the broadening of knowledge.

If changes with respect to the project become necessary, if items not addressed in this report are incorporated into plans, or if any of the assumptions used in the preparation of this report are not correct, this firm shall be notified for modifications to this report. Any items not specifically addressed in this report should comply with the CBC of other applicable standards, and the requirements of the governing jurisdiction.

The recommendations presented in this geotechnical report are based upon the geotechnical conditions encountered at the site and may be augmented by additional requirements of the client, or by additional recommendations provided by the geotechnical engineer based on peer or jurisdiction reviews, or conditions exposed at the time of construction. If Earth Systems Pacific is not retained to provide construction observation and testing services, it shall not be responsible for the interpretation of the information by others or any consequences arising therefrom.

This document, the data, conclusions, and recommendations contained herein are the property of Earth Systems Pacific. This report shall be used in its entirety, with no individual sections reproduced or used out of context. Copies may be made only by Earth Systems Pacific, the client, and the client’s authorized agents for use exclusively on the subject project. Any other use is subject to federal copyright laws and the written approval of Earth Systems Pacific.

Thank you for this opportunity to have been of service. If you have any questions, please feel free to contact this office at your convenience.

End of Text.

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TECHNICAL REFERENCES
ACI (American Concrete Institute). 2019. “Building Code Requirements for Structural Concrete.” Document 318.

ACI (American Concrete Institute). 2015. "Guide for Concrete Floor and Slab Construction." Document 302.1R.15.

ASCE (American Society of Civil Engineers). 2017. Minimum Design Loads for Buildings and other Structures, ASCE/SEI 7-16, ASCE.

California Building Code. 2019. California Code of Regulations, Title 24, Part 2.

Caltrans (California Department of Transportation). 2018a. Standard Specifications.

Caltrans (California Department of Transportation). 2018b. Highway Design Manual.

Google Earth. 2021. Google Earth [website], retrieved from:
http://www.google.com/earth/index.html
SEAOC (Structural Engineers Association of California). 2022. Seismic Design Map Tool. Retrieved from: https://seismicmaps.org/

APPENDIX A
Figure 1 - Site Vicinity Map
Figure 2 - Exploration Location Map
Boring Log Legend
Boring Log

Earth Systems Pacific
4378 Old Santa Fe Road, San Luis Obispo, CA 93401
www.earthsystems.com
(805) 544-3276 Fax (805) 544-1786
NOT TO SCALE BASE MAP PROVIDED BY: Google Earth (2021)
Date
January 2023
Project No.
305799-001
Figure 1

SITE VICINITY MAP
City of Arroyo Grande - 191-195 Retaining Wall
191/195 Tally Ho Road
Arroyo Grande, California
SITE

NOT TO SCALE
Earth Systems Pacific
4378 Old Santa Fe Road, San Luis Obispo, CA 93401
www.earthsystems.com
(805) 544-3276 Fax (805) 544-1786
Date
January 2023
Project No.
305799-001
Figure 2

EXPLORATION LOCATION MAP
City of Arroyo Grande - 191-195 Retaining Wall
191/195 Tally Ho Road
Arroyo Grande, California
BASE MAP PROVIDED BY: Google Earth (2021)
LEGEND
Boring Location (Approx.) B2
B1 B2

DEPTH
(feet)

USCS CLASS
SYMBOL

INTERVAL
(feet)
SAMPLE
TYPE

DRY DENSITY
(pcf)

MOISTURE
(%)
BLOWS
PER 6 IN.

SAMPLE DATA

SOIL DESCRIPTION
Earth Systems Pacific
LEGEND: Ring Sample Grab Sample Shelby Tube Sample SPT
NOTE: This log of subsurface conditions is a simplification of actual conditions encountered. It applies at the location and time of drilling.

Subsurface conditions may differ at other locations and times.

AUGER TYPE: 6" Hollow Stem
DRILL RIG: Mobile B-53 with Automatic Hammer
LOGGED BY: S. Venable
SANDY LEAN CLAY: dark brown, stiff, moist (Fill)

2.0 - 5.0

61.9 53.2
SM SILTY SAND: dark brown, loose, moist (Alluvium)
End of Boring @ 11.5'
No subsurface water encountered
PAGE 1 OF 1
Boring No. 1
JOB NO.: 305799-001
DATE: 12/22/2022

5.0 - 6.5 14
20 City of Arroyo Grande - 191-195 Retaining Wall
191/195 Tally Ho Road
Arroyo Grande, California
SILTY SANDSTONE: very dark brown, soft,
slightly weathered, moist

4.5" AC/5" AB
CL
6 10.0 - 11.5 42
50/4"
18 very dark brown, very moist
SILTSTONE: white, soft, slightly weathered, thinly
bedded, very moist (Pismo Formation)

DEPTH
(feet)

USCS CLASS
SYMBOL

INTERVAL
(feet)
SAMPLE
TYPE

DRY DENSITY
(pcf)

MOISTURE
(%)
BLOWS
PER 6 IN.

SAMPLE DATA

SOIL DESCRIPTION
Earth Systems Pacific
LEGEND: Ring Sample Grab Sample Shelby Tube Sample SPT
NOTE: This log of subsurface conditions is a simplification of actual conditions encountered. It applies at the location and time of drilling.

Subsurface conditions may differ at other locations and times.

AUGER TYPE: 6" Hollow Stem
DRILL RIG: Mobile B-53 with Automatic Hammer
LOGGED BY: S. Venable

1.0 - 4.5
SILTSTONE: white, soft, slightly weathered, thinly
bedded, moist (Pismo Formation)
End of Boring @ 11.5'
No subsurface water encountered
PAGE 1 OF 1
Boring No. 2
JOB NO.: 305799-001
DATE: 12/22/2022

5.0 - 6.5 22
27 City of Arroyo Grande - 191-195 Retaining Wall
191/195 Tally Ho Road
Arroyo Grande, California
SANDY LEAN CLAY: dark brown, soft, moist (Top
Soil)
12 10.0 - 11.5 30
50 11
SILTY SANDSTONE: dark yellowish brown, soft,
moderately weathered, moist
very dark brown, slightly weathered

APPENDIX B
Laboratory Test Results

City of Arroyo Grande - 191 - 195 Retaining Wall 305799-001 BULK DENSITY TEST RESULTS ASTM D 2937-17 (modified for ring liners) January 6, 2023

BORING DEPTH MOISTURE WET DRY
NO. feet CONTENT, % DENSITY, pcf DENSITY, pcf
1 6.0 - 6.5 53.2 94.8 61.9
EXPANSION INDEX TEST RESULTS ASTM D 4829-19

BORING DEPTH EXPANSION
NO. feet INDEX
1 2.0 - 5.0 0
2 1.0 - 4.5 67

City of Arroyo Grande - 191 - 195 Retaining Wall 305799-001 PARTICLE SIZE ANALYSIS ASTM D 422-63/07
Boring #1 @ 2.0 - 5.0' January 6, 2023
Silty Sand (SM) Specific Gravity = 2.65 (assumed)
Gravel = 0%; Sand = 62%; Silt = 23%; Clay = 15%
Sieve size % Retained % Passing
#4 (4.75-mm) 0 100
#8 (2.36-mm) 0 100
#16 (1.18-mm) 2 98
#30 (600-μm) 6 94
#50 (300-μm) 14 86
#100 (150-μm) 37 63
#200 (75-μm) 62 38
Hydrometer Analysis
45-μm 27
32-μm 25
21-μm 20
12-μm 19
9-μm 16

5.1-μm 15

3.2-μm 14
Colloids 9
4 8 16 30 50 100 200
0 10
20 30
40 50
60 70
80 90
100
100 10 1 0.1 0.01 0.001

PERCENT PASSING
GRAIN SIZE, mm
U. S. STANDARD SIEVE OPENING, in. U. S. STANDARD SIEVE NUMBERS HYDROMETER ANALYSIS

City of Arroyo Grande - 191 - 195 Retaining Wall 305799-001 PARTICLE SIZE ANALYSIS ASTM D 422-63/07
Boring #2 @ 1.0 - 4.5' January 6, 2023
Crushed Siltstone Specific Gravity = 2.70 (assumed)
Gravel = 0%; Sand = 24%; Silt = 38%; Clay = 38%
Sieve size % Retained % Passing
#4 (4.75-mm) 0 100
#8 (2.36-mm) 0 100
#16 (1.18-mm) 3 97
#30 (600-μm) 6 94
#50 (300-μm) 9 91
#100 (150-μm) 13 87
#200 (75-μm) 24 76
Hydrometer Analysis
42-μm 67
31-μm 62
20-μm 56
12-μm 47
8-μm 41

4.9-μm 38

3.1-μm 32
Colloids 27
4 8 16 30 50 100 200
0 10
20 30
40 50
60 70
80 90
100
100 10 1 0.1 0.01 0.001

PERCENT PASSING
GRAIN SIZE, mm
U. S. STANDARD SIEVE OPENING, in. U. S. STANDARD SIEVE NUMBERS HYDROMETER ANALYSIS

City of Arroyo Grande - 191 - 195 Retaining Wall 305799-001 MOISTURE-DENSITY COMPACTION TEST ASTM D 1557-12 (Modified) PROCEDURE USED: A January 6, 2023
PREPARATION METHOD: Moist Boring #1 @ 2.0 - 5.0'
RAMMER TYPE: Mechanical Dark Brown Silty Sand (SM)
SPECIFIC GRAVITY: 2.65 (assumed)
SIEVE DATA: MAXIMUM DRY DENSITY: 124.3 pcf
Sieve Size % Retained (Cumulative) OPTIMUM MOISTURE: 9.1% 3/4" 0
3/8" 0 ENTER OVERSIZE CORRECTION DATA
#4 0
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 DRY DENSITY, pcf
MOISTURE CONTENT, percent
Compaction Curve Zero Air Voids Curve

City of Arroyo Grande - 191 - 195 Retaining Wall 305799-001 DIRECT SHEAR ASTM D 3080/D3080M-11 (modified for consolidated, undrained conditions) January 6, 2023
Boring #1 @ 6.0 - 6.5' INITIAL DRY DENSITY: 61.4 pcf
Crushed Siltstone INITIAL MOISTURE CONTENT: 53.2 %
Ring sample, saturated PEAK SHEAR ANGLE (Ø): 56°
COHESION (C): 659 psf
0 500
1,000
1,500
2,000
2,500
3,000
3,500
0 500 1,000 1,500 2,000 2,500
SHEAR STRESS, psf
NORMAL STRESS, psf
SHEAR vs. NORMAL STRESS

City of Arroyo Grande - 191 - 195 Retaining Wall 305799-001 DIRECT SHEAR continued ASTM D 3080/D3080M-11 (modified for consolidated, undrained conditions) Boring #1 @ 6.0 - 6.5' January 6, 2023
Crushed Siltstone
Ring sample, saturated SPECIFIC GRAVITY: 2.70 (assumed) SAMPLE NO.: 1 2 3 AVERAGE

INITIAL
WATER CONTENT, % 53.2 53.2 53.2 53.2
DRY DENSITY, pcf 61.4 60.5 62.3 61.4
SATURATION, % 82.3 80.4 84.3 82.3
VOID RATIO 1.745 1.787 1.704 1.745
DIAMETER, inches 2.410 2.410 2.410
HEIGHT, inches 1.00 1.00 1.00

AT TEST
WATER CONTENT, % 63.4 64.3 64.5
DRY DENSITY, pcf 62.6 62.1 65.4
SATURATION, % 100.0 100.0 100.0
VOID RATIO 1.693 1.712 1.577
HEIGHT, inches 0.98 0.97 0.95
0 500
1,000
1,500
2,000
2,500
3,000
3,500

0.00 0.05 0.10 0.15 0.20 0.25
SHEAR STRESS, psf
HORIZONTAL DEFORMATION, inches
486 psf
971 psf
1,942 psf

City of Arroyo Grande - 191 - 195 Retaining Wall 305799-001 MOISTURE-DENSITY COMPACTION TEST ASTM D 1557-12 (Modified) PROCEDURE USED: A January 6, 2023
PREPARATION METHOD: Moist Boring #2 @ 1.0 - 4.5'
RAMMER TYPE: Mechanical Crushed Silstone
SPECIFIC GRAVITY: 2.70 (assumed)
SIEVE DATA: MAXIMUM DRY DENSITY: 89.8 pcf
Sieve Size % Retained (Cumulative) OPTIMUM MOISTURE: 23.8% 3/4" 0
3/8" 0 ENTER OVERSIZE CORRECTION DATA
#4 0
80 81
82 83
84 85
86 87
88 89
90 91
92 93
94 95
96 97
98 99
100
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 DRY DENSITY, pcf
MOISTURE CONTENT, percent
Compaction Curve Zero Air Voids Curve

City of Arroyo Grande - 191 - 195 Retaining Wall 305799-001 DIRECT SHEAR ASTM D 3080/D3080M-11 (modified for consolidated, undrained conditions) January 6, 2023
INITIAL DRY DENSITY: 80.8 pcf
INITIAL MOISTURE CONTENT: 23.8 %
Boring #2 @ 1.0 - 4.5'
Crushed ^ŝůƚƐƚŽŶĞ
Compacted to 90% RC, saturated PEAK SHEAR ANGLE (Ø): 32° COHESION (C): 433 psf
0 500
1,000
1,500
2,000
2,500
3,000
0 500 1,000 1,500 2,000 2,500
SHEAR STRESS, psf
NORMAL STRESS, psf
SHEAR vs. NORMAL STRESS

City of Arroyo Grande - 191 - 195 Retaining Wall 305799-001 DIRECT SHEAR continued ASTM D 3080/D3080M-11 (modified for consolidated, undrained conditions) Boring #2 @ 1.0 - 4.5' January 6, 2023
Crushed Shale
Compacted to 90% RC, saturated SPECIFIC GRAVITY: 2.70 (assumed) SAMPLE NO.: 1 2 3 AVERAGE

INITIAL
WATER CONTENT, % 23.8 23.8 23.8 23.8
DRY DENSITY, pcf 80.8 80.8 80.8 80.8
SATURATION, % 59.2 59.2 59.2 59.2
VOID RATIO 1.085 1.085 1.085 1.085
DIAMETER, inches 2.410 2.410 2.410
HEIGHT, inches 1.00 1.00 1.00

AT TEST
WATER CONTENT, % 48.4 47.4 44.6
DRY DENSITY, pcf 81.6 83.8 85.6
SATURATION, % 100.0 100.0 100.0
VOID RATIO 1.065 1.010 0.969
HEIGHT, inches 0.99 0.96 0.94
0 500
1,000
1,500
2,000

0.00 0.05 0.10 0.15 0.20 0.25
SHEAR STRESS, psf
HORIZONTAL DEFORMATION, inches
486 psf
971 psf
1,942 psf

City of Arroyo Grande - 191 - 195 Retaining Wall 305799-001 RESISTANCE 'R ' VALUE AND EXPANSION PRESSURE ASTM D 2844/D2844M-18 January 6, 2023
Boring #1 @ 2.0 - 5.0' Dry Density @ 300 psi Exudation Pressure: 128.0-pcf Dark Brown Silty Sand (SM) %Moisture @ 300 psi Exudation Pressure: 11.4% R-Value - Exudation Pressure: 63
R-Value - Expansion Pressure: N/A
R-Value @ Equilibrium: 63
0 10
20 30
40 50
60 70
80 90
800 700 600 500 400 300 200 100 0

R-VALUE
EXUDATION PRESSURE, psi

EXUDATION PRESSURE
CHART

0.0 0.2

0.4 0.6

0.8 1.0

1.2 1.4

1.6 1.8

2.0 0.0 0.2 0.4 0.6 0.8 1.0 1.2 1.4 1.6 1.8 2.0
COVER THICKNESS BY EXUDATION PRESSURE, ft
COVER THICKNESS BY EXPANSION PRESSURE, ft

EXPANSION PRESSURE CHART

City of Arroyo Grande - 191 - 195 Retaining Wall 305799-001 RESISTANCE 'R ' VALUE AND EXPANSION PRESSURE ASTM D 2844/D2844M-18 January 6, 2023
Boring #2 @ 1.0 - 4.5' Dry Density @ 300 psi Exudation Pressure: 90.7-pcf Crushed Siltstone %Moisture @ 300 psi Exudation Pressure: 34.8% Specified Traffic Index: 5.0 R-Value - Exudation Pressure: 29 R-Value - Expansion Pressure: 53
R-Value @ Equilibrium: 29
0 10
20 30
40 50
60 70
80 90
800 700 600 500 400 300 200 100 0

R-VALUE
EXUDATION PRESSURE, psi

EXUDATION PRESSURE
CHART

0.0 0.2

0.4 0.6

0.8 1.0

1.2 1.4

1.6 1.8

2.0 0.0 0.2 0.4 0.6 0.8 1.0 1.2 1.4 1.6 1.8 2.0
COVER THICKNESS BY EXUDATION PRESSURE, ft
COVER THICKNESS BY EXPANSION PRESSURE, ft

EXPANSION PRESSURE CHART

ATTACHMENT 5 – BID ADDENDA

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ADDENDUM NO. 1
Date: August 22, 2023
To: All Plan Holders
From: Paul Henderson
Capital Improvement Project Manager (Interim)
Subject: 191 Tally Ho Frontage Improvements, PW 2023-09 Receipt of this Addendum must be acknowledged by writing “Addendum No. 1” on the outside of the bid envelope.
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Attachment 1 – Plan Holder List

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Attachment 2 – Structural Plans

ATTACHMENT 6 – PLANS

JAMES WAY

TALLY HO RD

CORBETT CONAYON RD

WILDWOOD DR

PASEO ST

PASEO ST
MAY ST

LE POINT ST

MCKINLEY ST

VIA LA BARRANCA

CANYON WAY

VICINITY MAP
2 PW 2023-09
1 TITLE SHEET

IMPROVEMENT PLAN

ROW FRONATAGE IMPROVEMENTS AND RETAINING WALL
DETAILED CROSS SECTION STA. 11 + 15.46ROAD SECTION, CURB, GUTTER AND RETAINING WALL

CONSTRUCTION NOTES
2 PW 2023-09

DETAIL BCORNER WALL

DETAIL ACORNER WALL

DETAIL CLOW COMPOSITE WALL
2

APPENDICES
A32
ATTACHMENT 7 – PUBLIC CONTRACT CODE SECTION 9204
9204.
(a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner. (b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project.
(c) For purposes of this section:
(1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project.
(B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the public entity. (2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project.
(3) (A) “Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency.
(B) “Public entity” shall not include the following:

APPENDICES
A33
(i) The Department of Water Resources as to any project under the jurisdiction of that department.
(ii) The Department of Transportation as to any project under the jurisdiction of that department.
(iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department.
(iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code.
(v) The Military Department as to any project under the jurisdiction of that department.
(vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority.
(4) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind.
(5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor.
(d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision.
(B) The claimant shall furnish reasonable documentation to support the claim.
(C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified

APPENDICES
A34
mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion.
(D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply.
(2) (A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute.
(B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.
(C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.

APPENDICES
A35
(D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
(E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute.
(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant.
(4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.
(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.
(e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section.
(f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe

APPENDICES
A36
reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section.
(g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations.
(i) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2027, deletes or extends that date.

ATTACHMENT 2

Recording Requested by and
Upon Recordation, Please Return
to:

City of Arroyo Grande
300 E. Branch Street
Arroyo Grande, CA 93420
ATTN: City Clerk

GOVERNMENT AGENCY
PORTION OF ASSESSOR'S PARCEL NO. 077-022-005
-- This S ace for Recorder's Use Onl --
EXEMPT FROM RECORDING FEES (GOVT. CODE§ 27283)

EXEMPT FROM DOCUMENT ARY TRANSFER TAX
(R&T CODE§ 11922)

IRREVOCABLE AND PERPETUAL OFFER TO DEDICATE
(Right-of-Way)
THIS IRREVOCABLE AND PERPETUAL OFFER TO DEDICATE is made this_ day of __ , 2023, by Brian Marsland, individually and as trustee for the Brian Marsland Revocable Trust, dated March 9, 2020 and Karen Miale, individually and as trustee for the Karen Miale Revocable Trust, dated March 9, 2020, hereinafter termed Offerors.

FOR GOOD AND VALUABLE CONSIDERATION, Offerors covenant and promise as follows:

1. That said Offerors are the sole owners of the real property commonly referred to as 191 Tally Ho, Arroyo Grande, California, and as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference.

2. That said Offerors do hereby irrevocably and in perpetuity offer to the City of Arroyo Grande ("City") an easement for a public right of way, in, over, upon, across and under that portion of certain real property located in the City of Arroyo Grande, County of San Luis Obispo, as more particularly described in Exhibit "B" and depicted in Exhibit "C", both of which are attached hereto and incorporated herein by this reference.

3. That said Offerors have reviewed and agreed to the City's plans for improvements in the public right of way, dated on or about August 10, 2023, and that Offerors make this dedication based on City's agreement to construct the retaining wall as set forth in said plans. Subject to the foregoing, Offerors agree and acknowledge that this offer of dedication provides the City with the right to install, maintain, repair, and replace any and all public right of way improvements City deems necessary, in its sole and absolute discretion.

ATTACHMENT 3

4. Said easement offered herein shall be non-exclusive and in gross. Provided, however, the easement rights offered to the City shall be paramount and superior to the rights of Offerors and all other persons and entities.

5. That said Offerors agree that said offer of dedication set forth herein shall be irrevocable and shall only be effective upon the City Council, or its authorized designee, accepting the dedication by appropriate action, which may occur at any time following execution of said offer of dedication.

6. That said Offerors agree that this irrevocable and perpetual offer to dedicate is and shall be binding on their heirs, legatees, successors and assigns.

GRANTORS
~
: ------
~:)
Brian Marsland
Individually as Trustee for
The Brian Marsland Revocable Trust,
dated o/ch 9, 2020
L~ MA dz_____ KarenMiae
Individually and as trustee for
The Karen Miale Revocable Trust,
dated March 9, 2020
Refer to attached
Notary Certificate

A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which
this certificate is attached, and not the
truthfulness, accuracy, or validity of that
document.

ST ATE OF G Q, ~ \ "' ))
ss:

COUNTY OF (J)ra ~ )
On Nlb 11 n ' 202 - before me, '?Ai+ IQ 1 tit A-tQ e I A r.. - Nc/161--12 ~ futu l..- 1 ( (insert name and title of the officer), ~
personally appeared k 0, ve 'V7 \JA4' '3, )f 4 GYt½ Y) W)~ ~i~roved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
~············~ , ,•':C,7.'.. '•, ZAHID ISHAQ RIAR
;,;~·;.~";, Notary Public - California z ~~.~<- .' _= · OrangeCountv ~ -;. . ,. Commission# 2•21465 - c,;;,c••'' My Comm . Expires Oct 15 , 2026
[Seal]

EXHIBIT A

LEGAL DESCRIPTION
Real property in the City of Arroyo Grande, County of San Luis Obispo, State of California, described as follows:

THAT PORTION OF LOT 26 OF THE RESUBDIVISION OF PART OF THE RANCHOS CORRAL DE PIEDRA, PISMO AND BOLSA DE CHEMISAL SURVEYED R.P. HARRIS IN NOVEMBER 1885, IN THE CITY OF ARROYO GRANDE,

COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP FILED FOR RECORD NOVEMBER 24, 1886, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:

BEGINNING AT THE MOST EASTERLY CORNER OF THE PROPERTY CONVEYED TO WILBER D. HARKNESS, ET UX, BY DEED DATED MARCH 14, 1946 AND RECORDED APRIL 12, 1946 IN BOOK 399, PAGE 241 OF OFFICIAL RECORDS. SAID POINT ALSO BEING THE NORTHWESTERLY LINE OF A COUNTY ROAD 40 FEET IN WIDTH, AS SAID ROAD IS SHOWN ON MAP RECORDED AUGUST 23, 1940 IN BOOK 2, PAGE 64 OF RECORD OF SURVEYS. THENCE SOUTH 37°36' WEST ALONG THE NORTHWESTERLY LINE OF SAID COUNTY ROAD, 200 FEET TO THE TRUE POINT OF BEGINNING. THENCE NORTH 55°31' WEST, 158.00 FEET TO A POINT. THENCE NORTH 37°36' EAST, 60.00 FEET TO A POINT. THENCE SOUTH 55°31' EAST, 158.00 FEET TO A POINT ON THE NORTHWESTERLY LINE OF COUNTY ROAD, AS AFORESAID.

THENCE SOUTH 37°36' WEST ALONG SAID NORTHWESTERLY LINE, 60.00 FEET TO THE TRUE POINT OF BEGINNING.

APN 077-022-005

EXHIBIT "B"
PARCEL 1
31 PM 40 PARCEL A
25 PM 96
r---S3_7"_3_s_·w- so-.o-o-· -.---s-Jrl 60.°T
7 PARCEL 3
44 PM 22
191 TALLY HO RD
1530 OR 533
I
195 TALLY HO RD I
PARCEL 2 1571 OR 68 1598 OR 406 b 8 q 31 PM 40 " CX) '° " a, II') a, II') .... ,...: .... ,...:
-,:. ft) ft)
.... -,= .... .... .... ft) ft) io io II') II') z z
_E(IST R/W _ -.--~o~~ED-~ __
OFFER io ;,, N37"36'E 60.00' ;,, PER 31
PM 40
o- 0 q ..... • 0
~ .e:, ~ S37"36'W 60.00' ""
r EXIST R/W TPOB
0 20 40 80
- - LEGEND
POB
TPOB
R/W

POINT OF BEGINNING

TRUE POINT OF BEGINNING

RIGHT OF WAY
b r- q
CX)
II')
~1; .... . ,,, I .... .... ft)
io
II')
z
PARCEL .2
44 PM 22

EXIST R/W
I I ;,, OFFER
: lq PER 44
S37"36'W 60. _____ S37"36'W 80.(}<t ~ ___ PM 22 ____ _
EXIST R/W ~ ...._,,, POB
S37"36'W 200.00'
EXIST R/W _ ----r--.---

TALLY HO ROAD

OFFER OF DEDICATION
OF A PORTION OOFGRAN 1530\ O~ot~Nor~
CllY OF ARROY ' NIA

LUIS OBISPO, STATE OF CAUFOR
c::, 17Ax
GARING TAYLOR & ASSOCIATES, INC. • RVEYORS , PLANNERS CIVIL ENGINEERS ' SU . """•Ill! UISOUlllEUISIREET • AR!lOYOGIWIDE.r.1131lO ,-,

EXHIBITC
Legal Description
That portion of Lot 26 of the Resubdivision of Part of The Ranchos Corral De Piedra, Pismo and Balsa De Chemisal surveyed by R.P. Harris in November 1885, in the City of Arroyo Grande, County of San Luis Obispo, State of California according to the map filed for recording November 24, 1886, in the Office of the County Recorder of said County, being a portion of the property conveyed to William F. Vickery and Dorothy M. Vickery by deed recorded September 10, 1969 in Book 1530 at Page 533 of Official Records on file in said County Recorder's Office more particularly described as follows:

Beginning at the most easterly corner of the property conveyed to Wilber D. Harkness, ET UX, by deed dated March 14, 1946 and recorded April 12, 1946 in Book 399 at Page 241 of Official Records, said point also being on the Northwesterly line of a County Road 40 feet in width, (now known as Tally Ho Road), as said road is shown on the map recorded August 23, 1940 in Book 2 at Page 64 of Records of Surveys;
thence South 37°36' West along the Northwesterly line of said 40.00 foot County Road, 200.00 feet to the True Point Of Beginning, said point being the True Point Of Beginning of said deed recorded in Book 1530 at Page 533;
thence along the westerly line of said deed, North 55°31' West 20.03 feet to a point; thence leaving said westerly line along a line 20.00 feet northwesterly of and parallel with the Northwesterly line of said 40.00 foot County Road, North 37°36' East 60.00 feet to a point on the easterly line of said deed;
thence along said easterly line South 55°31' West 20.03 feet to a point on the Northwesterly line of said 40.00 foot County Road;
thence along said Northwesterly line South 37°36' West 60.00 feet to the True point of Beginning.

As shown on Exhibit "B" attached hereto and made a part hereof.

William L. Rebik, LS 7035
Expiration Date: 9-30-24
Date 7 /19/23

ATTACHMENT 4

Item 9.n.

MEMORANDUM
TO: City Council
FROM: Bill Robeson, Interim City Manager
BY: Brian Pedrotti, Community Development Director
SUBJECT: Five Cities Fire Authority Fire Prevention Agreement and Delegation of Authority to the City of Arroyo Grande
DATE: September 12, 2023
SUMMARY OF ACTION:

Approval of a Five Cities Fire Authority (“FCFA”) Fire Prevention Agreement and delegation of authority from the FCFA to the City of Arroyo Grande to conduct certain fire inspection services within the City, listed in Exhibit A – Scope of Services.

IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:

Delegation of fire inspection service authority to the City of Arroyo Grande by FCFA will increase staff time necessary to provide those fire inspection services. The City has budgeted $15,000 for these additional fire inspection services. However, the City’s Building Division contracts with a consultant to conduct the contemplated services at designated hourly billing rates, and the amount owed to the consultant will be offset by the cost charged by the City for the fire prevention and inspection services that are provided. The City is in the process of amending its Master Fee Schedule, and will include these fees consistent with consultant expenditure costs for the listed fire prevention services.

RECOMMENDATION:

Approve the Fire Prevention Agreement to delegate fire inspection service authority to the City of Arroyo Grande and find that the agreement is not a project subject to the California Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.).

BACKGROUND:

In 2004, the cities of Arroyo Grande and Grover Beach collaboratively entered into an agreement for fire prevention services. This agreement was expanded over the next several years to include equipment sharing, consolidation of the reserve firefighter

Item 9.n.

City Council
Five Cities Fire Authority Fire Prevention Agreement and Delegation of Authority to the City of Arroyo Grande
September 12, 2023

program, and dispatch of emergency services regardless of community boundaries or city limits. In 2009, the Oceano Community Services District (OCSD) joined the other communities, and the Five Cities Fire Authority (FCFA) was officially formed on July 9, 2010, as a Joint Powers Authority, to address the need for increased service levels to citizens and visitors within each respective jurisdiction, to ensure consistent and professional training standards, and increase operational efficiencies.

Since FCFA was established, fire prevention plan review and inspection duties remained inconsistent between the member communities. Based partly upon the findings of a thirdparty organizational assessment (conducted by Baker Tilly, in February 2023), the Cities of Arroyo Grande and Grover Beach are being asked to agree to assume certain fire inspection services as identified in the attached Exhibit A, to improve consistency in fire plan review and as a transitional strategy towards the eventual creation of a FCFA Fire Prevention Bureau that would take over fire prevention services in the future. This need also stemmed from the withdrawal of the OCSD as a member agency of the FCFA on July 1, 2023, given the failure of Oceano Measure A-22, which would have generated additional funding for fire and emergency medical services in Oceano. As such, beginning with the FY 2023-24 budget, Arroyo Grande and Grover Beach have increased their municipal budgets to ensure adequate fire prevention services to its residents and businesses through each member agency’s continued, increased contributions to the FCFA, and by accepting delegation by FCFA, at their request, consistent with the Baker Tilly study for certain contractual fire inspection services as contemplated by the attached agreement. The delegation of these services is intended to improve cost efficiencies and maximize operational staffing needs. The Five Cities Fire Authority Board approved the agreement on August 21, 2023, and the Grover Beach City Council approved the agreement at their regularly scheduled meeting on August 28, 2023.

Senate Bill (SB) 1205
The California Fire Code places the responsibility for fire prevention on the Fire Chief, or their designee. Several years ago, the State Fire Marshall’s Office stopped inspecting school sites, and local governments stepped in to provide these services. Additionally, Senate Bill (SB) 1205 became effective in 2018, which requires annual inspections of specified structures (occupancy types), along with an annual resolution identifying the percentage of inspections completed by occupancy type including:
 Public and Private schools
 Multi-family dwellings
 Hotels/Motels
 Certain Residential Care Facilities
In accordance with the Baker Tilly report, over 70% of business inspections are not being conducted, and consequently, fire prevention is not currently being supported at the desired level. The Baker Tilly report recommends that contracting for services listed in

Item 9.n.

City Council
Five Cities Fire Authority Fire Prevention Agreement and Delegation of Authority to the City of Arroyo Grande
September 12, 2023

Exhibit A would be more economical due to FCFA’s existing, limited financial resources (Recommendation #4).

ANALYSIS OF ISSUES:

Delegation of Fire Prevention Services
In collaboration with FCFA, the cities of Arroyo Grande and Grover Beach have agreed to certain fire inspection services as identified in attached Exhibit A to improve consistency of fire plan review in the member communities. On August 21, 2023, the Fire Board approved the delegation of fire authority as part of the Fire Prevention Agreement to the cities of Arroyo Grande and Grover Beach and as of July 1, 2023, the Arroyo Grande Community Development Department has assumed responsibility for the following mutually agreed upon services for a one-year term:
 Residential Care Facilities (Group R – SB 1205)
 Public & Private Schools (Group E – SB 1205)
 Pre-school/Child Care Facilities
 Business Inspections
 Hospital/Clinic Inspections
 Plan/Sprinkler Review
 Related Field Inspections
FCFA will retain responsibility for fire prevention services for multi-family dwellings, hotel/motels, pre-application review, special events, fireworks program management, and weed abatement program management of fire prevention services within the City, as outlined in Attachment 1 – Exhibit “A”, Scope of Services.

Contractual Fire Prevention Services
The City acknowledges the responsibility to protect the health and safety of its residents, businesses, and visitors and recognizes the need for efficient and effective fire prevention services. Given the delegation of certain fire prevention services, the City has demonstrated its capability and readiness to assume responsibility for these services.

As of July 1, 2023, fire services have been contracted to the City’s building consultant, who will employ a team of professional certified fire plan reviewers, fire inspectors, fire protection engineers, and fire marshal personnel, sufficient and capable to support front counter procedures, review plans, and perform inspection of structures for fire code compliance. The City is in the process of a new RFP for permanent building division services which was posted on August 31, 2023. Before the selection of a consultant for permanent services, the City will employ an interim contract until that selection is complete. The Community Development Department will ensure the fire prevention activities are completed in compliance with SB 1205.

Item 9.n.

City Council
Five Cities Fire Authority Fire Prevention Agreement and Delegation of Authority to the City of Arroyo Grande
September 12, 2023

ALTERNATIVES:

The following alternatives are provided for the Council’s consideration:

1. Approve the Fire Prevention Agreement to delegate fire prevention service authority to the City of Arroyo Grande; or

2. Provide other direction to staff.

ADVANTAGES:

Approval of the Fire Prevention Agreement and delegation of fire prevention service authority to the City of Arroyo Grande will ensure that fire prevention services are consistently and continuously maintained.

DISADVANTAGES:

Delegation of fire prevention service authority to the City of Arroyo Grande will increase staff time necessary to process these services. Although the City has budgeted an additional $15,000 toward these services, the City’s contracted services with a Building Division services consultant will be offset by the related fees charged by the City for the fire prevention services.

ENVIRONMENTAL REVIEW:

The approval of an agreement to delegate authority for fire prevention is not a project subject to the California Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.).

PUBLIC NOTIFICATION AND COMMENTS:

The Agenda was posted at City Hall and on the City’s website in accordance with Government Code Section 54954.2.

Attachments:

1. City of Arroyo Grande and Five Cities Fire Prevention Agreement Exhibit “A” – Scope of Services

65501.00013\41537517.1
ATTACHMENT 1
1 AGREEMENT FOR CONTRACT SERVICES
This Agreement for Contract Services and Delegation of Fire Inspection Services ("Agreement") dated __________, is entered into by and between the City of Arroyo Grande, a municipal corporation ("Arroyo Grande"), and the Five Cities Fire Authority, a California Joint Powers Authority ("Authority"). Arroyo Grande and Authority are sometimes referred to herein, collectively, or individually as "Parties" or "Party".

RECITALS
WHEREAS, the cities of Arroyo Grande, Grover Beach and Oceano Community Services District initially created a joint powers authority by executing a Joint Exercise of Powers Agreement, dated June 7, 2010, for the purpose of providing more efficient and effective fire protection services within the Parties’ respective jurisdictions; and WHEREAS, the cities of Arroyo Grande and Grover Beach executed an Amended and Restated Joint Exercise of Powers Agreement in June, 2023 (“the Amended and Restated JPA Agreement”), pursuant to Government Code Sections 6500 et seq. for the purpose of restructuring the Authority to a two member agency joint powers authority, to streamline services and provide for more cost effective fire and emergency services; and WHEREAS, the Amended and Restated JPA Agreement revised the 2010 agreement and is now one of the governing documents for the Authority; and WHEREAS, the Authority has a need for improving costs efficiencies, maximizing operational staffing needs and desires for Arroyo Grande to complete a portion of the fire inspections performed by the Authority by delegation of the Fire Chief, pursuant to Chapter 9, of the California Building Codes, Fire Protection Service, Section 1.11.2.1.1; and
WHEREAS, Arroyo Grande has qualified personnel that can provide fire inspection services under contract with the Authority; and
WHEREAS, Arroyo Grande and the Authority desire to enter into this Agreement in order to set forth the terms and conditions of Arroyo Grande providing such services to the Authority.

NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the Parties agree as follows:

1. Recitals. The Recitals above are true and correct and are incorporated herein by reference.

65501.00013\41537517.1
ATTACHMENT 1
2 2. Scope of Services. Arroyo Grande will, under the terms and conditions of this Agreement, provide the Authority with fire inspection services (“Services”), as more specifically described in Exhibit "A" entitled "Scope of Services," attached hereto and incorporated herein by this reference.

3. Compensation. Arroyo Grande shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement, through the imposition of regulatory fees in an amount equal to the direct costs incurred by Arroyo Grande in providing the Services at the rates established by City Council approval. Direct costs shall consist of salary and benefit costs for time dedicated exclusively by employees in performing services for the Authority. No overhead costs shall be charged.

4. Term. The term of this Agreement shall extend 12 months from July 1, 2023. The Parties may mutually agree in writing to extend the term of the Agreement for additional agreed upon periods of time. Either Party may terminate this agreement with or without cause upon sixty (60) days prior written notice.

5. Non-Exclusive. This Agreement does not obligate the Authority to exclusively use the services of Arroyo Grande for services that are not otherwise set forth in the JPA Agreement as being exclusive to Arroyo Grande. The Authority shall be entitled to retain other service providers and consultants as deemed necessary by the Authority for the provision of such services.

6. MISCELLANEOUS

7.1 Entire Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, and arrangements, both oral and written, between the Parties hereto with respect to such subject matter. Nothing in this Agreement shall be deemed to modify the terms and conditions set forth in the Amended and Restated JPA Agreement.

Except as otherwise provided herein, this Agreement may not be modified, amended, altered, or rescinded in any manner, except by written instrument signed by both of the Parties. The waiver by either Party of a breach or compliance with any provision of this Agreement shall not operate nor be construed as a waiver of any subsequent breach or compliance.

65501.00013\41537517.1
ATTACHMENT 1
3 7.2 Assignment. A Party may not assign this Agreement without the prior written consent of the other Party.

7.3 Notices. Unless otherwise specified herein, any notices or other communications required or permitted hereunder shall be given in writing and be delivered personally or sent by facsimile transmission, internationally recognized overnight courier, registered, or certified mail (postage prepaid with return receipt requested) as follows:

To Arroyo Grande: City of Arroyo Grande
Attn: City Clerk
300 W Branch St
Arroyo Grande, CA 93433
To Authority:

Five Cities Fire Authority
Attn: Secretary to the
Board
140 Traffic way
Arroyo Grande, CA 93420
Such notices or other communications shall be deemed received (i) on the date delivered, if delivered personally, (ii) on the date that return confirmation is received by sender, if sent by facsimile or (iii) five (5) days after being sent, if sent by first class registered mail, return receipt requested.

7.4 Relationship of the Parties. Nothing in this Agreement, or in the course of dealing between the Parties pursuant to this Agreement, shall be deemed to create between the Parties (including their respective officers, employees and agents) in connection with the subject matter herein, a partnership, joint venture, association, employment relationship or any other relationship, other than that of independent contractors with respect to each other. Neither Party shall have the authority to commit or legally bind the other Party in any manner whatsoever, including but not limited to, the acceptance or making of any agreement, representation, or warranty.

7.5 Third Party Beneficiaries. This Agreement inures to the benefit of the Parties only and no third party shall have any rights hereunder.

7.6 Severability. If any provision of this Agreement is held invalid or unenforceable, such provision shall be deemed deleted from this Agreement and shall be replaced by a valid and enforceable provision which

65501.00013\41537517.1
ATTACHMENT 1
4 so far as possible achieves the same objectives as the severed provision was intended to achieve, and the remaining provisions of this Agreement shall continue in full force and effect.

7.7 Survival. Any provision of this Agreement which contemplates performance or observance subsequent to any termination or expiration of this Agreement shall survive any termination or expiration of this Agreement and continue in full force and effect.

7.8 Headings. The section headings used herein are for reference and convenience only and shall not enter into the interpretation hereof.

7.9 Venue: Any dispute under this Agreement shall be resolved under the laws of the State of California with venue in San Luis Obispo County.

7.10 Indemnification: The Authority and Arroyo Grande agree to indemnify and hold the other Party harmless from all liability for damage to persons or property arising out of or resulting from the acts or omissions of the indemnifying Party in connection with performance under this Agreement.

IN WITNESS WHEREOF, the Parties hereto have caused their duly authorized representatives to execute this Agreement effective as of the date first written above.

FIVE CITIES FIRE AUTHORITY
By:_______________________

CITY OF ARROYO GRANDE
BY:_______________________

65501.00013\41537520.1
EXHIBIT “A”

SCOPE OF SERVICES
The City of Arroyo Grande and the City of Grover Beach (Cities) acknowledge their role in protecting the health and safety of their residents, businesses, and visitors and recognize the need for efficient and effective fire prevention services within their jurisdictions. Per the Agreement, effective July 1, 2023, the City of Arroyo Grande will provide the following fire prevention services:
 Residential Care Facilities (Group R – SB 1205)
 Public & Private Schools (Group E – SB 1205)
 Pre-school/Child Care Facilities
 Business Inspections
 Hospital/Clinic Inspections
 Plan/Sprinkler Review
 Related Field Inspections
The Five Cities Fire Authority (FCFA) will continue to provide the following fire prevention services:
 Multi-Family Dwellings (Group R – SB 1205)
 Hotel/Motels (Group R – SB 1205)
 Project Pre-Application Review (Water Supply & Access)  Special Event Application Review/Food Booth Inspection  Fireworks Program Management
 Weed Abatement Program Management